Borough of Bath, PA Article V Design Standards

§ 580-18 Application.

A. The design standards and requirements outlined in this article will be utilized by the BPC and the Borough Council in determining the adequacy of all plans for proposed subdivisions and land developments.

B. Development shall be planned, reviewed and carried out in conformance with all Borough, state, federal and other applicable laws and regulations.

C. Whenever other Borough ordinances or regulations impose more restrictive standards and requirements than those contained herein, such other ordinances and regulations shall be observed.

§ 580-19 General standards.

A. Land shall be suited to the purpose for which it is to be subdivided. Land with unsafe or hazardous conditions such as open quarries, unconsolidated fill, steep slopes or flood-prone areas shall not be subdivided unless the subdivision plan provides for adequate safeguards which are approved by the BPC and the Borough Council.

B. Consideration shall be given to applicable provisions of the current Borough Comprehensive Plan and the JPC's Comprehensive Plan for Lehigh and Northampton Counties, emphasizing future school sites, recreation sites, water supply and sewage treatment systems, highway alignments and other public facilities. However, consideration must be given to the need for the facilities and utilities mentioned above whether or not they are proposed as part of a Comprehensive Plan.

C. The development of the proposed subdivision shall be coordinated with adjacent existing development so that the area, as a whole, may develop harmoniously.

§ 580-20 Block and lot design standards.

A. Block layout.

(1) The length, width and shape of blocks shall be determined with due regard to:

(a) Provisions of adequate sites for buildings of the type proposed;

(b) Borough zoning requirements;

(c) Topography;

(d) Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with arterial streets.

B. Block length.

(1) Residential blocks shall ordinarily be no less than 500 feet in length and no more than 1,800 feet in length (see § 580-21G regarding special conditions for cul-de-sac streets).

(2) In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection, including the necessity of providing additional fire hydrants.

(3) Where not precluded by preexisting conditions on or adjacent to the premises under review, blocks along arterial and collector streets shall not be less than 1,000 feet long.

C. Block depth. Single-family residential blocks shall be of sufficient depth to accommodate two tiers of lots, except:

(1) Where reverse frontage lots are required [see § 580-20F(3)];

(2) Where prevented by the size, topographical conditions or other inherent conditions of property, in which case the BPC and the Borough Council may approve a single tier of lots. For purposes of this subsection, the existence of preexisting streets shall not be used as a basis for defeating the requirement of double tiering lots.

D. Commercial and industrial blocks. Blocks in commercial, industrial and multifamily uses 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 traffic and pedestrian circulation, off-street parking and loading areas.

E. General lot design standards.

(1) Within the requirements of Chapter 675, Zoning, the size, shape and orientation of lots shall be appropriate for the type of development and use contemplated.

(2) Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines.

(3) Where feasible, lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.

(4) Generally, the depth of residential lots shall be not less than one nor more than three times their width.

(5) 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.

(6) If, after subdividing, there exists remnants of land, they shall be either:

(a) Incorporated in existing or proposed lots; or

(b) Legally dedicated to public use, if accepted by the Borough.

F. Lot frontage.

(1) All lots shall have direct access to an existing or proposed public street or to a private street if it meets the street design requirements of this chapter.

(2) Double- or reverse-frontage lots shall be required to provide separation of residential development from arterial streets and may be required to overcome specific disadvantages of topography or other natural features of the proposed subdivision tract.

(3) All residential reverse frontage lots shall have a rear yard with a minimum depth of 75 feet, measured along 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.

(4) No new residential lots shall be created with frontage only on an alley.

(5) No new lots shall be created with frontage less than the minimum lot width required by Chapter 675, Zoning, as amended.

G. Lot access.

(1) Except as determined by PennDOT, residential lots shall not have direct access to an arterial street. Where direct access to an arterial street cannot be avoided, due to preexisting conditions precluding development in any other manner, adequate turnaround space shall be provided within the lot behind the right-of-way line.

(2) Where access is permitted to a state road or highway, authorization from the Pennsylvania Department of Transportation must be proven by the display of a valid highway occupancy permit. Driveways to single-family residences shall intersect streets at angles of no less than 60°. All other driveways or access roads shall intersect streets at right angles, where practicable, and in no case less than 75°.

(3) Widths of access roads or driveways shall be in accordance with the following standards:

(a) On-site access road for multifamily residential mobile home parks and all nonresidential subdivisions shall be no less than 24 feet in width, shall not exceed 30 feet in width at the street line, and shall be clearly defined by use of curbing for a distance of at least 30 feet in each direction from any intersection.

(b) Driveways for single-family residential subdivisions shall be no less than 10 feet in width but shall not exceed 20 feet in width at the street line.

(4) To provide safe and convenient ingress and egress, access road and driveway entrances shall be rounded at the following minimum radii:

(a) Access road entrances for multifamily residential developments, mobile home parks and all nonresidential subdivisions shall be rounded at a minimum radius of 10 feet;

(b) Driveway entrances for single-family residential subdivisions shall be rounded at a minimum radius of five feet.

(5) Access road grades or driveway grades shall not exceed the following grades within 50 feet of intersection with the street:

(a) Seven percent when access is to an arterial street;

(b) Ten percent when access is to a collector or local street;

(c) In determining the appropriate grades for access streets, it is intended that this subsection and paragraph § 580-21D(3) will be read together, such that both requirements apply.

(6) The center line of an access road or driveway at the point of access to a street shall not be located closer to the commencement of a curb radius of a street intersection than the following distances:

[Amended 1-7-1997 by Ord. No. 510]

(a) Fifty feet for single-family residential units.

(b) For multifamily residential developments, mobile home parks and all nonresidential subdivisions:

[1] One hundred fifty feet if either street is an arterial street;

[2] One hundred feet if either street is a collector street;

[3] Fifty feet if both streets are local streets.

§ 580-21 Street design standards.

A. General requirements.

(1) Proposed streets shall be properly related to the road and highway plans of the state, county and Borough. Streets shall be designed to provide adequate vehicular access to all lots or parcels and with regard for topographic conditions, projected volumes of traffic and further subdivision possibilities in the area.

(2) The street system of a proposed subdivision or land development shall be designed to create a hierarchy of street functions which includes collector and local streets.

(3) The street system of a proposed subdivision or land development shall be designed so as to minimize street intersections and pedestrian-vehicular conflict points.

(4) Proposed local streets shall be designed so as to discourage through traffic and excessive speeds. However, the developer shall give adequate consideration to provision for the extension and continuation of arterial and collector streets into and from adjoining properties.

(5) Where, in the opinion of the Borough, it is desirable to provide for street access to adjoining property, streets shall be extended by dedication to the boundary of such property. Distances between access points to adjoining property shall be based on block length standards set forth in § 580-20B.

(6) Where a subdivision abuts an existing street of improper width or alignment, the Borough may require the dedication of land sufficient to widen the street or correct the alignment.

(7) Where a subdivision abuts or contains an existing or proposed arterial traffic street, the Borough may require marginal access streets, reverse-frontage lots, or other such treatment as will provide protection for abutting properties, reduction in the number of intersections with the arterial street, and separation of local and through traffic.

(8) Private streets (streets not to be offered for dedication) shall be approved by the Borough only if they meet the street design and improvement standards set forth in this chapter.

(9) If the lots in the 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.

(10) When a development abuts a street designated by the Borough as collector or arterial, the street shall be upgraded by developer as required to comply with the design and construction requirements of the Borough.

B. Street right-of-way and cartway widths.

(1) Street right-of-way and cartway widths in proposed subdivisions shall conform to the standards as follows:

Classification of Streets	Street Design Standards
	Local (feet)	Collector (feet)	Arterial (feet)
Right-of-way width	50	50	80
Pavement width	34	36	48
Traffic lane width	9	10	12
Parking lane width	8	(when required)
Sidewalk width	4	(when required)
Curbing	Vertical curb, rolled curb and gutter, or grassed drainage swale with no curbing, as determined by the Borough after consultation with its engineer.

(2) The general standards set forth in Subsection B(1) may be modified by the BPC upon the recommendation of the Borough Engineer or PennDOT when an analysis of proposed development densities, provisions for off-street parking, and projected traffic volumes indicate a need for such modification, utilizing the review criteria set forth in Section 512.1 of the MPC.[1] The burden of proof shall be upon the developer to justify the adequacy of rights-of-way or cartway widths which are less than those set forth in Subsection B(1).

[1] Editor's Note: See 53 P.S. § 10512.1.

C. Horizontal curves.

(1) Whenever street center lines are deflected more than 5° within 500 feet, connection shall be made by horizontal curves.

(2) Horizontal curves shall be designed to produce the following minimum sight distances:

(a) Local streets: 150 feet.

(b) Collector streets: 300 feet.

(c) Arterial streets: 600 feet.

(3) A minimum tangent of 50 feet shall be required between reverse curves on a street, and between a curve and a street intersection where one of the intersecting streets is a collector or an arterial street.

D. Street grades.

(1) There shall be a minimum center line grade on all streets of 2%.

(2) Unless approval is obtained from the Borough upon recommendation from the Borough Engineer, center line grades shall not exceed the following:

(a) Local streets: 12%;

(b) Collector streets: 8%;

(c) Arterial streets: 6%.

(3) Intersections shall be approached on all sides by leveling areas. Such leveling areas shall (have a minimum length of 75 feet (measured from the edge of the intersecting cartway, within which no grade shall exceed a maximum of 4%). In determining the appropriate grades for access roads, it is intended that this paragraph and § 580-20G(5) will be read together, such that both requirements apply.

E. Vertical curves.

(1) Vertical curves shall be used in changes of grade exceeding 1%.

(2) Vertical curves shall be designed to meet minimum sight distances according to the more stringent of standards set forth by the American Society of State Highway Officials or those adopted by PennDOT. In no case shall the minimum sight distance be less than 200 feet.

F. Street intersections.

(1) Streets shall intersect at right angles whenever practicable. When local streets intersect collector or arterial streets, the angle of intersection at the street center lines shall in no case be less than 75°. No two streets shall intersect with an angle of intersection at the center lines of less than 60°.

(2) Multiple intersections involving the junction of more than two streets shall be prohibited.

(3) Two streets intersecting a third street from opposite sides on or abutting land to be developed or subdivided shall either intersect with a common center line or their center lines shall be offset according to the following distances:

(a) The two streets shall be separated by a distance of 150 feet between center lines measured along the center line of the street being intersected when all three streets involved are local streets;

(b) The two streets shall be separated by a distance of 300 feet between center lines measured along the center line of the street being intersected when one or more of the streets involved is a collector street;

(c) The two streets shall be separated by a distance of 500 feet between center lines measured along the center line of the street being intersected when one or more of the streets involved is an arterial street.

(4) Street curb intersections shall be rounded by a tangential arc with a minimum radius of:

(a) Twenty feet for intersections involving only local streets;

(b) Thirty feet for all intersections involving a collector street;

(c) Forty feet for all intersections involving an arterial street.

(5) Street right-of-way lines shall be parallel to (or concentric with) curb arcs at intersections.

(6) Clear sight triangles shall be provided at all street intersections. Within such triangles, no object greater than 2 1/2 feet in height above the plane of the center line of the intersecting streets, and no other object that would obscure the vision of the motorist, shall be permitted. Such triangles shall be established from a distance of:

(a) Seventy-five feet from the point of intersection of the center lines of two streets where both are local streets;

(b) One hundred feet from the point of intersection of the center lines of two streets where one is a collector street;

(c) One hundred fifty feet from the point of intersection of the center lines of two streets where one is an arterial street.

(7) Wherever a portion of the line of such triangles occurs within the proposed building setback line, such portion shall be shown on the final plan of the subdivision, and shall be considered a building setback line.

G. Culs-de-sac.

(1) Dead-end streets are prohibited unless designed as cul-de-sac streets or designed for future access to adjoining properties.

(2) Any dead-end street which is constructed for future access to an adjoining property or because of authorized stage development, and which is open to traffic and exceeds 200 feet in length, shall be provided with a temporary, all-weather turning circle. The turning circle shall be completely within the boundaries of the subdivision and the use of the turnaround shall be guaranteed to the public until such time as the street is extended.

(3) Cul-de-sac streets, permanently designed as such, shall not exceed 1,000 feet in length and shall not furnish access to more than 25 dwelling units. In the case of industrial parks, a cul-de-sac shall not furnish access to more than 100 employees. Exemptions from these requirements may be granted where necessary due to unique characteristics of the site.

(4) All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turning circle. The turning circle may be offset to the left, but turnarounds offset to the right shall be prohibited.

(a) The minimum radius to the pavement edge or curb face of any cul-de-sac shall be 50 feet, and the minimum radius of the right-of-way line shall be 60 feet.

(5) The center line grade on a local cul-de-sac street shall not exceed 12%, and the grade of the diameter of the turnaround shall not exceed 5%.

H. Street names and street signs.

(1) Proposed streets which are in alignment with others already existing and named shall bear the name of the existing streets.

(2) In no other case shall the name of a proposed street duplicate an existing street name in the Borough or in the postal district, irrespective of the use of the suffix street, road, avenue, boulevard, driveway, place, court, lane, etc.

(3) All street names shall be subject to the approval of the Borough Council.

(4) Street signs shall be provided at all street intersections. The type, height and design shall be approved by the Borough Council, and shall conform to PennDOT specifications, where applicable.

§ 580-22 Sanitary sewage disposal.

A. The developer shall provide sanitary sewage disposal consistent with the Borough's official plan for sewage facilities prepared in accordance with the Pennsylvania Sewage Facilities Act (Act 537)[1] and Chapter 71 of the Pennsylvania Department of Environmental Protection Regulations, or shall assure that the Borough's facilities plan is amended to provide adequate sanitary sewer disposal facilities.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

B. Connection to a sanitary sewer system consistent with the Borough Act 537 Plan shall be required as a condition of the issuance of building permits.

C. Where a public sanitary sewer system is not yet accessible to the site but is planned for extension within a five-year period, the developer shall install sanitary sewer lines within the subdivision boundary to the point where the future connection to a public sewer system will be made. Lateral connections shall be constructed for all lots. Connections shall be available in the structures so as to allow the change from the use of the on-lot systems to the public system. Such sewer systems shall be capped until ready for use. On-lot disposal facilities shall be provided for interim use.

D. In subdivision/land developments where connection to a public sewage system is not required, on-lot sewage disposal systems shall be provided in accordance with the then current Pennsylvania Sewage Facilities Act, Chapter 73 of DEP Regulations and the requirements of the Borough Sewage Enforcement Officer (SEO).

E. Sanitary sewerage systems shall be located and/or designed to prevent flood damage and prevent or eliminate infiltration of flood waters into the system or discharges from the system into flood waters.

F. On-lot sewage disposal systems shall be located and/or designed to avoid impairment to them or contamination from them during flooding.

§ 580-23 Water supply and distribution systems.

A. The developer shall provide a water supply and distribution system to service the proposed subdivision through one of the following methods:

(1) Connection shall be made to a public water supply system where such a system exists within 150 feet of the proposed development or subdivision, or where the Bath Borough Authority, or its successor, deems a hookup to be feasible. In each case, feasibility shall require, at a minimum, that the flow capacity of such a system can adequately fulfill the then-current water supply demands of the proposed use(s), including those for fire protection of the proposed subdivision. If adequate water pressure cannot be provided by the public water supply system to the development, devises and measures which will raise the pressure to adequate levels shall be provided by the developer. The system shall be built in accordance with applicable Borough standards. A distribution system shall be designed to furnish both an adequate flow and pressure to each lot. A copy of the approval document for such a system by the Bath Borough Authority shall be submitted with the final plan.

(2) Where connection to the Bath water supply system is not immediately possible, a centralized water system will be provided by the developer where the subdivision involves 20 or more dwelling units, except where the average residential lot size is one acre or larger. Where lot sizes are one acre or larger and the subdivision involves 20 or more lots, the developer may install on-lot wells. Whenever such a system is provided, the water distribution lines shall be dedicated to the Bath Borough Authority and the Authority may acquire other parts of the water supply system, such as wells, pumps and storage tanks that will be integrated into the public water system. This will take place after the improvements are completed so that the system can be operated by the Bath Borough Authority. A copy of the approval of such a system by the Bath Borough Authority shall be submitted with the final plan. Also, such a system shall be designed and constructed in a manner that would permit adequate connection to the public water supply system in the future, and shall conform to such specifications as are developed by the Bath Borough Authority from time to time. Design and construction standards for centralized water systems are available from the Bath Borough Authority.

(3) Where connection to the Bath water supply system is not possible for reasons set forth in Subsection A(2), on-lot wells shall be provided by the developer or lot owner when the subdivision involves less than 20 dwelling units.

(4) Water supply systems shall be located and/or designed to minimize or eliminate infiltration of flood waters so as to meet Federal Emergency Management Agency requirements.

(5) Prior to the granting of final plan approval by Borough Council, the developer shall provide written certification that water and sewer service is available in accordance with the requirements of this section.

§ 580-24 Storm drainage systems.

A. Storm drainage systems shall be provided in order to:

(1) Permit unimpeded flow of natural watercourses except as modified by stormwater detention facilities required by Subsection C or open channels pursuant to Subsection B(8);

(2) Ensure adequate drainage of all low points along the line of streets;

(3) Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained;

(4) Provide positive drainage away from on-site sewage disposal systems;

(5) Take surface water from the bottom of vertical grades, lead water from springs and avoid excessive use of cross-gutters at street intersections and elsewhere;

(6) Prevent overloading of drainage systems and watercourses downstream as a result of increased rate of runoff caused by the proposed development.

B. General requirements.

(1) A site drainage plan for the proposed subdivision tract shall be prepared which illustrates the following information:

(a) Mapping of the watershed area or areas in which the proposed subdivision is located;

(b) Calculations of runoff for all points of runoff concentration within the site;

(c) Complete drainage systems for the subdivision. All existing drainage features which are to be incorporated in the design shall be so identified. If the subdivision is to be developed in stages, a general drainage plan for the entire subdivision shall be presented with the first stage and appropriate development stages for the drainage system shall be indicated.

(2) The existing points of natural drainage discharge onto adjacent property shall not be altered without the written approval of the affected landowners.

(3) No stormwater runoff or natural drainage shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on other private properties or public lands, without the consent of downstream property owners for properly handling such conditions.

(4) Storm drainage systems through the subdivision/land development shall be designed to convey the peak runoff that will occur when all tributary areas upstream are developed to the extent reasonably projected during the next 40 years. The calculation of this runoff rate shall take into account the land use and development regulations including runoff controls in effect in the tributary areas.

(5) Where a subdivision is traversed by watercourses other than permanent streams, there shall be provided a drainage easement conforming substantially with the line of such watercourse. The width of the easement shall be adequate to provide for unimpeded flow of storm runoff based on calculations made in conformance with Subsection D and to provide a freeboard allowance of 1/2 foot above the design water surface level. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations which may adversely affect the flow of stormwater within any portion of the easement. Also, periodic cutting of vegetation in all portions of the easement shall be required.

(6) Drainage facilities that are to be located on state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation and a letter indicating such approval shall be directed to the BPC. A highway occupancy permit for such facilities shall be acquired before the issuance of building permits.

(7) All streets shall be designed so as to provide for the eventual discharge of surface water away from their rights-of-way.

(8) When it can be shown to the satisfaction of the Borough Engineer that, due to topographic conditions, natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities of open channels shall be calculated using the Manning equation as explained in Appendix B.[1]

[1] Editor's Note: Appendix B is included as an attachment to this chapter.

(9) Storm drainage facilities and appurtenances shall be so designed and provided as to minimize erosion in watercourse channels and at all points of discharge.

(10) Storm drainage facilities which enable groundwater recharge are encouraged. Before designing such stormwater facilities, developer shall provide data to the Borough Engineer to permit a determination of the amount of soil preparation between the proposed finished grade elevation and the known top of bedrock elevation. After a determination by the Borough Engineer that the soil separation is adequate, recharge devices should be designed by developer in accordance with best management practices criteria maintained by the Borough Engineer. Recharge devices shall not be permitted in areas deemed inappropriate for such devices by the Borough Engineer.

C. Stormwater detention.

(1) Act 167 Ordinance: see the provisions of Borough Ordinance No. 595, the "Bath Borough Monocacy Creek Watershed Act 167 Stormwater Management Ordinance of 2007," adopted April 2, 2007.[2] Said stormwater ordinance, as amended, is hereby included by reference in this chapter, and shall be referenced herein as Chapter 560.

[2] Editor's Note: See Ch. 560, Stormwater Management.

(2) Consistency with Chapter 560. The provisions of this Subsection C shall apply except where a specific provision of the Chapter 560 supersedes this chapter under a specific provision of the Pennsylvania Storm Water Management Act.[3] In case of any differences between Chapter 560 and this section where Chapter 560 does not supersede, then the more restrictive requirement shall apply.

[3] Editor's Note: See 32 P.S. § 680.1 et seq.

(3) Where detention facilities are included as part of the storm drainage system, the following provisions will apply:

(a) Detention ponds shall be designed so that they return to normal conditions within approximately 12 hours after the termination of the storm, unless the Borough Engineer finds that downstream conditions may warrant other design criteria for stormwater release;

(b) The developer shall demonstrate that such ponds are designed, protected and located to assure that public safety is maximized and health problems are prevented, to include, but not be limited to, appropriate fencing, impermeable basins and minimum bottom slopes of the ponds;

(c) The developer shall verify that the operation of the detention facilities will not aggravate potential downstream peaking conditions;

(d) Emergency overflow facilities shall be provided for detention facilities to handle runoff in excess of the design flow of a one-hundred-year design storm;

(e) If the lands of the proposed land development remain in common ownership, the developer shall provide written assurances and financial security to the Borough to assure that the detention ponds will be properly maintained;

(f) If the lands of the proposed land development will be conveyed to two or more separate owners, the developer shall provide written assurances and financial security to the Borough to assure that the detention ponds will be properly maintained. If desired by the Borough, developer shall dedicate the land on which the detention ponds are located to the Borough for ultimate long-term maintenance.

D. Calculations of runoff and design storm frequency.

(1) Storm drainage systems required by this chapter shall be designed to provide protection from each of the following design frequency storms: two-, ten-, twenty-five-, one-hundred-year storms, as determined by the BPC.

(2) Stormwater runoff from watersheds of 200 or less acres shall be calculated by the Rational Method as described in Chapter 560, or as otherwise determined by the Borough Engineer.

(3) Stormwater runoff from watersheds of more than 200 acres shall be calculated using the Soil Cover Complex Method developed by the Natural Resources Conservation Service, or by such other appropriate method as is deemed acceptable by the Borough Engineer.

(4) Culverts shall be designed using methods acceptable to the Borough Engineer.

(5) Complete detailed drainage calculations certified by the design engineer and applicable charts and nomographs shall be submitted to the Borough Engineer and shall be subject to his approval.

E. Improvement specifications.

(1) Inlets shall be designed and located to prevent hazardous conditions for vehicles, bicycles or pedestrians and to function efficiently.

(2) The Borough Engineer should add additional specifications which may be necessary for spacing and type of inlets and manholes, minimum pipe sizes, and materials and construction methods.

F. Ownership and maintenance of stormwater facilities. A system for the ownership and maintenance responsibilities of all temporary and permanent stormwater facilities and erosion and sedimentation control facilities that is satisfactory to Council shall be established prior to final plan approval, including:

(1) Description of temporary and permanent maintenance requirements.

(2) Identification of responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent stormwater management and erosion and sedimentation control facilities.

(3) Establishment of suitable easements for access to all facilities for maintenance.

(4) Estimate of suitable funding sources to assure proper maintenance of all facilities.

(5) The Borough may, at the complete discretion of Council, decide not to accept an offer by the applicant for Borough ownership of stormwater facilities.

(6) Stormwater facilities shall be designed to require minimal maintenance.

(7) All storm drainage facilities shall be properly maintained by the party designated as responsible on the final subdivision plan, unless Council agrees to accept a change in the party responsible or the party owning the facility.

(8) Should a facility not be maintained in proper working order, Council may, after due notice to the responsible party, arrange for the needed maintenance to be accomplished with all such expenses charged to the responsible party. These expenses shall be collectible as municipal claims are now collected by law.

(9) The Borough Engineer and Zoning Officer shall have the right to enter private property to inspect storm drainage facilities, after making reasonable efforts to contact the property owner prior to any such inspection.

§ 580-25 Underground utilities and utility easements.

A. All electric utility distribution lines shall be installed underground in subdivisions or land developments of five or more dwelling units. In addition, the following design requirements shall be observed:

(1) Established public utility and state and federal governmental agency design standards shall be observed in preparing the utility plan;

(2) Utility lines to be installed within street rights-of-way shall be located according to Borough and Borough Authority requirements where applicable;

(3) Whenever practicable, telephone and cable TV utilities shall be installed underground;

(4) Streetlighting shall be provided by developer at each intersection of the development and at intervals not to exceed 350 feet between intersections;

(5) Utility lines shall be installed at the rough grade phase of construction. Utility lines shall be installed according to their depth, with the utility line installed at the greatest depth being installed first;

(6) Streetlighting styles shall be as approved by the Borough.

B. Utility easements.

(1) Utility easements shall be provided for all utility lines servicing the abutting lots when such utility lines are installed outside street rights-of-way. No structures or trees shall be placed within such easements. The location of utility easements shall be acceptable to the appropriate public utility or Bath Borough Authority.

(2) Whenever practicable, all utility lines to be installed outside street rights-of-way shall share a common utility easement.

(3) Utility easements shall be located either:

(a) Abutting the street right-of-way. In this case, a minimum easement width of 10 feet shall be required; or

(b) Along rear or side lot lines. In this case, a minimum easement width of 20 feet, 10 feet on each side of the lot line, shall be provided. Where the lot line coincides with the subdivision boundary, a minimum easement width of 20 feet may be required by the Borough Council.

C. Petroleum and natural gas transmission lines.

(1) Companies intending to install any petroleum, petroleum product or natural gas transmission line shall be requested to construct the line on not less than a fifty-foot right-of-way. Such lines are to be installed in the center of the right-of-way, and shall comply with the applicable standards imposed by state and federal laws and regulations.

(2) There shall be a minimum distance of 25 feet, measured from the right-of-way line, between any proposed dwelling unit and any petroleum, petroleum product or natural gas transmission line which traverses the subdivision.

D. Floodproofing. Facilities for gas, electric and communication utilities shall be elevated or floodproofed to a level at least one foot above the one-hundred-year flood elevation.

§ 580-26 Mobile home parks.

A. Definitions. The following definitions shall apply to these mobile home park regulations only. They shall be deemed to supplement the definitions found in Article I of this chapter. To the extent that these definitions conflict with those generally applicable within this SALDO, these definitions shall apply as to all mobile home park uses and applications.

DENSITY

Density is calculated by dividing the number of units by the gross site area.

GROSS SITE AREA

The total horizontal area of the site included within the exterior property lines of the site.

PLAN, MOBILE HOME PARK

The plan for a proposed mobile home park prepared and submitted in accordance with the provisions and regulations of this section.

B. Applicable standards and requirements. Except as otherwise provided in this Subsection B, the design and development of mobile home parks shall conform to all the general standards and requirements set forth in these regulations for subdivisions and land developments, in addition to the specific design standards set forth herein. In case of any conflict between any provision in this Subsection B and other provisions of these regulations, or duplication of provisions dealing with the same subject matter, the provisions of this Subsection B shall govern. Further, if any doubt exists in that regard, the provisions of this Subsection B shall prevail.

(1) Environmental, open space, access, density and site requirements. Mobile home parks shall comply with the following requirements:

(a) Area. The site shall contain a minimum of 25 contiguous acres.

(b) Location. Mobile home parks must have at least two points of ingress and egress separated by not less than 250 feet and shall be served by centralized water and sewer systems.

(c) Site drainage requirements.

[1] Surface water. The ground surface in all parts of the development shall be graded and equipped to drain all surface water in a safe, efficient manner. The velocity of runoff during and after development shall not exceed the limits set forth in Chapter 102, Section 102.22(c), of the Erosion Control Rules and Regulations published by the Pennsylvania Department of Environmental Protection, July 1, 1973, as amended from time to time, and further shall comply with the provisions of the Monocacy Creek Watershed Stormwater Management Plan.

[2] Wastewater. Wastewater from any plumbing fixture or sanitary sewer line shall not be deposited on the ground surface in any part of the mobile home development or the surrounding properties.

[3] Erosion and sediment control. All applicable regulations and permit requirements to prevent accelerated soil erosion and resulting sedimentation as stipulated in the Pennsylvania Department of Environmental Protection Soil Erosion and Sedimentation Control Manual, July 1, 1973, as amended from time to time, shall be followed by all parties engaged in the construction or development of a mobile home park.

(d) Soil and ground cover requirements.

[1] Exposed ground surfaces in all parts of every park shall be paved or covered with type 2A modified stone or other solid material, or protected with a plant growth that is capable of preventing soil erosion and dust emissions during dry weather.

[2] Park grounds shall be maintained free of vegetative growth which is poisonous or noxious or which may harbor rodents, insects or other harmful pests.

(e) Required separations, setbacks, buffer strips and screening. The following setbacks and distances shall apply:

[1] Minimum building setback from external roads: 40 feet.

[2] Minimum building setback from internal roads:

[a] When the long side of a mobile home forms an angle 45° or less with the center line of the street, then the setback shall be a minimum of 25 feet. In all other instances, the setback of the mobile home shall be a minimum of 15 feet.

[b] Garages, sheds and other outbuildings shall have a minimum setback of 20 feet.

[3] Minimum building setback from the property lines of adjoining private properties: 50 feet.

[4] Minimum distance between buildings:

[a] Thirty feet between long sides.

[b] Twenty feet between short sides.

[5] The maximum number of units in a row without staggering: six.

[6] Mobile home parks shall have an eight-foot-wide planting strip located within the fifty-foot setback area which abuts other properties and within the 40 feet setback area abutting public streets. Planting strips shall not be required along natural features which function as buffers and are likely to be permanently preserved, including, but not limited to, mature vegetation or significant grade changes. As a minimum, the planting strip shall consist of either of the following, as the developer may elect:

[a] Two staggered rows of evergreen trees of a type which will eventually grow to a minimum height of 20 feet at maturity and which are at least five feet high when planted and are planted not more than 20 feet on center; or

[b] Mounding or berming five feet high with maximum slopes of 3:1.

(f) Streets.

[1] General requirements. Safe and convenient vehicular access shall be provided from abutting public streets or roads.

[2] Standards.

[a] Pavement width of all residential streets serving as access to a mobile home park shall not be less than 24 feet, with a minimum center-line radii of 150 feet.

[b] Curbing is not required.

[c] Court stub streets serving as access to no more than 10 mobile home lots and having a maximum length of 350 feet may be provided without a paved turnaround area.

[3] Internal streets.

[a] All internal streets shall remain private streets, to be owned and maintained by the owner of the mobile home park. Since the internal streets are to remain private, construction specifications shall be decided by the owner of the park; provided, however, that the surface of all internal streets shall be paved with a permanent hard surface such as macadam.

[b] Notwithstanding the above, the Borough strongly recommends and encourages developers to maintain street widths of more than 24 feet, to install a stone base of not less than six inches, and to install not less than three inches of macadam as the permanent cartway.

[c] Mobile home and other types of units may have direct access only onto internal streets. Direct access from dwelling units shall not be permitted onto the street(s) from which the mobile home development gains primary access. Nonresidential uses may have direct access to the external public streets.

[4] Street names.

[a] Proposed streets which are in alignment with other already existing and named Borough streets shall bear the same name as the existing street.

[b] In no case shall the name of a proposed street duplicate an existing street name in the Borough or in the postal district encompassing the mobile home park.

[c] The developer of the mobile home park shall provide, maintain and repair all street signs within the mobile home park.

[5] Walks. All mobile homes shall be connected to a paved street by a walkway, driveway or a parking space. Walkways shall have a minimum width of two feet and may take the place of sidewalks.

(g) Parking spaces required. Two paved off-street parking spaces shall be provided for each mobile home either on the same lot or in common parking facilities, provided that the common parking facility to be so utilized is within 200 feet of the mobile home lots for which it is intended. A driveway leading to a garage or carport shall be considered one off-street parking space.

(h) Mobile home siting and stand construction.

[1] The area of the mobile home stand shall be improved to provide an adequate foundation for the placement of the mobile home.

[2] The stand shall be constructed from either concrete, asphalt concrete, or other material sufficient to adequately support the mobile home and to prevent settling, shifting or heaving under the weight of the home. The corners of the mobile home shall be anchored to prevent wind overturn and rocking with tie-downs such as concrete "dead men," screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.

[3] After a mobile home has been anchored to the mobile home stand, the hitch which is employed for the transportation of the unit shall be removed, and there shall be a decorative skirt installed around the base of the unit.

(i) Mobile home density. Density shall not exceed eight mobile homes per gross site acre.

(j) Accessory uses allowed.

[1] Recreational facilities for the use and enjoyment of residents in the mobile home park.

[2] Other uses, buildings and/or structures customarily incidental to mobile homes, such as storage sheds, screened-in porches, garages and other facilities of a like nature.

[3] Other uses customarily a part of or incidental to the main use in mobile home parks, such as a community building, recreational facilities and other buildings, structures and areas for the common use of all the residents of the mobile home park, and service and maintenance facilities for the operation and maintenance of the park.

[4] Sales facility, model area and park office.

[5] Area reserved for recreational vehicle storage.

[6] Freestanding money access machine.

(k) Pedestrian walkways.

[1] All parks shall provide safe, convenient, all-season pedestrian access between individual mobile homes, the park streets, and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.

[2] Where a common walk system is provided and maintained between locations, and where pedestrian traffic is concentrated, such common walks shall have a minimum width of four feet, and shall comply with regulations issued under the Americans With Disabilities Act.

[3] All mobile home stands shall be connected to common walks, streets, driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two feet.

(l) Common open space.

[1] At least 20% of the usable site area of the mobile home park shall be in common open space. The usable site area is that area which is free of water surfaces, severe high water table, quarries or slopes over 20%.

[2] Whenever possible, the common open space shall be designed as a contiguous area with pedestrian and visual accessibility to all residents of the mobile home park.

[3] Recreation areas and facilities shall be provided to meet the anticipated needs of the residents of the park. Not less than 10% of the usable site area, exclusive of lands within the required setback area, shall be devoted to recreation. Preferably, recreation areas should be of a size, shape and relief that is conducive to active play.

(2) Water supply.

(a) General requirements. An adequate supply of water shall be provided for mobile homes, service buildings and other principal or accessory facilities. Where a public water supply system of satisfactory quantity, quality and pressure is available, connection shall be made thereto.

(b) Private water systems. Where a satisfactory public water system is not available, a private central water supply system as approved by the appropriate department of the Commonwealth of Pennsylvania shall be provided. Individual on-lot water sources are prohibited. The water supply system shall be capable of supplying a minimum of 150 gallons per day for domestic uses per mobile home and pressure of not less than 20 pounds per square inch, under normal operating conditions, at service buildings and other locations requiring potable water supply.

(c) Metering. To the extent that the water supply is or is to be public, the system for the mobile home park shall be appropriately metered in accordance with the criteria established or to be established by the Borough Manager.

(d) Water distribution system.

[1] The water distribution system within the park shall remain privately owned and maintained by the owner of the park. Construction specifications for the internal water distribution system shall be identical to those employed by the Borough Authority for its public system, unless otherwise determined by the Borough Engineer.

[2] The water piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or backsiphonage.

(e) Individual water-riser pipes and connections.

[1] Individual water-riser pipes shall be located within the confined area of the mobile home stand at a point where the water connection will approximate a vertical position, thereby insuring the shortest water connection possible and decreasing susceptibility to water pipe freezing.

[2] The water-riser pipe shall have a minimum diameter of 3/4 inch and terminate at least four inches above the ground surface. The water outlet shall be provided with a cap when a mobile home does not occupy the lot.

[3] Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipes.

[4] A shutoff valve below the frost line shall be provided near the water-riser pipe on each mobile home lot. Underground stop and waste valves are prohibited unless the type of manufacture and method of installation are approved Borough Engineer.

(3) Sewage disposal.

(a) General requirements. An adequate and safe sanitary sewer system shall be provided for conveying and disposing of sewage from all mobile homes and from service buildings and accessory facilities in accordance with applicable regulations of the Pennsylvania Department of Environmental Protection. Where a public sanitary sewer system is available, connections shall be made thereto, and it shall be used exclusively. Where a public system is not available, a private central sewage treatment plant may be installed, if approved by the Pennsylvania Department of Environmental Protection. Individual on-lot sewage disposal systems are prohibited.

(b) Individual sewer connections.

[1] Each mobile home stand shall be provided with a four-inch-diameter sewer-riser pipe. The sewer-riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a vertical position.

[2] The sewer connection shall have a nominal inside diameter of not less than four inches and the slope of any portion thereof shall be at least 1/4 inch per foot. All joints shall be watertight.

[3] All materials used for sewer connections shall be semirigid, corrosive-resistant, nonabsorbent and durable. The inner surface shall be smooth.

[4] Provision shall be made for plugging the sewer-riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least 1/2 inch above ground elevation.

(c) Sewer lines. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system by not less than three feet lineal.

(d) Ownership and maintenance. The sanitary sewer system shall remain the private property of the owner of the park, who shall be responsible for its construction, operation and proper maintenance. Construction specifications shall be identical to those employed by the Borough Authority for its public system, unless otherwise determined by the Borough Engineer, to assure that infiltration and inflow is kept to an absolute minimum.

(4) Electrical distribution system.

(a) General requirements. Every mobile home park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with the servicing power company specifications regulating such systems and the National Electric Code.

(b) Power distribution lines. All power lines shall be located underground and shall meet the construction specifications of the servicing power company.

(c) Individual electrical connections.

[1] Each mobile home lot shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120/240 volts AC, 100 amperes.

[2] The mobile home shall be connected to the outlet receptacle by an approved type of flexible cable with connectors and a male attachment plug.

[3] Where the calculated load of the mobile home is more than 100 amperes, either a second outlet receptacle shall be installed or electrical service shall be provided by means of permanently installed conductors.

(d) Required grounding. All exposed non-current-carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved ground conductor, in accordance with power company specifications and the provisions of the National Electric Code. Neutral conductors shall not be used as equipment grounds.

(5) Insect and rodent control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the Pennsylvania Department of Environmental Protection.

(6) Fuel supply and storage.

(a) Natural gas systems.

[1] Natural gas piping systems when installed in mobile home parks shall conform to the rules and regulations of the American Gas Association.

[2] Each mobile home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.

(b) Liquefied petroleum gas systems. Liquefied petroleum gas systems provided for mobile homes, service buildings or other structures when installed shall be maintained in conformity with the rules and regulations of the National Fire Prevention Association Standards NFPA No. 57 and No. 58.

[1] Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

[2] Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.

[3] All liquefied petroleum gas piping outside of the mobile home shall be well-supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes.

[4] Vessels of more than 12 and less than 60 U.S. gallons' gross capacity may be installed on a mobile home lot and shall be securely but not permanently fastened to prevent accidental overturning.

[5] No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure.

(c) Fuel oil supply system.

[1] All fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the National Fire Protection Association.

[2] All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely, but not permanently, fastened in place.

[3] All fuel oil supply systems provided for mobile homes, service buildings and other structures shall have shutoff valves located within five inches of storage tanks.

[4] All fuel storage tanks or cylinders shall be securely placed and shall not be less than five feet from any mobile home exit.

[5] Storage tanks located in areas subject to traffic shall be protected against physical damage.

(7) Fire protection.

(a) Mobile home park areas shall be kept free of litter, rubbish and other flammable materials.

(b) Approved portable fire extinguishers shall be kept in public service buildings under park control.

(c) Fire hydrants are required with a minimum flow of 750 gallons per minute with a minimum residual pressure of 20 psi for two continuous hours. All fire hydrant thread connections shall comply with Borough requirements. Fire hydrants shall be located within 600 feet of any mobile home, service building or other structure in the park.

(d) Each mobile home shall have at least one smoke detector and a functioning handheld fire extinguisher.

C. Mobile home park management requirements.

(1) Responsibilities of the management.

(a) The person to whom a permit for a mobile home park is issued shall operate the park in compliance with these regulations and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

(b) The management, upon being given reasonable prior notice, shall give Borough officials and the appropriate departments of the Commonwealth of Pennsylvania free access to all mobile home lots, service buildings and other community service facilities during normal business hours for the purpose of inspection.

(c) The management shall maintain a register containing the names of all park occupants and the date of arrival of each mobile home. Such register shall be available to any authorized person inspecting the park.

(d) The management shall report new park residents, except transients, and departure of residents, except transients, to the Borough Tax Collector. This report shall be made not less frequently than quarterly and on a report form provided by the Borough. The report for each quarter shall be filed no later than the 15th day of the month following the end of the quarter for which the report is being filed.

D. Permits.

(1) It shall be unlawful for any person to maintain, construct, alter or extend any mobile home park or any of the facilities thereof within the limits of the Borough unless he holds a valid permit required and issued in his name for such purposes or purpose by the Borough Council.

(2) An application for a mobile home park permit shall be approved by the Borough Council only after all requirements of this chapter are met.

(3) Application for renewal of a mobile home park permit shall be made to the Borough Council at least 30 days prior to the expiration date of a permit. The renewal of a mobile home park permit shall be issued by the Borough Council upon furnished proof by the applicant that the park continues to meet the standards and requirements for the issuance of an original permit.

E. Payments to Borough. "Impact fees" and similar fees, charges, contributions or payments shall be payable to the Borough or any municipal authority in connection with the development of a mobile home park in like manner to any other residential subdivision.

§ 580-27 Environmental protection and open space preservation.

A. Erosion and sedimentation control.

(1) All earthmoving activities shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation.

(2) No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced until a plan setting forth erosion and sedimentation control measures for the site has been prepared and approved by both the Northampton County Conservation District and Borough Council, after consultation with the Borough Engineer.

(3) The soil erosion and sedimentation control plan and measures used to control erosion and sedimentation shall meet the standards and specifications set forth in the Pennsylvania Department of Environmental Protection Soil Erosion and Sedimentation Control Manual and Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection.

(4) All erosion and sedimentation control plans shall be submitted with the preliminary plan as set forth in § 580-16F(4) of this chapter.

(5) Where the earthmoving activity affects one acre or more, the soil erosion and sedimentation control plan must be submitted to the Northampton County Conservation District for review together with a NPDES permit application for review (if applicable). An NPDES permit must be granted by the Pennsylvania Department of Environmental Protection.

B. Natural feature preservation.

(1) The design and development of all subdivisions and land developments shall preserve, whenever possible, natural features which will aid in providing adequate open space for recreation and conditions generally favorable to the health, safety and welfare of the residents. Some of these natural features are the natural terrain of the site, woodland areas, large trees, natural watercourses and bodies of water, wetlands, rock outcroppings, and scenic views. More detailed standards concerning the preservation of specific natural features are set forth in the following sections.

(2) Floodplain regulation.

(a) A map illustrating flood elevations for the tract for a one-hundred-year flood, where applicable, shall be submitted as part of the preliminary review materials as set forth in § 580-15. The flood elevation map shall be based on the Borough flood insurance rate map prepared by the Federal Emergency Management Agency (FEMA). When not available, the map shall be based on estimated one-hundred-year flood elevations or estimated areas subject to flooding based on best available data.

(b) A developer shall adhere to the following standards within areas designed as regulatory floodways and flood-fringe areas on the flood elevation map:

[1] No buildings are to be constructed in regulatory floodways. Other encroachments may be permitted, provided that the encroachment will not cause any increase in the one-hundred-year flood elevation at any point. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream.

[2] Structures may be permitted in flood-fringe areas provided that the lowest floor surface (including basement) is elevated at least one foot above the one-hundred-year flood elevation and that the proposed improvements will not measurably increase the water surface elevation of the one-hundred-year flood at any point. The lowest floor surface of nonresidential structures may be constructed below the one-hundred-year flood elevation, provided that below this elevation, the structure is watertight with walls substantially impermeable to the passage of water and is designed with structural components having the capability of resisting forces caused by floodwater.

(3) Tree preservation and planting.

(a) Trees six inches or more in diameter (measured at a height 4 1/2 feet above grade) shall not be removed unless they are located within the proposed cartway or sidewalk portion of a street right-of-way, or within 15 feet of the foundation area of a new building. Areas in which trees are retained shall remain at original grade level and undisturbed wherever possible.

(b) Where no existing trees are retained along street rights-of-way, trees shall be planted at intervals of between 50 feet and 100 feet on both sides of the street, but in no instance shall there be less than one tree per lot. Trees shall not be retained or planted within three feet of the street curb or the sidewalk. Trees may be retained or planted between the street curb and the sidewalk if there is a minimum distance of six feet.

(c) A landscape plan shall be drawn for all commercial, industrial, planned residential, mobile home park, and multifamily developments. The plan shall show existing and proposed vegetative cover.

(d) The landscape plan shall include trees in addition to those required along the street rights-of-way. The following standards are to be used as a guide to the number, not the spacing or location, of additional trees required:

[1] One tree per dwelling unit;

[2] One tree per 50 feet linear of newly constructed street.

(e) The Borough shall approve all species proposed by developer for installation. Consideration shall be given in species selection to disease resistance, storm resistance and any known nuisance qualities.

(4) Topography. The existing terrain of the proposed tract shall be retained wherever possible with cut-and-fill operations being kept to a minimum. Areas with slopes of 25% or greater shall not be planned for development or disturbance, except as permitted under the Borough of Bath Zoning Ordinance.[1]

[Amended 8-3-2020 by Ord. No. 2020-694]

[1] Editor's Note: See Ch. 675, Zoning.

(5) Topsoil protection. Topsoil shall not be removed from the development site or used as fill. Topsoil shall be removed from the areas of construction and stored separately. The topsoil shall be stabilized to minimize erosion during storage. Upon completion of the construction, topsoil must be uniformly redistributed on the site to a minimum depth of four inches.

C. Open space dedication, recreation areas and fees in lieu of land dedication. Subdividers and developers shall dedicate land or fees to the Borough for parks, recreation and open space, and/or pay fees or provide facilities in lieu thereof in accordance with the following provisions:

[Added 4-3-1995 by Ord. No. 478]

(1) Applicability. This Subsection C shall be effective with respect to any subdivision or land development for which a preliminary plan or a combined preliminary/final plan is submitted after the enactment of this § 580-27, except that this section shall not apply to:

(a) Submittals that the Borough Council determines only involve clearly minor adjustments or corrections to a preliminary plan that was duly submitted and actively under consideration or approved prior to the enactment of this revision;

(b) Minor subdivisions. Residential subdivisions containing no more than two lots and not requiring any new street or road or involving the extension of any municipal or other centralized sewage disposal or water supply services; or

(c) Resubdivisions. Any replatting or resubdivision of land, limited to changes in lot lines on approved final plans or recorded plans as specified in this chapter. Other replattings shall be considered as constituting a new subdivision of land.

(2) Land dedication in subdivisions and land developments.

(a) Except as provided in Subsection C(6) through (10) of this Subsection C, each subdivision or land development regulated under this section shall be required to dedicate to the Borough an amount of suitable common open space equal to 6% of the total land area of the subdivision or land development, which shall contain at least 1,100 square feet of useful space [as defined in Subsection C(2)(b) below] per dwelling unit. Should more than 6% of the land area be required in order to meet the minimum requirement of 1,100 square feet of useful open space per dwelling unit, then the stricter standard shall apply.

[1] The residential land and fee requirements of this Subsection C shall be based upon the maximum number of new dwelling units that would be permitted to be constructed on the lots of subdivision or land development after the plan is approved.

Nonresidential Subdivisions and Developments
Percentage of the Total Amount of "Useful Open Space" Which is "Prime Open Space"	Minimum Required "Useful Open Space" Per 1/2 Acre (or portion thereof) of Gross Predevelopment Tract
At least 25%, but not greater than 50%	1,200 square feet
Greater than 50%, but not greater than 75%	1,000 square feet
Greater than 75%	800 square feet

[2] Any land proposed for dedication under this Subsection C for which less than 25% of the useful open space is prime open space shall be deemed unsuitable.

(b) Useful open space. For the purposes of this section, the term "useful open space" shall mean land proposed to be dedicated as common open space which:

[1] Has adequate access for maintenance and for pedestrians;

[2] Is not within a stormwater detention basin, unless the developer or subdivider proves to the satisfaction of the Borough Council that the stormwater detention basin (or the portion thereof which the developer or subdivider desires to have classified as "useful open space") is designed so that it clearly would regularly be usable for recreation during all times, except immediately following a fifteen-year storm of greater intensity;

[3] Is not required to be provided under another section of this chapter or another Borough ordinance;

[4] Is not within 15 feet of any principal building;

[5] Is not within 15 feet of a parking area (other than parking areas specifically developed to serve the open space); and

[6] Is part of a total contiguous tract of common open space which contains at least 0.5 acre and is of such geometry that it provides sufficient spatial ability to conduct normal public recreation activities (i.e., is not sinewy or otherwise unusable for a broad range of recreational activities), unless purposefully and knowingly designed in a more linear fashion with the consent of the Borough to accommodate trails or paths, environmental protection, or scenic easements.

(c) Prime open space. For the purposes of this section, the term "prime open space" shall mean land proposed to be dedicated as common open space which:

[1] Has a slope of less than 6% over all distances of no more than three feet;

[2] Is not a wetland under the applicable federal or state regulations;

[3] Is part of a contiguous tract of at least two acres, which may include preexisting adjacent common open space;

[4] None of which is within the "one-hundred-year floodplain," as defined by official floodplain maps of the Borough; and

[5] Has topsoil to a depth of four inches or more at all points.

(3) Suitable common open space to be dedicated.

(a) Land to be dedicated under this Subsection C shall be suitable, prior to dedication, for its intended purpose, as determined by the Borough Council.

(b) The following factors shall be considered in determining the suitability of common open space to adequately serve intended recreational needs:

[1] Whether common open space in the proposed location would be suitable for active or passive recreation;

[2] Whether common open space could be added to an existing adjacent recreation area;

[3] Whether the area surrounding the proposed development has sufficient existing recreation and open space land, and whether it is possible for young pedestrians and bicyclists to safely reach those lands;

[4] Recommendations of the Borough Park and Recreation Board, which shall be given an opportunity to provide a review;

[5] Relevant policies of the Borough recreation plan;

[6] Whether the proposed open spaces would preserve important natural features (such as woodlands or creek valleys) that might otherwise be disturbed or adversely affected;

[7] Whether the area will involve a significant concentration of residents, especially in homes without large yards;

[8] Whether it will be possible to combine common open space on this tract with additional open spaces on an adjacent tract, when that tract is developed in the future;

[9] Whether the proposed common open space is centrally located to reasonably serve all residents in the proposed development; and

[10] Any other factor set forth in this Subsection C, or deemed relevant to the particular tract by the Borough.

(c) The Borough Council may require that land to be dedicated under this § 580-27 be located along an edge of the property so that it may, in the future, be combined with an open space dedication on the edge of an adjoining property when that adjoining property is subdivided or developed, and/or so that it may be combined with an existing adjacent open space dedicated for open space or recreation purposes. If the developer or subdivider owns one or more adjacent tracts that are not currently proposed to be subdivided or developed (or is not currently planning to develop all of the original tract being subdivided), the developer or subdivider shall provide a sketch of a possible future land dedication on the adjacent lands (or the undeveloped portion of the original tract) in the event of future development.

(d) The developer or subdivider shall state in his application those improvements (if any) he/she intends to make to the land proposed for dedication hereunder to make it suitable for its intended purpose, such as rough grading, drainage improvements, landscaping, clearance of undesirable vegetation or development of trails. Such land shall be free of construction debris, excavated materials and solid waste prior to dedication.

(e) Areas intended for active recreation shall be well-drained, shall have a slope of no greater than 4% over all distances of no more than three feet, and not require that a wetland be filled in order to be used as intended.

(4) Condition of common open spaces. All common open spaces to be dedicated to the Borough shall be improved, if necessary, by the developer or subdivider prior to acceptance of dedication by the Borough, so that all of the following conditions are satisfied:

(a) Topsoil. All common open spaces to be dedicated to the Borough shall include a minimum of four inches of good quality topsoil, unless the applicant proves to the satisfaction of the Borough Council that such land did not naturally include such cover.

(b) Lawn areas. Unless wooded, all common open spaces shall be in lawn prior to dedication, and shall be improved in accordance with the following requirements:

[1] Materials.

[a] Seed mixture. All seed shall be delivered in the original packages, unopened, which shall bear a guaranteed analysis by the vendor and shall be approved by the Township.

Seed	By Weight	Purity	Germination
Kentucky Bluegrass	49%	98%	85%
Linn Perennial Ryegrass	30.35%	98%	90%
Annual Ryegrass	19.60%	98%	90%
Other Crop Seed	0.20%
Inert Matter	0.75%
Weed Seed	0.10%
	100%	Tested: __________

[b] Fertilizers. Fertilizer shall be a composite and shall bear manufacturer's guaranteed statement of analysis and shall have at least 25% by weight of the nitrogen content of the fertilizer derived from organic material. Fertilizer distribution may be hopper or drill type.

	Nitrogen	Phosphorus	Potash
Type I: Basic Fertilizer for Lawns	6	10	4
Type II: Starter Fertilizer for Lawns	10	10	10

[c] Ground limestone. Shall be raw, ground agricultural limestone containing more than 90% calcium carbonates, 50% to pass 100-mesh sieve, 90% to pass 20-mesh sieve.

[d] Mulch. Shall be clean oat straw free from mature seed-bearing stalks or roots of "prohibited noxious weeds seeds" or "restricted noxious weed seeds" as defined by the Pennsylvania Seed Act of 1965,[2] or wood cellulose fiber processed to contain no growth or germination inhibiting factors and dyed an appropriate color to facilitate visual metering of the application of the materials.

[2] Editor's Note: See 3 P.S. § 285-1 et seq.

[e] Tool/equipment. Shall be hand tools, machinery and equipment normal to the trade. If a roller is used, it shall weigh not more than 100 pounds per foot of width.

[2] Preparation.

[a] Grade as necessary to bring the grade to a true, smooth slope for areas which are to be seeded.

[b] Apply type II fertilizer at the rate of 20 pounds per 1,000 square feet.

[c] Apply ground limestone at the rate of 100 pounds per 1,000 square feet.

[d] Materials listed above shall be uniformly applied and thoroughly incorporated into the soil by rototilling or other approved method to a minimum depth of four inches. The entire surface shall then be regraded and rolled.

[e] Any surface irregularities shall be corrected in order to prevent pocket or low area formation which will allow water to stand.

[f] York rake and clean the surface of all stones larger than 1 1/2 inches in diameter or any other substances which will interfere with turf development or subsequent mowing operations.

[3] Seeding.

[a] The subdivider shall, at his own expense, seed or sod all areas outside the lands to be dedicated to the Borough which have been disturbed by the work performed on lands to be deeded to the Borough.

[b] Seeding shall be done in two separate operations.

[c] The second seeding shall be done immediately after the first and at right angles to the first seeding and lightly raked into the soil.

[d] Mulch seeded areas with straw at the rate of two tons per acre. Take precautions to stabilize the mulch and to keep the area undisturbed until the grass is established. Apply wood cellulose as recommended by the manufacturer.

[e] Those areas around storm drainage structures or in steep drainage swales shall be sodded with an approved sod and as directed to eliminate erosion.

[4] Seeding alternate. Hydro-seeding with approved hydraulic seeding equipment may be used to sow seed, fertilizer, lime and wood cellulose fiber mulch in one operation. Prepare the area then apply seed, lime stone, fertilizer and wood cellulose fiber as indicated previously.

[5] Repairs. Repair by filling with topsoil, tamping, refertilizing and reseeding areas where damage resulting from erosion, gullies, washouts or other causes is evident before acceptance of the area.

[6] Maintenance.

[a] Maintain lawns by weeding, watering, mowing, and replanting as necessary until the third cutting and as much longer as necessary to establish a uniform stand of specified grass and until accepted. Make the first cutting when grass has reached the height of three inches, cut to 2 1/2 inches.

[b] Scattered bare spots, smaller than one square foot, will be allowed up to 1% of the lawn areas.

[c] If seeded areas are not up to specified standards, the developer's responsibility for maintenance shall be extended until new grass is established. Reseeding shall conform in all respects to these specifications.

(c) Fencing. Fencing, which satisfies the following minimum specifications, shall be installed around the perimeter of the common open space and/or community recreational facilities to be dedicated and/or the accesses thereto, in the discretion of the Borough, unless waived by the Borough for good cause shown:

[1] Fabric. The base metal shall be nine-gauge wire (W&M) with a minimum tensile strength of 80,000 psi after coating, ASTM Specifications A392 or A491.

[2] Size. The one-inch mesh fabric shall be a minimum height of 42 inches with an acceptable tolerance of plus or minus two inches.

[3] Plastic coating. All metal shall be coated with seven mil polyvinyl chloride, woodland green coating. The coating shall have an even thickness, a specific gravity of 1.3 and be free of blisters. The bond between the vinyl coating and the metal shall be equal to or greater than the cohesive strength of the plastic.

[4] Posts, rails and frames. Ten to 15 mil thickness coated inside and outside by the fusion-bond system.

[5] Post tops. Caps for posts shall be vinyl-coated malleable iron or pressed steel and shall be ornamental standard tops with adequate design and provisions for a tight slipjoint for the top rail.

[6] Post and frame ties. Six-gauge vinyl-coated wires shall not exceed fourteen-inch spacing.

[7] Top and bottom rail ties. Nine-gauge vinyl-coated wires shall not exceed twenty-four-inch spacing.

[8] Stretcher bars shall be not less than 1/4 inch thick and 3/4 inch wide and shall be of a length one inch less than the full height of the fabric and shall be thoroughly threaded through the fabric and properly secured to the terminal posts with 11 gauge, one-inch-wide bands and 3/8 inch bolts and nuts at a spacing not to exceed 14 inches.

[9] Gates shall be vinyl-coated aluminum pressure-welded at all joints. All gates installed, whether pedestrian or equipment access, shall be complete with locks, latches, stops and removable panel hinges.

[10] Installation. The fence, when installed, shall be plumb, taut, true to line and grade and complete in all details. When splicing of the fabric is necessary, interweave an additional coated steel wire of the same gauge between the two ends of the fabric to provide a neat uniform surface.

[11] Post spacing. Line posts shall be equally spaced not farther apart than 10 feet on centers.

[12] Post setting. All posts shall be of sufficient length to allow for a depth of approximately three feet below finished ground level and shall be set plumb and vertical in a 3,000# concrete footing 12 inches by 12 inches by three feet and six inches below the bottom of the post.

(d) Permanent monuments. Permanent concrete monuments shall be placed in all locations where a change in horizontal alignment occurs on the property line of the land to be conveyed to the Borough for parks or recreational use.

(e) Maintenance obligations. The maintenance obligations for said lands shall not be undertaken by the Borough until all of the requirements of this Subsection C(4) have been satisfied.

(5) Terms of dedication. All common open space dedicated under this Subsection C shall include deed restrictions to permanently prevent the development of nonpublic buildings, except buildings for noncommercial recreation to support the maintenance of the land for recreation. Public buildings shall be permitted in common open space.

(6) Alternate beneficiaries of common open space dedication (other than Borough).

(a) Common open space required under this Subsection C shall be dedicated to the Borough, unless the Borough Council agrees to allow a dedication to any of the following: the Northampton Area School District, the County of Northampton, the Commonwealth of Pennsylvania, the United States of America, a municipality authority, a condominium association or homeowners' association, or an environmental organization acceptable to the Borough Council. In the case of a rental development, the Borough may permit the common open space to be retained by the owner of the residential buildings. In all of the above instances, deed restrictions acceptable to the Borough Solicitor shall be inserted into the deed of the common open space land stipulating that such land shall be reserved in perpetuity for open space and recreation or other public purposes.

(b) If required common open space is to be owned by a condominium association or homeowners' association, the developer shall establish such association in a form that requires all property owners within the development to annually contribute to the maintenance of the common open space. Provisions of any condominium association or homeowners' association agreements regarding required common open space shall be subject to acceptance by the Borough Council, based upon review by the Borough Solicitor.

(7) Fees in lieu of land dedication.

(a) In general. Fees, in the amount provided in this Subsection C(7), may be accepted in lieu of the dedication of common open space if both the developer or subdivider and the Borough Council agree. In any case where, in the opinion of Borough Council, the developer or subdivider does not or cannot offer a sufficient amount of land for common open space, the developer shall pay the recreation fee in lieu of land dedication. Whenever fees are permitted or required, the developer or subdivider shall place a note on the preliminary and final record plans stating that such fees are required to be paid as part of the subdivision or land development approval.

(b) Combination of land and fees. The Borough Council and the developer or subdivider may agree on any combination of common open space dedication and payment of recreation fees, provided that the value of the combination to the Borough, its residents, and/or persons employed in the Borough, is consistent with the requirements of this Subsection C when only land is dedicated or only fees are paid.

(c) Fees for residential subdivisions or developments. The amount of fees to be paid in lieu of common open space land dedication in residential subdivisions or developments shall be the greater of 6% of the value of the land to be developed, after infrastructure improvements, or $1,500 per dwelling unit, based upon the maximum number of new dwelling units that would be permitted to be constructed on the lots of the subdivision or land development after the plan is approved, and said fees shall be payable prior to the recording of the final plan.

(d) Fees for nonresidential subdivision or development. The amount of fees to be paid in lieu of common open space land dedication in nonresidential subdivisions or developments shall be $750 per 1/2 acre (or portion thereof) of disturbed area of the tract being subdivided or developed, and said fees shall be payable prior to the recording of the final plan.

(e) Adjustment of fees. The Borough Council may, from time to time by resolution, adjust the fees set forth in Subsection C(7)(c) and (d).

(8) Use of fees.

(a) Any fees collected under this section shall be placed within an interest-bearing account and shall be accounted for separately from other Borough funds.

(b) The lands and facilities dedicated or provided hereunder must be easily and safely accessible to the residents and employees of the developments that paid fees toward their cost. Except as provided in Subsection C(8)(d), all fees collected under this Subsection C with respect to any given subdivision or land development shall only be expended for parks, recreation and open space areas within 1,000 feet of all or part of the subject subdivision or land development.

(c) Such fees shall only be used for costs related to the acquisition or development of public open space for recreation or public recreation facilities.

(d) A portion of the fees for each subdivision or land development may also be used for the acquisition and development of centrally located park or recreation area(s) providing programs and facilities for the entire Borough.

(9) Timing of fees. Fees to be paid under this Subsection C in lieu of common open space land dedication shall be paid prior to the recording of the final plan, except as follows:

(a) If the required fee would be greater than $3,000, and the applicant and the Borough mutually agree to provisions in a binding development agreement to require the payment of all applicable recreation fees prior to the issuance of any building permits within each clearly defined phase of the development, then the fees are not required to be paid prior to recording of the final plan but may instead be paid within the requirements of that development agreement.

(10) Modifications to land dedication and fee requirements. The Borough Council may reduce the land dedication or fee requirements of this Subsection C if the subdivider or land developer agrees to undertake one or more of the following actions, provided that the value of the combination of land, fees, and such actions to the Borough, its residents, and/or persons employed in the Borough, is consistent with the requirements of this Subsection C when only land is dedicated or only fees are paid:

(a) Construction of substantial permanent recreation facilities within the proposed subdivision or land development and/or existing public open space;

(b) Donation (or sale at a price below market value) of appropriate land to the Borough [or any other public entity described in Subsection C(6)] for public recreation. In the case of a sale under this clause, the subdivider or land developer must provide evidence of the fair market value of the property from qualified professionals.

(11) Improvements guarantee. Before the Borough Council approves any final plan in connection with which the developer or subdivider is required to dedicate any land pursuant to this Subsection C and for which improvements are required under this chapter, the developer or subdivider shall deliver to the Borough Council a performance guarantee as set forth in § 580-30A, a maintenance guarantee as set forth in § 580-30B, indemnification and hold harmless guarantees as set forth in § 580-30C(1), and insurance as set forth in § 580-30C(2) of this chapter.