The following principles, standards and requirements
will be applied by the Borough Council and Planning Commission to
evaluating plans for proposed subdivision or land developments. The
standards and requirements outlined herein shall be considered minimum
standards and requirements for the promotion of the public health,
safety, morals and general welfare. Where literal compliance with
the standards herein specified is clearly impractical, the Borough
Council may modify or adjust the standards to permit reasonable utilization
of property while securing substantial conformance with the objectives
of this chapter.
A.
Land shall be suited to the purposes for which it
is to be subdivided or developed.
B.
Land which is unsuitable for development because of
hazards to life, safety, health, or property, shall not be subdivided
or developed until such hazards have been eliminated or unless adequate
safeguards against such hazards are provided for in the Subdivision
or Land Development Plan. Land included as having unsuitable characteristics
would be the following:
(1)
Land subject to flooding or which has a high ground
water table.
(2)
Land which, if developed, will create or aggravate
a flooding condition upon other land.
(3)
Land subject to subsidence.
(4)
Land subject to underground fires.
(5)
Land containing significant areas of slopes greater
than 10%.
(6)
Land which, because of topography or means of access,
is considered hazardous by the Borough Council.
(7)
Land which is subject to ground pollution or contamination.
C.
Proposed subdivisions of land developments shall be
coordinated with existing nearby neighborhoods so that the community
as a whole may develop harmoniously.
A.
Proposed streets shall be properly related to such
street plans or parts thereof as have been officially prepared and
adopted by the Borough and shall be coordinated with existing or proposed
streets in adjoining subdivisions or land developments.
B.
Proposed streets shall further conform to such county
and state road and highway plans as have been prepared, adopted or
filed as prescribed by law.
C.
Streets shall be related to the topography so as to
produce usable lots and acceptable grades.
D.
Access shall be given to all lots and portions of
the tract in the subdivisions or land development and to adjacent
unsubdivided territory unless the topography clearly indicates that
such connection is not feasible. Streets giving such access shall
be improved to the limits of the subdivision or land development and
shall be improved to Borough specifications. Reserve strips and land-locked
areas shall not be created.
E.
Streets shall be laid out to preserve the integrity
of their design. Local access streets shall be laid out to discourage
their use by through traffic and, where possible, arterial streets
shall be designed for use by through traffic.
F.
Where the proposed subdivision or land development
contains or is adjacent to an existing or proposed arterial street
or a highway designated as a limited access highway by the appropriate
highway authorities, provisions shall be made for marginal access
streets at a distance acceptable for the appropriate use of the land
between the arterial street or limited access highway and the marginal
access streets. The Borough Council may also require rear service
areas, double frontage lots, or such other treatment as will provide
protection for abutting properties, reduction in the number of intersections
with primary streets, and separation of local and through traffic.
G.
Half or partial streets will not be permitted in new
subdivisions or land developments except where essential to reasonable
subdivision or development of a tract in conformance with the other
requirements and standards of this chapter and where, in addition,
satisfactory assurance for dedication of the remaining part of the
street can be secured.
H.
Wherever a tract to be subdivided or developed borders
an existing half or partial street, the entire street shall be shown
on the plan.
I.
Dead-end streets shall be prohibited, except as stubs
(with adequate turning capability) to permit future street extension
into adjoining tracts, or when designed as culs-de-sac.
J.
New reserve strips, including those controlling access
to streets, shall be forbidden.
K.
Where adjoining areas are not subdivided, the arrangement
of streets in a proposed subdivision or land development shall be
made to provide for the proper projection of streets into the unsubdivided
land.
L.
Street names shall be coordinated with existing or
platted street names, and if a new street is a continuation of or
is aligned with an existing or platted street, it shall bear the same
name as the existing or platted street.
M.
No street shall be laid out or opened which extends
to or crosses any boundary between the Borough and any other municipality
except with the specific approval of the Borough Council and upon
such condition as the Borough Council may impose. If the street is
proposed to serve a commercial area, an industrial area or a residential
area of 50 dwelling units or more, located in another municipality,
the street shall not be approved unless the area is also served by
a street in the other municipality and unless the relevant traffic
facilities of the Borough are adequate to handle the anticipated volume.
N.
All streets shall have a uniform width throughout their respective lengths except where otherwise required by the Borough Council pursuant to § 380-19B(3).
A.
Street classification.
(1)
Three functional classifications are hereby established
for the streets and roads in Borough of Coudersport:
(a)
Arterial. This classification includes highways
which provide intracounty or inter-municipal traffic of substantial
volumes where the average trip lengths are usually five miles or greater.
Generally, these highways should accommodate operating speeds of 35
to 55 miles per hour.
(b)
Collector. This classification is intended to
include those highways which connect local access highways to arterial
highways. They may serve intracounty and intratownship traffic. They
may serve as traffic corridors connecting residential areas with industrial,
shopping and other service. They may penetrate residential areas.
Generally, these highways will accommodate operating speeds of 35
miles per hour.
(c)
Local access. This classification is intended
to include streets and roads that provide direct access to abutting
land and connections to higher classes of roadways. Traffic volumes
will be low and travel distances generally short. These streets and
roads should be designed for operating speeds of 25 miles per hour
or under.
B.
Right-of-way widths.
(1)
Minimum widths for each type of public street shall
be as follows:
|
Type of Street
|
Right-of-Way Width
(feet)
|
Cartway Width
(feet)
| |
|---|---|---|---|
|
Arterial
|
80 to 120
|
46
| |
|
Collector
|
66
|
40
| |
|
Local access
|
66
|
36
|
(2)
Where a proposed subdivision abuts or contains an
existing public street or road having a right-of-way width less than
would be required if said street or road were created under this chapter,
sufficient additional width for right-of-way shall be provided and
dedicated to meet the foregoing standards.
(3)
Additional right-of-way and cartway widths may be
required by the Borough Council to promote public safety and convenience
when special conditions require it and to provide parking space in
areas of intensive use.
C.
Cul-de-sac streets.
(1)
Cul-de-sac streets, whether permanent or temporary,
shall be provided at the closed end with a turnaround having a minimum
radius to the edge of the finished street or curb line of not less
than 50 feet.
(2)
Unless future extension is clearly impractical or
undesirable, the turnaround right-of-way shall be placed adjacent
to a property line and a right-of-way of the same width as the street
shall be carried to the property line in such a way as to permit future
extension of the street into the adjoining tract. At such time as
such a street is extended, the overage created by the turnaround outside
the boundaries of the extended street shall revert in ownership to
the property owners fronting on the cul-de-sac turnaround.
(3)
Commercial and industrial culs-de-sac shall be reviewed
for adequacy by the Borough Engineer. His recommendations will be
given to the Borough Council who shall have final authority in this
matter.
(4)
Permanent cul-de-sac streets shall be kept to a minimum
and shall not exceed 600 feet in length.
D.
Street alignment.
(1)
Whenever street lines are deflected by more than 5°,
connection shall be made by horizontal curves.
(2)
The minimum radius at the center line for horizontal
curves on collector and arterial streets shall be 300 feet, and for
local streets the minimum radius shall be 100 feet.
(3)
On local access streets, the minimum tangent between
reverse curves shall be at least 100 feet; on collector and arterial
streets, the minimum tangent shall be at least 250 feet.
(4)
Minimum vertical sight distance measured four feet
above grade shall be 300 feet for collector and arterial streets and
100 feet for local access streets.
E.
Street grades.
F.
Street intersections.
(1)
Local streets shall not intersect with collector or
arterial streets on the same side at intervals of less than 800 feet
as measured from center line to center line.
(2)
The distance between center lines of streets opening
onto the opposite side of a proposed or existing street shall be not
less than 150 feet unless the streets are directly opposite each other.
(3)
Multiple intersections involving the junction of more
than two streets shall be avoided. Where this proves impossible, such
intersections shall be designed with extreme care for both pedestrian
and vehicular safety.
(4)
Streets shall be all laid out to intersect as nearly
as possible at right angles. Local streets shall not intersect collector
or arterial streets at an angle of less than 75°. The intersection
of two local streets shall not be at an angle of less than 60°.
(5)
Minimum curb radius at the intersection of two local
streets shall be at least 20 feet; and minimum curve radius at an
intersection of a local street and a collector or arterial street
shall be at least 25 feet.
(6)
There shall be provided and maintained at all intersections
clear sight triangles of 75 feet in all directions measured along
the center line from the point of intersection. Nothing which obstructs
the vision of a motorist shall be permitted in this area.
(7)
Intersections shall be designed with a flat grade
wherever practical. Where the grade of any street at the approach
to an intersection exceeds 7%, a leveling area shall be provided having
a grade of not greater than 4% for a distance of 25 feet measured
from the nearest right-of-way line of the intersecting street.
G.
Pavement design.
(1)
All components of the pavement structure shall be
designed and constructed in accordance with Pennsylvania Department
of Transportation Specifications, Form 408.
(2)
Minimum requirements. The following shall be considered
to be minimum standards for street construction in the Borough of
Coudersport:
|
Alternates
|
Type
|
Local Access Streets
(inches)
|
Collector and Arterial Streets
(inches)
| |
|---|---|---|---|---|
|
Rigid pavement
|
Plain cement concrete subbase
|
6
6
|
6
6
| |
|
Flexible pavements
| ||||
|
Surface base
|
ID-2
Bituminous
|
1 1/2
4
|
1 1/2
6
| |
|
Subbase
|
6 (if required)
|
6 (if required)
| ||
|
Surface base
|
ID-2
Crushed aggregate (regular or dense grade)
|
3
6
|
3
10
| |
|
Subbase
|
6 (if required)
|
9 (if required)
| ||
|
Surface base
|
ID-2
Modified stone aggregate
|
3
8
|
3
10
| |
|
Subbase
|
6 (if required)
|
9 (if required)
|
A.
Curbs.
(1)
Curbs shall be provided on all streets and parking
compounds located within multifamily and apartment building developments.
Curbs shall also be required on new streets in subdivisions or land
developments in which the average lot width of interior lots at the
required building setback line is 100 feet or less. Curbs may also
be required in any subdivision in which the lot areas or lot widths
exceed the above minimum, when the center line street grade of any
street exceeds 3%. In such cases curbs or other drainage controls
shall be installed to properly control surface drainage and protect
the streets from erosion. The requirement of the curbs may be waived
at the discretion of the Borough Council.
(2)
All curbs shall be depressed at intersections to sufficient
width to accommodate wheelchairs. Depression shall be in line with
sidewalks where provided.
(3)
Curbs may be either the vertical type or rolled curb
and gutter type. Rolled curb and gutter shall not be used on collector
streets. The transition from one type of curb to another shall occur
only at street intersections.
(4)
All curbs shall be constructed of Portland cement
concrete with expansion joints every 20 feet, and shall follow PennDOT
standards where applicable.
B.
Sidewalks.
(1)
Sidewalks shall be provided on all streets and parking
compounds located within multifamily and apartment building developments.
Sidewalks shall also be required on new streets in subdivisions or
land developments in which average lot width of interior lots at the
required building setback line is 100 feet or less. The requirement
of sidewalks may be waived at the discretion of the Borough Council.
(2)
Minimum widths for sidewalks along each type of public
street shall be four feet, and shall follow PennDOT specifications
where applicable.
A.
Lots shall be laid out and graded to provide positive
drainage away from buildings. The Borough Council may require a grading
and drainage plan for individual lots indicating a buildable area
within each lot, complying with the setback requirements, for which
positive drainage is assured.
B.
No person, corporation, or other entity shall block,
impede the flow of, alter, construct any structure, or deposit any
material or thing, or commit any act which will affect normal or flood
flow in any communal stream or watercourse without having obtained
prior approval from the Borough or Department of Environmental Resources,
whichever is applicable.
C.
Where a subdivision or land development is traversed
by a natural watercourse, there shall be provided a drainage easement
or right-of-way conforming substantially with the line of such watercourse
and of such width as will be adequate to preserve natural drainage.
D.
The Borough will assure that all permanent streams,
not under the jurisdiction of other official agencies, are maintained
open and free flowing.
E.
The subdivider or developer, and each person, corporation,
or other entity which makes any surface changes shall be required
to:
(1)
Collect on-site surface runoff and dispose of it to
the point of discharge into the common natural watercourse of the
drainage area.
(2)
Design drainage facilities to handle runoff from upstream
areas, assuming full development of those areas, based upon the comprehensive
plan for the Borough of Coudersport.
(3)
Design, construct, and/or install such drainage structures
and facilities as are necessary to prevent erosion damage to the subdivision
or land development, adjacent property and downstream property. Such
structures and facilities shall satisfactorily convey such surface
waters to the nearest practical street, storm drain, detention pond,
or natural watercourse.
F.
Storm sewers, culverts, and related installations
shall be provided to permit unimpeded flow of natural watercourses,
to drain all low points along streets, and to intercept storm water
runoff along streets at intervals reasonably related to the extent
and grade of the area drained.
G.
Storm sewers, as required, shall be placed in front
of the curb or curb line when located in a street right-of-way. When
located in undedicated land, they shall be placed within an easement
not less than 15 feet wide, as approved by the Borough Engineer, who
may require additional width of easement as circumstances warrant.
H.
Street drainage will not be permitted to cross intersections
or the crown of the road.
(1)
Maximum spacing of street inlets shall not exceed
600 feet.
(2)
All street inlets shall be PennDOT Type C or M. Inlet
tops shall be cast in place reinforced concrete or precast concrete.
(3)
All culvert ends shall be provided with either reinforced
concrete headwalls or pipe end sections.
(4)
Minimum pipe size shall be fifteen-inch diameter.
(5)
When material for storm drain systems is not specified,
PennDOT specifications will govern.
I.
All springs and sump pump discharges shall be collected
so as not to flow in the streets.
J.
Stormwater roof drains shall not discharge water directly
over a sidewalk.
K.
Stabilized outlets shall be provided for footer drains,
floor drains, and downspouts.
L.
The Soils Cover Complex Method of the Soil Conservation
Service of the U. S. Department of Agriculture shall be used as the
primary means of estimating stormwater runoff.
M.
The Rational Method may be used for analysis of storm
sewer systems and for stormwater management facilities in minor subdivisions.
N.
Where the estimated runoff based upon the above methods
is doubtful, several recognized methods should be studied and compared.
O.
The minimum design criteria shall be a ten-year storm.
Higher frequency conditions shall be used in sensitive areas and where
an overflow would endanger public or private property.
P.
Runoff calculations must include complete hydrologic
and hydraulic design and analysis of all control facilities.
Q.
Control facilities.
(1)
Permanent control measures/facilities shall be designed
to assure that the maximum rate of stormwater runoff is not greater
after development than prior to development for a ten-year storm frequency.
More stringent criteria may be required in sensitive areas where storm
water problems presently exist.
(2)
Control facilities shall be designed to meet, as a
minimum, the design standards and specifications of the "Erosion and
Sedimentation Control Handbook for Potter County."
(a)
Detention ponds may be waived by the Borough
Council on the recommendation of the Borough Engineer at sites in
close proximity to the major streams. This is to facilitate drainage
prior to stream flooding.
(b)
In areas underlain with limestone geology, ponds
shall be limited to the detention (dry) type unless the developer
can show a special need for a retention pond, in which case it shall
have a lining. Detention ponds shall be prohibited in areas of known
sinkholes unless the pond is lined. If a sinkhole develops in a pond
or channel before acceptance by the municipality, a lining shall be
required.
(c)
Any ponds with slopes steeper than three to
one shall be fenced with a six-foot fence with a type subject to the
approval of the municipality.
(3)
A maintenance program for control facilities must
be included as part of the grading and drainage plan.
(a)
Maintenance during development activities of
a project shall be the responsibility of the contractor, developer,
and owner.
(b)
Arrangement for maintenance of permanent control
facilities after completion of development activities shall be made
before approval of final plans is given by the Borough Council.
[1]
In cases where permanent control facilities
are owned by an entity, it shall be the responsibility of that entity
to maintain control facilities (e.g., homeowner's association). In
such cases a legally binding agreement between the owner and the Borough
shall be made providing for maintenance of all permanent erosion control
facilities, including the inspection by the Borough.
A.
Blocks and lots shall be graded to provide proper
drainage away from buildings and to prevent the collection of storm
water in pools. Minimum 2% slopes away from structures shall be required.
B.
Lot grading shall be of such design as to carry surface
waters to the nearest practical street, storm drain, or natural watercourse.
Where drainage swales are used to deliver surface waters away from
buildings, their grade shall not be less than 1% nor more than 4%.
The swales shall be sodded, planted or lined as required. A grading
and draining plan shall be required for all subdivisions and land
developments, except minor subdivisions.
C.
No final grading shall be permitted with a cut face
steeper in slope than two horizontal to one vertical except under
one or more of the following conditions:
(1)
The material in which the excavation is made is sufficiently
stable to sustain a slope of steeper than two horizontal to one vertical,
and a written statement of a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, to that effect
is submitted to the Borough Engineer and approved by him. The statement
shall state that the site has been inspected and that the deviation
from the slope specified hereinbefore will not result in injury to
persons or damage to property.
(2)
A concrete or stone masonry wall constructed according
to sound engineering standards for which plans are submitted to the
Borough Engineer for review and approval is provided.
D.
No final grading shall be permitted which creates
any exposed surface steeper in slope than two horizontal to one vertical
except under one or more of the following conditions:
(1)
The fill is located so that settlement, sliding or
erosion will not result in property damage or be hazardous to adjoining
property, streets, alley, or buildings.
(2)
A written statement from a civil engineer, licensed
by the Commonwealth of Pennsylvania and experienced in erosion control,
certifying that he has inspected the site and that the proposed deviation
from the slope specified above will not endanger any property or result
in property damage, is submitted to and approved by the Borough Engineer.
(3)
A wall is constructed to support the face of the fill.
E.
The top or bottom edge of slopes shall be a minimum
of three feet from property or right-of-way lines of street or alleys
in order to permit the normal rounding of the edge without encroaching
on the abutting property. All property lines, where walls or slopes
are steeper than one horizontal to one vertical and five feet or more
in height shall be protected by a protective fence no less than three
feet in height approved by the Borough Engineer.
F.
All lots must be kept free of any debris or nuisances
whatsoever.
A.
The length, width, shape, and design of blocks shall
be determined with due regard to the provision of adequate sites for
buildings of the type proposed, to the land use and/or zoning requirements
of the Borough, the topography of the land being subdivided, and the
requirements for safe and convenient vehicular and pedestrian circulation.
B.
Unless the topography of the land being subdivided
or the existing pattern of development in the immediately adjacent
area shall be otherwise than herein required, the following minimum
standards for the design and size of blocks and lots shall prevail:
(1)
Blocks shall not exceed 1,600 feet in length, nor
be less than 500 feet in length.
(2)
Residential blocks shall generally be of sufficient
depth to accommodate two tiers of lots, except where reverse frontage
lots bordering an arterial or collector street are used, or where
due to the contour of the land, or the necessary layout of the subdivision,
there is insufficient depth between intersecting streets for such
two tier design.
(3)
Crosswalks or interior pedestrian walks shall be required
in blocks exceeding 1,000 feet in length to provide for pedestrian
circulation or access to community facilities. Such walks shall be
paved for width of not less than four feet, shall be located in easements
not less than 10 feet in width, and shall, insofar as possible, be
located in the center of any such block.
(4)
Blocks for commercial and industrial areas may vary
from the elements of design contained in this section if the nature
of the use requires other treatment. In such cases, off-street parking
for employees and customers shall be provided along with safe and
convenient limited access to the street system. Space for off-street
loading shall also be provided with limited access to the street system.
Extension of streets, railroad access right-of-way, and utilities
shall be provided as necessary.
(5)
Lot lines intersecting street lines shall be substantially
at right angles or radial to street lines.
(6)
Lots shall, in general, front on a street which has
already been dedicated to the Borough, or which the subdivider or
developer proposes to dedicate to the Borough in connection with approval
of the final plan. In commercial or industrial subdivisions or land
developments where access is proposed to be provided by private streets
within the subdivision or land development, this requirement may be
waived by the Borough Council.
(7)
The Borough shall assign house numbers to each lot
within a subdivision.
(8)
Minimum lot sizes shall be in accordance with Chapter 450, Zoning, of the Code of the Borough of Coudersport.
(9)
Remnants of land, smaller than required for a lot,
shall not be permitted within any subdivision. Such remnants shall
be incorporated in existing or proposed lots, or dedicated to public
use if acceptable to the Borough Council.
(10)
Double frontage lots are prohibited except in accordance with § 380-23B(2) above.
A.
It is the policy of this Borough that all subdivided
lands shall have immediate access to a public street. Because of unique
property configuration and location, this Borough recognizes the need
for limited exceptions to the foregoing general policy.
B.
No subdivision will be approved on a private street
or road if more than two lots already front on such street or road
or if after subdivision more than two lots will front on such private
street or road.
A.
In order to promote the highest environmental quality
possible, the degree to which the applicant of a subdivision or land
development plan has preserved existing salient natural features and
land forms intrinsic to the site, shall be assessed. Terms of approval
of a plat may be subject to the manner in which the layout or design
of the plan has preserved existing natural features, such as, but
not limited to, trees, wooded areas and watercourse.
B.
Open space. Where the applicant is offering for dedication,
or is required by ordinance to establish a reservation of open space
or preserve an area of scenic or historic importance, a "limit of
work," which will confine excavation, earth moving procedures and
other changes to the landscape, may be required to ensure preservation
and prevent despoilation of the character of the area in open space.
C.
Tree preservation. Whenever possible, trees shall
not be removed unless they are located within the proposed street
right-of-way, within the proposed building area, or within utility
locations and equipment access areas. In areas where trees are retained,
the original grade level shall be maintained, if possible, so as not
to disturb the trees.
D.
Topsoil preservation. All of the topsoil from areas
where cuts and fills have been made should be stockpiled and redistributed
uniformly after grading. All areas of the site shall be stabilized
by seeding or planting on slopes of less than 10% and shall be stabilized
by sodding on slopes 10% or more and planted in ground cover on slopes
20% or greater.
E.
Landscaping. For all multifamily, apartment, office,
commercial, and industrial subdivisions or land developments, a landscaping
plan shall be provided and shall include sufficient plantings for
the required open space, planting strips, screenings, formal gardens,
shade trees and natural barriers.
F.
Buffer planting requirements. Buffer yard requirements should be as specified in Chapter 450, Zoning, of the Code of the Borough of Coudersport.
G.
Preserved landscaping. When there is a conscientious
effort to preserve the existing natural integrity and character of
a site and where such preservation effectuates areas of woodland and
trees comparable to required planting improvements, i.e., landscaping
and buffer screening, the plan may be received in lieu of additional
landscaping requirements.
H.
Trees. The planting of trees within the street right-of-way
line shall not be permitted. The planting of any trees within the
private property of each residential lot shall be at the discretion
of the property owner or developer.
I.
Watercourse protection. Where a subdivision or land development is traversed by a natural watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage. Such easement shall be in addition to the open space required in § 380-25B.
A.
It is the policy of this Borough to provide recreational
facilities for all the residents of the Borough of Coudersport. Centralized
facilities are preferred over local neighborhood facilities. New and
additional facilities are required in direct proportion to increase
in population. Developers causing increases in population by new residences
must share in the cost of additional recreational facilities.
B.
A contribution for recreation purposes shall be made
at the rate of $200 per dwelling unit payable upon and as a condition
of obtaining an occupancy permit pursuant to the ordinances of this
Borough.
C.
The requirements of Subsection B shall be noted upon the final subdivision plan, which notation shall be deemed not to constitute a lien or encumbrance on the title of the land.
D.
All monies paid to the Borough in this manner shall
be kept in a capital reserve fund established as provided by law.
Monies in such fund may be combined for investment purposes, if permitted
by law, but shall be used only for the acquisition of land or capital
improvements for open space and park and recreation purposes.
E.
The foregoing provisions of this section shall not
apply to any subdivision for which a preliminary plan has been approved
by this Borough before the effective date of this chapter which provides
for active recreational facilities (i.e., swimming pool, tennis courts,
baseball/softball fields, etc.) as distinguished from passive recreational
facilities (i.e., yards, open play fields, walking trails, etc.),
it being the intention of this Borough to extend a credit against
the monetary contribution above provided to any developer who has
heretofore planned to provide active recreational facilities agreeable
to the Borough.
A.
General purpose.
(1)
The Borough Council finds that the minimization of
erosion and control of sedimentation in connection with land development
and subdivision are in the public interest, affecting public health,
safety and welfare, and therefore those regulations governing erosion
control and sedimentation control are necessary for the Borough.
(2)
No changes shall be made in the contour of the land,
no grading, excavating, removal or destruction to the topsoil, trees
or other vegetative cover of the land shall be commenced until such
time that a plan for minimizing erosion and sedimentation has been
processed with and reviewed by the Borough Engineer and/or Potter
County Soil and Water Conservation District, or there has been a determination
by the above entities that such plans are not necessary.
(3)
No subdivision or land development plan shall be approved
unless:
(a)
There has been an Erosion and Sedimentation
Control Plan approved by the 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 ensure installation
and completion of the required improvements; or
(b)
There has been a determination by the Borough
Council that a plan for minimizing erosion and sedimentation is not
necessary.
(4)
Where not specified in this chapter, measures used
to control erosion and reduce sedimentation shall as a minimum meet
the standards and specifications of the Potter County Soil and Water
Conservation District. The Borough Engineer, or other officials as
designated, shall ensure compliance with the appropriate specifications,
copies of which are available from the Soil and Water Conservation
District.
B.
Performance principles. The following measures are
effective in minimizing erosion and sedimentation and shall be included
where applicable in the control plan:
(1)
Stripping of vegetation, regrading, or other development
shall be done in such a way that will prevent all but minor erosion.
(2)
Development plans shall preserve salient natural features,
keep cut-fill operations to a minimum, and ensure conformity with
topography so as to create the least erosion potential and adequately
handle the volume and velocity of surface water runoff.
(3)
Whenever feasible, natural vegetation shall be retained,
protected, and supplemented.
(4)
The disturbed area and the duration of exposure shall
be kept to a practical minimum.
(5)
Disturbed soils shall be stabilized as quickly as
practicable.
(6)
Temporary vegetation and/or mulching shall be used
to protect exposed critical areas during development.
(7)
The permanent final vegetation and structural erosion
control and drainage measures shall be installed as soon as practical
in the development.
(8)
Provisions shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after development. Where necessary, the rate of surface
water runoff will be structurally retarded.
(9)
Sediment in the runoff water shall be trapped until
the disturbed area is stabilized by the use of debris basins, sediment
basins, silt traps, or similar measures.
C.
Grading for erosion and other environmental controls.
In order to provide suitable sites for building and other uses, improve
surface drainage, and control erosion, the following requirements
shall be met:
(1)
Streets shall be improved to a mud-free or otherwise permanently passable condition as one of the first items of work done on a subdivision or development. The wearing surface shall be installed in accordance with § 380-19G and as approved in the final plan.
(2)
Provisions shall be made to prevent surface water
from damaging the cut face of excavations or the sloping surfaces
of fills, by installation of temporary or permanent drainage across
or above these areas.
(3)
Fill shall be placed and compacted so as to minimize
sliding or erosion of the soil.
(4)
Fills placed adjacent to watercourses shall have suitable
protection against erosion during periods of flooding.
(5)
During grading operations, necessary measures for
dust control will be exercised.
(6)
Grading equipment will not be allowed to enter into
flowing streams. Provisions will be made for the installation of temporary
or permanent culverts or bridges.
D.
Responsibility.
(1)
Whenever sedimentation damage is caused by stripping
vegetation, grading or other development, it shall be the collective
responsibility of the land developer and subdivider, and of the contractor,
person, corporation and other entity causing such sedimentation to
remove it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible.
(2)
Maintenance of all erosion and sedimentation control
facilities during the construction and development period is the responsibility
of the land developer or subdivider.
(3)
It is the responsibility of any developer or subdivider,
and any person, corporation, or other entity doing any act on or across
a communal stream, watercourse or swale, or upon the floodplain or
right-of-way, to maintain as nearly as possible in its present state
the stream, watercourse, swale, floodplain or right-of-way during
the pendency of the activity to return it to its original or equal
condition after such activity is completed.
(4)
The subdivider or land developer shall provide and
install, at his expense, in accordance with Borough requirements,
all drainage and erosion control improvements (temporary and permanent)
shown on the Erosion and Sediment Control Plan.
E.
F.
Stream channel construction. Stream channel construction
on watersheds with drainage areas in excess of 1/2 square mile, or
in those cases where downstream hazards exist, will conform to criteria
established by the Pennsylvania Department of Environment Resources.
A.
Purpose. The specific purposes of these special provisions
are:
(1)
To regulate the subdivision or development of land
within any designated floodplain area in order to promote the general
health, welfare, and safety of the community.
(2)
To require that each subdivision lot in flood prone
areas be provided with a safe building site with adequate access;
and that public facilities which serve such uses be designed and installed
to preclude flood damage at the time of initial construction.
(3)
To prevent individuals from buying lands which are
unsuitable for use because of flooding by prohibiting the improper
subdivision or development of unprotected lands within the designated
floodplain districts.
B.
Abrogation and greater restrictions. To the extent
that this section imposes greater requirements or more complete disclosure
than any other provisions of this chapter, in any respect, or to the
extent that the provisions of this section are more restrictive than
such other provisions, it shall control such other provisions of this
chapter.
C.
Disclaimer of municipal liability. The grant of a
permit or approval of a plan for any proposed subdivision or land
development to be located within any designated floodplain area shall
not constitute a representation, guarantee, or warranty of any kind
by the Borough or by any official or employee thereof of the practicability
or safety of the proposed use, and shall create no liability upon
the Borough, its officials, employees or agents.
D.
Application procedures and requirements.
(1)
Preapplication procedures:
(a)
Prior to the preparation of any plans, it is
suggested that prospective developers consult with the Pennsylvania
Department of Environmental Resources concerning soil suitability
when on-site sewage disposal facilities are proposed.
(b)
Prospective developers shall consult the County
Conservation District representative concerning erosion and sediment
control and the effect of geologic conditions on the proposed development.
At the same time, a determination should be made as to whether or
not any flood hazards either exist or will be created as a result
of the subdivision or development.
(2)
Preliminary plan requirements. The following information
shall be required as part of the preliminary plan and shall be prepared
by a registered engineer or surveyor:
(a)
Name of engineer, surveyor, or other qualified
person responsible for providing the information required in this
section.
(b)
A map showing the location of the proposed subdivision
or land development with respect to any designated floodplain area,
including information on, but not limited to, the one-hundred-year
flood elevations, boundaries of the floodplain area or areas, proposed
lots and sites, fills, flood or erosion protective facilities, and
areas subject to special deed restrictions.
(c)
Where the subdivision or land development lies
partially or completely within any designated floodplain area, or
where the subdivision of land development borders on a floodplain
area, the preliminary plan map shall include detailed information
giving the location and elevation of proposed roads, public utilities,
and building sites. All such maps shall also show contours at intervals
of five feet, and shall identify accurately the boundaries of the
floodplain areas.
(d)
Such other information as is required by this
Subdivision Chapter.
(3)
Final plan requirements. The following information
shall be required as part of the final plan and shall be prepared
by a registered engineer or surveyor:
(a)
All information required for the submission
of the preliminary plan incorporating any changes requested by the
Borough Council.
(b)
A map showing the exact location and elevation
of all proposed buildings, structures, roads, and public utilities
to be constructed within any designated floodplain area. All such
maps shall show contours at intervals of five feet within the floodplain
area and shall identify accurately the boundaries of the flood-prone
areas.
(c)
Submission of the final plan shall also be accompanied
by all required permits and related documentation from the Department
of Environmental Resources, and any other commonwealth agency, or
local municipality where any alteration or relocation of a stream
or watercourse is proposed. In addition, documentation shall be submitted
indicating that all affected adjacent municipalities have been notified
in advance of the proposed alteration or relocation. The Department
of Community Affairs, and the Federal Insurance Administration shall
also be notified in advance of any such proposed activity, and proof
of such notification shall be submitted in advance of the Planning
Commission meeting at which such plan is to be considered.
E.
Design standards and improvements in designated floodplain
areas.
(1)
General.
(a)
Where not prohibited by this or any other laws
or ordinances, land located in any designated floodplain area may
be platted for development with the provision that the developer construct
all buildings and structures to preclude flood damage in accordance
with this and any other laws and ordinances regulating such development.
(b)
No subdivision or land development, or part
thereof, shall be approved if the proposed development or improvements
will individually or collectively, increase the one-hundred-year flood
elevation more than one-foot at any point.
(c)
Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any floodway area. Sites for these uses may be permitted outside the floodway area in a floodplain area if the lowest floor (including basement) is elevated to the regulatory flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend laterally for a distance of at least 15 feet beyond the limits of the proposed structures and access shall meet the requirements of § 380-28E(3) hereinbelow.
(d)
Building sites for structures or buildings other than for residential uses shall not be permitted in any floodway area. Sites for such structures or buildings outside the floodway in a floodplain area shall be protected as provided for in § 380-28E(1)(c) above. However, the Borough Council may allow the subdivision or development of areas or sites for commercial and industrial uses at an elevation below the regulatory flood elevation if the developer otherwise protects the area to that height or assures that the buildings or structures will be flood-proofed to the regulatory flood elevation.
(e)
If the Borough Council determines that only
a part of a proposed plat can be safely developed, it shall limit
development to that part and shall require that development proceed
consistent with this determination.
(f)
When a developer does not intend to develop
the plat himself and the Borough Council determines that additional
controls are required to insure safe development, they may require
the developer to improve appropriate deed restrictions on the land.
Such deed restrictions shall be inserted in every deed and noted on
every recorded plat.
(2)
Drainage facilities.
(a)
Storm drainage facilities shall be designed
to convey the flow of surface waters without damage to persons or
property. The system shall insure drainage at all points along streets,
and provide positive drainage away from buildings and on-site waste
disposal sites.
(b)
Plans shall be subject to the approval of the
Borough Council. The Borough Council may require a primary underground
system to accommodate frequent floods and a secondary surface system
to accommodate larger, less frequent floods. Drainage plans shall
be consistent with local, county and regional drainage plans. The
facilities shall be designed to prevent the discharge of excess runoff
onto adjacent properties.
(3)
Streets and driveways. The finished elevation of proposed
streets and driveways shall not be more than the one-foot below the
regulatory flood elevation. Profiles and elevations of streets and
driveways to determine compliance with this requirement and as required
by other provisions of this Subdivision Ordinance shall be submitted
with the final plan. Drainage openings shall be sufficient to discharge
flood flows without unduly increasing flood heights.
(4)
Sewer facilities. All sanitary sewer systems located
in any designated floodplain area, whether public or private, shall
be flood proofed up to the regulatory flood elevation.
(5)
Water facilities. All water systems located in any
designated floodplain area, whether public or private, shall be flood
proofed up to the regulatory flood elevation.
(6)
Other utilities and facilities. All other public or
private utilities and facilities, including gas and electric, shall
be elevated or flood proofed up to the regulatory flood elevation.
