Borough of Elverson, PA Article VI Design Standards

§ 240-601 Application and general standards.

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.

F. The Borough reserves the right to waive or modify any of the minimum standards set forth herein if conditions so warrant or as may be necessary in the public interest or where requested by an applicant as set forth in § 240-107 of this chapter.

§ 240-602 Bridges and culverts.

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.

§ 240-603 Community facilities.

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.

§ 240-604 Development patterns and general standards.

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.

§ 240-605 Erosion and sedimentation control.

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.

(1) Erosion and sediment control and stormwater management during earth disturbance activity (e.g., during construction).

(2) Stormwater management and water quality protection measures after completion of an earth disturbance activity, including operations and maintenance.

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.

I. Stormwater management. Stormwater management shall be in accordance with Chapter 225, Stormwater Management, of the Code.

§ 240-606 Finished grading.

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.

§ 240-607 Fire hydrants.

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.

§ 240-608 Floodplain regulations.

The regulation of floodplains shall be in accordance with Chapter 140, Floodplain Management, of this Code.

§ 240-609 Landscaping and screening.

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.

(3) Conservation of existing vegetation and natural features. All development shall be designed to maximize conservation of existing woodlands, hedgerows, specimen trees, and riparian buffer areas in accordance with Article X, Natural Resource Protection, of 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.

(c) Calculation of the minimum number of trees and shrubs required, as set forth in § 240-609D.

(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

(4) Plantings intended to meet the design standards of this section shall be sized as follows:

(a) Deciduous trees: 2 1/2-inch caliper, minimum;

(b) Shrubs: 18 to 24 inches in height, minimum.

(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.

§ 240-610 Lighting standards.

A. Purpose and applicability. See § 290-1108 of Chapter 290, Zoning, of this Code.

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.

E. Installation.

(1) Electrical feeds for lighting shall be run underground, not overhead.

(2) Pole-mounted fixtures for lighting horizontal surfaces shall be aimed straight down.

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.

§ 240-611 Lots and parcels.

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.

(b) In the case of multiple-family dwellings, such off-street parking shall be provided in paved parking lot(s) located adjacent to or near the multiple-family dwellings. Parking lots shall comply with the standards of § 240-609.

(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:

(a) A common driveway shall have a minimum cartway width of 10 feet.

(b) The design of the common driveway shall meet Borough public street standards for grade.

§ 240-612 Manufactured/mobile home park standards.

Manufactured/mobile home parks shall comply with the standards of Article VIII herein.

§ 240-613 Monuments and markers.

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.

§ 240-614 Natural resources.

All natural resources identified in the required site analysis plan shall be preserved and protected in accordance with Article X, Natural Resource Protection, of Chapter 290, Zoning, of this Code.

§ 240-615 Paving and curbing.

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.

(2) All curbs shall conform to SSM Drawing No. 7233-001-D-001.[1]

[1] Editor's Note: Said drawing is an attachment to Ch. 233, Streets and Sidewalks.

(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.

(5) All aspects of curb shall also conform to the Elverson Borough Sidewalk and Curb Ordinance of 1993, as amended.[4]

[4] Editor's Note: See Ch. 233, Streets and Sidewalks, Art. I, Sidewalks, Curbs, Gutters, Driveway Entrances and Retaining Walls, of this Code.

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.

§ 240-616 Recreational areas.

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.

§ 240-617 Sanitary sewage treatment.

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:

(a) Existing/proposed treatment capacity available and the time frame for availability.

(b) All actions required for connection to the sanitary sewer system.

(c) The estimated cost for connection and related construction.

(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.

(5) Once connected to the sanitary sewer system, all sanitary sewers and appurtenances shall be dedicated to the Municipal Authority in accordance with § 240-706.

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).

§ 240-618 Sidewalks and trails.

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)]

[2] Editor's Note: See Ch. 233, Art. I, Sidewalks, Curbs, Gutters, Driveway Entrances and Retaining Walls, and the drawing attached to that chapter.

(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.

§ 240-619 Soil disturbance and removal.

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.

D. Where the installation of improvements or buildings creates a surplus of soil that is unable to be adequately used on a given site, soil may be transported to another site. Once relocated, measures shall be taken to protect the soil against erosion in accordance with § 240-605.

§ 240-620 Stormwater management.

Stormwater management shall be in accordance with Chapter 225, Stormwater Management, of the Code.

§ 240-621 Streets.

A. Purpose. The following standards shall apply to all new public and private streets in the Borough in order to:

(1) Provide adequate accessibility within the Borough;

(2) Ensure safe conditions for vehicular and nonvehicular traffic; and

(3) Create consistent standards for streets which reflect the village character of the Borough.

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.

E. Street grades.

(1) There shall be a minimum center-line grade of 1%.

(2) Center-line grades shall not exceed the following:

(a) Minor street: 10%.

(b) Collector street: 6%.

(c) Arterial street: as per PennDOT requirements;

(d) Street intersection, within 75 feet of the intersection of respective cartway lines: 5%.

F. Horizontal curves.

(1) Wherever street lines are deflected in excess of 1°, connection shall be made by horizontal curves.

(2) Minimum center-line radii for horizontal curves shall be as follows:

(a) Minor streets: 150 feet.

(b) Collector streets: 300 feet.

(c) Arterial streets: as per PennDOT requirements.

(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:

(a) Along arterial or collector streets, intersecting streets shall be separated by a minimum of 400 feet between center lines, measured along the center line of the street being intersected.

(b) Along minor streets, streets shall be separated by a minimum of 300 feet, measured as above.

(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.

(3) Lots fronting on private streets shall meet the requirements of Chapter 290, Zoning, of this Code with regard to lot width and setbacks.

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°.

§ 240-622 Utility easements.

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.

§ 240-623 Water supply.

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).

§ 240-624 Woodlands, hedgerows and specimen vegetation.

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.

(2) Plantings used to comply with the minimum number of replacement plantings required above shall conform to the planting standards set forth in § 240-609D and the criteria for selection of plant material as provided in § 240-609E.

(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.