[Ord. 520, 1/21/1957, Section 1]{380}
It is hereby declared that the purpose of the provisions of
this ordinance shall be that of assuring sites suitable for building
purposes and human habitation and to provide for the harmonious development
of the Municipality, for the coordination of existing streets with
proposed streets, parks or other features of the official street plan
of the Municipality, for insuring adequate open spaces for traffic,
recreation, light and air, and for proper distribution of population,
thereby creating conditions favorable to the health, safety, morals
and general welfare of the citizens of the Municipality.
[Ord. 520, 1/21/1957, Section 2; amended by Ord. 1002, 4/7/1981,
Section 1; Ord. 1115, 10/10/1985, Section 1; Ord. 1284, 7/10/1990,
Section 21; Ord. 1334, 5/21/1991, Section 1; Ord. 1771, 2/19/2004,
Section 9]
For the purpose of these regulations, which shall be known and
may be cited as "The State College Subdivision Ordinance," certain
words used herein are defined as follows:
A minor public right-of-way primarily for service access
to the back or sides of properties.
A landowner or developer who has filed an application for
development, including his heirs, successors and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the start of construction
or development including, but not limited to, an application for a
building permit for the approval of a subdivision plat or plan or
for the approval of a development plan.
An area bounded by streets.
A road or street entrance that has two distinct travel lanes
separated by a median that is at least 10 feet wide.
The surface of a street or alley available for vehicular
traffic.
The State College Planning Commission.
A public right-of-way intended to furnish access for pedestrians.
A street extending from an intersection with another street
and terminating in a vehicular turn-around.
Any landowner, agent of such landowner or tenant, with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, including a planned residential
development, a plat of subdivision, division, all covenants relating
to use, location and bulk of buildings and other structures, intensity
of use or density of development, streets, ways and parking facilities,
common open space and public facilities.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A right-of-way granted for limited use of land for public
or quasi-public purposes.
The roadways, streets, and traffic ways within a given subdivision
or land development that provide fire apparatus access within the
subdivision or land development. Public and private streets, traffic
ways, fire lanes, and driveways or other access roads may be so designated.
The Chief of the Alpha Fire Company or a duly authorized
representative.
Any hose connection used to supply water to a built-in fire
protection system.
The flow rate of a water supply, measured at 20 pounds per
square inch (psi) residual pressure that is available for fire fighting.
Those physical changes or additions to the land that may
be necessary to produce usable or desirable lots.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single, nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or,
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The following activities are excluded from the definition of
Land Development:
A road or street extending through a subdivision that forms
a loop connecting back onto itself. The portion of a loop road or
street between an intersecting street and where the loop connects
back to itself is called the stem.
A parcel of land intended for transfer or ownership, use
or improvement.
The area contained within the property lines of the individual
parcels of land as shown on the subdivision plan, excluding space
within any street or alley right-of-way but including the area of
any easement.
The act of joining two or more contiguous lots, held in the
same ownership, previously separated by subdivision into a single
lot or tract of land by elimination of the common boundaries of such
lots.
A national association established for the purpose of proposing
standards that reduce the opportunity for injury or death from fire.
A general development plan, prepared in lesser detail than
the final plan, indicating the approximate layout of a subdivision
or land development plan as a basis for consideration prior to preparation
of the final plan.
The complete and exact subdivision or land development plan
prepared for official recording, as required by this Ordinance.
A planning commission, planning department or a planning
committee of the governing body.
The line within a property defining the required minimum
distance between any building and the adjacent right-of-way.
A strip of land, whether public or private, including the
entire right-of-way used as a means for vehicular and pedestrian circulation,
whether dedicated to the public or held in private ownership. An arterial
street is that which provides circulation among several residential,
commercial and industrial areas, including those so designated on
the State College Borough Comprehensive Plan map. A collector street
is that which provides circulation within a neighborhood and intersects
with at least one arterial street, including those so designated on
said map. All other streets are defined as local streets for the purposes
of this ordinance.
Same as "Developer."
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the Court for distribution
to heirs or divisees, transfer of ownership or building or lot development.
Provided, however, that the subdivision, by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the Pennsylvania Municipalities
Planning Code) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
[Ord. 520, 1/21/1959, Section 3; amended by Ord. 1115, 10/10/1985,
Section 2; Ord. 1284, 7/10/1990, Section 22; Ord. 1758, 9/3/2003,
Sections 4 and 5; Ord. 1771, 2/19/2004, Section 10; Ord. 1775, 4/27/2004,
Section 2]
All applications for development plans shall be governed by
the provisions of Section 305 (Submission and Content of Development
Plan), except that plans or plats submitted for subdivision shall
follow the procedures of this Part, Sections 2603 through 2609, and
plans or plats submitted for lot consolidation shall follow the procedures
of Section 2609.
a.
Pre-application Procedure — Subdivision.
(1)
Previous to the filing of an application for approval of the preliminary
plan, the developer shall submit to the Commission a plan and data,
as specified in Section 2604, for informal review by the Planning
Commission.
(2)
Within 30 days, the Commission shall inform the subdivider that the
plans and data as submitted or as modified do or do not meet the objectives
of those regulations. When the Commission finds the plans and data
do not meet the planning objectives of these regulations, it shall
express its reasons therefore.
b.
Procedure for Preliminary Approval.
(1)
On reaching conclusions informally as in "a" above regarding his
general program and objectives the developer shall cause to be prepared
a preliminary plan, together with improvement plans and other supplementary
material, as specified in Section 2604.
(2)
Two copies of the preliminary plan and supplementary material specified
shall be submitted to the Commission with written application for
conditional approval at least 10 days prior to the meeting of which
it is to be considered unless waived by the Commission. The Planning
Department shall forward one copy of the preliminary plan, or final
plan when a preliminary plan is not required, first to the Fire Chief
for review and comment pursuant to Section 305.b(5). The Fire Chief
shall provide written comments concerning the plan to the applicant
and the municipality within 10 business days after receipt of the
plan.
(3)
Following review of the preliminary plan and other material submitted
for conformity thereof to these regulation, and negotiations with
the subdivider on changes deemed advisable, and the kind and extent
of improvements to be made by him, the Commission shall, within 40
days, act thereon as submitted or modified and, if approved, the Commission
shall express its approval and state the conditions of such approval,
if any, or, if disapproved, shall express its disapproval and its
reasons therefore.
(4)
The action of the Commission shall be noted on two copies of the
preliminary plan, referenced and attached to any conditions determined.
One copy shall be returned to the subdivider and the other retained
by the Commission.
(5)
Approval of a preliminary plan shall not constitute approval of the
final plat. It shall be deemed an expression of approval of the layout
submitted on the preliminary plan as a guide to the preparation of
the final plat.
c.
Procedure for Approval of Final Plat.
(1)
The final plat shall conform substantially to the preliminary plan
as approved and, if desired by the developer, it may constitute only
that portion of the preliminary plan which he proposes to record and
develop at that time; provided however, that such portion conforms
to all requirements of these regulations.
(2)
Application for approval of the final plat shall be submitted in
writing to the Commission at least 10 days prior to the meeting at
which it is to be considered unless waived by the Commission.
(3)
Two copies of the final plat and other material required for approval
shall be submitted to the Commission within 24 months after approval
of the preliminary plan unless the extension of time is applied for
and granted by the Commission.
(4)
The Commission shall take action and report within 60 days from the
date of the submission of the final plat. Otherwise, such plan shall
be deemed to have been approved. The grounds for modification or disapproval
of any final plat submitted to the Commission shall be stated on the
records of the Commission.
(5)
The developer shall agree to complete, in accordance with the requirements
of the Commission, such of the improvements listed in Section 2605
of these regulations as the Commission may require in the public interest
as prerequisite to its approval of the final plan. In lieu of the
completion of any improvements required as a condition for the final
approval of the plat, the developer may deposit with the Municipality
financial security for the improvements required, as is provided for
by law in accordance with the provisions of the Pennsylvania Municipalities
Planning Code, as amended.
(6)
After approval of the final plot plan by the Commission, the same
shall be submitted to Council for its approval. The Council shall
act upon the plan within such time limits as are fixed by law in accordance
with the provisions of the Pennsylvania Municipalities Planning Code,
as amended. The developer shall submit the original tracing for appropriate
signatures designating such approvals and shall provide the Commission
with one copy of the final plat with such signatures for permanent
municipal records.
(7)
After Council approval, the final plan and a new deed describing
each new lot addition and/or replot, as shown on the final plan, shall
be recorded concurrently with the Centre County Recorder of Deeds
within 90 days of the plan approval date. Failure to record the final
plan and deed(s) within such period shall render the plan's approval
null and void.
(8)
Following completion of the improvements shown on the recorded plan the developer shall submit one copy of the plan in digital electronic format compatible with State College Borough's Geographic Information System technical specifications as set forth in Part C, Section 311, of this chapter. This plan shall be based on the plan that was approved by the Borough and recorded with Centre County and show all required improvements as they are actually built on the site.
(9)
When a subdivision involves only the minor adjustment of property lines and does not include the installation of streets, curbs, sewers, and other utilities, the owner(s) shall submit one copy of the plan in digital electronic format compatible with State College Borough's Geographic Information System technical specifications as set forth in Part C, Section 311, of this chapter. This plan shall be the plan that was approved by the Borough and recorded with Centre County.
d.
Procedures for Resubdivision. For any resubdivision of land, the
same procedures, rules and regulations shall apply as prescribed for
an original subdivision.
[Ord. 520, 1/21/1957, Section 4; amended by Ord. 940, 9/9/1978,
Section 1; Ord. 1115, 10/10/1985, Section 3; Ord. 1284, 7/10/1990,
Section 23; Ord. 1758, 9/9/2003, Sections 6 and 7; Ord. 1771, 2/19/2004,
Section 11]
All developers seeking approval of the Commission under this
ordinance for a subdivision or resubdivision of land shall furnish
the following plans and data:
a.
Pre-Application Plan and Data.
(1)
A general location map showing the relationship of the proposed subdivision
to the municipal map.
(2)
A sketch plan on a topographic survey of the new area to show the
proposed layout of streets and lots and other features in relation
to existing conditions. The sketch plan may be a freehand sketch to
scale made on a print of the topographic data listed under Section
2604.b(1) or such data as the Commission determines is necessary for
its consideration of the proposed sketch plan.
(3)
General information in regard to type of development and provisions
for sewer and water. If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the subdivision or development, the applicant shall present
evidence that water is to be provided to the subdivision or development
by means of a certificated public utility, a bona fide cooperative
association of lot owners, or by a municipal corporation, authority
or utility. A copy of a Certificate of Public Convenience from the
Pennsylvania Public Utility Commission or an application for such
Certificate, a cooperative agreement or a commitment or agreement
to serve the area shall be acceptable evidence.
b.
Preliminary Plan or General Development Plan and Data.
(1)
Topographic data required as a basis for the preliminary plan shall
include the following, except when otherwise specified by the Commission:
|
Scale:
|
1" = 50' for areas less than 15 acres
|
|
1" = 100' for areas exceeding 15 acres
| |
|
Boundary Lines. True bearings and distances.
| |
|
Easements. Location, width and purpose.
| |
|
Streets. Streets, existing or recorded, on an adjacent to the
tract; name, right-of-way, type, width and elevation of surfacing,
elevations on street center lines, walks, curbs, gutters, culverts,
manholes, etc.
| |
|
Utilities. Utilities on and adjacent to the tract; location,
size and invert elevation of sanitary and storm sewers; location and
size of water mains, fire hydrants, gas lines, electric, telephone
and television lines and streetlights, together with easements, if
any, to provide access to the same. If water mains and sewers are
not adjacent to the tract, indicate direction and distance to and
size of nearest ones showing invert elevations of nearest storm and
sanitary sewers.
| |
|
Ground Elevations. Ground elevations on the tract shall be based on North Zone FIPS survey feet in the Pennsylvania State Plane Coordinate System NAD1983 or alternative approved by the Borough that complies with State College Borough's Geographical Information System technical specifications as set forth in Part C, Section 311, of this chapter. The elevations will include five-foot index and one-foot contours. High points and low points are to be shown with spot elevations sufficient to determine the position or direction of ridges and natural drainage course.
| |
|
Natural and Cultural Features. Natural and cultural features
on the tract, watercourses, marshlands, rock outcropping, wooded areas,
isolated trees one foot or more in diameter, and structures and buildings.
| |
|
Proposed Public Improvements. Highways or major improvements
planned by public authorities for future construction.
| |
|
Key Map. Key map at 500 or 800 scale showing location of tract.
| |
|
Ownership of Tract and Surrounding Tracts. The name of the owner
and names of owners of all properties abutting the subdivision.
| |
|
General Data. North point, scale, bench marks, notation stating
acreage, name of owner of tract to be subdivided and developer, if
other than the owner, names of owners of all abutting properties and
name of engineer or surveyor responsible for topographical map and
data.
| |
(2)
The preliminary plan or general development plan shall show all existing
conditions required above under Section 2604.b(1), topographic data,
and shall show all proposals including the following:
|
Streets. Location, rights-of-way, widths, pavement widths, approximate
grades and gradients (the same for alleys, if any). Sketch profiles
and cross-sections at critical points may be required.
|
|
Other Rights-of-way or Easements. Location, width and purpose.
|
|
Location of Utilities. Location of utilities and preliminary
approval of electric and telephone easements, and general distribution
system by the utility companies involved.
|
|
Lot Lines. Lot numbers and block numbers.
|
|
Public Sites. If any, to be reserved or dedicated for parks,
playgrounds or other public use.
|
|
Private Sites. If any, for multifamily dwellings, churches,
commercial use, shopping centers, industry or other non- public uses
exclusive of single-family dwellings.
|
|
Minimum Building Setback Lines
|
|
Site Data. Number of lots, typical lot size and area in parks
or uses other than single-family use.
|
|
Title. Title with name of subdivision, developer, scale and
political subdivision.
|
(3)
Fire Preparation Information. Questions relating to fire protection
and meetings with the Fire Chiefs shall be coordinated through the
Centre Region Fire Administrator. All preliminary development plans
shall provide the following fire protection information:
|
•
|
A note providing the fire flow of the water system serving the
proposed subdivision as obtained from the water service provider.
|
|
•
|
The size of all existing and proposed water lines within and
adjacent to the proposed subdivision.
|
|
•
|
The location, construction details, and ownership information
for any fire suppression water storage system.
|
|
•
|
Distances separating buildings.
|
|
•
|
Details for existing and proposed fire apparatus access routes.
|
|
•
|
Details on existing and proposed fire department connections.
|
|
•
|
A note indicating whether any structure within the proposed
subdivision has a built-in fire suppression system, including but
not limited to automatic fire sprinklers.
|
c.
Final or Recorded Plat and Data.
(1)
Final plat shall be drawn in ink on tracing cloth and shall be drawn
to scale of 50 feet or 100 feet to one inch. Where necessary, the
plan may be on several sheets with a key map to show the location
of each section in respect to others. For larger subdivisions, the
final plan may be submitted for approval progressively in contiguous
sections satisfactory to the Commission. The final plat shall show
the following:
|
•
|
Proposed subdivision name or identifying title; the name of
the municipality or political subdivision within which it is situated.
|
|
•
|
Date, north point, and scale.
|
|
•
|
Total acreage and total number of lots.
|
|
•
|
Primary control points or descriptions and "ties" to such control
points, to which all dimensions, angles, bearings and similar data
shall be referred.
|
|
•
|
Tract boundary lines, right-of-way lines of streets, easements
and other rights-of-way, and property lines of residential lots and
other sites, with accurate dimensions, bearings or deflection angles
and radii, arcs, tangents and central angles of all curves.
|
|
•
|
Street profiles and cross-sections for all streets.
|
|
•
|
Name and right-of-way width for each street or other right-of-way.
|
|
•
|
Location, dimension and purpose of any easements.
|
|
•
|
Number to identify each lot or site.
|
|
•
|
Purpose for which sites, other than residential lots, are dedicated
or reserved.
|
|
•
|
Minimum building setback line on all lots and other sites.
|
|
•
|
Location and description of all permanent reference monuments.
|
|
•
|
Names of record owners of adjoining unplatted land.
|
|
•
|
Reference to recorded subdivision plat of adjoining platted
land by record name, data and number.
|
|
•
|
Certification by surveyor or engineer certifying to accuracy
of survey and plot with seal of registered surveyor or engineer.
|
|
•
|
Certification of title showing the ownership of the land to
be vested in the developer or other applicant for plan approval.
|
|
•
|
A statement duly acknowledged before an officer authorized to
take acknowledgement of deeds and signed by the owner or owners of
the property to the effect that the final plat, as shown, is made
with his or their free consent and in accordance with his or their
desires.
|
|
•
|
Appropriate space for signature of the Chairman of Vice-Chairman
and Secretary of the Commission indicating approval and date.
|
|
•
|
Appropriate space for signature of the President of Council
indicating approval and date.
|
(2)
In addition to the reproducible drawing required in 2604.c(1), the developer shall prepare or cause to be prepared one digital electronic file copy of the plan that was built on the site. This plan shall be based on the plan that was approved by the Borough and recorded with Centre County and show all required improvements as they are actually built on the site. This plan shall be in a digital electronic format that complies with State College Borough's Geographic Information System technical specifications as set forth in Part C, Section 311, of this chapter.
[Ord. 520, 1/21/1957, Sections 5 and 6; amended by Ord. 915,
7/12/1977; Ord. 940, 8/9/1978, Section 2; Ord. 1002, 4/7/1981, Section
2; Ord. 1334, 5/21/1991, Section 2; Ord. 1758, 9/9/2003, Section 8;
Ord. 1771, 2/19/2004, Sections 12, 13, and 14]
The following requirements and guiding principles for land subdivision
shall be observed by all subdividers:
a.
Streets.
(1)
System. Local streets in a new development shall be so laid out as
to discourage through traffic. However, provisions for the extension
and continuation of arterial streets into and from adjoining areas
are required. If the subdivision abuts a present or proposed arterial
street, marginal interceptor streets, or service drives running parallel
to the arterial street, shall be provided, or the lots along the arterial
street shall front on the interior street.
If the lots resulting from the original development are large
enough for resubdivision, or if a portion of the tract is not subdivided,
suitable access and street openings for such an eventuality shall
be provided.
Dead-end or cul-de-sac streets, in general, shall not exceed
500 feet in length and must be provided a paved turn-around with a
minimum radius of 40 feet to the outside curb and of 50 feet to the
legal right-of-way.
The distance between the center lines of streets not directly
opposite but opening onto the opposite sides of an existing or proposed
street shall be no less than 125 feet.
(2)
Alignment. The minimum radius at the center line for curbs on arterial
streets shall be 500 feet; for collector streets, 300 feet; and for
local streets, it shall be 150 feet.
Except for local streets, there shall be a tangent of at least
100 feet measured at the center line between reverse curves.
Proper sight distances should be provided with respect to both
horizontal and vertical alignment. Measured along the center line,
this should be 400 feet for arterial streets, 200 feet for collector
streets, and 100 feet for local streets.
Proper sight lines shall be maintained at all intersections
of streets. Measured along the center line, there shall be a clear-sight
triangle of 75 feet from the point of intersection, and this should
be indicated on all plans. No building of present or future construction
shall be permitted in this area.
(3)
Grades. There shall be, in general, a minimum grade of at least 0.5%
on all streets; a maximum grade of 10% where no alternative is feasible.
Vertical curves shall be used in changes of grade exceeding
1%, and shall be designed for maximum visibility.
(4)
Widths. Minimum right-of-way widths shall be as follows:
Arterial streets: 90 feet.
Collector streets: 70 feet.
Local streets: 60 feet.
Pavement widths between curbs shall be within the ranges shown,
depending upon anticipated use and conditions:
Arterial streets: 36 feet minimum.
Collector streets: 32 - 36 feet.
Local streets: 26 - 32 feet.
Provision for additional street width or pavement width may
be required by the Commission in specific cases for public safety
and convenience and/or parking in commercial and industrial areas
and in areas of high density residential development.
(5)
Intersections. Multiple intersections involving the junction of more
than two streets shall be avoided and, where such avoidance is impossible,
such intersections shall be designed with extreme care for both vehicular
and pedestrian safety.
Right-angle intersections shall be used whenever practicable.
When local streets intersect collector or arterial streets, the angle
of intersection of the street center lines shall not be less than
60°.
Street curb intersections shall be rounded by a tangential are
with a minimum radius of 20 feet.
(6)
Construction Standards. All streets and related improvements, whether
public or private, shall be constructed in accordance with current
construction standards approved by the Borough Engineer.
(7)
Other Requirements. The dedication of half streets at the perimeter
of a new subdivision is prohibited. If circumstances render this impracticable,
adequate provisions for the concurrent dedication of the remaining
half of the street must be furnished by the subdivider. Where there
exists a half street in an adjoining subdivision, the remaining half
shall be provided by the proposed developer.
Reverse strips controlling access or egress are prohibited.
When the subdivision adjoins unsubdivided acreage, new streets shall
be provided through to the boundary lines of the development with
temporary easements for turnarounds; or, at the discretion of the
Commission, the entire width of the right-of-way may be paved for
a distance of 75 feet.
Streets that are extensions of, or obviously in alignment with,
existing-named streets shall bear the names of the existing streets.
All street names shall be subject to the approval of the political
subdivision.
b.
Blocks and Lots. All blocks in a subdivision shall have a minimum
length of at least 500 feet with a maximum length of 1,600 feet. Blocks
subdivided into lots shall be at least two lot depths in width except
lots along arterial streets which front on an interior street. Modifications
of the above requirements may be allowed in multifamily, commercial
or industrial developments.
In large blocks with interior parks or playgrounds, or in exceptionally
long blocks where access to a school or shopping center is necessary,
or where cross streets are impractical or unnecessary, a crosswalk
with a minimum right-of-way of 12 feet and a paved walk may be required
by the Commission.
c.
Utility Easements and Alleys. Easements for underground electric
lines shall be provided, shall be a minimum of 16 feet in width, and
shall be located along or near rear lot lines, or, where appropriate,
along or near side lot lines in all residential areas.
If any additional easements are granted by the developer in
any subdivision previously approved, whether individual lot lines
are altered or not, they shall be shown on and made a part of the
subdivision plan and shall be submitted under the resubdivision procedures
set forth herein in Section 2603.c(7).
Other than public utility structures, no structure (including
fences) nor planting (other than grass or similar ground cover) nor
any other obstruction shall be permitted within such easements unless
and until such easements are removed or eliminated as a resubdivision
procedure as set forth herein.
Alleys are prohibited in developments of detached and semidetached
houses; they may be permitted in other types of residential development.
In commercial or industrial districts without off-street loading spaces,
alleys with a minimum width of 22 feet shall be required. Where such
alleys dead-end, they shall be provided with a paved turn-around having
a radius of not less than 40 feet or a paved "Y" turn-around of sufficient
size.
d.
Required Improvements. Monuments shall be placed by the developer
at all block corners, angle points, points of curves in streets, and
at intermediate points as shall be required by the municipal Engineer.
The monuments shall be of such material, size and length as may be
approved by the Engineer.
One digital electronic file providing x, y, and z coordinate data for all monuments shall be provided to the Borough. This file shall be in a digital electronic format that complies with State College Borough's Geographic Information System technical specifications as set forth in Part C, Section 311, of this chapter.
e.
Water Supply Requirements for New Subdivision Developments. Access
to fire hydrants shall be available for any new subdivision in accordance
with this section for the protection of all buildings and properties
within the subdivision.
Any fire hydrant along a public street shall be considered available.
Fire hydrants on private property shall be considered available when
the hydrant is owned by the State College Borough Water Authority
and is accessible by the fire department.
The minimum fire flow for developments with one- and two-family
dwellings having designated front, side and rear yard setbacks of
15 feet or more or building separation of 30 feet or more shall be
750 gallons per minute.
The minimum fire flow for developments with one- and two-family
dwellings having designated setbacks of less than 15 feet or building
separation less than 30 feet shall be 1,000 gallons per minute.
The minimum fire flow for developments other than one- and two-family
dwellings shall be determined using the Needed Fire Flow method described
in the Fire Suppression Rating Schedule published by the Insurance
Services Office, Inc. (ISO).
Spacing between fire hydrants shall not exceed 1,000 feet for
one- and two-family developments and shall not exceed 600 feet for
other types of development as measured along the center line of fire
apparatus access roads. With the exception of one- and two-family
dwellings the distance to any building or structure shall not exceed
300 feet.
If the minimum fire flow is not provided, all dwellings and
occupied structures shall be provided with an approved automatic fire
sprinkler systems installed in accordance with the applicable NFPA
standard. The Fire Chief is authorized to accept a deficiency of up
to 10% of the minimum fire flow where existing fire hydrants provide
all or a portion of the fire flow. (Written notice of the deficiency
and approval shall be noted on the plan.)
f.
Fire Apparatus Access Standard.
(1)
Facilities, buildings, or portions of buildings constructed in subdivision
developments approved after the effective date of this ordinance shall
be accessible by way of an approved fire apparatus access road. The
driving surface of the access road shall be constructed of asphalt,
concrete, or other approved material and must be capable of supporting
the imposed load of fire apparatus. Private roads or driveways serving
four or fewer dwellings are exempted from the construction standard.
(2)
The paved cartway width of municipal streets used as fire apparatus
access roads shall meet Borough standards for streets notwithstanding
that the paved cartway width of any street or road (public or private)
designated as a fire apparatus access road shall not be less than
20 feet when curbed. The minimum width of a paved cartway may be reduced
to 18 feet when not curbed provided the adjacent shoulders are stabilized
to be mud free. Private roads and or driveways serving four or fewer
dwellings are exempted from the paving standard.
(3)
Dead-end and or cul-de-sac fire apparatus access roads shall not
exceed 500 feet. However, dead-end and or cul-de-sac fire apparatus
access roads may be extended to 1500 feet in length if all structures
along the access road are provided with an approved automatic fire
sprinkler systems installed in accordance with the applicable NFPA
standard and the Borough has waived the five-hundred-foot regulation.
Phased developments with an approved Master Plan may have dead-end
fire apparatus access roads exceeding 500 feet provided that the additional
phases correct the deficiency.
(4)
Any dead-end fire apparatus access road in excess of 150 feet in
length shall be provided with a turnaround with a minimum radius of
40 feet to the outside curb and 50 feet to the legal right-of-way.
(5)
Any loop road within a new subdivision shall have a boulevard type
entrance (see definition, boulevard type entrance) using separated
travel lanes each lane with a minimum width of 12 feet. The boulevard
type entrance with separated travel lanes shall be maintained for
the entire length of the loop road's stem (see definition, loop road)
within the subdivision.
g.
Fire Lanes. When necessary, the Fire Chief in concurrence with the Code Official may designate fire lanes. Designated fire lanes shall be marked on the subdivision plan. The minimum width of a fire lane shall be 20 feet. Authority for enforcing parking within fire lanes is governed by Part C, Fire Lanes, Chapter VI, of this Codification of Ordinances.
[Ord. 520, 1/21/1957, Section 7]
It shall be the duty of the Commission and any developer in
the procedure required under this ordinance to explore all possibilities
for the dedication and/or acquisition to or by the Municipality of
suitable areas for playground or recreational purposes when the same
are deemed advisable by the Recreation Board.
[Ord. 520, 1/21/1957, Section 8; amended by Ord. 1758, 9/9/2003,
Section 9]
No lot in a subdivision may be sold, no permit to erect, alter,
or repair any building upon land in a subdivision may be issued, and
no building may be erected in a subdivision unless and until the plan
of each subdivision shall have been approved and properly recorded
in accordance with the provisions of this ordinance, until the improvements
by Council in connection therewith shall have been completed or satisfactorily
guaranteed to the Municipality, and, for plans submitted after the
effective date of this ordinance, until the required digital as-built
plan has been submitted to the municipality.
[Ord. 520, 1/21/1957, Section 10; amended by Ord. 1284, 7/10/1990,
Section 24]
Where the Commission finds that extraordinary hardships may
result from strict compliance with these regulations, it may vary
the regulations so that substantial justice may be done and the public
interest secured; provided, that such variation will not have the
effect of nullifying the intent and purpose of these regulations.
[Ord. 1758, 9/9/2003, Section 10; amended by Ord. 1775, 4/27/2004,
Sections 3 and 4]
Any person who desires to consolidate lots shall be required
to consolidate such lots in the manner set forth herein. No lots may
be consolidated unless the legal or equitable title of all such lots
is held in common ownership. No lot consolidation shall be permitted
which would, by reason thereof, create a violation or nonconformity
of the zoning ordinances. No lot consolidation shall be permitted
unless and until all persons having any proprietary interest in any
of the land comprising the lots to be consolidated have consented,
in writing, to such consolidation. The term "proprietary interest"
shall include, but not be limited to, legal or beneficial owner, optionee,
purchaser, lessee and mortgagee.
a.
Procedures and Data.
(1)
Any person wishing to consolidate lots shall furnish to the Borough
Planning Department the following:
(a)
A written application, under oath, requesting such lot consolidation
and setting forth the nature of the proprietary interests, and the
identity of all persons having a proprietary interest in the lots
to be consolidated.
(b)
The consent, in writing and acknowledged, of all persons having
a proprietary interest in the lots to be consolidated.
(2)
One reproducible drawing, with a scale not less than one inch equals
50 feet, which shall show the following:
(a)
Bearings and distances of all property lines to remain;
(b)
All property lines to be removed;
(c)
Location, purpose and width of all easements;
(d)
Location, size and type of all utilities on and adjacent to
the site;
(e)
Minimum building setback lines;
(f)
Location and use of all existing structures;
(g)
North point and scale;
(h)
Appropriate space for signature of the Municipality and the
Recorder of Deeds of Centre County.
(3)
The Borough Planning Department shall have the right to request additional
information and/or evidence relative to those persons having any proprietary
interest in the lots to be consolidated, including copies of documents.
(4)
Upon receipt of an application for lot consolidation and other required
materials, the Planning Department shall refer such material to the
Borough Engineer for review and comment.
(5)
Within 30 working days of receipt of the application, the Planning
Department shall contact the applicant, by certified mail, and inform
the applicant of any omissions in the application. The applicant shall
make any necessary revisions before approval.
(6)
Upon determining that an application for lot consolidation complies
with all ordinance requirements, the Borough Planning Department shall
approve the same, in writing, which approval shall not be more than
30 working days after submission (or resubmission, if required).
The plan shall be accompanied by a deed containing the new perimeter
description that is signed, notarized, and ready for recordation,
along with the newly approved consolidation plan.
(7)
Upon approval of a lot consolidation by the Borough's Planning Department,
the Borough Engineer shall alter such Borough records, including the
real estate registry maps, so as to effectuate such consolidation,
noting the date of such approval by the Zoning Officer.
(8)
All lot consolidations shall be permanently retained in a file in
the office of the Borough Engineer.
(9)
After Borough approval, the plan and its new deed, with the new perimeter metes and bounds description as shown on the plan, shall be recorded concurrently with the Centre County Recorder of Deeds within 90 days of the plan approval date. Failure to record the plan and deed within such period shall render the plan's approval null and void. Additionally, the developer shall provide to the Borough one digital electronic file copy of the approved plan. This plan shall be in a digital electronic format that complies with State College Borough's Geographic Information System technical specifications as set forth in Part C, Section 311, of this chapter. The digital files shall be the digital representation of the plan approved by the Borough of State College and recorded with the Recorder of Deeds of Centre County.
[Ord. 1115, 10/10/1985, Section 5; amended by Ord. 1284,
7/10/1990, Section 25]
Any person, partnership or corporation who or which has violated
any of the provisions of this Subdivision and Land Development Ordinance
shall, upon being found liable therefore in a civil enforcement proceeding
commenced by the Municipality, pay a judgment of not more than $500
plus all court costs, including reasonable attorney fees incurred
by the Municipality as a result thereof. No judgment shall commence
or be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the Municipality may enforce the
judgment pursuant to the applicable rules or civil procedure. Each
day that a violation continues shall constitute a separate violation,
unless the District Justice, determining that there has been a violation,
further determines that there was a good faith basis for the person,
partnership or corporation violating the ordinance to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the 5th day following the
date of the determination of a violation by the District Justice and
thereafter each day that a violation continues shall constitute a
separate violation.
The Court of Common Pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem judgment pending a
final adjudication of the violation and judgment.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity, other than the Municipality, the
right to commence any action for enforcement pursuant to this section.
