The following shall apply to all subdivision
and land development proposals:
A.
All portions of a tract shall be designated as to
their use, such as lots, roads, open space, parking areas, etc.
B.
Whenever possible, applicants shall preserve scenic
areas, historic sites, other community assets and landmarks and natural
amenities such as trees and waterways.
C.
Plans shall be designed to avoid excessive cut or
fill.
E.
The applicant shall construct, install and guarantee
at no expense to the Borough all improvements required as part of
plan approval, including but not limited to streets, curbs, sidewalks,
water and sewage facilities, stormwater management facilities, streetlights,
fire hydrants, road signs, monuments, lot pins, utilities and shade
trees.
F.
The Borough Council may request that development features
exceed these standards if conditions so warrant.
[Amended 7-2-1990 by Ord. No. 2-90]
The Borough Council may grant a modification
of the requirements of this chapter through a waiver if strict application
of these requirements would be unreasonable, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed. All requests for modifications
shall:
All new streets and extensions and widenings
of existing streets shall:
A.
Be offered for dedication to the authority having
jurisdiction over the street at the time of plan approval. The Borough
may accept dedication of lands which are not accepted by other jurisdictions.
B.
Conform to the circulation element of the Borough
Comprehensive Plan, as amended, the Borough Ultimate Right-of-Way
Map and county or state highway plans, and be coordinated with existing
streets.
C.
Provide appropriate access between abutting tracts
of land for immediate or future use.
D.
Create a road hierarchy among interior subdivision
and land development streets and exterior streets to ensure proper
through-traffic flow, local access and internal traffic distribution
and flow.
E.
Be related closely to existing topography to assure
reasonable grades, alignment and drainage and appropriate access to
lots and to minimize regrading and the removal of vegetation.
F.
Be designed to continue existing streets at equal
or greater right-of-way and cartway width, as recommended by the Borough
Engineer and Planning Commission.
Every street within the Borough shall be classified
by its function as one of the following and shall comply with the
requirements for its classification as contained herein.
A.
Primary streets are the major traffic routes which
carry the highest volumes of traffic on an intercommunity, regional
or higher level. Route 29 (Main Street) and Route 663 (Pottstown Avenue)
are the primary streets in the Borough.
B.
Collector streets are those which collect, carry and
feed medium volumes of traffic and connect areas within and adjacent
to the Borough. Montgomery Avenue, Eleventh Street, Eighth Street,
Penn Street and Seminary Street are collector streets.
C.
Local access streets are the minor streets which carry
the lowest volumes of traffic and serve primarily to provide vehicular
access and parking for adjacent land uses. All Borough streets that
are not primary or collector are local access streets.
[Amended 7-6-1992 by Ord. No. 2-92]
Sight distance, horizontal and vertical curvature,
superelevation and maximum and minimum street grades shall be determined
by the Borough Engineer in compliance with the standards contained
in A Policy on Geometric Design of Highways and Streets, published
by the American Association of State Highway Transportation Officials,
most recent edition, or Pennsylvania Department of Transportation
standards and guidelines shall be complied with.
A.
The horizontal curvature for all local access streets
shall be not less than a one-hundred-fifty-foot radius, measured along
the street center line.
B.
Long radius, gentle curves are encouraged rather than
shorter radius curves connected by tangents.
C.
Curve-tangent relationships shall follow accepted
engineering guidelines for safety and efficiency. For example, minimum
radius curves shall not be used at the ends of long tangents.
D.
Street grades shall be measured along the center line
in accordance with the following:
(1)
The minimum for all streets shall be 1%.
(2)
The maximum grades for local access streets shall
be 10% for distances less than 1,500 feet.
(3)
Street grades in excess of 5% should be avoided wherever
possible.
(4)
Curve-grade combinations shall follow accepted engineering
guidelines for safety and efficiency. For example, minimum radius
horizontal curves will not be permitted in combination with maximum
grades.
(5)
At all approaches to intersections, street grades
shall not exceed 4% for a minimum distance of 50 feet.
All street intersections shall be governed by
the standards of this section.
A.
Number of streets. Not more than two streets shall
intersect at the same point.
B.
Three-way/four-way intersections. Three-way or T intersections
should be used instead of four-way intersections unless the four-way
intersection can be justified in terms of necessary and desirable
traffic movements.
C.
Angle of intersections.
(1)
All intersection approaches shall be designed at right
angles unless sufficient reason exists to justify a lesser angle.
However, no angle shall be less than 75° for intersections with
primary or secondary streets or 60° for intersections between
local access streets, measured at the center-line intersections.
(2)
Where angled intersections are used, it is preferable
to design them so that the heavier traffic flow will make the obliquely
angled turn rather than the acutely angled turn.
D.
Corrective changes to existing intersections. When
existing streets intersect at odd angles or have more than four approaches,
the applicant shall contribute to corrective changes to bring the
intersection into compliance with this chapter, as required by the
Borough Council, which shall first seek the advice of the Borough
Engineer and Planning Commission and other technical advisors or agencies,
as appropriate. For state and county highways, corrective changes
shall comply with the requirements of the appropriate agency. The
extent of contribution shall depend on the proposal's use of the intersection.
E.
Waiver of corrective changes. The Borough Council
may waive the above requirements for corrective changes under one
or more of the following conditions:
(1)
When changes made on the applicant's land will not
improve the intersection's deficiencies.
(2)
When other road improvements are already planned which
would correct the problem without changes required of the applicant.
(3)
When not required by the Pennsylvania Department of
Transportation on state roads.
F.
Cul-de-sac intersections.
(1)
Intersections with permanent cul-de-sac streets shall
be designed with the cul-de-sac street extending as a side street
from the through street, rather than have a through street extend
through an intersection to terminate as a cul-de-sac.
(2)
Four-way intersections may be created using two permanent
cul-de-sac streets intersecting directly opposite one another along
a through street, when the through street is a local access street
or a collector street.
G.
Approaches to intersections. Approaches to intersections
shall follow a straight course for a minimum of 50 feet for local
access streets. All other streets shall follow a straight course in
accordance with accepted engineering standards, but in no case less
than 50 feet.
Street intersection spacing shall be done in
compliance with the regulations contained in this section, measured
from center line to center line.
A.
The spacings listed in this section shall be considered
minimum spacings. Where greater spacing is required in compliance
with American Association of State Highway and Transportation Officials
or Pennsylvania Department of Transportation standards, the greater
spacing distances shall be applied, as determined by the Borough Engineer.
B.
C.
Offset intersections. In any case where the center
lines of street intersections are or would be within 150 feet of each
other, they shall be made to coincide by relocating the street within
the applicant's land, unless additional problems of sight distance
or other safety-related problems would be created. As an alternative,
relocation further away from the offset intersection may be done in
compliance with the intersection spacing requirements contained herein,
when approved by the Borough Council.
A.
Any street which is served by only one intersection
with a through street shall be considered a single-access street,
regardless of the street's configuration within the proposed subdivision
or land development. Included in this classification of streets are:
B.
Single-access streets shall be subject to the requirements
for their classification of street, notwithstanding their single-access
status.
C.
Permanent cul-de-sac streets:
(1)
Shall be permanently closed at one end.
(2)
Shall be provided with a vehicular turnaround at the
closed end with a right-of-way radius of at least 60 feet and a paving
radius of at least 48 feet.
(3)
Shall not exceed 500 feet in length unless approved
by the Borough Council when warranted by special conditions.
(a)
Measurement of the length shall be made from
the edge of pavement of the through street to the most distant point
on the edge of pavement of the turnaround, measured along the cul-de-sac
street's center line.
D.
Temporary cul-de-sac streets:
(1)
May be temporarily closed at one end, with the intent
to extend the street onto the abutting tract upon its development.
(2)
Shall be built to the tract boundary line at a location and grade that are logical for extension onto the abutting tract but shall not exceed 750 feet in length, unless approved by the Borough Council when warranted by special conditions as in Subsection C(3)(b) herein.
(3)
Shall not be extended as a cul-de-sac street but shall be connected to another through street, unless approved by the Borough Council when warranted by special conditions as in Subsection C(3)(b) herein.
(4)
Shall form a logical step in the circulation pattern
of the superblock or area in which it is located.
(5)
Shall be provided with a vehicular turnaround at the
closed end, abutting the tract boundary, with a paving radius of at
least 48 feet.
(a)
Construction shall meet the same requirements
as for a permanent cul-de-sac turnaround.
(b)
Those portions of the turnaround extending beyond
the street right-of-way shall be located on temporary access easements,
valid only until the road is extended.
(c)
Upon extension of the street, the full rights
and responsibilities for the area of the temporary easements shall
revert to the owners of the lots on which they were located.
(6)
Shall be required to be served by an emergency accessway when required by Borough Council, in compliance with Subsection H herein.
(7)
The developer responsible for extension of the street
shall also be responsible for the following:
(a)
The removal of all curbing and paving of the
temporary turnaround beyond the width of the street's cartway.
(b)
The installation of new sidewalk, curbing and
cartway paving to complete the street connection.
(c)
The extension of utilities as necessary.
(d)
The repair of any improvements damaged in this
process.
(e)
The grading, installation and/or restoration
of lawn areas where affected by this removal and construction process.
(8)
Temporary cul-de-sac streets shall be built to the
standards for the classification of streets they will have when extended.
E.
Multiple cul-de-sac streets:
F.
Single-access loop streets:
(1)
Are single-access streets which do not terminate in
a vehicular turnaround, but instead loop back to intersect with themselves.
(2)
Shall be discouraged but may be permitted when no
alternatives are determined to be feasible and preferable by the Borough
Council upon the advice of the Borough Planning Commission and Engineer.
(3)
When permitted, shall meet the following requirements:
G.
Stub streets:
(1)
Shall be provided in appropriate locations for vehicular
access to abutting undeveloped lands when required by the Borough
Council upon the advice of the Borough Planning Commission and Engineer.
(3)
Shall not be provided with a vehicular turnaround.
(4)
Shall be constructed to the property line in accordance
with the standards of this chapter applicable to the classification
of street it will be upon extension.
Clear sight triangles shall be required to be
maintained along all approaches to all street intersections and all
intersections of driveways with streets, in compliance with the standards
herein.
A.
Clear sight triangles shall be measured along street
and driveway center lines from their point of intersection.
B.
Where differing classifications of streets intersect,
the higher classification of street shall determine the dimensions
used.
C.
For driveways, the dimensions used shall be in accordance
with the Pennsylvania Department of Transportation‘s "Minimum
Use Driveway Requirements."
[Amended 10-2-2006 by Ord. No. 5-06]
E.
Visibility.
(1)
Within the area of clear sight triangles, obstructions
to visibility shall not be permitted within the following ranges of
height: for all streets, between 2 1/2 feet and 12 feet above
the edge of paving.
(2)
Any plant materials placed within clear sight triangles
shall be properly maintained to continually comply with the height
restrictions herein. If not properly maintained, the Borough reserves
the right to trim or remove the plant materials upon due notice to
the property owner.
(3)
Exceptions may be made by the Borough Council to permit
the following items in a clear sight triangle:
(a)
One private sign or lamppost, provided that
the post does not exceed one foot square or diameter and that the
sign or lamp itself is above the top height limitation.
(b)
One shade tree, provided that as the tree matures,
its lower branches will be removed within the restricted height ranges.
(c)
Existing shade trees, provided that the lower
branches are removed within the restricted height ranges and that
the size, number and arrangement do not impede adequate visibility.
The Borough Council may require the removal of one or more trees as
necessary to provide adequate visibility.
(4)
Grading within a clear sight triangle shall not exceed
a three-percent increase measured from the elevation of the edge of
paving. Existing grades in excess of 3% shall be regraded into compliance.
[Amended 10-2-2006 by Ord. No. 5-06]
(5)
Where street or driveway grades drop off from an intersection,
the Borough Council may modify these requirements as necessary to
improve visibility at the intersection.
Applicants shall submit tentative sketch plans
to the Borough Planning Commission, for its evaluation and advice,
in the following circumstances:
A.
When any residential lots are proposed to be subdivided
along an existing primary or collector street.
[Amended 10-2-2006 by Ord. No. 5-06]
B.
For all nonresidential proposals which require a new
driveway or the upgrading of an existing driveway to handle larger
volumes of traffic than that which exists at the time of plan submission.
C.
For all proposals whose driveways would generate 25
or more vehicular trips per day, based on ITE trip generation standards.
D.
Review.
(1)
The Borough Planning Commission shall review the proposal in accordance with the procedures of Article III of this chapter.
(2)
Following evaluation by the Borough Planning Commission,
the applicant may submit plans to the state or Borough for formal
review and, as appropriate, approval and issuance of permits.
(3)
No driveway location, classification or design shall
be considered finally approved by the Borough unless permits have
been granted by the state and/or Borough and preliminary plan approval
has been granted by the Borough Council for the subdivision and/or
land development which the driveway(s) will serve.
Driveway intersections with streets shall be
subject to the Pennsylvania Department of Transportation permit process
for state roads, the Borough's permit process for Borough roads and
the additional requirements of this chapter.
A.
Driveway intersections with streets:
(1)
Shall provide adequate sight distance in compliance
with American Association of State Highway Officials or Pennsylvania
Department of Transportation standards.
(3)
Shall be designed and constructed in compliance with
Pennsylvania Department of Transportation standards when intersecting
a state street.
B.
In order to facilitate safe and efficient access between
streets and driveways, the number of driveways permitted to serve
individual parcels of land shall be kept to the minimum needed to
adequately serve the parcel in question.
(1)
Properties with frontages of 100 feet or less may
be permitted not more than one driveway intersection with a street.
(2)
Not more than two driveway intersections with the
same street may be permitted for any parcel of land unless anticipated
traffic volumes warrant more than two, and then only when supported
by a traffic study prepared by a qualified engineer.
C.
Driveway intersections serving individual parcels
of land may be prohibited by the Borough Council where such intersections
would create congestion, interference and/or hazards to traffic flow
and safety by reason of street grades, land forms, vegetation, frequency
of driveway intersections, limited sight distances and/or high-speed
traffic flow. In such cases, the Borough Council may permit reasonable
alternative forms of vehicular access to the parcel of land by means
of:
D.
Where driveway intersections are prohibited by the
Borough Council and alternative forms of vehicular access would cause
an undue burden upon an applicant, the Borough Council may permit
an alternative interim access solution in compliance with the following:
(1)
It is the safest feasible alternative, acceptable
to the Borough Engineer and/or Pennsylvania Department of Transportation.
F.
Choice of streets. When streets of different classes
are involved, the driveway shall provide access to the street of lesser
classification unless this requirement is waived by the Borough Council
for reasons of sight distance, incompatibility of traffic, grading,
drainage or other major reasons.
G.
Stopping areas. Regardless of the driveway classification,
all driveways shall be provided with a stopping area within which
the grade shall not exceed 6%. The stopping area shall be measured
as follows:
(1)
The length of stopping area shall be a minimum of
20 feet or the length of the longest vehicles anticipated to use the
driveway, whichever is greater.
(2)
Stopping areas shall be measured from the ultimate
right-of-way line for primary and collector streets and from the edge
of the paving or curbline of local access streets.
Sidewalks, curbs and storm sewers shall be installed
along all proposed streets, common driveways and common parking areas
except when this requirement is waived at the discretion of the Borough
Council upon recommendation of the Borough Planning Commission and
Engineer. Engineering design and construction standards shall be those
contained in the Borough's Engineering Standards.[1]
A.
The Borough Council may waive the sidewalk requirement
under one or more of the following conditions:
(1)
Where proposed residential lot widths will be 125
feet or greater.
(2)
There is clearly no destination to be reached by pedestrians
(e.g., shopping center, bus stop, employment or schools or none anticipated
in the foreseeable future.)
(3)
The sidewalk(s) would not be an extension of an existing
network which provides neighborhood or village circulation.
(4)
An alternative pedestrian circulation concept can
be shown to be more desirable, especially when using open space areas,
provided that appropriate walks are provided between the open space
walkways and the pedestrian origins and destinations.
(5)
The character, density of the area and/or small size
of the proposal preclude the purposeful use of sidewalks.
B.
The Borough Council may waive the curb and/or storm
sewer requirement under one or more of the following conditions:
(1)
The curbs and storm sewer would not be an extension
of existing curbs and storm sewers.
(2)
When an alternative system of protecting the pavement
edge and collecting and handling stormwater can be shown to be equal
or superior to the use of curbs and storm sewers.
(3)
When topographic conditions and/or low intensity of
development do not require their use.
C.
Regardless of the small size of a land development
or subdivision proposal, sidewalks, curbs and storm sewers shall be
required wherever they fill a gap in an existing network.
D.
If for any reason an interim waiver of these requirements is made, a sufficient guaranty shall be posted for the eventual installation of these items, subject to approval by the Borough Council upon recommendation of the Borough Engineer and Solicitor, in accordance with § 96-49 of this chapter.
E.
Sidewalks shall be not less than four feet in width,
although the Borough Council may require additional width in commercial,
industrial, office or higher density residential areas where higher
volumes of pedestrian traffic are anticipated.
F.
The edge of sidewalks shall be located six inches
from the right-of-way line, toward the street, with the sidewalk extending
toward the streets.
G.
Sidewalks shall be provided in appropriate locations
to provide safe and efficient pedestrian access between parking areas
and buildings.
H.
Additional sidewalks shall be required where deemed
necessary by the Borough Council to provide access to schools, churches,
parks, community facilities and commercial or employment centers and
to provide necessary pedestrian circulation within land development
and/or subdivisions where otherwise required sidewalks would not be
sufficient for public safety and convenience. Such additional sidewalks
may be constructed of alternative materials in compliance with the
Borough's Engineering Standards.
I.
Sidewalks shall be designed to facilitate access and
use by the handicapped in compliance with the Borough's Engineering
Standards.
J.
Driveway crossings shall be designed in compliance
with the Borough's Engineering Standards.
[1]
Editor's Note: The Engineering Standards are
on file in the office of the Borough Secretary.
Parking and related internal driveways shall
be governed by the following regulations:
A.
General.
(2)
Angled or perpendicular parking shall not be permitted
along public or private streets, except where specifically permitted
by this chapter or other ordinances.
(3)
The terms "parking lot," "parking area" and "parking"
are interchangeable. "Parking" includes the driveway which provides
direct access to the parking spaces.
B.
All parking lots.
(1)
Parking shall not be permitted along driveways which
serve as the entrance(s) or exit(s) to parking areas.
[Amended 10-2-2006 by Ord. No. 5-06]
(2)
Parking areas shall not be located closer than 20 feet from any tract boundary line nor less than 15 feet from any ultimate right-of-way line. These setback areas shall be landscaped in accordance with the requirements of § 96-39, General planting requirements.
(3)
Where the edge of a parking area is located close to a street, driveway or other parking area and the provisions of Subsection B(2) above do not apply, a minimum separation of 10 feet shall be provided between these features. This spacing shall consist of a raised landscaped area, preferably curbed, with planting in conformance with § 96-39C herein.
(4)
Parking spaces shall not be located closer than 20
feet to a building to provide potential access space for fire fighters
and equipment. Driveways providing access to parking spaces may be
located within that twenty-foot setback but shall not be closer than
six feet to the edge of the building.
[Amended 10-2-2006 by Ord. No. 5-06]
(5)
Dead-ended parking areas shall be discouraged when
the required parking capacity can be accommodated in a layout that
permits more convenient vehicular movements. However, extraneous through-traffic
flow should be avoided.
(a)
Up to 30 parking spaces may be located in a
dead-ended parking area if there is not a more desirable alternative
feasible and sufficient backup areas are provided for the end stalls.
(b)
More than 30 parking spaces may be located in
a dead-ended parking area only if a turnaround area is provided at
the closed end, suitable for passenger car turning. The turnaround
area may be circular, T- or Y-shaped or other configuration acceptable
to the Borough Council.
C.
Residential parking lots.
(1)
Parallel rows of parking spaces which are not separated by a driveway shall be separated by a raised and/or curbed planting strip, a minimum of 10 feet wide, landscaped in accordance with § 96-39C herein.
(2)
A single row of parking spaces located parallel to and between two driveways shall be separated from one of the driveways by a raised and/or curbed planting strip, a minimum of five feet wide, landscaped in accordance with § 96-39C herein.
D.
Nonresidential parking lots.
(1)
Parking lots with a capacity of from 10 to 30 cars shall require a raised and/or curbed planting strip, a minimum of 10 feet wide, landscaped in accordance with § 96-39C herein, around the entire perimeter.
(2)
Parking lots with a capacity of from 31 to 100 cars shall require a perimeter planting strip as in Subsection D(1) above and, within the perimeter of the lot, an additional planted area equal to 10% of the parking lot area, landscaped in accordance with § 96-39C herein. Minimum dimensions of any area used as part of the 10% shall be 10 feet by 20 feet; however, larger areas are encouraged.
(3)
Parking lots for more than 100 cars shall require a perimeter planting strip as in Subsection D(1) above and shall be divided into sections by raised and/or curbed planting strips, a minimum of 10 feet wide, landscaped in accordance with § 96-39C herein.
(a)
These planting strips shall be located parallel
to the rows of parking, to serve the following purposes:
[1]
To separate main access (entrance/exit) driveways
from rows of parking spaces.
[2]
To separate other major driveways from rows
of parking spaces (service drives and general internal circulation).
[3]
To separate large parking areas into smaller
units at intervals of not more than four rows of parking stalls with
each unit capacity not greater than 100 cars.
[4]
To add visual character and improve the appearance
of large parking areas by reducing their massiveness into smaller
units.
[5]
To provide shade for parked cars.
[6]
To reduce random vehicular flow across the parking
area.
[7]
To permit a high level of visibility for those
uses (stores and offices) for which visibility is an important factor.
[8]
To facilitate snow removal and storm drainage
and to conserve energy in construction and resurfacing operations,
by permitting relatively large units of paving surface not obstructed
by numerous, small, barrier island areas.
(c)
The ends of rows of parking shall be marked
as islands by means of painted lines or the use of different paving
materials such as paving blocks, bricks or round stones.
[1]
Marked end islands shall be equal in size to
one parking space for each row of spaces.
[2]
Parking shall be prohibited on these islands.
[3]
The first parking space abutting the end of
each island shall be reserved and marked for handicapped parking at
the end of the row closest to the building. Ramps shall be provided
at convenient intervals for access between the parking surface and
sidewalks.
The following requirements apply to driveways
within sites proposed for land development, as well as other sites
proposed for development which will provide parking capacity for 50
or more cars.
A.
A smooth transition in horizontal and vertical alignment
shall be provided between the driveway section required for access
to a public street and the driveway(s) required for internal site
circulation.
B.
Main access driveways (entrance/exit) and service
driveways handling large trucks shall be a minimum paved width of
30 feet, with one lane in each direction.
C.
Access driveways for cars and other small vehicles
which are clearly secondary in importance may be reduced to 26 feet
in paved width.
D.
Storefront driveways in shopping centers shall be
a minimum paved width of 35 feet, to allow one lane in each direction
and a drop-off/pickup lane along the sidewalks.
E.
Driveways along other nonresidential buildings shall
be a minimum paved width of 26 feet, except that where a drop-off/pickup
lane is proposed the width shall be 35 feet.
F.
Parking access driveways, as defined, shall be a minimum
of 22 feet wide, with two-way traffic flow for convenience and efficiency.
H.
Wherever feasible, internal circulation driveways
shall extend from access drives in locations which permit and encourage
entering traffic to turn and enter the parking aisles without first
traveling along a building-front driveway. This feature is intended
to reduce the volume of vehicular traffic along a building-front driveway
to make it safer for pedestrian traffic. Refer to Figure 1 for an
illustration of this concept.[1]
[1]
Editor's Note: Figure 1 is included at the
end of this chapter.
[Amended 11-19-2019 by Ord. No. 5-2019]
A.
Parking spaces shall be a minimum of 10
feet by 20 feet, except that where vehicles may overhang a planting
strip a three-foot widening of the planting strip shall permit a three-foot
reduction of parking space length to 17 feet. Parking lot dimensions
shall be as shown in Figure 2 herein.[1]
[1]
Editor's Note: Figure 2 is included as an
attachment to this chapter.
B.
Parking spaces shall be provided with wheel
or bumper guards so located and arranged that no part of any parked
vehicles will extend beyond the boundaries of the parking lot.
Rear lots, as defined herein, may be permitted
by the Borough Council in accordance with the following standards
and criteria:
A.
Purposes of rear lotting:
(1)
To permit the reasonable subdivision of land which
is physically constrained by unusual configuration of the tract or
limited road frontage and which could not be subdivided in a desirable
manner using conventional streets and lotting patterns.
(2)
To permit an alternative to the use of local access
streets where such streets cannot be justified in terms of the number
of lots served, volumes of traffic generated and/or the need to extend,
supplement or otherwise support or reinforce an established road pattern
or traffic circulation plan for the area surrounding the proposed
subdivision:
B.
Parts of a rear lot. Rear lots shall be comprised
of two parts, the access strip and the body of the lot, in compliance
with the following standards:
(1)
The access strip shall be a minimum of 25 feet wide
for its entire length, including that portion which abuts a public
street right-of-way for access.
(2)
When necessary or desirable for grading, drainage
or the preservation of natural features such as trees, the access
strip shall be widened beyond the twenty-five-foot minimum as necessary.
Fifty feet is suggested as a maximum width.
(3)
When the body of the rear lot is capable of being
further subdivided into additional lots, the minimum width for its
access strip shall be 50 feet for future use as a road right-of-way,
unless further subdivision is prohibited by a deed restriction or
other legal instrument approved by the Borough Solicitor.
(4)
The access strip shall be a fee simple part of the
rear lot and shall not be a separate parcel or easement.
(5)
The body of a rear lot shall comply with all the minimum
dimensional requirements of the zoning district in which it is located.
The area of the access strip shall not be counted toward the minimum
lot area requirement.
C.
Review factors. In reviewing applications for rear
lots, the following factors will be considered by the Borough Council,
Planning Commission and Engineer:
(1)
The amount of road frontage and configuration off
the property being subdivided.
(2)
The sizes and number of lots proposed, including both
the total number of lots and the number of rear lots.
(3)
The type and character of road which the tract abuts.
(4)
The topography of the parcel being subdivided, with
an emphasis on trees and slopes.
(5)
The physical characteristics of the surrounding area
and whether or not the subdivision site is distinguishable from it.
(6)
The development status of the surrounding sites.
(7)
The visual character preferred for the tract; that
is, whether it's better to see a lot of houses abutting the road or
to hide some in rear areas to reduce the perceivable density of development.
(8)
Whether rear lots would set an undesirable precedent
for nearby sites.
(9)
The economic impact of requiring road construction
as compared to using rear lots.
(10)
The visual and physical impacts of road construction
as compared to the use of access strips.
D.
Design standards for rear lots.
(1)
The length of the access strip shall be kept to a
minimum, and, as a guide, the preferred length is approximately equal
to the depth of one lot which complies with the minimum lot width
and area requirements of the district in which it is located.
(2)
The location of the access strip should be logical
relative to the body of the rear lot, surrounding property configurations
and natural features of the land, and it shall intersect the public
street at a safe, visible location.
(3)
Turns greater than 60° should be avoided in access
strips.
(4)
Driveways serving access strips shall comply with
the Borough's Engineering Standards[1] for drainage and cartway, from the edge of the road pavement
to a distance of 50 feet beyond the ultimate right-of-way line of
the road.
[1]
Editor's Note: The Engineering Standards are
on file in the office of the Borough Secretary.
(5)
When two access strips abut, they should share a common
access point and driveway from the edge of pavement to a distance
of 50 feet beyond the ultimate right-of-way line of the road, from
which point either one common driveway or two individual driveways
may continue. The shared portion shall be a minimum of 18 feet wide.
(6)
When more than two access strips would abut one another,
the Borough Council may require, instead, the use of a public street
in accordance with the standards of this chapter.
E.
Provisions for future roads. The Borough Council may
permit the use of rear lots where one or more access strips are intended
to serve as a right-of-way for a road which will serve future lotting.
The following regulations shall apply:
(1)
Legal guaranties shall be provided to assure the future
use of any access strip proposed for future use as a road, subject
to approval of the Borough Solicitor.
(2)
The road shall be constructed or financially guaranteed
at the applicant's expense.
(3)
Access strips legally and financially guaranteed for
future use as roads may comprise the legal and physical access to
otherwise landlocked residual parcels only if the access is irrevocably
guaranteed.
(4)
An overall tentative sketch plan shall be submitted
as part of the proposed subdivision to show how the rear lotting and
reservation of access strips for future roads forms a logical and
appropriate first phase in subdivision of the entire tract and/or
how it will allow interconnection with adjacent tracts.
(5)
When the road is constructed, any access strips which
are no longer needed shall revert to the owners of the abutting lots,
in accordance with the terms agreed to as part of the original preliminary
plan approval which created the access strips.
The regulations contained herein shall apply
in those areas identified as flood-prone in the Zoning Ordinance.[1] The Flood Boundary and Floodway Map shall be available
in the Borough Office for inspection. In regard to the adopted Floodplain
Conservation District, the regulations contained herein shall apply
to those areas defined and established as floodplain and not in conflict
with the information provided in the Flood Insurance Study.
A.
The regulations contained herein are intended to conform
to the requirements of the National Flood Insurance Program, P.L.
93-234, and the Pennsylvania Flood Plain Management Act, P.L. 851,
No. 166 of 1978, and as either is amended.[2] Furthermore, it is the purpose of these regulations to:
(1)
Regulate the subdivision and development of floodplain
areas in order to promote the general health, welfare and safety of
the community.
(2)
Require that each subdivision lot or development site
in floodplain areas be provided with a safe building site with adequate
access and that public facilities which serve such sites are designed
and installed to preclude flood damage at the time of initial construction.
(3)
Protect individuals from buying lands which are unsuitable
for use because of flood hazards by prohibiting the subdivision and
development of unprotected floodplain areas.
(4)
Maintain the certification of Pennsburg Borough and
the eligibility of the property owners in the Borough for the benefits
of the National Flood Insurance Program, P.L. 93-234.
[2]
Editor's Note: See 32 P.S. § 679.101
et seq.
B.
Prospective developers shall consult with the Zoning
Officer to make a determination as to whether or not the proposed
subdivision or land development is located within an identified floodplain.
C.
Where not prohibited by this chapter or any other
codes or ordinances, land located in floodplain may be subdivided
or developed in accordance with this chapter and any other codes or
ordinances regulating such development.
D.
The finished elevation of proposed streets within
floodplain areas shall be a minimum of two feet above the base flood
elevation. Drainage openings shall be sufficient to discharge flood
flows without increasing flood heights onto lands of other property
owners.
E.
Storm drainage facilities shall be designed to convey
the one-hundred-year flow without risk to persons or property. The
drainage system shall ensure drainage at all points along streets
and ensure the conveyance of drainage away from buildings.
F.
The Borough Council may require in a floodplain an
underground system to accommodate a one-hundred-year flood 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 of increased
runoff onto adjacent properties.
G.
All new or replacement sanitary sewer systems, whether
public or private, located in floodplain areas shall be floodproofed,
and all appurtenances thereto (including but not limited to pumping
stations) shall be floodproofed up to a point 1 1/2 feet above
the base flood elevation.
H.
All new or replacement water systems, whether public
or private, in floodplain areas, shall be floodproofed up to a point
1 1/2 feet above the base flood elevation.
I.
All other new or replacement public or private utilities
and facilities in floodplain areas shall be elevated or floodproofed
to a point 1 1/2 feet above the base flood elevation.
J.
Waivers. Guidelines for relaxation from the requirements
set forth in this section are as follows:
(1)
A waiver shall not be issued within any designated
regulatory floodway if any increase in flood levels during the base
flood discharge would result.
(2)
A waiver shall only be issued if there is:
(a)
A determination that failure to relax the requirements
would result in exceptional hardship to the applicant.
(b)
A determination that the relaxing of a requirement
will not result in increased flood heights, additional threats to
public safety or extraordinary public expense nor create nuisances,
cause fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(c)
A determination that the relaxing of a requirement
will not result in any adverse impact on adjacent landowners either
upstream or downstream.
(3)
A waiver shall only be issued upon a determination
that the waiver is the minimum necessary, considering the flood hazard,
to afford relief.
(4)
The Borough shall maintain a record of all waivers,
including justification for their issuance, and report such decisions
issued in its annual report submitted to the Federal Insurance Administrator.
K.
Where the subdivision or land development lies partially
or completely in a floodplain or where the subdivision or land development
borders on a floodplain, the plan shall include detailed information
identifying the following:
(1)
The location and elevation of existing and proposed
streets, water supply and sanitary facilities and any other permitted
improvements, soil types and proposed floodproofing measures.
The length, width and shape of blocks shall
be guided by the following:
B.
Deep, narrow lots are to be avoided, except that lots
for attached dwelling units may receive special consideration.
C.
Wide, shallow lots are to be avoided.
D.
Every lot shall contain a building envelope suitable
for the type(s) of development proposed.
E.
Every lot shall have frontage along the right-of-way
of a public street.
F.
Lot lines shall be drawn parallel, concentric, at
right angles or radial to the right-of-way line whenever feasible
and not otherwise justifiable by existing, permanent, natural or man-made
features.
B.
When existing buildings are retained:
(1)
Minimum building setbacks shall be met or exceeded,
in respect to all new lot lines created, for the district in which
the buildings are located, even if this results in a lot area or dimensions
in excess of the otherwise applicable minimums.
(2)
Building setbacks in excess of the applicable minimums
are encouraged, in respect to all new lot lines created, when the
height and/or bulk of the existing building significantly exceeds
that of proposed, abutting development. For tall buildings, a setback
equal to the height of the building is suggested as a minimum. For
proportionally wide or deep buildings, a setback equal to 1/2 of the
width or depth of the building is suggested as a minimum.
(3)
Run-down buildings shall be rehabilitated on the exterior
to conform in quality to surrounding new development.
(5)
Additions to retained buildings shall conform in all
respects to the requirements of the Zoning Ordinance[3] applicable to the district in which the building is located
and shall be in harmony with the character, design, building materials
and other architectural features of the building.
(6)
Historical or culturally significant buildings shall
retain their respective characters to the greatest extent practical.
(7)
New buildings abutting the retained building should
reflect the character and architectural features of the retained building
to the greatest extent practical.
(8)
In nonresidential districts, retained buildings shall
be provided with adequate parking, service and landscaped areas in
accordance with the Zoning Ordinance[4] provisions for the intended use. If the applicant cannot
specify the intended use, then the most land-consumptive provisions
shall be applied to ensure sufficient land area for uses permitted
in that district.
(9)
The building setback lines, existing and proposed
buildings, driveways, parking areas, walks and other similar information
shall be shown on the plan, with a note added describing the buildings
and their intended purposes.
(10)
No plan approval will be granted to a subdivision
or a land development unless and until the above requirements are
complied with to the satisfaction of the Borough Council upon recommendation
of the Borough Planning Commission and Engineer.
C.
When existing buildings will be removed:
(1)
The plan must show the location and include a brief
description of the building(s) to be removed.
(2)
Plan approval will be granted upon written agreement to the expeditious removal of buildings intended for removal, in conformance with applicable Borough requirements and procedures regarding demolition of buildings and disposition of the reusable parts and/or disposal of the rubble. If the building will not be removed immediately, a financial guaranty must be posted for its removal, in compliance with § 96-49 herein.
All subdivisions and land developments shall
be required to install, maintain and guarantee plant materials, as
required herein for the visual and other environmental benefits these
plants will provide, as well as for the specific benefits of buffering
or screening, or otherwise dividing spaces.
A.
The preservation of existing desirable woodland, trees
and/or shrubs may be counted in lieu of the requirements herein. Upon
review of sufficient evidence provided by the applicant, the Borough
Council may waive a part or all of these planting requirements.
B.
Street trees. All proposals shall provide street trees selected from the lists of shade trees in § 96-40A and B herein, in compliance with the following:
(1)
Where street trees exist along the street on abutting
properties, new street trees shall be planted in line with the existing
ones. Compatible species are encouraged.
(2)
Where few or no street trees exist along the street,
new street trees shall be located a minimum of five feet from the
sidewalk, toward the proposed development. Applicants are encouraged
to use a variety of trees to protect against insects, disease or physical
damage in any one species, as well as for visual interest.
(3)
Street tree spacing shall be not less than the minimums
listed nor more than twice the minimum or 50 feet, whichever is lower.
C.
Parking lot planting. All proposals with parking lots
shall provide planting in compliance with the following standards,
wherever required by this chapter.
(2)
Additional planting is encouraged to include a variety of ornamental trees, shrubs and ground covers selected from the lists in § 96-40C herein.
(3)
At the ends of planting strips at driveway intersections,
drivers' visibility shall be maintained by limited planting for the
end 35 feet.
(4)
At the ends of planting strips between rows of parking
spaces, visibility shall be maintained by limited planting for the
end 20 feet.
D.
Buffer and screen planting. Along property lines separating
the applicant's proposal from lands owned by others, buffer planting
shall be provided in compliance with the following:
(1)
Where development on both sides of the property line
is or will be of essentially the same type and intensity, no additional
buffer planting is required.
(2)
Where development on both sides of the property line is or will be of essentially the same type but of significantly different intensities, the buffer area shall be planted in accordance with Subsection C, herein, including additional planting.
(3)
Where the applicant's proposal is nonresidential and
the abutting properties are residential, buffer planting shall be
as follows:
(b)
Screen planting sufficient to substantially obscure the least desirable views from the residential property onto the applicant's property. Screening plants shall be chosen from the list in § 96-40C(4).
[1]
The suggested minimum screen planting is a double
row of evergreen trees, six feet in height, planted 10 feet on center,
with each row offset five feet to achieve a more complete screening
effect.
[2]
Additional planting and the use of earthen mounding
is encouraged to provide a more varied and complete screening effect
wherever possible.
(4)
When buffering is planted on private property, the
owner of the property is responsible for the maintenance of the buffering.
If any portion of the buffering dies, it must be repaired or replaced
at the expense of the landowner. The landowner shall not remove any
planting in the buffer area without the prior authorization of Borough
Council.
[Added 10-2-2006 by Ord. No. 5-06]
These lists in this section shall be used for
all planting required by this chapter. Alternative plant materials
may be used only with the approval of Borough Council, after sufficient
evidence is submitted regarding their suitability for their purposes
and locations.
A.
Large shade trees.
|
Genus; Species; Cultivar
|
Common Name
|
Minimum
Spacing
(feet)
| |
|---|---|---|---|
|
Acer rubrum, cv Armstrong
|
Armstrong red maple
|
30
| |
|
Carpinus betulus
|
European hornbeam
|
25
| |
|
Celtis occidentalis
|
Hackberry
|
20
| |
|
Fraxius americana, cv autumn purple or rosewood
|
White ash
|
30
| |
|
Fraxius pennsylvanica, cv Marshall's seedless
or summit
|
Green ash
|
30
| |
|
Ginkgo biloba, cv autumn gold or sentry
|
Ginkgo
|
25
| |
|
Gleditsia triacanthos, var inermis
|
Thornless honey locust
|
25
| |
|
Platanus acerifolia, cv Bloodgood
|
Bloodgood London planetree
|
30
| |
|
Quercus species, scarlet, shingle, bur, red
and crownright pin
|
Various oaks
|
30
| |
|
Ulmus parvifolia
|
Chinese elm
|
30
| |
|
Zelkova serrata
|
Japanese zelkova
|
30
|
B.
Smaller shade trees.
|
Genus; Species; Cuttivar
|
Common Name
|
Minimum
Spacing
(feet)
| |
|---|---|---|---|
|
Acer buergerianum
|
Trident maple
|
25
| |
|
Acer campestre
|
Hedge maple
|
20
| |
|
Amelanchier canadensis
|
Shadblow serviceber- ry*
|
15
| |
|
Crataegus phaenopyrum
|
Washington haw- thorn*
|
15
| |
|
Crataegus, cv Toba
|
Toba hawthorn*
|
15
| |
|
Pyrus calleryana
|
Callery pear*
|
25
|
|
*NOTE: Flowering trees.
| |||
C.
Plants for additional planting in and around parking areas. These plants are intended for use as specified in § 96-39C(2) herein:
(2)
Flowering trees.
|
Genus; Species
|
Common Name
| |
|---|---|---|
|
Cornus mas
|
Corneliancherry dogwood
| |
|
Koelreuteria paniculata
|
Goldenrain tree
| |
|
Magnolia virginiana
|
Sweetbay magnolia
| |
|
Malus species
|
Flowering crab apples; sargent; redbud; Japanese
| |
|
Sorbus alnifolia
|
Korean mountain ash
| |
|
Syringa reticulata
|
Japanese lilac tree
|
(3)
Low-growing shrubs and ground covers:
|
Canbyi Paxistima (pachistima)
| |
|
Cotoneasters
| |
|
Dwarf Japanese yews
| |
|
Horizontal junipers
| |
|
Ivy
| |
|
Pachysandra
|
(4)
Screening plants:
(a)
Large trees:
|
Genus; Species
|
Common Name
| |
|
Juniperus virginiana
|
Eastern red cedar
| |
|
Quercus robur, cv Fasi- giata
|
English oak
|
(b)
Flowering small trees:
|
Genus; Species
|
Common Name
| |
|
Crataegus phaenopyrum
|
Washington hawthorn
| |
|
Crataegus, cv Toba
|
Toba hawthorn
| |
|
Pyrus calleryana, cv Chanticleer
|
Callery pear
|
(c)
Evergreen trees:
|
Genus; Species
|
Common Name
| |
|
Pinus strobus
|
Eastern white pine
| |
|
Pinus sylvestris
|
Scotch pine
| |
|
Pinus thunbergii
|
Japanese black pine
| |
|
Thuja occidentalis
|
American arborvitae
| |
|
Tsuga canadensis
|
Canada hemlock
| |
|
Tsuga caroliniana
|
Carolina hemlock
|
(d)
Hedge plants:
|
Genus; Species
|
Common Name
| |
|
Berberis thunbergii
|
Japanese barberry
| |
|
Cornus racemosa
|
Gray dogwood
| |
|
Ligustrum japonicum
|
Japanese privet
| |
|
Ligustrum vulgare
|
Common privet
| |
|
Taxus cuspidata
|
Japanese yew
|
D.
Purposes. The plant materials in these sections were
selected for the following purposes:
(1)
Subsections A, B and C(1) and (2) for their abilities to tolerate poor soils, salt runoff, air pollution and other adverse environmental factors, especially within and around parking lots, streets and buildings, as well as for their shade-providing qualities, low maintenance characteristics and/or other desirable ornamental characteristics.
(3)
Where more favorable planting environments can be
obtained, alternative plant materials should be considered which may
be more suitable and attractive in those areas.
[Added 6-1-1998 by Ord. No. 6-98]
A.
Deciduous shrubs: minimum height at time of planting
of three feet.
|
Alnus incana
|
Speckled alder
| |
|
Alnus serrulata
|
Smooth alder
| |
|
Amelanchier bartramiana
|
Mountain juneberry
| |
|
Amelanchier canadensis
|
Shadbush, Serviceberry, Juneberry
| |
|
Amelanchier intermedia
|
Shadbush, Serviceberry
| |
|
Amorpha fruticosa
|
False-indigo
| |
|
Aronia arbutifolia
|
Red chokeberry
| |
|
Aronia melanocarpa
|
Black chokeberry
| |
|
Aronia prunifolia
|
Purple chokeberry
| |
|
Clethra alnifolia
|
Sweet pepperbush
| |
|
Cornus amomum
|
Kinnikinik, Red willow
| |
|
Cornus florida
|
White flowering dogwood
| |
|
Cornus racemosa
|
Swamp dogwood
| |
|
Cornus sericea
|
Red-osier dogwood
| |
|
Dirca palustris
|
Leatherwood
| |
|
Euonymus americanus
|
Hearts-a-bursting, Strawberry-bush
| |
|
Gaylussacia dumosa
|
Dwarf huckleberry
| |
|
Gaylussacia frondosa
|
Dangleberry
| |
|
Hamamelis virginiana
|
Witchhazel
| |
|
Hydrangea paniculata
|
Peegee hydrangea
| |
|
Ilex laevigata
|
Smooth winterberry
| |
|
Ilex verticillata
|
Winterberry, Black alder
| |
|
Itea virginica
|
Tassle-white, Virginia willow
| |
|
Leucothoe racemosa
|
Fetter-bush, Swamp dog-hobble
| |
|
Lindera benzoin
|
Spicebush
| |
|
Lonicera hirsuta
|
Hairy honeysuckle
| |
|
Lonicera oblongifolia
|
Swamp fly honeysuckle
| |
|
Lyonia ligustrina
|
Maleberry
| |
|
Lyonia mariana
|
Stagger-bush
| |
|
Menzesia pilosa
|
Minnie-bush
| |
|
Myrica pennsylvanica
|
Bayberry
| |
|
Nemopanthus mucronatus
|
Mountain holly
| |
|
Physocarpus opulifolia
|
Ninebark
| |
|
Potentilla fruticosa
|
Shrubby cinquefoil
| |
|
Ptelea trifoliata
|
Hop-tree, Wafer-ash
| |
|
Rhamnus alnifolia
|
Alder-leaved buckthorn
| |
|
Rhododendron arborescens
|
Smooth azalea
| |
|
Rhododendron atlanticum
|
Dwarf azalea
| |
|
Rhododendron canadense
|
Rhodora
| |
|
Rhododendron canescens
|
Hoary azalea, Mountain azalea
| |
|
Rhododendron periclymenoides
|
Pinxter flower, Election-pink
| |
|
Rhododendron viscosum
|
Swamp azalea, Swamp honeysuckle
| |
|
Ribes americanum
|
Wild black currant
| |
|
Ribes glandulosum
|
Skunk currant
| |
|
Ribes hirtellum
|
Northern wild gooseberry
| |
|
Ribes lacustre
|
Bristly black currant, Swamp currant
| |
|
Ribes triste
|
Wild red currant
| |
|
Rosa palustris
|
Swamp rose
| |
|
Rosa rugosa
|
Rugosa rose
| |
|
Rosa virginiana
|
Wild rose, Pasture rose
| |
|
Rubus pubescens
|
Dwarf blackberry
| |
|
Rubus setosus
|
Blackberry
| |
|
Salix discolor
|
Pussy willow
| |
|
Salix eriocephala
|
Heart-leaved willow
| |
|
Salix exigua
|
Sandbar willow
| |
|
Salix lucida
|
Shining willow
| |
|
Salix myricoides
|
Broad-leaved willow
| |
|
Salix petiolaris
|
Slender willow
| |
|
Salix sericea
|
Silky willow
| |
|
Salix serissima
|
Autumn willow
| |
|
Sambucus canadensis
|
American elder
| |
|
Spirea alba
|
Meadow sweet
| |
|
Spirea tomentosa
|
Hardback, Steeplebush
| |
|
Vaccinium corymbosum
|
Highbush blueberry
| |
|
Vaccinium myrtilloides
|
Sour-top or velvet blueberry
| |
|
Viburnum cassinoides
|
Wither rod
| |
|
Viburnum dentatum
|
Southern arrowwood
| |
|
Viburnum lantanoides
|
Witch-hobble, Hobble-bush
| |
|
Viburnum lentago
|
Nannyberry, Sheepberry
| |
|
Viburnum nudum
|
Possumhaw, Swamp-haw
| |
|
Viburnum recognitum
|
Arrowwood
| |
|
Viburnum trilobum
|
Highbush-cranberry
|
B.
Deciduous trees: minimum three-inch caliper at time
of planting.
|
Acer negundo
|
Box elder
| |
|
Acer rubrum
|
Red maple, Swamp maple
| |
|
Acer saccharinum
|
Silver maple
| |
|
Amelanchier arborea
|
Shadbush, Serviceberry, Juneberry
| |
|
Aralia spinosa
|
Devil's walking stick
| |
|
Betula alleghaniensis
|
Yellow birch
| |
|
Betula populifolia
|
Grey birch
| |
|
Betula nigra
|
River birch
| |
|
Carpinus caroliniana
|
Hornbeam, Blue beech
| |
|
Catalpa speciosa
|
Catalpa, Cigar tree
| |
|
Celtis occidentalis
|
Hackberry
| |
|
Chioanthus virginicus
|
Fringetree
| |
|
Crataegus phaenopyrum
|
Washington hawthorn
| |
|
Diospyros virginiana
|
Persimmon
| |
|
Fraxinus americana
|
White ash
| |
|
Fraxinus pennsylvanica
|
Red ash, Green ash
| |
|
Fraxinus nigra
|
Black ash
| |
|
Fraxinus profunda
|
Pumpkin ash
| |
|
Gleditsia triacanthos
|
Honey locust
| |
|
Larix laricina
|
American larch, Tamarack
| |
|
Liquidambar styraciflua
|
Sweetgum
| |
|
Magnolia virginiana
|
Sweetbay magnolia
| |
|
Nyssa sylvatica
|
Black gum, Sour gum, Tupelo
| |
|
Populus balsamifera
|
Balsam poplar, Hackmatack
| |
|
Quercus bicolor
|
Swamp white oak
| |
|
Quercus imbricaria
|
Shingle oak
| |
|
Quercus macrocarpa
|
Bur oak, Mossy-cup oak
| |
|
Quercus palustris
|
Pin oak
| |
|
Quercus phellos
|
Willow oak
| |
|
Quercus shumardii
|
Shumard oak
| |
|
Salix amygdaloides
|
Peach-leaved willow
| |
|
Salix bebbiana
|
Long-leaved willow, Grey willow
| |
|
Salix candida
|
Hoary willow, Sage-leaved willow
| |
|
Salix caroliniana
|
Carolina willow
| |
|
Salix fragilis
|
Crack willow, Bridle willow
| |
|
Salix nigra
|
Black willow
| |
|
Sorbus decora
|
Showy mountainash
| |
|
Ulmus americana
|
American elm, White elm
| |
|
Ulmus rubra
|
Red elm, Slippery elm
|
C.
Evergreen shrubs: minimum height at time of planting
of three feet.
|
Andromeda polifolia
|
Bog-rosemary
| |
|
Chamaedphne calyculata
|
Leatherleaf
| |
|
Ilex glabra
|
Inkberry
| |
|
Kalmia polifolia
|
Bog laurel
| |
|
Ledum groenlandicum
|
Labrador tea
| |
|
Rhododendron maximum
|
Rosebay
|
D.
Evergreen trees: minimum height at time of planting
of six feet.
|
Abies balsamea
|
Balsam fir
| |
|
Chamaecyparis thyoides
|
Atlantic white cedar
| |
|
Juniperus virginiana
|
Eastern red cedar
| |
|
Pinus strobus
|
Eastern white pine
| |
|
Taxus canadensis
|
American yew
|
The design of subdivisions and land developments
should be done in a manner which would preserve desirable natural
and/or historic features of a site wherever reasonably possible. Included
in such features would be the following:
[Amended 10-2-2006 by Ord. No. 5-06]
No topsoil shall be removed from the site or used as spoil. Topsoil must be removed from the areas of construction and stored separately. Upon completion of the construction, the topsoil must be redistributed on the site uniformly. All areas of the site shall be stabilized in accordance with Pennsylvania Department of Environmental Protection Chapter 102, Guidelines for Sediment Erosion Control.
Applicants are encouraged to provide open space
for parks, playgrounds, recreational facilities and other community
spaces. In commercial areas, spaces for walkways, malls, sitting areas
or other community spaces are encouraged. The preservation of existing
natural amenities as part of these spaces should be considered by
the applicant. In addition, residential subdivisions and land developments,
as well as commercial and industrial developments, shall set aside
land suitable for park, recreation and open space purposes as a condition
precedent to final plan approval according to the objectives of the
Pennsburg Borough Parks, Recreation and Open Space Plan, 1995, and
the following requirements:
A.
B.
Location and criteria for dedicated land. Land to
be dedicated shall:
(1)
Be suitable for active and/or passive recreation.
(2)
May contain environmentally sensitive and attractive
areas such as woodlands, streams, floodplains, etc.; however, stormwater
basins and lands with slope greater than 10% shall not be contained
in areas offered for public dedication unless approved by the Borough
Council.
C.
Acceptance and use of dedicated land.
(1)
Any land dedicated to the Borough shall be used only
for the purpose of providing park and recreational facilities and
for the preservation of open space and shall be available for use
by all residents of the Borough.
(2)
When the land is dedicated, acceptance by the Borough
shall be by means of a signed resolution to which a property description
of the dedicated area shall be attached. A fee simple warranty deed
conveying the property shall be delivered to the Borough with the
title free and clear of all liens, encumbrances and conditions, except
public utility easements.
D.
Alternatives to dedication of park or recreational
land.
(1)
Upon agreement of both the Borough Council and the
applicant, the applicant may pursue the following alternatives:
[Amended 10-2-2006 by Ord. No. 5-06]
(2)
Improvements to other recreational sites.
(a)
The applicant may, through an agreement with
the Borough, construct recreational facilities on an existing or proposed
park land that is readily accessible to residents of the proposed
development. The value of such improvements shall be comparable to
the fee in lieu of dedication that would otherwise be applied, based
upon the applicant's estimates as reviewed by the Borough Engineer.
(4)
A combination of land dedication and/or alternate
of approaches listed herein may be pursued based upon an agreement
between the applicant and Borough Council.
E.
Use of fees.
(1)
Fee in lieu of payment shall be used to expand and
improve existing public parks or to acquire land and develop new recreational
facilities. Fees received for a particular development shall be expended
on sites or facilities accessible to the residents of development.
(a)
A fee authorized by this section shall, upon
its receipt by the Borough, be deposited in an interest-bearing account
as designated as "Pennsburg Borough Parks and Recreation Fund." Interest
earned on such account shall become funds on that account. Funds from
such account shall be expended only upon the design, construction
or acquisition of specific recreation facilities approved by the Borough
Council.
(b)
Upon the request of an applicant who has paid
fees under this section, the Borough shall refund such fee, plus interest
accumulated thereon, from the date of payment if the Borough has failed
to utilize such fee for recreational purposes within three years from
the date the fee was paid unless this time limitation is waived by
the party by and through a separate agreement.
The items listed below shall be designed, constructed,
developed, installed, inspected and/or maintained in compliance with
the Borough's Engineering Standards, which standards are incorporated
by reference as a part of this chapter.[1]
A.
Street, driveway and parking area paving.
B.
Radii of pavement and rights-of-way at intersections.
C.
Driveways and parking areas on a lot serving a single
dwelling unit.
D.
Construction inspection.
E.
Sidewalks and curbs.
F.
Stormwater runoff and other drainage facilities.
G.
Utility locations, easements and rights-of-way.
H.
Sanitary sewers and on-site disposals.
I.
Water supply.
J.
Erosion and sediment control.
K.
Bridges and culverts.
L.
Survey monuments.
M.
All other items related to subdivision and/or land
development for which it is reasonable and prudent to be included.
[1]
Editor's Note: The Engineering Standards are
on file in the office of the Borough Secretary.
Applicants shall provide a reliable, safe and
adequate water supply to support the intended uses approved as part
of a development plan.
A.
If water is to be provided by means other than private
wells owned and maintained by the individual owners of lots within
the subdivision or development, applicants shall present evidence
to the Borough Council that the subdivision or development is to be
supplied by a certificated public utility, a bona fide cooperative
association of lot owners or a municipal corporation, authority or
utility. A copy of a certificate of public convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement or a commitment or agreement to serve the
area in question, whichever is appropriate, shall be acceptable evidence.
B.
If private wells owned and maintained by the individual
owners of lots within the subdivision or development will be used,
applicants shall certify their adequacy, in writing, to the Borough
Council.
