A.
Contents of article. This article includes specific standards for the design of subdivisions and land developments and requirements for improvements. Minimum standards and requirements are specified for each element of design or improvement. General goals or statements of desired outcomes are listed in § 324-23. The Municipality will consider alternatives to specific standards and requirements specified in § 324-24 and following sections if the applicant demonstrates that an alternative will achieve the desired outcome to a higher degree or will produce more desirable results than application of the specified standard.
B.
Site analysis. The design of a subdivision or land development shall
be based upon an analysis of existing conditions of the site, which
includes consideration of the site's natural and man-made features
and of the opportunities and constraints for development that are
associated with these features. The site analysis shall also consider
the relationship of the site to surrounding developed and undeveloped
areas and to applicable Municipal, county, and regional plans. The
required project narrative should summarize how the analysis of existing
conditions has influenced the design of the subdivision or land development.
C.
Alternative development plan. Before considering requests for waivers or modifications of standards or requirements contained in this article that will reduce the attainment of the goals listed in § 324-23, the Municipality may require the applicant to consider alternative development plans which more nearly meet the requirements of this chapter. The original plan shall be approved only if the applicant demonstrates to the satisfaction of the Municipality that an alternative plan is not practical or feasible.
D.
Regulations of other jurisdictions. It shall be the responsibility
of the applicant to obtain all required permits and approvals from
other jurisdictions or agencies. No application shall receive final
approval from the Municipality or be recorded until all required permits
and approvals have been obtained, unless the plan for recording includes
a notation that such permits will be required prior to issuance of
construction permits.
A.
Subdivisions and land developments. Shall be designed to achieve
the general goals or outcomes that are listed in this section.
B.
Minimize damage to the environment. All subdivisions and land developments
shall be designed to minimize environmental damage to the extent possible
by fitting the subdivision or development to the existing conditions
and natural features of the site.
(1)
Minimize grading. Roads, building sites, and lots should be laid
out in a manner that will minimize land disturbance. Roads should
generally follow existing contours, where doing so will minimize cuts
and fills. Naturally level areas should in general be utilized for
building sites. Concentrating development on less steep areas of the
site is strongly encouraged as an alternative to mass grading.
(2)
Protect steep slopes. Wooded hillsides are important environmental
and aesthetic resources of the Municipality. Development should be
located to avoid disturbance of steeply sloped areas and to preserve
the visual character of wooded hillsides.
(3)
Protect watercourses and wetlands. Watercourses are the Municipality's
natural drainageways for the conveyance of surface waters, including
runoff and floodwaters. Streams, land bordering streams, and wetlands
provide habitat for aquatic and terrestrial plants and animals and
may function as wildlife corridors. The Municipality's larger streams
are primary elements of the visual character of the Municipality and
are also important resources for recreation and commerce. Development
should be designed to preserve and protect the Municipality's watercourses
and wetlands so that they can continue to serve all of these functions.
(4)
Preserve woodlands and mature trees. New developments should be designed
to preserve and protect existing woodlands, as excessive cutting of
trees and clearance of woodlands in conjunction with subdivision and
land development causes soil erosion, increased runoff, loss of habitat,
and diminution of one of the Municipality's most significant visual
resources: the wooded hillsides that are so prominent throughout the
area. Except for regulated commercial timbering operations, the cutting
of mature trees and clearance of woodland shall commence only after
final approval of a plan for subdivision or land development, and
then only to the extent required for the construction of roads, utilities,
and buildings.
(5)
Protect other identified natural resources. Special care should be
taken in the design and construction of subdivisions and land developments
to protect habitats in which rare or endangered plants or animals
are found and other ecologically important sites.
(6)
Protect historic, architectural, and archeological resources. Sites
containing structures of historic or architectural significance should
be designed to preserve, enhance or reuse such structures, in accordance
with any applicable state regulations.
(7)
Protect the quality of the Municipality's air and water. All land
development shall comply fully with federal, state and county laws
and regulations concerning air and water pollution.
C.
Avoid hazardous development. Where hazardous or potentially hazardous
features are present on proposed development sites, the design of
subdivisions and land developments shall consider such features. Appropriate
precautions shall be taken to ensure that development will be safe
and that the public health and welfare will be protected. Development
shall not be approved unless safety is ensured.
(4)
Contaminated sites. In order to protect the public health, no subdivision
or development of land in areas which may have been contaminated by
former industrial or other uses shall be approved unless the site
has been made safe for development. Development of contaminated sites
shall be limited to uses which will not pose health risks for site
occupants.
(5)
Areas exposed to aircraft noise or hazards. Subdivisions and land
developments in areas of the Municipality where airport-related noise
is high or where aircraft landings and takeoffs can be endangered
by vertical obstructions or other hazards shall ensure that development
does not reduce the ability of the airport to function safely and
efficiently. Conversely, the safety of development and health and
welfare of occupants should not be compromised because of proximity
to airports.
D.
The general layout of subdivisions and land development should respect
the natural resources of the site, the character of the surrounding
area, and be suitable for the intended uses. The design of blocks
and lots shall comply with the zoning requirements of the Municipality
and should provide suitable sites for buildings. The design of subdivisions
and land development should consider the topography and other natural
features of the site, requirements for safe and convenient pedestrian
and vehicular circulation, and the character of surrounding development.
Subdivisions and land developments should be compatible with Municipal,
county, and regional Comprehensive Plans and components thereof.
E.
Land development shall include landscaping which is designed to improve
community appearance, to contribute to the environmental quality and
livability of new development areas, and to mitigate the negative
impacts of development upon other areas of the community. Uses and
structures should be sited to minimize adverse impacts from or upon
adjoining uses. Landscaping and buffer yards should be designed to
reduce unavoidable impacts and to augment the natural features of
the site.
F.
Provide a full range of improvements in subdivisions and land developments
as required, ensuring the public health, safety, and welfare and the
creation of desirable communities for living, working, and recreation.
(1)
Water. A safe and sufficient supply of potable water shall be provided
for new subdivisions and land developments, in accordance with applicable
regulations of the Commonwealth and Allegheny County. New development
should not degrade the quality of potable water supplies.
(2)
Sanitary sewage facilities. Sanitary sewage facilities shall be provided
for new subdivisions and land developments, in accordance with applicable
regulations of the commonwealth and Allegheny County.
(3)
Stormwater management. Every subdivision and land development shall manage stormwater flows in accordance with Chapter 319, Stormwater Management.
(4)
Other essential public utilities. New subdivisions and land developments
shall be served by other essential public utilities, including electricity,
natural gas, cable television, and telephone. New subdivisions and
land developments may also be served by alternative energy sources,
such as solar or wind, in accordance with any applicable state, federal,
and local regulations.
(5)
Public and community services. All new development should have access
to a full range of community services and facilities, such as public
safety and emergency services, and recreation facilities, schools
and libraries.
(6)
Transportation facilities. New subdivisions and land developments
should include a range of transportation facilities, for access to
all lots, buildings, and open space areas intended for use by people.
Transportation facilities developed within new subdivisions and land
developments should be designed as parts of the larger system of transportation
facilities which serve the community. Transportation facilities may
include streets, public transportation, sidewalks, bikeways, and multipurpose
trails for nonmotorized transportation.
General standards for grading. Shall be in accordance with Chapter 243, Land Disturbance.
Limitations on slope disturbance. Shall be in accordance with Chapter 359, Zoning.
A.
Woodland preservation. Not more than 50% of the total area of mature
woodlands and not more than 75% of the total area of woodlands on
a development site shall be removed in conjunction with a subdivision
or land development. The remaining woodlands shall be protected as
open space. No area of any existing woodland shall be removed prior
to the granting of final approval of the proposed subdivision or land
development.
(1)
Priority in woodland preservation shall be given to woodlands in
one-hundred-year floodplains, wetlands, stream valley corridors, steep
slopes and landslide-prone areas.
(2)
The Municipality may consider modification of this standard if evidence
is presented from a professional arborist, forester, landscape architect,
or other expert whose qualifications are acceptable to the Municipality,
that a lesser area of woodlands should be preserved because of disease,
undesirability of species, or other reason affecting the quality and
health of the woodland.
(3)
The Municipality may allow a greater percentage of woodland area to be cleared if new replacement woodlands are provided elsewhere on the site or an approved off-site mitigation area. The minimum area of the replacement woodland shall be at least 125% of the woodland area cleared in excess of the areas allowed in § 324-27A above. The replacement woodland shall be prepared, planted, and maintained in accordance with a plan prepared by a forester or other qualified professional and approved by the Municipality.
B.
Preservation of large or unique trees.
(1)
All healthy trees with trunks equal to or exceeding 24 inches dbh,
or any tree which may be noteworthy because of its species, age, uniqueness,
rarity, or status as a landmark due to historical or other cultural
associations, and which is located within the area of disturbance
shall be preserved unless removal is deemed necessary. Criteria for
evaluating the necessity for removal shall include the following:
(a)
The health of the tree, whether it is dead or diseased beyond
remedy, or whether it is likely to endanger the public or an adjoining
property;
(b)
Other constraints of the site, where the applicant demonstrates
to the satisfaction of the Municipality that no reasonable alternative
exists and that removal of a tree is necessary for construction of
building foundations, roads, utilities, or other essential improvements.
(2)
Trees to be preserved shall be protected during construction. The
critical root zone shall be protected by securely staked fencing with
a minimum height of 36 inches. No storage or placement of any soil
or construction materials, including construction wastes, shall occur
within the fenced area. Cables, ropes, signs, and fencing shall not
be placed on protected trees.
(3)
Abrupt changes of grade shall be avoided within 40 feet of the critical
root zone of any trees to be preserved.
(4)
Large or unique trees which cannot be preserved shall be replaced
by trees of the same species, in the following manner:
(a)
For every tree with a caliper of 24 inches dbh or larger, at
least five trees with a minimum caliper of three to 3.5 inches dbh
or at least seven trees with a minimum caliper of two to 2.5 inches
dbh shall be required.
(b)
The placement and spacing of the replacement trees shall be
appropriate to conditions of the replacement site and is subject to
the approval of the Municipality, but shall at a minimum be such as
to ensure the health and longevity of the replacement trees.
C.
Preservation of bicentennial trees. No subdivision or land development
shall be approved which includes the destruction of a tree listed
in the Allegheny County Register of Bicentennial Trees.
A.
Allegheny County natural heritage inventory. Every subdivision and
land development site plan shall consider and, to the maximum extent
feasible, ensure the preservation of natural heritage areas and resources
identified in the Allegheny County Natural Heritage Inventory, February
1994, prepared for Allegheny County by the Western Pennsylvania Conservancy.
B.
Protected resources. Where a proposed subdivision or land development
includes an identified natural feature, such as a rare or endangered
species, which is regulated by municipal, state, or federal law, the
applicant shall provide evidence of compliance with any applicable
regulation.
A.
Identification of resources. Structures and site features which have
known historic or architectural significance and locations of known
or probable archeological sites shall be identified on the existing
conditions map and described in the preliminary application materials.
B.
Notification to PHMC. Where the presence of such features is known
or suspected, or where required by DEP or another permitting agency,
the applicant shall notify the Pennsylvania and Historical Museum
Commission (PHMC) of the proposed subdivision or land development
and request a determination concerning the presence of significant
resources from the PHMC.
(1)
A copy of the notification to the PHMC shall be submitted with the
application for preliminary approval.
(2)
The Municipality shall condition preliminary approval upon the applicant's
receipt from the PHMC of a determination that:
(a)
No significant resources are present on the site or that the
proposed subdivision or land development will not adversely impact
resources that may be present; or
(b)
Significant resources are present or likely to be present on
the site; together with an approved plan or program for the mitigation
of any adverse impacts of the proposed subdivision or land development
upon the historic or archeological resource, if required by the PHMC.
(3)
A copy of the required determination by the PHMC shall be submitted
with an application for final approval, and no subdivision or land
development requiring such a determination shall receive final approval
without it.
A.
Air quality. An application for preliminary approval of a nonresidential
land development shall include a written certification from the Allegheny
County Health Department that it has been notified of the proposed
development and that the applicant has been apprised in writing of
the Allegheny County air pollution control requirements. If a preliminary
plan is not required, the certification shall be submitted with the
application for final approval.
B.
Water quality. All subdivisions and land developments shall comply
with all laws and regulations of the federal government, Commonwealth
of Pennsylvania, and Allegheny County concerning water quality.
(1)
All earth disturbance activity shall be carried out in accordance
with a soil erosion and sedimentation pollution control plan prepared
in accordance with regulations of the Department of Environmental
Protection, which has been submitted to and determined to be adequate
by the Allegheny County Conservation District.
A.
Landslide-prone areas. No grading, removal of vegetation, construction,
or other disturbance shall be permitted on soils that are classified
as slide-prone or unstable in the Soil Survey of Allegheny County,
on any land that is delineated as unstable on the Landslide Susceptibility
Map of Allegheny County, or on any other areas of a proposed development
site that exhibit signs of instability, except in accordance with
the provisions of this subsection.
(1)
Unstable areas of a site may be set aside as common or private open
space.
(2)
Limited disturbance of unstable areas may be allowed if the applicant
demonstrates to the satisfaction of the Municipality that the proposed
disturbance will not cause sliding or movement or any unsafe condition
either on the development site or on any property adjacent to it.
(3)
Evidence of the safety of any proposed disturbance shall require
site investigation and certification in writing by a registered soils
engineer, engineering geologist, or professional engineer with experience
in soils engineering that the proposed activity will not create or
exacerbate unsafe conditions.
B.
Undermined areas. No land development involving construction of buildings
and no subdivision of land intended to create lots for building construction
shall be approved on a site which has been undermined at shallow depths
or in an area where there is evidence of past subsidence unless the
applicant demonstrates that the proposed subdivision or land development
will be safe and will not create hazards for adjacent properties.
Evidence of safety shall be one of the following:
(1)
If the site or any area of the site has been undermined and has 100
feet or less of overburden, evidence of the safety of the proposed
subdivision or land development shall require site investigation and
certification in writing by a professional engineer, experienced in
subsidence risk assessment, that the proposed development will be
safe.
(2)
If the site has been undermined and has more than 100 feet of overburden,
a subsidence risk assessment by a professional engineer and written
certification that the proposed subdivision or land development will
be safe may be required if the Municipality.
D.
Contaminated sites. The Municipality shall not approve the subdivision
or development of land which is known to contain substances which
are classified as hazardous unless the site has been made safe for
the proposed development.
(1)
A contaminated site shall be considered safe for subdivision or development when a remediation plan has been completed and approved by DEP, subject to the provisions of § 324-31D(2) hereunder.
(2)
If a remediation plan includes limitations on uses or other site
restrictions that would not apply to other property in the same zoning
district, the Municipality may require that the proposed subdivision
or land development, including any restrictions on uses or other limitations
imposed by the remediation plan, be approved by the Municipal Council.
(3)
The subdivision of contaminated land, not including any development
or earth disturbance, may be approved prior to remediation if a notation
approved by the Municipality is placed on the recorded plan, which
indicates that the site or specified lots within the site contain
or may contain hazardous substances.
E.
Areas exposed to aircraft noise or airport-related hazards.
(1)
Noise-impacted areas. Subdivisions and land developments located
in areas which are impacted or projected to be impacted by high levels
of aircraft-related noise, as delineated in the most recent Airport
Noise Contour Maps, shall comply with one of the following two options:
(a)
Land shall be subdivided or developed only for uses that are
compatible with existing and projected noise levels; or
(b)
Structures shall be soundproofed in accordance with standards
promulgated by the Allegheny County Department of Aviation.
(c)
In addition, a notation shall be placed on a plan of subdivision
in a noise-impacted area that lots may be exposed to high levels of
airport-related noise.
(2)
Airport hazard areas. Subdivisions and land developments located
in areas where development may create hazards to aircraft because
of height, illumination, or other features that may interfere with
aircraft takeoffs and landings shall be designed and constructed so
as not to create hazards to aircraft.
(a)
Land development shall comply with applicable Municipal airport
zoning regulations and with federal and state regulations requiring
submission of notice of proposed construction or alteration.
(b)
If notice of proposed construction or alteration is required,
the applicant shall provide copies of permits or approvals of the
proposed land development from the PennDOT Bureau of Aviation and
the Federal Aviation Administration or a copy of a notification from
those agencies that a permit is not required.
A.
Lots.
(1)
General standards.
(2)
Specific standards.
(b)
Lots shall be laid out and graded to provide positive drainage
away from buildings and water wells.
(d)
Lots which require access to an arterial or collector street
shall be avoided. Where lots adjoin arterial or collector streets,
access to such lots shall be from service or minor access roads.
(e)
Lots that have frontage along two or more streets shall provide along each street the minimum front setback required by Chapter 359, Zoning.
(f)
Side lot lines shall be at right angles or radial to street
right-of-way lines.
(g)
Remnant land areas which are not buildable under the Municipal
zoning regulations shall not be permitted. Such remnants shall be
incorporated into existing or proposed lots, or dedicated to public
use if acceptable to the Municipality.
Refer to Chapter 359, Zoning.
Water supply required. An adequate supply of potable water shall
be provided for every building to be used for human occupancy or habitation
in a subdivision or land development.
A.
Public water systems.
(1)
Where an existing public water system is accessible to or can be
extended to the proposed development site, the applicant shall provide
a complete on-site system with connections to such public water system
in conformance with local, county and state standards and requirements
and the water supplier whose facilities will serve the development.
(2)
Where an existing public water system is not accessible to the proposed
development, water may be supplied by a new public water system, subject
to the approval of DEP and the Allegheny County Health Department.
(3)
In the case of Subsection A(1) or (2), the applicant shall present evidence to the Municipality that the subdivision or development is to be supplied with water by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority, or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area, whichever is appropriate, shall be acceptable evidence.
(4)
Hydrants. Subdivisions and land developments to be served by public
water systems shall be provided with fire hydrants which meet all
specifications/requirements of the Monroeville Municipal Authority,
Wilkinsburg-Penn Joint Water Authority and the Municipality of Monroeville.
B.
Individual water systems.
(1)
Where public water supply systems, as defined in the Allegheny County
Health Department Rules and Regulations, Article XV, Plumbing and
Building Drainage, Chapter 17, are inaccessible and cannot be extended
to the proposed development site, the applicant may provide potable
water through individual water supplies, designed and constructed
in conformance with the standards and requirements of the Health Department.
(2)
The use of private water systems shall not be permitted in any subdivision
or land development with more than 10 lots, unless the applicant provides
hydrogeologic data, acceptable to the Health Department, assuring
that an adequate quantity and quality of water are available.
(3)
Private water systems and individual water supplies may be permitted
to be located off-site, provided that a permanent easement is recorded
on the final plan, a legal agreement that sets forth clearly all of
the rights and responsibilities of all affected parties is executed,
and all other applicable provisions of this section are met.
A.
Sanitary sewage facilities required. All subdivisions and land developments, unless excepted in § 324-35B below, shall be provided with sanitary sewage facilities which are in accordance with the Municipal sewage facilities plan and which have been approved by the Allegheny County Health Department, the Pennsylvania Department of Environmental Protection, and the Municipality of Monroeville, Monroeville Municipal Authority, ALCOSAN, or other public agency responsible for the collection, conveyance, and treatment of sanitary sewage.
(1)
No plat shall receive final approval or be recorded until the plans
and specifications for sanitary sewage facilities have been approved
and permits issued, as required, by the Allegheny County Health Department
and/or the DEP.
(a)
Conditional final approval may be granted, however, provided
that the completed Sewage Facilities Planning Module, as required
for the proposed development, has been approved by the Municipality,
and transmitted by the Municipality to the Allegheny County Health
Department and/or Pennsylvania Department of Environmental Protection,
together with a resolution adopting the revision to its sewage facilities
plan, if required.
(2)
All sanitary sewers and related facilities shall be constructed in
accordance with requirements of DEP, the Municipal Standards for Construction,
the Monroeville Municipal Authority, and the Allegheny County Health
Department, Rules and Regulations, Article XV, Plumbing and Building
Drainage.
(3)
Private sanitary sewer systems may be permitted to be located off
site, provided that a permanent easement is recorded on the final
plan, a legal agreement that sets forth clearly all of the rights
and responsibilities of all affected parties is executed, and all
other applicable provisions of this section are met.
B.
Exceptions.
(1)
Minor plat adjustments. Sewage facilities shall not be required for
subdivisions that are classified as plat adjustments in this chapter,
that is, where no new lots are created.
(2)
Plans with no new development. Subdivisions and land developments
in which no development of buildings or improvement of land for purposes
requiring sewage facilities is proposed need not provide sanitary
sewage facilities provided a properly executed waiver application
has been submitted to and approved by DEP.
Management of runoff required. Every subdivision or land development which will affect stormwater runoff characteristics shall include provision for the management of runoff in accordance with Chapter 319, Stormwater Management.
A.
General requirement. Subdivisions and land developments shall be
served by gas, electric, cable television, and telephone service distribution
systems, where these systems are accessible to the development.
B.
Easements. Easements for public and private utilities shall comply
with the requirements of the utility providers and with the following
standards.
(1)
Easements shall be adjacent to property lines where possible.
(2)
Minimum widths for utility easements shall be 20 feet for public
utilities and 10 feet for private utilities. Utility companies shall
use common easements wherever possible.
(3)
Public utilities may require a wider easement, due to depths or other
constraints.
C.
Underground wiring.
(1)
Electric, telephone, television, and other service lines shall be
provided by wiring placed underground within easements or dedicated
rights-of-way, installed in accordance with the prevailing standards
and practices of the utility or other companies providing such services
unless the applicant demonstrates to the Public Utilities Commission
that physical conditions render such underground installation infeasible.
(2)
If a lot abuts an easement or right-of-way with existing overhead
electrical, telephone, television, or other service lines, the lot
may utilize the overhead lines, but service connections shall be installed
underground. Where a subdivision or land development requires a road
widening or service extension which necessitates the replacement or
relocation of overhead lines, replacement or relocation shall be underground.
(3)
Utility apparatus placed above the ground, other than utility poles,
shall be screened with plant materials.
A.
General provisions.
(1)
Purpose. The purpose of this section is to require the provision
of land and facilities for open space and recreational uses in new
land developments. Areas and facilities for recreational use are desirable
in both residential and nonresidential developments and may include
a wide range of areas and facilities such as tot lots, playgrounds,
game courts and playing fields, parks, landscaped plazas, picnic areas,
hiking and biking trails, and greenways.
(2)
Intent. The intent of this section is to require the public dedication
or private reservation of land for recreational use, the construction
of facilities, payment of fees in lieu of dedication, or combination
thereof only in accordance with Section 503(11) of the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. 10503(11).
(3)
Mandatory provision of land for recreation. If the Municipality has formally adopted a recreation plan, land suitable for recreation and open space shall be provided in accordance with the requirements of § 324-38B(2), (3), and (4) hereunder.
(4)
Voluntary provision of land and facilities. If the Municipality has
not formally adopted a plan for recreation, compliance with the provisions
of this section shall be voluntary, but land developments should include
open space areas and facilities to meet the recreational needs of
residents, employees, and other users of proposed developments. Often
recreational use may be made of areas where development is restricted
for environmental reasons. There may be opportunities to link open
space within a development to open space in adjoining areas and to
create, over time, continuous systems of open space that will add
great value to a development and to the community.
B.
Parks, open space, and recreation facilities for residential development.
(1)
Purpose. Parks and recreation facilities provide open space for conservation
of environmentally sensitive features and for active and passive recreational
needs. The purpose of this subsection is to provide for the park and
recreation needs of new residential development. These requirements
are intended primarily for recreation rather than environmental protection
purposes; however, it is not the intent to prohibit parks or recreation
facilities in environmentally sensitive areas if compatible with the
primary recreation goals of this subsection.
(2)
Amount of land required. Residential land developments which will
contain 10 or more dwelling units shall provide open space for recreation
purposes at a rate ranging from 6.25 acres to 10.50 acres per 1,000
estimated population, which is equal to approximately 270 square feet
to 350 square feet per person. This standard is based upon recommendations
of the National Recreation and Park Association for local recreation
space within neighborhoods and communities and may be adapted to reflect
specific recommendations of a Municipal park and recreation plan,
existing facilities near the development site, and the character and
suitability of land within the site for park and recreation purposes.
(3)
Characteristics. Land proposed to be dedicated or reserved for park
and recreation purposes shall meet the following standards.
(a)
Minimum size. Recreation and open space sites shall be of sufficient
size for the recreation uses that are identified in the Municipal
park and recreation plan. Where there is no Municipal plan or if the
Municipal plan does not specify, the minimum size of a recreation
site shall be 10,000 square feet or such other size as is acceptable
to the Municipality.
(b)
Slope. At least half of any land area proposed for park and
recreation purposes shall have a slope of less than 25% and shall
be appropriate for active recreation uses. Steep slopes, exceeding
25%, may be accepted if they are suitable for passive recreation.
Any steep slopes proposed for park and recreation purposes shall be
undisturbed, not graded, slopes.
(c)
Flood-prone areas. At least half of any land proposed for park
and recreation purposes shall be above the one-hundred-year flood
elevation and shall be appropriate for active recreation uses. Land
below the one-hundred-year flood elevation may be accepted if it is
suitable for recreation uses.
(d)
Accessibility and usability. Land proposed for dedication shall
be usable and accessible to the development for which it is required
and to the general public for active or passive recreation activities.
(4)
Ownership. Open space required to be dedicated under this subsection
shall be either:
(a)
Dedicated in fee simple to the Municipality, subject to acceptance
by the Municipality;
(b)
Deeded in fee simple or by means of a conservation easement
or similar conveyance to a nonprofit conservation organization, permanently
restricting the open space for recreational use by the public and
allowing the public to use and improve the land for open space or
recreational purposes.
(5)
Reservation of land, construction of recreational facilities or fee
in lieu of dedication. In lieu of dedicating land, a developer may
voluntarily agree to construct recreational facilities, reserve private
land as common open space, pay a fee in lieu of land dedication, or
combination thereof, in accordance with the standards of this subsection.
(a)
Reservation of private open space.
[1]
Dimensions and character. The amount, dimensions, and character of the reserved open space shall meet the standards for dedicated open space, as set forth in § 324-38B(2) and (3) above.
[2]
Accessibility. Private open space shall consist of land or water
within the site, designed and intended for the use or enjoyment of
residents of the development.
[3]
Ownership. Private land reserved as open space shall be permanently
restricted to recreational use and shall be deeded to a property owners'
association or to a nonprofit conservation organization, with authority
to own and maintain the land. Provisions for use, ownership, and maintenance
shall be acceptable to the Municipality.
(b)
Construction of recreational facilities.
[1]
Character of facilities. A developer may construct any facilities
identified in the Municipal recreation plan or acceptable to the Municipality.
[2]
Accessibility. Recreation facilities shall be accessible to
residents of the development and other members of the general public.
[3]
Ownership. Recreational facilities constructed under this subsection
shall be publicly owned and maintained.
(c)
Fees in lieu of land dedication.
[1]
Amount. The amount of the fee in lieu of required open space
shall be equal to the predevelopment fair market value of the land
area required to be dedicated and shall be calculated as follows:
Fee = (number of acres required to be dedicated) x (average predevelopment
fair market value, per acre of land in development site).
[2]
Timing of payment. All fees in lieu of required open space shall be paid prior to final approval of the subdivision plat or land development plan unless financial security is provided in accordance with § 324-15.
[3]
Earmarking. Fees authorized by this subsection shall, upon receipt
by the Municipality, be deposited in an interest-bearing account,
clearly identifying the land or recreation facilities for which the
fee was received. Interest earned on such accounts shall become funds
of that account.
[4]
Use of funds. Funds from such accounts shall be expended only
for the acquisition of land or the construction of recreational facilities
identified in the Municipal recreation plan which are accessible to
the residents and users of the proposed subdivision or land development.
[5]
Refunds. If the Municipality fails to utilize the fee paid for
the park and recreation purposes within three years of the date such
fee was paid, the Municipality shall refund any fees paid with interest
to any person who paid any fee under this subsection who requests
a refund.
C.
Open space amenities for nonresidential development.
(1)
Purpose. Major nonresidential land uses, such as office buildings
and shopping centers, require open spaces to ensure the health, safety
and welfare of large numbers of employees and patrons. Outdoor plazas
and landscaped open spaces provide safe, pleasant environments for
taking breaks, reduce the need to drive to other locations for this
purpose, provide a buffer from noise, glare and other adverse effects
of high-density development, and increase the attractiveness of new
development. The purpose of these standards is to ameliorate the congestion
and other adverse impacts on employees, visitors and patrons of major
nonresidential developments.
(2)
Applicability. These standards shall apply to any nonresidential
land development which will include at least 25,000 square feet of
gross leasable floor area devoted to retail, office, commercial, institutional,
public, or industrial use.
(3)
Open space requirements. In all land development which is subject
to the requirements of this subsection, land shall be set aside which
is equal to at least 5% of the gross leasable floor area of the development
as open space. Such open space shall not include driveways, parking
or loading areas, refuse or storage areas.
(4)
Design criteria. Open space areas shall satisfy all of the following
criteria:
(a)
Open areas shall be open to public use for walking, seating
and eating.
(b)
Open areas shall be landscaped or covered with decorative surface
treatment. Natural ground cover, such as grass, shrubs, flower beds
or mulch are encouraged; however, impervious ground cover may be used,
provided that:
[1]
Deciduous canopy trees having a diameter at breast height of
at least 2.5 inches are planted;
[2]
At least one such tree is planted for every 500 square feet
of open area; and
[3]
Tree roots are protected by tree grates or, if tree grates are
not possible or practicable, by above-grade planters.
(c)
Fountains, art or sculpture, seating, protected walkways, linkages
to transit or trail systems, bus shelters, streetlights, or other
streetscape improvements may be installed in lieu of required landscaping
with the approval of the Municipality.
(d)
All utilities shall be installed underground.
(e)
Open spaces and improvements to open spaces shall be depicted
on the site plan or landscaping plan which shall be submitted with
the application for land development approval.
(5)
Maintenance agreement. A maintenance agreement for any improvements
required under this section shall be submitted by the applicant and
approved by the Municipality.
D.
Dedication or reservation of greenways and trails.
(1)
Purpose. The establishment of greenways provides an important means
for the conservation of environmentally sensitive land and natural
resources and for the preservation of vegetation and wildlife habitat.
The establishment of greenways which are available for public use
also provides a variety of recreational and educational benefits.
Trails for walking, hiking, and biking are important facilities for
recreation as well as for nonmotorized transportation. The establishment
of greenways and trails improves the quality of life and will help
to make municipalities and the county economically competitive with
other areas. Both greenways and trails must occupy continuous, linear
land corridors and cannot be effectively contained within individual
parcels of land. The purpose of this subsection is, therefore, to
provide that land which is delineated as a greenway or trail in an
adopted plan or on an Official Map be dedicated or reserved for such
use when land is subdivided or developed.
(2)
Dedication or reservation of proposed trails and greenways. The Municipality
may accept the dedication or reservation of greenways which traverse
a proposed subdivision or land development. Any land dedicated or
reserved under this subsection shall be credited against the requirements
of this chapter for the provision of open space, recreational facilities,
and open space amenities in residential and nonresidential developments,
provided:
(a)
That the land offered for dedication or reservation is designated
as a trail or greenway on an adopted plan or Official Map of the Municipality
or county.
(b)
That land offered for public dedication is approved by the Municipality.
(c)
That land for greenways and trails not publicly dedicated is
deeded to a conservation organization or land trust or privately reserved
for such use, provided there is an agreement which is acceptable to
the Municipality which ensures the maintenance of land and facilities
and which provides for public use at reasonable times.
(d)
That the minimum right-of-way width of an easement containing
a trail which crosses private land is 20 feet for a multipurpose trail
and 10 feet for a single-purpose trail.
A.
Purpose. The purpose of this section is to ensure that developers,
the Municipality, and service providers are aware of the potential
impacts that proposed development will have upon community services
and facilities and to encourage cooperative planning and action to
improve or augment facilities and services that are not adequate to
meet increased demands created by new development.
B.
Requirement to inform. An applicant for approval of a major subdivision
shall inform the providers of public services and facilities of the
proposed development, including sufficient information about the development
to enable the service provider to determine whether sufficient capacity,
facilities, and/or equipment are available to serve the new development.
(1)
Service providers may include police, fire and emergency services;
school district, and public utilities.
C.
Options when services or facilities are not adequate. If a public
service provider indicates an inability to provide service to a proposed
new development, the applicant, service provider, and the Municipality
should agree upon a course of action or program to remedy the inadequacy
and to ensure service to the new development.
A.
Purpose. The purpose of this section is to ensure that in new subdivisions
and land developments streets, paths, and sidewalks provide safe and
convenient access and accommodate the safe and efficient movement
of pedestrian, bicycle, and automobile traffic.
B.
General provisions.
(1)
Every subdivision shall have access to a public street.
(2)
All streets shall be named. No new street name shall be permitted
which duplicates or which may be confused with an existing street
name.
(3)
All proposed connections to existing streets shall be approved by
the jurisdiction owning the existing streets.
(4)
Where traffic or drainage problems are created by the proposed development,
it shall be the responsibility of the applicant to improve both sides
of the existing affected road or street, or to provide sufficient
funds escrowed for use by the Municipality for the execution of such
public improvements.
(5)
Where appropriate, land shall be reserved for the development of
future streets or to connect with adjacent undeveloped land. Reserve
strips shall not be permitted. No subdivision or land development
shall be approved that will landlock any adjacent parcel.
(6)
Where streets continue into abutting municipalities, the applicant
shall coordinate the design of the street with both municipalities
in order to ensure uniform cartway widths, pavement cross sections,
and other public improvements.
C.
General design and arrangement.
(1)
The design and arrangement of streets shall conform to the current
Municipal Street and Traffic Standards Ordinance[1] and the Municipal Comprehensive Plan, Official Maps, and
to Municipal, county, and state transportation plans.
(2)
Streets shall provide convenient connections to existing streets
and shall not adversely affect circulation patterns or the flow of
traffic.
(3)
Streets shall be designed to preserve the natural features and topography
of the development site to the maximum extent feasible.
(4)
Local access streets shall be arranged to minimize through traffic,
discourage excessive speeds, and provide privacy in residential areas.
(5)
Streets in a proposed development shall connect with existing or
reserved streets along the boundary of an adjacent tract unless topography
or other existing feature prevents a connection.
A.
Requirement. Permanent monuments and markers shall be placed in all
subdivisions in order to provide survey and property line control.
(1)
The location and installation of monuments and markers shall be planned
to ensure that they will be permanent, accessible, and recoverable.
(2)
All monumentation shall conform to recommended practices of the surveying
profession, as contained in the most recent edition of the Manual
of Practice for Professional Land Surveyors in the Commonwealth of
Pennsylvania, or equivalent standard of professional practice acceptable
to the Municipality.
B.
Placement.
(1)
Intervisible monuments shall be placed sufficiently far apart to
ensure accuracy control within survey procedures. They shall be placed
with priority consideration for permanence and accessibility. This
will require consideration of the ultimate use of the land where the
monuments are to be placed, exposure to future roadway maintenance,
and lot landscape development. To that end, monuments should be located
in the following order of priority:
(a)
On a five-foot or appropriate survey line only where sidewalks
are to be installed.
(b)
If no sidewalks are to be placed, then the center line of the
roadway should be monumented.
(c)
Other locations along or on the right-of-way line, giving due
consideration to the lot owner's use of the land and the likelihood
of future changes in elevation or landscape, which would affect the
monument's location or its intervisibility.
(2)
Monuments shall be placed in a sufficient number of locations to
define the boundary of a subdivision and the location of all streets.
Sufficient monuments shall be placed to locate intersections, culs-de-sac,
and curves in horizontal street alignments. Monuments shall be intervisible.
(3)
Markers shall be placed at the corners of all lots or at such other
locations as may be required to locate all lot lines.
(4)
The location of all monuments and markers shall be shown on the plan
for recording, with the distance between them and curve data shown.
(a)
A notation indicating whether the monuments and markers were
found or set and a description of their type, size, material, condition,
and position shall be included.
(b)
Monuments shall be identified on the Pennsylvania Plane Coordinate
System - NAD 83 or 27, where it is feasible to do so. This requirement
may be waived for small projects where the control locations are so
distant that the cost of complying would be burdensome in relation
to the total survey cost.
C.
Materials.
(1)
Monuments shall be of durable materials of sufficient length and
cross-sectional area to be reliably permanent and shall clearly indicate
the survey point. Concrete or stone monuments with a minimum width
of four inches and a minimum length of 30 inches shall be acceptable.
Other materials may be acceptable, with the approval of the Municipal
Engineer. (See current Standards for Construction.[1])
(2)
Markers shall be iron pins or pipes, 30 inches in length, or other
material acceptable to the Municipal Engineer.
(3)
Monuments and markers shall be detectable with conventional ferrous
metal or magnetic locators.
