The following principles, standards and requirements will be
applied by the City Council and Planning Commission to evaluating
plans for proposed subdivision or land developments. The standards
and requirements outlined herein shall be considered minimum standards
and requirements for the promotion of the public health, safety, morals
and general welfare. Where literal compliance with the standards herein
specified is clearly impractical, the City Council may modify or adjust
the standards to permit reasonable utilization of property while securing
substantial conformance with the objectives of this chapter.
A.
Land shall be suited to the purposes for which it is to be subdivided
or developed.
B.
Land which is unsuitable for development because of hazards to life,
safety, health or property shall not be subdivided or developed until
such hazards have been eliminated or unless adequate safeguards against
such hazards are provided for in the subdivision or land development
plan. Land included as having unsuitable characteristics would be
the following:
(1)
Land subject to flooding or which has a high groundwater table.
(2)
Land which, if developed, will create or aggravate a flooding condition
upon other land.
(3)
Land subject to subsidence.
(4)
Land subject to underground fires.
(5)
Land containing significant areas of slope greater than 10%.
(6)
Land which, because of topography or means of access, is considered
hazardous by the City Council.
(7)
Land which is subject to ground pollution or contamination.
C.
Proposed subdivisions or land developments shall be coordinated with
existing nearby neighborhoods so that the community as a whole may
develop harmoniously.
A.
Proposed streets shall be properly related to such street plans or
parts thereof as have been officially prepared and adopted by the
City and shall be coordinated with existing or proposed streets in
adjoining subdivisions or land developments.
B.
Proposed streets shall further conform to such county and state road
and highway plans as have been prepared, adopted or filed as prescribed
by law.
C.
Streets shall be related to the topography so as to produce usable
lots and acceptable grades.
D.
Access shall be given to all lots and portions of the tract in the
subdivision or land development and to adjacent unsubdivided territory
unless the topography clearly indicates that such connection is not
feasible. Streets giving such access shall be improved to the limits
of the subdivision or land development and shall be improved to City
specifications. Reserve strips and land-locked areas shall not be
created.
E.
Streets shall be laid out to preserve the integrity of their design.
Local access streets shall be laid out to discourage their use by
through traffic and, where possible, arterial streets shall be designed
for use by through traffic.
F.
Where the proposed subdivision or land development contains or is
adjacent to an existing or proposed arterial street or a highway designated
as a limited access highway by the appropriate highway authorities,
provisions shall be made for marginal access streets at a distance
acceptable for the appropriate use of the land between the arterial
street or limited access highway and the marginal access streets.
The City Council may also require rear service areas, double frontage
lots, or such other treatment as will provide protection for abutting
properties, reduction in the number of intersections with primary
streets, and separation of local and through traffic.
G.
Half or partial streets will not be permitted in new subdivisions
or land developments except where essential to reasonable subdivision
or development of a tract in conformance with the other requirements
and standards of this chapter and where, in addition, satisfactory
assurance for dedication of the remaining part of the street can be
secured.
H.
Wherever a tract to be subdivided or developed borders an existing
half or partial street, the entire street shall be shown on the plan.
I.
Dead-end streets shall be prohibited, except as stubs (with adequate
turning capability) to permit future street extension into adjoining
tracts, or when designed as culs-de-sac.
J.
New reserve strips, including those controlling access to streets,
shall be forbidden.
K.
Where adjoining areas are not subdivided, the arrangement of streets
in a proposed subdivision or land development shall be made to provide
for the proper projection of streets into the unsubdivided land.
L.
Street names shall be coordinated with existing or platted street
names, and if a new street is a continuation of or is aligned with
an existing or platted street, it shall bear the same name as the
existing or platted street.
M.
No street shall be laid out or opened which extends to or crosses
any boundary between the City and any other municipality except with
the specific approval of the City Council and upon such condition
as the City Council may impose. If the street is proposed to serve
a commercial area, an industrial area or a residential area of 50
dwelling units or more located in another municipality, the street
shall not be approved unless the area is also served by a street in
the other municipality and unless the relevant traffic facilities
of the City are adequate to handle the anticipated volume.
N.
All streets shall have a uniform width throughout their respective lengths, except where otherwise required by the City Council pursuant to § 390-26B(2).
[Amended 5-10-1999 by Ord. No. 1598]
A.
Street classification. Three functional classifications are hereby
established for the streets and roads in the City:
(1)
Arterial. This classification includes highways which provide intra-county
or intermunicipal traffic of substantial volumes where the average
trip lengths are usually five miles or greater. Generally, these highways
should accommodate operating speeds of 35 to 55 miles per hour.
(2)
Collector. This classification is intended to include those highways
which connect local access highways to arterial highways. They may
serve intra-county and intermunicipal traffic. They may serve as traffic
corridors connecting residential areas with industrial, shopping and
other service. They may penetrate residential areas. Generally, these
highways will accommodate operating speeds of 35 miles per hour.
(3)
Local access. This classification is intended to include streets
and roads that provide direct access to abutting land and connections
to higher classes of roadways. Traffic volumes will be low and travel
distances generally short. These streets and roads should be designed
for operating speeds of 25 miles per hour or under.
B.
Right-of-way widths.
(1)
Minimum widths for each type of public street shall be as follows:
|
Type of Street
|
Right-of-Way Width
(feet)
|
Cartway Width
(feet)
|
|---|---|---|
|
Arterial
|
80 to 120
|
46
|
|
Collector
|
60
|
34
|
|
Local access
|
50
|
24
|
(2)
Where a proposed subdivision abuts or contains an existing public
street or road having a right-of-way width less than would be required
if said street or road were created under this chapter, sufficient
additional width for right-of-way shall be provided and dedicated
to meet the foregoing standards. Additional right-of-way and cartway
widths may be required by the City Council to promote public safety
and convenience when special conditions require it and to provide
parking space in areas of intensive use.
C.
Culs-de-sac.
(1)
Culs-de-sac, whether permanent or temporary, shall be provided at
the closed end with a turnaround having a minimum radius to the edge
of the finished street or curbline of not less than 50 feet.
(2)
Unless future extension is clearly impractical or undesirable, the
turnaround right-of-way shall be placed adjacent to a property line,
and a right-of-way of the same width as the street shall be carried
to the property line in such a way as to permit future extension of
the street into the adjoining tract. At such time as such a street
is extended, the overage created by the turnaround outside the boundaries
of the extended street shall revert in ownership to the property owners
fronting on the turnaround of the cul-de-sac.
(3)
Commercial and industrial culs-de-sac shall be reviewed for adequacy
by the City Engineer. His recommendations will be given to the City
Council, who shall have final authority in this matter.
(4)
Permanent culs-de-sac shall be kept to a minimum and shall not exceed
600 feet in length.
D.
Street alignment.
(1)
Whenever street lines are deflected by more than 5°, connection
shall be made by horizontal curves.
(2)
The minimum radius at the center line for horizontal curves on collector
and arterial streets shall be 300 feet, and for local streets the
minimum radius shall be 100 feet.
(3)
On local access streets, the minimum tangent between reverse curves
shall be at least 100 feet; on collector and arterial streets, the
minimum tangent shall be at least 250 feet.
(4)
Minimum vertical sight distance measured four feet above grade shall
be 300 feet for collector and arterial streets and 100 feet for local
access streets.
E.
Street grades.
F.
Street intersections.
(1)
Local streets shall not intersect with collector or arterial streets
on the same side at intervals of less than 800 feet as measured from
center line to center line.
(2)
The distance between center lines of streets opening onto the opposite
side of a proposed or existing street shall be not less than 150 feet
unless the streets are directly opposite each other.
(3)
Multiple intersections involving the junction of more than two streets
shall be avoided. Where this proves impossible, such intersections
shall be designed with extreme care for both pedestrian and vehicular
safety.
(4)
Streets shall be all laid out to intersect as nearly as possible
at right angles. Local streets shall not intersect collector or arterial
streets at an angle of less than 75°. The intersection of two
local streets shall not be at an angle of less than 60°.
(5)
Minimum curb radius at the intersection of two local streets shall
be at least 20 feet, and minimum curve radius at an intersection of
a local street and a collector or arterial street shall be at least
25 feet.
(6)
There shall be provided and maintained at all intersections clear
sight triangles of 75 feet in all directions measured along the center
line from the point of intersection. Nothing which obstructs the vision
of a motorist shall be permitted in this area.
(7)
Intersections shall be designed with a flat grade wherever practical.
Where the grade of any street at the approach to an intersection exceeds
7%, a leveling area shall be provided having a grade of not greater
than 4% for a distance of 25 feet measured from the nearest right-of-way
line of the intersecting street.
G.
Pavement design.
(1)
All components of the pavement structure shall be designed and constructed
in accordance with Pennsylvania Department of Transportation Specifications,
Form 408.
(2)
Minimum requirements. The following shall be considered to be minimum
standards for street construction in the City:
|
Alternates
|
Type
|
Local Access Streets
(inches)
|
Collector and Arterial Streets
(inches)
| |
|---|---|---|---|---|
|
Rigid pavement
|
Plain cement concrete subbase
|
6
|
6
| |
|
Flexible pavements
| ||||
|
Surface
|
ID-2
|
1 1/2
|
1
| |
|
Base
|
Bituminous
|
4
|
6
| |
|
Subbase
|
6 (if req.)
|
6 (if req.)
| ||
|
Surface
|
ID-2
|
3
|
3
| |
|
Base
|
Crushed aggregate (regular or dense grade)
|
6
|
10
| |
|
Subbase
|
6 (if req.)
|
9 (if req.)
| ||
|
Surface
|
ID-2
|
3
|
3
| |
|
Base
|
Modified stone aggregate
|
8
|
10
| |
|
Subbase
|
6 (if req.)
|
9 (if req.)
| ||
A.
Curbs.
(1)
Curbs shall be provided on all streets and parking compounds located
within multifamily and apartment building developments. Curbs shall
also be required on new streets in subdivisions or land developments
in which the average lot width of interior lots at the required building
setback line is 100 feet or less. Curbs may also be required in any
subdivision in which the lot areas or lot widths exceed the above
minimum, when the center line street grade of any street exceeds 3%.
In such cases, curbs or other drainage controls shall be installed
to properly control surface drainage and protect the streets from
erosion. The requirement of curbs may be waived at the discretion
of the City Council.
(2)
All curbs shall be depressed at intersections to sufficient width
to accommodate wheelchairs. Depression shall be in line with sidewalks
where provided.
(3)
Curbs may be either the vertical type or rolled curb and gutter type.
Rolled curb and gutter shall not be used on collector streets. The
transition from one type of curb to another shall occur only at street
intersections.
(4)
All curbs shall be constructed of portland cement concrete with expansion
joints every 20 feet and shall follow PennDOT standards where applicable.
B.
Sidewalks.
(1)
Sidewalks shall be provided on all streets and parking compounds
located within multifamily and apartment building developments. Sidewalks
shall also be required on new streets in subdivisions or land developments
in which average lot width of interior lots at the required building
setback line is 100 feet or less. The requirement of sidewalks may
be waived at the discretion of the City Council.
(2)
Minimum widths for sidewalks along each type of public street shall
be four feet and shall follow PennDOT specifications where applicable.
A.
Lots shall be laid out and graded to provide positive drainage away
from buildings. The City Council may require a grading and drainage
plan for individual lots, indicating a buildable area within each
lot complying with the setback requirements, for which positive drainage
is assured.
B.
No person, corporation or other entity shall block, impede the flow
of, alter, construct any structure, or deposit any material or thing,
or commit any act which will affect normal or flood flow in any communal
stream or watercourse without having obtained prior approval from
the City or the Department of Environmental Protection, whichever
is applicable.
C.
Where a subdivision or land development is traversed by a natural
watercourse, there shall be provided a drainage easement or right-of-way
conforming substantially with the line of such watercourse and of
such width as will be adequate to preserve natural drainage.
D.
The City will assure that all permanent streams not under the jurisdiction
of other official agencies are maintained open and free-flowing.
E.
The subdivider or developer, and each person, corporation, or other
entity which makes any surface changes, shall be required to:
(1)
Collect on-site surface runoff and dispose of it to the point of
discharge into the common natural watercourse of the drainage area.
(2)
Design drainage facilities to handle runoff from upstream areas,
assuming full development of those areas, based upon the Comprehensive
Plan for the City.
(3)
Design, construct, and/or install such drainage structures and facilities
as are necessary to prevent erosion damage to the subdivision or land
development, adjacent property and downstream property. Such structures
and facilities shall satisfactorily convey such surface waters to
the nearest practical street, storm drain, detention pond, or natural
watercourse.
F.
Storm sewers, culverts, and related installations shall be provided
to permit unimpeded flow of natural watercourses, to drain all low
points along streets, and to intercept stormwater runoff along streets
at intervals reasonably related to the extent and grade of the area
drained.
G.
Storm sewers, as required, shall be placed in front of the curb or
curbline when located in a street right-of-way. When located in undedicated
land, they shall be placed within an easement not less than 15 feet
wide, as approved by the City Engineer, who may require additional
width of easement as circumstances warrant.
H.
Street drainage will not be permitted to cross intersections or the
crown of the road:
(1)
Maximum spacing of street inlets shall not exceed 600 feet.
(2)
All street inlets shall be PennDOT Type C or M. Inlet tops shall
be cast-in-place reinforced concrete or precast concrete.
(3)
All culvert ends shall be provided with either reinforced concrete
headwalls or pipe end sections.
(4)
Minimum pipe size shall be 15 inch diameter.
(5)
When material for storm drain systems is not specified, PennDOT specifications
will govern.
I.
All springs and sump pump discharges shall be collected so as not
to flow in the streets.
J.
Stormwater roof drains shall not discharge water directly over a
sidewalk.
K.
Stabilized outlets shall be provided for footer drains, floor drains,
and downspouts.
L.
The Soil-Cover Complex Method of the Natural Resources Conservation
Service of the United States Department of Agriculture shall be used
as the primary means of estimating stormwater runoff.
M.
The Rational Method may be used for analysis of storm sewer systems
and for stormwater management facilities in minor subdivisions.
N.
Where the estimated runoff based upon the above methods is doubtful,
several recognized methods should be studied and compared.
O.
The minimum design criteria shall be a ten-year storm. Higher frequency
conditions shall be used in sensitive areas and where an overflow
would endanger public or private property.
P.
Runoff calculations must include complete hydrologic and hydraulic
design and analysis of all control facilities.
Q.
Control facilities.
(1)
Permanent control measures/facilities shall be designed to assure
that the maximum rate of stormwater runoff is not greater after development
than prior to development for a ten-year storm frequency. More stringent
criteria may be required in sensitive areas where stormwater problems
presently exist.
(2)
Control facilities shall be designed to meet, at a minimum, the design
standards and specifications of the Erosion and Sedimentation Control
Handbook for Clearfield County.
(a)
Detention ponds may be waived by the City Council on the recommendation
of the City Engineer at sites in close proximity to the major streams.
This is to facilitate drainage prior to stream flooding.
(b)
In areas underlain with limestone geology, ponds shall be limited
to the detention (dry) type unless the developer can show a special
need for a retention pond, in which case it shall have a lining. Detention
ponds shall be prohibited in areas of known sinkholes unless the pond
is lined. If a sinkhole develops in a pond or channel before acceptance
by the City, a lining shall be required.
(c)
Any ponds with slopes steeper than three to one shall be fenced
with a six-foot fence of a type subject to the approval of the City.
(3)
A maintenance program for control facilities must be included as
part of the grading and drainage plan.
(a)
Maintenance during development activities of a project shall
be the responsibility of the contractor, developer and owner.
(b)
Arrangement for maintenance of permanent control facilities
after completion of development activities shall be made before approval
of final plans is given by the City Council.
(4)
In cases where permanent control facilities are owned by an entity,
it shall be the responsibility of that entity to maintain control
facilities (e.g., homeowners' association). In such cases a legally
binding agreement between the owner and the City shall be made, providing
for maintenance of all permanent erosion control facilities, including
the inspection by the City.
A.
Blocks and lots shall be graded to provide proper drainage away from
buildings and to prevent the collection of stormwater in pools. Minimum
two-percent slope away from structures shall be required.
B.
Lot grading shall be of such design as to carry surface waters to
the nearest practical street, storm drain, or natural watercourse.
Where drainage swales are used to deliver surface waters away from
buildings, their grade shall not be less than 1% nor more than 4%.
The swales shall be sodded, planted or lined as required. A grading
and draining plan shall be required for all subdivisions and land
developments, except minor subdivisions.
C.
No final grading shall be permitted with a cut face steeper in slope
than two horizontal to one vertical, except under one or more of the
following conditions:
(1)
The material in which the excavation is made is sufficiently stable
to sustain a slope steeper than two horizontal to one vertical, and
a written statement of a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, to that effect
is submitted to the City Engineer and approved by him. The statement
shall state that the site has been inspected and that the deviation
from the slope specified hereinbefore will not result in injury to
persons or damage to property.
(2)
A concrete or stone masonry wall constructed according to sound engineering
standards, for which plans are submitted to the City Engineer for
review and approval is provided.
D.
No final grading shall be permitted which creates any exposed surface
steeper in slope than two horizontal to one vertical, except under
one or more of the following conditions:
(1)
The fill is located so that settlement, sliding or erosion will not
result in damage or be hazardous to adjoining property, streets, alleys,
or buildings.
(2)
A written statement from a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, certifying that
he has inspected the site and that the proposed deviation from the
slope specified above will not endanger any property or result in
property damage, is submitted to and approved by the City Engineer.
(3)
A wall is constructed to support the face of the fill.
E.
The top or bottom edge of slopes shall be a minimum of three feet
from property or right-of-way lines of streets or alleys in order
to permit the normal rounding of the edge without encroaching on the
abutting property. All property lines, where walls or slopes are steeper
than one horizontal to one vertical and five feet or more in height,
shall be protected by a protective fence no less than three feet in
height, approved by the City Engineer.
F.
All lots must be kept free of any debris or nuisances whatsoever.
A.
The length, width, shape and design of blocks shall be determined
with due regard to the provision of adequate sites for buildings of
the type proposed, to the land use and/or zoning requirements of the
City, the topography of the land being subdivided, and the requirements
for safe and convenient vehicular and pedestrian circulation.
B.
Unless the topography of the land being subdivided or the existing
pattern of development in the immediately adjacent area shall be otherwise
than herein required, the following minimum standards for the design
and size of blocks and lots shall prevail:
(1)
Blocks shall not exceed 1,600 feet in length, nor be less than 500
feet in length.
(2)
Residential blocks shall generally be of sufficient depth to accommodate
two tiers of lots, except where reverse frontage lots bordering an
arterial or collector street are used, or where, due to the contour
of the land or the necessary layout of the subdivision, there is insufficient
depth between intersecting streets for such two-tier design.
(3)
Crosswalks or interior pedestrian walks shall be required in blocks
exceeding 1,000 feet in length to provide for pedestrian circulation
or access to community facilities. Such walks shall be paved for a
width of not less than four feet, shall be located in easements not
less than 10 feet in width, and shall, insofar as possible, be located
in the center of any such block.
(4)
Blocks for commercial and industrial areas may vary from the elements
of design contained in this section if the nature of the use requires
other treatment. In such cases, off-street parking for employees and
customers shall be provided along with safe and convenient limited
access to the street system. Space for off-street loading shall also
be provided with limited access to the street system. Extensions of
streets, railroad access rights-of-way, and utilities shall be provided
as necessary.
(5)
Lot lines intersecting street lines shall be substantially at right
angles or radial to street lines.
(6)
Lots shall, in general, front on a street which has already been
dedicated to the City, or which the subdivider or developer proposes
to dedicate to the City in connection with approval of the final plan.
In commercial or industrial subdivisions or land developments where
access is proposed to be provided by private streets within the subdivision
or land development, this requirement may be waived by the City Council.
(7)
The City shall assign house numbers to each lot within a subdivision.
(8)
Minimum lot sizes shall be in accordance with Chapter 450, Zoning, of the Code of the City of DuBois.
(9)
Remnants of land smaller than required for a lot shall not be permitted
within any subdivision. Such remnants shall be incorporated in existing
or proposed lots or dedicated to public use, if acceptable to the
City Council.
A.
It is the policy of this City that all subdivided lands shall have
immediate access to a public street. Because of unique property configuration
and location, this City recognizes the need for limited exceptions
to the foregoing general policy.
B.
No subdivision will be approved on a private street or road if more
than two lots already front on such street or road or if, after subdivision,
more than two lots will front on such private street or road.
A.
In order to promote the highest environmental quality possible, the
degree to which the applicant has preserved existing salient natural
features and land forms intrinsic to the site shall be assessed. Terms
of approval of a plat may be subject to the manner in which the layout
or design of the plan has preserved existing natural features, such
as but not limited to trees, wooded areas and watercourses.
B.
Open space. Where the applicant is offering for dedication, or is
required by ordinance to establish a reservation of open space or
preserve an area of scenic or historic importance, a "limit of work,"
which will confine excavation, earthmoving procedures and other changes
to the landscape, may be required to ensure preservation and prevent
despoliation of the character of the area in open space.
C.
Tree preservation. Whenever possible, trees shall not be removed
unless they are located within the proposed street right-of-way, within
the proposed building area, or within utility locations and equipment
access areas. In areas where trees are retained, the original grade
level shall be maintained, if possible, so as not to disturb the trees.
D.
Topsoil preservation. All of the topsoil from areas where cuts and
fills have been made should be stockpiled and redistributed uniformly
after grading. All areas of the site shall be stabilized by seeding
or planting on slopes of less than 10% and shall be stabilized by
sodding on slopes of 10% or more and planted in ground cover on slopes
of 20% or greater.
E.
Landscaping. For all multifamily, apartment, office, commercial,
and industrial subdivisions or land developments, a landscaping plan
shall be provided and shall include sufficient plantings for the required
open space, planting strips, screenings, formal gardens, shade trees
and natural barriers.
F.
Buffer planting requirements. Buffer yard requirements shall be as specified in Chapter 450, Zoning, of the Code of the City of DuBois.
G.
Preserved landscaping. When there is a conscientious effort to preserve
the existing natural integrity and character of a site and where such
preservation effectuates areas of woodland and trees comparable to
required planting improvements, i.e., landscaping and buffer screening,
the plan may be received in lieu of additional landscaping requirements.
H.
Trees. The planting of trees within the street right-of-way line
shall not be permitted. The planting of any trees within the private
property of each residential lot shall be at the discretion of the
property owner or developer.
I.
Watercourse protection. Where a subdivision or land development is traversed by a natural watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage. Such easement shall be in addition to the open space required in Subsection B of this section.
A.
All residential subdivisions or land development plats submitted
after the effective date of this chapter shall provide for suitable
and adequate recreation in order to:
(1)
Ensure adequate recreational areas and facilities to serve the future
residents of the City.
(2)
Maintain compliance with recreational standards as developed by the
National Recreation and Parks Association.
(3)
Reduce increasing usage pressure on existing recreational areas and
facilities.
(4)
Ensure that all present and future residents have the opportunity
to engage in many and varied recreational pursuits.
(5)
Reduce the possibility of the City becoming overburdened with the
development and maintenance of many very small, randomly planned and
widely separated recreation areas.
B.
Exemptions and requirements.
(1)
The following are exempt or partially exempt from the provisions
of this section:
(a)
Any single and/or multifamily residential subdivisions or land
development plan in a residential zone classification for which a
preliminary plan has been submitted prior to the effective date of
this chapter.
(b)
Any residential subdivision or land development plan, whether
single and/or multifamily, that contains less than 30 dwelling units
may be exempted by the City Council from dedicating land for recreational
purposes, but shall pay the fee in lieu of dedication as provided
in this chapter. Yard extensions shall be excluded from this requirement.
(2)
The amount of land required to be provided for recreational purposes
for residential subdivision or land development plans not exempted
from the provisions of this section shall be as follows:
(a)
Single-family developments. In the case of single-family subdivision,
the developer shall provide a minimum of 1,500 square feet per lot.
(b)
Multiple-family developments. In multiple-family developments,
a minimum contiguous area of 10% of the total area shall be provided
for recreation, exclusive of roadways of the land being developed.
(3)
A maximum of 25% of the total land area required by this section
to be provided for recreation may consist of floodplain areas.
(4)
Such land set aside shall be suitable to serve the purpose of active
and/or passive recreation by reason of its size, shape, location and
topography and shall be subject to the approval of the City Council.
(5)
The developer shall satisfy the City Council that there are adequate
provisions to assure retention and all future maintenance of such
recreation areas by maintaining ownership or by providing for and
establishing an organization for the ownership and maintenance of
the recreation area, and such organization shall not be dissolved
nor shall it dispose of the recreation area by sale or otherwise,
except to an organization conceived and established to own and maintain
the recreation area, without first offering to dedicate the same to
the City.
C.
Recreation area location criteria. The Planning Commission and City
Council, in exercising their duties regarding the approval of subdivision
and land development plans, shall consider the following criteria
in determining whether to approve the proposed location of recreation
areas in the developer's subdivision and land development plans:
(1)
Site or sites shall be easily and safely accessible from all areas
of the development to be served, have good ingress and egress and
have access to a public road; however, no public road shall traverse
the site or sites.
(2)
Site or sites shall have suitable topography and soil conditions
for use and development as a recreation area.
(3)
Size and shape for the site or sites shall be suitable for development
as a particular type of park. Sites will be categorized by the City
using the standards established by the National Recreation and Parks
Association (Publication No. 10005, as revised).
(4)
When designing and developing these recreation areas, it shall be
done according to the standards established by the National Recreation
and Parks Association.
(5)
Site or sites shall, to the greatest extent practical, be easily
accessible to essential utilities, such as water, sewer and electric.
(6)
Site or sites shall meet minimum size requirements for usable acreage
with respect to National Recreation and Parks Association standards,
with 75% of such area having a maximum slope of 7%.
(7)
Recreation sites shall be located in such a manner which allows maximum
practical solar access to neighboring structures.
(8)
Where open space is being provided, it shall be located, wherever
possible, to provide a buffer from the shading effects of taller structures
or obstructions on existing or proposed shorter buildings.
D.
Dedication to municipality.
(1)
In a case where the developer does not wish to retain the required
recreation area, such area may be offered for dedication to the City
for public use.
(2)
In addition to approving the recreation site areas to be dedicated
to the City, the Planning Commission shall make its recommendation
to the City Council as to whether the dedication shall be accepted
by the City.
(3)
Such areas dedicated to the City for public use shall be suitable
for recreation purposes by reason of size, shape, location, topography
and access.
(4)
The Planning Commission may find dedication to be impractical because
of the size, shape, location, access, topography, drainage or other
physical features of the land and that such dedication would adversely
affect the subdivision or land development and its future residents
or occupants, or that there is no land area within the proposed subdivision
which is practical for dedication to the public because of size, access,
topography or other physical characteristics.
(5)
When the City Council deems it to be in the public interest to accept
dedicated land, such acceptance shall be by means of a signed resolution,
to which the property description of the dedicated recreation area
shall be attached.
E.
Fee in lieu of dedication.
(1)
Where the City Council agrees with the developer that because of
the size, shape, location, access, topography or other physical features
of the land it is impractical to dedicate land to the City or set
aside a recreation area as required by this section, the City Council
shall require a payment of a fee in lieu of dedication of such land,
which shall be payable to the City prior to approval of each final
section of the overall plan by the City Council. Such fee shall be
calculated by multiplying the number of dwelling units in each section
by the fee per dwelling unit.
(2)
The amount of the fee shall be set from time to time by resolution
of the City Council.
(3)
All monies paid to the City Council pursuant to this section shall
be used only for the acquisition of and/or capital improvements for
park and recreation purposes.
A.
General purpose.
(1)
The City Council finds that the minimization of erosion and control
of sedimentation in connection with land development and subdivision
are in the public interest, affecting public health, safety and welfare,
and therefore those regulations governing erosion control and sedimentation
control are necessary for the City.
(2)
No changes shall be made in the contour of the land, no grading,
excavating, removal or destruction to 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 City Engineer and/or Clearfield County Soil
and Water Conservation District, or there has been a determination
by the above entities that such plans are not necessary.
(3)
No subdivision or land development plan shall be approved unless:
(a) there has been an erosion and sedimentation control plan approved
by the City Council that provides for minimizing erosion and sedimentation
consistent with this section, and an improvement bond or other acceptable
securities are deposited with the City in the form of an escrow guarantee
which will ensure installation and completion of the required improvements;
or (b) there has been a determination by the City Council that a plan
for minimizing erosion and sedimentation is not necessary.
(4)
Where not specified in this chapter, measures used to control erosion
and reduce sedimentation shall at a minimum meet the standards and
specifications of the Clearfield County Soil and Water Conservation
District. The City Engineer, or other officials as designated, shall
ensure compliance with the appropriate specifications, copies of which
are available from the Soil and Water Conservation District.
B.
Performance principles. The following measures are effective in minimizing
erosion and sedimentation and shall be included where applicable in
the control plan:
(1)
Stripping of vegetation, regrading, or other development shall be
done in such a way that will prevent all but minor erosion.
(2)
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.
(3)
Whenever feasible, natural vegetation shall be retained, protected,
and supplemented.
(4)
The disturbed area and the duration of exposure shall be kept to
a practical minimum.
(5)
Disturbed soils shall be stabilized as quickly as practicable.
(6)
Temporary vegetation and/or mulching shall be used to protect exposed
critical areas during development.
(7)
The permanent final vegetation and structural erosion control and
drainage measures shall be installed as soon as practical in the development.
(8)
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.
(9)
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.
C.
Grading for erosion and other environmental controls. In order to
provide suitable sites for building and other uses, improve surface
drainage, and control erosion, the following requirements shall be
met:
(1)
Streets shall be improved to a mud-free or otherwise permanently passable condition as one of the first items of work done on a subdivision or development. The wearing surface shall be installed in accordance with § 390-26G and as approved in the final plan.
(2)
Provisions shall be made to prevent surface water from damaging the
cut face of excavations or the sloping surfaces of fills, by installation
of temporary or permanent drainage across or above these areas.
(3)
Fill shall be placed and compacted so as to minimize sliding or erosion
of the soil.
(4)
Fills placed adjacent to watercourses shall have suitable protection
against erosion during periods of flooding.
(5)
During grading operations, necessary measures for dust control will
be exercised.
(6)
Grading equipment will not be allowed to enter into flowing streams.
Provisions will be made for the installation of temporary or permanent
culverts or bridges.
D.
Responsibility.
(1)
Whenever sedimentation damage is caused by stripping vegetation,
grading or other development, it shall be the collective responsibility
of the land developer and subdivider and of the contractor, person,
corporation and other entity causing such sedimentation to remove
it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible.
(2)
Maintenance of all erosion and sedimentation control facilities during
the construction and development period is the responsibility of the
land developer or subdivider.
(3)
It is the responsibility of any developer or subdivider and any person,
corporation, or other entity doing any act on or across a communal
stream, watercourse or swale, or upon the floodplain or right-of-way,
to maintain as nearly as possible in its present state the stream,
watercourse, swale, floodplain or right-of-way during the pendency
of the activity and to return it to its original or equal condition
after such activity is completed.
(4)
The subdivider or land developer shall provide and install, at his
expense, in accordance with City requirements, all drainage and erosion
control improvements (temporary and permanent) shown on the erosion
and sediment control plan.
E.
F.
Stream channel construction. Stream channel construction on watersheds
with drainage areas in excess of 1/2 square mile or in those cases
where downstream hazards exist will conform to criteria established
by the Pennsylvania Department of Environment Protection.
