Borough of West Chester, PA Article IV Design Standards

§ 97-23 General requirements.

A. The following standards and regulations shall be applied by the Borough Planning Commission and Borough Council in evaluating plans for proposed subdivision and land development. In addition, the Design Standards in Appendix A,[1] and the standards set forth in Chapter 112 of the Borough Code, titled "Zoning," for the particular district in which the subdivision or land development is taking place shall also govern the layout of lots and/or design of buildings, parking lots and other facilities.

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

B. The standards and regulations set forth in this Article IV shall be considered minimum standards and requirements for the promotion of public health, safety and general welfare.

C. The design standards in Appendix A and Appendix B[2] shall apply to further expand this Article IV.

[2] Editor's Note: Said appendixes are included as attachments to this chapter.

D. The design standards in this Article IV shall be implemented to be consistent with the Official Map.

§ 97-24 Land requirements.

A. Land shall be suited to the purposes for which it is to be subdivided or developed. Proposed land developments shall respect and be coordinated with adjacent and nearby properties to assure that neighboring properties are not adversely impacted.

B. No land shall be developed unless all hazards to life, health or property from flood, fire, environmental contaminants, and disease shall have been eliminated or unless the plans for the development shall provide adequate safeguards against such hazards.

C. Low-lying lands which are swampy or are subject to periodic flooding and/or which are shown as Special Flood Hazard Areas (SFHA) on the Flood Insurance Rate Map (FIRM) or which are delineated as wetlands, as prescribed in § 97-34 of this chapter, shall not be platted for development or designated for such other uses as may involve danger to health, safety or the general welfare of the citizens, except in strict accordance with Chapter 112 of the Borough Code, titled "Zoning." Low-lying or swampy lands shall include those lands in soil classifications Chewacla (Ch), Wehadkee (We) and Worsham (WoA, WoB), as shown on the Soil Survey of Chester and Delaware Counties (Soil Conservation Service, United States Department of Agriculture, 1963 and any update thereto).

D. No plan of subdivision or land development shall be approved which would result in lots or land use which would in any way be inconsistent with Chapter 112 of the Borough Code, titled "Zoning," then in effect for the zoning district in which the land to be developed or subdivided is located.

§ 97-25 Blocks.

A. The length, width and shape of blocks shall be determined with due regard to:

(1) Provision of adequate sites for buildings of the type proposed.

(2) Topography.

(3) Requirements for safe and convenient vehicular and pedestrian circulation, under both normal and emergency conditions.

(4) Extension of the alignment, orientation, and pattern of existing Blocks.

(5) Section 97.A.4. of Appendix A.[1]

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

B. Blocks shall have a maximum length of 600 feet and a minimum length of 300 feet.

§ 97-26 Lots and lot sizes.

A. Minimum lot areas shall not be less than as required by Chapter 112 of the Borough Code, titled "Zoning," as it may be amended from time to time.

B. All lots shall have frontage on and direct access to a street, existing or proposed. Each lot shall have, in addition to the required minimum width at the front lot line, sufficient free and complete access to an existing street cartway or right-of-way to avoid the need to cross any portion of another lot to reach such street.

C. Side lot lines shall be at right angles to street lines.

D. The Borough shall encourage flexibility in the siting of buildings to take advantage of solar energy, and shall encourage innovative design relative to solar energy.

E. Where the subdivision application is for only a portion of a large tract, Borough Council shall review the proposed lot layout and design, access points and street system in relation to the conceptual design of the entire tract as required by § 97-43B(2)(b) below.

F. House numbers shall be assigned to each lot by the Borough in conjunction with the United States Postal Service and its established methods, as well as the Chester County Department of Emergency Services.

G. For any lot proposed to front on the curved portion of a street, the required minimum lot width at the building setback line, as specified in Chapter 112 of the Borough Code, titled "Zoning," shall be achievable at that point regardless of the existence of sufficient lot width at a point or points deeper on the lot.

§ 97-27 Street system.

A. General requirements.

(1) Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Borough, including recorded subdivision plans and the Official Map of the Borough.

(2) Proposed streets shall further conform to such Borough, county and state road and highway plans as have been prepared, adopted and filed as prescribed by law.

(3) A grid or modified grid interconnected street pattern is required to continue the character of the existing street system throughout the Borough. Streets shall be logically related to the topography so as to produce usable lots, reasonable grades, proper alignment and drainage and adequate vision.

(4) If lots resulting from original subdivision are large enough to permit resubdivision or if a portion of the tract is not subdivided, adequate street rights-of-way to serve further subdivision shall be provided as necessary.

(5) Where a subdivision or land development abuts or contains an existing or proposed collector or arterial street, Borough Council shall require dedication of additional rights-of-way to provide the minimum right-of-way specified hereinafter, as well as rear service alleys, or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major street and separation of local and through traffic; provided, however, that deference to the existing pattern of blocks and streets shall be demonstrated.

(6) New half or partial streets shall not be permitted, except where essential to reasonable development of a tract in conformance with the other requirements and standards of this chapter and where, in addition, dedication of the remaining part of the street has been secured.

(7) Wherever a tract to be developed borders an existing half or partial street, the other part of the street shall be plotted within such tract. Where new half or partial streets are proposed, the acceptance of final plans shall be conditioned upon the provision of guaranties assuring the construction or completion of such streets to Borough standards.

(8) Dead-end streets shall be prohibited.

(9) Continuations of existing streets shall be known by the same name, but names for other streets shall neither duplicate nor closely resemble names of existing streets in the Borough, the postal districts of West Chester or as listed in the West Chester Region Street Guide, irrespective of the use of the suffix street, road, avenue, boulevard, way, drive, etc. All street names shall be subject to review by the Borough Manager and approval by United States Post Office, and the Chester County Department of Emergency Services.

(10) Where streets continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted. The applicant shall coordinate such designs with both municipalities to avoid abrupt changes in cartway width or in improvements provided.

(11) New streets shall be laid out to continue existing streets at equal or greater width, as regards both cartway and right-of-way, where such continuations are reasonable and practical. Minimum widths shall be as established in Subsection C below.

(12) All entrances onto Borough streets and state roads shall require an appropriate highway occupancy permit and shall be constructed to Pennsylvania Department of Transportation specifications.

(13) Borough Council may require the developer to make improvements to existing abutting streets or roads as may be needed to provide safe and convenient access to the proposed development and to accommodate the increased traffic resulting from the development.

(14) Streets shall also be designed in accordance with §§ 97.A.21., 97.A.21.a., 97.A.21.b. of Appendix A.[1]

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

B. (Reserved)

C. Street width. All engineers designing streets pursuant to this subsection and the following Subsections D to I shall refer to Guidelines for Design of Local Roads and Streets, Publication 70, and to Highway Design Manual, Part 2 of Pennsylvania Department of Transportation, for standards pertaining to the road classification and design speed under consideration.

(1) The minimum right-of-way and cartway widths for all new streets in the Borough or sections of street undergoing improvement or abutting tracts proposed for development, shall be as follows:

Type of Street	Right-of-Way (feet)	Cartway (feet)
Major arterial	60	45
Minor arterial	50	25
Collector	50	12 per lane
Local, interior residential	50	12 per lane
Private		10 per lane

(2) Additional right-of-way and cartway widths may be required by the Borough Council for the following purposes:

(a) To promote public safety and convenience.

(b) To provide parking space in nonresidential districts, and in areas of high-density residential development.

(3) Rights-of-way of lesser width than prescribed in this subsection shall not be permitted.

(4) Subdivisions abutting existing streets shall provide, for dedication, the minimum right-of-way widths for those streets in accordance with the provisions of this subsection.

D. Street alignment.

(1) Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.

(2) To assure adequate sight distance, minimum center-line radii for horizontal curves shall be as follows:

(a) Local, interior residential streets: 150 feet, except for traditional neighborhood development streets, where the minimum center line radii shall be 100 feet.

(b) Arterial and collector streets: 500 feet.

(3) A tangent of at least 100 feet, measured at the center line, shall be required between reverse curves.

E. Street grades.

(1) Center-line grades shall be not less than 1%.

(2) Center-line grades shall not exceed 10% on local and interior residential streets and on private streets. All other street grades shall not exceed 7%.

(3) Vertical curves shall be used at changes of grade exceeding 1% and shall be designed in relation to the extent of the grade change to provide the following minimum sight distances:

(a) Local, interior residential streets: 200 feet.

(b) Arterial and collector streets: 400 feet.

(4) At all intersections, a leveling area shall be provided having grades not greater than 4° for a distance of 25 feet measured from the nearest right-of-way line in the intersection street.

F. Street intersections.

(1) Right-angle intersections shall be used whenever practicable, especially when local residential streets empty into collector or arterial streets. There shall be no intersection angle of less than 60°, measured at the center lines.

(2) No more than two streets shall cross at the same point.

(3) Streets entering from opposite sides of another street shall either be directly across from each other or offset by at least 200 feet, measured from center line to center line, except for traditional neighborhood development streets where the offset may be reduced to one 150 feet.

(4) A minimum paving radius of 25 feet shall be provided at all street intersections, except for traditional neighborhood development streets where the minimum paving radius may be reduced to 15 feet. Borough Council may increase the required radii to 30 feet where it considers such design advisable at intersections involving arterial or collector streets.

(5) All necessary street name signs and traffic control signs shall be the responsibility of the applicant to provide and erect. The street name signs shall be of the type existing in the neighborhood; all such signs shall be subject to review by the Department of Public Works and approval by Borough Council. Street signs shall be erected before the Borough accepts dedication of the street and before the issuance of any certificates of occupancy on that street.

(6) Intersections shall be controlled by stop signs, except that one through street may be designated for each intersection by traffic signals.

(7) Clear-sight triangles shall be provided at all street intersections. Within such triangles, no vision-obstructing object shall be permitted which obscures vision above the height of 30 inches and below 10 feet, measured from the center-line grade of intersecting streets. Each side of the sight triangle shall be a minimum of 75 feet, measured from the point of intersection along each street center line.

(8) In designing street intersections, the following sight distance dimensions shall be used:

Posted Speed of Intersected Street	Sight Distance (feet)
Stop condition (all streets)	75
25 mph	175
35 mph	300
45 mph	450
55 mph	600

NOTE: Measured from a point set back 15 feet from the intersected pavement edge on the street controlled by a stop sign or signal.

(9) Greater sight triangle dimensions imposed by Pennsylvania Department of Transportation for intersections with the state highway system shall supersede the above.

G. Acceleration, deceleration and turning lanes.

(1) Acceleration, deceleration and/or turning lanes may be required by the Borough along existing and proposed streets whenever the Borough Council feels such lanes are required to meet reasonable safety needs.

(2) Deceleration lanes shall be designed to the following standards:

(a) The lane shall have a minimum width of 10 feet or, in the case of intersections with state highways, such width as is required by the applicable regulations and standards of Pennsylvania Department of Transportation.

(b) The lane shall provide the full required lane width for the entire length, which shall be measured from the center line of the intersecting street. In addition, there shall be a seventy-five-foot taper provided at the beginning of the lane so that traffic can leave the main traveled lane smoothly.

(c) The minimum lane length shall be as follows:

Design Speed of Street (miles per Hour)	Minimum Deceleration Lane Length (feet)
30	165
40	275
50	300

(3) The design of acceleration lanes shall be as per the recommendation of the Borough Engineer. At all intersections with arterial and collector streets, paved tapers with a minimum length of 50 feet or a minimum intersection radius of 50 feet shall be provided for right-hand turns.

H. (Reserved)

I. Street construction.

(1) All materials entering into the construction of streets and the methods of construction and drainage shall be in accordance with the applicable requirements of the latest revision of the Pennsylvania Department of Transportation Specifications, Publication 408.

(2) Subgrade.

(a) The area within the limits of the proposed road surface shall be shaped to conform to the line, grade and cross section of the proposed road.

(b) All unsuitable subgrade materials shall be removed and replaced with subbase material, as specified below.

(c) Encroachment into wet or swampy areas shall be minimized; where unavoidable, such areas shall be permanently drained and stabilized.

(d) Fills shall be made with suitable materials and thoroughly compacted for the full width in uniform layers not more than eight inches thick.

(e) The subgrade shall be thoroughly compacted by rolling with a minimum ten-ton roller.

(f) Backfill of trenches within the cartway and curb area shall be thoroughly compacted prior to application of the base course.

(3) Subbase. Six inches of subbase shall be supplied and installed in accordance with the latest edition of Section 350 of Pennsylvania Department of Transportation Specifications, Publication 408.

(4) Base course.

(a) The base course shall be bituminous concrete base course (BCBC) provided and installed in accordance with the latest edition of § 205 of the Pennsylvania Department of Transportation Specifications, Publication 408. The minimum depth of BCBC shall be four inches in all local or interior residential streets and all private streets and six inches in all other Borough streets.

(b) No material shall be placed on a wet or frozen subgrade.

(5) Bituminous surface.

(a) The surface shall be bituminous material ID-2A hot mix, with two inches of binder course and 1 1/2 inches of wearing course. ID-2A wearing and binder courses shall be provided and installed in accordance with the latest edition of §§ 420 and 421 of Pennsylvania Department of Transportation Specifications, Publication 408.

(b) The completed street surface shall have a uniform slope of 1/4 inch per foot from the edge to the center line.

(6) Grading and shoulders.

(a) Roadways shall be graded for not less than eight feet beyond the curb of the proposed paving on each side. This grading shall be provided to allow for sidewalks and planting strips.

(b) Beyond the limits of this grading, banks shall be sloped to prevent erosion, but this slope shall not have a ratio of more than one foot vertical to three feet horizontal, with top of cuts rounded.

J. Private streets.

(1) Private streets may be permitted by the Borough Council under the following circumstances:

(a) There is a recorded agreement between the applicant and the Borough and a notation in the deed to each lot abutting such street, specifying that said street will not be offered to for dedication and will not be accepted by the Borough unless constructed to Borough standards then existing at the time of offer of dedication.

(b) The design of private streets may vary from Borough standards otherwise applicable to the construction of streets to be dedicated to the Borough only with respect to width. Type of paving, grades, sight distances, storm drainage facilities and other elements of street design shall be in accordance with the standards contained in this chapter. The width of a private street may be reduced to a minimum cartway of 18 feet, provided that such street does not exceed 500 feet in length.

(c) Lots fronting on private streets shall meet the requirements of Chapter 112 of the Borough Code, titled "Zoning," with regard to lot width and setbacks.

(d) Stop signs, street name signs and any other signs, markings, etc., indicating potentially hazardous road conditions shall be provided by the developer or owner(s) of the private street and shall conform to applicable Pennsylvania Department of Transportation or Borough standards.

(2) Stipulations for the repair and maintenance of a private street shall be as prescribed by Subsection I of this section.

§ 97-27.1 Driveways.

A. Except where an off-street parking area or garage directly abuts a street or alley, private driveways shall be provided for all residences and construction shall be in accordance with the regulations of this section in order to provide safe access to Borough and state roads, to eliminate problems of stormwater runoff and to assure sufficient area for and access to off-street parking.

B. All driveways shall be paved with concrete or bituminous materials from the edge of the street cartway to the right-of-way line of any Borough, state or private road. The remainder of the driveway may be constructed of any paved surface. As an alternative to concrete, bituminous or brick paving, residential driveways or parking areas with a required capacity of no more than two motor vehicles may be filled and surfaced with stone aggregate and gravel.

(1) Materials.

(a) The base course shall be a minimum of six inches of crushed stone conforming to Pennsylvania Department of Transportation specification for 2A modified crushed stone.

(b) The surface aggregate shall be no more than two inches of pea gravel 3/8 inch or approved equivalent placed on one inch of limestone screenings.

(c) Geotextile fabric shall be a polypropylene nonwoven material weighing approximately 4.5 ounces per square yard with a minimum tensile strength of 90 pounds. As determined by the manufacturer, the fabric shall be designed for use under driveways, sidewalks and parking areas.

(2) Construction.

(a) Area shall be excavated to a minimum depth of eight inches and cleared of all debris.

(b) Prior to filling, the excavated area shall be covered with geotextile fabric with a minimum overlap of six inches or as recommended by the manufacturer. The fabric shall also cover all sides of the excavated area.

(c) The base course shall be placed in two applications of 2A modified crushed stone aggregate to a compacted depth of six inches. Each application shall be evenly spread and rolled with a ten-ton roller or by an approved equivalent means to create an even smooth surface. Inaccessible areas shall be compacted by a hand vibratory compactor.

(d) The surface course shall be placed on one inch of compacted limestone screenings and rolled or compacted the same as the base course to create an even smooth surface.

C. The edge of any driveway opening onto a street shall be at least 40 feet from the nearest end of the paving radius at a street intersection.

D. The slope of a driveway within that portion of the driveway required to be paved shall not exceed 5%. The slope of any portion of the driveway within 100 feet of the street right-of-way line shall not exceed 14%.

E. All driveways shall intersect streets at right angles, unless clearly impracticable, and in no case shall the angle of intersection be less than 75°. The angle of intersection is the acute angle made by the intersection of the center line of the driveway with the center line of the street.

F. For any driveway serving a single-family dwelling unit, the width within the legal right-of-way of a street or when carried by a bridge shall be a minimum of 10 feet; it shall be a minimum of eight feet at all other points within the property line.

G. A common driveway, as defined by this chapter, shall be of sufficient width, in the opinion of the Borough Engineer, to provide safe passage of two vehicles or shall have a sufficient number of pullover areas to provide safe passage of two vehicles. Stipulations for the repair and maintenance of a common driveway shall be those as prescribed for private streets by § 97-15B(3) of this chapter.

H. Driveway entrances into all nonresidential single-use properties shall be not less than 18 feet in width, shall not exceed 30 feet in width at the street line, unless provided with a median divider, and shall be clearly defined by use of curbing. The curbs of these driveway entrances shall be rounded with a minimum radius of five feet where they intersect a street.

I. The sight distance at the intersection of a proposed driveway with any state, Borough or private street shall be maintained as specified in § 97-27F of this chapter. Whenever a portion of the line of any clear-sight triangle occurs within any proposed building setback line, such portion shall be shown on the final plan of the subdivision or land development and shall be considered a building setback line.

J. Driveways shall be graded so that, wherever possible, surface drainage will be discharged to the owner's property; otherwise, adequately sized pipes, inlets and/or headwalls shall be installed and gutter improvements shall be made to direct surface drainage into the street drainage system and not onto the paving of the intersecting street.

K. Curb cuts shall be in accordance with § 97.A.9. of Appendix A, Design Standards.[1]

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

§ 97-28 Parking.

A. General.

(1) No parking area shall be used for any use that interferes with its availability for the parking need that it is required to serve.

(2) Continuing character of obligation. All required parking facilities shall be provided and maintained so long as the use exists for which the facilities were designed to serve.

(3) All parking areas and accessways shall be built and maintained to provide safe and orderly access at all times from a street, alley or other approved accessway.

(4) Every parking area shall be designed so that its use does not constitute a nuisance, hazard or impediment to traffic.

(5) All dead-end parking lots shall be designed to provide sufficient backup area and turning radii for the end stalls of the parking area.

(6) Parking areas shall provide continuous circulation throughout the site, and avoid dead-end driveways and turn around spaces whenever possible.

(7) Required parking and loading areas shall be used exclusively for the parking and loading of vehicles, and not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or other equipment.

(8) Sidewalks shall be provided in all off-street parking lots to allow for safe pedestrian movement between and to buildings, parking lots, adjacent properties, and along streets.

(a) Sidewalks shall be provided along the full length of a building, along any building facade adjacent to a parking area or drive aisle.

(b) Sidewalks internal to an off-street parking lot may be constructed perpendicular to parking bays, or may be located within a planting median, as illustrated and described in Appendix A, Article IV Design Standards.[1]

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

(c) Sidewalks shall be constructed in accordance with the Appendix A, Article IV Design Standards.

(d) An Americans with Disabilities Act (ADA) accessible pedestrian path of travel between the main building entrance and the public sidewalk shall be provided.

(e) A crosswalk shall be provided where a sidewalk crosses a parking lot drive aisle or other paved surface. The crosswalk shall be distinguished from the paved surface through the use of pavers, bricks, scored concrete, or stamped concrete, per Appendix A, Article IV Design Standards.

(9) Accessible parking shall be required for all new off-street parking lots, and in existing lots when alterations, structural repairs, or additions are made. Accessible parking spaces shall be designed in accordance with the Americans with Disabilities Act, comply with the International Building Code and ICC/ANSI A117.1, and include the following:

(a) Accessible parking spaces serving a building shall be located on the shortest accessible route of travel from adjacent parking to an accessible structure. In parking facilities not serving a building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility.

(10) The design of an access driveway to parking areas should consider: line of sight; offset to adjacent and opposing driveways; and proximity to nearby intersections, and comply with § 97-27.1.

(11) Parking space requirements shall be in compliance with Chapter 112 of the Borough Code, titled "Zoning."

(12) All privately owned parking areas, including signs and pavement marking, shall be maintained by the owner in good condition, free of such items as weeds, dust, trash, snow, ice, and debris.

B. Location: off-street parking; on-street parking; interconnected parking; shared parking; stacked parking.

(1) Off-street parking.

(a) All off-street parking areas which have three or more parking spaces shall be designed in compliance with the following regulations:

[1] Such parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring any other motor vehicle to be moved, except in the case of a single-family detached dwelling, or stacked parking as permitted herein.

[2] Such parking areas shall not be built or maintained to permit parked vehicles to back into a public street in order to leave a parking space, except in the case of a single-family detached or single-family attached dwelling.

[3] Such parking area shall be graded to provide positive drainage which does not create a hazard by permitting excessive stormwater flow across streets or alleys or onto adjoining properties.

[4] Such parking area shall be paved with asphalt, bituminous concrete, concrete, brick or other similar unit paver.

[5] All paving shall be placed on a minimum of six inches of crushed stone base (PA-2A or approved equal) which shall be placed on one inch of limestone screenings.

[6] All such parking areas shall be line-striped with white or yellow line-stripe paint.

[7] Such parking area shall be physically separated from any street by a raised-concrete or other approved curb, per § 97-29, except in locations of an access driveway.

[8] Such parking area shall have direct access to an aisle or driveway, and shall have vehicular access to a street so designed to minimize interference with pedestrian and traffic movement.

[9] Such parking area which includes more than 200 parking spaces shall be divided into parking areas of no more than 100 vehicles. The parking areas shall be bounded by a street, building, planting median or internal street.

(b) Off-street angled parking shall be oriented with the flow of vehicular traffic, and shall not conflict with traffic circulation within the parking area.

(c) Whenever new development or redevelopment is proposed, and an existing off-street parking lot is located along the frontage of a street in the TC District, a low brick wall and/or pier-fence-hedge combination shall be used to screen such parking.

(d) Parking areas shall not be located within any front yard areas, except in the Industrial District, where parking in the front yard may be permitted in accordance with Chapter 112 of the Borough Code, titled "Zoning."

(e) Off-street parking lots shall not be located in front yards for any new development or redevelopment project in the TC, CS, IS, and MU Districts. Instead, off-street parking lots for new development or redevelopment projects in the TC, CS, IS, and MU Districts shall be located in rear yards. If, because of a wide lot or a constraining topographic or hydrologic feature in a rear yard, off-street parking is proposed with street frontage or in a side yard, then a low brick wall and/or pier-fence-hedge combination shall be used to screen such parking in accordance with Appendix A, Article IV Design Standards.[2]

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

(f) Parking areas in nonresidential districts shall be located in accordance with the table below:

	Yards
Zoning District	Front	Side (Interior)	Side (Exterior) Corner Lot	Rear
TC	Not Permitted4	Permitted with screening2	Not Permitted	Permitted with screening2
CS	Not Permitted4	Permitted with screening2	Permitted with Street Wall1	Permitted with screening2
ID	Permitted3	Permitted with screening	Permitted with screening2	Permitted with screening2
IS	Not Permitted4	Permitted with screening2	Permitted with screening2	Permitted with screening2
MU	Not Permitted4	Permitted with screening2	Permitted with screening2	Permitted with screening2

1	See § 97-28D(3) and (4) pertaining to street walls and pier-fence-hedge combination.
2	See § 97-28D(1) pertaining to landscaping and screening.
3	Parking in front yard areas in the ID District shall be permitted in accordance with § 97-28B(1)(i).
4	A street wall may be created in accordance with § 97-28B(1)(i).

(g) Off-street parking in nonresidential districts shall be screened in accordance with the standards in § 97-28D(1).

(h) Parking areas in residential districts for attached single-family dwellings of 10 units or greater, and multifamily dwellings of 10 units or greater, shall be located in the rear and/or off alleys to the maximum extent possible.

(i) Off-street parking lots in residential districts shall be located off alleys to the maximum extent possible, and shall comply with the standards set forth for off-street parking included herein. Off-street parking lots in residential districts are only permitted in the front yard with a street wall if there is no possibility to fit such parking in the rear of the lot, per § 97-28(3) and (4), and permitted in the side yards (interior and exterior) and rear yard per the screening standards in § 97-28D(1).

(j) Such parking areas shall be designed in accordance with the standards set forth in Appendix A, Article IV Design Standards.[3]

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

(2) On-street parking.

(a) On-street parking areas shall be clearly depicted on a land development plan. Such parking areas shall not conflict with any turning movements off the cartway or obstruct access to any street, driveway, sidewalk, crosswalk, other accessway, or fire hydrant.

(b) On-street and off-street angled parking shall be oriented with the flow of traffic, and shall not conflict with vehicular traffic movement.

(c) On-street parking shall be designed in accordance with the standards set forth in Appendix A, Article IV Design Standards.[4]

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

(3) Interconnected parking.

(a) Interconnected parking areas shall be designed to allow for logical interconnections to abutting properties. All parking areas located within 50 feet of a common property line in a nonresidential zoning district shall be interconnected to adjacent lots in a nonresidential zoning district, consistent with the following requirements:

(b) For each nonresidential use, the applicant shall provide an access easement for proposed parking areas and driveways guaranteeing access to all abutting lots that are within a nonresidential zoning district where such easements enhance traffic circulation and connectivity. This easement shall provide for the construction of the interconnection between the development's proposed parking area and any parking area on adjacent lots.

(c) When an access easement has been provided on an adjacent lot in accordance with this section, the development shall directly connect the parking areas via a driveway or street.

(d) Access easements shall logically connect to internal streets.

(e) Access easements and maintenance agreements or other suitable legal mechanism shall be provided for common parking areas or driveways of each nonresidential use, in a form acceptable to the Borough Solicitor.

(4) Shared parking.

(a) Shared parking may be utilized where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods.

(b) A reduction in the required number of parking spaces may be approved by the Borough based on the findings and recommendations of a traffic consultant or other qualified parking professional. The maximum reduction may be up to the number of parking spaces required for the least intensive use.

(5) Stacked parking.

[Amended 9-18-2024 by Ord. No. 04-2024]

(a) Stacked parking shall be limited to a maximum of two cars in depth and no less than nine feet wide and 36 feet long. Access aisle widths for stacked parking shall be the width used for standard parking stalls. Accessible parking spaces shall not be used in a stacked parking configuration.

(b) Stacked parking shall be permitted only for nonresidential uses, single-family detached dwellings and single-family attached dwellings as set forth hereinbelow.

(c) Stacked parking for single-family detached dwelling units shall be confined to designated driveways and shall not interfere with pedestrian circulation on sidewalks.

(d) Stacked parking for single-family attached dwelling units shall be limited to dwellings where the garage for the exclusive use of that unit is located directly below the dwelling unit and the parking spaces adjacent to the garage are for the exclusive use of the dwelling unit above. Stacked parking spaces shall not be counted toward the required number of guest/visitor parking spaces.

(e) Stacked parking for nonresidential uses shall be reserved for use by employees and shall be designated for employee parking through the use of signage or pavement marking. At least 50% of the required spaces shall be standard spaces (nonstacked) that are available for the use of visitors.

(f) Stacked parking shall not block sidewalks.

C. Dimensions.

(1) Except as otherwise provided in this § 97-28, the minimum size for individual parking spaces, excluding accessways for vehicles, shall be nine feet by 18 feet in size. Parking spaces in public parking garages, which are permitted as governmental uses or municipal uses in the Town Center District, may be eight feet by 18 feet. For parking areas with three or more parking spaces, the minimum dimensions in the following table and diagrams shall apply:

Angle of Parking (x°)	Stall Width (a)	Stall Depth (b)	Aisle Width (c)		Skew Stall Width (d)	Module Width (e)
			1-way	2-way
90°	9 feet	18 feet	22 feet	24 feet	—	58 feet/60 feet
60°	9 feet	17 feet	18 feet	22 feet	10 feet, 5 inches	52 feet/56 feet
45°	9 feet	19 feet, 1 inch	15 feet	20 feet	12 feet, 9 inches	53 feet, 2 inches/58 feet, 2 inches
30°	9 feet	16 feet, 10 inches	12 feet	20 feet	18 feet	45 feet, 8 inches/53 feet, 8 inches
Parallel	7 feet	22 feet	12 feet	20 feet'	—	28 feet/36 feet

Parallel Parking Layout

(2) The width of any entrance and exit drives shall be:

(a) A minimum of 12 feet for one-way use only.

(b) A minimum of 20 feet for two-way use.

(3) For the purpose of servicing any property held under single and separate ownership, entrance and exit drives crossing the lot line along a street shall be limited to two along the frontage of any single street, and their center lines shall be placed at least 80 feet apart. On all corner properties, such drives shall be spaced a minimum of 60 feet, measured at the curbline, between the center line of any entrance or exit drive and the street line of the street parallel to said access drive.

(4) Off-street parking lot layouts shall be designed in accordance with the standards set forth in Appendix A, Article IV Design Standards.[5]

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

(5) Parking structures shall be designed in accordance with the following:

(a) Maximum grade of parking floors: covered, 6%; uncovered, 5%.

(b) Maximum grade of ramps: covered, 15%; uncovered, 12%.

(c) Minimum elevators on multilevel facilities: one for each 200 parking spaces.

(d) Number and location of ingress/egress lanes: to be determined based upon traffic analysis.

(e) Minimum ramp and aisle width and other design requirements shall be designed in accordance with other off-street parking areas per this section.

(f) Minimum vertical clearance of eight feet to two inches for access to all accessible parking spaces.

(6) Wheel stops shall be four to six feet in length and four inches in height.

(7) Sidewalks and crosswalks shall be a minimum at five in width.

D. Landscaping and lighting.

(1) Landscaping.

(a) Off-street parking areas shall be screened and landscaped in accordance with § 97-33 of this article, and with Chapter 112 of the Borough Code, titled "Zoning."

(2) Lighting.

(a) All artificial lighting used to illuminate any parking space or spaces shall be so arranged and shielded that no direct lighting shall produce glare on any neighboring property. The angle for any such lighting shall not exceed 30° from the source to the ground.

(b) Off-street parking areas, main entrances and exits which are open to the public shall be lighted to a maximum average of two foot candles at an elevation of three feet above the surface.

(c) The type and scale of luminaires shall be coordinated with pedestrian walkways, parking spaces, building and site entrances, and other parking area features, and in accordance with Appendix A, Article IV Design Standards.[6]

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

(d) All parking areas and circulation routes shall be well lit to ensure safety.

(e) All lighting shall promote a dark sky effect with lighting pointing down.

(3) Street walls shall be implemented in order to create a visual screen to existing off-street parking areas, and proposed off-street parking areas, per Appendix A, Article IV Design Standards.[7]

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

(4) A pier-fence-hedge combination may be utilized as a form of street wall in order to screen off-street parking areas, per Appendix A, Article IV Design Standards.

E. Infrastructure.

(1) Materials.

(a) Off-street parking areas shall be paved with asphalt, bituminous concrete, concrete, brick or other approved similar unit paver.

(b) All paving shall be placed on a minimum of six inches of crushed stone base (A-2A or approved equal).

(c) Off-street parking areas shall be line-striped with white or yellow line-stripe paint.

(d) Painted lines and arrows shall be provided and maintained to control parking when necessary to direct vehicular circulation.

(2) Parking area grades shall be a minimum grade of 1% slope to ensure proper drainage, and a maximum grade of 5% slope.

(3) Commercial and multifamily residential driveways serving parking lots with five or more spaces shall not exceed 8% grade. Crown or cross-slopes of driveways shall be 2% except the minimum cross-slope may be 1% and the maximum cross-slope may be 5% where physical conditions do not warrant or allow 2%. The angle of departure and angle of approach of driveways shall not exceed 4%.

(4) Driveway grades shall conform to the street cross-slope within the traveled way and parking lanes of the ultimate section of the street. Within the right-of-way, driveway grades shall conform to sidewalk grades, when sidewalks are provided.

(5) The length of the parking space and use of wheel stops shall be implemented in a manner that assures vehicle overhang will avoid contact with abutting objects such as landscaping, irrigation, or walls and vehicle intrusion on pathways.

(6) If a wheel stop with overhang area is installed in a parking area, the distance from the front end of the space to the rear of the wheel stop shall be three feet. It shall be placed to avoid bumper overhang beyond the designated parking space and to avoid creating a safety hazard for pedestrians.

(7) Parking areas with more than one row of parking spaces shall have directional signs or surface painted directional markers to guide traffic.

(8) Property owners shall manage all stormwater within the lot lines of the property to be improved/developed.

(9) The installation of stormwater storage/infiltration facilities such as infiltration beds, bioretention, vegetated swales, and permeable pavement shall be in accordance with Appendix A, Article IV Design Standards.[8]

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

F. Electric vehicles.

[Added 2-21-2024 by Ord. No. 01-2024]

(1) Electric vehicle make-ready requirements.

(a) For any new nonresidential development or redevelopment, the installation of a new main electrical switchgear or the replacement of an existing electrical switchgear shall provide sufficient space and capacity to support the operation of Level 2 EVCS for at least 10%, or at least one of the parking spaces, whichever is larger, with a dedicated branch circuit and overcurrent protection for each EVCS, with a raceway terminating in close proximity to vehicle parking.

(b) For any development proposing new multifamily dwellings or the redevelopment of existing multifamily dwellings, the installation of a new main electrical switchgear, or the replacement of an existing electrical switchgear, shall provide sufficient space and capacity to support the operation of Level 2 EVCS for at least 20%, or at least one of the parking spaces, whichever is larger, with a dedicated branch circuit and overcurrent protection for each EVCS, with a raceway terminating in close proximity to vehicle parking.

(c) For developments that propose the construction of single-family dwellings, such dwellings or their garages shall be constructed to provide a dedicated branch circuit and overcurrent protection to accommodate a future Level 2 EVCS installation, with a wired receptacle and raceway terminating within close proximity to vehicle parking.

(d) For developments with both residential and nonresidential uses, EV make-ready standards shall be calculated based on the proportional number of parking spaces allocated to each use.

(2) Electric vehicle charging station installation requirements.

(a) For any new nonresidential development or redevelopment with more than 10 parking spaces, at least 5% of the parking spaces, and no less than one, shall be EVPS served by a Level 2 or Level 3 EVCS connection. Nonresidential properties with less than 10 parking spaces are exempt from EVCS installation requirements.

(b) For any development proposing a new multifamily dwelling or the redevelopment of an existing multifamily dwelling, at least 5% of the parking spaces, and no less than one, shall be EVPS served by a Level 2 or Level 3 EVCS connection.

(c) For developments with both residential and nonresidential uses, EV charging and capacity requirements shall be calculated based on the proportional number of parking spaces allocated to each use.

(3) Electric vehicle charging station and site standards.

(a) Installation of EVCS shall meet the requirements of all applicable state and local codes, permit requirements, and ordinances.

(b) Construction documents shall indicate the raceway termination point and proposed location of future EVPS, provide information on amperage of future EVCS, raceways, wiring schematics and electrical load calculations to verify that the electrical panel service capacity and electrical system comply with the requirements of this chapter.

(c) The ratio of EVPS that shall be handicap-accessible shall be the same as the ratio of handicap-accessible parking spaces to the total number of parking spaces, with a minimum of one EVPS being handicap-accessible.

(d) EVCS cords shall be retractable and/or have a place to hang the cord and connector sufficiently above the pedestrian surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

(e) EVCS outlets and connectors shall be mounted to comply with all relevant Americans with Disabilities Act (ADA)[9] requirements. Where EVCS equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, the charging equipment must be located so as not to interfere with accessibility requirements.

[9] Editor's Note: See 42 U.S.C. § 12101 et seq.

(f) EVCS pedestals shall be designed to minimize potential damage by accidents and vandalism and to be safe for use in inclement weather.

(g) EVCS shall be protected from vehicle impacts by curbs, wheel stops, bollards or other physical barriers. The EVCS shall be offset a minimum of 24 inches clear from the physical barrier.

(h) EVCS at nonresidential properties shall be accessible and available for use by tenants and lawful occupants of the property.

(i) Any EVCS shall be marked with a sign and/or paint indicating that its use is reserved for EVs.

(j) The following information shall be posted at each EVCS:

[1] Hours of operation, time limits, and towing provisions which may be enforced by the property owner.

[2] Usage fees, if any.

[3] Contact information to facilitate reporting when equipment is not operating correctly or other issues.

(k) Appropriate site lighting shall be provided wherever an EVCS is installed unless the parking area is limited to daytime use only.

§ 97-29 Curbs.

A. Curbs shall be installed on all streets. Curbs shall be constructed in accordance with the requirements of Chapter 95, Streets and Sidewalks, § 95-12, Construction requirements for curbing, of the Code of the Borough of West Chester. Any other aspects of construction, as deemed applicable by the Borough, shall be in compliance with the latest edition of § 30 of Pennsylvania Department of Transportation Specifications, Publication 408.

B. Curbs shall also be designed in accordance with § 97.A.8. of the Appendix A, Design Standards.[1]

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

§ 97-30 Street lights.

A. Streetlights shall be provided as part of any subdivision or land development. All wiring and power transmission lines in support of streetlighting shall be placed underground.

B. The style, type and manufacturer of streetlights shall be subject to the approval of the Borough. Further, the design and construction of streetlights shall be in compliance with all relevant standards of the provider of electricity.

C. Street lights shall also be designed in accordance with § 97.A.23. of Appendix A, Design Standards.[1]

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

D. All applicants shall promote a dark sky lighting effect through the installation and maintenance of light fixtures with lights pointing down, and lighting that is shielded to prevent lighting pointing up.

§ 97-31 Sidewalks.

A. Sidewalks shall be required on both sides of all public or private streets and shall be installed and/or upgraded by the applicant along the street frontage of his property where sidewalks do not exist or are not in compliance with Borough standards.

B. Sidewalk construction and maintenance shall be in accordance with the applicable provisions of Chapter 95, Streets and Sidewalks, Article II, Sidewalk and Curb Construction Specifications, of the Code of the Borough of West Chester. At driveway crossings, the minimum four-inch thickness of the sidewalk shall be increased to a minimum of six inches with reinforcement.

C. Sidewalks shall have minimum width of 4 1/2 feet in residential zoning districts and five feet in nonresidential zoning districts, and shall connect to existing sidewalks on adjacent properties.

D. Brick sidewalks shall be constructed to replace any brick sidewalk that has been removed or disturbed. Brick sidewalks shall be installed and maintained in the TC-Town Center and HARB Districts.

E. No new asphalt driveway shall be installed to cover or replace a concrete and/or brick sidewalk.

F. Sidewalks shall also be designed in accordance with § 97.A.20. of the Appendix A, Design Standards.[1]

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

§ 97-32 Street trees.

A. Any street tree to be installed shall have a minimum caliper of three to 3 1/2 inches and a minimum height of 12 feet at installation.

B. Street trees shall be designed and installed and maintained in accordance with § 97.A.24. of the Design Standards of Appendix A, as well as Appendix B,[1] whereby all required street trees shall be selected from the list of species approved by the West Chester Borough Tree Commission and the West Chester Borough Arborist.

[Amended 12-17-2019 by Ord. No. 20-2019]

[1] Editor's Note: Said appendixes are included as attachments to this chapter.

§ 97-33 Landscaping and screening.

A. All required landscaped areas shall be installed and maintained in accordance with a landscaping plan approved by the Borough Council. The required landscaping plan shall depict all proposed plantings required to create a green area, and/or a buffer planting strip, and/or a pedestrian gathering area, and to complement, screen or enhance buildings, streets, parking areas, sidewalks, walkways, sitting areas, service or maintenance areas or structures, courtyards, and other site features and structures.

B. All required landscaping plans shall be prepared by a landscape architect and shall be submitted at the time when all other required applications and/or plans are submitted. Landscaping plans shall demonstrate:

(1) Functional and aesthetic criteria related to the tract or lot and to the principal and accessory buildings and other structures.

(2) Effective screening of views to the tract or lot and screening buildings, parking and other structures.

(3) The creation of visual interest for the users, residents, and nonresidential inhabitants of the proposed development.

(4) The use of plant materials which are acclimated to the conditions at the tract or lot and within the Borough.

(5) Compliance with the design standards for landscape excellence in Appendix A, § 97.A.13.[1]

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

C. A landscaping plan shall include notes, diagrams, sketches or other depictions to present the consideration and analysis of the following:

(1) An analysis of the site in terms of the existing views to and from the areas and buildings which are proposed for development, existing topography and vegetation conditions and other existing conditions relevant to the site, including the location, size and type of street trees and shade trees which are planted on adjacent properties within 50 feet of the proposed development and across the street from the proposed development within the public right-of-way.

(2) An analysis of proposed planting and other landscaping needs as related to screening views of buildings, screening buildings and sections of buildings, screening parking areas and other areas where vehicles are parked, screening storage areas, screening utilities, and other types of screening.

(3) The consideration of locations where plantings and other landscaping are needed to provide visual interest, define outdoor spaces, complement the proposed architectural style and achieve other functional and aesthetic objectives for buffer areas, pedestrian gathering areas, and other landscaped areas, such as privacy, security, drainage and property maintenance.

D. A preliminary landscaping plan and a final landscaping plan shall reflect the following detailed criteria:

(1) A buffer planting strip shall be installed and maintained at the width required in Chapter 112 of the Borough Code, titled "Zoning," and to be in compliance with the Appendix A Design Standards, § 97.A.5.,[2] to form a continuous visual buffer. In addition to ground covers and evergreen shrubs, the buffer planting strip shall be comprised of evergreen trees which are a minimum of six feet in height at the time of planting and shall be spaced at no more than ten-foot centers. The combined evergreen shrub and tree plantings shall constitute a continuous visual screen at the time of occupancy of any building and/or at the time of initiation of any use.

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

(2) Large or medium street trees shall be provided along all streets where there are no existing street trees. Large street trees shall be placed at distances no greater than 45 feet apart on center on a given side of the street. Medium street trees shall be placed at distances no greater than 30 feet apart on center on a given side of the street. Street trees shall not be planted directly across from an existing street tree which has been planted on the opposite side of the street and instead shall be planted in alternating rows unless Borough Council approves a different arrangement or grouping.

(3) The outer perimeter of all parking areas shall be screened. Effective screens shall be accomplished through the use of plant materials, fencing, walls, mounding through the use of earthen berms, and/or a pier-fence-hedge combination.

(4) Parking areas shall be landscaped as required in the Zoning Ordinance,[3] and as set forth below:

(a) Screening between any off-street parking lot and the street line shall be effective at the time of occupancy, subject to the following provisions:

[1] All off-street parking areas which provide more than three parking spaces shall be screened from any abutting residential property.

[2] Screening along street frontage shall be installed along the outward edge of the parking lot in accordance with the following requirements:

[a] Effective screening for front yards, side (interior) yards, and side yard parking areas abutting the street frontage may be accomplished through the use of the following: landscape buffers, streets walls, and/or a pier-fence-hedge combination in accordance with Appendix A, Article IV Design Standards.[4]

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

[b] The screening shall be installed along the entire length of the parking area adjacent to the street frontage, except where walkways and driveways connect to the street.

[3] Effective screens for side (interior) and rear yards may be accomplished through the use of the following: landscape buffers, fencing or walls, and/or mounding through the use of earthen berms in accordance with Appendix A, Article IV Design Standards.[5]

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

[4] The area for planting, fencing, walls, earthen berms, brick walls, or piers-fences-hedges shall not extend beyond the street line.

[5] When planting screens are employed in side and rear yards, the following shall apply:

[a] A buffer planting strip, from five to 20 feet in width, shall be provided, depending on the specific requirements for each Zoning District.

[b] The type of plant materials to be used shall be in accordance with the Appendix A, Design Standards,[6] and subject to review and approval of the Borough Council, upon recommendation of the Tree Commission and the Planning Commission.

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

[c] Planting screens shall be of sufficient height and sufficient density to constitute a visual buffer five feet in height at the time of planting. The spacing of plant materials shall be subject to review and approval of the Borough Council, upon recommendation of the Tree Commission and the Planning Commission.

[d] Whenever fencing or walls are employed, they shall be no less than six feet in height and subject to the height restrictions of Chapter 112 of the Borough Code, titled "Zoning," unless a brick street wall is utilized for front and/or side (interior) yard screening at a height of 48 inches.

[e] Whenever earthen berms are employed, they shall be no less than 4 1/2 feet in height and subject to the height restrictions of Chapter 112 of the Borough Code, titled "Zoning."

(b) Landscaping within any parking area which provides more than three parking spaces shall be subject to the following provisions:

[1] 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 and to provide for an attractive setting.

[2] Each parking area shall have one two-and-one-half-inch to three-inch caliper shade tree for every five parking spaces. Shrubs, ground covers, and other plant materials shall be used to complement the shade trees.

[3] The type of plant materials to be used shall be subject to review and approval of the Borough Council and shall be of a quality as specified in this chapter.

[4] The landscaping and planting areas shall be reasonably dispersed and grouped throughout the parking area, except where there are more than 20 parking spaces, in which case the following shall apply:

[a] Landscaped islands shall be provided at the end of each parking bay, and shall be provided for every 10 or more contiguous spaces occurring in a single row of parking (or for every 20 or more contiguous spaces occurring for a single aisle of parking). Such islands shall be a minimum of eight feet in width and 18 feet in length, and shall be crowned, not flat. Such islands shall be provided to enhance the appearance of the parking area and to control access and movement within the parking area.

[b] Landscape islands provided between/parallel to interior parking rows shall be a minimum of five feet in width in order to provide sufficient area for plant growth.

[c] All planting islands and planting beds within a parking area shall be surfaced with ground covers and/or dwarf shrubs and shall not be grassed. Stone mulch may be used in conjunction with ground covers and shrubs, but shall not constitute more than 25% of the area of any planting bed. Such islands shall be grade separated to protect and preserve the plant material.

[3] Editor's Note: See Ch. 112, Zoning.

(5) In addition to the other landscaping requirements contained in this section, all buildings shall be landscaped in accordance with the following criteria:

(a) A combination of evergreen and deciduous trees and shrubs shall be used as foundation plantings, i.e., plantings to be installed in reasonably close proximity to the facades.

(b) One two-and-one-half-inch to three-inch caliper specimen deciduous tree shall be planted for every fifty-foot length of building facade, measured from end to end of buildings, without regard to indentations and the like in the buildings and facades and excluding any enclosed walkway connectors and elevator cores; and one six-foot to seven-foot specimen evergreen tree shall be planted for every 50 feet of length of the building facade. Any existing trees of the specified size or larger may be counted as part of this requirement.

(c) Five evergreen and/or deciduous shrubs 30 inches in height shall be planted for every 20 feet of length of the building facade. Any healthy existing shrubs of the specified size or larger may be counted as part of this requirement.

(d) Trees and shrubs shall be grouped in accordance with specific needs and objectives.

(e) When the plantings required in this section are unable to be located in close proximity to the building foundation, and/or would be more effective in another location of the site, an equivalent quantity, type, and size of plantings may be utilized as compensatory planting on the site, subject to approval by the Borough Council. Compensatory planting may be achieved by having larger sizes of trees and/or shrubs, architectural planters with plantings, or other similar measures, whereby the overall landscaping costs meet or exceed the value of the required plantings.

(6) Other landscaping, including trees, shrubs and ground covers, shall be provided along walkways, in courtyards, around sitting areas, at the entrance to the site and in other highly visible locations, especially on the outer side of any internal access roads which are visible from a public street which may adjoin a tract, at the entrance to buildings and around structures used for service, storage or maintenance purposes.

(7) The location, type, size, height and other characteristics of landscaping shall be subject to the review and approval of the Borough Council.

(8) Landscaping shall also be in accordance with § 97.A.14. of the Appendix A, Design Standards, as well as Appendix B, Street Trees & Shade Trees; and Landscaping.[7]

[7] Editor's Note: Said appendixes are included as attachments to this chapter.

E. The preliminary landscaping plan shall be drawn at a scale of at least one inch equals 50 feet. It shall be totally coordinated with the overall site plan and shall contain the following:

(1) A delineation of existing and proposed plant materials.

(2) A delineation of other landscaping features, such as berms, planting beds to be used for herbaceous plants, areas to be devoted to lawns and other elements of the proposed improvements, such as fences, walls, berms, retaining walls, lighting, benches, signs, paving, stone, tree wells and the like.

F. A final landscaping plan shall be submitted after the Borough has reviewed the preliminary landscaping plan and submitted comments on the plan to the applicant. The final landscaping plan shall be drawn at a scale of one inch equals 50 feet. It shall be totally coordinated with the overall site plan and shall contain the following:

(1) A final version of all of the plan requirements stated in § 97-33E for a preliminary plan.

(2) A plant list wherein the botanical and common name of proposed plants are listed, along with the quantity, caliper, height, spread and other dimensions and characteristics.

(3) Details for the planting and staking of trees and the planting of shrubs and any other details which depict other related installation or protection, such as ground cover spacing, tree fencing, tree grates and tree guards, tree wells, and the like.

(4) Information regarding the continued maintenance of all plantings and notes indicating that all plantings will be installed, maintained and replaced if dead or diseased, in locations as shown on the approved landscaping plan.

(5) The final landscaping plan shall also be in accordance with the § 97.A.14. of the Appendix A, Design Standards, as well as Appendix B.[8]

[8] Editor's Note: Said appendixes are included as attachments to this chapter.

G. Plant characteristics and maintenance.

(1) All plants shall conform to the standards for nursery stock of the American Association of Nurserymen.

(2) Trees and shrubs shall be typical of their species and variety and have normal growth habits, well-developed, densely foliated branches and vigorous, fibrous root systems.

(3) Trees and shrubs shall be free from defects and injuries and certified by appropriate federal and state authorities to be free from diseases and insect infestations.

(4) Trees and shrubs shall be freshly dug and nursery grown. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.

(5) Any tree or shrub which dies shall be replaced by the developer or landowner. Any tree or shrub which is deemed, in the opinion of the Borough, not to have survived or grown in a manner characteristic of its type shall be replaced. Substitutions for certain species of plants may only be made when approved by the Borough Council.

(6) It shall be the responsibility of the landowners, tenants and/or other occupants of the premises to adequately and properly maintain the landscaped areas, which responsibility shall include watering, cleaning of weeds and debris, pruning and trimming, replacement of dead or diseased plantings and fertilizing to maintain healthy growth.

(7) All existing trees along the right-of-way of any property shall be kept trimmed nine feet above any sidewalk and 11 feet above all streets.

(8) All new street trees and shade trees in parking lots shall be limbed up seven feet above finished grades.

(9) All shrubs and other growth abutting any sidewalks shall be kept cut back six inches from the edge of the sidewalks.

(10) Existing trees and shrubs at the corner of an intersection of streets and/or driveways shall be cut to the height of 24 inches from the point of intersection of the corner property lines back 50 feet to avoid blocking sight distance to oncoming traffic, and shrubs or ground covers to be planted shall be of the dwarf variety and shall not exceed 24 inches in height at maturity.

§ 97-34 Conservation of natural features.

A. Any encroachment on streams or floodplains shall be regulated as per Chapter 112 of the Borough Code, titled "Zoning." Further, subdivisions or land developments within any designated FP District shall be designed so that each subdivision lot includes a safe building site with adequate access, and public facilities which serve such uses shall be designed and installed to minimize flood damage.

B. Disturbance or removal of vegetation occupying environmentally sensitive areas shall be undertaken only when necessary and on a limited selective basis to minimize the adverse impacts of such actions. These sensitive areas shall include but not necessarily be limited to floodplains, streams and pond banks, sloping lands and wetlands.

C. Conservation practices during site preparation.

(1) Protection of vegetation from mechanical injury.

(a) All woody vegetation to be retained within 25 feet of a building site, parking area or other proposed improvement shall be protected from equipment damage by snow fencing or similarly effective barriers.

(b) Operators of heavy equipment shall minimize damage to existing tree trunks and root systems. Roots shall not be cut or disturbed within the area circumscribed by the dripline of any tree.

(c) Tree trunks and exposed roots damaged during construction shall be protected from further damage by fencing or other structural barrier. Treatment of damaged areas shall be dictated by the nature of the injury, e.g., damaged bark should be cut back to a point where the bark is intact and tight to tree; exposed roots shall be cleaned up and covered with topsoil.

(d) Trees shall not be used for roping, cables, signs or fencing. Nails and spikes shall not be driven into trees.

(e) The area around the base of existing woody vegetation shall be left open. No impervious cover or storage of equipment, materials, debris or fill shall be allowed within the dripline of any existing tree.

(2) Protection of vegetation from grading change. Grade changes to occur at any location on the property shall not result in an alteration to soil or drainage conditions which would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems.

(3) Protection of vegetation from excavation.

(a) When digging trenches for utility lines or similar purposes, disturbance to the root zones of all woody vegetation shall be minimized.

(b) If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible, avoiding soil compaction.

(4) Protection of topsoil.

(a) No topsoil shall be removed from a site unless a sufficient amount is retained to provide at least six inches of topsoil cover over all of the site's exposed earth surfaces. More than six inches may be required if the Borough determines that a greater amount is needed for the long-term viability of certain plantings, or for berms, or for other practical reasons.

(b) Topsoil removed by grading operations shall be redistributed and stabilized as quickly as possible following the completion of a project or project phase. All exposed earth surfaces shall be stabilized by the following methods or approved equal:

[1] Seeding or planting on slopes less than 10%.

[2] Sodding, hydroseeding or riprap on slopes exceeding 10%.

[3] Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period November 15 to April 1, when revegetation of exposed ground surfaces is difficult.

(5) Protection during cleanup. Fences and barriers placed around woody vegetation during construction shall be removed if they could impede the growth and maintenance of such vegetation.

D. Protection of wetlands.

(1) Wetlands shall be determined to exist when indicated by one or more of the following:

(a) The National Wetlands Inventory, as prepared by the United States Fish and Wildlife Service.

(b) Hydric soils, as depicted in the Soil Survey of Chester and Delaware Counties (United States Department of Agriculture, 1963, and any updates thereto).

(c) The existence of hydrophytic vegetation and hydrologic conditions supportive of such vegetation, as determined by on-site investigation.

(2) Should the existence of wetlands be indicated as per the requirements of Subsection D(1) above, a wetlands delineation shall be performed by a licensed professional engineer, hydrogeologist, soil scientist or similarly qualified professional experienced in wetlands ecology; the selection of this party shall be at the discretion of the applicant. Plans shall be submitted to the Borough for review, showing the delineation and indicating any disturbance of wetlands anticipated. The qualifications of the consultant performing the delineation shall be submitted with such plans. Further, unless it is clearly evident in such plans that no disturbance to the designated wetlands is anticipated, the delineation performed shall be submitted to the appropriate regulation agencies, including but not limited to the Army Corps of Engineers and the Pennsylvania Department of Environmental Resources, for boundary confirmation and/or requisite wetlands permits. All potential impacts on wetlands shall conform to applicable regulations.

(3) Should the Borough conclude, per the requirements of Subsection D(1), that wetlands exist on the site, contrary to the applicant's findings, the Borough shall, at its discretion, request that either the Army Corps of Engineers, the Pennsylvania Department of Environmental Protection or the United States Fish and Wildlife Service verify the Borough's findings and perform a delineation. In the event such agency verifies the Borough's findings, the applicant shall be required to secure any required wetlands permits, unless the applicant's activity clearly will not impact existing wetlands.

(4) Where wetlands exist and disturbance permits and/or mitigation activities are required, final plan approval or granting of applicable permits from the Borough shall be contingent upon the applicant receiving all necessary wetlands permits.

§ 97-35 Storm and surface drainage.

A. Storm sewers shall be designed in accordance with the specifications in the Borough of West Chester Stormwater Management Ordinance adopted as Ordinance No. 18-2013 on December 18, 2013, and any updates thereto.[1]

[1] Editor's Note: See Ch. 94, Stormwater Management.

§ 97-36 Sanitary sewers.

A. Installation of sewerage facilities. The development of a subdivision or land development shall not proceed without a sanitary sewer system as herein set forth.

B. The Official Sewage Facilities Plan of the Borough of West Chester shall be published and, from time to time, revised by resolution of the Borough Council to show the sewered areas of the Borough and the major trunk sewers, pumping stations and treatment plants proposed to serve these areas.

C. General requirements.

(1) All collection sewers, all service laterals and all necessary building sewers as shown on the approved final plan shall be installed and connected to the existing Borough sanitary sewer system by the developer, at his expense, subject to inspection and approval thereof by the Borough.

(2) The specifications and details of design and construction of all items of the sanitary sewer system to be constructed for every subdivision and land development shall be in accordance with the latest requirements and standards for sewerage facilities of the Pennsylvania Department of Environmental Protection and in accordance with the design standards established by the Borough's rules and regulations.

(3) All construction work of the sanitary sewer system shall be completed under the inspection of the Borough. Construction work requiring inspection and testing shall not be backfilled without approval of the Borough, and construction work backfilled without such approval or consent shall be uncovered, the cost of uncovering and replacing to be borne by the owner or developer.

D. Sanitary sewer plan.

(1) Prior to the start of construction, the developer shall furnish a sanitary sewer plan of the sanitary sewer system for the proposed subdivision or land development for review and written approval by the Borough.

(2) Such sanitary sewer plan shall show the plan layout of all collection sewers, service laterals, building sewers (initial or future), connecting sewers and trunk sewers. Profiles of all collection sewers, connecting sewers and trunk sewers shall also be shown.

(3) The sanitary sewer plan shall show the location size, slope, length, rim elevation and invert elevations of each length of a collection sewer, connecting sewer and trunk sewer at the manholes; the location, length and elevation of the upstream end of each length of service lateral; and, where applicable, the location and size of building sewers and their relationship to any existing septic tanks, seepage pits and tile fields. The sanitary sewer plan shall also show the elevation of manholes (tops and inverts) and buildings, the first floor and the basement floor. Descriptive bounds of all rights-of-way and easements shall be shown on the sanitary sewer plan or accompanying drawings.

E. Permits. Before the construction or installation of any sanitary sewer system, a permit shall be obtained from the Pennsylvania Department of Environmental Protection and from any other governmental authorities having jurisdiction. The applicant shall prepare permit applications in the name of the Borough of West Chester and shall submit the same, with the necessary application fees and supporting documentation, to the Borough for review and execution.

F. Construction of sanitary sewer systems. Upon approval of final plans, the developer shall be required to post a bond or moneys in escrow with the Borough to assure satisfactory completion of the proposed sanitary sewer system in accordance with the terms of this chapter.

G. Acceptance of sanitary sewer systems. Upon final inspection and approval by the Borough of any sanitary sewer system, including independent sanitary sewer systems, said system shall be offered for dedication to the Borough in its entirety, including collection lines, laterals to the property line and rights-of-way and easements for said system, without charge to the Borough. The Borough may, at its option, accept dedication of all or any part of the system but shall not be required to do so at any given time.

H. Costs to be borne by developer. The costs of all reviews and approvals by the Borough and all inspection required and for the construction work for the sanitary sewer system for the proposed subdivision or land development shall be paid by the developer.

§ 97-37 Utilities.

A. Water. All subdivisions and land developments shall be served by public water, which shall be provided by public water service provider. The applicant shall present documentation from the public water service provider as to its ability to accommodate the water supply needs of the proposed subdivision or land development.

B. Other utilities. All other utility lines, including but not limited to electric, gas and telephone, shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Borough and of the public utility concerned.

§ 97-38 Recreational land and facilities.

Where a proposed subdivision is submitted under the terms of Chapter 112 of the Borough Code, titled "Zoning," concerning traditional neighborhood development, any open space and recreational land and facilities provided as part of that subdivision shall be in accordance with the terms of Chapter 112 of the Borough Code.

§ 97-38.1 Recreational land and facilities or payment of fees in lieu thereof.

A. Purpose. The purpose of this section is to require all subdivisions and land developments and newly created or converted condominiums to provide for suitable and adequate recreational facilities and/or recreational areas in order to:

(1) Insure adequate recreational areas and facilities to serve the future residents and inhabitants of the Borough.

(2) Comply with the Borough Recreation Plan.

(3) Be consistent with recreational guidelines of such agencies as the National Recreation and Parks Association (NRPA), the Chester County Planning Commission's Linking Landscapes, ADA, the PA DCNR, and the CPSC (Consumer Products Safety Commission).

(4) Be consistent with the Design Standards of Appendix A of this Chapter 97, especially those pertaining to recreational facilities.

(5) Reduce increasing pressure on the usage of existing recreational areas and facilities.

(6) Insure that all present and future residents and inhabitants of the Borough have the opportunity to engage in varied recreational pursuits.

(7) Reduce the possibility of the Borough becoming overburdened with the development and maintenance of many very small, randomly planned and widely separated recreation areas.

B. Applicability. The requirements of this section shall apply to all subdivisions and land developments.

C. General requirements.

(1) The applicant shall make an irrevocable offer of dedication of park and recreational land to the Borough per the requirements of this section. The Borough Council may authorize the transfer of the land to a homeowners' association or other appropriate third party, including but limited to a nonprofit association or nonprofit corporation organized to acquire and maintain real property for the preservation, conservation and stewardship of park and recreational land where consistent with the Borough's Recreation Plan, as adopted from time to time by Council. In lieu of dedicating park and recreational land to the Borough, the applicant may elect to a pay a fee in lieu to the Borough consistent with the requirements in § 97-38.1E below.

(2) All dedications of land for park and recreational purposes shall be consistent with the standards contained in the Borough's Recreation Plan, as adopted by Council and amended from time to time. Such dedications shall be at locations deemed appropriate by the Borough Council. If a specific site has been designated in the Recreation Plan for future park purposes, any preliminary or final subdivision and/or land development plan shall show the dedications of land in a location that corresponds to the Recreation Plan designation. Title to land to be dedicated shall be good and marketable, free of all liens or other defects and acceptable to the Borough Solicitor.

D. Amount of land required. The amount of land required to be provided by a developer and/or applicant for recreational purposes in all subdivisions and land developments and/or newly created or converted condominiums shall be as follows:

(1) Single-family residential developments. For residential subdivisions and land developments proposing and/or containing a single-family dwelling on each lot of the subdivision, the applicant and/or developer shall provide a minimum of 1,000 square feet per dwelling unit.

(2) Multifamily residential developments. In the case of multifamily residential developments, a minimum contiguous area of 5% of the total tract area shall be provided for recreation, exclusive of new streets and alleys for the land being developed.

(3) Nonresidential developments. In the case of nonresidential subdivisions and land developments, a minimum contiguous area of 2% of the total tract area shall be provided for recreation, exclusive of new streets and alleys for the land being developed.

(4) The Council may, at its sole discretion and upon recommendation from the Planning Commission and the Recreation Commission, agree to accept a lesser amount of land than the minimum percentage otherwise required, where the applicant agrees to provide a fully developed active recreational facility within the open space that addresses a recreational need of particular importance to the Borough in that location and that is particularly appropriate to the prospective inhabitants of the proposed development.

(5) All plans for proposed recreational facilities shall be prepared by a landscape architect, and shall include diagrams, calculations, and notes to demonstrate compliance with this § 97-38.1.

E. Fee in lieu of dedication. The applicant may, with the consent and approval of the Borough Council, elect to pay a fee in lieu of dedicating park and recreation land.

(1) Such fee shall, from time to time, be established by resolution by the Borough Council.

(2) Such fee shall be in conformance with the Borough Recreation Plan as amended from time to time, and the Design Standards in Appendix A of this Chapter 97.

(3) A note shall be placed on the subdivision and/or land development plan prepared for recording, stipulating the amount of the fee to be paid and the means and timing of payment, consistent with the terms of this section, and consistent with the resolution of Borough Council.

(4) All monies paid to the Borough pursuant to this section shall be used for providing, acquiring, operating or maintaining park or recreational facilities reasonably accessible to the development. Based on Recreational Service Area Standards for Community Parks of the NRPA (National Recreation and Park Association), the Recreational Service Areas for Everhart Park and Marshall Square Park shall be defined based on a one-mile radius from the center of these community parks.

(5) The full amount of the fee shall be placed in escrow or otherwise secured in a manner deemed acceptable under the terms of § 97-16 of this chapter as a condition of final plan approval by the Council. Actual payment of the fee for any lot shall be made at one of the following points, whichever shall occur first:

(a) At the time of conveyance of any lot;

(b) At the time of application for a building permit; or

(c) At the time that any public improvements are offered for dedication.

(6) The funds received shall be placed in the Borough's Park, Open Space and Recreation Reserve Fund which shall be under the exclusive control of the Borough Council. All fees received pursuant to this section shall be deposited in this fund and shall be specifically identified as reserved for providing, acquiring, operating or maintaining park or recreational facilities. Interest earned on such accounts shall become funds of that account. All sums received for and deposited in the Park, Open Space and Recreation Reserve Fund shall be held, invested and reinvested in the same manner as other funds of the Borough, but shall not be considered part of the general revenues of the Borough. The Borough shall, upon request of the party paying the fee required under this section, refund such fee, plus interest accumulated thereon from the date of payment if the Borough used the fee paid for a purpose other than the purposes set forth in this section. The developer and/or the applicant may waive, in writing, the requirement that such fees be expended for the purposes set forth herein and the requirement that such fees be repaid as set forth above.

F. Open space characteristics and design standards. In designating areas for recreation and/or recreational facilities within a subdivision or land development, the following criteria and standards shall be followed by the applicant and/or developer. All land designated for the purposes set forth in this section shall be:

(1) Consistent with the plan for parks, open space, and recreation in the Borough Recreation Plan and any other open space, park or recreational facilities plan existing or subsequently adopted by the Borough Council.

(2) Suitable to serve the purpose of active and/or passive recreation by reason of its size, shape, location, topography, and suitability for the intended users.

(3) Easily and safely accessible from all areas of the subdivision and development and/or condominium to be served, have good ingress and egress and have access to a public street.

(4) Designed and developed consistent with the guidelines of agencies such as the National Recreation and Parks Association, and the Chester County Planning Commission's Linking Landscapes, ADA, the PA DCNR, and the CPSC (Consumer Products Safety Commission).

(5) Designed, developed, and maintained as a viable public space such as a park, playground, plaza, pedestrian gathering area, or like-type facility.

(6) Interconnected with open space areas on abutting parcels wherever possible including provision for pedestrian pathways for general public use to create linked pathways systems within the Borough.

(7) Provided with sufficient perimeter parking, when necessary, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle and maintenance and vehicle traffic and containing appropriate access improvements.

(8) Undivided by any public or private street, except where necessary for proper internal traffic circulation, and then only upon recommendation of the Borough Engineer and Planning Commission.

(9) Suitably landscaped, either by retaining existing natural cover and wooded areas and/or by a landscaping plan for enhancing open space areas through plantings which are consistent with the purposes of this section and which minimize maintenance costs.

(10) Free of all stormwater management facilities retaining or detaining water from other portions of the development, and no stormwater management facility shall be counted as part of any land proposed for any active or passive recreational facilities.

(11) Accessible to sewer, water, energy, cable and telephone/telecommunication services provided with the property developed. If requested by any municipal body accepting dedication thereof, the applicant shall extend the referenced services into the park and open space buildings, structures or facilities thereon.

(12) Where part of a phased development, in amount and at locations, as deemed acceptable by the Borough Council, sufficient to meet the minimum open space needs generated by each phase of the development. The applicant shall provide, as part of the application for approval of the first phase of development, a schedule of the amount of open space lands or fees in lieu thereof to be provided in each of the subsequent phases.

(13) Located adjacent to other open space and recreational land, where part of a phased development, or where adjoining property contains open space and recreational lands at the boundary of the applicant's development.

(14) Provided at the property boundary of the applicant's development, where adjoining property is undeveloped and/or may be later added to land provided for open space and recreation.

(15) Made subject to such agreement with the Borough and such deed restrictions duly recorded in the Office of the Chester County Recorder of Deeds as may be required by the Borough Council for the purpose of preserving the land for the use intended.

(16) Comprised of no more than 20% of a floodplain area, and developed in accordance with the floodplain regulations.

(17) Designed in accordance with the applicable provisions of Appendix A of this Chapter 97, especially public space and recreational facilities.

§ 97-38.2 Transportation impact study.

A. Purpose. The transportation impact study will enable Borough Council of the Borough of West Chester to assess the impact of a proposed subdivision or land development on the transportation system, including its highways, public transportation services and pedestrian facilities, in the Borough of West Chester. The purpose of the impact study is to ensure that proposed subdivisions and developments do not adversely affect the transportation network and to identify any traffic problems associated with access between the site and the existing transportation network. The study's purpose is also to delineate solutions to potential problems and to present improvements to be incorporated into the proposed subdivision or development. The study shall assist in the protection of air quality, conservation of energy and encouragement of public transportation use and pedestrian accommodations.

B. A transportation impact study shall be prepared by a qualified traffic engineer and/or transportation planner licensed in the Commonwealth of Pennsylvania with previous traffic study experience. Procedures and standards for a transportation impact study are as set forth herein.

C. Applicability and timing of submission.

(1) A transportation impact study shall be submitted as part of all subdivision and land development applications involving the following:

(a) All residential subdivisions or land developments of five or more dwelling units/lots; and

(b) All subdivisions or land developments which are expected to generate 50 or more vehicle trips entering or exiting the development in any one-hour period or 500 or more trips per day.

(2) If the subdivision or development has multiple stages or phases, the need for the transportation impact study shall be based on the full build-out of the development.

(3) The transportation impact study shall be submitted to the Planning Commission and the Borough Engineer with the preliminary plan submission. Revisions to preliminary plans may constitute the need for resubmission of the traffic evaluation study or the revised conditions.

(4) A subdivision or land development application which requires a transportation impact study shall not be considered complete until the study is submitted to the Borough of West Chester in accordance with the provisions of this section.

D. Definitions. As used in this section, the following terms shall have the meanings indicated:

ENGINEERING AND TRAFFIC STUDIES

A study that is prepared in accordance with the Pennsylvania Code, Title 67, Chapter 212, Official Traffic Control Devices, and PennDOT Policies and Procedures for Transportation Impact Studies, as such Code may be amended from time to time.

LEVEL OF SERVICE (LOS)

As described in the current Transportation Research Board's Highway Capacity Manual, a qualitative measure of the operational conditions within a vehicular traffic stream and their perceptions by motorists. Six levels of service (A through F) are defined for each type of facility, with LOS "A" representing the least congested operating conditions and LOS "F" representing a breakdown in operating conditions. Levels of service are defined in terms of average delay per vehicle for signalized and unsignalized intersections. Level of service drops are those future conditions that result in a negative impact on intersection and/or approach lane level of service operations, i.e. LOS D changes to a LOS E in future conditions.

MAJOR INTERSECTION

The intersection of any arterial or collector street with any other arterial or collector street as defined by PennDOT/NJDOT Smart Transportation Guidebook, March 2008, PennDOT's Functional Classification Map, the municipal roadway classification document or the equivalent document of adjacent municipalities, where appropriate.

OFF-SITE TRANSPORTATION IMPROVEMENTS

Transportation-related improvements which are generally not contiguous with the property being developed and not required as an on-site improvement but are found by the transportation impact study to be necessary, partly or wholly, as a result of the proposed development.

ON-SITE TRANSPORTATION IMPROVEMENTS

All improvements on or adjacent to the development site in the public right-of-way required to be constructed by the owner/developer pursuant to any ordinance, resolution or requirement of the Borough and PennDOT.

PUBLIC TRANSPORTATION

Transportation service for the general public provided by a common carrier of passengers generally on a regular route basis, or a private operator offering service to the public.

QUEUE ANALYSIS

This procedure includes the average queue and maximum queue of vehicles which will be observed in each traffic stream and intersection approach, measured in both feet and vehicles. Various statistical and/or computer models may be applied.

SCOPING MEETING

A meeting with PennDOT and/or the Borough Engineer to determine the parameters of the transportation impact analysis required for a PennDOT highway occupancy permit (HOP) or prior to the commencement of the transportation impact study that is required pursuant to this section to coordinate agreement on Borough conditions and expectations.

STUDY AREA

The study area shall be defined at the Borough/PennDOT scoping meeting but, at a minimum, shall include all development site access locations, any intersections immediately adjacent to the development property as well as all major intersections within 1,000 feet of all development access locations. Additional intersections may be added per the scoping meeting. The study area shall also identify all transit routes and transit stops within 1,000 feet of the proposed development/redevelopment and the location of sidewalks and pedestrian crossings. Proposals that will generate more than 1,000 average daily trips, without reduction for pass-by or internal capture, shall expand the study area to include major intersections within a one-half-mile radius of the development access locations. All intersections identified in the study area shall be examined, even if the intersections are located outside of the Borough.

TRIP

A one-way trip into or out of the site, and not what is commonly referred to as a "round-trip."

TRIP GENERATION RATES

The total number of trips to and from a study site per unit of land use, as measured by the most current edition of the Institute of Transportation Engineers (ITE) "Trip Generation Manual." Upon approval by the Borough Engineer, alternative sources may be accepted.

VOLUME/CAPACITY ANALYSIS

This procedure compares the volume of a roadway or intersection approach to its capacity (maximum number of vehicles that can pass a given point during a given time period.) The procedures described in the 2010 Highway Capacity Manual (latest edition), Highway Research Board Special Report 209, shall be followed.

WARRANTS FOR TRAFFIC SIGNAL INSTALLATION

A series of tests which identify the minimum vehicular traffic or pedestrian volumes or other criteria necessary for installation of a traffic signal. The warrant criteria are available in the current Manual of Uniform Traffic Control Devices (MUTCD), or PennDOT's Traffic Engineering Manual (Publication 46).

E. Scoping meeting. A scoping meeting shall be required to ensure that the parameters used in the transportation impact study accurately reflect Borough conditions and expectations. The applicant should contact the Borough Engineer to confirm the scope of the scoping meeting prior to any submission. The scoping meeting shall address the number and locations of proposed access points, project schedule and phasing, study area and additional intersections to be included in the analysis, specific ITE Trip Generation land use codes, pass-by volumes, modal splits, any trip adjustments to be used, and other area developments and programmed roadway improvements to be included in the future conditions analysis as well as potential opportunities to implement transportation demand management (TDM) activities and improve upon existing pedestrian facilities. Agreement on all scoping parameters shall be obtained prior to initiation of the transportation impact study. The scoping meeting may be held in conjunction with the PennDOT scoping meeting. In addition, SEPTA shall be notified and invited to attend the scoping meeting to discuss potential transit improvement opportunities.

F. General requirements and standards. In addition to PennDOT's Policies and Procedures for Transportation Impact Studies, a transportation impact study shall also contain the following information:

(1) Site description. The site description shall include the size, location, existing and proposed land uses, construction staging, and completion date of the proposed land development. If the development is residential, types of dwelling units shall also be included. The general site description shall also include probable socioeconomic characteristics of potential site users, if available, to the extent that they may affect the transportation needs of the site, e.g., number of senior citizens. A brief description of other major existing and proposed land development within the study area shall be provided.

(2) Transportation facilities description. The description shall fully document the proposed internal and existing external transportation system:

(a) The map/graphic/description shall include proposed internal vehicular, bicycle, and pedestrian circulation, all proposed ingress and egress locations, all internal roadway widths and rights-of-way, parking conditions, traffic channelization, and any traffic signals or other traffic control devices at all locations within the site.

(b) The report shall describe the entire external roadway and transportation system, including pedestrian facilities, transit locations and bicycle facilities within the study area. Intersections in the study area shall be identified and illustrated. Use of aerial photographs to help illustrate the external transportation system is recommended. Any existing and proposed public transit services and facilities, pedestrian facilities, and bicycle facilities within a 1,000 feet radius of the developed site shall also be documented.

(c) All future roadway improvements for which state funding has been obligated or that are approved for other local developments, shall be indicated. This information shall be obtained from the Pennsylvania Department of Transportation's Transportation Improvement Program or Twelve-Year Highway and Bridge Program, Chester County Planning Commission and from the Borough. Roadway improvements associated with surrounding proposed developments that are proposed but not approved shall be noted but shall not be included in future conditions analysis unless otherwise indicated by PennDOT or the Borough at the scoping meeting.

(3) Existing transportation conditions.

(a) Existing transportation conditions shall be measured and documented for all roadways and intersections in the study area and shall include:

[1] Current average daily traffic volumes, peak roadway hour(s) traffic a.m., p.m. and Saturday (for residential, commercial and retail development or at the discretion of the Borough Engineer), and include the same for the peak hour(s) of the development-generated traffic.

[2] Intersection turning movement counts (including vehicular, bicycle and pedestrians) at all study intersections, encompassing the peak roadway and development generated peak hour(s), with dates when any and all traffic counts were made included as a technical appendix to the report. Transit boarding/alighting ridership information shall be provided for the closest transit stops within a maximum of 1,000 feet for all studied peak hours (a.m., p.m. and Saturday, if applicable).

[3] Traffic count data shall not be more than two years old but shall be updated if traffic volumes or patterns have changed significantly. No adjustment shall be applied for school and/or other local seasonal peak traffic volumes unless approved at the scoping meeting.

[4] Transportation analyses based upon existing volumes shall be performed for the peak hour(s) of the roadway and the peak development-generated hour(s) (if different from the roadway peak periods), for all roadways and intersections in the study area. Saturday peak hour analysis shall be included for residential, commercial and retail development.

(b) Conditions shall be evaluated for each location by approach lane and intersection in accordance with traffic engineering software and techniques as stipulated in PennDOT's Publication 46, Traffic Engineering Manual, or as updated. The report shall include a graphical representation of the level of service and delays by time of day and studied period and include a table identifying the volume/capacity ratios, levels of service, average vehicle delays, and 95th percentile queue lengths by approach. The existing sight distances and safe stopping distances shall be provided in tabular form based on the 85th percentile speed of the roadway or, with the Borough Engineer's approval, the posted speed plus 10 miles per hour to ensure adequate sight distance is available for all proposed access locations. Signalized intersections experiencing levels of service E or F, and v/c ratios equal to or greater than 1.0 shall be noted as deficient. Unsignalized intersections with levels of service D, E or F shall be noted as deficient. Queue analyses shall be provided for existing conditions at both signalized and unsignalized intersections and a gap analysis shall be provided as identified at the scoping meeting.

(4) Impact of subdivision and/or land development.

(a) Estimation of vehicular trip generation to result from the proposed development/redevelopment shall be completed for the a.m. and p.m. peak roadway hour(s), the peak development-generated hour(s), if different from the a.m. or p.m. peak hour, and the twenty-four-hour average weekday. Saturday peak hour trip generation shall be completed for residential, commercial and retail developments.

(b) The generated traffic volumes shall be distributed to the study area and assigned to the existing roadways and study area intersections. Traffic volumes and turning movements shall be assigned at all proposed access locations and all intersections in the study area. Documentation of all assumptions used in the distribution and assignment phases shall be provided and a graphical representation of the trip distribution shall be provided with the report. Pedestrian volumes shall also be calculated, if applicable. Pedestrian routes and crossings shall be analyzed with pedestrian volumes assigned to each pedestrian crossing. Transit volumes shall be assigned to transit services within 1,000 feet range of proposed development and pedestrian accessible routes (ramps, crosswalks, and availability of paths) shall be discussed as applicable.

(c) Note any characteristics of the development, the general site or study area that may cause particular trip generation, distribution or modal split modifications.

(d) Note development features that are planned to reduce trip generation rates and document transportation demand management (TDM) assumptions. Noted TDM practices must be included in the conditions of approval if listed in the transportation impact study and shall be discussed during the municipal scoping meeting.

(5) Analysis of impact.

(a) The total future traffic shall be calculated and shall consist of the existing traffic volumes expanded to the project completion year using an annual background growth factor plus the development-generated traffic and the traffic generated by other developments in the study area as identified at the PennDOT or scoping meeting. A minimum of two years' projection shall be assumed for all projects regardless of the anticipated completion year.

(b) The annual background growth factor for overall traffic volumes shall be determined using PennDOT's growth factors calculations unless enough local ADT volume data is available to establish more accurate average traffic volume changes over the past five years. The background growth factor shall be established at the scoping meeting. The background growth rate shall be applied to the current ADT and turning movement volumes to forecast background traffic volumes for the development opening year and any successive phase completions. A minimum of two years' projection shall be assumed for all projects regardless of the anticipated completion year. All assumptions used to revise trip distribution shall be provided, including but not limited to other major developments that may change current traffic patterns.

(c) Future transportation conditions shall be analyzed using the same techniques as used for the existing transportation conditions. Future conditions without the proposed development traffic ("future without") shall be provided for all study area intersections and shall include background traffic growth and traffic from other local proposed/approved developments as agreed to at the scoping meeting. Only those roadway improvements that are programmed, with obligated funds, to be completed prior to the opening year of the proposed development shall be included in the "future without" analysis. Diagrams illustrating LOS, v/c ratios and average vehicle delay in seconds shall be provided for each study area intersection/turning movement for "future without" conditions and include a table identifying the volume/capacity ratios, levels of service, average vehicle delays, queue lengths by approach and intersection.

(d) A second future conditions analysis shall be conducted that includes the proposed development/redevelopment traffic ("future with"). Roadway improvements proposed to be constructed by the developer prior to the opening date of the development shall be incorporated into the analysis. Diagrams illustrating LOS, v/c ratios and average vehicle delay in seconds shall be provided for each study area intersection/turning movement for total "future with" traffic conditions.

(e) A table shall be provided illustrating the existing "future without" and "future with" conditions for all intersections within the study area, by lane group and identifying the LOS, delay in seconds, v/c ratios, and queues for each lane group. The table should note any changes to the roadway that have been included in the "future without" and "future with" analyses. Queue length studies for unsignalized intersections shall also be conducted for existing, "future without" and "future with" conditions and displayed in graphics and/or a table and noting "future without" and "future with" improvements and include a table identifying the volume/capacity ratios, levels of service, average vehicle delays, queue lengths by approach and intersection.

(f) All analyses shall include a.m., p.m. and Saturday (if required) peak roadway hour(s) and peak development-generated hour(s), if different from the roadway peaks, for all roadways and intersections in the study area. All access points and pedestrian crossings shall be examined as to the appropriateness of installing traffic signals or other traffic control measures based on the current PennDOT approved edition of the Manual of Uniform Traffic Control Devices. Roundabouts may be considered as an alternative to additional traffic signals, if approved by both PennDOT and the Borough. In addition, pedestrian accessibility routes shall be analyzed for 1,000 feet in all directions to ensure adequate pedestrian facilities are available for pedestrian and transit users. The Borough may request the applicant provide bicycle improvements including but not limited to bicycle racks, bicycle route designation (signage and pavement markings) or other improvements to encourage the use of bicycles.

(6) Sight distance analysis. Sight distance measurements shall be performed at any proposed driveway and/or existing driveway to determine sufficient sight distance to the left and right of the driveway. Sight distances shall be compared to the desirable sight distance standards as specified in the Pennsylvania Code, Title 67, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, April 2006. When desirable sight distance cannot be achieved, sight distances shall also be compared to PennDOT's safe stopping sight distance (SSSD) requirements as specified in A Policy on Geometric Design of Highways and Streets (6th Edition), of the American Association of State Highway and Transportation Officials (ASSHTO), Chapter III, Elements of Design, 2011.

(7) Conclusions and recommendations.

(a) Future levels of service (LOS), average vehicle delay and v/c ratios shall be listed in tabular form for all intersections and turning movements. Signalized intersections showing a level of service E or F, and v/c ratios equal to or greater than 1.0 shall be considered deficient and unsignalized intersections showing a level of service D, E or F shall be considered deficient.

(b) Level of service drops or increase in delay by 10 seconds for any studied period shall be identified for both "future without" and "future with" conditions. Level of service drops shall be identified by each approach lane group.

(c) Specific recommendations for mitigation of level of service drops, increase in intersection delay of 10 seconds or more, or level of service drops or increase in critical movement delay of 10 seconds or more in the "future with" analysis shall be listed and shall include: internal circulation design, site access location and design, external roadway intersection design and improvements including the potential for construction of roundabouts, traffic signal installation and operation including signal timing, transit design improvements, and any pedestrian or bicycle route improvements needed to support nonvehicular mobility associated with the development proposal.

(d) All identified improvements shall be illustrated and overlain on aerial photography to show the extent of the construction and right of way impacts and include a cost estimate for improvements. Proposed improvements shall consider all roadway users including motorized and nonmotorized vehicles, bicycles, pedestrians and transit.

(e) Signal timing revisions and/or signal equipment upgrades shall be evaluated for any intersection with a level of service E or F, but a volume/capacity (v/c) ratio less than 1.0. Traffic signal warrants for signalization or other traffic control measures shall be examined for unsignalized intersections with levels of service D, E or F based on the current Manual of Uniform Traffic Control Devices or PennDOT Traffic Engineering Manual.

(f) Existing and/or future public transit service shall also be addressed and any transportation demand management techniques proposed with the development shall be identified. A listing of all actions to be taken to encourage public transit usage or other transportation demand management techniques for development-generated trips, and/or improvement to existing service, if applicable, shall be included. Any proposed transit service improvements shall be coordinated with SEPTA or the appropriate local transit provider and should conform to SEPTA's current bus stop design guidelines.

(g) All proposed transportation system improvements shall be consistent with Borough comprehensive planning or other planning documents referencing overall transportation mobility and/or transit services.

(8) Implementation of recommendations. The Borough may have an independent review done of the applicant's transportation impact study, at the applicant's expense, to make a final determination of the improvements that must be implemented. The Planning Commission and Borough Council shall review the transportation impact study to analyze its adequacy in solving any traffic problems that will occur due to the land development or subdivision. The applicant shall be required to implement the on-site transportation improvements necessary to mitigate the "future with" deficient traffic conditions as noted in the transportation impact study unless modified or waived by Borough Council. Borough Council may determine that certain other improvements on and/or adjacent to the site and within the study area are necessary requirements for land development or subdivision plan approval and may attach these as conditions to the approval if permitted by law. If the Borough Council determines that such additional improvements are necessary, the applicant shall have the opportunity to submit alternative improvement designs to obtain plan approval.

(9) Additional coordination with PennDOT may be necessary to ensure compatibility between the proposed transportation improvements and highway occupancy permit requirements.

(10) All communications with PennDOT regarding the highway occupancy permitting process or other transportation-related issues associated with the proposed development/redevelopment shall be copied to the Borough.

(11) The Borough shall be included in the PennDOT ePermitting process as an applicant on the highway occupancy permitting application through the PennDOT Business Partner Identification Number 4457 for the Borough of West Chester.

§ 97-39 Easements.

A. Where water and/or sewer facilities are intended for dedication, the requirements for easements shall be determined by Borough Council. Easements shall be provided as necessary for other utilities.

B. Storm drainage easements shall be provided as required by § 97-35 of this article.

§ 97-40 Monuments and markers.

A. Permanent concrete monuments shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at such intermediate points as may be required by the Borough.

B. All lot corner markers shall be so located that individual properties may be readily ascertained after development of the subdivision. Markers shall be set in the ground at finished grade. No occupancy permits will be issued for buildings until markers are in place. No public improvements will be accepted until all monuments are in place.

§ 97-41 Mobile home parks.

Any application for approval of a mobile home park shall be subject to provisions of Chapter 112 of the Borough Code, titled "Zoning," as they relate to single-family dwellings.