A. 
The following principles, standards, and requirements will be applied by the Borough Council and Planning Commission in their review and evaluation of all subdivision and land development plat applications.
B. 
The standards and requirements contained herein shall be considered the minimum for the promotion of the public health, safety, convenience, and general welfare.
C. 
Where literal compliance with the standards and requirements contained herein is clearly impractical, the Borough Council may modify or waive such through the alteration of requirements process set forth in Article VIII of this chapter.
D. 
Subdivision and land development plats shall give due consideration to official plans of the Borough of Steelton, Dauphin County and region, or to such parts thereof as may be adopted pursuant to statute.
E. 
Proposed land uses shall conform to Chapter 120, Zoning, of this Code, as amended.
F. 
Land subject to hazards to life, health, or property, such as may arise from fire, flood, disease, or other causes, shall not be platted for development purposes unless such hazards have been eliminated or unless the plat shall show adequate safeguards against them, which shall be approved by the appropriate regulatory agencies.
A. 
General standards.
(1) 
Proposed streets shall be properly related to such street plans or parts thereof as have been officially adopted by the Borough of Steelton and shall be coordinated with existing or proposed streets in adjoining subdivisions or land developments. Further, proposed streets shall be properly related to county, regional or state transportation plans as have been prepared and adopted as prescribed by law.
(2) 
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, collector and arterial streets shall be designed for use by through traffic.
(3) 
Streets shall be related to the topography so as to establish usable lots and satisfactory street grades.
(4) 
Proposed street arrangements shall make provisions for the continuation of existing streets in adjoining areas; the proper projection of streets into adjoining undeveloped or unplanted areas; and the continuation of proposed streets to the boundaries of the tract being subdivided.
(5) 
New half or partial streets shall be prohibited except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be obtained.
(6) 
Names of new streets shall not duplicate existing or platted street names, or approximate such names by the use of suffixes such as "lane," "way," "drive," "court," "avenue." In approving the names of streets, cognizance shall be given to existing or platted street names within the postal delivery district served by the local post office. New streets shall bear the same name or number of any continuation of alignment with an existing or platted street.
(7) 
Insofar as possible, streets on which structures utilizing solar access are proposed to front upon shall be oriented along an east-west axis with maximum deviations permitted up to 25 degrees; provided that such orientations are feasible based on soil and slope conditions and are a practical means of providing safe and convenient access and circulation.
(8) 
Proposed private streets (streets not offered for dedication) are prohibited.
(9) 
Proposed private service access for purposes of providing a means of secondary access to a lot are permitted as deemed appropriate by the Borough Council and Borough Engineer.
B. 
Street classification. Three functional classifications of streets and roads, as classified in the Borough of Steelton Comprehensive Plan, are established as follows:
(1) 
Arterial. This classification includes highways which provide intracounty or intermunicipal traffic of substantial volumes. Generally, these highways shall accommodate operating speeds of 55 miles per hour.
(2) 
Collector. This classification is intended to include those highways which connect minor streets to arterial highways and generally serve intracounty and intramunicipal traffic. They may serve as traffic corridors connecting residential areas with industrial, shopping and other services. They may penetrate residential areas. Generally, these highways will accommodate operating speeds of 35 to 45 miles per hour or under.
(3) 
Minor. 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 shall be designed for operating speeds of 25 miles per hour or under.
C. 
Street widths.
(1) 
Minimum street right-of-way and cartway widths shall be required as presented in Table 1.
(2) 
Provision for additional street width (right-of-way) may be required when determined to be necessary by the Borough Council in specific cases for:
(a) 
Public safety and convenience.
(b) 
Parking in commercial and industrial areas and in areas of high density development (see Table 1).
TABLE 1
STREETS
Arterial Streets
Row width
80 feet to 120 feet
Shouldersa
As determined by the governing body and Planning Commission after consultation with PennDOT
Without curbs
As determined by the governing body and Planning Commission after consultation with PennDOT
With curbs
As determined by the governing body and Planning Commission after consultation with PennDOT
Base materials
As determined by the governing body and Planning Commission after consultation with PennDOT
Paving
As determined by the governing body and Planning Commission after consultation with PennDOT
TABLE 1
STREETS
Collector Streets
Row width
60 feet
Shouldersa
6 feet each
Without curbs
28 feet
With curbs
34 feet
Base materials
10 inches — #4 crushed aggregate
or
6 feet — 2A subbase and 6 inches BCBC
Paving
1 1/2 inches — ID-2 wearing course
TABLE 1
STREETS
Minor Streets
(General)
Row width
50 feet
Shouldersa
4 feet each
Without curbs
24 feet
With curbs
30 feet
Base materials
6 inches — #4 crushed aggregate
or
6 inches — 2A subbase and 5 inches BCBC
Paving
1 1/2 inches — ID-2 wearing course
TABLE 1
STREETS
Minor Streets
(Industrial/Commercial Uses)
Row width
60 feet
Shouldersa
6 feet each
Without curbs
28 feet
With curbs
34 feet
Base materials
8 inches — #4 crushed aggregate
or
6 inches — 2A subbase and 5 inches BCBC
Paving
1 1/2 inches — ID-2 wearing course
TABLE 1
STREETS
Cul-de-sac
Row width (diameter)
100 feet
Shouldersa
4 feet each
Without curbs (diameter)
80 feet
With curbs (diameter)
80 feet
Base materials
6 inches — #4 crushed aggregate
or
6 inches — 2A subbase and 5 inches BCBC
Paving
1 1/2 inches — ID-2 wearing course
TABLE 1
STREETS
Service Drive
(Private)
Row width
N/A
Shouldersa
N/A
Without curbs
20 feet
With curbs
20 feet
Base materials
8 inches — #3A crushed aggregate
Paving:
1 1/2 inches — ID-2 binder
1 1/2 inches — ID-2 wearing course
a NOTE: Required only in absence of curbing.
(3) 
Minimum requirements may be adjusted for traffic volume or loads by the Borough Engineer.
D. 
Dead-end streets.
(1) 
Dead-end streets are prohibited unless designed for future access to adjoining properties.
(2) 
Any dead-end streets, for access to an adjoining property or because of authorized phased development, shall be provided with a temporary, all-weather turnaround within the subdivision or/and land development; and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.
(3) 
Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width.
E. 
Culs-de-sac.
(1) 
Cul-de-sac streets serving residential uses, permanently designed as such, shall not exceed 800 feet in length and shall not furnish access to more than 24 dwelling units.
(2) 
Cul-de-sac streets servicing commercial and/or industrial uses shall be adequate for the type of use to be serviced as approved by the Borough Engineer, but in no case shall it exceed 800 feet in length. Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width.
(3) 
All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround.
(4) 
The minimum width to the pavement edge or curbline shall be 40 feet, and the minimum width of the right-of-way line shall be 50 feet.
(5) 
Drainage of cul-de-sac streets shall preferably be towards the open end. If drainage is toward the closed end, it shall be conducted away in an underground storm sewer.
(6) 
The center-line grade on a cul-de-sac street shall not exceed 10%, and the grade of the diameter of the turnaround shall not exceed 5%.
F. 
Driveways.
(1) 
Private driveways on corner lots shall be located at least 40 feet from the point of intersection of the nearest street right-of-way lines or past the minimum sight triangle, whichever is greater.
(2) 
In order to provide a safe and convenient means of access, grades on private driveways shall be so designed to allow for the unimpeded flow of stormwater runoff. In addition, driveways must be stabilized to their full width to prevent erosion. Entrances shall be rounded at a minimum radius of 10 feet, or shall have a flare construction that is equivalent to the radius at the point of intersection with the cartway edge (curbline) (Refer to PennDOT, Guidelines for Design of Local Roads and Streets, Publication Number 70, as revised.)
(3) 
All driveways shall be located, designed and constructed in such a manner as not to interfere or be inconsistent with the design and maintenance and drainage of or the safe and convenient passage of traffic.
G. 
Horizontal and vertical curves. In order to provide adequate sight distance and ensure proper alignment of streets, horizontal and vertical curve design shall be in accordance with PennDOT, Guidelines for Design of Local Roads and Streets, Publication Number 70, as revised.
H. 
Intersections.
(1) 
Streets shall intersect as nearly as possible at right angles, and no street shall intersect another at an angle of less than 75 degrees.
(2) 
Intersections involving the junction of more than two streets are prohibited.
(3) 
Streets intersecting another street shall either intersect directly opposite to each other, or shall be separated by at least 150 feet between center lines, measured along the center line of the street being intersected.
(4) 
Intersections shall be approached on all sides by a straight leveling area, the grade of which shall not exceed 5% within 60 feet of the intersection of the nearest right-of-way lines.
(5) 
Intersections with major streets shall be located not less than 800 feet apart, measured from center line to center line, along the center line of the major street.
(6) 
At intersections of streets the curb or edge of pavement radii shall not be less than the following:
Intersection
Minimum Simple Curve Radii of Curb or Edge of Pavement
(feet)
Collector with collector street
35
Collector with minor street
25
Minor street with minor street
20
(7) 
Radius corners or diagonal cutoffs must be provided on the property lines substantially concentric with or parallel to the chord of the curb radius corners.
I. 
Intersection sight distance and clear sight triangles. Adequate sight distances shall be provided at all intersections of streets and for driveways intersecting a street in accordance with the guidelines established in the PennDOT publication entitled "Guidelines for the Design of Local Roads and Streets" (Publication Number 70M, as revised).
J. 
Street grades.
(1) 
The grades of streets shall not be less than the minimum or more than the maximum requirements listed below:
Type of Street
Minimum Grade
Maximum Grade
All streets
0.58
As determined by the governing body after consultation with the Commission and PennDOT
Collector streets
0.58
8%
Minor streets
0.58
10%
Service drives
0.58
12%
Street intersection
0.58
5%
(2) 
On minor streets and service drives, grades greater than 10% shall not be more than 400 feet in length, or as determined by the Borough Council.
K. 
Slopes of banks along streets. The slope of banks along streets measured perpendicular to the street center line shall be no steeper than the following:
(1) 
One foot of vertical measurement for three feet of horizontal measurement for fills.
(2) 
One foot of vertical measurement for two feet of horizontal measurement for cuts.
L. 
Access roads and drives.
(1) 
Direct access from residential lots to an arterial street shall be avoided whenever possible. Where such direct access cannot be avoided, adequate turnaround space shall be provided behind the right-of-way line.
(2) 
A valid highway occupancy permit shall be obtained from PennDOT. Driveways serving single-family residences shall intersect streets at angles of no less than 60 degrees. All other driveways or access roads shall intersect streets at right angles, where possible, and in no instance shall such intersection be less than 75 degrees.
(3) 
The width of access roads or driveways shall be in accordance with the following standards:
(a) 
For multifamily residential and all nonresidential developments or subdivisions, access roads shall be no less than 22 feet in width at the street line, and shall clearly be defined by the use of curbing.
(b) 
For single-family residential subdivisions, driveways shall be not less than 10 feet in width and no greater than 20 feet in width at the street line.
(4) 
In order to provide for safe and convenient ingress and egress points, access roads and driveway entrances shall be rounded at the following minimum radii:
(a) 
For multifamily residential and all nonresidential developments or subdivisions, access road entrances shall be rounded at minimum radius of 10 feet.
(b) 
For single-family residential subdivisions, driveway entrances shall be rounded at a minimum radius of five feet.
(5) 
The grades on access roads or driveways shall not exceed the following:
(a) 
Eight percent when access is to an arterial street.
(b) 
Ten percent when access is to a collector or minor street.
A. 
Easements shall be provided for drainage facilities, overhead or underground public utility facilities in consultation with the Borough Engineer, the electrical, telephone, cable and water utilities, PennDOT, and the Borough authority. Easements for sanitary sewers that are not in the street right-of-way shall be exclusive for that purpose, and shall be subject to approval by the Borough Authority and Borough Council.
(1) 
The minimum width of such easements shall be 20 feet. Additional width may be required by the Commission and/or Authority. There shall be a minimum ten-foot building setback from such easements.
(2) 
Wherever possible all easements for utilities aboveground shall be centered on the side or rear lot lines, or along the front lot lines. All sanitary sewer easements shall be placed in the street right-of-way wherever possible.
B. 
Where a subdivision and/or land development is traversed by a watercourse, drainageway channel or stream, there shall be provided a drainage easement width to be determined by Borough Council based on recommendation of the Borough Engineer, and/or other regulatory agencies, conforming substantially with the line of such watercourse, drainageway, channel or stream and such width as will be adequate to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities or for the purpose of installing a stormwater sewer. Under no circumstances shall the easement be less than 25 feet.
C. 
Where a subdivision or land development involves the use of solar access, solar skyspace easements will be provided, shall be in writing, and shall be subject to the same conveyancing and instrument recording requirements as other easements. Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating a solar skyspace easement shall include but not be limited to:
(1) 
A permanently identifiable description of the skyspace above the burdened land into which trees, buildings and/or other obstructions as specified by the easement shall not be permitted to encroach;
(2) 
Any terms or conditions under which the solar skyspace easement is granted or will be terminated; and
(3) 
Any provision for compensation by the owner of the land benefiting from the solar skyspace easement, or compensation of the owner of the land burdened by the solar skyspace easement for maintaining the easement.
D. 
Where necessary for access to public or common lands, a pedestrian easement shall be provided with a width of no less than 10 feet. Additional width may be required by the Commission depending on the purpose and use of the easement.
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 municipality, the topography of the land being subdivided or developed, and the requirements for safe and convenient vehicular and pedestrian circulation.
B. 
Blocks shall not exceed 1,200 feet in length, nor be less than 600 feet in length. Where practical, blocks along collector or arterial streets shall be not less than 1,000 feet in length.
C. 
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.
D. 
Blocks for commercial and industrial areas may vary from the elements of design contained in this section if the nature of 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 rights-of-way, and utilities shall be provided as necessary.
E. 
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 stabilized for a 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.
A. 
General standards.
(1) 
The size, depth, width and orientation of lots shall conform to applicable regulations of Chapter 120, Zoning, of this Code.
(2) 
Side lot lines shall, insofar as practical, run from due north to south where the resulting angle of incidence with the street is not less than 30 degrees. A variation of up to 25 degrees east or west of the north/south axis is permitted.
(3) 
Where feasible, lot lines shall follow Borough of Steelton boundaries rather than cross them, in order to avoid jurisdictional problems.
(4) 
If, after subdividing, there exists remnants of land, they shall be either:
(a) 
Incorporated in existing or proposed lots; or
(b) 
Legally dedicated to public use, if acceptable to the municipality.
B. 
Lot frontage.
(1) 
All lots shall abut a public street, existing or proposed.
(2) 
Double or reverse frontage lots shall be avoided except where required to provide separation of residential development from major streets or to overcome specific disadvantages of topography or orientation.
(3) 
No residential lots shall be created which front upon a limited access highway. Furthermore, no major subdivisions and/or land developments shall be created which front upon an arterial street.
C. 
Building setback.
(1) 
Front, side, and rear setbacks shall be in conformance with the Chapter 120, Zoning, of this Code, as amended.
(2) 
Buildings shall be oriented such that their longest axis faces within 25 degrees of true south whenever lot size, street orientations, soil, and slope conditions make this practical.
A. 
In the event that any person shall intend to make changes in the contour of any land or engage in earthmoving activity, whether for subdivision, land development or any purpose, such person, who is required to obtain a permit, shall obtain such a permit from the DEP in accordance with the requirements of the rules and regulations, Chapter 102, Erosion Control, authorized under P.L. 1987, June 22, 1937.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
Furthermore, under the requirements noted above, the Borough of Steelton shall notify the DEP immediately upon receipt of an application for a building permit involving earthmoving activity which affects five acres or more of land.
C. 
The Borough shall not issue a building permit to those engaged in earthmoving activities requiring a DEP permit until the DEP has issued the permit.
D. 
An erosion and sedimentation control plan must be prepared for a single lot or more where subdivision, land development or other earthmoving activity is proposed. The plan must be submitted:
(1) 
As required by the rules and regulations of the DEP noted above; and
(2) 
As required by the Pennsylvania Clean Streams Law, Act 222, July 31, 1970, as amended.[2]
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
E. 
Such erosion and sedimentation control plan shall be submitted to the Borough Engineer and County Conservation District for review, and a copy of the plan and review comments shall be submitted to the Commission as part of the preliminary and final plat applications.
F. 
In the preparation of erosion and sedimentation control plans, the person preparing such plans shall consult with the County Conservation District to determine the measures needed to control erosion and sedimentation. The current DEP Erosion and Sedimentation Pollution Control Program Manual, as amended, shall be used in the preparation of such plans. Copies are available in the Dauphin County Conservation District office.
A stormwater management plan shall be prepared in accordance with the provisions established in the Borough of Steelton Stormwater Management Ordinance (Chapter 93).
The design and development of all subdivision and land development plans preserve, whenever possible, natural features which will aid in providing open space for recreation and conditions generally favorable to the health, safety and welfare of the residents of the Borough. These natural features include the natural terrain of the site, woodland areas, large trees, natural watercourses and bodies of water, wetlands, rock outcroppings and scenic views.
A. 
Tree preservation and planting.
(1) 
Trees, with a caliper of six inches or more as measured at a height of 4 1/2 feet above existing grade, shall not be removed unless they are located within the proposed cartway or sidewalk portion of the street right-of-way, or within 15 feet of the foundation area of a proposed building. In areas where trees are retained, the original grade level shall be maintained, if possible, so as not to disturb the trees. Trees shall not be planted in the street right-of-way.
(2) 
Where existing trees are removed along the street right-of-way, supplemental planting, in the form of appropriate street trees, shall be introduced. See § 99-39 for additional details concerning landscaping.
(3) 
The location and species of trees and other landscaping elements shall be such that when grown to full maturity shall not impede access to solar energy collectors on neighboring structures.
B. 
Lake, stream, and river frontage preservation.
(1) 
A maintenance easement for the Borough or its designee, with a minimum width of 25 feet, shall be provided along all stream and river banks and lake edges. Such easement, in all cases, shall be of sufficient width to provide proper maintenance.
(2) 
Lake, stream, and river frontage shall be preserved as open space whenever possible.
(3) 
Access shall be provided to the water and maintenance easement area. The width of such access points shall not be less than 50 feet.
C. 
Topography. The existing natural terrain of the proposed subdivision tract shall be retained whenever possible. Cut and fill operations shall be kept to a minimum.
A. 
General standards.
(1) 
Where not prohibited by this or any other laws or ordinances, land located in any identified floodplain area or district 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 local, state and federal laws and ordinances regulating such development.
(2) 
Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any identified floodway area or district. Sites for these uses may be permitted outside the elevated 1 1/2 feet above the regulatory flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend out laterally for a distance of at least 15 feet beyond the limits of the proposed structures.
(3) 
Building sites for structures or buildings other than for residential uses shall not be permitted in any identified floodway area or district. Also, such sites for structures or buildings outside the floodway shall be protected as provided for in Subsection A(2) above. However, the Borough Council may allow the subdivision and/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 floodproofed at least up to that height.
(4) 
If the Zoning Officer determines that only a part of a proposed plat can be safely developed, he shall limit development to that part and shall require that development proceed consistent with this determination.
(5) 
When a developer does not intend to develop the plat himself and the Borough determines that additional controls are required to insure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.
B. 
Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult the County Conservation District representative concerning plans for erosion and sediment control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accommodate. Before undertaking any excavation or grading, the developer shall obtain a grading and excavation permit, if such is required.
C. 
Drainage facilities.
(1) 
Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets and provide positive drainage away from buildings.
(2) 
Plans shall be subject to the approval of the Borough. The Borough may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge or excess runoff onto adjacent properties.
D. 
Streets. The finished elevation of proposed streets and driveways shall not be more than one foot below the regulatory flood elevation. The Borough may require profiles and elevations of streets to determine compliance with the requirements. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
E. 
Sanitary sewer facilities. All sanitary sewer systems located in any designated floodplain district shall be floodproofed up to the regulatory flood elevation.
F. 
Water facilities. All water systems located in any designated floodplain district shall be floodproofed up to the regulatory flood elevation.
G. 
Other utilities and facilities. All other public and private utilities, including gas and electric shall be elevated or floodproofed to not less than 1 1/2 feet above the regulatory flood elevation.
A. 
All residential subdivisions or land development plats submitted after the effective date of this chapter shall provide for suitable and adequate recreation in order to:
(1) 
Insure adequate recreational areas and facilities to serve the future residents of the Borough;
(2) 
Maintain compliance with recreational standards as developed by the National Recreation and Parks Association;
(3) 
Reduce increasing usage pressure on existing recreational areas and facilities;
(4) 
Insure that all present and future residents have the opportunity to engage in many and varied recreational pursuits; and to
(5) 
Reduce the possibility of the Borough becoming overburdened with the development and maintenance of many very small, randomly planned and widely separated recreation areas.
B. 
Exemptions and requirements.
(1) 
The following are exempt or partially exempt from the provisions of this chapter:
(a) 
Any single- and/or multifamily residential subdivision or land development plan in a residential zone classification for which a preliminary plan has been submitted prior to the effective date of this chapter.
(b) 
Any residential subdivision or land development plan, whether single and/or multifamily, that contains less than 30 dwelling units may be exempted by the Borough Council from dedicating land for recreational purposes, but shall pay the fee in lieu of dedication as provided in this chapter. Yard extensions shall be excluded from this requirement.
(2) 
The amount of land required to be provided for recreational purposes for residential subdivisions or land development plans not exempted from the provisions of this chapter shall be as follows:
(a) 
Single-family developments. In the case of a single-family subdivision, the developer shall provide a minimum of 1,500 square feet per lot.
(b) 
Multiple-family developments. In multiple-family developments, a minimum contiguous area of 10% of the total area shall be provided for recreation exclusive of roadways of the land being developed.
(3) 
A maximum of 25% of the total land area required by this chapter to be provided for recreation may consist of floodplain areas.
(4) 
Such land set aside shall be suitable to serve the purpose of active and/or passive recreation by reason of its size, shape, location and topography and shall be subject to the approval of the Borough Council.
(5) 
The developer shall satisfy the Borough Council that there are adequate provisions to assure retention and all future maintenance of such recreation area by maintaining ownership, or by providing for and establishing an organization (e.g., homeowners' association) for the ownership and maintenance of the recreation area and such organization shall not be dissolved nor shall it dispose of the recreation area by sale or otherwise, except to an organization conceived and established to own and maintain the recreation area without first offering to dedicate the same to the Borough.
C. 
Recreation area location criteria. The Planning Commission and the Borough Council, in exercising their duties regarding the approval of subdivision and land development plans, shall consider the following criteria in determining whether to approve the proposed location of recreation areas in the developer's subdivision and land development plans:
(1) 
Site or sites shall be easily and safely accessible from all areas of the development to be served, have good ingress and egress and have access to a public road; however, no public road shall traverse the site or sites.
(2) 
Site or sites shall have suitable topography and soil conditions for use and development as a recreation area.
(3) 
Size and shape for the site or sites shall be suitable for development as a particular type of park. Sites will be categorized by the Borough using the standards established by the National Recreation and Parks Association. (Publication Number 10005, as revised).
(4) 
When designing and developing these recreation areas, it shall be done according to the standards established by the National Recreation and Parks Association.
(5) 
Site or sites shall, to the greatest extent practical, be easily accessible to essential utilities, such as water, sewer and electric.
(6) 
Site or sites shall meet minimum size requirements for usable acreage with respect to National Recreation and Parks Association standards with 75% of such area having a maximum slope of 7%.
(7) 
Recreation sites shall be located in such a manner which allows maximum practical solar access to neighboring structures.
(8) 
Where open space is being provided, it shall be located, wherever possible, to provide a buffer from the shading effects of taller structures or obstructions on existing or proposed shorter buildings.
D. 
Dedication to municipality.
(1) 
In a case where the developer does not wish to retain the required recreation area, such area may be offered for dedication to the Borough for public use.
(2) 
In addition to approving the recreation site areas to be dedicated to the Borough, the Planning Commission shall make its recommendation to the Borough Council as to whether the dedication shall be accepted by the Borough.
(3) 
Such areas dedicated to the Borough for public use shall be suitable for recreational purposes by reason of size, shape, location, topography and access.
(4) 
The Planning Commission may find dedication to be impractical because of the size, shape, location, access, topography, drainage or other physical features of the land and that such dedication would adversely affect the subdivision or land development and its future residents or occupants, or that there is no land area within the proposed subdivision which is practical for dedication to the public because of size, access, topography or other physical characteristics.
(5) 
When the Borough Council deems it to be in the public interest to accept dedicated land, such acceptance shall be by means of a signed resolution to which the property description of the dedicated recreation area shall be attached.
E. 
Fee in lieu of dedication.
(1) 
Where the Borough Council agrees with the developer that because of the size, shape, location, access, topography or other physical features of the land that it is impractical to dedicate land to the Borough or set aside a recreation area as required by this section, the Borough Council shall require a payment of a fee in lieu of dedication of such land which shall be payable to the Borough prior to approval of each final section of the overall plan by the Borough Council. Such fee shall be calculated by multiplying the number of dwelling units in each section by the fee per dwelling unit.
(2) 
The amount of the fee shall be set from time to time by resolution of the Borough Council.
(3) 
All monies paid to the Borough Council pursuant to this section shall be used only for the acquisition of and/or capital improvements for park and recreation purposes.