A.
The design standards established in this article are
intended to be fundamental requirements to be applied with professional
skill in the subdividing and planning of land so as to produce attractive
and harmonious neighborhoods, convenient and safe streets and economical
layouts of residential and other land development. The design standards
are further intended to encourage and promote flexibility and ingenuity
in the layout and design of subdivisions and land developments, in
accordance with modern and evolving principles of site planning and
development.
B.
It is also the intent of this article to require subdividers
and developers to follow all applicable codes, regulations and standards
adopted by the Borough relative to improvements to the subdivision
or development site. In all cases, the codes, regulations and standards
of the Borough shall be followed and the improvements shall be approved
by the municipality before the final plan is approved. All improvements
as specified in this article shall be installed before the final plat
is approved, or, in lieu thereof, a guaranty of installation shall
be provided by the subdivider or developer prior to final plat approval.
The guaranty shall assure the Borough that the required improvements
will be installed in accordance with the subdivision or land development
plan.
C.
During the design and approval of subdivision and
land development plans, both the municipality and the developer shall
give primary consideration to all state, county and Borough thoroughfare
plans, water plans, sewer plans, community facility plans, official
maps and all such other public and voluntary sector plans as may be
in effect in and for the Borough.
D.
The standards outlined herein shall be considered
minimum standards, and the municipality may require more restrictive
standards. Wherever municipal or other applicable regulations impose
more restrictive standards, such other regulations shall control.
E.
Land subject to hazards of life, health or property
as may arise from fire, floods, mine fire, mine subsidence, toxic
waste, disease or other dangers shall not be subdivided for development
or developed for purposes susceptible to such hazards unless they
have been eliminated or the subdivision or land development plan provides
adequate safeguards against such.
In addition to the standards contained elsewhere
in these regulations, the following general standards shall be observed:
A.
Existing utilities and improvements. Existing utilities
and improvements shall be utilized wherever possible. New roads and
extended utility services shall be discouraged if existing services
and facilities may be utilized. Scattered urban development shall
be avoided.
B.
Minimize street lengths. Development designs shall
minimize street lengths necessary to serve developed properties.
C.
Lot line angles. Side lot lines should be substantially
at right angles or radial to street lines, unless the purpose of lot
line orientation is to obtain greater solar access.
D.
Depth of residential lots. Depth of residential lots
should be not less than one nor more than three times the lot width.
E.
Lot frontage and access.
(1)
Every lot shall abut a street. Lot frontage or access
shall be physically accessible by standard vehicle in existing condition
or the municipality shall require illustration of the site improvements
planned and necessary to alter steep banks, floodplains, visibility
limitations, etc., to a condition that will facilitate safe and adequate
access. The municipality may also require that lots be arranged to
reserve a right-of-way for street access to future lots.
(2)
The development of sites not located on a public thoroughfare
of sufficient width and alignment in respect to the traffic to be
generated is forbidden under this chapter. When proposed subdivisions
or land developments are not located directly upon an adequate public
thoroughfare, the municipality will require the developer to improve
the access road between the site and the nearest adequate thoroughfare
to the standards of this chapter as a condition for final plan approval.
Said access road must be dedicated to the municipality after the completion
of development as provided for in this chapter.
F.
Double- or reverse-frontage lots. Double-frontage
lots shall be prohibited except where, in the judgment of the municipality,
they are necessary to separate residences from major traffic arteries
or railroads or to overcome specific disadvantages of topography in
hillside areas. Where double-frontage lots back on a major traffic
artery, a planting strip for a screen, at least 20 feet in width,
shall be provided along the back of the lot. The municipality may
also require a twenty-foot planting screen for a double-frontage lot
which backs on a railroad or other disadvantageous use. Double- or
reverse-frontage lots may be preferred or required when lot access
to an adjoining street is not permitted or separation from the street
is desired because of topographic, orientation, aesthetic, congestion,
safety or high noise level considerations.
G.
Drainage and utility easements. Adequate easements
or rights-of-way shall be required for drainage and utilities. Easements
shall be a minimum of 20 feet in width and, whenever possible, shall
be centered on side or rear lot lines. No structure or buildings shall
be erected within such easements.
H.
Natural and historic feature preservation. Every measure
shall be taken to ensure, insofar as possible, the preservation of
natural and historic features, areas and structures determined to
be worthy of such preservation by the municipality and public access
to such where appropriate. Site design and development shall include
reasonable efforts to save existing trees and vegetation and to provide
for the planting of such additional trees and vegetation as may be
required to meet Borough standards for the same.
I.
Pedestrian circulation.
(1)
Pedestrian walkways shall be physically separated
from all streets and, insofar as possible, from vehicle circulation
ways within nonresidential developments.
(2)
Parking lots shall be designed so as to minimize the
necessity for pedestrians to walk within and across vehicle circulation
ways.
(3)
Commercial developments should be designed so as to
allow pedestrians to browse and pause in areas removed or otherwise
protected from vehicular circulation and parking areas.
(4)
Insofar as possible, common open areas and other residential
service areas shall be located at the interior of dwelling sites to
minimize the necessity for pedestrians to cross streets.
(5)
Construction standards for sidewalks and curbs shall
be in accordance with Chart III.[1]
[1]
Editor's Note: Chart III is included at the end of this chapter.
J.
Residual land and nearby development. The standards
of this chapter shall apply to all lots being subdivided or developed
and residual land which is created by the subdivision or land development
activity. The design of proposed subdivisions and land developments
shall be coordinated with existing nearby development and physiography
so that the entire area may be developed harmoniously.
K.
Structure orientation.
(1)
Structure sites should be grouped whenever possible
as such provides larger, more usable open space without decreasing
the overall density of development.
(2)
Extra building setbacks are recommended at all street
intersections in order to increase sight distances and to make the
presence of an intersection more apparent.
(3)
Insofar as possible, commercial structures should
be relatively central in respect to their parking areas in order to
minimize required walking distances for safety and convenience. (Protected
pedestrian accessways shall be provided in commercial developments
adjacent to residential neighborhoods.)
L.
Vegetation and street trees.
(1)
Street trees.
(a)
The developer shall seed the planting strip
between the curb and sidewalk, if either or both are required, and,
in addition, provide street trees of a caliper not less than one to
two inches and planted 40 feet to 60 feet apart. The type and spacing
of the trees shall be approved by the municipality.
(b)
The following is a list of acceptable trees.
Any tree not on this list must be specifically approved by the municipality.
Any tree which is on this list must be approved as to locale of the
project by the municipality:
Norway maple
| |
Sugar maple
| |
White ash
| |
Green ash
| |
Maidenhair tree
| |
Thornless honey locust
| |
Sweetgum
| |
Oriental plane tree
| |
American plane tree
| |
White oak
| |
Red oak
| |
Scarlet oak
| |
Pin oak
| |
Littleleaf European linden
| |
Silver linden
| |
American elm
|
(2)
Conservation. Development shall be planned so as to
minimize the removal of existing trees, shrubs and ground cover and
to minimize the amount of land covered by structures and paving.
(3)
Noise control. Street trees along arterial and collector
streets in residential areas are recommended to absorb traffic noise.
(4)
Screening. Wherever natural screening is being provided
to meet a screening requirement of any zoning ordinance, such shall
consist of 50% evergreen or evergreen-type hedges and 50% shrubs interplanted
and of a variety and size at the time of planting that such will attain
a height of at least six feet within three years thereafter and spaced
at intervals of not more than four feet. Furthermore, subdivision
and land development plans shall provide for such screening:
(a)
Where commercial or industrial uses abut residential
uses.
(b)
Where residential uses abut any railroad or
limited access highway or any other arterial highway in the case of
reverse frontage or where marginal or rear access is provided.
(c)
Around all open sides of any common utility
yard and any outdoor equipment or refuse storage area in a group residential
development.
(d)
Elsewhere as deemed necessary by the municipality.
(5)
Windbreaks. The use of planting rows to serve as windbreaks
to control the drifting of snow across public and private thoroughfares
as well as for general comfort is recommended.
(6)
Obstructions to vision. No bushes or shrubs exceeding
30 inches in height or at such lesser height which, due to ground
elevations, would obstruct the vision of motorists shall be permitted
within any required clear sight triangle nor within 10 feet of the
right-of-way line adjacent to access drives, and all street trees
shall be kept free of branches and foliage from the ground level to
a height of at least eight feet.
M.
Vehicle provisions.
(1)
Access drives. Whenever required and/or provided under
the provisions of this chapter or otherwise, all access drives shall
be designed according to the following standards:
(a)
Except in the case of single- and two-family
dwellings, the general layout shall be such that there will be no
need for motorists to back into public rights-of-way.
(b)
Access drives for commercial and industrial
uses shall be paved and shall not be less than 18 feet in width nor
exceed 35 feet in width within 12 feet of the street right-of-way
line, excepting as increased by the curb radii.
(c)
The number of access drives shall not exceed
two per lot on any one street frontage. The municipality may grant
permission for additional access drives where required to meet exceptional
circumstances and where frontage of unusual length exists.
(d)
Access drives shall not cross the street right-of-way
lines:
[1]
Within 40 feet of the street right-of-way line
of an intersecting street and in no case less than 10 feet from the
point of tangency when the intersecting street lines are joined by
a curve. When deemed reasonably necessary for safety by the municipality,
this dimension shall be increased for access drives to shopping centers
and other commercial, industrial, public or institutional uses. Such
access drives shall be located on major streets, when practical, in
a manner to permit safe ingress and egress.
[2]
Within 10 feet of a fire hydrant, catch basin
or drain inlet.
[3]
Within 40 feet of another access drive, except
in the case of single- and two-family dwellings.
[4]
Within three feet of a property line, unless
two adjoining owners mutually agree to a common access drive.
[5]
Access to the public highway or street shall
be controlled in the interest of public safety. Off-street parking,
loading and service areas on all properties used for purposes other
than single-family residences shall be physically separated from the
highway or street by a curb, pipe, rail or fence and a planting strip.
(e)
General sight distance safety requirement. Driveways
shall be located in safe relationship to sight distance and barriers
to vision. They shall not exceed a slope of 10% within 12 feet of
the street line.
(2)
Off-street parking facilities. Whenever required and/or provided under the provisions of this chapter or otherwise, all off-street parking facilities shall be designed according to Chapter 350, Zoning.
(a)
Surfacing. In commercial and industrial uses,
any off-street parking area, service or access drive shall be graded
for proper drainage and shall be stabilized sufficiently to accommodate
the anticipated traffic.
(b)
Circulation patterns. The circulation patterns
in large off-street parking facilities (more than 40 vehicles) shall
be so arranged as to provide for orderly and safe parking and storage
of self-propelled vehicles, including the separation of lanes intended
for general circulation through the facility from the lanes used to
circulate through and among the dedicated parking lanes and areas.
(c)
Lighting. Any lighting used to illuminate any
off-street parking area shall be so arranged as to reflect the light
away from adjoining residential use premises as well as from vehicles
moving upon a public thoroughfare.
N.
Public uses.
(1)
Reservations by Comprehensive Plan. When a proposed
park, playground, school or other public use, as shown on the Comprehensive
Plan for either the County of Lackawanna or the Borough, is located
in whole or in part in a subdivision, the municipality may require
dedication or reservation of such area(s) within the subdivision in
those cases which the municipality deems such dedication or reservation
to be reasonable. Where such area(s) is not dedicated, it shall be
reserved for acquisition by the appropriate public body for a period
of one year unless said public body indicates its unwillingness to
acquire such area(s) at an earlier date. If not acquired by the appropriate
public body, such area(s) shall revert to the subdivider.
(2)
Recreation and education areas.
(a)
Upon consideration of a proposed land development,
particularly large-scale developments located outside of normal municipal
service areas, the municipality may require the dedication of public
grounds and open space for schools, parks, playgrounds and other appropriate
public uses in those cases where the municipality deems such uses
as essential and arising out of the needs created for the same by
the development itself. Suitable arrangements shall be made for fixing
responsibility for continued maintenance of these areas. These provisions
may be made applicable to the total areas of several contiguous subdivisions
in the instances of common majority ownership if so determined by
the municipality.
(b)
Every proposed residential subdivision or land
development to accommodate more than 25 dwelling units may be required
to provide open space for the common recreational use of the residents
thereof. The size of lots or area per dwelling unit required by any
zoning ordinance in effect may be reduced by 5%, except in the case
of on-lot sewage disposal, when such land is provided in accordance
with the following standards:
[1]
The land provided is of suitable size, dimensions,
topography and general character for the type of recreational use
deemed appropriate to the varied outdoor needs of the development
as determined by the municipality.
[2]
The amount of such land equals at least 0.02
acre for each dwelling unit to be established in the subdivision or
land development; provided, however, that such area must be at least
one acre in size.
[3]
Such recreational space shall be easily and
safely accessible to all areas of the subdivision or land developments
and shall be free of hazards to health and safety.
[4]
Such recreation area may be offered for dedication;
however, such offer shall not bind the Borough to accept the same.
If such dedication is accepted, the reduction of the area requirements
permitted above shall be deemed adequate compensation to the landowner
for the land so dedicated if said allowance has been exercised.
[5]
The developer shall make adequate provision
for the perpetuation and grounds maintenance of such recreation area
not offered or accepted for dedication and shall provide evidence
of such provision to the municipality upon filing the final plan.
(3)
Recreation area fee in lieu of land. In fulfillment
of this education and recreation area requirement, the developer may
offer to pay the Borough a fee, in an amount as set from time to time
by resolution of the Borough Council, in lieu of a set-aside of land
within the boundaries of the subdivision. Acceptance or rejection
of such an offer will be at the sole discretion of the municipality.[2]
(4)
Open spaces. In the case of planned residential developments
or cluster developments, no less than 25% of the total land area shall
be devoted to recreational use and common open space, and adequate
assurance for the perpetuation and maintenance thereof shall be provided
by the developer.
O.
Mine subsidence and mine fire hazards.
(1)
Land subject to mine subsidence or mine fires, as determined by the authorized state and/or federal officials, shall not be platted for use unless such adverse conditions are first remedied by the subdivider to the satisfaction of the municipality and other appropriate federal, state, county and local agencies. (See § 305-10 for other restrictions regarding geological hazards, etc.)
(2)
Land in identified mine subsidence areas may require
core borings under specified road and building sites, at locations
and at a frequency to be determined by the Borough Engineer. Said
core borings are to be conducted in accordance with state and federal
standards and are to be paid for by the developer.
P.
Subdivision of property with existing dwellings. Subdivision
of property with existing dwellings or development shall be regulated
by the following:
(1)
Each dwelling or use shall be serviced by separate
utility connections. Shared sewage systems are not permitted.
(2)
Each dwelling or use subdivided shall be on sufficient
land area to satisfy minimum lot area and yard setback requirements.
Where adequate land area is not available to satisfy minimum standards,
subdivision may be permitted when:
Q.
Special purpose subdivisions. Lot additions, land
exchanges, agricultural-use-only lands and any other specific or special
purpose subdivision or land development shall include prominent plan
notes to avoid misinterpretation of the intent of the subdivision
or land development plan. Applicable deed restrictions may be required.
R.
Accuracy of deeds.
(1)
Deeds filed subsequent to subdivision or land development
approval shall accurately and correctly describe the property therein.
Deeds shall be in complete compliance with all plan notes and conditions.
(2)
Recording a deed which omits or contradicts the information
on an approved subdivision or land development plan shall be a violation
of this chapter.
A.
Fire protection access easements. In the areas where,
in the opinion of the Borough Fire Chief, there will exist any fire
hazards, unobstructed fire-protection equipment access easements shall
be provided. The size, location, design and grading of such easements
shall be recommended by the Fire Chief and shall be as found necessary
by the municipality.
B.
Sole access street. For reasons of public safety,
any street serving as the only means of access to a development shall
be classified as not less than a collector street.
C.
Fire hydrants. The need, location, design and related
features of fire hydrants shall be as determined by the Fire Chief
in accordance with applicable existing laws and regulations.
Conservation of energy shall be an important
principle in the design of subdivisions and land developments. Plans
shall facilitate the energy-efficient placement of homes and buildings
on lots. Whenever the following criteria are found to be appropriate
to a site, development design should be in accordance with the standards
contained herein:
A.
Lot and structure orientation.
(1)
Lots shall be designed for energy-efficient siting
of buildings with respect to slopes and existing trees.
(2)
Southerly exposures should be utilized for development.
North slopes, especially those over 10% slope, should be avoided because
the long shadows created severely restrict solar access.
(3)
New lots and new residences shall be oriented to make
maximum effective use of passive solar energy. The long axis (depth)
of each lot should run north to south, with a possible east to west
variation of 22 1/2°. Lot design should provide for lots
of adequate width, depth and slope for solar orientation. Lot layout
should facilitate solar access by at least 75% of the proposed dwellings
or buildings within a development.
(4)
The largest yard setback should be stipulated on the
south side of proposed buildings. Buildings should be situated to
the north end of the lot to permit maximum on-lot control of solar
sky space.
B.
Streets.
(1)
Streets should be oriented along an east-west axis,
with maximum north-south deviations of 30°. This should be required
to the maximum extent possible, although size, configuration or orientation
of the property, nature of the surrounding development, circulation
patterns, existing physical features such as topography and vegetation
(trees) and improved design potential may be considered to determine
the feasibility of this requirement for a given site.
(2)
A street system shall be designed to reduce overall
lengths and facilitate traffic flow (minimum number of intersections).
C.
Vegetation and wind.
(1)
Site design shall emphasize the preservation of all
beneficial natural features of the site, such as existing slope, naturally
wooded areas and watercourses. The site design should also avoid requiring
removal of large isolated trees and desirable woods and other vegetation,
particularly those existing plant materials which serve as wind barriers
and aid in energy conservation.
(2)
Developments shall be designed to maximize wind buffering
and/or breeze channelization capabilities of vegetation, topography
and structure layouts. Windbreaks and buffers should utilize evergreens
to protect north and northwesterly exposures. Cooling breezes from
the southwest should be channeled past buildings. Deciduous trees
shall be located in areas which will enable them to shade buildings
from the summer sun but still allow penetration of the winter sun.
A.
The standards of this chapter may be increased or
the modification of the design of a proposed subdivision or land development
may be required, on the recommendation of the Municipal Engineer,
when such is deemed necessary as a result of topographic and other
natural or man-made physical features within or adjoining a particular
site to assure public safety, health and welfare, the provision of
public services and the maintenance of public facilities.
B.
Subdivisions shall be planned to take advantage of
the topography of land in order to utilize the natural contours, economize
in the construction of drainage facilities, reduce the amount of grading
and minimize destruction of trees and topsoil. The natural features
and other distinctive characteristics of the site shall be integrated
into the plan to create functional variations in the neighborhoods.
C.
Additionally, environmental safeguards may be mandated
on slopes in excess of 15%. On steep slopes (in excess of 15%), site
and lot design shall be adjusted, where necessary, to mitigate the
detrimental effects of development on steeper slopes. The following
topographic considerations shall be utilized in design of subdivisions
and land developments:
(1)
Streets. Land which is relatively flat or of very
gentle slopes should be planned so that the streets follow the natural
drainagecourses, and as many lots as possible shall be above the street
grade. On more irregular topography, streets shall be designed to
avoid extensive cuts and fills and follow the ridges or be planned
approximately parallel to contour lines and adjusted, however, so
that lots on one side of the street will not be excessively below
the street grade.
(2)
Natural drainage.
(a)
Subdivisions shall be designed, particularly
on land of very gentle slopes, to take every advantage of natural
grades so that all the land can be drained without excessive grading.
Where a subdivision is traversed by a watercourse, a drainage easement
or right-of-way shall be provided. These shall later conform substantially
to the line of such watercourse and shall be of adequate width as
determined by the Municipal Engineer to preserve natural drainage.
(b)
Unless watercourses or drainageways are enclosed,
the plan shall be adjusted so that rear lot lines shall be approximately
parallel to the natural or straightened course, and only where such
plan is not possible should side lot lines be arranged parallel to
an open drainagecourse. Easements for drainageways and low-lying land
which are subject to flooding may be included as part of a lot but
shall not be used as building sites or included in calculating the
required lot area or width.
(3)
Natural features. Natural features, irregularities,
changes in level, brooks, lakes, hilltops and other focal points within
the site and distant views outside the subdivision shall be integrated
in the design to obtain variations and interest in each neighborhood
and more attractive building sites. Trees, topsoil and other natural
resources shall be preserved and utilized in the development of the
subdivision.
(4)
Driveways. Private driveways shall be designed to
furnish safe and convenient access, with reasonable clear sight distance
at the intersection with the street. Steep slopes shall be traversed
diagonally to minimize grades. Driveway grades shall not exceed 15%
slope and shall be reduced to less than 10% at least 12 feet before
the street line. The municipality may require paving of driveways
exceeding 10% slope to minimize erosion.
A.
Grading.
(1)
Where major cuts, excavation, grading and filling
materially change the site and its relationship with surrounding areas
or materially affect such areas, they shall not be permitted if they
result in a slope exceeding a vertical rise of one foot for each two
feet of horizontal distance between abutting lots or between adjoining
tracts of land, except where adequate provision is made to prevent
slides and erosion by cribbing and retaining walls.
(2)
Adequate provisions shall be made to prevent surface
water from damaging the cut face of excavations of the sloping surfaces
of fills.
(3)
Cut and fills shall not endanger adjoining property.
(4)
Fill shall be placed and compacted so as to minimize
sliding or erosion of the soil.
(5)
Fills shall not encroach on natural watercourses or
constructed channels.
(6)
Fills placed adjacent to natural watercourses or constructed
channels shall have suitable protection against erosion during periods
of flooding.
(7)
Grading will not be done in such a way so as to divert
water onto the property of another landowner without the expressed
consent of the municipality.
(8)
During grading operations, necessary measures for
dust control will be exercised.
(9)
Grading equipment will not be allowed to cross live
streams. Provision will be made for the installation of culverts or
bridges.
(10)
The grading of the roadway shall extend the
full width of the cartway, shoulder and swale area, if applicable.
Where possible, grass strips or channels between the curb or shoulder
and right-of-way line should be graded at three-to-one slope; however,
when unusual topographic conditions exist, good engineering practice
shall prevail.
B.
Soil and sedimentation control.
(1)
No changes shall be made in the contour of the land
and no grading, excavating, removal or destruction of the topsoil,
trees or other vegetative cover of the land shall be commenced until
such time that a plan for minimizing erosion and sedimentation has
been processed with and reviewed by the municipality or there has
been a determination by the municipality that such plans are not necessary.
(2)
No subdivision or land development plan shall be approved
unless:
(a)
There has been a plan approved by the municipality
that provides for minimizing erosion and sedimentation consistent
with this article, and an improvement bond or other acceptable securities
are deposited with the municipality in the form of an escrow guaranty
which will ensure installation and completion of the required improvements;
or
(b)
There has been a determination by the municipality
that a plan for minimizing erosion and sedimentation is not necessary.
(3)
Measures used to control erosion and reduce sedimentation
shall, as a minimum, meet the standards and specifications of the
United States Department of Agriculture Natural Resources Conservation
Service. The Municipal Engineer or other official, as designated,
shall ensure compliance with the appropriate specifications, copies
of which are available at the municipal building.
(4)
Performance principles. The following measures are
effective in minimizing erosion and sedimentation and shall be included
where applicable in the control plan:
(a)
Stripping of vegetation, regrading or other
development shall be done in such a way that will minimize erosion.
(b)
Development plans shall preserve salient natural
features, keep cut-fill operations to a minimum and ensure conformity
with topography so as to create the least erosion potential and adequately
handle the volume and velocity of surface water runoff.
(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 as quickly
as practicable.
(f)
Temporary vegetation and/or mulching shall be
used to protect exposed critical areas during development.
(g)
The permanent (final) vegetation and structural
erosion control and drainage measures shall be installed as soon as
practical in the development.
(h)
Provisions shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after development. Where necessary, the rate of surface
water runoff will be structurally retarded.
(i)
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.
The minimum lot size and lot width requirements established by Chapter 350, Zoning, shall be utilized as minimum subdivision standards. All lots shall satisfy the Borough zoning standard for lot width and lot size at the time of subdivision. Additionally, the building setback lines established by Chapter 350, Zoning, shall be applicable and shall be noted on each subdivision or land development plan. Additionally, each subdivision or land development plan shall satisfy all other applicable zoning standards, unless variance thereto has been granted.
A.
Lot areas beyond minimum size.
(1)
Lots having an average cross-slope of 10% or less shall conform to the requirements for lot widths and areas as established by Chapter 350, Zoning. Additional lot areas beyond minimum size may be required:
(a)
On slopes in excess of 10%. Lots having an average
cross-slope of greater than 10% (hillside lots) shall conform to the
requirements for lot widths and areas as established by Chart I, Lot
Requirements Based on Slope,[1] which is hereby incorporated in this chapter by reference.
[1]
Editor's Note: The chart is on file and available
for inspection in the office of the Borough Secretary.
(b)
To control erosion or stormwater runoff.
(c)
To provide sufficient area for sewage disposal.
[1]
In subdivisions to be provided with a public
water system but not with a sanitary sewer system, the lot width at
the building setback line shall be a minimum of 75 feet, and the lot
area shall be a minimum of 11,250 square feet.
[2]
In subdivisions to be provided with neither
a sanitary sewer system nor a public water supply system, the lot
width at the building setback line shall be a minimum of 100 feet,
and the lot area shall be a minimum of 20,000 square feet, subject
to the approval of PennDEP and based upon the results of percolation
tests.
[3]
Any other provision of this chapter notwithstanding,
any nonresidential or multiple-dwelling subdivisions which are proposed
to be served by either or both on-lot sanitary sewage disposal and
water supply facilities shall be subject to the individual review
of the municipality, which shall determine what the lot widths and
areas of such subdivisions shall be in order to prevent any health
hazards.
(2)
The depth-to-width ratio of the usable area of a lot
shall ordinarily be at a maximum of 3.0 to 1.0.
(3)
Lot widths in cluster subdivisions shall be reviewed
on a project basis by the municipality.
B.
Lot shape.
(1)
Lots in newly platted subdivisions shall be suitably
shaped to encourage and facilitate use and maintenance of all portions
of the lot. Accordingly, lots shall be square or generally rectangular
in shape. Lot configurations which result in flag lots and L-shaped,
T-shaped, triangular or otherwise inappropriately shaped lots shall
be avoided.
(2)
In older sections of the Borough, where flag lots
may be created to subdivide larger lots, such flag lots will provide
a minimum of 25 feet of road frontage and a twenty-five-foot access
to the main body of the lot so as to allow for screening and a lot
wide enough to provide at least the minimum lot width required at
the building line for the applicable zone.
[Amended 5-19-2020 by Ord. No. 3-2020]
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by the Stormwater Management Ordinance of the Borough of Old Forge, Chapter 295, Stormwater Management, as codified in the Code of the Borough of Old Forge.
Sewage disposal facilities shall be designed
and constructed to meet the needs of the proposed subdivision or land
development. Sewage disposal facilities shall also meet all requirements
of PennDEP, the applicable sewer authority or sewer authorities, if
any, and the Borough. The following requirements specify the design
and installation standards for subsurface sewage disposal and public
and private sewerage systems.
A.
Subsurface sewage disposal. All subdivisions and land
developments proposing subsurface sewage disposal shall be designed
and submitted in compliance with the prevailing requirements of the
Pennsylvania Sewage Facilities Act.[1] It is the intent of this section to coordinate a simultaneous
review of subdivision and land development plans with sewage planning
modules at the municipal level, thereby avoiding the approval of lots
that are not suitable for sewage disposal. In accordance with those
standards, application for subdivision or land development approval
shall satisfy the following procedural requirements:
(1)
Minor subdivision. The subdivider shall submit the
sewage planning module and required associated information to the
Sewage Enforcement Officer at the time of final plat application.
The subdivision or land development plan shall not be processed until
documentation is provided to verify that the Sewage Enforcement Officer
has received the sewage planning module. All newly created lots, whether
for immediate or future use, shall be tested and approved for sewage
suitability.
(2)
Major subdivision. The subdivider shall submit a preliminary
plan depicting general lot layout and street design, as required elsewhere
herein. After preliminary approval, the subdivider shall submit the
required sewage planning module and associated information to the
Sewage Enforcement Officer at the time of final plat application.
The subdivision or land development plan shall not be processed until
documentation is provided to verify that the Sewage Enforcement Officer
has received the sewage planning module.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
B.
Connection to existing public sewers. When a subdivision
or land development has public sewers available on site or within
1,000 feet of the site, sewer lines shall be included on the subdivision
or land development plan, and installation must be approved by the
municipal and/or other authority responsible for the sewer system.
C.
Planned sewer area. When a proposed subdivision or
land development is located in an area not presently served by public
sewers but which has received design data preparatory to sewer system
installation within 10 years, then the municipality shall determine
the necessity of installing house connections and/or capped mains,
even though on-site facilities will be required in the interim. Installation
of house connections and capped mains shall be in accordance with
municipal design data and approved by the Borough Engineer prior to
approval of a preliminary or final plan.
D.
Private sewerage system. When a subdivision or land
development is to be provided with a private sewerage system, a statement
shall be submitted to the municipality from PennDEP prior to final
plan approval verifying that a permit has been issued approving the
proposed facilities. Additionally, the Borough must be satisfied that
adequate provisions have been made to guarantee the construction and
maintenance of the proposed private sewerage system.
E.
Plan notice on sewer permits and connection to public
sewers.
(1)
Subsurface sewage disposal. All subdivision and land
development plans shall contain a plan note specifying that approval
of the plan does not guarantee permit issuance for sewage disposal.
(2)
Public sewers. All subdivision and land development
plans shall contain a plan note specifying that connection to public
sewer lines is required.
A.
Design standards. A water supply system shall be designed and constructed by the subdivider or developer as required by the Borough, water company or water authority in relation to the specific site of the proposed subdivision or land development. The water supply system shall be capable of meeting the domestic and fire protection needs of the site. (See § 305-21.)
B.
Certification of public water supply. When possible,
the subdivision or land development should be served by a public water
supply system approved by appropriate water officials or a community
water system approved by PennDEP. If the subdivision or land development
is to be supplied by a public or community water system, the subdivider
or developer shall submit with the preliminary plan a written certification,
commitment or evidence that the municipal water company or authority
or the association of lot owners or private company, as applicable,
has adequate water capacity and has agreed to provide water service.
C.
On-site well requirements. In those cases where a
public or community water system is not available or practical, a
well shall be provided for each lot. Wells shall be placed uphill
from sewage disposal systems. Wells shall not be within 100 feet of
any part of the absorption field of any on-site sewage disposal system,
and they shall not be placed within 50 feet of lakes, streams, ponds,
quarries, etc.
D.
Plan notes on water supply. Subdivision and land development
plans shall contain a plan note specifying the source of water supply.
Plans proposing the use of public or community water shall contain
a note specifying that connection to the public or community waterline,
as applicable, is required. Plans proposing the use of individual
wells shall contain a note specifying that the lot(s) has not been
tested for the availability of water of adequate quality or quantity,
and no guaranty of water availability is provided.
A.
Proposed streets shall conform in all respects to
the municipality's Official Map and to other local and county comprehensive
plans, as such may be developed and apply. Street and alleys shall
conform to a plot plan approved by the municipality and shall generally
provide for the continuation or appropriate projection of existing
principal streets in surrounding areas. The grade, location and character
of all streets shall also be approved by the Municipal Engineer.
B.
In addition to relating to topography, natural features,
public safety and convenience, adequate traffic circulation within
and near the development and solar orientation, streets shall be designed
according to the function served, the use of abutting land and standards
of width, intersections, maximum grades and curvatures. The municipality
shall require that all developments have adequate access. Where major
subdivision is proposed or may occur because of the patterns started
by minor subdivision activity, the municipality should require reservation
for or installation of two or more streets to ensure safe and convenient
access.
C.
Elimination or vacation of previously approved streets
shall be approved only when the municipality determines that:
D.
Where a land development abuts or contains a railroad
or an existing or proposed major traffic street, the municipality
may require marginal access streets, properly buffered by a planting
strip from said railroad or highway, or parallel streets or a series
of culs-de-sac or short loops, reverse-frontage lots or such other
treatment as will provide protection to abutting properties and will
result in the reduction of the number of intersections and the separation
of local and through traffic.
E.
The developer shall design and construct streets,
whether public or private, including pavements, shoulders, gutters,
curbs, etc., as required by municipal ordinance. Where specific municipal
regulations do not exist, the following requirements shall apply:
(1)
Classification and general design goals.
(a)
Major streets. Major streets function primarily
for the movement of fast traffic between points of heavy traffic generation
(average daily traffic of 3,000 plus). They are often known as "arterial
streets" or "highways." They shall be planned for continuation of
existing streets in the system at the same or greater width in accordance
with adopted municipal standards. Major streets shall contain as few
intersections as possible.
(b)
Collector streets. Collector streets function
to collect traffic from local streets and distribute it into major
streets, and, as such, they will normally contain a relatively large
number of intersections with local streets and few with main streets.
A collector street system may be required wherever a residential neighborhood
near a major street is over 50 acres in area or where the local street
pattern is so designed as to converge and serve over 100 one-family
dwellings or 100 multifamily units with a projected average daily
traffic of 500 to 3,000 vehicles. Collector streets shall be planned
for continuity and to lead more or less directly to one or more focal
points or centers of traffic generation and may become bus routes.
(c)
Local streets.
[1]
Local streets provide direct access to each
lot and function to allow traffic to circulate toward the principal
directions of travel, bus routes, schools and playgrounds; however,
the design shall discourage through and high-speed traffic (average
daily traffic of less than 500 vehicles). The street pattern shall
be indirect to prevent through traffic and yet continuous, formed
of straight, moderately winding, curved, looped or angular streets.
There shall be an underlying systematic neighborhood pattern; however,
gridiron and other rigid geometrical patterns should be avoided where
possible.
[2]
The street pattern shall include extensions
to the boundaries of the development to provide circulation between
adjoining neighborhoods.
[3]
Half, partial and dead-end streets shall be
prohibited except where:
[4]
Whenever a half or partial street adjoins property
proposed to be subdivided, the completion of such street shall be
required as part of the plot.
(d)
Alleys. Alleys shall not be permitted in residential
districts and shall be included in nonresidential areas only where
needed for loading and unloading or access purposes.
(e)
Cul-de-sac streets. Cul-de-sac streets provide
direct access to properties from other streets. Ordinarily, a cul-de-sac
is a short street with only one outlet and having an appropriate terminal
for safe and convenient reversal of traffic movement. Drainage should
be towards the open end. If drainage is toward the closed end, it
shall be conducted away in an underground storm sewer.
(f)
Hillside streets. The right-of-way standards for hillside areas set forth herein [Subsection E(2)] are merely to guide the municipality and are not intended to be fixed minimums. The basis for the requirements shall be the actual topography of the land, the location of the hillside areas and streets with respect to the adjoining loads and streets and the density of development, particularly in terms of the proposed number of dwellings to be served by the street.
(g)
Blocks.
[1]
Length, width and shape of blocks shall be determined
with due regard to the following:
[2]
Block lengths shall generally not exceed 1,200
feet. Wherever practicable, residential blocks shall be of sufficient
depth to accommodate two tiers of building lots. Interior pedestrian
walks may be required where necessary to improve circulation and to
provide access to community facilities. Such walkways shall have a
right-of-way width of not less than 10 feet and a paved width of not
less than six feet.
(2)
Minimum street standards. See chart entitled "Minimum
Street Standards" at the end of this chapter.
(3)
Supplementary street standards. In addition to the specific standards cited in Subsection E(2), the following street standards shall apply to the design and construction of streets:
(a)
Intersections.
[1]
Streets shall be designed to intersect as nearly as possible at right angles (90°). No street shall intersect another at less than 75°. An oblique street should be curbed approaching an intersection and should be at right angles for at least 100 feet therefrom. If the smaller angle of intersection of two streets is required to be less than 75° by reason of the topography, the radius of arc, as determined by Subsection E(3)(a)[4] below, shall be increased by 25%.
[2]
No more than two streets shall intersect at
any one point. Where this proves to be impractical in the opinion
of the municipality, such intersections shall be designed with extreme
care for both pedestrian and vehicular safety.
[3]
Proposed new intersections along one side of
an existing street shall coincide with any existing intersections
on the opposite side of the street. Where intersections cannot practically
be connected, a minimum of 150 feet shall separate the center lines
of offset local streets, and 400 feet minimum shall be provided for
collector and major streets. (See Chart II in the Appendix of this
chapter.[1])
[1]
Editor's Note: The chart is on file and available
for inspection in the office of the Borough Secretary.
[4]
Street curb intersections shall be rounded with
a minimum radius of 20 feet for local streets and 30 feet for collector
or major streets. The radius point shall be concentric with that for
the property line.
[5]
Intersections shall be designed with a flat
grade. In hilly or rolling topography, a leveling area shall be provided
at the approach to an intersection. The leveling area shall have a
maximum grade of 2% for 60 feet preceding the intersection, measured
from the nearest right-of-way line of the intersecting street.
[6]
Clear sight triangles of 75 feet measured along
the center line from the point of intersection shall be provided and
maintained at all intersections.
(b)
Street names. Street names shall not duplicate
others nearby and shall be subject to the approval of the Borough.
Street signs shall be erected to identify all streets.
(c)
Street expansion. Where a subdivision adjoins
unsubdivided land, sufficient streets shall be planned to extend to
the boundary lines so that all parcels may be subdivided and a coordinated
street system obtained.
(d)
Streets for multifamily development. These shall
be planned to connect with major or collector streets to avoid generating
large volumes of traffic on local residential streets.
(e)
Reserve strips. The creation of reserve strips
shall not be permitted adjacent to a proposed street in such a manner
as to deny access from adjacent property to such street.
(f)
Right-of-way widths. Land for the right-of-way
for the opening or extension of any street within a subdivision shall
be dedicated by the developer. Where a property abuts a street which
does not conform to the right-of-way width required by this chapter
or other ordinances of the Borough, the additional width necessary
to meet current standards shall be dedicated when such land is subdivided.
(g)
Auxiliary street improvements. In addition to
the required pavement and shoulder widths, streets shall be designed
and constructed with curbs, streetlights, gutters, culverts, catch
basins, sidewalks and other improvements required by municipal ordinance
or deemed necessary for a proposed subdivision.
(h)
Median strips. Median strips shall be placed
in streets only where, in the opinion of the municipality, they are
necessary for safety or traffic control. The width of the same shall
be in addition to the required cartway widths as hereinabove set forth.
(4)
Unimproved streets or rights-of-way. Subdivision on
unimproved (unpaved) streets or access rights-of-way is forbidden;
however, one lot may access via an unimproved private right-of-way,
provided that the right-of-way is a minimum of 50 feet in width and
so located and designed that a street could be installed in the event
of future subdivision activity.
(5)
Private streets. Private streets are to be discouraged.
They will be approved only if they are designed and constructed to
meet public street standards and maintenance is guaranteed in perpetuity
via a bona fide homeowners' association (or similar organization)
agreement and appropriate financial security for repair and maintenance
is provided to said homeowners' association and to the municipality,
up front, by the developer.
(6)
Street construction standards. Streets, sidewalks
and rights-of-way shall be improved to meet the Borough design standards
and specifications as set forth in Chart III herein.[2] It shall be the developer's responsibility to satisfy all applicable municipal construction requirements and design standards or, in lieu thereof, deposit a security in compliance with § 305-33 of this chapter and established municipal policies. All public and private streets shall meet the following standards:
(a)
Adequate surface and subsurface drainage shall
be provided.
(b)
All topsoil shall be removed from the area to
be paved.
(c)
There shall be installed a base to consist of
four inches of compacted shale or stone on the shoulder of the road
which shall extend four feet minimum on both sides of the cartway.
(d)
The base course shall be constructed in accordance
with the Commonwealth of Pennsylvania, Department of Transportation
Manual Form 408. The base binder course shall also conform to the
Form 408 specifications.
(e)
The surface course shall be constructed in accordance
with the Commonwealth of Pennsylvania, Department of Transportation
Manual Form 408.
[2]
Editor's Note: Chart III is included at the end of this chapter.
(7)
State and county approval of streets and access.
(a)
To ensure that street designs comply with all
applicable standards, the municipality may submit any preliminary
and final subdivision or land development plans to the Pennsylvania
Department of Transportation for review and comment.
(b)
Subdivision and land development plans which
will require access to a state highway under the jurisdiction of the
Pennsylvania Department of Transportation (PennDOT) shall contain
a plan note specifying that a highway occupancy permit is required
from PennDOT before driveway access to the state highway is permitted.
The plan note shall also specify that plan approval does not guarantee
that a PennDOT permit will be issued.
(c)
Subdivision and land development plans which
will require access to a county highway under the jurisdiction of
Lackawanna County shall contain a plan note specifying that a highway
occupancy permit is required from Lackawanna County before driveway
access to the county highway is permitted. The plan note shall also
specify that plan approval does not guarantee that a county permit
will be issued.
Sufficient monuments shall be set to ensure
that reliable survey points are available for all parts of the subdivision.
At least one monument shall be placed for every two lots or every
200 feet of streets, whichever requirement is less.
A.
Types of monuments. Monuments shall be of the following
types:
(1)
Made of concrete, having a five-by-five-inch cross
section and 36 inches in length. A scored one-half-inch round brass
pin shall be located in the top center.
(2)
Made of cut stone, having a five-by-five-inch cross
section and being 36 inches in length with a drill hole in the top
center.
(3)
A two-inch round galvanized pipe 36 inches long with
a brass cap having a punch hole in its center.
(4)
A cast-iron box, inside of which shall be placed a
three-fourths-inch steel pin three feet in length, with the top of
the pin set to serve as the survey point.
B.
Placement of monuments. Monuments shall be set at
the intersection of all lines forming angles in the boundary of the
subdivision. They shall be placed so that the scored or marked point
will coincide exactly with the intersection of the lines to be marked
and shall be set so that the top of the monument is level with the
surface of the surrounding ground.
C.
Markers. Markers shall consist of steel bars being
at least 15 inches long and not less than 3/4 of an inch in diameter.
Markers shall be set at the beginning and ending of all curves along
street property lines, at all points where lot lines intersect curves,
at all angles in property lines of lots and at all corner lots.
A.
Utility standards. All subdivisions shall be designed
and serviced with adequate utilities, including electricity, natural
gas, telephone and cable television service. The developer shall be
responsible to cooperate with the utility companies to ensure installation
of the necessary utilities. All utilities shall be underground and
constructed at current specifications, except where developments of
five lots or fewer are exempted by the Pennsylvania Public Utility
Commission. Where required, the developer shall obtain a letter from
the utility company confirming that service may be extended to the
development. Where such lines are not placed underground, said lines
shall be placed along rear lot lines to the fullest extent possible.
B.
Location of utilities.
(1)
Insofar as practicable, all utilities, with the exception
of on-site laterals, shall be located in public rights-of-way. Where
this is not possible, utility easements shall be so located as to
be centered on or adjacent to rear or side lot lines to the fullest
extent possible. Such easements shall have minimum widths of 20 feet.
In general, the required pipe or other improvement shall be located
in the center of the easement. Prior to determining the location of
easements, the municipality shall require the subdivider to coordinate
his or her plans with those of the local public utilities in order
to assure the proper location of easements for the installation of
the required services.
(2)
When required by the Borough, the developer shall
provide a streetlighting duct system in accordance with the specifications
of the appropriate public utility.
C.
Fire hydrants. On streets served by public waterlines,
fire hydrants shall be installed by the developer. Fire hydrants shall
be located at the discretion of the Fire Chief.
D.
Natural gaslines. All natural gaslines must be installed
in compliance with applicable national, state and local codes. The
minimum distance from a natural gasline to a dwelling unit or other
structure must be as required by the applicable transmission or distributing
company.
E.
Petroleum lines. Between a proposed dwelling or other
structure and the center line of a petroleum or petroleum products
transmission line which may traverse the subdivision or land development,
there must be a minimum distance of 100 feet measured in the shortest
distance.
A.
The land improvements required to be completed by
the developer of a subdivision or land development as set forth in
this article shall be designed and installed in accordance with this
chapter and other codes of the Borough. The improvements shall be
of such sizes and capacities as are required for the development of
the proposed subdivision and of extra sizes as may be necessary to
serve nearby land which is an integral part of the neighborhood service
or drainage areas.
B.
The developer shall be required to extend improvements
to serve adjoining unsubdivided land. If streets or utilities are
not available at the boundary of a proposed subdivision, the municipality
may require the developer to construct off-site extensions of the
improvements. Procedures for providing any necessary extra-size and
off-site improvements and general standards for prorating costs shall
be coordinated with the Borough and shall be in accordance with the
following:
(1)
Extra-size improvements.
(a)
The developer shall be required to pay for a
part of the materials or construction of streets, sewers or waterlines
which are determined by the municipality according to the standards
set forth in this article to be in excess of the size required for
the development of the subdivision and the integral neighborhood service
or drainage area.
(b)
If a storm sewer in excess of 18 inches, a sanitary
sewer in excess of eight inches or a water main in excess of six inches
is required but each is less in size than the sewer trunk lines or
water mains which are to be constructed and financed on a regional
basis, the Borough shall construct the extra-size utility and require
a deposit in advance from the developer for the cost of the utility
he or she is required to install and his or her portion of other costs
which the Borough may assess against the benefited property owners
of the service or drainage area.
(2)
Extensions to boundaries. The developer shall be required
to extend the improvements to the boundary of the proposed subdivision
to serve adjoining unsubdivided land; however, where the municipality
determines that a connecting street is necessary for the future subdividing
of adjoining land but the present construction of pavement and/or
utilities therein is not warranted, the municipality may require the
dedication of land, the pavement of intersections constructed, utilities
extended at least three feet beyond the pavement and connections provided
and made available for future extensions by other developers.
(3)
Off-site extensions. If streets or utilities are not
available at the boundary of a proposed subdivision, the municipality
may require, as a precedence to approval of a preliminary or final
plan, assurances that such improvement extensions shall be provided
as follows:
(a)
If the municipality finds that the extensions
across undeveloped areas would not be warranted as a special assessment
to the intervening properties or a municipal expense until some future
time, the developer may be required, if he/she wishes to proceed with
the development, to obtain necessary easements or rights-of-way and
construct and pay for extensions. Such improvements shall be available
for connections by developers of adjoining land; or
(b)
The Borough may construct and pay for the extensions and assess the costs to the owners benefitted and require a deposit from the developer as described in Subsection B(1) herein. The Borough may establish a revolving fund to pay for such development costs and not collect the assessments on the intervening land until it is developed.
(4)
Prorating costs. In making determinations for prorating
costs for the construction of off-site extensions or extra-size improvements,
the Borough shall consider, in addition to the standards set forth
in this article and other regulations of the Borough, the following
conditions:
(a)
The relative location and size of the proposed
subdivision.
(b)
The traffic estimated to be generated by the
development in relation to present streets.
(c)
The natural drainage area for sewers and the
service area for water.
(d)
The development benefits that will accrue to
the subdivision.
(e)
The sequence of land and utility developments
in the vicinity.
(f)
Any other condition it may find pertinent.
The developer shall be responsible, in all cases,
for the installation of all required improvements, which improvements
shall be approved as they are constructed and completed by the Borough
Engineer. The developer shall also submit a certificate that no lot
will be sold or transferred unless and until the required improvements
and installations have been made or installed or proper security as
defined below has been provided for such required improvements and/or
installations. When security is provided as performance guaranty in
lieu of actual improvements, it shall be the Borough Council, on behalf
of the municipality, that shall negotiate, approve, accept, hold and
release said security.
A.
Performance guaranty in lieu of installation.
(1)
No plat shall be finally approved unless the streets
shown on such plan have been improved to a mud-free or otherwise permanently
passable condition or improved as may be required by this chapter,
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers, stormwater management
facilities and other improvements as may be required by this chapter
have been installed in accordance with this chapter.
(2)
In lieu of the completion of any improvement required
as a condition for the final approval of a plat, the subdivider or
developer shall deposit with the municipality a fiscal security in
an amount sufficient to cover the costs of any improvements or common
amenities, including but not limited to roads, stormwater detention
and/or retention basins and other related drainage facilities, open
space improvements or buffer or screen plantings which may be required.
B.
Type of performance guaranty.
(1)
Without limitation as to other types of financial
security which the Borough Council may approve, which approval shall
not be unreasonably withheld, federal- or commonwealth-chartered lending
institution irrevocable letters of credit and restrictive or escrow
accounts in such lending institutions shall be deemed acceptable financial
security for the purposes of this section. Such financial security
shall be posted with a bonding company or federal- or commonwealth-chartered
lending institution chosen by the party posting the financial security,
provided that said bonding company or lending institution is authorized
to conduct such business within the commonwealth.
(2)
Such bond or other security shall provide for and
secure to the public the completion of any improvements which may
be required on or before the date fixed in the formal action of approval
or accompanying agreement for completion of the improvements.
C.
Amount of performance guaranty.
(1)
The amount of financial security to be posted for
the completion of the required improvements shall be equal to 110%
of the cost of completion estimated as of 90 days following the date
scheduled for completion by the developer. Annually, the Borough Council
may adjust the amount of the financial security by comparing the actual
cost of the improvements which have been completed and the estimated
cost for the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion.
(2)
Subsequent to said adjustment, the Borough Council
may require the developer to post additional security in order to
assure that the financial security equals said 110%. Any additional
security shall be posted by the developer in accordance with this
subsection.
(3)
The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements
submitted by an applicant or developer and prepared by a professional
engineer licensed as such in this commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The Borough
Engineer shall review and approve the cost estimate or, for good cause,
refuse to accept the estimate, in which case he/she shall calculate
an accurate cost estimate of the required site improvements.
(4)
If the party posting the financial security requires
more than one year from the date of posting of the financial security
to complete the required improvements, the amount of financial security
may be increased by an additional 10% of each year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above estimate review procedure.
(5)
A developer who fails to complete the improvements
within the allotted time specified in the financial guaranty shall,
at least 30 days in advance of the guaranty expiration date, renew
or resubmit a financial guaranty. Failure to keep a financial guaranty
in effect until the completion and approval of all improvements shall
be a violation of this chapter.
D.
Progressive installation. In the case where development
is projected over a period of years, the municipality may authorize
submission of final plats by sections or stages of development subject
to such requirements or guaranties as to improvements in future sections
or stages of development as it finds essential for the protection
of any finally approved section of the development.
E.
Release from guaranty.
(1)
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
release, from time to time, of such portions of the financial security
necessary for payment to the contractor or contractors performing
the work. Any such requests shall be made in writing to the Borough
Council, and, within 45 days of receipt of such request, the Borough
Engineer shall certify, in writing, whether or not such portion of
the work upon the improvements has been completed in accordance with
the approved plat.
(2)
When the improvements are certified to be in accordance
with the approved plat, the Borough Council shall authorize release
by the bonding company or lending institution of an amount as estimated
by the Municipal Engineer fairly representing the value of the improvements
completed.
(3)
The Borough Council shall notify the developer, in
writing, by certified or registered mail, of the action of said Borough
Council with relation thereto.
(4)
If the Borough Council fails to act within said forty-five-day
period, the release of funds shall be deemed to have been approved
as requested. The Borough Council may, prior to final release at the
time of completion and certification by its Engineer, require retention
of 10% of the estimated cost of the aforesaid improvement.
(5)
If any portion of said improvements shall not be approved
or shall be rejected by the Borough Council, the developer shall proceed
to complete the same, and, upon completion, the same procedure of
notification as outlined herein shall be followed.
(6)
The applicant shall assume the necessary expense incurred for the inspection of improvements. Such inspection costs shall be based upon the schedule established at § 305-50 and amended from time to time as deemed necessary.
(7)
Nothing herein, however, shall be construed in limitation
of the developer's right to contest or question, by legal proceedings
or otherwise, any determination of the Borough Council or the Borough
Engineer.
(8)
Where herein reference is made to the Municipal Engineer,
he/she shall be a duly registered professional engineer employed by
the municipality or engaged as a consultant thereto.
(9)
If water mains or sanitary sewer lines, or both, along
with apparatus or facilities related thereto, are to be installed
under the jurisdiction and pursuant to the rules and regulations of
a public utility or municipal authority separate and distinct from
the municipality, financial security to assure proper completion and
maintenance thereof shall be posted in accordance with the regulations
of the controlling public utility or municipal authority and shall
not be included within the financial security as otherwise required
by this section.
(10)
If financial security has been provided in lieu
of the completion of improvements required as a condition for the
final approval of a plan as set forth in this section, the municipality
shall not condition the issuance of building, grading or other permits
relating to the erection or placement of improvements, including buildings,
upon the lots or land as depicted upon the final plan upon actual
completion of the improvements depicted upon the approved final plan.
Moreover, if said financial security has been provided, occupancy
permits for any building or buildings to be erected shall not be withheld
following Borough inspection and approval of the improvement of the
streets providing access to and from existing public roads to such
building or buildings to a mud-free or otherwise permanently passable
condition, as well as the completion of all other improvements as
depicted upon the approved plat, either upon the lot or lots or beyond
the lot or lots in question, if such improvements are necessary for
the reasonable use of or occupancy of the building or buildings.
F.
Maintenance of streets prior to dedication. In submitting
the final plan to the municipality, the developer shall agree to maintain
and repair all streets and other public lands to be dedicated until
the same are officially accepted and dedicated by the municipality.
G.
Maintenance guaranty. Where the Borough Council accepts
dedication of all or some of the required improvements following completion,
the Borough Council may require the posting of financial security
to secure structural integrity of said improvements as well as the
functioning of said improvements in accordance with the design and
specifications depicted on the final plat for a term not to exceed
18 months from the date of acceptance of dedication. Said financial
security shall be of the same type as otherwise required in this section
with regard to installation of such improvements. The amount of financial
security shall not exceed 15% of the actual cost of installation of
said improvements.
H.
Remedies to effect completion of improvements.
(1)
In the event that any required improvements have not
been installed as provided in this chapter or in accordance with the
approved final plat, the Borough Council is hereby granted the power
to enforce any corporate bond or other security by appropriate legal
and equitable remedies.
(2)
If proceeds of such bond or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Borough Council
may, at its option, install part of such improvements in all or part
of the subdivision or land development and may institute appropriate
legal or equitable action to recover the moneys necessary to complete
the remainder of the improvements.
(3)
All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other municipal purpose. Failure to properly install the required improvements shall also constitute a violation of this chapter, punishable as provided by § 305-51 of this chapter.
The developer agrees to indemnify and save harmless
the Borough against and from any and all loss, cost, damage, liability
and expense on account of damage to property of or injury to or death
of the parties thereto or a third person caused by, growing out of
or in any way whatsoever attributable to the construction of said
improvements and the use of the street delineated on the subdivision
plat during construction. The developer further agrees, but without
limiting its liability to indemnify the Borough, to carry liability
insurance contracts with a reliable insurance company covering the
period of said construction in the minimum sum of $1,000,000 for injury
to or death of person(s) and in the minimum sum of $300,000 for damage
to or destruction of property, which insurance contracts shall include
the Borough as a named insured.
[Amended 3-21-2011 by Ord. No. 2011-1]
Prior to the issuance of any zoning or building permits related to any approved subdivision or land development within the Borough of Old Forge, the issuing agent shall require proof of compliance with § 305-16E(6) herein from the applicant. Upon proof of compliance with § 305-16E(6), a building or zoning permit may be issued and building construction started after the approval of the final plat. Occupancy shall not be permitted prior to the completion of streets, stormwater management facilities, connection into a sewer system and other improvements necessary for the reasonable use of the building, unless written authorization is granted by the municipality where improvements have been guaranteed by valid bond or other security.