A. 
The standards and requirements contained in Articles IV and V are intended as the minimum for the promotion of the public health, safety and general welfare, and shall be applied as such by the Borough Planning Commission and Borough Council in reviewing all subdivision and land development plans.
B. 
Whenever other Borough ordinances and/or regulations impose more restrictive standard and requirements than those contained herein, such other ordinances and/or regulations shall be observed; otherwise, the standards and requirements of these regulations shall apply.
C. 
The standards and requirements of these regulations may be modified by the Borough Council in the case of complete communities, neighborhood units or other large scale developments which, upon the recommendation of the Borough Planning Commission, where such modifications achieve substantially the objectives of these regulations and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the subdivision plan.
D. 
Land subject to hazards to life, health or property, such as may arise from fire, floods, disease or other causes, shall not be subdivided for building purposes unless such hazards have been eliminated or unless the subdivision plan shall show adequate safeguards against them, which shall be approved by the appropriate regulatory agencies.
E. 
Subdivision plans shall give due recognition to the "official plans" of the Borough and of the County or to such parts thereof as may have been adopted pursuant to statute.
A. 
General standards.
(1) 
The location and width of all streets shall conform to the "official plans" or to such parts thereof as may have been adopted by the Borough Planning Commission and/or the Borough Council.
(2) 
The proposed street system shall extend existing or proposed streets on the "official plans" at the same width or larger but in no case at less than the required minimum width in § 370-24C.
(3) 
Where, in the opinion of the Borough Planning Commission, it is desirable to provide for street access to adjoining property, street stubs shall be extended by dedication to the boundary of such property.
(4) 
New minor streets shall be so designed as to discourage through traffic, but the subdivider shall give adequate consideration to provision for the extension and continuation of major streets into and from adjoining properties.
(5) 
Where a subdivision abuts or contains an existing street or improper width or alignment, the Borough Planning Commission may require the dedication of land sufficient to widen the street or correct the alignment.
B. 
Partial and half streets. The dedication of partial and half streets at the edges of a new subdivision is prohibited. If circumstances render this impracticable, adequate provision for concurrent dedication of the remaining half or part of the street must be furnished by the subdivider, developer or builder. When there exits a half street in an adjoining subdivision, the remaining half shall be provided by the proposed development.
C. 
Street widths.
(1) 
Minimum street right-of-way and pavement widths shall be as shown on the "official plan" or, if not shown on such plans, shall be as follows:
Street Type
Required Widths
(in feet)
Minor Street
Right-of-way
53
Cartway
30
Collector Street
Right-of-way
60
Cartway
36
Major Street
Right-of-way
See note (a)
Cartway
See note (a)
Permanent Cul-de-sac Street
Right-of-way
See § 370-24J
Cartway
See § 370-24J
Marginal Access Street
Right-of-way
see note (b)
Cartway
26
Service Street
Right-of-way
24
Cartway
24
NOTES:
(a)
As specified in the "official plans," or as determined after consulting with the Borough, the County Planning Commission and the Pennsylvania Department of Transportation.
(b)
Variable, depending on the width of the adjacent right-of-way, but no less than 33 feet.
(2) 
Additional right-of-way pavement widths may be required by the Borough Planning Commission or Borough Council for the purpose of promoting the public safety and convenience or to provide parking in commercial and industrial areas and in areas of high density residential development.
D. 
Restriction of access. Whenever a subdivision abuts or contains an existing or proposed street with an ultimate right-of-way of 80 feet or more, or contains or abuts streets, existing or proposed, which meet the requirements according to the Borough Planning Commission to function as a collector street, or proposed collector street, the Borough Planning Commission or Borough Council may require restriction of access to said unit by:
(1) 
Provision of reverse frontage lots.
(2) 
Provision of service streets along the rear of the abutting lots, together with prohibition of private driveways intersecting the major street.
(3) 
Reserve strips controlling access to streets, alleys, subdivision or adjacent areas are prohibited.
E. 
Street grades.
(1) 
There shall be a minimum center line grade of 3/4%.
(2) 
Center line grades shall not exceed the following:
(a) 
Minor street: 8%.
(b) 
Collector street: 6%.
(c) 
Major street: 5%.
(d) 
Street intersection: 3%.
(3) 
Grades up to 12% may be permitted on a through minor street where access to the street is possible over streets with grades of 10% or less.
F. 
Horizontal curves.
(1) 
Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.
(2) 
To ensure adequate sight distances, minimum center line radii for horizontal curves shall be as follows:
(a) 
Minor streets: 150 feet.
(b) 
Collector streets: 300 feet.
(3) 
A tangent of at least 100 feet shall be introduced between all horizontal curves on collector and major streets.
(4) 
To the greatest extent possible, combinations of the minimum radius and maximum grade shall be avoided.
G. 
Vertical curves. At all changes of street grades where the algebraic difference exceeds one 1%, vertical curves shall be provided to permit the following minimum sight distances.
(1) 
Minor streets: 100 feet.
(2) 
Collector streets: 300 feet.
(3) 
Major streets: 400 feet.
H. 
Intersections.
(1) 
Streets shall intersect as nearly as possible at right angles, and no street shall intersect another at an angle of less than 60° or more than 120°.
(2) 
No more than two streets shall intersect at the same point.
(3) 
Streets intersecting another street shall either intersect directly opposite to each other or shall be separated by at least 150 feet between center lines measured along the center line of the street being intersected.
(4) 
Intersections shall be approached on all sides by a straight leveling area; the grade of which shall not exceed 3% within 50 feet of the intersection of the nearest right-of-way lines.
(5) 
Intersections with major streets shall be located not less than 1,000 feet apart measured from center line to center line along the center line of the major street.
(6) 
Street curb intersections shall be rounded by a tangential arc with a minimum radius of:
(a) 
Twenty feet for intersections involving only minor streets.
(b) 
Thirty-five feet for all intersections involving a collector street.
(c) 
Fifty feet for all intersections involving a major street.
(d) 
Ten feet for all intersections involving only service streets.
(7) 
Street right-of-way lines shall be parallel to (concentric with) curb arcs at intersections.
I. 
Sight distance at intersections.
(1) 
Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision-obstructing object other than utility poles, streetlights, street signs or traffic signs 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. Such triangles shall be established from a distance of:
(a) 
Seventy-five feet from the point of intersection of the center line, except that:
(b) 
Clear sight triangles of 150 feet shall be provided for all intersections with major streets.
(2) 
Whenever a portion of the line of each triangle occurs behind (i.e., from the street) the building reserve (setback) line, such portion shall be shown on the final plan of the subdivision and shall be considered a building setback (reserve) line.
J. 
Cul-de-sac streets.
(1) 
Dead-end streets are prohibited unless designed as cul-de-sac streets or designed for future access to adjoining properties.
(2) 
Any temporarily dead-ended street shall be provided with a temporary all-weather turnaround, within the subdivision, and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.
(3) 
Cul-de-sac streets, permanently designed as such, shall not exceed 500 feet in length and shall not furnish access to more than 20 dwelling units.
(4) 
Unless future extension if clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width.
(5) 
All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround. The minimum radius to the pavement edge or curbline shall be 50 feet, and the minimum radius of the right-of-way line shall be 60 feet.
(6) 
Drainage of cul-de-sac streets shall preferably be toward the open end. If drainage is toward the closed end it shall be conducted away in an underground storm sewer.
(7) 
The center line grade on a cul-de-sac street shall not exceed 10%, and the grade of the diameter of the turnaround shall not exceed 5%.
K. 
Street names.
(1) 
Proposed streets which are obviously in alignment with others already existing and named, shall bear the names of the existing streets.
(2) 
In no case shall the name of a proposed street be the same as or similar to an existing street name in the Borough, irrespective of the use of the suffix street, road, avenue, boulevard, drive, way, place, court, lane, etc.
(3) 
All street names shall be subject to approval of the Borough Council.
L. 
Service streets (alleys).
(1) 
Service streets are prohibited in residential areas except as the completion extension of one in existence. Service streets may be permitted in commercial or industrial districts.
(2) 
No part of any building, garage or other structure shall be located within 10 feet of the cartway edge of a service street.
(3) 
Dead-end service streets shall be avoided, but where this proves impossible, dead-end service streets shall terminate with a paved circular turnaround with a minimum radius to the outer pavement edge (curbline) of 50 feet.
(4) 
Service street intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be rounded as required in § 370-24F and deflections in alignment in excess of 5° shall be made by horizontal curves.
M. 
Driveway.
(1) 
Private driveways on corner lots shall be located at least 40 feet from the point of intersection of the nearest street right-of-way lines.
(2) 
In order to provide a safe and convenient means of access, grades on private driveways shall not exceed 7%. Entrances should be rounded at a minimum radius of five feet, or should have flare construction that is equivalent to this radius at the point of intersection with the cartway edge (curbline).
A. 
Layout. 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) 
Zoning requirements.
(3) 
Topography.
(4) 
Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with major streets.
B. 
Length.
(1) 
Blocks shall have a maximum length of 1,200 feet and a minimum of 500 feet; provided, however, that the Borough Planning Commission or Borough Council may decrease the maximum and/or minimum lengths of blocks if in the opinion of either body, topography of the land in question and/or surface water drainage conditions warrant such a decrease.
(2) 
In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection.
(3) 
Where practicable, blocks along major and collector streets shall not be less than 1,000 feet long.
C. 
Crosswalks.
(1) 
Crosswalks shall be required wherever necessary to facilitate pedestrian circulation and to give access to community facilities, as well as in blocks of over 1,000 feet in length.
(2) 
Such crosswalks shall have a width of not less than 10 feet and a paved walk of not less than four feet.
D. 
Depth. Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where prevented by the size, topographical conditions or other inherent conditions or property, in which case the Borough Planning Commission or Borough Council may approve a single tier of lots.
E. 
Commercial and industrial blocks. Blocks in commercial and industrial areas may vary from the elements of design detailed above as required by the nature of the use.
A. 
General standards.
(1) 
Insofar as practical, side lot lines should be at right angles to straight street lines or radial to curved street lines.
(2) 
Where feasible, lot lines should follow municipal boundaries, rather than cross them in order to avoid jurisdictional problems.
(3) 
Generally, the depth of residential lots should be not less than one nor more than 2 1/2 times their width.
(4) 
Depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, loading and unloading, setbacks, landscaping, etc.
(5) 
If, after subdividing, there exist remnants of land, they shall be either:
(a) 
Incorporated in existing or proposed lots.
(b) 
Legally dedicated to public use, if acceptable to the Borough.
B. 
Lot frontage.
(1) 
All lots shall have direct access to a public street, existing or proposed.
(2) 
Double or reverse frontage lots shall be avoided except where required to provide separation of residential development from major streets or to overcome specific disadvantage of topography or orientation.
(3) 
All residential reverse frontage lots shall have a rear yard with a minimum depth of 75 feet, measured in the shortest distance from the proposed dwelling unit to the ultimate right-of-way, and shall have within such rear yard and immediately adjacent to the right-of-way, a planting screen easement of at least 10 feet in width, across which there shall be no right of access.
C. 
Lot size. Lot dimensions and areas shall not be less than specified by Chapter 415, Zoning.
Each property shall be connected with the public sewer system subject to approval by the Green Lane-Marlborough Sewer Authority.
Each property shall be connected to the community water system.
A. 
Whenever an existing public or approved community water system is geographically and economically accessible to a proposed subdivision, a distribution system shall be designed to furnish an adequate supply of water to each lot, with adequate main sizes and fire hydrants located to meet the specifications of the Middle Department Association of the Fire Underwriters. Suitable agreement shall also be established for the design, specifications, constructions, ownership and maintenance of such distribution system.
B. 
Where such systems are not accessible, a community water supply system may be required. A community water supply system shall be approved by the Pennsylvania Department of Conservation and Natural Resources, and appropriate measures shall be provided to ensure adequate maintenance. Suitable agreements shall also be established for the construction, ownership and maintenance of such a distribution system. Community water supply systems are prohibited unless both a certification from a geological engineer and a recommendation from the Pennsylvania Department of Conservation and Natural Resources - Water Quality approve that the underground water supply and levels will not be appreciable altered in such a way to endanger the water level and supply for other properties.
C. 
Where individual on-site water supply systems are to be utilized, each lot so served shall be of a size and shape to allow safe location of such a system and wells shall not be placed within 50 feet of lakes, streams, ponds, quarries, etc.
D. 
Where individual on-site water supply system(s) are to be utilized, the subdivider or land developer shall provide at least one test well for each 10 proposed dwelling units. Such wells should be drilled, cased and grout sealed into bedrock at least 50 feet deep, having a production capacity of at least 50 feet deep, having a production capacity of at least five gallons per minute of safe potable drinking water as certified by State or Borough health officer. On-site water supply systems are prohibited unless both a certification from a geological engineer and a recommendation from the Pennsylvania Department of Conservation and Natural Resources - Water Quality approve that the underground water supply and levels will not be appreciably altered in such a way as to endanger the water level and supply for other properties.
A. 
Storm sewers, culverts and related installations shall be provided, as necessary, to:
(1) 
Permit unimpeded flow of natural watercourses.
(2) 
Ensure adequate drainage of all low points along the line of streets.
(3) 
Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained.
B. 
Storm sewer pipe shall be reinforced concrete cement pipe (RCCP).
C. 
Where existing storm sewers are reasonably accessible, proposed subdivisions shall be required, if necessary, to connect therewith.
D. 
In the design of storm drainage facilities, special consideration shall be given to avoidance of problems which may arise from the concentration of stormwater runoff onto adjacent developed or undeveloped property.
E. 
Storm drainage facilities should be designed not only to handle the anticipated peak discharge from the property being subdivided, but also the anticipated runoff in the near future.
F. 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement conforming substantially with the line of such watercourse, drainageway, channel or stream and of such width as will be adequate to preserve the unimpeded flow of natural drainage, or for the purpose of widening, deepening, relocating, improving or protecting such drainage facilities. Any changes in the existing drainage way shall be subject to the approval of the Pennsylvania Water and Power Resources Board, where the Board has jurisdiction and/or the Department of Conservation and Natural Resources.
G. 
All streets shall be so designed as to provide for the discharge of surface water from their right-of-way.
H. 
The slope of the crown on proposed streets shall be not less than 1/8 of an inch per foot and not more than 1/3 of an inch per foot.
I. 
Adequate facilities shall be provided at low points along streets and where necessary to intercept runoff.
A. 
Public open spaces.
(1) 
In reviewing subdivision plans, the Borough Planning Commission and Borough Council shall consider whether community facilities, especially schools, in the area are adequate to serve the needs of additional dwellings proposed by the subdivision, and shall make such report thereon as they deem necessary in the public interest.
(2) 
Subdividers and the Borough Planning Commission shall give earnest consideration to providing facilities or reserving areas for facilities normally required in residential neighborhoods, including churches, libraries, schools and other public buildings; parks, playgrounds and play fields; shopping and local business centers. Areas provided or reserved for such community facilities shall be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed, and shall be suitably prepared for this end use at the expense of the subdivider. Prior to the preparation of plans, subdividers of large tracts should review with the Borough Planning Commission the minimum standards for various community facilities applicable to the tract being subdivided.
(3) 
In subdivisions which are intended to provide housing, the Borough Planning Commission shall consider the need for suitable open areas for recreation and shall make a recommendation thereon. Standards to be used by the Borough Planning Commission and the Borough Council in requesting the reservation of space for recreation shall be as follows:
Families to be Served
Minimum Playground and Neighborhood Park Acreage to be Recommended
50 to 174
3.0
175 to 374
5.0
375 to 624
7.0
625 to 800
8.0
for each additional 100 families
1.0
B. 
Community assets. Consideration shall be shown for all natural features such as large trees, watercourses, historic areas and structures and similar community assets which, if preserved, will add attractiveness and value to the remainder of the subdivision.
C. 
Utility easements.
(1) 
Easements with a minimum width of 20 feet shall be provided for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains and/or other utility lines intended to service the abutting lots. No structures or trees shall be placed within such easements.
(2) 
To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
(3) 
There shall be a minimum distance of 50 feet, measured in the shortest distance, between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line which traverses the subdivision.
(4) 
Subdividers are urged to avail themselves of the services provided by the various public utility companies in determining the proper locations for utility line easements.
(5) 
Utility service for residential development will be provided through the use of underground facilities in accordance with the standards and approval of the utility company having appropriate jurisdiction.
(6) 
No company intending to install any petroleum products or natural gas transmission line shall be allowed to construct the line on less than a fifty-foot right-of-way, such line to be installed in the center of the right-of-way. The subdivider shall provide a fifty-foot right-of-way for all existing transmission lines within the subdivision.
[Amended 6-12-1995 by Ord. No. 95-4]
A. 
General.
(1) 
Definitions. Unless otherwise expressly stated, the following words shall, for the purposes of this chapter, have the meaning herein stated. Words in the singular number include the plural, and words in the plural number include the singular. Present tense includes the future. The word "building" shall be deemed to include the word "structure."
CUT
An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
EROSION
The removal of surface materials by the action of natural elements.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other materials is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.
LAND DEVELOPMENT
Any of the following activities:
(a) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
[1] 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
[2] 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features;
(b) 
A subdivision of land.
(c) 
"Land development" does not include development which involves:
[1] 
The conversion of an existing single family detached dwelling or single family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
[2] 
The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building; or
[3] 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
RUNOFF
The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM
The surface water runoff that can be reasonable anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning or the Borough Comprehensive Plan.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
SLOPE
The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
SOIL STABILIZATION
Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SWALE
A low lying stretch of land which gathers or carries surface water runoff.
TOP SOIL
Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the "A" horizon.
WATERCOURSE
A permanent stream, intermittent stream, river, brook, creek or a channel or ditch for water, whether natural or man-made.
(2) 
For qualifying tracts, no changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been processed with and reviewed by the Borough Planning Commission, or there has been a determination by the Commission that such plans are not necessary.
(3) 
No subdivision or land development plan shall be approved unless (1) there has been a plan approved by the Borough Council that provides for minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable securities are deposited with the Borough in the form of an escrow guarantee which will ensure installation and completion of the required improvements; or (2) there has been a determination by the Borough Council that a plan for minimizing erosion and sedimentation is not necessary.
(4) 
Measures used to control erosion and reduce sedimentation shall as a minimum meet the standards and specifications of the Montgomery County Soil and Water Conservation District. The Borough Engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, copies of which are available from the district or the municipal building of Green Lane Borough.
B. 
Performance principles. The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:
(1) 
Stripping of vegetation, regrading or other development shall be done in such a way that will minimize erosion.
(2) 
Development plans shall preserve salient natural features, keep cut-fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
(3) 
Whenever feasible, natural vegetation shall be retwined, protected and supplemented.
(4) 
The disturbed area and the duration of exposure shall be kept to a practical minimum.
(5) 
Disturbed soils shall be stabilized as quickly as practicable.
(6) 
Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.
(7) 
The permanent (final) vegetation and structural erosion and control and drainage measures shall be installed as soon as practicable in the development.
(8) 
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be structurally retarded.
(9) 
Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures.
C. 
Grading for drainage. In order to provide more suitable sites for building and other uses, improved surface drainage and control erosion, the following requirements shall be met:
(1) 
All lots, tracts or parcels shall be graded to provide proper drainage away from buildings and dispose of it without ponding, and all land within a development shall be graded to drain and dispose of surface water without ponding, except where approved by the Council.
(2) 
All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet such as curbed street, storm drain, or natural watercourse. Where drainage swales are used to divert surface waters away from buildings, they shall be sodded or planted as required and shall be of such slope, shape and size as to conform with the requirements of the Borough.
(3) 
Concentration of surface water runoff shall only be permitted in swales or watercourses.
(4) 
Excavations and fills.
(a) 
Cut and fill slopes shall not be steeper than two to one unless stabilized by a retaining wall or cribbing, except as approved by the Council when handled under special conditions.
(b) 
Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.
(c) 
Cut and fills shall not endanger adjoining property.
(d) 
Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
(e) 
Fills shall not encroach on natural watercourses or constructed channels.
(f) 
Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.
(g) 
Grading will not be done in such a way so as to divert water onto the property of another landowner without the expressed consent of the Council.
(h) 
During grading operations, necessary measures for dust control will be exercised.
(i) 
Grading equipment will not be allowed to cross live streams. Provisions will be made for the installation of culverts or bridges.
D. 
Responsibility.
(1) 
Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible.
(2) 
Maintenance of all drainage facilities and watercourses within any subdivision or land development is the responsibility of the developer until they are accepted by the Borough or some other official agency, after which they become the responsibility of the accepting agency.
(3) 
It is the responsibility of any person, corporation or other entity doing any act on or across a communal stream, watercourse or swale or upon the floodplain or right-of-way thereof, to maintain, as nearly as possible, in its present state, the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed.
(4) 
Maintenance or drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to their place of open discharge at the property line or at a communal watercourse within the property.
(5) 
No person, corporation or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the Borough or the Department of Conservation and Natural Resources whichever is applicable.
(6) 
Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse, and of such width as will be adequate to preserve natural drainage.
(7) 
Each person, corporation or other entity which makes any surface changes shall be required to:
(a) 
Collect on-site surface runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area.
(b) 
Handle existing and potential off-site runoff through his development by designing to adequately handle storm runoff from a fully developed drainage area.
(c) 
Pay his proportionate share of the total cost of off-site improvements to the common natural watercourse, based on a fully developed drainage area.
(d) 
Provide and install at his expense, in accordance with Borough requirements, all drainage and erosion control improvements (temporary and permanent) as required by the erosion and sediment control plan.
(8) 
It is the responsibility of the Borough to keep all major streams, not under the jurisdiction of any other official agency, open and free flowing.
(9) 
The Borough will assume the responsibility for maintaining an open and free flowing condition in all minor streams, watercourses and drainage systems, constructed or improved in accordance with Borough design criteria, which are necessary for proper drainage in the discretion of the Borough if adequate right-of-way exists or can be acquired.
(10) 
The Borough shall be required to:
(a) 
Assess and collect the cost of off-site improvements to the common natural watercourse except those required to existing State roads. Collection may be delayed until the assessed land is approved for development.
(b) 
Acquire easements for such common natural watercourse improvements.
(c) 
Supervise such improvement to completion.
E. 
Compliance with regulations and procedures.
(1) 
The Borough Council in its consideration of all preliminary plans of subdivision and land development shall condition its approval upon the execution of erosion and sediment control measures as contained in Subsection E(2), (3) and (4) of this section.
(2) 
Specific standards.
(a) 
The installation and design of the required erosion and sediment control measures shall be in accordance with the standard and specifications on file with the Borough, including:
[1] 
Temporary Cover on Critical Areas, Specification No. 342.
[2] 
Permanent Grass and Legume Cover on Critical Areas on Prepared Seedbed, Specification No. 342.
[3] 
Permanent Grass and Legume Cover on Critical Areas on Unprepared Seedbed, Specification No. 342.
[4] 
Sodding, Specification No. 342.
[5] 
Mulching, Specification No. 484.
[6] 
Temporary Diversion, Specification No. 362-U.
[7] 
Permanent, Diversion, Specification No. 362-U.
[8] 
Grassed Waterway or Outlet, Specification No. 412.
[9] 
Grade Stabilization Structure, Specification No. 410.
[10] 
Debris Basin, Specification No. 350.
[11] 
Drain, Specification No. 606.
[12] 
Drainage - Main or Later, Specification No. 480-U-1.
(b) 
NOTE: Specifications are contained within the Erosion and Sediment Control Handbook available through the Montgomery County Soil and Water Conservation District, Court House, Norristown, Pennsylvania.
(c) 
Stream channel construction on watersheds with drainage areas in excess of 320 acres, or in those cases where downstream hazards exist, will conform to criteria established by the Power and Water Resource Board, Pennsylvania Department of Conservation and Natural Resources.
(3) 
Final plans for minimizing erosion and sedimentation as approved will be incorporated into the agreement and bond requirements as required under §§ 370-21 and 370-11 of this chapter.
(4) 
The approval plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the final plats of subdivision or land development, and become a part thereof.
(5) 
At the time that a building permit is applied for review shall be conducted by the Borough Engineer to insure conformance with the plans as approved. During the construction further consultative technical assistance will be furnished., if necessary, by the Borough Engineer and the Montgomery County Soil and Water Conservation District. During this development phase, the Borough Engineer shall inspect the development site and enforce compliance with the approved plans.
(6) 
Permission for clearing and grading prior to recording of plats may be obtained under temporary easements or other conditions satisfactory to the Borough.
(7) 
In the event the developer proceeds to clear and grade prior to recording plats without satisfying conditions specified under Subsection E, the Council may revoke the approval of the preliminary plan.
[Added 5-13-1981 by Ord. No. 81-5; amended 6-12-1995 by Ord. No. 95-4]
A. 
General.
(1) 
Where not prohibited by this or any other laws or ordinances, land located in any designated floodplain district may be platted for development with the provision that the developer construct all buildings and structures so to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.
(2) 
Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any designated floodway district. Sites for these uses maybe permitted outside the floodway district if the sites or dwelling units are elevated up to the regulatory flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend out laterally for a distance of at least 15 feet beyond the limits of the proposed structures.
(3) 
Buildings sites for structures or buildings other than for residential uses shall also be permitted in any designated floodway district. Also, such site for structures or buildings outside the floodway shall be protected as provided for in Subsection A(2), above. However, the Borough Council may allow the subdivision and/or development of areas or site for commercial and industrial uses at an elevation below the regulatory flood elevation if the developer otherwise protects the area to that height or ensures that the buildings or structures will be floodproofed at least up to that height.
(4) 
If the Borough Council determines that only a part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.
(5) 
When a developer does not intend to develop the plot himself and the Borough Council determines that additional controls are required to insure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.
B. 
Excavation and grading. Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult the County Conservation District representative concerning plans for erosion and sediment control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accommodate.
C. 
Drainage facilities.
(1) 
Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites.
(2) 
Plans shall be subject to the approval of the Borough Council. The Borough Council may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods.
(3) 
Drainage plans shall be consistent with local and regional drainage plans and shall, where applicable, be in strict conformity with the requirements of Chapter 351, Stormwater Management, the Code of the Borough of Green Lane. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.
D. 
Streets. The finished elevation of proposed streets shall not be more than one-foot below the regulatory flood elevation. The Borough Council may require, where necessary, profiles and elevations of streets to determine compliance with the requirements. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
E. 
Sewer facilities. All sanitary sewer systems located in any designated floodplain district, whether public or private, shall be floodproofed up to the regulatory flood elevation.
(1) 
Sewage disposal facilities requiring soil absorption systems shall be prohibited where the Borough Engineer makes a determination that such a system will not function due to high groundwater, flooding or unsuitable soil characteristics or where such systems are proposed for construction within a designated floodplain district. Where such a prohibition exists the developer shall note on the face of the plat and in any deed of conveyance that soil absorption fields are prohibited in designated areas.
(2) 
Where a situation such as that outlined in Subsection E(1) exists, the Borough Council, with the advice of the Borough Engineer, may prescribe adequate methods for waste disposal. If a sanitary sewer system is located on or near the proposed subdivision and/or land development, the developer shall be required to provide sewage facilities to connect to this system where practical, and shall adhere to the procedures prescribed by the Borough Engineer in connecting to the system.
(3) 
Absent a finding by Borough Council that connection to the public sewer system of the Green Lane-Marlborough Sewer Authority is cost prohibitive, all properties shall be required to be connected to the system.
F. 
Water facilities. All water systems located in any designated floodplain districts, whether public or private, shall be floodproofed up to the regulatory flood elevation. If there is an existing public water supply system on or near the subdivision, the developer shall be required to connect to this system where practical and shall adhere to the procedures prescribed by the Borough Engineer in connecting to the system.
G. 
Other utilities and facilities. All other public and private utilities and facilities, including gas and electric, shall be elevated or floodproofed up to the regulatory flood elevation.