It is the intent of this article to:
A. 
Establish uniform, minimum standards for the design and construction of public and common facilities that will protect the health, safety and welfare of Borough residents;
B. 
Assure that new subdivision and land development activity is coordinated with past development;
C. 
Protect surface water and groundwater resources from contamination from erosion, runoff, and wastewater;
D. 
Establish standards to ensure adequate coordination of subdivision and land development activities; and
E. 
Implement the recommendations of the Borough Comprehensive Plan.
When applicable, all subdivision and land development applications shall comply with the regulations of this chapter and shall comply with the following general standards:
A. 
Land posing hazards to life, health, or property, such as may arise from fire, floods, disease, or other causes, shall not be subdivided for building purposes, unless such hazards have been eliminated, or unless the subdivision plan shall show adequate safeguards against them, which shall be approved by the appropriate regulatory agencies.
B. 
Subdivision and land development plans shall give due recognition to the Avondale Borough Comprehensive Plan and the Open Space, Recreation and Environmental Resource Plan, which have been adopted pursuant to statue.
A. 
General standards.
(1) 
The location of all streets shall conform to the official plans or to such parts thereof as may have been adopted by the Borough or the state.
(2) 
The proposed street system shall extend existing or recorded streets at the same width as the existing or recorded streets if these streets meet the standards of § 375-24C. If the existing or recorded streets do not meet the standards of § 375-24C, the proposed street extensions shall meet the standards of § 375-24C.
(3) 
Where, in the opinion of the Borough Council, it is desirable to provide for street access to adjoining property, streets shall be extended by dedication to the boundary of such property.
(4) 
New minor streets shall be so designed as to give adequate consideration of providing the extension and continuation of existing street patterns and extensions of major and collector streets into and from adjoining properties.
(5) 
Where a subdivision abuts an existing street of improper width or alignment, the Borough Council may require the dedication of land sufficient to widen the street or correct the alignment.
(6) 
Private streets are prohibited unless they meet the design standards of this section.
B. 
Partial and half streets. New half or partial streets shall not be permitted.
C. 
Street widths.
(1) 
Subdivisions abutting an existing street shall be required to provide the minimum right-of-way width of that road based on its functional classification as determined by the Borough Comprehensive Plan.
(2) 
Minimum street right-of-way and cartway (pavement) widths of new streets shall be determined by the following and shall be based on the functional classification of the road:
Street Type
Required Widths
(in feet)
Arterial street
Right-of-way
80
Cartway
36
Major collector street
Right-of-way
50
Cartway
30
Minor collector street
Right-of-way
50
Cartway
24
Permanent cul-de-sac
Right-of-way
50
Cartway
24
Local street
Right-of-way
36
Cartway
24
Alley
Right-of-way
26
Cartway
16
(3) 
For the purpose of promoting the public safety and convenience or to provide sufficient on-street parking in commercial and industrial areas and in areas of high-density residential development, additional right-of-way and cartway widths may be required by the Borough Council.
D. 
Street construction. All materials entering into the construction of streets and the methods of construction and drainage shall be in accordance with the applicable requirements of the Pennsylvania Department of Transportation, as identified in the PennDOT specifications Publication 408, dated 1987, or the latest revision thereof. Whenever Borough regulations impose more restrictive standards and requirements, such shall prevail.
E. 
Restriction of access.
(1) 
Whenever a subdivision abuts or contains an existing or proposed arterial street, the Borough Council may require restriction of access to the arterial street through the use of:
(a) 
Reverse frontage lots;
(b) 
Alleys along the rear of the abutting lots, together with prohibition of private driveways intersecting the major streets; or
(c) 
Marginal access streets, provided that the reserve strip establishing a marginal access street shall be dedicated to the Borough under an agreement meeting the approval of the Borough Council.
(2) 
Except as specified by this section, reserve strips shall be prohibited.
F. 
Street grades.
(1) 
There shall be a minimum center-line grade of 3/4%.
(2) 
Center-line grades shall not exceed the following:
(a) 
Local street: 8%.
(b) 
Collector street: 6%.
(c) 
Arterial street: 6%.
(d) 
Within 50 feet of street intersection and within cul-de-sac turnarounds: 5%.
(3) 
Grades up to 10% may be permitted on a through local street where access to the street is possible over streets with grades of 10% or less.
G. 
Horizontal curves.
(1) 
Whenever street lines are deflected in excess of 2°, connection shall be made by horizontal curves.
(2) 
To ensure adequate sight distance, minimum center line radii for horizontal curves shall be as follows:
(a) 
Local streets: 150 feet.
(b) 
Collector streets: 300 feet.
(c) 
Arterial streets: 500 feet.
(3) 
A tangent of at least 100 feet shall be introduced between all horizontal curves on collectors and arterial streets.
(4) 
To the greatest extent possible, combinations of the minimum radius and maximum grade shall be avoided.
H. 
Vertical curves. At all changes in street grades where the algebraic difference in grade exceeds 1%, vertical curves shall be provided to permit the following minimum sight distances:
(1) 
Local streets: 200 feet.
(2) 
Collector streets: 300 feet.
(3) 
Arterial streets: 400 feet.
I. 
Intersections.
(1) 
Streets shall intersect as nearly as possible at right angles, and no street shall intersect another at an angle of less than 70°, or more than 120°.
(2) 
No more than two streets shall intersect at the same point.
(3) 
Where a proposed street is to intersect a street at a location opposite of an existing intersecting street, the street shall either intersect directly opposite to the other, or shall be separated by at least 150 feet between center lines, measured along the center line of the street being intersected.
(4) 
Intersections shall be approached on all sides by a straight leveling area, the grade of which shall not exceed 5% within 50 feet of the intersection of the nearest right-of-way lines.
(5) 
Intersections with arterial streets shall be located not less than 1,000 feet apart, measured from center line to center line, along the center line of the arterial street.
(6) 
Street curb intersections shall be rounded by a tangential arc with a minimum radius of:
(a) 
Twenty feet for intersections involving only local streets;
(b) 
Thirty feet for all intersections involving a collector street;
(c) 
Forty feet for all intersections involving a arterial street.
(7) 
Street right-of-way lines shall be parallel to (concentric with) curb arcs at intersections.
J. 
Sight distances at intersections.
(1) 
Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision-obstruction object shall be permitted which obscures vision above the height of 30 inches and below 10 feet, measured from the center line grade of intersecting streets. Such triangles shall be established from a distance of:
(a) 
Seventy-five feet from the point of intersection of the center lines; except that
(b) 
Clear sight triangles of 150 feet shall be provided for all intersections with arterial streets.
(2) 
Wherever a portion of the line of such triangles occurs behind (i.e., 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.
K. 
Cul-de-sac streets.
(1) 
Dead-end streets shall be prohibited, except under the following circumstances:
(a) 
Where the natural conditions of the site do not permit for design and construction of a through street without significant environmental degradation; or
(b) 
Where existing built conditions surrounding the site will not permit the design and construction of a through street at present time or in the future.
(2) 
Where the Borough Council identifies that a through street is not feasible at the present time or in the future, such street shall be designed as a cul-de-sac street.
(3) 
Where the Borough Council has identified that a through street is feasible in the future, such street shall be designed for future access to adjoining properties.
(4) 
Any street dead-ended for access to an adjoining property or because of authorized stage development shall be provided with a temporary, all-weather turnaround within the subdivision, and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.
(5) 
Cul-de-sac streets, permanently designed as such, shall not exceed 500 feet in length and shall not furnish access to more than 20 dwelling units.
(6) 
Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width.
(7) 
All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround; minimum radius to the pavement edge or curbline shall be 40 feet, and minimum radius of the right-of-way line shall be 50 feet. The sidewalk area within the right-of-way line should conform to the straightway portion of the street and the curvature of the street.
(8) 
Drainage of cul-de-sac streets shall preferably be towards the open end. If drainage is toward the closed end, it shall be conducted away in an underground storm sewer.
L. 
Street names.
(1) 
Proposed streets which are in direct alignment with existing and named streets shall bear the names of the existing streets.
(2) 
In no case shall the name of a proposed street duplicate an existing street name in the Borough and in the postal district, irrespective of the use of the suffix "Street," "Road," "Avenue," "Boulevard," "Drive," "Way," "Court," "Lane," etc.
(3) 
All street names shall be subject to the approval of the Borough, the postmaster having jurisdiction, and the Chester County 911 Coordinator.
M. 
Alleys.
(1) 
Alleys are encouraged in residential areas where their use would be an extension of the existing street and alley pattern.
(2) 
Alleys may be permitted in other types of residential development, provided that the applicant produces evidence satisfactory to the Borough Planning Commission of the need for such alleys, provided such are not the primary means of access.
(3) 
Where permitted, alleys in residential developments shall have a minimum paved width according to § 375-24C, except that where alleys serve dwellings on only one side, the Borough Planning Commission may permit a paved surface of not less than 12 feet.
(4) 
No part of any dwelling garage or other structure shall be located within 10 feet of the edge of the cartway, and in no instance shall any structure be located within the right-of-way.
(5) 
Except where other adequate provisions are made for off-street loading and parking consistent with the use proposed, alleys shall be required in commercial and industrial districts and shall have a minimum paved width of 24 feet.
(6) 
Dead-end alleys shall be prohibited.
(7) 
Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be rounded or cut back sufficiently to permit safe vehicular circulation.
N. 
Curbs. Curbs shall be installed along the edge of any street or cartway. Curbs shall be either the vertical type or a combination curb and gutter. The transition from one type of curb to another shall be made only at a street intersection.
A. 
Layout. The length, width and shape of blocks shall be determined with due regard to:
(1) 
Provision of adequate sites for buildings of the type proposed;
(2) 
Zoning requirements;
(3) 
Topography and natural features;
(4) 
Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with major streets; and
(5) 
The pattern of surrounding existing development.
B. 
Length.
(1) 
Blocks shall have a maximum length of 1,200 feet and a minimum length of 300 feet; provided, however, that the Borough Planning Commission or Borough Council may decrease the maximum or minimum lengths of blocks if, in the opinion of either body, the topography of the land in question or surface drainage conditions warrant such a decrease.
(2) 
In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection.
(3) 
Where practicable, blocks along arterial and collector streets shall not be less than 1,000 feet long.
C. 
Depth. Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except:
(1) 
Where reverse frontage lots are required along an arterial street; or
(2) 
Where prevented by the size, topographical conditions or other inherent conditions of property, in which case the Borough Council may approve a single tier of lots.
D. 
Commercial and industrial blocks. Blocks in commercial and industrial areas may vary from the elements of design detailed above if required by the nature of the use. In all cases, however, adequate provision shall be made for off-street parking and loading areas as well as for traffic circulation and parking for employees and customers.
A. 
General standards.
(1) 
The size, shape and orientation of lots shall be appropriate for the type of development and use contemplated, and in accordance with the provisions of Chapter 430, Zoning.
(2) 
Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines.
(3) 
Where feasible, lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.
(4) 
Where possible, lot lines shall follow streams.
(5) 
Generally, the depth of residential lots shall be not less than one nor more than 2 1/2 times their width.
(6) 
Depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, loading and unloading, setbacks, landscaping, etc.
(7) 
If, after subdividing, there exist remnants of land, they shall be either:
(a) 
Incorporated in existing or proposed lots; or
(b) 
Legally dedicated to public use, if acceptable to the Borough.
(8) 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
B. 
Lot frontage.
(1) 
All lots shall have direct access to an existing or proposed public street, or to an approved private street, provided it meets the requirements of this chapter.
(2) 
Double or reverse frontage lots shall be avoided, except where required to provide separation of access to lots from arterial streets or to overcome specific disadvantages of topography or orientation.
(3) 
All residential reverse frontage lots shall have a rear yard with a minimum depth of 75 feet, measured in the shortest distance from the proposed dwelling unit to the ultimate right-of-way and shall, within such rear yard and immediately adjacent to the right-of-way, have a planting screen easement of at least 10 feet in width, across which there shall be no right of access.
C. 
Driveways and off-street parking.
(1) 
Parking requirements for residential uses shall comply with the regulations of Chapter 430, Zoning, and shall also comply with the following:
(a) 
All off-street parking shall be provided behind the street right-of-way line and may be as an attached or separate garage(s), carport(s) or driveway(s).
(b) 
In the case of multifamily uses, required off-street parking may be provided in the form of a parking compound(s) located adjacent to or near the multifamily building. Parking compounds shall include adequate aisles for maneuvering and movement of vehicles and adequate facilities for safe pedestrian travel. The grade of such parking areas shall not exceed 5%.
(2) 
Commercial and industrial subdivision shall meet the off-street parking requirements of Chapter 430, Zoning.
(3) 
Private driveways on corner lots shall be located at least 40 feet from the point of intersection of the nearest street curblines.
(4) 
In order to provide a safe and convenient means of access, grades on private driveways should not exceed 12%.
(5) 
All driveways shall be paved, except for residential driveways serving one unit, then only the portion of the driveway within the right-of-way is required to be paved.
(6) 
In order to provide safe and convenient ingress and egress, private driveway entrances should be rounded at a minimum radius of six feet, or should have a flare constructed that is equivalent to this radius, at the point of intersection with the cartway edge (curbline).
D. 
Lot size. Lots shall meet or exceed the minimum lot size and width requirements as established in Chapter 430, Zoning.
A. 
Sidewalks.
(1) 
Sidewalks shall have a minimum width of four feet, except in the case where the proposed sidewalk will be connected to an existing sidewalk, in which case the proposed sidewalk shall be equal in width to the existing sidewalk.
(2) 
Sidewalks shall be installed as required by the Borough, except that:
(a) 
Where required, sidewalks shall be installed on only one side of marginal access streets; and
(b) 
No sidewalks shall be required along alleys.
(3) 
Wherever sidewalks are required, curbs shall also be required, in accordance with the specifications of § 375-24N.
(4) 
Sidewalks shall be located within the required street right-of-way line and shall be separated from the edge of the paved street by a grass strip with a minimum depth of two feet, except that where a proposed sidewalk will be connected to an existing sidewalk, the separation from the street shall conform to that of the existing sidewalk.
(5) 
When provided, sidewalks shall be constructed of concrete with a minimum twenty-eight-day strength of 3,000 psi, with a minimum width of four feet and a thickness of four inches, except at driveway crossing when the sidewalk thickness shall be increased to six inches with reinforcement, and except in industrial and commercial development for which the Borough may vary from the above design specifications if required by the nature of the use.
(6) 
Sidewalk slope between curb and building line shall be three feet per foot.
(7) 
Where curb grades meet at intersection, sidewalk slope may vary between a minimum of 0.005 foot per foot and a maximum of 0.06 foot per foot. Change in slope between the curbline and the standard 0.03 foot per foot shall be accomplished in a distance equal to three times the sidewalk width.
B. 
Crosswalks.
(1) 
Crosswalks shall be required at all intersections and wherever the Borough Council deems necessary to facilitate pedestrian circulation and to give access to community facilities, as well as in blocks of over 1,000 feet in length.
(2) 
Such crosswalks shall have a width of not less than 10 feet and a paved walk of not less than four feet.
(3) 
Crosswalks at intersections shall be provided with ramps connecting the street with the sidewalk to accommodate the disabled.
A. 
In order to properly dispose of public wastewater and sewage, each property shall connect to the Borough Sewage Disposal System.
B. 
Sanitary sewers shall conform in all respects to the minimum requirements of the Pennsylvania Department of Environmental Protection and all ordinances, rules and regulations of the Borough and Sewer Authority. All sanitary sewers shall be inspected by the Borough Engineer or Sewer Authority representative.
C. 
Sanitary sewers shall not be used to carry stormwater.
A. 
For the purpose of supplying a safe and adequate supply of water, each property shall connect to the Borough water system.
B. 
The water distribution system shall be designed to furnish an adequate supply of water to each lot, with adequate main sizes and fire hydrant locations to meet the specifications of the Middle Department Association of Fire Underwriters. A copy of approval of such system by the appropriate public agency or utility company shall be submitted with the final plan. Suitable agreement shall also be established for the ownership and maintenance of such distribution system.
A. 
Land proposed for subdivision or land development shall not be developed or changed by grading, excavating, or by the removal or destruction of the natural topsoil, trees or other vegetative cover unless adequate provisions for minimizing erosion and sediment are identified in an erosion and sediment control plan, and reviewed and approved by the appropriate authorities.
B. 
A plan for erosion and sediment control shall be prepared and submitted to the Borough according to § 375-14C(8), and installations necessary to implement this plan shall be made by the developer as required improvements.
C. 
The plan for erosion and sediment control shall meet the standards and specifications of the Chester County Conservation District as adopted from the USDA Natural Resources Conservation Service standards and specifications, as well as, the regulations of the Pennsylvania Department of Environmental Protection, as designated by the Pennsylvania Clean Streams Law.[1] Development cannot proceed without an approved erosion and sediment control plan. Such a plan shall be submitted as part of the preliminary plan.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
D. 
The following guidelines shall be applied as needed, in accordance with the requirements of the Borough Engineer and the Chester County Conservation District Office, in developing erosion and sediment control measures:
(1) 
Stripping of vegetation, grading, filling, excavating or other alteration of the landscape shall be done in such a way that will minimize erosion.
(2) 
Whenever feasible, natural vegetation shall be retained, protected and supplemented.
(3) 
The disturbed area and the duration of exposure shall be kept to a practical minimum.
(4) 
Disturbed soils shall be stabilized as quickly as practicable.
(5) 
Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.
(6) 
The permanent vegetation and mechanical erosion control and drainage measures shall be installed as soon as practical in the development.
(7) 
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development in accordance with § 375-31. Where necessary, the rate of surface water runoff will be mechanically retarded.
(8) 
Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similarly measures.
E. 
The following guidelines shall be applied as needed in excavation and fills as part of erosion and sediment controls and shall meet the approval of the Borough Engineer and the Chester County Conservation District Office:
(1) 
All lots, tracts, or parcels shall be graded to provide positive drainage away from the building, without ponding.
(2) 
Grading and cut and fill operations shall be kept to a minimum to ensure conformity with the natural topography, to minimize the erosion hazard, and to adequately handle the surface runoff.
(3) 
Cut and fill slopes shall not be steeper than 2:1 unless stabilized by a retaining wall or cribbing, except as approved by the Borough Council when handled under special conditions.
(4) 
Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.
(5) 
Cuts and fills shall not endanger adjoining property.
(6) 
Fills shall be placed and mechanically compacted to minimize sliding or erosion of the soil.
(7) 
Fills shall not encroach on natural watercourses or constructed channels.
(8) 
Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.
(9) 
Grading will not be done in such a way so as to divert water onto the property of another landowner.
(10) 
During grading operations, necessary measures for dust control shall be exercised.
(11) 
Grading equipment will not be allowed to cross live streams without approval from the Pennsylvania Department of Environmental Protection.
F. 
The period of storage on the land being developed of materials used in grading operations shall be kept to a minimum. Such storage shall not be continued after the completion of all grading activities and materials may be stored for only short periods before the commencement of grading activities.
G. 
The development shall agree to the granting and recording of easements for drainage facilities, including acceptance of the discharge of water on the property of others, provisions for maintenance of slopes, retention barriers, and swales, and access for the maintenance of antierosion facilities.
H. 
Any increase in runoff associated with a site development shall be handled in accordance with § 375-31.
A. 
Stormwater facilities shall be provided as necessary to:
(1) 
Encourage groundwater recharge;
(2) 
Retain predevelopment levels of stormwater runoff, in terms of volume and rate;
(3) 
Limit the erosion of soil;
(4) 
Protect against changes in stormwater flow created by land development both during and after construction;
(5) 
Permit unimpeded flow of natural watercourse;
(6) 
Ensure adequate drainage of all low points along the line of streets; and
(7) 
Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained.
B. 
Unless impractical due to limited space, topography, soil conditions, or other natural constraints, stormwater shall be handled on-site according to the following:
(1) 
Runoff control. The rate of stormwater runoff from any proposed subdivision or land development shall not exceed the rate of runoff prior to development. This standard shall be maintained for all storms (i.e., both high-frequency and low-frequency).
(2) 
Distribution and quantity of runoff. The distribution of runoff from the developed property onto adjacent properties shall, to the maximum extent possible, be the same in the direction and quantity as that which existed before development. No new concentrations of stormwater discharge shall be permitted.
(3) 
Runoff design. The increased runoff which may result from the subdivision or land development shall be controlled by permanent stormwater control measures that will provide the required runoff control specified in this chapter. All runoff control devices and measures will be evaluated for the effectiveness to maintain the standard for all storms within a return period of up to 100 years. Furthermore, stormwater control facilities shall be developed and evaluated on their effectiveness to control the runoff created by storms of varying degrees, including the runoff created by a two-, five-, ten-, twenty-five-, fifty- and 100-year storm.
C. 
Stormwater control practices. All subdivision or land development projects shall be required to control increases in runoff associated with stormwater in one of the following ways. The following stormwater management practices are listed in order of decreasing preference, with the first choice on the list being the most desirable:
(1) 
Infiltration of runoff on-site. Whenever possible, stormwater shall be managed in such a manner as to facilitate its infiltration through the use of, but not limited to, the following;
(a) 
Minimum disturbance/minimum maintenance techniques.
(b) 
Limited impervious surface area coverage.
(c) 
Porous or pervious pavement with underground recharge beds.
(d) 
Infiltration facilities such as seepage pits, seepage trenches, or infiltration beds.
(2) 
Retention of stormwater runoff. Where soil conditions, limited space, or other conditions do not permit sufficient infiltration, methods shall be employed which retain stormwater on-site and shall include, but not limited to:
(a) 
Cisterns and underground reservoirs.
(b) 
Retention basins.
(3) 
Flow attenuation.
(a) 
Routed flow over open vegetated swales and natural depressions.
(b) 
Filter strips.
(4) 
Other practices and control methods, including the existing Borough storm sewer system, which meet the criteria and purpose of this chapter upon review by the Borough Engineer and approval of the Borough Council.
D. 
Where it can be adequately demonstrated that it is physically unfeasible to manage stormwater on-site, stormwater can be directed to public storm sewer facilities according to the following:
(1) 
Storm sewers and related installations shall be permitted only when the runoff of stormwater cannot be satisfactorily handled within the street cartway. The Borough Engineer shall determine whether the runoff can be or cannot be satisfactorily handled within the street cartway.
(2) 
Where existing storm sewers are reasonably accessible, and of adequate capacity, proposed subdivisions shall, if necessary, connect to the existing storm sewers.
(3) 
In the design of storm drainage facilities, special consideration shall be given to avoidance of problems which may arise from the concentration of stormwater runoff onto adjacent development or undeveloped properties.
(4) 
Storm drainage facilities shall be designed not only to handle the anticipated peak discharge from the property being subdivided, but also the anticipated increased runoff that will occur when all the property at a higher elevation in the same watershed is fully developed.
(5) 
Storm sewers, as required, shall be placed out of the street paving when parallel to the street within the right-of-way. When located in undedicated land, they shall be placed within an easement not less than 15 feet wide, as approved by the Borough Engineer. Open ditches shall be avoided and graded, finished drainage swale shall be provided where piping is impractical or undesirable. Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance.
(6) 
Storm sewers shall have a minimum diameter of 15 inches and a minimum grade of 1/2%. Changes in alignment shall be by straight sections connected by inlets or manholes. Storm sewer sizes shall be selected in accordance with normal engineering standards and practice to provide for a minimum storm frequency of five years. Inlets, manholes, covers and frames shall conform to Pennsylvania Department of Transportation specifications.
(7) 
All streets shall be so designed as to provide for the discharge of surface water from their rights-of-way.
(8) 
The slope of the crown on proposed streets shall be not less than 1/8 of an inch per foot and not more than 1/3 of an inch per foot.
(9) 
Adequate facilities shall be provided at low points along streets and at street intersections where necessary to intercept runoff. Crossing gutters will not be permitted.
(a) 
Downspouts shall be connected to storm sewers or directed laterally to the curb. Where directed to the curb, the bottom of the opening within the curb shall be a minimum of one inch above the finished grade of the street.
E. 
Responsibility and maintenance. The developer shall be solely responsible for the maintenance of all stormwater management facilities until such time as:
(1) 
Improvements are complete and the landowner accepts ownership;
(2) 
The Borough accepts an easement for such facilities; or
(3) 
A homeowners' association, established and approved by the Borough, accepts responsibility for such facilities.
[Amended 8-3-2023 by Ord. No. 2023-278]
A. 
Public grounds.
(1) 
In reviewing subdivision plans, the Borough shall consider whether community facilities, especially schools, in the area are adequate to serve the needs of the additional dwellings proposed by the subdivision, and shall make such report to the local school district as it deems necessary in the public interest.
(2) 
An applicant shall give earnest consideration to the desirability of providing or reserving areas for facilities normally required in residential neighborhoods, including libraries, schools, and other public buildings, parks, playgrounds and playfields. Areas provided or reserved for such community facilities should be adequate to provide for landscaping and off-street parking as appropriate to the uses proposed.
B. 
Open space and community recreation areas in subdivision and/or land development projects.
(1) 
In reviewing subdivision and land development proposals, the Borough Council shall consider the adequacy of existing or proposed community active recreation areas and facilities to service the population of the proposed development.
(2) 
Pursuant to the Borough's 2019 Comprehensive Plan, as updated and amended, the Borough's 1993 Open Space, Recreation and Environmental Resources Plan, as updated and amended, and pursuant to the standards set forth below in § 375-32B(3), any proposed development shall be required to permanently set aside land for active recreation purposes within the development or allocate funds to improve existing park and recreational facilities with the Borough to better serve the development. The Board may accept, at its sole discretion, the payment of a fee in lieu of such set aside of land, in an amount and in the manner prescribed below as agreed upon by the applicant. The Board may accept a combination of land and fee in lieu for recreation areas, in its sole discretion and as agreed upon by the applicant.
(3) 
In residential subdivision and land developments, it is the policy of the Borough Council to require the dedication of land for recreational purposes within such developments. These recreational areas shall comply with the following regulations:
(a) 
At a minimum, the following amount of acreage shall be provided for community recreation areas:
Dwelling Units to be Created by Proposed Development
Minimum Recreation Area Acreage
25 to 50
.25 acre
51 to 100
.5 acre
101 to 200
1.0 acres
201 to greater
1.5 acres
(b) 
Community recreation areas shall comply with the open space and recreation area standards as specified in § 375-32B(6), of this chapter.
(c) 
Community recreation areas may be dedicated to the Borough by the applicant if the Borough Council agrees to accept the dedication. Acceptance of dedication of recreation areas shall be determined by the Borough Council, at its sole discretion.
(4) 
As an alternative to providing required on-site community recreation areas pursuant to § 375-32B(3), Borough Council may, with the agreement of the applicant, elect to receive a fee in lieu of the set aside of such recreation area from the applicant detailed as follows:
(a) 
The amount of any fee in lieu of land for active recreation shall be computed as follows: 50% of the current County of Chester's assessed value of the entire tract (which is calculated based upon the total amount of all of the total assessment values of each tax parcel that comprises the tract), multiplied by the minimum number of acres required to be set aside for recreation as set forth in § 375-32.B(3)(a).
[1] 
Note: The County of Chester's assessed value of each tax parcel can be found on the county's website under Chesco Views and is listed as the "total assessment" line item under the description of the tax parcel. Chesco Views may be updated in the future; however, this is current system in place.
(b) 
A notation shall be made on the final plan prepared for recording, stipulating the full amount of the fee to be paid, as established by this section, and the means and timing of the payment, consistent with the terms of this section or as otherwise agreed upon in writing.
(c) 
For any subdivision and/or land development projects not exempt from preliminary/final plan requirements, the full amount of the fee shall be placed in escrow or otherwise secured in a manner deemed acceptable under the terms of § 375-57 of this chapter, as a condition of final plan approval by the Board. Actual payment of the fee for any lot shall be made at one of the following points, whichever shall occur first:
[1] 
At the time of conveyance of any lot;
[2] 
At the time of application for a building permit; or
[3] 
At the time that any public improvements are offered for dedication.
(d) 
Borough Council may allow for payment of fees in lieu to be staged, and the timing and conditions of such staging shall be solely at the discretion of Borough Council.
(e) 
For any fee in lieu of land dedication for active recreation, the full amount of the fees paid to the Borough shall be deposited in an interest bearing account clearly identified as reserved for providing, acquiring, operating or maintaining park or recreational facilities consistent with the Borough's 2019 Comprehensive Plan and the Borough's 1993 Open Space, Recreation and Environmental Resources Plan, both as may be amended and updated. Fees deposited to this account shall be administered as required by Act 247, the Pennsylvania Municipalities Planning Code, as amended.
(5) 
Improvements to other recreation sites. Subject to the discretion of Borough Council, as a further alternative to providing for onsite recreation areas, the applicant may, through an agreement with the Borough, be permitted to construct recreational facilities on existing or proposed parkland that is readily accessible to the residents of the proposed development. The value of such improvements shall be credited against the fee in lieu that would have otherwise applied, based upon the applicant's estimates, as reviewed by the Borough Engineer. The Borough and the applicant may also agree to a combination of a fee in lieu and construction of recreational facilities on existing parkland.
(6) 
Community recreation area standards.
(a) 
In designing community recreation areas within residential subdivision and land development plans, the applicant shall comply with the following criteria and standards for community recreation areas:
[1] 
Consistent with the Borough's 2019 Comprehensive Plan and the Borough's 1993 Open Space, Recreation, and Environmental Resources Plan as both may be updated and amended.
[2] 
Suitable for active recreational uses to the extent deemed necessary by the Borough Council without interfering with adjacent dwelling units, parking, driveways, and roads.
[3] 
The minimum required area shall be composed of not more than 10% environmentally sensitive lands; floodplains, woodlands, slopes in excess of 25%, surface waters, and wetland areas.
[4] 
Comprised of areas which do not include net out lands, buffer strips and zones, seepage beds and drain fields (primary and backup), utility and maintenance easements, stormwater management basins and facilities, right-of-way, or building setback areas.
[5] 
Comprised of areas not less than 75 feet in width, and not less than 10,000 square feet in contiguous areas, except when part of a trail system or pathway network.
[6] 
Relatively compact, placed to serve all parts of the development, and interconnected with common open space areas on abutting parcels whenever applicable, including provision for pedestrian pathways to general public use to create linked pathway system within the Borough.
[7] 
Provided with sufficient perimeter parking where necessary, and with safe and convenient access by adjoining street frontage or other rights of way or easements capable of accommodating pedestrian, bicycle, and maintenance and vehicular traffic and containing appropriate access improvements.
[8] 
Undivided by public or private streets, except where necessary for proper traffic circulation, and then only upon recommendation of the Borough Engineer.
[9] 
Free of all structures, except those of historic or architectural importance and those directly related to outdoor recreational use.
[10] 
Suitably landscaped either by retaining existing natural ground cover and wooded areas and according to a landscaping plan for enhancing open space and recreation areas through plantings.
[11] 
No trail shall be designed with the intent to accommodate motorized vehicles.
[12] 
Trails and their easements shall be placed under the care of a community association in order to assure continuing maintenance of the trail and trail easement.
[13] 
Recreation facilities (such as playground equipment, volleyball courts or similar type facilities) shall be designed and presented to Borough Council for review and approval.
A. 
A fifteen-foot easement shall be provided for poles, wires, conduits, storm and sanitary sewers, water and other utility lines intended to serve the abutting lots. No structures or trees shall be placed within such easements.
B. 
To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
C. 
There shall be a minimum distance of 20 feet from the right-of-way line, measured in the shortest distance, between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line which traverses the subdivision or lot.
D. 
Where gas or petroleum transmission lines are a part of the proposed development, either existing within or requiring relocation, a fifty-foot easement shall be provided and construction shall comply to the applicable requirements of the Pennsylvania Public Utilities Commission regulations.
E. 
Underground electric distribution lines are to be installed in all new subdivisions. Underground telephone lines and television cable lines shall be installed in all new subdivisions. In existing subdivisions with five or more unimproved lots, any extensions of the electric distribution lines shall be placed underground. It is desirable that all new service laterals from existing overhead distribution lines shall be placed underground. An approved plan for the utilization of an electric distribution system shall be submitted to the Borough prior to the recording of a final plan.
A. 
Permanent stone, concrete or steel monuments shall be accurately placed at the intersection of all lines forming angles and at changes in direction of lines in the boundary (perimeter) of the property being subdivided.
B. 
All monuments shall be placed by a registered professional engineer or surveyor so that the center of the monument shall coincide exactly with the point of intersection of the lines being monumented.
C. 
All monuments located at corners and angle points of the boundary of the original tract shall be permanently marked with a proper inscription on top that permanently identifies the precise location being marked.
D. 
Monuments and markers shall be set with their tip level with the finished grade of surrounding ground, except:
(1) 
Monuments which are placed within lines of existing or proposed sidewalks shall be so located (preferably beneath sidewalks) that their tops will not be affected by lateral movement of the sidewalk; and
(2) 
Where monuments are located beneath a sidewalk, proper access shall be provided for their use.
(3) 
Where sidewalks are existing, a stone point (a four-inch square chisel cut with a drill hole in center) may be substituted for a monument.
(4) 
All streets shall be monumented (preferably on the right-of-way line) at the following locations or on the five feet range line:
(a) 
At least one monument at each street intersection;
(b) 
At changes in direction of street lines, excluding arcs at intersections;
(c) 
At each end of each curved street line, excluding curb arcs at intersections;
(d) 
An intermediate monument wherever topographical or other conditions make it impossible to sight between two otherwise required monuments;
(e) 
At such other places along the line of streets as may be determined by the Borough Engineer to be necessary so that any street may be readily defined in the future.
E. 
Markers shall be placed at all angles in property lines of lots being subdivided.
Fire hydrants shall be installed within 600 feet of all existing and proposed structures, measured by way of accessible streets and connected to the Borough water system (as specified by the Middle Department Association of Fire Underwriters).
In accordance with the conditions to be agreed upon by the applicant, the Borough, and the appropriate public utility, streetlights are to be installed in all subdivisions.
The applicant shall preserve existing shade trees. In addition, deciduous hardwood trees with a minimum caliper of 1 1/2 inches shall be provided as part of the proposed subdivision or land development, in accordance with conditions to be agreed upon by the Borough, and if necessary, the appropriate public utility. Where provided, such trees should be planted between the sidewalk and the building reserve (setback) line, at least five feet from the sidewalk or between the curb and sidewalk, provided the planting strip is a minimum of 10 feet wide.