A. 
The standards and requirements contained in Article V are intended as the minimum for the promotion of the public health, safety and general welfare, and shall be applied as such by the Borough Planning Commission and Borough Council in reviewing all subdivision and land development plans.
B. 
Whenever other Borough regulations impose more restrictive standards and requirements than those contained herein, such other regulations shall prevail; otherwise, the standards and requirements of this chapter shall apply.
C. 
The layout or arrangement of the subdivision or land development shall conform to the Comprehensive Plan, any regulations or maps adopted in furtherance thereof, and any other Official Plans of the Borough which have been adopted.
D. 
The plan of the proposed subdivision or land development shall be coordinated with existing adjacent development in order to provide for harmonious development of the area as a whole.
E. 
Land shall be suited to the purpose for which it is to be subdivided or developed. Lands subject to hazards to life, health, or property such as may result from fire, flood, disease or other causes shall either be made safe for the purpose for which such land is proposed to be used, or such land shall be set aside for uses which shall not endanger life or property or further aggravate or increase the existing menace.
F. 
All subdivisions and land developments shall be reviewed to assure that all such proposals are consistent with the need to minimize flood damage, that all utilities, and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and that adequate drainage is provided so as to reduce exposure to flood hazards.
The Borough will maintain a list of street designations by resolution.
A. 
Access management standards. Vehicular access to and from buildings, structures and lots in all commercial and industrial areas shall be governed by the following:
(1) 
Every building lot shall have access to a public street or an approved private street.
(2) 
Proposed access points shall be separated according to the provisions set forth in this chapter.
(3) 
Where a lot or multiple lots are created with frontage on more than one road, access shall only be permitted to the road with the lower functional classification according to this chapter.
(4) 
Unless clearly impractical, direct access to collector and arterial roads, as defined by this chapter, shall be prohibited.
(5) 
Unless clearly impractical, all residential lots shall have access only to local streets.
(6) 
Where a development proposal creates lots with frontage along existing collector or arterial roads, the proposed street pattern shall provide reverse frontage access to a local street within the development, rather than access to the collector or arterial road. All front yard setbacks shall be calculated from the local road.
(7) 
Where a building, structure, or lot is created having frontage along an existing collector or arterial road, and access to another street is not possible, access may be provided from an adjacent use.
(8) 
Where a building, structure or lot is created having frontage along an existing collector or arterial road, and no viable alternative for access is possible, access to the arterial or collector road may be permitted in conjunction with the following:
(a) 
The proposed use shall utilize existing accessways of adjacent properties through interconnection of interior drives, parking areas, or loading areas.
(b) 
The design of parking and interior circulation of the proposed use shall be planned in such a manner as to connect interior accessways, parking areas and loading areas with future adjacent uses, structures, buildings or lots.
(c) 
Access points along collector or arterial roads, as designated in this chapter, shall comply with all Borough and state regulations governing lot access, driveways and street intersections.
B. 
Access intersection distance. All proposed accessways shall be set back a minimum distance from any intersection, based on the highway classification as defined by this chapter. The minimum setback distance from intersections shall be calculated as the distance from the edge of or projected edge of the pavement of the intersecting roadway to the tangent of the radius of the proposed accessway according to the following:
(1) 
All proposed accessways shall be set back a minimum of 75 feet from the intersection of two local roads.
(2) 
From the intersection of a local road and collector road, proposed accessways shall be set back a minimum of 100 feet.
(3) 
From the intersection of a local road and an arterial road, proposed accessways shall be set back a minimum of 175 feet.
C. 
Shared access provisions.
(1) 
Purpose.
(a) 
The use of shared access points for adjacent facilities should be considered to better facilitate the flow of traffic by increasing access coordination along road frontages and minimizing confusion caused by an excessive number of access points.
(2) 
Objectives.
(a) 
Limit the number of access points along collector and arterial roads.
(b) 
Use parallel access roads as entrances to uses and lots that abut collector and arterial roads.
(c) 
Coordinate ingress and egress locations for adjacent uses, lots and structures along collector and arterial roads.
(d) 
Connect interior accessways, parking areas or loading areas of uses with frontage along collector and arterial roads.
(e) 
Coordinate similar traffic movements at access locations to increase safety and facilitate vehicle movement.
D. 
Access point separation.
(1) 
A minimum distance shall be provided between all new access points as determined by the highway classification identified in this chapter and in accordance with the following:
(a) 
The minimum separation distance between access points on a local road shall be 75 feet.
(b) 
The minimum separation distance between access points on a collector road shall be 100 feet.
(c) 
The minimum separation distance between access points on an arterial road shall be 300 feet.
(2) 
Where two or more adjacent buildings, structures, or lots are in such proximity that achieving the minimum separation is not possible for each individual use, access points shall be shared in compliance with the provisions of this chapter.
E. 
Responsibilities. The applicant shall be held responsible for the construction of any necessary traffic control devices, signs and roadway safety improvements, including acceleration and deceleration lane(s) where required by the Borough or PennDOT.
A. 
All design elements of all streets, including existing function, horizontal and vertical alignment, sight distance, and superelevation, are subject to review and approval by the Borough Council. When reviewing the design of streets, in addition to the standards in this chapter, the Rural Design Criteria in the Pennsylvania Department of Transportation Design Manual, Part 2, Highway Design, January 1990 edition, and A Policy on Geometric Design of Highways and Streets, AASHTO, current edition, as from time to time amended and supplemented, shall be in accordance with acceptable engineering practice.
B. 
For certain aspects of vertical and horizontal alignment discussed below, standards are determined by design speed of the street involved. For all proposed streets, the applicant shall indicate the proposed design speed. The designated design speed is subject to the approval of the Borough Council, in accordance with acceptable PennDOT standards.
C. 
The speed limit proposed to be posted for streets shall not exceed the design speed.
D. 
Streets in and bordering a subdivision or land development shall be coordinated, and be of such widths and grades and in such locations as deemed necessary to accommodate prospective traffic and facilitate fire protection.
E. 
The location and width of all proposed streets shall conform to the official plans which have been adopted by the Borough and shall be properly related to all existing streets, recorded streets, and official plans which have been adopted or approved by the Borough, county, or state.
F. 
Streets within the subdivision or land development and adjacent roads which will receive traffic from and distribute traffic to the subdivision or land development shall be adequate in construction, grade, width and capacity to accommodate traffic generated by the subdivision or land development.
G. 
The proposed street system shall extend existing or recorded streets at the same width as the existing or recorded streets if these streets meet or exceed the standards of § 395-23A. If the existing or recorded streets do not meet or exceed the standards of § 395-23A, the proposed street extensions shall meet the standards of § 395-23A.
H. 
Where, in the opinion of the Borough Council, it is desirable to provide for street access to adjoining property, streets shall be extended by dedication to the boundary of such property. The location and number of access points to adjoining properties are subject to Borough Council approval.
I. 
When streets will be extended to the boundaries of the subdivision or land development to provide for access to potentially developable tracts and sanitary sewer and/or water lines will be constructed in the streets within the applicant's tract, the Borough Council may require extension of the sanitary sewer and/or water lines to the tract boundary in order to facilitate future extensions to abutting land.
J. 
If a subdivision proposes lots, all of which front on existing public streets, the Borough Council may require the applicant to reserve land adequate to provide for future street access from the public streets on which the lots front to the land to the rear of the proposed lots. Such reserved areas shall be of such dimensions to permit the construction of streets meeting the standards of this chapter.
(1) 
When reservations for future streets will adjoin lots to be developed prior to the construction of the streets, the applicant shall establish the proposed grades of the future streets and the extent of the area necessary for the construction of those streets. If the area necessary for the construction of the streets extends beyond the proposed street right-of-way lines, all excavation and grading necessary for the streets beyond the right-of-way lines shall be done as required improvements in conjunction with the subdivision which contains the adjoining lots or else construction easements shall be provided on the adjoining lots, sufficient to permit construction of the future street.
(2) 
Where reservations for future streets intersect existing streets, radii shall be provided for the reservations such that the requirements of § 395-28F and G of this chaptercould be met for a street to be constructed in the future.
K. 
If lots or parcels in the subdivision are large enough for resubdivision, or if a portion of the applicant's property is not proposed to be subdivided but could be subdivided in the future, the Borough Council may require the reservation of land adequate to provide for future street access to land which could be resubdivided or subdivided in the future and require that the location of land reserved for future streets be coordinated with the street system shown on the subdivision plan.
L. 
Connections shall be provided between streets within the subdivision or land development to provide adequate access for emergency vehicles, other vehicles, and pedestrians.
M. 
New minor streets shall be so designed as to discourage through traffic, but the applicant shall provide for the extension and continuation of arterial and collector streets into and from adjoining properties when required by the Borough Council. Minor streets shall be extended and continued into and from adjoining properties when necessary for the proper development of and traffic circulation in the Borough.
N. 
Where a subdivision or land development abuts an existing street which does not meet the standards of this chapter, the Borough Council may require the dedication of land sufficient to widen the street to meet the standards of this chapter.
O. 
Where a subdivision of land development fronts on and will provide for vehicular access to and from an existing Borough street which does not meet the minimum cartway width requirements of this chapter, the Borough Council may require the applicant to improve at his expense the Borough street cartway to meet those requirements. Pavement shall be constructed in accordance with the requirements of this chapter. In addition, provision shall be made for adequate drainage along the sides of the streets. Such drainage provisions shall be approved by the Borough Council.
P. 
Private streets (streets not to be offered for dedication) shall be designed and constructed in accordance with the requirements of this chapter and other Borough regulations, including Ordinance No. 4-1974, as from time to time amended and supplemented, except as follows:
(1) 
Private streets need not conform in width to the requirements of § 395-23A of this chapter; provided, however, that private streets shall have a cartway of not less than 24 feet unless a greater width is required by Chapter 450, Zoning, of the Code of the Borough of Walnutport; and provided further, that no parking shall be permitted on any private street that does not contain the width requirements of § 395-23A of this chapter.
(2) 
Private streets shall only be permitted in those subdivisions or land developments intended to remain under single ownership.
Q. 
Where streets and other public improvements continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted. The applicant shall coordinate such design with both municipalities to avoid abrupt changes in cartway width or in improvements provided.
R. 
The street system shall be signed with regard to:
(1) 
Consideration of existing topographical considerations.
(2) 
Providing buildable lots, or in the case of a mobile home park, lots on which a mobile home can be placed in accordance with all applicable requirements of Chapter 450, Zoning, of the Code of the Borough of Walnutport.
(3) 
Minimizing the number of street intersections through encouraging the use of three-way rather than four-way intersections when intersections of minor streets are involved.
(4) 
Avoiding excessive lineal footage of street.
S. 
All drives within multiple-family and nonresidential developments which are intended for circulation within the development shall be designed to the horizontal and vertical alignment standards for streets contained within this chapter.
New half or partial streets will not be permitted, but wherever a tract to be subdivided borders an existing recorded half or partial street, the Borough Council may require the applicant to provide adjacent to such half or partial street a reservation of land adequate to allow the construction of a street meeting the standards of this chapter.
A. 
Minimum street right-of-way and cartway (pavement) widths shall be as follows:
Street Type
Required Widths
(feet)
Minor streets and permanent culs-de-sac
Right-of-way
56
Cartway
36
Collector street
Right-of-way
60
Cartway
40
Arterial street
Right-of-way
As specified in the official plans or as determined after consultation with the Borough and PennDOT
Cartway
As specified in the official plans or as determined after consultation with the Borough and PennDOT
Marginal access street
Right-of-way
As determined after consultation with the Borough and PennDOT, but not less than 40
Cartway
30
Service street
Right-of-way
24
Cartway
24
B. 
Additional right-of-way widths may be required by the Borough Council for the purpose of promoting the public safety and convenience and for providing for proposed traffic volumes.
C. 
The designation of streets as "minor," "collector," and "arterial" is subject to Borough Council approval. The Borough Council may prohibit parking along collector streets.
A. 
Whenever a subdivision or land development abuts or contains an existing or proposed arterial or collector street, the Borough Council may require restriction of access to the street by:
(1) 
Provision of reverse frontage lots;
(2) 
Provision of service streets along the rear of the abutting lots, together with prohibition of private driveways intersecting the arterial or collector street;
(3) 
Provision of marginal access streets, provided that the reserve strips establishing such marginal access streets shall be placed within the jurisdiction of the Borough under an agreement meeting the approval of the Borough; or
(4) 
Provision of a system of minor streets which intersect the arterial or collector street and on which lots would front.
B. 
Except as specified by Subsection A(3) of this section, reserve strips shall be prohibited.
A. 
There shall be a minimum cross-section grade at center line of 1% and a 2% maximum grade.
B. 
Center-line grades shall not exceed the following:
(1) 
Minor street or service street: 10%.
(2) 
Collector street: 6%.
(3) 
Arterial street: 6%.
(4) 
Street intersection: 5%.
C. 
Grades up to 12% may be permitted by the Borough Council on minor streets, except culs-de-sac, if the Council, at its discretion, deems that unsafe conditions will not result from the increase in grade.
A. 
Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.
B. 
Minimum center-line radii for horizontal curves shall be as follows:
Design Speed
(miles per hour)
Minimum Center-Line Radius
(feet)
20
100
25
150
30
230
35
310
40
430
45
550
50
700
55
850
C. 
A straight section of road of at least 100 feet shall be provided between all horizontal curves on collector streets. A straight section of road of at least 200 feet shall be provided between all horizontal curves on arterial streets.
D. 
Combinations of the minimum radius and maximum grade are prohibited.
At all changes in street grades where the algebraic difference in grade exceeds 1%, vertical curves shall be provided. The minimum sight distance provided shall be as follows for both crest and sag vertical curves.
Design Speed
(miles per hour)
Minimum Sight Distance
(feet)
20
125
25
150
30
200
35
250
40
325
45
400
50
475
55
550
A. 
Streets shall intersect as nearly as possible at right angles, and no street shall intersect another at an angle of less than 75° (measured at the intersection of the street center lines) nor more than 105°. The angle of intersection with an arterial street shall be 90°.
B. 
No more than two streets geometrically shall intersect at the same point.
C. 
Streets intersecting another street shall either intersect directly opposite to each other or be separated by at least 150 feet between center lines, measured along the center line of the street being intersected.
D. 
Intersections shall be approached on all sides by a straight area at least 50 feet in length, the grade of which shall not exceed 5% within 50 feet of the intersection of the nearest right-of-way lines.
E. 
Intersections with arterial streets shall be located not less than 500 feet apart, measured from center line to center line along the center line of the arterial streets.
F. 
Street curb intersections shall be rounded by a tangential arc with a minimum radius of:
(1) 
Ten feet for all intersections involving only minor streets or service streets;
(2) 
Fifteen feet for all intersections involving a collector street;
(3) 
Twenty feet for all intersections involving an arterial street.
G. 
Street right-of-way lines shall be parallel to (concentric with) curb arcs at intersections.
A. 
Clear sight triangles shall be provided at all street intersections, shall be reserved as such, and shall be drawn on the plan. Within such triangles, no vision-obstructing object shall be permitted which obscures vision above the height of 30 inches and below the height of 10 feet, measured from the center-line grade of intersecting streets. Such triangles shall be established, at a minimum, from a distance of:
(1) 
Seventy-five feet from the point of intersection of the center lines, except that:
(a) 
Clear sight triangles of 100 feet shall be provided for all intersections involving collector streets; and
(b) 
Clear sight triangles of 150 feet shall be provided for all intersections involving arterial streets.
B. 
Whenever a portion of the line of such clear sight triangles occur behind the required building setback line, such portion shall be considered a building setback line.
C. 
Sight distance at street intersections shall be such to provide the following minimum stopping distance for a vehicle traveling on an approaching street which has no stop or signal control:
Design Speed of Approaching Street with No Stop or Signal Control
(miles per hour)
Minimum Stopping Distance Required Unless Alternative Permitted by Borough Council
(feet)
Alternative Stopping Distance Permissible at Discretion of Borough Council Only on Lightly Traveled Highways Where the Removal of Sight Obstructions Would Be Costly
(feet)
20
125
90
25
150
110
30
200
130
35
250
155
40
325
180
45
400
200
50
475
220
55
550
240
D. 
Street intersections shall be located and designed to provide the following minimum sight distance for a vehicle traveling on an approaching street which has a stop control:
Design Speed of Street Being Approached By Vehicle on Stop Control Street
(miles per hour)
Minimum Sight Distance Required
(feet)
20
200
25
250
30
300
35
350
40
400
45
450
50
500
55
550
NOTE:
For calculating sight distance, refer to A Policy on Geometric Design of Highways and streets, AASHTO, 1984 edition.
A. 
In the event that the Borough Council shall determine that development on an adjoining property will not occur or deems it unlikely due to the physical and environmental constraints of the tract, the Council may permit a cul-de-sac to be constructed. In the case of streets which are planned for future extension into adjoining tracts and will not be the primary means of access to any lot or dwelling unit, a turnaround is not required.
B. 
Except as provided in Subsection A of this section, any street dead-ended for access to an adjoining property or because of authorized stage development shall be provided with a turnaround within the subdivision or land development and the use of such turnaround shall be guaranteed to the public until such time as the street is extended. If a cul-de-sac turnaround is offset, it shall not be offset to the right. Should a temporary cul-de-sac be proposed, arrangements satisfactory to the Borough Council and Borough Solicitor shall be made for construction and installation responsibilities of all improvements when the temporary cul-de-sac is abandoned and the street is extended.
C. 
Cul-de-sac streets shall be at least 250 feet from the right-of-way of the street intersected to the end of the turnaround. Cul-de-sac streets shall not exceed 500 feet in length as defined in this chapter and shall not furnish access to more than 20 dwelling units. The Borough Council may permit temporary culs-de-sac longer than 500 feet at its discretion if future extension of the cul-de-sac is likely in the opinion of the Council. At its discretion, the Council may permit culs-de-sac to serve more than 20 dwelling units when it believes adequate provision will be made for vehicular circulation and parking.
D. 
Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional right-of-way width provided along the boundary line to permit extension of the street at full width.
E. 
All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround. Minimum radius to the pavement edge or curbline shall be 50 feet, and minimum radius to the right-of-way line shall be 60 feet.
F. 
Drainage of cul-de-sac streets shall preferably be toward the open end. If drainage is toward the closed end, water shall be conducted away in an underground storm sewer or by other means approved by the Borough Council.
G. 
The center line grade on a cul-de-sac street shall not exceed 10% and the grade and cross-slope of the turnaround shall not exceed 5%.
A. 
Proposed streets which are in alignment with others already existing and named shall bear the names of the existing streets.
B. 
In no case shall the name of a proposed street duplicate an existing street name in the Borough, irrespective of the use of the suffix street, road, avenue, boulevard, driveway, place, court, lane, etc.
C. 
All street names and numbering shall be subject to the approval of the Borough Council.
A. 
Service streets shall be provided in residential subdivisions when and where required by the Borough Council to avoid direct driveway access to arterial or collector streets.
B. 
Service streets may be permitted by the Borough Council in other types of development, provided that the applicant produces evidence satisfactory to the Council of the need for such service streets and provided that the service streets are not the primary means of access.
C. 
Dead-end service streets are prohibited unless permitted at the discretion of the Borough Council. Dead-end service streets shall be terminated with a paved circular turnaround with a minimum radius to the outer pavement edge (curbline) of 50 feet.
D. 
Parking is prohibited along service streets.
A. 
Streets shall be designed to preclude or minimize the need for guide rail. The Borough Council may require guide rail to be placed for protection on embankments when a barrier is required in Design Manual Part 2, Highway Design by the Pennsylvania Department of Transportation, current edition.
B. 
Fixed obstructions along streets which would require guide rail shall be precluded or minimized. The Borough Council may require guide rail to be placed when a barrier is required for fixed objects in Design Manual Part 2, Highway Design by the Pennsylvania Department of Transportation, current edition.
C. 
The design and selection of guide rail shall be in accordance with the standards in Design Manual Part 2, Highway Design, current edition; however, the Borough Council shall approve all guide rail systems.
A. 
Layout. The length, width and shape of blocks shall be determined with due regard to the provision of adequate sites for buildings of the type proposed, zoning requirements, topography, and requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with arterial and collector streets.
B. 
Length. Blocks shall have a maximum length of 800 feet and a minimum length of 500 feet. The Borough Council may decrease the permitted maximum and/or minimum lengths of blocks if the topography of land, proposed lot sizes, or surface water drainage conditions warrant such a decrease. Blocks along arterial streets shall not be less than 600 feet.
C. 
Depth. Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots are required or where prevented by the size, topographical conditions or other inherent conditions of the property.
D. 
Nonresidential blocks. Blocks in nonresidential areas may vary from the elements of design detailed above if required by the nature of the use. In all cases, however, adequate provisions shall be made for off-street parking and loading areas and pedestrian and vehicular circulation.
E. 
Crosswalks. Crosswalks may be required by the Borough Council whenever necessary to facilitate pedestrian circulation and to give access to community facilities. Such crosswalks shall have a minimum width of 10 feet and contain a walkway, constructed of a material approved by the Borough Council, with a minimum width of four feet.
A. 
General standards.
(1) 
The size, shape and orientation of lots shall be appropriate for the type of development and use contemplated, and be in accordance with the provisions of Chapter 450, Zoning, of the Code of the Borough of Walnutport. Lots shall be capable of being built upon, or in the case of a mobile home park, on which a mobile home can be placed, in accordance with all applicable requirements of Chapter 450, Zoning.
(2) 
Side lot lines shall be at right angles to straight street lines and radial to curved street lines. Lot lines shall follow municipal boundaries rather than cross them.
(3) 
The depth of lots for single-family detached dwellings shall not be less than one nor more than three times their width at the street line.
(4) 
Depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, loading and unloading, setbacks, buffer yards and landscaping, etc.
(5) 
Subdivisions shall be designed to avoid the creation of remnants of land. If remnants of land would result after subdividing, adequate provision, which shall be approved by the Borough, shall be made for the disposition and maintenance of those remnants.
(6) 
Flag lots are prohibited, unless permission is granted by the Borough Council upon recommendation of the Borough Planning Commission. The Council may grant permission to utilize flag lots when it deems flag lots appropriate because of topographical or other conditions unique to the site. The access strip portions of a flag lot must be wide enough to permit the construction of a street with a right-of-way meeting the requirements of this chapter and shall not be used for building purposes.
(a) 
In granting permission to use flag lots, the Borough Council shall find:
[1] 
That the use of flag lots will not result in conditions which will cause increased interruptions to traffic flow, accident hazards and sedimentation and runoff problems onto public streets.
[2] 
That the use of an internal street system or marginal access streets on which lots would front will not be more appropriate for development of the tract than the use of flag lots.
[3] 
That the use of flag lots is necessary to permit utilization of a tract of ground, otherwise not feasible to utilize under the applicable standards for lots found in this chapter.
[4] 
No more than one flag lot shall be created from the original tract of land for each 10 lots created from the original tract of land which meet the requirements of this chapter for lot configuration.
[5] 
Should a flag lot be divided into two or more lots, the access strip shall be constructed into a street complying with the specifications of this chapter.
[6] 
All structures shall be located on the flag lot so as to provide the required setback should the access strip be used for construction of a street.
(7) 
Where an ultimate right-of-way line has been provided, all setbacks and lot areas shall be measured from such ultimate right-of-way line.
(8) 
Wherever feasible, lots shall be designed so that buildings can be constructed above street grade. Where this is not possible, the applicant shall indicate what measures are to be taken to assure proper drainage away from the buildings.
(9) 
When only a portion of a tract is designed at a time and there exists the potential for development of the remainder of the tract, lots shall be designed such that they do not restrict access to the remainder of the tract, do not unduly restrict the potential development of the remainder of the tract, nor result in the creation of awkward or difficult-to-develop parcels in the remainder of the tract.
(10) 
The maximum slope utilized when grading lots or streets along an adjoining tract of land not owned by the applicant shall be a three-to-one slope ratio of horizontal distance to vertical distance.
B. 
Lot frontage and access.
(1) 
All lots shall abut and have direct driveway access to an existing or proposed public street or private street meeting the requirements of this chapter.
(2) 
Reverse frontage lots shall be avoided except where required by the Borough Council to restrict access to existing streets or to overcome specific disadvantages of topography or orientation. All residential reverse frontage lots shall contain a landscape screen, fence, earth mounding, or similar screening device and barrier to vehicular access subject to Borough Council approval within the rear yard.
(3) 
Where access to land within a subdivision or land development will be solely by proposed roads within an adjoining municipality, the Borough Council may require assurance from the adjoining municipality that adequate provisions have been made to ensure construction of the proposed access roads.
(4) 
When the rear wall of a building will face a public street, the Borough Council may require a landscape screen, fence, earth mounding, or similar screening device subject to Borough Council approval between the building and the public street.
(5) 
After consideration of street speeds, traffic volumes, projected traffic generated at a proposed land use, and the location and arrangement of existing and proposed driveways and intersections, the Borough Council may require the applicant to install at his expense an acceleration or deceleration lane, or both, to serve a proposed driveway or street. If additional street right-of-way is required to construct the acceleration or deceleration lane, the additional right-of-way shall be provided by the applicant. When required by the Borough Council, the applicant shall furnish a study to the Borough which will provide the information necessary to permit the determination as to whether an acceleration or deceleration lane is required.
C. 
Lot size.
(1) 
The minimum lot size and width requirements set forth in Chapter 450, Zoning, of the Code of the Borough of Walnutport shall be met.
D. 
Off-street parking.
(1) 
Each proposed dwelling unit in a subdivision or land development shall meet the off-street parking requirements of Chapter 450, Zoning, of the Code of the Borough of Walnutport.
(a) 
In the case of single-family or two-family dwellings and townhouses with on-lot parking, such off-street parking spaces shall be provided behind the street right-of-way line and may be provided in an attached or separate garage, carport, or driveway. The spaces shall not be located within any clear sight triangle required by this chapter.
(b) 
In the case of multiple-family dwellings, such off-street parking spaces shall be provided in common parking areas located adjacent to, within or near the multiple-family dwellings. Spaces shall not be located within a street right-of-way nor within any clear sight triangle required by this chapter. The size of parking spaces and the width of aisles shall be in accordance with Chapter 450, Zoning, of the Code of the Borough of Walnutport. The grade of areas used for parking shall not exceed 6%. The grade of areas used only for access shall not exceed 10%.
(2) 
Nonresidential development shall meet the off-street parking requirements of Chapter 450, Zoning, of the Code of the Borough of Walnutport.
E. 
Driveways.
(1) 
Subdivisions and land developments shall be provided with internal streets to which the lots will have driveway access in order to minimize the number of driveway intersections with existing public streets. This reduction in driveway intersections will lessen interruptions to traffic flow and accident hazards and minimize sedimentation and runoff problems onto existing public streets. The Borough Council may require the use of common driveways for abutting lots. All driveways shall be paved with bituminous concrete, concrete or stone pavers.
(2) 
All driveways which provide access to arterial and collector streets, if such driveways are permitted by the Borough Council, shall be designed with turnaround areas so that cars will not back onto the arterial and collector streets.
(3) 
Provision shall be made at all intersections of driveways with streets to ensure adequate stormwater drainage and erosion and sediment control. The Borough Council may require subdivision and land development plans to show a typical treatment of the construction of driveways and handling of storm drainage where the driveways intersect a street. The Council may require as a condition to approval of a plan that prior to the issuance of zoning or building permits the specific proposals for the construction of a driveway and treatment of storm drainage and erosion and sediment control for that driveway be submitted to the Borough for approval.
(4) 
Driveway location.
(a) 
Driveways shall be placed at locations at which sight distance is adequate to safely allow each permitted movement to be made into or out of the driveways; such that the free movement of normal street traffic is not impaired; such that the driveways will not create a hazard; and such that the driveways will not create an area of undue traffic congestion on streets. Applicable safe sight distance as established in the regulations of the Pennsylvania Department of Transportation shall be provided.
(b) 
The Borough Council may require the driveway to a lot which abuts two or more streets to be restricted to that street which can more safely accommodate its traffic. The Borough Council may also require a driveway to be located directly across from a street or driveway on the opposite side of the street the driveway intersects if the Council judges that offset driveways will create a safety hazard.
(c) 
The Borough Council may require the permissible location of a driveway for a lot to be shown on the subdivision or land development plan, and further require that driveway locations be subject to approval of the Council.
(d) 
At driveway intersections with streets, an isosceles triangle shall be established for a distance of 20 feet at each side of the point of intersection of the cartway lines. Within such clear sight triangles, no vision-obstructing object shall be permitted which obscures vision above the height of 30 inches and below the height of 10 feet, measured from the center-line grades of the intersecting driveway and street.
(5) 
Entrances to driveways; size.
(a) 
Entrances to private driveways serving multiple-family dwellings shall be rounded at a minimum radius of 10 feet. The maximum radius shall be 30 feet.
(b) 
Entrances to private driveways serving one and two-family dwellings shall be rounded at a maximum radius of four feet eight inches; however, depressed curb may be used as provided for in Borough regulations, including Ordinance Nos. 86-2 and 90-7 and all subsequent amendments thereto.[1]
[1]
Editor's Note: See Ch. 390, Art. II, Construction and Repair of Sidewalks, Curbs and Driveway Entrances.
(c) 
For nonresidential driveways, the width, excluding radii, of driveways shall conform to the following:
Width of Driveways
Minimum
(feet)
Maximum
(feet)
One-way
12
24
Two-way
24
36
(d) 
Each lane provided shall be a minimum of 12 feet in width.
(e) 
The radius of the edge of the driveway apron shall be at least 15 feet and no more than 35 feet; however, depressed curb may be used as provided for in Borough regulations, including Ordinance No. 14-1972, as amended by Ordinance No. 13-1974, and all subsequent amendments thereto.
(6) 
The angle of a driveway as it intersects a street shall be such that a vehicle entering the driveway may do so in an orderly and safe manner with a minimum of interference to through street traffic and such that a vehicle leaving the driveway may enter safely into the lane of traffic moving in the desired direction. Driveways shall intersect streets as nearly as possible at right angles, and in no case at an angle of less than 75° or more than 105°; provided, however, that the Borough Council may permit the use of one-way driveways on a property, and such one-way driveways may intersect streets at an angle of not less than 45°.
(7) 
Private driveways shall have such grades as to furnish safe and convenient parking spaces and to provide a safe and convenient means of access. The grades and construction materials of driveways shall be such that the materials of the driveway will not wash onto public streets. The maximum permissible grade shall be 7% on all driveways, except that driveway grades shall not exceed 5% within 20 feet of street cartway lines. The area between the right-of-way line of the street and the cartway shall be paved. The Borough Council may require the applicant to submit with his subdivision or land development plans evidence that the above, and the other standards for driveways established in this section, can be met for each lot where doubt exists as to the feasibility of meeting the standards.
(8) 
The center line of entrances to private driveways serving one- and two-family dwellings shall be located at least 40 feet from the point of intersection of the nearest street cartway lines if only minor streets are involved, at least 80 feet if a collector street is involved, and at least 120 feet if an arterial street is involved. The center line of entrances to private driveways serving multiple-family dwellings or nonresidential buildings shall be located at least 60 feet from the point of intersection of the nearest street cartway lines if only minor streets are involved, at least 120 feet if a collector street is involved, and at least 160 feet if an arterial street is involved.
(9) 
The standards for driveway widths shall be as established in this chapter unless a more restrictive standard is established by other Borough regulations, in which case the more restrictive standard shall apply.
A. 
Each property shall connect to a public sanitary sewer system.
B. 
All sanitary sewer facilities shall conform in all respects to the requirements of the Pennsylvania Department of Environmental Protection and the Borough regulations.
C. 
Whenever approval by the Pennsylvania Department of Environmental Protection is required for the sanitary sewer system for a proposed subdivision or land development, the applicant shall submit a copy of such approval to the Borough prior to approval of the final plan.
D. 
New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
A. 
New subdivisions and land developments shall incorporate adequate provisions for a reliable, safe and adequate water supply to support intended uses within the capacity of available resources.
B. 
Each property shall connect to a public water supply.
C. 
All water supply and distribution facilities shall be constructed in full compliance with Pennsylvania Department of Environmental Protection specifications, and all ordinances, rules, and regulations of the Borough. Minimum water supply recognized by the Insurance Services Office shall be provided.
D. 
Applicants shall present evidence to the Borough Council at preliminary plan stage that the subdivision or land development is to be supplied by the Borough Water Department.
E. 
Whenever approval by the Pennsylvania Department of Environmental Protection is required for the water supply and distribution system for a proposed subdivision or land development, the applicant shall submit a copy of such approval to the Borough prior to approval of a final plan.
F. 
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.
A. 
Goal. It is the goal of Walnutport Borough to protect the health, safety and general welfare of Walnutport Borough residents by protecting the surface waters and groundwaters of the Borough through effective stormwater management and control of sedimentation and erosion, as provided in this section. Through effective stormwater management, negative impacts of inadequately managed land development can be minimized, including:
(1) 
Altered hydrology, including increased flooding and flood-related damage to general health and property.
(2) 
Lowering of the groundwater table.
(3) 
Physical stream impacts, including altered stream temperature.
(4) 
Aquatic biological impacts.
(5) 
Addition of nonpoint source pollutants to both surface and groundwaters.
B. 
Purpose. The purpose of comprehensive stormwater management in Walnutport Borough is to:
(1) 
Minimize both quantitative and qualitative stormwater impacts resulting from new land development, which would adversely affect the health, safety and welfare of all aspects of life in the Borough.
(2) 
Prevent significant increase in surface runoff volumes, predevelopment to postdevelopment, which would cause worsened flooding downstream in the watershed, erode stream banks, create other flood-related health-welfare-property losses and work to reduce runoff volumes to natural levels.
(3) 
Maintain the predevelopment water balance in watersheds and subwatersheds and work to restore natural hydrologic regimes wherever possible throughout the stream system.
(4) 
Maintain the predevelopment volume of groundwater recharge.
(5) 
Maintain predevelopment peak rates of discharge, site-by site, so as not to worsen flooding at adjacent downstream sites, and to work to restore peak runoff rates to natural levels.
(6) 
Minimize alteration of natural predevelopment drainage patterns into and out of basins and subbasins.
(7) 
Minimize nonpoint source pollutant loadings to ground and surface waters generally throughout Walnutport Borough.
(8) 
Minimize impacts on stream temperatures.
(9) 
Minimize aesthetic impacts.
(10) 
Minimize sinkhole potential.
(11) 
Maximize use of nonstructural stormwater management approaches, especially those which rely on natural processes, where appropriate.
C. 
Authority. Walnutport Borough is empowered to regulate new land development activities that affect stormwater runoff by the authority of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, as further amended by Act 209 of 1990 and Act 131 of 1992, 53 P.S. § 10101. Stormwater management is also enabled by Pennsylvania's Stormwater Management Act of 1978 (Act 167),[1] as well as the Pennsylvania Environmental Amendment.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
D. 
Applicability. These regulations apply to:
(1) 
All activities governed by this chapter.
(2) 
Construction of separate or additional impervious surfaces (driveways, parking lots, additions to buildings, etc.) exceeding 1,000 square feet.
(3) 
Outdoor storage, including storage of material (rock, soil, etc.) where ground contact exceeds 4,000 square feet or where material is placed either on slopes exceeding 8% floodplains, or in drainageways.
(4) 
Any other activities with adverse stormwater impacts which, in the opinion of the Borough, should be governed by these regulations.
(5) 
The management of stormwater on the site, both during and upon completion of the disturbances associated with the proposed subdivision or land development, shall be accomplished in accordance with the standards and criteria of this section. The design of any temporary or permanent facilities and structures and the utilization of any natural drainage systems shall be in full compliance with these terms and the interpretations of the Borough.
(6) 
At the time of application for a building permit for any approved lot created by a subdivision under terms of this section, issuance of the permit shall be considered to be conditioned upon adherence to the terms of this section.
E. 
Standards for stormwater management. All activities as listed in this section as specified above shall comply with provisions of this section:
(1) 
Permanent stormwater management standards.
(a) 
Standard 1.
[1] 
After installation of impervious cover, there shall be no increase in the volume of stormwater runoff being discharged from the site for up to the two-year frequency rainfall, predevelopment to postdevelopment, calculated using a methodology as described in this section.
[2] 
Applicants may request a partial waiver, where a portion of the Standard 1 volume requirement is set aside (i.e., volume control is achieved for a lesser storm such as the one-year storm or six-month storm). Or applicants may request a total waiver, where the entire Standard 1 volume requirement is set aside. The need for waivers of any type must be based on demonstration by the applicant that due to the existing soil, bedrock, water table or other natural conditions and limitations at the site, the Standard 1 volume requirement cannot be satisfied through use of reasonable best management practices, as defined in this section.
(b) 
Standard 2.
[1] 
After installation of impervious cover and assuming compliance with Standard 1 volume provisions (assuming no waiver), the peak rate of stormwater discharge from the site for all design storms up to and including a one-hundred-year design storm shall not exceed the peak rate of stormwater discharge from the site of the same storms before disturbance. Design storms include:
[a] 
Two- year.
[b] 
Ten-year.
[c] 
Twenty-five-year.
[d] 
Fifty-year.
[e] 
One-hundred-year.
[2] 
If a partial waiver has been issued but at least 50% of the two-year frequency rainfall volume requirement specified under Standard 1 is being met, these Standard 2 provisions also apply.
(c) 
Standard 3. In those cases where a total waiver from the Standard 1 volume requirement is issued or where a partial waiver is issued and less than 50% of the volume requirement specified under Standard 1 is being met, then the peak rate standards set forth under Standard 2 above are further modified, so that the postdevelopment peak-rate discharges from the site for two year storms and larger, up to the ten-year storm, must be equal to or less than the predevelopment peak rate of discharge for the two-year storm.
(d) 
Standard 4.
[1] 
Significant loadings of nonpoint source pollutants shall not be discharged into either surface or groundwater. If the total volume and peak rate standards above are met as in Standards 1 and 2 (including if a partial waiver for volume control is approved by the Borough, but at least 50% of the volume requirement specified in Standard 1 is met), then water quality impacts are assumed to be adequately controlled.
[2] 
If the requirements set forth in Standards 1 and 2 above cannot be achieved and a total waiver is issued or a partial waiver is issued where less than 50% of the volume requirement specified under Standard 1 is being met, then an additional water quality requirement must be met in order to guarantee that significant water quality impacts will not result from the proposed development action. A water-quality-oriented best management practice (BMP) designed to capture and treat stormwater generated for up to the one inch rainfall event must be employed. These BMPs include, but are not limited to:
[a] 
Constructed wetlands/wetland forebays.
[b] 
Retention ponds/extended detention ponds.
[c] 
Filters (sand-peat, underground sand, perimeter sand filter, organic sand, pocket sand filter, gravel).
[d] 
Grass channels.
[e] 
Dry swales.
[f] 
Wet swales.
[g] 
Other bioretention BMPs.
[h] 
Filter strips.
[3] 
BMP selection, design and implementation shall be based upon appropriate reference materials such as the Pennsylvania Handbook of Best Management Practices for Developing Areas, Design of Stormwater Filtering Systems and other manuals.
(e) 
Standard 5. Under special conditions, the Borough may impose the following additional restrictions on stormwater discharges:
[1] 
Peak discharge may be further restricted when the Borough believes that a probable risk to downstream structures or unique natural areas exists or that existing severe flooding problems could be further aggravated.
[2] 
Measures may be imposed to protect against ground or surface water pollution from significant pollutant-producing sources (so called "hotspots" such as industrial uses, gas stations, fast food and other commercial uses generating large numbers of vehicle trips and other uses at the determination of the Borough) and where the nature of the soils or bedrock underlying a stormwater management structure constitutes substantial risk of contamination, such as limestone formations. Special provisions which act to remove pollutant loadings (such as filtration devices like sand peat filters, multiple chamber catch basins and inlets, oil separators and others) may be required by the Borough.
[3] 
Where groundwater yields are very low or where a groundwater supply already is heavily used or where maintenance of downstream wetlands is of special concern, the Borough may require that the entire volume of the two-year storm postdevelopment be retained and infiltrated.
(2) 
Stormwater management calculation methods.
(a) 
The Soil Cover Complex (SCC) Method. The United States Department of Agriculture, Natural Resources Conservation Service (NRCS, formerly the Soil Conservation Service) Technical Release No. 55 (Second Edition, June 1986, or latest edition; hereafter referred to as "TR-55") Tabular Method Hydrograph is the preferred method for detention modeling. A variety of software packages are available which incorporate this method. The NRCS TR-20 and Penn State Runoff Model (PSRM) are also acceptable SCC models. Note that use of TR-55 with many of the natural system-based approaches and practices recommended by this section often requires that sites be subdivided into multiple subareas as necessary for TR-55 modeling.
[1] 
The rainfall values that apply for TR-55 calculations are as follows:
[a] 
Two year, twenty-four-hour storm of 3.00 inches of rainfall.
[b] 
Ten year, twenty-four-hour storm of 4.56 inches of rainfall.
[c] 
Twenty-five year, twenty-four-hour storm of 5.52 inches of rainfall.
[d] 
Fifty year, twenty-four-hour storm of 6.48 inches of rainfall.
[e] 
One-hundred-year, twenty-four-hour storm of 7.44 inches of rainfall.
[2] 
A Type H distribution storm shall be assumed.
[3] 
Runoff curve number (RCN) values shall be taken from TR-55 Tables 2-2a and 2-2b. Hydrologic Soil Group (HSG) information is provided in TR-55 Exhibit A-1.
[4] 
The following equation shall be applied to the two-year storm pre- and postdevelopment runoff volumes. The difference between the two volumes is the volume to be controlled under Stormwater Management Standard 1. Software routines for calculating basin volume typically provide a lower than actual volume difference and should not be used for this purpose.
Vr = 53.33Q(Am)
Where:
Vr
=
Runoff volume (acre-feet)
Q
=
Runoff (inches)
Am
=
Drainage area (mi2)
53.33
=
conversion factor from in-mi2 to acre-feet
(b) 
The Rational Method. The Rational Method is the preferred method for storm sewer and swale design calculations. For stormwater detention or volume calculations, the Universal Rational Method, which generates a hydrograph similar to the TR-55 hydrograph, must be used. An example of a computer program that develops an appropriate hydrograph is the Penn State Urban Hydrology Model (PSUHM) or Virginia Tech's updated version of this model (VTPSUHM). Use of the Rational Method for sizing peak-rate control detention facilities is restricted to drainage areas where surfaces are relatively uniform in nature and whose size is less than 5,000 square feet.
[1] 
Rainfall intensities shall be based upon the current Pennsylvania Department of Transportation Storm Intensity-Duration-Frequency Chart appropriate for the project area.
[2] 
The following runoff coefficients shall be used (see table below).
[3] 
The rational hydrograph method (RATHYD) contained within PSUHM and VT-PSUHM has a volume-estimating routine based on a double-parabolic-shaped outflow hydrograph. This routine can be manipulated to provide a calculation suitable for determining the two-year storm volume increase as required by Standard 1. The following is summarized from the RATHYD program help text: The parabolic outflow hydrograph is a concave up parabola from zero minutes to the time to peak (Tc) and concave down from the time to peak to the point of intersection with the inflow hydrograph, at which point the outflow also reaches its maximum rate. The program computes the area between the inflow and outflow curves at intervals equal to Tc. The outflow must be greater than the last inflow hydrograph ordinate; otherwise, the outflow hydrograph will never intersect the inflow hydrograph (an answer of unknown accuracy would be computed). See Appendix V.[2]
[2]
Editor's Note: Appendix V is included at the end of this chapter.
[4] 
The application of this routine to the volume requirement calculation shall be done as follows: Calculate an estimate of the hydrograph volume by selecting an outflow value that is 0.1 cfs larger than the last ordinate of the inflow hydrograph. Calculate this separately with both the two-year storm pre- and postdevelopment hydrographs, and then calculate the algebraic difference to compute the volume required to satisfy Standard 1.
(c) 
Other methods may be used with prior approval from the Borough.
(d) 
Predevelopment conditions shall be calculated using the following assumptions:
[1] 
Woodland shall be used as the prior condition for those portions of the site having wooded areas containing trees greater than six inches caliper DBH or where such trees existed within three years of application.
[2] 
Meadow shall be used for all other areas including areas of existing cultivation or impervious surface.
[3] 
Average antecedent moisture condition.
(e) 
Time of concentration calculations shall be submitted based upon current design methods outlined in TR-55. The sheet flow and shallow concentrated flow lengths used in the calculations shall be justified based on existing or proposed topography. The time of concentration flow paths (pre- and postdevelopment) shall be shown on the grading plan, and shall be representative of the drainage area. Overland flow (sheet flow) shall be calculated using the modified kinematic wave travel time equation from TR-55. The minimum predevelopment sheet flow length shall be assumed to be 150 feet, unless a shorter length can be justified. The maximum postdevelopment sheet flow length for unpaved surfaces shall be 100 feet for most situations (150 feet for areas that will remain undisturbed). Use of maximum flow lengths shall be justified, with all flow lengths subject to approval by the Borough. Designs involving the Rational Method are especially sensitive to overland flow time using this equation. Therefore, the maximum length of sheet flow for use in rational method calculations shall not exceed 50 feet.
(f) 
Special provisions for basins.
[1] 
Where basins are used, postdevelopment runoff hydrographs shall be routed through the proposed detention or retention basins using storage-indication procedures. The peak rate of runoff resulting from the summation of the basin discharge hydrograph(s) and the bypass hydrograph (or summation of peaks) shall not exceed the peak predevelopment rate of discharge. Note: Rational Method hydrographs of different Tc's shall not be added.
[2] 
Where applicable, postdevelopment time of concentration to a detention or retention basin shall be the time of concentration in the storm sewer system to its point of discharge into the basin. Overland flow from this discharge point to the outlet structure shall not be included in the time of concentration.
[3] 
When designing regional detention or retention basins for office parks, industrial parks, etc., the following design criteria shall be followed:
[a] 
Assumed impervious, lawn, etc., coverage areas shall be noted in the calculations for each proposed lot which will drain to the basin. Impervious coverage shall be assumed to be the maximum coverage allowed by Chapter 450, Zoning.
[b] 
A six-minute time of concentration shall be used to calculate the postdevelopment basin inflow hydrographs (five minutes for Rational Method). If a significant portion of the contributing drainage area will remain undeveloped, the inflow hydrograph may be derived by adding the undeveloped area hydrograph to the developed area hydrograph (based on a six-minute time of concentration).
[c] 
For lots which will have on-lot detention or retention basins, the following criteria shall also apply:
[i] 
The predevelopment time of concentration for the lot shall be the same as the predevelopment time of concentration for the entire predevelopment drainage area in which it is located.
[ii] 
The required predevelopment time of concentration and NRCS runoff curve number for each lot shall be noted on the recorded plan.
(3) 
Stormwater management standards during land disturbance. The Borough reserves the right to require installation of appropriate construction phase staging areas for construction and related vehicle parking in order to prevent sedimentation and erosion problems resulting from vehicle movements onto and off of the site. Different techniques including paved staging areas and sediment removal devices may be required, depending upon the development site and its impacts.
(4) 
The Riparian Buffer Area (RBA). Areas immediately adjacent to the Borough's perennial streams and waterways as mapped on U.S. Geological Survey 1:24,000 scale quadrangle maps are defined as the Riparian Buffer Area (RBA). In the RBA, special requirements as set forth in this section apply in order to maintain important natural functions. These RBA requirements are based on both the heightened sensitivity of the RBA zone and the potential to negatively impact the stream system when this RBA zone is disturbed, as well as the potential of this RBA zone to mitigate to the maximum extent the negative effects of development in areas adjacent to the stream system. The RBA includes three subzones, Zones 1 through 3, extending landward from the top of the streambank where different requirements are imposed:
(a) 
Zone 1, a minimum twenty-five-foot setback zone, plus wetlands, measured from the top of the bank of the water body, as reviewed and approved by the Borough, where no disturbance of vegetation and soil except for restoration and or reforestation shall occur, in order to shade the stream with natural vegetation, to provide a source of numerous other organic inputs to the aquatic system, to anchor the streambank and floodplain area and to consume and otherwise remove nitrogen, sediment and other substances which can adversely affect stream systems. Where prohibitive slopes (25+%) are located within 35 feet of a watercourse, Zone 1 shall extend the entire distance of this sloped area.
(b) 
Zone 2, a one-hundred-foot managed buffer zone, extending outward from Zone 1 (for a total of 125 feet), where disturbance of natural vegetative cover shall be limited to selective logging, not to exceed 25%, and other activities which minimally disrupt existing tree cover and soil mantle, in order to maximize filtering and overall physical removal of particulate-form pollutants from runoff generated upgradient and to promote subsurface vegetative uptake of nitrogen and other non-particulate elements from stormwater generated upgradient.
[1] 
In cases where Zone 1 extends beyond 25 feet due to the presence of prohibitive slopes, the width of Zone 2 shall be adjusted so that the full riparian buffer equals a total width of 125 feet.
[2] 
Where the Zone 2 riparian buffer is not wooded, it shall be maintained as a filter strip of dense grass and forbs or other features to provide sediment filtering, nutrient uptake, and convert concentrated flow to uniform, shallow, sheet flow. When a subdivision or land development is proposed where there is no established vegetated or wooded buffer (such as in areas previously cultivated for agriculture) a one-hundred-twenty-foot riparian buffer shall be established and maintained in accordance with the following guidelines:
[a] 
Forested and unforested vegetation shall be established through natural succession. Selective planting shall be incorporated on sites devoid of vegetation to stimulate native species and discourage invasive species.
[b] 
Plant selection and planting shall be consistent with Northampton County Conservation District, PADEP or USDA riparian forested buffer guidance.
[3] 
Zone 3, a zone of varying width extending outward from Zone 2. Zone 3 is defined in those cases where upslope areas adjacent to the RBA are being disturbed during the land development process and where direct discharge of stormwater would otherwise occur. Zone 3 is intended to include level spreading or similar devices as necessary to ensure that any direct discharge flows are properly distributed as sheet flow and channelization and point source discharges are avoided. Zone 3 shall include a minimum twenty-five-foot setback from impervious surfaces.
[4] 
The RBA may be included in net density calculations with uses permitted in Chapter 450, Zoning, of the Code of the Borough of Walnutport, unless this RBA is required to be subtracted out as the result of other applicable regulations in Chapter 450, Zoning, such as regulation of the floodplain.
[5] 
An RBA adjacent to "high quality waters" and "exceptional value waters" designated under the Pennsylvania Department of Environmental Protection, Chapter 93, Rules and Regulations, shall be subject to the provisions of the Pennsylvania Department of Environmental Protection, Special Protection Waters Implementation Handbook, and its amendments.
(5) 
Riparian buffer zones shall be restricted to the following uses:
(a) 
Zone 1 (very restricted). Flood control, utility rights-of-way, pervious footpaths.
(b) 
Zone 2 (restricted). Pervious, passive recreational uses, natural stormwater BMPs, pervious bike paths, tree removal by permit.
(c) 
Zone 3 (limited restrictions). Residential uses, including lawn, sheds (or similar structures) less than 150 square feet, garden, compost, yard wastes, nonstructural stormwater BMPs.
(6) 
Riparian buffers shall be preserved or restored with native vegetation that can be maintained through the delineation, plan review, construction, and occupancy stages of development.
(7) 
The applicant shall submit designs for water quality facilities to the Borough Engineer for review and approval. Such designs may achieve the water quality objectives through a combination of BMPs. The design and selection of water quality facilities shall follow the Maryland Stormwater Design Manual, Maryland Department of the Environment (http://www.mde.state.md.us/programs/Water/StormwaterManagementProgram/ MarylandStormwaterDesignManual/Pages/), latest ed. or other design manuals approved by the Borough.
(8) 
In selecting the appropriate BMPs or combinations thereof, the applicant shall consider the following:
(a) 
Total contributing area.
(b) 
Permeability and infiltration rate of the site soils.
(c) 
Slope and depth to bedrock.
(d) 
Seasonal high water table.
(e) 
Proximity to building foundations and wellheads.
(f) 
Erodibility of soils.
(g) 
Land availability and configuration of the topography.
(h) 
Consistency with approved watershed and stormwater management plans or regulations.
(i) 
Impact on neighboring and downstream properties and facilities.
(9) 
The following additional factors should be considered when evaluating the suitability of BMPs used to control water quality at a given development site:
(a) 
Peak discharge and required volume control.
(b) 
Streambank erosion.
(c) 
Efficiency of the BMPs to mitigate potential water quality problems.
(d) 
The volume of runoff that will be effectively treated.
(e) 
The nature of the pollutant being removed.
(f) 
Maintenance requirements.
(g) 
Creation/protection of aquatic and wildlife habitat.
(h) 
Recreational value.
(i) 
Enhancement of aesthetic and property value.
(j) 
Impact on neighboring and downstream properties and facilities.
(10) 
Any stormwater management facility (i.e., detention basin) designed to store runoff and requiring a berm or earthen embankment required or regulated by this chapter shall be designed to provide an emergency spillway to handle flow up to and including the one-hundred-year postdevelopment conditions. The height of the embankment must be set so as to provide a minimum one foot of freeboard above the maximum pool elevation computed when the facility functions for the one-hundred-year postdevelopment inflow. Should any stormwater management facility require a dam safety permit under PADEP Chapter 105, the facility shall be designed in accordance with Chapter 105 and meet the regulations of Chapter 105 concerning dam safety which may be required to pass storms larger than the one-hundred-year event. Any inspections of this dam required by any regulatory agency shall be prepared by competent consultants and at the cost of the maintainer of the facility.
(11) 
Any facilities that constitute water obstructions (e.g., culverts, bridges, outfalls, or stream enclosures) and any work involving wetlands as directed in PADEP Chapter 105 regulations (as amended or replaced from time to time by PADEP) shall be designed in accordance with Chapter 105 and will require a permit from PADEP. Any other drainage conveyance facility that does not fall under Chapter 105 regulations shall be designed to convey, without damage to the drainage structure or roadway, runoff from a minimum twenty-five-year design storm. The Borough may require design based on a larger storm event. Any facility that constitutes a dam as defined in PADEP Chapter 105 regulations may require a permit under dam safety regulations. Any facility located within a PennDOT right-of-way must meet PennDOT minimum design standards and permit submission requirements. If the primary drainage facilities do not have capacity for future flows, then a safe drainage path must be provided to convey up to the one-hundred-year design storm (without impacting structures).
(12) 
Storm sewers must be able to convey postdevelopment runoff from a minimum twenty-five-year design storm without surcharging inlets.
(13) 
Adequate erosion protection shall be provided along all open channels and at all points of discharge.
(14) 
The design of all stormwater management facilities shall incorporate sound engineering principles and practices. The Borough shall reserve the right to disapprove any design that would result in the occurrence or continuation of an adverse hydrologic or hydraulic condition within the watershed.
(15) 
Stormwater drainage systems shall be provided in order to permit unimpeded flow along natural watercourses except as modified by stormwater management facilities or open channels consistent with this chapter.
(16) 
Areas of existing diffused drainage discharge shall be subject to any applicable discharge criteria in the general direction of existing discharge, whether proposed to be concentrated or maintained as diffused drainage areas, except as otherwise provided by this chapter. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the applicant must document to the Borough in accordance with Subsection E(17) of this section that adequate downstream conveyance exists to safely transport the concentrated discharge, or the applicant must obtain drainage easements from affected downstream property owners and provide the facilities to safely convey the flow.
(17) 
Downstream hydraulic capacity analysis. Any downstream capacity hydraulic analysis conducted in accordance with this chapter shall use the following criteria for determining adequacy for accepting increased peak flow rates:
(a) 
Natural or man-made channels or swales must be able to convey the increased runoff associated with a two-year return period event within their banks at velocities consistent with protection of the channels from erosion. Acceptable velocities shall be based upon criteria included in the PADEP Erosion and Sediment Pollution Control Program Manual.
(b) 
Natural or man-made channels or swales must be able to convey the increased twenty-five-year return period runoff without creating any hazard or adverse effects to adjacent or downstream persons or property.
(c) 
Culverts, bridges, storm sewers, or any other facilities which must pass or convey flows from the tributary area must be designed in accordance with PADEP, Chapter 105 regulations (if applicable) and, at a minimum, pass the increased twenty-five-year return period runoff.
(18) 
Where a development site is traversed by watercourses, riparian buffers shall be provided conforming to the line of such watercourses. The width of the buffers shall be determined as set forth in Subsection E(4) of this section. Excavating, placing of fill, building structures, or making any alterations that may adversely affect the flow of stormwater within any portion of the riparian buffer shall be prohibited unless the proposed work is associated with a regulated wetlands mitigation program. The buffer must be defined and restricted by a restrictive covenant.
(19) 
When it can be shown that, due to topographic conditions, natural drainageways on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainageways. Work within natural drainageways shall be subject to approval by PADEP through the joint permit application process, or, where deemed appropriate by PADEP, through the general permit process.
(20) 
Any stormwater management facilities regulated by this chapter that would be located in or adjacent to waters of the commonwealth or wetlands shall be subject to approval by the PADEP through the joint permit application process, or, where deemed appropriate by PADEP, the general permit process. When there is a question as to whether wetlands may be involved, it is the responsibility of the applicant or his agent to show that the land in question cannot be classified as wetlands; otherwise, approval to work in the area must be obtained from PADEP.
(21) 
Any stormwater management facilities regulated by this chapter that would be located on or flow into state highway rights-of-way or stormwater systems shall be subject to approval by PennDOT.
(22) 
Minimization of impervious surfaces and infiltration of runoff through seepage beds, infiltration trenches, etc. are required, where soil conditions permit, to reduce the size or eliminate the need for detention facilities.
(23) 
In order to promote overland flow and infiltration/percolation of stormwater, roof drains must discharge into an accepted BMP providing infiltration and filtering of the stormwater.
A. 
Subdivisions and land developments shall be designed to preserve natural features such as trees greater than one foot in diameter, watercourses, rock outcroppings, wooded areas, natural watercourses and bodies of water.
B. 
Topsoil shall not be removed from the subdivision site nor used as structural fill without the permission of the Borough Council. Topsoil may be removed from areas of earthmoving activity, but shall be stored elsewhere within the subdivision or land development and stabilized to minimize erosion. Upon completion of construction, the topsoil shall be redistributed on the site.
C. 
Street and lot designs of tracts shall be such to minimize alterations of the natural landscape.
A. 
Floodplains shall be calculated using the method established in Appendix IV of this chapter and shown on all subdivision and land development plans. The floodplain controls established within Borough ordinances shall be applied to those floodplains.
B. 
The Borough Council may require that vehicular access be provided to each dwelling unit within a subdivision or land development over a street or other approved means of access which is elevated above the level of the one-hundred-year flood.
C. 
The following controls shall apply to the floodplains:
(1) 
No watercourse shall be altered or relocated unless approved by the Borough Council and, where applicable, the Pennsylvania Department of Environmental Protection, Bureau of Dams and Waterway Management, and FEMA.
(2) 
No watercourse shall be altered or relocated unless the person proposing the alteration or relocation submits calculations assuring that the flood-carrying capacity within the altered or relocated portion of the watercourse shall be designed to be not less than the flood-carrying capacity of the watercourse prior to the proposed alteration or relocation.
(3) 
No encroachment shall be made on a floodplain or watercourse which will increase flood levels within the Borough during the occurrence of the one-hundred-year flood discharge. With any proposal for an encroachment, calculations which will indicate compliance with this requirement shall be submitted to the Borough. All encroachments are subject to Borough Council approval. Encroachments into the one-hundred-year floodway must be reviewed and approved by the Pennsylvania Department of Environmental Protection and FEMA.
(4) 
The placement of all structures within the floodway as shown on current FEMA maps of the Borough of Walnutport is prohibited.
(5) 
No construction or development shall be permitted within the floodplain without approval from the U.S. Corps of Engineers and the Pennsylvania Department of Environmental Protection.
A. 
Easements shall be provided for electric, telephone, and television cables, wires and conduits, storm and sanitary sewers, drainage swales, gas, water and heat mains and other utility lines. No structures shall be placed within such easements. No trees or shrubs shall be placed within easements unless approved by the Borough Council. The Borough and local utility companies shall be consulted when locating utilities and easements, and all utilities and easements shall be located in accordance with their standards.
B. 
Easements abutting street rights-of-way shall be a minimum of 10 feet in width. Other easements shall be a minimum of 20 feet in width.
C. 
There shall be a minimum distance of 50 feet, measured in the shortest distance, between any proposed dwelling unit and any petroleum products or natural gas transmission line which traverses the subdivision or land development.
D. 
Where placement or replacement of gas or petroleum transmission lines are a part of the proposed development, either proposed or requiring relocation, construction of the transmission line shall occur within an easement of 50 feet minimum and shall comply with the applicable requirements of the Pennsylvania Public Utilities Commission. When possible and feasible, all utilities shall be underground and installed under the supervision of the Borough Engineer or the Borough.
E. 
Underground electric distribution lines shall be installed in all new subdivisions and land developments of more than three dwelling units. In existing subdivisions with four or more unimproved lots, any extensions of the electric distribution lines shall be placed underground.
F. 
All telephone and television distribution lines shall be placed underground when electric distribution lines are placed underground.
G. 
When required by the Borough Council, the location of utility easements shall be marked in the field.
All subdivisions and land developments shall be designed to meet the requirements of Chapter 450, Zoning, of the Code of the Borough of Walnutport, except as may be otherwise provided in this chapter.
A. 
The location and number of access points to a subdivision or land development shall be adequate for and appropriate to the size and nature of the development and surrounding roads and land uses.
B. 
All subdivisions and land developments containing more than 20 dwelling units shall have at least two means of ingress and egress via streets or access drives meeting the design and construction standards of the Borough.
C. 
For all subdivisions and land developments for which only one means of ingress and egress is proposed, the Borough Council may require, where deemed necessary in the public interest and for the public safety, the provision of additional street or access drive meeting Borough standards or the provision of an alternate means of ingress and egress, meeting Borough standards which could be used by emergency vehicles. Such alternate means of ingress and egress shall be of such width, and improved to such an extent to be usable by emergency vehicles, and shall not be used for structures, trees, or similar obstructions.
A. 
Purpose. All residential subdivisions and land developments shall provide for suitable and adequate recreation in order to ensure adequate recreational areas and facilities to serve the future residents of the subdivision or land development and insure that all future Borough residents have the opportunity to engage in a variety of recreational activities.
B. 
Requirements for reservation of recreation areas.
(1) 
In a proposed subdivision creating five or more new dwelling units, the general policy of the Borough Council shall be to require suitable and adequate recreational areas and facilities to serve the future residents of the subdivision or land development and ensure that all future Borough residents have the opportunity to engage in a variety of recreational activities.
(2) 
The applicant shall provide the recreation areas pursuant to a plan approved by the Borough Council, in accordance with the schedule below:
Gross Density of Tract in Dwelling Units Per Acre
Percentage of Total Area of Subdivision or Land Development to be Reserved for Recreation Areas
Up to 1.0
5%
1.01 to 2.0
8%
2.01 to 3.0
12%
3.01 to 4.0
15%
4.01 to 5.0
20%
5.01 and greater
25%
(3) 
In lieu of reserving areas for recreation, and upon agreement between the Borough Council and the applicant, the applicant shall pay the Borough an amount as determined from time to time by resolution of Borough Council for each lot and/or dwelling unit.
C. 
Standards for fees in lieu of land. In a proposed subdivision to contain fewer than 10 new dwelling units, the general policy of the Council shall be to strongly encourage a fee in lieu of the minimum acreage otherwise required, to help the Borough defray the eventual costs of providing public open space and recreational facilities to serve the residents of the community.
(1) 
Where a fee is to be contributed in lien of the set-aside of land for open space, such fee shall be required to be paid for each new lot or dwelling unit created through subdivision or land development.
(2) 
The amount of the fee shall be as established by resolution of the Borough Council and as adjusted from time to time. Criteria for establishing the amount shall be based on the findings of the Borough Council and shall bear a direct relationship to the projected financial need of the Borough for community-serving recreational lands and facilities. Factors shall include:
(a) 
Plans and associated costs for creating or improving community or neighborhood parks, as identified in the Comprehensive Plan and amendments thereto;
(b) 
The timing, status, and planned dates of accomplishment of parkland acquisition or recreational facility improvements in relation to the timing of the subdivision or land development application submission;
(c) 
The level of future population growth projected for Walnutport Borough;
(d) 
The proportion of funding support for future parkland and recreational facilities deemed appropriate for future residents to contribute.
(3) 
Where a fee in lieu of land is to be paid, in accordance with the terms of this section, a note shall be placed on the final plan prepared for recording, stipulating the amount of the fee, as established by Borough resolution, and the means and timing of payment, consistent with the terms of this section.
(4) 
For any subdivision containing five or more lots, the full amount of the fee shall be placed in escrow, or otherwise secured in a manner deemed acceptable under the terms of this chapter, as a condition of final plan approval by the Council. Actual payment of the fee for any lot shall be made at one of the following points, whichever shall occur first:
(a) 
At the time of conveyance of the lot;
(b) 
At the time of application for a building permit; or
(c) 
At the time any public improvements are offered for dedication.
(5) 
Notwithstanding the terms established hereinabove, the Borough Council may, as it deems appropriate in individual cases, agree to terms for the collection of the required fee at a point or points subsequent to those stipulated in the above subsections.
(6) 
All fees received pursuant to this section shall be placed in a Special Capital Reserve Fund for Open Space and Recreation, the purpose of which shall be to hold, invest, and disburse such monies. Disbursements from this fund shall be made from time to time as the Council shall deem appropriate, only in connection with the planning, purchase, improvement, replacement, and addition to Borough lands for use as open space, conservation, recreation, and education for the benefit of the citizens of the community as provided for in the Borough Code, or other applicable rules, regulations, or statutes. All sums received for and deposited in the Open Space and Recreation Fund shall be held, invested, and reinvested in the same manner as other funds of the Borough, but shall not be considered part of the general revenues of the Borough.
D. 
General standards for recreation areas reserved by the applicant.
(1) 
Land shall be suitable to serve the purpose of active recreation by reason of its size, shape, location, and topography and shall be subject to the approval of the Borough Council. Examples of active recreation areas are athletic fields and hard-surfaced courts, pools, open turf areas, and apparatus areas.
(2) 
Land shall be easily and safely accessible from all areas of the development to be served and have suitable ingress and egress from a public roadway for maintenance equipment. However, no public roadways shall traverse the site(s).
(3) 
Land shall be contiguous and regular in shape.
(4) 
Land shall have suitable topography and soil conditions for use and development as a recreation area.
(5) 
At least 75% of the reserved area shall have a slope of 7% or less.
(6) 
No more than 25% of the reserved area may be within floodplain or wetland areas.
(7) 
Land shall be easily accessible to all essential utilities.
(8) 
Land shall be suitable for development as a particular type of active recreation facility, as categorized by the National Recreation and Park Association's National Park Recreation and Open Space Standards and Guidelines, 1983, as amended.
(9) 
Land shall be designed and developed according to the standards established by the National Recreation and Park Association upon agreement between the Borough Council and the applicant.
E. 
Schedule for completion of recreation areas.
(1) 
All recreation areas shall be completely developed in accordance with a schedule approved by the Borough Council, but in all cases before occupancy of 56% of the proposed number of dwellings has been reached in the applicable subdivision or land development.
(2) 
Recreation area shall be improved and equipped to a usable state in accordance with plans to be approved by the Borough Council. Such improvement and equipping shall be guaranteed through the subdivision improvements agreement.
F. 
Development of recreation facilities.
(1) 
Applicants shall develop the recreation areas, according to the National Park Recreation, and Open Space Standards and Guidelines published by the National Recreation and Park Association in 1996 and any succeeding updates or revisions. Specific facilities to be constructed shall conform to the previously referenced standards. Designs of recreation areas shall be reviewed by the Borough Planning Commission and Borough Recreation and Park Board and approved by the Borough Council.
(2) 
The size, surface conditions, shape, topography and location of the land shall be suitable for the intended recreational purpose, and be such that recreational use is feasible.
A. 
Provision shall be made in developments containing apartments and townhouses and in nonresidential developments to adequately store within containers all solid waste generated between collections.
B. 
All storage containers shall be located to permit efficient depositing of wastes in the containers and efficient collection from the containers.
C. 
Debris, rubbish, or other waste material resulting from grading or construction activities on the lot shall be removed from the lot prior to the issuance of a certificate of use and occupancy for the lot. No debris, rubbish, or waste material shall remain within the area of an improvement covered by a performance guarantee upon expiration of the guarantee or completion of the improvements, whichever is sooner.
A. 
When maximal provision is to be made for the use of solar energy by structures, in general, streets toward which buildings are to be oriented should run in an east-west direction.
B. 
Section 395-35A(2) indicates that side lot lines shall be at right angles to straight street lines and radial to curved street lines. The Borough Council may allow variation from this requirement where provision is to be made for maximal use of solar energy, in which case side lot lines generally may run from due north to due south or with slight variation east or west of this axis.
(1) 
When lot lines will not be provided, consideration should be given to orienting buildings to maximize solar access. Generally, buildings should be located with their long axes running east to west, though in some high-density or townhouse developments, a north-south orientation for the long axes may be desirable.
(2) 
Consideration should be given to locating structures and open spaces such that buildings will not cast shadows on other buildings.
C. 
Consideration should be given to reserving solar easements within lots for protection of solar access.
A. 
Purpose. The intent of the provisions in this section is to minimize the off-site impact of lighting while providing for lighting that is sufficient for safe use of a property, and to:
(1) 
Provide adequate lighting in outdoor public places where public health, safety and welfare are potential concerns;
(2) 
Protect drivers and pedestrian from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse;
(3) 
Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources; and
(4) 
Provide outdoor lighting in a manner consistent with the Borough goal of retaining small-town character.
B. 
Applicability.
(1) 
Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse, including but not limited to the following:
(a) 
Parking areas of multifamily, commercial, and industrial uses.
(b) 
Loading facilities for commercial and industrial uses.
(c) 
At the ingress and egress of parking areas for multifamily, commercial, and industrial parking areas.
(d) 
At street intersections.
(e) 
The Borough Council may require lighting to be incorporated for other uses or locations where personal security and safety reasons warrant, and as they deem necessary to further public health, safety, and welfare.
(2) 
The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, landscaping, and residential lighting.
C. 
Criteria.
(1) 
Illumination levels. Lighting, where required by this chapter, shall have intensities and uniformity ratios in accordance with but not limited to the following examples:
Use/Task
Maintained Footcandles
Uniformity Average Minimum
(a)
Streets, local residential
0.4 average
6:1
(b)
Streets, local commercial
0.9 average
6:1
(c)
Parking, residential, multifamily
Low vehicular/pedestrian activity
0.2 minimum
4:1
Medium vehicular/pedestrian activity
(d)
Parking, industrial/commercial/ institutional/municipal
0.6 minimum
4:1
High activity, e.g., regional shopping centers/fast-food facilities, major athletic/civic/cultural/ recreational events
0.9 minimum
4:1
Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events
0.6 minimum
4:1
Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking
0.2 minimum
4:1
(e)
Sidewalks, walkways and bikeways
0.5 average
5:1
(f)
Building entrances, commercial, industrial, institutional
5.0 average
n/a
NOTES:
Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ration (e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 [0.9 x 4]).
(2) 
Lighting fixture design. The following factors shall be considered when choosing the appropriate lighting fixture design:
(a) 
Fixtures shall be of a type and design appropriate to the lighting application.
(b) 
Fixtures shall be equipped with or be capable of being modified to incorporate light directing, shielding devices, or both, such as shields, visors or hoods when necessary to redirect offending light distribution or reduce direct or reflected glare.
(3) 
Control of glare.
(a) 
All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (i.e., disabling glare) and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property (i.e., nuisance glare).
(b) 
Floodlights and spotlights shall be so installed and aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.
(c) 
Unless otherwise permitted by the Borough (e.g., for safety, security, or all-night operations), lighting shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photocells, to permit extinguishing offending sources between 11:00 p.m. and dawn to mitigate nuisance glare and sky lighting consequences.
(d) 
Lighting proposed for use after 11:00 p.m., or after the normal hours of operation for commercial, industrial, institutional, or municipal applications, shall be reduced by 75% from 11:00 p.m. until dawn, unless needed for a specific purpose.
(e) 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(f) 
Externally illuminated signs and billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11:00 p.m. and dawn, except as specifically approved by the Borough to illuminate necessary directional information.
(g) 
Directional fixtures used for architectural lighting (e.g., facade, fountain, feature and landscape lighting), shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 11:00 p.m. and dawn.
(h) 
Service station canopy lighting shall be accomplished using flat-lens full-cutoff downlighting fixtures, shielded in such a manner that the edge of the fixture shield shall be level with or below the light source envelope.
(i) 
The use of white strobe lighting for tall structures such as smokestacks, chimneys, and communications towers is prohibited, except as otherwise required under Federal Aviation Administration regulations.
D. 
Residential streetlighting fixture placement. Where required, streetlighting fixtures in residential developments shall be placed at the following locations:
(1) 
At the intersection of public roads with entrance roads to the proposed development.
(2) 
Intersections involving proposed public or non-public primary distributor streets within the proposed development.
E. 
Plan submission.
(1) 
In all commercial and industrial districts, lighting plans shall be submitted to the Borough for review and approval with applications for conditional use or special exceptions, preliminary or final subdivision, or land development plans, or variance applications. In addition, the Zoning Officer may require the submission of a lighting plan with any building permit application for other than single-family residential use. The required lighting plans shall include the following information:
(a) 
A site plan containing a layout of the proposed fixture locations by location and type. The site plan shall also include, as applicable, structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting.
(b) 
Footcandle plots for individual fixture installations and ten-foot-by-ten-foot illuminance grid plots for multi-fixture installations, which demonstrate compliance with the intensity and uniformity requirements set forth in this chapter.
(c) 
Description of the proposed equipment, including fixture catalog cuts, photometrics, glare-reduction devices, lamps, control devices, mounting heights, pole foundation details, and mounting methods proposed.
(2) 
When requested by the Borough, the applicant shall submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare.
(3) 
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Borough for review and approval.
(4) 
When necessary, the Borough may retain the services of a qualified lighting engineer to review proposed lighting plans.
The following standards are hereby established to create a transition between potentially incompatible land uses and to reduce conflicts between these uses.
A. 
Applicability. Buffer areas shall be located between uses defined by this section and shall be required in addition to the landscaping requirements of this section. Buffer areas shall be classified as Class A, B, C or D buffer, and shall be required between the following uses (inclusive of on-site parking and loading/unloading areas):
(1) 
Class A buffer. Any development consisting of 10 or more multifamily dwelling units, single-family attached dwelling units (townhouses), or mobile home parks adjoining any residentially zoned district, or residential use, shall provide a Class A buffer.
(2) 
Class B buffer. Any commercial use, office use, institutional use, or any off-street parking facility that is the principal use of a lot, adjoining any residentially zoned district or residential use shall provide a Class B buffer.
(3) 
Class C buffer. Any industrial use, unless otherwise specified in this chapter, outdoor storage areas, utility uses, or agricultural uses, adjoining any residentially zoned district or residential use shall provide a Class C buffer.
(4) 
Class D buffer. A junkyard, recycling center or similar intensive uses shall provide a Class D buffer between fencing and the street line and along all property lines.
(5) 
Other uses determined to be potential conflicts shall provide the buffer class specified by the Borough Council, upon recommendation by the Planning Commission.
B. 
Buffer class standards. After determining the required buffer class, the applicant shell select an appropriate planting option listed below. Plantings are not required to be aligned on property or right-of-way boundaries; rather, the applicant is encouraged to site plantings as necessary to achieve the optimal screening level. Plant materials shall be selected from the plant materials list in Appendix VI.[1]
(1) 
Class A. One canopy tree every 30 feet, plus one evergreen every 40 feet of boundary; or one canopy tree every 60 feet, plus one flowering tree every 40 feet, plus one evergreen every 40 feet of boundary.
(2) 
Class B. One evergreen every 20 feet, and one flowering tree every 40 feet of boundary; or one canopy tree every 40 feet, and one evergreen tree every 30 feet plus one flowering tree every 60 feet of boundary.
(3) 
Class C. One evergreen every 20 feet, plus one berm four feet high; or six-foot high cedar or spruce fencing with one flowering or evergreen tree every 20 feet of boundary.
(4) 
Class D. In addition to required fencing of at least six feet in height, the following plantings shall be provided between the fence and street or property line: one canopy or flowering tree at an average of one tree every 30 feet, plus one evergreen tree at an average of one tree every 20 feet; or one evergreen tree at an average of one tree every 20 feet, plus one shrub every five feet. The Class D buffer yard width shall be the setback specified for the required fence for the individual use in Article X, Supplemental Regulations.
[1]
Editor's Note: Appendix VI is included at the end of this chapter.
C. 
Plant materials.
(1) 
Each plant option listed in Subsection B, above, may use any of the plant materials listed in Appendix VI.[2] Minimum plant size shall be as indicated in Appendix VI. The use of native plant species, as indicated in Appendix VI, is strongly encouraged. For reasons of permanency and resistance, a mixing of two or more varying plant materials shall be required in meeting the requirements of this section. Borough Council, upon recommendation by the Planning Commission, may permit other plant types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed in Appendix VI. All planting materials shall meet the standards of the American Association of Nurserymen.
[2]
Editor's Note: Appendix VI is included at the end of this chapter.
(2) 
Where it is determined that, due to topography or other factors, the buffer classes prescribed in Subsection B, above, do not alone provide an adequate buffer between adjoining incompatible uses, the planting shall be placed upon a berm at a height of three feet to five feet to increase its effectiveness.
(3) 
Existing plantings, woodlands, hedgerows, topography, or man-made structures can reduce or eliminate the buffering requirements if they partially or completely achieve the same level of screening as the planting requirements outlined in this section. This determination shall be made at the discretion of the Borough Council, upon recommendation by the Planning Commission.
(4) 
Existing trees within the required buffer yard greater than three inches in caliper or greater than eight feet in height shall be preserved to the extent feasible. Such trees may be counted towards required plant materials, as determined by the Borough Council, upon recommendation by the Planning Commission.
(5) 
Required plantings for buffering chosen shall not interfere with preexisting overhead wiring or other preexisting overhead permanent structures.
D. 
General buffering requirements.
(1) 
Buffer yards shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
(2) 
Planting in the buffer area shall be installed and thereafter maintained by the property owner. Required buffer plantings shall not be removed without the prior approval of the Borough. If such plantings are removed, the Borough may require that they be replaced, in kind, at the expense of the property owner.
(3) 
The locations, dimensions, and spacing of required plantings shall be adequate for their proper growth and maintenance, considering sizes of such plantings at maturity and their present and future environmental requirements, such as soil, pH, moisture, and sunlight. The buffer planting shall be so placed that, at maturity, vegetation extends not closer than 1 1/2 feet from any street right-of-way.
(4) 
A clear sight triangle, in accordance with this chapter, shall be maintained at all street intersections and at all points where private accessways intersect public streets.
(5) 
No structures may be placed within the buffer area and no manufacturing or processing activity or storage of materials shall be permitted, except for the following:
(a) 
Landscaped treatments, such as berms, fences or walls which aid in screening and do not conflict with the character of adjoining properties, including drainage, light, and air flow, or block clear sight distance required at intersections.
(b) 
Structures relating to and used for landscaping, such as tree wells, tree guards, tree grates and retaining walls to preserve stands or specimens of existing trees or used for other functional purposes.
(c) 
Roads which provide direct ingress/egress for the tract or lot, including appurtenant structures within road rights-of-way, such as curbs, sidewalks, signs, lighting or benches.
(d) 
Underground utilities.
(6) 
Mechanical equipment, storage structures, garbage and waste disposal facilities, and similar facilities shall be fully screened from view from adjacent streets or residential districts or uses, through the use of fences or buffering planting materials.
(7) 
The applicant is encouraged to install buffer plantings in naturalistic groupings rather than in linear strips, if a satisfactory buffer can be achieved.
(8) 
Where buffering is required, a landscape plan for the new use or development shall be submitted to the Borough which displays all proposed plantings required to buffer the use or development and how the requirements of this section have been achieved on that property for that particular use or development.
(9) 
Where earthen berms are required to provide effective screening, the specified elevation of the berm shall be that achieved after the earth has settled.
(10) 
To the extent possible, landscaping around detention basins shall be naturalized (e.g., clusters of evergreens interspersed with groupings of deciduous tress and shrubs) and designed to blend with the surrounding environment. When buffering stormwater detention basins, trees shall not be planted on the basin berm or dam; however, shrubs may be planted in this area.
(11) 
Buffering standards shall not apply to front yards of lots, except for Class D buffers.
E. 
General landscaping requirements.
(1) 
Any part of a lot which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all season ground cover approved by Borough Council. It shall be maintained to provide an attractive appearance, and all nonsurviving plants shall be replaced.
(2) 
Plant materials shall be chosen from Appendix VI[3] to prevent soil erosion and subsequent sedimentation.
[3]
Editor's Note: Appendix VI is included at the end of this chapter.
(3) 
Landscaping requirements for shade and street trees shall be followed in accordance with this chapter.
F. 
Landscaping requirements for off-street parking. The following standards shall be required for off-street parking facilities having greater than five parking spaces.
(1) 
Raised planting islands shall be located at each end of a parking space row and between every 12 consecutive parking spaces in a row. Planting islands shall be a minimum of three feet in width, extend the length of a parking space, and shall be planted with one shade tree per island, with such trees selected from the list in Appendix VI. Existing trees can be credited toward this requirements if in good condition and located as required.
(2) 
Perimeter plantings shall be provided around all parking areas and shall have a minimum width of three feet. Such areas shall meet the requirements of Class B buffer of this section.
(3) 
Perimeter planting strips and raised planting islands shall be protected by curbs.
(4) 
Surface treatment of raised planting islands and perimeter plantings shall be grass, ground cover, or low-maintenance shrubs, or other Borough-approved plant materials.
A. 
Traffic impact study.
(1) 
A traffic impact study shall be submitted in the following instances:
(a) 
A residential subdivision or land development of five or more lots and/or dwelling units.
(b) 
A nonresidential land development containing 40,000 square feet or more of gross floor area.
(c) 
Any nonresidential land development within 1/4 mile of an intersection involving an arterial street or two collector streets.
(d) 
Provided, however, that the Borough Council reserves the right to require a traffic study for any subdivision or land development other than a minor residential subdivision, lot annexation, abbreviated residential subdivision, and plan for revision to lot lines when the Borough Council deems such a study necessary to adequately review the impact of the subdivision or land development on existing and proposed streets in accordance with §§ 395-20 and 395-21.
(2) 
The traffic impact study shall be prepared by a qualified professional traffic engineer or traffic planner with verifiable experience in preparing such studies.
(3) 
The study area for the traffic study shall be based on engineering judgment and an understanding of existing traffic conditions at the site and represent the area which is likely to be affected by the development. The study limits shall be initially agreed upon by the applicant, his engineer, and the Borough.
(4) 
The traffic impact study shall contain the following elements:
(a) 
The study area boundary and identification of the roadways included within the study area.
(b) 
A general site description, including:
[1] 
Size, location, existing and proposed land uses and dwelling types, construction staging, and completion date of the proposed development.
[2] 
Existing land uses, approved and recorded subdivision and land developments and subdivisions and land developments proposed but not yet approved and recorded in the study area that are agreed upon by the Borough, applicant, and traffic engineer as having bearing on the development's likely impact shall be described and considered.
[3] 
Within the study area, the applicant must describe existing roadways and intersections (geometries and traffic signal control) as well as improvements contemplated by government agencies or private parties.
(c) 
Analysis of existing conditions, including:
[1] 
Daily and peak-hour traffic volumes. Schematic diagrams depicting daily and peak-hour traffic volumes shall be presented for roadways within the study area. Turning movement and mainline volumes shall be presented for the three peak-hour conditions (a.m., p.m. and site-generated) while only mainline volumes are required to reflect daily traffic volumes. The source and/or method of computation for all traffic volumes shall be included.
[2] 
Volume/capacity analyses at critical points. Utilizing techniques described in the Highway Capacity Manual Transportation Research Board Special Report 209 (1985 or latest edition) or derivative nomographs, an assessment of the relative balance between roadway volumes and capacity are to be described. The analysis shall be performed for existing conditions (roadway geometry and traffic signal control) for the appropriate peak hours.
[3] 
Level of service at critical points. Based on the results obtained in the previous section, levels of service (A through F) shall be computed and presented. Included in this section shall also be a description of typical operating conditions at each level of service.
[4] 
A tabulation of accident locations during the most recent three-year period shall be provided.
(d) 
Analysis of future conditions without the proposed development. The future years for which projections are made will be specified by the Borough and will be dependent on the timing of the proposed development. The following information shall be included:
[1] 
Daily and peak-hour traffic volumes. This section shall clearly indicate the method and assumptions used to forecast future traffic volumes. The schematic diagrams depicting future traffic volumes shall be similar to those described in Subsection A(4)(c)[1] of this section in terms of location and times (daily and peak hours).
[2] 
Volume/capacity analyses at critical locations. The ability of the existing roadway system to accommodate future traffic (without site development) shall be described in this section. If roadway improvements or modifications are committed for implementation, the volume/capacity analysis shall be presented for these conditions.
[3] 
Levels of service at critical points. Based on the results obtained in the previous section, levels of service (A through F) shall be determined.
(e) 
Trip generation. The amount of traffic generated by the site shall be presented in this section for daily and the three peak-hour conditions. The trip-generation rates used in this phase of the analysis shall be justified and documented to the satisfaction of the Borough Council. Trip Generation (fourth or latest edition) published by the Institute of Transportation Engineers shall be used unless the Borough Council approves other studies.
(f) 
Trip distribution. The direction of approach for site-generated traffic shall be presented in this section for the appropriate time periods. As with all technical analysis steps, the basic method and assumptions used in this work shall be clearly stated in order that the Borough can replicate these results.
(g) 
Traffic assignment. This section shall describe the utilization of study area roadways by site-generated traffic. The proposed traffic volumes shall then be combined with anticipated traffic volumes from Subsection A(4)(d) of this section to describe mainline and turning movement volumes for future conditions with the site developed as the applicant proposes.
(h) 
Analysis of future conditions with development. This section shall describe the adequacy of the roadway system to accommodate future traffic with development of the site. Any unique characteristics of the site or within the study area (i.e., weekend tourists and antique sales, or holiday shopping) affecting traffic shall be considered. If staging of the proposed development is anticipated, analysis for each stage of completion shall be made. The following information shall be included:
[1] 
Daily and peak hours, traffic volumes, mainline and turning movement volumes shall be presented for the highway network in the study area as well as driveways and internal circulation roadways for the appropriate time periods.
[2] 
Volume/capacity analysis at critical points. Similar to Subsection A(4)(c)[2] and (d)[2], a volume/capacity analysis shall be performed for the appropriate peak hours for future conditions with the site developed as proposed.
[3] 
Levels of service at critical points. As a result of the volume/capacity analysis, the level of service on the study area roadway system shall be computed and described in this section.
(i) 
Recommended improvements. In the event that the analysis indicates unsatisfactory levels of service (levels of service D, E or F) as described in Highway Capacity Manual, Transportation Research Board Special Report 209 (1985 or latest edition) will occur on study area roadways, a description of proposed improvements to remedy deficiencies shall be included in this section. These proposals would not include committed projects by the Borough and state which were described in Subsection A(4)(b)[3] of this section and reflected in the analysis contained in Subsection A(4)(c) and (d) The following information shall be included:
[1] 
Proposed recommended improvements. This section shall describe the location, nature and extent of proposed improvements to assure sufficient roadway capacity. Accompanying this list of improvements shall be preliminary cost estimates.
[2] 
Volume/capacity analysis at critical points. Another iteration of the volume/capacity analysis shall be described which demonstrates the anticipated results of making these improvements.
[3] 
Levels of service at critical points. As a result of the revised volume/capacity analysis presented in the previous subsection, levels of service for the highway system with improvements shall be presented.
(j) 
Conclusion. The last section of the report shall be a clear, concise description of the study findings. This concluding section shall serve as an executive summary.
B. 
The impact studies listed below shall be submitted to the Borough in the following instances: a residential subdivision or land development of five or more lots and/or dwelling units, and a nonresidential land development containing 40,000 square feet or more of gross floor area; provided, however, that the Borough Council reserves the right to require impact studies for any subdivision or land development other than a minor residential subdivision, lot annexation, abbreviated residential subdivision, and plan for revision to lot lines when the Borough Council deems such a study necessary to adequately review the impact of the subdivision or land development.
(1) 
Utilities impact study. A study shall be prepared by an engineer indicating the impact of the proposed development on the existing sanitary sewer, water, solid waste, and drainage systems serving the Borough. Said impact analysis shall identify the existing capacity of facilities which would serve the development, the prospects of those facilities being able to provide service to it, and any improvements that might be required as a direct result of the proposed development and the improvements the applicant intends to make if capacity does not exist to serve the proposed development. Additionally, the study shall identify the likely ability of sanitary sewer, water, solid waste, and drainage systems to continue to provide efficient and economic service to existing residents and businesses within the Borough considering added service requirements of the proposed development.
(2) 
Recreation impact study. The study shall analyze the demand for recreational facilities which the proposed development will generate and determine whether adequate facilities exist or are planned or proposed. As a minimum, the study shall include the following:
(a) 
A description of the projected age breakdown of the residents of the proposed development.
(b) 
A description of any recreational facilities to be provided by the applicant.
(c) 
A description of existing municipal recreational facilities and the impact of the proposed development on these facilities. Accepted national standards for required recreation shall be used in the analysis.
(d) 
Discussion of potential for any recreational facilities to be provided by the applicant to compensate for any anticipated deficiencies of the Borough's recreational facilities.
(e) 
A description of any contributions the applicant plans to make for Borough recreation to compensate for expected impacts.
(3) 
Fiscal impact analysis. A fiscal impact analysis shall be prepared identifying the likely impact of the development on the Borough and Northern Lehigh Area School District's tax structure and expenditure patterns. Included shall be a determination of the revenues to accrue to the Borough and Northern Lehigh Area School District as a result of proposed development, as well as an identification of the costs associated with delivering services to the proposed development. The fiscal impact analysis shall deal with the impact of the proposed development on the ability of the Borough to deliver fire, police, administrative, public works and utility services to the development and on the Borough's economy. In order to prepare the analysis, the applicant shall utilize a methodology from The New Guide to Fiscal Impact Analysis (Rutgers Center for Urban Policy Research, 1985, as modified from time to time), adapted as appropriate and to the Borough satisfaction. Particular aspects of the Borough's service delivery capability to be analyzed shall include:
(a) 
Public works. This includes potential effects on the maintenance, repair and upkeep of roads, signal systems, sanitary sewer, water and drainage systems, open space and recreation areas or any other applicable function. This study shall address projected cost increases for the above mentioned items in terms of administration, personnel, equipment and materials.
(b) 
Administration. This includes time that would be required by the Borough Council, Borough Secretary, Borough and other staff to process the application and handle the project during construction, as well as long-term administration demands. This should include, but not be limited to, the handling of: plans, contracts, various legal instruments or agreements, permits, special problems, and escrow. Added demands on the code administration staff also shall be projected.
(c) 
Fire and emergency services. The analysis shall incorporate the development's impact on fire company capabilities, including but not limited to, municipal water supply, pumping capacity, specialized equipment and training requirements.
(d) 
Police. The study shall project the overall effects of the proposed development on existing Borough police personnel numbers, equipment, vehicles and working space. The study shall include whatever facilities or assistance the development will provide to handle emergencies, criminal investigation, armed robbery, or other security-related problems.
(4) 
Historic and archaeological resources impact study. All historic and archaeological resources which have been identified and/or inventoried by the Borough, the Northampton County Planning Commission, and/or the Pennsylvania Historical Museum Commission located within the tract shall be identified and the impact on such resources detailed. The study shall contain as a minimum the following information:
(a) 
Background information.
[1] 
If not otherwise provided by the applicant, a general site description, including topography, watercourses, vegetation, landscaping, existing drives, etc.
[2] 
General description and classification of all historic resources located on the subject tract, on tracts immediately adjacent to the subject tract or road, or within 100 feet of the subject tract or road.
[3] 
Physical description of all historic resources identified in Subsection B(4)(a)[2] above.
[4] 
Statement of the significance of each historic resource, both relative to the Borough and region in general.
[5] 
Sufficient number of black-and-white, eight-inch-by-ten-inch photographs to show every historic resource identified in Subsection B(4)(a)[2], above, in its setting.
[6] 
Narrative description of the historical development of the subject tract or road.
(b) 
Proposed change.
[1] 
General description of project, including time table or phases.
[2] 
Description of impact on each historic resource identified in Subsection B(4)(a)[2], above, with regard to architectural integrity, historic setting, and future use.
[3] 
General description of effect of noise and traffic and any other impacts generated by the proposed change on each historic resource.
(c) 
Mitigation measures.
[1] 
Recommendations for mitigating the project's impact on historic resources, including design alternatives, buffering, landscaping, and any other appropriate measures.
(5) 
Environmental impact study. The study shall include the following impacts:
(a) 
Habitats of Threatened and Endangered Species of Special Concern in Pennsylvania within the tract, as established by the Pennsylvania Biological Survey and/or Pennsylvania Natural Diversity Inventory, shall be identified and the impact on such resources detailed. If such habitats exist on the tract, the measures proposed to protect the habitats shall be indicated;
(b) 
The suitability of the site for the intensity of use proposed by the site's sails, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(c) 
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts
(d) 
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare; and
(e) 
The information specified in Appendix VI.
(6) 
Hydrogeologic impact study. Such study shall be conducted by a qualified hydrogeologist and consist of the following minimum considerations:
(a) 
A description of the geologic conditions on and around the site. Site geology, including stratigraphy, structure, and soils shall be analyzed. Hydrogeology, including aquifer characteristics, groundwater movement, local water use, aquifer yield, and water quality shall be analyzed. Groundwater impacts, availability of groundwater, well interference, water quality, and yield availability shall be analyzed.
(b) 
Should it be determined that the proposed uses would result in a degradation of groundwater quality, or eliminate the potential groundwater use at nearby properties, the study shall present measures that will be employed to prevent these adverse impacts.