A.
The standards and requirements contained in this article
shall apply as minimum design standards for subdivisions and/or land developments
within the Borough. In addition, subdivisions and/or land developments shall
be designed to comply with the requirements of the Zoning Ordinance,[1] the Stormwater Management Ordinance,[2] and regulations of the Pennsylvania Department of Transportation
as applicable.
(1)
All proposed subdivisions and/or land developments shall
be designed, laid out, arranged, constructed and coordinated with all presently
existing facilities and improvements which serve the tract proposed to be
developed, including but not limited to the (a) transportation network, (b)
sewer collection, conveyance and treatment facilities, (c) water supply and
distribution facilities, and (d) stormwater management facilities, as necessary
to accommodate prospective traffic, provide adequate sewer and water service,
promote proper stormwater management, facilitate fire protection, prevent
flooding and conform to the Comprehensive Plan, including any Urban Growth
Boundary, the Official Map, and any regulations or plans adopted in furtherance
thereof.
(2)
All proposed subdivisions and/or land developments shall
also be designed, laid out, arranged, constructed and coordinated to insure
that abutting properties will continue to have safe and convenient access
in accordance with the standards of this chapter or, if such properties do
not presently have such access, to have access at least equal to the level
existing prior to the proposed subdivision and/or land development. The applicant
shall submit studies and reports with the preliminary plan and the final plan
which shall clearly identify any assumed, proposed and required improvements
to existing facilities. If an applicant submits a study, report or plan which
contains improvements assumed to be installed by others and compliance with
the design standards in this chapter is based upon the completion of such
assumed improvements, the design standards of this chapter shall not be considered
as met unless the applicant presents evidence that a governmental entity has
budgeted funds and/or has entered into contracts for the assumed improvements
or unless a plan for another development which proposes the installation of
such improvements has been approved and recorded.
B.
Compliance with Borough ordinances required. Whenever
the Borough Zoning Ordinance provides that the use proposed by the applicant
for subdivision and/or land development approval shall constitute a use by
special exception or a conditional use, the applicant shall obtain such special
exception or conditional use approval from the Zoning Hearing Board or Borough
Council, as applicable, prior to the submission of the preliminary plan. The
plan shall be designed and developed in accordance with any conditions which
the Zoning Hearing Board or Borough Council has imposed upon such approval.
C.
Variances required prior to plan submission. Whenever
the applicant proposes to develop a subdivision and/or land development in
a manner that would require a variance from any requirements of the Zoning
Ordinance, the applicant shall obtain such variance from the Zoning Hearing
Board prior to the submission of the preliminary plan. The plan shall be designed
and developed in accordance with any conditions which the Zoning Hearing Board
has imposed upon the grant of such variance or variances.
D.
Compliance with prior approved plans. Whenever all or
a portion of the land contained within an application for subdivision or land
development approval constitutes all or a portion of land included in a prior
subdivision or land development plan approved by the Borough or the Lancaster
County Planning Commission and recorded in the Office of the Recorder of Deeds
in and for Lancaster County, Pennsylvania, the plan shall comply with all
conditions, restrictions and notes imposed on the prior approval and/or included
upon the recorded subdivision or land development plan. The applicant shall
identify all prior recorded subdivision and/or land development plans of which
all or a portion of the land contained in the plan was a part and all conditions,
restrictions and notes which affect the current application. Failure to identify
all applicable conditions, restrictions and notes of record on prior plans
constitutes a violation of this chapter. The applicant shall submit with the
application for preliminary plan approval a statement identifying the prior
plans reviewed; the conditions, restrictions and notes which would impact
development in accordance with the plan for which approval has been requested;
and an explanation of the manner in which the proposed plan has been designed
to comply with such conditions, restrictions and notes. This information shall
be signed by the applicant or the applicant's engineer or landscape architect.
A.
General arrangement. The following criteria shall be
considered in the design of streets in all subdivision and land development
plans:
(1)
The arrangement of streets shall conform to the circulation
plan of the county and Borough comprehensive plans, to official maps, and
to such county, Borough, and state road and highway plans as have been duly
adopted.
(2)
For streets not shown on the circulation plan or official
map, the arrangement shall provide for the appropriate extension of existing
streets and shall conform as closely as possible to the original topography.
(3)
Residential local streets shall be arranged so as to
minimize through traffic and discourage excessive speeds.
(4)
Streets shall be designed with drainage grates that are
safe for crossing by bicycles or horse-drawn vehicles.
(5)
Adequate vehicular and pedestrian access shall be provided
to all lots.
(6)
Curvilinear streets and culs-de-sac should be utilized only where their use will be consistent with adjoining development patterns, topography, and natural features of the site. Culs-de-sac shall not be used where it is possible to provide loop streets that provide better access for emergency vehicles, fewer restrictions for snow removal, and improved pedestrian access. Curvilinear streets shall not be used immediately adjacent to an existing grid street system without providing a transition that continues and protects the historic grid. New project street systems, platted adjacent to developed land, shall not be merely looped back on local access streets within the Borough or village, but shall connect with or be designed to connect with, in the future, streets of a higher class (see Appendix 2[1]). Consideration shall be given to the dispersal of traffic from
commercial and employment centers, and to the ultimate functioning of the
street system.
[1]
Editor's Note: Appendix 2 is included at the end of this chapter.
(7)
Streets shall be laid out to provide convenient and safe
access to the property. Where appropriate, the Borough Council may require
additional cartway improvements and/or right-of-way width along existing street
frontages to accommodate the anticipated traffic increases and to facilitate
vehicular turning movements to and from individual lots.
(8)
Where a development abuts an existing or proposed arterial
street, the Borough Council may require the use of marginal access streets,
reverse frontage lots, or other such treatment that will provide protection
for abutting properties, reduce the number of intersections with the arterial
street, and separate the local and through traffic.
B.
Street hierarchy. Private streets. Private streets are
prohibited unless such streets meet the design standards of these regulations
for local access streets. All subdivision streets shall be dedicated to the
public unless design objectives of the development warrant private ownership.
Approval of a subdivision involving a private street shall be solely at the
discretion of the Borough Council. Applications which propose a private street
shall be accompanied by an agreement which shall be recorded with the Lancaster
County Recorder of Deeds as part of the final plan. This agreement shall establish
the conditions under which the street will be constructed and maintained,
as well as conditions controlling an offer of dedication, and shall stipulate:
(1)
That the street shall be constructed and maintained to
conform to the specifications of this chapter.
(2)
That the owners of the abutting lots will include, with
any future offer for dedication, sufficient monies, as estimated by the Borough,
to restore the street to conformance with Borough standards.
(3)
That an offer for dedication of the street shall be made
only for the street as a whole.
(4)
The method of assessing maintenance and repair cost.
(5)
That an agreement by the owners of 51% of the front footage
thereon shall be binding on the owners of the remaining lots.
C.
Arterial street design. The design standards for arterial
streets shall be as specified by the Pennsylvania Department of Transportation
for state roads, and by Borough road ordinance for roads classified as arterial
streets under the Federal Aid System. An arterial street is a street that
provides for intercommunity travel. Applications which propose developments
or subdivisions along arterial streets must include citations to appropriate
current road specifications and standards or include notice of improvement
and access approval from the appropriate agency.
D.
Determination of required right-of-way and cartway width
for local and collector streets.
(1)
Right-of-way and cartway width for each local and collector
street classification shall be as specified in the Borough Code of Ordinances.
(2)
Streets shall also comply with the requirements set forth
in the Borough Code of Ordinances. Each street shall be designed for its entire
length, to meet the design requirements of the most intense use with all nonresidential
uses designed to commercial/industrial street standards. All plans shall be
designed to provide for the entire required right-of-way and cartway.
(3)
The right-of-way shall be measured from lot line to lot
line and shall be sufficiently wide to contain the cartway, curbs, shoulders,
sidewalks, graded areas, utilities and shade trees.
(4)
The right-of-way width of a new street that is a continuation
of an existing street shall in no case be continued at a width less than the
existing street. Where the right-of-way width of the new street is greater
than the existing street, a transition area shall be provided, the design
of which is subject to Borough Council's approval.
(5)
The right-of-way shall reflect future development as
indicated by the duly adopted Borough Comprehensive Plan or Official Map.
E.
Shoulders.
(1)
The Borough shall require construction of shoulders and
drainage swales where curbs are not required.
F.
Curbs and gutters.
(2)
Curbing shall be designed to provide a ramp for bicycles
and/or wheel chairs at each intersection, at the principal entrances to buildings
which front on parking lots, and at all crosswalks.
(3)
Construction and placement of curb shall comply with
the requirements set forth in the Borough Code of Ordinances.
G.
Sidewalks.
(1)
Sidewalks shall be required on both sides of all new
streets, along access drives, and adjacent to parking compounds.
(2)
In conventional developments, sidewalks shall be placed
parallel to the street within the right-of-way unless a waiver has been granted
to preserve topographical or natural features, or to provide visual interest,
or unless the applicant shows that an alternative pedestrian system provides
safe and convenient circulation. In commercial and in high density residential
areas, sidewalks may abut the curb.
(3)
In planned developments, sidewalks may be located away
from the road system to link dwelling units with other dwelling units, the
street, and on-site activity centers such as parking areas and recreational
areas. They may also be required parallel to the street for safety and other
reasons.
(4)
Pedestrianway easements 10 feet wide may be required
by the Borough Council through the center of blocks more than 600 feet long
to provide circulation or access to schools, playgrounds, shopping, or other
community facilities.
(5)
Sidewalk width shall be five feet; wider widths may be
necessary near pedestrian generators and employment centers. Where sidewalks
abut the curb and cars overhang the sidewalk, widths shall be seven feet.
(6)
Sidewalks and graded areas shall be constructed according
to the specifications set forth in the Borough Code of Ordinances.
H.
Vertical alignments. Vertical street alignments shall
be measured along the center line. The minimum grade and maximum grade of
all streets shall be designed with a grade no greater than 15%. The cul-de-sac
turnaround shall be designed with a diameter of not less than 60 feet.
(1)
Vertical curves shall be used in changes in grade exceeding
1%. The minimum lengths (in feet) of vertical curves shall be 15 times the
algebraic difference in grade. For example, if a 3% upgrade is followed by
a 4% downgrade, the algebraic difference in grade is [3- (-4) = 7]; the minimum
length of the vertical curve would then be 105 feet [15 by 7 = 105].
(2)
Where the approaching grade exceeds 7% on any or all streets at a four-way street intersection, or the terminating street at a three-way intersection, a leveling area shall be provided on the street(s) with such excessive grade. Such leveling area(s) shall have a maximum grade of 4% for a minimum length of 75 feet measured from the intersection of the center lines as specified in Appendix 5.[2]
[2]
Editor's Note: Appendix 5 is included at the end of this chapter.
(3)
The grade within the diameter of a turnaround at the terminus of a permanent cul-de-sac shall be as specified in Appendix 5.[3]
[3]
Editor's Note: Appendix 5 is included at the end of this chapter.
I.
Horizontal alignments. Horizontal street alignments shall
be measured along the center line. Horizontal curves shall be used at all
angle changes in excess of 2°. Single, long radius curves shall be used
rather than a series of curves with varying radii and/or a series of short
curves separated by short, straight segments. The minimum horizontal curve
radius for streets shall be 150 feet.
(1)
Perimeter streets. Plans with street locations along
the perimeter of a property shall be required to show building setback lines
and clear sight triangles within the adjacent properties. Permission shall
be obtained from the adjacent landowner.
(2)
Cartway alignment. The center line of the street cartway
shall correspond with the center line of the street right-of-way.
J.
Street intersections.
(1)
Multiple intersections involving the junction of more
than two streets are prohibited.
(2)
The distance between the center line of streets intersecting
at grade with a local street shall be no less than 150 feet measured along
the center line of the street being intersected based on the safe stopping
distance of a road with a design speed of 25 mph at a moderate grade.
(3)
The distance between the center line of streets intersecting
at grade with a collector street shall be no less than 300 feet measured along
the center line of the street being intersected based on the safe stopping
distance of a road with a design speed of 40 mph at a moderate grade.
(4)
The distance between the center line of streets intersecting
at grade with an arterial street shall be no less than 600 feet measured along
the center line of the street being intersected based on the safe stopping
distance of a road with a design speed of 55 mph at a moderate grade.
(5)
Right angle intersections shall be used whenever possible.
No street shall intersect another at an angle of less than 75°.
(6)
The cartway edge at street intersections shall be rounded by a tangential arc with a minimum radius as specified in Appendix 5.[4] The right-of-way radii at intersections shall be substantially
concentric with the edge of the cartway.
[4]
Editor's Note: Appendix 5 is included at the end of this chapter.
(7)
Where appropriate, the Borough Council may require additional
traffic lanes to facilitate vehicular turning movements at existing or proposed
street intersections within or bordering subdivision or land development plans.
(8)
Clearly marked crosswalks shall be provided at all intersections
when sidewalks or pedestrian easements are provided in a development. Crosswalks
may also be required by the Borough Council at other locations to promote
the convenience and safety of pedestrian traffic. The design of crosswalks
and the materials used shall be consistent with other crosswalks in the area.
K.
Sight distance at intersections.
(1)
Safe stopping sight distance shall be provided at all
new and existing streets and all new and existing access drive intersections
in accordance with the latest edition of the Pennsylvania Department of Transportation
Design Manual — Part 2, Highway Design (Publication 13), Section 2.18.F.
Sufficient design and plan information shall be submitted with the plan application
proving that this minimum standard will be achieved. Such design information
shall be sealed by a professional registered in Pennsylvania to perform such
design work.
(2)
At all intersections where stop signs or other stop control devices are not proposed, sight triangle easements or dedicated right-of-way shall be required and shall include the area on each street corner that is bounded by the line which connects the sight or "connecting" points located on each of the right-of-way lines of the intersecting street. The planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements or right-of-way shall be prohibited; and a public right-of-entry shall be reserved for the purpose of removing any object, material or otherwise, that obstructs the clear sight. The distances shown in Appendix 6[5] between the connecting points and the intersection of the right-of-way
lines shall be required.
[5]
Editor's Note: Appendix 6 is included at the end of this chapter.
L.
Lot access.
(1)
The Borough Council may disapprove any point of ingress
or egress to any lot, tract, parcel, or development from any street or highway
when the proposed ingress or egress would create unsafe conditions, reduce
the capacity of the adjoining street or highway, or result in substandard
circulation and impaired vehicle movement.
(2)
The Borough Council may require the applicant to provide
ingress and egress to a particular lot or tract through the remainder of his
property or other properties over which he has control.
(3)
In approving ingress or egress from any state road or
highway, the Borough Council can only approve those access points that are
not in conflict with safety standards of the Pennsylvania Department of Transportation
(PennDOT). A highway occupancy permit is required for each access point onto
a state road or highway.
(4)
The receipt of a highway occupancy permit does not assume
direct approval of the Borough Council. The Borough Council may require the
applicant to reapply for a permit if the location of the permit approved access
is in conflict with any provision of this chapter or if the Borough Council
feels the location of the access will hinder the safe and efficient movement
on any state road or highway or the proper development of the site. In the
event that, after such reapplication, PennDOT refuses to modify the highway
occupancy permit to conform to the provisions of this chapter, the PennDOT
decision shall prevail.
M.
Street provisions for future developments.
(1)
Where appropriate, areas shall be reserved for future
street usage in conjunction with the development of adjacent tracts. Areas
reserved for future street usage will not be required to be improved; however,
these areas shall be reserved for street improvements to be provided by the
developer of the adjacent tract.
(2)
Wherever there exists a dedicated or platted area reserved
for future street usage along the boundary of a tract being developed, the
adjacent street shall be extended into the proposed project provided this
use is not adverse to the man-made or natural features of the site.
N.
Extension of existing streets. The extension of existing
streets that are presently constructed with a cartway different from the standards
of this chapter shall be provided with a transition area, the design of which
is subject to Borough Council approval.
O.
Street improvements. All street paving shall conform
to the specifications set forth in the Borough Code of Ordinances.
P.
Cul-de-sac streets and P streets.
(1)
A cul-de-sac or P street will not be permitted when a
through street is feasible. The feasibility of a through street will be based
on the physical features of the tract proposed for development, the potential
for extension of the street to adjoining lands, restrictions imposed by other
government regulations, and the ability of the design to meet all other requirements
of this chapter. When cul-de-sac or P streets are proposed, the application
shall be accompanied by a written analysis of the merits of the design and
the reasons that a through street would not be feasible. Approval of cul-de-sac
streets shall be at the sole discretion of the Borough Council.
(2)
Permanent cul-de-sac streets, when permitted, shall be
designed to serve a maximum of 250 AADT for residential development and a
maximum of 500 AADT for nonresidential development.
(3)
All cul-de-sac streets shall have a minimum length of
250 feet. Permanent cul-de-sac streets shall have a maximum length of 600
feet. Temporary cul-de-sac streets shall not exceed 800 feet in length.
(4)
The length of a cul-de-sac street shall be measured from
the center line intersection with the through street to the center point of
the turnaround.
(5)
Permanent culs-de-sac shall have a paved, circular turnaround
with a minimum radius of 50 feet. The right-of-way for the turnaround shall
maintain the same distance between the cartway edge and the right-of-way line
as is maintained for the straight sections of the street.
(6)
Temporary culs-de-sac may have circular, "T" shaped or
"hammerhead" shaped turnarounds. Turnarounds shall be constructed completely
within the right-of-way. Restoration of paved areas within the right-of-way
shall be the responsibility of the developer connecting to the temporary cul-de-sac.
(7)
Any temporary cul-de-sac street designed for access to
an adjoining property or for authorized phased development and which is greater
than one lot deep shall be provided with a temporary all-weather turnaround
within the subdivision or land development. The use of such turnaround shall
be guaranteed to the public until such time as the street is extended.
Q.
Future access strips. Future access strips and street
plugs are rights-of-way reserved for future street improvements. They shall
be designed in conformance with the design requirements of a street, and the
contiguous parcels must contain proper setbacks and sight distance reservations.
R.
Special purpose street. Off-street parking must be provided
for all parcels that abut a special purpose street, and the prohibition of
on-street parking must be identified along the cartway.
S.
Access drives. Access drives shall be designed to meet
the following requirements:
(1)
Any property which utilizes an access drive shall have
frontage along a public or private street.
(2)
The plan shall note that the access drive does not qualify
for dedication to the municipality and that the landowner assumes all responsibility
for its maintenance.
(3)
Vertical and horizontal alignments of such drives must
be designed to allow for the safe and convenient circulation of traffic within
the development site. The Borough Council may require additional cartway width
or turning lanes if it is determined that the intended use and function of
the access drive warrants such design to ensure safety and convenience.
(4)
Parallel parking shall only be permitted along access
drives when sufficient cartway width is proposed to accommodate both the travel
lanes and parking stalls. Perpendicular parking which would require vehicles
to back into the travel lanes of an access drive is prohibited.
(5)
Access drives shall maintain a center line separation
distance of 150 feet from all other access drives and streets along local
streets; 300 feet along collector streets; and 600 feet along arterial streets.
Access drive intersections with other access drives within the site shall
not be subject to such restrictions.
(6)
Safe stopping sight distance shall be provided at access drive intersections with new and existing streets according to the requirements of § 170-30K(1).
(7)
The Borough Council reserves the authority to disapprove the location of any access drive intersection with an existing or proposed street as stipulated in § 170-30L.
(8)
Access drives shall be paved. The paving specification for access drives shall conform to the specification for parking compounds as set forth in § 170-31A.
(9)
The ownership and maintenance responsibilities for the
access drive shall be clearly defined on the plan. The Borough shall assume
no responsibility for ownership or maintenance.
T.
Driveways. Proposed driveways shall conform to any municipal
standards that may exist within the applicable zoning ordinance or separately
adopted driveway ordinance. Additionally, all driveways shall, at a minimum,
be designed in accordance with the following:
(1)
Driveway locations shall not interfere with the normal
traffic movement nor be inconsistent with the design, maintenance, and drainage
of the street.
(2)
The Borough Council may limit the number of driveways providing access to a single property or development from collector or arterial streets. Any access from such streets must be designed in conformance with the safe stopping sight distance according to the requirements of § 170-30K(1) and respective intersection separation distance requirements according to the requirements of § 170-30S(5).
(3)
Driveway access to a local street shall not be located less than 50 feet from the edge of the cartway of any street intersection and shall provide adequate safe stopping sight distance according to the requirements of § 170-30K(1).
(4)
Driveway access to lots shall be provided to the street
of lesser classification.
(5)
The Borough Council may require the joint or shared use
of driveways to provide ingress and egress when such design would increase
traffic safety by decreasing the potential for vehicular conflicts.
(6)
Every lot must be provided with at least one driveway
location which meets the above criteria. Should a site contain more than one
location which conforms to these requirements, the plan may delineate the
range of available driveway locations. As an alternative, the plan may show
locations where driveways are not permitted due to noncompliance with this
or other applicable ordinance or regulation.
U.
Street names. Continuations of existing streets shall be known by the same name. Names for new streets shall not duplicate or closely resemble names of existing streets. All new street names are subject to the approval of Lancaster County-wide Communications. Notice that the proposed new street names are acceptable shall be submitted prior to final plan approval. All street names shall conform, where applicable, to the local municipal plan for street names. Private streets shall be named in conformance with this section. (See Appendix 35.[6])
[6]
Editor's Note: Appendix 35 is included at the end of this chapter.
V.
Signs.
(1)
Design and placement of traffic signs shall follow the
requirements specified in the Manual on Uniform Traffic Control Devices for
Streets and Highways, published by the U.S. Department of Transportation.
(2)
At least two street name signs shall be placed at each
four-way street intersection and one at each "T" intersection. Signs shall
be installed under light standards and free of visual obstruction. The design
of street name signs should be consistent, of a style appropriate to the Borough,
of a uniform size and color, and erected in accordance with Borough standards.
(a)
Private streets shall be provided with street name signs
in conformance with this section. The plan shall note that it is the responsibility
of the developer to install the street name signs for private streets.
(3)
Parking regulation signs shall be placed along roadways
within the right-of-way in areas that restrict parking.
(4)
Site information signs in planned residential developments
shall follow a design theme related and complementary to other elements of
the overall site design.
W.
Utility and shade tree areas.
(1)
Utilities and shade trees shall generally be located
within the right-of-way on both sides of and parallel to the street. (An alternative
placement for shade trees is outside the public right-of-way).
(2)
Utility and shade areas shall be planted with grass,
ground cover, or treated with other suitable cover material.
X.
Lighting.
(1)
Lighting for highway safety shall be provided at street
intersections, entryways to commercial land developments, and in parking lots
adjacent to public streets.
(2)
Lighting shall be provided in accordance with an illumination plan designed by Pennsylvania Power & Light or in conformance with the IES Lighting standards contained in Appendix 10.[7]
[7]
Editor's Note: Appendix 10 is included at the end of this chapter.
(3)
Spacing of standards shall be equal to approximately
four times the height of the standard.
(4)
The maximum height of standards shall not exceed the
maximum building height permitted, or 25 feet, whichever is less.
(5)
The height and shielding of lighting standards shall
provide proper lighting without hazard to drivers or nuisance to residents,
and the design of lighting standards shall be of a type appropriate to the
development and the Borough.
(6)
Spotlights, if used, shall be placed on standards pointing
toward the buildings and positioned so as not to blind the residents, rather
than on the buildings and directed outward which creates dark shadows adjacent
to the buildings.
Y.
Underground wiring.
(1)
All electric, telephone, television, and other communication
facilities, both main and service lines servicing new developments, shall
be provided by underground wiring within easements or dedicated public rights-of-way,
installed in accordance with the prevailing standards and practices of the
utility or other companies providing such services.
(2)
Lots which abut existing easements or public rights-of-way
where overhead electric or telephone distribution supply lines and service
connections have heretofore been installed may be supplied with electric and
telephone service from those overhead lines, but the service connections from
the utilities' overhead lines shall be installed underground. In the
case of existing overhead utilities, should a road widening, or an extension
of service, or other such condition occur as a result of the subdivision and
necessitate the replacement or relocation of such utilities, such replacement
or relocation shall be underground.
(3)
Where overhead lines are permitted as the exception,
the placement and alignment of poles shall be designed to lessen the visual
impact of overhead lines as follows: Alignments and pole locations shall be
carefully routed to avoid locations along horizons; clearing swaths through
treed areas shall be avoided by selective cutting and a staggered alignment;
trees shall be planted in open areas and at key locations to minimize the
view of the poles and the alignments; and alignments shall follow rear lot
lines and other alignments.
(4)
Year-round screening of any utility apparatus appearing
above the surface of the ground, other than utility poles, shall be required.
All vehicular parking facilities and internal drives within parking
areas shall be designed to allow for the safe and efficient movement of vehicles
within a development and on the adjacent street.
A.
General standards. In addition to the requirements set forth in Chapter 200, Zoning, of the Denver Borough Code of Ordinances, which include construction standards for off-street parking lots, off-street vehicular parking facilities shall be provided in accordance with the following standards:
(1)
Handicapped parking shall be provided for all nonresidential
developments and multifamily structures of more than two units. These spaces
shall be located closest to the nearest accessible entrance. The number of
spaces shall be provided according to the following chart:
|
Total Required
Parking Spaces
|
Minimum Required
Handicapped Spaces
| |
|---|---|---|
|
5 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of total
| |
|
1,001 and over
|
20 plus 1 for each 100
|
(2)
Parking facilities shall not be permitted within 10 feet of a side or rear property line unless formal arrangements, satisfactory to the Borough Council, have been made for the establishment of a common parking facility unless otherwise specified in Chapter 200, Zoning of the Borough's Code of Ordinances.
(3) 
Parking compound dimensions shall be no less than those
listed in the following chart:
(4)
Where sidewalks occur in parking areas, parked vehicles
shall not overhang or extend over the sidewalk unless an additional two feet
are provided in order to accommodate such overhang.
(5)
Parking areas shall be suitably landscaped to minimize
noise, glare and other nuisance characteristics as well as to enhance the
environment and ecology of the site and surrounding area. Large parking lots,
containing more than 50 spaces, shall be broken down into sections, not to
exceed 50 spaces, separated from other sections by landscaped dividing strips,
berms, and similar elements.
(6)
Not less than a four-foot radius of curvature shall be
permitted for horizontal curves in parking areas.
(7)
All dead end parking lots shall be designed to provide,
when necessary, sufficient backup area for all end stalls.
(8)
Painted lines, arrows, and dividers shall be provided
and maintained to control parking, and when necessary to direct vehicular
circulation.
(10)
The typical section of any parking compound shall be
prepared to meet the following minimum standards:
(a)
Crushed aggregate base course with a minimum thickness
of six inches, as specified in the Pennsylvania Department of Transportation
Specifications, Form 408, and its latest revisions, or other PennDOT approved
equivalent.
(b)
Pavement shall consist of a minimum of 1 1/2 inches
of binder courses and one inch wearing surface. Material shall be equal or
superior to Pennsylvania Department of Transportation Specifications for Bituminous
Surface Course ID-2 and shall be applied in accordance with the Pennsylvania
Department of Transportation Specifications, Form 408, and its latest revisions
or other PennDOT approved equivalent.
B.
Bicycle parking facilities. Bicycle parking facilities
for nonresidential land uses shall be provided in accordance with the following
regulations:
(1)
Five percent of the first 50 vehicular spaces shall be
for bicycle use. If more than 50 spaces are to be provided, at least 3% of
the number of spaces over 50 shall be for bicycle use.
(2)
Each bicycle space shall be equipped with a device to
which a bicycle frame and one wheel can be attached using a chain or cable.
There shall be adequate separation between adjacent devices to allow bicycles
to be attached or removed without moving other bicycles. The devices shall
also be suitable for use by bicycles not equipped with kickstands, and the
appearance of the device shall be generally consistent with nearby urban design
features.
(3)
Bicycle parking spaces shall be convenient to the structure
for which they are provided. They shall be visible from at least one entrance
to the structure and shall be provided with lighting.
(4)
Bicycle parking devices shall permit at least two feet
of free space between any bicycle attached to the device and the edge of the
curb or sidewalk. For areas where motor vehicles are permitted to park overhanging
the curb or sidewalk, the distance shall be increased to four feet. For roads
having no curb or sidewalk, the minimum clearance shall be three feet between
any bicycle attached to a parking device and the outside edge of the roadway
shoulder.
A.
Lot configuration. The configuration of blocks and lots
shall be based upon the minimum and maximum lot area requirements, the salient
natural features, the existing improvements, the proposed improvements, and
the adjacent development pattern. Lot configurations should provide for flexibility
in building locations, while providing safe vehicular and pedestrian circulation.
Lots with areas that are two or more times the minimum requirements shall
be designed with configurations that allow for additional subdivision. Building
setback lines and building separations shall be provided in accordance with
the regulations set forth in the Borough Zoning Ordinance, subject to the
provisions of Section 508.4 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
B.
Residential blocks.
(1)
All blocks in a residential subdivision shall have a
minimum length of 300 feet and a maximum length of 10 times the minimum required
lot width, not to exceed 2,000 feet.
(2)
Blocks along arterial streets shall not be less than
800 feet in length.
(3)
The design of blocks longer than 800 feet shall give
special consideration to the requirements of fire protection, pedestrian access,
and utility service. The Borough Council may require easements as necessary
for these purposes.
C.
Nonresidential blocks. Blocks in nonresidential areas may vary from the requirement of Subsection B when required by the nature of the use. Adequate provisions shall be made for off-street parking, loading areas, and traffic circulation.
D.
Specific lot configuration requirements.
(1)
In order to avoid jurisdictional problems, lot lines
shall, wherever feasible, follow municipal boundaries rather than cross them.
Where a lot is divided by a municipal boundary, the minimum standards of both
municipalities shall apply.
(2)
Generally, side lot lines shall be radial to street right-of-way
lines. Exceptions may include cases where proposed lot lines follow existing
lot lines, improvements, or natural features.
(3)
All lots shall front on a public or private street. Principal
vehicular access to lots shall be provided from the frontage along the approved
street.
(4)
Lots resulting from a proposed subdivision that will
be large enough to be further subdivided shall be configured to facilitate
such future subdivision. Adequate street right-of-way shall be provided as
necessary. The Borough Council may require a sketch plan of such large lots
that indicates the potential future subdivision generally in conformance with
the design standards of this chapter.
(5)
Subdivisions shall be designed to accommodate the current
and future development of the tract being subdivided, the development potential
of adjacent lands, the development goals and policies of the applicable comprehensive
plans, and applicable standards of the Borough Zoning Ordinance.[2] Flag lots shall not be created when lots can be designed that
directly access an existing or proposed public or private street. Whenever
possible, lots shall be designed with adequate access by providing the required
lot width at the street right-of-way line. Flag lots shall not be created
when such design would limit or restrict the development potential of lands
or would prevent a landowner from using the land at the maximum lawful densities.
Notwithstanding the above, flag lots may, in limited situations, represent
a viable design alternative. In such cases the Borough Council may, at its
sole discretion, approve the platting of flag lots when:
(a)
Flag lots are designed for infill situations in which
a court is to be created by the placement of not more than two flagpoles side-by-side
and where up to four lots are oriented to a common private street easement.
"Infill" shall mean the development of remnants of land created by previous
development of a site. Such areas shall be served by public sewer and water
and the flag lot design shall maximize the permitted density; or
(b)
Flag lots proposed to create lots for home sites which are to
be located to the rear of an existing tract of land where there is no potential
for the construction of a public or private street to provide access to the
proposed lot. In such cases, the applicant must demonstrate that there is
no potential to construct a street due to (a) severe topographic or other
environmental constraints which limit the design of a street, or (b) other
factors inherent in the site which make the construction of a public or private
street impractical. In such cases, evidence shall be submitted to the Borough
Council which documents the above circumstances and demonstrates that the
platting of flag lots shall not restrict the development potential and pattern
of development of the tract and adjacent lands, shall not result in unsafe
driveway locations on public streets, and shall not restrict future development
at the maximum lawful density.
(6)
No more than two contiguous flag lots shall be permitted.
(7)
The "flagpole" or access portion of the flag lot shall
maintain a minimum width of 25 feet and shall not change direction more than
once. The area of the flagpole shall not be included with the area of the
"flag" or the body of the lot in satisfying municipal zoning standards for
minimum lot size unless otherwise specified under the municipal Zoning Ordinance.
(8)
No portion of any "flagpole" shall be used for on-site
sewage disposal or other improvements other than access improvements.
(9)
The Borough Council may attach any reasonable conditions
to the creation of flag lots as it finds necessary or desirable to provide
for the orderly development of land and street systems.
(10)
Double frontage lots are prohibited except where provided
as reverse frontage lots. Reverse frontage lots are only permitted when a
reduction of driveway intersections along a street with a high volume of vehicular
movements is desired. Additionally, reverse frontage lots may be permitted
when rear alleys are proposed to provide vehicular access to lots. All reverse
frontage lots shall include an identification of the frontage for use as a
road access.
(11)
All residential reverse frontage lots shall have within
every rear yard that is adjacent to any street right-of-way, other than an
alley, a planted buffer easement of at least 10 feet in depth, running the
entire width of the proposed lot, across which there shall be no vehicular
access.
Easements for sanitary sewer facilities, stormwater drainage facilities,
public or private utilities, or pedestrian access shall meet the following
standards:
A.
Location of easements. To the fullest extent possible,
easements shall be adjacent to property lines.
B.
Easement conflicts prohibited. Nothing shall be placed,
planted, set, or put within the area of an easement that would adversely affect
the function of the easement or conflict with the easement agreement.
C.
Width of pedestrian easements. Pedestrian easements shall have a minimum width of six feet. Pedestrian easements located in the middle of the block pursuant to § 170-30G(4) shall have a minimum width of 10 feet.
D.
Width of utility easements. Public utility easements
shall have a minimum width of 25 feet, and private utility easements shall
have a minimum width of 10 feet. All utility companies are encouraged to use
common easements.
E.
Stormwater drainage easements required. The applicant
shall reserve easements where stormwater or surface water drainage facilities
are existing or proposed, whether located within or beyond the boundaries
of the property. Easements shall have a minimum width of 20 feet and shall
be adequately designed to provide area for the collection and discharge of
water, the maintenance, repair, and reconstruction of the drainage facilities,
and the passage of machinery for such work. The easements shall clearly identify
who has the right-of-access and responsibility of maintenance.
F.
Variable petroleum easement widths. Where any petroleum
or petroleum product transmission line traverse a subdivision or land development,
the applicant shall confer with the applicable transmission or distribution
company to determine the minimum distance which shall be required between
each structure and the center line of such petroleum or petroleum product
transmission line. Additionally, the Borough Council will require, with the
final plan application, a letter from the owner of the tract and the right-of-way,
a copy of the recorded agreement which shall contain the above data.
A.
Sufficient concrete monument locations must be shown
on the final plan to define the exact location of all streets and to enable
the reestablishment of all street lines. In general, they shall be set on
the street line on one side of the street at the beginning and ending of all
curves and at those points on the curve at the street intersections necessary
to establish the actual intersection.
B.
Permanent stone or concrete monuments shall be accurately
placed along at least one side of each street at the beginning and end of
all curves and at all angles. As an alternative to permanent stone or concrete
monuments for streets with concrete curbs, holes may be drilled in the curb
along at least one side of each street at the beginning and end of all curves
and at all angle points. In the event that any of these points are inaccessible,
drilled holes in the curb, offset and referenced from lot corners may be substituted
providing there is no more than 300 feet between drilled hole locations.
C.
Markers shall be set at all points where lot lines intersect
curves, at all angles in property lines and at the intersection of all other
property lines.
D.
Monument and drill hole specifications.
(1)
Monuments shall be of concrete or stone, with a flat
top having a minimum width or diameter of four inches and a minimum length
of 30 inches. Concrete monuments shall be marked with a 3/4 inch copper or
brass dowel; stone or precast monuments shall be marked on the top with an
identifiable inscription and a drill hole. Markers shall consist of iron pipes
or steel bars at least 30 inches long and not less than 3/4 of an inch in
diameter.
(2)
Drill hole specifications. Holes shall be drilled in concrete
curbs (with or without PK nails or discs) having a minimum diameter of 1/4
inch. The depth of the holes shall be such that a PK nail or disc, if used,
can be set in as close to the surface of the curb as possible. Minimum depth
without the use of PK nail or disc shall be 1/2 inch. In the absence of PK
nails or discs, chisel or saw marks shall be used to facilitate and identify
the drill hole locations.
E.
All monuments, markers, and drilled holes shall be placed
by a registered professional land surveyor so that the scored marked point,
or center of the drilled hole shall coincide with the point of intersection
of the lines being monumented or marked.
F.
All existing and proposed monuments, lot line markers,
property corners, and drill holes shall be shown on the final plan. Those
that are proposed shall be labeled as such. Drilled holes in curbing shall
be referenced mathematically to a point on the right-of-way line.
If stormwater management information provided in accordance with § 170-18 or 170-19 indicates that the existing stormwater management system on the subject tract does not meet the requirements of this section, then stormwater management facilities must be designed and proposed to meet the requirements of the Borough of Denver's Stormwater Management Ordinance.[1] When the proposed stormwater management system will utilize or
be integrated into an existing stormwater collection or conveyance system,
the existing facilities shall be improved to the standards of this chapter.
The applicant shall determine the impacts of any proposed improvements of
the existing system to downstream properties. If, in the opinion of the Borough
Council, the improvements will cause adverse impacts on downstream properties,
the applicant shall mitigate such impacts.
A.
Stormwater management. All subdivision and/or land development applications except single lot subdivisions where a principal building exists on the site and no new construction is proposed, lot add-on plans, center line separation plans, and farm-related businesses conducted within existing agricultural buildings shall include stormwater management data in a form acceptable to the Borough Council. The stormwater management data shall identify all proposed stormwater management facilities and supportive information stated in §§ 170-18D(12) and 170-19D(17) of this chapter. Stormwater management data shall be prepared by individuals registered in the Commonwealth of Pennsylvania to perform such duties and include the certificate found in Appendix 15[2] of the chapter. Developers and consultants are urged, but not
required to discuss stormwater management design approaches for specific projects
with the Borough Engineer prior to the submission of the preliminary or final
plan.
[2]
Editor's Note: Appendix 15 is included at the end of this chapter.
B.
Ownership, administration, and maintenance of stormwater
management facilities.
(1)
The final plan shall reflect and/or be accompanied by
supporting documentation identifying the ownership and method of administering
and maintaining all permanent stormwater management facilities. With regard
to the maintenance of these facilities, they must be either:
(a)
Dedicated to and accepted by the Borough Council; or
(b)
Maintained by a private entity (e.g., homeowners' association
or individuals that own the land) in accordance with the terms of an agreement,
declaration of easements or other legally binding documentation approved in
form by the Borough Council. The agreement, declaration of easements or other
legally binding documentation shall provide that the municipality shall have
the right to:
[1]
Inspect the facilities at any time.
[2]
Require the private entity to take corrective measures
and assign the private entity reasonable time periods for any necessary action.
[3]
Authorize maintenance to be done and lien all cost of
the work against the properties of the private entity responsible for maintenance.
(2)
The agreement, declaration of easements or other legally
binding documentation shall be submitted to the Borough Council which may
require the agreement to contain provisions requiring the posting and/or periodic
payment of escrow funds by the private entity to guarantee proper maintenance
of the facility.
C.
Erosion and sedimentation. All development applications
that involve grading or excavation shall conform to the requirements of Chapter
102 of the Rules and Regulations of the Pennsylvania Department of Environmental
Protection, as amended.
(1)
No changes shall be made in the contour of the land;
no grading, excavating, removal, or destruction of the topsoil, trees or other
vegetative cover of the land shall be commenced within a proposed subdivision
or land development tract until such time that a plan for minimizing erosion
and sedimentation control has been reviewed by the Lancaster County Conservation
District and approved by the Borough Council, or there has been a determination
by the Borough Council, upon recommendation by the Lancaster County Conservation
District that erosion and sedimentation plans are not necessary.
(2)
The following measures are effective in minimizing erosion
and sedimentation and shall be included where applicable in the control plan:
(a)
Stripping of vegetation and grading shall be kept to
a minimum.
(b)
Development plans shall preserve significant natural
features, cut and fill operations shall be kept to a minimum, and plans shall
conform with topography so as to create the least erosion potential and adequately
handle the volume and velocity of surface water runoff.
(c)
Whenever feasible, natural vegetation shall be retained,
protected, and supplemented.
(d)
The disturbed area and the duration of exposure shall
be kept to a practical minimum.
(e)
Disturbed soils shall be stabilized by permanent vegetation
and/or by engineered erosion control and drainage measures as soon as practicable
in the development process.
(f)
Temporary vegetation and/or mulching shall be used to
protect exposed critical areas during development.
(g)
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
mechanically retarded.
(h)
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.
(i)
Basin and perimeter controls shall be established at
the commencement of work on the site.
(j)
Storage piles shall be protected and stabilized within
30 days.
(k)
Earth or paved interceptors and diversions shall be installed
at the top of cut or fill slopes where there is a potential for erosive surface
runoff.
(3)
In order to prevent pollution of any watercourse and
to reduce erosion of soil, sediment control devices shall be installed prior
to any grading, filling, or excavation. Such devices shall be designed to
retain sediment on the site or flowing adjacent to the site.
(4)
Within 30 days after completion of grading, all surfaces
disturbed by vegetation removal, grading, haul roads, or other construction
activity that alters natural vegetative cover, are to be revegetated to control
erosion, unless covered with impervious or other improved surfaces authorized
by approved plans. Erosion controls may include any combination of engineered
or vegetative measures.
D.
Floodplain. Floodplain areas shall be established and
preserved as provided in the Denver Borough Zoning Ordinance.[3]
(1)
A one-hundred-year floodplain shall be established for
all watercourses and shall be delineated by one of the following methods:
(2)
In case of any dispute concerning when, where, and how
the floodplain is to be established, the Borough Council will determine the
ultimate design criteria and/or flood boundary limits.
(3)
Whenever a floodplain is located within or along a lot,
the plan shall include the boundary of the floodplain, along with the elevation
or locational dimensions from the center line of the watercourse; a plan note
that the floodplain shall be kept free of structures, fill, and other encroachments;
and a plan note that floor elevations for all structures adjacent to the floodplain
shall be two feet above the one-hundred-year-flood elevation.
(4)
The above provision shall not be construed as a prohibition of the following, provided they comply with Subsection D(5):
(a)
Stormwater management facilities.
(b)
Stream improvements whose sole purpose is to improve
aquatic life habitat and which are approved by the Pennsylvania Fish Commission.
(c)
Farm ponds.
(d)
Floodproofing and flood hazard reduction structures to
protect existing buildings.
(e)
Public and private utility facilities, except buildings.
(f)
Water-oriented uses (except building), e.g., docks, piers,
boat launching ramps, hatcheries.
(g)
Water monitoring devices.
(h)
Culverts, bridges, and their approaches for floodplain
crossings by streets, access drives, and driveways.
(5)
Plans for any of the eight uses within a floodplain permitted under Subsection D(4) shall be incorporated into the design plans and shall be subject to approval by the Borough Council. The plans shall demonstrate that the proposed uses do not increase the height or frequency of floodplain water; are installed so as to withstand the maximum volume, velocity, and force of floodplain water; are flood and flotation proof; do not create unhealthy or unsanitary conditions; and do not degrade quality of surface water, or the quality of groundwater.
(6)
The inclusion of a floodplain within lots in order to
meet minimum lot area and/or yard requirements is allowed provided each such
lot contains sufficient area exclusive of the floodplain for buildings and,
when applicable, on-lot sanitary wastewater disposal systems and replacement
drainfield area unless otherwise specified in the Borough Zoning Ordinance.
(7)
It is recommended that the five-hundred-year floodplain
corridor be identified on plans and that any structures located between the
one-hundred- and five-hundred-year floodplain be floodproofed to the limits
of the five-hundred-year floodplain corridor.
E.
Wetlands. In addition to the above requirements no subdivision
or land development shall involve uses, activities or improvements which would
entail encroachment into, the regrading of, or the placement of fill in wetlands
in violation of state or federal regulations. Applicants must submit evidence
to the Borough Council that, if wetlands are present on the site, the Pennsylvania
Department of Environmental Protection (Bureau of Dams and Waterway Safety)
and the U.S. Army Corps of Engineers have been contacted to determine the
applicability of state and federal wetland regulations. Any approval of the
Borough Council shall be contingent on full compliance with any requirements
of any regulatory agency, and no action by the Borough Council shall be relied
on in lieu of a permit issued by the appropriate agency.
Landscaping shall be provided, consistent with the standards of this
chapter, in all subdivisions and land developments.
A.
Buffer planting.
(1)
Buffer planting shall be provided along the rear of reverse
frontage lots and along the side and rear lot lines of commercial or industrial
properties where such lots abut residentially zoned property. Parking and
buildings are prohibited within the buffer area. The use of the buffer area
for accessways shall be limited. Buffer areas shall consist of one row, staggered,
of mixed evergreen and deciduous trees which shall be at least six feet in
height when planted and shall be spaced not more than 10 feet apart on center
and two rows, staggered, of mixed broad leaf and needle evergreen shrubs which
shall be at least three feet in height when planted and shall be spaced not
more than five feet apart on center. The trees shall be of such species so
as to attain a height at maturity of not less than 20 feet. The shrubs shall
be of such species as to provide continued screening from the ground to a
height of six feet at maturity. Deciduous plant materials shall comprise no
more than 30% of the number of plants in the buffer. The required height of
the buffer planting may be achieved in part by mounding or installation of
plants along a berm.
(2)
Service loading and trash disposal areas such as dumpster
or compactor sites shall be effectively screened so as not to be visible from
parking areas, roadways, or adjacent properties. Such areas shall be screened
with a combination of architectural masonry (or fencing) and landscaping with
a height of at least six feet.
(3)
Parking and storage of vehicles in front yards of properties,
other than lots in single-family subdivisions, shall be screened from the
public right-of-way by an earthen berm and/or plant matter which provides
a dense visual screen to four feet in height at maturity. Plant matter shall
consist of two rows of mixed broad leaf and needle evergreen shrubs planted
in staggered rows. Plants shall be spaced not more than five feet apart on
center and shall be at least three feet in height when planted. Additional
planting in the form of non-canopy trees and deciduous shrubs is acceptable.
(4)
All planting shall be performed in conformance with good
nursery and landscape practice. Plant materials shall conform to the standards
recommended by the American Association of Nurseryman, Inc., in the American
Standard of Nursery Stock, ANSI, current edition, as amended.
B.
Existing wooded areas. Existing wooded areas shall be
protected to prevent unnecessary destruction. At least 25% of the number of
trees (minimum trunk caliper of five inches at six inches above ground) that
exist at the time of plan submission shall be maintained or replaced immediately
following construction. Replacement trees shall be a minimum trunk caliper
of two inches at a height of six inches above finished grade and located within
unbuildable sections of the site (i.e., floodplain, steep slope, and setback
areas). Plans shall be submitted showing existing trees and proposed construction
and which indicate conformance with this section.
C.
Street trees. Street trees shall be provided in all residential
subdivisions with densities greater than one dwelling per acre and all commercial
and residential land developments. Street trees may be required by the Borough
Council in other developments upon request of the Borough Council. All subdivision
and land development plans requiring street trees shall be forwarded to the
Borough Shade Tree Commission for their review and comment. All street trees
shall be provided by the applicant in accordance with the following standards:
(1)
The trees shall be nursery grown in a climate similar
to that of the locality of the project. Varieties of trees shall be subject
to the approval of the authority that accepts ownership of the street.
(2)
All trees shall have a normal habit of growth and shall
be sound, healthy, and vigorous; they shall be free from disease, insects,
insect eggs, and larvae.
(3)
The trunk diameter, measured at a height of six inches
above finish grade, shall be a minimum of two inches.
(4)
Trees shall be planted between the street right-of-way
line and the building setback line except where the municipality has authorized
placement of trees within the street right-of-way. The trees' growth
shall not interfere with the street cartway, sidewalk, or utility line. Street
tree branching shall not interfere with clear sight triangles. Typical branching
shall not be within 10 feet of ground level after 10 years of growth.
(5)
All planting shall be performed in conformance with good
nursery and landscape practice and to the standards established by the authority
which accepts ownership of the planting.
(6)
Requirements for the measurements, branching, grading,
quality, balling, and the burlapping of trees shall follow the code of standards
recommended by the American Association of Nurserymen, Inc., in the American
Standard for Nursery Stock, ANSI Z60, current edition, as amended.
(7)
A minimum of two canopy street trees shall be provided
for every 100 feet of public right-of-way. Street trees shall be placed a
minimum of 40 feet apart along the right-of-way, and shall be located so as
to maximize the growth potential of the plant material, minimize the potential
for root interference with public infrastructure, and enhance the quality
of the development. A list of acceptable street trees to be utilized in the
design shall be obtained from the Borough Shade Tree Commission. No one species
shall comprise more than 25% of the entire number of street trees in a particular
development.
(8)
Street trees are to be maintained and guaranteed for
a minimum of two years. Planting of trees shall occur within the standard
planting season (March through November). No more than 1/3 of the tree shall
be damaged or dead without replacement. Replacement trees shall conform to
all requirements of this section and shall be maintained and guaranteed for
a minimum of two planting seasons.
D.
Ground cover. Ground cover shall be provided on all areas
of the project to prevent soil erosion. All areas which are not covered by
paving, stone, or other solid material shall be protected with a suitable
ground cover, consisting of spreading plants, including sods and grasses less
than 18 inches in height.
A.
Sanitary wastewater disposal. The applicant shall be
required to connect all new subdivisions and land developments to the existing
Borough-owned sanitary wastewater disposal system.
(1)
The Borough Council shall require that approval from
the Pennsylvania Department of Environmental Protection be granted prior to
approval of the final plan:
(a)
When appropriate, the Borough Council may grant conditional
approval of the final plan on the receipt of the approval of the Plan Revision
Module prior to the sale of lots or commencement of construction.
(b)
When a Plan Revision Module for Land Development is not
required, or such approval has been waived by the Borough Council, written
notice of such action shall be submitted.
(c)
The preliminary plan application shall include a statement
from the Borough that sufficient capacity to service the proposed development
is available. Such notice shall:
(d)
The final plan application shall include a statement
from the Borough Council indicating approval of the plans for design, installation
and financial guarantees as well as indicating the reservation of sufficient
capacity to accommodate the project.
B.
Water supply. The applicant shall be required to connect
all new subdivisions and land developments to the existing Borough-owned water
distribution system.
(1)
Whenever the water supply system contains sufficient
capability or is planned to have such capability within two years from the
date of final plan approval, fire hydrants shall be provided; when provided,
the location and kind of fire hydrant shall meet the specifications of the
local fire company and the Borough when applicable. A copy of the approval
of such system by the appropriate agency or utility company that provides
the service shall be submitted with the final plan. Suitable agreements shall
be established for the ownership and maintenance of such a distribution system.
(a)
Hydrants shall be spaced to provide necessary fire flow,
and the average area per hydrant typically should not exceed 120,000 square
feet. In addition, hydrants shall be spaced so that each residence shall be
within 300 feet of a hydrant.
(b)
A hydrant shall be located at all low points and at all
high points with adequate means of drainage provided.
(c)
If an approved water system will be extended to the subdivision
within six years, the Borough Council may require installation of a capped
water distribution system.
(2)
The final plan application shall include a statement
from the Borough Council indicating the approval of the plans for design,
installation, and financial guarantee.
A.
Dedication.
(1)
All plans for residential subdivision of land or residential
land developments shall provide for the dedication of land for park and open
space uses, and/or, upon agreement by the applicant, the construction of recreation
facilities, the payment of fees in lieu thereof, the private reservation of
land, or any combination thereof. All dedications of land for park and open
space purposes shall be consistent with standards contained within an officially
adopted municipal comprehensive plan if such chapter meets the intent and
criteria of Section 503(11) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10503(11).
(2)
Any such dedications shall be determined to be acceptable
and approved by the Borough Council.
B.
General requirements. Applicants shall designate areas of residential subdivisions or residential land developments for parks, playgrounds, or other public open space and recreational uses in accordance with the provisions of the Borough's Comprehensive Park, Recreation, and Open Space Plan. If no municipal standards are provided, dedication shall be in accordance with the requirements of this chapter (§ 170-38). If the applicable park and open space plan specifically designates a future park site within the proposed development, all plans shall be designed in conformance with such provision and shall identify the location of the land to be dedicated such that it corresponds to the park and recreation plan designation. The applicant shall make an irrevocable offer of dedication of such land to the Borough, as required by the Borough Council. Title to such land shall be good and marketable, free of liens or other defects, and acceptable to the solicitor of the municipality or other entity that will accept dedication of the land. The Borough Council may, upon agreement of the applicant, authorize the transfer of the land to a homeowner's association or to a nonprofit corporation whose purpose is the conservation or preservation of land.
C.
Amount of land to be dedicated. The amount of park and
open space land to be dedicated shall be equal to, and in conformance with,
standards adopted by the Borough Council as expressed in their official Comprehensive
Park, Recreation, and Open Space Plan. Where no such standards are provided,
the following criteria shall be utilized:
(1)
Consistent with the National Recreation and Park Association,
the amount of park and open space land to be dedicated shall equal .25 of
an acre per each 100 projected residents or fraction thereof. The developer
shall provide the Borough Council with information concerning the density
based upon the number and type of dwelling units proposed. In the event of
a dispute as to the estimated population of the proposed residential subdivision
or land development, the determination of the Borough Council shall control.
(2)
Residential subdivisions of land involving less than
two lots individually or cumulatively, and residential land developments consisting
of less than five units of occupancy individually or cumulatively, shall be
exempt from this requirement.
(3)
Residential subdivisions of land where more than 20%
of the units are to be reserved for the housing of low-income households or
where the housing is financed by public monies, may be exempted from these
requirements if adequate parks and open space is provided by other means.
(a)
The applicant shall enter into an agreement with the
Borough Council to provide low-income housing and shall demonstrate that such
housing is affordable to low-income households within the county. A low-income
household is defined as a household earning less than 50% of the median family
income of Lancaster County.
(b)
After development, it shall be the responsibility of the developer to present evidence to the Borough Council that the housing, as constructed, is affordable to low-income households. Failure to provide low-income housing when dedication of park and open space land has been exempted because of the pledge to provide such housing shall constitute a violation of this chapter and shall require that the applicant pay a fee in lieu of the dedication in accordance with Subsection D herein.
D.
Fee in lieu of dedication.
(1)
Notwithstanding anything contained in the above subsections,
the applicant may, with the consent and approval of the Borough Council, elect
to pay a fee to the Borough in lieu of the park and open space dedication.
(a)
The amount of any fee to be paid in lieu of dedication
of land shall be equal to the average fair market value of the land otherwise
required by this section of the chapter or shall be in accordance with any
existing, municipally adopted flat fee-in-lieu schedule which establishes
a fixed price per lot, unit, or acre. The formula to be used in computing
the fee based upon fair market value shall be:
|
N by (average FMV of one acre) = fee.
| |
|
Where: N = the number of acres required to be dedicated for park and open space purposes, calculated in accordance with § 170-38C, and FMV = fair market value.
|
(b)
The applicant shall provide the Borough Council with
all information necessary to determine the fair market value of the land,
including but not limited to the following:
[1]
If the applicant is the equitable owner, or purchased
the land in fee simple less than two years prior to the preliminary or final
plan submission, a copy of the agreement of sale or real estate transfer tax
affidavit of value; or
[2]
If the applicant is the equitable owner, or purchased
the land in fee simple more than two years prior to the preliminary or final
plan submission, an opinion of value of the property by a state certified
appraiser acceptable to the Borough Council.
(c)
Any applicant aggrieved by the fee established shall
have the right to secure a second opinion of value of the property by a state
certified appraiser acceptable to the Borough Council. The two estimated values
shall be averaged, with the result being the amount upon which the fee will
be based.
(2)
Such fee shall be payable to the Borough Council prior
to the recording of each final phase of the plan and shall be in an amount
equal to the percentage of the total number of dwelling units in the phase.
E.
Parkland acquisition fund. All fees paid by the developer
in lieu of dedication of park and open space land shall be paid to Denver
Borough and upon its receipt shall be deposited in a separate interest-bearing
account. Fees deposited to this account shall be administered as required
by the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended
by Act 170 of 1988, and as subsequently revised).
F.
General design criteria. Except as provided in Subsections H and I below, the type of areas to be dedicated for park and open space land within a subdivision or land development plan shall principally involve neighborhood parks which are defined as "those parks providing primarily active outdoor recreational opportunities located within 1/2 mile radius from a majority of the residences to be served thereby." Exceptions to this will be when dedications are made to a community park that serves the subdivision and is located within a two-mile radius of the majority of the residences to be served, or a county park which serves residences located within a ten-mile radius. The land set aside for park and open space uses shall meet the following design criteria:
(1)
The park and open space land shall be reasonably located
so as to serve all of the residents of the subdivision or land development.
(2)
The park and open space land shall be accessible from
a public street or shall adjoin and become a part of an already existing public
park or open space area which is accessible from a public street. Where access
to the park is by public road, the width of the frontage shall be a minimum
length deemed necessary by the Borough Council for access, visibility of the
site, and public safety.
(3)
No more than 25% of the park and open space land shall
contain detention basins or other stormwater management facilities, or be
located within a floodplain or wetland unless such area is part of a linear
trail or greenway along an existing watercourse.
(4)
The park and open space land shall be compact and contiguous and shall meet lot configuration requirements for lots within a residential subdivision unless the land shall be used as a continuation of an existing trail as set forth in Subsection G, as a trail or linear park as set forth in Subsection H herein, or the land is located adjacent to and combined with existing park and open space land, or specific topographic features require a different configuration. An example of such topographic features would be the provision of public open space along a scenic creek.
(5)
When the park and open space land required to be dedicated
is less than five acres in size, the park and open space land shall be located
at a suitable place on the periphery of the subdivision or land development
so a more usable tract will result when additional park and open space land
is obtained upon development of the adjacent land.
(6)
When public park and open space land exists adjacent
to the tract to be subdivided or developed, the park and open space land shall
be located to adjoin and enlarge the presently existing park and open space
land.
(7)
At least 50% of the finished grade of the site shall have a slope of 3% or less unless the land shall be used as a continuation of an existing trail as set forth in Subsection G, as a trail or linear park as set forth in Subsection H herein, or the preservation of specific, valuable topographic features results in a greater slope (e.g., provision of public space along a scenic watercourse).
(8)
The park and open space land shall be accessible to utilities
such as sewer, water, and power that are provided within the subdivision,
and if so requested by the Borough Council, the developer shall extend such
utilities to the park and open space land.
(9)
If the developer is planning to construct facilities
for recreation on the dedicated property as an amenity for the development,
such facilities shall be constructed in accordance with current standards
established by the National Recreation and Park Association. Where applicable,
facilities constructed shall also comply with the accessibility guidelines
of the Americans with Disabilities Act of 1990. Playground equipment constructed
or placed on parkland shall be in compliance with guidelines from the Consumer
Products Safety Commission.
G.
Existing trails.
(1)
When a subdivision or land development is traversed by
or abuts an existing public trail, customarily used by pedestrians and/or
equestrians, 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:
(a)
The points at which the trail enters and exits the tract
shall remain unchanged.
(b)
The proposed alteration exhibits quality trail design
according to the generally accepted principles of landscape architecture.
(c)
The proposed alteration does not run coincidentally with
the paved road intended for use by motorized vehicles.
H.
Trails and linear parks. The Borough Council may require as a condition of final plan approval the dedication and improvement of trails and linear parks, which may be credited toward the park and open space land requirement described in Subsection C. Trails and linear parks developed and dedicated for public use may be credited toward the park and open space land requirement, provided that such trails and linear parks meet the following standards:
(1)
Actual dedications of land shall be a minimum width of
75 feet, and, if to be dedicated to the Borough, must be approved by the Borough
Council.
(2)
The trail or linear park shall conform to any applicable
Borough master park and open space plan, any county-wide trail and recreation
master plan, and appropriate Borough Comprehensive Plans.
(3)
The minimum right-of-way width of an easement containing
a trail which crosses private land shall be 10 feet. Easements may be dedicated
to the Borough or other organization which, in the judgment of the Borough
Council, is appropriate. In all cases, however, such easements must provide
for public use at reasonable times.
(4)
Trails shall have a vertical clearance of no less than
10 feet.
(5)
Width of the trail surface may vary depending upon type
of use to be accommodated, but in no case shall such width be less than five
feet.
I.
Borough fund reimbursement. Borough Council may from
time-to-time decide to purchase land for parks in or near the area of actual
or potential development. If the Borough Council does purchase park and open
space land within a distance of 1/2 mile, subsequent park and open space land
dedications within that area may, upon agreement with the applicant, be in
cash only and shall be calculated on a percentage basis to reimburse the Borough's
actual cost of acquisition and/or cost of development of such land for park
and open space purposes. The cash amount shall be equal to the sum of the
average price per acre of such land plus the actual costs of adjacent streets
and on-site utilities (or an estimate of such actual costs provided by the
Borough Engineer) divided by the number of lots or dwelling units in the development.
Once the Borough has been reimbursed entirely for all such park and open space
land, this subsection shall cease to apply and the other subsections of this
section shall again be applicable.
J.
Additional recreation reservations. The provisions of
this section are minimum standards and shall not be construed as prohibiting
a developer, with the approval of the Borough Council, from dedicating or
reserving other land for recreation purposes in addition to the requirements
of this chapter.
K.
Private reservation of land. Notwithstanding anything
contained in the above sections, the applicant may, with the consent and approval
of the Borough Council, elect to fulfill the open space requirements through
the private reservation of a recreation area.
(1)
Any project which proposes the private reservation of
land shall be accompanied by an agreement, which is acceptable to the solicitor
of the Borough and which shall be recorded prior to or concurrent with the
preliminary plan approval. Such agreement shall stipulate:
(a)
That maintenance of the designated open space is the
responsibility of either the applicant, a homeowners' association, a
condominium unit owners' association, or other recognized conservation
organization;
(b)
The availability of such private open space to nonresidents
of the development; and
(c)
The method by which the private reservation may be offered
for public dedication;
(d)
That the land cannot be developed for other than open
space purposes; and
(e)
That the land cannot be sold or disposed of by the association
except to another organization formed to own and maintain said open space
and without first offering to dedicate the land and improvements to the Borough.
(2)
If such lands are to become common elements of a homeowners'
or unit owners' association of any type, then such association's
organizational bylaws must conform to the requirements of applicable state
law.
L.
Construction of recreation facilities. Notwithstanding
anything contained in the above subsections, the applicant may, with the consent
and approval of the Borough Council, elect to fulfill the open space requirements
through the construction of recreational facilities.
(1)
All approved recreation facilities constructed in lieu
of land dedication shall be completed and dedicated to the Borough before
50% occupancy has been reached in any applicable subdivision or land development.
(2)
The Borough Council may avail itself of all remedies
provided by the Municipalities Planning Code, including but not limited to
the withholding of permits to ensure compliance with this provision.
A.
Archaeologic investigations. No project shall be developed
on a site identified by the Pennsylvania Historical and Museum Commission
as containing features of archaeological significance until:
B.
Method of survey. If a complete archaeological survey
is required, it shall be conducted under the supervision of a professional
archeologist in compliance with standards prescribed by the Pennsylvania Historical
and Museum Commission. Even if a complete survey is not required, the Borough
Council may, upon advice of the State Historic Preservation Officer, require
the developer to retain the services of, and have present at the site during
any excavations or trenching, an archeologist with authority to investigate
and document any cultural material that might be unearthed.
C.
Report required. A complete copy of the report of the
archeologist, including a copy of the field notes shall be submitted to the
Borough Council and the State Historic Preservation Officer. Arrangements
shall be made by the developer for transfer of any significant artifacts to
a depository where such items can be conserved and made available for future
study.
D.
Preservation of historic features. Subdivisions and land
developments shall be designed to preserve, adaptively reuse, or otherwise
provide for the historic features of Lancaster County. Modifications or exterior
alterations to historic features or sites or new construction adjacent to
historic features shall be consistent with the Secretary of the Interior's
Standards for Rehabilitation of Historic Properties as published by the National
Park Service. Subdivisions and land developments shall also be designed so
that new structures do not block historic views, or obstruct the view of historic
properties, and new construction should be visually complementary to historic
structures, consistent with the Secretary of the Interior's Guidelines.
If because of size, scale, construction material, or type of use a proposed
land development or subdivision would jeopardize the historic value of a site
or structure, such new construction shall be screened or otherwise visually
buffered.
E.
Demolition restricted. No historic feature as defined
of this chapter shall be demolished or moved from its original foundations
without approval of the Borough Council. The applicant shall submit to the
Borough Council a letter from either the State Historic Preservation Officer
or from the Preservation Trust of Lancaster County identifying the significance
of the property, potential effects of the project that would be adverse and
possible mitigation measures that could be employed. In evaluating any request
for demolition of a historic feature the Borough Council shall take into account
the significance of the property, the condition of the feature the potential
for repair, restoration, stabilization, and reuse, the impact of the feature
in relation to the total project, and the hardship, if any, on the applicant.
F.
Retention of local names. Applicants are encouraged to
perpetuate historic names or geographic references that are traditionally
associated with the area in which a project is located, rather than proposing
project names that are not consistent with Lancaster County traditions or
culture.
All subdivisions or land developments containing 50 or more dwelling
units or nonresidential buildings containing 20,000 or greater square feet
of gross floor area shall be provided with at least two separate and distinct
means of access for the subdivision or land development.
A.
Access may be provided through the location of two or
more public or private streets, each of which intersects with an existing
public street. Such public or private streets shall meet all the requirements
of this chapter concerning design and construction.
B.
Access for a land development may be provided through
two or more driveways into the land development. Such driveways shall be separated
by a distance of at least 150 feet and shall comply with all requirements
of this chapter.
C.
If the applicant is unable to provide access to the subdivision
or land development through two or more public or private streets, each of
which intersects with an existing public street or two or more driveways which
intersect with one or more existing public streets, an emergency access shall
be provided.
(1)
The emergency access shall be improved so that emergency
vehicles may safely transverse it and shall be indicated on the plans.
(2)
The emergency access shall be accessible to the providers
of emergency services within the Borough. Applicants proposing to provide
emergency access shall submit evidence of such approval.
(3)
The emergency access may be located so that access to
the subdivision or land development is gained from a public street at a location
unsuitable for regular access with an existing public street.
(4)
The emergency access may be located so that access is
gained from an adjacent tract. For example, a subdivision or land development
adjoining a parking lot of another use may provide emergency access through
a point with a break chain. Applicants with plans indicating emergency access
through an adjoining private tract shall provide evidence that the adjoining
property owner has consented to such emergency access location.
