A.
The standards and requirements contained in this article are intended
as the minimum for the promotion of the public health, safety and
general welfare, and shall be applied as such to all subdivision and
land development plans under review by the Planning Commission and
the Borough Council.
B.
Subdivision and land development plans shall give due recognition
to the Official Map of the Borough.
C.
The plan of the proposed subdivision or land development shall be
coordinated with existing adjacent development in order to provide
for harmonious development of the area as a whole and promote efficient
and uninterrupted vehicular and pedestrian circulation.
D.
Lands subject to hazards to life, health or property, such as may
result from fire, flood, disease or other causes, shall not be subdivided
or developed for building purposes until all such hazards have been
eliminated or adequate safeguards against such hazards are provided
by the subdivision plan.
E.
Whenever municipal or other applicable regulations impose more restrictive
standards and requirements than those outlined herein, such regulations
shall control.
Bridges and culverts shall be designed to meet the requirements
and approval of the Borough Engineer with regard to adequacy and location.
Wherever the drainage area involved consists of more than 1/2 square
mile, a permit shall be obtained from the PADEP, Commonwealth of Pennsylvania,
and submitted to the Borough Council, who shall make appropriate notation
of receipt of same upon, and prior to approval of, the preliminary
plan. All culverts and bridges not under the Department of Environmental
Protection shall be designed for a fifty-year storm.
A.
In reviewing subdivision plans, the Planning Commission shall consider
the adequacy of existing or proposed community facilities to serve
the additional dwellings proposed by the subdivision or land development.
B.
Applicants shall provide or reserve areas for community facilities
appropriate to the scale of residential development proposed, such
as libraries, schools and other public buildings, parks, playgrounds,
and play fields. The applicant shall refer to the Borough Comprehensive
Plan and/or Open Space, Recreation and Environmental Resources Plan,
as applicable, and any other official plans which may be adopted.
C.
Areas provided or reserved for such community facilities shall be
adequate to provide for building sites, landscaping, and off-street
parking as appropriate to the use proposed. Such areas shall be located
in a manner to best serve the public likely to use the same and to
utilize, to the greatest degree, any topographical features.
A.
General. The length, width and shape of development patterns shall
be determined with due regard to:
(1)
Providing adequate area to accommodate lots and sites for buildings
of the type proposed;
(2)
Requirements for safe and convenient vehicular and pedestrian
circulation;
(3)
Topography and natural and scenic resources.
(4)
Conservation of historic resources.
(5)
Adequacy of existing utilities or proposed extension thereof.
B.
Commercial and industrial development patterns. Patterns in commercial and industrial areas may vary from the elements of design detailed above if required by the size, scope and nature of the proposed use. In the case of commercial and industrial patterns, adequate provisions shall be made for off-street parking and loading areas, in accordance with Chapter 290, Zoning, of this Code, as well as for traffic circulation and parking for employees and customers.
A.
Earth disturbance activities are regulated herein and under existing
state law and implementing regulations. These provisions shall operate
in coordination with those parallel requirements; the requirements
of this chapter shall be no less restrictive in meeting the purposes
of this chapter than state law.
B.
All earth disturbance activities of the following kinds shall be designed, implemented, operated and maintained in compliance with this chapter and Chapter 225, Stormwater Management, of the Code.
C.
No earth disturbance activity shall commence until the requirements
of this chapter have been fulfilled.
D.
Erosion and sediment control plan. The plan shall meet all requirements
of applicable state laws and regulations, including the Pennsylvania
Clean Streams Law and 25 Pa. Code Chapter 102, Erosion and Sedimentation
Control Rules and Regulations, as amended, as well as all standards
of the Pennsylvania Department of Environmental Protection Erosion
and Sediment Pollution Program Control Manual, as amended. For that
part of the Borough included in special protection waters (French
Creek basin), standards contained within the Special Protection Waters
Implementation Handbook and all subsequent guidance, as applicable,
also shall be met.
(1)
The plan shall identify all areas where earth and/or vegetation
is to be removed.
(2)
The plan shall show the type of vegetation intended to be removed.
(3)
Where phased development will occur, the general timing or phasing
for disturbance shall be indicated.
(4)
The plan shall identify the intended devices or methods intended
to control erosion such as temporary vegetation, temporary detention
basins, diversion terraces, rock filter berms, and silt fences.
E.
Erosion and sediment control during earth disturbance activities:
(1)
No earth disturbance activity shall commence until approval
of an erosion and sediment control plan to be submitted by an applicant
for subdivision or land development approval at the time of preliminary
and final plan submittals.
(2)
The erosion and sediment control plan shall be prepared by a
person trained and experienced in erosion and sediment control methods
and techniques and shall encompass the minimum limit of disturbance
necessary to construct the required improvements.
(3)
Subdivision and land development applicants shall also comply
with PADEP regulations that require submittal of erosion and sediment
control plan for any earth disturbance activity of 5,000 square feet
or more, and that require implementation and maintenance of erosion
and sedimentation control BMPs to minimize the potential for those
activities which disturb less than 5,000 square feet under 25 Pa Code
Chapter 102.
(4)
Subdivision and land development applicants shall also comply
with 25 Pa. Code Chapter 92a and obtain a PADEP "NPDES Construction
Activities" permit for regulated earth disturbance activities. Evidence
of any necessary permit(s) for regulated earth disturbance activity
from the Southeast Regional DEP Office or Chester County Conservation
District must be provided to the Borough prior to the commencement
of any earth disturbance activity for which any such permit may be
required.
(5)
The limit of disturbance shall be delineated in the field prior
to any clearing or earth disturbance activities and shall remain in
effect during all construction activities on the site. The limit of
disturbance delineation shall consist of the placement of four-foot
temporary fencing of a highly visible color.
F.
Until the site is stabilized, all temporary erosion and sediment
control BMPs must be maintained properly. Maintenance must include
inspections by the applicant/developer of all erosion and sediment
BMPs after each rainfall event and on a weekly basis. All preventive
and remedial work, including cleanout, repair, replacement, regrading,
reseeding, remulching, and renetting must be performed immediately.
If erosion and sediment control BMPs fail to perform as expected,
then immediate replacement BMPs or modifications of those controls
previously installed is required.
G.
Erosion and sediment control designs shall comply with the Borough's
separate storm sewer system (MS4) NPDES II permit requirements, including
the necessary total maximum daily load (TMDL) requirements. Stream
and stormwater runoff from the site may be required to be tested by
the applicant for all pollutants as listed in the approved TMDL plan.
Any pollutant increases must be mitigated to return the site runoff
to the original pollutant levels or below. Mitigation measures shall
be proposed by the applicant and approved by the Borough.
H.
Grading. All proposed earth disturbance activity shall comply with
the following standards related to grading and earthwork:
(1)
Natural and existing slopes exceeding one vertical unit to four
horizontal units shall be benched or continuously stepped into competent
materials prior to placing all classes of fill. Cut slopes shall not
exceed one vertical unit to three horizontal units, except that cut
slopes up to one vertical unit to two horizontal units may be permitted
where the Borough is satisfied that such slopes will reduce the negative
impacts of the grading disturbance overall and that adequate erosion
control is provided.
(2)
Fills toeing out on natural slopes steeper than one vertical
unit to three horizontal units shall not be made unless approved by
the Borough after receipt of a report by a soils engineer certifying
that they have investigated the property and made soil tests and that,
in their opinion, such steeper slopes will safely support the proposed
fill.
(3)
Fill areas shall be properly prepared prior to the placement
of any new material. If excessive wetness, springs or other seepage
of water can be observed, drainage must be provided before placement
of fill is undertaken. Under no circumstances shall fill be placed
upon frozen ground or ground underlain by tree stumps, branches or
other material subject to rot or decomposition.
(4)
The top or bottom edge of filled or cut slopes shall be at least
three feet from property or right-of-way lines of roads in order to
permit the normal rounding of the edge without encroaching on the
abutting property or right-of-way line.
(5)
Retaining walls, including all tiebacks, shall not be permitted to be installed within the public or private right-of-way or directly adjacent to the right-of-way that may impact the safety and welfare of the general public. All walls, retaining or otherwise, shall be set back from the right-of-way line or property line a minimum distance of the wall height, unless a stricter requirement is provided for within Chapter 290, Zoning, of this Code.
(6)
Adequate provisions shall be made for dust control as deemed
acceptable by the Borough.
(7)
All graded surfaces shall be seeded, sodded, planted or otherwise
protected from erosion as soon as practicable and shall be watered,
tended and maintained until growth is well-established at the time
of completion and final inspection.
The finished grading for a street or cul-de-sac shall extend
the full width of the required right-of-way. The maximum slope between
right-of-way line and top of curb or edge of the cartway if there
is no curb shall be one inch per foot, except that the area from the
outside edge of sidewalk to the curb or edge of road shall slope 1/4
inch per foot, unless otherwise permitted by the Borough Council.
Wherever a public water distribution system is provided or available,
a fire protection water system suitable for the coupling of equipment
serving the Borough shall be installed. Fire hydrants shall be installed
as specified by the Insurance Services Office of Pennsylvania and
shall comply with local fire company standards. Location of hydrants
shall be subject to approval by Borough Council.
A.
Generally, all fire hydrants shall be located on a line of six inches'
minimum diameter. Where a dead-end line is required to contain a fire
hydrant, the portion of the line between the main loop and the hydrant
shall be an eight-inch minimum diameter.
B.
Fire hydrants shall be spaced in a development so that all proposed
building(s) will be no more than 600 feet from the hydrant measured
along traveled ways.
C.
All public water systems shall provide a minimum of 500 GPM at a
residual pressure of 20 psi for a two-hour period.
The regulation of floodplains shall be in accordance with Chapter 140, Floodplain Management, of this Code.
A.
Applicability. Except for individual lots occupied by single-family or two-family dwellings, landscaping conforming to the provisions of this section shall be provided on any tract subject to subdivision and land development approval or any lot or tract occupied by a use or activity subject to the provisions of §§ 290-1105 and 290-1106 of Chapter 290, Zoning, as follows:
(1)
General landscaping requirement. Any part or portion of any
lot or tract which is not occupied by buildings or structures or used
for loading and parking spaces and aisles, sidewalks, trails and designated
storage areas shall be landscaped according to an overall landscape
plan, prepared and approved as part of the development plan or shall
be left in its natural vegetated state (e.g., forest, meadow, hedgerow).
(2)
Effective visual screen. An effective visual screen shall be established and maintained in accordance with the provisions of § 240-609C(4) herein and Chapter 290, Zoning, of this Code.
(4)
All mechanical equipment and waste disposal facilities not enclosed
in a structure shall be screened from view in a manner compatible
with the architectural and landscaping style of the remainder of the
lot.
(5)
Water towers, storage tanks, processing equipment, fans, skylights,
antennas, communications towers, cooling towers, vents and any other
structures or equipment which rise above the roofline shall be architecturally
compatible or effectively shielded from view from any public street
by an architecturally sound method, which shall be approved, in writing,
by the Borough before construction or erection of said structures
or equipment.
(6)
Any activities for which a landscape buffer or screening is required by this chapter or Chapter 290, Zoning, of this Code or imposed by the Zoning Hearing Board or by the Borough Council as a condition of approval.
(7)
Parking lot landscaping requirement. Landscaping shall be required within any parking area subject to the provisions of § 240-609C(6) below.
B.
Landscape plan. All required landscaping shall be installed and maintained
in accordance with a landscape plan prepared by a landscape architect
registered in the Commonwealth of Pennsylvania or a similarly qualified
professional as approved by the Borough. The landscape plan shall
depict all proposed plantings required to complement, screen or accentuate
building, roads, parking areas, sidewalks, walkways, sitting areas,
service or maintenance structures, courtyards, and other site features
and/or structures. Plant sizes, spacing and types shall be in accordance
with this section.
(1)
All required landscape plans shall be submitted at the time when all other required applications and/or plans are submitted, as required by §§ 240-304 and 240-305, or any other applicable Borough regulation. Plans shall be based on and reflect the following:
(a)
A replacement program for nonsurviving plants shall be included.
(b)
A design which is responsive to the functional and aesthetic
characteristics of the tract or lot, and existing and proposed principal
and accessory buildings and other structures.
(c)
A design which demonstrates an effective proposal for screening
the proposed use or activity from the adjoining properties, where
required.
(d)
A design which enhances views and creates visual interest for
the users and/or residents of the proposed project.
(2)
Submitted landscape plans shall include plans, notes, diagrams,
sketches or other depictions appropriate to demonstrate the following:
(a)
Analysis of existing site conditions, including topography and
existing vegetation, and views to and from areas of proposed development.
(b)
Analysis of any screening or buffering requirements related
to the proposed development of use.
(d)
Indication of modifications requested to the standards set forth
herein and specific justification thereof.
(e)
Depiction of how required plantings and any additional plantings
shall be allocated in order to complement, buffer, screen or accentuate
buildings, roads, parking areas, stormwater management areas, sidewalks,
walkways, sitting areas, service or maintenance structures, courtyards,
entry road treatments, and other site features or structures.
(f)
Indication of all areas to be retained in a natural state, any
areas to be established as naturalized woodland replacement areas,
and any tree protection zones.
(g)
Indication of all plant materials to be utilized, including
botanical common names and the minimum quantities, sizes and spacing
of each.
(h)
Design specifications for all nonvegetative landscape material
to be utilized, including earthen berms, fences and walls, as applicable.
C.
Landscape design standards. All required landscaping shall be designed,
installed and maintained in accordance with the standards herein:
(1)
Total plantings required.
(a)
The minimum number of plantings required on any lot or tract shall be determined in accordance with § 240-609D.
(b)
The total number of required plantings may be utilized anywhere
on the subject site for purposes of compliance with general landscape
standards as well as specific standards for effective visual screening,
street trees, and parking lot landscaping, as applicable. Additional
plantings may be provided to further the purposes of this section.
(c)
Regardless of the total number of plantings provided, required plantings utilized for street trees and parking lot landscaping and screening shall not be less than as specified in § 240-609D, as applicable. Plantings provided in excess of minimum requirements need not comply with the dimensional standards within.
(d)
Existing trees and shrubs to be retained and protected may be
credited towards the minimum planting standards on a one-to-one basis,
subject to review and approval of the Borough.
(e)
Where existing trees have been identified for credit, the Borough
shall require the applicant to protect trees during construction with
the establishment of a tree protection zone and commit to a tree replacement
program for nonsurviving plants.
(2)
The Tree Protection Zone. An area that is radial to the trunk
of a tree or a group of trees in which no construction activity shall
occur.
|
Figure 6-1: Tree Protection Zone
|
(a)
Individual tree. The tree protection zone shall be 15 feet from
the trunk of the tree to be retained or the distance from the trunk
of the tree to two feet beyond the dripline, whichever is greater.
(b)
Group of trees. Where there is a group of trees or woodlands,
the tree protection zone shall be the aggregate of the protection
zones for the individual trees.
(3)
General landscape design. The following standards shall apply
to any planting or landscaping installation.
(a)
Plantings and other landscape improvements shall be provided
in arrangements and locations in response to specific site conditions
and which best mitigate impacts of the applicant's proposed site disturbance
and land development actions. The amount, density and types of plantings
in any given location shall be based upon physiographic features,
proximity to existing dwellings, compatibility of adjacent uses, nature
of views into and across the subject site, and in consideration of
privacy of neighboring residential development.
(b)
Native plant species shall be used to the maximum extent practicable,
consistent with the design objectives set forth within.
(c)
Use of linear measurements for purposes of calculation is not
intended to specify linear arrangement of plantings. Groupings of
plantings are encouraged in lieu of linear arrangement, consistent
with the provisions of this section.
(d)
The locations, dimensions and spacing of required plantings
shall be adequate for their proper growth and maintenance, taking
into account the sizes of such plantings at maturity and their present
and future environmental requirements, including, but not limited
to, moisture and sunlight. In selecting locations of shade trees,
consideration shall be given to aesthetic qualities of the site and
to the protection of solar access.
(e)
Limitations on planting. Plantings shall be limited or carefully
selected for locations where they might be disturbed or contribute
to conditions hazardous to public safety. Examples of such locations
include but shall not be limited to the edges of parking areas; public
street rights-of-way; underground and aboveground utilities; and sight
triangle areas required for unobstructed views at street intersections.
No trees shall be planted closer than 15 feet from fire hydrants,
streetlights, or stop signs. Other than as may be required for street
tree planting, no trees shall be placed with their centers less than
five feet from any property lines, and no shrubs with their centers
less than three feet from any property line.
(f)
The height and size of required plantings shall be as provided in § 240-609D(4).
(g)
Where specific need(s) for visual screening or privacy have
been identified, evergreen plantings shall be provided of sufficient
height and density to establish an effective screen.
(4)
Effective visual screening. Where an effective visual screen is required under this section or in accordance with Chapter 290, Zoning, of this Code, or where a need for effective screening has been identified during the plan review process, an effective visual screen shall be provided, subject to review and approval by the Borough. An effective visual screen shall be accomplished by a combination of plantings, berming and fencing as may be required to achieve the desired screening effect: either a filtered view or an opaque visual barrier.
(a)
Filtered view. Vegetative buffer plantings providing for a filtered
view, as set forth below, shall generally be considered an effective
visual screen. Where the Borough is satisfied that the use of vegetative
buffer plantings to provide for a filtered view shall result in the
establishment of an effective visual screen, the following standards
shall apply:
[1]
Plantings shall include a variety of native deciduous and evergreen
species planted in groupings rather than linear strips.
[2]
In keeping with the character of Elverson Borough, deciduous
species should be used to the greatest extent possible on the side
of the screen facing the property's exterior or the street.
[3]
At a minimum, one deciduous tree and two evergreen trees shall be provided for each 40 feet of screen, each tree of a size and height consistent with the provisions of § 240-609D(4). Tree species provided may be augmented by shrubs and flowering trees.
(b)
Opaque visual barrier. Where the Borough determines that a use
or structure or portion thereof is incompatible with the character
of the neighboring properties or its neighborhood generally, establishment
of an opaque visual barrier may be required. To the maximum extent
practicable, an opaque visual barrier shall be established to screen
outdoor storage areas, truck or heavy equipment parking, loading docks,
trash dumpsters and mechanical equipment from view from neighboring
properties or public view in accordance with the following standards:
[1]
A combination of earthen berms(s), fence(s), or evergreen plantings,
as appropriate, shall be installed to establish an opaque visual barrier
at least eight feet in height.
[2]
Evergreen plantings may be used in lieu of fencing where an
eventual rather than immediate opaque visual barrier is acceptable
to the Borough. In addition, deciduous trees shall be added in naturalized
groupings on the side of the screen facing the property's exterior
or the street, as applicable, and may be augmented by shrubs and flowering
trees in order to blend the screen into the surrounding landscape.
[3]
At a minimum, one deciduous tree and two evergreen trees shall be provided for each 30 feet of screen, each tree of a size and height consistent with the provisions of § 240-609D(4).
(c)
General design standards for effective visual screening.
[1]
Wherever landscaping is required to provide for an effective
visual screen, the specific location(s) within the subject lot or
tract shall be approved by the Borough and shall be determined based
on site conditions and the relationship of the use or structure(s)
to be screened to the view of neighboring properties and public view.
[2]
Except as otherwise specifically approved at the discretion
of the Borough, the overall width of the landscape area comprising
the effective visual screen shall not be less than 20 feet regardless
of otherwise applicable minimum yard area setbacks.
[3]
All plants shall be installed at intervals sufficient to create
an effective visual screen, while allowing the plants to thrive (i.e.,
specific plant spacing shall depend upon the species used).
[4]
Berms. Where earthen berms are used to achieve an effective
visual screen, plantings shall be installed in groupings on both sides
and the top of the berm, and not solely in a line along the top of
the berm. Side slopes shall not exceed a 3:1 ratio, and berms shall
be designed to blend with adjoining properties.
[5]
Vegetative screening shall be continuously maintained for the
duration of the operation of the use for which the effective visual
screen is required. During such period, any plant material which does
not survive shall be replaced prior to the start of the next growing
season (April through October).
(5)
Street trees. Shade trees of varying species shall be planted
along all streets in accordance with the following:
(a)
All subdivisions and land developments shall provide street
trees of varying species along the entire length of any existing or
proposed public street that forms a property boundary and on both
sides of any street within the subdivision and land development.
[1]
Street trees shall not be planted so close to the cartway edge
that they become a maintenance problem, but close enough to the cartway
edge to provide shade.
[2]
The arrangements and locations of all street trees should be
shown on the landscape plan and are subject to review and approval
of the Borough.
[3]
The specific arrangements and locations of street tree plantings
shall respond to specific site conditions and development design objectives,
consistent with the criteria set forth herein.
(b)
Selected street trees shall be hardy, native species with minimal
maintenance requirements, and shall be selected such that, at maturity,
they shall provide adequate summer shade along the public roads while
not interfering with utility installations. Selected street trees
shall be of a nongrafted type. Recommended plant lists are included
in Appendix A.[1] Tap-rooted species shall be required in locations adjacent
to streets or sidewalks.
[1]
Editor's Note: Appendix A is an attachment to this chapter.
(c)
Street tree spacing. The spacing between street trees shall
be no greater than 50 feet, staggered, on each side of the road.
(6)
Parking lot landscaping. All off-street parking areas shall
be landscaped with trees and shrubs of varying species.
(a)
Off-street parking areas shall be landscaped to reduce wind
and air turbulence, heat and noise, and the glare of automobile lights;
to reduce the level of carbon dioxide; to provide shade; to ameliorate
stormwater drainage problems; to replenish the groundwater table;
to provide for a more attractive setting; to protect the character
and stability of residential, business, institutional, and industrial
areas; and to conserve the value of land and buildings on surrounding
properties and neighborhoods. Use of deciduous shade trees with ground
cover or low shrubs is suggested as the primary landscape material
within parking lots, avoiding tall shrubs or low-branching trees that
may restrict visibility or movement of vehicles or pedestrians.
(b)
Planting areas shall be placed so as to facilitate snow removal
and to provide for safe movement of traffic without interference of
proper surface water drainage. Planting areas shall be elevated above
the parking lot surface or bordered appropriately to prevent erosion
or damage from automobiles. Bollards may be used to afford protection
of trees from vehicular movement.
(c)
Any parking for five or more vehicles shall be buffered from
any adjacent property and from the street by an effective visual screen
along the entire length of such parking lot where bordering or in
direct view from an adjacent property, in accordance with the requirements
of this section.
[1]
Any parking for five or more vehicles which abuts a residential
use or district, whether single-family or multifamily, shall be screened
from the adjacent property with an effective visual screen of not
less than 10 feet in width.
[2]
TC District exception. The requirement above may be reduced
or substituted by other landscape treatments (such as an architectural
fence or wall) within the TC District where the Borough agrees that
potential impacts to neighboring properties have been adequately minimized
and/or mitigated.
(d)
The interior of each parking lot shall have one deciduous shade
tree for every five parking spaces. Shrubs and other plant materials
are encouraged to be used to complement the trees, but shall not be
the sole contribution to the landscaping.
(e)
The landscaping and planting areas shall be reasonably dispersed
throughout the parking lot, except where there are more than 20 spaces;
in which case, the following shall apply:
[1]
Landscaped areas at least five feet wide shall be provided around
the periphery of parking areas. Such areas shall, at a minimum, extend
the full length and width of the parking areas, except for necessary
accessways.
[2]
Landscaped islands at the end of each parking bay shall be provided
and shall be the length of one parking space and at least five feet
in width.
(f)
Parking lots which do not conform to the criteria listed above
shall be planted with the same ratio of trees to parking spaces as
conventional parking lots but these may be planted in more varied
configurations.
(7)
Planting areas shall be selected and designed to reflect natural
landscape or existing neighborhood characteristics existing prior
to site disturbance, as well as those environmental conditions to
be created following site disturbance by the applicant.
(8)
Pedestrian access. All parking lots shall be designed to provide
for safe, reasonable pedestrian access. Parking lots with more than
50 spaces shall include paved pedestrian walkways. Pedestrian walkways
may be located along or through landscaped islands or other landscaped
areas adjacent to the parking lot.
D.
Minimum planting standards. Plantings and other landscape material
shall be provided as necessary to meet the design standards of this
section.
(1)
The total number of plantings shall not be less than the total
calculated in Figure 6-2, as applicable. Calculations resulting in
fractions shall be rounded up to the nearest whole number. The total
number of required plantings for general landscaping, perimeter buffering
and screening may be dispersed throughout the tract to meet the objectives
of this section. Plantings required as street trees and for parking
lot landscaping and screening shall not be less than the numbers set
forth herein. Additional plantings may be provided.
(2)
To the greatest extent possible, plants shall be installed in
locations and under conditions similar to those in which they occur
naturally (e.g., hydrophytes in wetter situations, drought-tolerant
plants on ridge tops, etc.).
(3)
Plantings and other landscape material shall be provided as
necessary to meet the design standards of this section. Introduced
landscaping may be minimized where applicant can demonstrate to the
satisfaction of Borough Council that retaining existing plant material
or other means of landscaping substantially achieves the objectives
of this section.
|
Figure 6-2: Total Number of Plantings
| |||
|---|---|---|---|
|
Improvement/Conditions
|
Trees
|
Shrubs
| |
|
General landscaping and screening (where required)
|
Mixed deciduous and evergreen shrubs depending upon effective
screening requirements
| ||
|
Per 1,000 square feet of gross floor area of the ground floor
|
3
|
8
| |
|
Per 100 linear feet of new and existing public or private road
frontage, measured on both sides where applicable
|
3
|
5
| |
|
Per 100 linear feet of existing tract boundary, where not coincident
with existing or proposed road frontage
|
3
|
8
| |
|
Parking lot landscaping - per 10 parking spaces
|
2
|
Not specified
| |
|
Parking lot buffering - per 2,000 square feet of off-street
parking or loading area, excluding driveways less than 18 feet wide
and in additional to plantings required under subsection
|
2
|
4
| |
|
Street trees - per 100 linear feet of new or existing public
or private road frontage, measured on both sides where applicable
|
2 deciduous trees only
|
0
| |
|
Replacement landscaping - per 500 square feet of woodland disturbance
area or fraction thereof, wherever exceeding a threshold of 15,000
square feet maximum woodland disturbance
|
1 native deciduous trees only
|
0
| |
(5)
Additional decorative plantings may be provided at the discretion
of the applicant, without regard to the minimum size requirements
herein.
(6)
Plantings and their measurement shall conform to the standards
of the publication's American or USA Standard for Nursery Stock, ANSI
Z60.1 of the American Association of Nurserymen, as amended. All plant
material used on the site shall have been grown within the same USDA
hardiness zone as the site and shall be nursery-grown, unless it is
determined by the Borough that the transplanting of trees partially
fulfills the requirements of this section.
(7)
At the discretion of the Borough, plantings required as above
may be substituted for greater numbers of smaller plantings where
utilized for purposes of general landscaping or reforestation of naturalized
areas.
E.
Criteria for selection of plant material.
(1)
Species selected by the applicant shall reflect careful evaluation
of the required site analysis plan and in particular the following
considerations:
(a)
Existing and proposed site conditions and their suitabilities
for the plant materials, based upon the site's geology, hydrology,
soils, and microclimate.
(b)
Specific functional and design objectives of the plantings,
which may include but not necessarily be limited to: provision for
landscape buffer, effective visual screening, noise abatement, energy
conservation, wildlife habitats, and aesthetic values.
(c)
Maintenance considerations, such as hardiness, resistance to
insects and disease, longevity and availability.
(2)
Native plant species. Because of the many benefits of native
plants (ease of maintenance, longevity, wildlife habitat, compatibility
with natural setting of Borough, etc.), applicant is urged to conform
to the requirements of this section through the use of nursery-grown
native trees and shrubs in accordance with Appendix A.[2] Associations of native street trees, hedgerow vegetation,
and woodland vegetation throughout the Borough shall be utilized as
a reference.
[2]
Editor's Note: Appendix A is an attachment to this chapter.
(3)
Species for shade trees, including street trees, shall be selected
with particular emphasis on hardiness, growing habit for pedestrian
and vehicle passage, minimal need for maintenance, and compatibility
with other features of the site and surrounding environs. Traditional,
native street tree species found throughout the Borough shall be emphasized.
(4)
For the purposes of promoting disease protection, minimum maintenance,
diverse natural plant associations, and long-term stability of plantings,
the applicant is encouraged to choose those combinations of species
which may be expected to be found together under more-or-less natural
conditions on sites comparable to those where the trees and shrubs
are to be planted.
F.
Site maintenance and guarantee.
(1)
All landscape improvements to be provided in accordance with
this section, shall be installed and maintained by accepted practices
as recognized by the American Association of Nurserymen. Planting
and maintenance of vegetation shall include, as appropriate, but not
necessarily be limited to, provisions for surface mulch, guy wires
and stakes, irrigation, fertilization, insect and disease control,
pruning, mulching, weeding and watering.
(2)
Applicant shall make arrangements acceptable to the Borough
that all landscape improvements installed in accordance with this
chapter shall be guaranteed and maintained in a healthy and/or sound
condition, or otherwise be replaced once by equivalent improvements,
for a period of at least 18 months. After installation and prior to
Borough acceptance of the site improvements, representatives of the
Borough shall perform an inspection of the finished site for compliance
with approved landscape plan(s).
(3)
Installation of landscape improvements shall be guaranteed along with all other site improvements in accordance with § 240-704 herein. The costs of landscape material and installation shall be considered in determining the amount of any performance guarantee required. At the Borough's discretion, the applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed vegetation during the eighteen-month replacement period. In addition, an escrow may be required for the removal and replacement of specimen trees damaged during construction. At its sole discretion, the Borough may remedy failure to complete installation or to maintain required landscape improvements.
G.
Fee in lieu of landscaping and screening TC District. An applicant
may choose the following option for multifamily development in the
Town Center (TC) District.
(1)
While it is the preference of Borough Council that required
landscaping or screening be provided on site, an applicant for a multifamily
use in the Town Center District may seek approval from Borough Council
to pay a one-time fee in lieu of required landscaping and/or screening.
(2)
The amount of the fee shall be specified in the fee schedule
adopted by resolution of the Borough Council.
(3)
All fees collected and all interest earned thereon shall be
recorded and designated in the Borough general fund. Such collected
fees shall be expended within 10 years of the receipt thereof.
B.
General standards. The following standards shall apply to all exterior
light fixtures within Elverson Borough, except streetlighting and
associated traffic safety devices provided by a public utility or
governmental entity within a public right-of-way:
(1)
The light from any exterior light fixture (the light source
and its enclosure, including any reflectors or other devices for the
control of light) shall be shaded, shielded or directed to prevent
direct light from being cast beyond an angle of 90° from a vertical
plane and to prevent glare or other objectionable problems to surrounding
areas.
(2)
No lighting fixture shall have any blinking, flashing, moving
or fluttering lights or other illuminating device which has a changing
light intensity, brightness, or color, nor will any beacon lights
be permitted, except for temporary seasonal decorative lighting.
(3)
Neither the direct nor reflected light from any lighting fixture
shall create a disabling glare that would be a potential traffic hazard
for motor vehicle operators on public roads.
(4)
Illumination at any point on the perimeter of the lot shall
not exceed 0.5 footcandle when measured with a calibrated, stable
reading photometer, regardless of the attitude or angle of the meter
to the light source.
(5)
Illuminated areas visible beyond the perimeter of a lot, including
building facades, shall not be illuminated so that the reflected light
is in excess of an average of one footcandle and shall not exceed
five footcandles at any point when measured at a distance of one foot
from the reflecting surface with a calibrated, stable reading photometer,
regardless of the attitude or angle of the meter to the lighted surface.
(6)
Illuminated areas not visible beyond the perimeter of a lot,
including building facades, shall not be illuminated so that the reflected
light is in excess of an average of two footcandles and shall not
exceed 10 footcandles at any point when measured at a distance of
one foot from the reflecting surface with a calibrated, stable reading
photometer, regardless of the attitude or angle of the meter to the
lighted surface.
(7)
Where approved by the Borough Council, lighting in excess of
the requirements of this section may be permitted, including but not
limited to low-level specialized lighting of buildings, accent lighting,
security lighting, or lighting of recreational or other major outdoor
facilities, for which the standards herein are inappropriate and unattainable.
The applicant shall demonstrate that the proposed lighting system
is designed and will be operated to minimize lighting pollution, overhead
sky glow, and lighting trespass onto other properties and public roads.
C.
Design requirements.
(1)
Illumination levels. Lighting, where required by this chapter,
shall have intensities and uniformity ratios in accordance with, but
not limited, to those listed in Figure 6-3:
|
Figure 6-3: Illumination Levels
| ||
|---|---|---|
|
Use/Task
|
Illumination
(Avg.)*
|
Uniformity Ratio**
(Avg./Min.)
|
|
Pedestrian walkways
|
0.2 to 0.4 Avg.
|
5:1
|
|
Local commercial streets - intersections of streets - parking
areas
|
0.4 to 1.0 Avg.
|
6:1
|
|
Local residential streets - intersection of streets - parking
areas
|
0.4 - 0.6 Avg.
|
4:1
|
|
Parking: multifamily
|
0.6 Min. - 0.8 Max.
|
4:1
|
|
Parking: Commercial/industrial
|
0.6 Min. - 1.2 Max.
|
4:1
|
|
Illuminated signs
|
0.6 - 1.0 Avg.
|
6:1
|
|
Recreational uses/parks
|
As appropriate for the specific proposed use
|
As appropriate for the specific proposed use
|
|
*
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
|
|
**
|
Uniformity ratios dictate that average illumination values shall
not exceed minimum values by more than the product of the minimum
value and the specified ratio (e.g., for commercial parking, high
activity, the average footcandles shall not be in excess of 3.6 [0.9
x 4]).
|
|
Abbreviations: Avg. - Average; Min. - Minimum; Max. - Maximum
| |
(2)
Fixtures shall be of a type and design appropriate to the lighting
application and shall comply with the Uniform Construction Code (UCC).
(3)
Unless otherwise specified elsewhere within this chapter, for
the lighting of predominantly horizontal surfaces, such as, but not
limited to, roadways, vehicular and pedestrian passage areas, merchandising
and storage areas, automotive-fuel-dispensing facilities, loading
docks, active and passive recreational areas, building entrances,
sidewalks, paths, site entrances and parking areas, fixtures shall
be aimed straight down and shall meet IESNA "full-cutoff" criteria
(no light output emitted above 90° at any lateral angle around
the fixture and no more than 10% light output above 80°). See
Figure 6-4.
(4)
For the lighting of nonhorizontal (vertical) surfaces, including
but not limited to facades, landscaping, signs, billboards, fountains,
displays, flags and statuary, the use of floodlighting, spotlighting,
wall-mounted fixtures and other fixtures not meeting IESNA full-cutoff
criteria, the following requirements shall apply:
(a)
Lighting fixtures shall be installed and aimed so their output
is not projected into the windows of adjacent uses, past the object
being illuminated, skyward or onto a public roadway.
(b)
To redirect offending light distribution, fixtures shall be
equipped with light-directing devices such as shields, visors or hoods
as approved by the Borough Council, based upon acceptable glare control
and their consistency with the character of the surrounding area.
|
Figure 6-4: Full-Cutoff Lighting
|
(5)
For the lighting of nonhorizontal (vertical) surfaces, including
but not limited to, facades, landscaping, signs, billboards, fountains,
displays, flags and statuary, the use of floodlighting, spotlighting,
wall-mounted fixtures and other fixtures not meeting IESNA full-cutoff
criteria, the following requirements shall apply:
(a)
Lighting fixtures shall be installed and aimed so their output
is not projected into the windows of adjacent uses, past the object
being illuminated, skyward or onto a public roadway.
(b)
To redirect offending light distribution, fixtures shall be
equipped with light-directing devices such as shields, visors or hoods
as approved by the Borough Council, based upon acceptable glare control
and their consistency with the character of the surrounding area.
D.
Control of glare.
(1)
Floodlighting and outdoor lighting in all districts, whether
or not required by this chapter:
(a)
Shall not be aimed, installed, or directed so as to project
into the windows of neighboring residential uses, and shall not be
directed skyward or onto a roadway.
(b)
Shall be diffused, directed, shielded, located, designed and
maintained in such a manner as not to present any hazardous situations
for passing vehicular or pedestrian traffic or create a nuisance by
objectionable light projected beyond its lot line onto a neighboring
use or property.
(2)
All fixtures shall be equipped with light directing or shielding
of a type and design appropriate to the lighting application, for
the purpose of redirecting offending light or reducing direct or reflected
glare, and no glare shall be discernible beyond its lot line onto
adjacent properties.
(3)
The intensity of illumination projected onto a residential use
from another property shall not exceed 0.1 vertical footcandle, measured
line-of-sight at the property line.
(4)
Vegetation screens shall not serve as the primary means for
controlling glare. Rather, glare control shall be achieved through
the use of full-cutoff fixtures, shields and baffles, and appropriate
application of fixture mounting height, wattage, aiming angle and
fixture placement.
(5)
Reduction of nighttime lighting.
(a)
All nonessential lighting of businesses and parking lots shall
be reduced within one hour after the end of business hours to the
minimum level required for security purposes as approved by the Borough
when the use was permitted, including but not limited to lowering
or extinguishing display, aesthetic, parking, and sign lighting.
(b)
Where all-night safety or security lighting is deemed necessary,
the lighting intensity levels shall generally not exceed 25% of the
levels permitted by this section, but in no case shall they be less
than the minimum levels for safety or security as invoked by IESNA.
(c)
The use of automatic switching devices, timers, motion detectors,
and photocells is encouraged for extinguishing lighting.
(6)
Externally illuminated signs shall be lit by fixtures mounted
at the top of the sign or billboard and aimed downward. The fixtures
shall be designed, fitted and aimed to place the light output on and
not beyond the sign or billboard.
(7)
All outdoor lighting fixtures and ancillary equipment shall
be maintained as to continuously meet the requirements of this chapter.
F.
Nuisance glare and inadequate illumination levels.
(1)
When the Borough judges an installation produces unacceptable
levels of nuisance glare, skyward light, excessive or insufficient
illumination levels or otherwise varies from this chapter, the Borough
may cause notification of the person(s) responsible for the lighting
and require appropriate remedial action.
(2)
If the infraction so warrants, the Borough may act to have the problem corrected as in § 240-610F(1) above at the expense of the owner violating the ordinance.
A.
General lot design standards.
(1)
The size, shape and orientation of lots shall be appropriate for the type of development and use contemplated and be in accordance with the provisions of Chapter 290, Zoning, of this Code.
(2)
Insofar as practical, side lot lines shall be at right angles
to straight street lines and radial to curved street lines. The Borough
may accommodate flexibility in lot layout so that the siting of buildings
takes maximum advantage of solar energy, e.g., the orientation of
buildings with their long axis in an east-west direction.
(3)
Where feasible, lot lines shall follow municipal boundaries,
rather than cross them.
(4)
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, landscaping and screening as required in § 240-609.
(5)
Where land has been dedicated for widening of existing streets,
lots shall begin at such adjusted right-of-way line, and all setbacks
shall be measured from such adjusted right-of-way line.
(6)
Subdivisions shall not create nonconforming lots that do not
meet minimum area and bulk requirements for the applicable zoning
district. All land shall be incorporated into existing or proposed
conforming lots unless special usage for a specific piece of land
is applied for, and approved by Borough Council, as part of a subdivision
or land development proposal.
B.
Lot access. All lots shall have access to an existing or proposed
public street or to a private street.
C.
Lot size. The minimum lot size, width and building setback requirements are found in Chapter 290, Zoning, of this Code. The minimum lot area requirements found in Chapter 290, Zoning, of this Code may be increased by the Borough Planning Commission according to the results of the soil percolation tests required by § 240-617C of this chapter.
D.
Driveways and off-street parking.
(1)
All driveways and off-street parking shall be designed in accordance with this chapter and Chapter 290, Zoning, of this Code.
(2)
Each proposed dwelling unit in a subdivision or land development,
including mobile homes in a mobile home park, shall be provided with
at least two off-street parking spaces.
(a)
In the case of single-family or two-family dwellings, such off-street
parking spaces shall be provided behind the street right-of-way line
and may be provided in an attached or separate garage, carport, or
stable all-weather driveway.
(3)
Commercial and industrial development shall meet the off-street parking requirements of Article XIV of Chapter 290, Zoning, of this Code.
(a)
Parking areas shall include provisions to retain stormwater on the applicant's premises in accordance with Chapter 225, Stormwater Management, of the Code.
(b)
Travel lanes within parking areas shall be designed according
to the following:
[1]
When there is a one-way flow of traffic and individual parking
spaces are at an angle greater than 60° there shall be a minimum
aisle width of 18 feet.
[2]
When there is a one-way flow of traffic and individual parking
spaces are at an angle less than 60°, there shall be a minimum
aisle width of 18 feet.
[3]
When there is a two-way flow of traffic there shall be a minimum
aisle width of 24 feet.
(c)
Parking shall meet all standards and requirements of the Americans
with Disabilities Act of 1990, including but not limited to, required
handicapped parking spaces, access ramps, access aisles, and signage.
(4)
All accessways to any public street or highway shall be set
back from any intersecting street line in accordance with the following:
(a)
When the proposed access is along an arterial street, the proposed
access shall be set back from an intersecting street line in accordance
with the following:
[1]
Where the intersecting street line is another arterial street,
the access shall be set back a minimum of 230 feet.
[2]
Where the intersecting street line is a collector street, the
access shall be set back a minimum of 175 feet.
[3]
Where the intersecting street line is a local street, the access
shall be set back a minimum of 100 feet.
(b)
When the proposed access is along a collector street, the proposed
access shall be set back from the intersecting street line in accordance
with the following:
[1]
Where the intersecting street line is an arterial street, the
access shall be set back a minimum of 200 feet.
[2]
Where the intersecting street line is another collector street,
the access shall be set back a minimum of 100 feet.
[3]
Where the intersecting street line is a local street, the access
shall be set back a minimum of 50 feet.
(5)
Subdivisions shall be designed to minimize the number of driveway
intersections with any existing public roads. Whenever feasible subdivisions
shall be provided with an internal street system on which proposed
lots will front.
(6)
Private driveways shall have such grades as to furnish safe
and convenient parking spaces. Within the legal right-of-way of the
intersected street, the driveway shall have a maximum grade of 5%.
(7)
Entrances to private driveways serving one- and two-family dwellings
should be rounded at a minimum radius of five feet, and entrances
to private driveways serving multiple-family dwellings shall be rounded
at a minimum of 10 feet.
(8)
Driveways to single-family residences shall intersect streets
at angles of no less than 60°. All other driveways shall intersect
streets at right angles, where practical, and in no case less than
75°. The angle of intersection is defined as the acute angle made
by the intersection of the center line of the driveway with the center
line of the road.
(9)
The width of driveways serving one-family should not be less
than eight feet, nor more than 16 feet at the street line, excluding
the radius.
(10)
To allow safe ingress and egress, driveway entrances into all
nonresidential, single-use properties shall be no less than 16 feet
in width, shall not exceed 24 feet in width as the street line unless
provided with a median divider, and shall be clearly defined by the
use of curbing.
(11)
Driveways shall be graded so that, wherever possible, surface
drainage will be discharged to the owner's property. Otherwise, adequately-sized
pipes, inlets or headwalls shall be installed and gutter improvements
shall be made to direct surface drainage into the road drainage system
and not onto the paving of the intersecting road.
(a)
The gutterline, wherever possible, shall be maintained as a
paved swale. It shall have a maximum depth of four inches and a minimum
width of 24 inches. A pipe may be placed under a driveway entrance
only when approved by the Borough Engineer.
(b)
The acceptability of such a pipe will be governed by the gutter
depth on each side of the driveway. The minimum pipe size under a
driveway will be determined by the Borough Engineer.
(12)
All driveways shall be paved with a base of Pennsylvania No.
2A stone compacted to four inches and a surface of a minimum 1 1/2
inches ID-2 bituminous wearing course within the legal right-of-way
of a public street.
(13)
Clear sight triangles shall be provided at all driveway entrances in accordance with the provisions of § 240-621I and shall be shown on plans.
(14)
Common driveways. Except in the case of multifamily dwellings,
single driveway may be shared by no more than five lots or units,
provided that the following standards are met:
Manufactured/mobile home parks shall comply with the standards of Article VIII herein.
A.
Monuments shall be placed at sufficient locations to define the exact
location of all streets and to enable the reestablishment of all street
right-of-way lines. Monuments shall be placed at street intersections,
angle points, beginning and ending of all curves, and at such other
locations along the right-of-way lines as the Borough Engineer shall
designate. Monuments shall be placed at the tract perimeter where
no markers exist, as required by the Borough. All such monuments shall
be shown on the record plat.
B.
Prior to sale of lots, marker pins of 5/8-inch steel rod at least
24 inches long shall be placed by the subdivider at all points where
lot lines intersect road lines or other lot lines and at all angle
points in lot lines and driven flush with the ground.
C.
Monuments shall be standard concrete survey monuments that are 24
inches long, four inches square at the top and six inches square at
the bottom. They shall contain a 1/2-inch diameter steel or iron rod
and shall have a defined center point on top. They shall be installed
so that the top is flush with the surrounding finished grade.
D.
Utility easements shall be marked at their beginning, their end,
and at all directed changes. The markers shall be placed in the ground
after final grading is completed. The monumentation shall be either
a concrete monument or marker, as required by the Borough.
E.
All monuments and markers shall be certified for accuracy by the
registered surveyor responsible for their installation. Accuracy shall
be in accordance with the Pennsylvania Society of Land Surveyors "Manual
of Practice," July 10, 1998 edition, or most recent revision.
A.
All streets, public or private, shall be paved and curbed in accordance
with this section or as otherwise specified by the Borough regulations.
All materials and constructions methods shall be in accordance with
PennDOT Publication 408, latest revision.
B.
Pavement specifications shall be in accordance with Figure 6-5:
|
Figure 6-5: Pavement Specifications
| ||
|---|---|---|
|
Pavement Layers
|
Minor Streets
(inches)
|
Collector and Nonresidential Streets
(inches)
|
|
No. 2A PennDOT subbase
|
6
|
6
|
|
Superpave asphalt mixture design, 25.0 mm, PG64-22, base course,
0.0 to 0.3 million ESALs
|
5
|
5
|
|
Superpave asphalt mixture design, 19.0 mm, PG64-22, binder course,
0.3 to 3.0 million ESALs
|
n/a
|
1.5
|
|
Superpave asphalt mixture design, 9.5 mm, PG64-22, wearing course,
0.0 to 0.3 million ESALs
|
1.5
|
1.5
|
|
NOTES:
| ||
|
1.
|
Mixes may be hot mix or warm mix.
| |
|
2.
|
Design ESAL range for collector and nonresidential streets shall
be subject to Borough Engineer review of expected traffic volumes.
| |
|
3.
|
Pavement design for streets serving industrial traffic shall
be subject to Borough Engineer review.
| |
C.
Joint seal. After application of the wearing course, all curb, inlet,
manhole, etc., joints shall be sealed with a PennDOT-approved joint
sealer applied in neat lines with a minimum width of six inches.
D.
Crown. All Borough streets shall have a crown of between 2% and 3%
sloping away from the center line, unless otherwise directed by the
Borough Engineer.
E.
Curbing.
(1)
Curbing may be required in those cases where Borough Council
deems it necessary for stormwater management purposes, protection
against soil erosion, or protection and circulation of pedestrians,
and/or other reasons.
(3)
Where it is necessary to replace existing vertical curbs with
depressed curbing, existing curb shall be removed beyond the depressed
curbing area to the nearest joint on either side, down to the subgrade
without disturbing the adjacent cartway paving. The depressed curb
shall conform to SSM Drawing No. 7233-001-D-001.[2] Any portions of the cartway disturbed during curbing removal
or installation shall be repaired to new condition.
[2]
Editor's Note: Said drawing is an attachment to Ch 233, Streets
and Sidewalks.
(4)
Any depressed curb sections that are unused when a development
or phase of a development is completed shall be completely removed
and replaced with vertical curbing to line and grade of adjacent curbing
in accordance with SSM drawing No. 7233-001-D-001.[3] Forming and pouring vertical curbing on top of an existing
curb depression will not be permitted.
[3]
Editor's Note: Said drawing is an attachment to Ch 233, Streets
and Sidewalks.
F.
Copy of delivery slips. Delivery slips for all stone, bituminous
concrete and portland cement concrete materials shall be furnished
to the Borough.
G.
Failure to comply with construction and paving standards. In addition
to other remedies available to the Borough under the law, failure
to adhere to the requirements of this section shall give the Borough
Council cause to refuse to accept streets for dedication.
A.
In all subdivisions, consideration shall be given to the provision
of appropriate open spaces for parks, playgrounds, and other recreational
use. Due consideration shall be given to the preservation of natural
and cultural features, such as large trees, woods, waterways, scenic
points, and historic areas.
B.
For subdivisions in which the average lot size is less than 1/2 acre, the reservation of space for recreation shall be two acres per 25 to 50 dwelling units and one additional acre of space for recreation for each additional 50 dwelling units in accordance with § 240-616D.
C.
Fee in lieu of reservation standards. As an alternative to such open
space provision, the Council may accept a fee in lieu of land reservation
if the set-aside requirement, when applied to a particular tract of
land, is illogical or impractical in terms of the criteria and standards
established herein. Such fee shall help the Borough defray the costs
of providing public open space and public recreational facilities
to serve the residents of the Borough.
(1)
The amount of any fee in lieu of land for open space shall be equal to the average fair market value of the land otherwise required by § 240-616B, or the proportional equivalent thereof. The formula to be used in computing the fee shall be: (DU/25) x average FMV = fee; where DU is the number of proposed dwelling units, and FMV is the fair market value of one acre.
(2)
Determination of the market value of the land shall be the responsibility
of the applicant, and shall result in a reasonable value acceptable
to the Borough Council.
(3)
The fee shall be paid prior to commencement of any construction,
excavation or grading.
(4)
All monies collected in lieu of land reservation shall be kept
in the Borough open space capital reserve fund, which shall be used
solely for the acquisition of open space land or capital improvements
for open space and park and recreation purposes within the Borough
at locations consistent with the Borough's Comprehensive Plan.
D.
Open space characteristics and design standards. In designating areas
for open space and recreation within the subdivision or land development
plan, the following criteria and standards shall be adhered to by
the applicant. Required areas shall be:
(1)
Consistent with the Borough's Comprehensive Plan.
(2)
Suitable for active recreational uses to the extent deemed necessary
by Borough Council, without interfering with adjacent dwelling units,
parking, driveways and roads.
(3)
Comprised of no more than 30% environmentally sensitive lands,
including floodplains, woodlands, slopes exceeding 15%, and surface
waters.
(4)
Comprised of areas not less than 75 feet in width and not less
than 15,000 square feet of contiguous area, except when part of a
trail system or pathway network.
(5)
Interconnected with common open space areas on abutting parcels,
wherever possible, including provisions for pedestrian pathways for
general public use to create linked pathway systems within the Borough.
(6)
Provided with sufficient perimeter parking when necessary, with
safe and convenient access by adjoining street frontage or other rights-of-way
or easements capable of accommodating pedestrian, bicycle, maintenance
and vehicle traffic, and containing appropriate access improvements.
(7)
Undivided by any public or private streets, except where necessary
for proper traffic circulation, and then only upon recommendation
of the Borough Engineer and Planning Commission.
(8)
Free of all structures, except those related to outdoor recreational
use.
(9)
Suitably landscaped either by retaining existing natural cover and wooded areas or by a landscaping plan for enhancing open space areas in accordance with § 240-609 herein.
(10)
Made subject to such agreement with the Borough and such deed
restrictions duly recorded in the office of the County Recorder of
Deeds as may be required by Borough Council for the purpose of preserving
the open space for such use.
Each lot in a subdivision or land development shall have a permitted
sewage disposal facility in accordance with the rules and regulations
of the PADEP, the Chester County Health Department and the Borough's
Act 537 sewage facilities plan, as amended.
A.
Elverson Borough sanitary sewer system.
(1)
Applicants for subdivision and/or land development must undertake
the appropriate studies in conjunction with the Municipal Authority
to address connection feasibility, cost-sharing, and other relevant
issues in order to determine if connections can be made to the sanitary
sewer system. Where connection is determined to be feasible, a written
approval of service feasibility shall be provided to the Borough by
the Municipal Authority. Approval reports shall state:
(2)
In cases where connection to the sanitary sewer system does
not exist, but where studies approved by the Borough indicate that
construction or extension of sanitary trunk sewers to serve the property
being subdivided or developed appears probable within five years from
the date of filing of a preliminary plan, the Borough shall require
the installation and capping of sanitary sewer mains and house connections,
in addition to installation of interim individual or community on-site
sanitary sewage disposal systems. Individual house connections (laterals)
on capped sewer systems shall extend to the right-of-way line and
shall be centered within the lot frontage. It shall be the responsibility
of the applicant to consult with the Borough and the Municipal Authority
with regard to the sewer line locations prior to finalizing sewer
design. Design of capped sewer systems shall be subject to approval
of the Borough and the Municipal Authority, as well as the PADEP.
(3)
If any private sanitary sewage facility or community sewage
system, as described in the Borough's Act 537 sewage facilities plan,
is proposed to provide sewage service for a subdivision or land development
that cannot be feasibly connected and/or cannot be serviced by the
Municipal Authority within a projected five-year period, the design
criteria described in § 290-617B and C shall be utilized
in the design and construction of such sewage facilities, as appropriate.
(4)
Where immediate or future connection to the Municipal Authority
system will be provided in subdivisions or land developments utilizing
private streets, the applicant shall execute a recordable covenant
with the Borough that states, for the purposes of sewer connections,
assessments and rentals, that the rights and liabilities of the applicant,
his grantees, heirs, successors and assigns shall be the same as if
his property abutted a public street.
B.
Community on-lot disposal system (COLDS).
(1)
The design and installation of any community sewage disposal
systems, as defined herein, shall be subject to the approval of the
Borough, the Municipal Authority, PADEP, and the Chester County Health
Department, as required.
(2)
Where lots are one acre or larger and the Sewer Authority System does not connect to these lots and has no plans to connect to these lots within a period of five years, an acceptable form of on-site sewage treatment system (individual or community) shall be used, preferably land-based. Installation of a capped sewage collection system as provided in § 240-617A(2) shall not be required in such cases.
(3)
Lots to be provided with an on-site sewage treatment system
shall be subject to the design standards of Title 25, Chapter 73,
Rules and Regulations of PADEP, the Chester County Health Department
standards, and Borough standards. The applicant shall either provide
for these on-site sewage treatment systems as part of the subdivision
and land development process or the applicant shall guarantee (by
deed restriction or otherwise), as a condition of the sale of each
lot or parcel within the subdivision and/or land development, that
such facilities can be installed by the purchaser of such lot or parcel.
(4)
The Borough shall require that a statement of suitability for
any on-site sewage treatment system be received from the Chester County
Health Department and/or PADEP before preliminary plan approval is
granted. A note shall be required on the preliminary and final plans
indicating that, if proposed final on-site sewage permits for each
lot cannot be obtained from the Chester County Health Department and/or
PADEP, then said plan shall be resubmitted to the Borough and Municipal
Authority depicting only lots or development for which permits can
be obtained.
(5)
In such cases where connection to the Sewer Authority System
is not feasible and where individual on-site sewage treatment systems
are not approved, the applicant must provide a complete community
sewage treatment system.
(a)
The design and installation of any such systems shall be subject
to the review and approval of the Borough, the Municipal Authority
Engineer, the Chester County Health Department, and PADEP, as appropriate.
(b)
Such systems shall be further subject to satisfactory provisions
for proper maintenance thereof and shall be subject to inspection
by the Borough and/or Municipal Authority at any time.
(c)
All necessary permits and approvals for such systems must be
submitted to the Borough with the final plan submission.
(d)
In addition, the applicant shall, prior to approval of a final
plan for subdivision or land development, post a bond in a form acceptable
to the Borough Solicitor in an amount sufficient to cover a period
of five years the cost of maintenance, repair, and hiring of personnel
qualified to operate the system in the event that the system owner
fails to properly maintain and operate the system within design standards.
The bond shall remain in effect for the length of time the system
remains in operation.
(e)
Operation of the system shall at all times be under the supervision
of an operator duly licensed by the Commonwealth of Pennsylvania.
(6)
The Borough reserves the right to promulgate rules and regulations
for the installation, maintenance and use of such systems.
(7)
Applicants are strongly encouraged to investigate the feasibility
of land-based community systems which recharge groundwater and/or
utilize treated wastewater to irrigate and fertilize a growing crop.
Any type of stream discharge system in either the French Creek watershed,
waters designated as exceptional value/special protection waters by
the PADEP, or the Conestoga Creek watershed of the Chesapeake Bay
drainage system should be avoided. A copy of all approval(s) of such
systems, as appropriate, shall be submitted to the Borough with the
final plan.
(8)
If on-site sanitary sewage disposal facilities are to be utilized
in portions of the Borough not served by the sanitary sewer system,
the Borough may require that the applicant submit a feasibility report.
Such report shall compare the cost of providing on-site facilities
and the cost of a community sanitary sewer system versus connection
to the public sanitary sewer system. Based on the analysis of this
report, the Borough may require the installation of a community or
public sanitary sewer system or capped sewer.
(9)
Where on-site sewage treatment systems are to be utilized, each
lot so served shall be of a size and shape to accommodate the necessary
length of tile fields at a safe distance from, and at a lower elevation
than, the proposed building(s) to facilitate, if possible, gravity
flow of such system. All such systems shall be in accordance with
Borough, county and state regulations and shall be so plotted.
C.
Soil percolation test requirements.
(1)
Soil percolation tests to determine site suitability shall be
performed for all subdivisions and/or land developments utilizing
land-based on-site sewage treatment systems or a new land-based community
sewage treatment system, where buildings(s) at the time of construction
will not be connected to the Sewer Authority System or to a non-land-based
community sewage treatment system. Deep hole test pits are required
as a further means of guaranteeing suitability of a site.
(2)
Soil percolation tests shall be made in accordance with the
requirements of the Chester County Health Department and the PADEP,
by either an engineer or registered sanitarian and/or the Pennsylvania
Sewage Facilities Act sewage enforcement officer, at the site of any
proposed on-site sanitary sewage treatment system (individual or community).
(3)
The results of the soil percolation tests shall be analyzed
in relation to the physical characteristics of the tract being subdivided
or developed and the general area surrounding the tract. The lot layout
in the preliminary and final plans shall be based on this analysis
in accordance with requirements set forth in this section.
(4)
If the analysis of soil percolation test results reveals that
the soil is unsuitable for the intended use(s) at the lot size(s)
originally proposed, the Borough may require that the lot size(s)
be increased and/or the lot layout modified and/or the proposal otherwise
modified in accordance with the test results.
(5)
The backfilling of all percolation test holes and related test
pits on the tract shall be accomplished within the time period specified
in 35 P.S. § 750.7(b)(8) of the Pennsylvania Sewage Facilities
Act (Act 537, as amended).
A.
Sidewalks.
(1)
Sidewalks shall be required:
(a)
Along all streets within a subdivision where the average lot
size per dwelling unit is 1/2 acre or less;
(b)
Along all streets within 1,000 feet of and leading to a school;
(c)
Along all streets in a commercial zone;
(d)
At other location deemed necessary for safety and convenience
by Borough Council.
(2)
Sidewalks shall be placed within the street right-of-way parallel
to and at least three feet from the edge of cartway. Gradient and
paving of all sidewalks shall be in accordance with SSM drawing No.
7233-001-D-001[1] and any applicable ADA requirements.
[1]
Editor's Note: Said drawing is an attachment to Ch 233, Streets
and Sidewalks.
(3)
The width of sidewalks shall be in accordance with SSM Drawing
No. 7233-001-D-001 and the Elverson Borough Sidewalk and Curb Ordinance
of 1993, as amended.[2]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
All sidewalks shall conform to the Elverson Borough Sidewalk
and Curb Ordinance of 1993, as amended.
B.
Trails. At the discretion of the Borough, the applicant for any subdivision
or land development may be required to establish a system of bicycle
and pedestrian trails for public use. The said trails shall be secured
by dedication or easement. The following design standards shall be
used for trails:
(1)
The trail shall be designed to accommodate only nonmotorized
traffic.
(2)
An easement or right-of-way, as required by the Borough, of
at least 15 feet shall be established for the entire length of the
trail.
(3)
The Borough may, but shall not be required to, accept dedication
of a trail easement or right-of-way, provided: a) the trail is constructed
to Township specifications; b) there is no cost to the Township for
acquiring the easement of right-of-way; and c) the Township agrees
to and has access to maintain the trail.
(4)
Trails shall be logically related to environmental features
so as to minimize disturbance to such features while permitting observation
of such features. Disturbance of sensitive natural features such as
wetlands should be avoided. When it is necessary to cross a watercourse,
the applicable Township floodplain regulations shall be adhered to.
(5)
Trails shall be constructed on reasonable grades, have proper
drainage, and provide adequate sight distances for the safety of trail
users.
(6)
Trails shall be constructed to be a minimum of six feet wide,
except along collector and arterial streets, and adjacent to shopping
centers, schools, recreation areas, and other community facilities,
or where bicycle use is anticipated, where they shall be a minimum
of eight feet wide.
(7)
Trails shall cross roadways and parking areas at a 90° angle.
(8)
Trail grades shall be consistent with the Americans with Disabilities
Act Accessibility Guidelines for Outdoor Developed Areas, latest version.
(a)
Cross slope. The cross slope shall not exceed 1:50 (2%) maximum.
(b)
Running slope. Running slope of trail segments shall comply
with one or more of the provisions of this section. No more than 30%
of the total trail length shall exceed a running slope of 1:12.
[1]
Running slope shall be 1:20 or less for any distance.
[2]
Running slope shall be 1:12 maximum for 200 feet maximum. Resting
intervals shall be provided at distances no greater than 200 feet
apart.
[3]
Running slope shall be 1:10 maximum for 30 feet maximum. Resting
intervals shall be provided at distances no greater than 30 feet apart.
[4]
Running slope shall be 1:8 maximum for 10 feet maximum. Resting
intervals shall be provided at distances no greater than 10 feet apart.
(c)
Resting intervals shall be 60 inches' minimum in length, shall
have a width at least as wide as the widest portion of the trail segment
leading to the resting interval, and have a slope not exceeding 1:50
(2%) in any direction.
(9)
Trails shall be constructed with appropriate drainage swales
and surface pitch or crowning so that water flows off the trail in
a perpendicular sheet flow.
(10)
The Borough may require the trail to be installed prior to the
issuance of the certificate of occupancy for the residential or nonresidential
structures.
(11)
These design requirements may be waived if environmental or
topographic constraints preclude the use of a paved trail. Stone or
mulch trails may be permitted, if recommended by the Planning Commission
and approved by Borough Council.
(12)
Trail construction shall be in accordance with the DCNR's Pennsylvania
Trail Design and Development Principles.
The following standards shall apply to all proposed land developments,
uses and other activities within Elverson Borough regarding the disturbance
or removal of soil.
A.
Unless expressly permitted by the Borough, no use, land development,
or other activity shall be permitted to willfully and actively remove
soil from the Borough.
B.
Where a land development will require earth disturbance associated with installation of improvements, structures or grading, measures shall be taken to protect the soil against erosion in accordance with § 240-605.
C.
Whenever earth disturbance occurs, the disturbed soil shall remain
on the same site unless constraints of the site create a potential
harm to residents or to the environment.
Stormwater management shall be in accordance with Chapter 225, Stormwater Management, of the Code.
A.
Purpose. The following standards shall apply to all new public and
private streets in the Borough in order to:
B.
General standards.
(1)
Street construction and grading. All materials entering into
the construction of streets and the methods of construction shall
be in accordance with the applicable requirements of the Pennsylvania
Department of Transportation (PennDOT). Whenever regulations of the
Borough impose more restrictive standards or requirements, such Borough
standards or regulations shall control.
(2)
Context-sensitive design of streets and their relationship to
the arrangement of lots is required. Streets shall be related to the
topography so as to produce a smooth flow of traffic, to avoid poor
sight distance, to avoid traffic congestion and to promote public
safety.
(3)
The proposed street system shall extend existing or recorded
streets at the same width as the existing or recorded streets.
(4)
Streets shall be extended by dedication to the boundary of an
adjoining property where connection is desired by the Borough Council.
If a subdivision proposes lots, all of which front on existing public
roads, the Borough may require the applicant to provide additional
right-of-way, paving or other improvements built to the specifications
established by the Borough.
(5)
If a portion of the applicant's property is not proposed for
subdivision, but could be subdivided in the future, the Borough shall
require a master plan be prepared in sketch form which identifies
the location of intended future access points for the portion of the
property that is not subdivided and may require the reservation of
land adequate to provide for future street access to land which could
be subdivided in the future and require that the location of land
reserved for future streets be coordinated with the street system
shown on the subdivision plan.
(6)
New local streets shall be so designed as to discourage through
traffic, but the applicant shall relate to existing streets, and planned
settlement patterns to provide opportunity for the extension and continuation
of streets into and from adjoining properties.
(7)
Where a subdivision or land development abuts an existing street
which does not meet the standards of this chapter, the Borough may
require the dedication of land sufficient to widen the street to meet
the standards of this chapter and may require the applicant to construct
said widening for their entire frontage.
(8)
The applicant shall be required to provide standard traffic
control signs for all streets within the subdivision. The proposed
location of said signs must be shown on the final plans.
C.
Street widths.
(1)
Minimum street right-of-way and cartway (pavement) widths shall
be in accordance with Figure 6-6.
(2)
Additional right-of-way and cartway widths may be required by
the Borough for the purpose of promoting public safety and convenience.
(3)
Borough Council may require construction of a four-foot shoulder
on each side of the cartway when no parking will be permitted along
roads and curbs will not be provided.
|
Figure 6-6: Street Width Specifications
| |||||
|---|---|---|---|---|---|
|
Local Streets and Permanent Culs-de-Sac (No Parking Permitted)
| |||||
|
Right-of-way
|
50 feet
|
Cartway
|
24 feet
|
Curbed cartway
|
28 feet
|
|
Local Streets and Permanent Culs-de-Sac (Parking Permitted)
| |||||
|
Right-of-way
|
60 feet
|
Cartway
|
34 feet
|
Curbed cartway
|
36 feet
|
|
Service Street (Alley) No Parking Permitted
| |||||
|
Right-of-way
|
24 feet
|
Cartway
|
18 feet
|
Curbed cartway
|
n/a
|
|
Marginal Access Street (No Parking Permitted)
| |||||
|
Right-of-way
|
50 feet
|
Cartway
|
20 feet
|
Curbed cartway
|
24 feet
|
|
Collector Street (No Parking Permitted)
| |||||
|
Right-of-way
|
50 feet
|
Cartway
|
24 feet
|
Curbed cartway
|
30 feet
|
|
Collector Street (On-Street Parking Permitted)
| |||||
|
Right-of-way
|
60 feet
|
Cartway
|
36 feet
|
Curbed cartway
|
38 feet
|
|
Arterial Street - right-of-way and cartway width as determined
after consultation with the Borough, the county, and PennDOT
| |||||
D.
Restriction of access. Whenever a subdivision or land development
abuts or contains an arterial or collector street according to the
Comprehensive Plan, the Borough may require restriction of access
to the arterial or collector street by:
(1)
Provision of reverse frontage lots; or
(2)
Provision of service streets along the rear of the abutting
lots, together with prohibition of private driveways intersecting
the arterial or collector street; or
(3)
Provision of marginal access streets, provided that the reverse
strips establishing such marginal access streets shall be placed within
the jurisdiction of the Borough under an agreement meeting the approval
of the Borough; or
(4)
Provision of a system of minor streets which would intersect
the arterial or collector street on which lots would front.
F.
Horizontal curves.
(1)
Wherever street lines are deflected in excess of 1°, connection
shall be made by horizontal curves.
(3)
A tangent section of road of at least 100 feet shall be introduced
between all horizontal curves on minor streets and a tangent section
of road of at least 200 feet shall be introduced between horizontal
curves on collector streets.
G.
Vertical curves shall be used at changes of grade exceeding 1%. The
minimum length of vertical curves shall be designed to meet the PennDOT
standards for stopping sight distance (SSD) and headlight sight distance
(HSD).
H.
Intersections.
(1)
Streets shall intersect as nearly as possible to a 90° angle,
and no street shall intersect another at an angle of less than 70°,
nor more than 110°. The angle of intersection with arterial streets
shall not be less than 80°, nor more than 100°.
(2)
No more than two streets shall intersect at the same point.
(3)
Two opposing streets shall intersect the perpendicular street
directly opposite to each other. If two opposing streets do not intersect
directly opposite to each other, they shall be separated by a minimum
distance according to the following, unless reduced at the discretion
of the Borough Council:
(4)
Intersections shall be approached on all sides by a straight
leveling area, the grade of which shall not exceed 5% within 75 feet
of the intersection of the nearest cartway lines.
(5)
All street cartway intersections shall be rounded by a tangential
arc with a minimum radius of 20 feet. The Borough may increase this
standard for purposes of public safety.
I.
Sight distances at intersections and driveways. Clear sight triangles
and clear sight distance shall be provided at all street intersections
and driveways in accordance with the Multi-Modal Circulation Handbook
for Chester County, Pennsylvania, latest edition.
J.
Cul-de-sac streets.
(1)
Dead-end streets are prohibited, unless designed as cul-de-sac
streets, and in the case of streets planned for future extension into
adjoining tracts and which will be no longer than the depth of one
lot and which will not be the primary means of access to any lot,
the Borough may waive the requirement of providing a turnaround.
(2)
Except as provided in § 240-621J(1), any street dead-ended for access to adjoining property or because of authorized stage development shall be provided with a turnaround within the subdivision or land development and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.
(3)
The turnaround right-of-way shall be placed adjacent to the
tract boundary with sufficient additional width provided along the
boundary line to permit extension of the street at full width.
(4)
All cul-de-sac streets, whether permanently or temporarily designed
as such, shall be provided at the closed end with a fully paved turnaround.
Minimum radius to the pavement edge or curbline shall be 50 feet,
and minimum radius to the right-of-way line shall be 60 feet, except
where islands are provided, in which case the minimum radius shall
be determined by the Borough Council.
(5)
Drainage of cul-de-sac streets shall be located to drain toward
the open end. If drainage is toward the closed end, water shall be
conducted away in an underground storm sewer or by other means approved
by the Borough.
(6)
The center-line grade on a cul-de-sac street shall not exceed
8 %, and the grade within the turnaround shall not exceed 5%.
K.
Street names and signs.
(1)
Proposed streets that are in alignment with existing streets
shall bear the names of the existing streets.
(2)
In no case shall the name of a proposed street duplicate an
existing street name in the Borough and 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,
the postmaster, and the 911 Emergency Coordinator having jurisdiction.
(4)
Street name signs shall be installed at all street intersections,
identifying both intersecting streets. The design and placement of
such signs shall be subject to approval of the Borough. The signs
shall be visible from all directions of approach to an intersection.
Signs shall be parallel to the street identified, made of rustproof
material or shall be adequately protected against corrosion, a type
and size with mounting and supports as specified by the Borough.
(5)
Street signs, including stop and speed limit signs, shall be
erected prior to occupancy of the first dwelling on the street.
(6)
All signs shall be high-grade reflectivity signage in accordance
with PennDOT standards.
L.
Service streets (alleys).
(1)
Where permitted, service streets in residential developments
shall have a minimum paved width of 12 feet for one-way alleys and
16 feet for two-way alleys. Alleys serving commercial industries shall
have a minimum paved width of 20 feet.
(2)
Dead-end service streets shall be prohibited.
(3)
Sharp changes in alignment of service streets shall be avoided.
Design of service streets which will encourage their use for through
traffic (i.e., intersecting service streets) shall also be avoided.
(4)
No parking shall be permitted in the alley.
(5)
The maintenance of the alley, including its snowplowing, shall
be the responsibility of a homeowners' or property owners' association
and shall be addressed in covenants creating the association. In the
event no homeowners' or property owners' association is required for
the subdivision or land development, maintenance shall be the responsibility
of the lot owner.
M.
Private streets.
(1)
Private streets shall be constructed to the same standards as
public streets and shall be classified according to the function which
they serve: collector or local access. Right-of-way width may be decreased
at the discretion of Borough Council.
(2)
Provisions for the maintenance of private streets shall be stated
in the homeowners' association document or condominium association
document to be submitted with the preliminary plan.
N.
Obstructions. No fences, hedges, freestanding walls, or planting
(except approved street trees) shall be permitted within the right-of-way
of a street.
O.
Streetlights. Poles and standards for streetlights, with underground
"parkway" cable service lines shall be furnished and installed by
the subdivider, when and wherever required by Borough Council, located
in the street right-of-way. Borough Council shall reserve approval
as to the type and location of streetlights along each right-of-way.
Streetlights shall be provided with approved screens.
P.
Driveways.
(1)
All driveways and related improvements shall be located and
constructed in a manner as to provide safe access to Borough and state
roads and not to impair the drainage or normal maintenance within
road rights-of-way, to alter the stability of any roadway, subgrade
or roadway embankment, to change the drainage of adjacent areas, nor
to interfere with the traveling public. Sufficient area for and access
to off-street parking shall be provided for.
(2)
Clear sight triangles shall be provided at all driveway entrances
and shall be shown on the subdivision plan along with a note detailing
the maintenance responsibilities for the triangle by the lot owner.
(3)
Private driveways, whether individual or shared, on corner lots
shall be located at least 40 feet for local roads and 100 feet for
collector and arterial roads from the point of intersection of the
nearest street right-of-way lines.
(4)
No driveway shall be situated within five feet of a side or
rear property line, except where shared driveways are utilized.
(5)
No more than three lots shall be served by a private driveway
in cases of common ownership or shared use of a private driveway.
As a condition of final plan approval, an agreement providing for
the maintenance, repair, construction and reconstruction, including
drainage facility maintenance and snowplowing of the shared driveway,
shall be approved by the Borough and shall be recorded against the
lots in question.
(6)
Driveways shall intersect streets as nearly as possible at 90°,
but in no case less than 75° or greater than 105°.
A.
Easements shall be provided for poles, wires, conduits, storm and
sanitary sewers, stormwater conveyance, retention, detention, and
infiltration facilities, gas, water and other utility lines intended
to service the abutting lots. No structures or trees shall be placed
within such easements except where approved by the Borough. Local
utility companies shall be consulted when locating utility easements.
B.
Easements abutting or within street rights-of-way shall be a minimum
of 10 feet in width. Other easements shall be a minimum of 20 feet
in width.
C.
There shall be a minimum distance of 50 feet, measured in the shortest
distance, between any proposed dwelling unit and any petroleum products
or natural gas transmission line traversing or adjacent to the subdivision
or land development.
D.
Where gas or petroleum transmission lines are a part of the proposed
development, either proposed or requiring relocation, construction
of such facilities shall occur within a right-of-way of 50 feet minimum
and shall comply with the applicable requirements of the Pennsylvania
Public Utility Commission regulations.
E.
Underground electric distribution lines shall be installed in all
new subdivisions and land developments of five dwelling units or more.
In existing subdivisions with five or more unimproved lots, any extensions
of the electric distribution lines shall be placed underground. An
approved plan for the utilization of an electric distribution system
shall be submitted to the Borough prior to recording of a final plan.
F.
Drainage easements may be required to be dedicated to the Borough along stormwater conveyances and watercourses in accordance with Chapter 225, Stormwater Management, as amended.
G.
Any easement or right-of-way required herein shall be made part of
the deeds to all affected properties. Any error found in a deed shall
be immediately corrected and rerecorded in the Chester County Recorder
of Deeds office at the sole expense of the applicant. The applicant
shall be solely responsible to the buyer for any failure to record
an easement or right-of-way shown on the approved plan. Failure to
record an easement or right-of-way shown on the approved plan shall
not prevent its intended use from being utilized. All easements and
rights-of-way shown on the final plan shall be deemed to be incorporated
in the appropriate deed.
A.
The provisions of this section are intended to ensure that each dwelling
unit and each commercial or industrial building in all subdivisions
and land developments hereafter granted approval shall have an adequate
supply of water which meets and/or exceeds all water quality standards.
(1)
Public water supply service is provided in the Borough by the
Elverson Water Company, Inc., a private investor-owned and Public
Utility Commission regulated water supplier. All of Elverson Borough
is included within the PUC-established water service franchise area.
Similar to the centralized sewage treatment system in the Borough,
it is the desire of the Borough to have all subdivisions and/or land
developments connect to this centralized water system, wherever feasible.
When connection to this existing water system is not feasible, that
water supply shall be provided by either individual on-site wells
or alternative public water systems.
(2)
In those cases where proposed subdivisions and/or new land developments
are to be connected to the Elverson Water Company Water System, applicants
must provide documentation that the Water Company has been contacted
and has indicated both a willingness and ability to provide water
service (average and peak) to the proposed development.
(3)
Where public water supply is determined not reasonably feasible,
applicants must supply documentation that the Company has been contacted
and has indicated an inability to provide water service (average and
peak), as requested and/or connection to the water system is not economically
feasible (to be provided by the applicant).
(4)
In those cases where water service is not to be supplied through
connection to the existing Elverson Water Company Water System and
is to be supplied through individual on-site wells or an alternative
public water supply system, the rules and regulations of the Chester
County Health Department and/or the PADEP, pursuant to the Pennsylvania
Safe Drinking Water Act and the Federal Safe Drinking Water Act, shall
apply.
B.
All community water systems shall be designed, connected and installed
to meet the specifications and requirements of the PADEP, the Pennsylvania
Utility Commission, the Chester County Health Department, and the
National Fire Prevention Association, the Borough Engineer and all
Borough ordinances. The complete design of the proposed distribution
system shall be provided as a part of all final plans.
C.
Where the applicant proposes that individual on-site water supply
systems shall be utilized within the subdivision or land development,
the applicant shall be responsible either to install such facilities
or to guarantee (by deed restriction or otherwise), as a condition
of the sale of each lot or parcel within the subdivision, that the
facilities can be installed by the purchaser of such lot or parcel.
The proposed locations of wells shall be shown on the preliminary
plan for each lot; existing wells on the property or on adjoining
properties must also be shown. Isolation distances (a circular area
whose radius conforms to PADEP and Chester County Health Department
regulations) from on-site sewage systems, where proposed, must also
be indicated on the plan. Individual water supply systems shall be
designed and installed in accordance with all applicable standards
of PADEP and the Chester County Health Department.
D.
If the subdivision or land development is provided with a public
(i.e., community or noncommunity) water system, design and installation
shall be subject to the approval of the Borough, in addition to review
and approval by all other regulatory bodies having jurisdiction (i.e.,
Chester County Health Department and PADEP). The design and installation
of a community system shall be subject to the approval of PADEP, and
such system shall be further subject to satisfactory provisions for
the maintenance thereof. Standards and materials for the construction
of any public water supply system shall meet or exceed those requirements
described in the Public Water Supply Manual of the Pennsylvania Department
of Environmental Protection and shall be subject to the approval of
the Borough Engineer.
(1)
Where permit and approvals are required by said departments,
the permits and approvals shall be presented to the Borough as evidence
of such review and approval before construction commences.
(2)
In accordance with the Water Code of the Delaware River Basin
Commission, as amended, applicants whose proposed well (or wells)
in such a system will withdraw more than an average of 10,000 gallon
a day over a thirty-day period shall register their well(s) with PADEP
and, where applicable, the Chester County Health Department.
E.
All new public water supply systems not owned and operated by the
Elverson Water Company, Inc., shall be operated under the relevant
regulations of the Pennsylvania Public Utility Commission (PUC).
F.
In all subdivisions or land developments served by a public water
system, the following water pressure and gallonage requirements shall
apply:
(1)
Residential use. A minimum working pressure of 60 pounds per
square inch shall be provided at each house to be connected to the
water supply main. The system to which the residential unit is connected
shall have sufficient capacity to supply a minimum of 200 gallons
of water per residential unit per day to all residential units within
the subdivision or land development.
(2)
Commercial or industrial use. A minimum working pressure of
60 pounds per square inch shall be provided at each commercial or
industrial building connected to the water supply main. A study shall
be made to determine if there is adequate excess capacity in the system
to supply the building and use.
G.
For purposes of fire protection in residential districts, the system
shall be demonstrably capable of providing fire flow water requirements
of not less than 500 gallons per minute at residential pressures of
20 pounds per square inch for a two-hour period.
H.
Fire protection for nonresidential uses shall be in accordance with
the requirements of the Insurance Services Office (ISO).
The purpose of this section is to promote conservation of woodland,
hedgerow and specimen vegetation throughout the Borough through establishment
of specific limitations to land development activities, replacement
requirements, and management planning provisions.
A.
Limitations to woodland disturbance.
(1)
Developers shall make all reasonable efforts to harmonize their
plans with the preservation of existing trees. Woodland disturbance,
including alteration or removal of any hedgerows, shall be minimized.
(2)
No specimen vegetation (tree greater than 24 inches dbh) shall be removed from any lot or tract except where applicant demonstrates to the satisfaction of the Borough Council that such removal is essential to eliminate hazardous condition(s) or otherwise permit lawful use of the lot or tract; where permitted, removal of specimen vegetation shall be minimized. Specimen trees to be retained shall be credited toward any tree replacement required under Subsection B below. For purposes of compliance with this section, specimen trees need only be identified in areas proposed for disturbance.
(3)
Woodland replacement in accordance with § 240-624B below shall be required wherever permitted woodland disturbance on any lot or tract involves more than 20,000 square feet of woodland area for each principal use permitted or disturbance to more than 25% of any woodland area, whichever is greater. For purposes of this section, the extent of any area of woodland disturbance shall be measured to include the entire area within the dripline of any tree part of a woodland where any part of the area within the dripline of such tree is subject to woodland disturbance. Measurement of woodland areas may be based upon aerial photography or actual survey.
(4)
When proposed development necessitates woodland disturbance,
the developer shall be guided by the following criteria in selecting
vegetation for retention or clearing:
(a)
The location(s) and benefit of conservation of healthy mature
woodland stands;
(b)
The impacts, in terms of functions and values to wildlife, of
separating, dividing and/or encroaching on wildlife travel corridors
and/or extensive habitat areas, especially woodlands exceeding 10
acres in area.
(c)
Aesthetic values (autumn coloration, types of flower and fruit,
bark and crown characteristics, amount of dieback present).
(d)
Susceptibility to insect attack and/or disease.
(e)
Species longevity.
(f)
Wind firmness and capability of soil to hold trees.
(g)
Existence of disease, rot or other damage to the tree (trees
in poor physical condition should be removed).
(h)
Protection of buildings (e.g., dead and large limbs hanging
over buildings should be removed).
(5)
In areas of permitted woodland disturbance and areas adjacent
to permitted woodland disturbance, care shall be exercised to protect
remaining trees from damage. The following procedures shall be utilized
during construction in order to protect remaining trees:
(a)
The tree protection zone. An area that is radial to the trunk
of a tree or a group of trees in which no construction activity shall
occur. See Figure 6-1.
[1]
Individual tree. The tree protection zone shall be 15 feet from
the trunk of the tree to be retained or the distance from the trunk
of the tree to two feet beyond the dripline, whichever is greater.
[2]
Group of trees. Where there is a group of trees or woodlands,
the tree protection zone shall be the aggregate of the protection
zones for the individual trees.
(b)
Where existing trees are to remain, no change in existing grade
shall be permitted within the tree protection zone. Appropriate fencing
or other means of demarcation acceptable to the Borough Council shall
be placed at the dripline of trees to remain wherever adjacent to
proposed construction. Such fencing shall be maintained in place throughout
the duration of construction activity. Roots shall not be cut within
the dripline of any trees to remain.
(c)
Trees within 25 feet of a building, or bordering entrances or
exits to building sites, shall be protected by a temporary barrier
to be maintained in place throughout the duration of construction
activity.
(d)
No boards or other material shall be nailed or otherwise attached
to trees during construction.
(e)
Construction materials, equipment, soil and/or debris shall
not be stored nor disposed of within the driplines of trees to remain,
except for mulched vegetative matter used to prevent soil compaction.
(f)
Tree trunks, limbs, and exposed roots damaged during construction
shall be protected from further damage by being treated immediately
in accordance with accepted professional landscape procedures.
B.
Required vegetation replacement:
(1)
Where woodland disturbance involves more than the maximum area permitted under § 240-624A(3) above, one tree and two shrubs shall be planted for each 300 square feet of woodland disturbance area, or fraction thereof, in excess of the maximum permitted area of disturbance. All specimen trees to be retained on any tract proposed for subdivision or land development shall be credited toward any tree replacement requirement at a ratio of three trees credited for each individual specimen tree retained.
(3)
The species, sizes and locations of required replacement plantings
shall be acceptable to the Borough Council. The Borough Council, at
its sole discretion, may approve the location of replacement plantings
on lots or tracts other than that under application, where such placement
furthers the objectives of this chapter.
C.
Woodland management planning. Applicant shall specify, as part of preliminary and final plan submission, the long-term management provisions which will be established for any woodland area not subject to woodland disturbance and any area selected for introduction of replacement plantings in accordance with § 240-624B. Such management provisions shall be indicated in narrative and/or graphic form of sufficient detail to satisfy the Borough that the following issues can be adequately addressed:
(1)
The manner in which any retained woodland area will be owned
and by whom it will be managed and maintained;
(2)
The conservation and/or land management techniques and practices
which will be used to conserve and protect such areas, as applicable;
and
(3)
The professional and personnel resources that are expected to
be necessary in order to maintain and manage the property. A statement
of woodland management objectives also shall be included and shall
demonstrate to the satisfaction of the Borough Council the feasibility
of intended management practices, aiming to ensure the success of
stated objectives, including the viability of introduced plantings,
deterrence of invasive species, and means to minimize any future woodland
disturbance. Applicants are strongly encouraged to seek woodland management
assistance through the Pennsylvania "Forest Stewardship Program" administered
by the Pennsylvania Bureau of Forestry.
D.
Replacement guarantee. All replacement plantings shall be maintained in a healthy and/or sound condition and guaranteed in accordance with the provisions of § 240-609 herein. In addition, an escrow may be required for the removal and replacement of specimen vegetation damaged during construction.
