Borough of Emmaus, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
The following principles, standards and requirements will be applied by the Borough Council and Planning Commission to evaluating plans for proposed subdivision or land developments. The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of the public health, safety, morals and general welfare. Where literal compliance with the standards herein specified is clearly impractical, the Borough Council may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of this chapter.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986; and as amended by Ord. 803, 9/19/1994, § 1; and by Ord. 940, 1/7/2002, § 3]
1. 
Land shall be suited to the purposes for which it is to be subdivided or developed.
2. 
Land which is unsuitable for development because of hazards to life, safety, health, or property, shall not be subdivided or developed until such hazards have been eliminated or unless adequate safeguards against such hazards are provided for in the Subdivision or Land Development Plan. Land included as having unsuitable characteristics would be the following:
A. 
Land located in a floodplain subject to flooding or which has a high ground water table.
B. 
Land which, if developed, will create or aggravate a flooding condition upon other land.
C. 
Land subject to subsidence.
D. 
Land subject to underground fires.
E. 
Land containing significant areas of slopes greater than 10%.
F. 
Land which, because of topography or means of access, is considered hazardous by the Borough Council.
G. 
Land which is subject to ground pollution or contamination.
3. 
Proposed subdivisions of land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
4. 
Proposed land uses shall conform to the Borough Zoning Ordinance.
5. 
The Borough of Emmaus Zoning Ordinance [Chapter 27] has recently added §§ 27-503, 27-517 and 27-518. Those standards are hereby incorporated herein and made part of this chapter under this section will be part of any review process for subdivision and land development, as the same may be applicable.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
1. 
Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Borough and shall be coordinated with existing or proposed streets in adjoining subdivisions or land developments.
2. 
Proposed streets shall further conform to such county and state road and highway plans as have been prepared, adopted or filed as prescribed by law.
3. 
Streets shall be related to the topography so as to produce usable lots and acceptable grades.
4. 
Access shall be given to all lots and portions of the tract in the subdivisions or land development and to adjacent unsubdivided territory unless the topography clearly indicates that such connection is not feasible. Streets giving such access shall be improved to the limits of the subdivision or land development and shall be improved to Borough specifications. Reserve strips and land-locked areas shall not be created.
5. 
Streets shall be laid out to preserve the integrity of their design. Local access streets shall be laid out to discourage their use by through traffic and, where possible, arterial streets shall be designed for use by through traffic.
6. 
Where the proposed subdivision or land development contains or is adjacent to an existing or proposed arterial street or a highway designated as a Limited Access Highway by the appropriate highway authorities, provisions shall be made for marginal access streets at a distance acceptable for the appropriate use of the land between the arterial street or Limited Access Highway and the marginal access streets. The Borough Council may also require rear service areas, double frontage lots, or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with primary streets, and separation of local and through traffic.
7. 
Half or partial streets will not be permitted in new subdivisions or land developments except where essential to reasonable subdivision or development of a tract in conformance with the other requirements and standards of this chapter and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.
8. 
Wherever a tract to be subdivided or developed borders an existing half or partial street, the entire street shall be shown on the plan.
9. 
Dead-end streets shall be prohibited, except as stubs (with adequate turning capability) to permit future street extension into adjoining tracts, or when designed as culs-de-sac.
10. 
New reserve strips, including those controlling access to streets, shall be forbidden.
11. 
Where adjoining areas are not subdivided, the arrangement of streets in a proposed subdivision or land development shall be made to provide for the proper projection of streets into the unsubdivided land.
12. 
Street names shall be coordinated with existing or platted street names, and if a new street is a continuation of or is aligned with an existing or platted street, it shall bear the same name as the existing or platted street.
13. 
No street shall be laid out or opened which extends to or crosses any boundary between the Borough and any other municipality except with the specific approval of the Borough Council and upon such condition as the Borough Council may impose. If the street is proposed to serve a commercial area, an industrial area or a residential area of 50 dwelling units or more, located in another municipality, the street shall not be approved unless the area is also served by a street in the other municipality and unless the relevant traffic facilities of the Borough are adequate to handle the anticipated volume.
14. 
All streets shall have a uniform width throughout their respective Lengths except where otherwise required by the Borough Council pursuant to Subsection 2.C. of § 22-504.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
1. 
Street Classification.
A. 
Three functional classifications are hereby established for the streets and roads in Borough:
(1) 
Arterial. This classification includes highways which provide intra-county or inter-municipal traffic of substantial volumes where the average trip lengths are usually five miles or greater. Generally, these highways should accommodate operating speeds of 35 to 55 miles per hour.
(2) 
Collector. This classification is intended to include those highways which connect local access highways to arterial highways. They may serve intra-county and intra-township traffic. They may serve as traffic corridors connecting residential areas with industrial, shopping and other service. They may penetrate residential areas. Generally, these highways will accommodate operating speeds of 35 miles per hour.
(3) 
Local Access. This classification is intended to include streets and roads that provide direct access to abutting land and connections to higher classes of roadways. Traffic volumes will be low and travel distances generally short. These streets and roads should be designed for operating speeds of 25 miles per hour or under.
2. 
Right-of-Way Widths.
A. 
Minimum widths for each type of public street shall be as follows:
Type of Street
Right-of-Way Width
Cartway Width
Arterial
80' to 120'
46'
Collector
60'
34'
Local Access
50'
33'
B. 
Where a proposed subdivision abuts or contains an existing public street or road having a right-of-way width less than would be required if said street or road were created under this chapter, sufficient additional width for right-of-way shall be provided and dedicated to meet the foregoing standards.
C. 
Additional right-of-way and cartway widths may be required by the Borough Council to promote public safety and convenience when special conditions require it and to provide parking space in areas of intensive use.
3. 
Cul-de-sac Streets.
A. 
Cul-de-sac streets, whether permanent or temporary, shall be provided at the closed end with a turnaround having a minimum radius to the edge of the finished street or curb line of not less than 50 feet.
B. 
Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to a property line and a right-of-way of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining tract. At such time as such a street is extended, the overage created by the turnaround outside the boundaries of the extended street shall revert in ownership to the property owners fronting on the cul-de-sac turnaround.
C. 
Commercial and industrial culs-de-sac shall be reviewed for adequacy by the Borough Engineer. His recommendations will be given to the Borough Council who shall have final authority in this matter.
D. 
Permanent cul-de-sac streets shall be kept to a minimum and shall not exceed 600 feet in length.
4. 
Street Alignment.
A. 
Whenever street lines are deflected by more than 5°, connection shall be made by horizontal curves.
B. 
The minimum radius at the center line for horizontal curves on collector and arterial streets shall be 300 feet, and for local streets the minimum radius shall be 100 feet.
C. 
On local access streets, the minimum tangent between reverse curves shall be at least 100 feet; on collector and arterial streets, the minimum tangent shall be at least 250 feet.
D. 
Minimum vertical sight distance measured four feet above grade shall be 300 feet for collector and arterial streets and 100 feet for local access streets.
5. 
Street Grades.
A. 
The minimum grade on all streets shall be three-fourth 0.75%.
B. 
The maximum grade on collector or arterial streets shall be 7% and on local access streets 10%.
C. 
Vertical curves shall be used in changes of grade exceeding 1% and shall provide proper sight distances as specified herein above.
6. 
Street Intersections.
A. 
Local streets shall not intersect with collector or arterial streets on the same side at intervals of less than 800 feet as measured from center line to center line.
B. 
The distance between center lines of streets opening onto the opposite side of a proposed or existing street shall be not less than 150 feet unless the streets are directly opposite each other.
C. 
Multiple intersections involving the junction of more than two streets shall be avoided. Where this proves impossible, such intersections shall be designed with extreme care for both pedestrian and vehicular safety.
D. 
Streets shall be all laid out to intersect as nearly as possible at right angles. Local streets shall not intersect collector or arterial streets at an angle of less than 75°. The intersection of two local streets shall not be at an angle of less than 60°.
E. 
Minimum curb radius at the intersection of two local streets shall be at least 20 feet; and minimum curve radius at an intersection of a local street and a collector or arterial street shall be at least 25 feet.
F. 
There shall be provided and maintained at all intersections clear sight triangles of 75 feet in all directions measured along the center line from the point of intersection. Nothing which obstructs the vision of a motorist shall be permitted in this area.
G. 
Intersections shall be designed with a flat grade wherever practical. Where the grade of any street at the approach to an intersection exceeds 7%, a leveling area shall be provided having a grade of not greater than 4% for a distance of 25 feet measured from the nearest right-of-way line of the intersecting street.
7. 
Pavement Design.
A. 
All components of the pavement structure shall be designed and constructed in accordance with Pennsylvania Department of Transportation Specifications, Form 408.
B. 
Minimum Requirements. The following shall be considered to be minimum standards for street construction in Borough:
Alternates Streets
Type
Local Access Streets
Collector and Arterial
Flexible Pavements
Surface
ID-2
1-1/2"
1 - 1/2"
Base
Subbase
Bituminous
4"
6"
6" (if req.)
Surface
Base
Subbase
ID-2
Crushed Aggregate (regular or dense grade)
3"
5"
3"
10"
6" (if req.)
Surface
Base
Subbase
ID-2
Modified Stone Aggr.
3"
8"
6" (if req.)
3"
10"
9" (if req.)
8. 
Alleys and Driveways.
A. 
Alleys are prohibited in residential developments.
B. 
Driveways serving properties located adjacent to an intersection shall be offset from the intersection of the curb line a distance not less than the required setback dimension.
[Ord. 551, 6/7/1976; as revised by Ord. 575, 11/17/1986]
1. 
Curbs. Curbs and sidewalks must follow the rules and regulations established in Ordinance 550 [Chapter 21, Part 4] and all amendments added thereto.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986; as amended by Ord. 940, 1/7/2002, § 2]
1. 
Lots shall be laid out and graded to provide positive drainage away from buildings. The Borough Council may require a Grading and Drainage Plan for individual lots indicating a buildable area within each lot, complying with the setback requirements, for which positive drainage is assured.
2. 
No person, corporation, or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or water course without having obtained prior approval from the Borough or Department of Environmental Protection, whichever is applicable.
3. 
Where a subdivision or land development is traversed by a natural watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage.
4. 
The Borough will assure that all permanent streams, not under the jurisdiction of other official agencies, are maintained open and free flowing.
5. 
The subdivider or developer, and each person, corporation, or other entity which makes any surface changes shall be required to:
A. 
Collect on-site surface runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area.
B. 
Design drainage facilities to handle runoff from upstream areas, assuming full development of those areas, based upon the Comprehensive Plan for Borough.
C. 
Design, construct, and/or install such drainage structures and facilities as are necessary to prevent erosion damage to the subdivision or land development, adjacent property and downstream property. Such structures and facilities shall satisfactorily convey such surface waters to the nearest practical street, storm drain, detention pond, or natural water course.
6. 
Storm sewers, culverts, and related installations shall be provided to permit unimpeded flow of natural water courses, to drain all low points along streets, and to intercept storm water runoff along streets at intervals reasonably related to the extent and grade of the area drained.
7. 
Storm sewers, as required, shall be placed in front of the curb or curb line when located in a street right-of-way. When located in undedicated land, they shall be placed within an easement not less than 15 feet wide, as approved by the Borough Engineer, who may require additional width of easement as circumstances warrant.
8. 
Street drainage will not be permitted to cross intersections or the crown of the road.
A. 
Maximum spacing of street inlets shall not exceed 600 feet.
B. 
All street inlets shall be PennDOT Type C or M. Inlet tops shall be cast in place reinforced concrete or precast concrete.
C. 
All culvert ends shall be provided with either reinforced concrete headwalls or pipe and sections.
D. 
Minimum pipe size shall be fifteen-inch diameter.
E. 
When material for storm drain systems is not specified, PennDOT specifications will govern.
9. 
All springs and sump pump discharges shall be collected so as not to flow in the streets.
10. 
Stabilized outlets shall be provided for footer drains, floor drains, and downspouts.
11. 
The Soils Cover Complex Method of the Soil Conservation Service of the U. S. Department of Agriculture shall be used as the primary means of estimating stormwater runoff.
12. 
The Rational Method may be used for analysis of storm sewer systems and for stormwater management facilities in minor subdivisions.
13. 
Where the estimated runoff based upon the above methods is doubtful, several recognized methods should be studied and compared.
14. 
The minimum design criteria shall be a ten-year storm. Higher frequency conditions shall be used in sensitive areas and where an overflow would endanger public or private property.
15. 
Runoff calculations must include complete hydrologic and hydraulic design and analysis of all control facilities.
16. 
Control Facilities.
A. 
Permanent control measures/facilities shall be designed to assure that the maximum rate of stormwater runoff is not greater after development than prior to development for a ten-year storm frequency. More stringent criteria may be required in sensitive areas where storm water problems presently exist.
B. 
Control Facilities shall be designed to meet, as a minimum, the design standards and specifications of the "Erosion and Sedimentation Control Handbook for Lehigh County."
(1) 
Detention ponds may be waived by the Borough Council on the recommendation of the Borough Engineer at sites in close proximity to the major streams. This is to facilitate drainage prior to stream flooding.
(2) 
In areas underlain with limestone geology, ponds shall be limited to the detention (dry) type unless the developer can show a special need for a retention pond, in which case it shall have a lining. Detention ponds shall be prohibited in areas of known sinkholes unless the pond is lined. If a sinkhole develops in a pond or channel before acceptance by the municipality, a lining shall be required.
(3) 
Any ponds with slopes steeper than three to one shall be fenced with a six-foot fence with a type subject to the approval of the municipality.
C. 
A maintenance program for control facilities must be included as part of the Grading and Drainage Plan.
(1) 
Maintenance during development activities of a project shall be the responsibility of the contractor, developer, and owner.
(2) 
Arrangement for maintenance of permanent control facilities after completion of development activities shall be made before approval of final plans is given by the Borough Council.
(a) 
In cases where permanent control facilities are owned by an entity, it shall be the responsibility of that entity to maintain control facilities (e.g., homeowner's association). In such cases a legally binding agreement between the owner and the Borough shall be made providing for maintenance of all permanent erosion control facilities, including the inspection by the Borough.
[Ord. 551, 6/7/1975; as revised by Ord. 675, 11/17/1986]
1. 
Blocks and lots shall be graded to provide proper drainage away from buildings and to prevent the collection of storm water in pools. Minimum 2% slopes away from structures shall be required.
2. 
Lot grading shall be of such design as to carry surface waters to the nearest practical street, storm drain, or natural water course. Where drainage swales are used to deliver surface waters away from buildings, their grade shall not be less than 1% nor more than 4%. The swales shall be sodded, planted or lined as required. A Grading and Draining Plan shall be required for all subdivisions and land developments, except minor subdivisions.
3. 
No final grading shall be permitted with a cut face steeper in slope than two horizontal to one vertical except under one or more of the following conditions:
A. 
The material in which the excavation is made is sufficiently stable to sustain a slope of steeper than two horizontal to one vertical, and a written statement of a civil engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, to that effect is submitted to the Borough Engineer and approved by him. The statement shall state that the site has been inspected and that the deviation from the slope specified hereinbefore will not result in injury to persons or damage to property.
B. 
A concrete or stone masonry wall constructed according to sound engineering standards for which plans are submitted to the Borough Engineer for review and approval is provided.
4. 
No final grading shall be permitted which creates any exposed surface steeper in slope than two horizontal to one vertical except under one or more of the following conditions:
A. 
The fill is located so that settlement, sliding or erosion will not result in property damage or be hazardous to adjoining property, streets, alley, or buildings.
B. 
A written statement from a civil engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, certifying that he has inspected the site and that the proposed deviation from the slope specified above will not endanger any property or result in property damage, is submitted to and approved by the Borough Engineer.
C. 
A wall is constructed to support the face of the fill.
5. 
The top or bottom edge of slopes shall be a minimum of three feet from property or right-of-way lines of street or alleys in order to permit the normal rounding of the edge without encroaching on the abutting property. All property lines, where walls or slopes are steeper than one horizontal to one vertical and five feet or more in height shall be protected by a protective fence no less than three feet in height approved by the Borough Engineer.
6. 
All lots must be kept free of any debris or nuisances whatsoever.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
1. 
The length, width, shape, and design of blocks shall be determined with due regard to the provision of adequate sites for buildings of the type proposed, to the land use and/or zoning requirements of the Borough, the topography of the land being subdivided, and the requirements for safe and convenient vehicular and pedestrian circulation.
2. 
Unless the topography of the land being subdivided or the existing pattern of development in the immediately adjacent area shall be otherwise than herein required, the following minimum standards for the design and size of blocks and lots shall prevail:
A. 
Blocks shall not exceed 1,600 feet in length, nor be less than 500 feet in length.
B. 
Residential blocks shall generally be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering an arterial or collector street are used, or where due to the contour of the land, or the necessary layout of the subdivision, there is insufficient depth between intersecting streets for such two tier design.
C. 
Crosswalks or interior pedestrian walks shall be required in blocks exceeding 1,000 feet in length to provide for pedestrian circulation or access to community facilities. Such walks shall be paved for width of not less than four feet, shall be located in easements not less than 10 feet in width, and shall, insofar as possible, be located in the center of any such block.
D. 
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. In such cases, off-street parking for employees and customers shall be provided along with safe and convenient limited access to the street system. Space for off-street loading shall also be provided with limited access to the street system. Extension of streets, railroad access right-of-way, and utilities shall be provided as necessary.
E. 
Lot lines intersecting street lines shall be substantially at right angles or radial to street lines.
F. 
Lots shall, in general, front on a street which has already been dedicated to the Borough, or which the subdivider or developer proposes to dedicate to the Borough in connection with approval of the final plan. In commercial or industrial subdivisions or land developments where access is proposed to be provided by private streets within the subdivision or land development, this requirement may be waived by the Borough Council.
G. 
The Borough shall assign house numbers to each lot within a subdivision.
H. 
Minimum lot sizes shall be in accordance with the Borough Zoning Ordinance.
I. 
Remnants of land, smaller than required for a lot, shall not be permitted within any subdivision. Such remnants shall be incorporated in existing or proposed lots, or dedicated to public use if acceptable to the Borough Council.
J. 
Double frontage lots are prohibited except in accordance with § 22-508.2.B. above.
K. 
No residential lots shall be created which front upon an arterial or collector street, as defined in § 22-504.A herein.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
1. 
It is the policy of this Borough that all subdivided lands shall have immediate access to a public street. Because of unique property configuration and location, this Borough recognizes the need for limited exceptions to the foregoing general policy.
2. 
No subdivision will be approved on a private street or road if more than two lots already front on such street or road or if after subdivision more than two lots will front on such private street or road.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
1. 
In order to promote the highest environmental quality possible, the degree to which the applicant of a subdivision or land development plan has preserved existing salient natural features and land forms intrinsic to the site, shall be assessed. Terms of approval of a plat may be subject to the manner in which the layout or design of the plan has preserved existing natural features, such as, but not limited to, trees, wooded areas and water course.
2. 
Open space. Where the applicant is offering for dedication, or is required by ordinance to establish a reservation of open space or preserve an area of scenic or historic importance, a "limit of work," which will confine excavation, earth moving procedures and other changes to the landscape, may be required to ensure preservation and prevent despoilation of the character of the area in open space.
3. 
Tree preservation. Whenever possible, trees shall not be removed unless they are located within the proposed street right-of-way, within the proposed building area, or within utility locations and equipment access areas. In areas where trees are retained, the original grade level shall be maintained, if possible, so as not to disturb the trees.
4. 
Topsoil preservation. All of the topsoil from areas where cuts and fills have been made should be stockpiled and redistributed uniformly after grading. All areas of the site shall be stabilized by seeding or planting on slopes of less than 10% and shall be stabilized by sodding on slopes 10% or more and planted in ground cover on slopes 20% or greater.
5. 
Landscaping. For all multi-family, apartment, office, commercial, and industrial subdivisions or land developments, a landscaping plan shall be provided and shall include sufficient plantings for the required open space, planting strips, screenings, formal gardens, shade trees and natural barriers.
6. 
Buffer planting requirements. Buffer Yard requirements should be as specified in the Borough Zoning Ordinance.
7. 
Preserved landscaping. When there is a conscientious effort to preserve the existing natural integrity and character of a site and where such preservation effectuates areas of woodland and trees comparable to required planting improvements, i.e., landscaping and buffer screening, the plan may be received in lieu of additional landscaping requirements.
8. 
Trees. The planting of trees within the street right-of-way line shall not be permitted. The planting of any trees within the private property of each residential lot shall be at the discretion of the property owner or developer.
9. 
Watercourse Protection. Where a subdivision or land development is traversed by a natural watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage. Such easement shall be in addition to the open space required in Sec. 510.2.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986; and amended by Ord. 761, 2/3/1992, §§ 2-4; by Ord. 783, 10/4/1993, §§ 1, 2; and by Ord. 876, 3/15/1999]
1. 
Areas meeting the criteria for recreation lands as set forth in Part 2, "Definitions," shall be offered for dedication to the Borough, subject to the approval of the Borough Council. A minimum of 1,100 square feet per lot or dwelling unit shall be offered (the land required for recreation space per dwelling unit under the Borough of Emmaus Parks, Recreation and Open Space Plan). Borough Council shall consider the offer relative the following factors:
A. 
The suitability of the size, shape and landform of the tract for appropriate recreational facilities.
B. 
Accessibility.
C. 
Conformity with the parks and recreation element of the Comprehensive Plan.
D. 
Ability of nearby recreation facilities to serve the subdivision and land development.
E. 
If land is not suitable, Council would then impose the cash in lieu provision as stated in § 22-511, subsection (2).
2. 
Cash in lieu of recreation land dedication may be offered, subject to the approval of the Borough Council, as follows:
A. 
The cash in lieu shall be $1,000 per lot or dwelling unit (the estimated value of 1,100 square feet of recreation land) or such other amount that the Borough Council may adopt by ordinance as shall be in effect at the time of payment.
B. 
The use of the monies shall be restricted to the purchase of lands or for recreation or open space accessible to the subdivision or land development, the improvement of said areas, the construction of recreational facilities, parks and other related capital expenditures, as recommended in the Borough's Park and Recreation Plan.
C. 
The monies shall be deposited in an interest bearing, separate trust account established for this purpose by Borough Council.
D. 
Cash in lieu of recreation land dedication shall be deemed as an improvement and subject to the provisions of Section 509 and subsequent sections of the Pennsylvania Municipalities Planning Code.
3. 
Planned residential developments pursuant to Chapter 17 of the codified ordinances of the Borough of Emmaus are exempt.
4. 
All subdivisions and land developments proposing the creation of any new residential dwelling units would be eligible for a one dwelling unit exemption, said exemption applying to a dwelling unit existing on the property prior to the proposal to create any new residential dwelling units only. The fee for the recreation is due and payable upon application for the buildings permits.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986; as amended by Ord. 940, 1/7/2002, § 2]
1. 
General Purpose.
A. 
The Borough Council finds that the minimization of erosion and control of sedimentation in connection with land development and subdivision are in the public interest, affecting public health, safety and welfare, and therefore those regulations governing erosion control and sedimentation control are necessary for the Borough.
B. 
No changes shall be made in the contour of the land, no grading, excavating, removal or destruction to the topsoil, trees or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been processed with and reviewed by the Borough Engineer and/or Lehigh County Soil and Water Conservation District, or there has been a determination by the above entities that such plans are not necessary.
C. 
No subdivision or land development plan shall be approved unless: (1) there has been an Erosion and Sedimentation Control Plan approved by the Borough Council that provides for minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable securities are deposited with the Borough in the form of an escrow guarantee which will ensure installation and completion of the required improvements; or (2) there has been a determination by the Borough Council that a plan for minimizing erosion and sedimentation is not necessary.
D. 
Where not specified in this chapter, measures used to control erosion and reduce sedimentation shall as a minimum meet the standards and specifications of the Soil Conservation Service. The Borough Engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, copies of which are available from the Soil and Water Conservation District.
2. 
Performance Principles. The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:
A. 
Stripping of vegetation, regrading, or other development shall be done in such a way that will prevent all but minor erosion.
B. 
Development plans shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
C. 
Whenever feasible, natural vegetation shall be retained, protected, and supplemented.
D. 
The disturbed area and the duration of exposure shall be kept to a practical minimum.
E. 
Disturbed soils shall be stabilized as quickly as practicable.
F. 
Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.
G. 
The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.
H. 
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be structurally retarded.
I. 
Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.
3. 
Grading for Erosion and Other Environmental Controls. In order to provide suitable sites for building and other uses, improve surface drainage, and control erosion, the following requirements shall be met:
A. 
Streets shall be improved to a mud-free or otherwise permanently possible condition as one of the first items of work done on a subdivision or development. The wearing surface shall be installed in accordance with this section and as approved in the Final Plan.
B. 
Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills, by installation of temporary or permanent drainage across or above these areas.
C. 
Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
D. 
Fills placed adjacent to watercourses shall have suitable protection against erosion during periods of flooding.
E. 
During grading operations, necessary measures for dust control will be exercised.
F. 
Grading equipment will not be allowed to enter into flowing streams. Provisions will be made for the installation of temporary or permanent culverts or bridges.
4. 
Responsibility.
A. 
Whenever sedimentation damage is caused by stripping vegetation, grading or other development, it shall be the collective responsibility of the land developer and subdivider, and of the contractor, person, corporation and other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible.
B. 
Maintenance of all erosion and sedimentation control facilities during the construction and development period is the responsibility of the land developer or subdivider.
C. 
It is the responsibility of any developer or subdivider, and any person, corporation, or other entity doing any act on or across a communal stream, watercourse or swale, or upon the floodplain or right-of-way, to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity to return it to its original or equal condition after such activity is completed.
D. 
The subdivider or land developer shall provide and install, at his expense, in accordance with Borough requirements, all drainage and erosion control improvements (temporary and permanent) shown on the Erosion and Sediment Control Plan.
5. 
Compliance with Regulations and Procedures.
A. 
The Borough Council, in their consideration of all preliminary plans of subdivision and land development, shall condition its approval upon the execution of erosion and sediment control measures as contained in these Sections hereof.
B. 
The installation and design of the required erosion and sediment control measures shall be in accordance with standards and specifications of the Lehigh County Soil and Conservation District.
6. 
Stream Channel Construction. Stream channel construction on watersheds with drainage areas in excess of 1/2 square mile, or in those cases where downstream hazards exist, will conform to criteria established by the Pennsylvania Department of Environment Protection.
[Ord. 551, 6/7/1976; as amended by Ord. 564, 6/20/1977; and as revised by Ord. 675, 11/17/1986; as amended by Ord. 940, 1/7/2002, §§ 2, 3]
1. 
Purpose. The specific purposes of these special provisions are:
A. 
To regulate the subdivision or development of land within any Designated Floodplair. Area in order to promote the general health, welfare, and safety of the community.
B. 
To require that each subdivision lot in floodplain areas be provided with a safe building site with adequate access; and that public facilities which serve such uses be designed and installed to preclude flood damage at the time of initial construction.
C. 
To prevent individuals from buying lands which are unsuitable for use because of flooding by prohibiting the improper subdivision or development of unprotected lands within the designated floodplain districts.
2. 
Abrogation and Greater Restrictions. To the extent that this section imposes greater requirements or more complete disclosure than any other provisions of this chapter, in any respect, or to the extent that the provisions of this section are more restrictive than such other provisions, it shall control such other provisions of this chapter.
3. 
Disclaimer of Borough Liability. The grant of a permit or approval of a plan for any proposed subdivision or land development to be located within any Designated Floodplain Area shall not constitute a representation, guarantee, or warranty of any kind by the Borough or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Borough, its officials, employees or agents.
4. 
Application Procedures and Requirements.
A. 
Pre-Application Procedures.
(1) 
Prior to the preparation of any plans, it is suggested that prospective developers consult with the Pennsylvania Department of Environmental Protection concerning soil suitability when on-site sewage disposal facilities are proposed.
(2) 
Prospective developers shall consult the Soil Conservation Service representative concerning erosion and sediment control and the effect of geologic conditions on the proposed development. At the same time, a determination should be made as to whether or not any flood hazards either exist or will be created as a result of the subdivision or development.
B. 
Preliminary Plan Requirements. The following information shall be required as part of the preliminary plan and shall be prepared by a registered engineer or surveyor:
(1) 
Name of engineer, surveyor, or other qualified person responsible for providing the information required in this section.
(2) 
A map showing the location of the proposed subdivision or land development with respect to any Designated Floodplain Area, including information on, but not limited to, the one-hundred-year flood elevations, boundaries of the Floodplain Area or areas, proposed lots and sites, - fills, flood or erosion protective facilities, and areas subject to special deed restrictions.
(3) 
Where the subdivision or land development lies partially or completely within any Designated Floodplain Area, or where the subdivision of land development borders on a Floodplain Area, the preliminary plan map shall include detailed information giving the location and elevation of proposed roads, public utilities, and building sites. All such maps shall also show contours at intervals of five feet, and shall identify accurately the boundaries of the Floodplain Areas.
(4) 
Such other information as is required by this Subdivision Ordinance.
C. 
Final Plan Requirements. The following information shall be required as part of the final plan and shall be prepared by a registered engineer or surveyor:
(1) 
All information required for the submission of the preliminary plan incorporating any changes requested by the Borough Council.
(2) 
A map showing the exact location and elevation of all proposed buildings, structures, roads, and public utilities to be constructed within any Designated Floodplain Area. All such maps shall show contours at intervals of five feet within the Floodplain Area and shall identify accurately the boundaries of the floodplain areas.
(3) 
Submission of the final plan shall also be accompanied by all required permits and related documentation from the Department of Environmental Protection, and any other Commonwealth agency, or local municipality where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified in advance of the proposed alteration or relocation. The Department of Community Affairs, and the Federal Insurance Administration shall also be notified in advance of any such proposed activity, and proof of such notification shall be submitted in advance of the Planning Commission meeting at which such plan is to be considered.
5. 
Design Standards and Improvements in Designated Floodplain Areas.
A. 
General.
(1) 
Where not prohibited by this or any other laws or ordinances, land located in any Designated Floodplain Area may be platted for development with the provision that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.
(2) 
No subdivision or land development, or part thereof, shall be approved if the proposed development or improvements will individually or collectively, increase the one-hundred-year flood elevation more than one foot at any point.
(3) 
Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any floodway area. Sites for these uses may be permitted outside the floodway area in a Floodplain Area if the lowest floor (including basement) is elevated to the Regulatory Flood Elevation. If fill is used to raise the elevation of a site, the fill area shall extend laterally for a distance of at least 15 feet beyond the limits of the proposed structures and access shall meet the requirements of § 22-513.5.C hereinbelow.
(4) 
Building sites for structures or buildings other than for residential uses shall not be permitted in any floodway area. Sites for such structures or buildings outside the floodway in a Floodplain Area shall be protected as provided for in § 22-513.5.A.(3) above. However, the Borough Council may allow the subdivision or development of areas or sites for commercial and industrial uses at an elevation below the Regulatory Flood Elevation if the developer otherwise protects the area to that height or assures that the buildings or structures will be floodproofed to the Regulatory Flood Elevation.
(5) 
If the Borough Council determines that only a part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.
(6) 
When a developer does not intend to develop the plat himself and the Borough Council determines that additional controls are required to insure safe development, they may require the developer to improve appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.
B. 
Drainage Facilities.
(1) 
Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites.
(2) 
Plans shall be subject to the approval of the Borough Council. The Borough Council may require a primary underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local, county and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.
C. 
Streets and Driveways. The finished elevation of proposed streets and driveways shall not be more than the one foot below the Regulatory Flood Elevation. Profiles and elevations of streets and driveways to determine compliance with this requirement and as required by other provisions of this Subdivision Ordinance shall be submitted with the final plan. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
D. 
Sewer Facilities. All sanitary sewer systems located in any Designated Floodplain Area, whether public or private, shall be flood proofed up to the Regulatory Flood Elevation.
E. 
Water Facilities. All water systems located in any Designated Floodplain Area, whether public or private, shall be flood proofed up to the Regulatory Flood Elevation.
F. 
Other Utilities and Facilities. All other public or private utilities and facilities, including gas and electric, shall be elevated or flood proofed up to the Regulatory Flood Elevation.
[Ord. 717, 9/5/1989, § 1]
1. 
General Conditions.
A. 
All future major subdivisions and land developments within the Borough of Emmaus shall comply with the following landscape ordinance, §§ 22-514 through 22-519, § 22-528, and PennDOT Specifications and Standards.
B. 
Street trees, buffer yards, and other required planting shall be in accordance with other sections of this amendment to the subdivision and land development ordinance and shall supersede any references to landscaping, buffering and street trees in any other existing ordinances.
C. 
Street trees and other required plant material shall not be planted until the finished grading of the subdivision or land development has been completed.
D. 
Plans for proposed planting shall be reviewed by the Borough Planning Commission and approved by the Borough Council.
E. 
All required planting shall be guaranteed for a period of 12 months from the date of planting and shall be alive and healthy as determined by the Borough at the end of the guaranteed period. Should a disagreement arise as to whether the planting is alive and healthy, a qualified nurseryman shall be retained by the Borough at the expense of the developer to make a final determination.
F. 
Where planting is required, it shall be assured by financial security posted with the governing body in an amount equal to the estimated cost of trees and shrubs and planting. Such guarantee shall be released only after passage of the second growing season following planning.
G. 
The developer shall be responsible for plant material provided in accordance with § 22-528(2) for a period of 12 months. Any such tree that dies within the time period shall be removed, including the stump, and replaced by a tree or shrub, similar in size and species, at the expense of the developer.
H. 
All mechanical and electrical equipment not enclosed in a structure shall be fully and completely screened from view from any point in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan review by the Borough Planning Commission and approval by Borough Council.
2. 
Existing Vegetation.
A. 
In cases where natural features existing on the site duplicate or essentially duplicate the requirements of the street tree, buffering, or landscaping provisions of this Part, these requirements may be waived by the Borough Council.
B. 
All subdivisions and land developments shall be laid out in such a manner as to preserve the healthy trees on the site. If trees greater than eight inches in caliper are removed, they shall be replaced by trees of 3 1/2 inches minimum caliper which appear on the recommended plant list as found in § 22-518(5).
C. 
During the construction of any site, trees and shrubs, as defined herein, shall be protected by fencing to insure that there is no encroachment within the area of their dripline by changing grade, trenching, stockpiling of building materials or topsoil, or the compaction of the soil and roots by any motor vehicle unless the following regulations are met:
(1) 
The area of dripline of any tree or group of trees may be encroached up to a maximum of 1/3 of the total area of the dripline provided that an equivalent proportion of the canopy is removed by pruning by a trained arborist.
(2) 
The grade of land within the entire area of dripline shall not be raised more than six inches unless tree wells are constructed around each trunk or group of trunks and aeration pipes are extended out to the edge of the dripline.
(3) 
Tree wells are to be constructed on uncemented stone, or any other suitable material. Such walls shall be a minimum of three feet in diameter or one foot in diameter for each inch in caliper measured 12 inches above natural ground level, whichever is greater.
(4) 
Retaining walls are to be constructed around each tree or group of trees immediately after any grade is lowered within the area of the dripline.
D. 
If any plant material is to be moved, it must be done in accordance with the specifications set forth by the American Association of Nurserymen.
E. 
All diseased or dead trees shall be promptly removed from the site.
3. 
Nursery Stock Specifications.
A. 
Name of Plants. Shall agree with the nomenclature of "Standard Plant Names" as adopted by American Joint Committee on Horticulture Nomenclature, 1942 edition; size and grading standards shall conform to those specified by the American Association of Nurserymen in the latest edition of the "U.S.D.A. Standards of Nursery Stock ."
B. 
Quality. All plants shall be typical of their species or variety; they shall have normal, well developed branches and vigorous fibrous root systems. All plants shall be nursery grown unless otherwise stated; they shall have been growing under the same climate conditions as the Borough for at least two years prior to date of planting. All plants which are found unsuitable in growth or condition or which are not true to name shall be removed and replaced with acceptable plants.
C. 
Measurements. Plants shall be measured as they stand in their natural position. Stock furnished shall be a fair average of the minimum sizes specified or of the range given in the "U.S.D.A. Standards of Nursery Stock." Larger plants cut back to sizes specified shall be accepted.
D. 
Preparation of Plants. All precautions customary in good trade practice shall be taken in preparing plants for moving. All balled and burlapped plants shall be dug to meet or exceed the "U.S.D.A. Standards of Nursery Stock."
E. 
Delivery. Plants shall be packed, transported and handled with utmost care to insure adequate protection against injury.
F. 
Where, in order to achieve the effect established in the planting plan, uniformity of the plant material is desired, the plant material shall be of the same size and age, of the same cultivar, and obtained from the same nursery.
[Ord. 717, 9/5/1989, § 1]
1. 
As a general standard, one tree shall be planted per each 45 linear feet of the perimeter. It is preferred, however, that this required number of trees be planted in an informal arrangement if possible. Approved trees for the perimeter of detention basins shall include the following:
Acer rubrum - Red Maple
Liquidambar styraciflua - Sweet Gum
Nyssa sylvatica - Black Gum
Salix species - Willow
[Ord. 717, 9/5/1989, § 1]
1. 
Screen planting shall be provided along each perimeter of a parking area. No less than 10% of a proposed parking area must consist of buffer areas and islands and must be landscaped and continually maintained.
2. 
Any area for off-street parking or for display; storage, sale, or movement of three or more motor vehicles shall be enclosed, except at entrances or exits, by a compact evergreen hedge not less than four feet in height.
3. 
Where a planted screen is proposed, it shall incorporate the planting of staggered and overlapping evergreen and deciduous shrubs of such species and size as will produce within two growing seasons (May through September) after planting a screen at least four feet higher than the elevation of the adjacent parking area, and of such density as will obscure 75% of the light emitted from automobile headlights on the premises throughout the full course of the year. Where the adjacent land elevation is higher than the parking area elevation, trees and shrubs shall be at least two feet in height, satisfaction of the four-foot requirement notwithstanding. These provisions shall not, however, interfere with the maintenance of clear sight lines at intersections. Where such screening is required, it shall be assured by a performance guarantee posted with the governing body in an amount equal to 20% of the estimated cost of the plantings. Such guarantee shall be released only after passage of the second growing season following planting.
4. 
Parking areas of a twenty-vehicle capacity shall be separated from one another by planting strips not less than 10 feet in width.
5. 
All parking areas shall have at least one tree of two-and-one-half-inch caliper minimum for every five parking spaces in single bays and one tree of two-and-one-half-inch caliper minimum for every 10 parking spaces in double bays. Trees shall be planted in such a manner to afford maximum protection from the sun for parked vehicles. A minimum of (10% of any parking lot facility over 2,000 square feet in gross area shall be devoted to landscaping, inclusive of required trees.
6. 
Plantings shall be able to survive soot and gas fumes. Trees which have low-growing branches, gum or moisture which may drop on vehicles, blossoms, thorns, seeds, or pods which may clog drainage facilities shall be avoided. The plantings chosen should be of sufficient size to be effective the first year they are planted.
7. 
For recommended plants see § 22-519, Subsection 5.
[Ord. 717, 9/5/1989, § 1]
1. 
For all multifamily developments, the following minimum landscaping shall be provided either on lot or within the general open space in addition to all other required street tree, parking and buffer requirements. Any combination of the following shall be required for each dwelling unit:
Either:
one two-inch-caliper shade tree; or
one four-foot to five-foot evergreen tree, or
two flowering trees; or eight two-foot to three-foot shrubs
[Ord. 717, 9/5/1989, § 1]
1. 
General Requirements.
A. 
Street trees and associated planting shall be required for any subdivision or land development as part of the design and construction of:
(1) 
New streets;
(2) 
New sidewalks or pedestrian ways;
(3) 
Existing streets, sidewalks, pedestrian ways, highways, bicycle or other trails or pathways when they abut or lie within the subdivision or land development; and
(4) 
Access driveways to residential developments serving greater than four dwelling units.
B. 
Trees shall be placed in such a position as to minimize conflict with overhead utilities.
C. 
Plant material shall not at maturity obstruct the necessary visibility of traffic control signs or signals, nor obstruct visibility at street intersections or driveway entrances.
D. 
Plant material shall be selected to minimize future maintenance costs, including but not limited to considerations of pruning, tree removal and sidewalk repair.
E. 
Plant material shall not interfere with underground utilities or stormwater management facilities.
F. 
Plant material shall be adaptable to the specific planting site and to achieve the specified design objectives of the plan.
G. 
Plant material shall be spaced to permit the healthy growth of each plant.
H. 
Plant material shall attempt to mitigate adverse microclimate conditions.
2. 
Quantity.
A. 
Street trees generally shall be at intervals not to exceed 25 feet along the street right-of-way as part of a residential or non-residential subdivision or land development, with trees alternating from side to side 50 feet maximum spacing on any one side, or as otherwise specified by the Planning Commission.
B. 
An equivalent number may be planted in an informal arrangement.
3. 
Location.
A. 
Street trees shall be planted opposite each other but shall alternate.
B. 
At intersections, trees shall be located no closer than 30 feet from the intersection of the curb.
C. 
Street trees shall not be closer than:
(1) 
Six feet from the edge of any sidewalks or curb;
(2) 
Ten feet from the edge of any uncurbed cartway or one-story building; or
(3) 
Fifteen feet from any overhead utility lines or two- or more story building;
(4) 
A minimum of one foot off a public street right-of-way or 10 feet off a public sewer or water line unless approved by Borough Council.
4. 
Size.
A. 
Tree caliper at time of planting, as measured six inches above ground level, shall be no less than 2 1/2 inches in both residential and nonresidential areas.
5. 
Approved Plant Material. The following plant material is approved for use within the Borough, provided that the specific site is suitable:
A. 
Large Trees.
(1) 
Acer rubrum — Red Maple.
(2) 
Acer saccharum — Sugar Maple.
(3) 
Fraxinus americana — White Ash.
(4) 
Fraxinus pennsylvania lanceolata — Green Ash.
(5) 
Gleditsia tricanthos inermis — Thornless Honey.
(6) 
Liquidambr styraciflua — Sweet Gum.
(7) 
Phellodendron amurense —Amur Cork Tree.
(8) 
Plantanus acerifolia — London Plane Tree.
(9) 
Quercus alba — White Oak.
(10) 
Quercus Borealis — Red Oak.
(11) 
Quercus Coccinea — Scarlet Oak.
(12) 
Tilia - Linden — All species hardy to the area.
(13) 
Zelkova serrata — Japenese Zelkova.
B. 
Small Trees.
(1) 
Acer ginnala — Amur Maple.
(2) 
Cornus Florida — Flowering Dogwood.
(3) 
Crataegus phaenopyrum — Washington Hawthorn.
(4) 
Gingko Biloba — Gingko (male only).
(5) 
Prunus Kwanzan — kwanzan Cherry.
(6) 
Pyrus calleryana Bradford — Callery Pear.
(7) 
Sophora japonica — Japenese Pagodatree.
**Upon approval of the Borough, other species may be utilized.
6. 
All plant material shall conform to the general specifications listed in § 22-528, Subsection 6.
[Ord. 717, 9/5/1989, § 1]
1. 
Buffer yards are required along two different land uses and along the rear of reverse frontage lots as specified in the Zoning Ordinance either as buffer or screening requirements. Walls, ornamental structures, appropriate plantings, or a combination of these, not less than four feet in height, may be used subject to the specific land use areas involved as noted in the Zoning Ordinance and approved by Borough Council.
2. 
All plant material used shall be a minimum height of four feet at the time of planting and shall usually be planted in a staggered arrangement in order to provide an immediate effect.
3. 
Deciduous and semi-deciduous plants may be used with evergreens to provide color, and a softer, more interesting and natural effect.
4. 
The applicant shall not be required to provide a buffer yard should existing planting, topography, or man-made structures be deemed acceptable for screening purposes by Borough Council .
5. 
The following are plant materials and sizes recommended for buffer yards and screening purposes. The Borough may permit other planting types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed below. All planting material shall meet the standards of the American Association of Nurseryman.
A. 
Canopy Tree (one-and-one-half inch caliper).
(1) 
Acer ginnala — Amur Maple.
(2) 
Acer rubrum — Red Maple.
(3) 
Acer saccharum — Sugar Maple.
(4) 
Fagus grandifolia — American Beech.
(5) 
Fagus sylvatica — European Beech.
(6) 
Fraxinus americana — White Ash.
(7) 
Fraxinus pennsylvania lanceolata — Green Ash.
(8) 
Gingko Biloba — Gingko (male only).
(9) 
Gleditsia tricanthos inermis — Thornless Honey.
(10) 
Liquidamber styraciflua — Sweet Gum.
(11) 
Phellodendron amurense — Amur Cork Tree.
(12) 
Plantanus acerifolia — London Plane Tree.
(13) 
Quercus alba — White Oak.
(14) 
Quercus Borealis — Red Oak.
(15) 
Quercus Coccinea — Scarlet Oak.
(16) 
Sophora japonica — Japenese Pagodatree.
(17) 
Tilia - Linden — All species hardy to the area.
(18) 
Zelkova serrata — Japenese Zelkova.
B. 
Flowering Trees.
(1) 
Amelanchier canadensis — Shade 5-6 feet blow Serviceberry.
(2) 
Cornus Florida — Flowering Dogwood; 5-6 feet.
(3) 
Cornus Kousa — Kousa Dogwood; 5-6 feet.
(4) 
Cornus mas — Carnelian Cherry; 5-6 feet.
(5) 
Crataegus phaenopyrum — Washington Hawthorn; 5-6 feet.
(6) 
Magnolia soulangeana — Saucer Magnolia; 5-6 feet.
(7) 
Malus baccata — Siberian Crab; 1 1/4-1 1/2" caliper.
(8) 
Malus f1oribunda — Japanese Flowering Crab; 1 1/4-1 1/2" caliper.
(9) 
Malus hopa — Hopa Red Flowering Crab; 1 1/4-1 1/2" caliper.
(10) 
Prunus Kwanzan — Kwanzan Cherry; 1 1/4-1 1/2" caliper.
(11) 
Prunus yedoensis — Yoshino Cherry; 1 1/4-1 1/2"caliper.
(12) 
Pyrus calleryana Bradford — Callery Pear; 1 1/4-1 1/2" caliper.
C. 
Evergreens.
(1) 
Ilex opaca — American Holly.
(2) 
Picea abies — Norway Spruce.
(3) 
Picea omorika — Serbian Spruce.
(4) 
Picea pungens — Colorado Spruce and Blue Spruce.
(5) 
Pinus nigra — Austrian Pine.
(6) 
Pinus strobus — White Pine.
(7) 
Pseudotsuga mensiesii — Douglas Fir.
(8) 
Tsuga canadensis — Canada Hemlock.
D. 
Hedge.
(1) 
Cragaegus intricata — Thicket Hawthorn; 3-4 feet.
(2) 
Forsythia intermedia — Border Forsythia; 4-5 feet.
(3) 
Rhamnus frazula columnaris — Tallhedge buckthorn; 3-4 feet.
(4) 
Syringa chinensis — Chinese Lilac; 3-4 feet.
(5) 
Syringa vulgaris — Common Lilac; 4-5 feet.
(6) 
Euonymus alatus — Winged Euonymus; 3-4 feet.
E. 
Hedgerow.
(1) 
Crataegus crus-galli — Cockspur Thorn; 3-4 feet.
(2) 
Crataegus phanenopyrum -- Washington Hawthorn; 3-4 feet.
(3) 
Elaeagnus angustifolia — Russian Olive; 4-5 feet.
(4) 
Euonymus alatus — Winged Euonymus; 3-4 feet.
(5) 
Viburnum sieboldi — Siebold Viburnum; 4-5 feet.
(6) 
Viburnum tomentosum — Doublefile Viburnum; 4-5 feet.
F. 
Evergreen Shrubs.
(1) 
Juniperus virginiana — Upright Juniper; 4-5 feet.
(2) 
Pyracantha laland — Laland Firethorn; 5-6 feet.
(3) 
Taxus capitata — Upright Yew; 2 1/2-3 feet.
(4) 
Taxus hicksi — Hicks Yew; 2 1/2-3 feet
(5) 
Thuja occidentalis — American Arborvitae; 4-5 feet.
G. 
Deciduous Shrubs.
(1) 
Euonymus alatus — Winged Euonumus; 3-4 feet.
(2) 
Hamamelis vernalis — Vernal Witch Hazel; 4-5 feet.
(3) 
Hamamelis virginiana — Common Witch Hazel; 4-5 feet.
(4) 
Ilex verticillata — Winterberry; 4-5 feet.
(5) 
Rhamnus frangula — Glossy Buckthorn; 4-5 feet.
(6) 
Viburnum dentatum — Arrowood Viburnum; 4-5 feet.
(7) 
Viburnum lantana — Wayfaring tree Viburnum; 4-5 feet.
6. 
All plant material shall conform to the general specifications listed in § 22-528, Subsection 6.