[Ord. 197, 12/1/2008]
1.
The following principles, standards and requirements shall be applied by the Borough Council in evaluating plans for proposed subdivision and land development. In addition, the standards set forth in the Borough Zoning Ordinance [Chapter 27] for the particular district in which the subdivision or land development is taking place shall govern the layout of lots and/or design of buildings, parking lots and other facilities.
2.
The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of public health, safety and general welfare. Further discussion of the interpretation and authority of this Chapter and related regulations is contained in Part 1 of this Chapter.
[Ord. 197, 12/1/2008]
1.
The proposed use shall be suited to the land to be subdivided and developed in conformance with the Borough's Comprehensive Plan (1995) and Zoning Ordinance (2002) [Chapter 27], as amended from time to time. Proposed land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
2.
No land shall be developed unless all hazards to life, health or
property from flood, fire and disease shall have been eliminated or
unless the plans for the development shall provide adequate safeguards
against such hazards.
3.
No parcel of land shall be created, either by inclusion or exclusion
from a proposed subdivision or land development, which would result
in lots or land use that would in any way be inconsistent with the
existing zoning regulations for that district in which the land to
be developed or subdivided is located.
4.
The design of the proposed subdivision and land development shall
preserve, to the greatest extent possible, the natural features and
topography of the site.
[Ord. 197, 12/1/2008]
1.
The length, width and shape of blocks shall be determined with due
regard to:
A.
Provision of adequate sites for buildings of the type proposed.
B.
Least adverse impact to topography and natural features.
C.
Requirements for safe and convenient vehicular and pedestrian circulation
by establishing a grid system of connecting streets.
D.
Thoughtful, effective and innovative site sensitive design to create
an attractive community.
2.
Blocks shall have a maximum length of 1,150 feet and a minimum length
of 350. In the design of blocks, special consideration should be given
to access for fire protection, whether by an easement for emergency
access or sidewalk installation.
3.
Wherever practicable, blocks shall be two lot depths wide, including
two blocks that are separated by an alley. Except for corner lots
located at street intersections or where reverse frontage or double
frontage lots are necessary and approved, blocks shall have lots that
front on only one street.
4.
Blocks for commercial and industrial areas may vary from the elements
of design contained in this Section if the nature of the use requires
other treatment.
[Ord. 197, 12/1/2008]
1.
General Lot Design Standards.
A.
Lot dimensions and areas and minimum front yard setbacks shall not be less than as required by the Borough Zoning Ordinance [Chapter 27], as amended from time to time.
B.
Lot dimensions, areas, and orientation shall be appropriate for the type of development and use contemplated, and sufficient to provide satisfactory space for required off-street parking, accessory uses, loading and unloading, landscaping and other applicable standards of the Borough Zoning Ordinance [Chapter 27] and other applicable Borough codes and ordinances.
C.
In general, side lot lines shall be substantially at right angles
or radial to street lines.
D.
In order to avoid municipal jurisdictional issues, lot lines shall
follow Borough boundaries rather than cross them, to the greatest
extent feasible.
E.
No lot shall be reduced through subdivision so that the area of the
lot or the dimensions of the required yards shall be smaller than
the requirements of the applicable zoning district. All areas of a
tract shown on a subdivision or land development plan shall be incorporated
into existing or proposed lots unless special usage for a specific
piece of land is applied for as part of a subdivision or land development
proposal.
F.
Where land has been dedicated for widening of existing streets, lots
shall begin at such adjusted street right-of-way line, and all setbacks
shall be measured from such adjusted street right-of-way line.
G.
House numbers and street names shall be assigned to each lot by the Borough in accordance with established methods and as specified in § 22-505.
H.
Irregular lots as defined in this Chapter are prohibited.
2.
Lot Frontage Standards.
A.
Except as provided in Subsection 4 below, all lots shall have frontage on and direct access to the street right-of-way line, existing or proposed. Each lot shall have, in addition to the required minimum width based on the Zoning Ordinance [Chapter 27], sufficient free and complete access to an existing or proposed street to avoid the need to cross any portion of another lot to reach such street.
B.
Each lot in any district shall have a width at the street line of
not less than 60% of the required lot width at the building setback
line.
3.
Reverse Frontage Lots.
A.
Within Honey Brook Borough, for access management concerns, applicants shall make every effort feasible to avoid direct vehicular access from a lot to either Route 322 or Route 10. In accordance with Honey Brook Borough Zoning Ordinance [Chapter 27], § 27-1111.A, unless clearly impractical or inappropriate due to physical conditions or traffic access management considerations, lots which abut two or more public streets shall have direct access only to the street of lesser functional classification.
4.
Interior Lots. Lots for which the only frontage on a street is by
an access strip the sole purpose of which is to provide fee-simple
access from that street to the principal part of the lot, shall be
permitted only if all of the following requirements are satisfied.
A.
The Borough discourages the creation of flag lots and there should
be no more than one interior lot created in any subdivision or land
development.
B.
No more than one flag lot access strip shall be formed per block,
unless otherwise determined by Borough Council upon recommendation
from the Borough Planning Commission. The creation of such lots shall
be minimized and limited to those circumstances dictated by the configuration
or unique factors of the site as determined by Borough Council, with
recommendations by the Borough Planning Commission; however, the applicant
shall not be permitted to use interior lot design to avoid constructing
or extending streets.
C.
No more than two interior lots in depth shall be created along a
new or existing street; unless otherwise approved by Borough Council
with recommendations by the Borough Planning Commission.
D.
A flag lot, once subdivided, shall not be further subdivided without
the provision of direct public road access.
E.
An interior lot shall have a fee-simple access strip, with a minimum
width for its entire depth of 24 feet, which has frontage along the
street right-of-way.
F.
Any driveway constructed in the access strip connecting the main
portion of a flag lot with a public road shall be provided with full
and adequate drainage facilities designed in accordance with applicable
Borough ordinance requirements, which shall be approved by the Borough
Engineer.
G.
If any portion of a flag lot access strip located within 100 feet
of a public road exceeds an average grade of 8%, off-street parking
for two vehicles shall be provided within an area 100 feet from such
public road along the proposed driveway.
H.
The minimum lot area, lot width, lot depth, and setback of the zoning
district in which the lot is located shall be met, exclusive of the
access strip.
I.
All structures are located on the lot so as to provide the zoning
district's required setback, should the access strip later become
a street.
[Ord. 197, 12/1/2008]
1.
Proposed streets shall be properly related to such street plans or
parts thereof as have been officially prepared and adopted by the
Borough, including recorded subdivision or land development plans
and shall be classified according to their function.
2.
Proposed streets shall further conform to such Borough, County and
State road and highway plans as have been prepared, adopted and filed
as prescribed by law.
3.
Public streets shall be constructed or improved in accordance with
the applicable design and construction standards of this Part.
4.
Private streets shall adhere to the design standards and other requirements of § 22-512, "Private Streets," of this Chapter.
5.
Thoughtful and site sensitive design of streets and their relationship
to the arrangement and shape of lots and the existing street pattern
is required. Streets shall be logically related to the topography,
the existing street pattern, and lot configuration so as to produce
usable lots, continue the existing grid street pattern, reasonable
grades, proper alignment and drainage and to provide for adequate
sight distance. To the degree possible, the Borough encourages lot
configuration and street design, in the Borough and in areas immediately
adjacent to the Borough, to conform to the grid pattern present in
the Borough.
6.
Minor collector and local streets shall be laid out so as to discourage
regional through traffic, but provisions for street connections into
and from adjacent areas may be required by the Borough Council. Arterial
and major collectors, as defined herein, shall be connected with such
existing streets so as to form continuations thereof.
7.
Additional Right-of-Way and Improvements.
A.
Where a subdivision or land development abuts or contains an existing
or proposed street, the Council may request dedication of additional
right-of-way to provide the minimum right-of-way or may request all
normally required improvements to the existing right-of-way in conformance
with Borough design standards, as well as, rear service streets (alleys),
reverse frontage lots, or such other treatment as will provide protection
for abutting properties, reduction in the number of intersections
or access points with the more major functionally classified street,
and separation of local and through traffic. However, the Borough
Council shall not accept dedication of rights-of-way along Commonwealth
of Pennsylvania roadways.
B.
Where warranted because of additional traffic, drainage, or comparable
problems/conditions, both sides of said street are to be improved
as a responsibility of the applicant, or by means of sufficient funds
escrowed for use by the Borough to execute such improvement. A traffic
study shall be submitted to the Borough for review by the Borough
Engineer to support the determination of what traffic improvements
are warranted.
C.
If lots resulting from a proposed subdivision are of sufficient area
to permit further subdivision, or if a portion of the tract is not
subdivided at the time of application, adequate street rights-of-way
to permit further subdivision shall be provided as necessary, to be
no less than the rights-of-way then required for minor collector or
local streets. Remnants, reserve strips and landlocked areas shall
not be created.
D.
Where, in the opinion of the Borough, it is desirable to provide
for street access to adjoining property, streets shall be extended
by dedication to the boundary of such property. If a subdivision proposes
lots, all of which front on existing public roads, the Borough may
require the applicant to reserve land adequate to provide for future
street access from public roads on which the lots front to the land
to the rear of the proposed lots. Such reserved areas shall be of
such dimensions to permit the construction of streets meeting the
standards of this Chapter.
E.
If a portion of the applicant's property is not proposed for
subdivision, but could be subdivided in the future, the Borough shall
require a master plan be prepared in sketch form which identifies
the location of intended future access points for the portion of the
property that is not subdivided and may require the reservation of
land to be delineated on the recorded plan and via recorded document
in the Office of the Recorder of Deeds adequate to provide for future
street access to land which could be resubdivided or subdivided in
the future and require that the location of land reserved for future
streets be coordinated with the street system shown on the subdivision
plan.
8.
Half or Partial Streets. New half or partial streets shall not be
permitted except where essential to reasonable development of a tract
in conformance with the other requirements and standards of this Chapter
and where, in addition, dedication of the remaining part of the street
has been secured. Wherever a tract to be developed borders an existing
half or partial street, the other part of the street shall be plotted
within such tract. Where new half or partial streets are proposed,
the acceptance of final plans shall be conditioned upon the provision
of guarantees assuring the construction or completion of such streets
to Borough standards. A temporary cul-de-sac turn around shall be
required for partial streets in the interim. The temporary turn around
area shall be removed when the roadway is constructed to its full
length. The temporary cul-de-sac turn around shall be constructed
to permanent roadway standards.
9.
Proposed streets in alignment with named existing streets and continuations
of existing streets shall be known by the same name as the existing
streets. However, names for other streets not in alignment or a continuation
of an existing street shall not duplicate or closely resemble names
for any of the existing streets in the region. In all cases, however,
all street names are subject to the approval of the Borough Planning
Commission, Borough Council, the Post Master, and 911 emergency coordinator
having jurisdiction.
10.
Where streets continue into adjoining municipalities, evidence of
compatibility of design, particularly with regard to street widths,
shall be submitted. The applicant shall coordinate such designs with
the Borough to avoid abrupt changes in cartway width or in improvements
provided.
11.
Street name signs shall be installed at all street intersections,
identifying both intersecting streets. The design and placement of
such signs shall be subject to approval of the Borough. The signs
shall be visible from all directions of approach to an intersection.
Generally, they shall be parallel to the street identified. The signs
shall be of a rust-proof material or shall be adequately protected
against corrosion and shall be of a type and size with mounting and
supports as specified by the Borough.
12.
Proposed streets shall be laid out to continue existing or recorded streets at equal width, as regards both cartway and right-of-way, where such continuations meet minimum widths shall be as established in § 22-507, below.
13.
Where it is necessary to relocate existing utility poles to make
room for new or improved roads or for other improvements related to
a subdivision or development, the developer shall be fully responsible
for relocating the utility poles and the associated costs. Whenever
possible, such relocated poles shall be transferred to underground
facilities rather than aerial poles to compliment the revitalization
plan of the Borough.
[Ord. 197, 12/1/2008]
1.
Cul-de-sac streets are discouraged in the grid street system in and
around the Borough.
2.
Dead-end streets shall be prohibited, except as stubs to permit future
street extension into adjoining tracts, which will not be the primary
means of access to any lot, or when designed as cul-de-sac streets.
3.
Unless future extension is clearly impractical and undesirable, the
cul-de-sac turnaround right-of-way shall be placed adjacent to a property
line and the turn around shall be circular and shall be completely
within the right-of-way. A right-of-way of the same width as the cul-de-sac
street shall be carried to the property line in such a way as to permit
future extension of the street into the adjoining tract. The applicant
shall have the burden of showing the impracticality of extending a
street to a property line in order to justify a shorter street.
4.
Any street temporarily dead-ended for access to adjoining property
or for authorized stage development shall be provided with a temporary
all-weather turnaround within the subdivision or land development,
and the use of such turnaround shall be guaranteed to the public until
such time as the street is extended.
5.
Cul-de-sac streets and other single access streets, permanently designed
as such, shall not be shorter than 250 feet nor longer than 600 feet.
6.
Single-access (including cul-de-sac) streets permanently designed
as such may serve a maximum of 20 residential lots or 40 multi-family
dwelling units.
7.
A permanent cul-de-sac shall have a circular turnaround with a minimum
right-of-way radius of 50 feet and a minimum outer paving radius of
40 feet provided that no parking shall be permitted within the cul-de-sac.
Greater cul-de-sac radii may be used, such as when parking is to be
permitted, based on the recommendation of the Borough Planning Commission
and approval by Borough Council.
8.
If used, center islands in the cul-de-sac turnarounds shall be curbed.
A permanent cul-de-sac with a center island shall have a circular
turnaround with a minimum right-of-way radius of 55 feet and a minimum
outer paving radius of 45 feet.
9.
A permanent cul-de-sac may not be approved when a through street
is practical. In order to justify a cul-de-sac street, permanently
terminated, the applicant shall have the burden of showing the infeasibility
of a through street.
10.
The turnaround portion of a cul-de-sac street shall have a maximum
slope across the diameter of 5% across the diameter in any direction.
The minimum grade around the curbing shall not be less than 1%.
[Ord. 197, 12/1/2008]
1.
The minimum right-of-way and cartway widths for all new streets in
the Borough shall be as follows, as applicable for such street.[1]
[1]
Editor's Note: The Street Widths Standards table is included as an attachment to this chapter.
2.
Minimum cartway widths, as established herein for most residential
streets, are not designed to accommodate on-street parking or shoulders.
Additional right-of-way and cartway widths may be required by the
Council for the following purposes:
A.
To promote public safety and convenience, access, or mobility.
B.
To provide parking space in commercial districts and in areas of
higher density residential development.
C.
To provide a shoulder area to accommodate bicycle traffic among other
functions.
D.
To accommodate special topographic circumstances which may result
in cut/fill slopes extending beyond the standard cartway or right-of-way
width. These should be included within the right-of-way in all circumstances
to assure accessibility for maintenance operations.
3.
Cartways or rights-of-way of lesser width than prescribed in this
Section shall not be permitted.
4.
Subdivisions or land developments abutting existing streets shall
provide, for dedication, the minimum cartway and right-of-way widths
for those streets in accordance with the provisions of this Section.
[Ord. 197, 12/1/2008]
1.
Horizontal Curves.
A.
All deflection of street lines in excess of 1° shall be connected
by use of horizontal curves.
B.
To insure adequate sight distance, minimum centerline radii for horizontal
curves shall be as follows:
C.
A tangent shall be required between curves. However, a long radius
curve shall be preferred in all cases to a series of curves and tangents.
In addition, compound curves may be satisfactory in some instances.
Tangents of 100 feet shall be required between reverse curves.
[Ord. 197, 12/1/2008]
1.
Center line grades shall not be less than 1%.
2.
Center line grades in excess of 5% shall be avoided whenever possible,
however, center line grades shall not exceed the following:
A.
Local street: 7%, except that a maximum grade of 10% on local streets
may be permitted for short lengths not to exceed 250 feet where natural
contours provide conditions for minimal grading at the steeper grade.
B.
Collector street: 6%.
C.
Arterial street: as established by the Pennsylvania Department of
Transportation.
D.
Cul-de-sac street: 7%.
E.
Service street (alley): 7%.
3.
Vertical Curves. Vertical curves shall be used at changes of grade
exceeding 1% and shall be designed in relation to the extent of the
grade change to provide the following minimum sight distances:
4.
Under no conditions will maximum grades be permitted with minimum
curve radii.
5.
Where the grade of any street at the approach to an intersection
exceeds 4%, a leveling area shall be provided having not greater than
4% grades for a distance of 100 feet measured from the intersection
of the center lines of streets.
6.
All streets shall be graded to the grades shown on the street profile
and cross-section plan submitted and approved with the final, approved
and recorded plan of subdivision and land development. All grading
shall meet the requirements of Borough ordinances and shall be inspected
and checked for accuracy by the Borough Engineer.
7.
Grading of 1/4 of an inch per one foot shall be provided in the area
from the back of the curb to at least 10 feet from the face of the
curb, or in the full right-of-way width from the back of the curb,
whichever area is greater. This grading width shall be increased as
necessary where sidewalks or planting strips, or sidewalks and planting
strips, are to be provided. Beyond the limits of this grading, banks
shall be sloped to prevent erosion, but this slope shall not exceed
two horizontal to one vertical, with tops of slope in cuts rounded.
[Ord. 197, 12/1/2008]
1.
Street intersections shall be at right (90°) angles, except as
approved by the Borough, and always when local residential streets
empty into collector or arterial streets. There shall be no intersection
angle of less than 75°, or more than 105°, measured at the
center line.
2.
No more than two streets shall intersect at the same point.
3.
To the fullest extent possible, intersections with arterial streets
shall be located not less than 1,000 feet apart, measured from center
line to center line. Exceptions shall be those cases deemed to require
closer spacing without endangering the public's safety, as approved
by the Borough Engineer.
4.
Streets entering from opposite sides of another street shall either
be directly across from each other or offset by at least 150 feet
on local, 200 feet on collector, and 400 feet on arterial streets,
measured from center line to center line.
5.
All street intersections shall have a minimum paving radius corresponding
to the following minimum lengths:
A.
Local streets: 25 feet.
B.
Collector streets: 30 feet.
C.
Arterial streets: 50 feet.
|
Where streets of different functional classifications intersect,
the requirements for the higher classification shall hold. The Borough
Council may increase the required radii where it considers such design
advisable at intersections involving arterial streets.
|
6.
All necessary street name signs and traffic control signs shall be
the responsibility of the applicant to provide and erect. An applicant
for subdivision or land development shall be required to provide standard
traffic control signs for streets within the subdivision. The proposed
location of said signs must be shown on final plans. The street signs
shall be of the type existing in the neighborhood, shall meet PennDOT
safety standards, and shall be subject to approval by the Borough
Council. Street signs and traffic control signs shall be erected before
the issuance of any certificates of occupancy on that street. The
traffic control devices required within the subdivision or land development
shall be based upon a traffic study prepared by the applicant and
subject to the review and approval of Borough Council. The applicant
shall be responsible for all costs related to the installation of
any and all new required traffic controls, including traffic signals,
within the proposed subdivision, which shall also include any traffic
lights required to be installed at the entrance or street intersection
used to access the proposed subdivision. This responsibility shall
include all traffic lights required due to an entirely new subdivision
or the expansion of an existing subdivision. All new traffic lights
installed within the Borough are required to be equipped with a pre-emptor
device at the applicant's cost.
[Amended by Ord. 236, 12/21/2015]
7.
Intersections shall be controlled by stop signs, except that one
through street may be designated for each intersection, or by traffic
signals, as may be required by the Borough Council.
8.
Clear sight triangles shall be provided at all street intersections
and driveway intersections with streets. Within such triangles, no
vision-obstructing object shall be permitted which obscures vision
above the height of 30 inches and below 10 feet, measured from the
centerline grade of intersecting streets. Each side of the sight triangle
shall be a minimum of 75 feet, measured from the point of intersection
along each road centerline. Deed restrictions, easements, or dedicated
right of way may be required at all intersections involving arterials
or collector street, and may be required for local street intersections
to ensure that clear sight triangles are maintained.
9.
Notwithstanding any other requirements of this Chapter, in designing
street intersections, the sight distance dimensions most currently
recommended by PennDOT shall be used. Sight distance shall be measured
from a point set back 10 feet from the intersected pavement edge on
the street controlled by a stop sign or signal.
10.
Clearly marked crosswalks shall be provided at all intersections.
Crosswalks may also be required by the Borough Council at other locations
to promote the convenience and safety of pedestrian travel. The design
of crosswalks and the materials used shall be consistent with other
crosswalks in the Borough, and the terms of this Chapter.
[Ord. 197, 12/1/2008]
1.
All street pavement structures shall be constructed on a subgrade that has been prepared and compacted in accordance with the technical specifications contained in PennDOT Publication 408, most recent edition. Each layer of the pavement structure shall be produced, constructed, and compacted in accordance with the technical specifications contained in PennDOT Publication 408, most recent edition. In the event of a difference between the technical specifications contained in PennDOT Publication 408, most recent edition, and the technical specifications contained in this § 22-511, the technical specifications contained in the most recent edition of PennDOT Publication 408 shall apply.
[Amended by Ord. 212, 8/6/2012]
2.
Streets shall be surfaced to the grades and dimensions drawn on plans,
profiles, and cross-sections submitted by the developer and approved
by the Borough.
3.
Before paving the street surface, the developer shall install required
utilities and provide, where necessary, adequate subsurface drainage
to the streets, as acceptable to the Borough.
4.
The minimum pavement structure shall be as follows:
A.
Local Streets, Service Streets and Permanent Cul-de-Sacs.
B.
Collector Streets and All Non-residential Streets (Industrial).
(1)
Stone subbase (No. 2A), 6" depth.
(2)
Superpave Asphalt Mixture Design, 25.0 mm, PG64-22, Base Course,
0.3 to 3.0 million ESAL's, 4.5 inches depth.
(3)
Superpave Asphalt Mixture Design, 19.0 mm, PG64-22, Binder Course,
0.3 to 3.0 million ESAL's, 2 inches depth.
(4)
Superpave Asphalt Mixture Design, 9.5 mm, PG64-22, Wearing Course,
0.3 to 3.0 million ESAL's, SRL-M, 1.5 inch depth.
C.
Arterial Streets. Subject to pavement design for twenty-year life
based upon anticipated traffic loading, and PennDOT approval.
5.
In the case of subdivisions or land developments where substantial
truck traffic is anticipated the Borough Council may require, at their
discretion, that the pavement structure be based upon a pavement design
for a twenty-year life based upon anticipated traffic loading.
6.
Backfill of trenches, as specified in Subsection 10 within the cartway and curb area shall be thoroughly compacted prior to application of the base course.
7.
In fill areas over three feet thick, compaction tests are required
in each eight-inch layer at one-hundred-fifty foot intervals. The
tests must be performed by a certified testing laboratory and results
submitted to the Borough Engineer. All compaction must be 100% of
the maximum modified proctor density. Any layer not meeting this standard
shall be removed or rerolled until suitable compaction is obtained.
8.
When so required by the Borough Engineer, a tack coat shall be applied.
9.
Grading and Shoulders.
A.
Supporting shoulders shall be constructed on all sections of projects
where a base course or pavement is to be constructed without other
permanent support along the sides.
B.
Roadways shall be graded for not less than eight feet beyond the
edge of the proposed paving on each side. This grading width shall
be increased as necessary where sidewalks and/or planting strips are
to be provided. Shoulders shall be compacted and graded with a slope
of one inch per foot. Beyond the limits of this grading, banks shall
be sloped to prevent erosion, but this slope shall not exceed two
horizontal to one vertical, with tops of slope in cuts rounded.
10.
Backfilling of Trenches or Other Road Excavations in Existing or
Proposed Roads.
A.
Backfilling shall be done as promptly as possible.
B.
The trench shall be backfilled with coarse aggregate consisting of
screenings, 2RC, 2A or other aggregate as approved by the Borough
Engineer to a height of at least one foot above the top of the conduit,
pipe, or pipe bell. The backfill shall be free from refuse, boulders,
rocks, unsuitable organic material or other material that, in the
opinion of the Borough Engineer, is unsuitable.
C.
When the pipe is located in a dedicated street or any place where
paving (including driveways) may be placed, the remainder of the trench
shall be backfilled with No. 2A stone or other materials approved
by the Borough Engineer and promptly compacted. The backfill material
shall be mechanically tamped in approximately six-inch layers.
D.
Where openings have been made in existing roads, paving shall be
restored in accordance with the paving standards contained in this
Chapter. Openings made in State roads shall be restored in accordance
with the Pennsylvania Department of Transportation specifications.
Permits shall be obtained before paving is opened in any existing
State or Borough road.
E.
Where openings are made behind the curb line, work shall be as specified
below. The opening shall be covered with good topsoil to a depth of
six inches and seeded or sodded to the satisfaction of the Borough
Engineer.
F.
Whenever the trenches have not been properly filled or if settlement
occurs, they shall be refilled, compacted, and graded to conform to
the surface of the ground.
G.
Frozen earth shall not be used for backfilling, nor shall any backfilling
be done when materials already in the trench are frozen.
H.
Where excavated material, or any portion thereof, is deemed by the
Borough Engineer to be unsuitable for use as backfill, the applicant
or applicant's agent shall replace backfill material with material
approved by the Borough.
11.
Delivery slips for all material used in the construction of streets
shall be furnished to the Borough.
12.
The applicant shall be responsible for notifying all emergency service
agencies when construction will impact accessibility on existing roads.
[Ord. 197, 12/1/2008]
Private streets may be permitted by the Borough Council under
the following circumstances:
A.
As a condition to final plan approval, there shall be a signed agreement,
recorded with the Chester County Recorder of Deeds as part of the
final plan, between the applicant and the Borough specifying that
said streets will not be offered for dedication and will not be accepted
by the Borough unless constructed to Borough standards then existing
at the time of offer of dedication. Under no circumstances, however,
is the Borough obligated to accept dedication. Unless accepted for
dedication, owners and all successors of property which is to abut
a private street, shall be fully responsible for the permanent improvement
of the street and for maintenance thereof in a good and safe condition.
The agreement shall further stipulate:
(1)
That the street shall be constructed and maintained to conform
to Borough public street construction standards.
[Amended by Ord. 212, 8/6/2012]
(2)
Provisions for the maintenance, repair, construction, and reconstruction,
including drainage facility maintenance and snowplowing and method
of assessing costs. The deed for each new or existing lot fronting
on the private street shall reference the agreement.
(3)
All private streets shall be labeled "private."
(4)
That an offer of dedication shall be made for only the street
as a whole and conditions under which the street may be offered for
dedication, including stating that at the time of offer for dedication
the street must conform to the Borough public street specifications
or if the street does not conform to those standards, that the owners
of the abutting lots shall include with the offer of dedication sufficient
money, as estimated by the Borough Engineer, for the Borough to bring
the street into conformance with Borough specifications in effect
at the time of dedication.
(5)
That an agreement by the owners of at least 51% of front footage
thereon shall be binding for the remaining lots.
B.
Private streets shall meet the same design standards applicable to
public street construction standards in accordance with this chapter
and shall be classified according to the functional classification
which they serve. Type of paving, grades, sight distances, horizontal
curve limitations, storm drainage facilities and other elements of
street design shall be in accordance with the public street construction
standards contained in this chapter.
[Amended by Ord. 212, 8/6/2012]
[Ord. 197, 12/1/2008]
1.
Where alleys and service streets are permitted in residential developments, they shall have a minimum width as specified in § 22-507, and shall be curbed, where required, and paved for the cartway width, except that where alleys are one way and serve uses on only one side of the street, the Borough may permit a paved surface of not less than 12 feet.
2.
No part of any garage or other accessory use shall be located within 15 feet of the center line of an alley, or within the applicable setback dimension prescribed in the Borough Zoning Ordinance [Chapter 27], whichever is greater. However, off-street parking, with or without garages, may be situated adjacent to the street line of the alley when deemed by the Borough to be consistent with existing development patterns in the Borough.
3.
Alleys to provide secondary access to commercial, industrial, and
residential uses are encouraged and may be required if the Borough
deems it necessary.
4.
If it is impossible for an alley to go through a block to another
street, the alley shall be provided with a paved turnaround at its
closed end having a radius to the outer paved edge of not less than
25 feet. The design of such shall be approved by the Borough Engineer.
5.
Street systems within which alleys are a part shall be designed to
discourage through-traffic on alleys.
6.
Alleys should not intersect arterial or collector streets.
7.
Paving shall be the same as that required for public street construction
standards contained in this chapter.
[Amended by Ord. 212, 8/6/2012]
8.
Alleys shall meet all other applicable provisions of this Part.
[Ord. 197, 12/1/2008]
1.
Private driveways shall be provided, except as stated in Subsection 4 below, for all residences and the construction shall be in accordance with the regulations of this Section in order to provide safe access to Borough and State roads, to eliminate problems of stormwater runoff and to assure sufficient area for and access to off-street parking.
2.
There may be situations in the Borough where alleys with adjacent
off-street parking may be consistent with the historic development
pattern of the Borough. Therefore, it shall be at the discretion of
the Borough Council as to whether driveway requirements may be waived.
Where alleys are proposed, driveway access shall be through the alley.
Pursuant to the findings of the Comprehensive Plan, new development
in the Borough consistent with a more traditional town layout (utilizing
alleys and adjacent off-street parking) may not require private driveways
for each residence. The Borough Council shall have the sole discretion
to waive such requirements for new development, provided such development
conforms to accepted practices of small town design features or to
the official map, as applicable.
3.
All driveways shall be paved with concrete or bituminous materials from the edge of the street cartway or curb to a point in the lot 15 feet from the street right-of-way line of any public or private road. The remainder of the driveway may be constructed of any suitable stone, pavement, or all-weather surface. The driveway from the edge of the cartway to 15 feet into the lot from the street right-of-way line shall be paved with a minimum of No. 2A stone compacted to a thickness of six inches and bituminous wearing course, ID-2 (or equivalent) compacted to a minimum thickness of two inches. In cases where common driveways are permitted, and in addition to the provisions of Subsection 4 below, the portions of the driveway in common use shall be paved to a minimum width as determined by the Borough Engineer for a minimum distance of 15 feet from the street right-of-way line.
4.
A common or shared driveway, as defined by this Chapter, between uses is encouraged, and shall be of sufficient width, in the opinion of the Borough Engineer, to provide safe passage of two vehicles or shall have a sufficient number of pull-over areas to provide safe passage of two vehicles. Sufficient land area shall be reserved on each abutting lot for the widening of such common driveway should the need arise. An appropriate easement shall be recorded establishing any necessary right-of-way for access. In addition, consistent with Part 6 of this Chapter and § 27-1112 of the Borough Zoning Ordinance [Chapter 27], maintenance responsibilities shall be established for common drives and access drives, and the final plan shall include a plan note which identified these specific drives, the recorded easement and maintenance agreement, and a notification that common drives or access drive need not be dedicated to the Borough nor will the Borough assume responsibility for their maintenance.
5.
Private driveways shall have such grades as to furnish a safe and convenient parking space. Within the right-of-way of the street with which the driveway intersects or for a distance of at least 25 feet from the edge of the cartway, whichever is greater, the driveway shall have a grade of 5% or less. The remainder of the driveway shall have a maximum grade of 10% with the exception of interior lots, which must have a maximum grade of 8%, and any portion of this remainder that exceeds 8% grade shall be paved with the materials noted in Subsection 3 above.
6.
A minimum number of parking spaces, not within the street right-of-way, shall be provided as prescribed in § 27-1109 of the Borough Zoning Ordinance [Chapter 27]. Such off-street parking spaces shall be of the minimum dimensions specified in the Borough Zoning Ordinance [Chapter 27] and shall be on a grade not exceeding 8%.
7.
Driveways to single-family residences shall intersect streets at
angles of no less than 60°. All other driveways shall intersect
streets at right angles, where practicable, and in no case less than
75°. (The angle of intersection is the acute angle made by the
intersection of the centerline of the driveway with the center line
of the road.)
8.
The width of individual residential driveways within the legal right-of-way
of a street, shall be a minimum of 12 feet; it shall be a minimum
of 10 feet at all other points within the property line. Except where
the Council determines that limitations of lot size or lot configuration
make it infeasible, adequate turnaround surface shall be provided
on the property so egress to the street is in a forward direction.
9.
Driveway entrances into multi-family uses (with shared parking areas
and accessways) or into non-residential, properties shall be no less
than 20 feet in width, shall not exceed 36 feet in width at the street
line (exclusive of curb return radii), unless provided with a median
divider, and shall be clearly defined by use of curbing. The curbs
of these driveway entrances shall be rounded with a minimum radius
of 15 feet where they intersect a street. Curb radii for non-residential
driveways shall be designed to accommodate the types of vehicles expected.
10.
The edge of any driveway shall be at least 40 feet from the nearest
side of the paving radius at a street intersection.
11.
Clear sight triangles shall be provided at all driveway entrances as required by § 22-510.9 of this Chapter and shall be shown on plans.
12.
The gutter line, wherever possible, shall be maintained as a paved
swale. It shall have a maximum depth of four inches and a minimum
width of 24 inches. A pipe may only be placed under the driveway entrances
when approved by the Borough Engineer. The acceptability of such a
pipe will be governed by the gutter depth on each side of the driveway.
The minimum pipe size under a driveway will be determined by the Borough
Engineer.
13.
Driveways shall be graded so that, whenever possible, surface drainage
will be discharged to the owner's property; otherwise, adequately
sized pipes, inlets and/or headwalls shall be installed and gutter
improvements shall be made to direct surface drainage into the street
drainage system and not onto the paving of the intersecting road.
Driveways shall not interfere, to the greatest extent possible, with
normal traffic flow, nor be inconsistent with the maintenance, design,
or drainage of a street. Driveway location shall be delineated on
any subdivision or land development plan, however subdivision plans
may provide a notice of conformity to this specification instead.
14.
Access shall be provided to streets of lesser functional classification
when there is more than one street classification involved.
15.
Access drive widths shall be as provided in § 27-1109.7 of the Borough Zoning Ordinance [Chapter 27].
17.
Access drives do not require specific right-of-way, however the following
standards for cartways and parking shall apply:
|
Function
|
Width1
(feet)
| |
|---|---|---|
|
Two lanes of traffic with on-street parking
|
36
| |
|
Two lanes of traffic without on-street parking
|
20
| |
|
One lane of traffic with on-street parking
|
18
| |
|
One lane of traffic without on-street parking
|
10
|
|
1
|
If curbing is installed, then one foot/lane shall be added.
|
18.
All subdivision or land developments containing 10 or more dwelling
units or nonresidential uses shall be required to have two separate
and distinct means of access to the development. Access may be provided
through two or more public streets, each which intersects with a street,
or may be provided through two or more access drives into the development
that shall be separated by a minimum of 100 feet. If an applicant
is unable to meet this requirement, an emergency access shall be provided
as follows:
A.
Improved so that emergency vehicles may safely transverse.
B.
Indicated on plans.
C.
Acceptable to the providers of emergency services within the Borough,
of which applicant shall submit proof of such approval.
D.
Located so that access to the development is gained from a street
at a location unsuitable for regular access with a street.
E.
Located so that access is gained from an adjacent lot pursuant to
a recorded easement evidencing that the adjoining landowner has given
approval for such emergency access location and evidencing that such
easement runs with the land.
[Ord. 197, 12/1/2008]
1.
Off-street parking facilities for motor vehicles shall be provided in accordance with the requirements of § 27-1109 of the Borough Zoning Ordinance [Chapter 27] and this Chapter.
2.
At no time shall angle or perpendicular parking along the curbs of
local public or private streets be permitted with the exception of
reconstruction, expansion or redevelopment of existing development
in the Town Center Zoning District of the Borough.
3.
All parking lots and bays allowing any parking other than parallel
or other types at the discretion of Borough Council shall be physically
separated from the cartway by a minimum of three feet.
4.
Off-street parking as an accessory use, in accordance with the Borough Zoning Ordinance [Chapter 27] may be permitted within minimum yard requirements.
5.
All parking areas shall be paved with an all-weather surface of asphalt,
concrete or solid pavers unless an alternate material shall be approved
by the Borough Engineer.
6.
Landscaping and buffering requirements of § 27-1108 of the Borough Zoning Ordinance [Chapter 27] shall be met for off-street parking.
7.
All dead-end parking lots shall be designed to provide sufficient
back up area for the end stalls.
8.
No less than a five-foot radius of curvature shall be permitted for
all curblines in all parking areas.
9.
Parking dimensions shall be as provided in § 27-1109.7 of the Borough Zoning Ordinance [Chapter 27], except the minimums in the following situations:
|
Parking Stall
|
Parking Aisle Width
| ||||
|---|---|---|---|---|---|
|
Angle of Parking
|
Depth
(feet)
|
Width
(feet)
|
One-Way
(feet)
|
Two-Way
(feet)
| |
|
90°
|
20
|
9
|
24
|
24
| |
|
60°
|
21
|
9
|
18
|
Not permitted
| |
|
45°
|
19
|
9
|
15
|
Not permitted
| |
10.
Parking areas and site accessibility for handicapped persons shall be provided in accordance with applicable Federal and State standards, including in particular, the Americans with Disabilities Act and the Pennsylvania Universal Accessibility Act, as each may be amended, as provided in § 27-1109.6 of the Borough Zoning Ordinance [Chapter 27].
11.
Entrance and exit drive and accessways shall be clearly marked and
visible at night.
[Ord. 197, 12/1/2008]
1.
Curbs shall be provided along all streets to facilitate drainage
control, access control, pavement edge support, erosion, and the protection
of pedestrians, signs, and vegetation. Curbs shall always be required
wherever sidewalks are required. Concrete curbs shall be installed
along each side of all streets. Curbs may be required along the inner
island radius of any cul-de-sac with an island. However, where, in
the opinion of the Borough Council, curbs are unnecessary, stabilized
shoulders shall be provided subject to approval by the Borough Engineer.
In areas where curbs are not used, satisfactory provisions, to the
agreement of the Borough Engineer, shall be made to prevent erosion.
2.
Except when waived by the Council upon the recommendation of the
Planning Commission in order to preserve existing trees or for other
similar reasons, the ground shall be graded to a slope of 1/2 to one
inch per foot to the street right-of-way line and either seeded or
sodded to such standards as shall be prescribed by the Council. In
cut areas, this slope shall be toward the curb; in fill areas, it
shall be away from the curb.
3.
All curbs shall be constructed of concrete, in accordance with the
standards and specifications as shown in Appendix 22-A.
4.
To provide for driveways and handicap access ramps, depressions in
the curbing may be constructed and finished during the time of pouring.
5.
The applicant shall provide the Borough copies of all delivery slips
for all materials used in the construction of curbs.
[Ord. 197, 12/1/2008]
1.
To provide pedestrian access, paved sidewalks shall be required on
both sides of streets.
2.
Sidewalks shall be constructed of concrete and shall conform to specifications for class A concrete, as specified by PennDOT, with 6% air entrainment with a minimum twenty-eight-day compression strength of 3,500 p.s.i. with a minimum width as described below in Subsection 3 and a thickness of four inches, except at driveway crossings when the sidewalk thickness shall be increased to six inches with reinforcement. Certification of the concrete mix shall be furnished to the Borough Engineer, or other persons designated by the Borough Council. Flexibility will be permitted regarding the type of forms to be used, provided the construction plan is approved by the Borough Engineer. Unless otherwise approved, cement concrete sidewalks shall be constructed on a four-inch crushed stone or gravel base to insure proper drainage; expansion joints shall be placed at least every 10 feet and between all points where the concrete sidewalk abuts a concrete curb and as otherwise required by the Borough Engineer. The sidewalk shall be scored at five-foot intervals between such expansion joints.
3.
Sidewalks shall be a minimum of five feet wide. The Council may require
wider sidewalks in other areas, including, but not limited to, schools,
parks, commercial centers, community facilities, institutional centers,
traditional neighborhood developments and higher-density areas at
their discretion.
4.
Sidewalks shall be placed, if possible, within the street right-of-way,
and parallel to the street line. The gradient and paving of such sidewalks
shall be continuous across all private driveways.
5.
At the discretion of the Council, with recommendations from the Planning Commission, a system of bicycle, equestrian and/or pedestrian paths for public use may be established and secured by dedication or easement. Pedestrian easements shall have a minimum width of six feet in accordance with § 22-525.4 below. Such paths shall be consistent with any existing plans specified by the Borough, so as to encourage the formation of an interconnecting trail network both within and beyond the Borough. Such paths normally shall not exceed 10 feet in width and, at the option of the applicant, shall be located adjacent to existing or proposed lot lines, right-of-way lines, or in such manner as to minimize any obstruction to existing or proposed uses. Any existing paths may be relocated if a connection with a path, or sidewalk as applicable, on an adjoining property is thereby established.
6.
To facilitate circulation, pedestrian walkways may be required to
serve the interior of developments and link to outside sidewalks,
walkways, or trail networks. Such walkways shall be a minimum of four
feet in width and shall be of a durable surface satisfactory to the
Borough Council. Where the walks are not within a street right-of-way,
a separate right-of-way at least 10 feet wide shall be designated
on the subdivision or land development plan. As appropriate, the walks
shall be maintained by the abutting property owners (when the walks
traverse existing lots) or by the applicable owner (when the walks
traverse common areas).
7.
Crosswalks not less than 10 feet wide, and with concrete sidewalks
not less than four feet wide on either end of the crosswalk, may be
required where necessary to provide access to schools, churches, parks
and commercial areas. These sidewalks shall be maintained by the abutting
property owners.
8.
The applicant shall provide the Borough copies of all delivery slips
for all materials used in the construction of sidewalks or paths.
9.
Fire hydrants, utility poles, guy wires, electrical junction boxes,
water valves and similar items shall not be placed within a sidewalk.
10.
In the event of a difference between the technical specifications contained in PennDOT Publication 408, most recent edition, and PennDOT Publication 72, most recent edition, regarding handicapped access, the necessity of separate construction of curbing and inspections and the technical specifications contained in this § 22-517, the technical specifications contained in the most recent edition of PennDOT Publication 408 and PennDOT Publication 72 regarding handicapped access, the necessity of separate construction of curbing and inspections shall apply. In addition, all construction must be inspected by the Borough's representative and all inspection fees as required by resolution of Borough Council shall be paid prior to pouring the sidewalk and curb. When there is a difference between the provisions of this § 22-517, and PennDOT requirements, the more stringent requirement shall prevail. However, where, in the opinion of Borough Council, the imposition of these specifications will result in unnecessary hardship and the goals of this section will be fulfilled by substituting a different standard, a waiver of the requirements of this section may be granted.
[Added by Ord. 216, 8/5/2013]
[Ord. 197, 12/1/2008]
Street lights generally shall be installed:
[Ord. 197, 12/1/2008]
1.
Monuments shall be placed at all corners and angle points and shall
be placed at such other points in the perimeter boundary of the property
being subdivided or developed, as may be designated by the Borough
Engineer. The Borough Engineer shall be notified when the monuments
have been placed in accord with the approved plan so that the Borough
Engineer may inspect the same before they are covered. All monuments
and markers shall be set by a registered professional surveyor or
engineer and placed in the ground after final grading is completed,
at a time agreeable to the Borough Engineer.
2.
At the request of the Borough, the developer shall also stake lots
before an owner or occupant moves onto the property.
3.
Lot line change plans shall require monuments only along the boundary
line being changed.
4.
Easements, such as for utilities, shall be monumented at their beginning
and their end; and areas to be conveyed for public use shall be fully
monumented at their external boundaries.
5.
A monument shall be a stone or concrete post, with a flat top at
least four inches across and at least 24 inches in length with a permanently
inscribed center mark on the top.
6.
All monuments shall be placed by a professional land surveyor or
engineer so that the scored (by an indented cross or drill hole of
not more than 1/4 inch diameter in the top of the monument) point
shall coincide exactly with the point of intersection of the lines
being monumented.
7.
The tops of monuments shall be set level with the finished grade
of the surrounding ground, except:
A.
Monuments which are placed within the lines of existing or proposed
sidewalks shall be located (preferably beneath the sidewalks) so that
their tops will not be affected by lateral movement on the sidewalks.
B.
Where monuments are located beneath a sidewalk, proper access to
them shall be assured.
8.
All streets shall be monumented at the range line, on the right-of-way
lines of the street at the following locations:
A.
At least one monument at each street intersection.
B.
At changes in direction of street lines (at angles and at the beginning
and end of street curves), along one side of the street.
C.
At such other places along the line of streets as may be determined
by the Borough Engineer so that any street may be readily defined
for the future.
9.
All lot corners shall be clearly identified by either a monument
or an iron marker pin. Where iron marker pins are used, they shall
be a minimum of 1/2 inch diameter solid bar or reinforcing rod, shall
be a minimum of 24 inches in length, and shall be driven level with
finished grade. All monuments or pins shall be placed after final
grading occurs on all of the lots within a subdivision.
10.
All monuments and markers shall have their accuracy certified by
the applicant's engineer and be checked for accuracy by the Borough
Engineer. Accuracy of monuments shall be within 3/100 of a foot.
11.
Monuments and markers shall be shown on the final plan to be submitted
by the applicant.
[Ord. 197, 12/1/2008]
1.
Landscaping.
A.
Screening and Buffer Areas.
(1)
Primary Buffer. A primary buffer is a buffer area (classified as Class A, B, C, or D buffer) located adjacent to any use listed in § 27-1108 of the Honey Brook Borough Zoning Ordinance [Chapter 27]. Where regulations conflict with one another, the more restrictive regulations shall apply.
(2)
Special Protection Screen. Should the Borough determine that
a more stringent or effective screening is necessary in the buffer
area to mitigate an adverse visual impact resulting from the development
of a specific use (i.e., junkyard, landfill, etc.), or a unique or
topographic or other physical consideration, the Borough Council may
require the installation of any of the following types of screening
enhancements:
(a)
Wood Fence. The height, type, design, finish, location, and
opacity shall be approved by the Borough. The height of the fence
shall not exceed six feet unless approved by Borough Council.
(b)
Immediate Screen. The height of specified plant materials shall
be increased at the time of planting to provide a more immediate visual
buffer, as determined by the Borough Planning Commission.
(c)
Vegetation chosen to satisfy screening and landscaping requirements shall be from hardy and healthy stock, resistant to insects and disease, and pollution tolerant and in accordance with the plant list in Appendix 27-A of the Zoning Ordinance [Chapter 27], where applicable. Any trees and shrubs which are selected to satisfy screening and landscaping requirements shall meet minimum standards for size at the time of planting:
|
Shrubs: 30 inches height from grade
| |
|
Trees: 3.5 inch caliper minimum when measured 4 1/2 feet
above ground level.
|
(3)
Storage Areas and Trash Disposal Units (Dumpsters). The screening
of storage areas, including trash disposal units, shall be constructed
of masonry walls with a masonry cap or coping. The top of the cap
or coping shall be at least one foot above the storage or trash disposal
unit and the structure shall not be more that a total of six feet
in height. An opaque wood or metal gate with a full frame shall screen
the opening. The applicant shall submit a drawing of the proposed
storage unit, drawn to scale, for review by the Borough.
B.
Street Plantings/Shade Trees.
(1)
Applicability. Within any proposed subdivision or land development where new streets are to be constructed, street trees shall be provided. In addition, within any subdivision or land development fronting on an existing street or streets where there are no existing trees, street trees shall be provided along the frontage of the developed area. Planting materials shall be chosen from the plant list in Appendix 27-A of the Zoning Ordinance [Chapter 27].
(2)
Street Tree Spacing and Pattern: Formal.
(a)
Large street trees shall be planted at intervals of not more
than 40 feet and medium street trees shall be planted at intervals
of not more than 25 feet along the frontage of roadways within the
proposed subdivision or land development.
(b)
If development occurs on both sides of new or existing streets,
trees may be planted opposite each other or in an alternate spacing
alignment. The pattern shall be consistent throughout the development.
Should the development occur on only one side of new or existing streets,
street trees shall be planted on the development side using the arrangement
and spacing specified herein.
(c)
Healthy, non-invasive existing trees shall be preserved and
included in the street trees to the greatest extent possible. Where
there are existing trees along new or existing roadways, the arrangement
and spacing of new trees shall conform as closely as possible to the
requirements of this Section.
C.
Parking. See the Zoning Ordinance [Chapter 27], § 27-1108.F, "Landscaping Requirements for Off Street Parking," or successor provisions.
D.
Facade Planting. The following provisions shall apply to commercial,
institutional and industrial uses:
(1)
Applicability. Any part or portion of a site which is not used
for buildings or other structures, loading and parking spaces and
aisles, sidewalks and designated storage areas shall be planted and
maintained with landscaping and an all season groundcover according
to an overall plan, prepared and approved as part of the development
plan or shall be left in its natural state.
(2)
Foundation Planting. Landscaping shall be provided in association
with each principal building in accordance with the following criteria:
(a)
A combination of evergreen and deciduous trees and shrubs shall
be used as "foundation" plantings, i.e., plantings to be installed
in reasonably close proximity to building facades.
(b)
Minimum Tree Requirement. A minimum of one, 3 1/2-inch
to 4 1/2-inch caliper deciduous tree; and one eight-foot to ten-foot
evergreen tree shall be planted for every 50 feet of length of building
facade. These trees shall be clustered or grouped to provide the illusion
of a natural-setting and existing trees to be retained may be utilized
to satisfy this requirement.
(c)
Minimum Shrub Requirement. Five evergreen and/or deciduous shrubs
shall be planted for every 20 feet of length of building facade.
(d)
Other landscaping, including trees, shrubs, and groundcovers,
shall be provided:
1)
Along walkways.
2)
In courtyards.
3)
Around sitting areas.
4)
At the entrance to the site, and in other highly visible locations,
especially on the outer side of any internal access roads which are
visible from a public-street which may adjoin a tract.
5)
At the entrance to buildings.
6)
Around structures used for service, storage or maintenance purposes.
(e)
Property Line Setback. Shrubs shall not be placed closer than
five feet from any property line, and trees shall not be closer than
10 feet as applicable.
(f)
The location, type, size, height, layout, and other characteristics
of landscaping shall be subject to the review by the Planning Commission
and approval of the Borough Council.
2.
Natural Features Conservation Practices.
B.
Conservation Practices During Site Preparation.
(1)
Protection of Vegetation from Mechanical Injury.
(a)
All woody vegetation to be retained within 25 feet of a building
site, parking area or other proposed improvement shall be protected
from equipment damage by snow fencing or other effective barriers.
(b)
Operators of heavy equipment shall minimize damage to existing
tree trunks and root systems. Roots shall not be cut or disturbed
within the area circumscribed by the drip line of any tree.
(c)
Tree trunks and exposed roots damaged during construction shall
be protected from further damage by fencing or other structural barrier.
Treatment of damaged trees shall be dictated by the nature of the
injury, e.g., damaged bark should be cut back to a point where the
bark is intact and tight to the tree, exposed roots shall be cleaned
up and covered with topsoil.
(d)
Trees shall not be used for roping, cables, signs or fencing.
Nails and spikes shall not be driven into trees.
(e)
The area around the base of existing woody vegetation shall
be left open. No storage of equipment, materials, debris or fill shall
be allowed within the drip line of any existing tree.
(2)
Protection of Vegetation from Grading Change. Grade changes
to occur at any location on the property shall not result in an alteration
to soil or drainage conditions which would adversely affect existing
vegetation to be retained following site disturbance, unless adequate
provisions are made to protect such vegetation and its root systems.
(3)
Protection of Vegetation from Excavations.
(a)
When digging trenches for utility lines or similar uses, disturbance
to the root zones of all woody vegetation shall be minimized.
(b)
If trenches must be excavated in the root zone, all disturbed
roots shall be cut as cleanly as possible. The trench shall be backfilled
as quickly as possible, avoiding soil compaction.
(4)
Protection During Clean-up. Fences and barriers placed around
woody vegetation during construction shall be removed if they could
impede the growth and maintenance of such vegetation.
3.
Plan Requirements.
A.
Applicability. A completely planted visual barrier, or landscape
screen shall be provided and continually maintained between any use
or district under the following circumstances:
B.
Exception. Any existing commercial, multi-family, institutional,
or industrial use shall not be required to comply with the screening
requirements except in the case of enlargement or alteration of the
same.
C.
Screening design, including the type of plant materials to be used in accordance with Appendix 27-A of the Zoning Ordinance [Chapter 27] or successor provisions, spacing of plant materials, and the use and location of earthen mounds or berms, shall be subject to review and approval by the Borough Council upon the recommendation of the Planning Commission.
D.
Landscape Plan Requirements. The landscape plan shall include the
following information:
(1)
Existing and proposed buildings, roads, parking, service areas,
and other paved areas.
(2)
Existing and proposed underground, surface, and above grade
utilities such as utility lines, utility easements, transformers,
hydrants, manholes, and mechanical equipment.
(3)
Existing individual trees of greater than six inches DBH or
areas of woodlands or hedgerows, as defined by this Chapter. Existing
trees shown as masses shall be labeled with an approximate quantity.
(4)
Location, size in DBH, and common name of all trees 20 inches
DBH or greater. Such trees shall be shown individually on the landscape
plan whether they exist in open areas, hedgerows, or contiguous wooded
areas.
(5)
The location, quantities, and types of plantings proposed shall meet the requirements of Appendix 27-A of the Zoning Ordinance [Chapter 27]. This information shall include all proposed trees, shrubs, ground cover, perennials, and lawn. Any existing vegetation to be removed shall be noted on the plan with an "x."
(6)
Existing or proposed sidewalks, berms, fences, walls, freestanding
signs, retaining walls, benches, site lighting, paving, stone, tree
wells, and outside storage and trash receptacle areas.
(7)
A plant schedule listing all new plant materials (trees, shrubs,
and ground cover) proposed for planting. The schedule shall indicate
the botanical and common name, height, spread, caliper, quantity,
and special remarks for all proposed plant materials.
(8)
Details for the planting, saucering, and staking of trees, the
planting of shrubs, and any other details that depict other related
installations.
(9)
Information, in the form of notes or specifications, concerning
planting and lawn areas. Such information shall specify the quality
requirements and material for planting, seeding, sodding, ground cover,
mulching, and the like. The plant list shall include the botanical
and common name of the proposed plants along with the proposed quantity,
caliper, height, spread, and other dimensions and characteristics.
[Ord. 197, 12/1/2008; as amended by Ord. 223, 4/7/2014]
[Ord. 197, 12/1/2008]
1.
The provisions of this Section are intended to insure that each dwelling
unit and each commercial or industrial building in all subdivisions
and land developments hereafter granted approval shall have an adequate
supply of potable water for domestic use, and, as applicable, for
other uses.
2.
The applicant shall present evidence to the Borough Council that
the subdivision or land development is to be supplied by the Honey
Brook Borough Authority.
3.
Where water is to be supplied to a subdivision or land development
by means of a public water supply system, the Honey Brook Borough
Authority shall provide service unless it cannot provide such service
or declines to provide such service.
A.
If the Honey Brook Borough Authority is unable to provide service,
or declines to provide service, the subdivision shall be provided
with another public water supply system. The design and installation
of such public system shall be subject to the approval of the Borough
(in addition to other regulatory bodies having jurisdiction). Standards
and materials for the construction of any public water supply system
shall meet or exceed those requirements described in the Public Water
Supply Manual of the Pennsylvania Department of Environmental Protection
and shall be subject to the approval of the Borough Engineer, or the
Authority Engineer.
B.
Where a permit is required by the Department of Environmental Protection,
it shall be presented as evidence of such review and approval before
construction commences.
4.
Each public water supply system shall be either municipally owned
or under the regulations of the Pennsylvania Public Utility Commission
(PUC).
5.
In all subdivisions and land developments served by the Honey Brook
Borough Authority or other public water system, the following water
pressure and gallonage requirements shall apply:
A.
Residential Use. A minimum working pressure of 30 pounds per square
inch shall be provided at each house to be connected to the water
supply main. The system to which the residential unit is connected
shall have sufficient capacity to supply a minimum of 300 gallons
of water per residential unit per day within the subdivision or land
development.
B.
Commercial or Industrial Use. A minimum working pressure of 30 pounds
per square inch shall be provided at each commercial or industrial
building connected to the water supply main. When a building wishes
to connect to a central water system, a study will be made to determine
if there is adequate water supply in the system to supply the building
and use.
6.
Wherever a public water system is provided, fire hydrants suitable
for the coupling of equipment serving the Borough shall be installed
as specified by the Insurance Services Office of Pennsylvania and
shall comply with local fire company standards. Location of hydrants
shall be approved by the Borough.
A.
Generally, all fire hydrants will be located on an eight-inch line
or a looped six-inch line. Where a dead-end line is required to contain
a fire hydrant, the portion of the line between the main loop and
the hydrant shall be an eight-inch minimum diameter.
B.
Fire hydrants shall be spaced in a development so that all proposed
building(s) will be no more than 600 feet from the hydrant measured
along traveled ways.
7.
If the applicant proposes that the subdivision or land development
be served by a public water supply system, the applicant shall submit
a "proposed public water supply study" as evidence of sufficient water
supply quality and quantity. The contents of this study shall include
those specific items as described in the Public Water Supply Manual
of the Pennsylvania Department of Environmental Protection. Where
the water supply system occurs under the jurisdiction of the Pennsylvania
Public Utility Commission, the water supply study also shall include
those items of information required by the PUC.
[Ord. 197, 12/1/2008]
1.
General Requirements.
A.
Each lot shall be connected to the Northwestern Chester County Municipal
Authority public sewer system.
B.
Sanitary sewers shall not be used to carry stormwater.
C.
The proposed method of sanitary sewage disposal shall be in accordance
with the Borough's officially adopted Act 537 Sewage Facilities
Plan, as amended.
D.
Provisions for sewage treatment systems of all types in Honey Brook
Borough shall at a minimum meet the standards and requirements of
the Chester County Health Department, Pennsylvania Department of Environmental
Protection (PaDEP), and the United States Environmental Protection
Agency (US EPA), as appropriate.
E.
All sanitary sewage facilities shall be flood-proofed in accordance
with PaDEP and US EPA requirements. At a minimum, flood-proofing shall
be up to the regulatory flood elevation.
F.
Title 25, [Pa.Code], Chapter 71, Subchapter C, rules and regulations
of the Pennsylvania Department of Environmental Protection new land
development plan revisions, shall be followed.
G.
Prior to the issuance of any permits for construction in any subdivision
or land development, temporary toilet facilities shall be installed
for the builders, contractors and subcontractors, unless the applicant
or applicant's agent shows, to the satisfaction of the Borough,
that other suitable toilet facilities will be made available during
construction.
2.
Northwestern Chester County Municipal Authority ("the Sewer Authority").
The service area of the Sewer Authority includes Honey Brook Borough.
All applicants for subdivision and/or land development within the
Borough shall connect to the Sewer Authority system. A written approval
of such connection shall be provided to the Borough as prepared by
the Sewer Authority. Such approval shall state that existing/proposed
treatment capacity is available, the time frame for such availability,
and whether capacity is being reserved for connection at that time.
A.
All connections shall be by way of gravity mains, where feasible,
or pumping stations with such mains, laterals and other facilities
which meet the design criteria of the Sewer Authority and Pennsylvania
Department of Environmental Protection (PaDEP).
B.
In cases where connection to the sanitary sewer system does not exist,
but where studies by the Borough indicate that construction or extension
of sanitary trunk sewers to serve the property being subdivided or
developed appears probable within five years from the date of filing
of the preliminary plan, the Borough shall require the installation
and capping of sanitary sewer mains and house connections, in addition
to installation of temporary individual, on-site sanitary sewage disposal
systems. Individual house connections (laterals) on capped sewer systems
shall extend to the right-of-way line, and shall be centered within
the lot frontage. It shall be the responsibility of the applicant
to consult with the Borough and the Sewer Authority with regard to
the sewer line locations prior to finalizing sewer design. Design
of capped sewer systems shall be subject to approval by the Borough
Engineer, the Sewer Authority and the Pennsylvania Department of Environmental
Protection.
C.
Where immediate or future connection to the sewer authority system
will be provided in subdivision or land developments utilizing private
streets, the applicant shall execute a recordable covenant with the
Borough and/or Sewer Authority that states, for the purposes of sewer
connections, assessments and rentals, that the rights and liabilities
of the applicant, his grantees, heirs, successors and assigns shall
be the same as if his property abutted a public street.
[Ord. 197, 12/1/2008]
The following standards shall apply to all proposed subdivisions
and/or land developments, uses and other activities within Honey Brook
Borough regarding the disturbance or removal of soil:
A.
Unless expressly permitted by the Borough, no use, subdivision and/or
land development, or other activity shall be permitted to willfully
and actively remove soil from the Borough.
B.
Where a subdivision and/or land development will require earth disturbance associated with installation of improvements, structures or grading, measures shall be taken to protect the soil against erosion in accordance with § 22-521.
C.
Whenever earth disturbance occurs, the disturbed soil shall remain
on the same site unless constraints of the site create a potential
harm to residents or to the environment.
[Ord. 197, 12/1/2008]
1.
Where easements are required for utilities, such as water and/or
sewer facilities are intended for dedication, the requirements for
easement shall be determined by the Borough Council. Easements shall
be similarly established as necessary for other utilities and for
road construction and maintenance.
2.
Easements shall be provided for poles, wires, conduits, storm and
sanitary sewers, storm water conveyance, retention, detention, and
infiltration facilities, gas, water and other utility lines intended
to service the abutting lots.
3.
Utility easements and easements to community facilities shall be at least 20 feet wide to provide access for maintenance vehicles. Local utility companies shall be consulted when locating easements. Storm drainage easements shall be provided as required in § 22-521 of this Chapter.
4.
Pedestrian easements shall have a minimum width of six feet.
5.
Except for driveways serving single-family or two-family dwellings,
nothing including, but not limited to, trees and structures, shall
be permitted to be placed, planted, set, or put within the area of
an easement. The area shall be kept as a lawn, or where necessary,
as a vegetative buffer.
6.
The owner of any lot, upon written request from the Borough, and
at the owner's sole expense, shall remove anything placed, planted,
set or put (with or without knowledge of this regulation) within the
area of any easement.
7.
To the fullest extent possible, such easements shall be adjacent
to rear or side lot lines.
8.
The required minimum setback and yard dimensions for any lot shall
be measured from the lot line, except where the Borough makes a specific
determination that such dimension shall be measured from the edge
of an easement.
10.
The Borough Council may require easements as prerequisites to the
approval of common driveways or other access arrangements, or as a
condition of approval of the creation of areas of common open space.
11.
No right-of-way or easement for any purpose whatsoever shall be recited
or described in any deed unless the same has been shown on the approved
plan. Any easement or right-of-way required herein shall be made part
of the deeds of all affected properties. Any such error found in a
deed shall be immediately corrected and rerecorded in the Chester
County Recorder of Deeds office, at the sole expense of the applicant
and/or developer. The applicant shall be solely responsible to the
buyer for any failure to record any easement or right-of-way shown
on the approved plan. Failure to record an easement or right-of-way
shown on the approved plan shall not prevent its intended use from
being realized.
12.
Reserve strips, to control access to streets, alleys, subdivisions,
or adjacent areas, are prohibited.
13.
Underground electric distribution lines shall be installed in all
new subdivisions and land developments of five dwelling units or more.
In existing subdivisions with five or more unimproved lots, any extension
of the electric distribution lines shall be placed underground. An
approved plan for the utilization of an electric distribution system
shall be submitted to the Borough prior to recording of a final plan.
[Ord. 197, 12/1/2008]
1.
In reviewing a sketch plan for subdivision or land development, the
Borough Planning Commission shall consider the open space and recreational
needs of the additional residents and/or employees proposed by the
development, and shall review the Comprehensive Plan which includes
the Future Land Use and Open Space Plan and Recreation Plan, and any
other relevant documents regarding open space and recreational facility
recommendations as they may relate to the tract proposed for development.
The Planning Commission shall discuss its findings and the further
requirements of this Section with the applicant as it deems necessary
in the public interest.
2.
The Borough Council shall encourage its preference for the set-aside
of land within the proposed development, or the payment of a fee in
lieu of land, in accordance with the following:
A.
In a proposed subdivision creating 20 or more new dwelling units,
the general policy of the Council shall be to require suitable and
adequate recreational areas and facilities to serve the future residents
of the subdivision or land development and ensure that all future
Borough residents have the opportunity to engage in a variety of recreational
activities. The developer shall provide the recreation areas pursuant
to a plan approved by Borough Council in accordance with the schedule
below:
|
Gross Density of Tract in Dwelling Units Per Acre
|
Percentage of Total Area of Subdivision or Land Development
to be Reserved for Recreational Areas
| |
|---|---|---|
|
2.01 to 3.0
|
10%
| |
|
3.01 to 4.0
|
15%
| |
|
4.01 to 5.0
|
20%
| |
|
5.01 and greater
|
25%
|
B.
In a subdivision proposed to contain fewer than 10 new dwelling units,
the general policy of the Council shall be to strongly encourage a
fee in lieu of the minimum acreage otherwise required, to help the
Borough defray the eventual costs of providing public open space and
recreational facilities to serve the residents of the community.
C.
The Council shall, as it deems necessary in individual cases, modify
its position with regard to the above-stated policies in order to
achieve more effectively the objectives of the Borough. Specific factors
to be weighed by the Council may include, among others:
(1)
The recommendations of the Joint Comprehensive Plan and, in
particular, its "Future Land Use and Open Space Plan" and "Recreation
Plan" sections or subsequent Borough Open Space, Recreation and Park
Plan.
(2)
The proximity of the tract to existing or proposed public open
space areas.
(3)
The age level of the prospective residents.
(4)
The natural characteristics of the tract.
(5)
The size of the proposed lots.
(6)
Any existing commitments by the Borough to purchase or improve
land for recreational purposes.
3.
Standards for Fees in Lieu of Land.
A.
Where a fee is to be contributed in lieu of the set-aside of land
for open space, such fee shall be required to be paid for the greater
of each new lot or dwelling unit created through subdivision or land
development.
B.
The amount of the fee shall be as established by resolution of the
Borough Council and as adjusted from time to time. Criteria for establishing
the amount shall be based on the findings of the Comprehensive Plan
which includes the Future Land Use and Open Space Plan, and Recreation
Plan, or a subsequent Borough Open Space, Park and Recreation Plan
and shall bear a direct relationship to the projected financial need
of the Borough for community-serving recreational lands and facilities.
Factors shall include:
(1)
Plans and associated costs for creating or improving community
or neighborhood parks, as identified in the Joint Comprehensive Plan,
amendments thereto; or in a Borough Open Space, Park and Recreation
Plan.
(2)
The timing, status and planned dates of accomplishment of parkland
acquisition or recreational facility improvements in relation to the
timing of the subdivision or land development application submission.
(3)
The level of future population growth projected for the Honey
Brook Borough.
(4)
The proportion of funding support for future parkland and recreational
facilities deemed appropriate for future residents to contribute.
C.
Where a fee in lieu of land is to be paid, in accordance with the
terms of this Section, a note shall be placed on the final plan prepared
for recording, stipulating the amount of the fee, as established by
Borough resolution, and the means and timing of payment, consistent
with the terms of this Section.
D.
For any subdivision containing five or more lots, the full amount of the fee shall be placed in escrow, or otherwise secured in a manner deemed acceptable under the terms of § 22-602 of this Chapter, as a condition of final plan approval by the Council. Actual payment of the fee for any lot shall be made at one of the following points, whichever shall occur first:
E.
For any subdivision containing less than five dwelling units, the
full amount of the fee for any lot shall be paid at the time of conveyance
of the lot, or upon application for a building permit, whichever shall
occur first.
F.
Notwithstanding the terms of Paragraphs D and E above, the Borough
Council may, as it deems appropriate in individual cases, agree to
terms for the collection of the required fee at a point or points
subsequent to those stipulated in the above subsections.
G.
All fees received pursuant to this Section shall be placed in a special
capital reserve fund for open space and recreation, the proposed of
which shall be to hold, invest and disburse such monies. Disbursements
from this fund shall be made from time to time as the Council shall
deem appropriate, only in connection with the planning, purchase,
improvement, replacement and addition to Borough lands for use as
open space, conservation, recreation and education for the benefit
of the citizens of the community as provided for in the Borough Code,
or other applicable rules, regulations or statutes. All sums received
for and deposited in the open space and recreation fund shall be held,
invested and reinvested in the same manner as other funds of the Borough,
but shall not be considered part of the general revenues of the Borough.
4.
Open Space and Recreation Characteristics and Design Standards. In
designating areas for open space and recreation within the subdivision
or land development plan, the following criteria and standards shall
be adhered to by the applicant. Areas shall be:
A.
Consistent with the Comprehensive Plan and in particular the Future
Land Use and Open Space Plan and Recreation Plan.
B.
Suitable for active recreational uses to the extent deemed necessary
by the Council, without interfering with adjacent dwelling units,
parking, driveways and roads.
C.
Comprised of no more than 50% of environmentally-sensitive lands
(including floodplains, woodlands, slopes exceeding 15%, and surface
waters).
D.
Comprised of areas not less than 75 feet in width, and not less than
15,000 square feet of contiguous area, except when part of a trail
system or pathway network.
E.
Interconnected with common open space or recreation areas on abutting
parcels wherever possible, including provisions for sidewalks and
other pathways for general public use to create linked pathway systems
within the community.
F.
Provided with sufficient perimeter parking when necessary, and with
safe and convenient access by adjoining street frontage or other rights-of-way
or easements capable of accommodating pedestrian, bicycle and maintenance
and vehicle traffic, and containing appropriate access improvements.
G.
Undivided by any public or private streets.
H.
Free of all structures, except those related to outdoor recreational
use or any inventoried or designated historic resource or municipal
facility.
I.
No stormwater retention or detention basins designed and approved
as part of the stormwater management system for the development may
be located within open space and recreation areas. Such facilities
shall be excluded from the calculation of the amount of such open
space and recreation areas.
J.
Suitably landscaped either by retaining existing or natural cover
and wooded areas, and/or by a landscaping plan for enhancing open
space areas through plantings, which are consistent with the purposes
of this Section and which minimize maintenance costs.
K.
Made subject to such agreement with the Borough and such deed restrictions
duly recorded in the office of the County Recorder of Deeds, as may
be required by the Council for the purpose of preserving the common
open space or recreation areas for such use.
5.
Ownership of Common Open Space and Recreation Facilities.
A.
The terms and arrangements for ownership of any open space or recreation
areas created under the requirements of this Section shall be consistent
with the provisions of this subsection. The specific arrangement for
a particular tract shall be established, to the satisfaction of the
Council, at the time of final plan approval and incorporated into
the terms of the development agreement.
B.
At the time ownership of the open space or recreation land is to
be transferred from the developer, the natural and/or developed characteristics
of that open space or recreation land shall be as stipulated under
the terms of the approved subdivision or land development plan. No
such transfer shall occur until the receiving party is satisfied that
such terms have been met. No construction waste shall be buried or
otherwise disposed of within the open space or recreation land.
C.
The following methods may be used, either individually or in combination,
to preserve, own and maintain common open space or recreation facilities
(sometimes referred to herein as "common facilities"): condominium,
homeowners association, dedication in fee simple, easements and transfer
to a private conservation organization. Such land or facilities shall
not be eligible for transfer to another party, except for transfer
to another method of ownership permitted under this subsection, and
then only where there is no change in the common facilities. The following
specific requirements are associated with each of the various methods:
(1)
Condominium. Common facilities may be controlled through the
use of condominium agreements. Such agreements shall be in conformance
with the Pennsylvania Uniform Condominium Act of 1980, as amended.
(2)
Fee Simple Dedication. The Borough or other public agency acceptable
to the Borough, may, but shall not be required to accept any portion
or portions of the common facilities, provided:
(a)
Any common facilities so dedicated would be accessible to all
residents of the Borough.
(b)
No cost of acquisition (other than any costs incidental to the
transfer of ownership, such as title insurance) would be associated.
(c)
The Borough or other public agency acceptable to the Borough,
agrees to and has access to maintain such common facilities.
(3)
Dedication of Easements. The Borough may, but shall not be required
to accept easements for public use of any portion or portions of the
common facilities, title of which is to remain in ownership by the
developer, or by the condominium or homeowners association, provided:
(a)
Any common facilities so dedicated are accessible to all residents
of the Borough.
(b)
No cost of easement acquisition (other than any costs incidental
to the transfer of ownership, such as title insurance) would be associated.
(c)
A satisfactory maintenance agreement is reached between the
owner and the Borough.
(4)
Transfer of Easements to a Private Conservation Organization.
With permission of the Borough, any owner may transfer easements on
open space or recreation lands to a private, non-profit organization,
among whose purposes is to conserve open space land or to provide
recreational opportunities, provided that:
(a)
The organization is acceptable to the Borough and is a bona
fide conservation or recreation organization, with perpetual existence.
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions.
(c)
A maintenance agreement acceptable to the Borough is established
between the owner and the grantee.
(5)
Homeowners Association. The common facilities may be held in
common ownership by a homeowners association. This method shall be
subject to all of the provisions for homeowners associations set forth
herein, and at the discretion of Council. In addition, if a homeowners
association is formed, it shall be governed according to the following
regulations:
(a)
The owner or applicant proposing to establish a homeowners association
shall provide to the Borough a description of the organization, including
its by-laws and documents governing maintenance requirements and use
restrictions for common facilities.
(b)
The organization shall be established by the owner or applicant
and shall be operating (with financial subsidization by the owner
or applicant, if necessary) before the sale of any dwelling units
within the development.
(c)
Membership in the organization is mandatory for all purchasers
of dwelling units therein and their successors.
(d)
The organization shall be responsible for maintenance of and
insurance on common facilities.
(e)
The organization shall be responsible to pay all applicable
real estate taxes on common facilities only where the following preferred
alternative is not utilized: the owner or applicant for any tract
proposed to contain any common facilities shall arrange with the Chester
County Board of Assessment a method of assessment of the common facilities
which will allocate to each tax parcel in the development a share
of the total assessment for such common facilities. Where this alternative
is to be utilized, the method of allocation shall be approved by the
Borough Council.
(f)
The members of the organization shall share equitably the costs
of maintaining, insuring and operating common facilities, and of developing
additional common facilities, if any, in accordance with the procedures
established by them.
(g)
In the event of any proposed transfer of common facilities by
the homeowners association, or of the assumption of maintenance of
common facilities by the Borough as hereinafter provided, notice of
such action shall be given to all members of the homeowners association
by said association.
(h)
The organization shall have or hire adequate staff, as necessary,
to administer, maintain and operate common facilities.
(i)
The homeowners association may lease back open space or recreation
lands to the developer, his heirs or assigns, or to any other person
or corporation qualified to manage open space or recreation for operation
and maintenance of open space lands, but such lease agreement shall
provide:
1)
The common open space or recreation land to be leased shall
be maintained for the purposes set forth in this Chapter.
2)
The operation of open space or recreation facilities may be
for the benefit of the residents of the development only, or may be
open to the residents of the Borough. The lease shall be subject to
the approval of the Borough, as shall any transfer of assignment of
the lease. Lease agreements so entered upon shall be recorded with
the Recorder of Deeds of Chester County within 30 days of their execution
and a copy of the recorded lease shall be filed with the Borough.
6.
Maintenance and Operation of Common Open Space and Recreation Facilities.
A.
The applicant for any development proposed to contain common open
space and/or recreation facilities shall, where applicable, provide
to the Borough, at the time of preliminary plan submission, a plan
for maintenance and operation of such open space and/or recreation
facilities. Said plan shall:
B.
In the event that the organization established to own and maintain
common facilities, or any successor organization, shall, at any time
after establishment of the common facilities or the use attendant
thereto, fail to maintain all or any portion of the aforesaid in reasonable
order and condition in accordance with the subdivision or land development
plan and all applicable laws, rules and regulations, the Borough may
serve written notice upon such organization or upon the residents
and owners of the uses relating thereto, setting forth the manner
in which the organization has failed to maintain the aforesaid common
facilities in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be cured within 30
days thereof, and shall state the date and place of a hearing thereon
which shall be held within 14 days of the notice. At such hearing,
the Borough may modify the terms of the original notice as to the
deficiencies and may give an extension of time within which said deficiencies
shall be corrected. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be corrected within
the said 30 days, or any extension thereof, the Borough, in order
to preserve the taxable values of the premises and to prevent the
common facilities from becoming a public nuisance, may enter upon
the same and maintain the same for a period of one year. Said entry
and maintenance shall not constitute a taking of said common facilities
and shall not vest in the public any rights to use the common facilities,
except when the same is voluntarily dedicated to the public by the
residents and owners and such dedication is acceptable to the Borough.
Before the expiration of said year, the Borough shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of said common facilities, call a public hearing upon
notice to said organization, or to the residents and owners of the
dwelling units attendant thereto, at which hearing such organization
or the residents and owners of the aforesaid dwelling units shall
show cause why such maintenance by the Borough shall not, at the election
of the Borough, continue for a succeeding year. If the Borough shall
determine that such organization is ready and able to maintain said
common facilities, the Borough shall cease to maintain said common
facilities at the end of said year. If the aforesaid are not ready
and able to maintain said common facilities in a reasonable condition,
the Borough may, in its discretion, continue to maintain said common
facilities during the next succeeding year and subject to a similar
hearing and determination in such year thereafter. The decision of
the Borough, in any case, shall constitute a final administrative
decision subject to judicial review.
C.
The cost of such maintenance and enforcement proceedings by the Borough
shall be assessed ratably, in accordance with the tax assessments,
against the properties that have the right of enjoyment of the common
facilities and shall become a lien on said properties. The Borough,
at the time of entering upon such common facilities for the purpose
of maintenance, shall file a notice of such lien in the office of
the Prothonotary of Chester County, upon the properties affected by
such lien.
[Ord. 197, 12/1/2008]
1.
All other utility lines including, but not limited to, electric,
gas, street light supply, cable TV and telephone shall be placed underground.
Installation of all utilities shall be in strict accordance with the
engineering standards and specifications of the Borough, municipal
authority or other public utility concerned. All such underground
utilities shall be put in place, connected and approved before the
streets are constructed, where such utilities lie under the proposed
cartway and before any person is permitted to occupy any building
to be served by such utilities.
2.
In accordance with the provisions of PA Act 38 (1991), the Pennsylvania
One Call System, any applicant shall contact all applicable utilities
and accurately determine the locations and depths of all underground
utilities within the boundaries of the tract proposed for development,
prior to excavation. A list of the applicant's utilities and
their phone numbers shall appear on the plans submitted for review,
and proof of contact shall be presented in the form of the Pennsylvania
One Call System serial number.
3.
As a public water distribution system is available, a fire protection
system suitable for the coupling of equipment serving the Borough
shall be installed. Fire hydrants shall be installed as specified
by the Insurance Services Office of Pennsylvania and shall comply
with local fire company standards. Location of hydrants shall be approved
by the Borough Engineer.
