Borough of Bellefonte, PA Design Standards

All subdivision and land development approved under the provisions of this chapter shall be in accordance with the design standard contained herein and with the intent of the 1992 Bellefonte Borough Comprehensive Plan, as may be hereafter amended.

The standards and requirements contained herein are intended as the minimum necessary for the promotion of the public health, safety and general welfare, and shall be applied as such by the Borough Planning Commission and Council in reviewing all development plans.

Whenever other Borough regulations impose more restrictive standards and requirements than those contained herein, such other regulations shall be observed.

Subdivision and land development plans shall give due consideration to the official plans of the Borough of Bellefonte and Centre County or to such parts thereof as may be adopted pursuant to statute.

Proposed land uses shall conform to the provisions of the Bellefonte Borough Zoning Ordinance, as adopted and amended.

Land subject to hazards to life, health or property, such as may arise from fire, flood, disease or other causes, shall not be platted for development unless such hazards have been eliminated or unless the plat shall show adequate safeguards against them which shall be approved by the appropriate regulatory agencies.

§ 500-14 Streets.

General standards. All new streets in the Borough shall conform to the following standards:

(1)

The location and width of all streets shall conform to the Official Map and Comprehensive Plan or to such parts of the Official Map and Comprehensive Plan as may have been adopted by the Borough.

(2)

The proposed street system shall extend existing or recorded streets at the same width but in no case at less than the required minimum width.

(3)

Where a subdivision abuts an existing street of improper width or alignment, the Borough Council may require the dedication of land sufficient to widen the street or correct the alignment.

(4)

Private streets are prohibited, unless they meet the design standards of these regulations or conform to § 500-12B(3).

(5)

Insofar as possible, streets on which structures utilizing solar access are proposed to front upon shall be oriented along an east-west axis with maximum deviations permitted up to 25°, provided that such orientations are feasible based on soil and slope conditions and are a practical means of providing safe and convenient access and circulation.

Partial and half streets. Half and partial streets will not be permitted, except where satisfactory assurance for dedication of the remaining part of the street can be obtained in writing by the developer.

Street classification. Five street classifications are established by the 1992 Bellefonte Borough Comprehensive Plan, as amended (see Section 5, Transportation System), and are defined as follows:

(1)

Principal arterial. A highway, normally a freeway, that serves corridor movements having a trip length and travel density characteristics indicative of substantial statewide or interstate travel.

(2)

Minor arterial. A major highway or road that serves urban areas and other traffic generators and, when integrated with principal arterials, forms a network providing interstate and intercounty service.

(3)

Major collector. A road serving established communities not adequately served by the arterial system, a major collector provides service to all developed areas within a reasonable distance.

(4)

Local street. A service street not conducive to through traffic that provides access to adjacent land and connection to the collector and arterial systems.

(5)

Alley. A service street, usually to the rear or side of properties otherwise abutting a street, used primarily for limited vehicular service access.

Street widths and construction requirements.

(1)

Minimum street right-of-way and cartway widths and construction materials shall be as follows:

Street Type	R/W Width (feet)	Shoulder Width* (feet)	With Curbs (feet)	Without Curbs (feet)	Base Materials (inches in depth)	Paving (inches in depth)
Service drive	N/A	N/A	20	20	8 of #3A crushed aggregate	1.5 of ID-2 binder, 1 of ID-2 wearing course
Turnaround of cul-de-sac	100	4	80	80	Same as local street (general)	Same as local street (general)
Local street (general use)	35	4	22	25	6 of #4 crushed aggregate	1.5 of ID-2 binder, 1 of ID-2 wearing course
Local street (general use)	35	4	22	25	6 of 2A subbase and 5 of BCBC	1.5 of ID-2 wearing course
Local street (industrial/ commercial use)	45	6	26	29	8 of #4 crushed aggregate	1.5 of ID-2 binder, 1 of ID-2 wearing course
Local street (industrial/ commercial use)	45	6	26	29	6 of 2A subbase and 5 of BCBC	1.5 of ID-2 wearing course
Major collector	50	6	28	34	10 of #4 crushed aggregate	1.5 of ID-2 binder, 1 of ID-2 wearing course
Major collector	50	6	28	34	6 of 2A subbase and 7 of BCBC	1.5 of ID-2 wearing course
Arterials	As determined by the governing body and Planning Commission after consultation with the Pennsylvania Department of Transportation.

NOTE:
*	Required in absence of curbing; width is indicated for each of two shoulders.

(2)

Additional right-of-way and cartway widths may be required by the Borough Planning Commission for the purpose of promoting the public safety and convenience or to provide parking in commercial and industrial areas and in areas of residential development.

Street grades.

(1)

There shall be a minimum center-line grade of 0.75%. Center-line grades shall not exceed the following standards:

(a)

Local street: 10%.

(b)

Collector street: 8%.

(c)

Any street intersection: 4%.

(2)

Grades up to 14% may be permitted for distances of less than 500 feet on a through local street where access to the street is possible over streets with grades of 10% or less. Exceptions to the above grades may be made by the Borough Planning Commission or where the physical topography of the area requires such exceptions in the opinion of the Borough Planning Commission.

Horizontal curves. In order to provide adequate sight distance and ensure proper alignment of streets, whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.

Vertical curves. All changes of street grades where the algebraic difference exceeds 1%, vertical curves shall be provided to permit the following minimum sight distances:

(1)

Local streets: 100 feet.

(2)

Collector streets: 200 feet.

Sight distance at intersections. Clear sight triangles shall be provided at all street intersections. Within such triangles, no object shall be permitted which obscures between the heights of three and eight feet measured from the center-line grade of intersecting streets. Such triangles shall be established from a distance of 25 feet from a vertex at the intersection of the street lines.

Intersections. All intersections shall meet the following requirements:

(1)

Streets shall intersect as nearly as possible at right angles, and no street shall intersect another at an angle of less than 75°.

(2)

Intersections involving the junction of more than two streets are prohibited.

(3)

Streets intersecting another street shall either intersect directly opposite to each other or shall be separated by at least 150 feet between center lines, measured along the center line of the street being intersected.

(4)

Intersections shall be approached on all sides by a straight leveling area, the grade of which shall not exceed 5% within 60 feet of the intersection of the nearest right-of-way lines.

(5)

Intersections with major streets shall be located not less than 800 feet apart, measured from center line to center line, along the center line of the major street.

(6)

At intersections of streets, the curb or edge of pavement radii shall not be less than the following:

	Intersection	Minimum Simple Curve Radii of Curb or Edge of Pavement (feet)
	Local street with local street	20
	Collector street with local street	25
	Collector street with collector street	35

(7)

Radius corners or diagonal cutoffs must be provided on the property lines substantially concentric with or parallel to the chord of the curb radius corners.

Cul-de-sac streets. Cul-de-sac streets are permitted when meeting the following requirements:

(1)

Dead-end streets are prohibited unless designed as permanent cul-de-sac streets or for future access to adjoining properties.

(2)

Any street dead end for access to an adjoining property or because of authorized stage development shall be provided with a temporary, all-weather turnaround, and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.

(3)

Cul-de-sac streets serving residential uses, permanently designed as such, shall not exceed 750 feet in length.

(4)

Cul-de-sac streets serving commercial and/or industrial uses shall be adequate for the type of use to be serviced as approved by the Borough Engineer, but in no case shall exceed 750 feet in length.

(5)

Drainage of cul-de-sac streets shall preferably be towards the open end. If drainage is toward the closed end it shall be conducted away in an underground storm sewer.

(6)

The center-line grade on a cul-de-sac street shall not exceed 10%, and the grade of the diameter of the turnaround shall not exceed 5%.

Access roads and drives. Direct access from residential lots to arterial and collector streets shall be avoided whenever possible. Where such direct access cannot be avoided, adequate turnaround space shall be provided behind the right-of-way line. In addition, all access roads and drives shall meet the following requirements:

(1)

A valid highway occupancy permit shall be obtained from the Pennsylvania Department of Transportation. Driveways serving single-family residences shall intersect streets at angles of no less than 60°. All other driveways or access roads shall intersect streets at right angles, where possible, and in no instance shall such intersection be less than 75°.

(2)

The width of access roads or driveways shall be in accordance with the following standards:

(a)

For multifamily residential and all nonresidential development, access roads shall be no less than 22 feet in width at the street line and shall clearly be defined by the use of curbing.

(b)

For single-family development, driveways shall be not less than 10 feet in width and no greater than 20 feet in width at the street line.

(3)

In order to provide for safe and convenient ingress and egress points, access roads and driveway entrances shall be rounded at the following minimum radius

(a)

For multifamily residential and all nonresidential development, access road entrances shall be rounded at minimum radius of 10 feet.

(b)

For single-family residential development, driveway entrances shall be rounded at a minimum radius of five feet.

(4)

The grades on access roads shall not exceed the following:

(a)

Eight percent when access is to an arterial street; and

(b)

Ten percent when access is to a collector or minor street.

Service streets. Service streets are prohibited in developments for single-family detached residences, except where required to avoid direct driveway access to arterial or collector streets. Except where other adequate provision is made for off-street loading and parking consistent with the proposed uses, service streets shall be required in commercial and industrial districts and shall have a minimum paved width of 22 feet.

§ 500-15 Street names and house numbers.

Naming and number of streets shall meet the following requirements:

Proposed streets which are obviously in alignment with others already existing and named shall bear the names of the existing streets.

In no case shall the name of a proposed street duplicate an existing street name in the Borough or in the postal district. The developer shall submit proposed street names to the local post office prior to filing a preliminary plat.

All street names shall be subject to the approval of the Borough Planning Commission.

§ 500-16 Blocks.

Fitting imaginative design shall be encouraged by allowing the developer to submit original development designs not in strict conformance with the standards set forth in this section. Such original designs may comprise industrial or commercial development or residential development of five or more lots. Nothing in this section shall relieve the developer from strict conformity with the regulations unless the developer can show that the proposal for original design observes the spirit of the chapter if not the exact content.

Layout. The length, width and shape of the blocks shall be determined with due regard to provision of adequate sites for buildings of the type proposed, to the land use or zoning requirements, and to the topography of the land being developed, and to the requirements for safe and convenient vehicular and pedestrian circulation.

Length. Blocks shall have a minimum length of 300 feet. In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection. Where practicable, blocks along arterial and collector streets shall not be less than 1,000 feet long.

Crosswalks. Crosswalks may be required between streets wherever necessary to facilitate pedestrian circulation and to give access to community facilities. Such crosswalks shall have a width of not less than 10 feet.

Depth. Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except:

(1)

Where reverse frontage lots are required along a major traffic street; or

(2)

Where prevented by the size, topographical conditions and other inherent conditions of property; in which case single-tier lots may be approved.

Commercial and industrial blocks. Blocks in commercial and industrial 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 as well as for traffic circulation and parking for employees and customers. Space for off-street loading shall also be provided with limited access to the street system. Extension of streets, railroad access right-of-way and utilities shall be provided as necessary.

§ 500-17 Lots and parcels.

Fitting imaginative design shall be encouraged by allowing the developer to submit original development designs not in strict conformance with the standards set forth in this section. Such original designs may comprise industrial or commercial development or residential subdivision of five or more lots. Nothing in this section shall relieve the developer from strict conformity with the regulations unless the developer can show that the proposal for original design observes the spirit of the chapter, if not the exact content.

General standards:

(1)

The size, shape and orientation of lots shall be appropriate for the type of development and use contemplated.

(2)

Side lot lines shall be at right angles to straight street lines or radial to curved street lines, insofar as possible.

(3)

Lot lines shall follow municipal boundaries rather than cross them in order to avoid jurisdictional problems, where feasible.

(4)

The depth of residential lots shall be not less than one nor more than 2.5 times their width, where feasible.

(5)

If after development there exists remnants of land, they shall be incorporated in existing or proposed lots or legally dedicated to public use, if acceptable to the municipality.

Lot frontage.

(1)

All lots shall have direct access to a public street or to a private street if it meets the requirements of these regulations.

(2)

Double or reverse frontage lots shall be avoided except where required to provide separation of residential uses from major streets or to overcome specific disadvantages of topography or orientation.

(3)

No residential lots shall be created which front upon a limited access highway. Furthermore, no major development shall be created which fronts upon an arterial street.

Driveways and off-street parking.

(1)

Residential, commercial, and industrial developments shall provide parking in accordance with the Borough Zoning Ordinance.[1]

[1]

Editor's Note: See Ch. 575, Zoning.

(2)

Private driveways on corner lots shall be located in accordance with the requirements of the Borough Zoning Ordinance.

(3)

In order to provide a safe and convenient means of access, grades on private driveways must not exceed 15%. In addition, driveways should be paved where grades exceed 7%.

(4)

Private driveway entrances should be rounded at a minimum radius of five feet or should have a flare constructed that is equivalent to this radius at a point of intersection with the cartway edge.

Lot size. Lot dimensions and areas shall be not less than specified by the provisions of the Borough Zoning Ordinance or as determined by the provisions contained in this chapter.

Building setback.

(1)

Front, side and rear setbacks shall be in conformance with the Borough Zoning Ordinance.

(2)

Buildings shall be oriented such that their longest axis faces within 25° of true South whenever lot size, street orientations, soil and slope conditions make this practical.

§ 500-18 Erosion and sedimentation control.

Permits required. In the event that any person shall intend to make changes in the contour of any land or engage in earthmoving activity, whether for subdivision, land development or any other purpose, such person who is required to obtain a permit shall obtain such a permit from the Department of Environmental Protection.

Notification. Bellefonte Borough shall notify the Department of Environmental Protection immediately upon receipt of an application for a building permit involving earthmoving activity that affects five acres or more of land.

Building permits. The Borough shall not issue a building permit to those engaged in earthmoving activities requiring a Department of Environmental Protection permit until the Department has issued the permit.

Erosion and sedimentation control plan. An erosion and sedimentation control plan must be prepared for a single lot or more where subdivision, land development, or other earthmoving activity is proposed. The plan must be submitted:

(1)

As required by the rules and regulations of the Department of Environmental Protection; and

(2)

As required by the Pennsylvania Clean Streams Law, Act 222, July 31, 1970, as amended.[1]

[1]

Editor's Note: See 35 P.S. §§ 691.1 through 691.1001.

Plan review. Such erosion and sedimentation plan shall be submitted to the Borough Engineer and the County Conservation District for review, and a copy of the plan and review comments shall be submitted to the Planning Commission as part of the preliminary and final plat applications.

Plan standards. In the preparation of erosion and sedimentation control plans, the person preparing such plans shall consult the County Conservation District to determine the measures needed to control erosion and sedimentation.

§ 500-19 Sanitary sewage disposal.

All development plans must meet the requirements of the Borough Sewage Facilities Plan, the Borough's Code of ordinances, and any other local, state or federal regulations or laws relating to sanitary disposal of sewage.

§ 500-20 Water supply.

If proposed development cannot be tied with an approved public water supply, the individual source well or spring must be installed and/or set up in full compliance with the latest local, state and federal specifications covering such facilities.

§ 500-21 Stormwater management.

Stormwater management facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. Post-development flows shall not exceed predevelopment flows off site, as per Pennsylvania Act 167 of 1978, the Pennsylvania Stormwater Management Act.[1] The system shall ensure drainage at all points along streets and provide positive drainage away from buildings and on-site water disposal sites.

[1]

Editor's Note: See 32 P.S. § 680.1 et seq.

Plans shall be subject to the approval of the Borough Council upon review by the Borough Engineer. The Borough may require a primarily underground system to accommodate frequent floods and secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

The design and construction of the stormwater management system shall comply with the following requirements:

(1)

The minimum design criteria shall be a ten-year storm with a twenty-minute duration. Higher frequency conditions shall be used where an overflow would endanger public or private property.

(2)

Drainage calculations shall be made by the Rational Method or other standard method, as approved by the Borough Engineer.

(3)

Street drainage will not be permitted to cross intersections or the crown of the road.

(4)

Maximum spacing of street inlets shall not exceed 600 feet.

(5)

All culvert ends shall be provided with either reinforced concrete headwalls or pipe end sections.

(6)

Minimum pipe size shall be eighteen-inch diameter.

(7)

All street inlets shall be the combination type following PennDOT standard for the four-foot special inlet. Inlet tops shall be cast-in-place reinforced concrete or precast concrete.

(8)

All springs and sump pump discharges shall be collected so as not to flow in the streets.

(9)

When material for storm drain systems is not specified, PennDOT specifications will govern.

All rain conductors shall be piped to storm sewer or a natural watercourse and all multifamily-unit constructions shall follow the same plan. Storm drains shall be installed as per the following schedule:

Diameter (inches)	Square Foot Fall (1.25 inches per foot)	Drainage Area Foot (0.5 inch per foot)
4	1,800	2,500
5	3,000	4,500
6	5,000	7,500
8	9,100	13,600
10	14,000	20,000

§ 500-22 Natural features preservation.

The design of all development plans shall preserve, whenever possible, natural features which will aid in providing open space for recreation and conditions generally favorable to the health, safety and welfare of the residents of the Borough. These natural features include: the natural terrain of the site, woodland areas, large trees, natural watercourses and bodies of water, wetlands, rock outcroppings, scenic views, and historic resources.

Tree preservation and planting.

(1)

Trees with a caliper of six inches or more as measured at a height of 4.5 feet above existing grade shall not be removed unless they are located within the proposed cartway or sidewalk portion of the street right-of-way or within 15 feet of the foundation area of a proposed building. In areas where trees are retained, the original grade level shall be maintained, if possible, so as not to disturb the trees.

(2)

Where existing trees are removed along the street right-of-way, supplemental planting, in the form of appropriate street trees, shall be introduced. Such trees shall be planted at intervals of between 50 feet and 100 feet, preferably in random patterns.

(3)

When five or more acres are proposed for development, a landscape plan may be required. Such plan shall indicate the vegetation or plant cover which exists and, on the same or separate sheet, the vegetation or plat cover which will exist when landscaping is completed. In addition, landscaping shall be designed, installed and maintained with the aim of allowing as great a portion of the site to remain or become wooded without adversely affecting the availability of solar access to the south.

(4)

The location and species of trees and other landscaping elements shall be such that, when grown to full maturity, shall not impede solar access to neighboring structures.

Stream frontage preservation.

(1)

A maintenance easement for the Borough or its designee, with a minimum width of 25 feet, shall be provided along all stream banks. Such easement, in all cases, shall be of sufficient width to provide proper maintenance.

(2)

Stream frontage shall be preserved as open space wherever possible.

(3)

Access shall be provided to the water and maintenance easement area. The width of such access points shall not be less than 50 feet.

Topography. All existing natural terrain of the proposed subdivision tract shall be retained whenever possible. Cut and fill operations shall be kept to a minimum.

§ 500-23 Recreation and open space.

All residential subdivisions or land development plats submitted after the effective date of this chapter shall provide for suitable and adequate recreation in order to ensure adequate recreation areas and facilities to serve the future residents of the Borough; maintain compliance with recreational standards as developed by the National Recreation and Parks Association; reduce increasing usage pressure on existing recreational areas and facilities; ensure that all present and future residents have the opportunity to engage in many and varied recreational pursuits; and reduce the possibility of the Borough becoming overburdened with the development and maintenance of many very small, randomly planned and widely separated recreation areas.

Exemptions and requirements.

(1)

The following are exempt from the provisions of this chapter:

(a)

Any single-family and/or multifamily residential subdivision or land development plan in a residential zone classification for which a preliminary plan has been submitted prior to the effective date of this chapter.

(b)

Any residential subdivision or land development plan, whether single-family and/or multifamily, that contains less than 30 dwelling units may be exempted by the Borough Council from dedicating land for recreational purposes, but shall pay the fee in lieu of dedication as provided by this chapter. Yard extensions shall be excluded from this requirement.

(2)

The amount of land required to be provided for recreational purposes for residential subdivisions or land development plans not exempted from the provisions of this chapter shall be as follows:

(a)

Single-family developments. In the case of single-family development, the developer shall provide a minimum of 1,500 square feet of recreation area per lot.

(b)

Multifamily developments. In multiple-family developments, a minimum contiguous area of 10% of the total area shall be provided for recreation, exclusive of roadways of the land being developed.

(3)

A maximum of 25% of the total land area to be provided for recreation as required by this chapter may consist of floodplain areas.

(4)

Such land set aside shall be suitable to serve the purpose of active and/or passive recreation by reason of its size, shape, location and topography and shall be subject to the approval of the Borough Council.

(5)

The developer shall satisfy the Borough Council that there are adequate provisions to assure retention and all future maintenance of such recreation areas by maintaining ownership or by providing for and establishing an organization for the ownership and maintenance of the recreation area, and such organization shall not be dissolved nor shall it dispose of the recreation area by sale or otherwise except to an organization conceived and established to own and maintain the recreation area without first offering to dedicate the same to the Borough.

Recreation area location criteria. The Planning Commission and the Borough Council, in exercising their duties regarding the approval of subdivision and land development plans, shall consider the following criteria in determining whether to approve the proposed location of recreation areas in the developer's subdivision and land development plans:

(1)

Site or sites should be easily and safely accessible from all areas of the development to be served, have good ingress and egress and have access to a public road; however, no public road shall traverse the site or sites.

(2)

Site or sites should have suitable topography and soil conditions for use and development as a recreation area.

(3)

Size and shape for the site or sites should be suitable for development as a particular type of park. Sites will be categorized by the Borough using the standards established by the National Recreation and Parks Association.

(4)

When designing and developing these recreation areas, it shall be done according to the standards established by the National Recreation and Parks Association.

(5)

Site or sites should, to the greatest extent practical, be easily accessible to the essential utilities, such as water, sewer and electric.

(6)

Site or sites should meet minimum size requirements for usable acreage with respect to the National Recreation and Parks Association standards, with 75% of such area having a maximum slope of 7%.

(7)

Recreation sites shall be located in such a manner which allows maximum practical solar access to neighboring structures.

(8)

Where open space is being provided, it shall be located, wherever possible, to provide a buffer from the shading effects of taller structures or obstructions on existing or proposed shorter buildings.

Dedication to municipality.

(1)

In the case where the developer does not wish to retain the required recreation area, such area may be offered for dedication to the Borough for public use.

(2)

In addition to approving the recreation site areas to be dedicated to the Borough, the Planning Commission shall make its recommendation to Borough Council as to whether the dedication should be accepted by the Borough.

(3)

Such areas dedicated to the Borough for public use shall be suitable for recreational purposes by reason of size, shape, location, topography and access.

(4)

The Planning Commission may find dedication to be impractical because of the size, shape, location, access, topography, drainage or other physical features of the land and that such dedication would adversely affect the subdivision or land development and its future residents or occupants, or that there is no land area within the proposed subdivision which is practical for dedication to the public because of size, access, topography or other physical characteristics.

(5)

When the Borough Council deems it to be in the public interest to accept dedicated land, such acceptance shall be by means of a signed resolution to which the property description of the dedicated recreation area shall be attached.

Fee in lieu of dedication.

(1)

Where the Borough Council agrees with the developer that, because of size, shape, location, access, topography or other physical features of the land, it is impractical to dedicate land to the Borough or set aside a recreation areas as required by this section, the Borough Council shall require a payment of a fee in lieu of dedication of such land, which shall be payable to the Borough prior to approval of each final section of the overall plan by the Borough Council.

(2)

The amount of the fee shall be set at 10% of the current appraised value of the tract.

(3)

All monies paid to the Borough Council pursuant to this section shall be used only for the acquisition of and or capital improvements for park and recreation purposes, as provided in Section 503(11) of the Municipalities Planning Code.[1]

[1]

Editor's Note: See 53 P.S. § 10503(11).

§ 500-24 Other public use and service areas.

In reviewing development plans, the Borough Planning Commission shall consider whether community facilities, especially schools, in the area are adequate to serve the needs of the additional dwellings proposed by the subdivision and shall make such report thereon as it deems necessary in the public interest to the area school board. Developers shall give earnest consideration to the desirability of providing or reserving areas for facilities normally required in residential neighborhoods, including churches, libraries, schools and other public buildings. Areas provided for such community facilities should be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed. Prior to the preparation of plans, developers of large tracts should review with the staff of the Borough and County Planning Commissions the minimum standards for various community facilities applicable to the tract being developed.

§ 500-25 Utility easements.

Utility easements shall be provided for drainage facilities, overhead or underground public utility facilities in consultation with the Borough Engineer, the electrical, telephone, water and gas utilities, the Pennsylvania Department of Transportation, and the municipal authority, and shall conform to the following standards:

No structures or trees shall be placed within easements with a minimum width of 15 feet that are provided for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains, and other utility lines intended to service abutting lots.

To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.

There shall be a minimum distance of 50 feet, measured in the shortest distance, between any proposed dwelling unit and any petroleum, petroleum products, or natural gas transmission line which traverses the subdivision.

Where development is traversed by a watercourse, drainageway channel or stream, there shall be provided a drainage easement width, to be determined by the Borough Engineer, conforming substantially with the line of such watercourse, drainageway, channel or stream, and such width as will be adequate to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities or for the purpose of installing a stormwater sewer. Under no circumstances shall the easement be less than 25 feet.

Where a subdivision or land development involves the use of solar access, solar sky-space easements will be provided, shall be in writing, and shall be subject to the same conveyancing and instrument recording requirements as other easements. Any such easements shall be appurtenant; shall run with the land benefitted and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance, which shall be submitted to and approved by the Borough Solicitor. Instruments creating a solar sky-space easement shall include but not be limited to:

(1)

A permanently identifiable description of the sky space above the burdened land into which trees, buildings and/or other obstructions as specified by the easement shall not be permitted to encroach;

(2)

Any terms or conditions under which the solar sky-space easement is granted or will be terminated; and

(3)

Any provision for compensation by the owner of the land benefitting from the solar sky-space easement or compensation of the owner of the land burdened by the solar sky-space easement for maintaining the easement.

Where necessary for access to public or common lands, a pedestrian easement shall be provided with a width of no less than 10 feet. Additional width may be required by the Planning Commission and Borough Council, depending on the purpose and use of the easement.