[Ord. 2016-2267, 10/11/2016]
The Borough Council may require that portions of a subdivision
be set aside for parks, playgrounds or other public uses. Areas set
aside for recreational or school purposes shall be reasonably compact
parcels, placed to serve all parts of the subdivision, accessible
from a public street, and not excessively irregular in terrain.
1.
Developers shall provide recreation facilities and open space land
in the amount and character prescribed in the Comprehensive Plan and/or
the Zoning Ordinance.
2.
Conservation of open space.
A.
Environmentally sensitive features should be conserved based on the
natural tolerances to encroachment and development as follows:
|
Natural Feature With Environmental Constraint
|
Minimum Percentage of Feature to be Preserved
|
|---|---|
|
Floodplains
|
100%
|
|
Watercourses
|
100%
|
|
Wetlands
|
100%
|
|
Ponds
|
100%
|
|
Stream buffers
|
100%
|
|
Steep slopes (15% to 25%)
|
70%
|
|
Very steep slopes (over 25%)
|
80%
|
|
Woodlands
|
50%
|
B.
Where features overlap, the greater percentage shall be conserved.
The percentage of each feature is the extent that it shall not be
altered, regraded, filled or built upon. The land shall be permanently
restricted by easement from further development. The deed restrictions
shall be in a form acceptable to the Borough.
3.
Open space dedication criteria and standards.
A.
Lands shall be dedicated to the Borough according to the provisions of the Borough Zoning Ordinance, § 27-407, regarding minimum open space requirements.
(1)
In residential developments proposed to contain 20 or more dwelling
units, the applicant shall set aside one acre per 20 units or fraction
thereof for open space and recreational purposes.
B.
Should the amount of land required to be utilized for parks and/or
recreation purposes exceed the required land for dedication regarding
open space requirements, the lesser amount shall apply.
C.
Nothing herein shall be construed as limiting the ability of the
Borough Council, based upon the recommendation of the Borough Planning
Commission, to waive all or a portion of the open space set-aside
requirements.
4.
Location and criteria for dedicated open space. Lands to be dedicated
shall:
B.
Implement the findings of the regional comprehensive plan, as updated,
pursuant to the authorization by Section 302 of the Pennsylvania Municipalities
Planning Code, as amended.
C.
Preserve open space to protect the environmental, scenic, historical,
and cultural features of Phoenixville.
D.
Provide a balance of facilities which can meet the various recreational
needs of the residents, businesses, and industries.
E.
Support community development and stability by providing recreation
sites and open space.
F.
Provide equitable and convenient accessibility to recreation facilities.
G.
At the discretion of the Borough Council, provide for either active
or passive recreational or open space uses or a combination thereof
in accordance with furthering the objectives of the Borough Park and
Recreation Plan.
H.
Be properly delineated before occupancy permits are granted.
5.
Acceptance and use of park and recreation land.
A.
Any land dedicated to the Borough shall be used only for the purpose
of providing park and recreational facilities and for the preservation
of open space and shall be available for use by all residents of Phoenixville.
B.
When land is dedicated, acceptance by Phoenixville shall be by means
of a signed resolution to which a property description of the dedicated
area shall be attached. A fee-simple warranty deed conveying the property
shall be delivered to Phoenixville with title free and clear of all
liens, encumbrances and conditions, excepting public utility easements.
C.
Open space designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in the categories in Subsection 5C(1), (2), (3) and (4) below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All plans shall further designate the use of open space, the type of maintenance to be provided and a planting plan or schedule. In designating use and maintenance, the following classes may be used:
(1)
Lawn: a grass area with or without trees which may be used by
the residents for a variety of informal purposes and which shall be
mowed regularly to ensure a neat and orderly appearance.
(2)
Recreation area: an area designated for a specific recreational
use, including, but not limited to, tennis, swimming, shuffleboard,
playfield and tot lot. Such areas shall be maintained so as to avoid
creating a hazard or nuisance and shall perpetuate the proposed use.
(3)
Garden area.
(4)
Stormwater management. Surface stormwater detention or retention
basins may not be counted toward required open space.
(5)
Pocket park: a small area in an urban or village center setting
designated for use as open space. It may include lawn areas, decorative
plantings, seating areas, or walking paths.
(6)
Public plaza: an area in an urban or village center designated
as a meeting place for community residents. It may include gazebos,
information stands, seating areas, decorative plantings, fountains,
or other similar elements.
6.
Alternatives to the dedication of park and recreational land. Upon
agreement of both Phoenixville and the applicant, the applicant may
pursue the following alternatives:
A.
Fee in lieu. The applicant may pay a fee in lieu of dedication of park and recreational land. The amount of the fee shall be established by resolution of the Borough Council and modified from time to time, based upon the estimated market value of land meeting the standards of § 22-500, Subsection 3, for suitability for active recreation.
B.
Improvements to other recreation sites. The applicant may, through an agreement with Phoenixville, construct recreational facilities on existing or proposed parkland that is readily accessible to residents of the proposed development as defined in § 22-500, Subsection 5. The value of such improvements shall be comparable to the fee in lieu of dedication that would have otherwise applied, based upon the applicant's estimates, as reviewed by the Borough Engineer.
C.
Private preservation of land. The applicant may reserve land in the amount required under this chapter. Said land shall meet all the standards of § 22-500, Subsection 5, shall be available for use by Borough residents, and shall be managed and maintained in conformance with the Park and Recreation Plan, Zoning Ordinance and § 22-500, Subsection 8, referring to the maintenance requirements for private ownership of common elements.
D.
A combination of land dedication and/or alternative approaches listed
herein may be pursued, based upon an agreement between the applicant
and the Borough Council.
7.
Fee in Lieu of Open Space.
A.
For proposals requiring a provision of open space, an applicant may,
with the consent of the Borough Council, pay a fee to the Borough
in lieu of the open space provision.
B.
The amount of any fee in lieu of land for open space shall be equal
to the average fair market value of the land.
C.
Determination of the value of the land shall be the responsibility
of the applicant and shall result in a reasonable value acceptable
to the Borough Council.
D.
All funds collected in lieu of land shall be kept in a Borough open
space capital reserve fund, which shall be used only for the acquisition
of open space land or capital improvements for open space and park
and recreational purposes within the Borough at locations consistent
with the open space plans of the Borough.
8.
Open space ownership and perpetuation. Any of the methods cited under
this section may be used, either individually or in combination, to
own and perpetually preserve open space that is provided in fulfillment
of this Part. The final subdivision and/or land development plan shall
clearly indicate the manner in which open space will be owned and
administered. Following final plan approval, the open space required
shall not be transferred to another entity except for the transfer
to another method of ownership as outlined below. Written notice of
any proposed transfer of open space shall be given to Phoenixville
for approval no less than 30 days prior to such event.
A.
Phoenixville may, but is not required to, accept fee-simple dedication of open space in accordance with § 22-500, Subsection 6.
(1)
There shall be no cost of acquisition (other than costs indicated
to the transfer of ownership or the conveyance of easements, and title
insurance).
(2)
Phoenixville shall agree to maintain the open space.
(3)
The open space shall be in an acceptable condition to Phoenixville
at the time of dedication with regard to size, shape, location, and
that any improvements are certified as satisfactory by the Borough.
(4)
The developer shall have, at no expense to Phoenixville, prepared
the legal description, with metes and bounds, of the land being offered
for dedication and record the legal description at the County Recorder
of Deeds at no cost to the Borough.
(5)
Phoenixville shall accept the dedication by means of a signed
municipal resolution to which a property description, deed, and plan
of dedication area or areas shall be attached.
(6)
All dedications in fee simple shall be free and clear of any
liens or encumbrances.
(7)
An agreement citing all developer obligations serving as a condition
to plan approval shall be approved by the Borough and recorded with
the plan at the same time as the plan is approved.
B.
A public agency acceptable to Phoenixville may, but shall not be
required to, accept the fee-simple dedication of open space, provided
that the Borough approves a maintenance plan whereby the grantee agrees
to and has access to maintain the open space.
C.
Phoenixville or another public agency acceptable to the Borough may,
but shall not be required to, accept the dedication of less than fee
simple interests in any portion of the open space, title of which
shall remain in private ownership, provided that a maintenance agreement
satisfactory to the Borough is reached between the owner and the grantee.
D.
Open space may remain or be placed in the ownership of the individual
property owners and shall be restricted from further subdivision and/or
land development by deed restriction, provided that:
(1)
Phoenixville shall agree to the boundaries of the open space
that shall be held in private ownership.
(2)
Restrictions providing for the protection and continuance of
the open space which meet municipal specifications shall be placed
in the deed for each property that has the open space area within
its boundaries.
(3)
A maintenance agreement suitable to Phoenixville shall be established,
and the deeds to the properties that are located within the deed-restricted
open space areas shall clearly state that the maintenance responsibility
for the open space lies with the individual property owner.
E.
A private, nonprofit conservation organization, among whose purposes
is to conserve open space land and/or natural features, may, but shall
not be required to, accept the conveyance of fee-simple or less-than-fee-simple
interests in any portion of the open space, provided that:
(1)
Any private, nonprofit conservation organization intended to
be the grantee of a conveyance shall be acceptable to Phoenixville
as a bona fide conservation organization with perpetual existence.
(2)
Any conveyance shall contain appropriate provisions for proper
reverter or retransfer in the event that the grantee becomes unwilling
or unable to continue carrying out its function.
(3)
A maintenance agreement acceptable to Phoenixville shall be
established between the owner and the grantee.
G.
Open space may be held in common ownership by a homeowners' association.
In addition, the homeowners' association shall be governed according
to the following:
(1)
The owner or applicant shall provide to Phoenixville a description
of the organization, including its bylaws, and all documents governing
maintenance requirements and use restrictions for open space, and
the homeowners' association agreement shall be recorded.
(2)
The organization shall be established (with financial subsidization
by the subdivider or developer if necessary) before any lot in the
subdivision or building in the development is sold.
(3)
Membership in the organization and fees shall be mandatory for
all purchasers of property therein and their successors.
(4)
The organization shall be responsible for the maintenance of
an insurance on the open space.
(5)
The members of the organization shall share equitably the costs
of maintaining, insuring, and operating the open space.
(6)
The developer for any tract proposed to contain open space shall
arrange with the County Board of Assessment a method of assessment
of the common facilities which will allocate to each tax parcel in
the development a share of the total assessment for such open space.
Where this alternative is not utilized, the organization shall be
responsible for applicable real estate taxes on common facilities.
(7)
The organization shall have or hire adequate staff, as necessary,
to administer, maintain, and operate the open space.
(8)
The organization shall have the power to compel contributions
from property owners therein to cover their proportionate shares of
the initial cost and costs associated with the maintenance and upkeep
of the open space.
9.
Guaranties and agreements. Every application for land development,
whether preliminary or final, shall be accompanied by a form of agreement
or agreements to be approved by Phoenixville. The agreements shall
be properly recorded simultaneously with the recording of the final
plan and shall specify the following:
A.
The developer shall agree to lay out and construct all open space
areas in accordance with the final plan as approved, where any or
all of these improvements are required as conditions of approval,
and that the improvements shall be completed within the time or times
specified by Phoenixville.
B.
The developer, at the Borough's discretion, shall be required to
place in an escrow account, for a period of three years, an amount
of financial security to cover the costs of providing all open space
requirements established as conditions for final approval of the plan.
C.
Phoenixville is authorized to make random inspections of nondedicated
Borough open space as deemed necessary and appropriate to ensure that
the developer and any successors duly perform, abide by, and complete
any duties, obligations, or requirements as set forth in the final
plan and/or formal agreements.
D.
Phoenixville shall be granted the right to enforce the deed restrictions
regarding the use and maintenance of the open space if the organization
fails in its responsibilities. The amount of financial security necessary
to reimburse Phoenixville for its expense of performing remedial measures
shall be forfeited by the developer.
(1)
In the event that the entity charged with maintenance responsibilities,
or any successor thereto, fails to maintain all or any portion of
the open space in reasonable order and condition in accordance with
the development plan and all applicable laws, rules, and regulations,
Phoenixville may serve written notice upon such entity, upon the residents
and owners of the uses relating thereto, setting forth the manner
in which the entity has failed to maintain the open space in reasonable
condition.
(2)
Such notice shall set forth the nature of corrections required
and the time within which the corrections shall be made. Upon failure
to comply within the time specified, the organization, or any successor
organization, shall be considered in violation of its responsibilities,
in which case Phoenixville may enter the premises and take corrective
action.
(3)
The financial security funds in the applicant's escrow account,
if any, may be forfeited, and any permits may be revoked or suspended.
If the funds of the escrow account are insufficient to pay the costs
of remedial maintenance, the costs of corrective action by Phoenixville
shall be assessed ratably, in accordance with tax assessments, against
the properties that have the right of enjoyment of the common facilities
and shall become a lien on said properties. Phoenixville, at the time
of entering upon such common facilities for the purpose of maintenance,
shall file a notice of such lien in the office of the Prothonotary
of Chester County and upon the properties affected by such lien.
E.
All plans finally approved, whether or not recorded, shall be binding
upon the developer, his heirs, executors, administrators, successors
and assigns, and shall limit and control the use and operation of
all open space designated in such plans to the conditions appearing
in such plans and cited in any associated formal agreement for the
approval thereof.
[Ord. 2016-2267, 10/11/2016]
In designing areas for open space and recreation within the
land development plan, the following criteria and standards shall
be adhered to by the applicant. Areas so designated shall be:
1.
Open space criteria. Open space set aside in fulfillment of the requirements
of this Part shall be in accordance with the following standards and
principles:
A.
Consistent with the Borough's Comprehensive Plan.
B.
Suitable for active recreational uses to the extent deemed necessary
by the Council, without interfering with adjacent dwelling units,
parking, driveways and roads.
C.
Comprised of not more than sixty-percent environmentally sensitive
lands: floodplains, woodlands, slopes in excess of 15%, surface waters.
D.
Comprised of areas not less than 75 feet in width and not less than
15,000 square feet of contiguous area, except when part of a trail
system or pathway network.
E.
Interconnected with common open space areas on abutting parcels wherever
possible, including provisions for pedestrian pathways for general
public use to create linked pathway systems within the Borough.
F.
Provided with sufficient perimeter parking where necessary, and with
safe and convenient access by adjoining street frontage or other rights-of-way
or easements capable of accommodating pedestrian, bicycle and maintenance
and vehicular traffic, and containing appropriate access improvements.
G.
Undivided by public or private streets, except where necessary for
proper traffic circulation, and then only upon recommendation of the
Borough Engineer and Planning Commission.
H.
Free of all structures, except those related to outdoor recreational
use.
I.
Suitably landscaped either by retaining existing natural cover and
wooded areas and/or according to a landscaping plan for enhancing
open space areas through plantings which are consistent with the purposes
of this and which minimize maintenance costs.
J.
Made subject to such agreement with the Borough and such deed restrictions
duly recorded in the office of the County Recorder of Deeds as may
be required by the Council for the purpose of preserving the common
open space for such use.
2.
Consolidation of facilities. Applicants are required to provide the
numbers and types of facilities as required in this section, spaced
for convenient access by the residents. However, applicants are encouraged
to consolidate several facilities in fewer locations to better serve
the residents' needs in the following possible ways:
A.
By locating all required tennis or basketball courts in one area,
thereby restricting noise and light to one area and precluding the
need to search the neighborhood for a free court.
B.
By combining two twelve-thousand-square-foot playfields into one
twenty-thousand-square-foot area to permit larger fields for softball,
football, soccer, or other field sports, while maintaining the neighborhood
use character.
C.
By creating one or more park like facilities rather than several
sets of scattered facilities.
D.
Tot lots may be adjacent to other types of recreation facilities
but not to other tot lots, so that they may be dispersed throughout
the development and only require short walking distances from all
homes.
[Ord. 2016-2267, 10/11/2016]
Preservation of existing woodlands, mature trees, and unique
vegetation is required to maintain habitats, protect soil from erosion,
reduce energy costs, and enhance local aesthetics.
1.
Preservation of Existing Vegetation.
A.
Applicants shall submit a landscaping plan as part of the preliminary
plan submission for all subdivisions and land developments, except
for residential subdivisions of three lots or fewer. The landscaping
plan shall be prepared by a certified planting professional (landscape
architect, nurseryman, arborist, horticulturist, or urban forester).
The Borough Council may seek the advice of a certified planting professional
regarding compliance with the standards of this chapter.
B.
For residential subdivisions of no more than three lots, a formal
landscaping plan is not required, but the applicant's plans shall
be required to show compliance with the applicable planting requirements
herein.
C.
Preservation of Existing Vegetation.
(1)
All subdivisions and land developments shall be laid out in
such a manner as to minimize the removal of healthy trees and shrubs.
(2)
It shall be the responsibility of the applicant to demonstrate
that existing healthy vegetation removal is minimized by showing that
no alternative layouts are possible and that no alternative clearing
or grading plan would reduce the loss of mature trees, tree masses
and woodlands. If challenged by Phoenixville, the applicant shall
produce evidence, such as written documents or plans certified by
a registered landscape architect, showing that no alternative layouts
are possible and that no alternative clearing or grading plan would
reduce the loss of mature trees, tree masses, or woodlands.
(3)
Each freestanding mature tree, tree mass, or woodland on the
site shall be designated "To Remain" or "To Be Removed."
(a)
Trees over six inches in DBH[1] within a tract proposed for subdivision or land development
shall not be removed unless any of the following conditions exist:
Immediate danger to life or property, or affliction by disease which
threatens to injure of destroy other trees.
[1]
Editor's Note: Diameter at breast height.
(4)
Existing vegetation to remain shall be identified "To Remain"
on the landscape plan and the erosion and sediment control plan and
in the field prior to any clearing and shall be physically protected
during construction.
(a)
A temporary physical barrier such as a snow fence shall be shown
on the plan and erected a minimum of one foot outside the dripline
on all sides of individual trees, tree masses, and woodlands prior
to clearing and construction. The barrier shall be placed to prevent
disturbance to or compaction of soil inside the barrier and shall
remain until construction is complete. No construction materials or
equipment shall be stored within the tree protection zone.
(b)
It is recommended that trees to be preserved near portions of
a site proposed to be developed are pruned and fertilized prior to
the beginning of construction in order to ensure their health.
[Ord. 2016-2267, 10/11/2016]
1.
The presence of hydric soils may indicate the presence of wetlands.
When hydric soils are indicated on the site, a wetlands study should
be conducted in accordance with the Federal Manual for Identifying
and Delineating Wetlands. In the event no wetland study is undertaken,
the location of hydric soils on site will be assumed to be wetlands
for the purpose of this chapter and so noted on the plan.
2.
Wetlands, as defined by the United States Army Corps of Engineers
and the Commonwealth of Pennsylvania in accordance with Section 404
of the Federal Clean Water Act of 1977 and Chapter 105 of the Pennsylvania
Clean Streams Act Amendments of 1978, shall be preserved in subdivisions
and land developments. Required permits shall be obtained at an early
stage to determine the extent and location in the proposed subdivision
and/or land development.
3.
A twenty-five-foot setback shall be maintained around the perimeter
of all wetlands. This area will be known as the "wetland buffer."
No removal of vegetation, except the optional removal of dead trees
or periodic mowing of existing lawns or fields, shall take place within
this buffer area without the specific permission of Phoenixville.
[Ord. 2016-2267, 10/11/2016]
1.
Whenever a pond, watercourse, stream, or intermittent stream, as
identified in the Soil Surveys of Chester County, is located within
a development site, it shall remain open in its natural state and
location and shall not be piped.
2.
Refer to the Zoning Ordinance for riparian buffer boundary requirements.
The area contained within the boundary of the riparian buffer will
be known as the "riparian corridor." No removal of vegetation, except
for removal of dead trees and shrubs or periodic mowing of existing
lawns or fields, shall take place within the riparian corridor without
the specific permission of Phoenixville.
3.
No stormwater detention basins shall be allowed within the riparian
corridor.
4.
Within any riparian corridor, no construction, development, use,
activity, or encroachment shall be permitted unless a corridor management
plan is submitted and approved by the Borough Council and the effects
of such development are mitigated by the implementation of the corridor
management plan. The corridor management plan shall meet the following
requirements:
A.
Plan Contents. The corridor management plan shall contain the following
information:
(1)
Existing conditions, including the corridor boundaries, steep
slopes, swales, wetlands, streams, ponds, floodplains, woodlands,
other vegetation, and existing structures. A written description of
unusual or significant conditions should also be included.
(2)
Management goals for the entire tract, and long-range goals
for the riparian corridor.
(3)
Proposed activities, including a plan, drawn to scale, that
shows all proposed activities within and adjacent to the corridor.
The plan shall differentiate areas that will be disturbed from those
that will be protected and preserved.
(4)
Proposed management, including an explanation of how the goals
will be met given the proposed activities. The plan shall specify
when the construction, planting, or other activities are to begin
and end and shall address long- and short-term maintenance, mitigation,
and improvement activities necessary for preservation of the corridor,
including application of herbicides, removal of invasive plants, spacing
and types of newly planted trees and shrubs, mowing schedules, and
other related functions.
B.
Management, Mitigation, and Restoration Measures. The proposed management
plan shall comply with the following management, mitigation, and restoration
measures:
(1)
Existing woody and other vegetation should be preserved to the
greatest extent possible.
(2)
Fallen branches and other organic material should be allowed
to remain where they have fallen, provided that they do not create
a hazard.
(3)
Stream crossings should be done at a ninety-degree angle to
the stream.
(4)
Stream banks should be stabilized in accordance with the PADEP,
Streambank Stabilization and Management Guide for Pennsylvania Landowners.
(5)
Degraded landscapes should be restored or converted to a more-effective
landscape for maintaining water resources.
C.
Mitigation Measures. Disturbance of vegetation within the riparian
corridor shall be mitigated by at least one of the following measures,
with a total amount of mitigated area, measured horizontally, that
is, equal to or greater than the total amount of disturbed area, measured
horizontally:
(1)
Increasing the Width of the Corridor. The width of the riparian
corridor, measured from the defined edge of a watercourse, is increased
to at least 75 feet.
(2)
Converting to a More-Effective Landscape. The existing landscape
is converted to a more-effective landscape. The following landscapes
are listed in order of effectiveness, from most effective to least
effective: woodland, meadow, shrub, old-field, lawn.
(3)
Increasing the Effectiveness of the Corridor. In existing degraded
wooded areas or proposed new wooded areas, the riparian corridor is
planted with three distinct layers of vegetation: canopy trees, shrubs
that provide an understory, and herbaceous plants that serve as ground
cover. All three layers shall be planted at a density sufficient to
create a fully functioning, naturalized riparian corridor.
D.
Restoration and Conversion of Landscapes.
(1)
Landscapes shall be restored by removing invasive vines, removing
invasive trees, cleaning out trash, correcting soil erosion problems,
planting appropriate plants, and properly maintaining all new plantings.
(2)
Landscapes shall be converted to a more-effective landscape
by removing existing, incompatible vegetation, planting plants that
are appropriate for the proposed landscape type and the site, and
maintaining and protecting the plantings from invasive plants, deer,
and other long-term problems.
5.
Vegetation Selection. To function properly, vegetation in the corridor
management plan shall be selected from the Tree Advisory Committee.
Plants not included on the list may be permitted by the Borough Council
when satisfactory evidence is provided from qualified sources certifying
their suitability. Phoenixville may require species suitability to
be verified by qualified experts in the Chester County Conservation
District, Conservation District, Natural Resources Conservation Service,
Pennsylvania Fish and Boat Commission, the United States Fish and
Wildlife Service, or state and federal forest agencies.
A.
Existing tree cover should be surveyed and inventoried to assess
the need for any new plantings. Existing species included on the Pennsylvania
Noxious Weed Control List should be removed where conditions warrant.
B.
Adjacent to the watercourse, dominant vegetation shall be composed
of a variety of native riparian tree and shrub species and appropriate
plantings necessary for stream bank stabilization.
C.
Away from the watercourse, dominant vegetation shall be composed
of riparian trees and shrubs, with an emphasis on native species and
appropriate plantings necessary to stabilize the soil.
D.
Disturbed areas shall be revegetated with riparian corridor plants,
in compliance with an approved corridor management plan.
(1)
Canopy tree and shrub plantings shall be located along the stream
bank to provide shade for the stream, soil erosion control and stormwater
benefits, according to accepted stream bank restoration practices.
(2)
New canopy trees shall be planted at a minimum rate of 15 feet
on center or one tree per 225 square feet in staggered naturalized
rows or an equivalent informal arrangement within the area within
25 feet of the top of each bank of the stream. One new shrub or understory
tree shall be planted for every four new trees required for riparian
corridor revegetation.
(3)
New trees shall be a variety of sizes ranging from a minimum
four- to five-foot branched whip to an approximate one-and-one-half-inch-caliper
planting stock.
E.
Areas that cannot be revegetated shall be restored using management
practices accepted by experts qualified in riparian corridor management.
[Ord. 2016-2267, 10/11/2016]
1.
The top six inches of soil that existed naturally on the site prior
to land development shall be stockpiled on the site.
2.
Following construction, the stockpiled soil shall be redistributed
uniformly on the site to a minimum depth of six inches.
3.
All disturbed areas, excluding the stockpile soil, of the site shall
be stabilized and protected against erosion in compliance with the
Pennsylvania Erosion and Sediment Pollution Control Program Manual.
4.
Any topsoil in excess of the six inches' depth that existed prior
to subdivision or land development may be stockpiled separately for
other uses by the applicant. Topsoil may be removed from the site
only upon issuance of a permit by the Municipal Council to ensure
that sufficient topsoil will remain on the site and in the municipality.
Soil shall not be removed from the municipality.
5.
Grading. All permanent and temporary cutting, filling, grading, regrading,
and/or other forms of earthmoving activities shall be known as "grading"
and shall be conducted only in compliance with the standards as described
below.
A.
The finished grading for a street or cul-de-sac shall extend across
all disturbed soils, including the street and beyond. The maximum
slope between the right-of-way line and the top of the curb, or edge
of the cartway if there is no curb, shall be one inch per foot, except
that sidewalk paving shall slope 1/4 inch per foot as a maximum, unless
otherwise directed by the Borough Council.
B.
All grading shall be set back from property lines at least three
feet, or a sufficient distance, to prevent any adverse effects on
adjacent properties.
C.
No permanent excavation shall be made with a cut face steeper in
slope than three horizontal to one vertical.
D.
There shall be a flattening area for a minimum distance of 10 feet
from any door of a residential dwelling unit to the bottom or top
of any steep slope. The maximum slope for grading around residential
dwelling units shall be 3:1. Where the steep slope extends more than
12 feet in elevation from top to bottom, there shall be a break consisting
of a level area placed at midpoint in the slope no less than six feet
wide.
E.
Wherever grading will increase the volume or velocity of stormwater
flow toward a property line, the applicant shall install and maintain
drainage facilities sufficient to prevent adverse effects on the adjoining
property. The construction and operation of these drainage facilities
shall not cause any adverse effects on abutting properties.
F.
Along property lines, where grading creates an abrupt drop off from
the abutting property, in contrast to a previously existing gradual
change, the applicant shall be required to install a fence or other
suitable protective barrier.
G.
Retaining walls over four feet high in a residential area may be
required to have such safety features as the Planning Commission and/or
Council deem necessary, required by the UCC.
H.
A permit shall be required for grading operations. Permits shall
be issued by Phoenixville upon recommendation of the Borough Engineer
for each tract, lot, parcel, or site which comprises a separate operation,
unrelated to or not contiguous with nearby grading proposed or performed
by the applicant. A permit shall not be required in the following
situations, however:
(1)
For an excavation that does not exceed 20 cubic yards of total
material removed.
(2)
For a fill that does not exceed 20 cubic yards of material deposited.
(3)
For an excavation below finished grade for basements and footings
for a single-family detached or two-family dwelling, swimming pool,
or underground structure authorized by building permits, excavation
for a driveway for a single-family detached or two-family dwelling,
or the regrading of such excavated materials into the site from which
they were excavated.
[Ord. 2016-2267, 10/11/2016]
1.
No grading, excavating, removal or other movement of the topsoil
and no removal or destruction of trees or other vegetative cover of
the land shall be commenced until such time that a plan for minimizing
erosion and sedimentation has been reviewed and approved by the Borough.
2.
No subdivision or land development plan shall be approved unless
there has been a plan approved by the Borough Council that provides
for minimizing erosion and sedimentation consistent with this section
and Pennsylvania DEP Chapter 102 Rules and Regulations,[1] and an improvement bond, cash or other acceptable securities
are deposited with the Borough in the form of an escrow guarantee
which will ensure installation and completion of the required improvements
or there has been a determination by the Borough Council that a plan
for minimizing erosion and sedimentation is unnecessary.
[1]
Editor's Note: See 25 Pa. Code Chapter 102.
3.
Measures used to control erosion and reduce sedimentation shall,
as a minimum, meet the standards and specifications of the USDA Soil
Conservation Service[2] as adapted for use by the Chester County Soil and Water
Conservation District and the guidelines under Chapter 102 of the
Pennsylvania Department of Environmental Protection. The Borough Engineer,
or other officials as designated, shall ensure compliance with the
appropriate specifications, copies of which are available from the
district or Borough Municipal Building.
[2]
Editor's Note: Now the Natural Resources Conservation Service.
4.
The following measures are effective stormwater management strategies
toward minimizing erosion and sedimentation and may be included as
applicable in the conservation plan:
A.
Vegetative Cover.
(1)
For that area of land which must be cleared of trees and other
vegetation to allow construction of building and other improvements,
the limits of clearing shall include only:
(a)
Dedicated streets and public service or utility easements.
(b)
Building roof coverage area plus 15 feet on all sides for construction
activity.
(c)
Driveways, alleyways, walkways and ancillary structures such
as patios.
(d)
Parking lots, except that the area subtracted for parking space
shall not include any trees which are unique by reason of size, age
or some other outstanding quality, such as rarity or status as a landmark
or species specimen.
(e)
Other land area reasonably necessary to construction of the
proposed buildings and other improvements.
(2)
Development plans shall preserve salient natural features, keep
cut-and-fill operations to a minimum, and ensure conformity with topography
so as to create the least erosion potential and adequately handle
surface water runoff.
(3)
Wherever feasible, natural vegetation shall be retained, protected
and supplemented.
(4)
The disturbed area and the duration of exposure shall be kept
to a practical minimum.
(5)
Disturbed soils shall be stabilized as quickly as practicable.
(6)
Temporary vegetation and/or mulching shall be used to protect
exposed critical areas during development. Stockpiled topsoil shall
be seeded and silt fences provided where required.
(7)
The permanent (final) vegetation and structural erosion control
and drainage measures shall be installed as soon as practicable in
the development.
B.
Cut-and-Fill Regulations.
(1)
Cut-and-fill slopes shall not be steeper than 50% unless authorized
by the Planning Commission and stabilized by a retaining wall, cribbing
or other means acceptable to the Borough. Slopes of finished grades
shall not be less than 1.5%.
(2)
Adequate provisions shall be made to prevent surface water from
damaging the cut face of excavations or the sloping surface of fills.
(3)
No cut-and-fill shall endanger adjoining property.
(4)
Fill shall be placed and compacted so as to minimize sliding,
slumping and erosion of the soil.
(5)
Fills shall not encroach upon or be placed adjacent to natural
watercourses or constructed channels without first obtaining all regulatory
permits.
C.
Grading and Excavation Regulations.
(1)
Grading shall not result in the diversion of water onto the
property of another landowner without the express consent of that
landowner and the Planning Commission.
(2)
During grading and excavation operations, necessary measures
for dust control will be exercised.
(3)
Grading and construction equipment will not be allowed to cross
live streams. Provisions will be made for the installation of culverts
or bridges.
D.
Precautions at Steep Slopes.
(1)
Where steep slopes are 45° [1:1 slope] or greater, and the
difference in elevation between the top and bottom of the slope is
eight feet or greater, the developer shall provide such safety devices
where, in the opinion of the Planning Commission and/or Borough Council,
the said slope is deemed to provide a safety hazard to the general
public.
(2)
No slope in excess of 25% shall be built on without a conditional
use approved by Borough Council and shall be granted only on the following
conditions:
(a)
A conditional use can only be granted if development is otherwise
unfeasible.
(b)
The building located on the steep slope must be designed to
accommodate the slope without requiring extensive grading.
(c)
The existing vegetation on the steep slope is to be retained
to the greatest extent possible.
(d)
Access drives will not be permitted in steep slope areas if
an alternative location is available at the determination of the Borough
Engineer.
5.
Responsibilities.
A.
Whenever sedimentation is caused by stripping vegetation, regrading
or other development, it shall be the responsibility of the person,
corporation or other entity causing such sedimentation to remove it
from all adjoining surfaces, drainage systems and watercourses and
to repair any damage at his expense as quickly as possible.
B.
Maintenance of all drainage facilities and watercourses within any
subdivision or land development is the responsibility of the developer
until such facilities and watercourses become the responsibility of
a community association or are accepted by the Borough or some other
official agency, after which they become the responsibility of the
accepting entity.
C.
It is the responsibility of any person, corporation or other entity
doing any act on or across from a communal stream, watercourse or
swale, or upon the floodplain or right-of-way thereof, to maintain
as nearly as possible in its present state the stream, watercourse,
swale, floodplain or right-of-way during the pendency of the activity
and to return it to its original or equal condition after such activity
is completed.
D.
Maintenance of drainage facilities or watercourses originating and
completely on private property is the responsibility of the owner
to its point of open discharge at the property line or at a communal
watercourse within the property.
E.
No person, corporation or other entity shall impede the flow of,
alter, construct a structure within, deposit any material or thing
within or commit any act which will affect normal or flood flow of
any communal stream or watercourse without having obtained prior approval
from the Borough and other regulatory agencies.
F.
Where a subdivision is traversed by a watercourse, there shall be
provided a drainage easement or right-of-way conforming substantially
with the line of such watercourse and of such width as will be adequate
to preserve natural drainage.
[Ord. 2016-2267, 10/11/2016]
Historic features and other points of interest shall be preserved
and may be credited toward open space requirements under the following
conditions:
1.
The feature being preserved shall be listed upon a Borough, county,
state and/or national roster or inventory of features, monuments or
places of historic or general interest, or the applicant shall by
some other means demonstrate to the satisfaction of the Borough Council
that the said feature is of sufficient public interest to warrant
preservation. Features may include, but shall not necessarily be limited
to, historically, culturally or architecturally significant buildings,
monuments or sites; unique or historic landscape elements; archaeologic
sites; and any other feature which shall be deemed by the Borough
Council to be of historic or cultural value to the Borough.
2.
The feature shall be situated upon a tract of land of sufficient
size to preserve an impression, although not necessarily the exact
condition, of the environs of the said feature prior to construction
of the proposed development. The amount of credit toward open space
requirements shall be equivalent to the size of this tract.
3.
The feature shall not be moved.
4.
The developer may be required to provide interpretive signage explaining
the significance of the feature.
5.
The feature and the tract upon which it is located shall be maintained
by the owner of the tract, a community association, a public agency
or a private conservation group which shall be responsible for the
maintenance of the feature and its grounds.
6.
The developer shall be responsible for improvements to the site deemed
necessary by the Borough Council to protect public safety.
[Ord. 2016-2267, 10/11/2016]
Developers of land within the Borough of Phoenixville are encouraged
to promote and apply sustainable construction techniques and building
features. The following references are to be considered when undertaking
building design:
1.
International Code Council's 2012 International Green Construction
Code (IgCC).
2.
ANSI/ASHRAE/USGBC/IES Standard 189.1-2011, Standard for the Design
of High-Performance Green Buildings Except Low-Rise Residential Buildings
(ASHRAE 189.1).
3.
ICC 700-2012, 2012 National Green Building Standard (ICC 700).
4.
U.S. Green Building Council's Leadership in Energy and Environmental
Design (LEED).
5.
Delaware Valley Regional Planning Commission's Municipal Implementation
Tool No. 17, Planning and Zoning for Green Buildings, May 2009.
