The following standards shall be complied with
in all subdivisions and land developments. If a developer, however,
can clearly show to the satisfaction of Borough Council that, because
of peculiar conditions pertaining to his land, the literal enforcement
of these standards would cause undue hardship, such variations from
their literal interpretation may be permitted as may be reasonable
and consistent with the purpose and intent of this chapter.
At all changes of public street grades where
the algebraic difference exceeds 1%, vertical curves shall be provided
to permit the following minimum sight distances:
B. Collector streets: 300 feet;
Curbs shall be required on all streets; sidewalks
may be required to be installed at the discretion of Borough Council.
A. Curbs shall be the vertical type. Rolled curb-and-gutter
type may be installed only upon the approval of Borough Council except
that rolled curbs shall not be used on streets whose grade exceeds
6%, or on any collector or major streets. The transition from one
type to another shall be made only at a street intersection, and adequate
provision shall be made for driveway entrances.
B. Where required, sidewalks shall be a minimum of four
feet in width. Where required, snow strips shall be three feet in
width and shall be grassed.
The lengths, width and shape of blocks shall
be determined with due regard to provision of adequate sites for buildings
of the type proposed; zoning requirements; topography; and requirements
for safe and convenient vehicular and pedestrian circulation, including
the reduction of intersections with major public streets.
Residential blocks shall be of sufficient depth
to accommodate two tiers of lots, except where reverse frontage lots
are required along a major public street, or where prevented by the
size, topographical conditions or other inherent conditions of property,
in which case the Borough Planning Commission may approve a single
tier of lots.
Blocks in commercial and industrial areas may vary from the elements of design detailed in §
162-36 if required by the nature of the use. In all cases, however, adequate provision shall be made for off-street parking and loading areas as well as for traffic circulation and parking for employees and customers.
Driveways constructed within street rights-of-way
serving one house shall be subject to the following requirements:
A. 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;
B. In order to provide a safe and convenient means of
access, grades on private driveways should not exceed 10%;
C. In order to provide safe and convenient ingress and
egress, private driveway entrances should be rounded at a minimum
radius of five feet, or should have a flare constructed that is equivalent
to this radius, at the point of intersection with the cartway edge
(curbline);
D. All driveways to be paved. (See Appendix "Residential
Driveway Detail")
Lot dimensions and areas shall not be less than specified by the provisions of Chapter
185, Zoning, of the Code of the Borough of Chester Heights for the area in which the development is located.
[Amended 7-2-2001 by Ord. No. 162]
A. The purpose of this section of the chapter shall be
to control accelerated erosion and the resulting sediment pollution
to the waters of the commonwealth that occur on earthmoving sites
within the Borough of Chester Heights.
B. It shall be unlawful for any person, landowner, developer,
business, or corporation to undertake any earthmoving activities without
developing and implementing measures to control erosion and sedimentation.
For disturbances of 3,500 square feet or more, a land disturbance
permit issued by the Borough Engineer is required. The erosion and
sedimentation control plan must accompany all land-disturbing activities
relating to construction, farming operations, nursery and sod operations
and logging operations. The following should be noted:
(1) Ongoing agricultural activities, including farming
operations and nursery and sod operations performed in accordance
with an approved soil conservation plan prepared by a Delaware County
agent of the USDA Soil Conservation Service (NRCS) and/or staff of
the Delaware County Soil and Water Conservation District which takes
into consideration the Borough's ordinance requirements and which
plan has been provided to the Borough Engineer for any additional
comment, are exempt from permitting.
(2) All logging operations which involve activity of less
than 25 acres of earth disturbance shall obtain a land disturbance
permit by presenting to the Borough Engineer a plan of the proposed
timber harvesting activities. The plan will be reviewed for compliance
with the Borough's erosion and sedimentation control requirements
and, upon recommendation from the Engineer, a permit will be issued.
(3) All other nonexempt land disturbance activities that
are not ancillary to a subdivision or land development or to building
construction are required to comply with the performance standards
for erosion and sedimentation as set forth herein. If the proposed
activities consist of nonexempt farming activities, the Delaware County
agent of the USDA Soil Conservation Service (NRCS) and/or staff of
the Delaware County Soil and Water Conservation District should be
consulted for possible assistance with plan preparation. Any such
plan shall be reviewed and approved by the Borough Engineer.
C. The applicant shall use techniques and specifications
for erosion and sedimentation control plan preparation and implementation
which are approved by the Delaware County Conservation District and
prescribed by the Pennsylvania Department of Environmental Protection
set forth in Title 25, Chapter 102, or superseding regulations. The
plan shall include a site specific, detailed, construction sequence
relating to erosion and sedimentation control. Alternative techniques
may be proposed, but the applicant must demonstrate his efficacy to
the satisfaction of the Delaware County Conservation District and
the Borough Engineer.
D. Prior to the granting of a land disturbance permit
by the Chester Heights Borough Engineer, an erosion and sedimentation
control plan must be submitted and approved. All erosion and sedimentation
control plans for major subdivisions and land development will require
the approval of the Borough Engineer and the Delaware County Conservation
District. The Borough Engineer may require additional control measures,
techniques, and specifications beyond the Delaware County Conservation
District's approval.
E. For all major subdivisions and land development and/or
any earthmoving activity requiring additional permits from state or
federal agencies, a preconstruction meeting shall be held prior to
granting of a land disturbance permit. The applicant must provide
the Borough Engineer with a copy of all permits from the state or
federal agencies and copies of the application materials which were
submitted to obtain the permits. Those in attendance at the preconstruction
meeting shall include the applicant or his representative, Borough
Engineer or designee, and Borough Building Inspector. A member of
the County Conservation District will be encouraged to attend. Any
work requiring a permit shall be indicated on the final, approved
plans, and the area to which the permit pertains shall be delineated
on the plans. A copy of all permits shall be available on the site.
The outcome of a preconstruction meeting wherein all requirements
of the chapter have been met shall be the issuance of the land disturbance
permit signed by the Borough Engineer.
F. For all earthmoving activities which do not constitute
a major subdivision, the Borough Building Inspector may request the
presence of the Borough Engineer, or designee, or a representative
of the Delaware County Conservation District at the preconstruction
meeting. The outcome of a preconstruction meeting wherein all requirements
of the chapter have been met shall be the issuance of a land disturbance
permit signed by the Borough Engineer.
G. The maintenance of erosion and sediment pollution
control measures and facilities by the applicant is required. Inspection,
and if necessary, repairs of the erosion and sediment pollution control
measures and facilities by the applicant or agents for the applicant
are required with four days following any storm event. The latest
revision of the approved plan shall be available on the site.
H. Both during and after construction, clearing of the
vegetation, earthmoving, or other disturbance activities, the total
amount of sediment leaving the site, and/or entering a watercourse
within the site, shall not exceed the amount of sediment which would
have naturally left the site prior to earthmoving activities. On sites
which are experiencing accelerated erosion resulting in sediment pollution
to waters of the commonwealth due to prior land use practices, the
Delaware County Conservation District or Borough Engineer, or designee,
may require site stabilization adequate to prevent sediment pollution
to the waters of the commonwealth prior to the beginning of earthmoving
activities.
I. During construction, the deposition of mud on existing
roads shall be minimized by the implementation of a stabilized construction
entrance with a length of drive up to a maximum of 100 feet for individual
lots with a width equal to the proposed entrance (15 foot minimum)
and with flare to meet with the existing road.
J. All surface-disturbed areas shall be seeded and mulched
within 20 days after earthmoving activities have ceased. Stabilization
of slopes greater than 15% shall require stricter measures and shall
be specified on the erosion and sedimentation control plan.
K. Where drainage swales are used to convey concentrated
runoff, an erosion control blanket, depending on the type of flow,
shall be specified and implemented.
L. Sediment-laden runoff shall be trapped on site until the area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures as noted in the §
162-45, as amended. Sediment basins shall be desilted as needed, and upon the stabilization of the site/watershed, the basin(s) shall be desilted and/or removed and the area shall be stabilized.
M. The area(s) to be disturbed during earthmoving activities
shall be staked out on the site prior to said earthmoving activities
beginning. Area(s) which are not to be disturbed, including septic
or infiltration beds will be staked out on the site with a different
color stake prior to earthmoving activities beginning.
N. In no event shall the natural ground cover at the
site be disturbed between October 15 and February 15 of the succeeding
year, other than that necessary for preparation of sites for building
foundations, stormwater and sediment control devices and on-site sewage
disposal systems. In order for a building site to be disturbed during
the referenced period, it must have access from a street which has
been graded and stabilized with a minimum of pavement base material
in place and protected against contamination by dirt or silt. The
Borough Council will consider any waiver requests after recommendation
by the Borough Engineer.
O. The fees for the review of the erosion and sedimentation
control plan that will be charged by the Delaware County Conservation
District and the Borough Engineer are the responsibility of the applicant.
The fees for the inspection of sedimentation and control measures
by the Borough Engineer or his designee shall be the responsibility
of the applicant. The Borough Council shall, by resolution, establish
a schedule of inspection fees. These fees shall be paid prior to the
granting of a land disturbance permit for a minor subdivision or land
development or deposited in an escrow account prior to the granting
of a land disturbance permit for a major subdivision or land development.
P. Chester Heights Borough, authorized by the Municipalities
Planning Code, and the Delaware County Conservation District, authorized
by Title 25 Chapter 102, are directed to conduct both routine and
emergency site inspections of ongoing earthmoving operations, without
the requirement of prior notification to establish compliance with
the approved erosion and sedimentation control plan.
Q. All violations of the approved erosion and seditmentation
control plan determined during a site inspection shall be listed on
an inspection report which itemizes the following items for each violation:
(1) Specific type of violation, including location and
scope.
(2) A period of time during which the person(s) responsible
for the earthmoving activity may correct the violation(s) without
the assessment of any penalties.
R. The Borough Engineer shall sign the completed inspection
report. The Borough will provide no other written notification of
the violation(s) or deadline for correcting same.
S. Should the person(s) responsible for undertaking the
earthmoving operations fail to meet the deadline for correcting violations
of this chapter, as specified in the official inspection report, Chester
Heights Borough shall issue a notice of violation (NOV) to said person(s).
The notice will list for each violation that has occurred, a penalty
of not less than $600, and not more than the maximum provided under
Sections 515.3 and 617.2 of the Municipalities Planning Code, as amended, for allowable civil proceedings. Additionally, violations
of this chapter may result in the issuance of a cease and desist order
by the Borough or the institution of any appropriate actions or proceedings
to prevent or restrain, building, construction, or conduct of business
and to correct or abate accelerated erosion and the resulting sediment
pollution to the waters of the commonwealth on the site identified
in the notice of violation (NOV).