Borough of Stroudsburg, PA DESIGN STANDARDS

The subdivision or development shall fully comply with the provisions of the Stroudsburg Borough Zoning Ordinance [Chapter 27] and conform to the Borough Comprehensive Plan.

In addition to the Zoning Ordinance [Chapter 27] and Comprehensive Plan, information for determining and evaluating potential hazards may include references to historical records, soil evaluations, engineering studies, expert opinions, established standards used by licensed insurance companies, and federal, state or local policies such as, but not limited to, established floodplain lines.

All portions of a tract being subdivided shall be taken up in lots, streets, public land, or other proposed uses, so that remnants and land-locked areas shall not be created. The layout of a subdivision shall also be planned with consideration to exiting nearby developments or neighborhoods, so that the development is coordinated in terms of traffic movement, drainage, and other reasonable considerations.

Solar orientation and energy conservation should be encouraged. All developers are required to use recognized solar design principles and features to the greatest extent possible. Such solar principles include the following:

Layout of streets to provide a maximum number of sites with a southern orientation to maximize solar heat gain.

Minimum use of north facing building exposures.

Protection of solar access.

Landscaping to complement use and to promote control in the summer.

Protection of trees.

Shading for summer solar exposures. Application of these principles will enhance passive solar heat gain, enhance active solar heat and photo voltaic electric potentials, as well as making the living environment brighter, airy and in tune with the environment.

Wherever possible, lot lines shall follow municipal and County boundary lines rather than cross them, and reserve strips controlling access to lots, public rights-of-way, public land or adjacent private lands are prohibited.

Land Requirements.

Minimum lot or parcel area and dimensional requirements for residential and nonresidential subdivisions and land developments shall be as set forth in the Stroudsburg Borough Zoning Ordinance [Chapter 27].

In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the minimum required front yard; provided, that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the minimum lot width except in the following situations: on culs-de-sac or courts or street center line curves of less than 150 feet radius where the lot frontage measured at the street right-of-way line shall not be less than 40% of the minimum lot width.

Street or Road Rights-of-Way.

Areas within public or private street or road rights-of-way shall not be included in the calculations of, or used to meet the minimum lot sizes for any proposed residential or nonresidential use.

The minimum required lot area shall generally be designed an plotted as a contiguous area of land not separated or interrupted by permanent drainage or utility rights-of-way or street rights-of-way. Separation or interruption of this required minimum contiguous lot area by drainage or utility rights-of-way or street rights-of-way shall be avoided wherever possible and shall be permitted in all subdivisions and land developments only upon grant of a modification by the Borough Council upon written request by the applicant.

Natural and Historic Feature Preservation. The Planning Commission and the Borough Council shall, at their discretion, require that the design and development of all subdivisions and land developments shall preserve insofar as possible, all natural, scenic, and historic features, which will add attractiveness by providing parks, adequate open space for recreation, light and air by proper distribution of population thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens and for the harmonious development of the Borough. Some of these features are the natural terrain and natural drainage, large trees or groves, watercourses and falls, historic areas and structures, exceptional scenic views and landmarks, and other community assets. Land subject to hazardous conditions such as open quarries, unconsolidated fill, floods, excessive erosion, precipices, and water supply which does not meet state and local adequacy requirements or the U.S. Public Health Service standards, shall not be subdivided until the hazards have been eliminated or overcome by the subdivision and proper construction.

Soil Protection.

If required by regulations of the Department of Environmental Resources, a developer shall submit with the preliminary plan an erosion and sedimentation control plan prepared by a person trained and experienced in erosion and sedimentation control methods and techniques as provided for under Title 25, "Rules and Regulations," Chapter 102, issued by the Department of Environmental Resources. Such plans shall be submitted by the applicant to the Monroe County Soil Conservation District for review and recommendation of the District directors. Three copies of the erosion and sedimentation control plan with any required approval or permit by the appropriate agency shall be submitted to the Borough Planning Commission with the preliminary plan.

In those cases where site grades, concentrations of surface water runoff, etc., exist, the Borough Codes Officer and/or the Borough Engineer may recommend, and the Planning Commission or Borough Council may require that site development plans and stormwater drainage plans be prepared and certified by a registered engineer competent and well versed in stormwater management methods.

Uninhabitable Land. Land subject to flooding or subsidence, hazardous excessive erosion, precipices and land deemed by the Commission or the Borough Council to be uninhabitable for other reasons shall not be plotted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard; but, such land within a plan shall be set aside for such uses as will not be endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions; such land may be incorporated as additional areas in plotted lots.

Water and Wetland Areas. Damming, filling, relocating or other interference with the flow of surface water along any surface water drainage channel or natural watercourse or wetland shall not be permitted except with the approval of the Borough and, where appropriate, the Pennsylvania Department of Environmental Resources.

Water Supply and Sewage Disposal Requirements.

All subdivision and land developments shall be connected to and served by the municipal water supply and sewage systems. Facilities proposed within the development to provide connection to these systems shall be acceptable to the Municipal Authority, Borough Council and Pennsylvania Department of Environment Resources.

Plans and specifications for central water and/or sewage systems shall be prepared by a registered professional engineer well versed in the design of such systems and duly licensed to practice within the Commonwealth of Pennsylvania. A minimum of four complete sets of preliminary plans for such systems shall be submitted to the Planning Commission with the application for review of preliminary plans. A minimum of four complete sets of approved plans and specifications shall be submitted to the Planning Commission with the application for review of the final plan.

Four copies of a completed planning module for land development shall be submitted concurrent with the preliminary plan. The Borough Council will submit copies of the module and necessary documentation to the Pennsylvania Department of Environmental Resources (DER) for review. DER approval of the module and any required Borough Official Sewage Facilities Plan revision or supplement will be required prior to final plan approval.

On-Lot Sewer System. Where connection to a centralized sewer system is not required, on-lot sewer systems shall be constructed in accordance with criteria set forth by the Pennsylvania Department of Environmental Resources. The Borough Engineer's site and soils investigation and favorable report is required prior to unconditional preliminary plan approval. An adequate number of test pits and soil percolation tests, as determined by the Borough Engineer, shall be undertaken to determine the general suitability of soils throughout the subdivision or development for on-lot subsurface sewage disposal.

Stormwater Drainage. The applicant shall furnish three copies of a stormwater drainage plan and associated calculations to the Commission for review and analysis. Said plan shall conform with the requirements of the Pennsylvania Stormwater Management Act (P.L. 864), as amended. Proposed stormwater drainage plans for development throughout the Borough of Stroudsburg shall conform to the standards and requirements for the watershed which the developed is located in. The application shall conform with the requirements of the McMichaels Creek Watershed Stormwater Management Plan or the Brodheads Creek Watershed Stormwater Management Plan until such time as management plans are adopted for other watersheds within the Borough by Borough Council. Following are additional stormwater drainage planning requirements:

Lots shall be laid out and graded to prevent cross lot drainage and to provide possible drainage away from proposed building areas. Natural drainage courses shall be maintained.

If it can reasonably be anticipated that there will be an increase in the flow of water onto the property of some other person as a result of development action, a drainage release shall be submitted with the application. The drainage releases will be obtained, by and at the expense of the applicant, from all property owners over the land additional drainage will flow. All drainage releases shall be notarized and recorded, by and at the expense of the applicant, in the County Office of the Recorder of Deeds.

No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structure on other private properties or public lands, with complete approval of provisions being made by the developer properly handling such conditions, including water runoff impoundments, if necessary.

Storm drainage facilities should be designed not only to handle the anticipated peak discharge from the property being subdivided, but also the anticipated increase in runoff that will occur when all the property at a higher elevation in the same watershed is fully developed.

Where a subdivision is traversed by a watercourse there shall be provided a drainage easement conforming substantially to the line of such watercourse of such width as will be adequate to preserve the unimpeded flow of natural drainage.

Storm sewers, culverts and related installations shall be provided:

To permit unimpeded flow of natural watercourses.

To insure adequate drainage of all low points along the line of streets.

To intercept stormwater run-off along streets at intervals reasonably related to the extent and grade of the area drained.

Storm drainage systems shall be designed separately from any sanitary sewer systems and such storm systems shall be installed in accordance with sound and established engineering practices as determined by the Borough Council. Such storm systems shall be designed to accommodate any storm discharges from the property being subdivided and shall consider run-off which may occur from higher elevations within the same watershed when it is fully developed. Such storm systems shall not overload existing storm drainage systems or create flooding hazards.

Facilities such as bridges, culverts, dams and other drainage facilities affecting the flow of water in a a watershed shall meet the requirements and be approved by any state and/or federal agency having jurisdiction over such facilities.

Easements.

Easements with a minimum width of 10 feet plus the width of any physical improvement, or with the minimum width of any natural swale shall be provided as necessary for utilities and drainage facilities.

Above ground utilities shall be placed along the rear or side lot lines unless they are existing along the street prior to the submission of the preliminary plan to the Borough Manager for Borough Council consideration.

Easements for installation of underground conduits for electric power, telephone and television cable lines shall be provided so that each lot or leased unit can be practically served.

To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.

Where a subdivision is traversed by a 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 well be adequate to preserve natural drainage.

When utility easements are established, the Council may give consideration to the requirements and objectives of the appropriate utility company.

Streets.

Classification of Ownership of Streets. All streets shall be classified as "major," "collector," "local," "nonresidential," or "marginal access" streets as defined herein.

All streets shall be "public streets" suitable for dedication to the Borough except for the following which may be designed as "private streets":

Industrial park, office park or shopping center nonresidential streets, specifically permitted as "private streets" by Borough Council.

Other streets specifically designed and permitted as "private streets" by the Borough Council based on individual consideration in each case of the special factors involved.

In all cases where "private streets" are permitted, responsibility for improvement and continuing maintenance shall be the responsibility of the subdivider and the owner of each abutting parcel and the Borough does not imply any acceptance of responsibility for improvement or maintenance of "private streets."

In all cases where private streets are permitted, a note shall be added to the plan indicating the following:

Who owns the streets.

Who is responsible for construction and for continued maintenance.

(c)

That the Borough has no responsibility for ownership, construction or continued maintenance of said streets.

Design Standards for Streets. Street dimensions and design standards for all streets shall be in accordance with Table 1.

Street System Layout.

Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Borough and they shall further conform to such state, road and highway plans as have been prepared, adopted and/or filed as prescribed by law.

The proposed street layout shall provide for the continuation or projection of existing streets in the surrounding area unless the Borough Council deems such extension undesirable for specific reasons of topography or design.

Streets shall be logically related to the topography to produce usable lots and reasonable grades.

Minor streets shall be laid out to discourage through traffic, but provision for street connections into and from adjacent areas will generally be required.

Proposed streets shall be extended to provide access to adjoining property where necessary.

Adequate street rights-of-way shall be provided as necessary where lots in the proposal are large enough to permit resubdivision, or if a portion of the tract is not subdivided.

(7)

New half or partial streets or new alleys will not be permitted, except where essential to reasonable subdivision of a tract in conformance with other requirements, and standards contained herein and where, in addition, satisfactory assurance for dedication of the remaining part of the street or alley can be secured.

(8)

Wherever a tract to be subdivided borders an existing half or partial street, the other part of the street shall be plotted within such tract.

(9)

Dead-end streets shall be permitted only when they are designed as stubs for temporary use to permit future street extension into adjoining tracts, or when they are designed as culs-de-sac to serve residential areas.

(10)

New reserve strips, including those controlling access to streets, shall be prohibited.

Street Intersections.

Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 50°.

Multiple intersections involving 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.

Clear sight triangles shall be provided at all street intersections within which no obstruction to vision shall be permitted between a height of two to 10 feet above the center line grade of each street. Such clear sight triangles shall be established from the point of intersection of the center lines of the intersecting streets for a distance of 75 feet where both streets are local streets, 100 feet where one or both streets are collector, and 150 feet where one or both streets are major streets.

To the fullest extent possible, intersections with major traffic streets shall be located not less than 800 feet apart, measured from center line to center line.

Two streets intersecting a third street from opposite sides shall be laid out directly opposite one another or with a minimum center line off-set of 125 feet when all streets are local streets, or with a minimum center line off-set of 300 feet when one or more of the streets is a collector street or a major traffic street.

Minimum curb radii at street intersections shall be 15 feet for intersections involving only local streets, 35 feet for intersections involving collector streets and 50 feet for intersections involving major traffic streets.

(7)

Where the grade of any street at the approach to an intersection exceeds 7%, a leveling area shall be provided having not greater than 5% grades for a distance of 35 feet measured from the nearest right-of-way lines of the intersecting street.

Uses Fronting on Major Streets.

Service Streets. Where a subdivision fronts or abuts a major street as defined in Part 8, the Borough Council may require any of the following measures:

A service street approximately parallel to the major street at a distance suitable for the appropriate use of the intervening land.

Marginal access street, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major street and separation of local and through-traffic.

Controlled Access. Driveway and parking lot entrances and exits to nonresidential subdivisions from a major street shall be designed so as not to interfere with through traffic. In general, such entrance and exit points shall not be located closer to one another than 200 feet except when such entrance or exit points are one-way in or out, in which case they may be located no closer than 100 feet to one another. Such entrances or exists shall not exceed 24 feet in width at any such point.

Other Utilities.

A plan for providing all necessary utility services to the proposed subdivision and land development shall be prepared by the developer in cooperation with the appropriate public utility companies and governmental agencies.

Fire hydrants shall be required throughout the Borough. Spacing of hydrants shall be such that no residential structures shall be farther than 500 feet and no nonresidential structure shall be farther than 400 feet from a hydrant and shall be reviewed by the Fire Chief of the Borough. Additional standards published by the Insurance Services Office of Pennsylvania may also be applied by the Borough Council.

In accordance with a Pennsylvania Public Utility Commission order of July 8, 1970, all electric utility distribution lines shall be installed underground in subdivisions or land developments of five or more dwelling units. Wherever practicable, telephone and cable TV utilities shall also be installed underground.

Wherever practicable, in accordance with good engineering practice, utility easements and trenches shall be occupied jointly by compatible utilities.

All public and/or private utilities and facilities, including gas and electric, shall be elevated or floodproofed up to the regulatory flood elevation.

§ 22-503 Residential Design Standards.

[Ord. 714, 11/13/1991, § 503]

Application. All subdivision and land developments proposed for residential use shall conform with the provisions of this section.

Blocks.

Residential blocks shall not normally be less than 400 feet in length nor exceed 800 feet in length.

Blocks normally shall be of sufficient width to permit two tiers of lots except where access is limited by virtue of adjoining arterial or connector streets or by virtue of topographic limitations.

Lots. The minimum lot sizes, lot widths and yard requirements shall be as set forth in the Stroudsburg Borough Zoning Ordinance [Chapter 27] and further shall conform to the following:

All lots shall front on a public street or on a private street approved under provisions of this chapter and constructed in accordance with the standards of this chapter.

Side lines of lots shall be at right angles to straight streets and on radial lines to curved streets. At the discretion of the Commission some variation from this rule will be permitted but pointed or very irregular lots shall be avoided.

Double frontage lots shall ordinarily not be platted.

If remnants of land other than rights-of-way or buffer strips exist after subdividing, they shall be incorporated in existing or proposed lots unless proposed and suitable for common open space or recreation uses.

The building site on each residential lot shall be accessible from the existing or proposed street by means of a driveway or private access drive having a maximum grade of 15%.

Pedestrian interior crosswalks may be required where necessary to assist circulation or provide access to community facilities. Such crosswalks shall have a right-of-way width of not less than 10 feet and a paved walk of not less than four feet.

Cul-de-Sac Streets.

Cul-de-sac streets, permanently designed as such, within residential developments shall not exceed 800 feet in length. The length of a cul-de-sac street shall be measured from the point of center line intersection with an approved through road that has an alternate access to an existing public road to the center line point of radius of the cul-de-sac turnaround curve.

Cul-de-sac streets shall terminate in a circular right-of-way with a minimum diameter of 120 feet, and 100 feet diameter to the outer pavement edge or curb line.

The circular right-of-way of the cul-de-sac shall be connected to the approach right-of-way by an easement arc having a radius of not less than 30 feet.

The circular paving of the cul-de-sac shall be connected to the approach paving any an easement arc having a radius of not less than 40 feet.

The Borough recognizes that geometric configurations other than that set forth in the subsections above may function satisfactorily and, upon recommendation of the Planning Commission, will consider a request for a modification of the requirements under appropriate circumstances.

Off-Street Parking. Every type of residential land development or subdivision shall provide for off-street parking space as required in the Stroudsburg Borough Zoning Ordinance [Chapter 27].

Driveways. Driveways and location of their access points to public streets and shall be subject to review and permit by the Borough and, where applicable by the Pennsylvania Department of Transportation through issuance of a highway occupancy permit.

Private Access Drives. Private access drives may be utilized to provide access to residential lots in a minor subdivision which does not abut or have frontage on a public or approved private road. A private access drive may serve a maximum of two dwelling units. Private access drives shall have a minimum right-of-way width of 20 feet. A private access drive shall not exceed 500 feet in length or 15% in grade. Use of private access drives shall be avoided whenever possible in major subdivisions and only permitted upon grant of a waiver by the Borough upon written request by the applicant.

Setbacks or Yards. Minimum yards as set forth in the Borough Zoning Ordinance [Chapter 27] shall be provided for all single-family and two-family residential lots.

§ 22-504 Commercial and Industrial Development Standards.

[Ord. 714, 11/13/1991, § 504]

Application. All commercial and industrial subdivisions and developments shall conform with the Schedule of Required Improvements, Table 6-1, and the requirements of the Borough Zoning Ordinance [Chapter 27].

Size. Approval of lot or parcel size will be determined by the following factors:

Requirements of the Stroudsburg Borough Zoning Ordinance [Chapter 27].

The total lot area shall be sufficient to provide adequate space for required yards, proposed buildings, off-street parking and loading, landscaping, sewer and water systems, and other facilities; but in no case less than required by the Zoning Ordinance [Chapter 27].

Whenever possible, commercial parcels should include enough land to, provide for a group of commercial establishments, planned developed, and operated as a unit. Narrow, highway ribbon developments should be avoided.

Street System.

Traffic movements in and out of commercial and industrial areas should not interfere with external traffic, nor should it create hazards for adjacent residential areas. The plan shall indicate ingress and egress points to existing public roads in conformance with Pennsylvania Department of Transportation regulations and standards.

The design of streets, service drives and pedestrian ways should provide for safe and hazard free internal circulation.

Streets and service drives shall be designed in accordance with Table 5-1 and § 22-502, Subsection 8, of this chapter.

Block Layout. Block layout shall conform with due consideration of site conditions, best possible sewer and water system service, traffic parking circulation, and pick-up and delivery services. In no case shall block length be less than 800 feet.

Off-Street Parking. Adequate off-street parking shall be provided in conformance with the Stroudsburg Borough Zoning Ordinance. [Chapter 27].

Setbacks. Minimum yards or setbacks for all commercial and industrial development shall be as set forth in the Borough Zoning Ordinance [Chapter 27]. Additional yard widths and buffer strips and screening may be required by the Commission and Borough Council in cases where deemed appropriate and necessary to protect adjacent development.

§ 22-505 Recreation, Common Open Space, and In-Lieu Fees.

[Added by Ord. No. 1117, 12/21/2021]

Purposes.

To provide adequate open spaces, recreational lands, and recreational facilities to serve new inhabitants of new developments, for both active and passive recreation.

To recognize and implement the Stroud Area Regional Open Space and Recreation Plan, the Eastern Monroe County Active Transportation Plan, and other facilities identified by resolution of the Borough Council.

General Provisions.

Authority. In conformance with the State Municipalities Planning Code, 53 P.S. § 10101 et seq., this § 22-505 requires the public dedication of land suitable for parkland, noncommercial recreational uses, preserved open space and the construction of recreational facilities. Upon agreement of the Borough Council, any of the following alternatives may be approved by the Borough Council in lieu of public dedication of land, as specified in this § 22-505:

Payment of recreation fees. (See § 22-505, Subsection 3A, when fee is required.)

Construction of recreation facilities.

Dedication of recreation land or preserved open space to a homeowners' association or other responsible entity preapproved by the Borough.

A combination of these alternatives.

Applicability and Exemption.

Applicability. This § 22-505 shall apply to any subdivision for which a preliminary plan or a combined preliminary/final plan and any land development for which a plan is submitted after the enactment date of this amendment.

Exemption. This § 22-505 shall not apply to plans that the Borough Council determines only involve adjustments or corrections to an approved preliminary plan or a preliminary plan that was before the Borough for consideration as of the effective date of this § 22-505, provided the adjustments do not increase the number of proposed dwelling units or involve a new principal nonresidential building.

Application Information. The applicant shall submit the following with the subdivision or land development plan:

A description of the anticipated population characteristics of the future occupants of the development, such as likely age groups.

The method by which the applicant wishes to comply with the requirements of this § 22-505, such as payment of recreation fees, dedication of public recreation land, dedication of land to a homeowners' association, construction of recreational facilities or another method.

Land or Fee Description. The preliminary and final plans shall contain a sheet depicting the land proposed for use in meeting common open space requirements, or a note stating that the applicant proposes to pay fees-in-lieu of land. The plan shall also describe any improvements or facilities that the applicant proposes to make to the land.

Planning Commission and Parks and Recreation Department Review. The proposal for common open space, installation of recreation facilities and/or fees shall be offered for review by the Borough Planning Commission and the Borough Parks and Recreation Department or regional equivalent. The Borough Council may require changes to the proposal for common open space and/or fees in compliance with this § 22-505. If an applicant does not prove compliance with this § 22-505 or refuses to dedicate common open space where the Borough Council does not agree to fees-in-lieu of land dedication, the Borough Council shall have grounds to deny approval of the submission.

Land Dedication. Any subdivision or land development regulated under this § 22-505 shall be required to dedicate the specified amount of common open space unless the payment of recreation fees-in-lieu of land are approved by the Borough Council.

Dedication Required. The development of the type listed below shall be required to dedicate land and/or construct recreation improvements. However, if the applicant decides to pay the required fee, then the dedication of common open space and/or constructing recreation improvements shall not be required.

Development of any parcel with three or more dwelling units.

The construction of or addition to a nonresidential building other than an accessory building.

Residential - Amount of Common Open Space. The minimum amount of common open space required for each permitted new dwelling unit in a residential subdivision or land development shall be 1,000 square feet.

Nonresidential - Amount of Common Open Space. The minimum amount of common open space required for the construction of or addition to a nonresidential building other than an accessory building shall be 100 square feet per the anticipated maximum number of employees on the largest shift calculated using the schedule of floor space per worker for the type of nonresidential use. The schedule shall be adopted and updated by resolution of Borough Council as part of the Borough fee schedule.

Other Requirements. Any required land dedication or fees under this § 22-505 shall be in addition to any land dedication or improvement requirements of any other Borough ordinance.

Fees. If it is determined that a proposed subdivision or land development is required to pay fees-in-lieu of dedicating open space, this fee shall be as established by the Borough fee schedule, which may be updated by resolution of the Borough Council. The fee is based upon the fair market value of comparable undeveloped land, as reflected in the Borough fee schedule. (See § 22-505, Subsection 3A, when fee is required.)

Limitations on Use of Fees.

Separate Account. Any fees collected under this § 22-505 shall be placed within an interest-bearing account and shall be accounted for separately from other Borough funds. Such account shall be controlled by the Borough, and its interest shall become funds in that account.

Accessibility of Facilities. To ensure that the lands and facilities are accessible to the inhabitants of the developments that paid fees towards their cost, such fees shall be used in the Borough.

Use of Fees. Such fees shall only be used for acquiring, operating, or maintaining park or recreational facilities.

Priority Facilities. Unless the Borough identifies fees for a different set of facilities or recreation area, priority shall be given to the facilities identified in the Stroud Area Regional Open Space and Recreation Plan and the Eastern Monroe County Active Transportation Plan.

Timing of Residential Fee Payment. Fees required for all of the dwelling units shall be paid prior to the recording of the final plan, except as follows:

Development Agreement. If the required fee would be greater than $2,000, and the applicant and the Borough agree to provisions in a binding development agreement to require the payment of all applicable recreation fees prior to the issuance of any building permits within each clearly defined phase or subphase of the development, then fees are not required to be paid prior to recording of the final plan but may instead be paid within the requirements of that development agreement.

Installments. If the applicant agrees to pay such fees in installments, then all such fees shall not be considered to be paid for the purposes of any applicable time limitations for utilization under the State Municipalities Planning Code until all such fees are paid in full, including all installments and phases.

Timing of Nonresidential Fees. Fees required for any nonresidential subdivision or land development shall be paid prior to the recording of the final plan of a subdivision or final approval of a land development, whichever occurs first, except as follows:

Lot by Lot. If the applicant establishes a legally binding mechanism acceptable to the Borough Solicitor, the fees for lots in a nonresidential subdivision may be paid prior to the time a land development plan is approved for each lot, as opposed to at the time an entire subdivision is approved.

Nonresidential Building. Where fees are paid at the time of a nonresidential subdivision approval and the applicant does not know the size of the building that will be developed, then the building floor area shall be based on the amount of maximum building coverage permitted in the district. (For example, a 20,000 square foot lot would be assumed to have a building floor area of: 20,000 square feet x 80% maximum building coverage = 16,000 square feet.)

Decision on Land vs. Fees. The Borough reserves the right to determine, on a case-by-case basis, whether dedication of land or the payment of an in-lieu fee is preferable. If the applicant does not propose dedicating common open space that meets Borough requirements or if the Borough Council and applicant agree to the payment of fees, then the payment of recreation fees shall be required instead of land dedication. It is desirable to reach a tentative agreement on whether land or fees shall be required at the sketch plan stage, although the formal decision shall be made during the review of the first official plan submission. The Borough should, at a minimum, consider the following in this decision:

Public Purpose. Whether the land in that location would serve a valid public purpose.

Addition to Existing Facility/Area. Whether there is potential to make a desirable addition to an existing public or school district recreation facility or area.

Planning Objectives. Whether the proposed land would meet the objectives and requirements of this § 22-505 and any relevant policies of the Borough Comprehensive Plan or the Stroud Area Regional Open Space and Recreation Plan.

Need and Access. Whether the area surrounding the proposed development has sufficient existing recreation and open space land, and whether it is possible for pedestrians and bicyclists to reach those lands.

Recommendations. Any recommendations that may be received from the Borough Planning Commission, Borough Recreation Department, the Borough Engineer, any regional open space committee, or the school board or school district staff.

Common Open Space and Recreation Land to be Dedicated.

Suitability. Land required to be dedicated shall be suitable for its intended purpose, in the determination of the Borough Council. The applicant shall state what improvements, if any, are proposed to make to the land suitable for its intended purpose, such as grading, landscaping, or development of trails.

Such land shall be free of construction debris at the time of dedication.

Lands intended for active recreation shall be well drained, less than 6% slope, and free of wetlands.

To the maximum extent feasible, common open space shall be linked with existing or future open space in the vicinity.

To the maximum extent feasible, common open space shall be linked with homes within a residential development by paths, trails, or easements.

Recreation facilities shall be designed to meet applicable regulations under the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq.

On areas that are not intended for active recreation, where existing attractive natural vegetation does not exist and/or will not be retained, the applicant shall plant trees and shrubs on the common open space according to a landscaping plan submitted with the final plan.

(7)

An applicant shall not be permitted to dedicate an amount of common open space that is too small to be useful for recreation, even in combination with recreation fees.

Common Open Space. Common open space shall meet all of the following requirements:

It is suitable for active or passive recreation by residents of a development or the general public, except where the Borough may specifically allow preserved open space to be privately owned.

It includes legally binding protection to prevent future development and subdivision, in perpetuity, such as a conservation easement and/or deed restriction.

An appropriate system is established to ensure proper maintenance and oversight of the land.

The following areas shall not be used to meet the minimum common open space requirements:

Areas with a width of less than 50 feet.

Existing or future street rights-of-way.

(c)

Stormwater detention basins, except for areas that an applicant proves will be a scenic asset or will be suitable for recreation during the vast majority of the year.

(d)

Areas within 30 feet of an overhead electric transmission tower with a capacity of 35 kilovolts or greater.

Ownership. Required common open space shall be dedicated to the Borough, unless the Borough Council agrees to accept a dedication to any of the following: the school district, Monroe County, the Pennsylvania Bureau of State Parks, the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission, a homeowners' association, a single property owner in the case of agricultural land or an environmental organization acceptable to the Borough Council. In the case of a rental development, the Borough may permit the common open space to be retained by the owner of the adjacent buildings.

If required common open space is to be owned by a homeowners' association, the developer shall be required to establish such association in a form that requires all property owners within the development to annually contribute to the maintenance of the common open space.

Any homeowners' association agreements regarding required common open space shall be subject to acceptance by the Borough Council, based upon review by the Borough Solicitor. The provisions of § 705(f) of the State Municipalities Planning Code, 53 P.S. § 10705(f), should serve as a model for such agreement.

Where another form of ownership is not practical, the Borough Council may permit the required open space to be added onto a privately owned lot, provided a permanent conservation easement protects the open space from development.

The Borough Council may require that the required common open space be dedicated to the Borough, as opposed to a private entity. The Borough Council shall not be required to accept dedication of any open space.

Deed Restrictions/Conservation Easements. Common open space shall be protected from future development and subdivision by a permanent conservation easement or deed restriction enforceable by the Borough Council. Such restriction may also be enforceable by other parties. Such restrictions shall prohibit the construction of any buildings, except buildings for noncommercial recreation or that are necessary to support maintenance of the open space.

Priority Dedication. Priority shall be given to dedication of land that would:

Add to existing public schools and public parks; or

Preserve woods, steep slopes or other important natural features or land along a creek or river; or

Be suitable for centralized active recreation; or

Connect to open space areas through greenways; or