[Ord. 621, 11/24/1987]
1.
The standards and requirements contained in this Part are intended
as the minimum for the promotion of the public health, safety, and
general welfare and shall be applied as such by the Borough Planning
Commission and Borough Council in reviewing all subdivision plans.
2.
Whenever other Borough regulations impose more restrictive standards
and requirements than those contained herein, such other regulations
shall prevail; otherwise, the standards and requirements of these
regulations shall apply.
3.
This Part is adopted to implement the goals and objectives of the
Oxford Borough Comprehensive Plan.
4.
Land subject to hazards to life, health, or property, such as may
arise from fire, floods, disease, or other causes, shall not be subdivided
for building purposes unless such hazards have been eliminated or
unless the subdivision plan shall show adequate safeguards against
them which shall be approved by the appropriate regulatory agencies.
5.
Subdivision plans shall give due recognition to the official plans
of the Borough or to parts of the official plans which have been adopted
by statute.
[Ord. 621, 11/24/1987; as amended by Ord. No. 962-2023, 11/20/2023]
1.
General Standards.
A.
The location and width of all streets shall conform to the Official
Map or to such parts thereof as may have been adopted by the Borough.
B.
The proposed street system shall extend existing or recorded streets at the same width as the existing or recorded streets if these streets meet the standards of Subsection 3A. If the existing or recorded streets do not meet the standards of Subsection 3A, the proposed street extensions shall meet the standards of Subsection 3A.
C.
Where, in the opinion of the Borough Planning Commission, it is desirable
to provide for street access to adjoining property, streets shall
be extended by dedication to the boundary of such property.
D.
Streets shall be designed according to the function they are to serve.
E.
New minor streets shall be so designed as to discourage through traffic,
but the subdivider shall give adequate consideration to provision
for the extension and continuation of major and collector streets
into and from adjoining properties.
F.
Where a subdivision abuts an existing street of improper width or
alignment, the Borough Planning Commission may require the dedication
of land sufficient to widen the street or correct the alignment.
G.
Private streets, streets not to be offered for dedication, are prohibited
unless they meet the design standards of these regulations.
2.
Partial and Half Streets. New half or partial streets will not be
permitted.
3.
Street Widths.
A.
Minimum street right-of-way and cartway widths, as described and
shown on the Official Map or Comprehensive Plan, shall be as follows:
|
Street Type
|
Required Width
(feet)
| |
|---|---|---|
|
Minor Street
| ||
|
Right-of-way
|
50
| |
|
Cartway — if parking on both sides
|
34
| |
|
Cartway — if parking on one side
|
30
| |
|
Collector Street
| ||
|
Right-of-way
|
60
| |
|
Cartway
|
36
| |
|
Arterial Street
| ||
|
Right-of-way
|
See Note (1)
| |
|
Cartway
|
See Note (2)
| |
|
Permanent Cul-de-sac
| ||
|
Right-of-way
|
50
| |
|
Cartway — if parking on both sides
|
34
| |
|
Cartway — if parking on one side
|
30
| |
|
Marginal Access Street
| ||
|
Right-of-way
|
See Note (2)
| |
|
Cartway
|
26
| |
|
Service Street
| ||
|
Right-of-way
|
34
| |
|
Cartway
|
24
| |
|
Notes:
| ||
|---|---|---|
|
(1)
|
As specified in the Official Map or Comprehensive Plan or as
determined after consulting with the Borough, the County Planning
Commission and the Pennsylvania Department of Transportation.
| |
|
(2)
|
Variable, depending on the width of the adjacent right-of-way,
but not less than 50 feet.
| |
B.
Additional right-of-way and cartway widths may be required by the
Borough Planning Commission for the purpose of promoting the public
safety and convenience or to provide parking in commercial and industrial
areas and in areas of high-density residential development.
4.
Restriction of Access.
A.
Whenever a subdivision abuts or contains an existing or proposed
street with an ultimate right-of-way of 80 feet or more, the Borough
Planning Commission may require restriction of access to the major
street by:
(1)
Provision of reverse-frontage lots.
(2)
Provision of service streets along the rear of the abutting
lots, together with prohibition of private driveways intersecting
arterial streets.
(3)
Provision of marginal access streets, provided that the reserve
strips establishing such marginal access streets shall be definitely
placed within the jurisdiction of the Borough under an agreement meeting
the approval of the Borough.
5.
6.
Horizontal Curves.
A.
Whenever street lines are deflected in excess of 2°, connection
shall be made by horizontal curves.
C.
A tangent of at least 100 feet shall be introduced between all horizontal
curves on collector and arterial streets.
D.
The combination of the minimum radius and maximum grade shall be
prohibited.
8.
Intersections.
A.
Streets shall intersect as nearly as possible at right angles, and
no street shall intersect another at an angle of less than 60°
nor more than 120°.
B.
No more than two streets shall intersect at the same point.
C.
Streets intersecting another street shall either intersect directly
opposite to each other or be separated by at least 150 feet between
center lines, measured along the center line of the street being intersected.
D.
Intersections shall be approached on all sides by a straight leveling
area, the grade of which shall not exceed 4%, within 50 feet of the
intersection of the nearest right-of-way lines.
E.
Intersections with major streets shall be located not less than 1,000
feet apart, measured from center line to center line, along the center
line of the arterial street.
G.
Street right-of-way lines shall be parallel to or concentric with
curb arcs at intersections.
9.
Sight Distances at Intersections.
A.
Clear-sight triangles shall be provided at all street intersections.
Within such triangles no vision-obstructing object shall be permitted
which obscures vision above the height of 30 inches and below 10 feet
measured from the center-line grade of intersecting streets. Such
triangles shall be established from a distance of 50 feet from the
point of intersection of the center lines, except that clear-sight
triangles of 150 feet shall be provided for all intersections with
arterial streets.
B.
Wherever a portion of the line of such triangles occurs behind (i.e.,
from the street) the building setback line, such portion shall be
shown on the final plan of the subdivision and shall be considered
a building setback line.
10.
Cul-de-sac Streets.
A.
Dead-end streets are prohibited unless designated as cul-de-sac streets
or designed for future access to adjoining properties.
B.
Any street dead-ended for access to an adjoining property or because
of authorized stage development shall be provided with a temporary,
all-weather turnaround within the subdivision, and the use of such
turnaround shall be guaranteed to the public until such time as the
street is extended.
C.
Cul-de-sac streets permanently designed as such shall not exceed
500 feet in length and shall not furnish access to more than 20 dwelling
units.
D.
Cul-de-sac streets permanently designed as such shall be no less
than 250 feet in length.
E.
Unless future extension is clearly impractical or undesirable, the
turnaround right-of-way shall be placed adjacent to the tract boundary
with sufficient additional width provided along the boundary line
to permit extension of the street at full width.
F.
All cul-de-sac streets, whether permanently or temporarily designed
as such, shall be provided at the closed end with a fully paved turnaround;
minimum radius to the pavement edge or curbline shall be 50 feet,
and minimum radius of the, right-of-way line shall be 60 feet. The
sidewalk area within the right-of-way line should conform to the straightway
portion of the street and the curvature of the street.
G.
Drainage of cul-de-sac streets shall preferably be towards the open
end. If drainage is toward the closed end, it shall be conducted away
in an underground storm sewer system.
H.
The center-line grade on a cul-de-sac street shall not exceed 7%
and the grade of the diameter of the turnaround shall not exceed 5%.
11.
Street Names.
A.
Proposed streets which are in direct alignment with other streets
already existing and named shall bear the names of the existing streets.
B.
In no case shall the name of a proposed street duplicate an existing
street name in the Borough and in the postal district, irrespective
of the use of the suffix "street," "road," "avenue," "boulevard,"
"drive," "way," "place," "court" or "lane."
C.
All street names shall be subject to the approval of Borough Council
and the postmaster having jurisdiction.
12.
Service Streets (Alleys).
A.
Service streets are prohibited in subdivisions for single-family
detached residences, except where required to avoid direct driveway
access to arterial streets.
B.
Service streets may be permitted in other types of residential development,
provided that the subdivider produces evidence satisfactory to the
Borough Planning Commission and Borough Council of the need for such
service streets, and provided that such are not the primary means
of access.
C.
Where permitted, service streets in residential developments shall
have a minimum paved width of 24 feet, except that where service streets
serve dwellings on only one side, the Borough Council may permit a
paved surface of not less than 12 feet.
D.
Except where other adequate provision is made for off-street loading
and parking consistent with the use proposed, service streets shall
be required in commercial and industrial districts and shall have
a minimum paved width of 24 feet.
E.
Dead-end service streets shall be avoided, but where this proves
impossible, dead-end service streets shall be terminated with a paved
circular turnaround with a minimum radius to the outer pavement edge
(curbline) of 50 feet.
F.
Service street intersections and sharp changes in alignment shall
be avoided, but where necessary, corners shall be rounded or cut back
sufficiently to permit safe vehicular circulation.
[Ord. 621, 11/24/1987; as amended by Ord. 789, 6/19/2006,
§ 1; by Ord. No. 962-2023, 11/20/2023]
1.
Layout. The length, width and shape of blocks shall be determined
with due regard to:
2.
Length.
A.
Blocks shall have a minimum length of 1,600 feet and a minimum length
of 500 feet; provided, however, that Borough Council may decrease
the maximum or minimum lengths of blocks if in the opinion of Council
the topography of the land in question or surface water drainage conditions
warrant such a decrease.
B.
In the design of blocks longer than 1,000 feet, special consideration
shall be given to the requirement of satisfactory fire protection.
C.
Where practicable, blocks along major and collector streets shall
not be less than 1,000 feet long.
3.
Crosswalks.
4.
5.
Block Depth. Residential blocks shall be of sufficient depth to accommodate
two tiers of lots, except where reverse frontage lots are required
along arterial and collector streets, or where prevented by the size,
topographical conditions, or other inherent conditions of property,
in which case the Borough Planning Commission may approve a single
tier of lots.
6.
Commercial and Industrial Blocks. Blocks in commercial and industrial
areas may vary from the elements of design detailed above if required
by the nature of the use. In all cases, however, adequate provision
shall be made for off-street parking and loading areas as well as
for traffic circulation and parking for employees and customers.
[Ord. 621, 11/24/1987]
1.
General Standards.
A.
The size, shape, and orientation of lots shall be appropriate for the type of development and use contemplated and in accordance with the provisions of the Borough Zoning Ordinance [Chapter 27].
B.
Side lot lines shall be at right angles to straight street lines
or radial to curved street lines.
C.
Where feasible, lot lines shall follow municipal boundaries rather
than cross them, in order to avoid jurisdictional problems.
D.
The depth of residential lots shall be not less than one nor more
than three times their width.
E.
Depth and width of parcels intended for nonresidential uses shall
be adequate for the use proposed and sufficient to provide satisfactory
space for on-site parking, loading and unloading, setbacks, and landscaping.
G.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra-width line, and all setbacks shall
be measured from such line.
2.
Lot Frontage.
A.
All lots shall have direct access to an existing or proposed public
street or to a private street if it meets the requirements of these
regulations.
B.
Double- or reverse-frontage lots shall be avoided except where required
to provide separation of residential development from arterial and
collector streets or to overcome specific disadvantages of topography
or orientation.
C.
All residential reverse-frontage lots shall have a rear yard with
a minimum depth of 75 feet, measured in the shortest distance from
the proposed dwelling unit to the ultimate right-of-way, and shall,
within such rear yard and immediately adjacent to the right-of-way,
have a planting screen easement of at least 10 feet in width, across
which there shall be no right of access.
[Ord. 621, 11/24/1987; as amended by Ord. 789, 6/19/2006,
§ 1]
[Ord. 621, 11/24/1987; as amended by Ord. 810, 12/17/2007]
[Ord. 621, 11/24/1987]
1.
Each property shall connect with the Borough water system.
2.
The water distribution system shall be designed to furnish an adequate
supply of water to each lot, with adequate main sizes and fire hydrants
located to meet the specifications of the Middle Department Association
of Fire Underwriters. A copy of approval of such system by the appropriate
public agency or utility company shall be submitted with the final
plan. Suitable agreement shall also be established for the ownership
and maintenance of such distribution system.
[Ord. 621, 11/24/1987; as amended by Ord. 810, 12/17/2007;
and by Ord. 880, 6/9/2014]
Stormwater management facilities shall be designed, constructed and installed in accordance with the terms of the Stormwater Management Ordinance, Chapter 19 of the Code of the Borough of Oxford, as amended.
[Ord. 621, 11/24/1987; as amended by Ord. 636, 5/23/1989,
§ 1-6; by Ord. 758, 7/21/2003; by Ord. 810, 12/17/2007;
by Ord. 894, 4/11/2016; by Ord. No. 962-2023, 11/20/2023]
1.
Open Space and Recreation Lands and Facilities: Residential Applications.
A.
The standards and requirements of this section shall apply to any major subdivision or and land development, as those terms are defined by this section, proposed for residential purposes, except where such subdivision or land development is required to provide common open space under terms of the Borough Zoning Ordinance [Chapter 27], in which case the requirements of that chapter shall govern.
B.
In reviewing a sketch plan or preliminary plan, the Borough Planning
Commission and the applicant shall consider the needs of the prospective
residents for recreation lands and facilities, and shall discuss their
findings in relation to the requirements of this section as they deem
necessary. In meeting the requirements of this section, the applicant
shall demonstrate that particular attention will be paid to the need
for active recreational opportunities, whether on-site or off-site.
C.
Any preliminary plan shall demonstrate a proposed means of complying with the requirements of this section. In its review of the preliminary plan, Borough Council, upon recommendation of the Planning Commission, shall determine whether land and facilities and/or a fee in lieu of land and facilities will best meet the Borough's objectives for active opportunities or, as specified in Subsection 1D, below, other open space areas.
D.
Borough Council may determine that land within the tract that meets
other objectives can satisfy some or all of the requirements of this
section. It shall be the burden of the applicant to demonstrate why
such land is a suitable alternative to active recreation lands and
facilities and how it will service the residents of the development.
In reaching its decision, Borough Council shall evaluate the applicant's
proposal in relation to objectives and factors that may include, among
others:
(1)
Opportunities for passive recreation.
(2)
Protection of important and characteristics scenic and/or natural
features, particularly where such features are delineated in the Borough's
Open Space, Recreation, and Environmental Resources Plan.
(3)
Retention, creation, and/or improvement of important trail linkages
or corridors.
(4)
Neighborhood scale park areas designed especially for the ages
and needs of the prospective new residents, e.g., tot lots, fitness
trails, etc.
(5)
Creation of village green or courtyard spaces as a centralized
focus of residential neighborhood and the site of informal recreation
activities.
|
The applicant must also demonstrate that the active recreation
needs of the residents are adequately addressed by this proposal,
and that the proposed alternative is consistent with the Borough's
recreation and open space goals and programs, including but not limited
to those presented in the Borough Open Space, Recreation, and Environmental
Resources Plan.
|
E.
Where Borough Council determines that the preliminary plan does not provide land meeting the criteria of Subsection 1C and D, above, it shall require that a fee be paid in lieu of land and facilities, as stipulated in Subsection 1H, below. Borough Council may accept a combination of land, facilities, and fee where that arrangement best meets the purposes of this section and the needs of the residents.
F.
In determining its preference for the set-aside of land within the
proposed development or the payment of a fee in lieu of land and facilities,
Borough Council may, as it deems appropriate, be guided by the following
additional criteria:
(1)
The provisions of the Borough Open Space, Recreation, and Environmental
Resources Plan, particularly in relation to recommendations for community
and neighborhood parks.
(2)
The proximity of the proposed development of existing or proposed
public open space and recreational areas.
(3)
The natural and scenic characteristics of the tract on which
the development is proposed and their compatibility with active and
passive recreation.
(4)
Any existing Borough commitments to purchase or improve land
for open space and recreational purposes.
G.
Where Borough Council determines that a set-aside of land and facilities
within the tract proposed for development will satisfy the requirements
of this section, the minimum amount of such land to be set a side
shall be calculated on the basis of 0.25 acres per five new dwelling
units to be constructed on the tract, or the proportional equivalent
thereof.
H.
Standards for Fee in Lieu of Land and Facilities.
(1)
Where a fee is to be provided in lieu of the set-aside of land
and facilities, the fee shall be established by resolution of Borough
Council.
(2)
Where the amount of the fee is based upon the fair market value
of the land otherwise required to be set aside and the value of required
facilities, the fair market value of the land shall be established
by an appraisal, prepared by a real estate appraiser acceptable to
Borough Council, which is submitted by the applicant, the appraisal
shall be reviewed by the Borough and, if accepted, shall serve as
the basis for calculating the fee. When the appraisal is not accepted
by Borough Council, its deficiencies shall be indicated and a revised
appraisal shall be submitted by the applicant. An acceptable appraisal
shall determine the value of the land within the tract on the basis
of final approval of the subdivision or land development application
and the availability of all improvements that will be necessary for
development of the tract.
(3)
A note shall be placed on the plan submitted for final approval, stipulating the amount of the fee to be paid, as established through the terms of this section, and the means of payment consistent with Subsection 4, below.
(4)
The full amount of the fee, as determined the Subsection 1, shall be paid or otherwise secured in a manner deemed acceptable by Borough Council as a condition of final plan approval and prior to recording of the approved final plan.
(5)
All fees received pursuant to this section shall be placed in
a Special Capital Reserve Fund for Open Space, the purpose of which
shall be to hold, invest and disburse such monies. Disbursements from
this fund shall be made from time to time as Borough Council shall
deem appropriate, only in conjunction with the planning, purchase,
improvement, replacement, and addition to Borough lands for use as
open space and recreation for the benefit of the citizens of the Borough
as provided for in applicable rules, regulations, or statues. All
sums received for and deposited in the Open Space Fund shall be held,
invested, and reinvested in the same manner as other funds of the
Borough, but shall not be considered part of the general revenues
of the Borough.
I.
Open Space Characteristics and Design Standards. In designating areas
for open space and recreation within the subdivision or land development
plan, the following criteria and standards shall be adhered to by
the applicant, areas shall be:
(1)
Consistent with the Borough Open Space, Recreation, and Environmental
Resources Plan.
(2)
Suitable for active recreational uses to the extent deemed necessary
by the Council, without interfering with adjacent dwelling units,
parking, driveways, and roads.
(3)
Comprised of not more than 30% of environmentally sensitive
lands, including flood plains, wetlands, woodlands, slopes exceeding
15%, and surface waters, except that Borough Council may determine
that a greater percentage of the tract areas shall be permitted to
contain such features where important environmental benefits are achieved
and suitable recreation space for the residents can be provided.
(4)
Comprised of areas not less than 75 feet in the narrowest dimension
and not less than 6,000 square feet of contiguous area, except when
part of a pedestrian or bicycle pathway network, in which case the
narrowest dimension may be reduced to not less than 10 feet. Where
a pedestrian or bicycle path runs between and is immediately adjacent
to residential lots on both sides, the minimum width shall be not
less than 20 feet.
(5)
Interconnected with common open space areas on abutting parcels
wherever possible, including provisions for pedestrian pathways for
general public use to create linked pathway systems within the Borough.
(6)
Provided with sufficient perimeter parking when necessary, with
safe and convenient access by adjoining street frontage or other rights-of-way
or easements capable of accommodating pedestrian, bicycle, maintenance,
and vehicle traffic, and containing appropriate access improvements.
(7)
Undivided by any public or private streets, except where necessary
for proper traffic circulation, and then only upon recommendations
of the Borough Engineer and Planning Commission.
(8)
Free of all structures, except those related to outdoor recreational
use.
(9)
Suitably landscaped either by retaining existing natural cover
and woodland or by a landscaping plan for enhancing open space areas
through plantings which are consistent with the purpose of this section
and which minimize maintenance costs.
(10)
Made subject to such agreement with the Borough and such deed
restrictions duly recorded in the office of the County Recorder of
Deeds as may be required by the Council for the purpose of preserving
the common open space for such use.
J.
Trails.
(1)
A system of trails, including multi-use arterial, local/collector,
and/or bikeway, as defined in this chapter, shall be established and
maintained as part of any age-restricted residential community.
(2)
Any multi-use arterial trail shall be available for use by the
general public. A multi-use trail shall connect to any existing or
proposed trail or sidewalk that abuts the tract on adjacent properties.
The connection shall be in a location or locations that facilitate
a continuous trail corridor consistent with Borough plans and policies.
Local collector trails shall be for the exclusive use of residents
of the age-restricted residential community and their guests.
(3)
On any tract containing an existing trail, the plan for development
of the tract shall incorporate and protect the existing viability
of the trail.
(4)
Where the site of a proposed age-restricted residential community
contains an existing trail that does not fully comply with the standards
for such a trail in this section, Borough Council may require that
the trail be improved to meet such minimum standards.
(5)
Where the tract does not contain an existing trail, new local/collector
and, as applicable, multi-use arterial trails shall be created that
enable pedestrian and bicycle connections to existing or potential
trail corridors off the site and provide internal circulation and/or
recreation opportunities. Trail routes and functions shall be coordinated
with trails, or recorded plans for trails, on adjacent tracts. The
applicant shall submit a trail map showing the location of the proposed
trail and points at which linkages will be made off site.
(6)
A trail route may utilize a sidewalk only where site design
or open space alternatives do not exist, or where such location best
facilitates off-site connection with an existing trail. Approval of
any such trail routing on sidewalks shall be at the sole discretion
of Borough Council.
(7)
Trail corridors traversing areas of common open space shall be owned and maintained by a homeowners' association, created and operated in accordance with the terms of § 27-1317, Subsection 3B, or by means of dedication to an organization capable of carrying out ownership and maintenance responsibilities that is specifically approved by Borough Council.
(8)
Regardless of ownership, the developer shall, as a condition
of final plan approval, prepare and submit a trail easement to the
Borough. Such easement shall, at a minimum, cover the full width of
the trail corridor right-of-way, as required by this section. Terms
of the easement shall, at minimum:
(a)
Assure that any multi-use arterial trail that will connect to
off-site trails on adjacent tracts will be accessible to the public;
(b)
Stipulate that there is no cost to the Borough for easement
acquisition (other than costs incidental to the transfer);
(c)
Establish a maintenance agreement acceptable to the Borough;
and
(d)
Guarantee to the Borough the right of entry for inspection,
emergency, and maintenance purposes.
(9)
The applicant shall obtain any applicable permits, approvals,
or waivers from other regulatory agencies with jurisdiction over proposed
trail location, materials, construction, or road crossings, or where
the identified trail corridor will impact natural resources for which
disturbance permits are required, including, but not limited to, stream
crossing or wetland disturbance.
(10)
Dead-end trails shall be avoided, except as logical termini
or as stubs to permit future trail extension into or from adjoining
tracts.
(11)
Where a trail continues into an adjacent municipality, evidence
of compatibility of design, particularly with regard to trail surfacing,
width, and right-of-way shall be submitted. The applicant shall coordinate
such designs with both municipalities to avoid abrupt changes in width,
surfacing, or improvements.
(12)
With the exception of motorized wheelchairs, e-bikes, and maintenance
vehicles, motor vehicles may not be used on trails.
(13)
Trail Widths.
(a)
The minimum cartpath and shoulder widths (per shoulder) for
all new trails in the Borough shall be as follows:
|
Trail type
|
Cartpath
(feet)
|
Shoulder
(feet)
|
|---|---|---|
|
Multi-use arterial
|
8 (6 min. for one-way)
|
2
|
|
Bikeway
|
6
|
N/A
|
|
Local/collector
|
5
|
1-2
|
(b)
Right-of-way width for any local/collector trail shall not be
less than 12 feet. Right-of-way width for any multi-use arterial trail
shall not be less than 20 feet.
(c)
Additional right-of-way and/or cartpath widths may be required
by Borough Council for the following purposes:
1)
To promote public safety and convenience.
2)
To assure proper management of stormwater.
3)
To accommodate special topographic circumstances which may result
in cut/fill slopes extending beyond the standard trail width. These
cut/fill slopes should in all circumstances be included within the
trail right-of-way to assure accessibility for trail maintenance operations.
Any cut or fill area adjacent to a trail shoulder shall have a maximum
slope of 3:1.
(14)
Trail Construction.
(a)
Except where an alternative surfacing material is specifically authorized by Borough Council under the terms of Subsection 1J(14)(b), below, all trails shall consist of a six-inch base surface of crushed stone with a two-inch asphalt top coat. The asphalt top coat shall consist of a wearing course containing crushed stone no larger than one-half inch.
(b)
Where Borough Council deems it appropriate for reasons including,
but not limited to, environmental sensitivity, stormwater management,
protection of scenic landscapes, or similar purposes, Borough Council
may authorize the use of surfacing materials and techniques such as
boardwalk crossings of wet areas or a minimum of five inches of three-eighth-inch
crushed stone, compacted with fine particles.
(c)
All trails shall be underlined with Class 4 geotextile fabric.
(d)
Overhead clearance for all trails shall be not less than 10
feet.
(e)
Trail shoulders shall be free of woody vegetation, graded to
provide adequate drainage and smooth transition from the trail cartpath
surface, planted and maintained with appropriate ground cover, and
underlined with Class 4 geotextile fabric.
(15)
Trail Maintenance.
(a)
Where the maintenance of trails is to be the responsibility
of a homeowners' association or similar entity, or an organization
capable of carrying out maintenance responsibilities, such maintenance
responsibilities shall be as established under the terms of a declaration
or easement that shall be reviewed and approved by the Borough Solicitor
and recorded at the Office of the Chester County Recorder of Deeds.
Clearing of snow and similar winter maintenance shall not be required,
except where otherwise specifically mandated, e.g., as part of a sidewalk
or multi-use arterial trail system.
(b)
Where it is anticipated that trail usage will contribute significantly
to trail maintenance, responsible parties shall inspect trails on
a periodic basis and provide needed maintenance. The Borough shall
have the right, but not the obligation, to keep trails passable.
(16)
Timing of Trail Installation. The trail system approved as part
of the final plan for a tract shall be addressed as follows:
(a)
All portions of multi-use arterial trails and bikeways and local/collector
trails located on the tract shall be set forth on a declaration plan
along with all other public improvements to be either dedicated or
maintained by the community, consistent with the approved land development
plan. The declaration plan shall be subject to the approval of the
Borough Engineer and Solicitor and shall be provided to all property
owners within the age-restricted residential community prior to and
at the time of sale and incorporated into the recorded Declaration
of Covenants and Restrictions establishing any homeowners' association.
(b)
The cost of construction of proposed local/collector trails shall be included in the improvements covered by the agreements required by §§ 22-410 and 22-411. The applicant shall offer easements for dedication to the Borough and pay a fee in lieu of the installation of the approved multi-use arterial trails in the age-restricted residential community, as set forth in subsection 1J(16)(c) below, and such continuing offer shall be noted on the approved land development plans.
(c)
Notwithstanding the terms of § 22-709, Subsection 1H, regarding a fee in lieu of open space, Borough Council, at its sole discretion and at the request of the applicant, may accept a fee in lieu of the installation of a specified segment of the approved trail system under the following conditions:
1)
The applicant shall prepare and submit the trail easement applicable to the trail segment in question, as required in Subsection J(8), above.
2)
The terms of § 22-709, Subsection 1H, regarding the amount, timing, processing, and expenditure of the fee shall be applicable to a fee in lieu of trail construction, with the following exceptions:
[a]
The terms of § 22-709, Subsection 1H(2), shall not apply to this fee in lieu process. The applicant shall provide an estimate of the costs involved in creating the trail within the corridor limits established by the trail easement. Such estimate, and a narrative statement explaining the basis for the estimate, shall be reviewed by the Borough Engineer. If deemed acceptable by Borough Council, it shall serve as the basis for calculating the fee. Where the estimate is not accepted by Borough Council, its deficiencies shall be indicated and a revised estimate shall be submitted by the appl
2.
Open Space and Recreation Lands and Facilities: Nonresidential Applications.
A.
Statement of Intent. In requiring recreational lands and facilities,
and/or fees in lieu thereof, it is the intent of the Borough to further
and more effectively implement the Oxford Borough Comprehensive Plan
and Open Space, Recreation, and Environmental Resources Plan as they
relate to open space, recreation, and natural feature protection needs
within the Borough of Oxford. Nonresidential development creates its
own demands for local recreational lands and facilities, and developers
of nonresidential land need to contribute proportionately to meeting
that demand.
B.
Required Recreational Lands/Facilities or Fees in Lieu Thereof.
(1)
Any proposed nonresidential subdivision or land development
shall provide recreational lands, facilities, and/or fees in lieu
thereof in accordance with the terms herein. These requirements are
designed to address the demand for park and recreation facilities
resulting from the additional employees, customers, and/or clients
that will be generated by the proposed development.
(2)
The Borough's general policy shall be to require a fee in lieu
of on-site recreation lands and facilities for nonresidential development,
with such fees designated to create, expand, and improve community
park facilities within the Borough of Oxford. Permanent set-aside
or dedication of on-site lands and facilities, or a combination of
land/facilities and fees, shall be considered for acceptability by
Borough Council upon request of the applicant. The applicant must
demonstrate how either of these alternatives will be equally effective
in meeting the purposes of this subsection and the recreational demands
created by the proposed development. In deciding upon such a request,
Borough Council also shall consider:
(a)
Whether the location is especially important to complement other
existing or proposed recreation lands or to meet the needs of an area
with particularly strong demands;
(b)
If the site is particularly well-suited in response to broader
public demand beyond that generated by the site itself;
(c)
The potential relationship to future Borough plans and programs;
and
(3)
Where Borough Council determines that a set-aside of land and facilities within the tract proposed for development will satisfy the requirements of this section, the minimum amount of such land to be set aside shall be calculated on the basis of 250 square feet of land meeting the criteria of this section to be set aside per each 500 square feet of gross leasable floor area, or portion thereof, for the principal use (exclusive of any accessory uses or structures) of the property. The term "gross leasable floor area" shall be as defined in § 27-202 of the Oxford Borough Zoning Ordinance. The type and extent of recreation facilities shall be as determined appropriate by Borough Council.
(5)
Responsibility for ownership and maintenance of on-site recreation
lands and facilities shall remain with the developer or subsequent
owner of the site, unless Borough Council accepts an offer of dedication
of some or all of the land.
3.
Official Map. The Borough Council may by resolution prohibit the
subdivider from erecting any structure on, removing, or destroying
any trees or topsoil on, doing any grading on and making any use of
any land in his subdivision which is designated for street, park or
other public use on the Official Map of the Borough. The resolution
may prohibit the subdivider from engaging in such actions for a period
of one year after the subdivider has submitted a written notice to
the Borough Council announcing his intentions to develop the land
designated for public use or has made formal application for an official
permit to build a structure for private use. The reservation for public
grounds shall lapse at the end of one year unless the Borough Council
shall have acquired the property or begun condemnation proceedings
to acquire such property before the end of the year.
4.
Community Assets. Consideration shall be shown for all natural features,
such as existing shade trees six inches in caliper or greater, which
if preserved will add attractiveness and value to the remainder of
the subdivision. In general, trees shall be preserved wherever possible.
5.
Utility Easements.
A.
Easements with a width of 15 feet shall be provided for poles, wires,
conduits, storm and sanitary sewers, gas, water and heat mains, and/or
other utility lines intended to service the abutting lots. No structures
or trees shall be placed within such easements.
B.
To the fullest extend possible, easements shall be centered on or
adjacent to rear or side lot lines.
C.
There shall be a minimum distance of 20 feet from the right-of-way
line, measured in the shortest distance, between any proposed dwelling
unit and any petroleum, petroleum products or natural gas transmission
line which traverses the subdivision.
D.
Where gas or petroleum transmission lines are a part of the proposed
development, either existing within or requiring relocation, construction
shall occur within a right-of-way of 50 feet minimum and shall comply
with the applicable requirements of the Pennsylvania Public Utilities
Commission regulations.
E.
Underground electric distribution lines are to be installed in all
new subdivisions of five lots or more. Underground telephone lines
and television cable lines shall be installed in all new subdivisions.
In existing subdivisions with five or more unimproved lots, any extensions
of the electric distribution lines shall be placed underground. It
is desirable that all new service laterals from existing overhead
distribution lines shall be placed underground. An approved plan for
the utilization of an electric distribution system shall be submitted
to the Borough prior to the recording of a final plan.
[Ord. No. 962-2023, 11/20/2023]
1.
Traffic Impact Study.
A.
A traffic impact study shall be required under any one of the following
conditions:
(1)
The proposal will increase the number of peak-hour trips on
adjacent roads by more than 50, according to the most recent trip-generation
information from the Institute of Transportation Engineers.
(2)
The proposal will increase the then-current average daily trips
on any abutting road by more than 10% or 500 trips, whichever is less.
(3)
For any proposed land use that does not meet the criteria in § 22-710, Subsection 1A(1) or (2), the Borough may require a modified traffic impact study that evaluates peak hour traffic operations at the site access and adjacent intersection(s) if determined necessary for the purpose of confirming safe and effective access design and traffic operations.
B.
The traffic impact study shall be prepared by a qualified professional
traffic engineer with verifiable experience in preparing such studies.
C.
The study area for the traffic impact study shall be based on engineering
judgment and an understanding of existing traffic conditions at the
site and represent the area which is likely to be affected by the
development. The study area can be established based on a market study
or, if no market study is available, based on travel patterns of the
existing roadway network surrounding the proposed development. Other
methods, such as using trip data from an existing development with
similar characteristics, using an existing origin-destination survey
of trips within the area, or based on the methodologies outlined in
PennDOT Pub. 282, may be used to delineate the boundaries of the impact.
D.
The study limits shall be subject to reasonable approval of Borough
Council.
E.
The traffic impact study shall contain the following elements:
(1)
The study area boundary and identification of the roadways included
within the study area.
(2)
A general site description, including:
(a)
Size, location, existing and proposed land uses and dwelling
types, construction staging, and completion date of the proposed development.
(b)
Existing land uses, approved and recorded subdivision and land
developments, and subdivisions and land developments pending before
the Borough but not yet approved and recorded in the study area that
may have bearing on the development's likely impact shall be
described and considered.
(c)
Within the study area, the applicant must describe existing
roadways and intersections (geometries and traffic signal control)
as well as improvements contemplated by government agencies or private
parties.
(3)
Analysis of existing conditions, including:
(a)
Daily and Peak Hour(s) Traffic Volumes. Schematic diagrams depicting
daily and peak hour(s) traffic volumes shall be presented for roadways
within the study area. Turning movement and mainline volumes shall
be presented for the three peak-hour conditions (a.m., p.m., and site
generated, if applicable) while only mainline volumes are required
to reflect daily traffic volumes. The source and/or method of computation
for all traffic volumes shall be included.
(b)
Volume/Capacity Analyses at Critical Points. Utilizing techniques
described in the Highway Capacity Manual Transportation Research Board
Special Report 209 [6th Edition (2016) or most recent edition] or
derivative nomographs, an assessment of the relative balance between
roadway volumes and capacity are to be described. The analysis shall
be performed for existing conditions (roadway geometry and traffic
signal control) for the appropriate peak hours.
(c)
Level of Service at Critical Points. Based on the results obtained
in the previous section, levels of service (A through F) shall be
computed and presented. Included in this section shall also be a description
of typical operating conditions at each level of service.
(d)
A tabulation of accident locations during the most recent three-year
period shall be provided.
(4)
Analysis of future conditions without the proposed development.
The future year(s) for which projections are made will be specified
by the Borough and will be dependent on the timing of the proposed
development. The following information shall be included:
(a)
Daily and Peak Hour(s) Traffic Volumes. This section shall clearly indicate the method and assumptions used to forecast future traffic volumes. The schematic diagrams depicting future traffic volumes shall be similar to those described in § 22-710, Subsection 1E(3)(a) in terms of location and times (daily and peak hours).
(b)
Volume/Capacity Analyses at Critical Locations. The ability
of the existing roadway system to accommodate future traffic (without
site development) shall be described in this section. If roadway improvements
or modifications are committed for implementation, the volume/capacity
analysis shall be presented for these conditions.
(c)
Levels of Service at Critical Points. Based on the results obtained
in the previous section, levels of service (A through F) shall be
determined.
(5)
Trip Generation. The amount of traffic generated by the site
shall be presented in this section for daily and the three peak-hour
conditions. The trip generation rates used in this phase of the analysis
shall be justified and documented to the satisfaction of Borough Council.
Trip Generation (11th Edition or most recent edition) published by
the Institute of Transportation Engineers shall be used unless Borough
Council approves other studies.
(6)
Trip Distribution. The direction of approach for site-generated
traffic shall be presented in this section for the appropriate time
periods. As with all technical analysis steps, the basic method and
assumptions used in this work shall be clearly stated in order that
the Borough can replicate these results.
(7)
Traffic Assignment. This section shall describe the utilization of study area roadways by site-generated traffic. The proposed traffic volumes shall then be combined with anticipated traffic volumes from § 22-710, Subsection 1E(4)(a) to describe mainline and turning movement volumes for future conditions with the site developed as the applicant proposes.
(8)
Analysis of Future Conditions with Development. This section
shall describe the adequacy of the roadway system to accommodate future
traffic with development of the site. Any unique characteristics of
the site or within the study area (i.e., weekend tourists and antique
sales, or holiday shopping) affecting traffic shall be considered.
If staging of the proposed development is anticipated, analysis for
each stage of completion shall be made. The following information
shall be included:
(a)
Daily and Peak Hour(s) Traffic Volumes. Mainline and turning
movement volumes shall be presented for the highway network in the
study area as well as driveways and internal circulation roadways
for the appropriate time periods.
(c)
Levels of Service at Critical Points. As a result of the volume/capacity
analysis, the level of service on the study area roadway system shall
be computed and described in this section.
(9)
Recommended Improvements. In the event that the analysis indicates unsatisfactory levels of service (levels of service D, E or F) as described in Highway Capacity Manual, Transportation Research Board Special Report 209 [6th Edition (2016) or most recent edition] will occur on study area roadways, a description of proposed improvements to remedy deficiencies shall be included in this section. These proposals would not include committed projects by the Borough and state which were described in § 22-710, Subsection 1E(2)(c) and reflected in the analysis contained in § 22-710, Subsection 1E(4)(b). The following information shall be included:
(a)
Proposed Recommended Improvements. This section shall describe
the location, nature and extent of proposed improvements to assure
sufficient roadway capacity. Accompanying this list of improvements
shall be preliminary cost estimates.
(b)
Volume/Capacity Analysis at Critical Points. Another iteration
of the volume/capacity analysis shall be described which demonstrates
the anticipated results of making these improvements.
(c)
Levels of Service at Critical Points. As a result of the revised
volume/capacity analysis presented in the previous subsection, levels
of service for the highway system with improvements shall be presented.
(10)
Conclusion. The last section of the report shall be a clear
concise description of the study findings. This concluding section
shall serve as an executive summary.
2.
Fiscal Impact Study.
A.
A fiscal impact analysis shall be prepared for all conditional uses
and proposed zoning changes to identify the fiscal characteristics
related to the proposed project. The characteristics which shall be
presented in narrative form shall include a profile of the Borough
and school district revenues which the proposal may generate and the
Borough and school district costs it may create. Such information
shall be consistent with the methodology described in "The New Practitioners
Guide to Fiscal Impact Analysis," Rutgers University Center for Urban
Policy Research.
B.
Conclusion. The last section of the report shall be a clear concise
description of the study findings. This concluding section shall serve
as an executive summary.
3.
Environmental Impact Study.
A.
The applicant shall minimize the negative environmental impact of
the project and identify and propose effective mitigation measures
to accomplish this.
B.
The environmental impact report shall contain the following information:
(1)
Plan and description of development, proposed use of site. A
project description, which shall specify what is to be done and how
it is to be done during construction and operation, complete with
maps and drawings, said maps and drawings to be drawn on a scale or
no smaller than one inch per 100 feet. The description shall include,
but not be limited to, the following:
(a)
Topographic contours.
(b)
Buildings.
(c)
Roads.
(d)
Paved areas.
(e)
Grading and regrading.
(f)
Adjacent natural streams.
(g)
The project's relation to surrounding property and utility
lines.
(h)
The method and schedule of construction, including grading and
clearing operations.
(i)
Solid waste generation and disposal.
(j)
Wastewater pretreatment.
(k)
External noise.
(l)
Smoke or pollution generated from heating elements and power-generating
facilities.
(2)
Inventory of Existing Environmental Conditions. Inventory or
testing for development which is serviced by public water and sewer
may be waived at the discretion of Borough Council. For all other
development applications specified, an inventory of existing environmental
conditions on the project tract and in the area affected by the proposed
development, including the location of testing, shall be provided
and shall describe:
(a)
Water Quality, Water Supply Hydrology, Groundwater Level and
Condition.
1)
Surface and groundwater studies for all applications shall include
the analysis of the state standards for residential cleanup and, without
limitation, the following performed by a Pennsylvania state- certified
laboratory facility:
2)
Any applicant whose property lies in a watershed affected by
any upstream manufacturing or commercial establishment or whose property
itself is such a manufacturing or commercial establishment shall include,
in addition to the provisions above, the analysis of the following:
(b)
Air quality.
(c)
Noise characteristics.
(d)
Geology.
(e)
Soils and properties thereof, including capabilities limitation.
(f)
Topography.
(g)
Slope.
(h)
Slope stability.
(i)
Terrain.
(j)
Soil permeability. All such provisions shall be described with
reference to criteria contained in the Chester County Soils Survey,
and any other pertinent soil standards.
(k)
On-site and off-site sewerage systems, public and private.
(l)
Vegetation. A separate map of existing vegetation shall be submitted
with a scale identical to the development plans.
(m)
Wildlife.
(n)
Wildlife habitat.
(o)
Aquatic organisms.
(3)
Assessment and Mitigation of Environmental Impact of Project.
(a)
An assessment supported by environmental data of the environmental
impact of the project upon the factors described above shall be submitted
and shall include an evaluation of water use, liquid and solid waste
disposal and the effects of liquid and solid waste on the quality
and quantity of surface and ground waters. All potential impacts are
to be defined to include, but not be limited to:
(4)
Any data submitted by the applicant with the application or
to other agencies, having jurisdiction over one or more of the environmental
elements specified in this section shall be accepted by the Borough
as fulfilling the data requirements of this section, to the extent
applicable.
(5)
Evaluation of Environmental Impacts. To the extent not covered
above, an evaluation of:
(a)
Unusual environmental impacts and damages to natural resources
both on the project tract and in the area affected.
(b)
A description of steps to be taken to minimize such impacts
during construction and operation, with particular emphasis upon air
or water pollution. The description of steps to be taken shall be
accompanied by appropriate maps, schedules and other explanatory data
as may be needed to clarify and explain the actions to be taken.
(c)
Increase in noise.
(d)
Damage to plant, tree and wildlife systems.
(e)
Increase in sedimentation and siltation.
(6)
Alternatives. The applicant shall provide a statement of alternatives
to the proposed project, consistent with the zoning on the site, which
might avoid some or all of the unusual environmental effects of the
proposed project. The statement shall include the reasons for the
acceptability or nonacceptability of each alternative. One of the
alternatives may show the mitigation of all the unusual environmental
effect.
[Ord. No. 962-2023, 11/20/2023]
1.
Purpose. The standards established in this section set forth criteria
for:
A.
Providing lighting in outdoor public places where public health,
safety and welfare and potential concerns;
B.
Controlling glare from nonvehicular light sources that shine directly
into drivers' and pedestrians' eyes and thereby impair their
safe traverse;
C.
Protecting neighbors and the night sky from nuisance glare and stray
light from poorly aimed, placed, applied or shielded light sources;
D.
Promoting energy-efficient lighting design and operation; and
E.
Protecting the intended character within the Borough.
2.
Applicability.
A.
Outdoor lighting shall be required for safety and personal security
for uses that operate during hours of darkness where there is public
assembly and/or traverse, including, but not limited to, residential,
commercial, industrial, public recreational, and institutional uses.
B.
The Borough may require lighting to be incorporated for other uses
or locations or may restrict lighting in any of the above uses as
it deems necessary.
3.
Criteria.
A.
Illumination Levels. Illumination, where required by this section,
shall provide intensities and uniformity ratios in accordance with
the current recommended practices of the "Illuminating Engineering
Society of North America (IESNA) Lighting Handbook," from which typical
uses and tasks are herein presented:
|
Use/Task
|
Maintained Footcandles
|
Uniformity Average Minimum
|
|---|---|---|
|
Streets, local residential
|
0.4 Avg.
|
6:1
|
|
Streets, local commercial
|
0.9 Avg.
|
6:1
|
|
Parking, residential, multifamily low vehicular/pedestrian activity
|
0.2 Min.
|
4:1
|
|
Medium vehicular/pedestrian activity
|
0.6 Min.
|
4:1
|
|
Parking, industrial/commercial/institutional/municipal:
| ||
|
High activity, e.g., regional shopping centers/fast
food facilities, major athletic/civic/cultural events
|
0.9 Min.
|
4:1
|
|
Medium activity, e.g., community shopping centers,
office parks, hospitals, commuter lots, cultural/civic/recreational
events
|
0.6 Min
|
4:1
|
|
Low activity, e.g., neighborhood shopping, industrial
employee parking, schools, church parking
|
0.2 Min.
|
4:1
|
|
Walkways and bikeways
|
0.5 Avg.
|
05:1
|
|
Building entrances
|
5.0 Avg.
|
|
NOTES:
| |
|---|---|
|
(1)
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
|
|
(2)
|
Uniformity ratios dictate that average illuminance values shall
not exceed minimum values by more than the product of the minimum
value and the specified ratio, e.g., for commercial parking high activity,
the average footcandles shall not be in excess of 3.6 (0.9 x 4).
|
B.
Fixture Design.
(1)
Fixtures shall be of a type and design appropriate to the lighting
application and aesthetically acceptable to Borough Council.
(2)
For lighting of predominantly horizontal tasks, such as, but
not limited to, roadways, pathways, parking, merchandising and storage,
automotive fuel dispensing, automotive sales, loading docks, active
and passive recreation, building entrances and sidewalks, fixtures
shall meet full-cutoff criteria.
(3)
For the lighting of nonhorizontal surfaces, such as, but not
limited to, facades, landscaping, signs, fountains, displays, flags,
and statuary, the use of floodlighting, spotlighting, wall-mounted
fixtures, decorative globes, and other fixtures not meeting cutoff
criteria, such shall be permitted only with the approval of Borough
Council, based upon acceptable glare control.
(4)
When necessary to redirect offending light distribution, fixtures
shall be equipped with or be capable of being backfitted with light-directing
devices such as shields, visors, or hoods.
C.
Control of Nuisance and Disabling Glare.
(1)
All outdoor lighting, whether or not required by this chapter,
on private, residential, commercial, industrial, municipal, recreational
or institutional property, shall be aimed, located, designed, fitted
and maintained so as not to present a hazard to drivers or pedestrians
by impairing their ability to safely traverse (disabling glare), and
so as not to create a nuisance by projecting or reflecting objectionable
light onto a neighboring use or property (light trespass and nuisance
glare).
(2)
Floodlights or spotlights, when permitted, shall be so installed
and aimed that they do not project their output into the window of
a neighboring residence, an adjacent use, skyward or onto a roadway.
(3)
Unless otherwise permitted by Borough Council, lighting shall
be controlled by automatic switching devices such as timers, motion
detectors and/or photocells, to extinguish offending sources between
11:00 p.m. or one hour following close of business, whichever comes
first, and dawn to mitigate glare and sky-lighting consequences. Where
all-night safety or security lighting is deemed necessary, the lighting
intensity levels shall generally not exceed 25% of the levels normally
permitted by this chapter, but in no case shall they be less than
the minimum levels for safety or security as invoked by IESNA. This
provision shall not apply to street lights.
(4)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as full-cutoff fixtures, shields
and baffles, and appropriate application of mounting height, wattage,
aiming angle, fixture placement, etc.
(5)
The amount of illumination projected onto a residential use
from another property shall not exceed 0.1 vertical footcandle measured
at line-of-sight from any point on the adjacent residential property.
(6)
The amount of illumination projected onto any nonresidential
property line from another property shall not exceed 1.0 vertical
footcandle measured at line-of-sight from any point on the property.
(7)
Lighting fixtures used to light the area under outdoor canopies,
including, but not limited to, those used at automotive fuel-dispensing
facilities, bank drive-through lanes, marquees and building entrances,
shall have flat lenses and have no light emitted from the side of
the fixture. The average maintained illumination in the area directly
below the canopy shall not exceed 20 initial footcandles, with no
value exceeding 30 footcandles.
(8)
When flags are to be illuminated all night, only the U.S. and
state flags shall be permitted to be illuminated from dusk until dawn,
and each flagpole shall be illuminated by a single source with a beam
spread no greater than necessary to illuminate the flag(s). Flag-lighting
sources shall not exceed 20,000 lumens per flagpole.
(9)
The correlated color temperature of LED sources in residential
areas shall not exceed 2,700K and shall not exceed 3,000K in all other
areas.
(10)
Luminaire, backlight, uplight, and glare zone light distribution
ratings: back very high (BVH) and forward very high (FVH) zonal output
shall not exceed 240 lumens in residential areas or 375 lumens in
all other areas.
D.
Security Lighting. The Borough may require that grade-level windows
be internally or externally illuminated during hours of darkness to
facilitate police determination if a break-in has occurred.
E.
Installation.
(1)
Fixtures meeting full-cutoff criteria shall not be mounted in
excess of 20 feet above the finished grade ("AFG") of the surface
being illuminated, except that the Borough may approve, upon request,
a fixture height of not more than 25 feet AFG for nonresidential parking
lots with 100 or more parking spaces. Fixtures not meeting full-cutoff
criteria, when their use is permitted by Borough Council, shall not
be mounted in excess of 15 feet AFG.
(2)
Fixtures used for general area lighting shall be aimed to project
their output straight down, unless otherwise approved.
(3)
Electrical feeds to lighting standards shall be underground.
(4)
Lighting standards directly behind parking spaces shall be placed
a minimum of five feet behind the curb face or tire stops, or placed
on concrete pedestals at least 30 inches high above the pavement,
or suitably protected by other approved means.
(5)
Fixtures used for architectural lighting, e.g., facade, feature
and landscape lighting, shall be aimed so as not to project their
output beyond the objects intended to be illuminated and shall be
extinguished between the hours of 11:00 p.m. and dawn.
F.
Maintenance. Lighting fixtures shall be maintained to meet the requirements
of this section at all times.
4.
Plan Submission. Lighting plans submitted for review and approval
shall include:
A.
Layout of the proposed fixture locations;
B.
Ten-foot by ten-foot illuminance grid (point-by-point) plots carried
out to 0.0 footcandle, which demonstrate compliance with the light
trespass, intensities and uniformities set forth in this section or
as otherwise required by the Borough. The lamp-lumen rating and nomenclature,
source correlated color temperature, light-loss factors, and IES photometric
file names used in calculating the illuminance values shall be documented
on the plan;
C.
Description of the equipment, including fixture catalog cuts, photometrics,
glare-reduction devices, lamps, control devices, mounting heights,
pole foundation details and mounting methods proposed; and
D.
When requested by the Borough, the applicant shall submit a visual
impact plan that demonstrates appropriate steps have been taken to
mitigate glare.
5.
Plan Notes. The following notes shall appear on the lighting plan:
A.
The Borough reserves the right to conduct one or more post-installation
nighttime inspections to verify compliance with the requirements of
this section and, if appropriate, to require remedial action at no
expense to the Borough.
B.
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Borough
for review and approval prior to installation.
6.
Compliance Monitoring.
A.
Safety Hazards.
(1)
If the Borough judges that a lighting installation creates a
safety or personal security hazard, the person(s) responsible for
the lighting shall be so notified and required to take remedial action
within a specified period of time.
(2)
If appropriate corrective action has not been effected within
the specified time period, the Borough may take appropriate legal
action.
B.
Nuisance Glare and Inadequate Illumination Levels.
(1)
When the Borough judges that an installation produces unacceptable
levels of nuisance glare, light trespass, or skyward light or that
illumination levels are insufficient or not being maintained in accordance
with this section, the Borough shall cause notification of the person(s)
responsible for the lighting and require remedial action.
(2)
If the infraction so warrants, the Borough may take appropriate
legal action.
C.
Nonconforming Lighting. Any lighting fixture or lighting installation
existing on the effective date of this section that does not comply
with the regulations of this section shall be deemed legally nonconforming.
However, such fixture and installation shall be made conforming when:
(1)
It is converted to or replaced by an LED luminaire;
(2)
The existing fixture is replaced, relocated, or abandoned;
(3)
Minor corrective action, such as re-aiming or adding shielding,
will achieve compliance;
(4)
The number of fixtures is increased; or
(5)
The Borough declares a fixture or installation to be a hazard
to the public health, safety, or welfare.
7.
Streetlight Dedication.
A.
The Borough may, but shall not be required to, accept dedication of streetlights in the instance of said lighting being in the right-of-way of a street dedicated to the Borough. Streetlights may be accepted along with the acceptance of the street. Prior to acceptance of dedication, a maintenance agreement and related financial security, as approved by the Borough, shall be put in place for a period of no less than 18 months from the date of acceptance of dedication, in accordance with the requirements of § 22-808.
B.
Until such time that streetlights are accepted for dedication by
the Borough, the developer of the tract or, if transferred by the
developer, the appropriate private entity, shall be responsible for
any and all costs associated with each streetlight. Such costs may
include, but are not limited to, administration, placement, power
supply, and maintenance.
C.
Streetlights not dedicated to the Borough will remain the responsibility
of the developer or appropriate private entity to whom the lights
are transferred. Said private entity shall then assume all costs and
responsibilities for the lights and associated facilities in perpetuity.
