[Ord. 173, 3/3/2003, § 101]
The Chapter shall be known as the "City of St. Marys Subdivision
and Land Development Ordinance."
[Ord. 173, 3/3/2003, § 102]
This Chapter shall become effective March 10, 2003.
[Ord. 173, 3/3/2003, § 103]
This Chapter shall not affect or apply to:
A.
Any previously approved land subdivision or development for which
no application for preliminary or final approval is pending as of
the date of enactment of this Chapter, provided that the applicant
completes that part of the approved development in accordance with
the terms of approval within three years from date of final approval
or from date of preliminary approval, whichever is the earlier.
B.
The division of land for agricultural purposes into parcels of more
than 10 acres, not including any new street or easement of access.
C.
Mobile home parks existing and operating prior to the enactment of
this Chapter and holding a certificate of registration from the Department
insofar as original plans are required.
D.
Campgrounds and mobile home parks accumulating only dependent mobile
homes as defined by the regulations of the Department, travel trailers
generally used for recreational purposes and transport trucks or vans
equipped with sleeping space for drivers.
E.
Any law, regulation or ordinance which is in conflict with any provision
of this Chapter.
[Ord. 173, 3/3/2003, § 104]
The provisions of this Chapter shall be severable and if any
of its provisions shall be held to be unconstitutional, or otherwise
invalid, the validity of the remaining provisions shall not be affected.
[Ord. 173, 3/3/2003, § 105]
The purpose of this Chapter is to promote the general welfare
of the residents of the City by regulating the development of land
in the City. The standards set forth herein shall be the minimum standards
for the development and for the promotion of the general welfare of
the residents of the City.
[Ord. 173, 3/3/2003, § 106]
The City of St. Marys is vested by law with jurisdiction and control of the subdivision of land, mobile home parks and land development located within the City limits in accordance with Article V of the Pennsylvania Municipalities Planning Code. Act of 1968, P.L. 805, No. 247 Reenacted and Amended December 21, 1968 Act No. 170 with updates to present.
[Ord. 173, 3/3/2003, § 107]
Meaning of words: Unless otherwise expressly stated, the following
terms shall, for the purpose of this Chapter, have the meaning indicated;
words in the singular include the plural, and words in the plural
include the singular. The male includes the females and neuter genders.
The word "person" includes a corporation, unincorporated association
and a partnership as well as an individual or any other legal entity.
The words "shall" and "will" are mandatory; the word "may" is permissive.
An "agency" shall be construed to include its successors or assigns.
Words not defined in this Section or the Pennsylvania Municipalities
Planning Code shall have their normal meanings.
A private drive providing pedestrian and vehicular access
between a public or private street and a parking area within a land
development and any driveway servicing two or more units of occupancy
on a single lot or contiguous lots. See also "street."
A subordinate building, the use of which is customarily incidental
to that of the principal building on the same lot.
A measure of land area containing 43,560 square feet.
Average daily traffic volumes on a road.
Land used exclusively for the cultivation of the soil, the
production of crops or livestock or the science of forestry; also,
land diverted from agricultural use by an active Federal farm program,
provided the diverted land has a conservation cover of grass, legume,
trees or wildlife shrubs. Agricultural land may include, to a minor
degree, farmsteads inhabited by the cultivator of the land, housing
for farm employees and land used for preparation of agricultural products
by the cultivator of the land.
A minor right-of-way, publicly owned, primarily for service
access to the back and sides of properties.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the start of construction
or development including, but not limited to, an application for a
building permit, for the approval of a subdivision plat or plan or
for approval of a land development plan.
The merger of separate properties into a single tract of
land. Not considered a subdivision or land development. See "consolidation."
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways or any
other barrier to the continuity of development.
The line within a property defining the required minimum
distance between any building and the adjacent right-of-way and/or
property lines.
The improved surface of a street or alley designed for vehicular
traffic including travel lanes and parking areas but not including
shoulders, curbs, sidewalks or swales.
The City of St. Marys, Pennsylvania.
A professional engineer licensed as such in Pennsylvania
duly appointed as the Engineer of the City of St. Marys.
The Planning Commission of the City of St. Marys.
A professional attorney licensed as such, in Pennsylvania,
duly appointed as such in Pennsylvania, duly appointed as the Solicitor
of the City of St. Marys.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street center lines.
A parcel or parcels of land or any area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development site, not including
streets, of-street parking area and area set aside for public facilities.
Also see "open spaces."
A utility operated by City of St. Marys or a company, regulated
by the Public Utility Commission, which supplies potable, domestic
water for use by more than one household, business or institution.
The official public document prepared in accordance with
the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as
reenacted and amended by Act 170 of 1988, and as subsequently amended,
consisting of maps, charts and textual material that constitutes a
policy guide to decisions about the physical and social development
of City of St. Marys.
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, together with individual ownership in fee of a particular
unit or apartment in such building or on such parcel of land and may
include dwellings, offices and other types of space in commercial
and industrial buildings or on real property.
The removal of lot lines between contiguous parcels. See
"assemblage."
A lot, located at the intersection of two or more existing
or proposed street rights-of-way. See "lot."
The Elk County Planning Commission.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
An excavation. The difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
The deliberate appropriation of land by its owner for general
public use.
A written instrument whereby an estate in real property is
conveyed.
A restriction upon the use of a property placed in a deed.
The Pennsylvania Department of Environmental Protection,
its bureaus, divisions, departments and/or agencies, as may from time
to time be established, or such Department or Departments as may in
the future succeed it.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
in a one-hundred-year flood. Also see "floodplain" and "floodway."
An area in which surface water runoff is temporarily stored
pending its release at a controlled rate.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
or a land development. See "applicant."
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of manufactured housing, streets and other paving, utilities,
mining, dredging, filling, grading, excavation or drilling operations
and the subdivision of land.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this Chapter shall mean the written
and graphic materials referred to in this definition.
See "lot, double frontage."
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control to runoff to
minimize erosion and sedimentation during and after construction or
development.
Any ditch, gutter, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of carrying, diverting
or controlling surface water or groundwater.
The lands required for the installment of storm sewers or
drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
The number of dwelling units or units of occupancy per acre,
exclusive of street rights-of-way.
A right granted for limited use of private land for public
and quasi-public purposes including such things as utilities and drainage.
An exit.
The Elk County Comprehensive Plan (1999 update) and any amendments
or updates thereto.
The Office of Planning for the County of Elk.
The reference number by which initial applications and subsequent
additions are cataloged at the Elk County Planning Commission.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
A plan showing all present and proposed grades and facilities,
remedies for stormwater, drainage, erosion and sediment controls and
which is in accordance with this Chapter.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Permission to depart from the design standards in this Chapter.
See "modification of regulation."
The vertical location above some elevation point of the ground
surface prior to excavating or filling.
Access lanes leading to and from a limited access highway.
A line, radial or perpendicular to the street center line,
as each end of the frontage, extending from the right-of-way line
to the curbline.
See "manufactured housing."
See "agriculture land."
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting there from. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
See "plan, final."
Financial security shall be in the form of a bond froth a
bonding institution authorized to conduct business in the Commonwealth
of Pennsylvania. Federal or Commonwealth chartered institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security. Also see
"performance guarantee."
A way cleared of obstacles and vegetation at all times so
as to allow ingress and egress for vehicles during a fire emergency.
A lot that has an L-shaped or flag configuration with one
side abutting a public road. Such configuration typically has a large
lot width along the rear property line.
The are of inundation which functions as a storage or holding
area for floodwater to a width required to contain a base flood of
which there is a 1% chance of occurring in any given year. The floodplain
also contains both the floodway and flood fringe. The floodway is
the channel of a watercourse and the adjoining land area which are
required to carry and discharge the base flood. The flood fringe is
the adjoining area that may be covered by water of the base flood.
The location of a floodplain shall be established in accordance with § 215,
and may include an area of greater magnitude than the base flood if
a greater flood hazard area is designated by a municipal ordinance.
Any combination of structural and/or nonstructural provisions,
additions, changes or adjustments to structures or contents that are
designed or adapted primarily to reduce or eliminate flood damage
to those structures or contents.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of the one-hundred-year
magnitude.
The elevation of the lowest level of a particular building,
including the basement.
That side of a lot abutting on a street; the front lot line.
A right-of-way reserved for the future improvement of a street.
A plan showing all existing ground features and proposed
grading, including existing and proposed surface and subsurface drainage
facilities, described by grades, contours and topography.
A street of less than the required right-of-way and/or cartway
width, such as a street built from the shoulder edge to the eventual
edge to the eventual center line. See also "street."
Any building, site, structure, object, district or area that:
The anticipated opening year of a development, assuming full
build out and occupancy.
A fee imposed on a development to help finance the cost of
improvements or services.
A body of water, such as a pond, confined by a darn, dike,
floodgate or other barrier.
Those physical additions and changes to the land that may
be necessary to produce useable and desirable lots.
An area that contain 80% or more of the trips that will be
attracted to a development site.
Access or entry.
A grade-separated, bridged system of access to and from highways
where vehicles may move from one roadway to another without crossing
streams of traffic.
See "lot, interior."
The location where two or more roadways cross at grade without
a bridge.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
"Land development" does not include development that involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of any accessory building, including farm building,
on a lot or lots subordinate to any existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise that would be considered an amusement park.
For the purposes of this subsection, amusement park is defined as
a tract or area used principally as a location for permanent amusement
structure or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
A lot or parcel of land without direct access to a public
road.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee, if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A landscape artist registered by the Commonwealth of Pennsylvania.
A contractual agreement for the use of lands, structures,
buildings or parts thereof for a fixed time and consideration.
A measure of the effect of traffic on the capacity of a road.
For the purpose of this Chapter, the term local municipality
shall mean the Borough, Township or City wherein the subdivision under
consideration is located. Its meaning also includes any municipal
authority or private agency that may be asked to accept improvements
required by this Chapter.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The total area contained within the property lines of the
individual parcels of land as shown on a subdivision plan, excluding
space within any street rights-of-way, but including the area of any
easement.
The average distance measured from the front lot line to
the rear lot line.
The length of the front lot line measured at the street right-of-way
line.
A lot described in a deed or shown on a plan of lots which
has been recorded in the office of the Recorder of Deeds of Elk County,
Pennsylvania.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot at the minimum required building setback line.
A lot abutting upon two or more streets at their intersection,
the front of which shall be considered to be the frontage of least
dimension on a street, except that where any two frontages shall each
exceed 150 feet in length, either frontage may be designed as the
"front" of the lot.
An interior lot which abuts streets in both the front and
rear.
A lot having side lot lines which do not abut on a street.
The distance between the side lot lines measured at the building
setback line.
A lot of record at the time of the adoption of this Chapter,
which by reason of area or dimension does not conform to the requirements
of this Chapter.
A lot extending between and having frontage on an arterial
street and a local access street, and with vehicular access solely
from the latter.
Any security, other than cash, which may be accepted by the
City for the maintenance of any improvements required by this Chapter.
Any subdivision not classified as a minor subdivision.
A transportable, factory-built, single-family dwelling intended
for permanent occupancy, contained in one unit or in two or more units
designated to be joined into one integral unit capable of again being
separated for repeated towing, which arrives at a site complete and
ready for occupancy except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used without
a permanent foundation. These structures meet the National Manufactured
Home Construction and Safety Standards Act (42 U.S.C. § 540.1),
commonly known as the HLTD (U.S. Department of Housing and Urban Development)
code.
A wood or metal stake placed to designate the boundary and
corners of lots in the subdivision of land for the purpose of reference
in land and property survey and facilitate the sale of lots.
A linear measure equal to 5,280 feet, 1,760 yards or 1.6
kilometers.
The subdivision of land into not more than four parcels,
including the residual tract, whether or not any of the lots are located
on an existing improved street, that does not involve: installation
of improvements as required by this chapter, extension of utilities,
adverse effect to adjoining properties or conflict with the Comprehensive
Land Use Plan and any portion of this chapter or other state, county,
City or municipal ordinances, laws or regulations.
[Amended by Ord. No. 323, 3/15/2021]
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single manufactured housing.
The part of a mobile home lot which is reserved for the placement
of the manufactured housing.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of manufactured housing.
Permission to depart from the requirements of an ordinance
with respect to the submission of required documents. Approved by
City Planning Board and City Council.
A concrete, stone or other permanent object placed to designate
boundary lines, corners of property and rights-of-ways of streets
and utilities, for the purpose of reference in land and property survey.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and appointed by the local government as the Municipal
Engineer.
The council and appointing authority of a general purpose
unit of government.
The planning agency appointed by the municipal governing
body.
Act of Assembly of July 31, 1968, P.L. 805, as amended. Commonly
referred to as the "MPC" or Act 247, revised in Act 170, 1988 and
subsequent amendments.
Any City, Borough, Township or other similar general purpose
and unit of government excluding County government.
Vehicle trips passing within the study area as defined in
the traffic impact study that do not enter or exit the site and are
generally the result of through traffic and traffic generated by other
developments.
An ordinance adopted and amended from time to time pursuant to Article V of the Pennsylvania Municipalities Planning Code by the City of St. Marys as appropriate containing a drawing or drawings that show the precise location of future road rights-of-way or lands to be publicly acquired either through purchase or dedication and which is used to facilitate the proper placement of structures in relation to future property lines.
A flood that, on the average, is likely to occur once every
100 years. See "floodplain."
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners, occupants
and their guests of land adjoining or neighboring such open space.
See "common open space."
A contiguous lot or tract of land owned and recorded as the
property of the same persons or controlled by a single entity.
The hour during which the heaviest volume of traffic occurs
on a road.
A right-of-way, publicly or privately owned, intended for
human movement by walking.
See "soil percolation test."
Any security which may be in lieu of a requirement that certain
improvements be made before the City and/or local municipality approve
a final subdivision or land development plan, including cash, performance
bonds, escrow agreements, letters of credit and other similar collateral
or surety agreements. See "financial security."
An individual, partnership, corporation or other legally
recognized entity.
A drawing together with supplementary data, that describes
property.
PLAN, FINALA complete and exact subdivision plan prepared for official recording as required by statute and this Chapter.
PLAN, PRELIMINARYThe preliminary drawing indicating the proposed layout of the subdivision to be submitted to the County of Elk for consideration, as required by this Chapter.
PLAN, RECORDA final plan which contains the original endorsement of the municipality and the Commission, which is intended to be recorded with the Elk County Recorder of Deeds.
PLAN, SKETCHAn informal plan not necessarily to scale indicating salient exiting features of a tract and its surroundings and general layout of the proposed subdivision.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988 and such other amendments to same
as may be adopted from time to time.
The Planning Commission of the City of St. Marys, Pennsylvania.
The City of St. Marys planning office.
A plan for controlling erosion and sediment during construction
which shall provide all steps, including scheduling, to assure erosion
and sediment control during all phases of construction, including
final stabilization.
The map or plan of a subdivision or land development, whether
preliminary or final.
Parks, playgrounds and other public areas including scenic
and historic sites, and sites for schools, sewage treatment, refuse
disposal and other publicly owned or operated facilities.
A formal meeting held pursuant to public notice by the City
of St. Marys or the City Planning Commission, intended to inform and
obtain public continent, prior to taking action in accordance with
this Chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. §§ 271
et seq.
Notice as required under the provisions of the Pennsylvania
Municipalities Planning Code.
The one-hundred-year-flood elevation plus a freeboard safety
factor of 1 1/2 feet.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion process.
A narrow parcel of ground having inadequate area for building
purposes separating a street or a proposed street from other adjacent
properties.
See "deed restriction."
Any subdivision or transfer of land, laid out on a plan which
has been approved by the City of St. Marys which changes or proposes
to change property lines and/or public right-of-way not in strict
accordance with the approved plan. See "subdivision replat."
A reservoir designed to retain stormwater runoff with its
primary release of water being through the infiltration of said water
into the ground.
A lot extending between, and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
later.
The organization responsible for the review and approval
of subdivision and land development plans as required by this Chapter.
In most casts will be the staff of the City of St. Marys Planning
Commission.
Land dedicated for use as a public street, alley or crosswalk,
which may also be used by sewer, water, storm sewer, electric, gas,
telephone and cable system(s).
The rate of rise and fall of a road's surface, measured along
the profile of the center line of the cartway.
The surface water discharge or rate of discharge of a given
watershed after a fall or rain or snow that does not enter the soil
but runs off the surface of the land.
The Secretary of the City of St. Marys Planning Commission.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
A watertight tank in which raw sewage is broken down into
solid, liquid and gaseous phases to facilitate further treatment and
final disposal.
The line within a property defining the required minimum
distance between any structure and the ultimate adjacent right-of-way
and the line defining side and rear yards where required. See § 805.
A system of piping tanks or other facilities serving a lot
and collecting and renovation of sewage in whole or in part into the
soil.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to central treatment and disposal
plant.
Vehicle trips entering and exiting the site which were using
the facility on the adjacent streets and therefore did not generate
new trips on the road.
The portion of roadway (cartway) between the curb or gutter
and the travel-way intended for emergency and parking use.
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon.
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for onsite sewage disposal.
The most recent edition of the Soil Survey of Elk County,
Pennsylvania, published by the U.S. Department of Agriculture, Soil
Conservation Service.
The staff of the City of St. Marys Planning Commission.
Those controls and measures (e.g., storm sewers, berms, terraces,
bridges, dams, basins, infiltration systems, swales, watercourses
and floodplains) used to implement a stormwater management program.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways or strips of land
used or intended to be used by vehicular traffic or pedestrians whether
public or private, and including the entire right-of-way. Particular
types of streets are further defined as follows:
COLLECTORThis class of road serves the internal traffic movement within the municipality and connects developed areas with the arterial system. They do not accommodate long, through trips and are not continuous for any appreciable length. The collector system is intended to simultaneously supply abutting property with the same degree of land service as a minor street and accommodate local internal traffic movement.
COMMERCIALCommercial roads service areas whose predominate use is commercial. In function, design and specification they will be considered as a collector street.
INDUSTRIALIndustrial roads are primarily designed to serve industrial and manufacturing development. These roads will be designed to accommodate extensive truck traffic of all types.
LOCAL and MINORThe minor streets' sole function it to provide access to immediately adjacent land.
MINOR ARTERIALArterials bring traffic to and from the expressway and serve major movements of traffic within or through the areas not served by expressways. They serve primarily to move traffic, but also perform a secondary function of land service.
PRINCIPAL ARTERIAL or EXPRESSWAYThis class of highway facility is devoted entirely to the task of moving large volumes of traffic and performs little or no land service function. It is generally characterized by some degree of access control. Normally, classification should be reserved for multilane, divided roads with few, if any, grade intersections.
RURAL RESIDENTIAL LANEA street serving a very lowdensity area (minimum two acre zoning). The maximum ADT level limits the number of single-family homes on this road to 20. Lanes shall be designed as a two lane street.
An imaginary line which passes through the middle of the
right-of-way and the cartway simultaneously, or which is in the center
of the right-of-way in cases where the cartway is not centered in
the right-of-way.
The right-of-way of any given street.
Anything constructed or erected, the use of which requires
a fixed location on the ground or an attachment to something having
a fixed location on the ground including, in addition to buildings,
billboards, carports, porches, swimming pools and other building features
but not including sidewalks, drives, fences and porches without a
roof or enclosed sides.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other division
of land including changes in existing lot fines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development:
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
The combining of individual recorded lots to form a single
tract in single ownership. Not considered a subdivision or land development.
See "assemblage; consolidation."
See "major subdivision."
The change of a lot line between two abutting existing parcels
not intended to create a new parcel and where such lot line is in
full compliance with this Chapter, any local zoning ordinance and
related ordinances, rules and regulations of the City of St. Marys.
A replat involves the creation of new lots or involves more than two
lots shall be treated as major or minor subdivision.
Where, in the judgment of the City Engineer of local municipal
engineer, at least 90% (based on the cost of the required improvements
for which financial security was posted) of those improvements required
as a condition for final approval have been completed in accordance
with the approved plan, so that the project will be able to be used,
occupied or operated for its intended used.
A plan showing all present and proposed grades and facilities
for stormwater drains.
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
A temporary circular turnaround at the end of a road which
terminates at or near the subdivision boundary bordering undeveloped
land.
Surface soils and subsurface soils that normally are fertile
soils and soil material, ordinarily rich in organic matter of humus
debris. Topsoil is usually found in the uppermost soil layer called
the A Horizon.
See "lot."
A portable, vehicular structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term use.
A single or one-directional vehicle movement.
Any lot, tract or parcel of land that has not been graded
or in any other manner prepared for the construction of a building
or other improvement.
A part of the property, structure or building designed or
intended for any type of independent use, which has direct exit to
a public street or way, or to an easement or right-of-way leading
to a public street or way, and includes a proportionate undivided
interest in the common elements, which is assigned to the property,
structure or building.
An allocation of space within a building or structure that
is independent of other such space and that constitutes a separate
use. This shall include both fee simple ownership and leaseholds.
A utility line between a main line, located in a utility
easement or street right-of-way, and the building that the line serves.
A plan to show all existing and proposed fire hydrants, water
and sewer fines, storm sewer fines, storm, sewer lines, gas and electric
lines and streetlighting.
The maximum number of vehicles that can be expected to pass
over a given section of roadway or on a specific lane.
Permission to depart from the requirements of an ordinance
with respect to the submission of required documents. See "modification."
A permanent stream, river, brook, creek, or a channel, drain
or ditch for water, whether natural or man-made.
Any water works, water supply works, water distribution system
or part thereof, designed, intended or constructed to provide or distribute
potable water.
All land and water within the confines of a drainage basin.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the City of St. Marys.
Areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances to support, a prevalence of vegetation typically
adapted for life in saturate soil conditions, including swamps, marshes,
bogs and similar areas.
[Ord. 173, 3/3/2003, § 201]
No subdivision or land development of any lot, tract or parcel
of land shall be made; and no street, sanitary sewer, storm sewer,
water main or other improvements in connection therewith shall be
laid out, constructed, opened or dedicated for public use or travel
or for the common use of occupants or buildings abutting thereon,
except in accordance with the provisions of this Chapter.
[Ord. 173, 3/3/2003, § 202]
No lot shall be sold and no building shall be erected in any
subdivision unless the subdivision plan has been approved and recorded,
and all required improvements have been completed, and accepted by
the City, or guaranteed by a bond/surety as set forth by § 217
of this Chapter.
[Ord. 173, 3/3/2003, § 203]
Developers are reminded of their obligation under Chapter 71,
Subchapter C, of the Pennsylvania Code relative to Act 537, New Land
Development Plan Revision. The developer should consult with the City,
the City's Sewage Enforcement Officer and the Department of Environmental
Protection to determine the requirements of same.
[Ord. 173, 3/3/2003, § 204]
The proposed land use shall conform to all provisions of the City Zoning Ordinance [Chapter 27].
[Ord. 173, 3/3/2003, § 205]
Lot lines shall be laid out as follows:
[Ord. 173, 3/3/2003, § 206]
Unless otherwise provided, all streets shall be dedicated to
public use, and shall be laid out and constructed in accordance with
the following requirements:
A.
Dedicated streets shall be shown on separate street plans, and a
deed of dedication shall be given to the City upon final approval
and completion of all street improvements, but such street shall not
become public streets until formally accepted by the City.
B.
All dedicated streets in and bordering the subdivision shall be coordinated
and conform to all local and State regulations.
C.
No dedicated street shall be laid along or within 50 feet from a
subdivision boundary line in such manner as to prevent access to the
street from land adjoining the subdivision, unless this restriction
is waived by City Council.
D.
Dedicated streets shall be constructed in accordance with specifications
contained in PennDOT Publication 70 and approved by the City Engineer.
Dedicated streets must be inspected by the City Engineer and/or Inspector
during construction of improvements. The City Inspector shall provide
a certification for each stage of construction that the improvements
meet the City standards.
E.
Street name signs conforming to City specifications and displaying
names approved by the City shall be erected at all road intersections.
F.
At the time that a deed of dedication for any proposed public street
is offered to the City, the developer shall also provide a written
warranty, on a form satisfactory to the City, that the developer will
pay for all costs to remedy any defect in the street which occurs
within one year after the deed of dedication is accepted by the City.
The City may require some form of security to guarantee that the developer
has the financial ability to comply with the warranty.
[Ord. 173, 3/3/2003, § 207]
Private streets (excluding streets intended to be dedicated)
may be allowed, subject to the following conditions:
A.
The street shall conform, at a minimum, to City standards for unpaved
streets, as established from time to time by resolution of City Council;
provided, however, that the street need not conform to such standards
if all lots served by the street have a frontage in excess of 200
feet.
B.
The applicant shall submit a plan, and a copy of all proposed documents,
showing that maintenance and snow plowing of the street will be permanently
and continuously provided and, where applicable, establishing a uniform
and reasonable procedure for payment of the costs of maintenance and
snow plowing by the owners of property abutting the street.
C.
Deeds for property abutting a private road shall contain a statement
that the street is private street and that the City has no responsibility
for its maintenance.
D.
Private streets shall at all times be maintained in a condition sufficient
to permit safe access by emergency vehicles.
[Ord. 173, 3/3/2003, § 208]
1.
All streets dedicated for public use shall have a minimum right-of-way
width of 50 feet.
2.
Private streets serving three or more lots shall have a minimum right-of-way
width of 50 feet. The City may require a minimum right-of-way width
of 50 feet where there is a reasonable likelihood of further subdivision
or extension of the street to serve other properties, where the street
is likely to be dedicated to public use in the future, or where other
similar circumstances are likely to occur.
[Ord. 173, 3/3/2003, § 209]
Alleys may be allowed under the following conditions:
A.
When desirable for delivery service or access to the rear of a lot.
B.
Alleys shall be constructed with a firm base and top surface, and
may be required to be paved, as required by the City Engineer in accordance
with PennDOT Publication 70.
C.
Alleys shall have a minimum width of 15 feet.
D.
Alleys shall be provided with a storm drainage system that complies
with all local, State and Federal regulations.
[Ord. 173, 3/3/2003, § 210]
Sewage shall be disposed of as follows:
A.
Any subdivision which adjoins land served by the City sanitary sewer
system shall be connected to the system unless such connection is
physically infeasible or the cost of connection and operation of the
sewer system for the subdivision would be unreasonably expensive in
the judgment of the consulting engineers for the St. Marys Sewer Authority.
B.
A sanitary sewer system to be connected to the City sewer system
shall be constructed in accordance with the specifications and regulations
for construction of extensions to the City sanitary sewer system.
C.
Where a lot in a subdivision is intended to be served by an individual,
onsite sewage disposal system, such lot shall not be sold, leased,
transferred or used until the developer has secured approval from
the City Sewage Enforcement Officer or the Department of Environmental
Protection that the lot is suitable for the installation of an onsite
sewage disposal system.
D.
Community sewage disposal systems shall be constructed in accordance
with regulations of the Department of Environmental Protection.
[Ord. 173, 3/3/2003, § 211]
Water supply shall be furnished as follows:
[Ord. 173, 3/3/2003, § 212]
Storm and surface water shall be disposed of as follows:
A.
Lots shall be laid out and graded to provide drainage away from all
buildings.
B.
All plans shall incorporate a plan for the control and removal of storm and surface water and shall be so designed in accordance with the City Stormwater Management Ordinance [Chapter 26].
C.
The stormwater sewer system shall be completely independent of the
sanitary sewer system and shall be so located and designed as to minimize
the possibility of infiltration into the sanitary sewer system.
D.
Catch basins and other types of surface inlets shall be provided
by the developer where directed by the City.
E.
Materials used for storm sewer construction shall meet all of the
requirements and standard specifications for stormwater facilities
established by the Pennsylvania Department of Transportation, as well
as any requirements of the City. All materials shall be provided by
the developer.
F.
All storm drainage systems shall comply with all Federal, State and
local regulations pertaining thereto.
[Ord. 173, 3/3/2003, § 213]
Sidewalks may be required when necessary for public safety.
All sidewalks must be constructed and located in compliance with City
standards.
[Ord. 173, 3/3/2003, § 214]
Streetlights shall be placed at each intersection of streets
within and adjacent to the subdivision and at each cul-de-sac. Streetlights
shall also be required along public streets at intervals not exceeding
250 feet. The application for plan approval shall indicate whether
the developer proposes to dedicate the streetlight system to the City.
[Ord. 173, 3/3/2003, § 215]
Any proposed subdivision which lies partially or totally within
a floodprone area, as defined on the Flood Hazard Boundary Map provided
by the Federal Insurance Administration, shall meet all of the following
requirements:
A.
Water supply systems and sanitary sewage treatment shall be designed to minimize or eliminate infiltration of flood water into the systems and discharges from the systems into flood water, as required by the City of St. Marys Zoning Ordinance [Chapter 27].
B.
All public utilities and facilities shall be located and constructed to minimize or eliminate flood damage, as required by the City of St. Marys Zoning Ordinance [Chapter 27].
C.
All applications for subdivision approval shall contain base flood
elevation data.
D.
If development in the subdivision will alter or relocate any portion
of any watercourse, the applicant shall provide assurances that the
flood carrying capacity of the watercourse shall be maintained.
E.
An applicant may apply for a variance from floodplain management
requirements according to the procedure set forth in § 221(6)
thereunder, but such variance shall not be granted unless the rules
and regulations of the Federal Insurance Administration shall be first
satisfied.
F.
Prior to any proposed alteration or relocation of any stream or watercourse,
the developer shall notify any adjacent municipalities affected and
shall forward copies of the notifications to both the Federal Insurance
Administration and the Department of Community Affairs. The developer
shall also first obtain the permits of any other State agencies having
jurisdiction over the proposed alteration or relocation.
G.
At the time of application, the developer shall submit such special
permits, if any, as may be required by any government agencies having
jurisdiction over the project.
[Ord. 173, 3/3/2003, § 216]
1.
Twenty copies of all plans shall be drawn on a scale not less than
100 feet to the inch, and except as otherwise provided herein, shall
be prepared and signed by a registered land surveyor.
2.
Where new roads are involved, six copies of separate road plans shall
be furnished with the final plan.
3.
Where only one private road is involved, serving not more than two
lots, only a final plan, drawn to scale, shall be required.
4.
All plans shall include a planning module for sewage disposal as
required by the Code Enforcement Department.
[Ord. 173, 3/3/2003, § 217]
1.
Improvements.
A.
The developer shall, for all major subdivisions, agree to complete
all improvements in accordance with these regulations or such other
improvements as the City may require in the public interest as a prerequisite
to approval of the final plan.
B.
No plan shall receive final plan approval by the City Council unless
the developer shall have completed all improvements as required by
these regulations or shall have filed a completion bond with appropriate
surety or other assurances guaranteeing the completion of such improvements
(see § 217(2) below).
C.
Upon completion of the improvements in accordance with the specifications
of this Chapter and upon final approval thereof by the City, the developer
shall take the final steps to dedicate the improvements and have the
same accepted by the City.
D.
Improvements shall include, but not necessarily be limited to, the
following:
(1)
Monuments and markers.
(2)
Grading, streets, curbs and walks, as required.
(3)
Sanitary sewers.
(4)
Water service, including fire hydrants.
(5)
Storm drainage, as required.
(6)
Erosion and sedimentation control measurers, as required.
(7)
Streetlighting, where required.
(8)
Street signs.
(9)
Utility services as set forth in the final plan.
2.
Performance Assurance.
A.
An assurance of proper completion of the improvements in the subdivision
shall be made by one of the following methods, or such other method
as shall be satisfactory to the City:
(1)
A bond, irrevocable letter of credit, restrictive or escrow
account, certified check or other security satisfactory to the City
in accordance with § 509 of the Planning Code, which shall
run or be made payable to the City.
B.
The amount of the assurances shall be in an amount determined to
equal 110% of the cost of the required improvements in accordance
with § 509 of the Planning Code.
C.
The bond, certified check or other security shall specify the time
for the completion of the required improvements. Shall not exceed
two years. When the improvements have been completed and approved
by City Council, the guarantee shall be released and returned. When
the portion of the required improvements has been completed and approved
by City Council, a portion of the bond, moneys or security commensurate
with the cost of the improvement may be released and returned in accordance
with § 509 of the Planning Code.
D.
In the event that cash or its equivalent is improvement guarantee,
it shall be held in an escrow bearing interest to the credit of the
developer, but to pay all costs for the maintaining of such escrow
fund.
E.
For circumstances relating to performance assurance not specifically
delineates in this Chapter, it is the intention of the City of St.
Marys to follow in the guidelines and procedures as set forth by § 509(k)
of the Planning Code.
[Ord. 173, 3/3/2003, § 218]
The preliminary plans shall show:
A.
The existing boundary lines of the development and total acreage.
B.
All existing and proposed roads.
C.
Existing or proposed storm sewers.
D.
Proposed sanitary sewers and existing sewers on or adjacent to the
development.
E.
Watercourses and natural drains, pools and flood one areas, as well
as areas which are subject to subsidence or underground fires.
F.
Existing utility lines on or adjacent to the development.
G.
Lot layouts.
H.
Open space area, if any.
I.
The topography of the land to be developed.
J.
Name of the applicant or of the subdivision.
K.
Signatures and seals of a registered land surveyor preparing the
plan (§ 218).
[Ord. 173, 3/3/2003, § 219]
The final plan shall be drawn to scale, with table drafting
techniques, and shall provide all data required for a preliminary
plan, and in addition show:
[Ord. 173, 3/3/2003, § 220]
1.
A preliminary plan or a final plan, if a preliminary plan is not
required, shall be accompanied by an application for approval addressed
to the Planning Commission and setting forth the following information:
A.
Name and address of the applicant.
B.
The applicant's interest or title, by reference to recorded documents.
C.
Legal description of the land, and total area.
D.
The zoning classification of the land.
E.
The number of building lots.
F.
Disposition of sewage and surface water.
G.
The public utilities available.
H.
The number and type of buildings, if any, proposed to be erected
by the applicant.
I.
Any building and use restrictions to be imposed by the applicant.
J.
Suggested names for roads.
K.
Signatures and seals of a registered land surveyor preparing the
plan (§ 218).
2.
In the case of development plans which shall call for a staged development
over a period of years, a schedule shall be attached to the application
showing the sections of the development encompassing each stage of
development, the proposed times within which the application for final
approval of all sections of the planned residential development are
intended to be filed and the schedule shall be updated annually on
the anniversary of its approval until the development is completed
and accepted.
[Ord. 173, 3/3/2003, § 211]
The procedure for processing applications and plans shall be
as follows:
A.
Initiating Procedure; All Plans.
(1)
All applications and plans shall be presented to the City Manager
who shall immediately refer to the Zoning Officer.
(2)
If the application and plans are in the required form and do
not violate zoning regulations, the Zoning Officer shall immediately
refer them to the City Planning Commission. Otherwise, he shall return
them to the applicant with the written statement of his objections.
(3)
If the application and plans are not objectionable, the City
Manager shall forward copies of the plan and application to all agencies
or officials having jurisdiction over the plan including, but not
limited to, the Sewage Enforcement Officer, the City Council, the
Elk County Soil Conservation District, and the Elk County Planning
Commission.
B.
Preliminary Plans.
(1)
Where the application and plan submitted by the applicant is
a preliminary plan, the City Planning Commission shall take action
on the application and plan within 90 days after receiving the application
from the Zoning Officer, and within 15 days thereafter give the applicant
and the Council a written notice of its decision by personal service
or certified mail as required by § 508 of the Code.
(2)
If the City Planning Commission fails to act upon the application
within the said 90 days, the preliminary plan is deemed to be approved
by the Planning Commission. It shall then be the duty of the applicant
to present a final plan and application for approval.
C.
Final Plans.
(1)
When the applicant presents a final plan and application for
final approval, the City Planning Commission shall take action upon
the application and plan within 90 days after the application is received
from the Zoning Officer. Within 15 days after taking action, the City
Planning Commission shall give the applicant and the City written
notice of its decision by personal service or by certified mail, as
required by § 508 of the Code.
(2)
If the City Planning Commission fails to act upon the application
within said 90 days, the plan is deemed to have received final approval
by the City Planning Commission.
(3)
After action by the City Planning Commission on the final plan,
or upon request of the Council after inaction by the City Planning
Commission, the Planning Commission shall immediately deliver six
copies of the application and plan to the City Council with a copy
of their final decision and recommendation of approval or disapproval,
if such a decision and recommendation have been made.
(4)
After receipt of the copies of the final plan and other documents
related thereto from the City Planning Commission, City Council shall
promptly either approve or disapprove the final plan.
(5)
If the final plan is approved by City Council, they shall note
their approval on the final plan and deliver two copies of the approval
plan to the applicant. The developer shall within 90 days of final
approval record such plan in the office of the Recorder of Deeds of
Elk County and furnish the City with a certificate that the plan was
recorded as submitted.
(6)
If the City Council refuses approval of the final plan, they
shall within 15 days notify the applicant in writing, by personal
service or by certified mail as required by § 508 of the
Code.
(7)
No plans shall be finally approved until the report from the
Elk County Planning Commission is received or until 30 days from the
date the application was submitted to the Elk County Planning Commission
or within such other period as may from time to time be fixed by the
Planning Code.
(8)
Failure of the City Council to render a decision and communicate
it to the applicant within 90 days from the date of original filing
of any plan or within such greater time as may from time to time by
fixed by the Planning Code shall be deemed to be an approval of the
application and final plan subject to completion or guarantee of improvements,
unless the applicant has agreed, in writing, to an extension of time.
[Ord. 173, 3/3/2003, § 222]
The Planning Commission and the City shall have the power to
alter the site requirements for a particular development and may impose
restrictions on the use of area within a development where the nature
of the terrain or location of the site or area within a development
indicates that there is a danger of subsidence, erosion or mudslides
if improperly developed. The developer shall provide reasonable proof
that a site or area is not in danger of subsidence, erosion or mudslides
if the Planning Commission or the City reasonably believes that such
a danger exists.
[Ord. 173, 3/3/2003, § 223; as amended by Ord. No. 323, 3/15/2021]
1.
Applicability. In lieu of the application procedure set forth in
§§ 218 through 222 above, applications for minor subdivision
approval may follow the procedures set forth in this section.
2.
Preliminary
Plan. No preliminary plan shall be required for a minor subdivision.
3.
Final Plan. The final plan for a minor subdivision shall require
a subdivision plat prepared by a registered land surveyor and all
of the items required for a preliminary plan set forth in §§ 218
and 220 and blocks for review by the County Planning Commission and
approval by the City Planning Commission.
4.
Final Approval. No preliminary approval shall be required for a minor
subdivision. The final plan shall be approved by the City Planning
Commission.
5.
Additional Requirements. The Planning Commission may require an applicant
for minor subdivision approval to provide such additional information
and data and meet such additional requirements as may be deemed necessary
for the adequate review of the plan and protection of the interests
of the public and surrounding properties.
6.
Appeal.
Any person aggrieved by a decision of the City Planning Commission
relating to a minor subdivision may file an appeal with City Council
within 30 days after the decision is rendered. Procedures for such
appeals shall be governed by the Pennsylvania Local Agency Law.
[Ord. 173, 3/3/2003, § 224]
Fees for examination, inspection and approval of subdivision
plans shall be as established by resolution of City Council.
[Ord. 173, 3/3/2003, § 225]
1.
Filing Fee and Review. The filing and review fees shall be established
by resolution of City Council. Such filing fees and review fees shall
include those for mobile home parks and land development, to include
the field of inspection of such plans or site plans or their final
inspection. The fees charged shall be reasonable.
2.
Records. The City shall maintain an accurate public record of all
upon which it takes action and of its findings, decisions and recommendations
in relation thereto.
3.
Validity. Should any Section or provision of this Chapter be held
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder of this Chapter.
4.
Preventive Remedies.
A.
In addition to other remedies, the City may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from any violation or from
the remedies herein provided.
B.
The City may refuse to issue any permit or grant any approval necessary
to further improve or develop any real property which has been developed
or which has resulted from a subdivision of real property in violation
of this Chapter or preceding regulation of the City of St. Marys.
This authority to deny such a permit or approval shall apply to any
of the following applicants.
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
|
As an additional condition for issuance of a permit or the granting
of any approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the City may require
compliance with the condition that would have been applicable to the
property at the time the applicant required an interest in such real
property.
|
5.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
the provisions of this Chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the City, pay a judgment
of not more than $500 plus all court costs, including reasonable attorney
fees incurred by the City as a result thereof. No judgment shall commence
or be imposed, levied or be payable until the date of the determination
of a violation by the district justice. If the defendant neither pays
nor timely appeals the judgment, the City of St. Marys may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the district justice determines that there has been no violation.
Further determines that there was a good faith basis for the person,
partnership or corporation violating this Chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice
and thereafter each day that a violation continues shall constitute
a separate violation.
B.
Nothing contained in this Chapter shall be construed or interpreted
to grant to any person or entity other than the City the right to
commence any action for enforcement pursuant to this Chapter.
[Ord. 173, 3/3/2003, § 226]
1.
Mobile Home Park Control.
A.
No mobile home park shall be construed, remodeled or altered and no existing reestablishment shall be converted to a mobile home park unless a mobile home park plan received a final approval of the City, and the applicant has been granted a license to operate the mobile home park by City Council pursuant to the City Mobile Home Park Ordinance [Chapter 14, Part 1].
B.
All mobile home parks shall meet the following requirements:
(1)
The park shall have an area of at least five contiguous acres
of land.
(2)
Exposed ground surface in all parts of every park shall be paved,
or covered with stone screenings or other solid material, or protected
with a vegetative growth that is capable of preventing soil erosion
and the emanation of dust during dry weather.
(3)
The park shall comply with all of the rules and regulations
of the Department now or hereafter adopted.
(4)
The park shall conform to all requirements of the City of St. Marys Zoning Ordinance [Chapter 27], with the exception of lot size, yard requirements and density as herein specified.
(5)
No dependent mobile home or recreation vehicle shall be used
for habitation within the park.
2.
Size and Density of Lots. Shall be as follows:
A.
Each lot shall have an average gross area of at least 3,000 square
feet.
B.
The total number of lots in a park shall not exceed an average density
of eight per acre.
C.
Each lot shall provide an adequate foundation for the placement of
the mobile home, and in such position as to allow a minimum of 10
feet between the mobile home and the driveway to the park road which
serves the lot.
3.
Setbacks and Buffer Strips. Setbacks and buffer strips are required
as follows, unless otherwise required by regulations of the Department:
4.
Installation of Mobile Homes. Each mobile home in a mobile home park
shall meet the following construction requirements:
A.
It shall be installed upon, and securely fastened to, a frostfree
foundation or footer.
B.
An enclosure or skirting of compatible design and materials shall
be erected around the entire base.
C.
It shall be connected to water, electric and sewer systems, and to
such other utility services as are approved and available for the
mobile home lot.
5.
Screening and Fencing. A mobile home park located adjacent to industrial
or commercial land uses may be required to provide screening by natural
growth or fences along the boundary line.
6.
Dedicated Roads. All roads in the park may be required to be dedicated
to public use, subject to the following conditions:
8.
Off-Street Parking. Off-street parking shall be provided in the same manner as required in the R-U District, under the City Zoning Ordinance [Chapter 27].
9.
Sewage Disposal. A sewage system shall be provided for the disposal
of all sewage and wastewater, as follows:
A.
All lots and structures thereon shall be connected to the City sanitary
sewer system, if that system is available and the Sewer Authority
approves connections.
B.
Onsite sewage disposal systems shall be constructed in accordance
with the regulations of the Department of Environmental Protection.
C.
Each lot shall have a sewer riser pipe at least three inches in diameter,
and shall be plugged when a lot is unoccupied.
10.
Water Supply. A water supply for each lot shall be provided as follows:
A.
Where a public water system of satisfactory pressure and quantity
is available, a connection shall be made thereto and used exclusively,
otherwise all water used in the operation of the park shall be provided
from a supply approved by the Department.
B.
Individual water-riser pipes shall be located within the confined
area of the mobile home stand at a point where the water connections
will approximate a vertical position.
C.
The water-riser pipe shall have a minimum inside diameter of 1/2
inch and terminate at least four inches above the ground surface,
with a cap to close the pipe when a mobile home does not occupy the
lot.
D.
An approved shut-off valve below the frost line shall be provided
near the water-riser pipe on each mobile home lot.
11.
Drainage. Storm and surface water shall be disposed of in accordance
with § 211.
14.
Streetlights. Streetlights shall be required in all parks according
to the same standards as for streetlights in subdivision and shall
be installed in all parking having more than 25 lots.
15.
Utilities. All utilities shall be provided in accordance with the
applicable rules and regulations of that utility, the Public Utility
Commission and local codes.
16.
Disposal of Refuse and Garbage. Garbage and refuse shall be stored, collected and disposed of in accordance with the City ordinances [Chapter 20] regulating such matters, and the regulations of the Code Enforcement Department.
17.
Insect and Rodent Control. Grounds, buildings and structures shall
be maintained free of insect and rodent harborage and infestation.
18.
Floodplain Requirements. If any portion or all of a proposed mobile
home park lies within a floodprone area, as defined on the Flood Hazard
Boundary Map provided by the Federal Insurance Administration, such
mobile home park, or portion thereof, shall meet the following requirements:
A.
The portion of the mobile home park lying within the floodprone areas shall meet all of the requirements for floodplain management set forth in the City of St. Marys Zoning Ordinance [Chapter 27], particularly regarding the location and construction of public utilities and facilities, such as sewer, gas, electrical and water systems, so as to minimize or eliminate flood damage and prevent infiltration of flood water into such systems or discharges from such systems into flood waters.
B.
The applicant shall submit an evacuation plan indicating alternate
vehicular access and escape routes with appropriate disaster preparedness
authorities.
C.
The application shall include base flood elevation data.
D.
All mobile homes within the floodprone area shall be anchored in accordance with the provisions of the City of St. Marys Zoning Ordinance [Chapter 27].
E.
An applicant may apply for a variance from floodplain management
requirements according to the procedure set forth in § 211(6),
hereunder, but such variance shall not be granted unless all the rules
and regulations of the Federal Insurance Administration shall be first
satisfied.
19.
Plans. Plans of mobile home parks shall be prepared in triplicate
on a scale of not more than 100 feet to an inch, signed by a registered
land surveyor as follows:
A.
The original plan shall show;
(1)
All information as required by the City.
(2)
Name of mobile home park.
(3)
Name and address of owner of record and applicant.
(4)
North arrow, scale and date of plan preparation.
(5)
Number and size of mobile home plots.
(6)
Off-street parking spaces and open spaces.
(7)
Topography showing existing and proposed contours at intervals
of two or five feet, depending upon the slope of the land.
(8)
Any existing bodies of water or watercourses, floodplain areas
or tree masses.
(9)
Storm drainage and surface water drains.
(10)
Location of all water and sewer systems, existing and proposed.
(11)
All existing and proposed roads with data concerning pavement
widths, types and paving.
(12)
Location and dimensions of all pedestrians' ways and sidewalks.
(13)
Location, dimensions and proposed use of all service and accessory
structures.
(14)
Location of all fire extinguishers.
(15)
Block for approval by City and County Planning Commission and
approval by City Council.
20.
Processing Procedure. All applications and plans shall be presented
to the City Manager who shall process them as follows:
A.
Original applications and all plans shall be processed as provided
in § 220.
21.
Fees. Fees for examination, inspection and approval of mobile home
park plans shall be as established by resolution of the City Council.
22.
Preventive Remedies. The City may invoke any of the remedies described
in § 225(4) of this Chapter to cure any violation of this
Section.
23.
Enforcement Remedies. In addition to any preventive remedies described
above, the City may file a civil enforcement proceeding for any violation
of this Section in the same manner as provided in § 225(5)
of this Part.
