This article sets forth certain minimum design standards that shall apply to all subdivisions and land developments and that shall govern the layout and location of physical features included in any plan. See also Article VI regarding when certain improvements must be provided.
A. 
Conformance with other requirements. All subdivisions and land developments shall comply fully with all federal, state, county, borough and other applicable laws and regulations. Evidence of the receipt of any permits or approvals required by such laws and regulations shall be submitted by the applicant and shall be a condition of the approval of any plan submitted under this chapter. Where such other laws and regulations are more restrictive than those contained herein, such other regulations shall be observed unless specifically stated otherwise herein.
B. 
General design standards and Comprehensive Plan requirements.
(1) 
Land shall be suited to the purpose for which it is to be subdivided. Land that is unsafe or unsuited for development due to flooding, wetlands, subsidence, caverns and sinkholes, underground fires, open quarries, unconsolidated fill, steep slopes or other hazardous conditions shall not be subdivided unless proper safeguards are provided by the developer and approved by the Borough Council.
(2) 
Consideration shall be given in the design of all land developments and subdivisions to the future development needs of the Borough and to any objectives established in any Borough comprehensive or master plan for land use, streets and thoroughfares, public utilities and facilities, and to other governmental plans affecting the subdivision or land development.
(3) 
All subdivision and land development plans shall conform with any officially adopted zoning ordinance or official map concerning the area.
(4) 
No subdivision or land development plan shall create a nuisance for any abutting property, the neighborhood in which the plan is proposed or for the Borough as a whole. The Borough Council shall determine if a nuisance is being created by the plan, as defined by applicable laws and regulations.
(5) 
In reviewing subdivision and land development plans, the Borough Council will consider the adequacy of existing or proposed community facilities to serve the additional dwellings or uses proposed by the subdivision.
(6) 
Areas may be required to be provided or reserved for such community facilities, and these should be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed.
(7) 
The layout of the proposed subdivision shall be in general conformity with the features or developments proposed in any officially adopted plan of the Borough.
(8) 
All plan proposals shall be coordinated with existing and proposed development on adjoining or adjacent land.
(9) 
Unless specifically set forth herein, design standards for streets and driveways shall be as set forth in the latest edition of the PennDOT publication entitled "Guidelines for Design of Local Roads and Streets - Publication 70."
C. 
Environmental protection standards.
(1) 
In the design of any subdivision and land development, the Borough Council shall require that maximum consideration be given to the preservation and protection of the natural environment so as to safeguard the public health, safety and welfare of all residents of the Borough and to minimize any adverse effects resulting from the proposed development.
(2) 
Where the development may create an environmental problem that affects the public health, safety or welfare, the Borough Council may require, and the applicant shall present, a plan indicating the specific manner in which the problem will be minimized or eliminated, as further set forth in Subsection C(3) below. No preliminary or final plan application shall be considered effective until such a required environmental plan has been submitted. The Borough Council may refer such a plan to any appropriate governmental or other agency or authority qualified to review and/or determine if the plan meets the requirements and objectives of this chapter and the requirements of any other federal, state, county, borough or other applicable law or regulation.
(3) 
Environmental factors for which the Borough Council may require a plan include but are not limited to the following:
(a) 
Erosion and sedimentation control, for which a plan is required as set forth in § 220-13M.
(b) 
Topsoil conservation and protection.
(c) 
Identification and preservation of wetland areas.
(d) 
Avoidance of drainage problems.
(e) 
Natural and historic feature preservation.
(f) 
Adequate provision of utilities in accordance with § 220-13K and L.
(g) 
Sewage system, for which a plan may be required in accordance with § 220-13K.
(h) 
Protection of floodplain areas and avoidance of future flooding problems.
(i) 
Lake, stream and river frontage preservation.
(j) 
Tree preservation, removal and planting.
(k) 
Topographic and geologic factors.
(l) 
Preservation of prime agricultural land.
(m) 
Control of excessive noise.
(n) 
Control of excess traffic created by the proposed subdivision.
(o) 
Where applicable, as determined by the Borough Council, a reclamation and a reseeding plan may be required for mining or earthmoving activities or for any use that substantially modifies the nature of the existing terrain or environment, or that is of a type identified in Subsection C(4), (5) and (6) below.
(4) 
No subdivision or land development plan shall be approved if it creates any dangerous, injurious, noxious, fire, explosive, radioactivity, chemical storage, environmental or other hazard; noise or vibration; smoke, dust, dirt or other form of air, solid waste or water pollution; electrical, glare, traffic congestion or other objectionable disturbance of a temporary or permanent or recurring nature that will adversely affect the surrounding area or premises or be dangerous to public health and safety. The Borough Council may determine compliance with this section based on the following:
(a) 
Data and information submitted by the applicant.
(b) 
Where such data and information is not sufficient to reach a determination, the Borough Council may require additional information from the applicant.
(c) 
The Borough Council may also require detailed expert review of all such plans to determine compliance in accordance with established standards or with regulations of applicable governmental agencies.
(d) 
Where there is an adverse impact on air quality, electromagnetic interference, lighting, noise, or glare and heat. The applicant shall address each specific standard as required in Subsection C(7), (8), (9) and (10).
(5) 
No subdivision or land development shall create any environmental or nuisance problems that adversely affect areas that are predominately used for residential purposes.
(a) 
Such problems shall consist of the keeping of livestock in or near residential areas or buildings, or the conversion of a barn, shed or other building for a use involving the keeping of livestock near or in residential areas; operations resulting in excessive noise, odors, pollution, dangerous chemical storage conditions; or other operations or uses resulting in unsafe, dangerous, toxic or other conditions adversely affecting the health and welfare of nearby residents.
(b) 
Conversions of land or buildings, or new construction of single-family residential buildings or other buildings that include barns or other buildings designed for the keeping of livestock that would result in the creation of the types of problems set forth in Subsections C(4) and G shall be considered as "land developments," as defined in this chapter, subject to all applicable requirements of herein.
(6) 
Timber foresting, harvesting and logging operations shall be subject to all applicable DEP, County Conservation District or other existing state or federal regulations.
(7) 
Air pollution. To protect and enhance the air quality in the Borough, all sources of air pollution shall comply with any and all regulations set forth by the federal Environmental Protection Agency and Pennsylvania Department of Environmental Protection. In addition, the following shall apply:
(a) 
Odor. For major subdivision plans and/or land development plans, no odor shall be permitted at any lot line exceeding the lowest amount set forth in Table III, Odor Thresholds, of Chapter 5, Physiological Effects, of the Air Pollution Abatement Manual of the Manufacturing Chemists Association, according to the latest edition of such table for the compounds therein described. For compounds not described in Table III, odor thresholds may be established by methods indicated in Chapter 5 of the Manual, and no odor shall be permitted at any lot line exceeding the amount determined by the application of such methods.
(b) 
Smoke. For the purposes of grading the density or equivalent opacity of smoke, Ringlemann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited; however, smoke of a shade not to exceed Ringlemann No. 3 is permitted for up to three minutes total in any one eight-hour period.
(c) 
Particulate matter.
[1] 
The rate of particulate matter emission from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one-hour period, after deducting from the gross hourly emission per acre the correction factors set forth in the following table:
Height of Emission Above Grade
(feet)
Correction
(pounds per hour per acre)
50
0.01
100
0.06
150
0.10
200
0.16
300
0.30
400
0.50
Note: Interpolation for intermediate values not shown in table.
[2] 
Determination of the total net rate of emission of particulate matter within the boundaries of any lot shall be made as follows:
[a] 
Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the gross hourly rate of emission in pounds per acre.
[b] 
From each gross hourly rate of emission derived in Subsection C(7)(c)[2][a] above, deduct the correction factor (interpolating as required) for height of emission set forth in the table, thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission.
[c] 
Add together the individual net rates of emission derived in Subsection C(7)(c)[2][b] above to obtain the total net rate of emission from all sources of emission within the boundaries of the lot; such total shall not exceed one pound per acre of lot area during any one-hour period.
(8) 
Electromagnetic interference. No use, activity or process shall be conducted that produces electric and/or magnetic fields that adversely affect public health, safety and welfare, including but not limited to interference with normal radio, telephone or television reception from off the premises where the activity is conducted.
(9) 
Glare and heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line. No heat from any use shall be sensed at any property line to the extent of raising the ambient temperature of air or materials more than 5° F. Any operation or activity that produce glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 5/10 footcandle measured at the property line.
(10) 
Noise. For all major subdivision plan and land development plans, the sound-pressure level for all uses and activities shall not exceed the decibel limits in the octave bands designated in the following table and shall comply with the following standards:
(a) 
Permitted decibel levels. At no point at or beyond the property line shall the measured sound level exceed the maximum permitted sound levels designated in the table below.
Maximum Permitted Sound Level in Decibels along the Property Line
Octave Band Cycles Per Second
Residential Districts
(decibels)
Nonresidential Districts
(decibels)
0 to 75
67
73
75 to 150
62
68
150 to 300
58
64
300 to 600
54
60
600 to 1,200
49
55
1,200 to 2,400
45
51
2,400 to 4,800
41
47
Over 4,800
37
43
(b) 
Measurement. Sound levels shall be measured with a sound-level meter and associated octave band filter manufactured in accordance with the American National Standards Institute (ANSI). Noises capable of being measured shall be those noises that cause rapid fluctuations of the sound-level meter with a variation of no more than plus or minus two decibels. Noises incapable of being measured, such as those of irregular and/or intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.
(c) 
Exemptions. The following activities or sources are exempt from these noise standards:
[1] 
Activities covered by the following: stationary signaling devices, domestic power tools, air-conditioning and air-handling equipment for residential purpose, operating motor vehicles, and refuse collection vehicles.
[2] 
The unamplified human voice.
[3] 
The lowing of cattle, the clucking of fowl, the neighing of horses or other normal sounds of reasonable cared for agricultural animals, as well as the sounds of necessary farming equipment for a bona fide agricultural operation.
[4] 
Aircraft operations.
[5] 
Construction or routine maintenance of public service utilities.
[6] 
Temporary activities relating to the construction and maintenance of buildings and facilities, including site preparation, between 6:00 a.m. to 9:00 p.m.
[7] 
Church bells or chimes.
[8] 
The emission of sound for the purpose of alerting persons of an emergency or the emission of sound in the performance of emergency work.
[9] 
Occasionally used safety signals, warning devices and emergency pressure relief values.
D. 
Street system layout and design standards for street systems shall conform to the regulations contained within this chapter [see § 220-13B(9)] and to those within other applicable ordinances of the Borough of Lewistown. If Chapter 240, Zoning, sets forth street system layout and design regulations based on a specific development scheme (such as a Traditional Neighborhood Development) then those regulations shall prevail if they conflict with regulations contained within this section.
(1) 
General design standards.
(a) 
Proposed streets shall conform to such Borough and state street and highway plans and Borough Comprehensive Plans as have been prepared, adopted and/or filed as prescribed by law.
(b) 
New streets shall be connected with streets of similar function to form continuations thereof.
(c) 
Wherever there exists a dedicated or platted area reserved for future street usage along the boundary of a tract being developed, the adjacent street shall be extended into the proposed project at the expense of the applicant.
(d) 
Local streets shall be laid out to discourage use by through traffic.
(e) 
A rigid rectangular street pattern need not be adhered to; the use of curvilinear streets may be provided when their use will result in a more desirable layout.
(f) 
Where a development abuts an existing or proposed arterial street, the Borough Council may require the use of marginal access streets, reverse frontage lots or such other treatment that will provide protection for abutting properties, reduce the number of intersections with the arterial street and separate the local and through traffic.
(g) 
If lots resulting from original subdivision are large enough to permit resubdivision or if a portion of the tract is not subdivided, adequate rights-of-way for streets and other required improvements shall be provided as necessary to permit further subdivision.
(h) 
All streets shall be arranged to conform as closely as possible to the original topography.
(i) 
Streets shall be laid out to provide convenient and safe access to the property.
(j) 
Streets shall be logically related to the topography so as to produce reasonable grades, satisfactory drainage and suitable building sites.
(k) 
As a minimum, all new streets shall be graded to the right-of-way line. All cut and fill slopes associated with the construction of the streets, within or beyond the limits of the street right-of-way, shall not exceed a maximum of a 3:1 slope.
(l) 
Where a proposed subdivision abuts an existing Borough street that has a substandard right-of-way, the Borough Council may require dedication of additional right-of-way along the frontage of the new lots being subdivided, unless the applicant has requested a waiver in accordance with § 220-32. If the residual lot cannot be further subdivided, the Borough Council may require dedication along the entire frontage of the property.
(m) 
Wherever a tract to be subdivided borders an existing half or partial street, the other part of the street shall be constructed and/or improved within such tract in accordance with the standards of this chapter.
(n) 
New reserve strips, including those controlling access to streets, shall be avoided.
(o) 
All street names and numbering of lots or units shall meet § 220-13D(3).
(p) 
Sidewalks shall be required for streets where the following are met:
[1] 
To continue existing sidewalks from adjoining subdivisions and land developments.
[2] 
To provide access to community facilities.
[3] 
To serve commercial/industrial or mixed use development.
[4] 
To serve medium- and/or high-density residential development.
[5] 
Where the Borough Council determines sidewalks are necessary for public safety. The Borough Council will review the recommendation of the Borough of Lewistown Planning Commission in making this determination.
[a] 
The minimum width of all sidewalks and pathways shall be four feet. Minimum construction standards for sidewalks shall be in accordance with PennDOT Form 408 specifications and the federal ADA accessibility requirements, as such may be amended or supplemented from time to time.
(2) 
Private streets. Private streets shall be permitted at the sole discretion of the Borough Council.
(a) 
Private streets shall conform to any applicable ordinances and regulations of the Borough of Lewistown, including the requirement of construction being in accord with Pennsylvania Department of Transportation standards or other standards as the Borough Council shall adopt by an approved resolution from time to time.
(b) 
Development applications that propose a private street shall include the following information on the final approved plan that will be recorded with the Mifflin County Recorder's Office:
[1] 
A note that the private street shall be constructed and maintained to conform to the provisions of this chapter and that improvement and continued maintenance shall be the responsibility of the applicant or property owners using the private street. The Borough shall assume no responsibility for maintenance of the private street.
[2] 
A turnaround with a sufficient width to allow passenger vehicles, delivery trucks, and emergency vehicles adequate area to turn around without having to use a private driveway.
(c) 
The following note shall be included on all subdivision and land development plans proposing the use of private streets: "The owners of lots__________ agree and understand that __________ Road is a private road, and, as such, the owners are responsible for maintenance, care, improvements, and snow removal at their own diligence and expense. Further, if at any time in the future the property owners adjacent to this road desire to dedicate said road to Borough ownership, then such owners shall be required at their own expense to improve said road to meet the public road and street specifications of the Borough in place at such time. The maintenance and use of said private road shall be in accordance with the private road maintenance and use agreement recorded in Deed Book_____ Page_____ of the Mifflin County Recorder of Deeds office."
(d) 
For all private streets, a maintenance agreement shall be submitted with the final plan. The maintenance agreement shall include the method of assessing maintenance and repair costs.
(e) 
It is the policy of this Borough that all subdivided lands shall have immediate access to a public street. Because of unique property configuration and location, this Borough recognizes the need for limited exceptions to the foregoing general policy. No subdivision will be approved on a private street or road if more than five lots already front on such street or road or if, after subdivision, more than five lots will front on such private street or road.
(3) 
Traffic signs, street names, and street addressing. In order to have proper installation of traffic control signs, continuity in street addressing, and prevent conflicting and similar street names, the following requirements shall be utilized:
(a) 
Streets that are extensions of or obviously in alignment with existing streets shall bear the names of the existing streets.
(b) 
Street names shall not be repeated within the Borough.
(c) 
Street name signs shall be provided and installed by the developer at all intersections and shall identify both intersecting streets, and their design shall be approved by the Borough.
(d) 
Regulatory signs shall be provided and installed by the developer at all locations identified by a traffic engineering study prepared by the developer and in accordance with PennDOT Publication 201, Engineering Traffic Studies, as amended.
(e) 
Traffic signs shall be approved by the Borough and shall be supplied and installed by the developer in accordance with Borough regulations; PennDOT Publication 68, Official Traffic Devices; and the MUTCD, Manual on Uniform Traffic Control Devices, FHWA, as amended.
(f) 
All traffic signs shall be installed by the developer prior to the occupancy of any units within the project.
(g) 
Sequential and proper street addressing is a public safety issue. Street addressing should be consistent and not duplicate other addresses in the same block. Street addressing must be approved by the Borough.
(h) 
Prior to final approval of the subdivision, street names, address ranges, and individual addresses must be approved by the Borough.
(4) 
Guide rail.
(a) 
Streets shall be designed to preclude or minimize the need for guide rail. The Borough Council may, however, require guide rail to be placed for protection on embankments when a barrier is indicated as warranted in Design Manual Part 2, Highway Design, by PennDOT, January 1990 edition, as amended.
(b) 
The design and selection of guide rail shall generally be in accordance with the standards in Design Manual Part 2, Highway Design, January 1990 edition, as amended; however, the Borough shall approve all guide rail systems.
(5) 
Cul-de-sac and dead-end streets.
(a) 
A cul-de-sac shall not be permitted when a through street is feasible.
[1] 
The feasibility of a through street will be based on the following:
[a] 
Physical features of the tract proposed for development;
[b] 
The potential for extension of the street to adjoining lands;
[c] 
Restrictions imposed by other government regulations; and
[d] 
The ability of the design to meet all other requirements of this chapter.
[2] 
When cul-de-sac streets are proposed, the application shall be accompanied by a written analysis of the merits of the design and the reasons that a through street would not be feasible.
[3] 
Commercial or industrial culs-de-sac shall be reviewed for adequacy by the Borough Engineer. The Borough Engineer's recommendations shall be given to the Borough, which shall have final authority on the matter.
[4] 
Cul-de-sac streets, whether permanent or temporary, shall be provided at the closed end, with a turnaround having a minimum radius to the edge of the finished street or curbline of no less than 50 feet.
[5] 
Approval of cul-de-sac streets shall be at the sole discretion of the Borough Council.
(b) 
Where any adjacent stub street is not proposed for extension as a through street, the developer shall construct a cul-de-sac in accordance with ordinances and regulations of the Borough of Lewistown.
(c) 
Permanent cul-de-sac streets shall be designed as follows:
[1] 
Minimum length: 250 feet;
[2] 
The length of the cul-de-sac street shall be measured from the center-line intersection of the intersecting street to the center of the cul-de-sac turnaround;
[3] 
Drainage of cul-de-sac streets shall preferably be toward the open end. If drainage is toward the closed end, water shall be conveyed away in an underground storm sewer or by other means approved by the Borough Council. The minimum grade on culs-de-sac shall be designed to ensure a minimum of 1% along the curbline to the designed low points. The maximum grade on culs-de-sac shall not exceed 10%; and
[4] 
In lieu of constructing a permanent cul-de-sac bulb, the applicant may construct a symmetrical "hammerhead" style turnaround in accordance with standards contained in the "Residential Street" (2nd Edition), co-authored by the American Society of Civil Engineers, as amended from time to time. Such hammerheads shall be designed to facilitate three-point turns. The minimum dimensions of hammerheads shall be 30 feet by 85 feet with curbing, or 30 feet by 85 feet with four-foot shoulders. The right-of-way diameter for a hammerhead shall be 10 feet greater than the edge of curb or shoulder.
(d) 
Temporary cul-de-sac streets shall be designed as follows:
[1] 
Minimum length: 250 feet;
[2] 
Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width;
[3] 
Temporary culs-de-sac shall be designed to the same cartway width and drainage criteria as required for permanent culs-de-sac; and
[4] 
Temporary easements shall be provided for the affected adjoining properties until such time that the street is extended.
(e) 
Dead-end streets.
[1] 
Dead-end streets are prohibited unless designed as cul-de-sac streets.
[2] 
The Borough Council may waive the requirements of providing a turnaround for streets that are planned for future extension into adjoining tracts, subject to the following requirements:
[a] 
The street will be no longer than the depth of one lot; and
[b] 
The street will not be the primary means of access to any lot or dwelling unit.
(f) 
Any street temporarily dead-ended in order to provide for future continuation of the street into adjoining property or for authorized stage development shall be fully constructed as a temporary cul-de-sac with all utilities installed.
(g) 
A barricade to prevent vehicular access to adjoining property shall only be constructed at the termination point of the street if no curbs exist. The barricade shall be designed and constructed in accordance with PennDOT Publication 72, Standards for Roadway Construction, RC-63, as amended and supplemented from time to time.
(6) 
Intersections.
(a) 
Intersections involving the junction of more than two streets are prohibited.
(b) 
Right-angle intersections shall be used.
(c) 
All streets intersecting a state highway shall be subject to the approval of PennDOT.
(d) 
Seventy-five-foot clear sight triangle shall be provided and maintained at all intersections.
[1] 
Clear sight triangles shall be indicated on all plans.
[2] 
No building, structure, landscaping or other obstruction that would obscure the vision of motorists shall be permitted within these areas.
(e) 
Proper safe stopping sight distance shall be provided with respect to both horizontal and vertical road alignments at all intersections, including intersections of driveways, shared driveways and private streets.
[1] 
The required and available safe stopping sight distance shall be included on the plan for all-existing and proposed intersections, driveways, shared driveways and private streets. If the sight distance does not meet minimum requirements, the applicant shall obtain the necessary PennDOT highway occupancy permit or a local road occupancy permit prior to the plan being finally approved and recorded. If adequate sight distance is available, the following applicable note shall be added to the plan:
[a] 
State highway occupancy permit. "Pursuant to Section 420 of the Act of June 1, 1945, (P.L. 1242, No. 428), no building permit will be issued for any lot or parcel that will require access to a state highway until authorized by a Pennsylvania Department of Transportation highway occupancy permit."
[b] 
Municipality road occupancy permits. "No building permit will be issued until the Municipal Engineer or designee has verified the sight distance."
[2] 
Street intersections shall be located at a point that provides optimal sight distance in both directions.
(f) 
When a subdivision or land development plan, whether preliminary or final, is proposed, and access to the property is from an existing permitted driveway, a copy of the approved PennDOT highway occupancy permit or a local highway occupancy permit shall be submitted with the plan.
E. 
Lot design standards.
(1) 
Area and other dimensions of lots and parcels shall conform with the requirements of Chapter 240, Zoning.
(2) 
All lots shall front on a public street, except that such frontage may be located on a private street where such private street is permitted as set forth in this chapter.
(3) 
As design guidelines, the ratio of the depth of any lot to its width shall not be greater than three to one, except as may be specified in Chapter 240, Zoning.
(4) 
Side lot lines shall be substantially at right angles or radial to street lines.
(5) 
If remnants of land exist after subdividing, they shall be incorporated into existing or proposed lots, conveyed to a duly created property owners' association, or dedicated to public use if acceptable to the Borough.
(6) 
Double frontage lots are prohibited, except where employed to prevent vehicular access to arterial traffic streets.
(7) 
Flag lots.
(a) 
Flag lots, as defined, shall only be permitted when they will enable the preservation of some important natural or cultural feature, including productive farmland, which would otherwise be disturbed by conventional lotting techniques. Such feature(s) shall be identified on the subdivision plan along with a statement on how conventional lotting techniques would adversely disturb such features.
(b) 
The minimum lot area shall be as is required by Chapter 240, Zoning. The flagpole shall not be used in determining the applicable minimum lot area requirement. No further subdivision of a flag lot is permitted unless public streets or private streets meeting requirements of this chapter are provided.
(c) 
Requirements of the flagpole.
[1] 
The minimum width shall be 30 feet wide measured at the right-of-way line. If further subdivision of the flag is possible, the width of the flagpole shall be 50 feet wide.
[2] 
The flagpole shall not exceed 600 feet in length, unless additional length is needed to avoid the disturbance of productive farmlands or some other significant natural or cultural feature.
[3] 
No part of the flagpole shall be used for any portion of an on-lot sewage disposal system nor any other improvement except a driveway and other permitted improvements such as landscaping, fencing, utility connections, mailboxes and signs.
[4] 
No flagpole shall be located within 200 feet of another one on the same side of the street, unless a shared driveway is utilized.
(d) 
Shared driveways.
[1] 
When two flag lots are proposed where the flagpole is side by side, such lots shall rely upon a shared driveway for vehicular access.
[2] 
A shared driveway shall serve a maximum of two flag lots.
[3] 
All shared driveways shall have a minimum width of 16 feet and cross-access easement shall be required to ensure common use of, access to, and maintenance of shared driveways. Such easement shall be recorded in language acceptable to the Borough and depicted on the subdivision plan. All plans proposing shared driveways shall contain the following note: "The owners of Lots_____, which have a common driveway, agree and understand this is a shared driveway, and as such are responsible for maintenance, care, improvements, and snow removal at their own diligence and expense. The maintenance and use of said shared driveway(s) shall be included in the deeds as said lots are sold."
(e) 
Flag lots cannot be developed on or accessed by a private street existing or proposed at the time of adoption of this chapter, unless the private street is constructed in accordance with § 220-13D(2).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Blocks.
(1) 
The length, width and shape of blocks shall be determined with due regard to the following:
(a) 
Provision of adequate sites for buildings of the type proposed.
(b) 
Zoning requirements.
(c) 
Topography.
(d) 
Requirements for safe and convenient vehicular and pedestrian circulation.
(2) 
Blocks shall normally have a minimum length of 750 feet or maximum length of 1,200 feet. In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection and pedestrian travel.
(3) 
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering a arterial traffic street are used; where special superblock, cluster design, planned unit developments or other large-scale, commercial or industrial developments are proposed; or where topographic or other conditions prevent such a design.
(4) 
Pedestrian interior crosswalks may be required where necessary to assist circulation or provide access to community facilities. Such crosswalks shall have a right-of-way width of not less than 10 feet and a paved walk of not less than four feet.
G. 
Off-street parking and loading and unloading. Every type of land development or subdivision shall provide off-street parking and loading and unloading spaces in accordance with Chapter 240, Zoning, of the Code of the Borough of Lewistown, as amended from time to time.
H. 
Driveways.
(1) 
Driveway widths shall be designed to properly and safely serve the function for which they are intended. Such driveways shall not be less than 10 feet wide or greater than 30 feet wide.
(2) 
Driveway entrances shall be clearly defined and shall provide a minimum turning radii at the street intersection of 10 feet when serving a residential area and 30 feet when serving a nonresidential development. Such turning radii shall be properly constructed in relation to the type of curb provided.
(3) 
The number of driveways and driveway intersections on an arterial street shall be minimized and avoided where possible. Permits for driveways intersecting with state roads or highways shall be secured from the Pennsylvania Department of Transportation. Such driveway intersections shall generally not be located closer than 70 feet from any street intersection right-of-way line. Driveway locations on Borough roads should be coordinated with the local roadmaster.
(4) 
Driveway grades shall not exceed 10% when access is to a collector or local street, or 7% when access is with an arterial street, except where such excess grade is required to provide adequate access to the parcel, and in such cases, a seven-percent leveling area shall be provided within 20 feet of the street right-of-way line.
(5) 
Driveways shall have adequate sight distance. No lot shall be created without acceptable sight distances for a driveway.
(6) 
Shared driveway provisions as delineated in Subsection E(7)(d)[3].
I. 
Stormwater management.
(1) 
Prior to the approval of any subdivision or land development plan or the commencement of any development covered by this chapter, the developer shall submit a stormwater management plan to the Borough for review and approval.
(2) 
The stormwater management plan shall conform in all ways to Chapter 208, Stormwater Management, of the Borough of Lewistown, as amended and supplemented from time to time.
[Amended 6-13-2011 by Ord. No. 2011-4]
(3) 
When plan applications are submitted in sections, sufficient information shall be provided to demonstrate how the stormwater management plan for the proposed section relates to all other sections of development and to the entire development as a whole.
J. 
Easements.
(1) 
Easements with a minimum width of 15 feet plus the width of any physical improvement or with the minimum width of any natural swale shall be provided as necessary for all utilities and drainage facilities, including installation of private utility services. For purposes of this provision, a drainage easement must have a minimum flow path that will not impede flow. No structures, trees or shrubs shall be permitted in a drainage easement.
(2) 
Aboveground utilities shall be placed along the rear or side lot lines unless they exist along the street prior to the submission of the preliminary plan to the Borough.
(3) 
Easements for installation of underground conduits for electric power, telephone and television cable lines shall be provided so that each lot or leased unit can be practically served.
(4) 
To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
(5) 
Where a major subdivision is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially to the line of such watercourse and of such width as will be adequate to preserve natural drainage.
K. 
Water supply and sewage facilities. All subdivisions and land developments located within the Borough shall be served with an adequate water supply system and with an adequate sewage system and shall be connected to the Lewistown Borough sanitary sewer system and to the public water supply.
L. 
Other utilities.
(1) 
A plan for providing all necessary utility services to the proposed subdivision and land development shall be prepared by the applicant in cooperation with the appropriate public utility companies and governmental agencies. Wherever possible utilities shall not be placed under the paved portion of a street and easements should be provided to facilitate utility locations in areas that will facilitate easy access to and repair of utility lines.
(2) 
Fire hydrants shall be required in medium- and/or high-density areas (density of more than three units per acre) and wherever a central water system is installed. Spacing of hydrants shall be such that no residential structure shall be farther than 600 feet and no nonresidential structure shall be farther than 400 feet from a hydrant. Additional standards published by the Insurance Services Office of Pennsylvania may also be applied by the Borough Council.
(3) 
All electric utility distribution lines, telephone, cable TV and other similar lines shall be encouraged to be installed underground in all major subdivisions or land developments.
(4) 
Wherever practicable, in accordance with good engineering practice, utility easements and trenches shall be occupied jointly by compatible utilities.
(5) 
All public and/or private utilities and facilities located in designated flood-prone (one-hundred-year flood) areas, including gas and electric, shall be elevated or floodproofed up to the regulatory flood elevation.
M. 
Erosion and sedimentation control. The Department of Environmental Protection under the authority of the Pennsylvania Clean Streams Law, Act of June 22, 1937, P.L. 1987, No. 394, as amended and supplemented, requires that all applicants proposing subdivisions and land developments requiring the movement of earth prepare a soil erosion and sedimentation control plan and/or a NPDES permit. The applicant shall contact the Mifflin County Conservation District for design and submission requirements. The soil erosion and sedimentation control plan shall be prepared in accordance with the provisions of the Pennsylvania Clean Streams Law.[2] The Borough Council may require a copy of the plan to be submitted for review and approval prior to approval of the final subdivision or land development plan.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
N. 
Additional nonresidential requirements.
(1) 
Commercial/industrial/institutional. Lot area for commercial, industrial, and institutional land uses shall be of sufficient size to incorporate all design elements of this chapter (parking, sewage disposal, water supply, landscaping, etc.).
(2) 
Wherever possible, commercial and industrial parcels should include enough land to provide for a group of commercial establishments to be planned, developed and operated as a unit. Such a development shall be planned with coordinated driveways, parking areas and other common facilities. Narrow, highway ribbon developments fronting directly on an arterial street should be discouraged whenever possible.
(3) 
Traffic movements in and out of commercial and/or industrial areas should not interfere with external traffic nor should it create hazards for adjacent residential areas.
(4) 
The design of streets, service drives and pedestrianways should provide for safe and hazard-free internal circulation.
(5) 
Block layout and design shall give due consideration to site conditions, to the best possible service to customers, traffic and parking circulation and pickup and delivery services. Plans shall include the total square footage of all proposed buildings, percent of lot coverage, number of parking and loading spaces provided, and a landscaping plan as provided under § 220-13N(7) of this chapter, including the names, sizes, quantities and approximate location of all proposed plant materials (trees and shrubs), if required.
(6) 
The total area shall be sufficient to provide adequate space for off-street parking and loading, landscaping and other facilities required to properly serve the intended use.
(7) 
A landscape plan shall be provided and shall include suitable landscaping around buildings that shall serve as a buffer between a proposed use and adjacent residential land uses. The plan shall include the plant names, sizes, quantities and general information for each plant proposed. Landscape screens must achieve visual blockage within two years of installation.
O. 
Traffic impact study.
(1) 
All residential developments or subdivisions containing 20 or more dwelling units or residential lots and all nonresidential developments (with the exception of agricultural development) that generate 50 or more new peak-hour trips or 300 total trips per day shall provide studies and reports in accordance with the requirements of this section. All applicants with subdivisions and/or land developments that do not meet the above-stated criteria shall submit the information required in Subsection P(4).
(2) 
The applicant is responsible for assessing the traffic impacts associated with a proposed development that meets any condition set forth above. Prior to preparing a traffic impact study, the applicant shall meet with the Borough for a "scoping" session to review and discuss the overall project, development activity in the area, other prior traffic impact studies (if applicable), and other critical points related to the satisfactory completion of the study. The applicant shall be responsible for all data collection efforts required in preparing a traffic impact study including peak period turning movement counts. In addition, the applicant is responsible for ensuring that any submitted development plans meet the minimum state and local standards for geometric design. The study shall be conducted only by a professional engineer that has verifiable experience in traffic engineering. Upon submission of a draft study, the Borough may review the data sources, methods and findings, and provide comments in written form. The applicant will then have the opportunity to incorporate necessary revisions prior to submitting a final study.
P. 
Traffic impact study contents. A traffic impact study prepared for a specific-site development proposal shall follow the basic format shown below. Additions or modifications should be made for a specific site, when appropriate. This basic format allows for a comprehensive understanding of the existing site, future conditions without the proposed use, and the impacts associated with the proposed subdivision and/or land development plan.
(1) 
Introduction. This section identifies the land use and transportation setting for the site and its surrounding area.
(a) 
Site and study area boundaries. A brief description of the size of the land parcel, general terrain features, legal right-of-way lines of the highway, and the location within the jurisdiction and the region should be included in this section. In addition, the roadways that afford access to the site and are included in the study area should be identified. The exact limits of the study area should be based on engineering judgment and an understanding of existing traffic conditions at the site. In all instances, however, the developer, the engineer, and the Borough must mutually agree upon the study limits.
(b) 
Site description. This section should contain a brief narrative that describes the proposed development in terms of its function, size and near and long-term growth potential. This description should be supplemented by a sketch that clearly shows the proposed development within the site boundaries, its internal traffic circulation pattern and the location and orientation of its proposed access points.
(c) 
Existing and proposed site uses. The existing and proposed uses of the site should be identified in terms of the various zoning districts in the jurisdiction. In addition, identify the specific use on which the study is based since a number of uses may be permitted under the existing ordinances.
(d) 
Existing and proposed nearby uses. Include a complete description of the existing land uses in the vicinity of the site as well as their current zoning. The applicant should also state the proposed uses for adjacent land, if known. This latter item is especially important where large tracts of undeveloped land are in the vicinity of the site and within the prescribed study area.
(e) 
Existing and proposed roadways and intersections. Within the study area, describe existing roadways and intersections (geometries and traffic signal controls), as well as possible future improvements under consideration by government agencies.
(2) 
Analysis of existing conditions. This section describes the results of the volume/capacity analysis to be completed for the roadways and intersections in the study area under existing conditions, as well as any data collection efforts that are required.
(a) 
Daily and peak-hour(s) traffic volumes. Provide schematic diagrams depicting daily and peak-hour(s) traffic volumes for roadways within the study area. Turning movement and mainline volumes are to be presented for the three peak-hour conditions (a.m., p.m. and site-generated), while only mainline volumes are required to reflect daily traffic volumes. Include the source and/or method of computation for all traffic volumes.
(b) 
Volume/capacity analyses at critical points. Utilizing techniques described in the most current version of the Highway Capacity Manual, highway capacity software, or derivative nomographs, include an assessment of the relative balance between roadway volumes and capacity. Perform the analysis for existing conditions (roadway geometries and traffic signal controls) for the appropriate peak hours.
(c) 
Level of service at critical points. Based on the results obtained in the previous section, levels of service (A through F) are to be computed and presented. This section should also include a description of typical operating conditions at each level of service.
(3) 
Analysis of future conditions without development. This section describes the anticipated traffic volumes in the future and the ability of the roadway network to accommodate this traffic without the proposed zoning or subdivision request. The future year(s) for which projections are made will be specified by the Borough and will be dependent on the timing of the proposed development.
(a) 
Daily and peak-hour(s) traffic volume. Clearly indicate the method and assumptions used to forecast future traffic volumes in order that the Borough can duplicate these calculations. The schematic diagrams depicting future traffic volumes will be similar to those described in Subsection P(2)(a) in terms of locations and times (daily and peak hours).
(b) 
Volume/capacity analyses at critical locations. Describe the ability of the existing roadway system to accommodate future traffic (without site development). If roadway improvements or modifications are committed for implementation, present the volume/capacity analysis for these conditions.
(c) 
Levels of service at critical points. Based on the results obtained in the previous section, determine levels of service (A through F).
(4) 
Trip generation. Identify the amount of traffic generated by the site for daily and the three peak conditions. The trip generation rates used in this phase of the analysis shall be justified and documented to the satisfaction of the Borough Council.
(5) 
Trip distribution. Identify the direction of travel for site-generated traffic for the appropriate time periods. The basic method and assumptions used in this work must be clearly stated in order that the Borough can replicate these results.
(6) 
Traffic assignment. Describe the utilization of study area roadways by site-generated traffic. The proposed traffic volumes should then be combined with anticipated traffic volumes from Subsection P(3) to describe mainline and turning movement volumes for future conditions with the site developed as the applicant proposes.
(7) 
Analysis of future conditions with development. This section describes the adequacy of the roadway system to accommodate future traffic with development of the site.
(a) 
Daily and peak-hour(s) traffic volumes. Provide mainline and turning movement volumes for the highway network in the study area as well as driveways and internal circulation roadways for the appropriate time period.
(b) 
Volume/capacity analyses at critical points. Perform a volume/capacity analysis for the appropriate peak hours for future conditions with the site developed as proposed, similar to Subsection P(2)(b) and (3)(b).
(c) 
Levels of service at critical points. As a result of the volume/capacity analysis, compute and describe the level of service on the study area roadway system.
(8) 
All highway capacity evaluations shall consider the overall intersection level of service and delay, and evaluate each approach and movement to identify any substantial values that need to be improved.
(9) 
Recommended improvements. In the event that the analysis indicates unsatisfactory levels of service will occur on study area roadways, a description of proposed improvements to remedy deficiencies should be included in this section. These proposals would not include committed projects by the state and local jurisdictions that were described and reflected in the analysis. The preferred level of service is C; however, a lower level of service may be permitted if the existing level of service is less than C, provided that the permitted level shall not be lower than the existing level of service.
(10) 
In the event that the intersection/driveway accesses which are the subject of the study do not warrant a traffic control device in accordance with the standards of the Pennsylvania Department of Transportation or cannot be improved to achieve a level of service of C due to existing physical limitations such as lack of right-of-way, the permitted level of service may be lower than C if the existing level is less than C.
(a) 
Proposed recommended improvements. Describe the location, nature and extent of proposed improvements to assure sufficient roadway capacity. Accompanying this list of improvements shall be preliminary cost estimates, sources of funding, timing and likelihood of implementation by the developer.
(b) 
Volume/capacity analyses at critical points. Another iteration of the volume/capacity analysis will be described that demonstrates the anticipated results of making these improvements.
(c) 
Levels of service at critical points. As a result of the revised volume/capacity analysis presented in the previous section, present levels of service for the highway system with improvements.
Q. 
Lighting. Exterior lighting, except for overhead streetlighting and warning, emergency, or traffic signals, shall be installed in accordance with Subsection Q(3) below in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways or into any residential area. The installation or erection of any lighting that may be confused with warning signals, emergency signals or traffic signals shall be unlawful. Any lighting that produces glare shall not cause illumination in excess of 5/10 footcandle measured at the property line.
(1) 
Measurement. Lighting levels shall be measured in footcandles. Measurement shall be taken with a direct reading portable light meter or light-reading equipment recommended by the Borough Engineer.
(2) 
Method. Readings shall be taken by qualified personnel so that the light-reading meter has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination at the property line at ground level. This procedure eliminates the effects of moonlight and other ambient light.
(3) 
Lighting shall be required in all major subdivision plans and land development plans. These lighting requirements provide appropriate standards to ensure adequate nighttime safety and security while minimizing the spillover of light and glare on operators of motor vehicles, pedestrians and land uses near the light source. The safety, welfare, nuisance and hazardous aspects of lighting form the basis of these regulations.
(a) 
Requirements. Exterior lighting shall be provided in parking areas, pedestrian sidewalks and walkways and nonresidential driveway intersections in accordance with the following standards. Lighting used for security purposes shall also conform to the following standards. All luminaires used for exterior lighting shall be full cutoff, as classified by the Illuminating Engineering Society of North America (IESNA) and shall meet the following:
Maximum Permitted Illumination
(footcandles)
Maximum Permitted Height of Luminaire
(feet)
Residential
1.0
25
Nonresidential
3.0
40
(4) 
Exemptions.
(a) 
Because of their unique requirements for nighttime visibility and their limited hours of operation, public and private recreational uses such as ball diamonds, playing fields, tennis courts and volleyball courts are exempt from the above requirements. These uses must meet all other requirements of this section.
(b) 
Outdoor public and private recreational uses specified above shall not exceed a maximum permitted post height of 80 feet.
Luminaires for outdoor public and private recreational uses need not be full cutoff, provided that the luminaires are shielded to prevent light and glare spillover to adjacent residential uses. The maximum permitted illumination at the interior buffer yard line shall not exceed two footcandles.
(5) 
Additional requirements.
(a) 
Flickering or flashing lights shall not be permitted.
(b) 
The location and type of lighting required by this section shall be shown on the site plan submitted for development.
(c) 
Low-level pedestrian lighting for sidewalks should be provided as necessary for safety. Low-level sidewalk illumination for nonresidential uses shall be between 0.5 to 1.0 footcandle. Low-level sidewalk illumination for residential uses shall be between 0.2 and 0.3 footcandle.