[Ord. 663, 6/20/1985, § 601; as amended by Ord.
897, 7/17/2008]
1. The standards and requirements contained in this Chapter shall apply as minimum design standards for subdivisions and/or land developments within the Borough. In addition, subdivisions and/or land developments shall be designed to comply with the requirements of the Zoning Ordinance [Chapter
27], the Stormwater Management Ordinance [Chapter
27], and regulations of the Pennsylvania Department of Transportation, as applicable.
2. All proposed subdivisions and/or land developments shall be designed,
laid out, arranged, constructed and coordinated with all presently
existing facilities and improvements which serve the tract proposed
to be developed, including but not limited to the (a) transportation
network, (b) sewer collection, conveyance and treatment facilities,
(c) water supply and distribution facilities, and (d) stormwater management
facilities, as necessary to accommodate prospective traffic, provide
adequate sewer and water service, promote proper stormwater management,
facilitate fire protection, prevent flooding and conform to the Comprehensive
Plan, including any urban growth boundary, the Official Map, and any
regulations or plans adopted in furtherance thereof. All proposed
subdivisions and/or land developments shall also be designed, laid
out, arranged, constructed and coordinated to ensure that abutting
properties will continue to have safe and convenient access in accordance
with the standards of this Chapter or, if such properties do not presently
have such access, to have access at least equal to the level existing
prior to the proposed subdivision and/or land development. The applicant
shall submit studies and reports with the preliminary plan and the
final plan which shall clearly identify any assumed, proposed and
required improvements to existing facilities. If an applicant submits
a study, report or plan which contains improvements assumed to be
installed by others and compliance with the design standards in this
Chapter is based upon the completion of such assumed improvements,
the design standards of this Chapter shall not be considered as met
unless the applicant presents evidence that a governmental entity
has budgeted funds and/or has entered into contracts for the assumed
improvements or unless a plan for another development which proposes
the installation of such improvements has been approved and recorded.
A. Whenever the Zoning Ordinance [Chapter
27] provides that the use proposed by the applicant for subdivision and/or land development approval shall constitute a use by special exception or a conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or Borough Council, as applicable, prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which the Zoning Hearing Board or Borough Council, as applicable, has imposed upon such approval.
B. Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of the Zoning Ordinance [Chapter
27], the applicant shall obtain such variance from the Zoning Hearing Board prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which the Zoning Hearing Board has imposed upon the grant of such variance or variances.
C. Whenever all or a portion of the land contained within an application
for subdivision or land development approval constitutes all or a
portion of land included in a prior subdivision or land development
plan approved by the Borough or the County Planning Commission and
recorded in the office of the Recorder of Deeds in and for Lancaster
County, Pennsylvania, the plan shall comply with all conditions, restrictions
and notes imposed on the prior approval and/or included upon the recorded
subdivision or land development plan. The applicant shall identify
all prior recorded subdivision and/or land development plans of which
all or a portion of the land contained in the plan was a part and
all conditions, restrictions and notes which affect the current application.
Failure to identify all applicable conditions, restrictions and notes
of record on prior plans constitutes a violation of this Chapter.
The applicant shall submit with the application for preliminary plan
approval a statement identifying the prior plans reviewed; the conditions,
restrictions and notes which would impact development in accordance
with the plan for which approval has been requested; and an explanation
of the manner in which the proposed plan has been designed to comply
with such conditions, restrictions and notes. This information shall
be signed by the applicant or the applicant's engineer or landscape
architect.
[Ord. 663, 6/20/1985, § 602]
1. The configuration of blocks and lots shall be based upon the lot
area requirements, salient natural features, existing man-made features
and the proposed type of structure. Lot configurations should provide
for flexibility in building locations, while providing safe vehicular
and pedestrian circulation.
2. Residential Blocks. All blocks in a residential subdivision shall
have maximum length of 1,600 feet.
3. Nonresidential Blocks. Blocks in nonresidential areas may vary from
the requirement of § 602(2) when required by the nature
of the use. Adequate provisions shall be made for traffic circulation
and satisfactory fire protection.
4. Lot and Parcel Configuration.
A. Whenever practical, side lot lines shall be radial to street lines.
B. In order to avoid jurisdictional problems, lot lines shall, whenever
feasible, follow Borough boundaries rather than cross them.
C. All lots shall front on a street, except a service street.
D. Double frontage lots are prohibited except where provided as reverse
frontage lots. Reverse frontage lots are only permitted when a reduction
of driveway intersections along a street with a high volume of vehicular
movements is desired. All reverse frontage shall include an identification
of the frontage for use as a road access.
[Ord. 663, 6/20/1985, § 603]
1. A building setback line shall be provided along each street. The
area in front of the building setback line shall be preserved from
structural development.
2. In the case of corner lots, the setback from each adjacent street
shall apply.
[Ord. 663, 6/20/1985, § 604]
Easements for sanitary sewer facilities, stormwater drainage
facilities, public utilities or pedestrian access shall meet the standards
listed below.
A. To the fullest extent possible, easements shall be adjacent to property
lines.
B. Nothing shall be placed, planted, set or put within the area of an
easement that would adversely affect the function of the easement
or conflict with the easement agreement.
C. The applicant shall reserve easements where storm water or surface
water drainage facilities are existing or proposed, whether located
within or beyond the boundaries of the property.
D. All easements shall clearly identify who has the right-of-access
and responsibility of maintenance.
E. In existing structures, the excessive use of easements, as determined
by Borough Council upon recommendation from the Planning Commission,
shall be sufficient grounds for denying the approval of a preliminary
or final plan. Excessive use of easements may be defined as those
easements which may eventually create undesirable conditions for future
property owners.
[Ord. 663, 6/20/1985, § 605; as amended by Ord. No. 1009, 4/6/2023]
1. Permanent stone or concrete monuments shall be accurately placed
along at least one side of each street at the beginning and end of
all curves and at all angles.
2. Markers shall be set at all points where lot lines intersect curves,
at all angles in the property lines, at the intersection of all other
property lines, and at the street right-of-way.
3. 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 3/4 inch copper
or brass dowel; stone or precast monuments shall be marked on the
top with a proper inscription and a drill hole. Markers shall consist
of iron pipes or steel bars at least 30 inches long and not less than
3/4 of an inch in diameter.
4. All monuments and markers shall be placed by a registered engineer
or surveyor so that the scored or marked point shall coincide exactly
with the point of intersection of lines being monumented or marked.
5. All existing and proposed monuments and lot lines markers shall be
delineated on the final plan.
[Ord. 663, 6/20/1985, § 606; as amended by Ord. No. 1009, 4/6/2023]
1. General Requirements. The following general requirements and minimum
standards shall be followed on all subdivision and land development
applications:
A. Dedication of Right-of-Way. Where a subdivision or land development
abuts an existing street of that is less than the minimum street right-of-way
for a new street as provided in the Borough of Elizabethtown Street
Improvements and Maintenance Ordinance, additional right-of-way shall be dedicated to provide
the minimum right-of-way width.
B. Roadway Improvements. Where a subdivision or land development abuts
an existing street that is less than the minimum cartway width for
a new street as provided in the Borough of Elizabethtown Street Improvements
and Maintenance Ordinance, additional right-of-way shall be dedicated to provide
the minimum right-of-way width.
C. Resubdivision. If the lots in the development are large enough for
resubdivision, or if a portion of the tract is not subdivided, suitable
access and street openings for such an eventuality shall be provided.
D. Clear Sight Triangle. There shall be provided and maintained at all
intersections a clear sight triangle with a line of sight between
points 100 feet from the intersection of the street center lines.
Clear sight triangles shall be indicated on all plans. No building
or other obstruction that would obscure the vision of a motorist shall
be permitted within these areas.
E. Driveways. Driveways shall be so located as to provide reasonable
sight distances at intersection with streets. Driveway location shall
be determined on all land development plans. Subdivision plans may
delineate location or include a notice of conformity to this specification.
2. Design Standards. Design standards for all streets are contained
in the Borough of Elizabethtown Street Improvement and Maintenance
Ordinance. All streets planned in any subdivision or land development
shall conform to these standards.
3. Improvement Standards. All street improvements, paving and construction
of subdivisions and land developments shall conform to the Borough
of Elizabethtown Street Improvement and Maintenance Ordinance.
[Ord. 663, 6/20/1985, § 607; as amended by Ord.
829, 11/15/2001]
Curbs and sidewalks, on both sides of each street, shall be required in any subdivision or land development. Curbs and sidewalks shall be designed and installed in conformance with the standards contained in the Borough of Elizabethtown Curb and Sidewalk Ordinance, No. 693, as amended [Chapter
21, Part
1].
[Ord. 663, 6/20/1985, § 608; as amended by Ord.
829, 11/15/2001; by Ord. 872, 5/18/2006, Art. IV; by Ord. No. 1009, 4/6/2023]
All subdivision and land development applications shall include stormwater management data. All stormwater management, collection, conveyance and floodplain considerations shall be accomplished and data prepared and supplied in accordance with the provisions of Chapter
17, Stormwater Management, and Chapter
27, Zoning.
[Ord. 663, 6/20/1985; § 609; as amended by Ord.
829, 11/15/2001; by Ord. 872, 5/18/2006, Art. V; by Ord. No. 1009, 4/6/2023]
1. All development applications which involve grading or excavation
shall conform to the requirements of Chapter 102 of the Rules and
Regulations of the Pennsylvania Department of Environmental Protection,
as amended. It shall be the responsibility of the applicant to secure
approval from the Department of Environmental Protection. Approval
of plans by the Commission or Borough Council shall not be construed
as approval under such regulations.
2. An erosion and sedimentation control plan must be prepared for a
single lot or more where subdivision, land development or other earth
moving activity is proposed. The plan must be in accordance with the
rules and regulations of the Department of Environmental Protection
noted above and the Pennsylvania Clean Streams Law, Act 222, as amended.
3. Such erosion and sedimentation control plan shall be submitted to
the Borough Engineer and Lancaster County Conservation District for
review as part of the preliminary and final plan applications.
4. All provisions of Chapter
17, Stormwater Management, shall be complied with in conjunction with any development application.
[Ord. 663. 6/20/1985, § 610]
All subdivision and land development plans shall be submitted in accordance with, and reviewed by the Planning Commission and Borough Council to insure conformity with, the Borough of Elizabethtown Floodplain Ordinance, No. 608, as amended [Chapter
8].
[Ord. 663, 6/20/1985, § 611; as amended by Ord.
829, 11/15/2001]
1. Existing Wooded Areas. Existing wooded areas shall be protected to
prevent unnecessary destruction. Trees with a caliper of six inches
or more as measured at a height of 4 1/2 feet above existing
grade, shall not be removed unless they are located within the proposed
cartway or sidewalk portion of the street right-of-way, or within
15 feet of the foundation area of a proposed building. In areas where
trees are retained, the original grade level shall be maintained if
possible, so as not to disturb the trees.
2. Where existing trees are removed along the street right-of-way, supplemental
planting, in the form of appropriate street trees, shall be introduced.
Such trees shall be planted at intervals of between 50 feet and 100
feet and preferably in random patterns.
3. Replacement trees shall be of a minimum trunk caliper of two inches
at a height of six inches above finished grade.
4. Street Trees. Street trees are required to be planted between every
50 and 100 feet in random patterns in all subdivision and land development
plans, except minor subdivision and lot add-on plans.
5. Trees shall be planted between the street right-of-way line and the
building set-back line. The tree growth shall not interfere with the
street cartway, sidewalk or any utility line.
6. 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 vegetative
growth.
[Ord. 663, 6/20/1985, § 612; as amended by Ord.
863, 10/20/2005, § 2; and by Ord. 897, 7/17/2008]
The following specific traffic control and access requirements
shall be met for developments which produce 100 peak-hour directional
trips:
A. If any traffic signals are to be installed, the distance between
any new and/or existing signals shall be at least 1,000 feet, unless
it can be demonstrated that adjacent traffic signals can operate sufficiently
at lesser distances.
B. Design of proposed development access points shall take into consideration
the horizontal and vertical grades of the existing road network in
the traffic study area to permit safe and convenient access to the
site as defined in the latest PennDOT standards and regulations. The
developer shall demonstrate that each access point is located so as
to provide the optimum safe and convenient access given the horizontal
and vertical grades of the existing road network. The developer shall
present all engineering data necessary to demonstrate that its proposed
access point or points meet this standard. If the developer desires
to locate an access point at a location which does not provide the
optimum safe and convenient access given existing conditions, the
developer shall demonstrate that the developer shall take action necessary
to provide equally safe and convenient access. All modifications required
to meet these regulations will be the responsibility of the developer.
C. The developer shall demonstrate, by using the latest PennDOT standards
and regulations, that the proposed use will not create traffic patterns
and movements which will jeopardize the traveling public.
(1)
Stacking of sufficient length shall be provided in all traffic
lanes on the site and on abutting roadways to ensure that there shall
be no blockage of through traffic. The design and length of the stacking
lanes shall be justified and supported by the queuing analysis required
as part of the traffic study.
(2)
Street and/or access drives to and within the site shall be
designed in a manner that blockage of through traffic by vehicles
attempting to enter or exit on these streets or access drives will
not occur.
(3)
Acceleration, deceleration and turning lanes within the site
and on the abutting roadways shall be of sufficient lengths to accomplish
their intended use.
D. If reduction of the speed limit, installation of traffic control
devices, limitation of parking or turning movements or similar measures
are required to mitigate traffic impacts upon Borough or State highways,
the applicant shall present traffic studies performed in accordance
with PennDOT regulations and Publication No. 201, Engineering and
Traffic Study Regulations. The erection or the installation of such
traffic control devices shall be in accordance with PennDOT regulations.
If the enactment of an ordinance is necessary to effectuate the traffic
regulations or the installation of the traffic control device, the
applicant shall reimburse the Borough for all expenses in the preparation
and enactment of the necessary ordinance.
E. No street or access drive shall be located in a manner which would
limit access to or exiting from abutting properties gaining access
from the existing street with which a proposed street or access drive
will intersect, unless the developer provides such lots with alternate
access from the proposed street system or internal circulation system
of the proposed development in a manner acceptable to each affected
lot owner. It shall be the burden of the applicant to demonstrate
that such access is acceptable to all owners of an affected lot. For
the purpose of this provision, limitation of access shall include
the limitation of turning movements into or exiting the abutting property
or properties gaining access from the existing street, whether by
traffic regulations, installation of barriers to prevent turning movements,
installation of additional traffic lanes in front of a property, or
difficulties or delays resulting from increased traffic flows.
F. Where new intersections are being established to serve as access
to the proposed development, these intersections must be designed
to at least operate at Level of Service C or better.
G. For access points to the proposed development and any major intersections
on abutting streets where traffic signal control may be required or
is being proposed, a traffic signal warrant analysis shall be performed
in accordance with the requirements of PennDOT Publication 201 or
any future PennDOT regulations governing installation of traffic signals.
A left-turn lane and/or a right-turn lane shall be provided by the
developer if the traffic signal warrant analysis or any traffic signal
permit issued by PennDOT requires such turning lane(s). The developer
shall additionally provide an analysis to determine the type of signal
phasing required. All costs associated with any traffic signal proposed
by the developer shall be borne by the developer, and the Borough
shall not execute any traffic signal permit application if the execution
of the application will require the Borough to assume any costs whatsoever.
H. Emergency traffic signal preemption shall be addressed and provided
as required by PennDOT regulations and as requested by emergency service
providers.
I. Additional left and right turning lanes shall be provided to address
the existing roadway site conditions and access to the proposed development
at the cost of the developer where the traffic study indicates that
such turning lanes are necessary or desirable for safe and convenient
access into the site or exiting the site on to the abutting roadway
or for the functioning of the intersection of an existing street and
proposed street or access drive.
J. An agreement between the Borough and the developer shall be provided
with regard to operating expenses and maintenance of proposed traffic
signals.
K. Additional through lanes and lane transitions of sufficient length
shall be provided along all abutting streets to allow smooth traffic
flow from the proposed streets and/or access drives to existing traffic
lanes, thus minimizing congestion, delays and or blockage of through
traffic within the proposed improvement area. The design and length
should be justified and supported by the queuing analysis required
as part of the traffic study.
L. Sidewalks shall be provided along the property frontage and within
the development.
[Ord. 663, 6/20/1985, § 613; as amended by Ord.
829, 11/15/2001; and by Ord. 897, 7/17/2008]
1. Sanitary Sewage Disposal. The applicant shall provide publicly owned
sanitary sewage disposal to each lot consistent with the Borough of
Elizabethtown Sewer Connection Ordinance, No. 683, as amended.
2. When the Borough Council, in accordance with the Pennsylvania Sewage
Facilities Act, Act 537, as amended, determines the necessity for
a sewer facilities plan revision (plan revision module for land development),
or supplement, the Council shall require that notice of approval from
the Pennsylvania Department of Environmental Protection be submitted
as a condition of final plan approval.
3. Water Supply. The applicant shall provide publicly owned water supply to each lot consistent with Chapter
26, Water, and with the regulations, requirements, and design standards of EAWA. The applicant shall provide evidence that EAWA has approved any water system extension and that the applicant has provided EAWA financial security to secure the completion of any water system extension.
4. Wherever a public water supply system is provided, fire hydrants
shall be installed within 600 feet of all existing and proposed structures,
measured by way of accessible streets, as specified by the Middle
Department Association of Fire Underwriters and the local fire company.
[Ord. 663, 6/20/1985, § 614]
1. Proposed streets which are in alignment with others already existing
and named shall bear the name of the existing street.
2. In no case shall the name of a proposed street duplicate an existing
street name in the Borough, or in the postal district, irrespective
of the use of the suffix "street," "road," "avenue," "boulevard,"
"court" and the like.
3. All street names shall be subject to the approval of Borough Council.
4. Street signs shall be provided at the intersection of all streets
by the applicant. The type, height and design shall be approved by
the Borough Council.
[Ord. 663, 6/20/1985, § 615]
1. Street lights shall be provided with the construction of all new
streets. A plan for street lights, approved by the local utility company,
shall be provided by the applicant upon submission of final subdivision
or land development plans.
2. Street lights shall be provided at locations designated by the local
utility company, consistent with current policy, at all street intersections
and all other locations considered necessary for safety reasons as
approved by Borough Council.
[Ord. 863, 10/20/2005, § 1]
All residential subdivisions and land developments shall be
provided with park and recreation land which shall be dedicated to
the Borough. The developer may request that the Borough not require
the dedication of land, and any such request shall be accompanied
by an offer to pay a fee in lieu of dedication of the land, computed
in accordance with the regulations provided herein, an offer to construct
recreational facilities and/or an offer to privately reserve land
for park or recreation purposes. All offers or dedication, payment
of fees in lieu of dedication, construction of recreational facilities,
and offers to privately reserve land shall comply with all of the
following criteria:
A. The land reserved for park, recreation and open-space usage shall
be a single lot which shall comply with the requirements of this Chapter
relating to the length to depth ratios and which shall be accessible
to the public. No more than 15% of the minimum lot size calculated
in this Section shall consist of floodplain, wetlands, or other features
which shall render the land undevelopable. Areas of floodplain, wetlands,
or other features which shall render the land undevelopable may be
included within the open space lot if such land is above the minimum
area required. No stormwater management facilities designed to retain
or detain water from other portions of the development shall be permitted
on such land reserved for park, recreation and open space usage.
B. A minimum of 0.25 acre of land shall be reserved as park or recreational
land for each residential lot created in a subdivision or each dwelling
unit created in a land development. Notwithstanding the foregoing,
in all cases the minimum area of land reserved as park and recreation
land shall be equal to the minimum lot size in the district in which
the subdivision or land development is located.
C. The developer may request that Council permit the provision of park
and recreation land other than through public dedication of land as
set forth above. The developer shall set forth, in writing, the means
by which he will fulfill this requirement which may include the payment
of a fee in lieu of dedication of all or a portion of the amount of
land required to be dedicated, construction of recreational facilities,
the private reservation of land, or any combination of dedication,
fees, construction of recreational facilities, or private reservation.
D. When so requested by the developer, the Borough may accept a fee
in lieu of dedication because size, shape, location, access, topography
or other physical features render it impractical for the developer
to dedicate land for recreational areas as required by this Section.
Such fee in lieu of payments shall be payable to the Borough prior
to the recording of each final phase of the plan, based on each phase's
percentage of the total number of dwelling units.
(1)
If the developer proposes a fee in lieu of dedication, said
fee shall be computed and paid in accordance with policies adopted
by Council. The amount of a fee in lieu payment shall be fair market
value of the land required to be dedicated under § 616(B)
above. The developer shall provide the Borough with all information
necessary to determine fair market value of the land, including, but
not limited to, a copy of the agreement of sale or real estate transfer
tax affidavit of value if the developer is equitable owner or has
purchased the land within the past two years or an appraisal of the
property by an MAI appraiser acceptable to the Borough. Fair market
value shall be computed by dividing the total price of the tract by
the number of acres within the tract and then multiplying that number
by the amount of land required to be dedicated. At the option of the
developer, the developer may elect to pay the per lot or dwelling
unit fee in lieu of dedication established by resolution of Council.
(2)
Any developer who feels aggrieved by the price established by
the Borough shall have the right to secure a second appraisal of the
property by an MAI appraiser acceptable to the Borough. The two prices
shall be averaged, with the result being the amount owed being what
the developer shall be required to pay.
(3)
Fee in Lieu Funds Disposition. Monies received from developers
shall be placed in a capital reserve fund. Fees received from developers
shall be administered and expended as required and authorized by the
MPC.
E. If the developer proposes to construct recreational facilities, the
developer shall present a sketch plan of such facilities and an estimate
of the cost of construction.
F. If the developer proposes the private reservation of land, the developer
shall provide for the maintenance of such land through either the
inclusion of such land as common elements of a condominium or the
creation of a home-owners' association. Such documentation shall be
recorded, shall provide that the land cannot be further developed
and shall give the Borough the rights to maintain the land as set
forth in MPC Article VII dealing with the maintenance of common open
space in planned residential developments. Notwithstanding the foregoing,
the developer may request that the Borough approve transfer of the
land to an organization dedicated to the conservation of natural resources
with deed restrictions preventing further development acceptable to
the Borough Solicitor.
G. The developer shall enter into an agreement with the Borough setting
for the fees to be paid, the facilities to be constructed or the land
to be privately reserved and the method of its maintenance. All such
agreements shall be in a form satisfactory to the Borough Solicitor.
[Ord. 897, 7/17/2008]
All subdivisions or land developments containing 50 or more
dwelling units or nonresidential buildings containing 20,000 or greater
square feet of gross floor area shall be provided with at least two
separate and distinct means of access for the subdivision or land
development.
A. Access may be provided through the location of two or more public
or private streets, each of which intersects with an existing public
street. Such public or private streets shall meet all the requirements
of this Chapter concerning design and construction.
B. Access for a land development may be provided through two or more
driveways into the land development. Such driveways shall be separated
by a distance of at least 150 feet and shall comply with all requirements
of this Chapter.
C. If the applicant is unable to provide access to the subdivision or
land development through two or more public or private streets, each
of which intersects with an existing public street, or two or more
driveways which intersect with one or more existing public streets,
an emergency access shall be provided.
(1)
The emergency access shall be improved so that emergency vehicles
may safely transverse it and shall be indicated on the plans.
(2)
The emergency access shall be accessible to the providers of
emergency services within the Borough. Applicants proposing to provide
emergency access shall submit evidence of such approval.
(3)
The emergency access may be located so that access to the subdivision
or land development is gained from a public street at a location unsuitable
for regular access with an existing public street.
(4)
The emergency access may be located so that access is gained
from an adjacent tract. For example, a subdivision or land development
adjoining a parking lot of another use may provide emergency access
through a point with a break chain. Applicants with plans indicating
emergency access through an adjoining private tract shall provide
evidence that the adjoining property owner has consented to such emergency
access location.