A. 
Other standards and requirements.
(1) 
The standards and requirements contained in this article shall apply as minimum design standards for subdivisions and/or land developments. Whenever other Borough ordinances, rules, resolutions, or regulations impose more restrictive standards and requirements than those contained herein, the more restrictive shall apply.
(2) 
Unless otherwise specified, all references in this chapter to documents, regulations, ordinances, rules and other material are to the latest edition, including amendments, replacements, revisions and/or superseding.
(3) 
Subdivisions and/or land developments shall be designed to comply with:
(a) 
Chapter 225, Zoning, of the Code of New Freedom Borough;
(b) 
New Freedom Borough Official Map;
(c) 
Rules and regulations of the New Freedom Borough Authority;
(d) 
New Freedom Borough standard construction documents;
(e) 
Regulations of Pennsylvania Department of Environmental Protection;
(f) 
Pennsylvania Department of Transportation Design Manual Part 2, Highway Design;
(g) 
AASHTO A Policy on Geometric Design of Highways and Streets;
(h) 
All applicable local, state and federal rules and regulations; and
(i) 
Commonly accepted engineering standards.
(4) 
Where no written standard applies, the development shall be designed to an acceptable industry standard as determined by the Borough Engineer.
(5) 
Whenever Chapter 225, Zoning, provides that the use proposed by the developer for subdivision and/or land development approval shall constitute a use by special exception or a conditional use, the plan shall be designed and developed in accordance with any conditions which have been imposed by the Zoning Hearing Board or the Borough Council, as applicable.
(6) 
Whenever the developer proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of Chapter 225, Zoning, the plan shall be designed and developed in accordance with any conditions which have been imposed upon the granting of such variance or variances by the Zoning Hearing Board.
(7) 
The developer shall obtain all required easements and rights-of-way to the satisfaction of the Borough. Under no circumstance shall the Borough be obligated to secure easements or rights-of-way. All easements and rights-of-way shall be in the form of a written agreement prepared to the satisfaction of the Borough.
(8) 
To the extent the design standards contained in this chapter differ (more or less restrictive) from the urban mixed use provisions of Chapter 225, Zoning, the standards of Chapter 225, Zoning, shall govern.
B. 
Environmental protection. Characteristics, such as site configuration, geology, soil, topography, body of water, ecology, vegetation, structures, road network, visual features and past/present use shall be considered in the design of the proposal. To the greatest extent possible, designs should preserve the natural features of the site, avoid areas of environmental sensitivity, and minimize negative impacts and alteration of natural features.
C. 
Land requirements. No subdivision and/or land development shall occur in such a way that would threaten the public health and safety, including hazards of toxic substances, traffic hazards, explosive hazards and/or fire hazards. Land shall be suitable for the purpose for which it is to be subdivided and/or developed. Land subject to hazardous conditions, such as open quarries, mines, mine shafts, sinkholes, limestone solution channels, unconsolidated fill, flooding, excessive erosion, unsafe water supply or hazardous or toxic site pollution, shall not be approved for subdivision and/or land development until the developer has provided, or has legally committed to provide, adequate measures to overcome or eliminate, mitigate and/or safeguard against such hazards, in the determination of the Borough Council, to the best of his knowledge. However, the Borough accepts no responsibility to identify or to guarantee its resolution.
D. 
Coordination with nearby development. A subdivision and/or land development and its street pattern shall be coordinated with existing or approved nearby developments or neighborhoods, to develop the area and the community harmoniously, and to prevent conflicts between neighboring development.
E. 
Design goals. The development shall be designed to minimize impervious cover and to mitigate adverse effects of shadow, noise, glare, odor, traffic, drainage, and utilities on neighboring properties.
F. 
Conformance with adopted plans. Design of the development shall take into consideration or, where required, comply with all adopted Borough, county and state plans for the Borough and surrounding community.
A. 
General.
(1) 
Arrangement of streets. Streets shall be designed to:
(a) 
Permit the safe, efficient, and orderly movement of vehicles and facilitate adequate access for emergency vehicles;
(b) 
Provide, when possible, two directions of vehicular access to and within a development;
(c) 
Meet the needs of the present and future population;
(d) 
Provide a simple and logical pattern;
(e) 
Function under a hierarchy system where the intensity of intersections decreases as traffic volumes and speed increase;
(f) 
Respect the natural features and topography;
(g) 
Present an attractive streetscape; and
(h) 
Harmonize with existing street forms and patterns.
(2) 
Street classification. Classifications for proposed streets are as follows:
(a) 
Arterial. A street used primarily for through traffic that maximizes mobility over land access through infrequent driveway intersections. This type of roadway typically connects urban centers with outlying communities and employment or shopping centers.
(b) 
Collector. A street used primarily for moving traffic from local streets to the major system of arterial streets and/or linking those streets to community-wide activity centers, including but not limited to the large residential developments, commercial and industrial areas, and smaller rural settlements.
(c) 
Local. A street used primarily for immediate access to adjoining land uses and generally separated from through traffic. These roads are generally intended for transportation within a particular neighborhood, serving internally developed areas, while in outlying rural areas, local roads tend to run for great distances and serve more individual properties.
B. 
Street function.
(1) 
Where the Borough deems appropriate, streets shall be designed to form continuations of streets with similar function and to access streets of a greater function.
(2) 
Local streets shall be laid out to discourage use as a collector street or arterial and discourage excessive speeds.
(3) 
Where vehicular circulation and safety considerations necessitate providing for street access to adjacent property, streets shall be extended by dedication to the boundary of such property. Streets shall provide an interconnected network for efficient trips within the neighborhood and more appropriately accommodating pedestrian- and bicycle-oriented trips.
(4) 
No vehicular access is permitted along an arterial street when alternative access is possible from a street of less classification.
(5) 
Access to arterial streets should be designed for use by adjoining properties to coordinate and reduce the number of access points. Shared access drives, feeder roads, marginal access streets, reverse frontage lots, or other such treatment should be utilized to reduce the number of intersections along arterial streets.
C. 
Street provisions for future development.
(1) 
Where the Borough deems appropriate, areas shall be reserved for future streets in conjunction with the development of adjacent land. Areas reserved for future streets shall include sufficient area to establish street and lot grades and the extent of area necessary to construct the street. The Borough may require the extension of sanitary sewer and water supply lines within the future street. An agreement satisfactory to the Borough shall be submitted for the construction and future removal of the temporary turnaround.
(2) 
Wherever there exists a dedicated or platted area reserved for future streets along the boundary of a property being developed, the adjacent street shall be extended into the proposed project.
(3) 
When connecting a proposed street to an existing temporary cul-de-sac, such connection, and all work required to restore the adjacent lots in the area of the existing turnaround, shall be the responsibility of the developer proposing the connection.
D. 
Street sign, traffic controls, and street names. Street signs, traffic controls and parking controls shall be constructed and installed by the developer according to the specifications of the Borough and PennDOT. Streets that are continuations of existing streets shall be known by the same name. Names for new streets shall not duplicate or closely resemble names of existing streets within the same postal area. All new street names are subject to approval of the Borough and, if applicable, the United States Postal Service and York County 911 Agency.
E. 
Vertical street alignment.
(1) 
Street grade. Vertical street alignments shall be measured along the center line. The minimum grade of all streets shall be 1% unless in a transition between a crest or sag. The maximum grade for streets shall not exceed 10%. Local streets, where access is also available over streets with 10% or less, may have grades up to 12%. A cul-de-sac street shall not exceed 10%, and the cross-slope of a turnaround shall not exceed 5%.
(2) 
Vertical curve. Vertical curves shall be used in changes of grade exceeding 1%. The minimum lengths (in feet) of vertical curves shall be according to AASHTO A Policy on Geometric Design of Highways and Streets. Vertical curves shall be consistent with the proposed posted speed limit. The development plan must identify the designated design speed for each street. The designated design speed is subject to Borough approval. The posted speed limit shall not exceed the design speed limit.
(3) 
Street grade at street intersection. A leveling area shall be provided where the approaching grade, within 100 feet of the center line intersection, exceeds 7% on streets at a four-way street intersection or the terminating street at a three-way intersection. Such leveling area shall have a maximum grade of 5% for a minimum length of 100 feet measured from the intersection of the center lines.
(4) 
Street grade at street turnaround. The grade, in all directions, within the diameter of a turnaround and along the curbline at the terminus of a permanent cul-de-sac, shall be at least 1% and not exceed 5% in all directions.
(5) 
Street side slope. All areas within the street right-of-way shall be graded substantially consistent with the street center line. The maximum slopes of banks located outside of the street right-of-way and guide rail protection shall be constructed according to New Freedom Borough standard construction documents.
F. 
Horizontal street alignment.
(1) 
Horizontal curves. Horizontal curves shall be used at all angle changes. Horizontal street alignments shall be measured along the center line. Single, long radius curves shall be used, rather than a series of curves with varying radii and/or a series of short curves separated by short, straight segments. The minimum center line radii for horizontal curves shall be according to AASHTO A Policy on Geometric Design of Highways and Streets. Horizontal street alignments shall be consistent with the proposed posted speed limit. The development plan must identify the designated design speed for each street. The designated design speed is subject to Borough approval. The posted speed limit shall not exceed the design speed limit.
(2) 
Perimeter street. Where streets are located along the perimeter of a property, the developer shall provide building setback lines, grading and clear sight triangles within the adjacent properties. Permission for these encroachments shall be obtained by the developer in the form of an easement or right-of-way agreement from the adjacent landowner.
(3) 
Cartway alignment. The center line of the street cartway shall correspond with the center line of the street right-of-way.
(4) 
Intersection. Right-angle intersections shall be used whenever possible. No street shall intersect another at a center line angle of less than 75° nor more than 105°. Intersections shall be approached on all sides by a straight center line with a minimum length of 50 feet.
G. 
Street right-of-way, cartway width, and improvement specification. All streets shall be designed and constructed in accordance with:
(1) 
New Freedom Borough standard construction documents, PennDOT Design Manual Part 2, Highway Design, and AASHTO A Policy on Geometric Design of Highways and Streets.
(2) 
The required minimum right-of-way width and cartway width shall be as follows:
Type of Street
Right-of-Way Width
(feet)
Cartway Width
(feet)
Provides access to nonresidential land use and residential land use at a density (as defined in Chapter 225, Zoning) in excess of 6 dwelling units per acre or nonresidential use
60
36
Provides access to a residential land use with a density (as defined in Chapter 225, Zoning) less than six dwelling units per acre
50
28
Provides access to a residential land use with a 150-foot frontage per dwelling
50
20
H. 
Traffic-calming measures. The Borough may require the installation of traffic-calming measures for streets. Traffic-calming measures are devices, systems and programs described in PennDOT, Bureau of Highway Safety and Traffic Engineering, Publication 383, dated January 2001, and known as "Pennsylvania's Traffic Calming Handbook" (Publication No. 383). The criteria used to determine the necessity, location, design, and construction of traffic-calming measures, including all related warnings, signs, and markings, shall be in accordance with accepted traffic engineering principles and Publication No. 383.
I. 
Street intersection.
(1) 
State route. All intersections with a state route shall be subject to the approval of PennDOT. The developer shall include Borough comments with the submission of a PennDOT highway occupancy permit.
(2) 
Multiple intersections. Multiple intersections involving the junction of more than two streets are prohibited. Only three- and four-way intersections are permitted.
(3) 
Separation. Streets shall intersect with a common street center line or be offset according to the following standards:
(a) 
When the streets involved are local streets, the streets shall be separated by a distance of 150 feet between center lines, measured along the center line of the street being intersected.
(b) 
When one or more streets involved are collector streets, the streets shall be separated by a distance of 400 feet between center lines, measured along the center line of the street being intersected.
(c) 
When one or more of the streets involved are arterial streets, the streets shall be separated by a distance of 1,000 feet between center lines, measured along the center line of the street being intersected.
(4) 
Radii. The cartway edge at intersections shall be:
(a) 
Designed for the largest vehicle anticipated to use the intersection. The minimum radii shall conform to PennDOT Design Manual Part 2, Highway Design, and AASHTO Design Manual, Exhibit 9-20, Edge of Traveled Way for Turns at Intersections.
(b) 
Rounded with a minimum fifty-five-foot tangential arc for arterial and collector streets and a thirty-foot tangential arc for local streets.
(c) 
Provided with acceleration and/or deceleration lanes when deemed by the Borough to be necessary.
(d) 
Substantially concentric with the street right-of-way edge.
(5) 
Sight triangle. On corner lots, there shall be provided and maintained a clear sight triangle of at least 100 feet, as measured along the center line from the intersecting roads. No structure, planting, excavation, nor other visual obstruction shall be permitted above a height of 30 inches and below a height of 10 feet. All such clear sight triangles shall be depicted upon proposed subdivision and land development plans. A public right-of-way shall be reserved for removing any visual obstruction within the clear sight triangle.
(6) 
Safe stopping distance. All intersections shall be designed to comply with the minimum sight distance requirements, as described in 67 Pa. Code § 441.8(h)(2)(iv) and PennDOT Publication 282, page 27, as amended.
(a) 
The diagrams below and the following measurement procedures shall be used to establish the minimum sight distance for vehicles intending to cross over a travel lane and to the rear of a vehicle intending to turn left into an access. See PennDOT Publication 282, page 18, Note 1(a), for information on measuring sight distance for vehicles exiting an access location.
(b) 
To measure sight distance between a vehicle intending to turn left into an access and a vehicle approaching in the opposite direction, the position of the driver of the turning vehicle is taken to be 35 feet in advance of the driveway center line (allows a twenty-five-foot turning radius, plus ten-foot distance from the front of the car to the driver's eye).
(c) 
The available sight distance is measured from the center line of the intersection to the point where an approaching vehicle can first be seen. The eye height of the driver intending to turn left is established at 3 1/2 feet. The eye height of the driver of the vehicle approaching the intersection from the opposite direction is established at 4 1/4 feet.
(d) 
To measure sight distance for a motorist approaching a vehicle stopped to make a left turn into an intersection from the rear of the left-turning vehicle is taken to be 45 feet from the center line of the intersection (allows a twenty-five-foot turning radius, plus twenty-foot for the length of the vehicle).
(e) 
The available sight distance is measured from the rear of the left-turning vehicle, to the point where approaching vehicles can first see the vehicle waiting to turn left. The eye height of the approaching driver is established at 3 1/2 feet. The eye height of the driver of the vehicle waiting to turn left is established at 4 1/4 feet.
(f) 
To determine roadway grades when measuring sight distance, an average grade should be calculated over the length of roadway in which the approaching motorist will physically apply the brakes of the vehicle. This length of roadway can be determined by subtracting the perception/reaction time component of the minimum safe stopping sight distance equation from the measured sight distance. See 67 Pa. Code § 441.8(h)(2)(iv).
(g) 
The prevailing speed of traffic shall be considered when evaluating the available sight distance for an intersection. If it is evident that prevailing speeds are higher than the posted speed limit, and the available sight distance is near to the sight distance required for the posted speed limit, an 85th percentile speed should be measured near the intersection. The 85th percentile speed would then be used to calculate the minimum safe stopping sight distance requirements.
(7) 
Sight distance at intersections. All intersections shall be designed to comply with the minimum sight distance requirements, as described in Pennsylvania Department of Transportation Design Manual Part 2, Highway Design, and AASHTO A Policy on Geometric Design of Highways and Streets.
J. 
Cul-de-sac street. A cul-de-sac is not permitted when a through street is more advantageous to the overall neighborhood and the Borough street pattern. The use of cul-de-sac streets is only permitted at the discretion of the Borough Council.
(1) 
Length. Temporary or permanent cul-de-sac streets shall have a minimum length of 250 feet and not exceed 1,000 feet in length or provide access to greater than 25 residential dwelling units. The cul-de-sac length is measured from the center of the cul-de-sac turnaround to the center line of a street that does not terminate in a cul-de-sac.
(2) 
Turnaround. All cul-de-sac streets, whether permanently or temporarily designed, shall be provided with a fully paved, closed-end turnaround at a minimum width/diameter of 100 feet and a right-of-way width/diameter of 120 feet. The use of a temporary turnaround shall be guaranteed by a temporary easement until the street is extended. At the time that a temporary cul-de-sac is extended, the area located within the temporary turnaround shall be released to the abutting landowner. A right-side center line offset for the turnaround is desired. A left-side center line offset of the turnaround is prohibited.
(3) 
Snow dropoff. A snow dropoff area shall be provided at the terminus of the turnaround area. The snow dropoff area shall be 28 feet wide and 20 feet deep from the street curbline. The area shall be centered on the center line of the street as the street approaches the turnaround area. The area shall be free of utility terminal boxes, mailboxes, and other facilities that may hamper snow storage, or may require accessibility during snow periods. If applicable, street curbs located with the snow drop-off area shall be depressed and sidewalks shall be located outside the area. The snow dropoff area shall be constructed and maintained with a paved surface of concrete or bituminous material, or another stable surface material as approved by the Borough.
K. 
Eyebrow and loop streets.
(1) 
Design. These streets are semicircular shaped streets, providing one-way circulation to and from a through street with an interior green space, containing trees, shrubs and ground cover located between the through street and the eyebrow and/or loop street. These streets shall maintain a minimum pavement width of 18 feet and a minimum inside diameter of 30 feet.
(2) 
Maximum length. These streets shall have a maximum length of 1,200 feet measured from the center line intersections with a through street or provide access to no greater than 25 residential dwelling units.
(3) 
Private ownership. These streets and the interior green space shall be privately owned and maintained as a private street.
L. 
Vehicle access to lots and units of occupancy. The location and number of vehicle access points (streets, access drives) shall be adequate for, and appropriate to, the size and nature of the land use. Development that generates greater than 225 average daily vehicle trips per day shall have at least two vehicular access points.
M. 
Street trees. Street trees shall be provided according to § 194-520F.
N. 
Private street. Private streets shall meet all street design standards of this chapter. Approval of a private street shall be at the discretion of the Borough Council. Applications proposing private streets shall include a written operation, maintenance, future use, and ownership document that shall be recorded with the office of the York County Recorder of Deeds in conjunction with the final plan. The developer shall provide to the Borough any and all private street documents for review and approval.
A. 
For the purpose of determining the extent of on-site improvements to be required of a developer hereunder, and where necessary for the ingress to or egress from the subdivision or land development, the entire width of a street abutting the developer's property, including right-of-way and ultimate right-of-way, shall be deemed to be on site.
B. 
Where deemed to be on site, existing streets shall be modified to provide adequate and safe vehicular ingress to and egress from the proposed subdivision or land development as required by traffic conditions created by the proposed subdivision or land development.
C. 
Where a subdivision or land development abuts an existing street of improper width, improvement or alignment, as herein required, the dedication of land sufficient to widen the street and/or correct the improvement or alignment shall be provided, or as an alternative, at the discretion of the Borough, a fee in lieu of the dedication of right-of-way shall be provided in an amount determined by Borough.
D. 
Where a subdivision or land development requires the construction of on site improvements, as identified by an approved traffic impact study, including but not limited to signalization, the same shall be designed, constructed, and installed at the developer's sole cost and expense. If a traffic impact study is not performed, the developer shall install, at its sole cost and expense, all on-site improvements required by accepted traffic engineering principles.
E. 
Where a subdivision or land development abuts, in whole or in part, an existing street intersection, all property abutting each side or corner of the street intersection shall be deemed to abut the developer's property for the purpose of determining whether improvements are deemed on site.
A. 
Limited use of alleys. The use of alleys is limited to providing a secondary means of access to the side and/or rear of those lots with street frontage and designed to discourage through traffic. Alleys shall not be dedicated to the Borough.
B. 
Building setback. No part of any building shall be located within four feet of the cartway of an alley.
C. 
Design standards. Alleys shall be designed in accordance with the street standards in § 194-502A, B, C, D, E, F, I and N.
D. 
Intersections. The distance between the center line intersections of alleys with streets shall be measured along the center line of the street being intersected and conform with the following:
Classification
Minimum Separation
(feet)
Arterial
1,000
Collector
400
Local
150
E. 
Cul-de-sac. An alley shall not terminate in a dead end or cul-de-sac.
F. 
Width of right-of-way and cartway. A minimum right-of-way width of 18 feet and a minimum cartway width of 16 feet shall be provided for alleys.
G. 
Traffic-calming measures. The Borough may require the installation of traffic-calming measures for alleys. Traffic-calming measures are devices, systems and programs described in PennDOT, Bureau of Highway Safety and Traffic Engineering, Publication 383, dated January 2001, and known as "Pennsylvania's Traffic Calming Handbook" (Publication No. 383). The criteria used to determine the necessity, location, design, and construction of traffic-calming measures, including all related warnings, signs, and markings, shall be in accordance with accepted traffic engineering principles and Publication No. 383.
H. 
Private ownership. Alleys shall be privately owned. Applications that propose private alleys shall include a written operation, maintenance, future use and ownership document that shall be recorded with the office of the York County Recorder of Deeds in conjunction with the final plan. The developer shall provide to the Borough any and all private alley documents for review and approval.
I. 
Construction standards. All alleys shall be designed and constructed in accordance with of the New Freedom Borough standard construction documents and of PennDOT Design Manual Part 2, Highway Design, and AASHTO A Policy on Geometric Design of Highways and Streets.
A. 
Driveways shall conform to the standards contained in Chapter 225, Zoning. The Borough may require the subdivision plan to identify the potential location of driveways when site conditions may limit available driveway locations.
B. 
Driveway intersections with a state route shall be subject to the approval of PennDOT. The developer shall include Borough comments with the submission of a PennDOT highway occupancy permit.
Access drives are private drives which provide vehicular movement between a street and a tract of land containing any use other than one single-family dwelling unit or farm. Access drives shall conform to the following:
A. 
Number per lot. The number of access drives intersecting with a street may not exceed two per lot. A waiver for additional access points may be requested to meet exceptional circumstances, such as intensity of development and extensive road frontage.
B. 
Vertical alignment. The vertical alignments of access drives shall conform to the specifications for streets, as stated in § 194-502E.
C. 
Horizontal alignment. The horizontal alignments of access drives shall be measured along the center line. Horizontal curves shall be used at all angle changes more than 2°. All curves shall be tangential arcs. The minimum horizontal curve radius shall be 75 feet.
D. 
Intersection. All access drive intersections shall be:
(1) 
Subject to approval of PennDOT when intersecting a state route. The applicant shall include Borough comments with the submission of a PennDOT highway occupancy permit. Evidence of such submission is required with the preliminary plan submission.
(2) 
Set back 100 feet from the intersection of any street right-of-way lines.
(3) 
Set back 100 feet from the intersection of any other access drive located upon the same lot (measured from cartway edges).
(4) 
Set back 10 feet from any side and/or rear property lines; however, this setback, except when located along the property line of a joint parking lot, is shared by adjoining uses.
(5) 
Separated from an access drive intersection on adjacent properties a sufficient distance to provide safety and efficient movement of vehicles.
(6) 
Access drives that serve more than 10 off-street parking spaces shall, at their intersection with a street, provide a clear sight triangle of at least 100 feet, as measured along the center line from the intersecting access drive and street.
(7) 
Access drives that serve less than 10 off-street parking spaces shall, at their intersection with a street, provide a clear sight triangle of at least 100 feet, measured along the center line from the intersecting street and 50 feet measured along the center line from the intersecting access drive. The clear sight triangle shall be maintained by the property owner. No structure, planting, excavation, nor other visual obstruction shall be permitted above a height of 30 inches and below a height of 10 feet. All such clear sight triangles shall be depicted upon proposed subdivision and land development plans. A public right-of-way shall be reserved for removing any visual obstruction within the clear sight triangle.
(8) 
Designed in accordance with § 194-502I(2), (4), (6) and (7).
(9) 
The Borough may require acceleration and/or deceleration lanes when warranted by traffic speed, traffic volume, or other traffic flow characteristics.
E. 
Cul-de-sac.
(1) 
A cul-de-sac is not permitted, unless required by an existing natural or man-made feature and approved at the discretion of the Borough Council.
(2) 
Access drives which form a cul-de-sac shall not exceed 1,000 feet in length, measured from the center line intersection of a street or access drive which is not a cul-de-sac. Access drive culs-de-sac that do not terminate in a parking compound shall be provided at the terminus with a fully paved turnaround with a minimum diameter of 100 feet.
(3) 
The Borough may permit an alternative turnaround design, including a turnaround incorporated in a parking court or a landscaped island, provided safe movement of traffic is assured.
F. 
Parking. When vehicular parking is prohibited along access drives, the prohibition must be acknowledged on the plan and properly signed along the cartway.
G. 
Improvement. The cartway of all access drives shall be constructed to the street improvement specification stated in § 194-502G, except for right-of-way and cartway width.
H. 
Traffic-calming measures. The Borough may require the installation of traffic-calming measures for access drives. Traffic-calming measures are devices, systems and programs described in PennDOT, Bureau of Highway Safety and Traffic Engineering, Publication 383, dated January 2001, and known as "Pennsylvania's Traffic Calming Handbook" (Publication No. 383). The criteria used to determine the necessity, location, design, and construction of traffic-calming measures, including all related warnings, signs, and markings, shall be in accordance with accepted traffic engineering principles and Publication No. 383.
I. 
Cartway width. The following table specifies various access drive width requirements:
Function
Required Cartway Width
(feet)
Two lanes of traffic without parallel parking along the cartway
18
One lane of traffic without parallel parking along cartway*
9
*The one-way direction of traffic must be identified along the cartway.
J. 
Side slope.
(1) 
The maximum slopes of banks located within 20 feet of the cartway shall not exceed 3:1 for fills and 2:1 for cuts. The Borough Council may accept steeper slopes to avoid disruption of significant natural features, provided safety and maintenance issues are addressed.
(2) 
Guide rail protection is required along embankments when a barrier is indicated, as warranted in the latest version of Design Manual Part 2, Highway Design, Pennsylvania Department of Transportation. Guide rails shall be constructed according to the PennDOT standards.
K. 
Access drive signs, traffic controls and name signs.
(1) 
Access drive signs, including name, traffic controls and parking controls, shall be constructed and installed by the developer according to the specifications of the Borough and PennDOT. Name signs shall provide six-inch-high letters on a maximum size sign of eight inches by 36 inches. Name signs shall be in reflector white on a green background. (See PennDOT Publication 236M.) High-intensity or high-performance sheeting (Type III or IV) shall be used for all signs. (See PennDOT Publication 408M.)
(2) 
Access drives that are continuations of existing access drives shall be known by the same name. Names for new access drives shall not duplicate or closely resemble names of existing streets or access drives within the same postal area. All new names are subject to approval by the Borough.
A. 
Bicycle paths. Bicycle paths shall be provided, when designated on or as part of an official plan or map, or as otherwise required by the Borough. Bicycle lanes located within a street right-of-way shall conform to Borough and PennDOT specifications.
(1) 
Types of bikeways; preferred order.
(a) 
Types of bikeways.
[1] 
Bicycle path. A pathway usually separated from a street, designed specifically for the exclusive use of bicycling.
[2] 
Bicycle lane. A lane at the edge of a street reserved and marked for the exclusive use of bicycles.
[3] 
Bicycle-compatible street. A street designed to accommodate the shared use of the roadway by bicycles and motor vehicles.
(b) 
The above listing is the preferential order for bikeways in New Freedom. Applicants proposing bikeways as part of a subdivision or land development plan shall consider their application to a situation in the order of priority presented above.
(2) 
Bikeway design standards.
(a) 
Except for short distances, the grade of bikeways should generally not exceed 5%.
(b) 
The minimum width of the moving lane of a bikeway shall be four feet; thus a two-way bikeway shall minimally be eight feet wide, and a one-way bikeway shall minimally be four feet wide. Bicycle lanes and bicycle- compatible roadways should be carefully evaluated for possible increased width to ensure the safe passage of bicycles and motor vehicles.
(c) 
When bicycle lanes and bicycle-compatible streets are located adjacent to a barrier curb, to a drop in grade greater than 3:1, or to a soft shoulder, the width of such bikeways shall be increased by an additional two feet.
(d) 
Bicycle paths shall be kept clear of all stationary objects on either side of such path by a lateral distance of two feet.
(e) 
The surface for bicycle paths shall be a four-inch stone base course with a two-and-one-half-inch asphalt wearing surface. Concrete, wood planking, and macadamized or hard-packed gravel are also appropriate under special circumstances.
(f) 
Surfaces for bicycle lanes and bicycle compatible streets when located upon Borough streets shall conform to the Borough street standards.
(g) 
Storm inlets types shall conform to the stormwater management standards of the Borough.
(h) 
Bike paths shall be marked with periodic traffic information signs identifying entry points, distances to Borough facilities, and rules of conduct.
(i) 
Bike lanes shall be painted directly upon the street cartway in a distinctive pattern, and in a white or yellow color as approved by PennDOT.
(j) 
Bicycle-compatible streets shall be identified by bicycle information signs according to PennDOT standards.
(k) 
The intersection of bicycle paths and lanes with a street, alley, access drive, or driveway shall conform to the clear sight triangle and safe stopping distance according to PennDOT standards.
B. 
Recreation trails.
(1) 
Recreation trails shall be provided, when designated on or as a part of an official plan or map, or as otherwise required by the Borough.
(2) 
Choice of surface materials includes bituminous mixes, concrete, gravel, soil cement, stabilized earth, and wood planking. The type of material shall be based upon the projected intensity of use and may be determined by the developer, subject to approval by the Borough. Trails shall be constructed and maintained in a firm and stable condition.
(3) 
Trail width shall be a minimum width of eight feet.
(4) 
Trails shall be located in common open space areas or in a minimum sixteen-foot-wide easement.
(5) 
Marked crosswalks shall be provided within vehicular travel ways intersecting trails according to PennDOT standards.
(6) 
The intersection of a trail and a street shall conform to the clear sight triangle and safe stopping distance according to PennDOT standards.
C. 
Nonlicensed vehicle crossings. Nonlicensed vehicle crossings (e.g., bicycle, carriage, golf carts, off-road vehicles, and snowmobiles) of a street, alley, access drive, or driveway shall conform to PennDOT standards.
A. 
Single-family dwelling. All parking for single-family dwellings shall conform with Chapter 225, Zoning. The provisions of this section do not apply for single-family dwelling parking.
B. 
Surface. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials, or another approved dust-free surface.
C. 
Parking space. The minimum parking space sizes for parallel parking is 22 feet by eight feet, and nonparallel parking is 18 feet by nine feet.
D. 
Access aisle.
(1) 
Parking areas shall be designed so that each vehicle may proceed to and from the parking space without requiring the moving of any other vehicle. Aisles shall provide vehicular access within a parking compound and entrance/exit area for individual parking spaces. Aisles may not be used to intersect streets. All aisles shall have the minimum widths indicated in the following table:
Angle of Parking
(degrees)
Width of Aisle in Feet
(One-Way Traffic)
Width of Aisle in Feet
(Two-Way Traffic)
90
22
22
60
14.5
20
45
12
18
Parallel
11
22
(2) 
All aisles in areas where there is no parking permitted shall be 11 feet wide for each lane of traffic.
(3) 
All dead-end parking lots shall be designed to provide sufficient backup area for all end stalls.
E. 
Parking space separation from landscaping and sidewalks. Curbs or other protective devices shall separate parking spaces from projecting into sidewalks and insure no greater than 2 1/2 feet of overhang into the interior landscaped area.
F. 
Horizontal radii. Not less than a four-foot radius shall be provided for all horizontal curves in parking areas.
G. 
Pavement marking. All parking lots shall be adequately marked and maintained for the purpose of defining parking spaces and interior drives. The lines of all parking spaces and interior drives (including directional arrows, etc.) shall be solid white and four inches in width. Painted lines, arrows and dividers shall be provided and maintained to control parking and to direct vehicular circulation.
H. 
Side and rear yard setback. A parking facility shall be set back from a street or neighboring property according to the following table. Required or provided landscaped strip, sidewalk and street furniture may be located within the setback.
Number of Spaces
Landscape Strip Width Measured from Street Right-of-Way
(feet)
Less than 100
10
100 to 250
15
Over 250
20
I. 
Perimeter and interior landscaping. Off-street surface parking lots that contain 20 or more parking spaces shall provide landscaping in accordance with § 194-520.
J. 
Lighting parking facility. Adequate lighting shall be provided if the parking lot is to be used at night. The lighting shall comply with § 194-513.
K. 
Traffic-calming devices.
(1) 
Speed humps and tables, constructed as part of access drives or parking lots, shall be marked with permanent, yellow diagonal stripes.
(2) 
The speed humps and tables shall be in the form of mounds or depressions in the pavement and shall be designed to restrain motor vehicle speed.
(3) 
There shall be a warning sign posted at each entrance to a parking area having speed humps and tables.
(4) 
The overall grade change of speed humps and tables shall not exceed two inches.
(5) 
Speed humps, speed tables and other traffic-calming devices shall be set back at least 50 feet from the street right-of-way of any local, marginal access or collector road and at least 100 feet from the street right-of-way of any expressway or arterial road.
A. 
Location. Ground-level loading areas may be located in the side and rear yard. No exterior portion of a loading facility and its access drive shall be located within 50 feet of a residential zone.
B. 
Access. Every loading space shall be connected to a street by means of an access drive. The access drive shall be at least 24 feet wide for two-way travel, or 15 feet wide for one-way travel, exclusive of any parts of the curb and gutters.
C. 
Circulation. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets or sidewalks. Furthermore, off-street loading spaces shall not interfere with off-street parking lots.
D. 
Lighting. Adequate lighting shall be provided if the loading area is to be used at night. The lighting shall comply with § 194-513.
E. 
Surface. The surface of the loading area and the access drive that serves the loading area shall be constructed according to the local street standards.
F. 
Required size. The following minimum loading space sizes (excluding access drives, entrances and exits) shall be provided. The "facility" shall be defined according to Chapter 225, Zoning.
Facility
Length
(feet)
Width
(feet)
Height
(When Covered or Obstructed)
(feet)
Industrial, wholesale, and commercial (over 25,000 square feet gross floor area per use)
63
12
15
All other uses
33
12
15
G. 
Landscape screening. A fifteen-foot-wide landscape screen shall surround all off-street loading facilities. The landscape screen shall be designed in accordance with § 194-520E, constructed according to the local street standards.
A. 
Warrants. Sidewalks shall be provided along all street frontage. Additionally, sidewalks shall be required in the following circumstances:
(1) 
To continue existing sidewalk systems to the terminus of a service area or block.
(2) 
To provide access to vehicular parking compounds, school bus zones, or recreational facilities.
(3) 
To provide access to and/or within commercial, industrial or other community facilities.
B. 
Location.
(1) 
Sidewalks located along streets shall be set back two feet from the street right-of-way and physically divided from the street cartway by curb or grass strip.
(2) 
Sidewalks, which are not located along streets, shall be physically divided from the vehicle area by a curb or eight-foot-wide landscaped strip.
C. 
Improvement standard.
(1) 
Sidewalks located with a public right-of-way shall be constructed of Class A cement concrete, four inches thick, containing steel welded wire fabric of six-inch-by-six-inch-by-fourteen-inch gauge, poured upon four inches of AASHTO No. 57 crushed stone (properly compacted using a mechanical tamper) on a properly prepared subgrade.
(2) 
Where sidewalks are subject to vehicle crossings (e.g., driveways), a minimum concrete thickness of six inches, containing steel welded wire fabric of six-inch-by-six-inch-by-fourteen-inch gauge, poured upon four inches of AASHTO No. 57 crushed stone (properly compacted using a mechanical tamper) on a properly prepared subgrade.
(3) 
Concrete shall be poured in separate slabs 24 feet in length. The slabs shall be completely separated by one-quarter-inch expansion joints and scored every four feet. Welded wire fabric shall not extend through expansion joints.
D. 
Width. Sidewalks shall have a minimum width of five feet.
E. 
Vertical alignment. Sidewalks shall be graded to properly discharge stormwater runoff to appropriate locations and/or facilities. A maximum cross slope of 2% is permitted. The maximum slopes of banks located along sidewalks shall not exceed 3:1 for fills and 2:1 for cuts, measured perpendicular to the sidewalk.
F. 
Maintenance and repair. Maintenance and repair costs for sidewalks are the sole responsibility of the landowner.
G. 
ADA requirement. Sidewalks shall conform with the latest edition of the Americans With Disabilities Act[1] accessibility guidelines. Separate, detailed construction plans shall be provided for each individual pedestrian crossing, curb ramp, ramp or other ADA facility. Plans shall include spot elevations, slopes, materials, etc.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A. 
Warrants. Curbs are required along all streets and drives and in locations where sidewalks are proposed adjacent to such facilities, unless it can be shown that site, traffic and/or drainage conditions support the elimination of curbing.
B. 
Transition. Transitions in curb type shall be subject to approval by the Borough.
C. 
Improvement standard. Curbs shall be constructed in accordance with PennDOT Manual Form 408, Section 641, "Plain Cement Concrete Curb Gutter, Type A, C and D," as amended. All curbs shall be placed on a four-inch crushed stone base.
D. 
ADA requirement. Curbs shall conform to the latest edition of the Americans With Disabilities Act[1] accessibility guidelines. Separate, detailed construction plans shall be provided for each individual pedestrian crossing, curb ramp, ramp or other ADA facility. Plans shall include spot elevations, slopes, materials, etc.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
E. 
Curb type.
(1) 
Vertical curbs shall be 18 inches deep, seven inches wide at the top, and eight inches wide at the base. The distance from the top of the curb to the flow line of the gutter shall be eight inches.
(2) 
Slant curbs shall be 16 inches deep at the back, 14 inches deep at the front, and 14 inches wide at the top and base. The distance from the street side top of the face of curb to the flow line of the gutter shall be 1.5 inches.
F. 
Shoulder. Shoulders shall be provided along all streets without curbs. The minimum shoulder width is four feet. Shoulders shall be stabilized according to PennDOT standards, and in areas that exceed 7%, paved according to PennDOT standards.
A. 
General. The configuration of blocks and lots shall be based upon the lot area requirements of Chapter 225, Zoning, traffic circulation, salient natural features, existing man-made features, and land use. Lot configurations should provide for flexibility in building locations, while providing safe vehicular and pedestrian circulation.
B. 
Residential block. All blocks in a residential subdivision shall have a maximum length along any side of 1,600 feet and a minimum length of any side of two tiers of lots that conform to the prevailing standards.
C. 
Nonresidential block. Block configurations in nonresidential areas shall be based primarily upon safe and efficient traffic circulation, and salient natural features.
D. 
Lot configuration.
(1) 
Side lot lines shall be at right angles or radial to street lines whenever practical.
(2) 
Lot lines shall, wherever feasible, follow municipal boundaries, rather than cross them. The most restrictive standards of the municipalities shall apply where a lot is divided by a municipal boundary.
(3) 
Lots with areas that are two or more times the minimum area requirements shall, wherever feasible, be designed with configurations that allow for additional subdivision. The Borough may require a sketch plan of such large lots that indicates the potential future subdivision is generally in conformance with the design standards.
(4) 
All lots shall front on a street. Satisfactory guarantee of the street construction shall be provided to the Borough when a lot is provided with street frontage solely from a proposed street that is located within an adjoining municipality.
(5) 
Lots that front upon two parallel streets, or upon two streets that do not intersect (also known as "through lots"), shall comply with Chapter 225, Zoning.
(6) 
Flag lots are only permitted where specifically provided for within Chapter 225, Zoning.
(7) 
All lots and remnants of land (areas remaining after subdivision) shall conform to the lot size and configuration requirements.
E. 
Lot line adjustment. A parcel of land may be added to an existing lot of record, provided:
(1) 
The resulting lots do not increase a dimensional nonconformity. However, any existing dimensional nonconformity may be reduced by right, even if the reduction does not entirely eliminate the dimensional nonconformity. Except as provided in Chapter 225, Zoning, no extension or enlargement of a dimensional nonconformity is permitted.
(2) 
The plan shall delineate the area to be transferred and the deletion of an existing lot line.
(3) 
The plan shall include the following note:
"The property transfer will result in the recording of a deed with the York County Recorder of Deeds simultaneous with recording the plan. A copy of the recorded deed will be provided to the Borough within seven calendar days of its recording."
A. 
Adoptions by reference.
(1) 
Unless superseded by requirements of this chapter, the IESNA Lighting Handbook, most recent edition, as published by the Illuminating Engineering Society of North America (IESNA), is hereby adopted by reference and made a part hereof as if fully set out in this section.
(2) 
Unless superseded by requirements of this chapter, the publication, American National Standard Nomenclature and Definitions for Illuminating Engineering, most recent edition, as published by the Illuminating Engineering Society of North America (IESNA) and approved by the American National Standards Institute, Inc. (ANSI), and referred to in this section as the "ANSI/IESNA lighting definitions," is hereby adopted by reference and made a part hereof as if fully set out in this section.
(3) 
Unless superseded by requirements of this chapter, the Energy Standard for Buildings Except Low-Rise Residential Buildings, Standard 90.1, latest version, as published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., and approved by the American Standards Institute, Inc. (ANSI), and referred to as the "ANSI/ASHRAE/IESNA Standard 90.1-(year)."
(4) 
In addition to the specific requirements established in this section, the design calculations for outdoor lighting installations shall be in accordance with the IESNA Lighting Handbook. This includes, but is not limited to, technical definitions, terminology, calculation methods and procedures, photometric classifications, and photometric testing procedures. Luminance selection should be based on the usage of the area to be illuminated, the level of activity, and nighttime security requirements.
B. 
Lighting encroachment. Lighting shall be arranged so as to deflect light away from any adjoining properties and public streets. The light source shall be directed, hooded, shielded, or controlled so as not to light adjacent properties and public streets. Luminaries shall not cast light on a:
(1) 
Public streets in excess of one footcandle, measured from the center line of said street nor cast;
(2) 
Residential property in exceed 0.2 footcandle as measured at the property line; or
(3) 
Nonresidential property in excess of 1.0 footcandle on an adjacent.
C. 
Illumination levels. Lighting shall be provided within the range of permitted lighting levels as specified in the following table.
(1) 
Luminaries used in public areas such as roadway lighting, parking lots and for exterior building illumination shall be designed to provide the minimum illumination recommended by the IESNA in the most current edition of the IESNA Lighting Handbook.
(2) 
The maximum average lighting levels shall not exceed the standards provided below.
Maximum Average Light Levels
Location
Footcandles
Landscape highlights
2
Building facades
3
Parking areas for multifamily residential uses
3
Sidewalks and other pedestrian walkways
3
Streets
3
Parking areas for nonresidential uses
5
Building entrance
5
General storage areas for nonresidential uses
8
Nonresidential vehicular entrance
10
Vehicular display areas
10
Loading areas associated with a nonresidential use
20
Under canopies
30
Externally illuminated sign
30
(3) 
Athletic fields and other outdoor arenas shall not exceed the minimum illumination recommended by the IESNA in the most current edition of the IESNA Lighting Handbook.
(4) 
For those areas not specified, the Borough Council will set an appropriate level on a case-by-case basis in keeping with the intent of this chapter;
(5) 
The footcandle level readings shall be taken after dark with the light meter held six inches above the ground with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The difference between the two readings will be identified as the illumination intensity.
(6) 
A maximum uniformity light level ratio in all parking areas, sidewalks and other pedestrian walkways, shall average a minimum of 6:1.
D. 
Height.
(1) 
The maximum height for a light source, except for recreational lighting, is the maximum permitted building height in Chapter 225, Zoning.
(2) 
The maximum mounting height for recreational lighting shall be as follows:
Maximum Light Mounting Height
Recreation Activity
Maximum Mounting Height
(feet)
Basketball
20
Football
70
Soccer, lacrosse, field hockey, rugby and other similar field sports
70
Baseball: radius of 200 feet
60
Baseball: radius of 300 feet
90
Golf driving range
30
Miniature golf
20
Swimming pool aprons
20
Tennis
20
Track
20
(3) 
No light sources shall be located on the roof unless said light enhances the architectural features of the building.
E. 
Location. An outdoor light fixture shall be set back a minimum horizontal distance equal to its height from each property line, but in no case less than 10 feet from a street right-of-way and five feet from all side or rear lot lines.
F. 
Hours of operation.
(1) 
Whenever practicable, outdoor lighting installations shall include timers, dimmers, and/or motion sensors to reduce overall energy consumption and eliminate unneeded lighting, particularly after 11:00 p.m.
(2) 
Outdoor lighting, which serves commercial or industrial uses that do not operate after dark must be turned off one hour after closing, except for approved security lighting.
(3) 
Commercial or industrial uses that offer services after dark. Outdoor lighting may be utilized during the nighttime hours, provided the commercial or industrial use is open for service. Once the commercial or industrial use closes, the outdoor lighting must be turned off one hour after closing, except for security lighting.
(4) 
Exterior lighting for security surveillance purposes shall be arranged, and of sufficient illumination, to enable the detection of suspicious movement. Security lighting for buildings/structures shall be directed toward the face of the building/structure, rather than the area around it, and shall not exceed a maximum illumination of five footcandles.
(5) 
Internally illuminated signs shall not exceed 1,000 initial lumens per square foot of sign face.
G. 
Canopy lighting. Under-canopy lighting shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles.
H. 
Exemptions.
(1) 
All emergency lighting needed by the police, fire or other emergency services, as well as all vehicular luminaries, are exempt from the requirements of this chapter.
(2) 
All hazard warning luminaries required by federal regulatory agencies are exempt from the requirements of this article, except that all such must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task.
(3) 
Luminaires used primarily for signal illumination may be mounted at any height required to ensure roadway safety, regardless of lumen rating.
(4) 
Seasonal holiday lighting and illumination of the American and state flags shall be exempt from the requirements of this chapter, provided that such lighting does not produce glare on roadways and neighboring residential properties.
(5) 
Sign illumination is regulated in Chapter 225, Zoning.
A. 
Easements shall be provided for public or shared facilities, services and utilities.
B. 
Easements shall be located in a manner that minimizes disruption of the use or land.
C. 
Nothing shall be placed, planted, set, or constructed within an easement that would adversely affect the function of the easement or conflict with the easement agreement.
D. 
All existing and proposed easements shall be identified on the plan and shall include a boundary line description in accordance with the lot line description standard of this chapter.
E. 
When deemed appropriate by the Borough, the plan shall identify the entity to which the easement is granted and the terms thereof.
F. 
Each easement depicted on the plan shall be the subject of a written agreement to be recorded in the office of the York County Recorder of Deeds. Any easement agreement which includes the Borough or Authority as parties is subject to Borough approval. Each agreement shall be recorded concurrently with the final plan.
G. 
Every deed for property that is burdened by an easement shall contain a notice thereof on the deed.
H. 
Sanitary sewer, water supply and stormwater easements shall have a minimum horizontal width of 30 feet unless a greater width is required by the Borough. In the case of a shared easement, sufficient area shall be provided to allow a minimum horizontal separation of 10 feet between the facilities, and from the edge of the easement boundary.
I. 
Where an existing utility (i.e., electric or telephone transmission or petroleum product transmission line) traverses a property, the developer shall identify the easement or right-of-way and provide a plan note certifying compliance with any existing easement or right-of-way.
A. 
Permanent stone or concrete monuments shall be accurately placed at all street intersections unless locations are otherwise agreed to by the Borough Engineer. An intermediate monument shall be placed wherever topographical or other conditions make it impossible to sight between two otherwise required monuments.
B. 
Markers shall be set at all points where lot lines intersect curves and/or other property lines. Markers shall be set following rough grading of the lot, but prior to construction of the foundation.
C. 
Monuments shall be of concrete or stone, with a flat top having a minimum width or diameter of four inches and a minimum length of 30 inches. Concrete monuments shall be marked with a three-fourths-inch copper or brass dowel; stone or pre-cast monuments shall be marked on the top with a proper inscription and a drill hole.
D. 
Markers shall consist of iron pipes or steel bars at least 30 inches long and not less than a three-fourths-inch diameter.
E. 
All monuments and markers shall be placed by a registered land surveyor so that the scored or marked point shall coincide exactly with the point of intersection of the lines being monumented or marked.
F. 
All monuments/markers shall be set flush with the finished grade, except for temporary placement and/or woodland conditions.
G. 
Existing and proposed monuments and lot line markers shall be clearly delineated on the plan.
H. 
The developer shall certify that the survey monuments and markers are placed by a registered land surveyor.
I. 
Wooden stakes or other similar less durable material shall be prohibited for use as markers or monuments.
Soil or vegetation shall not be disturbed in the wetland buffer zone. Any proposed encroachment into the wetland shall include a copy of the permit or approval from the applicable state and federal agencies. No subdivision or land development shall involve uses, activities or improvements that will entail encroachment into, the grading of, or the placement of, fill in wetlands in violation of state or federal regulations. No action by the Borough shall be relied upon instead of a permit issued by the appropriate agency.
All subdivision and land development plans shall conform to Title 25 Pa. Code Chapter 105 and Section 404 of the Federal Clean Water Act.[1]
[1]
Editor's Note: See 33 U.S.C. § 1344.
A. 
Native plants. The use of native plant materials is encouraged. The use of native plant materials helps to improve water quality, provide additional and improved wildlife habitat, and typically adapt to local conditions which then require less maintenance.
B. 
Invasive plants. Invasive plants, as defined by the Pennsylvania Department of Conservation and Natural Resources (DCNR) may not be used in any planting schedule.
(1) 
Trees:
Tree of heaven (Ailanthus altissima)
Callery pear (*Pyrus calleryana)
Norway maple (*Acer platanoides)
Siberian elm (Ulmus pumila)
Sycamore maple (Acer pseudoplatanus)
Empress tree (Paulownia tomentosa)
(2) 
Shrubs:
Japanese barberry (*Berberis thunbergii)
Morrow's honeysuckle (Lonicera morrowii)
European barberry (Berberis vulgaris)
Amur honeysuckle (Lonicera maackii)
Russian olive (Elaeagnus angustifolia)
Bell's honeysuckle (Lonicera morrowii x tatarica)
Autumn olive (Elaeagnus umbellata)
Common buckthorn (Rhamnus catharticus)
Winged Euonymus (*Euonymus alatus)
Glossy buckthorn (Rhamnus frangula)
Border privet (Ligustrum obtusifolium)
Wineberry (Rubus phoenicolasius)
Common privet (Ligustrum vulgare)
Multiflora rose (Rosa multiflora)
Tartarian honeysuckle (Lonicera tartarica)
Japanese spiraea (*Spiraea japonica)
Standish honeysuckle (Lonicera standishii)
Guelder rose (*Viburnum opulus var. opulus)
(3) 
Grasses:
Cheatgrass (Bromus tectorum)
Reed canary grass (Phalaris arundinacea)
Japanese stilt grass (Microstegium vimineum)
Johnson grass (Sorghum halepense)
Maiden grass (*Miscanthus sinensis)
Shattercane (Sorghum bicolor ssp. drummondii)
Common reed (Phragmites australis)
(4) 
Perennials:
Garlic mustard (Alliaria petiolata)
Giant hogweed (Heracleum mantegazzianum)
Goutweed (Aegopodium podagraria)
Dame's rocket (Hesperis matronalis)
Bull thistle (Crisium vulgare)
Purple Loosestrife (Lythrum salicaria, L. virgatum)
Canada thistle (Cirsium arvense)
Eurasian water-milfoil (Myriophyllum spicatum)
Musk thistle (Carduus nutans)
Wild parsnip (Pastinaca sativa)
Jimsonweed (Datura stramonium)
Beefsteak plant (Perilla frutescens)
Goatsrue (Galega officinalis)
Lesser celandine (Ranunculus ficaria)
Star-of-Bethlehem (Ornithogallum nutans, umbellatum)
Water chestnut (Trapa natans)
Japanese knotweed (Fallopia japonica/Polygonum cuspidatum, Reynoutria japonica)
(5) 
Vines.
Fiveleaf akebia (Akebia quinata)
Japanese honeysuckle (Lonicera japonica)
Porcelain-berry (Ampelopsis brevipedunculata)
Kudzu (Pueraria lobata)
Oriental bittersweet (Celastrus orbiculatus)
Mile-a-minute vine (Polygonum perfoliatum
C. 
Existing vegetation. Any existing vegetation that is in appropriate locations, of an acceptable species and quality may be used to fulfill landscaping or buffering requirements.
D. 
Ground cover. Ground cover shall be provided on all areas of the project to prevent soil erosion. All areas which are not covered by paving, stone, or other solid material shall be protected with a suitable ground cover, consisting of spreading plants including sods and grasses less than 18 inches in height.
E. 
Landscape material.
(1) 
Plantings shall be typical of their species and variety; have normal growth habits, well-developed branches, densely foliated, vigorous, fibrous root systems and shall be free from disease, insects, insect eggs, and larvae. Plantings shall be selected from stock that was grown under climatic conditions similar to the locality of the property. All planting shall be performed in conformance with good nursery and landscape practice. Plantings shall be properly maintained and replaced if dead.
(2) 
The varieties of plantings shall be subject to the approval of the Borough. The applicant is encouraged to be creative in selecting varieties and locations to achieve a pleasing appearance. Planting materials shall meet the following criteria:
(3) 
Shade trees shall be a minimum trunk caliper of two inches at a height of six inches above finished grade.
(4) 
Flowering and/or ornamental trees shall be a minimum trunk caliper of 1 1/2 inches at a height of six inches above finished grade.
(5) 
Evergreen trees shall be a minimum height of six feet and uniform in shape and overall condition.
(6) 
Shrubs shall be a minimum height or spread of 24 inches.
(7) 
Any tree or shrub which dies within 18 months of planting shall be replaced. All landscaping and screening treatments shall be properly maintained. Landscape materials that die or are damaged shall be replaced within 30 days, season permitting.
(8) 
Requirements for the measurements, branching, grading, quality, balling, and burlapping of trees shall follow the code standards recommended by the American Association of Nurserymen, Inc., in the American Standard for Nursery Stock, ANSI Z60, 1-2004, as amended.
F. 
Street trees. All street trees shall be provided by the applicant in accordance with the following standards:
(1) 
Street trees shall not be located farther than 40 feet away from the street right-of-way.
(2) 
Two street trees shall be planted every 100 linear feet of street measured at the center line.
(3) 
Street tree spacing shall be based on the size of the tree canopy at maturity. Trees with a canopy of less than 30 feet shall be spaced no closer than 30 feet on center.
(4) 
When more massing is appropriate for improvements, such as benches and other street furniture, grouping of street trees is allowed.
(5) 
The trees shall be nursery grown in a similar hardiness zone to that of the locality of the project. Varieties of trees within the right-of-way shall be subject to Borough approval. The following are an approved variety of street trees:
Approved Variety of Street Trees
Common Name
Botanical Name
Red maple
Acer rubrum
Sugar maple
Acer saccharum
Serviceberry
Amelanchier x
River birch
Betula nigra
Common hackberry
Celtis occidentalis
Katsura tree
Cercidiphyllum japonicum
American yellowwood
Cladrastis kentukea
White ash
Fraxinus americana
Green ash
Fraxinus Pennsylvanica
Thomless honeylocust
Gleditsia triacanthos inermis
Golden raintree
Koelreuteria paniculata
Sweetgum
Liquidambar styraciflua
Shingle oak
Quercus imbricaria
Red oak
Quercus rubra
Swamp white oak
Quercus bicolor
Japanese tree lilac
Syringa reticulate "Ivory Silk"
Basswood, American linden
Tilia americana
Japanese zelkova
Zelkova serrata
(6) 
All trees shall have a normal habit of growth and shall be sound, healthy, and vigorous; they shall be free from disease, insects, insect eggs, and larvae.
(7) 
The trunk caliper, measured at a height of six inches above finished grade, shall be a minimum of two inches.
(8) 
Tree planting depth shall bear the same relationship to the finished grade as the top of the root ball or original grade of origin.
(9) 
Street trees shall not be planted within the street right-of-way or other easements. Tree growth shall not interfere with the street cartway, sidewalk, signage, easements, clear sight triangles, utility lines, stormwater management facilities or other planned features of the development. Within the clear sight triangle, typical branching shall not be within 10 feet of ground level after 10 years of growth.
(10) 
No one species shall comprise more than 33% of the entire number of street trees in a particular development.
G. 
Landscape strip and interior landscaping.
(1) 
Materials. Any required landscaping shall include a combination of deciduous trees, ground covers, evergreens, shrubs, vines, perennials, rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture, or other approved materials. Artificial plants, trees, and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition, and no outdoor storage shall be permitted within required landscape areas.
(2) 
Trees. At least one shade tree shall be provided for each six parking spaces, or fraction thereof, of required landscape area in the parking lot. All required landscape strips shall have landscaping materials distributed along the entire length of the lot line abutting the yard.
(3) 
Off-street parking. Off-street surface parking lots that contain 20 or more parking spaces shall provide a parking lot landscape planting area of a minimum of 10% of the interior parking facility. The required landscaping may be used to define sidewalk areas, parking areas, pedestrian areas, and travel lanes. When the required amount of landscape planting area encumbers the parking lot and traffic circulation functions, up to 50% of the required landscape planting area may be located at the entrance and/or perimeter to the parking lot.
H. 
Screening.
(1) 
Security visibility. In order to provide for security surveillance and minimize the potential for crime, all landscaping and screening shall, to the greatest extent possible, be sited, massed, and scaled to maintain visibility of doors and first floor windows from the street and from within the development. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths.
(2) 
Screening elements. Any required landscape screening shall include a combination of 50% evergreen plants (trees, hedges or shrubs), deciduous plants, walls, fences, earth berms, or other approved similar materials. Walls or fences shall not be constructed of corrugated metal, corrugated fiberglass, or sheet metal. Screening shall be arranged to block the ground-level views between grade and a height of six feet. Landscape screens must achieve this visual blockage within two years of installation. The landscape planting shall be placed so that at maturity it shall not be closer than three feet from any public street, sidewalk or property line.
(3) 
General screening. Loading docks, trash collection areas, outdoor storage, and similar facilities shall be screened from adjacent residential property and public streets with material of the same quality and appearance as those used on the building. Such areas shall be screened with a combination of architectural masonry, fencing and/or landscaping with a height of at least six feet. At least 2/3 of the area must be screened. The screened fence abutting a residential district must be at least 90% opaque. The screened fence abutting all other zoning districts must be at least 50% opaque.
(4) 
Off-street parking. Off-street surface parking lots that contain 20 or more parking spaces shall be screened for at least 50% of the view from the public right-of-way. Such screen shall be any combination of a three-and-one-half-foot-high masonry wall, fence or earthen berms with landscape material. Below is an illustrative example of pier, fence and hedge screening.
I. 
Planting guidelines.
(1) 
All planting shall be performed in conformance with good nursery and landscape practice. Plant materials shall conform to the standards recommended by the American Association of Nurseryman, Inc., in the American Standard of Nursery Stock, ANSI Z60.1-2004, current edition, as amended.
(2) 
Planting designs are encouraged to share planting space for optimal root growth whenever possible. Continuous planting areas versus isolated planting boxes are encouraged. Staking and wiring of trees shall include a maintenance plan note that staking and wiring will be removed within one year of planting.
(3) 
All required landscape plants shall be maintained and guaranteed for a length of 18 months from the date of planting. No more than 1/3 of the tree or shrub shall be damaged or dead without replacement. Replacement plants shall conform to all requirements of this section and shall be maintained after replanting for an additional 18 months.
A. 
Regulated area. Steep slope conservation standards apply where construction and/or modifications to the existing topography or vegetative cover are located within areas which contain 20% or greater slope.
B. 
Boundary interpretation.
(1) 
An initial determination as to whether the steep slope conservation standards apply to a subdivision or land development plan shall be based upon the presence of 20% or greater slope, as documented in one of the following:
(a) 
Topographic survey prepared by a registered land surveyor;
(b) 
The York County Soil Survey, the U.S. Soil Conservation Service; or
(c) 
The topographic survey prepared by the U.S. Geodetic Survey.
(2) 
Should a dispute arise concerning the boundaries of the steep slope conservation area, a topographic survey prepared by a registered land surveyor with minimum vertical intervals of five feet shall be submitted. The Borough shall make final boundary interpretation.
C. 
General design requirement. The following requirements are based upon the average slope of a lot. Whenever other ordinances or regulations impose more restrictive standards than those contained herein, the more restrictive shall apply.
Average Slope of Lot
Minimum Percent of Undisturbed Area*
Maximum Impervious Surface
20% to 30%
85%
10%
Over 30%
90%
10%
*"Undisturbed area" shall be defined as land in its natural state before development.
D. 
Setback. Any change in existing topography which results in a slope greater than the predevelopment condition may not be located within 25 feet of the neighboring property.
A. 
Prior to final plan approval or at the sole discretion of the Borough as a condition thereof, all sewage facilities planning shall be completed and all approvals obtained.
B. 
The developer shall provide a sanitary sewage disposal facility consistent with the:
(1) 
Pennsylvania Sewage Facilities Act, Act 537 of 1966;[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(2) 
New Freedom Borough Act 537 Official Plan for sanitary sewer; and
(3) 
Any other ordinance or resolution of the Borough and its authorities.
C. 
Sanitary sewer systems shall be designed and constructed in accordance with the prevailing rules, specifications and regulations of the PA DEP, the Borough and its authorities.
D. 
When sanitary sewage disposal is provided by means other than by an individual on-lot system for use by a single unit of occupancy, the final plan application shall include written notice from the service provider of its approval of the design, acceptance of a financial guarantee and commitment to service (certificate of capacity).
E. 
Individual on-lot sanitary sewage disposal systems (OLDS) shall conform to the on-lot sewage disposal system requirements of the Pennsylvania Department of Environmental Protection and Chapter 225, Zoning.
A. 
Water supply systems shall be designed and constructed in accordance with the prevailing rules and regulations of the PA DEP and the Borough.
B. 
All developments shall connect to the Borough public water supply system, provided capacity is available.
C. 
Where the Borough determines the public water supply system cannot feasibly be provided to the proposed development, and the average residential lot size is less than 30,000 square feet, a private centralized water supply system shall be provided by the developer. Fire hydrants shall be provided in all private centralized water supply systems which will serve more than 25 lots or dwelling units. Private centralized water systems are subject to Borough approval and compliance with the standards of Pennsylvania Department of Environmental Resource. Suitable agreements shall be established for the ownership and maintenance of the private centralized water system. A private centralized water system shall be designed and constructed in a manner that would permit adequate connection to a public water supply system in the future.
D. 
Where the Borough determines the public water supply system cannot feasibly be provided to the proposed development, and individual on-lot water supply systems are to be utilized, each lot so served shall be of a size and shape to allow safe location of such a system, and the systems shall conform to criteria as set forth by the Pennsylvania Department of Environmental Protection and the Borough.
E. 
Fire hydrants shall be provided wherever the water supply system contains sufficient capability, or will in the near future, with or without developer assistance. Type and location of fire hydrants shall meet the specifications of the New Freedom Borough standard construction documents.
F. 
If water is to be provided by means other than by an individual on-site water supply system (wells that are owned and maintained by the individual lot owners), the final plan application shall include written notice from the service provider of its approval of the design, acceptance of a financial guarantee and commitment to service.
A. 
Requirements for reservation of park and/or recreation lands.
(1) 
Every proposed subdivision of land and/or land development regulated by this chapter and the Pennsylvania Municipalities Planning Code, Act 247 of 1968, reenacted and amended, shall provide land for dedication which is suitable for park and/or recreation.
(2) 
The amount of land required to be dedicated shall be established by resolution of the Borough Council and available at the Borough office.
(3) 
All land proposed for dedication as park and/or recreation land shall comply with the standards set forth in § 194-524B.
(4) 
In lieu of the dedication of land, the developer may propose the following or a combination of the following, subject to approval of the Borough Council.
(a) 
Dedication of land for park and/or recreation purposes;
(b) 
Payment of a recreation fee;
(c) 
Construction of park and/or recreational facilities; or
(d) 
A combination of the above.
(5) 
If the developer receives approval from the Borough Council for the payment of a fee in lieu of dedication of all or some of the required park and/or recreation land, then the fee shall be calculated on the basis of the most current fee scheduled. If at the time of plan submission the developer is domiciled on one of the lots thereon, said lot shall not be included in this calculation.
(6) 
If the developer elects to pay a fee in lieu of the dedication of park and/or recreation land, then such payment, if approved by the Borough Council, shall be deemed a condition of plan approval and shall be paid to the Borough at the time of execution of the improvements agreement with the Borough or if no improvements agreement is necessary, then prior to recording the approved plan.
(7) 
All fees paid pursuant to this section shall be placed in an interest-bearing account and accounted for separately from other Borough funds, and such funds shall not be used for any purpose inconsistent with the applicable provisions of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, reenacted and amended.
(8) 
The requirements of § 194-524 shall be in addition to, and not in lieu of, the open space which is required to be provided in connection with certain uses, developments, subdivisions and/or other residential living arrangements pursuant to Chapter 225, Zoning.
B. 
General standards for park and/or recreation land set-aside by the developer.
(1) 
Unless otherwise approved by the Borough Council, where the developer elects to fulfill the requirements of this article through an offer of dedication of land to the Borough, the developer shall demonstrate to the satisfaction of the Borough that the land will support a legitimate park and recreation use considering, where relevant, the following factors:
(a) 
Consistency with the Borough Comprehensive Plan;
(b) 
Consistency with the Borough Official Map;
(c) 
Availability for use by the public;
(d) 
Location entirely within New Freedom Borough;
(e) 
Means for public ingress and egress;
(f) 
Accessibility to essential utilities and services;
(g) 
Ability to accommodate vehicle parking facilities;
(h) 
Suitability of land characteristics for the intended use, including but not limited to configuration, natural and cultural features, and man-made features;
(i) 
Compatibility with surrounding neighborhood;
(j) 
Proximity to other community facilities; and
(k) 
Such other factors that the Borough may deem relative.