A. 
The following land development principles, standards and requirements will be applied by the City in evaluating plans for proposed land developments.
B. 
The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of the public health, safety and general welfare.
C. 
Where literal compliance with the standards herein specified is clearly impractical, the Commission may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of these regulations.
All land development plans must reflect a location which has given consideration to the following factors:
A. 
The location of the land development must conform to the City Comprehensive Plan with respect to streets, public sites and proposed utilities.
B. 
The proposed use of land in any land development must conform to Chapter 575, Zoning.
C. 
Land subject to hazards of life, health or property as may arise from fire, flood, disease, excessive noise or falling aircraft or which are considered uninhabitable for other reasons may not be developed unless the hazards have been removed or the plans show adequate safeguards against them.
D. 
A land development must be coordinated with existing land development in the neighborhood so that the entire area may be developed harmoniously.
In the layout of any land development, attention must be focused on conditions which can affect development. These can include the following:
A. 
In all land developments, developers shall preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks on the basis of City determination. A grading plan may be required where woods and scattered trees occur. The grading plan must show:
(1) 
Accurate location of individual significant trees.
(2) 
Accurate existing and proposed ground elevations in relation to these trees. Tree guards during construction and grading and limitation of cuts and fills, both temporary and permanent, near the trees may be required as necessary to give reasonable assurance of their continued healthy growth.[1]
[1]
Editor's Note: See also Ch. 504, Trees.
B. 
Land subject to flooding or other hazards.
(1) 
Land subject to flooding or other hazards to life, health or property and land deemed to be topographically unsuitable shall not be platted for residential occupancy or for such other uses as may increase danger to health, life or property or aggravate erosion or flood hazard until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the land development plans. Such land within the development shall be set aside on the plan for uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.
(2) 
Where flooding is known to have occurred within the area shown on the plan, such area shall be clearly marked "subject to periodic flooding" and shall not be platted in streets and lots.
(3) 
No building may be erected in any designated floodplain area as specified by engineering data regarding the one-hundred-year flood or the alluvial and flood-prone soils as specified by the United States Department of Agriculture Natural Resources Conservation Service.
All lots within a development shall conform to the following requirements:
A. 
All lots shall front on a public dedicated street.
B. 
Side lines of lots shall be approximately at right angles to straight streets and on radial lines on curved streets.
C. 
Double-frontage lots shall be prohibited except where, in the judgment of the Commission, they are necessary to separate residences from major traffic arteries or railroads or to overcome specific disadvantages of topography in hillside areas. Where double-frontage lots back on a major traffic artery, a planting strip for a screen, at least 20 feet in width, shall be provided along the back of the lot. The Commission may also require a twenty-foot planting screen for a double-frontage lot which backs on a railroad or other disadvantageous use.
D. 
Corner lots shall provide for equal setbacks on both streets.
E. 
The depth and width of parcels laid out or reserved for nonresidential use shall be adequate for the use proposed and sufficient to provide satisfactory space for off-street parking and unloading.
The applicant shall provide the highest type of sanitary sewage disposal facility. The following types of sanitary sewage disposal facilities are listed in order of desirability:
A. 
Publicly owned sanitary sewage system, where plans are approved by the Greater Hazleton Joint Sewer Authority guaranteeing disposal capacity for the land developments.
B. 
Privately owned sanitary sewage system used by two or more units of occupancy with treatment other than subsurface absorption or holding as approved by the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See also Ch. 381, Sewers.
The land development shall be served by a public or private water supply. Acceptable sources of water supply shall be:
A. 
The Hazleton City Authority, per approval of plan based on available capacity.
B. 
A private water company approved by the Pennsylvania Department of Environmental Protection.
In developments of five or more lots, electric, telephone and all other utility facilities shall be installed underground. The developer shall be required, prior to final plan approval, to obtain a letter from the appropriate utility company confirming that the developer has entered into an agreement to provide for an underground electric and telephone system in accordance with the Pennsylvania Public Utility Commission Investigating Docket No. 99, as amended, or has obtained a waiver from said Pennsylvania Public Utility Commission to allow overhead electric and telephone facilities.
All natural gas lines must be installed in compliance with the USAS Code B31.8, 1968, as amended. The minimum distance from a natural gas line to a dwelling unit must be required by the applicable transmission or distributing company.
Between a proposed dwelling unit and the center line of a petroleum products transmission line which may traverse the development, there must be a minimum distance of 100 feet measured in the shortest distance. In instances such that topographic conditions decrease the hazards involved or in which it would cause undue hardship in the efficient layout of the development, the Commission may reduce this requirement.
Insofar as practicable all utilities, with the exception of on-site laterals, shall be located in public rights-of-way. Where this is not possible, utility easements shall be so located as to be centered on or adjacent to rear or side lot lines to the fullest extent possible. Such easements shall have minimum widths of 12 feet, or 10 feet plus the width of the required pipe or other improvement, whichever is greater. In general, the required pipe or other improvement shall be located in the center of the easement. Prior to determining the location of easements, the Commission shall require the subdivider to coordinate his plans with those of the local public utilities in order to assure the proper location of easements for the installation of the required services.
Where a subdivision is traversed by a watercourse, a drainage easement or right-of-way shall be provided. The latter shall conform substantially with the line of such watercourse and shall be of adequate width as determined by the City Engineer to preserve natural drainage.
A. 
Street layout.
(1) 
Alleys shall not be permitted in any districts.
(2) 
The street layout shall conform to the circulation plan adopted by the Commission. Where streets in subdivisions are not shown on the circulation plan, they shall conform to the plan approved by the Commission and shall generally provide for the continuation or appropriate projection of existing principal streets in surrounding areas. The grade, location and character of all streets shall also be approved by the City Engineer.
(3) 
The design of all streets shall be considered in relation to existing and planned streets; the topography of the site; public safety and convenience; adequate traffic circulation within and near the subdivision and the proposed uses of land in the areas served by such streets.
(4) 
Proposed streets shall be planned with regard to the existing street system, public convenience in terms of fire protection and pedestrian traffic, probable volumes of traffic, existing and proposed use of land on abutting properties and future development extensions of the street system.
(5) 
Proposed streets which are aligned with existing streets shall bear the name of the existing street. In the event that a proposed street is not aligned with an existing street, it shall not bear a name similar to any existing street located within the City and/or the same postal service area, irrespective of the suffix street, avenue, boulevard, drive, place, court, etc.
(6) 
Where a subdivision abuts or contains a railroad or an existing or proposed major traffic street, the Commission may require marginal access streets, properly buffered by a planting strip from said railroad or highway, or parallel streets or a series of culs-de-sac or short loops, reverse-frontage lots or such other treatment as will provide protection to abutting properties and will result in the reduction of the number of intersections and the separation of local and through traffic.
B. 
Street intersections.
(1) 
The center lines of streets shall intersect as nearly as possible to right angles. In no event shall the intersection of any two streets be at an angle less than 60º except for reasons of topography, as determined by the Commission.
(2) 
At intersections of streets, the property line corners shall be rounded by arcs with radii equal to 30% of the right-of-way width or by chords of such arcs, but shall in no event be less than 15 feet; excepting that culs-de-sac shall be provided with radii of not less than 20 feet. Where intersecting streets vary in right-of-way widths, the greater radii shall be used.
(3) 
If the smaller angle of intersections of two streets is required to be less than 60º by reason of the topography, the radius of arc as determined above shall be increased by 25%.
(4) 
Street curbs and edges of pavements at street intersections shall be rounded off concentrically with the adjoining property lines.
(5) 
Intersections of more than two streets at any one point shall be avoided. Where this proves to be impractical in the opinion of the Commission, such intersections shall be designed with extreme care for both pedestrian and vehicular safety.
(6) 
Street jogs with center line offsets of less than 125 feet shall be prohibited.
C. 
Distance between intersections shall be in accordance with the following:
Type of Intersection
Arterial With Arterial
Arterial With Collector & Local
Collector With Collector
Collector With Local
Minimum distance between center lines of intersections (feet)
800
800
600
500
Minimum separation of center lines for streets not in alignment (feet)
Must be in alignment with planned or proposed street entering from opposite side
200
D. 
Reverse curves and tangents.
(1) 
Between reversed curves on a tangent of not less than 200 feet and on collector and minor streets such tangents shall be not less than 100 feet.
(2) 
Reversed and horizontal curves in hillside areas shall not be governed by the above requirements but shall be determined in each instance by the Commission.
E. 
Horizontal visibility.
(1) 
Streets shall be so designed as to permit unobstructed sight distances along the center lines thereof, measured from a point five feet above the proposed grade, as follows:
(a) 
Limited-access highways: 900 feet.
(b) 
Other major traffic streets: 600 feet.
(c) 
Collector streets: 300 feet.
(d) 
Minor streets: 150 feet.
(2) 
Proper sight lines must be maintained at all street intersections. Clear-sight triangles of 100 feet for all collectors, local roads and culs-de-sac and 200 feet for all arterial streets (may be reduced to 150 feet at the discretion of the City Engineer), measured along street center lines from their points of junction, shall be provided at all intersections, and no building, structure, grade or planting higher than three feet above the center line of the street shall be permitted within such sight triangles.
F. 
Half, partial, dead-end and cul-de-sac streets.
(1) 
Half, partial and dead-end streets shall be prohibited except where:
(a) 
In the opinion of the Commission they are essential to reasonable development conforming to the other requirements of this chapter.
(b) 
The Commission finds it practicable to require dedication of the other half, when adjoining property is plotted.
(c) 
Designed as culs-de-sac.
(2) 
Whenever a half or partial street adjoins property proposed to be subdivided, the completion of such street shall be required as part of the plot.
(3) 
Cul-de-sac streets, permanently designed as such, shall not exceed 600 feet in length and shall furnish access to not more than 24 dwelling units.
(4) 
Cul-de-sac streets shall terminate in a turnaround which shall be generally circular and shall have a minimum diameter of 100 feet overall and 80 feet to the outer pavement edge or curbline.
G. 
Street grades.
(1) 
Street center line grades shall not exceed the following:
Type of Street
Minimum Grade
Maximum Grade
Major arterial
1.0%
6.0%
Minor arterial
1.0%
6.0%
Collector
1.0%
6.0%
Local
1.0%
10.0%
(2) 
Grade up to 14% may be permitted for a distance of less than 500 feet on a through minor street where access to the street is possible over streets with grades of 10% or less.
(3) 
Leveling area. Where the grade of any street at the approach to an intersection exceeds 7%, a leveling area shall be provided having not greater than 4% grades for a distance of 25 feet measured from the nearest right-of-way line of the intersecting street.
H. 
Street right-of-way widths. Minimum standards for street right-of-way widths shall be as follows:
(1) 
Central Commercial District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
Major arterials: 80 feet.
(b) 
Minor arterials: 80 feet.
(c) 
Collectors: 70 feet.
(d) 
Local roads: 60 feet.
(2) 
Hillside areas. The following right-of-way standards for hillside areas are set forth herein merely to guide the Commission and are not intended to be fixed minimums. The basis for the requirements shall be the actual topography of the land, the location of the hillside areas and streets with respect to the adjoining loads and streets and the density of development, particularly in terms of the proposed number of dwellings to be served by the street.
(a) 
Minor arterials: 60 feet.
(b) 
Collectors: 50 feet.
(c) 
Local roads: 40 feet.
(3) 
All other areas.
(a) 
Minor arterials: 70 feet.
(b) 
Collectors: 60 feet.
(c) 
Local roads: 50 feet.
(4) 
Where a street perpendicular (or nearly so) to Broad Street passes through or abuts both the Central Commercial District and any other area, the minimum right-of-way standards set for the Central Commercial District shall prevail for a minimum distance of 800 feet measured perpendicularly from the zone district lines of the Central Commercial District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I. 
Street cartway widths. Minimum standards for street cartway widths shall be as follows:
(1) 
Central Commercial District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a) 
Major arterials: 48 feet.
(b) 
Minor arterials: 48 feet.
(c) 
Collector streets: 40 feet.
(d) 
Local roads: 34 feet.
(2) 
Hillside areas. The following cartway standards for hillside areas are set forth herein merely to guide the Commission and are not intended to be fixed minimums. The basis for the requirements shall be the same as those used in determining hillside street rights-of-way as per Subsection H(2) herein:
(a) 
Minor arterials: 34 feet.
(b) 
Collectors: 26 feet.
(c) 
Local roads: 25 feet.
(3) 
All other areas.
(a) 
Major arterials: 40 feet.
(b) 
Minor arterials: 40 feet.
(c) 
Collectors: 34 feet.
(d) 
Local roads: 34 feet.
(4) 
Where a street perpendicular (or nearly so) to Broad Street passes through or abuts both the Central Commercial District and any other area, the minimum cartway standards for the Central Commercial District shall prevail for a minimum distance of 800 feet measured perpendicularly from the zone district lines of the Central Commercial District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5) 
Median strips. Median strips shall be placed in streets only where, in the opinion of the Commission, they are necessary for safety or traffic control. The width of same shall be in addition to the required cartway widths as hereinabove set forth.
Names of new streets and other rights-of-way in a subdivision plot shall be subject to the approval of the City Council at the time of acceptance and dedication.
A. 
Length, width and shape of blocks shall be determined with due regard to the following:
(1) 
Provision of building sites adequately suited to the specific needs of the uses contemplated.
(2) 
Zoning requirements.
(3) 
Topography.
(4) 
Requirements for convenient access, circulation and safety of pedestrian and vehicular traffic.
B. 
Block lengths shall generally not exceed 1,200 feet and, so far as practical, a minimum length of 500 feet.
C. 
Wherever practicable, residential blocks shall be of sufficient depth to accommodate two tiers of building lots, except where reverse-frontage lots bordering a major traffic street are used.
D. 
Interior pedestrian walks may be required where necessary to improve circulation and to provide access to community facilities. Such walkways shall have a right-of-way width of not less than 10 feet and a paved width of not less than six feet.
E. 
In commercial and industrial areas, the block layout shall be designed with reference to service of the public and with provisions for adequate off-street parking and loading facilities.
A. 
General requirements shall be as follows:
(1) 
Adequate storm sewers, culverts and related facilities must be provided, as necessary, to:
(a) 
Permit the unimpeded flow of natural watercourses.
(b) 
Ensure the drainage of all low points along the line of streets.
(c) 
Intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained.
(d) 
Provide adequate drainage away from on-site sewage disposal facilities.
(2) 
Drainage for City streets shall be designed in accordance with the PennDOT, Design Manual Part 2, Chapter 12, Drainage Design, and approved by the City.
(3) 
Storm drainage facilities must be designed not only to handle the anticipated peak discharge from the property being developed, but also the anticipated increase in runoff that will occur when all the property at a higher elevation in the same drainage basin is fully developed.
B. 
Lots shall be arranged and graded to provide positive drainage away from buildings.
C. 
Nearby existing facilities. Where adequate existing storm sewers are readily accessible, the developer must connect his stormwater facilities to these existing storm sewers at the developer's expense.
D. 
Open drainageways.
(1) 
When open drainageways are used for the disposal of stormwater, the City shall review the design of such open drainageways in relation to the following:
(a) 
Safety. Steep banks and deep pools shall be avoided.
(b) 
Erosion. Adequate measures shall be taken, such as seeding, sodding, paving or other measures as necessary to prevent the erosion of banks and the scouring of the channel bottom.
(c) 
Stagnation. Design of open drainageways shall not create stagnant pools or swampy areas.[1]
[1]
Editor's Note: See also Ch. 294, Mosquito Control.
(2) 
Whenever the evidence available to the City indicates that natural surface drainage is inadequate, the developer shall install a stormwater sewer system in accordance with approved plans and profiles. The system shall be designed in accordance with the Pennsylvania Department of Transportation Design Manual Part 2, Chapter 12, Drainage Design, and be approved by the City.
(3) 
Approval. Drainage structures for areas of more than 1/2 mile square shall be subject to approval by the Pennsylvania Department of Environmental Protection.
E. 
Abutting properties.
(1) 
In the design of storm drainage facilities, special consideration must be given to preventing excess runoff onto adjacent developed or undeveloped properties. When a storm drainage outlet will abut another property, the developer must secure the approval in writing of adjoining affected owners. In no case may a change be made in the existing topography which would:
(a) 
Within a distance of 20 feet from a property line to the beginning of the slope result in increasing any portion of the slope to more than 70%.
(b) 
Result in a slope which exceeds the normal angle of slopeage of the material involved.
(2) 
All slopes must be protected against erosion.
F. 
Drainage upon and on streets. In order to give proper surface water drainage upon streets, a structure on a lot must be at a grade in satisfactory relationship:
(1) 
With the established street grade; or
(2) 
With the existing street grade where none is established.
A. 
The amount of land required to be provided for recreational purposes for single-family detached residential subdivisions or land development plans shall be a minimum of 0.02 acre per lot or dwelling unit. Recreation land dedication for multifamily or attached housing shall be a minimum of 20% for the total tract area.
B. 
Proposed recreation areas shall:
(1) 
Be easily and safely accessible from all areas of the development to be served, have good ingress and egress and have direct access to a public roadway. However, no public roadways shall traverse the site(s).
(2) 
Be contiguous and regular in shape.
(3) 
Have a suitable topography and soil conditions for use and development as a recreation area.
(4) 
Seventy-five percent of the required areas shall have a slope of 5% or less.
(5) 
No more than 25% of the required area may be within the floodplain or wetland areas, as defined by the United States Department of Housing and Urban Development's Flood Insurance Rate Maps.
(6) 
Be easily accessible to all essential utilities: water, sewer and power.
(7) 
Be suitable for development as a particular type of park, as categorized by the National Recreation and Park Association's National Park, Recreation and Open Space Standards and Guidelines, 1983, and updates.
(8) 
Be designed and developed according to the standards established by the National Recreation and Park Association.
(9) 
Be compatible with the objectives, guidelines and recommendations as set forth in the City Comprehensive Plan and parks recreation plan and updates.
C. 
When the City Council deems it to be in the public interest to accept title to dedicated land, such acceptance shall be by means of a clear title deed to the dedicated recreation area.
D. 
Recreation areas of less than three acres proposed to be dedicated to the City shall not normally be accepted, unless opportunities exist to combine them with other recreation areas.
E. 
The City Council, after having conferred with the Planning Commission and the Parks and Recreation Board, may find dedication to be impractical because of the size, shape, location, access, topography, drainage or other physical features of the land, or that such dedication would adversely affect the subdivision or land development and its future residents or occupants, or that there is not other land area within the proposed subdivision which is practical for dedication to the public because of size, access, topography or other physical characteristics. In such cases the City Council shall require payment of a fee in lieu of land dedication.
F. 
All approved recreation areas shall be completed and dedicated before 50% occupancy has been reached in any applicable subdivision. Withholding of occupancy permits may occur to ensure compliance with this provision. Developers required to dedicate land for recreation shall also develop the recreation areas, according to the National Park, Recreation and Open Space Standards and Guidelines published by the National Recreation and Park Association in 1983, and any succeeding updates or revisions.
G. 
In cases where the opportunity exists to combine dedicated recreation areas, the developer shall be required to escrow funds that will pay for later construction of facilities on a combined recreation area according to the subdivision's percentage contribution to the ultimate combined recreation area. The City will then develop the combined recreation area with the escrowed funds when all portions thereof have been deeded over to the City.
H. 
Actual size, number, placement and other specifications of recreation facilities to be developed shall be recommended by the Planning Commission after negotiations with the developers. The specifications of recreational facilities to be developed shall bear a reasonable relationship to the anticipated use of the facilities by future inhabitants of the development or subdivision.
I. 
Final subdivision and/or development plans shall indicate location and specifications of all recreation facilities to be constructed and metes, bounds and acreage(s) of the recreation area(s).
J. 
Recreation facilities shall be bonded and have improvement guarantees posted or deposited as with any other subdivision improvements: streets, sidewalks, curbs, drainage facilities, utilities, etc.
K. 
The developer shall install, as a minimum, the following number of recreation facilities on the land which has been set aside for this purpose:
Dwelling Units
Number of Recreational Facilities
24 or less
1
25 to 49
3
50 to 99
5
100 to 199
7
200 to 299
9
300 to 400
11
Over 400
13
L. 
Recreation facilities shall include, but are not limited to, play areas, basketball and/or volleyball courts, tennis courts, softball and/or baseball diamonds, pavilions and soccer and/or football fields. The mix of facilities shall be determined and approved by the City.
M. 
Fee-in-lieu payments shall be arrived at by annual resolutions adopted by the City Council that will set the fee-in-lieu amounts for each residential zone classification for the calendar year. Amounts established shall remain in effect until a succeeding resolution establishing other rates is adopted. The formula for all residential zone classification shall be as follows:
Recreation Area Required 43,560 square feet x Development Cost Factor x Average Lot Price = Fee in Lieu Payment
Where:
Recreation Area Required = The area calculated under the provisions of § 475-34A expressed in square feet.
Development Cost Factor = The percentage of the average lot price attributable to the cost of developing the lot as defined in Article II. This percentage shall be established by the City Engineer.
Average Lot Price = The amount determined by taking the arithmetic average of all open market residential lot sales in the City of Hazleton for the previous year. Open market sales shall not include multiple property/single consideration, nominal consideration, family member, forced sale or partial interest sales as defined by the Luzerne County Assessor's Office. This figure will be calculated on an annual basis and established by the City Council.
N. 
Fee in lieu money authorized by this chapter shall, upon its receipt by the City, be deposited in an interest-bearing account, clearly identifying the specific recreation facilities and recreation district for which the fee was received. Interest earned on the account shall be expended only for the purpose of providing park or recreation facilities accessible to the development and located in the district from which the funds were generated.
O. 
Upon request of any person who paid fee-in-lieu under this chapter, the City shall refund such fee, plus interest accumulated thereon from the date of payment, if the City has failed to utilize the fee paid for the purposes set forth in this chapter within three years from the date such fee was paid.