Borough of Mount Pocono, PA Article VI Design Standards and Specifications

§ 187-43 General standards; zoning requirements.

In addition to the standards in this Article VI, all subdivisions and land developments shall be designed in accord with the applicable requirements of the Borough's Zoning Ordinance.[1]

A. Application. The standards and requirements contained in this Article VI shall apply to all subdivisions and land developments and are intended as the minimum for the preservation of the environment and promotion of the public health, safety, and general welfare, and they shall be applied as such by the Planning Commission and Council in reviewing and evaluating plans for all proposed subdivisions and/or land developments. Compliance with all standards shall be documented by the applicant at the time of initial application.

(1) Planning. The development shall conform to the proposals and conditions shown in the Borough Comprehensive Plan and any local or regional plans adopted by the Borough. The streets, drainage, rights-of-way, school sites, public parks and playgrounds shown on the officially adopted plan or the Borough's Official Map shall be considered in the approval of all plans. In the case of major subdivisions and land developments, the applicant shall submit a narrative detailing how the development conforms to any applicable plan.

(2) Contiguous lands. Where the owner of the site under consideration owns contiguous land suitable for development, the subdivision plan shall cover all such contiguous lands. This provision, however, may be waived in full or in part by the Council if it is not considered essential to the evaluation of the plans for the current development tract.

(3) Improvements, specifications. Additional improvements or improvements of more stringent specifications may be required in specific cases where, in the opinion of the Council, such specifications are necessary to create conditions essential to the health, safety, and general welfare of the citizens of the Borough and/or to protect the environment of the Borough.

(4) Hazard areas. Those areas which may present such hazards to life, health, or property as may arise from fire, flood or noise, or are considered to be uninhabitable for other reasons, shall not be subdivided for building purposes unless the hazards have been eliminated or the plans show adequate safeguards against the hazards. Sources for determining and evaluating potential hazards may include historical records, soil evaluations, engineering studies, expert opinions, standards used by licensed insurance companies, and adopted regional, county or local municipal policies.

(5) Development design; remnants; neighboring development. All portions of a tract being subdivided shall be taken up in lots, streets, open lands, or other proposed uses, so that remnants and landlocked areas shall not be created. The layout of a subdivision shall also be planned with consideration for existing nearby developments or neighborhoods so that they are coordinated in terms of interconnection of open space, traffic movement, drainage, and other reasonable considerations.

(6) Natural features. Care shall be taken to preserve natural features such as agricultural land, woodland and specimen trees, wetlands, watercourses, views, and historical features, such as buildings and stone walls, which will maintain the attractiveness and value of the land. Damming, filling, relocating or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with the approval of the Borough and, where appropriate, the PA DEP and the United States Army Corps of Engineers.

(a) Groundwater resources. This section is intended to ensure that the Borough's limited groundwater resources are protected for purposes of providing water supplies for its residents and businesses and to protect the base flow of surface waters. These regulations shall be applied in conjunction with those provided for in other sections of this chapter dealing with groundwater conservation and replenishment. The proposed subdivision and land development of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table through careful planning of vegetation and land disturbance activities, the use of bioretention areas and infiltration trenches, and the placement of streets, buildings and other impervious surfaces in locations other than those identified on the existing resources and site analysis plan as having the greatest permeability where precipitation is most likely to infiltrate and recharge the groundwater.

(b) Stream valleys, swales, springs, and other lowland areas. Stream valleys (which include stream channels and floodplains), swales, springs and other lowland areas are resources that warrant restrictive land use controls because of flooding hazards to human life and property, groundwater recharge functions, importance to water quality, and the health of aquatic communities and wildlife habitats. Such areas are generally poorly suited for on-site subsurface sewage disposal systems. The following activities shall be minimized:

[1] Disturbance to streams and drainage swales.

[2] Disturbance to year-round wetlands, areas with seasonally high water tables, and areas of surface water concentration.

[3] Stream valleys, swales and other lowland areas warrant designation as conservation open space because of extreme limitations. They may also require adjoining buffer lands to be included in the conservation open space, to be determined by an analysis of the protection requirements of such areas on a case-by-case basis. In certain instances, hydric soils may be excluded from the conservation open space where it can be demonstrated that they are suitable for low-density residential uses and on-site sewage systems.

(c) Woodlands. Woodlands occur extensively throughout the Borough, often in association with stream valleys and wet areas, poor and erodible agricultural soils, and moderate to steep slopes.

[1] Woodland conditions within the Borough vary with respect to species composition, age, stocking, and health. They range from relatively recent post-agricultural young stands to mature mixed-age forests. Most woodlands in the Borough represent one or more of the following resource values:

[a] As soil stabilizers, particularly on moderate to steep slopes, thereby controlling erosion into nearby streams, ponds, impoundments and roads. A closely related function is their enhancement of groundwater recharge.

[b] As a means of ameliorating harsh microclimatic conditions, in both summer and winter.

[c] As a source of wood products (i.e., poles, saw timber, veneer and firewood).

[d] As habitats for woodland birds, mammals and other wildlife.

[e] As recreation resources for walkers, equestrians, picnickers, and other related outdoor activities.

[f] As visual buffers between areas of development and adjacent roads and properties.

[2] Because of their resource values, all woodlands on any tract proposed for subdivision or land development shall be evaluated by the applicant to determine the extent to which such woodlands should be designated partly or entirely as conservation open space or development lands. Evaluation criteria shall include:

[a] Configuration and size.

[b] Present conditions (i.e., stocking, health and species composition).

[c] Site potential (i.e., the site's capabilities to support woodlands, based upon its topographic, soil and hydrologic characteristics).

[d] Ecological functions (i.e., in protecting steep slopes and erodible soils, maintaining stream quality, and providing for wildlife habitats).

[e] Relationship to woodlands on adjoining and nearby properties and the potential for maintaining continuous woodland areas.

[3] The evaluation of the tract's woodlands shall be undertaken by a forester, landscape architect, horticulturist or another qualified professional acceptable to the Borough. This evaluation shall be submitted as a report and made a part of the application for a preliminary plan. At a minimum, that report shall include one or more maps indicating boundaries and conditions of woodland areas accompanied by a report addressing the criteria in § 187-43A(6)(c).

[4] In designing a subdivision and land development plan for any tract, the applicant shall be guided by the following standards:

[a] Healthy woodlands exceeding one acre shall be preserved and designated as conservation open space areas to the maximum extent possible. Proposed site improvements shall be located, designed, and constructed to minimize the loss or degradation of woodland areas.

[b] Developments shall be designed to preserve woodlands along roadways, property lines and lines occurring within a site, such as streams, swales, stone fences and hedgerows. Such lines and the native vegetation associated with them shall be preserved as buffers between adjacent properties and between areas being subdivided within a property. Preservation shall include ground, shrub, understory, and canopy vegetation.

[c] Disturbance or removal of woodlands occupying environmentally sensitive areas shall be undertaken only when approved by the Planning Commission and on a limited, selective basis to minimize the adverse impacts of such actions. This shall include, but not necessarily be limited to, vegetation performing important soil-stabilizing functions on wet soils, stream banks, and sloping lands.

[d] No clearing or earth disturbance (except for soil analysis for proposed sewage disposal systems) shall be permitted on a site before the completion of subdivision and land development agreements. The determination of sight distance clearances along roadways shall be made graphically and not by clearing on site prior to final plan approval.

(d) Upland areas. These areas comprise fields, pastures, meadows, and former agricultural areas in early stages of woodlands succession, with fences, stone walls, tree copses and hedgerows, typically bordered by stream valleys and upland woodlands. These comprise the Borough's historic working landscape, dotted with historic houses, barns and other structures. They give the Borough much of its rural character. They also contain the greatest concentration of prime agricultural soils. Because of their openness and high visibility, development in these areas is likely to be most readily seen and disruptive to the historic landscape. Such areas sometimes provide habitat for wildlife, in conjunction with nearby woodlands and stream valleys. However, it is recognized that these areas also frequently offer the fewest constraints for development. Several elements of these working landscapes lend themselves to incorporation into the Borough's conservation open space network. These include prime agricultural soils and natural features which visually punctuate the landscape, such as hedgerows, tree copses, stone walls, and visually prominent places such as knolls and hilltops. These areas can also accommodate development, with preferred locations being the non-prime agricultural soils and lower topographic settings where development will be visually less obtrusive. Compact clustered residential designs, with coordinated architectural and landscape architectural themes, are encouraged in highly visible locations where future development cannot be avoided (such as at the far edge of open fields).

(e) Slopes. Moderately sloping lands (15% to 25%) and steeply sloping lands (over 25%) are prone to severe erosion if disturbed. Erosion and the resulting overland flow of soil sediments into streams, ponds, and public roads are detrimental to water quality and aquatic life, and a potential hazard to public safety.

[1] Areas of steep slope shall be preserved in accordance with the Borough Zoning Ordinance[2] and as required below.

[2] Editor's Note: See Ch. 215, Zoning.

[2] All grading and earthmoving on slopes exceeding 15% shall be minimized.

[3] No site disturbance shall be allowed on slopes exceeding 25%, except grading for a portion of a driveway accessing a single-family dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25% is feasible.

[4] On slopes of 15% to 25%, the only permitted grading beyond the terms described above shall be in conjunction with the siting of a single-family dwelling, its access driveway and the septic system.

[5] Grading or earthmoving on all sloping lands of 15% or greater shall not result in earth cuts or fills whose highest vertical dimension exceeds six feet, except where, in the judgment of the Planning Commission, no reasonable alternatives exist for construction of roads, drainage structures and other required improvements, in which case such vertical dimensions shall not exceed 12 feet.

[6] Roads and driveways shall, to the greatest extent possible, follow the line of existing topography to minimize the required cut and fill. Finished slopes of all cuts and fills shall be as required to minimize disturbance of natural grades.

(f) Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance, exist throughout the Borough. Some of these have been carefully documented (e.g., by the Statewide Natural Diversity Inventory); whereas, for others, only the general locations are known. Subdivision applicants shall take all reasonable measures to protect significant natural areas and features either identified by the Borough's Map of Potential Conservation Lands or by the applicant's existing resources and site analysis plan by incorporating them into proposed conservation open space areas or avoiding their disturbance in areas proposed for development.

(7) Historic structures and sites. The Borough's documented historical resources begin with the Native Americans in the early 18th century and extend through its colonial agricultural, residential and industrial development in the late 18th and 19th centuries. Plans requiring subdivision and land development approval shall be designed to protect existing historic resources. The protection of an existing historic resource shall include the conservation of the landscape immediately associated with and significant to that resource, to preserve its historic context. Where, in the opinion of the Commission, a plan will have an impact upon a historic resource, the developer shall mitigate that impact to the satisfaction of the Commission by modifying the design, relocating proposed lot lines, providing landscape buffers, or other approved means. Borough participation, review and approval of the applicant's interaction with the State Historical and Museum Commission with regard to the preservation of historic resources, as required for PA DEP approval of proposed sewage disposal systems, shall be required prior to preliminary plan approval.

(8) Scenic viewsheds. The Borough has identified a number of scenic viewsheds in the Regional Recreation and Open Space Plan. All applications for subdivision and land development shall attempt to preserve the viewsheds by incorporating them into conservation open space or otherwise providing for building setbacks and architectural designs to minimize their intrusion. In instances where such designs fail to satisfactorily protect viewsheds, applicants will be required to provide landscape buffers to minimize their adverse visual impacts. The buffers shall be provided in accord with the Borough Zoning Ordinance[3] and Borough landscaping requirements.

[3] Editor's Note: See Ch. 215, Zoning.

(9) Trails. When a subdivision or land development proposal is traversed by or abuts an existing trail customarily used by pedestrians and/or equestrians, the Council may require the applicant to make provisions for continued recreational use of the trail.

(a) The applicant may alter the course of the trail within the tract for which development is proposed under the following conditions:

[1] The points at which the trail enters and exits the tract remain unchanged.

[2] The proposed alteration exhibits quality trail design according to generally accepted principles of landscape architecture.

[3] The proposed alteration does not coincide with a paved road intended for use by motorized vehicles.

(b) When trails are intended for public or private use, they shall be protected by a permanent conservation easement on the properties on which they are located. The width of the protected area in which the trail is located should be a minimum of 10 feet. The language of the conservation easement shall be to the satisfaction of the Planning Commission upon recommendation of the Borough Solicitor.

(c) The land area permanently designated for trails for public use may be credited toward the conservation open space requirement of the Zoning Ordinance.[4]

[4] Editor's Note: See Ch. 215, Zoning.

(d) An applicant may propose and develop a new trail. If said trail is available for use by the general public and connects with an existing trail, the land area protected for said trail may be credited toward the conservation open space requirement of the Zoning Ordinance.[5]

[5] Editor's Note: See Ch. 215, Zoning.

(e) Trails shall have a vertical clearance of no less than 10 feet.

(f) Width of the trail surface may vary depending upon type of use to be accommodated but in no case shall be less than three feet or greater than six feet.

(g) No trail shall be designed with the intent to accommodate motorized vehicles.

(10) Boundary lines and reserve strips. Lot lines should follow municipal and county boundary lines rather than cross them. Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.

(11) Water frontage and surface drainage. The damming, filling, relocating, or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with approval of the Borough and, where required by state statute, the PA DEP or other applicable state agencies.

(12) Community facilities and adopted plan requirements. Where a proposed park, playground, school, or other public use is shown in an adopted plan of the Borough and is located in whole or in part in a proposed development, the Council may require the reservation of such area, provided that such reservation is acceptable to the developer.

(13) Walkways. Pedestrian interior walks may be required, where necessary, to assist circulation or provide access to community facilities (e.g., a park or school).

(14) Storm drainage. Lots and/or parcels shall be laid out and graded to provide positive drainage away from buildings and to prevent damage to neighboring lots, tracts, or parcels.

B. Planned improvements. Physical improvements to the property being subdivided and/or developed shall be provided, constructed and installed as shown on the approved preliminary plan.

C. Improvements specifications. All improvements installed by the developer shall be constructed in accordance with the design specifications and construction standards of the Borough and advice of the Borough's Engineer.

(1) Where there are no applicable Borough specifications, improvements shall, if approved by the Council, be constructed in accordance with specifications furnished by the Borough's Engineer, Monroe County Conservation District, Pennsylvania Department of Transportation, Pennsylvania Department of Environmental Protection, Bureau of Forestry or such other county, state or federal agency as may be applicable.

(2) If there are no applicable Borough or state specifications, the Council may authorize that such specifications be prepared by the Borough's Engineer or an engineering consultant.

D. Other ordinances. Whenever other Borough ordinances and/or regulations impose more restrictive standards and requirements than those contained herein, such other ordinances and/or regulations shall be observed; otherwise, the standards and requirements of this chapter shall apply.

[1] Editor's Note: See Ch. 215, Zoning.

§ 187-44 Four-step design process.

All preliminary plans shall include documentation of a four-step design process in determining the layout of proposed conservation open space, house and development sites, streets and lot lines, as described below.

A. Resource inventory and analysis. The tract's resources shall be delineated on an existing resources and site analysis plan, as required in § 187-29D.

B. Four-step design process:

(1) Step 1: Delineation of conservation open space.

(a) The minimum percentage and acreage of required conservation open space shall be calculated by the applicant and submitted as part of the sketch plan or preliminary plan in accord with the provisions of this chapter and § 215-23 of the Zoning Ordinance. Conservation open space shall include all primary conservation areas and those parts of the remaining buildable lands with the highest resource significance, as described below and in § 187-45A and B.

(b) Proposed conservation open space shall be designated using the existing resources and site analysis plan as a base map and complying with § 215-23 of the Zoning Ordinance and this § 187-44 and § 187-45, dealing with resource conservation and conservation open space delineation standards. The Borough's Map of Potential Conservation Lands shall also be referenced and considered. Primary conservation areas shall be delineated, comprising floodplains, wetlands and slopes over 25%.

(c) In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed conservation open space, in consultation with the Planning Commission and in accordance with § 187-45A and B.

(d) On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resources areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area percentage requirements for conservation open space and in a manner clearly indicating their boundaries as well as the types of resources included within them.

(e) Development areas constitute the remaining lands of the tract outside of the designated conservation open space areas.

(2) Step 2: Location of house sites. Potential house sites shall be located, using the proposed conservation open space as a base map as well as other relevant data on the existing resources and site analysis plan such as topography and soils. House sites should generally be located not closer than 100 feet to primary conservation areas and 50 feet to secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

(3) Step 3: Alignment of streets and trails.

(a) With house site locations identified, applicants shall delineate a street system to provide vehicular access to each house in a manner conforming to the tract's natural topography and providing for a safe pattern of circulation and ingress and egress to and from the tract.

(b) Streets shall avoid or at least minimize adverse impacts on the conservation open space areas. To the greatest extent practicable, wetland crossings and new streets or driveways traversing slopes over 15% shall be avoided.

(c) Street connections shall generally be encouraged to minimize the number of new culs-de-sac and to facilitate easy access to and from homes in different parts of the tract and on adjoining parcels.

(d) A tentative network of trails shall also be shown, connecting streets with various natural and cultural features in the conserved conservation open space. Potential trail connections to adjacent parcels shall also be shown in areas where a municipal trail network is envisioned.

(4) Step 4: Drawing in the lot/development lines. Upon completion of the preceding three steps, boundaries are drawn as required to delineate the boundaries of individual lots or development areas, following the configuration of house sites and streets in a logical and flexible manner.

§ 187-45 Conservation open space standards.

Conservation open space shall be preserved in accord with § 187-41 of this chapter and the Borough's Zoning Ordinance,[1] and not less than 30% of the conservation open space shall be accessible to the residents of the subdivision or land development.

A. Prioritized list of resources to be conserved. The design of conservation open space in any subdivision or land development plan shall reflect the standards set forth in § 187-43, resources identified on the Borough's Map of Potential Conservation Lands and, to the fullest extent possible, incorporate any of the following resources if they occur on the tract (listed in order of significance):

(1) Stream channels, floodplains, wetlands, vernal ponds, wet soils, swales, springs, and other lowland areas, including adjacent buffer areas which may be required to ensure their protection.

(2) Significant natural areas of species listed as endangered, threatened, or of special concern, such as those listed in the Statewide Natural Diversity Inventory.

(3) Moderate to steep slopes, particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.

(4) Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands, and wildlife habitats.

(5) Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.

(6) Hedgerows, groups of trees, large individual trees of botanic significance, and other vegetational features representing the site's rural past.

(7) Class I, II and III agricultural soils, as defined by the USDA Natural Resource Conservation Service.

(8) Historic structures and sites.

(9) Visually prominent topographic features such as knolls, hilltops and ridges, and scenic viewsheds as seen from public roads (particularly those with historic features).

(10) Existing trails connecting the tract to other locations in the Borough.

B. Other design considerations. The configuration of proposed conservation open space set aside for common use in residential subdivisions and conservation open space in non-common ownership shall comply with the following standards:

(1) Be free of all structures except historic buildings, stone walls, and structures related to conservation open space uses. The Council may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within the conservation open space, provided that such facilities are not detrimental to the conservation open space (and that the acreage of lands required for such uses is not credited towards minimum conservation open space acreage requirements for the tract, unless the land they occupy is appropriate for passive recreational use).

(2) Generally not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.

(3) Be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe and convenient pedestrian access to conservation open space.

(4) Be suitable for active recreational uses to the extent deemed necessary by the Council, without interfering with adjacent dwelling units, parking, driveways, and roads.

(5) Be interconnected wherever possible to provide a continuous network of conservation open space within and adjoining the subdivision.

(6) Provide buffers to adjoining parks, preserves or other protected lands.

(7) Except in those cases where part of the conservation open space is located within private house lots, provide for pedestrian pathways for use by the residents of the subdivision. Provisions should be made for access to the conservation open space, as required for land management and emergency purposes.

(8) Be undivided by public or private streets, except where necessary for proper traffic circulation.

(9) Be suitably landscaped, either by retaining existing natural cover and wooded areas and/or according to a landscaping plan, to protect conservation open space resources.

(10) Be made subject to such agreement with the Borough and such conservation easements duly recorded in the office of the Monroe County Recorder of Deeds as may be required by the Planning Commission for the purpose of preserving the common open space for such uses.

(11) Be consistent with the Borough's Comprehensive Plan and any other duly adopted Borough or regional plan.

[1] Editor's Note: See Ch. 215, Zoning.

§ 187-46 Resource conservation standards for site preparation and cleanup.

A. Protection of vegetation from mechanical injury. Where earthwork, grading, or construction activities will take place in or adjacent to woodlands, old fields or other significant vegetation or site features, the Planning Commission may require that the limit of disturbance be delineated and vegetation protected through installation of temporary fencing or other approved measures. Such fencing shall be installed prior to commencing of, and shall be maintained throughout, the period of construction activity.

B. Protection of vegetation from grading change. Grade changes to occur at any location of 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.

C. Protection of vegetation from excavations. When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation shall be minimized. 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.

D. Protection of topsoil.

(1) No topsoil shall be removed from the site. In the case of a nonresidential development, topsoil shall be retained on the site as necessary for proper site stabilization.

(2) Prior to grading operations or excavation, topsoil in the area to be disturbed shall be removed and stored on site.

(3) Topsoil removed shall be redistributed and stabilized as quickly as possible following the establishment of required grades for a project or project phase. All exposed earth surfaces shall be stabilized in accord with best management practices.

(4) Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period from November 1 to April 1, when revegetation of exposed ground is difficult.

§ 187-47 Blocks and lots.

A. Configuration. The configuration of blocks and lots shall be based upon the lot area requirements, the salient natural features, open land requirements, the existing man-made features, and the proposed type of structure. Lot configurations should provide for flexibility in building locations, while providing safe vehicular and pedestrian circulation.

B. Blocks.

(1) Residential and commercial blocks shall have a maximum length of 1,000 feet.

(2) Blocks shall be of sufficient width to permit two tiers of lots, except where a public street, stream, other natural barrier or unsubdivided land prevents the platting of two tiers of lots.

C. Lots.

(1) Lot sizes and dimensions shall comply with the requirements of the Borough's Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 215, Zoning.

(2) Lots divided by municipal boundaries shall be avoided. Where a subdivision is divided by a municipal boundary, the applicant shall so notify the governing body of each municipality affected so that an administrative agreement for the platting and taxing of lots between the municipalities can be executed, if such agreement is necessary.

(3) All lots shall front on an approved street.

(4) All side lines of lots shall be at right angles to straight street lines and radial to curved street lines.

(5) Double-frontage lots shall not be platted unless access to the lots is restricted to the interior development streets and the lot is increased 20 feet in depth to provide for a planting strip along the exterior street.

(6) All lands in a subdivision shall be included in platted lots, roads, common areas and other improvements, and no remnants of land or reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands shall be permitted.

(7) Lots shall be laid out to the edge of any road, and lot lines along existing public or private roads shall be maintained as they exist.

(8) No corner lot shall have road frontage of less than 100 feet.

(9) All corner lots shall have a curve with a minimum radius of 10 feet adjoining the intersecting road edge or right-of-way lines.

D. Lot width modifications. See definition of "lot width" in Article II.

E. Flag lots. Flag lots shall be permitted by modification/waiver only in accord with the following:

(1) The applicant shall prove to the satisfaction of the Council that the flag lot is necessary to minimize the environmental impacts (e.g., disturbance of conservation areas) and that it would not result in a greater number of lots on the tract than would otherwise be feasible and permitted.

(2) Not more than 20% of the lots within a subdivision may be approved as flag lots.

(3) The access corridor portion of the lot is the area of the lot that extends between the street and main portion of the lot and shall not exceed 300 feet in length, as measured from the street right-of-way.

(4) The access corridor shall be a minimum of 20 feet wide.

(5) The applicant shall prove to the satisfaction of the Council that the proposed driveway would provide adequate access for emergency vehicles.

(6) The lot width measurement shall be made on the main portion of the lot and shall not include the access corridor.

(7) The lot line where the narrow access corridor widens shall be considered the front lot line for applying setback requirements.

(8) A flag lot shall only be approved for a lot that is protected by a deed restriction or conservation easement from further subdivision.

§ 187-48 Streets/roads.

A. General provisions:

(1) Every subdivision and land development shall have access to a public road.

(2) In general, all streets shall be continuous and in alignment with existing streets and shall compose a convenient system to ensure circulation of vehicular and pedestrian traffic, with the exception that minor streets shall be laid out, including the use of loop streets and culs-de-sac, so that their use by through traffic will be discouraged.

(3) Roads shall be graded, improved and surfaced to the grades and specifications shown on the plans, profiles, and cross sections as required by this chapter.

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

B. Topography. Roads shall be logically related to topography to produce reasonable grades, minimize site disturbance, and provide suitable building sites.

C. Existing access. Existing private roads or private rights-of-way proposed to provide access to a subdivision and/or land development shall meet all the requirements of this § 187-48 or shall otherwise be improved to such standards.

D. Street continuation. Residential streets shall be planned to discourage through traffic; however, the arrangement of streets, wherever possible, shall provide for continuation of existing or platted streets and for adequate access to adjoining undeveloped tracts suitable for future subdivision by reserving rights-of-way to the adjoining undeveloped tracts.

E. Subdivision names and street names. Streets that are extensions of, or obviously in alignment with, existing streets shall bear the names of the existing streets. Subdivision and street names shall not be repeated or be similar to those existing within the Borough or adjacent areas, and all street names shall be subject to the approval of the Borough for conformance with the enhanced 911 emergency call system. Street name signs of a design approved by the Borough shall be installed by the developer at his expense at each street intersection.

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

G. Cul-de-sac streets. Cul-de-sac streets shall be permitted only in cases where the property configuration does not permit the logical use of continuous streets, and the Borough shall have the right to deny the use of cul-de-sac streets in cases where the Borough determines that the use of continuous streets is practical. Cul-de-sac streets, where permitted, shall meet the following design regulations:

(1) Any temporary dead-end street, if designed to provide future access to adjoining properties, shall be provided with a temporary all-weather turnaround within the subdivision with a surfaced area with a radius equal to that required for a permanent turnaround, and the use of such turnaround shall be guaranteed to the public but shall be removed when the street is extended.

(2) Cul-de-sac streets, permanently designed as such, shall not serve more than 25 lots and shall not exceed a length of 800 feet.

(3) All cul-de-sac streets, whether permanently or temporarily designed as such, shall terminate in a turnaround.

(a) In cases where the cul-de-sac serves more than 10 dwelling units and/or dedication to the Borough is proposed, one of the following turnarounds shall be provided:

[1] A circular turnaround or off-center circular turnaround having a right-of-way with a minimum outside radius of 40 feet, an outer pavement edge or curbline having a minimum radius of 30 feet and improved to the required construction specifications.

[2] A circular turnaround with a center island having a right-of-way with a minimum outside radius of 55 feet, an outer pavement edge or curbline having a minimum radius of 45 feet, and a pavement width of 20 feet, improved to the required construction specifications. The center island shall be landscaped with low-maintenance vegetation.

(b) In cases where the turnaround serves 10 or less dwelling units and the street will remain private, the turnaround may be T- or Y-shaped, with a length of 60 feet and a width of 20 feet, improved to the required construction specifications.

(4) The turnaround right-of-way of the cul-de-sac shall be connected to the approach right-of-way by an arc having a radius of not less than 25 feet and the pavement by an arc of not less than 30 feet.

(5) When the Planning Commission determines that a cul-de-sac street may be required to be converted to a through street to provide access to adjoining property, a right-of-way equal to the width of the cul-de-sac street shall be provided to the perimeter boundary of the development parcel.

(6) As an alternative to a cul-de-sac street, the Borough may permit a one-way loop lane with a midway length not to exceed 800 feet and with a center median not less than 50 feet in width.

H. (Reserved)

I. Intersections:

(1) Center lines. Center lines of streets shall intersect as nearly at right angles as possible.

(a) Any center-line intersection angle of less than 80° shall be allowed only upon grant of a waiver by the Borough based upon a written request by the developer.

(b) Center-line intersection angles of less than 60° shall not be approved under any condition.

(2) More than two streets. Intersections of more than two streets at one point are not permitted.

(3) Minimum offset. Where streets intersect other streets, the minimum offset or distance between center lines of parallel or approximately parallel streets intersecting a cross street from the same or opposite directions shall be as follows:

(a) For minor, local access and marginal access streets: 150 feet.

(b) For collector and connector streets: 400 feet.

(4) Cartway-edge arc. The cartway edge at intersections shall be rounded by a tangential arc with a minimum radius of 40 feet for minor streets and streets of lesser classification and 50 feet for collector streets and streets of higher classification. The right-of-way arc shall be congruent with the cartway arc.

(5) Corner site distance. Corner site distance refers to the maximum length of highway along which a driver stopped at an intersection or driveway can continuously see another vehicle approaching on another roadway or driveway. For the purpose of measuring the available corner sight distance, the height of both the driver's eyes and the approaching vehicle shall be assumed to be 3.5 feet above the roadway surface. In addition, the driver's eyes shall be assumed to be 10 feet from the near edge of the intersecting roadway or driveway or the near edge of the closest travel lane in the event there is parking permitted on the intersecting roadway or driveway.

(6) Traffic signs and signals. Traffic signs and traffic signals shall be required in accord with § 187-58.

J. Major street frontage. Where a subdivision and/or land development abuts or contains an existing or proposed collector street or Borough or state road, the Borough may require access from interior subdivision streets or such other treatment as will provide protection for abutting properties, reduction in number of intersections with the collector or arterial street, and separation of local and through traffic.

K. Street right-of-way, travel-way and shoulder widths, and cross sections. Street right-of-way, travel-way and shoulder widths shall be provided to the standards provided in Table VI-1 and Table VI-2.[1]

(1) Shoulder surfaces shall be graded at a slope of 6% away from the pavement edge.

(2) The finished paved travel-way surface of tangent sections and curve sections not required to be superelevated shall be crowned at 2% away from the center line.

(3) Properly superelevated cross sections shall be required on collector streets when the curve radii are less than 1,500 feet. The maximum permissible superelevation shall be 8%.

[1] Editor's Note: Table VI-1 and Table VI-2 are attachments to this chapter.

L. Easements. Easements for utilities shall be provided and shall conform in width and alignment to the recommendations of the appropriate utility company. Easements shall also be provided for all stormwater drainage ditches, sewers, and watercourses. All easements shall be shown on the preliminary and final plans, and the Borough or its agents shall have the right to enforce the restrictive easements relative to the water supply and sewage disposal in the event that the developer and/or lot owners fail or are unable to do so. The Borough shall further have free access to all developments and lots at all times for the purpose of inspection and enforcement.

(1) Access easements.

(a) Access easements shall be shown and labeled on the plans to indicate the purpose, easement users, and the rights of said users.

(b) No access easement shall be a part of any lot, but it shall be a separate area designed with the express purpose of access to a particular site or facility. (Example: An access to a well lot would be part of the well lot and not a right-of-way across the adjoining building lot.)

(c) Ownership and maintenance responsibility shall be noted on the plans for each easement.

(2) Utility easements.

(a) Utility easements shall be a minimum of 10 feet in width and shall be provided along all street rights-of-way in addition to the required street width.

(b) All existing and proposed utility easements shall be shown and labeled on the plan and included in the restrictive covenants as appropriate.

(c) Existing and proposed utility easements shall be included in lot sizes unless otherwise restricted by the utility.

M. Street alignment. Street alignment shall be designed as follows:

(1) Deflection. Whenever street lines are deflected in excess of 5° within 100 feet, connection shall be made by horizontal curves.

(2) Sight distances. Streets shall be designed so that there will be unobstructed sight distances along the center line thereof as set forth in Table VI-1.[2]

[2] Editor's Note: Table VI-1 is an attachment to this chapter.

(3) Stopping sight distance. Stopping sight distance is the length of highway over which an object is visible to the driver at all times. For the purpose of measuring the available stopping sight distance at a particular location, the driver's eye height is assumed to be 3.5 feet above the roadway surface and the object height is assumed to be six inches above the roadway surface.

(4) Tangents. Between reversed curves minimum tangents shall be provided in accord with Table VI-1.[3]

[3] Editor's Note: Table VI-1 is an attachment to this chapter.

N. Street grades. Street grades shall be designed as follows:

(1) Center-line grades shall not exceed the grades set forth in Table VI-1.[4]

[4] Editor's Note: Table VI-1 is an attachment to this chapter.

(2) The maximum grade across the turnaround on a cul-de-sac street shall not exceed 4%.

(3) To provide for adequate drainage, the minimum grade of any street gutter shall not be less than 1%.

(4) To provide for adequate drainage, the minimum grade of any parallel ditch along a street shall be not less than 1%.

(5) A leveling area for all street intersections shall be provided as follows:

(a) The tangent grade of the through street at the point of intersection of the center lines of the two streets shall not exceed 8% for collector, minor, local access, and marginal access street intersections, and all other intersections shall comply with the grades as required on Table VI-1.[5] Crest and sag vertical curves shall be provided in accordance with § 187-48O.

[5] Editor's Note: Table VI-1 is an attachment to this chapter.

(b) The tangent grade of the connecting street(s) shall not exceed 4% within 25 feet of the right-of-way lines of the through street. Crest and sag vertical curves shall be provided in accordance with § 187-48O. The point of vertical curvature or tangency shall not be within the through street right-of-way.

O. Vertical curves. Vertical curves shall be used at changes of grade exceeding 1% and shall be provided in accord with Table VI-1[6] and the following vertical curve information shall be shown on the street profiles:

(1) Length of vertical curve.

(2) Elevation and stationing of the vertical point of intersection, vertical point of curvature, vertical point of tangency, and middle offset.

(3) Street grades.

(4) Sight distances.

[6] Editor's Note: Table VI-1 is an attachment to this chapter.

P. Clear sight triangles. At all intersections, a triangular area shall be graded and/or other sight obstructions removed in such a manner as not to obscure vision between a height of from two to 10 feet above the center-line grades of the intersecting streets.

(1) The clear sight triangle shall be guaranteed either by deed restriction, by lease restriction or by plan reference, whichever method is applicable. Vegetation shall not be planted or allowed to grow in such a manner as to obscure said vision.

(2) Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting the two points, one point at each street center line. The point along the secondary street center line shall be 10 feet back from the pavement line of the through street. The points along the center line of the through street shall be set in accordance with the following table:

Road Classification	Speed (miles per hour)	Distance (feet)
Local access	25	280
Marginal access	25	280
Minor	30	335
Collector	40	445
Connector	50	555

(3) Whenever a portion of the line of such triangle occurs behind (from the street) the building setback line, such portion shall be shown on the final plan of the subdivision and shall be considered a building setback line.

Q. Driveways. Driveways shall comply with the following standards:

(1) Driveways shall not be permitted to have direct access to public streets unless authorized by the Borough or the Pennsylvania Department of Transportation, as applicable, via issuance of a highway occupancy permit.

(2) Lots shall not be platted which would result in driveways which would exceed 15% in grade or as otherwise required by state or Borough regulations.

(3) Entrances shall be rounded at a minimum radius of five feet or shall have a flare construction that is equivalent to this radius at the point of intersection with the cartway edge.

(4) Future driveways which are to be constructed adjacent to a street intersection shall be shown on the preliminary and final plans.

(5) A leveling area not exceeding 4% in grade and not less than 25 feet in length shall be provided where a driveway intersects with the right-of-way of the adjoining road.

(6) Adequate provision shall be made for parallel drainage facilities.

(7) The minimum vertical curve for residential driveways shall be two feet per 1% change in grade.

(8) The minimum distance between a driveway or point of access and the nearest intersecting street shall be as follows:

Type of Subdivision or Land Development	Distance between center lines of driveway and nearest intersecting street right-of-way by Type of Intersecting Street (The nearest intersecting street shall be construed as being on the same or the opposite side of the street on which the driveway is proposed.)
	Arterial (feet)	Connector Collector (feet)	Minor Local Access Marginal Access (feet)
Residential	150	100	75
Nonresidential	300	200	150

R. Bridges and stream crossings. Bridges and other stream-crossing structures which are part of the proposed street system shall be designed and constructed in accordance with the current Pennsylvania Department of Transportation standards and specifications for the proposed load. Evidence of compliance with any state or federal requirements shall be provided. At a minimum, the width of the bridge or stream crossing shall be equal to the travel-way width of the roadway carried by the bridge or stream crossing.

S. Clearing and grubbing. The right-of-way for all streets shall be cleared and grubbed only to the extent necessary to provide the required street cartway, cuts and fills, and associated drainage facilities.

(1) All trees, stumps, roots, and other material deemed unsuitable by the Borough for underlying the street improvements shall be removed from the grading area and shall be properly disposed of.

(2) Voids created by the removal of stumps or roots shall be backfilled and compacted to the satisfaction of the Borough.

(3) Rocks greater than 12 inches in diameter shall be removed to a minimum depth of six inches below the finished subgrade.

(4) All cleared and grubbed areas shall be inspected and approved by the Borough Engineer prior to the subbase installation.

T. Cuts and fills. All cuts and fills shall be constructed as follows:

(1) The maximum slope of any earth embankment or excavation shall not exceed one foot vertical to two feet horizontal unless stabilized by a retaining wall or cribbing, except as approved by the Council for special conditions.

(2) The maximum slope of any rock excavation shall not exceed four feet vertical to one foot horizontal.

(3) All embankments shall be compacted to prevent erosion.

(4) Cuts and fills shall be stabilized to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.

(5) Fills shall be placed in lifts and compacted in accord with specifications of PennDOT Publication 408, latest edition, to minimize sliding or erosion of the soil.

(6) Fills shall not encroach on natural watercourses or constructed channels, and fills placed adjacent to such natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.

(7) Grading shall be done in a manner so as not to divert water onto the property of another landowner without the written consent of the landowner.

(8) During grading operations, necessary measures for dust control shall be exercised.

(9) Grading equipment shall not be allowed to cross streams except by PA DEP permit, and adequate provisions shall be made for the installation of culverts and bridges.

U. Subgrade, base and surface.

(1) Subgrade.

(a) The design and construction of the roadbed shall take into consideration the supporting capacities of the subgrade, with particular attention to those soils which are subject to frost heave.

(b) Subgrade, parallel and cross-drainage facilities shall be provided when necessary and shall be located, designed and installed to maintain proper drainage.

(c) Unsuitable soils, as identified by the project engineer and confirmed by the Borough's Engineer, shall be removed and replaced, drained or otherwise stabilized to provide adequate support for the roadbed and anticipated loads. If construction of a roadbed in such locations, and particularly on soils identified in the Monroe County Soil Survey as subject to frost heave, is proposed, the Borough shall require such drainage facilities and/or underdrains and subgrade drains as necessary to stabilize the subgrade. The design of such facilities shall be approved by the Borough.

(2) Subbase and base course. Subbase and base course aggregate material shall conform in type and be compacted to the depths shown in Table VI-2[7] of this chapter in accordance with the latest specifications of PennDOT (Form 408) and the requirements of the Borough.

[7] Editor's Note: Table VI-2 is an attachment to this chapter.

(3) Surface course. The bituminous surface course shall conform in type and be compacted to the depths shown in Table VI-2[8] of this chapter in accordance with the latest specifications of the PennDOT (Form 408) and the requirements of the Borough.

[8] Editor's Note: Table VI-2 is an attachment to this chapter.

(4) Shoulders. Where curbs are not required or provided, shoulders shall be provided and shall be constructed of the material and compacted to the width and depth shown in Table VI-2 of this chapter.[9]

[9] Editor's Note: Table VI-2 is an attachment to this chapter.

(5) Commercial/industrial areas. Any street serving a commercial or industrial area shall be designed and constructed to collector street standards.

(6) Parking lanes. Where curbs are required and/or provided for collector streets, the parking lane (between the travel way and the curb) shall be not less than 10 feet wide and shall be constructed to the same standards as the travel way. The parking lane shall be not less than eight feet wide for minor streets and six feet wide for local and marginal access streets, and it shall be constructed of the same material and to the same depth as required for shoulders and be stabilized by the application of bituminous product.

(7) Alternative designs. Alternative roadbed designs may be proposed and will be considered in accord with § 187-79. The alternate design must provide load capabilities equivalent to or higher than the capabilities of the designs set forth above. Alternate designs will be reviewed on the basis of design recommendations of the Asphalt Institute.

V. Walls, slopes, and guide rails.

(1) Where the grade of the street is above or below the grade of the adjacent land, walls or slopes shall be constructed in a manner satisfactory to the Borough to support the street or the adjacent land, as the case may be.

(2) Guide rails shall be installed at points where a road or required parking area will be constructed three feet or more above existing grade or as otherwise determined by the Borough's Engineer in accord with PennDOT standards.

W. Curbs and gutters.

[Amended 5-2-2011 by Ord. No. 3-2011[10]]

(1) Curbs shall be required along all new and existing streets as follows:

(a) In nonresidential developments, or higher density residential developments, or where other similar intensive uses exist or are anticipated, curbs shall be required if deemed necessary by the Council for public safety.

(b) Along all new and existing streets where sidewalks are required.

(c) Where curbs exist on abutting properties, their extension shall ordinarily be required throughout the proposed subdivision.

(d) Where curbs are not required, adequate gutters shall be graded and protected by seeding or appropriate surfacing.

(2) Design standards. Curbs and gutters shall be designed and constructed as follows:

(a) Minimum curb or pavement edge radii at street intersections shall equal that required for the cartway edge.

(b) Minimum curb construction standards are as follows:

[1] Straight curbs of Portland cement concrete shall be 21 inches in depth, six inches wide at the top, and eight inches wide at the bottom, and shall have an exposed face between six inches and eight inches. Concrete shall be in accordance with class A cement concrete as specified in PennDOT Publication 408. Expansion joints shall be provided at least every 20 feet.

[2] The Council may require steel reinforcing of Portland cement concrete curbs.

(c) If gutters are provided, they shall be in conformance with good engineering practice and subject to the approval of the Borough's Engineer. Gutters and/or drainage swales shall be designed to prohibit erosive velocities, and paving may be required if runoff velocities exceed 5.0 fps when calculated in accordance with PennDOT Manual, Part 2. Velocity calculation shall be placed on the center-line profile drawings or shall be submitted separately with the profiles.

[10] Editor's Note: This amendment was unintentionally excluded from the 2014 Subdivision and Land Development Ordinance; provisions were effectively restored to this chapter by Borough Council 5-5-2014.

X. Sidewalks. Sidewalks, where required or provided, shall be located within the street right-of-way in accord with the required landscape plan and the following:

(1) Sidewalks and street crosswalks in residential and nonresidential subdivisions or land developments shall have a minimum width of four feet.

(2) The type of construction permitted is as follows:

(a) Sidewalks and crosswalks shall be Portland cement concrete of at least four inches thick underlain by four inches of compacted cinder, gravel, or crushed stone.

(b) Sidewalks at driveway crossings shall be at least six inches thick reinforced and underlain by four inches of compacted cinder, gravel, or crushed stone.

Y. Parking on streets. Off-street parking for all uses shall be provided in accord with the Borough's Zoning Ordinance,[11] and streets shall not be designed to accommodate on-street parking except in accord with § 187-48U(6).

[11] Editor's Note: See Ch. 215, Zoning.

Z. Driveway and cross drainage. At each point where a street is intersected by a driveway that requires surface drainage water to be carried under the driveway at the intersection, a culvert pipe shall be installed across the width of the driveway to meet the drainage requirements determined in accord with § 187-50 of this chapter. Such cross drains as may be necessary shall also be installed under the street in accord with the drainage plan. Pipes shall be installed at such depth and in such manner as dictated by the site, and no pipe shall be installed that is less than 18 inches in diameter. (See § 187-50 for additional requirements.)

AA. Alleys. Alleys shall not be permitted.

§ 187-49 Monuments and markers.

Monuments and markers shall be placed so that the center, scored or marked point shall coincide exactly with the intersection of the lines being monumented or marked and shall conform to the following:

A. Monuments.

(1) Monuments shall consist of either:

(a) Solid steel rods not less than one inch in diameter and not less than 36 inches in length (preferably 42 inches to 48 inches).

(b) A two-inch (inside diameter) galvanized pipe filled with concrete at least 36 inches in length (preferably 42 inches to 48 inches).

(c) A concrete cylinder four inches in diameter and at least 36 inches in length (preferably 42 inches to 48 inches).

(d) Other types approved by the Council.

(2) Monuments shall be set flush with the finish grade of the surrounding ground.

(3) All monuments shall be placed under the direction of a registered professional land surveyor who will take full responsibility for their accuracy and placement.

(4) Monuments shall be placed as follows:

(a) At all exterior property corners where permanent corners do not exist at the time of the perimeter survey. (Existing permanent corners shall not be removed or replaced but shall be noted on the plan as existing and described.)

(b) One monument for every 10 lots proposed shall be placed at street intersections and intersections of rear lot lines, the location of which shall be proposed by the developer and approved by the Borough. An adequate number of monuments shall be provided so that in no case shall the distance between monuments exceed 1,000 feet.

B. Markers.

(1) Lot markers shall consist of either:

(a) Solid steel rods not less than 3/4 inch in diameter and not less than 24 inches in length.

(b) Steel pipes not less than 3/4 inch in diameter and not less than 24 inches in length.

(c) Other types approved by the Planning Commission.

(2) Markers normally shall be set two inches above the finish grade of the surrounding ground.

(3) All markers shall be placed under the direction of a registered professional land surveyor who will take full responsibility for their accuracy and placement.

(4) Markers shall not be placed until road grading has been completed.

(5) Lot markers shall be placed as follows:

(a) At all points where lot lines intersect street right-of-way lines.

(b) At all points where lot lines intersect exterior property lines.

(c) At all interior lot corners.

(d) At such other lot corners and locations as the Borough may direct.

§ 187-50 Stormwater and drainage control.

A. Stormwater management plans; ordinance. The Borough lies in the Tobyhanna Creek Watershed and the Brodhead Creek Watershed, and a stormwater management plan has been adopted for each watershed under the terms of the Pennsylvania Storm Water Management Act. The Borough has adopted an ordinance specifically governing stormwater management in each watershed, and all subdivisions and land development shall comply with those requirements.

B. Compliance with state regulations. The plan shall meet the intent of § 13 of the Pennsylvania Storm Water Management Act[1] and other applicable regulations to assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities or the quality, velocity and direction of stormwater is managed in a manner which otherwise adequately protects health and property from possible injury. Said plan shall comply with all PennDOT requirements.

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

C. Plan. A stormwater drainage and management plan shall be required for all major subdivisions and all land developments and shall be subject to the approval of the Council with the recommendation of the Borough's Engineer. The plan shall show all existing surface drainage features and shall include all appropriate designs, details, and dimensions necessary to clearly explain proposed construction materials, grades, and elevations. The developer shall submit the plan and all associated engineering calculations to the Planning Commission at the time of subdivision or land development plan submission.

D. Requirements.

(1) The basic goal of the stormwater management plan shall be to maximize the on-site infiltration of stormwater and minimize the overall volume of stormwater leaving the property after development, and the plan shall incorporate best management practices to achieve this goal.

(2) The Planning Commission shall, in cases where existing drainage problems, flooding or other factors relating to the public health, safety, and welfare, and upon the recommendation of the Borough's Engineer, require that the proposed stormwater control facilities be designed to more stringent storm frequency and/or other criteria, or it shall require the provision of stormwater control facilities in areas where no such facilities are proposed by the developer.

(3) All proposed stormwater drainage structures shall be indicated on the drainage plan submitted with the subdivision or land development plan and shall be considered "improvements" for the purposes of final subdivision approval. Construction materials shall comply with the latest PennDOT Publication 408 standards and the applicable PennDOT RC standards for construction.

(4) Stormwater or natural drainage water shall not be diverted to overload existing drainage systems or create flooding or the need for additional stormwater management or drainage facilities on other properties without the written consent of the owners of such properties and the provision by the developer of facilities to control the stormwater or drainage.

(5) Where a subdivision is traversed by a natural drainageway or channel, the developer shall reserve a drainage easement conforming substantially with the line of such drainageway or channel and of such width as determined by the Planning Commission adequate to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, maintaining, improving, or protecting such drainage facilities. A drainage easement shall also be so provided for all proposed stormwater control facilities.

(6) Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement of not less than 25 feet on each side of the stream from each stream bank or such additional width as will be adequate to preserve the unimpeded flow of the watercourse.

(7) In no case shall any pipe system of less than 18 inches be installed underneath a street or driveway, and all pipes shall be of a plastic, PVC, concrete or other material of an equal or greater useful life, meeting the requirements of PennDOT Publication 408, latest edition.

(8) Drainage structures that are located on state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation, and a letter from that agency indicating such approval shall be directed to the Borough prior to final plan approval.

(9) Lots shall be laid out and graded to prevent cross-lot drainage and to encourage drainage away from proposed building areas.

(10) Drainage easements of a minimum of 10 feet in width shall be provided on each side of all side and rear lot lines and adjacent to street rights-of-way as required by the stormwater drainage and management plan.

(11) Paved street shoulders, gutters, and/or drainage swales and riprap of drainage swales may be required to provide for adequate stormwater management.

E. Maintenance of stormwater control facilities.

(1) Maintenance of stormwater control facilities, including easements between lots, shall be the responsibility of the owner of said facilities. A legally binding agreement shall be required between the owner and the Borough to provide for such maintenance and providing for inspections by the Borough.

(2) In cases where a property owners' association is created for the ownership, operation, and maintenance of common facilities, such property owners' association shall be responsible for the maintenance of stormwater control facilities, and such maintenance shall be established in the deed covenants and restrictions.

(3) When stormwater management control facilities are located on an individual lot, and when such facilities are the responsibility of that landowner to maintain, a description of the facility or system and the terms of the required maintenance shall be incorporated as part of the deed to the property.

(4) If the Borough determines at any time that any permanent stormwater management control facility has been eliminated, altered, or improperly maintained, the owner of the stormwater control facility shall be advised of the corrective measures required and given a reasonable period of time to take necessary action. If such action is not taken by the property owner, the Borough may cause the work to be done and lien all costs against the property.

§ 187-51 Soil erosion and sedimentation controls.

All soil erosion and sedimentation control plans shall meet the specifications of and shall be approved by the Monroe County Conservation District and PA DEP. Said plan shall comply with Commonwealth of Pennsylvania, Title 25, Chapter 102, Department of Environmental Protection regulations for soil erosion and sedimentation control. Erosion and sedimentation controls shall be installed according to the approved plan and shall be maintained by the developer in proper functioning condition until stabilization of the area is completed as determined by the Monroe County Conservation District. Preliminary plan approval shall be conditioned on all required approvals and permits from the Monroe County Conservation District and/or PA DEP.

§ 187-52 Water supply.

A. All subdivisions and land developments shall be connected to the public water system serving the Borough, and water supply systems meeting the requirements of the water system owner shall be provided by the developer.

B. All water systems shall be designed and certified by a registered professional engineer or other individual otherwise certified for such design work, and all systems shall be designed in accord with all applicable federal, state, and local standards.

C. Pressure testing of all central water supply system lines shall be required as part of the inspections required in accord with Article VI of this chapter. All such testing shall be conducted in accord with the procedures specified by the water system owner.

§ 187-53 Sewage disposal.

A. General standards:

(1) All subdivisions and land developments shall be served by an adequate sewage disposal system, and the developer shall provide evidence documenting said adequacy.

(2) All suppliers of non-municipally-owned sewer services shall be organized in such a fashion as may be required by the Pennsylvania Public Utility Commission, and the developer shall provide for operation, maintenance, and continuity of services in a manner which is acceptable to the Council.

(3) One copy of all correspondence, supporting documentation, applications for permits and certificates for operation submitted to the PA DEP and/or the Pennsylvania Public Utilities Commission (PA PUC) for the right to provide such services shall be forwarded to the Borough as a part of the public record. One copy of the permit and/or certificate of convenience issued by PA DEP and/or the PA PUC authorizing such services shall be forwarded upon receipt to the Borough as a part of the public record.

(4) In the case of utilization of a publicly owned or other existing central sewage disposal system, the developer shall submit, at the preliminary stage, a letter from the operator of such utility indicating the utility owner's willingness to supply service to the development and including a verification of the adequacy of the utility system to serve the proposed development. At the final approval stage, an executed agreement with the service supplier shall be submitted.

(5) All required certificates of convenience, approvals and permits shall be obtained by the developer and/or the utility owner as a condition of preliminary approval and shall be submitted with the final plan application.

(6) All sewage disposal systems shall be designed and certified by a registered professional engineer or other individual otherwise certified for such design work, and all systems shall be designed in accord with all applicable federal, state, and local standards.

(7) Pressure testing of all collection/conveyance of any central water supply or central sewage disposal system lines shall be required as part of the inspections required in accord with Article VI of this chapter. All such testing shall be conducted in accord with the procedures specified by the Borough's Engineer.

(8) All sewage disposal systems shall be consistent with the Borough Sewage Facilities Plan, and the PA DEP required sewage planning modules shall be submitted by the developer.

B. On-lot sewage disposal.

(1) Standards. All on-site sewage disposal systems shall comply with the applicable PA DEP standards, the Borough Sewage Facilities Ordinance, and all other applicable standards.[1]

[1] Editor's Note: See Ch. 160, Sewers.

(2) Site suitability.

(a) All residential lots in developments proposing the use of on-site sewage disposal shall contain two areas suitable for such a disposal system with such areas indicated on the preliminary plan and final plan. One area shall be used for installation of the system and the second area shall be reserved for future use should the constructed sewage system fail beyond repair. All sewage disposal areas shall remain undisturbed, and this shall be assured via a covenant placed on the plan.

(b) Prior to any action on the preliminary plan by the Planning Commission, the applicant must document that all lots in subdivisions proposing on-site sewage disposal contain a suitable area as tested by the Borough SEO in accord with PA DEP requirements and this chapter, or that all lots are already served by an adequate, existing sewage disposal system.

(c) Should the applicant propose the use of on-lot systems which do not require soil testing, documentation shall be provided that the affected lots are suitable for the proposed system. In addition, a note shall be placed on the preliminary plan and final plan detailing the type of system(s) proposed and stating that the affected lots have not been tested for a soil-based system.

(3) System maintenance. In order to extend the useful life of on-site sewage disposal systems and minimize on-site disposal system problems, the developer shall, for all subdivisions of 10 lots or more, provide for on-site system maintenance via the creation of a property owners' association (POA). This requirement shall also apply to any subdivisions of less than 10 lots if a POA is otherwise required or proposed. Such POA shall be created in accord with § 187-40 of this chapter, and it shall provide for the inspection of the on-site systems and the pumping of septic tanks at intervals of not less than three years from the date of the operation of each system. The POA shall file with the Borough an annual report detailing which systems have been inspected and pumped, showing receipts for same from a septage hauler disposing of the septage at a PA DEP-licensed facility. Failure of the POA to comply with this Subsection B(3) shall be considered a violation of this chapter.

C. Central sewage disposal system. In addition to the following standards, the Borough Sewage Facilities Ordinance shall govern all central sewage disposal facilities, as defined by that ordinance.[2]

(1) Public sewage disposal. All proposed developments shall connect to such system in accord with the requirements of the Borough Sewage Facilities Plan, the Borough's Municipal Authority, the PA DEP, and the PA PUC.

(2) Project system. If the Borough's municipal sewage system is not accessible and sewage disposal is to be furnished on a project basis, the applicant shall, upon submission of the subdivision or land development plan, submit written evidence that he has complied with all Borough, county, and state regulations, and that the proposed system to be installed meets the requirements of the PA DEP and any other applicable regulations.

(a) All central sewage disposal systems shall be consistent with the sewage feasibility studies and plans of the Borough.

(b) All sewage collection and treatment facilities shall be designed and constructed in accordance with regulations and requirements of PA DEP and applicable Borough ordinances, and they shall meet the requirements of the Municipal Authority to ensure compatibility if such system is at some point connected to the Borough's system.

(c) All central sewage disposal systems shall be designed and constructed to provide adequate capacity for the ultimate flow of the subject development. The Borough may also require that any central sewage disposal system be designed and constructed to provide for service to adjacent or nearby properties. In such instances, developers shall be financially responsible solely for those costs associated with their individual development.

(d) All central sewage disposal systems using subsurface or land application of sewage effluent shall be designed and constructed in accord with applicable PA DEP standards, and a suitable replacement area for the effluent disposal area shall be provided.

[2] Editor's Note: See Ch. 160, Sewers.

D. Community system maintenance. In order to extend the useful life of community sewage disposal systems and minimize disposal system problems, the developer shall, for all subdivisions or land developments using a community system, provide for system maintenance via the creation of a property owners' association. Such POA shall be created in accord with § 187-40 of this chapter, and it shall provide for the inspection of the community system each year and the pumping of septic tanks at intervals as required but not less once every three years from the date of the operation of each system. The POA shall file with the Borough an annual report detailing which systems have been inspected and pumped, showing receipts for same from a septage hauler disposing of the septage at a PA DEP-licensed facility. Failure of the POA to comply with this § 187-53D shall be considered a violation of this chapter.

§ 187-54 Utilities.

All utility lines required to service the subdivision shall be planned in cooperation with the respective utility companies. A letter shall accompany the subdivision or land development plan stating that the utility plan has been reviewed by the applicable utility company, such plan is approved, and service will be available. All cables, wires, conduits, pipes, and lines servicing the development shall be subject to the requirements set forth in this chapter.

§ 187-55 Sidewalks.

See § 187-48X.

§ 187-56 Landscape requirements; trees and vegetation.

A landscape plan meeting the requirements of this section shall be prepared for all land developments and major subdivisions, and no land development or major subdivision shall be finally approved until all landscaping has been installed or guaranteed in accord with this chapter.

A. Legislative intent. It is the intent of these landscape planting requirements to conserve existing healthy plant communities, such as woodlands, and to require new landscape plantings in critical areas of new developments in order to:

(1) Reduce soil erosion and protect surface water quality by minimizing stripping of existing woodlands or tree masses.

(2) Reduce stormwater runoff velocity and volume by providing planting areas where stormwater can infiltrate.

(3) Improve air quality by conserving existing or creating new plantings, which produce oxygen and remove carbon dioxide from the atmosphere.

(4) Encourage tree planting and landscaping along public streets. (See definition of "improvement.")

(5) Provide windbreaks, shade, and the other microclimate benefits of trees and landscape plantings.

(6) Conserve historically, culturally, or environmentally important landscapes such as wooded hillsides, scenic views, or aesthetic natural areas.

(7) Preserve and enhance property values through the implementation of good landscape architectural standards.

(8) Provide planted buffers between land developments, which act to visually integrate a development into the existing landscape.

(9) Provide planted and architectural visual screens around visually obtrusive site elements within development.

(10) Enhance the aesthetic appearance of the community and provide privacy and beauty.

(11) Improve traffic flow in parking lots by requiring planted parking islands and medians to separate traffic.

(12) Conserve energy by moderating solar radiation and providing shade.

(13) Improve the environment for pedestrians along streets, parking lots, and other pedestrian areas.

(14) Aesthetically improve stormwater management facilities, such as detention basins, without impairing function.

B. Minimum number of trees; preservation of existing vegetation. (See § 187-56G for plant specifications.) Unless other provisions of this chapter require more trees or vegetation, each development site shall include a minimum of 12 deciduous or evergreen trees for each one acre of the gross area of the development tract. Each deciduous canopy tree shall be four-inch caliper or greater, each deciduous ornamental tree shall be two-and-one-half-inch caliper, and each evergreen tree shall be eight to 10 feet in height or greater.

C. Parking lot landscaping.

(1) Landscaping benefits. Parking lots shall be landscaped with trees and shrubs to reduce the impact of glare, headlights, and parking lot lights; to delineate driving lanes; define rows of parking; and facilitate pedestrian circulation. Furthermore, parking lots shall be landscaped to provide shade in order to reduce the amount of reflected heat and to improve the aesthetics of parking lots.

(2) Lots with 10 or more stalls. All parking lots with 10 or more stalls shall be landscaped in accord with the criteria in this section.

(a) One planting island shall be provided for every 10 parking stalls. There shall be no more than 15 contiguous parking stalls in a row without a planting island.

(b) The ends of all parking rows shall be divided from drives by planting islands.

(c) In residential developments, large parking lots shall be divided by planting strips into smaller parking areas of no more than 40 stalls.

(d) In nonresidential developments, large parking lots shall be divided by planting strips into smaller parking areas of no more than 100 stalls.

(e) Planting islands shall be a minimum of nine feet by 18 feet in dimension, underlain by soil (not base course material), mounded at no more than a 3:1 slope nor less than a 5:1 slope, and shall be protected by curbing or bollards. Each planting island shall contain a minimum of one shade tree plus shrubs and/or ground cover sufficient to cover the entire area.

(f) All planting strips shall be a minimum of eight feet wide. Strips shall run the length of the parking row, underlain by soil (not base course material), shall be designed to encourage the infiltration of stormwater insofar as possible, and shall be protected by curbs, wheel stops, or bollards. Planting strips shall contain plantings of street-type shade trees at maximum intervals of one tree per 30 feet, plus shrubs and/or ground cover, as approved by the Borough, to cover the entire area.

(g) The placement of light standards shall be coordinated with the landscape plan to avoid a conflict with the effectiveness of light fixtures.

(h) Plants shall comply with the requirements of § 187-56G of this chapter. The use of plants selected from the list of acceptable plants in § 187-56H is required.

(i) In the case where this or another Borough ordinance requires a buffer or other landscaping at the end of a parking lot, such buffer or landscaping may take the place of the planting strip, provided the buffer or landscaping meets the minimum requirements of this § 187-56C.

(3) Buffers. All parking lots shall be buffered from public roads and from adjacent properties as required in § 187-56F.

(4) Reserved parking areas. The number of trees in parking areas which have been reserved in accord with § 215-22D of the Borough's Zoning Ordinance shall not be counted toward the minimum required by this § 187-56. This area shall remain undisturbed or shall be landscaped in accord with the minimum requirements specified in § 187-56B.

D. Street trees.

(1) Street trees required. Street trees shall be required:

(a) Along all existing streets abutting or within the proposed subdivision or land development.

(b) Along all proposed streets.

(c) Along access driveways that serve five or more residential dwelling units.

(d) Along access driveways that serve two or more nonresidential properties.

(e) Along major walkways through parking lots and between nonresidential buildings, as recommended by the Planning Commission.

(2) Waiver for existing vegetation. The street tree requirement may be waived by the Council where existing vegetation is considered sufficient to provide effective screening and to maintain scenic views of open space, natural features, or other valued features.

(3) Standards. Street trees shall be located between the ultimate right-of-way line and the building setback line and shall meet the following standards:

(a) Trees shall be planted at a ratio of at least one tree per 40 linear feet of frontage or fraction thereof. Trees shall be distributed along the entire frontage of the property, although they need not be evenly spaced.

(b) In nonresidential developments, trees shall be located within a planting bed within the front yard setback at least 10 feet in width, planted in grass or ground cover. In areas where wider sidewalks are desirable, or space is limited, tree planting pits within the sidewalk may be approved.

(c) Trees shall be located so as not to interfere with the installation and maintenance of sidewalks and utilities. Trees shall be planted a minimum distance of three feet from curbs and sidewalks, 15 feet from overhead utility poles with appropriate species selection for trees under utility wires, and six feet from underground utilities.

(d) (Reserved)

(e) Trees shall comply with the requirements of § 187-56G. The use of tree species selected from the list of acceptable plants in § 137-56H is required.

E. Stormwater basins and associated facilities. Landscaping shall be required in and around all stormwater management basins according to the following:

(1) Vegetative cover required. All areas of stormwater management basins, including basin floors, side slopes, berms, impoundment structures, or other earth structures, shall be planted with cover vegetation such as lawn grass or naturalized plants specifically suited for stormwater basins. (See § 187-56H for plants for stormwater basins.)

(a) Lawn grass areas shall be sodded or hydro-seeded to minimize erosion during the establishment period, and once established these areas shall be maintained at a height of not more than six inches.

(b) Naturalized cover plants, such as wildflowers, meadows, and nonaggressive grasses specifically designed for the permanently wet, intermittently wet, and usually dry areas of stormwater basins, may be planted as an alternative to lawn grass, provided:

[1] The plantings provide continuous cover to all areas of the basin.

[2] The plantings do not interfere in the safe and efficient function of the basin as determined by the Borough Engineer.

(c) Trees and shrubs shall be allowed in and around stormwater basins, provided no interference is caused to the proper function of the basin, and trees or shrubs shall not be planted on an impoundment structure or dam.

(2) Basin shape. Basin shape shall incorporate curvilinear features to blend with the natural surrounding topography, and the use of sharp geometric shapes shall be avoided.

(3) Basin grades. Minimum grades inside stormwater basins shall be 1% unless infiltration is an integral part of the design, and maximum side slopes of the basin shall be 33% (3:1 slope).

(4) Buffers. Stormwater basins shall be buffered with landscaping from adjacent properties in accord with § 187-56F.

Table 615-1
Property Line and Road Right-of-Way Buffers
[See § 187-56F(3) for buffer intensity requirements]
Property-Line Buffers - applies to side and rear property lines
		Adjacent Use
	Office/ Institutional Public Recreation	Commercial/ Industrial	Multifamily Mobile Home Park	Single-Family Two-Family
Proposed Use	Buffer Type/Width (feet)
Office/ Institutional	Low/10	Low/10	Medium/15	High/20
Commercial/ Industrial	Medium/15	Low/10	High/20	High/20
Residential*	Low/10	Medium/15	Low/10	Medium/15
Active Recreation (play fields, golf courses, swim clubs, etc.)	Low/10	None	Low/10	Low/10

*	Buffers are required for all multifamily and mobile home parks.

Parking Lot Buffers along Road Rights-of-Way
Size of Parking Lot	Buffer Type/Width (feet)
10 spaces or less	Low/10
11 to 50 spaces	Medium/20
More than 50 spaces	High/30

F. Buffers and screens.

(1) Property lines and site elements. All subdivisions and land developments shall be landscaped with the following two components:

(a) Property line buffers that act to integrate new development with its surroundings and to separate incompatible land uses.

(b) Site element screens that act to minimize or eliminate views to certain other site elements.

(2) Minimum requirements. The requirements in this § 187-56F are minimum standards; additional plants, berms, or architectural elements may be required by the Borough as necessary to meet the intent of this § 187-56 or may be included in the plan at the applicant's discretion.

(3) Property line and road right-of-way buffer requirements.

(a) Property line and road right-of-way buffers shall be required for the following types of development:

[1] All nonresidential development.

[2] All multifamily development.

[3] All single-family detached developments unless a better design is approved by the Borough Council.

[4] All mobile home parks.

(b) An on-site investigation by the applicant shall identify the adjacent land uses along each property boundary. In the case of vacant land, the uses permitted by the Zoning Ordinance[1] shall be used. The existing or zoned uses shall be noted on the plan, and in the case of several permitted uses on a site, the most restrictive requirements shall apply. The Council shall make the final determination of the designation of the existing or zoned land uses.

[1] Editor's Note: See Ch. 215, Zoning.

(c) The width and quantity and type of plants required shall be determined by the intensity of the proposed land use and the adjacent land use, vacant land, or zoning district, according to the table in Table 615-1.

(d) Buffer area location and dimensions.

[1] The buffer area may be included within the front, side, or rear yard setback.

[2] The buffer area shall be a continuous pervious planting bed consisting of trees and shrubs, grass or ground cover.

[3] Parking shall not be permitted in the buffer area.

[4] Site element screens shall be permitted in the buffer area.

[5] Stormwater basins shall be permitted in the buffer area.

(e) Plant quantities and types. In accord with Table 615-1, for every 100 linear feet of property line to be buffered, the following minimum quantities and types of plants shall be required:

Buffer Type	Plants (per 100 linear feet)
Low	2 canopy trees, 1 ornamental tree, and 5 shrubs
Medium	2 canopy trees, 2 ornamental trees, 2 evergreen trees, and 10 shrubs
High	5 evergreen trees, 2 ornamental trees, 2 canopy trees, and 20 shrubs

(f) Design criteria:

[1] The required plants shall be distributed over the entire length and width of the buffer area.

[2] Buffer plants may be arranged symmetrically (formal) or asymmetrically (informal) and may be grouped to form plant clusters. However, informal groupings that reflect the natural character of the region are encouraged.

[3] Plants shall be spaced to provide optimum growing conditions.

[4] A variety of tree species is required as follows:

Number of Trees	Minimum Number of Tree Species	Maximum Percent of Any One Species
0 to 5	1	100%
6 to 15	2	50%
16 to 30	3	40%
31 to 50	4	30%
51+	6	20%

[5] All plants shall meet the requirements of § 187-56G.

(g) Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plants with the approval of the Council. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer, as determined by the Borough.

(h) Existing topographic conditions, such as embankments or berms, in conjunction with existing vegetation, may be substituted for part or all of the required property line buffers with the approval of the Council. The minimum visual effect shall be equal to or exceed that of the required buffer.

(4) Site element screens.

(a) Site element screens shall be required in all proposed land developments around the following site elements when these are located partially or fully within 100 feet of a property line or existing road right-of-way:

[1] Parking lots.

[2] Dumpsters, trash disposal, or recycling areas.

[3] Service or loading docks.

[4] Outdoor storage.

[5] Vehicle storage.

[6] Multifamily rear yards.

[7] Active recreation facilities.

[8] Detention basins.

[9] Sewage treatment plants and pump stations.

Table 615-2
Site Element Screens
[See § 187-56F(4)(f) for screen types and design criteria]
	Existing Adjacent Land Use (or Zoned Uses When Undeveloped*)
Proposed Use	Office or Institutional	All Other Non-residential	Single-Family, Two-Family, Townhouses	All Roads
Dumpster, trash, or recycling area	4 or 8	3 or 4	4 or 8	4 or 8
Service or loading docks	2 or 5	—	2 or 5	2 or 5
Outdoor sales yard and vehicle storage (excluding vehicle sales areas)	1	1	1	1, 7 or 9
Multifamily rear yards	—	—	—	6
Active recreation facilities (tennis, basketball, court games, etc.)	—	—	7	—
Retention or detention basins	6	—	6	—
Sewage treatment plants and pump stations	1 or 8	—	1 or 8	1 or 8

*	When residential and nonresidential uses are allowed by the zoning district on undeveloped adjacent land, the residential requirements shall apply.

(b) An on-site investigation by the applicant shall identify the adjacent land uses along each property boundary. In the case of vacant land, the uses permitted by the Zoning Ordinance[2] shall be used. The existing or zoned uses shall be noted on the plan, and in the case of several permitted uses on a site, the most restrictive requirements shall apply. The Council shall make the final determination of the designation of the existing or zoned land uses.

[2] Editor's Note: See Ch. 215, Zoning.

(c) The type of site element screen required shall be determined by the site element and the adjacent existing land use or zoned use in the case of vacant land, according to Table 615-2.

(d) Site elements not included in the above list that have similar visual impact shall be screened in accord with requirements for the most similar elements as determined by the Council.

(e) The site element screen shall be placed between the site element and the property line and shall be designed to block views to the maximum extent possible. Unless the screen is most effective at another location, it shall be located as close as possible to the site element and shall surround the element without impeding function or encroaching on sight triangles.

(f) Screen types and design criteria. The following types of screens shall be used where specified in Table 615-2.

Screen Type	Design Criteria
Screen Type #1: Evergreen or deciduous shrubs	Shrubs shall be placed 3 feet on center in a minimum 5-foot-wide bed surrounding the site element and arranged to provide a continuous hedge-like screen up to a minimum height of 3.5 feet at maturity. Shrubs may be clipped to form a hedge or left in their natural habit
Screen Type #2: Double row of evergreen trees.	A double row of evergreen trees shall be placed 10 feet on center and offset 10 feet to provide a continuous screen at a minimum height of 12 feet at maturity
Screen Type #3: Opaque fence	A 6-foot opaque fence surrounding the site element on at least three sides
Screen Type #4: Opaque fence with ornamental trees and shrubs	A 6-foot opaque fence surrounding the site element on at least three sides with additional plantings at the minimum rate of 3 shrubs and 2 ornamental trees or large shrubs for each 10 linear feet of proposed fence, arranged formally or informally next to the fence
Screen Type #5: Architectural extension of the building	An 8-foot minimum height architectural extension of the building (such as a wing wall) shall enclose service or loading docks. The building materials and style of the extension shall be consistent with the main building
Screen Type #6: Berm with ornamental trees	A 2- to 3-foot-high continuous curvilinear berm with ornamental trees at the rate of 1 tree for every 20 feet, clustered or arranged informally. The maximum slope of the berm shall be 3:1
Screen Type #7: A 2- to 3-foot-high continuous curvilinear berm with grass alone	The maximum slope of the berm shall be 3:1
Screen Type #8: Evergreen hedge	An evergreen hedge (such as Arborvitae, Chamaecyparis, etc.) with a minimum height at planting of 6-foot plants, 4 feet on center maximum
Screen Type #9: Low wall	A wall of brick or stone (not concrete block) at least 50% opaque, no less than 3 and no more than 4 feet in height

(g) Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plants with the approval of the Council. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required screen.

(h) Existing topographic conditions, such as embankments or berms. may be substituted for part or all of the required screen with the approval of the Council. The minimum visual effect shall be equal to or exceed that of the required screen.

(i) The applicant may propose the use of alternative screen types or changes in plants or designs which fulfill the intent of this chapter, with the approval of the Council.

(j) Plants shall meet the specifications of § 187-56G. Use of plants selected from the list of acceptable plants in § 187-56H is recommended.

G. Materials specifications, maintenance, and guarantee. The following standards shall apply to all plants or trees as required under this chapter:

(1) General requirements.

(a) The location, dimensions, and spacing of required plantings shall be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and present and future environmental requirements, such as wind, soil, moisture, and sunlight.

(b) Plants shall be selected and located where they will not contribute to conditions hazardous to public safety. Such locations include, but are not limited to, public street rights-of-way, underground and aboveground utilities, and sight triangle areas required for unobstructed views at street intersections.

(c) Plastic or other artificial materials shall not be used in place of plants.

(d) In cases where landscaped areas exceed one acre in size, an irrigation system designed in accord with current accepted practice may be incorporated into the landscaping.

(e) Frost-proof hydrants shall be provided 200 feet apart in lieu of an irrigation system.

(2) Plant specifications.

(a) All plants shall be healthy and vigorous and shall meet the minimum standards for health, form, and root condition as outlined in the latest edition of the American Association of Nurserymen (AAN) standards.

(b) All plants shall be selected for hardiness and shall be suitable for planting in the United States Department of Agriculture hardiness zone applicable to the Borough and to the specific localized microclimate and microenvironment of the planting site.

(c) Canopy trees, sometimes called shade trees, shall reach a minimum height or spread of 30 feet at maturity as determined by the AAN standards and shall be deciduous. New trees shall have a minimum caliper of four inches at planting.

(d) Ornamental trees or large shrubs shall reach a typical minimum height of 15 feet at maturity, based on AAN standards. Trees and shrubs may be deciduous or evergreen and shall have a distinctive ornamental character, such as showy flowers, fruit, habit, foliage, or bark. New ornamental trees shall have a minimum height of eight feet or 2.5-inch caliper. New large shrubs shall have a minimum height of 2.5 to three feet at the time of planting.

(e) Small shrubs may be evergreen or deciduous and shall have a minimum height at maturity of four feet based on AAN standards. New shrubs shall have a minimum height of 18 inches at the time of planting.

(f) Evergreen trees shall reach a typical minimum height of 20 feet at maturity based on AAN standards for that species and shall remain evergreen throughout the year. New evergreens shall have a minimum height at planting of eight to 10 feet.

(3) Maintenance. The failure to maintain all plants, landscaping and sprinkler or frost-proof hydrants in accord with the following requirements shall constitute a violation of this chapter subject to the penalties prescribed by § 215-120.[3]

(a) Required plants shall be maintained in a healthy, vigorous condition and be kept free of refuse and debris for the life of the project to achieve the required visual effect of the buffer or screen. It shall be the ultimate responsibility of successive property owners to ensure that the required plants are properly maintained. Dead or diseased plants shall be removed or treated promptly by the property owner and replaced at the next growing season.

(b) All sight triangles shall remain clear, and any plants that could endanger safety, such as unstable limbs, shall be removed and the plants replaced if necessary. It shall be the responsibility of the property owner to maintain all plants and architectural elements to assure public safety.

(c) Maintenance guidelines for the plants are encouraged to be published by the planting plan designer and be used by grounds maintenance personnel to ensure that the design's buffering and screening concepts are continued.

[3] Editor's Note: See Ch. 215, Zoning.

(4) Landscape replacement; performance guarantee.

(a) Any tree or shrub that dies within 18 months of planting shall be replaced by the current landowner or developer. Any tree or shrub that within 18 months of planting or replanting is deemed, in the opinion of the Borough, not to have survived or not to have grown in a manner characteristic of its type shall be replaced. Substitutions for certain species of plants may be made only when approved by the Council.

(b) Landscaping shall be considered an improvement for the purposes of installation and the provision of a performance guarantee in accord with this chapter. In addition, the developer or landowner shall provide to the Borough a performance guarantee equal to the amount necessary to cover the cost of purchasing, planting, maintaining, and replacing all vegetative materials for a period of 18 months following the installation and approval of the landscaping.

H. List of acceptable plants. All plants used for landscaping and vegetative cover shall be selected from the list of acceptable plants established by resolution of the Council. The list is intended to offer a broad selection of plants suitable for the various required landscapes required by this chapter. Native plants shall be used to the greatest extent possible and are indicated for use in natural or naturalized settings. Plants not found on the list may be substituted, provided that the Council determines that the requirements of § 187-56G(2) are satisfied and the plants are suitable for the proposed purpose and location. However, in no case shall any plant classified as noxious or invasive by any commonwealth agency be planted.

I. Plan requirements. All areas of the site shall be included in the landscaping plan, and buffers, screening, and those areas immediately adjacent to buildings and walkways shall be given extra consideration. Landscape plans shall be submitted concurrently with all preliminary and final plans. Landscape plans shall be prepared by a landscape architect licensed and registered to practice by the Commonwealth of Pennsylvania or other person deemed qualified by the Borough. In addition to the information required by the other plan information provisions of this chapter, the following information shall be provided:

(1) The preliminary landscape plan shall show the following:

(a) Existing features. The location and character of existing buildings; mature trees standing alone; location and elevation of major specimen trees (12 inches or greater DBH) in any area of the site proposed for development; outer limits of tree masses and other existing vegetation; and the location of floodplains, wetlands, and other natural features that may affect the location of proposed streets, buildings, and landscape plantings.

(b) Proposed landscaping.

[1] Approximate location of all proposed landscaping required by this chapter.

[2] Demarcation of existing vegetation "to remain" or "to be removed" and the means of protecting existing vegetation during construction.

[3] Approximate location of proposed buildings, paving, utilities, or other improvements.

(2) The final landscape plan shall show the following:

(a) Location of all outside storage and trash receptacle areas.

(b) Sidewalks, berms, fences, walls, freestanding signs, and site lighting.

(c) All existing and proposed contours at an interval deemed adequate by the Borough to determine the relationship of planting and grading areas with slopes in excess of 3:1.

(d) Existing mature trees, woodland, and tree masses to remain.

(e) Existing mature trees, woodland, and tree masses to be removed.

(f) Location of all proposed landscaping, including required street trees, stormwater basin landscaping, parking lot landscaping, property line buffers, and site element screen landscaping.

(g) A planting schedule listing the scientific and common name, size, quantity, and root condition of all proposed plants.

(h) A schedule showing all landscape requirements and plants proposed for each category.

(i) Planting details, including method of protecting existing vegetation and landscape planting methods.

(j) Information in the form of notes or specifications concerning seeding, sodding, ground cover, mulching, and the like, etc.

(k) A detailed cost estimate shall be submitted, showing the value of all proposed landscaping, including all labor and materials.

(l) Information in the form of notes or specifications concerning seeding, sodding, ground cover, mulching, irrigation and the like, etc.

§ 187-57 Streetlighting.

Streetlights may be required when considered necessary by the Council and shall be of such design and spacing as required by the Council in accord with current Borough specifications.

§ 187-58 Traffic signs and signals.

[Amended 5-7-2012 by Ord. No. 4-2012[1]]

Traffic signs and traffic signals shall be required when considered necessary by the Council to ensure safe traffic or pedestrian circulation. All traffic signs and signals shall meet the most current requirements of PennDOT. In the case of traffic signals, the developer, any subsequent owner, or any subsequent property owners' association or similar entity shall be responsible for the long-term operation, maintenance, and replacement of the traffic signal and all associated facilities, signs and pavement markings.

A. Mount Pocono Borough's Supplemental Specification for Traffic Signalization:

(1) In an effort to standardize equipment and provide for future closed loop system compatibility, all traffic signal controllers will be a Model 980, NEMA TS-2 Type II, as manufactured by Naztec Inc., or approved equivalent.

(2) At the discretion of the Borough, a copy of StreetWise® closed loop software will be supplied.

(3) Video detection may be required in lieu of standard loop detection, at the Borough's discretion, on some if not all approaches. All stop bar vehicle detection will be provided by Traficon® video detection. This equipment shall utilize a camera with all processing capability to be performed by a separate interface card(s) located in the controller cabinet. All video setup and programming will be accomplished with a removable, handheld programmer. Any video detection system that requires a laptop computer will not be acceptable.

(4) Interconnect, if any is required on this project, will be fiber optic cable, 6 fiber 62.5/125 micron multimode, terminated in patch panels with ST connectors. In situations where attachment to utility poles is not available or where conduit and trenching is not feasible, interconnect can be accomplished with radio, provided a site survey has been performed and the testing substantiates reliability. The radio interconnect option shall be at the sole discretion of the Borough.

(5) All intersections will be equipped with a battery backup unit that will automatically switch to battery power unit when the incoming power is interrupted. The battery backup unit will be manufactured by TechPower Developments Inc. and shall be capable of operating for four hours on battery power. The controller cabinet must come with one-inch red LED to indicate when operating on battery backup unit. In addition, a generator cabinet must be provided and come with a heavy-duty cord. A sine wave Honda generator or Naztec Inc. compatible inverter shall be included.

(6) All intersections will be equipped with optical preemption for all approaches to the intersection. Detectors will be positioned to achieve the proper distance for activation and control of the intersection. Optical preemption equipment will be Opticom™ as manufactured by Global Traffic Technologies.

(7) All pedestrian crossings shall be equipped with Hand/Man countdown signals. The pedestrian push button stations shall be manufactured by Campbell Company. The stations must be APS for the visibility impaired and programmed to provide an audible message announcing the street name. The stations shall be machined or cast to incorporate both the nine-inch-by-15-inch sign and housing for the two-inch-diameter push button.

(8) Traffic signal supports will be mastarms. These will be capable of having an extension added to the shaft and a 15-foot luminaire mounting arm added at a future date along with an LED streetlight. This specification is met by the Valmont SMA42X Series of traffic signal mastarms.

(9) All vehicular and pedestrian signal head indications will contain Leotek LED modules. The LED module must have a homogenous look similar to an incandescent lamp. If a strobe is required for the red signal indications it shall be an LED module — no exceptions.

(10) Conduit runs will be sized for future use. All conduit street crossing will be three-inch conduit. Controllers should be located at the intersection of conduit runs and not at the end of conduit loop. Each controller foundation will have a minimum of two three-inch conduits entering it from an adjacent junction box. All volume density loops will terminate in junction boxes, and there will be at least one junction box on each corner.

(11) All intersections will be signed with street name signs of the size and designation as required by PennDOT. Long lane line pavement markings are to be paint. Gore transverse stripping is to be epoxy. All other pavement markings are to be cold inlaid plastic or hot-surface-applied thermoplastic.

[1] Editor's Note: This amendment was unintentionally excluded from the 2014 Subdivision and Land Development Ordinance; provisions were effectively restored to this chapter by Borough Council 5-5-2014.

§ 187-59 Wetlands.

A. Identification. If a proposed subdivision or land development includes any area that is suspected of being a wetland, then a professional wetland delineation shall be required. The Planning Commission or Borough Council may require that the applicant obtain a jurisdictional determination from the United States Army Corps of Engineers. Until such time as the Borough Council has approved the application, the wetland limits shall be visibly identified in the field.

B. State and federal regulations. Any approval under this chapter shall be conditioned upon compliance with federal and state wetland regulations. The Borough Council may refuse to approve a plan for recording or delay the issuance of permits until an applicant documents such compliance.

C. Zoning Ordinance. Wetland buffers shall be provided in accord with § 215-38B of the Borough's Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 215, Zoning.

§ 187-60 Multifamily dwellings.

In addition to the applicable requirements of this chapter, multifamily dwelling projects shall comply with all applicable requirements of the Borough's Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 215, Zoning.

§ 187-61 Recreation facility fees.

A. Purposes. The purpose of this section is to provide adequate active and passive recreational facilities to serve the occupants of new developments and to recognize and accomplish the goals and policies of the Borough's Comprehensive Plan, Recreation Plan, or Regional Recreation and Open Space Plan.

B. Applicability. This section shall apply to any subdivision or land development for which a preliminary plan or a combined preliminary/final plan is required.

C. Fees. The developer of any subdivision or land development governed by this § 187-61 shall pay a recreation fee in accord with the following:

(1) Fee amount. The fee amount shall be established by resolution of the Borough Council.

(a) Fees for dwelling lots and units shall be assessed on a per-lot and per-unit basis.

(b) Fees for nonresidential development shall be assessed on a per-square-foot-of-impervious-area basis. No fee shall be assessed for developments of less than 1,000 square feet of impervious area, nor for any development which does not require approval under this chapter.

(2) Accounting. Any fees collected under this section shall be deposited in an interest-bearing account, clearly identifying the specific recreation facilities for which the fee was received. Interest earned on such accounts shall become funds of that account. Funds from such accounts shall be expended only in properly allocable portions of the cost incurred to construct the specific recreation facilities for which the funds were collected.

(3) Use of fees. The fees shall be used for Borough or other public recreation facilities located in the Borough. In addition, the Council may commit fees to a recreation area open to the public in an adjacent municipality that would serve the inhabitants of the development that paid the fees. Such fees shall only be used for the acquisition of public open space and related debt payments, development of public recreational facilities, landscaping of public open space, and related engineering and design work.

(4) Time limit on use. Upon request of any person who paid any recreation fee, the Borough shall refund such fee, plus interest accumulated thereon from the date of payment, if the Borough has failed to use the fee for the purposes set forth in this § 187-61 within three years from the date such fee was paid.

(5) Timing of fees. Fees shall be paid prior to the approval of the final plan. The developer and the Council may mutually agree to provisions in a binding development agreement to enable the payment of all applicable recreation fees prior to the issuance of any building permit within each clearly defined phase of the development. In such a case, the time limitation established in Subsection C(4) above shall not begin until all such fees are paid for all development phases.

D. Facilities in place of fees. An applicant may submit a written request for a modification of the requirements of this § 187-61 by offering to construct recreation facilities open to the general public within the proposed subdivision or land development or on public parkland. Such modification shall only be approved if the developer clearly proves to the satisfaction of the Council that the facilities will serve a valid public purpose, will be designed following modern standards in a durable manner, and will have an equal or higher value than the fees that would otherwise be required. The Council shall determine whether facilities construction would be in the public interest or whether the payment of fees is required. The Council shall, at a minimum, consider the following in this decision:

(1) Whether the facilities in the proposed location would serve a valid public purpose.

(2) Whether the facilities are a desirable addition to an existing public park.

(3) Whether the proposed facilities meet the objectives and requirements of this § 187-61 and any relevant goals and policies of the Borough's Comprehensive Plan, Recreation Plan, or Regional Recreation and Open Space Plan.

(4) Whether the facilities, if proposed within the development, will be easily accessible to other Borough residents.

(5) Any recommendations from the Planning Commission, the Borough Engineer, the school district, or the County Parks and Recreation Board.

§ 187-62 Floodplain.

The Borough's Zoning Ordinance[1] creates the Floodplain Overlay District, which is coterminous with the areas which are subject to the one-hundred-year flood as identified in the most current Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency. In addition to all other applicable standards of this chapter, the floodplain regulations in the Borough's Floodplain Ordinance[2] shall apply in the Floodplain Overlay District. The identified floodplain area may be modified only in accord with the requirements of the Borough's Floodplain Ordinance and the Federal Emergency Management Agency.

[1] Editor's Note: See Ch. 215, Zoning.

[2] Editor's Note: See Ch. 100, Floodplain Management.

§ 187-62.1 Off-street parking and loading.

All subdivisions and land developments shall be provided with parking and loading areas adequate to meet the needs of the use in accord with this § 187-62.1. Following the establishment of any subdivision or land development, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of the Borough Zoning Ordinance,[1] and violations shall be subject to the zoning enforcement provisions.

A. Availability and use of facilities.

(1) Availability. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.

(2) Location of parking. Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in § 187-62.1K or L.

(3) Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number shown on the approved development plan.

(4) Nonparking use. Required off-street parking, loading, and unloading facilities and accessways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).

(5) Existing parking. Any parking spaces serving such preexisting structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.

(6) Garages and carports. Garages and carports not in the public right-of-way may be considered parking spaces.

B. Site plan; design.

(1) Site plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

(2) General. Parking spaces, loading and unloading areas, and accessways shall be laid out to result in safe and orderly use and to fully address all of the following: vehicular access onto and off the site, vehicular movement within the site, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic on or off the lot.

(3) Pedestrian access and circulation. The parking and access plan shall include details of pedestrian access to the site and pedestrian circulation within the site. The intent shall be to facilitate pedestrian access and provide safe and convenient circulation from parking areas to the structure or use.

(4) Design. Off-street parking areas, accessways, fire lanes, traffic flow signs, pavement markings, and other necessary facilities shall be designed and provided in accord with the most current Institute of Transportation Engineers Traffic Engineering Handbook, or other generally accepted methodology approved by the Borough. The applicant shall provide copies of the methodology used for the design. Notwithstanding the above, all parking spaces and the overall design shall be ample in size for the vehicles for which use is intended, and stalls shall be a minimum of 10 feet by 20 feet with aisles of not less than 24 feet, unless designed as required above.

C. Illumination. All driveways, aisles, maneuvering spaces, vehicular service areas, and spaces between or around buildings designed for use by more than four cars after dusk, other than those accessory to a single dwelling, shall be illuminated according to § 187-62.2.

D. Public rights-of-way. Parking, loading and unloading of vehicles shall not be permitted on public rights-of-way, except in designated areas and in accord with municipal parking regulations. No parking area shall be designed which requires or encourages parked vehicles to be backed into a public street.

E. Parking between principal structure and road. No parking shall be permitted anywhere between the public road right-of-way and the principal structure for any new nonresidential principal structures in a C-1 Zoning District. This requirement shall not apply to additions or expansions of existing businesses or the conversion of one business use to another business use.

F. Number of spaces to be provided. The number of parking spaces required by this § 187-62.1F shall be considered the minimum and maximum requirements unless modified in accord with this § 187-62.1F.

(1) Parking required for nonresidential uses.

(a) Parking generation manual.

[1] Parking demand table. Off-street parking spaces shall be provided and maintained in accord with the Parking Demand Table included as 187 Attachment 3 to this chapter. The Parking Demand Table may be updated by resolution of the Borough Council to include more current data.

[2] The parking provided for the proposed use shall be based on the most similar use and unit of calculation listed in the Parking Demand Table as determined by the Borough Council.

(b) Land uses with 85th percentile data listed in the Parking Demand Table.[2]

[1] Constructed. The number of paved parking spaces constructed shall conform to the "average peak period demand" as noted in the Parking Demand Table.

[2] Reserved. Space shall be reserved to allow for expansion to the 85th percentile, as listed in the Parking Demand Table, unless a reduction is approved in accord with § 187-62.1F(4).

[2] Editor's Note: The Parking Demand Table is an attachment to this chapter.

(c) Land uses without 85th percentile data listed in the Parking Demand Table.[3]

[1] Constructed. The number of paved parking spaces constructed shall be the average peak period demand or 85% of peak, whichever is reported in the Parking Demand Table.

[2] Reserved. Space shall be reserved to allow for expansion to 115% of the number of spaces required by § 187-62.1F(1)(c)[1], unless a reduction is approved in accord with § 187-62.1F(4).

[3] Editor's Note: The Parking Demand Table is an attachment to this chapter.

(d) Parking in a C-1 District. Off-street parking shall not be required of any nonresidential use in a C-1 Zoning District.

(2) Parking required for residential uses. Two off-street parking spaces shall be provided and maintained for each residential dwelling unit except as follows:

(a) Single-family dwellings: three per dwelling unit.

(b) Two-family dwellings and multifamily dwellings: two per dwelling unit.

(c) Assisted living facilities: 0.5 per dwelling unit.

(3) (Reserved)

(4) Applicant proposed reduction/increase. The required number of parking spaces may be reduced or increased, subject to approval by the Borough Council. The applicant shall provide evidence justifying the proposed reduction or increase of spaces, such as studies of similar developments during peak hours. The applicant shall also provide relevant data, such as number of employees and peak expected number of customers/visitors. Any approval to permit such decrease or increase shall be subject to the following:

(a) Ordinance and plan consistency. The project design and parking space decrease shall be consistent with the purposes contained in this chapter and the goals and objectives of the Borough Comprehensive Plan.

(b) Quality of design. The applicant shall demonstrate to the Borough Council that the proposed decrease will result in an adequate number of parking spaces or the increase will not produce an excess number of spaces for the use based on a specific study of the parking demands for the proposed use or empirical data reported by a generally accepted source such as the Institute of Transportation Engineers, the Urban Land Institute, the American Planning Association, or similar entity.

(c) Local conditions. In making its determination, the Borough Council shall also consider, among others, the demographics and character of the neighborhood, demographics of targeted customers and employees, availability of mass transit, existing on-street parking conditions, and any employer-instituted transportation demand management programs.

(d) Burden; conditions. If the Borough Council, in its sole discretion, determines that the applicant has met the burden of proof, it may grant a modification for the decrease or increase. The Borough Council may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter, including, but not limited to, reserving parking.

(e) Form of reservation. Each parking reservation shall be in a form acceptable to the Borough Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and, if the Borough determines it is necessary, to provide the additional parking in the time and manner as stipulated in the reservation document. Proof of recording of the agreement shall also be provided to the Borough before the release of any approved final plan.

(f) Reserved parking disturbance and stormwater. The reserve parking areas shall remain undisturbed or shall be landscaped but shall be included in the calculations of lot coverage area and for stormwater management and for the requirement of a NPDES permit. The stormwater facilities shall be constructed in accord with the approved sequencing design as parking areas are constructed.

(g) Multiple uses. (See also § 187-62.1L.) For projects involving more than one use and/or structure, the total number of parking spaces required shall be determined by summing the number of spaces for each individual use.

(h) Handicapped parking. Parking for the handicapped shall be provided in accord with the Americans With Disabilities Act and shall count as part of the spaces required for the use by this § 187-62.1.

G. Loading and unloading areas.

(1) Type and size. In addition to the required off-street parking spaces, all uses shall provide adequate off-street areas for loading and unloading of vehicles where necessary. The applicant shall provide details on the type and frequency of vehicles operating in connection with the proposed use to justify any necessary loading and unloading areas. Each required space shall meet the following dimensions:

Largest Type of Truck Service	Minimum Width (feet)	Minimum Length (feet)
Tractor trailer	14	74 with 14 feet of clear height
Trucks other than tractor trailers, pickups or vans	12	30
Pickup truck or van	10	20

(2) Interior travel ways. The applicant shall demonstrate that travel ways within the property are adequate to safely and efficiently serve vehicles which are reasonably expected to visit the property. Turning radius templates developed by the American Association of State Highway Transportation Officials (AASHTO) shall serve as the design standard.

H. Access to off-street parking and loading areas. There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:

(1) Width. Unless otherwise required by Penn DOT for access to a state road, the width of the driveway/accessway onto a public street at the right-of-way shall be as follows:

Width*	1-Way Use (feet)	2-Way Use (feet)
Minimum	12	24
Maximum	20	50

*	Exclusive of the turning radius

(2) Controlled access. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping or vegetative screening so as to prevent access to the area from other than the defined entrance and exit.

(3) Highway occupancy permit. All new uses shall be required to obtain a highway occupancy permit from the Borough or PA DOT, as the case may be. In the case of a change in use or the expansion of an existing use, the Borough shall require the applicant to obtain a highway occupancy permit or a revised highway occupancy permit. Where a use accesses the public right-of-way via a private road, the highway occupancy permit requirement and criteria shall be applied at the public right-of-way intersection.

(4) Curbing. Access drives and landscaping shall be defined with concrete curbing or such alternate material as may be approved by the Borough.

I. Parking and loading area setbacks and buffers. All parking and loading areas and parallel circulation and service lanes serving any nonresidential or multifamily use shall be separated from any public street or adjoining property lines by a buffer in accord with the requirements of § 187-56F.

J. Grading and drainage; paving.

(1) Parking and loading facilities, including driveways, shall be graded and adequately drained to prevent erosion or excessive water flow across streets or adjoining properties.

(2) All portions of required parking, loading facilities and accessways, except for landscaped areas, shall be surfaced with a durable, hard, all-weather surface consisting of a minimum of 2 1/2 inches of ID-2 bituminous pavement on a base course consisting of eight inches of crushed aggregate or, as deemed to be equivalent by the Zoning Officer, of concrete, paving block or porous pavement or pavers on a suitable base.

(3) The Borough Council may, as a modification, allow parking areas with low or seasonal usage to be maintained in stone, grass or other suitable surfaces. For example, the Borough Council may allow parking spaces to be grass, while major aisles are covered by stone.

K. Off-lot parking. Required parking may be provided on a different lot than on the lot on which the principal use is located, provided the parking is not more than 400 feet from the principal use lot. Off-lot parking areas shall be permitted only in a district where the principal use is permitted. Both parcels shall be under the same control, either by deed or long-term lease, as the property occupied by such principal use, and the owner shall be bound by covenants of record filed in the office of the County Recorder of Deeds requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.

L. Joint-use parking. In the case of multiple uses on the same premises or where more than one principal use shares a common property line, shared parking facilities may be approved by the Borough Council.

(1) Documentation. The applicant shall provide information to establish that the shared spaces will be used at different times of the day, week, month, and/or year.

(2) Reduction. Parking provided may be credited to both uses based on the extent that the uses operate at different times. However, the required parking shall not be reduced by more than 50% of the combined parking required for each use. (Example: If a church parking lot is generally occupied only to 10% of capacity on days other than a Sunday, another development not operating on a Sunday could make use of the unused church lot spaces on weekdays.)

(3) Agreement. Joint-use parking shall be secured in a form acceptable to the Borough Solicitor that legally binds current and future owners of the land to maintain the parking. An attested copy of the agreement between the owners of record shall be provided to the Borough. Proof of recording of the agreement shall also be provided to the Borough before the release of any approved final plan.

(4) Common property line. The joint-use parking area may span a common property line thereby eliminating the setback required in § 187-62.1I.

M. Shopping carts. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of the said carts. Storage areas shall be clearly marked and designed for the storage of shopping carts and/or mobile baskets.

N. Snow removal. All plans for proposed parking areas of 50 or more spaces shall include details for adequate snow removal.

O. Landscaping. All nonresidential and multifamily improved off-street parking areas not entirely contained in a garage or building shall comply with the landscaping requirements of § 187-56.

[1] Editor's Note: See Ch. 215, Zoning.

§ 187-62.2 Lighting.

All subdivisions and land developments shall be provided with lighting adequate to meet the needs of the use in accord with this § 187-62.2. Following the establishment of any subdivision or land development, the ongoing operation and maintenance of the lighting facilities shall comply with the requirements of Chapter 215, Zoning, and violations shall be subject to zoning enforcement provisions.

A. Purpose. This subsection sets minimum standards for outdoor lighting to:

(1) Provide lighting in outdoor public places where public health, safety and welfare are potential concerns.

(2) Protect drivers and pedestrians from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse.

(3) Protect the privacy of property owners by limiting the potential for glare and light trespass from poorly aimed, placed, applied, maintained or shielded outdoor lighting installations located on adjacent properties and roadways.

(4) Set forth outdoor lighting requirements which are consistent with lighting industry standards and practices, available technologies, and the lighting sciences.

B. Application.

(1) Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse, including, but not limited to, multifamily dwellings and commercial, industrial, public recreational, and institutional uses.

(2) All driveways, aisles, maneuvering spaces, vehicular service areas, and spaces between or around buildings, designed for use by more than four cars after dusk, other than those accessories to a single dwelling, shall be illuminated between sunset and sunrise in accord with the recommendations of the Society of Illuminating Engineers at no cost to the Borough.

(3) The Council shall require lighting to be incorporated for other uses or locations, as it deems necessary.

(4) The glare control requirements in this section apply to lighting in all of the above-mentioned uses as well as sign, architectural, landscaping, and residential lighting. Lighting shall be controlled in both height and intensity to maintain community character; and lighting designs shall be an inherent part of the project design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site, and all required lighting shall be considered improvements for the purpose of regulation by this chapter.

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

CANDELA

Unit of luminous intensity, describing the intensity of a light source in a specific direction.

CANDELA DISTRIBUTION

A curve, often on polar coordinates, illustrating the variation of luminous intensity of a lamp or luminaire in a plane through the light center.

CANDLEPOWER

Luminous intensity expressed in candelas. A measure of luminous intensity of a light source in a specific direction, measured in candelas.

CUTOFF

A light distribution where a negligible amount of light is permitted at a horizontal plane located at the bottom of a luminaire. Light above the horizontal plane at the bottom of a luminaire is not limited, but cutoff luminaires usually have very little light above the luminaire.

CUTOFF ANGLE OF A LUMINAIRE

The angle, measured up from the nadir (i.e., straight down), between the vertical axis and the first line of sight at which the bare source (the bulb or lamp) is not visible.

FLOODLIGHT

A fixture designed to "flood" a well-defined area with light.

FOOTCANDLE

A unit of illuminance. The English measurement unit of illuminance (or light level) on a surface. One lumen is equal to one footcandle per square foot. A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter, aka "footcandle or light meter." One footcandle is equal to 10.76 lux, and one lux is equal to 0.093 footcandle.

FULL CUTOFF

A light distribution where no light is permitted at or above a horizontal plane located at the bottom of a luminaire. There will be little or no light at the angles that are usually associated with glare.

FULLY SHIELDED LIGHT FIXTURE

A light fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizon.

GLARE

Light that hinders or bothers the human eye. The sensation produced by luminances within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance or visibility. The degree of glare is described as follows:

(1) BLINDING GLARE Glare that is so intense that, for an appreciable length of time after it has been removed, no object can be seen.

(2) DIRECT GLARE Glare resulting from high luminances or insufficiently shielded light sources in the field of view.

(3) DISABILITY GLARE The effects of stray light in the eye whereby visibility and visual performance is significant enough to keep a person from seeing adequately.

(4) DISCOMFORT GLARE Glare that produces discomfort. It does not necessarily interfere with visual performance or visibility.

(5) REFLECTED GLARE Glare resulting from reflections of high luminances in polished or glossy surfaces in the field of view.

ILLUMINANCE

The quantity of light measured in footcandles or lux. A term that quantifies light striking a surface or a plane point. It is expressed either in lumens per square foot (footcandles/the English unit) or lumens per square meter (lux/the metric unit). The areal density of the luminous flux incident at a point on a surface. One footcandle is equal to 10.76 lux, and one lux is equal to 0.093 footcandle.

ILLUMINATION

An alternative term for "illuminance." Commonly used in a qualitative or general sense to designate the act of illuminating or the state of being illuminated.

LAMP

A generic term for a man-made source of light.

LIGHT

Radiant energy that is capable of exciting the retina and producing a visual sensation. The visible portion of the electromagnetic spectrum extends from about 380 to 770 nanometers.

LIGHT TRESPASS

Light emitted by a lighting installation which extends beyond the boundaries of the property on which the installation is sited; spill light; obtrusive light; undesirable illumination, including the following examples:

(1) The classic light shining in a window.

(2) Unwanted light on an adjacent property.

(3) Excessive brightness in the normal field of vision (discomfort glare).

LUMEN

Units of measurement of luminous flux representing the quantity of light being produced by a lamp or emitted from a luminaire.

LUMINAIRE

A complete lighting unit consisting of one or more lamps (light sources) together with the parts designed to control the light distribution and other mechanical and electrical components.

LUMINANCE

A term that quantifies directional brightness of a light source (e.g., a lamp, luminaire, reflecting material) or of a surface that is illuminated and reflects light. The emitted or reflected light from a surface; relates directly to perceived "brightness." The unit of luminance is the candela per square meter (cd/M2). Measurable with a luminance meter.

LUX

A unit of light intensity stated in lumens per square meter. There are approximately 10.76 lux per footcandle.

NADIR

The point directly below the luminaire when the luminaire is pointed down (0° angle).

NIGHTTIME

The hours between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the center of the sun's disk is 6° below the horizon and begins in the morning when the center of the sun's disk is 6° below the horizon.

NON-CUTOFF

A light distribution that can produce considerable light above the horizontal plane located at the bottom of a luminaire.

SEMI CUTOFF

A light distribution where slightly more light is permitted at a horizontal plane located at the bottom of a luminaire than the cutoff distribution. Like cutoff, light above the horizontal plane at the bottom of a luminaire is not limited, but the amount of light above the luminaire is relatively small.

SPOTLIGHT

A fixture designed to light only a small, well-defined area.

D. Criteria.

(1) Illumination levels for nonresidential uses. Illumination of nonresidential uses, where required by this chapter, shall have intensities and uniformity ratios in accordance with the most current recommended practices of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook.

(2) Average lighting levels should not exceed the following values:

Maximum Average Light Levels
Land Use	Footcandles
Pedestrian areas/sidewalks	1.0
Building entries	5.0
Streetlighting	1.0
Parking areas with high nighttime activity	4.0
Parking areas with low nighttime activity	2.0
Playgrounds	5.0
Sports grounds	20.0
Site perimeter	0.5
Local road (residential)	0.4
Collector road (commercial)	1.0
Source: North Carolina Dark Skies Association and Chittenden County Regional Planning Commission.

(3) Outdoor light standards for all uses.

(a) Any lamp over 2,000 initial lumens, installed, shall be fully shielded such that the lamp itself is not directly visible from any other property.

(b) The use of more than one luminaire or lamp of 2,000 initial lumens for the purpose of illuminating the same area shall not be permitted.

(c) Examples of lamp types of 2,000 lumens and below are: 100-watt standard incandescent; 15-watt cool-white fluorescent; 15-watt compact fluorescent; and 18-watt low-pressure sodium.

(4) Future amendments to the recommended practices of the IESNA shall become a part of this section without further action of the Borough.

E. Lighting fixture design.

(1) Fixtures shall be of a type and design appropriate to the lighting application.

(2) For lighting horizontal tasks, such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA full-cutoff criteria.

(3) Fixtures shall be equipped with or be modified to incorporate light-directing and/or -shielding devices such as shields, visors, skirts or hoods to redirect offending light distribution and/or reduce direct or reflected glare.

(4) The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures shall meet IESNA full-cutoff criteria.

F. Control of nuisance and disabling glare.

(1) All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

(2) All outdoor lighting fixtures shall be fully shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light-emitting element, so that direct light emitted above the horizontal plane is eliminated.

(3) Floodlights and spotlights shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent properties, skyward or onto a public roadway. Floodlights or spotlights must be aimed no higher than 45° above straight down (i.e., halfway between straight down and straight to the side). The use of searchlights or laser-source lights for advertising or entertainment purposes is prohibited.

(4) During periods of nonuse of a nonresidential facility, the illumination of the property shall be reduced so that the lighting intensity levels shall not exceed 25% of the levels normally permitted by this section for the use, but in no case shall they be less than the minimum levels for safety or security as invoked by IESNA. Reductions should not be applied to facilities subject to intermittent night use, such as hospitals and transportation terminals.

(5) All illumination for advertising signs, buildings and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business and until one hour after closing.

(6) Unless otherwise permitted by Borough Council, such as for safety and security, lighting shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photocells to permit extinguishing offending light sources between 11:00 p.m. and dawn, to mitigate nuisance glare and sky lighting consequences.

(7) Illumination for flagpole lighting may not exceed 10,000 lumens.

(8) Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

(9) Externally illuminated signs and billboards shall use only fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11:00 p.m. and dawn, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business and until one hour after closing, except as specifically approved by appropriate officers or agents of the Borough.

(10) Directional fixtures for such applications as facade, fountain feature and landscape illumination shall be aimed downward so as not to project their output beyond the objects intended to be illuminated. Additionally, they shall be extinguished between the hours of 11:00 p.m. and dawn, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business and until one hour after closing, except as specifically approved by appropriate officers or agents of the Borough.

(11) The use of white strobe lighting, flashing, flickering or pulsating lights is prohibited, except as may be required by the Federal Aviation Administration or other governmental agency.

(12) Fixtures shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA cutoff criteria shall not be mounted in excess of 16 feet above finished grade.

(13) The intensity of illumination projected off the property shall not exceed 0.1 vertical footcandle, measured at 30 inches above the ground at the property line.

(14) All lighting shall be arranged so to prevent glare into adjoining properties and streets.

G. Post installation inspection. The Borough reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this section and if, appropriate, to require remedial action at no expense to the Borough.

H. Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance. Unless minor corrective action is deemed by the Borough to be an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this chapter as part of any application for approval under this chapter.

I. Recreation uses. The nighttime illumination of outdoor recreational facilities for such aerial sports as outdoor riding arenas, baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally allowed fixture mounting heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Borough is satisfied that the health, safety and welfare rights of nearby property owners and the Borough as a whole have been properly protected. When recreational uses are specifically permitted by the Borough for operation during hours of darkness, the following requirements shall apply:

(1) Lighting shall be accomplished through the use of fixtures conforming to IESNA full-cutoff criteria.

(2) Racetracks and such recreational venues as golf driving ranges, trap-shooting facilities and outdoor riding arenas that necessitate the horizontal or near horizontal projection of illumination shall not be permitted to be artificially illuminated.

(3) Recreational facilities for basketball, baseball, football, soccer, miniature golf, tennis or track shall not be illuminated if located within a residential district or sited on a nonresidential property located within 1,000 feet of a property containing a residential use.

(4) Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 11:00 p.m., regardless of such occurrences as extra innings or overtimes.

(5) Maximum mounting heights for recreational lighting shall be in accordance with the following:

(a) Basketball: 20 feet.

(b) Football: 70 feet.

(c) Soccer: 70 feet.

(d) Little League baseball:

[1] Two-hundred-foot radius: 60 feet.

[2] Three-hundred-foot radius: 70 feet.

(e) Miniature golf: 20 feet.

(f) Pool aprons: 20 feet.

(g) Tennis: 20 feet.

(h) Track: 20 feet.

(6) To assist in determining whether lighting will be permitted, applications for illuminating recreational facilities shall be accompanied not only with the information required in this section below, but also by a visual impact plan that contains the following:

(a) Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.

(b) Elevations containing pole and fixture mounting heights, horizontal and vertical aiming angles and fixture arrays for each pole locations.

(c) Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five-foot line-of-sight.

(d) Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this § 187-62.2.

(e) Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.

(f) A narrative describing the measures proposed to achieve minimum off-site disturbance.