The following principles of subdivision and land development, general requirements and minimum standards of design, shall be observed by the applicant in all instances. Other design requirements as established in the Zoning Ordinance or other Lansdale Borough ordinances shall be in addition to the following:
A. 
All portions of a tract being subdivided shall be designated as to their use, such as lots, streets, parking areas, open space, public lands, or other proposed uses so that remnants and landlocked areas shall not be created.
B. 
Applicants shall preserve natural amenities such as trees and watercourses, as well as scenic areas, historic sites and other community assets and landmarks. The applicant shall refer to the Lansdale Borough Open Space Plan, the Lansdale Borough Comprehensive Plan, and the Montgomery County Comprehensive Plan to help identify features worthy of preservation.
C. 
Plans shall be designed to avoid excessive disturbance of vegetation and movement of earth, unless specifically warranted by terrain or location.
D. 
Floodplain land areas, should they exist, shall be governed by additional standards contained in this code.
E. 
The applicant shall construct, install and guarantee, at no expense to the Borough of Lansdale or its authorities, all improvements required as part of plan approval, including, but not limited to, streets, curbs, sidewalks, water and sewage facilities, stormwater management facilities, street lights, fire hydrants, street signs, shade trees, monuments, lot pins, and other facilities and utilities specified in this chapter. Construction and installation of such facilities and utilities shall be subject to inspection by the appropriate Borough authority and North Penn Water Authority officials during the progress of the work, and the applicant shall pay for all inspections.
F. 
Where the North Penn Water Authority determines that no public water supply is available to the subdivision or land development, the Borough Council shall require the applicant to obtain from the Montgomery County Health Department certificates of approval as to the quality and adequacy of the water supply proposed to be utilized by the applicant and approval of the type and construction methods to be employed in the installation of the individual water supply system. Construction and installation shall be performed in accordance with all applicable state or local regulations.
G. 
Stormwater management systems shall be constructed and installed in accordance with the requirements set forth in § 347-422, Stormwater management and drainage, of this chapter.
H. 
The applicant shall observe the ultimate rights-of-way for contiguous existing streets as set forth herein. Additional portions of the corridors for such streets shall be offered to the government agency having jurisdiction at the time the subdivision or land development is consummated. Applicable building setback lines, as defined by the Borough Zoning Ordinance of current adoption, shall be delineated as measured from the ultimate right-of-way lines.
I. 
The proposed subdivision and land development shall be coordinated with the existing nearby neighborhoods as well as with abutting tracts where future development is possible so that the community as a whole may develop harmoniously.
J. 
Improvement construction requirements shall be completed in accordance with specifications of the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District or other appropriate agencies or the specifications provided herein and whichever specifications are most stringent shall take precedence over any less restrictive law, ordinance or regulation.
K. 
The standards contained within this chapter are the minimum standards and requirements for the protection of the health, safety, and welfare of the residents of the Borough of Lansdale and are to be used in all subdivisions and land developments. In addition, the Borough Council reserves the right to require standards in excess of the minimum requirements if warranted to protect the health, safety, and general welfare of the community.
L. 
The applicant shall offer for dedication to the appropriate jurisdiction any and all rights-of-way, easements, land, facilities, or other improvements. Borough Council reserves the right to accept of refuse offers of dedication to the Borough for public uses.
M. 
Exemptions. The following is exempt from the provisions of this chapter: land development with no new buildings, building additions, accessory buildings, and less than 1,000 square feet of land disturbance.
A. 
Comprehensive plans. Proposals for land development or subdivision shall be generally consistent with the latest Lansdale Borough Comprehensive Plan, especially as to the use of land, intensity of development, transportation, community facilities and resource protection. Residential development should also be consistent with the housing objectives of the plan. The latest revision of the Comprehensive Plan may be available on the Borough website.
B. 
State, regional, county and municipal plans. Proposals shall be generally consistent with appropriate state, regional, county, and any other municipally adopted plans, as last revised, including, but not limited to, the Borough's latest Open Space Plan and latest Revitalization Plan. Where regional facilities are proposed in the plan, including but not limited to highways, rail lines, rail stations, and transportation centers, effort shall be made to preserve needed rights-of-way in the proposed land development or subdivision for future infrastructure projects.
C. 
Public service improvements. Proposals shall be consistent with the location and timing of public service improvements, such as water and sewage facilities in accordance with the appropriate infrastructure plans governing those facilities. In addition, the location of public service facilities as outlined in a capital improvement plan or official map shall be considered in locating and planning development.
Proposed land developments and subdivisions shall address the opportunities and limitations present on a site and its adjacent surroundings. Site opportunities shall be maximized to enhance the overall quality of the development and steps shall be taken to lessen potential negative impacts upon a site and the surrounding properties. The impacts of the proposed development on the natural environment and surrounding land uses shall be given a high priority and made an integral part of the overall design for the land development and subdivision. The following site organization guidelines shall be used:
A. 
Site improvement layout. Building placement should be functionally compatible with the site's topography, existing vegetation, and surrounding land uses, taking into account energy conservation, solar access, and pertinent natural features, as described below in § 347-402A(2), Existing natural features.
B. 
Existing natural features. Existing natural features should be recognized and integrated into the site layout. Existing natural features, including, but not limited to, streams, hillsides, wetlands, unique habitat, woods and similar natural resources, shall be incorporated into the overall site plan to strengthen the unique quality of the land.
C. 
Open space. The placement of open space should be a fundamental part of the development design. Open space offers recreation, protects important natural systems, can provide community gathering space, and effectively buffers different land uses.
D. 
Circulation. Movement within a site and access to the site should consider the safety and convenience of various types of users, not just vehicles. Cross access by various types of users between properties and joint access are encouraged to improve circulation.
E. 
Relationship to surrounding uses. The proposed design should complement positive surrounding uses through building setbacks, buffers, and separation of uses. Various potential negative impacts upon surrounding land uses, including but not limited to noise, light, and loss of privacy, should be mitigated.
F. 
Health hazards. The configuration of a subdivision or land development should reduce potential health hazards to the future users of the subdivision or land development and to the community as a whole.
Blocks shall be designed to provide efficient, convenient, and safe pedestrian and vehicular circulation. When a new block or a revised street is proposed, the characteristics of blocks should be determined by the following parameters:
A. 
Perimeter. The block perimeter in the downtown, mixed use, and TOD areas (shown in Figure 4.1: Area Where Smaller Blocks are Appropriate bounded by the thickest solid line) shall be less than 1,400 feet. In the residential areas (in Figure 4.1, all areas outside the thickest solid line) blocks shall be less than 2,400 feet. Block perimeter is measured along the ultimate right-of way lines. Parks, industrial areas, schools, shopping centers, and other large uses may constitute blocks with longer perimeters; however, public pedestrianways shall be considered that will provide access equivalent to the perimeters above. Borough Council may require bridges or other crossings for watercourses, railways, or other similar barriers in order to achieve the required perimeter.
Figure 4.1: Area Where Smaller Blocks are Appropriate
347 Figure 4-1.tif
B. 
Size. Blocks shall be of such size as to provide two tiers of lots of at least the minimum size permitted under the applicable zoning classification.
C. 
Street and alley pattern. Blocks shall be designed to continue the Borough's existing street and alley pattern and provide efficient, convenient, and safe pedestrian and vehicular circulation.
D. 
Double frontage lots shall not be allowed where the rears of any building or use are to face any thoroughfare or residential street.
E. 
Natural features. Blocks shall be designed to reflect natural features that may constrain subdivision and land development. Unless a watercourse is located internal to the block, drainage should be away from the interior of the block toward the abutting streets.
F. 
Walkways. Where necessary for safe, convenient and direct pedestrian access to commercial, institutional, or open space/recreation areas as determined by the Borough of Lansdale, walkways shall be included in the design for the block area. The walkways shall extend from one street to the next within either an easement granted to the Borough or a public right-of-way at least 10 feet in width.
A. 
Lot size. All lots shall be no smaller than the minimum lot area requirements of the applicable zoning classification and be generally sufficient in size and shape to adequately accommodate the development or use proposed for it. Lots that contain natural restrictions, including but not limited to, wetlands, water bodies, steep slopes, or other similar features shall be large enough to provide suitable area for the intended use of the lot without requiring encroachment upon natural amenities. Lots with existing or planned public improvements, such as fuel pipe lines, underground utilities, stormwater detention basins, high voltage power lines, or other similar facilities, shall be of adequate size to allow sufficient room for the intended use of the lot without requiring encroachment on the public facilities or easements for the installation, maintenance, repair and replacement of such facilities and improvements.
B. 
Lot shape. Every lot shall contain a building envelope that complies with the requirements of the applicable zoning classification in the Zoning Ordinance and is suitable for the type(s) of development proposed.
C. 
Corner lots. Corner lots shall meet lot frontage requirements on two streets. The owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line.
D. 
Rear or flag lots. Rear or flag lots shall not be permitted.
E. 
Reverse frontage lots. Reverse frontage lots shall not be permitted.
F. 
Lot lines. Lot lines shall be drawn parallel, concentric, at right angles, or radial to the street right-of-way, unless not feasible or undesirable due to existing permanent, natural or man-made features. Where possible, lot lines shall coincide with abutting lot lines and lot lines across streets.
G. 
Lot lines shall follow municipal and county boundaries rather than cross them.
H. 
Building lines. Building lines for all lots shall be in conformance with the minimum front, side and rear yard setback line requirements of the applicable zoning district.
I. 
Lot numbers. For the purpose of development, each subdivision may have an overall system of lot numbers, the number one being assigned to a lot in the first section to be developed. (Such system of lot numbers shall not be confused with the regular house or building numbering system based on a Borough-wide plan).
J. 
Building numbers. House or building numbers shall be assigned by the Borough based on an overall street plan. Numbers will be assigned in such a way as to allow for vacant parcels and future development.
A. 
Whenever practicable, provision shall be made for open space suitable for parks, playgrounds, trails, and recreational areas. In commercial areas, provision shall be made for open space suitable for walkways to connect parking facilities to commercial structures, malls, sitting areas, and other similar uses. For such open space, due consideration shall be given to the preservation of natural features, including large trees, groves, scenic points, historic resources, and other community assets. Perennial watercourses and ponds shall be preserved and maintained for a distance of 15 feet from the edge of the banks.
B. 
The Borough Council shall determine the need for additional community facilities to serve the proposed subdivision or land development, and shall determine which, if any, community facility or facilities shall be provided. Examples of such facilities include but are not limited to illuminated crosswalks, tot lots, a gazebo, a portion of the Liberty Bell Trail, a pedestrian path to a recreation facility, or an electrical facility or access thereto. Where identified in a Borough, county, or state trail or open space plan, a trail shall be the preferred amenity.
C. 
Where identified in a duly adopted Borough Comprehensive Plan, Borough Revitalization Plan, or Borough Official Map, or if otherwise deemed necessary or desirable by the Borough Council upon consideration of the particular type of development proposed, and especially in large-scale residential developments, the Borough Council may require the dedication or reservation of such areas or sites of an extent and location, as determined by Borough Council, as is suitable to service the needs created by the development for parks, schools, roads, emergency services, and other facilities to serve the community.
D. 
Areas dedicated or reserved for such open space or community facilities shall be adequate to provide for building sites, related activity areas, landscaping and off-street parking as appropriate to the use proposed.
A. 
Open space criteria. Open space preserved in fulfillment of the requirements of this article shall be in accordance with the following standards and principles:
(1) 
Goals and existing plans. Open space shall be consistent with the plans and proposals outlined in the Lansdale Borough Comprehensive Plan. The Borough Council shall review the consistency of the proposed open space with the recommendations of the Lansdale Planning Commission and the Open Space or Revitalization Committees (if active).
(2) 
Interconnections. Open space shall be connected by sidewalk, crosswalk, and/or trails to all buildings on-site and to the public sidewalk along the street. Open space shall connect to permanently preserved land on abutting property, if possible, including provisions for accessways for general public use to permit residents safe and easy access to open space.
(3) 
Contiguous. Open space areas shall be contiguous, except that two or more separate open space parcels may be connected by other legal public access means. Land separated from the open space by physical barriers such as hedges or fences, or otherwise designated as a private yard area, shall not be counted as open space.
(4) 
Access. Open space shall have frontage on a public or private road or easement of suitable grade to allow for access to the open space by maintenance and equipment transport vehicles.
(5) 
Utility corridors. Open space may include land within utility corridors only if the utility companies having legal rights to these corridors do not prohibit their use for such purposes.
(6) 
Open space shall have the physical characteristics capable of serving the purposes intended for such areas, including recreational use. Borough Council may require a larger size, but at a minimum, the following size open space area shall be provided:
(a) 
The total open space area must be equal to at least 2.5% of proposed gross floor space.
(b) 
A village green, lawn, recreation area, or park shall be at least 20,000 square feet in size, must be able to fit a circle with a radius of at least 125 feet in it; and be surrounded along at least 45% of its perimeter by roads or driveways.
(c) 
A plaza shall have a minimum size of 2,500 square feet, shall be surrounded by streets or building facades on all sides, shall be comprised of landscaping covering between 25% and 80% of the plaza, and shall be improved by an architectural feature of amenity approved by Borough Council that helps identify the area as a central gathering space.
(d) 
Open space comprising the verge area may not be counted towards meeting the open space requirement.
(7) 
Open space shall be visible from dwelling units and roadways.
(8) 
Open space shall protect environmentally sensitive and/or aesthetic features and be landscaped to provide sufficient screening or buffer areas to minimize any negative impacts from or upon adjacent development. Stormwater management facilities shall not be counted as open space except for the area of basins if they are constructed and maintained as naturalized basins.
B. 
Conservation of natural resources in open space.
(1) 
Environmentally sensitive features should be conserved based on the natural tolerances to encroachment and development as follows:
Natural Feature
Minimum % to Be Preserved
Floodplains and watercourses
100%
Wetlands
100%
Ponds
100%
Steep slopes (15-25%)
70%
Very steep slopes (25%)
80%
Woodlands
50%
(2) 
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 an easement and maintenance agreement in form and substance acceptable to Borough Council and the Borough Solicitor preventing further development. The deed restrictions shall be included in the deed to the property and shall be in a form acceptable to Borough Council and the Borough Solicitor.
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 Subsection C(1) through (8) 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) 
Natural area. Land which is left predominately in a natural condition and managed to protect significant natural resources in accordance with a natural areas management plan.
(2) 
Farmland. Land which will be used to grow agricultural crops or for the pasturing of farm animals maintained in accordance with the Soil and Water Conservation Plan as approved by the Montgomery County Conservation District.
(3) 
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 insure a neat and orderly appearance.
(4) 
Recreation area. An area designated for specific recreational uses including, but not limited to, tennis, athletic fields and tot lots. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.
(5) 
Garden area. An area designated for community vegetable plots.
(6) 
Stormwater management. Stormwater best management structures may not be counted toward required open space unless they are vegetated and their use complements the surrounding open space.
(7) 
Park. A small area designated for use for a variety of outdoor activities. It may include lawn areas, decorative plantings, seating areas, and/or walking paths.
(8) 
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 features.
D. 
Open space ownership and perpetuation. Any of the methods cited under this section may be used individually or in combination, to own and perpetually preserve open space that is provided in fulfillment of this article and the Borough Zoning Ordinance. 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 ownership shall be established as outlined below. Written notice of any proposed transfer of open space shall be given to the Borough for approval no less than 30 days prior to such event.
(1) 
The Borough may, but is not required to, accept fee simple dedication of recreation land portions of open space in accordance with § 347-407, Recreation land dedication criteria and standards.
(a) 
There shall be no cost of acquisition (other than costs transfer costs agreed upon by the Borough.
(b) 
The Borough shall agree to maintain the open space.
(c) 
The open space shall be in an acceptable condition to the Borough at the time of dedication with regard to size, shape, location, and that any improvements are certified as satisfactory by the Borough Engineer.
(d) 
The applicant shall prepare, at no expense to the Borough, the legal description, with metes and bounds, of the land being offered for dedication.
(e) 
The Borough shall accept the dedication by means of a signed Borough resolution to which a property description, deed, and plan of dedication area or areas shall be attached.
(f) 
All dedications in fee simple shall be free and clear of any liens or encumbrances.
(g) 
An agreement citing all applicant 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.
(2) 
A public agency acceptable to the Borough including county, state, or federal government or another municipality 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.
(3) 
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:
(a) 
The Borough shall agree to the boundaries of the open space that shall be held in private ownership.
(b) 
Restrictions providing for the protection and continuance of the open space which meet Borough specifications shall be placed in the deed for each property that has the open space area within its boundaries.
(c) 
A maintenance agreement suitable to the Borough 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.
(4) 
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:
(a) 
Any private, non-profit conservation organization intended to be the grantee of a conveyance shall be acceptable to the municipality as a bona fide conservation organization with perpetual existence.
(b) 
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.
(c) 
A maintenance agreement acceptable to the Borough shall be established between the owner and the conservation organization.
(5) 
Open space may be controlled with condominium agreements that shall be approved by the Borough and be in conformance with the Pennsylvania Uniform Condominium Act[1] or Uniform Planned Community Act.[2] All open space land and facilities shall be held as a common element.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
(6) 
Open space may be held in common ownership by a homeowners association. In addition, the homeowners association shall be governed according to the following:
(a) 
The owner or applicant shall provide to the Borough a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for open space. The homeowners' association agreement shall be recorded.
(b) 
The organization shall be established (with financial support by the applicant if necessary) before any lot in the subdivision or building in the development is sold.
(c) 
Membership in the organization and fees shall be mandatory for all purchasers of property therein and their successors.
(d) 
The organization shall be responsible for the maintenance of suitable insurance on the open space.
(e) 
The members of the organization shall share equitably in the costs of maintaining, insuring, and operating the open space.
(f) 
The applicant proposing any plan containing 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.
(g) 
The organization shall have or hire adequate staff, as necessary, to administer, maintain, and operate the open space.
(h) 
The organization shall have the power to compel fees 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.
In addition to meeting pertinent requirements of § 347-406, Open space criteria, above, recreation land shall meet the following requirements:
A. 
Location and criteria for dedicated recreation land. Lands to be dedicated:
(1) 
Should be suitable for facilities which can meet the various recreational needs of the residents, businesses, and industries of the development.
(2) 
Should be easily and safely accessible, and shall be connected with sidewalks and/or crosswalks to street front sidewalks and all on-site buildings, If a development includes a proposal to dedicate to the Borough land for park and/or open space use under provisions of this section, the total land area to be dedicated shall be delineated on the subdivision plan with a note stipulating that the legal means of conveyance shall be by dedication.
(3) 
The configuration of the recreation area must be able to accommodate recreation activities proposed by the development plans. The recreational activities and/or facilities for which the area is intended must be specified on the development plans and recorded on the record plan set. A metes and bounds legal description of the property shall be shown on the recorded plan.
(4) 
Should have suitable topography for the development as a particular type of recreational use.
(5) 
That are designated for recreation land shall not contain lands with natural resources that are to be permanently protected and undeveloped, stormwater detention facilities or lands designated for any other purpose.
(6) 
Recreation areas shall not be traversed by utility easements unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.
(7) 
On-site improvements should be commensurate with the adjacent on-site development improvements, including but not limited to grading, curbs, sidewalks, and utilities.
(8) 
Open space which is required to be set aside as part of a zoning district or use which requires open space shall be provided in addition to the recreation land required by this chapter.
B. 
If the open space land is to be retained by the property owners or other private entity:
(1) 
The Borough will require that the proper owners provide for and establish a homeowners' association, or other organization or funded community trust, for the ownership and maintenance of the open space, and that such organization shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space, or by dedication to and acceptance by the Borough. In the event that a homeowners' association is contemplated, the association shall, to the greatest degree practicable, be established from the start of the project, and all homeowners shall be a party thereof. In addition, homeowners' associations may, as determined appropriate by the Borough Council, maintain dedicated open space or lease back dedicated open space land from the Borough.
(2) 
All property owners of the tract shall have equal rights and obligations in the organization, and these rights and obligations shall be included in all deeds which shall be properly recorded, and the agreement containing these rights and obligations shall be approved by Borough Council at the same time as the plan is approved. In the event that the organization established to own and maintain open space land or any successor organization shall, at any time after establishment of the development, fail to maintain the open space land in a reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization or upon the property owners of the development setting forth the manner in which the organization has failed to maintain the open space land in reasonable condition, and said notice shall include a demand that such deficiencies or maintenance be corrected within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days of any extension thereof, the Borough, in order to preserve the taxable values of nearby properties and to prevent the open space land from becoming a public nuisance, may enter upon said open space and maintain the same for a period of one year. Said maintenance by the Borough shall not constitute a taking of said open space, nor vest in the public any rights to use same. Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization therefor responsible for the maintenance of the open space land, call a public hearing upon notice to such organization, to be held by the Borough Council, at which hearing such organization or the residents of the development shall show cause why such maintenance by the Borough shall not, at the option of the Borough, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Borough shall cease to maintain said open space land at the end of said year. If Borough Council shall determine that such organization is not ready and able to maintain said open space land in a reasonable condition, the Borough may, in its discretion, continue to maintain said open space land during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(3) 
The cost of maintenance by the Borough shall be assessed ratably against the properties within the development and shall become a lien on said properties. The Borough, at the time of entering upon said open space land for the purpose of maintenance, shall file a notice of lien in the office of the prothonotary of the county upon the properties affected by the lien within the development.
C. 
Acceptance and use of park and recreation land.
(1) 
Land dedicated to the Borough of Lansdale as park and recreation land shall be used only for the purpose of providing park and recreational facilities open space and shall be available for use by all residents of the Borough, subject to such regulations and rules as may be adopted by Borough Council.
(2) 
When land is dedicated, acceptance by the Borough shall be by means of a signed resolution in form and substance acceptable to Borough Council and the Borough Solicitor and to which a property description and survey plan of the dedicated area shall be attached. A fee simple warranty deed conveying the property shall be delivered to the Borough of Lansdale with title free and clear of all liens, encumbrances and conditions excepting public utility easements and such other easements and restrictions as are approved by the Borough Solicitor.
D. 
Alternatives to the dedication of park and recreational land. Upon agreement of both Borough Council and the applicant, the applicant may pursue the following alternatives:
(1) 
Improvements to other recreation sites. The applicant may, through an agreement with the Borough, construct recreational facilities on existing or proposed parkland that is readily accessible to residents of the proposed development. The value of such improvements shall be comparable to the fee in lieu of dedication that would have otherwise been required, as determined by the Borough, based upon the applicant's estimates, which shall be reviewed and approved by the Lansdale Borough Engineer.
(2) 
A combination of land dedication and/or alternative approaches as listed herein may be pursued, as reflected in a written agreement between the applicant and the Lansdale Borough Council.
A. 
Figure 4.2: Recreation Facility Requirements lists the recreation facilities required in all residential subdivisions and land developments.
Figure 4.2. Recreation Facility Requirements
Total Number of Lots or Dwelling Units
Facilities, Fields, Courts, etc.
10 to 25
2
26 to 50
4
More than 51
5
B. 
At the discretion of the Borough Council, upon recommendation of the Lansdale Planning Commission, land developments with greater than 100 dwelling units proposed may be required to satisfy increased recreation facility requirements, and may be required to provide specific recreation facilities.
C. 
Tot lot design requirements. Where a tot lot is provided, it shall meet the following standards:
(1) 
Definition of "tot lot": a neighborhood play area primarily for use by preschool-age children under the supervision of parents or guardians.
(2) 
Use of tot lots shall only be permitted between sunrise and sunset; no lighting shall be installed, except for security lighting, as deemed necessary. This requirement shall be disclaimed, as a note on the plan, on any plan containing such facilities, which is submitted for approval or recording, and shall be contained within the homeowners' association (HOA) declaration, if an HOA is proposed.
(3) 
All equipment shall be installed over a resilient safety surface and shall conform to safety guidelines established by the International Play Equipment Manufacturers Association (IPEMA).
(4) 
Sitting areas, including benches, shall be provided for the convenience of persons supervising the children.
(5) 
Shade trees shall be provided for sitting and play areas; gazebo or picnic-type shelters may be used in addition to shade trees.
(6) 
When a tot lot is placed adjacent to the playfield, it is recommended that practical measures, such as fencing and orientation of facilities, shall be addressed to reduce hazards resulting from other recreation activity, especially from balls or other flying objects.
(7) 
Minimum dimensional standards shall be as follows:
(a) 
Minimum area: 2,500 square feet within the fenced areas. Applicants shall provide a landscaped, but not screened, buffer area a minimum of 10 feet in depth. Locations should be at convenient, centralized intervals, requiring no longer than a 1,000-foot walk from any dwelling unit.
(8) 
A landscaped buffer that acts as a visual screen shall be provided between the and any proposed or existing dwelling unit within 100 feet.
D. 
Play field design requirements. Where a play field is provided, it shall meet the following standards:
(1) 
Definition of "play field": a common area within a subdivision or land development for neighborhood residents and the general public to use for informal, active recreation purposes such as ball games and other activities requiring a large lawn area, away from homes or other buildings.
(2) 
Applicants shall review the need for general and/or security lighting, consistent with § 347-616, Outdoor lighting.
(3) 
Playfields shall consist of a lawn area, unobstructed by trees, shrubs, benches, playground equipment or other obstacles. Applicants shall locate trees and shrubs along the perimeter of a playfield in order to define its limits, enhance its appearance, and, where possible, filter noise generated by activities.
(4) 
Playfields shall be sloped for proper drainage, not less than 1% nor more than 3% grade, and shall be well-drained so that they are suitable for use in most weather.
(5) 
Minimum dimensional standards shall be as follows:
(a) 
Minimum area: 25,000 square feet.
(b) 
Minimum horizontal dimension: 150 feet.
(c) 
Minimum setbacks to the edge of a playfield.
[1] 
From any dwelling unit: 100 feet.
[2] 
From any property line: 50 feet.
[3] 
From the ultimate right-of-way of streets:
[a] 
Residential streets: 50 feet.
[b] 
Other classifications: 100 feet.
(6) 
Locations: at convenient, centralized intervals.
E. 
Basketball and tennis court design requirements. Where basketball or tennis courts are provided, they shall meet the following standards:
(1) 
Definition of "basketball court": a basketball facility, including pavement, striped court area not exceeding half court size, with posts, backboards, and baskets at one end of the court.
(2) 
Definition of "tennis court": a tennis facility including a standard sized and striped court area with a macadam surface meeting Borough specifications, posts, net, and fencing around its perimeter.
(3) 
Courts shall be constructed in accordance with specifications approved by the Borough Engineer, and shall be generally oriented in a north-south direction to minimize sun glare.
(4) 
Minimum dimensional standards shall be as follows:
(a) 
Court areas shall be of a standard size. Tennis court areas shall be at least 36 feet by 78 feet with twelve-foot clearance on both sides and twenty-one-foot clearance on both ends. Basketball court areas shall be at least 50 feet by 84 feet with a minimum of five-foot clearance on all sides.
(b) 
Minimum setbacks to the edge of paving:
[1] 
From any dwelling unit: 125 feet.
[2] 
From the ultimate right-of-way of streets:
[a] 
Residential and feeder streets: 50 feet.
[b] 
Other (higher) classifications: 100 feet.
[3] 
From any property lot line: 50 feet.
(5) 
Tennis courts shall be fenced around the entire perimeter with minimum ten-foot-high fencing.
(6) 
Basketball courts shall be fenced with minimum six-foot-high fencing under the following conditions:
(a) 
When the edge of pavement is less than 30 feet from a lot line, that edge shall be fenced.
(b) 
When the edge of pavement is less than 30 feet from an area sloping 10% or greater downward from the court, the edge shall be fenced.
(7) 
Lighting, when approved by Borough Council, may be provided for nighttime use of courts, if they are arranged so that no glare affects abutting residences or streets, until not later than 10:00 p.m. All lighting shall turn on and off automatically, based upon lighting conditions. Lighting shall be shielded and the spillover lighting level of the property shall not exceed 10 footcandles for basketball and 20 footcandles for tennis, at the property line. The light fixtures shall not be mounted in excess of 30 feet.
F. 
Consolidation of facilities. Applicants shall 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:
(1) 
By locating all required tennis or basketball courts in one area, thereby restricting noise and light to one area, and providing convenience to users.
(2) 
By combining two 25,000-square-foot playfields into one 40,000-square-foot area to permit larger fields for softball, football, soccer, or other field sports, while maintaining the neighborhood use character.
(3) 
By creating one or more park-like facilities rather than several sets of scattered facilities.
(4) 
Tot lots may be adjacent to other types of recreation facilities but not to other tot lots so that they are dispersed throughout the development and only require short walking distances from all homes.
A. 
Preservation of existing vegetation.
(1) 
All subdivisions and land developments should be laid out in such a manner as to minimize the removal and/or disturbance of healthy trees, shrubs, and other vegetation on the site. Special consideration shall be given to mature specimen trees and ecologically significant vegetation.
(2) 
Removal or disturbance of vegetation in environmentally sensitive areas, including wetlands, floodplains, steep slopes, riparian corridors, wildlife habitats, and ecologically significant woodlands as identified in the Montgomery County Natural Areas Inventory or other sources shall be undertaken only as permitted in § 347-409D(1), Tree replacement planting requirements: "Any subdivision or land development proposal which will result in the destruction. . ." to minimize the adverse effects of such actions.
(3) 
The applicant shall prove to the satisfaction of Borough Council that vegetation removal is minimized. A written document or plan may be requested to be performed by a registered landscape architect or other qualified professional showing that no more desirable layouts are possible and no alternative clearing or grading plan would reduce the loss of mature trees, tree masses, and woodlands.
(4) 
Each freestanding mature tree, tree mass, or woodland on the site shall be designated "to remain" or "to be removed" in accordance with the following criteria:
(a) 
A mature tree, tree mass, or woodland may be designated "to be removed" only if it meets all of the following criteria:
[1] 
The outermost branches of the tree(s) are at least five feet or the trunk of the tree at least 20 feet from any proposed buildings, structures, paving, parking, or utilities (overhead or underground).
[2] 
The outermost branches of the tree(s) are at least five feet or the trunk of the tree is at least 20 feet from any proposed changes in grade or drainage such as excavations, mounding, or impoundments.
[3] 
The tree(s) interfere with traffic safety or are located within proposed sight triangles.
[4] 
The tree(s), by its location or apparent health, poses any undue threat to the health, safety, and welfare of the community.
[5] 
The tree blocks required solar access.
(b) 
Mature trees, tree masses, or woodlands that do not fit the above criteria shall be designated "to remain."
(c) 
Unique or specimen trees should be preserved.
B. 
Protection of existing vegetation. Existing vegetation designated "to remain," in accordance with § 347-409D(1), Tree replacement planting requirements: "Any subdivision or land development proposal which will result in the destruction. . .", as part of the landscaping of a subdivision or land development shall be identified in the field prior to any clearing and shall be physically protected throughout the construction process. A temporary, sturdy physical barrier, such as a snow fence, shall be erected a minimum of one foot outside the drip line or a minimum of 20 feet from the tree's trunk, whichever is greater, on all sides of freestanding trees, tree masses, or woodlands prior to major clearing or construction. The barrier shall be placed to prevent disturbance to or compaction of soil inside the barrier and shall remain until construction is complete. The barrier shall be shown on the erosion and sedimentation (E & S) control plan and the landscape plan. Reference to the installation of tree protection should be included in the sequence of construction notes to ensure incorporation of tree protection before the earliest stages of site disturbance.
C. 
Credit for preserved trees. Requirements for street trees and buffer plantings may be met, whenever possible, by preserving existing trees. It is greatly preferred that existing street trees be preserved. Credit for existing trees which are "to remain," as determined in § 347-409A(4), Preservation of existing vegetation: "Each freestanding mature tree. . .", to offset either the street tree or buffer planting requirements are to be calculated as follows:
Preserved tree
(dbh)
Number of Trees Credited
(2 1/2-inch caliper)
36 inches or greater
6 trees*
18 to 35 inches
4 trees*
12 to 17 inches
2 trees*
8 to 11 inches
1 trees*
*
One tree shall be credited for each preserved street tree.
D. 
Tree replacement planting requirements.
(1) 
Any subdivision or land development proposal which will result in the destruction of 25% of the existing trees six inches dbh or greater on a lot shall replace the removed trees. The total tree removal impact of woodland areas designated "to be removed" shall be measured by a forest density survey that calculates the approximate quantity of trees (with six inches or greater dbh) per square foot area. Calculated woodland tree removals and individual mature tree removals shall be listed on the plan. Tree replacement shall occur in the following manner:
(a) 
Each tree six inches dbh or greater that is destroyed shall be replaced with a sufficient number of trees whose total caliper measurement equals the dbh measurement of the tree which is destroyed. Each individual replacement tree intended to satisfy this requirement shall have a minimum two-and-a-half-inch caliper.
(b) 
Replacement trees shall comply with the landscape design criteria in § 347-438, General landscape design criteria, of this chapter.
(2) 
Replacement trees shall be planted on site to mitigate for existing trees removed, in addition to other landscaping requirements. Proposed replacement tree plantings shall be listed on the plan.
(3) 
If the site does not reasonably contain enough room for the required replacement trees, Borough Council may allow the developer to locate some or all of the replacement trees on public lands or accept an equivalent fee-in-lieu of plantings, at their discretion.
(4) 
Calculation and estimation of existing trees shall be performed before any clearing commences and shall be documented on the plan.
(5) 
Calculation and estimation of the existing trees remaining after construction shall be performed and compared with the calculations of the approved plan. Any tree removals additional to those on the approved plan shall be replaced as required by this section prior to the issuing of any occupancy permits.
A. 
Hydric soils. The presence of hydric soils may indicate wetlands. When hydric soils are indicated on the site, a wetlands study should be conducted in accordance with the federal Corps of Engineers Wetlands Delineation Manual (1987 Manual). In the event no wetland study is undertaken, the location of soils with soils rated as all hydric in the county soil survey on site will be assumed to be wetlands for the purpose of this chapter and so noted on the plan.
B. 
Wetlands as defined by the U.S. Army Corps of Engineers and the Commonwealth of Pennsylvania in accordance with Section 404 of the Federal Clean Water Act of 1977[1] and the Pennsylvania Clean Streams Act[2] 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.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
Wetland buffer. A twenty-five-foot setback known as the "wetland buffer" shall be maintained around the perimeter of all wetlands. No removal of vegetation, except the selective removal of dead trees and or other noxious vegetation, in the wetland area or buffer shall take place without the specific permission of the Borough Engineer.
D. 
Building setbacks as required by the Zoning Ordinance shall be measured from the edge of the wetland buffer.
A. 
Whenever a pond, water course, stream, or intermittent stream, as identified in the NRCS, USDA Web Soil Survey, is located within a development site, it shall remain open in its natural state and location and shall not be piped.
B. 
Unless otherwise provided in the Zoning Ordinance, a 100-foot buffer (50 feet from each bank of the water body) shall be maintained along all intermittent and perennial water courses and ponds. This buffer area shall 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 prior written permission of the Borough of Lansdale.
C. 
No stormwater detention basins, stormwater piping, or other stormwater structures shall be allowed within the fifty-foot buffer zone unless approved by the Borough Engineer.
D. 
Within any riparian corridor, no construction, development, use, activity, or encroachment shall be permitted unless a riparian corridor management plan is submitted and approved by Borough Council upon the recommendation of the Borough Engineer, and the effects of such development are mitigated by the implementation of the riparian corridor management plan. The riparian corridor management plan shall meet the following requirements:
(1) 
Plan contents. The riparian corridor management plan shall contain the following information:
(a) 
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 shall also be included.
(b) 
Management goals for the entire tract and long-range goals for the riparian corridor, if applicable (this might include goals such as reforestation, eradication of invasives, and/or stream bank stabilization).
(c) 
Proposed activities, including a plan drawn to scale that shows all proposed activities within and adjacent to the riparian corridor (including long-term management goals). The plan shall differentiate areas that will be disturbed from those that will be protected and preserved.
(d) 
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 riparian corridor, including application of herbicides, removal of invasive plants, spacing and types of newly planted trees and shrubs, mowing schedules, farming practices, and other related functions.
(2) 
Management, mitigation, and restoration measures. The proposed management plan shall comply with the following management, mitigation, and restoration measures:
(a) 
Management practices. The following management practices shall be integrated into the management plan:
[1] 
Existing woody and other vegetation shall be preserved to the greatest extent possible.
[2] 
Fallen branches and other organic material shall be allowed to remain where they have fallen, provided that they do not create a hazard.
[3] 
Stream crossings shall be designed at a 90° angle to the stream, or as close as possible.
[4] 
Stream banks shall be stabilized in accordance with "A Stream Bank Stabilization and Management Guide for Pennsylvania Landowners," by PADEP.
(3) 
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:
(a) 
Increasing the width of the corridor. The width of the riparian corridor, measured from the defined edge of a watercourse (from the top of the stream bank), is increased to at least 75 feet on each side of the watercourse.
(b) 
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. Landscapes shall be restored by removing invasive vines and trees, cleaning out trash, correcting soil erosion problems, planting appropriate plants, and properly maintaining all new plantings. Incompatible existing vegetation shall be removed, plants shall be planted that are appropriate for the proposed landscape type and site, and the plantings shall be maintained and protected from invasive plants, deer, and other long-term problems.
(c) 
Increasing the effectiveness of the corridor. In existing degraded wooded areas or proposed new wooded areas, planting the riparian corridor with three distinct layers of vegetation: (1) canopy trees, such as oak, hickory, maple, gum, beech, sycamore, spruce, pine, and fir, (2) shrubs that provide an understory, such as elderberry, viburnum, azalea, rhododendron, holly, laurel, and alders, and (3) herbaceous plants that serve as ground cover, including ferns, sorrel, trillium, violet, Virginia creeper, nettle, phlox, aster, and worts. All three layers shall be planted at a density sufficient to create a fully-functioning, naturalized riparian corridor.
E. 
Vegetation selection. To function properly, vegetation in the riparian corridor management plan shall be selected by a registered landscape architect for suitability with site-specific conditions and approved by the Borough Engineer.
(1) 
Existing tree cover shall be surveyed and inventoried to assess the need for any new plantings. Existing species included on the Pennsylvania Noxious Weed Control List shall be removed.
(2) 
Adjacent to the watercourse, dominant vegetation shall be comprised of a variety of native riparian tree and shrub species and appropriate plantings necessary for stream bank stabilization.
(3) 
Away from the watercourse, dominant vegetation shall be comprised of riparian trees and shrubs, with an emphasis on native species and appropriate plantings necessary to stabilize the soil.
(4) 
Disturbed areas shall be revegetated with riparian corridor plants, in compliance with the approved riparian corridor management plan, the requirements of § 347-617, Plant materials specifications, and the following:
(a) 
Canopy tree and shrub plantings shall be located along the stream bank to provide shade for the stream, and soil erosion control and stormwater benefits, according to accepted stream bank restoration practices.
(b) 
New canopy trees shall be planted at a minimum rate of 20 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.
(c) 
New trees shall be a variety of sizes ranging from a minimum four-foot to five-foot branched whip to an approximate 1 1/2 inch caliper balled and burlapped planting stock.
(d) 
Dead or damaged trees and plantings shall be replaced at no cost to the Borough. The Borough may require financial security be posted to guarantee the trees and plantings for a period of 18 months from the date of substantial completion of the improvements in accordance with a maintenance agreement executed by the applicant in a form acceptable to Borough Council upon advice of the Borough Solicitor.
(5) 
Areas that cannot be revegetated shall be restored using management practices accepted by experts qualified in riparian corridor management.
A. 
Minimal grading: Grading shall be limited to the minimum amount of disturbance of soil or natural topography.
B. 
Topsoil protection. The topsoil that existed naturally on site prior to subdivision or land development shall be managed in the following way:
(1) 
In areas to be graded, the top soil shall be stripped off and stockpiled on-site in accordance with the erosion and sediment (E & S) control plan.
(2) 
Following construction, the stockpiled soil shall be redistributed uniformly on-site to a minimum depth of eight inches.
(3) 
Any topsoil in excess of soil needed for the reestablishment of eight inches depth in areas of the site that will not be paved may be removed from the site based upon the determination of the Borough Engineer.
C. 
Grading. All permanent and temporary cutting, filling, grading, regrading, and/or other forms of earth-moving activities shall be known as "grading" and shall be conducted only in compliance with the standards as described below.
(1) 
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.
(2) 
No permanent excavation shall be made with a cut face steeper in slope than three horizontal to one vertical (3:1). For steeper slopes, a soils report prepared by a qualified engineer or geologist experienced in performing such studies and registered in the Commonwealth of Pennsylvania shall be prepared to document the soil stability.
(3) 
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.
(4) 
Within the property proposed for development or along property lines, where grading creates an abrupt drop-off in contrast to a previously existing gradual change or where a wall is being installed, the applicant shall be required to install a fence or other suitable protective barrier.
(5) 
A permit shall be required for grading operations. Permits shall be issued by the Zoning Officer 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:
(a) 
For an excavation that does not exceed 20 cubic yards total material removed.
(b) 
For a fill that does not exceed 20 cubic yards of material deposited.
(c) 
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.
A. 
General. Erosion and sediment control must be addressed in the following manner:
(1) 
An erosion and sediment control plan, which meets the requirements of the DEP's Erosion/Sediment Pollution Control Program (PA Code Chapter 102: Erosion Control) must be approved by the Montgomery County Conservation District and available on site for all earth disturbance activities over 5,000 square feet.
(2) 
All construction activities proposing to disturb between one and five acres with point source discharge to surface waters of the commonwealth, or projects disturbing five or more acres of land must be authorized by a National Pollutant Discharge Elimination System (NPDES) permit.
(3) 
No subdivision or land development plan shall be approved unless:
(a) 
There has been a plan approved by Borough Council that provides for minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable securities are deposited with the Borough in the form of an escrow guarantee which will insure installation and completion of the required improvements; or
(b) 
There has been a determination by Borough Council that a plan for minimizing erosion and sedimentation is not necessary.
(4) 
The Borough Council, in its consideration of any preliminary plan of subdivision and land development, shall condition its approval upon the execution of measures designed to prevent accelerated soil erosion and resulting sedimentation, as required by PADEP. All applicable regulations and permit requirements of PADEP as stipulated in its Soil Erosion and Sedimentation Pollution Control Manual shall be followed for all earth-moving activities.
B. 
Performance principles.
(1) 
Any appropriate action which minimizes erosion and sedimentation as described in the Pennsylvania Erosion and Sediment Pollution Control Program Manual can be included in the plan. Alternative methods should be discussed with the Borough Engineer prior to the preparation of an erosion and sediment control plan.
(2) 
No unfiltered stormwater coming from an area which has been disturbed shall be permitted onto an adjacent tract or allowed to be discharged into any water body.
C. 
Responsibility.
(1) 
Whenever sedimentation is caused by stripping vegetation, regrading or other development activity, it shall be the responsibility of the applicant to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at their expense as quickly as possible.
(2) 
It is the responsibility of applicant doing any act on or across a stream, watercourse, or swale or upon the floodplain to maintain, as nearly as possible, in its present state the stream, watercourse, swale, floodplain or right-of-way during the activity and to return it to its original or equal condition after such activity is completed. 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.
(3) 
Disturbed areas shall be revegetated with riparian corridor plants, in compliance with § 347-437, Stormwater basin and natural areas planting.
D. 
Areas that cannot be re-vegetated shall be restored using management practices accepted by experts qualified in riparian corridor management.
The design of subdivisions and land developments should be done in a manner which would preserve desirable cultural and historic features of a site wherever reasonably possible.
A. 
No proposal will be approved with a property line extending through any portion of an existing building, except where that property line follows a party wall separating semi-detached or attached units, in accordance with the Lansdale Zoning Ordinance.
B. 
When existing buildings are retained:
(1) 
Setbacks for existing buildings. When new lot lines are created, it is recommended that setbacks for the existing building be greater than the applicable required minimum setback when the height and/or bulk of the existing building significantly exceeds that of proposed abutting development. For existing tall buildings, it is recommended that a building setback be equal to or greater than the height of the building. For proportionally wide or deep buildings, a setback at least equal to 1/2 the width or depth of the building is suggested.
(2) 
Structurally deficient buildings shall be rehabilitated in conformance with Lansdale's Building Code and Property Maintenance Code.
(3) 
Additions to retained buildings shall conform in all respects to the requirements of the Zoning Ordinance applicable to the district in which the building is located. It is recommended that the additions be compatible with the character, design, building materials, and other architectural features of the building.
(4) 
Historical or culturally significant buildings should retain their respective characters, to the greatest extent practical.
(5) 
New buildings abutting the retained building should reflect the retained building's character, to the greatest extent practical.
(6) 
In nonresidential zoning districts, retained buildings shall be provided with adequate parking, service, and landscaped areas in accordance with the Zoning Ordinance provisions for the intended use. If the applicant cannot specify the intended use, then the most land consumptive provisions shall be applied, to ensure sufficient land area for uses permitted in that district.
C. 
When existing buildings will be removed:
(1) 
The plan must show the location and include a brief description of the building(s) to be removed.
(2) 
Plan approval will be granted upon written agreement to the expeditious removal of buildings intended for removal, in conformance with municipal demolition permits.
(3) 
All applicable municipal requirements and procedures regarding demolition of buildings and disposition of the reusable parts and/or disposal of the rubble shall be complied with.
(4) 
If the building will not be removed immediately, a financial guarantee must be posted for its removal, in compliance with § 347-702, Financial security, herein.
Sidewalks shall be installed along all existing and proposed public and private streets, common driveways, and common parking areas.
A. 
General.
(1) 
Sidewalks and verges shall be required on both sides of the street within the ultimate right of way.
(2) 
Borough Council may waive the sidewalk requirements if an alternative pedestrian circulation concept can be shown to be more desirable, especially when using open space areas, provided that appropriate connections are provided between the open space walkways and the surrounding pedestrian origins and destinations.
(3) 
If for any reason an interim waiver of these requirements is made, a sufficient guaranty shall be posted for the eventual installation of sidewalks, subject to approval by Borough Council, upon recommendation of the Borough Engineer and Solicitor.
B. 
Design and layout.
(1) 
Sidewalks and verges shall be provided in appropriate locations to provide safe and efficient pedestrian access between parking areas, buildings, and other pedestrian destinations.
(2) 
Sidewalk and verge widths are to follow the guidelines set forth in Figure 4.3: Sidewalk and Verge Guidelines. Figure 4.4: Illustrated Sidewalk Levels of Service illustrates levels of service offered by varying widths of sidewalks.
(3) 
The verge shall exist between the curbline or edge of cartway and the sidewalk.
(a) 
Verges between sidewalks and the curbs may contain street lights, trees, benches, trash cans, mailboxes, or newspaper boxes. No obstacle in the verge may reduce the required sidewalk width for use by pedestrian traffic as described in the guidelines in Figure 4.3: Sidewalk and Verge Guidelines.
(b) 
The verge shall be maintained as a grass strip between the sidewalk and the curb. If grass is impractical at the site, brick pavers or similar surface may be used at the discretion of Borough Council, upon recommendation of the Lansdale Planning Commission and Engineer.
(c) 
Where a verge is proposed as a grass strip, in no case shall its width be less than three feet.
(4) 
Borough Council may require additional sidewalk width in areas where higher volumes of pedestrian traffic are anticipated. In no case shall sidewalk width be less than five feet.
(5) 
All sidewalk widths are exclusive of any obstacle. Sidewalk areas comprised of street lights, trees, benches, doors, trash cans, mailboxes, newspaper boxes, or similar feature may not be counted towards meeting the minimum width.
(6) 
Additional sidewalks or paved trails shall be required where deemed necessary by Borough Council to provide access to schools, religious institutions, parks, community facilities, trails, and commercial or employment centers, and to provide necessary pedestrian circulation within land developments and/or subdivisions where otherwise required sidewalks would not be sufficient for public safety and convenience.
(7) 
The grade and paving of the sidewalk shall be continuous across driveways, except in certain cases where heavy traffic volume dictates special treatment. The grade and alignment of all sidewalks shall be approved by the Borough Engineer.
(8) 
If the provision of sidewalks requires the destruction or removal of mature trees, consideration shall be given to the retention of such trees.
(9) 
Conflicts arising from the placement of street trees, utilities, and verges should be discussed with the Planning Commission, and Engineer to determine appropriate placement and alignment.
(10) 
Proposed sidewalks shall maintain the width, pattern, material, and style of the Borough's sidewalk network. Where proposed sidewalks meet existing sidewalks which have a different width, a tapered transition shall be constructed.
Figure 4.3 Sidewalk and Verge Guidelines
Functional Classification
Verge
Sidewalk
Single Family Residential Districts (A, B and C Districts)
3'
4' - 6'
All Other Base Zoning Districts, and all Developments Proposed Under an Overlay District
4
5' - 8'
Figure 4.4: Illustrated Sidewalk Levels of Service
347 Figure 4-4.tif
A. 
Crosswalks shall be clearly delineated at all intersections and marked to the width of the largest contributing sidewalk or trail. In no case shall crosswalk width be less than the minimum width required by PennDOT.
B. 
Crosswalks and their transition to adjacent sidewalks or trails shall be designed to facilitate access and use by persons that are physically disabled, in compliance with the Americans with Disabilities Act (ADA).[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
C. 
Where a crosswalk is located at an arterial or collector street, Borough Council may require one or more of the following measures as described in the Pennsylvania Traffic Calming Handbook based upon the recommendation of the Borough Planning Commission and Engineer:
(1) 
Textured crosswalks. Crosswalk patterns, materials, and colors shall be consistent with surrounding crosswalks based on the theme established in the Borough and recommended to Borough Council by the Borough Planning Commission and Engineer.
(2) 
Pedestrian signalization shall be provided at intersections where traffic signals exist.
(3) 
Curb extensions, bulb-outs, raised medians, raised crosswalks, and other pedestrian safety methods shall be considered and, where determined to be appropriate by Borough Council, constructed.
(4) 
Raised speed table crosswalks.
A. 
When a subdivision or land development includes an existing or a proposed trail with public access customarily used by pedestrians, bicyclists as delineated in the Borough's adopted Comprehensive, Open Space, Recreation, or other Plans, the applicant shall make provision for the continued recreational use of the trail subject to alterations of the course of the trail within the boundaries of the development under the following conditions:
(1) 
The points at which the trail enters and exits the tract shall remain unchanged.
(2) 
The proposed alteration shall not diminish trail design and function.
(3) 
Where an existing trail runs coincidentally with the paved road intended for use by motorized vehicles, landscaping and other physical structures shall be used to increase the separation between the trail and the road.
B. 
Trail widths shall be as follows:
(1) 
Multiuse trails shall be 10 feet wide with a cleared area of five feet in width on either side.
(2) 
A pathway for walking or bicycling shall be a minimum of six feet wide with a cleared area of two feet on either side.
C. 
Borough Council may require, as a condition of final plan approval, the guarantee of public access and improvement of trails when the site is traversed by or abuts an existing trail or a trail proposed in an adopted open space or trail plan of the county, the Borough of Lansdale, or an adjacent municipality.
D. 
When a subdivision or land development lies adjacent to a park, school, or other pedestrian destination, pedestrian connections should be made to that destination.
E. 
All trails and pathways shall be constructed before occupancy of residences and other buildings adjoining the proposed trails/pathways.
F. 
When a trail is intended for public use, a permanent access easement shall be provided allowing public access to the trail on all properties on which the trail is/will be located. The width of the protected area in which the trail is located shall be a minimum of 20 feet. The language of the easement shall be to the satisfaction of Borough Council, upon recommendation of the Borough Solicitor.
G. 
Any of the methods cited under § 347-406D, Open space ownership and perpetuation concerning open space ownership may be used either individually or in combination, to own and perpetually preserve trail easements provided in fulfillment of this article.
H. 
Trails and pathways shall have adequate access for use by all residents of the development or, preferably, the general public.
I. 
Trails shall be landscaped in accordance with the specifications described in § 347-424, Buffer plantings. Landscaping shall be used to help delineate the route of the trail and screen surrounding properties from trail users.
J. 
The land area permanently designated for trails for public use may be credited toward any open space requirement of the Zoning Ordinance.
K. 
No trail shall be designed with the intent to accommodate motorized vehicles except for emergency or maintenance access.
When a subdivision or land development includes improvements to streets which have been specified on Borough-adopted plans or maps to receive future bicycle infrastructure improvements, bicycle routes or lanes shall be created and shall meet the following standards:
A. 
Bicycle lanes shall be marked with appropriate striping, reflectors, and signage in accordance with Federal Highway Administration guidelines.
B. 
Bicycle lanes shall be a minimum five feet in width.
C. 
Where the roadway narrows, signage and pavement markings shall be added to warn drivers and bicyclists to help them avoid bicycle-automobile conflicts.
D. 
Drainage improvements shall be made where necessary to eliminate puddles and sediment deposit on the section of the road used by bicyclists.
E. 
Proposed bicycle lanes shall meet the PennDOT requirements.
A. 
Applicants shall provide a safe, reliable, and adequate water supply from public water service to support the intended uses approved as part of a development plan. When water is to be provided by means other than private wells owned and maintained by the individual owners of lots within a subdivision or land development, applicants shall present evidence to Borough Council that the subdivision or land development is to be supplied by the North Penn Water Authority or other suitable water supplier. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
B. 
When individual private water supply wells are proposed, the applicant shall provide evidence that adequate potable water supplies are reasonably available for each lot. This can be performed in the following ways:
(1) 
Performance of a groundwater study in accordance with § 347-803, Groundwater study;
(2) 
Drilling and testing water supply wells for each lot; or
(3) 
Providing suitable documentation based upon local geology and adjoining wells demonstrating availability of potable water in the vicinity of the proposed lots.
C. 
Fire hydrants shall be located at accessible points throughout the subdivision and land development and shall be located according to the Borough Engineer in consultation with the Borough Fire Marshal. As a general rule, hydrants should be located at each street intersection and at intermediate points as recommended by the Borough Fire Marshal. Generally, hydrant spacing may range from 350 feet to 600 feet depending upon the area being serviced. The type and methods of construction to be employed in the installation of fire hydrants shall be in accordance with current state and local regulations.
D. 
Public water supply facilities design. The design for public water supply facilities shall be in accordance with PADEP Water Supply Manual, the specifications of the utility providing water service, or Article VI, Engineering and Construction Standards.
A. 
All lots created through subdivision or all proposed land developments must have a suitable method for the management of wastewater.
(1) 
The applicant shall demonstrate suitable management of wastewater for each lot of a subdivision or land development through one of the following ways:
(a) 
If the site falls within the sewage facilities growth area established in the Borough Act 537 Sewage Facilities Plan, the following options should be pursued in the order listed:
[1] 
Where suitable collection system infrastructure and treatment facilities are reasonably available with adequate capacity, the applicant shall connect the proposed lots or land development to the collection system and treatment plant after complying fully with any permit or fee requirements established by the owner of the collection and treatment facility.
[2] 
Where suitable collection system infrastructure and treatment facilities are not reasonably available with adequate capacity to allow the applicant to connect the proposed lots or land development, the applicant may petition the owner of the collection system and treatment facility to extend the system or rectify the in adequacies of the treatment facility to enable future connection.
[3] 
Where connections cannot be made to the system by the applicant or through an expansion of the system by its owner, the applicant may install capped sewers in accordance with the specifications for public sewers in this chapter which shall extend from each lot or building into a system that will terminate at the property boundary in a manner in which future connection to public sewers can be made at some point in the future. Each lot of the land development would have to be serviced with suitable on-lot disposal systems or a community system approved by the Montgomery County Health Department or DEP until such time as the capped sewers are connected. In limited situations, holding tanks may be used in accordance with Borough and Pennsylvania laws.
(b) 
If the site does not fall within the sewage facilities growth area established in the Borough Act 537 Sewage Facilities Plan, the following options should be pursued:
[1] 
The applicant may request a revision to the Borough Sewage Facilities Plan to add the site to the sewer growth area. If the revision is not made, the applicant should pursue the on-lot disposal options.
[2] 
The applicant shall evaluate the feasibility of on-lot disposal options in the following order:
[a] 
Community spray irrigation.
[b] 
Individual lot spray irrigation.
[c] 
On-lot subsurface disposal.
[d] 
Community subsurface disposal.
[e] 
Alternative or experimental community or on-lot disposal.
[f] 
Community system stream discharge disposal.
[g] 
Individual lot stream discharge disposal.
(2) 
Sewage Facilities Plan revision. Planning approval shall be obtained for the selected option from the DEP or Montgomery County Health Department.
(3) 
Sewage Facilities Plan revision exceptions include:
(a) 
Minor subdivisions, where no additional lots are created. This includes lot line adjustments, simple conveyances, and mortgage subdivisions. The impact of existing wastewater facilities shall be considered in the placement of new lot lines in these types of subdivisions.
(b) 
Non-building lots, provided a properly executed Request for Planning Waiver and Non-building Declaration has been submitted to and approved by DEP. Where the waiver is approved by DEP, the final plan and the deed for the lot shall contain the following notation:
As of the date of this deed/plot plan recording, the property/subdivision described herein is and shall be dedicated to the express purposes of _______________ use.
No portion (or lot number(s) ______________________) of this property are approved by ___________________________ the Borough of Lansdale or the Department of Environmental Protection (DEP) for the installation, construction, connection, to or use of any sewage treatment facility. No permit will be issued for the installation, construction, connection to, or use of any sewage collection, conveyance, treatment, or disposal system (except for repairs of existing systems) unless the municipality and DEP have both approved sewage facilities planning for the property/subdivision described herein in accordance with the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.) and regulations promulgated thereunder. Prior to signing, executing, implementing, or recording any sales contract or subdivision plan, any purchaser or subdivider or any portion of this property should contact the appropriate officials of the Borough of Lansdale who are charged with administering the Sewage Facilities Act to determine the form of sewage facilities planning required and the procedure and requirements for obtaining appropriate permits or approvals.
B. 
Sewage facilities design. The design and installation of domestic sewage facilities shall be done in accordance with the Pennsylvania Domestic Wastewater Facilities Manual prepared by PADEP and Article VI, Engineering and Construction Standards.
C. 
Existing on-lot sewage disposal systems that will remain in use shall be inspected and certified as to their satisfactory functioning, in accordance with the Borough Sewage Facilities Plan, Montgomery County Health Department, and DEP standards. Malfunctioning systems shall be repaired or replaced with systems designed and constructed to current standards.
All lots and land developments must contain proper facilities for the management of solid waste, including recycling, in accordance with the following:
A. 
Residential developments with single-family homes may manage solid waste through a curbside collection service.
B. 
Developments without regular curbside collection shall have solid waste collection containers within enclosures. Enclosures shall be made of durable material in accordance with Article VI, Engineering and Construction Standards.
C. 
Solid waste storage facilities should be located in the following manner:
(1) 
Convenient to portions of the development where solid waste is generated.
(2) 
Accessible for trash collection trucks.
(3) 
Solid waste storage may be placed near building service entrances or loading docks, but may not be placed in any area used for parking or loading requirements.
(4) 
In apartment or condominium complexes with centralized waste storage, containers should be located in an area which is convenient to each grouping of 10 to 15 units or be located in a large enclosed facility at the entrance to the development.
(5) 
During the servicing of these containers (up to five minutes) it is important that internal circulation at the site is not impeded.
D. 
Operations. Trash storage containers shall be serviced at least once a week. Recycling containers may be serviced at a less frequent interval. If a dumpster contains food it shall be serviced every three days. A storage container shall have tight-fitting lids, secured at all times, and be leak-free. It shall also be cleaned out at least two times a year.
A. 
The stormwater management system shall be designed in accordance with the Borough Stormwater Management Ordinance and the Pennsylvania Stormwater Best Management Practices Manual.
B. 
Existing natural stormwater drainage systems shall be preserved and incorporated into the overall site stormwater management system.
C. 
Natural site conditions. New stormwater conveyance and control devices shall be designed to be compatible with natural site conditions.
D. 
Approval or construction in sections.
(1) 
Approval in sections. When subdivisions or land developments are submitted to the Borough Engineer for approval in sections, a complete storm sewer design for the entire proposed subdivision and land development shall be submitted.
(2) 
Construction in sections. If only a section of a subdivision or land development is contemplated for construction, the applicant's engineer shall show how stormwater from each section will be managed to protect adjacent properties. If temporary construction is required, the engineer shall include such structures in the plan submitted.
E. 
Minimum grades inside stormwater basins and conveyance structures shall be 2% and maximum side slopes of any stormwater device should be 33% (3:1 slope).
F. 
Dispersal through site. Appropriate stormwater controls, best management practices, and conveyance facilities should be dispersed throughout the site and generally located close to the sources of stormwater release such as downspouts, culverts, and parking lots.
G. 
Maintenance of stormwater facilities. Prior to the granting of final approval of any subdivision or land development plan, the Borough must be satisfied through contractual arrangements that all stormwater facilities will be properly maintained. If all, or a portion, of the facilities will be on property which will be conveyed to an individual homeowners' association or any other eventual owner, the guarantees must be in such a form that they will carry through to the new owners.
H. 
Conveyance to two or more separate owners. If the land of the proposed subdivision or development will be conveyed to two or more separate owners, the applicant shall provide written assurance and deed restrictions to the Borough that the stormwater management structures will be properly maintained by the owners, or if acceptable to the Borough, be dedicated to the Borough, which shall then be responsible for maintaining the stormwater management structures.
I. 
Easements and dedication. Where stormwater or surface water will be gathered within the subdivision or land development and discharged or drained over lands within or beyond the boundaries of the subdivision or land development, the applicant shall reserve or obtain easements over all lands affected. The easements shall be adequate for such discharge or drainage and for carrying off of such water and for the maintenance, repair, and reconstruction of the same, including the right of passage over, including vehicles, machinery, and other equipment for such purposes, and which shall be of sufficient width for such passage and work. The applicant shall offer the dedication, at no cost to the Borough, drainage easements to the Borough at the completion and stabilization of all improvements. If drainage easements are not accepted for dedication by the Borough, they shall be maintained by the owner of the property that uses them.
J. 
Storm drainage directed into an adjacent municipality. When storm drainage will be directed into an adjacent municipality, all provisions for accommodating such storm drainage shall be submitted to the governing body of that municipality for review and approval.
K. 
Discharge of roof runoff. Stormwater runoff from roofs shall not be discharged into the street right-of-way without approval by the Borough, upon review by the Borough Engineer, nor concentrated onto adjacent properties. It shall be returned to sheet flow or discharged into a structure adequately designed and approved by the Borough.
L. 
Properties shall be graded to secure proper drainage away from buildings and to allow the collection of stormwater in catch basins. Minimum 2% slopes away from structures shall be required.
M. 
Drainage from non-natural sources. Water originating from on-site machinery or filtration systems, such as air-conditioning units, sump pumps, or other dry weather flow, wherever practicable, shall be discharged into natural watercourses on the property. The discharge of water from these sources into the street is prohibited.
N. 
Storm sewers.
(1) 
Existing storm sewer accessibility. Where existing storm sewers are reasonably accessible and of adequate capacity, subdivisions and land developments shall connect to the existing storm sewers.
(2) 
All storm sewer pipes shall have a minimum diameter of 15 inches.
(3) 
Drainage easements. Drainage easements shall be provided to accommodate all storm drainage requirements and shall be a minimum of 30 feet in width. Storm sewers, as required, shall be placed in the road right-of-way, parallel to the roadway and shall be designed as a combination storm sewer and underdrain if necessary. When located in undedicated land, they shall be placed within an easement not less than 20 feet wide, as approved by the Borough Engineer.
(4) 
Drainage facilities design requirements. All drainage facilities shall be designed to adequately handle surface runoff and carry it to suitable outlets and shall be designed in accordance with the following minimum design standards.
(a) 
All storm drains and drainage facilities such as gutters, catch basins, bridges, inlets, and culverts shall be installed and the land graded for adequate drainage as shown on the grading plan submitted and approved with the final plan. Construction of these facilities shall generally conform with PADOT Specifications Publication 408 (latest version). Storm drains and appurtenances shall be required to be constructed by the applicant to take surface water from the bottom of vertical grades to lead water away from springs, and to avoid use of cross gutters at street intersections and elsewhere.
(b) 
The existing points of natural drainage discharge onto adjacent property shall not be altered without the written approval of the affected landowners.
(c) 
No stormwater runoff or natural drainage shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on the other private properties or public lands. In cases where additional stormwater flows will overload adjacent structures, the applicant shall be responsible for enlarging the facilities.
(d) 
Manholes. Manholes shall be constructed at all changes in horizontal or vertical alignment and as otherwise required in § 347-610, Utility locations, easements, and rights-of-way.
(e) 
Location within Borough rights-of-way. Storm sewer lines within street rights-of-way shall be placed at locations acceptable to the Borough. They shall be protected by a cover of at least 18 inches.
(f) 
Location within state rights-of-way. Drainage structures that are to be located within state rights-of-way shall be approved by PADOT, and a letter from the Department indicating such approval shall be submitted to the Borough.
A. 
Street trees shall be required along:
(1) 
All existing streets when they abut or lie within the proposed subdivision or land development, except where existing trees serve to meet the planting requirement.
(2) 
All proposed streets, whether public or private.
(3) 
Access driveways that serve five or more residential dwelling units.
(4) 
Access driveways that serve two or more nonresidential properties or uses.
(5) 
Major walkways through parking lots and between nonresidential buildings, as recommended by Borough Council, upon the recommendation of the Planning Commission.
B. 
Trees shall be planted no greater than 10 feet from the curbline of a public or private street.
(1) 
Trees shall be located so as not to interfere with the installation and maintenance of sidewalks and utilities. Trees shall be planted such that their trunks are a minimum distance of three feet from curbs and sidewalks, 12 feet from overhead utilities, and six feet from underground utilities.
(2) 
Tree species shall be selected based on appropriate growth rates and mature heights for use adjacent to overhead utility lines.
(3) 
Trees shall be planted at a rate of at least one tree per 40 feet of street frontage or fraction thereof. Trees shall be distributed along the entire frontage of the property, although they need not be evenly spaced.
(4) 
Trees, including species selected, shall comply with the requirements of § 347-438, General landscape design criteria, herein.
Use requirements. Buffer plantings shall be installed in subdivisions and land developments to integrate new development with its surroundings, to separate incompatible land uses by providing screening, to reduce wind, and to minimize or eliminate views of certain site elements in compliance with the following regulations:
A. 
Buffer plantings shall be required for the following types of development and as otherwise specified in the Borough Zoning Ordinance:
(1) 
All nonresidential development.
(2) 
All single-family detached, single-family attached, multifamily, and semi-attached (e.g., twin) residential development.
(3) 
All residential cluster development.
(4) 
All mobile home parks.
(5) 
Active recreational facilities.
(6) 
Construction of any of the following items which exceeds 400 square feet in ground coverage:
(a) 
Public utility facilities or structures.
(b) 
Waste collection, storage and/or treatment facilities.
(c) 
Any other structure of similar character or impact.
B. 
An on-site investigation by the applicant shall determine the adjacent land uses along each property boundary. In the case of vacant land, the existing zoning shall be used. The existing or zoned uses shall be noted on the plan. In the case when several uses are allowed on a site, the most restrictive landscaping requirements shall apply, as determined by the Borough.
Figure 4.5: Required Buffer Type
Existing Uses
Proposed Uses
Office/Institutional/Private Recreation
Commercial/Industrial
Multifamily/Single-Family Attached/Mobile Home
Twins/Duplexes/Single-Family Detached
Office/institutional
Softening
Softening
Filtering
Screening
Commercial/industrial
Filtering
Softening
Screening
Screening
Multifamily/single-family attached/mobile home
Softening
Filtering
Softening
Filtering
Active recreation
Softening
Filtering
Softening
Softening
C. 
Buffer area location and dimensions.
(1) 
A buffer planting area of not less than 15 feet in width shall be established along all property lines and external street boundaries of the tract proposed for subdivision or land development, unless otherwise specified in the Zoning Ordinance. Where zoning regulations allow building setbacks less than 15 feet, the buffer area may be reduced to equal the width of the minimum building setback.
(2) 
The buffer area shall be applied to the side and rears of lots. The buffer shall not apply where a right-of-way intervenes between lots.
(3) 
The buffer area shall be a continuous pervious planting area consisting of canopy trees, small understory trees, and shrubs, with grass or groundcover. No paving shall be permitted within the buffer areas except for driveway crossing and/or walkways.
(4) 
Parking is not permitted in the buffer area.
(5) 
Stormwater basins are permitted in the buffer area provided that the visual screening requirements of the buffer are met.
D. 
Minimum buffer planting requirements. The minimum planting requirements shall be determined by the intensity of the proposed land use and the adjacent land use, vacant land, or zoning district.
E. 
Minimum plant material requirements. The following requirements are minimum standards; additional plant material, grading treatments, or architectural elements may be included in the plan, at the applicant's discretion. Every 100 linear feet of property line or external street boundaries of the tract proposed for subdivision or land development shall be buffered with the following minimum quantities, types, and sizes of plant material:
Figure 4.6: Required Buffer Components
Buffer Type
Softening
1 canopy tree (2 2 1/2 inches min. caliper)
2 understory trees (1 1/2 inches min. caliper)
2 evergreen trees (8 feet min. ht.)
Filtering
2 canopy trees (2 2 1/2 inches min. caliper)
2 understory trees (1 1/2 inches min. caliper)
5 evergreen trees (8 feet min. ht.)
5 shrubs (24 inches min. ht.)
Screening Buffer:* (Choose one of four options)
Option 1:
8 evergreen trees (8 feet min. ht.)
2 understory trees (1 1/2 inches min. caliper)
2 canopy trees (2 2 1/2 inches min. caliper), and
10 shrubs (24 inches min. ht.)
Option 2:
Fence or wall
30 upright evergreen shrubs (4 feet min. ht.; shrubs shall be located on the outer side of buffer, closer to neighboring property than fence or wall)
Option 3:
15 upright evergreen shrubs (4 feet min. ht.)
4 ornamental trees (1 1/2 inches min. caliper) or
3 canopy trees (2-2 1/2 inches min. caliper)
Option 4: an alternative planting design that will result in at least an equivalent degree of visual screening to one of the above screening buffers.
Limited Area Buffer** (At the discretion of the Borough Council, the applicant may substitute this buffer for another where space is limited [in such cases, Council shall select one of the two options]).
Option 1: 1 upright evergreen shrub per three feet (4 feet min. ht.)
Option 2: 4-6 foot solid fence or wall
*
A screening buffer must be adequate to visually screen the proposed land use or development from off-site view. Several different planting options could be used to create an effective buffer. Grading treatments and architectural features, such as walls, fences and/or naturally undulating berms may be required in addition to the minimum planting quantities in order to effectively provide a visual screen.
**
The limited area buffer can be used in older developed areas where space for planting is severely restricted. The planting screen would be equivalent to an evergreen hedge planting. Alternative planting arrangements, such as shade or flowering trees with deciduous shrubs, could be considered in conjunction with a fence or wall, at the discretion of municipality.
F. 
Mitigation of visual impacts.
(1) 
The use of a screening buffer planting shall be required to mitigate the adverse visual impacts that the proposed land uses or site elements have on the subject tract, adjoining properties and the community in general. In addition to the requirements for buffer plantings as listed in Figure 4.5: Required Buffer Type, the following proposed land uses and site elements shall be screened from off-site with a screening buffer planting:
(a) 
Dumpsters, trash disposal, recycling areas, and mechanical equipment (dumpsters shall also comply with § 347-618, Solid Waste Storage Facilities).
(b) 
Service and loading docks.
(c) 
Outdoor storage areas.
(d) 
Sewage treatment plants and pump stations.
(2) 
Existing topographic conditions, such as embankments or berms, in conjunction with existing vegetation, may be substituted for part or all of the required buffers at the discretion of the governing body. The minimum visual effect shall equal or exceed that of the required buffer or screen.
(3) 
Constructed berms or other architectural elements such as walls or fencing may be permitted to augment part of the landscape buffering requirements.
G. 
Design standards for fences/walls used as buffers. When a fence or wall is proposed to be used to fulfill a buffer requirement, the following standards shall apply:
(1) 
Fences shall be solid or opaque, and shall be constructed of wood, material designed to appear as wood, or decorative metal. Chain link fencing with slats shall not qualify as solid or opaque. Fences shall otherwise conform to all other applicable standards in the Zoning Ordinance.
(2) 
Walls shall be constructed of masonry or brick, but shall not include unpainted cinder block.
(3) 
Both walls and fences shall be no higher than six feet.
Parking lots should be landscaped with trees and shrubs to reduce the visual impact of glare from headlights, and parking lot lights; to delineate driving lanes; and define rows of parking. Furthermore, parking lots should be adequately landscaped to provide shade in order to reduce the amount of reflected heat and to improve the aesthetics of parking lots.
A. 
Planting regulations. All parking lots shall be landscaped according to the following regulations:
(1) 
Parking islands.
(a) 
One planting island shall be provided for every 15 parking stalls. There shall be no more than 15 contiguous parking stalls in a row without a planting island.
(b) 
As an alternative to the previous planting island requirement (planting islands located every 15 contiguous parking spaces) the applicant may provide one canopy tree for every 10 parking spaces in other planting island areas and in perimeter parking planting areas at the discretion of Borough Council.
(c) 
Planting islands shall be a minimum of nine feet by 18 feet in area. Unless designed to function as part of the stormwater management system, planting islands shall be underlain by soil, mounded up to at least six feet above the paved parking or drive area, and shall be protected from vehicle traffic with curbing, wheel stops, or bollards. Each planting island shall contain one shade tree plus low-growing shrubs and/or groundcover over the entire area.
(d) 
Planting islands shall divide the ends of all parking rows from internal parking lot driving lanes.
(2) 
Planting strips. All planting strips shall be a minimum of 15 feet wide. Strips shall run the length of the parking row, be underlain by soil, and shall be protected with curbs, wheel stops, or bollards. Planting strips shall contain plantings of one canopy tree every 25 feet, plus shrubs and/or groundcover to cover the entire area at maturity. Unless otherwise described in this chapter, where required, all planting strips shall be a minimum of 15 feet wide and run the length of the parking row. Unless designed to function as part of the stormwater management system, planting strips shall be underlain by soil mounded up to six inches above the paved parking or drive area and shall be protected by curbs, wheel stops, or bollards.
(3) 
The placement of light standards shall be coordinated with the landscape plan to avoid a conflict with the effectiveness of light fixtures.
(4) 
Plant materials shall comply with the requirements of § 347-617, Plant materials specifications, herein, and shall be selected from the Appendix: List of Recommended Plant Material.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
Residential parking lots.
(1) 
Parallel rows of parking spaces, which are not separated by a driveway, shall be separated by a planting strip.
(2) 
A single row of parking spaces located parallel to and between two driveways shall be separated from one of the driveways by a planting strip, a minimum of eight feet wide.
(3) 
Parking lots with a capacity of greater than 40 cars shall be divided into smaller parking areas of no more than 40 stalls by planting strips.
(4) 
No less than 20 feet of open area shall be provided between the curbline of any parking area and the outside wall of the dwelling unit.
C. 
Nonresidential parking lots. Parking lots with a capacity of from 50 to 100 cars shall require a planting strip around the perimeter and one planting island for every 10 spaces within the perimeter of the lot. Parking lots for more than 100 cars shall be divided into sections no greater than 100 stalls each by planting strips.
(1) 
These planting strips shall be located parallel to the rows of parking, to serve the following purposes:
(a) 
To separate main access (entrance-exit) driveways from rows of parking spaces.
(b) 
To separate other major driveways (service drives, general internal circulation) from rows of parking spaces.
(c) 
To separate large parking areas into smaller units at intervals of not more than four rows of parking stalls.
(2) 
For parking areas with an ultimate capacity greater than 400 cars, the requirements may be modified by Borough Council to provide separation into units at intervals of six rows of parking stalls, with each unit capacity no greater than 100 cars.
(3) 
The applicant may request the Borough to permit an alternative design which achieves the purposes of these parking area requirements as well or better than the requirements herein. The final decision to permit an alternative design shall be made by Borough Council, with the advice of the Borough Planning Commission and Engineer.
D. 
Screening requirement. All parking lots shall be screened from public roads and from adjacent properties according to the following:
(1) 
For parking lots of at least 20 spaces, the parking lot screen along a street shall be composed of each of the following requirements:
(a) 
Wall or fence, between 30 inches and 48 inches in height, comprised of masonry or wrought iron or a combination thereof, but no unfinished cinder block.
(b) 
Shrubs, at least half of which shall be evergreen, planted three feet to four feet on center, outside an opaque wall or fence, but may be located either inside or outside a wrought iron fence.
(c) 
One shade tree, planted every 25 feet on center, or two shade trees and four understory trees per 100 feet of perimeter.
(d) 
Where trees are planted, a gap is permitted in the fence, wall, or line of shrubs.
(2) 
For parking lots of less than 20 spaces, the parking lot screen along a street shall be composed of one of the following options:
(a) 
Wall or fence, between 30 inches and 48 inches in height, comprised of masonry or wrought iron or a combination thereof, but no unfinished cinder block, which shall also include shrubs planted three feet to four feet on center.
(b) 
Opaque wall or fence, between 36 inches and 48 inches in height.
(3) 
For parking lots of any size which are located in the side yard and directly abut an adjacent property where no right-of-way intervenes, a filtering buffer or Option 2 of screening buffer as per § 347-424E above shall be provided. If the principal use of the property is already subject to a buffer requirement as per § 347-424, Buffer plantings, the stricter of the two shall apply.
(4) 
For the purposes of aesthetics or pedestrian access, breaks of six feet in a wall or fence used for screening a parking lot are permitted, provided the breaks are a minimum of 32 feet apart.
(5) 
To encourage flexibility, the number of shrubs can be reduced up to 50% to allow greater use of grasses and perennials in a design. One square foot of perennial planting for every linear foot of total buffer may be used.
A. 
All new streets and additions to existing streets shall:
(1) 
Be offered for dedication to the Borough. The Borough may accept or refuse dedication of any street.
(2) 
Conform with the transportation element of the Lansdale Comprehensive Plan and county or state highway plans, and be designed to conform with the existing street system.
(3) 
Provide appropriate access between abutting tracts of land for immediate or future use.
(4) 
Create a road hierarchy among interior subdivision and land development streets and exterior streets to insure proper through-traffic flow, local access, and internal traffic distribution and flow.
(5) 
Conform to existing topography to assure reasonable grades, alignment and drainage, appropriate access to lots, and to minimize regrading and removal of vegetation.
(6) 
Be designed to continue existing streets at equal or greater right-of-way and cartway width, as well as aligned with and connected to existing streets, where applicable, as recommended by the Borough Engineer and Planning Commission.
(7) 
Include curbs and sidewalks installed along all existing and proposed public and private streets and common parking areas except when this requirement is waived at the discretion of Borough Council upon recommendation of the Borough Planning Commission and Engineer.
B. 
Street names shall be assigned in accordance with § 347-616, Street names.
A. 
Whenever an applicant proposes to establish a street which is not offered for dedication of public use or when dedication is not accepted, Borough Council shall require the applicant to submit, and also to record with the plan, a copy of the agreement made with the Borough addressing the ownership, access rights, and maintenance responsibilities for that street. Such streets shall be constructed in conformance with the Borough Engineering standards for public streets. Maintenance responsibility shall be outlined and defined by the applicant and reviewed by the Borough prior to final approval. When, in the determination of Borough Council, it becomes necessary for the Borough to assume responsibility for a private street in order to maintain the health, safety, and welfare of the residents of the Borough, the Borough may do so and assess the property owner(s) or abutting owners who use the street for any improvements necessary to restore the street to conformance with Borough specifications.
B. 
Residential private streets. Private streets may be permitted by Borough Council to provide access to land which abuts its right-of-way. Private streets shall comply with the following:
(1) 
The minimum right-of-way or equivalent right-of-way shall be 50 feet.
(2) 
Minimum paved cartway width shall be 18 feet.
(3) 
Streets shall be built in accordance with the construction and engineering standards in Article VI of this chapter.
(4) 
An irrevocable right-of-access shall be guaranteed to all properties whose access depends upon the private street, by means of legal agreement or covenants, subject to approval by Borough Council as advised by the Borough Solicitor.
(5) 
The legal access agreements and/or covenants shall be:
(a) 
Clearly noted on the subdivision or land development plans for all properties using private streets for access.
(b) 
Included in the deeds for all properties having these access rights.
(c) 
Recorded in the Montgomery County Office of the Recorder of Deeds.
(d) 
Clear and specific with regard to property owner's rights to further subdivision or land development, especially in regard to the need to receive approval from the private street owner and/or waiver from the requirement of this chapter.
(6) 
The private street may be owned by one or more of the property owners who have right-of-access or may be jointly owned by an association of these property owners.
(7) 
When several properties use a private street, maintenance shall be guaranteed by the formation and administration of an association or other legally binding organization of all land owners with access rights.
(a) 
Documents governing such associations shall be subject to approval of Borough Council upon the advice of the Borough Solicitor, shall be filed with the Borough, and shall be recorded with the deed for each property with access rights.
(b) 
All property owners in such an association or other type of organization shall have a share in the rights and bear a share of the costs and other burdens of maintenance, as specified in the access agreements and/or covenants. This share shall also apply to the assessed costs for upgrading to public street standards, in accordance with the construction and engineering standards in Article VI of this chapter.
(c) 
If one or more property owners in the association or other type of organization believe that the street is not being properly maintained, and cannot succeed in having the association or other type of organization authorize or conduct proper remedies, then that/those property owner(s) may request the Borough to authorize an inspection of the street by the Borough Engineer. The cost of the inspection shall be paid by those property owners requesting the inspection. If the Borough Engineer determines that the street is not being properly maintained, the Borough may take corrective actions against the entity maintaining the road.
(8) 
Borough Council reserves the right to order the private street to be upgraded to meet all of the standards and requirements for a public street, if, at any time it deems the road to be a health or safety hazard for reasons of improper or inadequate maintenance.
(a) 
The full costs of upgrading the street, including engineering, legal and related costs, shall be assessed against the owner of the road. The share of the assessment to be determined by the association's legal access agreements and/or covenants recorded for the private street.
(b) 
Prior to such action by Borough Council, the landowners with access rights shall be notified, in writing, by certified mail, of the pending action. The landowners will have 30 days from the date of such notice to propose an alternative solution acceptable to Borough Council.
(9) 
Additional provisions.
(a) 
Any vehicular accessway which provides the primary access to more than three lots or housing units, but is not offered for dedication as a public street, shall be considered a private street subject to these requirements.
(b) 
Not more than 10 dwelling units may be served by a private street which has access to a public street (private dead-end or cul-de-sac street) if the street is not owned and managed by a homeowners association or owner of the entire property.
(c) 
Emergency access to a private street which has only one public street access may be required.
(d) 
For private cul-de-sac streets, a suitable turnaround shall be provided, subject to the approval of the Borough Engineer. A forty-foot radius paved bulb turn-around is preferred, but other configurations may be used if acceptable to the Borough Engineer.
(10) 
Further subdivision or land development of any lot depending upon a private road for vehicular access where properties and streets are under multiple ownership or not subject to a homeowners association is prohibited if it would exceed the number of lots permitted, maximum length of a cul-de-sac, or any other applicable requirements contained in this chapter. If an applicant requests such further subdivision, the following standards shall apply:
(a) 
The street must be upgraded to meet all the standards and requirements for public street construction, and must be offered for dedication to the Borough; or
(b) 
Further subdivision may be permitted and the street may remain private, if Borough Council approves the waiver of necessary design standards.
(c) 
The applicant shall apply in writing to Borough Council for approval to upgrade the street or to be granted appropriate waivers.
(d) 
Application to Borough Council shall include written approval from the association or organization which controls the street for the applicant to seek Borough approval for upgrading or waivers.
(e) 
Upgrade of the street or waivers should not be approved by Borough Council approval is first received from the association or other organization which controls the street.
(f) 
The costs of upgrading a private street to public street standards including the dedication, and/or costs involved in granting waivers shall be borne by the association of individual property owners in accordance with the association's legal access agreements and/or covenants.
(11) 
An individual private driveway may be legally reclassified and physically upgraded and improved to become a private street upon approval of Borough Council.
(a) 
A right-of-way shall be established to contain the private street in compliance with the requirements herein.
(b) 
The private driveway shall be physically improved to comply with private street construction and paving width standards, as well as applicable dimension standards.
(c) 
Maintenance shall be guaranteed as established for private street in this chapter.
(d) 
Upgrading of existing individual driveways to private street status is encouraged where it would take the place of several individually owned and maintained access strips.
(12) 
Parking shall not be permitted within the minimum eighteen-foot-wide cartway of a private street, but may be permitted outside the cartway in a manner that does not interfere with the free movement of emergency vehicles along the private street.
(a) 
The legal access agreements and/or covenants shall guarantee free unobstructed access throughout the minimum eighteen-foot-wide cartway. If violations occur, attempts should be made to resolve the problems within the structure of the association or organization which controls the street. Under situations of repeated and/or flagrant violations, individual property owners may request police enforcement of free and unobstructed access.
(b) 
If there is a continuing access problem caused by improper parking, Borough Council shall notify the owner of the private street or homeowners association, in writing, that the problem must be corrected by some means satisfactory to the Borough Engineer or Solicitor, depending upon whether the solution is a physical or legal remedy.
(c) 
If, after written notification, the owner or association or organization which controls the road fails to correct the parking problem, Borough Council may order the upgrading of the private street to public street standards as specified herein. The owner or association or organization which controls the road shall have 30 days from the date of written notification to propose a solution to the parking problem.
(13) 
In considering applications for waivers of private street standards, Borough Council shall consider the following:
(a) 
Number of lots and/or dwelling units in excess of the permitted maximum.
(b) 
Whether or not more lots could be proposed along the private street, in conformance with the applicable zoning, in addition to those proposed in conjunction with the waiver application. For example, one additional unit may be acceptable in itself, but may not be acceptable if a potential would exist for five more lots.
[1] 
Borough Council may require the applicant to submit a sketch plan and/or information showing the approximate maximum number of lots and/or dwelling units which could be created under the applicable zoning requirements, on all lands serviced by the private street.
[2] 
When conditions are considered favorable for limited additional subdivision under the private street access, Borough Council may request deed restrictions against further subdivision as a condition of final approval of the subdivision.
(c) 
Ability of a private street to be served by an emergency access as a condition of granting a waiver.
(d) 
Characteristics of properties, neighborhood and private street(s) involved:
[1] 
Configuration of the properties.
[2] 
Lot sizes and development characteristics, with particular regard to avoiding congested appearance and functioning.
[3] 
Topography, including vegetation and other environmental characteristics.
[4] 
Character of land and development surrounding the properties in question, including their development status and potential development.
(e) 
Whether or not requiring a public street would have an appreciable benefit to the properties and/or the Borough in terms of access and traffic circulation.
(f) 
The economic impact of permitting the waiver compared to requiring a public street.
C. 
Nonresidential private streets. Private streets may be permitted by Borough Council to provide access to various nonresidential developments or lots.
Every street, road, or highway within the Borough shall be classified by its function, and shall be subject to the requirements for its classification as contained in this article. These classifications are based on the Montgomery County Comprehensive Plan which incorporates standards established by the American Association of State Highway and Transportation Officials (AASHTO), and used by PADOT. Street classifications are intended to provide appropriate standards for each road, as well as to coordinate street functions and improvements among neighboring municipalities, the region, and the state. The classifications are as follows:
A. 
Arterials. Arterial roads provide a high degree of mobility in order to better serve trips of longer length. Since access to abutting property is not their major function, access controls are desirable to enhance mobility. They are further classified as follows:
(1) 
Principal arterials. The design standards for principal arterials are contained in Figure 4.7: Road Design Standards. Principal arterials generally provide between two and four lanes of travel depending upon traffic volume and land use density. Urban principal arterials may have wider travel lanes and should have parking lanes. Both urban and rural principal arterials generally have posted speeds of 45 miles per hour dependent upon local site conditions.
(2) 
Minor arterials. Minor arterials interconnect with and augment principal arterials in serving major activity centers. They typically accommodate trips between three miles and five miles in length. They are spaced at intervals consistent with population density and carry vehicles within or between several municipalities of the county. The only difference between rural and urban design for minor arterials is the location of a parking lane on urban arterials. Lastly, they link other communities not connected by principal arterial and provide key connections between roads of higher classification. The design standards for minor arterials are included in Figure 4.7: Road Design Standards.
B. 
Collectors. Collector roads serve a dual function of providing a mix of accessibility and mobility. They typically serve trips of up to four miles in length and channel or distribute traffic to or from a road of a higher classification. They are further subclassified as major and minor collectors.
(1) 
Urban collectors: These types of roads provide a combination of mobility and access with a priority on mobility. Ideally access is partially controlled with preference given to through traffic. Access is permitted with at grade intersections and major access driveways of selected land uses such as a retail or employment center. Few if any individual driveways should be permitted off of urban collections. Urban collectors may accommodate trips within and between neighboring municipalities and may serve as the major road through large industrial complexes or office parks or provide key connections between roads of higher classification. The typical posted speed is 35 miles to 40 miles per hour. The design standards for urban collectors are in Figure 4.7: Road Design Standards.
(2) 
Rural collectors: Rural collectors provide a combination of access and mobility with more emphasis on access. They allow more access to abutting properties with little or no restriction. Individual driveway access is permitted. Generally rural collectors accommodate trips only within a small segment of a municipality. They are spaced at intervals to collect traffic from local roads and neighborhoods and channel it to urban collectors and arterials. Finally rural minor collectors may serve as a major road through a residential neighborhood. Rural minor collectors serve the same function as urban collectors, though due to their location, they handle smaller volumes of traffic and generally have smaller travel lanes and shoulders. The typical posted speed is 25 miles to 35 miles per hour. The design standards for minor collectors are in Figure 4.7: Road Design Standards.
C. 
Local roads. Local roads and streets have relatively short trip lengths, generally not exceeding one mile. Because property access is their main function, there is little need for mobility and high operating speeds. This function is reflected by use of lower posted speed between 25 miles and 35 miles per hour. Through traffic is discouraged from using local roads. Local roads can only provide a link between individual properties and the collector road network. Rural local roads can be more narrow due to the lower volumes of traffic expected on them. Local roads should be oriented on an east-west axis to maximize the potential solar access on adjoining lots.
347 Figure 4-7 Road.tif
(1) 
Residential streets. New streets or extensions of existing streets in residential developments function primarily to provide vehicular access and street frontage for each lot. The design standards for residential streets are in Figure 4.7: Road Design Standards. Parking on both sides will be assumed on residential streets unless no driveways take access on them or the development otherwise provides significant off street public parking which is convenient to all the proposed houses.
(2) 
Nonresidential access streets: These streets shall function primarily to provide vehicular access and street frontage for industrial, office, institutional, and commercial lots and land uses. The standards for nonresidential access streets are in Figure 4.7: Road Design Standards.
(3) 
Alleys: Alleys are small service roads which provide a secondary access to lots and buildings. They should not be more than 800 feet in length and should have a paved cartway of 12 feet with two-foot clear stabilized grass or gravel shoulder area.
Sight distance, horizontal, and vertical curvature, super-elevation, and maximum and minimum street grades shall be determined by the Borough Engineer in compliance with the standards contained in A Policy on Geometric Design of Highways and Streets, published by the American Association of State Highway Transportation Officials (AASHTO), most recent edition, or PADOT standards, whichever is more suitable to site conditions. In addition, the following standards and guidelines shall be complied with:
A. 
Minimum horizontal and vertical curvature for all local access streets shall conform with the standards in Figure 4.8: Street Alignment and Intersection Standards.
B. 
Long radius, gentle curves shall be used rather than shorter radius curves connected by tangents particularly where truck traffic is anticipated.
C. 
Curve-tangent relationships shall follow accepted engineering guidelines for safety and efficiency. For example, minimum radius curves shall not be used at the ends of long tangents.
D. 
Street grades shall be measured along the center line in accordance with the following:
(1) 
Minimum grade for all streets shall be 1%.
(2) 
Maximum grades for arterials and collectors shall be 5% and for residential streets shall be 10%.
(3) 
Curve-grade combinations shall follow accepted engineering guidelines for safety and efficiency. For example, minimum-radius horizontal curves will not be permitted in combination with maximum grades.
(4) 
At all approaches to intersections, street grades shall not exceed 4% for a minimum distance of 50 feet from the intersection of curblines or the edges of cartways.
All street intersections shall be governed by the standards of this section and the appropriate PADOT or AASHTO Standards.
A. 
Number of streets. Not more than two streets shall intersect at the same point.
B. 
Three-way/four-way intersections. Three-way or "T" intersections should be used instead of four-way intersections involving local streets intersecting arterial or collector streets unless the four-way intersection would promote necessary and desirable traffic movements or where traffic signals or four-way stop signs are proposed.
347 Figure 4-7 Street.tif
C. 
Angle of intersections.
(1) 
All intersection approaches shall be designed at 90° angles for a minimum of 50 feet from the edge of the cartway.
(2) 
Where angled intersections are used they should be no less than 65° and designed so that the heavier traffic flow will make the obliquely angled turn rather than the acutely angled turn.
D. 
Improvements to existing intersections. When existing streets intersect at odd angles or have more than four approaches, the applicant shall improve the intersection, to bring it into compliance with this chapter, as required by Borough Council, based upon advice of the Borough Engineer and Planning Commission and other technical advisors or agencies, as appropriate. For state and county highways, improvements shall comply with the requirements of the appropriate agency having jurisdiction over the road.
E. 
Radii of pavement and right-of-way at intersections. Street intersections shall be rounded with tangential arcs at pavement edge (curbline) and right-of-way lines as indicated in Figure 4.8: Street Alignment and Intersection Standards.
F. 
All radii specified herein must be increased if large trucks, fire trucks, or other emergency vehicles would have difficulty with ingress or egress as determined by the Borough Fire Marshal.
G. 
Waiver of improvements. Borough Council may waive the above requirements for improvements to intersections under one or more of the following conditions:
(1) 
When changes made on the applicant's land will not improve the intersections deficiencies.
(2) 
When other road improvements are already planned which would correct the problem without changes required of the applicant.
(3) 
When not required by PADOT where the intersections are under their jurisdiction.
H. 
Single-access street intersections.
(1) 
Single access streets shall be established beginning at a three-way intersection perpendicular to a through street.
(2) 
Four-way intersections may be created using two permanent single access streets intersecting directly opposite one another along a through street, when the through street is a local street.
I. 
All intersections shall provide clear sight distance in compliance with AASHTO and PADOT standards.
J. 
Street intersection spacing shall be in compliance with the regulations contained in this section, measured from center line to center line.
(1) 
The applicant shall prepare a vehicular access analysis, for all street intersections proposed along arterial and collector streets.
(2) 
The spacings listed Figure 4.8: Street Alignment and Intersection Standards shall be considered minimum spacing. Where greater spacing is required in compliance with AASHTO or PADOT standards, the greater spacing distances shall be applied, as determined by the Borough Engineer.
(3) 
Offset intersections. In any case where the center lines of street intersections are, or would be, within 150 feet of each other, they shall be made to coincide by relocating the street within the applicant's land, unless additional problems of sight distance or other safety-related problems would be created. As an alternative, relocation further away from the offset intersection may be done in compliance with the intersection spacing requirements contained herein, when approved by Borough Council.
Any street which is served by only one intersection with a through street shall be considered a single-access street, regardless of the street's configuration within the proposed subdivision or land development.
A. 
Single-access streets shall be classified as one of the following:
(1) 
Single-access loop streets.
(2) 
Cul-de-sac street.
(3) 
Stub streets.
B. 
Single-access loop streets shall be subject to the requirements for their street classification and the following additional requirements.
(1) 
Shall not serve more than 300 average daily trips.
(2) 
In addition to required sidewalks, shall be served by an appropriately located pedestrian access when required by Borough Council to connect surrounding neighborhoods and pedestrian destinations.
C. 
Cul-de-sac streets.
(1) 
Shall be permanently closed to vehicular traffic at one end.
(2) 
Shall be identified by a standard warning sign stating "No Outlet" when deemed appropriate by Borough Council to help avoid mistaken turning movements.
(3) 
Shall not be permitted when a through street is possible for the tract under consideration. All cul-de-sac streets must be approved by Borough Council, with the Borough reserving the right to reject any and all cul-de-sac streets proposed. The following shall be used to determine the necessity of the cul-de-sac:
(a) 
Adverse topography such as steep slopes, floodplain, streams, etc.
(b) 
The shape of the tract does not lend itself to a through street.
(4) 
Shall be a minimum 250 feet but not exceed 800 feet in length. Measurement of the length shall be made from the center line of the abutting through road or point of intersection with another cul-de-sac to the center line of the turnaround, measured along the cul-de-sac street's center line.
(5) 
Shall be provided with a vehicular turnaround at the closed end with a right-of-way radius of at least 50 feet, and a paved radius of at least 40 feet. Alternative vehicular turnaround designs are encouraged to improve traffic flow and overall design of the subdivision. If an off-set bulb turnaround is used, the bulb should be configured to the left of the approaching road center line. In addition, parking may be prohibited on the cul-de-sac by order of the Fire Marshal.
(6) 
A permanent easement for snow removal may be required at cul-de-sac bulb. The easement shall have a minimum length along the right-of-way line of 40 feet and a depth of 15 feet. When curbing is required, a curb depression shall also be placed in this easement area. No shrubbery, fence, mail box, or any other obstruction shall be placed within the easement to hinder the placement of the snow.
(7) 
Shall not extend from a single-access loop street.
(8) 
Existing temporary cul-de sac streets, stub streets, and rights-of-way located on adjacent parcels, whether improved or not, shall be used by the applicant to connect with their proposed roadway system. It shall be the responsibility of the applicant to complete all roadway improvements at their expense within the existing rights-of-way of adjacent parcels.
(9) 
Shall be served by an appropriately located and constructed emergency accessway when required by Borough Council using the following standards:
(a) 
Minimum cartway width shall be 10 (12') feet.[1]
[1]
Editor's Note: So in original.
(b) 
Pavement shall satisfy the standards of the Borough Engineer.
(c) 
Emergency accessways shall be maintained through properly recorded easements or deed restrictions which at a minimum prohibit the planting of any vegetation except grass within the accessway.
(d) 
May be made available for pedestrian access.
(10) 
Landscaped cul-de-sac islands are encouraged for private streets, but shall not be accepted for dedication by the Borough. Landscaped cul-de-sac islands shall conform to the following standards:
(a) 
Shall be located within the bulb of a cul-de-sac and be concave for use as part of the stormwater management infrastructure. Efforts should be made to retain the existing vegetation on the site within these islands.
(b) 
Shall have a maximum radius of 24 feet and be surrounded by paving on all sides.
(c) 
Shall be designed to allow for emergency vehicle access into the cul-de-sac.
(d) 
In the event that right-of-way grading will not permit the retention of existing vegetation in a cul-de-sac, the landscaping proposed for the island shall be of low-maintenance varieties as approved by Borough Council. The landscaping plan shall specifically describe the maintenance required for any landscaping proposed on the landscape island.
D. 
Stub streets or temporary culs-de-sac.
(1) 
Shall be provided in appropriate locations for vehicular access to abutting undeveloped lands when required by Borough Council, upon advice of the Borough Planning Commission and Engineer.
(a) 
The length shall be designed in accordance with cul-de-sac street standards.
(b) 
The width and other road improvements of temporary stub streets or temporary culs-de-sac shall generally conform with the future functional classification of the roadway once it is fully connected.
(2) 
Shall be provided with a vehicular turnaround that meets cul-de-sac standards.
(3) 
Shall be constructed to the property line in accordance with the standards of this chapter applicable to the classification of streets it will be upon extension.
A. 
The term "driveway" as used here refers to every entrance or exit used by vehicular traffic to or from properties abutting a Borough, county, or state road. The term includes proposed private streets, lanes, alleys, courts, and other ways.
B. 
Driveways with the following characteristics will be reviewed in the manner prescribed below:
(1) 
When any residential dwelling driveways will access an existing arterial or collector street.
(2) 
For all nonresidential proposals which require a new driveway or upgrading of an existing driveway.
(3) 
For all proposals where driveways would generate 25 or more vehicular trips per day, based on I.T.E. trip generation standards.
C. 
Following evaluation by the Borough, the applicant may submit plans to the state, county, or Borough for formal review and, as appropriate, approval and issuance of permits.
D. 
No driveway location, classification, or design shall be considered finally approved by the Borough unless highway occupancy or access permits have been granted by the state, county, and/or Borough and preliminary plan approval has been granted by Borough Council for the subdivision and/or land development which the driveway(s) will serve.
E. 
Driveway intersections with streets:
(1) 
Shall provide adequate sight distance in compliance with the standards established by PADOT.
(2) 
Shall not cause or contribute to:
(a) 
Hazards to the free movement of normal street traffic.
(b) 
Traffic congestion on the street.
(c) 
Interference with the design, maintenance, and/or drainage of the street.
(3) 
Shall be designed and constructed in compliance with Chapter 441 of Title 67 the Pennsylvania Code unless Borough standards are more restrictive.
F. 
In order to facilitate safe and efficient access between streets and driveways, the number of driveways permitted to serve individual parcels of land shall be kept to the minimum needed to adequately serve the parcel in question. Shared access between adjoining lots should be considered first.
(1) 
Properties with frontages of 100 feet or less may be permitted not more than one driveway intersection with a street. Exceptions may be made when adjacent property owners share parking, or when the need is determined in a traffic study prepared by a qualified traffic engineer.
(2) 
Not more than two driveway intersections with the same street may be permitted for any parcel of land unless anticipated traffic volumes warrant more than two, and then only when supported by a traffic study prepared by a qualified engineer warrants more than two driveway intersections.
G. 
Driveway intersections serving individual parcels of land may be prohibited by Borough Council where such intersections would create congestion, interference, and/or hazards to traffic flow and safety by reason of street grades, land forms, vegetation, frequency of driveway intersections, limited sight distances, and/or high speed traffic flow. In such cases, Borough Council may permit reasonable alternative forms of vehicular access to the parcel of land by means of:
(1) 
Marginal access streets or driveways.
(2) 
Reverse frontage lotting.
(3) 
Other means which are legally and technically suitable in the opinions of the Borough Solicitor and Engineer.
H. 
Where driveway intersections are prohibited by Borough Council and alternative forms of vehicular access would cause an undue burden upon an applicant, Borough Council may permit an alternative interim access solution in compliance with the following:
(1) 
It is the safest feasible alternative, acceptable to the Borough Engineer and/or PADOT.
(2) 
Suitable provisions are made for a preferable permanent access solution, consistent with § 347-432G, including legal agreements to enable implementation of the permanent solution.
I. 
Distance from street intersections. Driveways shall be located as far from street intersections as is reasonably possible.
J. 
Choice of streets. When a lot adjoins streets of different classes, the driveway shall provide access to the street of lesser classification unless this requirement is waived by Borough Council for reasons of sight distance, incompatibility of traffic, grading, drainage, or other major reasons.
K. 
Sight distance determinations. Determination of sight distances at intersections of new driveways and streets with existing Borough roads shall be in accordance with the following provisions.
(1) 
Access driveways shall be located at a point within the property frontage limits which provides at least the minimum safe stopping sight distance (SSSD), as determined by the standards within PA Chapter 441 (Access to and Occupancy of Highways by Driveways and Local Roads) of Title 67 of the Pennsylvania Code.
(2) 
The calculated minimum SSSD shall be measured from a point 10 feet back of the pavement edge and 3 1/2 feet above the road surface.
(3) 
If the minimum required SSSD's cannot be achieved, the Borough may exercise one or more of the following options:
(a) 
Prohibit left turns by exiting vehicles.
(b) 
Restrict turning movements to right turns in and out of a driveway.
(c) 
Require installation of a right turn acceleration lane or deceleration lane.
(d) 
Require installation of a separate left turn standby lane.
(e) 
Alter the horizontal or vertical geometry of the roadway.
(f) 
Deny access to the road.
L. 
Driveway materials. All driveways construction materials, including those parts of driveways used as parking, shall only consist of concrete, pervious concrete, asphalt, or pavers, and not of gravel or grass.
A. 
Bridges and culverts shall be designed to meet current AASHTO or PADOT Standards to support expected loads and to pass design stormwater flows. They shall be constructed to the full width of the planned cartway. Allowance for safe pedestrian crossing must also be made.
B. 
Where county-owned roads or bridges are involved, the County Roads and Bridges Division must review and approve all proposals.
C. 
It is unlawful to construct any bridge, culvert, or other water obstruction, or to make any change in or addition to, any existing water obstruction, or in any manner change or diminish the course, current, or cross-section of any stream or body of water, without first having made written application to and obtained a permit or consent in writing from PADEP.
D. 
The following information is required when a bridge is to be constructed:
(1) 
Drawings to include:
(a) 
Location plan;
(b) 
Cross-section of present bridge if one exists;
(c) 
Profile of stream for a reasonable distance above and below bridge site, showing slopes of bed, normal water surface and flood water surface.
(2) 
The total drainage area above the bridge site;
(3) 
Description of watershed;
(4) 
Length of stream from source to bridge site and to the mouth;
(5) 
Character of stream bed and banks;
(6) 
Extent and depth of overflow during floods;
(7) 
Effect of previous floods upon bridges, their span and clearance;
(8) 
Whether bridge will be within backwater influence of the stream.
E. 
A complete set of structural computations and drawings shall be submitted with plans involving construction of bridges and culverts.
Parking and related internal driveways shall be governed by the following regulations.
A. 
General.
(1) 
The specific purposes to be served by these requirements are:
(a) 
To add visual character and improve the appearance of parking areas by reducing their massiveness into smaller units.
(b) 
To integrate parking areas into the pedestrian circulation system.
(c) 
To provide shade for parked cars and reduce heat islands, stormwater run-off, and air pollution.
(d) 
To reduce random vehicular flow across parking areas.
(e) 
To permit a high level of visibility for those uses for which visibility is an important factor.
(f) 
To facilitate snow removal and storm drainage, and to conserve energy in construction and resurfacing operations, by laying out the paving surface with minimal obstructions.
(2) 
The terms "parking lot," "parking area," and "parking" are interchangeable. "Parking" includes the driveway which provides direct access to the parking spaces.
(3) 
Off-street parking facilities shall be provided in compliance with the parking requirements of the Borough Zoning Ordinance and the regulations contained herein.
(4) 
Construction materials for parking areas of one- or two-family dwellings, including driveways used as parking for such dwellings, shall only consist of concrete, pervious concrete, asphalt, or pavers, and not of gravel or grass.
(5) 
Parallel parking shall be used along roads where needed. Angled parking may be permitted along public or private streets or within parking lots, when it is specifically designed to address potential safety issues associated with vehicles using the parking. Perpendicular parking shall not be permitted along public or private streets though angled parking may be used in select locations.
(6) 
Stormwater storage/infiltration facilities, such as vegetated swales, infiltration galleries, or seepage beds beneath parking areas should be used. These facilities avoid the generally negative visual impacts of surface detention or retention facilities, and enhance groundwater recharge, with the attendant positive effects on stream flows and quality. Other stormwater management controls such as rain gardens and porous pavement shall be used in parking lot design.
B. 
All parking lots.
(1) 
Parking shall not be permitted along driveways which serve as the entrance(s) or exit(s) to parking areas with a capacity of 50 vehicles or more. A minimum driveway length of 50 feet shall be provided between the road ultimate right-of-way line and the first parking space or internal driveway intersection in parking lots with 50 vehicles or more.
(2) 
Parking areas shall be set back from tract boundary lines and right-of-way lines in compliance with the requirements of the Zoning Ordinance. In any case not regulated by the Borough Zoning Ordinance, parking areas shall not be located closer than 15 feet from any tract boundary line unless a public right-of-way intervenes.
(3) 
Where the edge of an existing parking area is located close to a street, driveway, or other parking area and the property is proposed for subdivision and/or land development, a minimum separation of 10 feet shall be provided between these features unless a shared parking or cross-access arrangement is proposed. This spacing shall consist of a landscaped area with planting in conformance with § 347-438, General landscape design criteria, herein.
(4) 
Dead-end parking areas shall not be used when the required parking capacity can be accommodated in a layout that permits more convenient vehicular movements. However, extraneous through-traffic flow should be avoided.
(a) 
Up to 30 parking spaces may also be located in a dead-ended parking area if there is no more desirable alternative feasible, and sufficient back-up areas are provided for the end stalls.
(b) 
More than 30 parking spaces may be located in a dead-ended parking area only if a turnaround area is provided at the closed end, suitable for passenger car turning. The turnaround area may be circular, "T" or "Y" shaped, or other configuration acceptable to Borough Council.
(5) 
Parking spaces designed for the exclusive use by disabled persons shall be installed in all parking lots as close and convenient to building entrances as is reasonable. The specific number and locations of handicapped stalls shall be in conformance with the Americans with Disabilities Act (ADA).
(6) 
Provisions for pedestrian safety within a parking lot shall be required by providing sidewalks, delineated crosswalks, traffic calming devices, and other measures.
C. 
Parking area dimensions.
(1) 
Parallel parking stalls shall have minimum dimensions of nine feet in width by 22 feet in length.
(2) 
Perpendicular parking stalls shall have minimum dimensions of nine feet in width by 18 feet in length with a twenty-two-foot aisle.
(3) 
At the discretion of Borough Council the minimum length of parking stalls may be reduced by one foot if stalls are designed to allow vehicles to overhang an area of grass or other pervious surface. Bumper stops shall be provided which allow the parked vehicle to extend at least one foot over the edge of the pavement.
(4) 
Where parking stalls abut sidewalks, parked vehicles shall not overhang the sidewalks unless the sidewalk is widened by two feet. Wheel stops are required in order to allow for full pedestrian use of the sidewalks.
(5) 
Parking spaces for physically disabled persons shall be 13 feet wide and equal in depth to the spaces abutting them in accordance with standards developed under the Americans with Disabilities Act (ADA).[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(6) 
Long-term parking areas. In parking lots which service the parking needs of commuters or employees and have limited turnover of vehicles or where vehicles are stored such as auto dealers, parking stalls may have minimum dimension of 8 1/2 feet in width by 17 feet in length with a twenty-two-foot aisle. Borough Council may allow a twenty-foot aisle under one of the following conditions.
(a) 
The parking area will be used by smaller vehicles;
(b) 
The parking area lot serves less than 20 vehicles;
(c) 
The parking aisles intersect driveways on both sides;
(d) 
The parking lot serves as vehicle storage or valet parking; or
(e) 
Elevated or underground parking is used.
(7) 
Short-term parking areas. In parking lots that service retail areas with high turnover or where shoppers are loading merchandise into vehicles, stalls shall have a minimum dimension of 10 feet in width by 20 feet in length with a twenty-two-foot aisle.
(8) 
Angled parking shall have the same width dimensions as 90° parking and the following depth and aisle dimensions:
(a) 
For 75° parking, the length measured at right angles to the edge of parking shall be 19 1/2 feet with an aisle dimension of 20 feet.
(b) 
For 60° parking, the length measured at right angles to the edge of parking shall be 19 feet with an aisle dimension of 14 feet.
(c) 
For 45° parking, the length measured at right angles to the edge of parking shall be 17 feet with an aisle dimension of 11 feet.
D. 
Shared access. When required by Borough Council upon recommendation of the Borough Planning Commission, applicants shall create agreements for shared vehicular access as the preferred means of reducing the total number of curb cuts for traffic safety and congestion reasons. Nonresidential lots shall provide cross-access easements for parking areas and driveways guaranteeing access to adjacent lots. Interconnections shall be logically placed and easily identifiable to ensure convenient traffic flow in accordance with § 347-421, Solid waste management.
(1) 
Nonresidential lots shall provide cross-access easements for parking areas and driveways guaranteeing access to adjacent lots. Interconnections shall be logically placed and easily identifiable to ensure convenient traffic flow.
(2) 
When two or more abutting lots share an access driveway, the driveway should be designed as the main access to those lots, and one or more existing access driveways should then be closed.
(3) 
Where development of three or more adjoining parcels consolidates vehicular access into one shared driveway, that driveway may be upgraded into a medium volume driveway according to PADOT standards.
(4) 
Shared access may be located entirely on one lot or be split among a common lot line.
(5) 
Access easement and maintenance agreements or other suitable legal mechanisms shall be provided, in a form acceptable to Borough Council in consultation with the Borough Solicitor.
(6) 
Liability safeguards for all property owners and lessees served by the shared access shall be guaranteed to the satisfaction of Borough Council in consultation with the Borough Solicitor.
E. 
Driveways within sites proposed for nonresidential development. The following requirements apply to all driveways within all sites proposed for nonresidential land development.
(1) 
A smooth transition shall be provided between the driveway section required for access to a public street and other driveway(s) required for internal site circulation.
(2) 
Main access driveways (entrance-exit) and service driveways handling large trucks shall be a minimum paved width of 30 feet, with one lane in each direction, unless otherwise required by PADOT standards governing the volume of traffic anticipated.
(3) 
Access driveways for cars and other small vehicles which are clearly secondary in importance may be reduced to 20 feet in paved width, unless otherwise required by PADOT standards governing the volume of traffic anticipated.
(4) 
Interior storefront driveways in shopping centers shall be a minimum paved width of 28 feet, to allow one lane in each direction and a dropoff/pickup lane along the sidewalks.
(5) 
Driveways along other nonresidential buildings shall be a minimum paved width of 22 feet, except where a dropoff/pickup lane is proposed.
(6) 
Parking aisles shall be a minimum of 22 feet wide with two-way traffic flow for convenience and efficiency except where one-way traffic is used to access angled or parallel parking.
(7) 
Wherever feasible, internal circulation driveways shall extend from access drives in locations which permit and encourage entering traffic to turn and enter the parking aisles without first travelling along a building-front driveway. This feature is intended to reduce the volume of vehicular traffic along building-front driveways to make it safer for pedestrian traffic.
Curbing shall be installed along all existing and proposed public and private streets, common driveways, and common parking areas.
A. 
When utilizing an approved stormwater management technique, Borough Council may waive curbing requirements in full or partially. Grass swales and infiltration trenches along streets are encouraged in appropriate locations in the Borough provided that pedestrian safety and traffic circulation are addressed.
B. 
The Borough may waive the installation of sections of curbing when adjoining sections of the road do not have curbing and in the opinion of the engineer it would be better to install the curbing at the same time that curbing is installed along the adjoining sections of the roadway. In these cases, payments shall be required to fund the installation of the curbing at a future time when other sections of curbing along the roadway are installed.
C. 
Handicap-accessible curb cuts that meet the requirements of the American Disabilities Act[1] shall be installed at all intersections where sidewalks are provided or proposed.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
D. 
The applicant shall otherwise comply with Chapter 329, Sidewalks, Curbs and Driveway Aprons, of the Borough Code.
A. 
All proposed nonresidential structures shall incorporate the following minimum plant materials in the landscaping areas adjacent to the proposed structure:
(1) 
One canopy tree (two to 2 1/2 inches minimum caliper) or two understory trees (eight feet minimum height) shall be planted for every 50 feet of proposed building facade facing a public street.
(2) 
Five deciduous or evergreen shrubs (18 inches minimum height) shall be planted for every 20 feet of proposed building facade facing a public street.
(3) 
Planting areas shall be a minimum of 150 square feet with a minimum ten-foot width.
(4) 
A minimum of 25% of the area between the building facade and the property frontage shall consist of pervious planting areas.
B. 
At the discretion of the governing body, if sufficient planting space is not available immediately adjacent to the proposed structure, required building facade plantings may be located on the other areas of the tract.
Landscaping shall be required in and around all stormwater management basins and natural areas according to the following:
A. 
All areas of stormwater management basins, including basin floors, side slopes, berms, impoundment structures, or other earth structures, shall be planted with suitable vegetation such as naturalized meadow plantings or lawn grass specifically suited for stormwater basins.
(1) 
Trees and shrubs shall be planted in and around stormwater basins if they do not interfere in the proper function of the basin and no trees are planted within 30 feet of an outlet/drain structure, emergency spillway, or dam. A minimum of two trees and 10 shrubs per 100 linear feet of basin perimeter shall be planted in and around the basin.
(2) 
Naturalized ground cover plant species, such as wildflowers, meadows, and nonaggressive grasses specifically designed for the permanently wet, intermittently wet, and usually dry areas of stormwater basins, shall be seeded in the floors and slopes of the basin and meet the following requirements:
(a) 
The plantings provide a satisfactory continuous cover for all areas of the basin.
(b) 
The plantings do not interfere with the safe and efficient function of the basin as determined by the Borough Engineer.
(3) 
Lawn grass areas may be sodded or hydro-seeded to minimize erosion during the establishment period. Once established, these turfgrass areas shall be maintained at a height of not more than six inches.
(4) 
Stormwater basins shall be screened from adjacent properties using the buffer plantings standards according to § 347-434.
B. 
Additional vegetation shall be planted in natural resource protection areas including riparian corridors wherever existing trees do not meet the minimum tree planting requirements.
(1) 
Existing trees within natural resource areas shall be preserved and retained. Existing tree cover should be surveyed and inventoried to assess the need for any new plantings. Existing tree species included on the noxious/invasive plant species list, Appendix,[1] should be removed where conditions warrant.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Planting requirements.
(a) 
New trees shall be planted at a minimum rate of 15 feet on center or one tree per 225 square feet in staggered rows or an equivalent informal arrangement within the riparian area.
(b) 
New trees shall be a variety of sizes ranging from a minimum four- to five-foot branched whip to an approximate 1 1/2 inch balled and burlapped planting stock.
(c) 
New tree plantings shall be composed of native riparian tree species.
(d) 
Tree plantings in riparian areas shall be located along the streambank to provide shade for the stream, soil erosion control and stormwater benefits, according to accepted stream bank restoration practices.
(e) 
Trees planted in natural areas inventory sites should conform to the management requirements the Montgomery County Natural Areas Inventory.
A. 
Plantings shall be placed in arrangements and locations to best mitigate the adverse impacts of the proposed site development. The required plant material shall be distributed over the entire length and width of any required buffer area.
B. 
Plantings shall be spaced to comply with the visual mitigation requirements with consideration given to the provision for the future growth habits and mature sizes of selected plant species.
C. 
Plant species selection shall be based on the following considerations:
(1) 
Existing site conditions and their suitability for the selected plants based on the site's soils, hydrology and microclimate.
(2) 
Specific functional objectives of the plantings which may include but not be limited to visual screening, noise abatement, energy conservation, wildlife habitat, erosion control, stormwater management, and aesthetic value.
(3) 
Maintenance and replacement considerations such as hardiness, resistance to insects and disease, longevity, availability, and cost of plant materials.
(4) 
A minimum variety of tree species is required as follows:
Number of Trees
Minimum Number of Tree Species
Maximum % of Any One Species
0 to 5
1
100
6 to 15
2
50
16 to 30
3
40
31 to 50
4
30
51+
6
20
D. 
Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plant material at the discretion of Borough Council. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer. In order for existing vegetation to qualify for required buffer plantings, proof must be provided to demonstrate that adequate protection measures, particularly in the plant's root zone, are incorporated into the plan.
E. 
Plant materials shall meet the specifications of § 347-617, Plant materials specifications.
F. 
In the event that a developer requests a waiver from the landscaping requirements of this article on the basis that compliance with such requirements would represent a manifest hardship, the grant of any such waiver may be conditioned upon the payment to the Borough of a fee in lieu of planting such required landscaping in accordance with the following:
(1) 
The developer shall provide sufficient plans and documentation to establish what landscaping is to be waived and to permit the proper evaluation of the effect of the grant of the proposed waiver and the reasons for such waiver.
(2) 
The fee shall be based upon the value of the required landscaping that is to be waived. The calculation of which value shall be performed by the developer and shall be based on the costs of materials, installation and guaranty of the landscaping that is not to be installed.
(3) 
The fee in lieu of the provision of the required landscaping shall be used, unless the developer paying such fee shall agree otherwise, only for the purpose of providing for the planting of trees and other landscaping in parks of the Borough or along the streets or highways of the Borough.