[Ord. No. 2022-04, 2/15/2022]
1.
The principles, standards, and requirements of this part shall be
applied by the Mifflinburg Borough Planning Commission in evaluating
and reviewing proposed subdivision and land development plans, and
shall be considered the minimum standards in the Borough. The Mifflinburg
Borough Planning Commission may impose more restrictive standards
where it is deemed appropriate or necessary in order to protect the
public health, safety or welfare.
2.
Land shall be suited to the purpose for which it is to be subdivided
or developed.
[Ord. No. 2022-04, 2/15/2022]
Those lands which are subject to hazards of life, health, or
property as may arise from fire, flood, disease, geologic conditions,
excessive slopes, contamination by hazardous materials and substances,
unstable soils or soils of inadequate weight bearing strength, sites
with very poor access, or considered to be uninhabitable for other
reasons shall not be approved for development unless the hazards have
been eliminated or adequate safeguards and/or remediation have been
taken to the satisfaction of the Mifflinburg Borough Planning Commission
to prevent further aggravation to and damage from such hazards.
[Ord. No. 2022-04, 2/15/2022]
1.
The location and design of all subdivisions and land developments
shall conform to, and be generally consistent with the Mifflinburg
Borough Comprehensive Plan and any and all other plans and official
maps duly adopted by the Mifflinburg Borough.
2.
New subdivisions and land developments shall be coordinated with
all existing or proposed developments on adjacent properties in order
to provide for the harmonious development of the entire area.
3.
The location and design of all subdivision and land developments
shall conform to any applicable Mifflinburg Borough zoning ordinance.
The Mifflinburg Borough Planning Commission shall not grant plan approval
until the Mifflinburg Borough Zoning Officer certifies that the plan
is consistent with local zoning requirements.
[Ord. No. 2022-04, 2/15/2022]
1.
Blocks for residential developments shall generally have a minimum
length of 500 feet and a maximum length of 1,600 feet.
2.
Residential blocks shall be of sufficient depth to accommodate two
tiers of lots. Exceptions to this may be permitted for double or reverse
frontage lots that border an arterial or collector street or where
a barrier such as a watercourse or railroad is present.
3.
The depth and width of blocks in nonresidential areas may vary from
§ 23-503A and B and shall be determined by the nature of
the use in order to serve the public convenience. Nonresidential blocks
shall be adequate to provide for safe and convenient traffic circulation,
off-street parking and loading areas, setbacks, and landscaping, as
required by this chapter and applicable municipal zoning ordinances.
[Ord. No. 2022-04, 2/15/2022]
1.
General Lot Standards.
A.
Lots shall be laid out to provide buildable areas, reasonable access,
usable yards and open space areas, with minimum disturbance to the
site. The soil, geologic, and topographic conditions of the site should
be compatible with proposed lot uses.
B.
The configuration of lots shall be based upon the minimum and maximum
lot area requirements, the salient natural features, existing improvements,
proposed improvements, and the adjacent development pattern.
C.
Lot configurations should provide for flexibility in building locations
while providing safe vehicular and pedestrian circulation.
D.
Lots that are two or more times the minimum lot area requirements
shall be designed with configurations that allow for additional subdivision.
2.
Specific Lot Requirements.
A.
Wherever feasible lot lines shall follow municipal boundaries rather
than cross them. Where a lot is divided by a municipal boundary the
minimum standards of the each municipality shall apply.
B.
Side lot lines shall be substantially at right angles or radial to
street lines.
D.
Lots that require access to an arterial or collector street shall
be avoided. Where lots adjoin arterial or collector streets, access
to said lots shall be from local streets, service or marginal access
roads.
E.
Lots shall be laid out and graded to provide proper drainage away
from all buildings.
F.
All portions of a tract being developed shall be taken up in lots,
streets, public grounds, recreation areas or other proposed uses so
that remnants and landlocked areas shall not be created.
G.
Corner lots shall have additional width to permit sufficient setbacks
from both streets.
H.
Double frontage lots are prohibited except where provided as reverse
frontage lots to reduce driveway intersections along a street with
a high volume of vehicular movements.
[Ord. No. 2022-04, 2/15/2022]
1.
The minimum lot or area requirements shall be determined by the Mifflinburg
Borough zoning ordinance.
[Ord. No. 2022-04, 2/15/2022]
[Ord. No. 2022-04, 2/15/2022]
1.
All pins, monuments, and markers shall be established by a professional
land surveyor licensed in the Commonwealth of Pennsylvania. The work
shall be performed in accordance with criteria recognized by the professional
licensing board. No existing property line evidence shall be disturbed
or removed in the course of establishing and locating boundaries,
but shall be located and identified on a property survey plan and
labeled as is deemed necessary to delineate ownership.
2.
Monuments, pins, or markers shall consist of the following materials
and dimensions and shall be embedded no less than 30 inches:
A.
Monuments. Concrete shall be at least four inches by four inches
by 36 inches or similar circular area with a permanent distinguishing
magnetic mark identifying the point on the property.
B.
Pins and Markers. Steel and other similar durable all weather permanent
marker materials shall be at least 36 inches by 1/2 inch in diameter.
Railroad spikes or similar products can be used to locate intersections
of streets and property corners within paved surfaces.
C.
For newly erected monuments it is recommended that a brightly colored
wooden stake at least one inch by two inches by 36 inches be placed
near the monument and/or colored flagging be placed on the monument.
Survey caps and underground magnetic markers may also be utilized
in conjunction with bars used for markers.
3.
It is encouraged that all boundary surveys and monuments be located
in reference to the established control for the Union County GIS mapping.
Surveys and subdivisions that are located within 1,500 feet of a Union
County GIS Monument shall be tied to that monument with bearings to
the nearest second and dimensions to the nearest 100th of a foot to
identify the coordinates of at least two monuments and the remaining
annotated property information.
4.
Monuments shall be placed at all newly established property corners
and right-of-way lines to identify the intersection of adjoining properties,
separately deeded properties of the same ownership, and access, utility,
and drainage easements. Curved lines shall be identified at the points
of tangent and changing degree of curvature.
5.
In subdivisions of 10 lots or greater, a minimum of two permanent
reference monuments shall be established in the external boundary
of the subdivision where the bar is set in concrete to meet the standards
of a monument.
6.
Monuments for new subdivision or land development projects shall
be set prior to final plan approval. Monuments disturbed during construction
shall be re-established by the professional land surveyor promptly
at the completion of construction activities, but in all cases prior
to any lot sale or building occupation.
7.
Maintenance or Removal. It shall be the responsibility of the subdivider
or developer to see that all monuments or markers are properly maintained
until such time as the lot or tract is conveyed. Maintenance of such
monuments or markers shall then become the responsibility of the new
owner. Any monuments or markers that are removed shall be replaced
by a registered professional land surveyor at the expense of the person(s)
removing them.
[Ord. No. 2022-04, 2/15/2022]
1.
Easements for sanitary sewer, water supply, stormwater drainage facilities,
public or private utilities, and pedestrian access shall meet the
standards of this section.
A.
Easements shall be adjacent to property lines and street rights-of-way
to the fullest extent possible.
B.
Nothing shall be placed, planted, set or put within an area of an
easement that would adversely affect the function of the easement
or conflict with the easement agreement.
C.
Utility Easements. The location and size of utility easements shall
be reviewed and approved by the applicable utility company, but such
easements shall not be less than 15 feet in width.
D.
Drainage Easements. Where a subdivision or land development is traversed
by an existing or proposed watercourse, drainageway, channel, or stream,
a drainage easement shall be provided that conforms substantially
with the line of such feature at a width adequate to preserve the
unimpeded flow of natural drainage without damaging adjacent property.
The minimum width of drainage easements shall be 15 feet.
E.
Stormwater Facility Easements. Easements shall be reserved where
stormwater drainage facilities exist or proposed and shall have a
minimum width of 15 feet extending from the top of bank of any basin,
channel, or berm. They shall be adequately designed to provide an
area for the collection and discharge of water, the maintenance, repair,
and reconstruction of the drainage facilities, the passage of machinery
for such work, and provide ingress and egress from a public right-of-way.
The easement shall remain unobstructed at all times and excavation,
the placing of fill, buildings or other permanent structures or any
other alterations that may adversely affect the flow of stormwater
within any portion of the easement shall be prohibited.
F.
Right of Access and Maintenance. All easements shall clearly identify
who has the right of access and the responsibility for maintenance.
G.
Easements, including easement maintenance provisions, shall be prepared
in a format suitable for recording and shall be referenced in the
deeds of the lots.
[Ord. No. 2022-04, 2/15/2022]
1.
The following criteria shall be considered in the design of streets
(including private streets not dedicated) in all subdivisions and
land developments:
A.
The arrangement of streets shall minimize congestion, avoid hazardous
intersections, provide convenient and safe access to the property.
They shall conform to the circulation plan of the county and Mifflinburg
Borough comprehensive plan, to official maps, and to such Mifflinburg
Borough and state road and highway plans as have been duly adopted.
B.
Proposed streets shall be coordinated with existing or proposed streets
on adjacent properties and shall be planned and designed for the continuation
of existing streets in adjoining areas, the proper projection of streets
into adjoining undeveloped or unplatted areas and the continuation
of proposed streets to the boundaries of the tract being developed.
No subdivision or land development shall be approved that will result
in a tract or parcel of land being landlocked.
C.
Streets shall be laid out to be harmonious with the existing and
proposed site characteristics including, but not limited to, slope,
best use, parcel layout, runoff, soil capacity, water table, floodplain,
sight distance, traffic volume and safety, pedestrian use, traffic
control, and parking.
D.
Curvilinear streets should be utilized only where their use will
be consistent with adjoining development patterns, topography, and
natural features of the site.
E.
Curvilinear streets shall not be used immediately adjacent to an
existing grid street system without providing a transition that continues
and projects the historic grid.
F.
Streets shall be laid out to preserve the integrity of their design.
G.
Streets shall be laid out to conform as much as possible to the topography
in order to permit efficient drainage and utility systems, to require
the minimum number of streets necessary for convenient and safe access,
and to result in usable lots and satisfactory street grades.
H.
Streets which provide ingress and egress to residential areas of
single and multiple family dwellings shall be laid out to discourage
and minimize their use by through traffic and to discourage excessive
speeds; however, street connectivity into and from adjacent areas
is encouraged and will generally be required.
I.
If lots resulting from a subdivision or land development, including
the tract residual, are large enough for re-subdivision, adequate
street right-of-way to permit further subdivision and land development
shall be provided as necessary.
J.
Where a subdivision or land development abuts a collector or arterial
street the Mifflinburg Borough Planning Commission may require an
internal street system, marginal access street, rear service street,
reverse frontage lots, shared driveways, or such other treatment as
will provide protection for abutting properties, reduction in the
number of intersections and driveways with the collector or arterial
street, and separation of local and through traffic. Direct individual
driveway access to SR0045, SR0104 and SR0304 shall be prohibited except
where the Mifflinburg Borough Planning Commission determines no feasible
alternative exists for access.
K.
Adequate vehicular and pedestrian access shall be provided to all
lots.
L.
Where streets continue into adjacent municipalities the applicant
shall coordinate the design of the street with both municipalities
in order to ensure uniform cartway widths, pavement cross sections,
and other public improvements.
M.
All proposed connections to existing streets shall be approved by
the Mifflinburg Borough Planning Commission.
N.
Streets shall be designed with drainage grates that are safe for
crossing by bicycles and horse drawn vehicles.
O.
All streets being offered for dedication must meet the Pennsylvania
Department of Transportation (PennDOT) requirements for liquid fuel
allocation and/or Borough standards as appropriate.
P.
When streets are offered for dedication the applicant shall provide
the required right-of-way, street geometry, street section, drainage
facilities, and traffic control. Additional infrastructure may be
required where design standards warrant further improvements based
on traffic impact studies.
Q.
Proposed private streets (those not offered for dedication) shall
meet all the design standards of this chapter, including but not limited
to right-of-way, curbs, sidewalks, drainage, construction, traffic
control, and setbacks.
R.
Where a subdivision or land development abuts or contains an existing
street right-of-way of improper width or alignment, the Mifflinburg
Borough Planning Commission may require the dedication or reservation
of additional land sufficient to widen the street or correct the alignment.
Where an additional dedication or reservation is required, all building
setback lines will be measured from such dedicated or reserved right-of-way
line.
S.
The Mifflinburg Borough Planning Commission shall have the right
to determine the classification of roadway and street systems. This
determination, if necessary, should be obtained prior to the design
process.
[Ord. No. 2022-04, 2/15/2022]
1.
The applicant shall prepare a traffic engineering report where any
of the following conditions exist:
A.
It is estimated that the subdivision or land development will generate
over 200 vehicle trips a day based upon the Institute of Transportation
Engineers generation rates.
B.
The subdivision or land development will result in the creation of
25 or more lots.
C.
Current traffic problems exist in the local area, such as a high
accident location, confusing intersection, or a congested intersection
that directly affects access to the subdivision or land development.
D.
The ability of the existing roadway system to handle increased traffic
or the feasibility of improving the roadway system to handle increased
traffic is limited.
E.
The proposed development alters the transportation patterns on a
public street providing access to the development or proposes the
removal or relocation of a street.
2.
The traffic engineering report shall be prepared under the supervision
of qualified and experienced transportation engineers with specific
training in traffic and transportation engineering and at least two
years of experience in preparing traffic engineering reports for existing
or proposed developments.
3.
The traffic engineering report shall at minimum be prepared in accordance
with PennDOT, Publication 201, "Engineering and Traffic Studies."
4.
The scope of the traffic study shall be reviewed and approved by
the Mifflinburg Borough Planning Commission and Mifflinburg Borough
Planning Commission Engineer prior to commencement. The scope shall
include the proposed intersection and roadway, as well as the surrounding
impacted transportation facilities.
[Ord. No. 2022-04, 2/15/2022]
1.
All new streets and roads shall be in accordance with those requirements
prescribed in the Borough's current Construction and Design Standards
for Streets and Local Roads.
A.
Right-of-way and cartway widths contained in this chapter are the
minimum required for public streets based upon the need to provide
efficient movement of vehicles, serve utilities, accommodate ponding
runoff, storage of plowed snow, emergency parking, temporary roadway
adjustments during maintenance and accidents, and to accommodate future
improvements.
B.
The applicant shall certify prior to final plan approval of a subdivision
or land development that title to any street right-of-way is free
and clear of all liens and encumbrances and that no prior right-of-way
has been granted to any utility or any other person.
C.
Right-of-way and cartway widths should not be less than those required
for all elements of the design cross sections, utility accommodation,
and appropriate border areas, such as in culs-de-sac, and by the PennDOT
Liquid Fuels Regulations. All plans shall be designed to provide for
the entire right-of-way and cartway widths. Refer to this chapter
and the Borough's current Construction and Design Standards for
Streets and Local Roads for the minimum local road requirements and
PennDOT Publication 72 M for arterial and collector streets.
D.
The Mifflinburg Borough Planning Commission shall reserve the right
to require a right-of-way width greater than PennDOT specifications
and the standards set forth in this chapter for reasons of public
safety and convenience, for acceleration and deceleration lanes into
parking lots, streets, or high density residential developments, or
to provide for future service roads.
E.
The right-of-way and cartway width of a new public street that is
a continuation of an existing street shall in no case be continued
at a width less than the existing street. Where the right-of-way and
cartway width of the new street is greater than the existing street,
a transition area shall be provided, the design of which is subject
to Mifflinburg Borough Planning Commission approval.
F.
All of the right-of-way shall be graded similar to the street grade.
The slope of banks along street centerlines shall be no steeper than
the following:
(1)
One foot of vertical measurement for three feet of horizontal
measurement for fills.
(2)
One foot of vertical measurement for two feet of horizontal
measurement for cuts. Where a cut or fill abuts a sidewalk there shall
be a two-foot level area adjacent to the sidewalk and the fill slope
shall not exceed three to one slope.
G.
Private rights-of-way shall be in accordance with those requirements prescribed for private streets in § 23-514 and the Borough's current Construction and Design Standards for Streets and Local Roads.
H.
Where a subdivision or land development adjoins undeveloped acreage,
new streets or reserved rights-of-way shall be provided to the boundary
lines of the development.
[Ord. No. 2022-04, 2/15/2022]
1.
Curbs and Gutters.
B.
Curbs shall be required on public and private streets in subdivisions
and land developments having lots 80 feet or less in width.
C.
Curbs shall be constructed in accordance with PennDOT Form 408 specifications
as from time to time amended and/or replaced.
D.
Concrete curb shall be 18 inches high, eight inches wide, and have
an exposed face of eight inches. Refer to Figure 1. Alternative types
of concrete curb can be approved at the Commission's discretion
with the concurrence of the municipality.
E.
Terminal concrete curbs or terminal radii shall be provided at the
start or cut-off locations as needed for streets to transition from
one pavement section to another.
F.
Curbing shall be designed to provide a ramp for bicycles and/or wheelchair
access at each intersection, at the principal entrances to buildings
which front on parking lots, and at all crosswalks.
2.
3.
Sidewalks and Pathways.
A.
Sidewalks shall be required for streets where any of the following
are met:
(1)
Distance to the nearest school is within state limits, which
requires students to walk rather than be transported;
(2)
To continue existing sidewalks from adjoining subdivisions or
land developments;
(3)
To provide access to community facilities such as schools, shopping
centers, recreation areas, etc.;
(4)
In subdivisions and land developments with lots less than 80
feet in width, including planned developments; and
(5)
Within planned business, commercial, and industrial developments,
apartment complexes, townhouses, condominiums, and mixed-use developments.
B.
Subdivisions and land developments not requiring sidewalks that are
located adjacent to or within a reasonable distance of an existing
or future rails to trails, rails with trails, greenway or other public
trail system, shall consider access from the proposed development
to the greenway or trail system through a network of pathways in the
design and layout of the plan.
C.
Pedestrian way easements 10 feet wide may be required by the Commission
through the center of blocks more than 600 feet long, to provide circulation
or access to schools, playgrounds, shopping, or other community facilities.
D.
Sidewalks, where provided, shall be located within and be parallel
to the street right-of-way; however, alternative locations will be
considered to preserve topographic features or to provide visual interest,
provided the applicant shows that an alternative systems maintains
safe and convenient pedestrian circulation to the satisfaction of
the Commission.
E.
Sidewalks, where provided, shall be on both sides of the street in
front of all residential units. In lieu of sidewalks the Commission
may alternatively approve pathways as part of a greenway network.
F.
The minimum width of all sidewalks and pathways shall be four feet.
Wider widths may be necessary near major pedestrian generators and
employment centers and to accommodate federal Americans with Disability
Act (ADA) requirements.
G.
There shall be a minimum three-foot planting strip of grass between
the curb or shoulder and the sidewalk. This planting strip may be
used for the location of underground utilities, streetlights, and
street signs. It may also be used for the planting of street trees;
however, tree location must be coordinated with the Borough and the
Borough's Shade Tree Commission.
H.
The grades and paving of the sidewalks shall be continuous across
driveways except in nonresidential and high-density developments and
in certain other cases where heavy traffic volume dictates special
treatment.
I.
Sidewalks shall be constructed to be consistent with the requirements of Chapter 22 of the Mifflinburg Borough Code of Ordinances (Streets and Sidewalks).
J.
Pathways may be constructed of other materials including pervious
materials, provided that the proposed materials and construction are
appropriate to the surrounding land use and to the expected volume
of pedestrian traffic, and are approved by the Commission Engineer.
K.
Sidewalks and pathways shall be laterally pitched at a slope toward
the street not less than 1/8 inch per foot to provide for adequate
surface drainage.
L.
At corners and pedestrian street-crossing points, sidewalks shall
be extended to the curbline with an adequate apron area for anticipated
pedestrian traffic and curb cuts and ramps designed in accordance
with ADA accessibility requirements.
M.
Sidewalks and pathways shall not exceed a seven-percent grade. All
sidewalks and ramps, e.g., slopes greater than 5%, shall be designed
in accordance with federal ADA accessibility requirements.
N.
Minimum construction standards for sidewalks shall be in accordance
with PennDOT Form 408 specifications.
4.
Street and Parking Lot Lighting.
A.
Street and parking lot lighting shall be provided in accordance with
an illumination plan designed in conformance with the standards of
the local electric utility company and coordinated with the Borough
of Mifflinburg.
B.
Street lighting shall be provided by the applicant and shown on subdivision
and land development plans as follows:
C.
A lighting plan shall be provided to illustrate the locations of
all freestanding and wall-mounted luminaries and the photogrametric
contours at 0.1 interval of candlepower.
D.
Street lighting shall be provided in parking areas, along sidewalks,
and between buildings as needed for public safety and convenience.
E.
The placement, height, and shielding of lighting standards shall
provide adequate lighting without hazard to drivers or nuisance to
nearby residents and the design of the lighting standard shall be
of a type appropriate to the development and the Borough. Refer to
Table 512-1 for the design requirements.
F.
Lighting types and levels shall be designed based on recommended
intensities specific to the area being lighted; however, in no case
shall lighting leaving the property exceed 0.5 footcandle intensity.
G.
All light fixtures, standards, and foundations shall be approved
by the Commission and all lighting plans shall be prepared by a person
qualified in the design field.
H.
All street and parking lot lighting shall conform to the requirements of the Zoning Ordinance (§ 29-518, Outdoor Lighting).
|
Table 512-1 - Lighting Requirements
| ||||||
|---|---|---|---|---|---|---|
|
Description
|
Fixture Type
| |||||
|
Non-Shielded Fixtures1
|
Shielded Fixtures - 90° Cutoff
|
Shielded Fixtures - <90° Cutoff
| ||||
|
Max. Permitted Illumination (Footcandles)
|
Max. Permitted Height
|
Max. Permitted Illumination (Footcandles)
|
Max. Permitted Height
|
Max. Permitted Illumination (Footcandles)
|
Max. Permitted Height
| |
|
Residential
|
0.20
|
10
|
0.30
|
15
|
0.50
|
15
|
|
Agricultural/
conservation
|
0.20
|
15
|
0.50
|
15
|
1.0
|
20
|
|
Commercial/
industrial
|
0.30
|
20
|
1.50
|
20
|
4.0
|
25
|
|
Institutional
|
0.30
|
20
|
1.50
|
25
|
4.0
|
30
|
|
Streetlighting
|
As per PennDOT requirements
| |||||
|
1
|
To be used for decorative lighting only.
|
5.
Street Signs.
A.
Design and placement of traffic control, regulatory, and street signs
shall be provided by the applicant as needed and shall follow the
requirements specified in PennDOT Publication 236M, Handbook of Approved
Signs.
B.
At least two street name signs shall be placed at each four-way street
intersection and one at each "T" intersection. Signs shall be installed
under light standards (where applicable) and be free from visual obstruction.
C.
The design of street name signs shall be consistent, of a style appropriate
to the municipality, of a uniform size and color, and erected in accordance
with municipal standards.
D.
Private streets shall be provided with street name signs in accordance
with this section and the plan shall note that it is the responsibility
of the developer to install the street name signs for private streets.
E.
The owner/developer shall be responsible to obtain and install all
necessary street signs and posts in accordance with the materials
and workmanship prescribed in PennDOT Publication 408 and all other
applicable federal, state, county and local requirements.
6.
Street Trees.
A.
A minimum of two street trees with a minimum caliper of two inches
shall be planted for every 100 feet of street on both sides of the
street in an alternating manner in residential developments with densities
greater than one dwelling unit per acre and in commercial land developments.
B.
The trees shall be of sound nursery stock and shall consist of species
suitable for the site conditions and tolerant of roadside conditions.
Native species are preferred and under no circumstances will any species
recognized as invasive be permitted.
 |
 |
C.
Tree selection shall follow the recommend selection criteria based
on the current Borough Shade Tree requirements and Figures 2 and 3
above.
D.
Trees shall be placed along right-of-way lines or setback from streets
in a sufficient manner to maintain sight distance and safety.
[Ord. No. 2022-04, 2/15/2022]
1.
All streets shall be named.
2.
Continuations of existing streets shall be known by the same name.
3.
Names for new streets shall not duplicate or closely resemble names
of existing streets or approximate such names by the use of suffixes
such as "lane," "way," "drive," "court" or "avenue."
4.
All new street names are subject to review and approval of the Union
County GIS Department and shall be consistent with the County Street
Naming and Addressing Ordinance, policies, rules and/or regulations.
5.
Notice from the Union County GIS Department that the proposed new
street names are acceptable shall be submitted prior to plan approval.
[Ord. No. 2022-04, 2/15/2022]
1.
Lot Access. Access to any lot, tract, parcel, subdivision or development
shall be provided in a manner that promotes a safe and efficient ingress
and egress to a public street, limits the number of driveways, and
promotes common points of ingress and egress that are adequate for
existing and future growth, and in accordance with the following:
A.
The Commission may disapprove any point of ingress or egress to any
lot, tract, parcel, or development from any street or highway when
the proposed ingress or egress would create unsafe conditions, reduce
the capacity of the adjoining street or highway, or result in substandard
circulation and impaired vehicle movement.
B.
The Commission may require the applicant to provide ingress and egress
to a particular lot or tract through the remainder of his property
or other properties over which the applicant has control.
C.
In approving ingress and egress from any state road or highway, the
Commission can only approve those access points that are not in conflict
with safety standards of PennDOT. A Highway Occupancy Permit is required
for each access point onto a state highway.
D.
The receipt of a Highway Occupancy Permit does not assume direct
approval of the Commission. The Commission may require the applicant
to reapply for a permit if the location of the PennDOT approved access
is in conflict with any provision of this chapter or if the Commission
feels the location of the access will hinder the safe and efficient
movement on any state road or highway or the proper development of
the site.
E.
In instances where access onto a Borough street is proposed as part
of a subdivision or land development proposal, or driveway permit
requirement, the applicant shall include a copy of a driveway permit
as part of the plan submission, or a disclaimer signed by the applicant
acknowledging this permit requirement shall be placed on the plans.
F.
Direct individual driveway access to SR 0045, SR 0104, and SR 0304
is highly discouraged and in most cases will be prohibited. However
on a case-by-case basis direct access may be allowed if, in the sole
discretion of the Commission: no other feasible access is available,
the proposed driveway complies with Table 514-1 of this chapter, and
unsafe conditions are not otherwise created.
2.
Access Over the Lands of Others.
A.
Generally the same road construction specifications should apply
within the easement/right-of-way over lands of others as shall apply
within the property being subdivided/developed. It shall be the applicant's
responsibility to make any required improvements subject to obtaining
the necessary rights to do so over lands of others. When a landlocked
parcel exists which is proposed to be developed or subdivided, the
applicant shall give notice to prospective buyers that the access
is not a public street.
B.
A notice shall be given in three forms:
(1)
A letter shall be submitted from the developer's attorney
and shall contain specific identification of the plan by name and
number and a statement that the developer has authorized the letter.
The letter should also specify the following:
(a)
Identify the location of the access road, describe the existing/proposed
features: i.e., right-of-way width, length, cartway width, type of
construction, etc.
(b)
A list of all construction and design standards as specified
in this chapter that cannot be met and reasons why the normal and
customary standards cannot be met.
(c)
A clear opinion of the developer's attorney that the applicant
and all prospective purchasers will have either an easement or right-of-way
across intervening lands of others. There must be a statement that
access is not restricted in any manner, other than such limitation
expressly contained in the letter.
(2)
Notation on the plan to be recorded shall reflect the above
situation and be in a prominent location in larger and bolder type
than customary plan notes. The note shall describe the location and
design of the access road over land of others, identify all normal
construction or design standards which are not met, and describe the
legal nature of the applicant's use (i.e., easement or right-of-way).
Such note shall also relieve the county and the municipality of any
liability with respect to the provision of an access road by a statement
placing such responsibility on either the seller and/or the buyer.
(3)
Preparation of proper legal documentation concerning the easement
rights and responsibilities for that portion of the access easement
over lands of others, for recording in the Union County Recorder of
Deeds Office.
3.
Driveways. Proposed driveways shall conform to the standards of the
Borough of Mifflinburg that may exist within the applicable zoning
ordinance or separately adopted driveway ordinance. Additionally,
all driveways shall, at a minimum, be designed in accordance with
the following:
A.
All proposed lots shall be situated in such a fashion that safe and
efficient driveway access can be provided onto a public or private
street in accordance with this section in order to facilitate the
design of common points of ingress and egress that are adequate for
existing and future growth.
B.
Driveways shall not interfere with the normal traffic movement nor
be inconsistent with the design, maintenance, and drainage of the
street.
C.
The Commission may require the joint or shared use of driveways to
provide ingress and egress when such design would increase traffic
safety by decreasing the potential for vehicular conflicts. In such
cases a shared driveway maintenance and use agreement must be entered
into by the respective property owners and recorded with the subdivision
or land development plan.
D.
In general all private driveway access shall be to a public street;
however, private driveway access to private streets or across the
lands of another shall only be permitted in the following circumstances:
(1)
Private driveway access shall be permitted to private streets
when said streets are permitted under this chapter.
(2)
Private driveway access over lands of another shall be permitted
only where:
(a)
Not more than two lots are involved;
(b)
A complete right-of-way or easement agreement is prepared in
a form acceptable to the Commission;
(c)
The total number of lots involved shall include all existing
and/or proposed lots utilizing the private driveway for access; and
(d)
All of the other requirements of this chapter are met.
E.
Requirements for private driveway access agreement(s) are as follows:
(1)
The private driveway access easement shall be designed to provide
a driveway to accommodate traffic volumes of 25 vehicles per day or
less and shall be constructed to provide a sound, all-weather driving
surface, reasonably smooth and free from mud, dust or standing water.
In no case shall the materials have less than an eight-inch depth
of 2A or 2RC aggregate subbase.
(2)
A private right-of-way agreement shall be properly executed
between the landowner granting access and all affected parties abutting
and adjoining said easement and shall create a private right-of-way
which shall be covenant running with the land. This agreement shall,
at a minimum, include the provisions contained in Appendix F[1] of this chapter and shall be recorded with the Union County
Recorder of Deeds as part of the final plan and subsequently reflected
in the deeds of all future lot owners.
[1]
Editor's Note: Said appendix is on file in the Borough
offices.
F.
Driveway Classifications. For the purposes of this section driveways
are separated into the following four classifications.
(1)
Minimum-Use Driveway: A driveway normally used by not more than
25 vehicles per day (See Figures 4 and 5 below), such as single-family
dwellings, duplexes, or apartments with five units or less.
 Figure 4
|
 Figure 5
|
(2)
Low-volume driveway: A driveway normally used by more than 25
vehicles per day but less than 750 vehicles per day (see Figure 6),
such as office buildings, elementary and junior high schools, or car
washes.
 |
(3)
Medium-volume driveway: A driveway normally used by more than
750 vehicles per day but less than 1,500 vehicles per day, which does
not normally require traffic signalization (See Figure 7), such as
motels, fast-food restaurants, or service stations and small shopping
centers or plazas.
 |
(4)
High-volume driveway: A driveway normally used by more than
1,500 vehicles per day, which often requires traffic signalization
(See Figure 8), such as large shopping centers or multibuilding apartment
or office complexes.
 |
G.
Driveway Design Standards. Driveways shall be designed in accordance with Table 514-1, Figure 9 and all other geometric design standards not presented in Table 514-1 shall be in accordance with §§ 23-511, 23-512 and 23-513 of this chapter.
(1)
Driveways shall have a throat width, length, and curb return
radii based on the volume and type of traffic and in accordance with
Figures 4 through 8.
|
Table 514-1 - Driveway Requirements
| ||||
|---|---|---|---|---|
|
Street Designation
|
Min. Distance Between Driveways
(feet)
|
Max. Driveways Per Lot
|
Minimum Setback
| |
|
Intersections
(feet)
|
Property Lines
(feet)
| |||
|
Limited access highway or principal arterial
|
600
|
1
|
600
|
10
|
|
Minor arterial
|
400
|
1
|
400
|
10
|
|
Major collector
|
200
|
1
|
200
|
10
|
|
Local
|
100
|
1
|
100
|
10
|
 |
H.
Driveways shall be located at a point within the property frontage
that provides at least the minimum sight distance as prescribed below.
(1)
Sight distances shall be in accordance with this chapter and
Ordinance 84-14 (12/18/1984), as amended by Ordinance 2008-1 (4/15/2008),
known as the Mifflinburg Borough Zoning Ordinance,[2] but in no case shall the sight distances be less than
the minimum safe stopping sight distance as computed in accordance
with Commonwealth of Pennsylvania, Title 67, Transportation, Chapter
441 as from time to time reenacted, amended, and/or replaced.
[2]
Editor's Note: See Ch. 229, Zoning.
(2)
If sight distance requirements specified in this section cannot
be met, the Commission may:
(a)
Prohibit left turns by exiting vehicles;
(b)
Restrict turning movements to right turns in and out of a driveway;
(c)
Require installation of a right turn acceleration or deceleration
lane;
(d)
Require installation of a separate left turn standby lane;
(e)
Alter the horizontal or vertical geometry of the roadway;
(f)
Require the removal of the physical obstruction from the line
of sight; or
(g)
Deny access to the highway.
I.
Driveways shall be constructed in the following manner:
(1)
All driveway cartways shall be constructed of a suitable stone
base material appropriately compacted and graded to provide a permanent,
sound, all-weather driving surface, reasonably smooth and free from
mud, dust or standing water, designed to facilitate stormwater drainage
patterns.
(2)
Driveways shall not be less than 10 feet in width and shall
meet the design requirements depicted in Figures 7, 8, 9, 10, 11 and
12 and Table 514-1 of this section.
(3)
All driveways shall be constructed so as not to impair drainage
within the right-of-way, alter the stability of the improved area,
or change the drainage of adjacent areas.
(4)
Where a drainage ditch or swale exists the applicant shall install
adequate pipe under the driveway in accordance with PennDOT Publication
408. Drainage pipe installed under driveways shall meet the design
requirements of applicable county and DEP approved Act 167 stormwater
management plans, municipal stormwater management ordinances, and/or
stormwater management provisions contained in this chapter.
(5)
The side slopes for driveway embankments within the right-of-way
shall not be steeper than 10 to one.
(6)
Driveways that are gated shall have gates located a minimum
of 30 feet from the public right-of-way and shall not open outward.
Fire Department personnel shall have ready access to locking mechanisms
on any gate restricting access.
[Ord. No. 2022-04, 2/15/2022]
1.
Subdivisions and land developments shall provide off-street parking
and loading areas designed to promote orderly and safe parking of
vehicles and deliveries in accordance with the Zoning Ordinance.[1]
A.
General Design.
(1)
To the maximum extent practical parking and loading areas shall
be provided at the side or rear of buildings in order to eliminate
the visual impact of vast areas of pavement.
(2)
Adequate provision shall be made for ingress and egress to all
parking and loading spaces and areas.
(3)
Customer parking and circulation shall be separated from delivery
service drives and loading areas.
(4)
Parking and loading areas shall be located entirely on the lot
being served except where shared parking facilities are developed
to serve multiple adjacent lots.
(5)
Off-street parking and loading areas shall be designed so that
vehicles do not back or park over or into public walkways, sidewalks,
and rights-of-way.
(6)
Curb radii or aisle treatments in parking areas shall be four
feet or greater to promote efficient turning movements.
(7)
All dead end parking lots shall be designed to provide, when
necessary, sufficient back-up at stalls.
(8)
Setback Distance. Parking and loading areas shall be set back
a minimum of 15 feet from street right-of-way lines and a minimum
of 10 feet from side and rear property lines.
(9)
Access. Access to off-street parking areas shall be limited
to a minimal number of well-defined entrance and exit lanes that are
separated by dividers, planting islands, or in the case of low-volume
facilities, pavement markings. In no case shall unrestricted access
along the length of a street upon which the parking abuts be permitted.
(10)
Painted lines, arrows, dividers and signs shall be provided
to delineate and control parking, loading areas and internal circulation.
(11)
Any lighting used to illuminate off-street parking or loading
areas shall be mounted and shielded in such a manner to effectively
eliminate direct glare on adjacent properties or upon public streets.
(12)
All parking and loading areas shall include a minimum landscaped buffer of five feet between the parking or loading area and right-of-way in accordance with landscaping and buffer requirements in § 23-516 of this chapter.
(13)
Where parking areas for nonresidential and multifamily uses
contain five or more spaces and are adjacent to residential or institutional
developments, a solid screen of attractive fencing or evergreen vegetation
shall be provided to a minimum height of five feet.
(14)
Large parking areas containing more than 40 spaces shall be
broken down into sections, where possible. Landscaped dividing strips,
berms, and similar elements shall separate large parking areas.
B.
Construction Material. Parking and loading areas, service drives, and exit and entrance lanes shall be designed and constructed in accordance with § 23-515 of this chapter. The Commission may, on a case-by-case basis, permit parking areas for certain smaller land developments considered to have minimum use and low volume entrances to be surfaced with a dust free all weather material such as compacted limestone. In such cases the area within the street right of way or a length of 15 feet, whichever is greater, of exit and entrance lanes shall be paved.
C.
Off-Street Parking Requirements.
(1)
Spaces Required. The number of parking and loading spaces required shall be furnished in accordance with Chapter 29 of the Mifflinburg Borough Code of Ordinances (Zoning).
(2)
Parking Space Dimensions. Individual off-street parking spaces
shall be nine feet by 18 feet with the following exceptions:
(3)
Parking facilities shall be located within the distances specified
herein for the intended land use as measured from the furthest parking
space, but in no case shall the distance exceed any requirements set
forth by the Americans with Disabilities Act (ADA) or by the Pennsylvania
Department of Labor and Industry (L&I).
(a)
Commercial and industrial development: a maximum of 1,000 feet
for employee parking and 500 feet for customer parking.
(b)
Single-family or two-family structures: off-street parking shall
be provided behind the right of way line and may take the form of
attached or separate garage(s), carport(s), or driveway(s).
(c)
Multifamily structures: off-street parking shall be located
within 100 feet of the structure.
D.
Parking Facilities for Mixed-Use Developments. For mixed-use developments
the applicant can request approval from the Commission for shared
parking following the methodology described in the publication Shared
Parking by the Urban Land Institute and Barton Aschman-Associates,
Inc. (Urban Land Institute, 1983) and Shared Parking Planning Guidelines
by the Institute of Transportation Engineers, (1995).
E.
Phased Parking and Parking Oversupply.
(1)
Where the total number of off-street parking spaces required
may not be immediately required for a particular use, a phased parking
plan may be permitted by the Commission, requiring that a portion
of the parking area, not less than 65% of the required spaces, be
completed initially.
(2)
The site plan shall clearly indicate both the portion of the
parking area to be initially paved and the remaining parking needed
to provide the number of required spaces.
(3)
The site plan shall provide for adequate drainage of both the
partial and total parking areas.
(4)
The portion of the parking area not to be paved initially shall
be landscaped.
(5)
The applicant shall post a separate performance guarantee, in
addition to the performance guarantee required for other improvements,
which shall reflect the cost of installing the additional parking
necessary to provide the total number of parking spaces required.
(6)
Prior to the expiration of a two-year period, the applicant
may either install the additional parking shown on the site plan,
or apply to the Planning Commission after the use has been in operation
for 18 months for a determination as to whether or not the initial
parking area provided is adequate. If the Planning Commission determines
that the parking facility is adequate as originally constructed, the
parking performance guarantee shall be released. If, however, the
Planning Commission determines that the partial off-street parking
area is not adequate, the applicant shall be required to construct
the additional parking facilities in accordance with the terms of
the performance guarantees. The Commission will require the applicant
to provide a parking study prepared by a licensed professional engineer.
(7)
Parking Oversupply. Where the strict application of the parking space requirements presented in Chapter 29 of the Mifflinburg Borough Code of Ordinances (Zoning) would result in an oversupply of parking spaces, based upon a parking analysis conducted by a licensed professional engineer experienced in the construction and design of parking facilities, the applicant may request that the Commission, with approval of the Commission Engineer, permit a reduced number of parking spaces to be constructed, with the balance set aside in a natural state and a parking easement in place for future expansion if at some point it is necessary. As an alternative the applicant may request that a percentage of the parking area be delineated as peak or overflow parking, permitted to be constructed with a grass paver, reinforced turf grass, or other pervious construction methods approved by the Commission Engineer.
F.
Handicapped Parking Requirements.
(1)
All nonresidential and multifamily off-street parking areas
shall provide spaces for use by motor vehicles that transport physically
disabled persons in accordance with ADA standards.
(2)
Accessible parking spaces shall be located on the shortest accessible
route of travel from adjacent parking to an accessible entrance. In
buildings with multiple accessible entrances with adjacent parking,
accessible parking spaces shall be dispersed and located closest to
the accessible entrances.
(3)
All spaces shall be clearly identified with pavement markings
and a sign that includes the international symbol for barrier-free
environments. The sign shall include a statement informing the public
that the parking space is reserved for use by physically disabled
persons and what the fines are for illegally parking in spaces reserved
for physically disabled persons.
(4)
Space Dimensions. Parking spaces reserved for use by the physically
disabled shall be designed and constructed in accordance with ADA
requirements but in no case shall they be less than 12 feet in width.
(5)
Required Spaces. Where buildings are required to be accessible
as per ADA or PA L&I requirements accessible spaces shall be provided
in accordance with Table 515-1.
|
Table 515-1
| |
|---|---|
|
Total Spaces In Lot
|
Handicap Accessible Spaces Required
|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
2% of total
|
|
1,001 and over
|
20 plus 1 for each 100 over 1,000
|
G.
Bicycle Parking Facilities. Nonresidential land uses that could be
visited by bicyclists or could have employees commute to work on bicycles
shall provide bicycle-parking facilities in accordance with this section.
(1)
Five percent of the first 50 vehicular spaces shall be for bicycle
use. If more than 50 spaces are to be provided, at least 3% of the
number of spaces over 50 shall be for bicycle use.
(2)
Each bicycle space shall be equipped with a device to which
a bicycle frame and one wheel can be attached using a chain or cable.
There shall be adequate separation between adjacent bicycles to be
attached or removed without moving other bicycles. The appearance
of such devices shall be consistent with nearby urban design features.
(3)
Bicycle parking spaces shall be convenient to the structure
for which they are provided and shall be visible from at least one
entrance to the structure.
(4)
Bicycle parking devices shall permit at least two feet of free
space between any device and the edge of the curb or sidewalk.
H.
Loading Area Requirements.
(1)
All nonresidential uses shall provide adequate loading area
spaces to accommodate the intended needs of the proposed land use
either inside or outside of a building.
(2)
All loading area spaces shall not be less than 10 feet in width
nor less than 50 feet in length and shall have an overhead clearance
of not less than 14 feet.
(3)
Loading areas adjacent to residential or institutional land
uses shall provide a solid screen of attractive fencing or evergreen
vegetation to a minimum height of six feet.
(4)
Loading areas shall be designed to accommodate easy ingress
and egress of all delivery vehicles and shall be designed to prevent
interference with the flow and safety of traffic and pedestrians.
[1]
Editor's Note: See Ch. 229, Zoning.
[Ord. No. 2022-04, 2/15/2022]
1.
General.
B.
Applicants shall submit a landscape plan that includes the botanical
names, common names, size, quantity, and general remarks for each
plant proposed.
C.
All landscaping and buffer yards shall be installed on the subject
tract at the time of its development. Existing plant material to be
preserved may be counted as contributing to the requirements contained
herein.
D.
Open storage areas, exposed machinery, service loading and trash
disposal areas (such as dumpster or compactor sites) shall be effectively
screened so as not to be visible from parking areas, roadways, or
adjacent properties. Such areas shall be screened with architectural
masonry, fencing, or landscaping with a height of at least six feet.
E.
Buffer yards may be used for passive recreation and for pedestrian, bicycle, or equestrian trails, provided that adequate plant material is retained to achieve the buffer effect, the total width of the buffer yard is maintained, and all other Ordinance requirements are met. The buffer yard is the applicable building setback area plus any additional buffer requirements required by Subsection 4.
F.
All landscape plantings shall be selected, considering the proper
species and growth characteristics, to ensure adequate health and
character with the existing and proposed conditions, such as overhead
utilities, light, moisture, tolerance of road salts, leaf and fruit
litter and confinements.
G.
Plant species utilized in parking lots shall be tolerant of urban
conditions.
H.
Where possible, a hardy mix of native tree, shrub, and grass species
shall be utilized for landscaping, and in no case shall plants identified
as invasive species be used.
I.
Plantings and other landscape treatments (i.e., architectural masonry
walls, fences, berms) shall be appropriately located, clustered and
spaced at strategic locations along all property lines, road frontage
and within parking areas to provide the maximum screening, buffering
and aesthetic appeal. The exact placement of required plants and structures
is the decision of each applicant, except that the following conditions
shall be met:
(1)
Where a combination of plant materials and fencing is used the
fence shall be located to the interior or toward the more intensive
use, and the plant material shall be located toward the less intensive
use.
(2)
Landscape plantings shall be installed in such a manner as to
provide clear sight distance triangles at all road and driveway intersections.
(3)
The applicant may establish, through a written and recorded
agreement, that the immediately adjacent property owner(s) agree to
allow a portion or the entire required buffer yard or landscape treatment
on immediately adjacent portions of their land.
J.
Applicants are encouraged to integrate stormwater management into
landscaping areas in the form of bio-retention and infiltration areas
and other best management practices (BMPs).
K.
The requirements of this section are in addition to applicable street tree requirements contained in § 23-512 of this chapter.
L.
All new plantings, and existing plant material credited toward meeting
the requirements of this section, shall be maintained and shall be
replaced by and at the expense of the developer or responsible maintenance
entity when they become diseased, fail to deliver the intended landscaping
and buffer effect, or die.
M.
Landscaping and screening for agricultural uses shall be decided
by the Borough Designee on a case-by-case basis. The Designee may
consult the Mifflinburg Borough Planning Commission as needed.
2.
Classification of Plant Materials. For the purposes of this chapter,
plant materials are classified into four types: deciduous trees, evergreen
trees, deciduous shrubs and evergreen shrubs. The Penn State Cooperative
Extension Office and the Pennsylvania Department of Conservation and
Natural Resources Service Forester should be able to provide assistance
in determining tree species compatible with the Borough climate and
soil conditions that are suitable for buffer yard, parking lot and
general landscaping use.
3.
Required Plantings. The number and quality of trees and shrubs for
each development site shall be determined as follows:
A.
Deciduous trees shall have a minimum caliper measurement of 2 1/2
inches, measured a minimum of six inches above the soil line and shall
have a minimum height of six feet.
B.
Evergreen trees shall have a minimum height of six feet.
C.
Evergreen shrubs, except for those used in low ground covers, shall
have a minimum height of 24 inches, except that where used in combination
with an earthen berm approved by the Commission, the height may be
reduced to 18 inches.
D.
Deciduous shrubs shall have a minimum height of 24 inches, except
that where used in combination with an earthen berm approved by the
Commission, the height may be reduced to 18 inches.
E.
Each site shall have a minimum of 12 deciduous or 15 evergreen trees
and three deciduous shrubs or six evergreen shrubs for each one acre
of the development, or any combination of the above that meets the
intent of this section (e.g., six deciduous trees and eight evergreen
trees plus two deciduous shrubs and two evergreen shrubs per acre).
As an alternative, 10 deciduous trees or 12 evergreen trees for each
one acre of the development shall be required if deciduous trees are
four inches in caliper or greater and evergreen trees are nine feet
in height or greater. Sites less than one acre shall provide a proportionate
number of the required per acre plantings.
F.
Five deciduous shrubs may be substituted for one deciduous tree and/or
five evergreen shrubs may be substituted for one evergreen tree for
a maximum of 20% of the tree requirement. The preservation of existing
trees may also satisfy this requirement. A tabulation of this requirement
shall be summarized on each landscape plan submitted.
G.
Applicants may substitute the use of earthen berms and fencing for
a portion of the required plantings, as permitted on a case-by-case
basis by the Commission. Earth berms can vary in height and width,
but should not be less than six feet in height including planting
types selected.
H.
The Commission will require additional planting densities and structural
treatments where appropriate, due to land use incompatibility and
visual impacts resulting from the proposed development.
4.
Parking Lot Landscaping Standards.
A.
All residential and nonresidential parking lots with 20 or more parking
spaces shall contain a minimum amount of landscaping within the parking
lot interior and adjoining entrance drives and circulation drives.
B.
Parking aisles exceeding 20 contiguous spaces shall be separated
by a planting area.
C.
One hundred fifty square feet of landscaped area shall be provided
per 20 parking spaces in the parking lot interior.
D.
Parking and storage of vehicles in front yards of properties, other
than lots in single-family subdivisions, shall be screened from the
public right-of-way by an earthen berm and/or plant material which
provides a dense visual screen.
5.
Landscaping and Buffer Yard Maintenance.
A.
It shall be the responsibility of the developer, property owner or
an association of property owners to permanently maintain required
landscaping and buffer yards.
B.
Any plant material that does not live shall be replaced within one
year.
C.
In the event the developer, property owner, or an association of
property owners, or their heirs, successors, and assigns fail to maintain
the required landscaping and buffer yards, the Borough of Mifflinburg
may enter the property and take necessary and prudent action to maintain
said landscaping and buffer yards, and to charge the costs of maintenance
and/or repairs to the developer, property owner, or association of
property owners. However, the Borough of Mifflinburg is under no obligation
to conduct said maintenance.
[Ord. No. 2022-04, 2/15/2022]
1.
All new sanitary sewer facilities shall be in accordance with those
requirements prescribed in the Borough's current Construction
and Design Standards for Sewage Facilities.
A.
General Requirements.
(1)
All subdivisions and land developments shall be provided with
sanitary sewage facilities in accordance with the Borough of Mifflinburg's
official Act 537 Municipal Sewage Facilities Plan and the laws of
the Commonwealth of Pennsylvania.
(2)
Applicants shall submit all necessary plans and specifications
for the entire sanitary sewage disposal system, including the facilities
related to collection, conveyance, and treatment.
(3)
Plan applications shall not be approved until the applicant
has received all necessary sewage planning approvals from the Borough
and the PA DEP.
(4)
Subdivisions and land developments shall be connected to an
existing public sewer system unless the applicant can clearly demonstrate
that such connection is not feasible, or the PA DEP recognizes an
alternate method of disposal. The Commission may require the applicant
to have a feasibility study prepared by a registered professional
engineer to show that a connection is not feasible.
(5)
In those areas presently served by on-lot sewage disposal but
are to be served by municipal sewer service within five years, the
Borough may require capped sewers, if recommended by the Borough,
sewer service provider, other local responsible agency and/or the
PA DEP.
(6)
All plans for sanitary sewer systems (both public and private)
shall be designed by a registered professional engineer in accordance
with the requirements of the PA DEP or other governing rules and regulations,
and shall be approved by the Borough Engineer, the Borough, and the
PA DEP.
(7)
Subdivisions and land developments proposing no development
of buildings or improvement of land for purposes requiring sewage
facilities need not provide sanitary sewage facilities if the PA DEP
has approved a non-building waiver request. Where a waiver is approved
by the Sewage Enforcement Officer and PA DEP, the final plan for recording
shall include the standard non-building notation. However, in all
cases it shall be clearly demonstrated that either public sewer or
on-lot sewage disposal can be achieved.
(8)
Lot additions and consolidations need not provide sanitary sewage
facilities if the receiving tract(s) has an existing permitted method
of sewage disposal or if the Sewage Enforcement Officer and PA DEP
has approved a non-building waiver request. Where a waiver is approved
by the PA DEP, the final plan for recording shall include the applicable
notation required by the PA DEP.
(9)
All subdivision and land development plans shall contain appropriate
notation indicating the method of sewage disposal.
(10)
All construction and design standards shall comply and be in
accordance with the Borough's Construction and Design Standards
for Sewage Facilities, as from time to time reenacted and amended
by resolution of Borough Council.
B.
Public Sanitary Sewer. Where connection to public sewer is proposed,
the applicant shall obtain all required sewage planning approvals
from the Borough of Mifflinburg and the PA DEP, and a letter from
the Borough of Mifflinburg stating the following:
C.
Private Sanitary Sewer. Where connection to an existing public sewer
system is not available, or has been determined to be unfeasible to
the satisfaction of the Borough, the Borough may require the applicant
to evaluate the installation of a privately owned sanitary sewer system.
Where the use of a private sanitary sewer is proposed the applicant
shall provide the following:
(1)
A detailed operations and maintenance plan;
(2)
All required sewage planning approvals from the municipality
and the PA DEP.
(3)
Agreements or covenants, acceptable for recording, as deemed
necessary by the Borough, and/or the PA DEP, to guarantee the maintenance
and operation of said facility;
(4)
A note on the plan and a clause in all deeds for lots referring
to any maintenance agreements or covenants; and
(5)
Any terms stipulating conditions of metering, inspection, rights
of access, minimum standards for materials and workmanship, testing
and enforcement.
D.
On-Lot Sewage Disposal. Where connection to an existing public sewer
system or the installation of a private system is not feasible, the
applicant may propose to utilize on-lot sewage disposal technology
in accordance with this section.
(1)
Applicant shall have soil percolation tests performed by the
Mifflinburg Borough Sewage Enforcement Officer, with no less than
one test pit per lot shown on the plan, and where marginal conditions
are discovered, satisfactory alternative sites shall be identified
and preserved.
(2)
Each lot shall be of a size and shape to accommodate the necessary
on-lot sewage disposal systems in accordance with setback and design
standards established by the Borough's Zoning Ordinance or PA
DEP. Such standards shall ensure safe distances from buildings, property
lines, water supplies and other improvements affecting normal function.
The on-lot sewage disposal system shall be located on and fully contained
within the lot it is intended to serve.
(3)
The proposed on-lot sewage disposal system shall be approved
by the PA DEP through the appropriate sewage planning review process,
and written confirmation shall be received by the Borough prior to
plan approval.
(4)
The Commission shall not approve any subdivision or land development
where an application fails to meet the required on-lot sewage planning
requirements of the Borough of Mifflinburg, the PA DEP, and this chapter
and/or a sewage permit cannot be obtained.
[Ord. No. 2022-04, 2/15/2022]
1.
All new water facilities shall be in accordance with those requirements
prescribed in the Borough's current Construction and Design Standards
for the Supply of Water.
A.
General Requirements.
(1)
All subdivisions and land developments shall be provided with
an adequate and safe supply of water for all intended land uses, and
said water supply shall meet all applicable federal, state, and local
drinking water standards or be capable of economical treatment to
attain such quality standards.
(2)
Applicants shall submit all necessary plans and specifications
for the entire water supply system including the facilities related
to sources, storage, treatment, and distribution.
(3)
For subdivisions and land developments not connecting to a public
water supply, the Commission may require the applicant to demonstrate
that a reliable, safe and adequate supply exists to support the water
usage demands of the proposal without detrimental effects to future
users and water sources of adjacent land uses. Such analysis would
at a minimum contain information regarding estimated water demand,
source of supply and capacity, source reliability, and source quality.
The Commission reserves the right to require the applicant to drill
a test well for the establishment of water quality and quantity in
that area.
(4)
In areas where known groundwater problems exist, resulting from
contamination or inadequate yields of potable supplies, the Commission
may require the applicant to provide a feasibility study by a licensed
professional engineer or hydrogeologist to evaluate the adequacy of
water quality and quantity for the proposed development.
(5)
Applications for plan approval shall not be granted until the
applicant has received all necessary water supply approvals from the
Borough of Mifflinburg, the PA DEP, and/or the Susquehanna River Basin
Commission.
(6)
Subdivisions and land developments shall be connected to the
Borough's water supply system unless the applicant can clearly
demonstrate that such connection is not feasible. The Commission may
require a feasibility study prepared by a registered professional
engineer to show that a connection is not feasible.
(7)
In those areas presently served by on-lot water supply wells,
but proposed to be served by a public water supply within five years,
the Commission may require the installation of a capped water distribution
system if recommended by the Borough of Mifflinburg, the water service
provider, other local responsible agency and/or the PA DEP.
(8)
All plans for water supply systems (both public and private)
shall be designed by a registered professional engineer and shall
conform to current regulatory requirements. The local water supplier,
the municipal engineer and/or Commission Engineer, the Borough of
Mifflinburg and the PA DEP shall approve them.
(9)
Fire hydrants shall be installed as an integral part of any
public or private water supply system and the placement, design, and
construction of such shall meet the specifications of the local fire
company, the public water supplier, and the municipality when applicable.
(10)
All subdivision and land development plans shall contain appropriate
notation indicating the method of water supply.
(11)
All construction and design standards shall comply and be in
accordance with the Borough's Construction and Design Standards
for the Supply of Water, as from time to time reenacted and amended
by resolution of Borough Council.
B.
Public Water Supply. Where connection to the Borough's public
water supply is proposed, the applicant shall provide a written statement
from the Borough indicating that sufficient supply to serve the proposed
development is available, and such notice shall:
(1)
Be dated within 45 days of the plan application;
(2)
Provide water supply for the entire development (partial supply
based upon phases of development will not be accepted); and
(3)
Include a statement from the Borough indicating approval of
the plans for design, construction standards, installation, and financial
guarantees.
C.
On-Lot Water Supply. Where connection to an existing public water
supply or the installation of a private water supply is not feasible
the applicant may utilize on-lot water supply in the form of individual
water wells in accordance with this section.
(1)
Wells shall be installed according to applicable federal, state,
and local well construction and permitting standards.
(2)
Wells shall be adequately isolated from on-lot sewage treatment
facilities in accordance with the requirements of the PA DEP and the
Borough of Mifflinburg and shall be safely isolated and protected
from other potential sources of contamination.
[Ord. No. 2022-04, 2/15/2022]
1.
Electric, telephone, television cable, and other utilities, both
main and service lines, shall be placed underground within easements
or dedicated public rights-of-way, but not under cartways unless approved
in writing by the Borough of Mifflinburg.
2.
All utilities shall be installed in accordance with the prevailing
standards and practices of the utility or other companies and authorities
providing such services and the laws of the commonwealth, including
without limitation, the Pennsylvania Underground Utilities Act No.
50 of 2017 (73 P.S. § 176 et seq.).
3.
Underground utility installation shall not be required for the following:
A.
For a residential subdivision of less than five lots bordering an
existing street which is presently served by overhead utility service;
B.
For service to a commercial or industrial development; and
C.
For a project where the local utility service provider determines
that the physical conditions render such underground installation
unfeasible.
4.
Underground installation of the utility distribution and service
lines shall be completed prior to street paving, storm drainage, and
curbing and sidewalk installation.
5.
The Commission may require the installation of utilities prior to
final plan approval where the cost of installation, including the
cost of excavation for underground utilities, will not be completely
paid by the utility company. In each case the Commission shall also
consider the procedures for the applicable utility company involved
with the extension of services.
[Ord. No. 2022-04, 2/15/2022]
1.
The purposes of this section are to control accelerated runoff, erosion
and sedimentation; promote the utilization and preservation of desirable
existing natural drainage systems; encourage groundwater recharge;
maintain existing natural flows of streams, including quantity, peak
flows, flow type, and quality; preserve and restore flood-carrying
capacity of streams; provide for proper maintenance of all permanent
stormwater management structures; protection of wellhead areas and
community water supplies, and protection of downstream properties
from impacts resulting from increased development.
2.
All new stormwater facilities shall be in accordance with those requirements
prescribed in the Borough's current Construction and Design Standards
for Stormwater Management Facilities.
A.
Stormwater Management Districts.
(1)
For the purpose of managing stormwater, the Borough of Mifflinburg
includes the following stormwater districts:
(a)
Buffalo Creek Stormwater District. All subdivision and land
development activity occurring within the Buffalo Creek watershed
shall comply with the requirements of this chapter and the Buffalo
Creek Act 167 Stormwater Management Plan, adopted by the County of
Union and approved by the PA DEP.
(2)
Exemptions.
(a)
Any regulated activity that meets the following criteria:
|
Table 523 A-1 Exemption Criteria Table
| ||
|---|---|---|
|
Total Parcel Size
|
Minimum Distance
(feet)*
|
Impervious Area Exemption
(square feet)
|
|
<10,000 square feet
|
10
|
2,500
|
|
<10,000 square feet to 1 acre
|
10
|
5,000
|
|
1 to 2 acres
|
50
|
10,000
|
|
2 to 5 acres
|
100
|
15,000
|
|
>5 acres
|
250
|
20,000
|
|
*
|
The minimum distance between the proposed impervious are and/or
stormwater control/structure discharge point to the downslope property
boundary. Setback distances may be adjusted at the discretion of the
Borough Engineer based on factors such as topography, soil conditions
and location of structures.
|
(b)
This criterion shall apply to total development even if development
is to take place in phases and the date of adoption of this chapter
shall be the starting point from which to consider tracts as "parent
tracts" in which future subdivisions and land developments respective
impervious area computations shall be cumulatively considered.
(c)
Exemptions shall be at the discretion of the Mifflinburg Borough
Planning Commission based upon a review and recommendation from the
Commission Engineer that considers site conditions, topography, soils,
and other factors deemed appropriate.
(d)
Prior to granting an exemption, the applicant must provide documentation
that the increased flows from the site leaves the site in the same
manner as the predevelopment condition, and that there will be no
adverse impacts to properties along the path of flow(s), or that the
increased flow(s) will reach a natural watercourse or an existing
stormwater management structure before adversely impacting any property
along the path of flow(s). This documentation must include a signed
statement by the landowner indicating the total impervious area constructed
since the date of adoption of this chapter.
(e)
If a drainage problem is documented or known to exist downstream
of, or expected from the proposed subdivision or land development
activity, then an exemption will not be granted and a stormwater management
plan shall be required.
(f)
Under no circumstances shall an exemption be granted to the
provisions contained in Subsections 5, 6, and 7.
(g)
An exemption shall not relieve the applicant from implementing
such measures as are necessary to protect the public health, safety,
and property. An exemption shall also not relieve the applicant from
providing adequate stormwater management to meet the purpose of this
chapter; however, a stormwater management plan will not have to be
submitted.
B.
General Stormwater Management Requirements.
(1)
The management of stormwater on the site, both during and upon
the completion of construction, and the construction and design of
any temporary or permanent facilities or structures, and the utilization
of a natural drainage system shall be in full compliance with this
section and shall comply and be in accordance with the Borough's
Construction and Design Standards for Stormwater Management Facilities,
as from time to time reenacted and amended by resolution of Borough
Council.
(2)
Site designs shall minimize impervious surfaces and shall promote
the infiltration of runoff through seepage beds, infiltration trenches,
etc. where soil conditions permit, in order to reduce the size or
eliminate the need for detention facilities.
(3)
Stormwater runoff generated from development, discharged directly
into a wetland or other waters of the commonwealth, shall be done
in accordance with federal and state regulatory requirements and shall
be adequately treated to prevent water quality degradation of the
receiving water body.
(4)
Annual groundwater recharge rates shall be maintained by promoting
infiltration. At a minimum, annual recharge from the post-development
site shall mimic the annual recharge from the pre-development site
conditions.
(5)
Applicants may select runoff control techniques, or a combination
of techniques, which are most suitable to control stormwater runoff
from the development site. Mifflinburg Borough encourages applicants
to consider alternative solutions, including Best Management Practices
(BMPs) for stormwater management. Applicants should consult the Pennsylvania
Stormwater Best Management Practices Manual. All stormwater designs
are subject to the approval of the Commission Engineer. The Commission
may request specific information on design and/or operating features
of the proposed stormwater controls in order to determine their suitability
and adequacy in terms of the standards of this chapter.
(6)
All stormwater management facilities including detention basins,
BMPs, sewers, and culverts shall be designed by an individual qualified
and/or experienced in their design. These qualifications should be
listed on the front cover of the plan narrative.
(7)
The anticipated peak rate of stormwater runoff from the site
during and after full development shall not exceed the peak rate of
runoff from the site prior to development activities, measured in
accordance with the standards and criteria of this chapter.
(8)
Roof drains, to the greatest extent practical, shall drain to
the land surface to promote overland flow and infiltration of stormwater
but shall not discharge stormwater directly onto sidewalks, streets
or neighboring property.
(9)
Existing points of concentrated drainage that discharge onto
adjacent property shall not be altered without permission of the affected
property owner(s) and shall be subject to any applicable discharge
criteria specified in this chapter.
(10)
If existing diffused stormwater flow is to be concentrated the
applicant must document that adequate downstream conveyance facilities
exist to safely transport the concentrated discharge, or otherwise
prove that no erosion, sedimentation, flooding or other harm will
result from concentrated discharge.
(11)
Storm sewers, swales, culverts, bridges, and related facilities
shall be provided to:
(a)
Permit the unimpeded flow of natural watercourses;
(b)
Insure the drainage of all points along the line of streets;
(c)
Intercept stormwater runoff along streets at reasonable intervals
related to the extent and grade of the area drained, and to prevent
the flooding of intersections and the undue concentration of stormwater;
and
(d)
Insure unrestricted flow of stormwater under driveways, and
at natural watercourses or drainage swales.
(12)
All natural streams, channels, swales, drainage systems and/or
areas of surface water concentration shall be maintained in their
existing conditions, unless an alteration is approved by the Commission
and the Borough of Mifflinburg due to topographic conditions.
(13)
All stream encroachment activities, including work in and adjacent
to waters of the commonwealth or wetlands, shall comply with applicable
PA DEP requirements.
(14)
Any stormwater facility located on a state or local highway
right-of-way shall be subject to the approval of the PennDOT or the
Borough of Mifflinburg.
(15)
Off-site areas that drain through a proposed development site
are not subject to release rate criteria when determining allowable
peak runoff rates; however, onsite drainage facilities shall be designed
to safely convey off-site flows from upslope areas through the development
site.
(16)
The design of all stormwater management facilities shall incorporate
sound engineering principles and practices. The Commission shall reserve
the right to disapprove any design that would result in the continuation
of an existing, or create a new, adverse hydrologic or hydraulic condition.
(17)
The designer shall consider that the runoff from proposed sites
graded to the subsoil will not have the same runoff conditions as
the site under existing conditions, even after topsoil and seeding
is placed. The designer shall increase the proposed condition "CN"
or "C" to better reflect the proposed soil conditions.
(18)
Plans shall contain a statement, signed by the landowner, acknowledging
the stormwater management system to be a permanent fixture that can
be altered or removed only after approval of a revised plan by the
Mifflinburg Borough Planning Commission.
C.
Calculation Methodology.
(1)
Stormwater calculations to determine runoff, peak flow rates,
peak discharge, hydrographs and to design stormwater runoff rate reduction
facilities shall use a generally accepted calculation technique based
on the Natural Resource Conservation Service (NRCS) Soil-Cover Complex
method. Table 523-1 summarizes acceptable methods.
(2)
It is assumed that all methods selected by the design professional
will be based on the individual limitations and suitability of each
method for a particular site. The Commission may allow the use of
the Rational Method to estimate peak discharges from drainage areas
that contain 200 acres or less; however, the Rational Method shall
not be used to generate pseudo-hydrographs for drainage areas greater
than 10 acres.
(3)
For predevelopment flow rate determinations using the Soil Cover
Complex Method, it shall be assumed that all undeveloped and pervious
land shall be considered as "meadow" in good condition, unless the
natural ground cover generates a lower curve number or Rational "C"
value (i.e., forest) as listed in Appendix G-1 and G-2 of this chapter.
For predevelopment flow rate determination using the Rational Method,
it shall be assumed that all undeveloped and pervious land shall be
considered "forest" as listed in Appendix G-2 of this chapter.
(4)
All calculations using the Soil Cover Complex method shall use
the appropriate design rainfall depths for the various return period
storms as presented by NOAA Atlas fourteen-point precipitation frequency
estimates.
(5)
All calculations using the Rational Method shall use rainfall intensities consistent with appropriate times of concentration for overland flow and return periods from PennDOT Publication 584, current edition. Times of concentration for overland flow shall be calculated using the methodology presented in Chapter 3 of Urban Hydrology for Small Watersheds, NRCS, TR-55 (as amended or replaced from time to time by NRCS). Times of concentration for channel and pipe flow shall be computed using Manning's Equation.
(8)
Where uniform flow is anticipated the Manning Equation shall
be used for hydraulic computations and to determine the capacity of
open channels, pipes, and storm sewers. Values for Manning's
roughness coefficient (n) shall be consistent with Appendix G-3 of
this chapter.[3]
[3]
Editor's Note: Said appendix is on file in the Borough
offices.
(9)
Routing of hydrographs through detention/retention facilities
for the purposes of designing those facilities shall be accomplished
using the Storage-Indication method or other recognized routing method
subject to approval of the Commission Engineer. For drainage areas
greater than 200 acres in size, the design storm hydrograph shall
be computed using a calculation method that produces a full hydrograph.
The Commission Engineer may approve the use of any generally accepted
full hydrograph approximation technique that shall use a total runoff
volume that is consistent with the volume from a method that produces
a full hydrograph.
(10)
Any method approved by the Pennsylvania Department of Transportation
or the Pennsylvania Department of Environmental Protection may be
used to design the waterway areas of bridges.
|
Table 523-1: Acceptable Stormwater Management Computation Methodologies
| ||
|---|---|---|
|
Method
|
Method Developer
|
Applicability
|
|
TR-20 (or commercial package based on TR-20)
|
USDA NRCS
|
Where use of full hydrologic computer model is desirable or
necessary
|
|
TR-55 (or commercial package based on TR-55)
|
USDA NRCS
|
For plans within limitations described in TR-55
|
|
HEC-1, HEC-HMS
|
US Army Corps of Engineers
|
Where use of full hydrologic computer model is desirable or
necessary
|
|
PSRM
|
Penn State University
|
Where use of full hydrologic computer model is desirable or
necessary
|
|
Rational method
|
Emil Kuichling (1889)
|
For sites less than 10 acres, or as approved by the Commission
Engineer
|
|
Other methods
|
Varies
|
Other computations approved by Commission Engineer
|
D.
Water Quality Requirements.
(1)
For water quality, the objective is to provide adequate storage
to capture and treat the runoff from 90% of the average annual rainfall
in accordance with the following where P represents the depth of rain
associated with 90% of the total rainfall events over 0.11 inch.
(a)
The size of the water quality facility shall be based upon the
following equation:
 |
|
*
|
Treatment of the WQv for off-site areas
and areas not disturbed is not required.
|
(b)
Treatment of the WQv shall be provided
at all developments where stormwater management is required. A minimum
WQv of 0.2 inch per acre shall be met at sites
or in drainage areas that have less than 15% impervious cover.
(c)
The WQv shall be based on the impervious
cover for the proposed site. Off-site existing impervious areas may
be excluded from the calculation of the water quality volume requirements.
(d)
When a project contains or is divided by multiple drainage areas,
the WQv shall be addressed for each drainage
area.
(e)
Drainage areas having no impervious cover and no proposed disturbance
during development may be excluded from the WQv calculations. Designers are encouraged to use these areas as nonstructural
practices for WQv treatment.
(f)
Where structural practices for treating the Recharge Volume
(Rev) are employed upstream of a BMP, the Rev may be subtracted from the WQv used for design.
(g)
Where nonstructural practices are employed in the site design,
the WQv can be reduced with approval from the
Borough Designee.
(h)
The design of the facility shall consider and minimize the chances
of clogging and sedimentation potential. Orifices smaller than three
inches in diameter are not recommended. However, if the design engineer
can provide proof that the smaller orifices are protected from clogging
by use of trash racks, etc., smaller orifices may be permitted.
(2)
To accomplish adequate water quality treatment the final WQv shall be treated by an acceptable BMP from the list
presented in the PADEP BMP manual or an equivalent practice approved
by the Engineer. The applicant may submit original and innovative
designs to the Commission Engineer for review and approval. Such designs
may achieve the water quality objectives through a combination of
BMPs.
(3)
The water quality requirement can be met by providing a twenty-four-hour
drawdown of a portion of the WQv in conjunction
with a stormwater pond or wetland system. Referred to as extended
detention (ED), this is different from providing the extended detention
of the one-year storm for the channel protection volume (Cpv). The ED portion of the WQv may
be included when routing the Cpv.
(4)
In selecting the appropriate BMPs or combinations thereof, the
applicant shall consider the following:
(a)
Total contributing area.
(b)
Permeability and infiltration rate of the site soils.
(c)
Slope and topography.
(d)
Seasonal high water table.
(e)
Depth to bedrock.
(f)
Proximity to building foundations and wellheads.
(g)
Erodibility of soils.
(h)
Subgrade stability and susceptibility to sinkhole formation.
(i)
Land availability and configuration of the topography.
(j)
Peak discharge and required volume control.
(k)
Stream bank erosion.
(l)
Efficiency of the BMPs to mitigate potential water quality problems.
(m)
The volume of runoff that will be effectively treated.
(n)
The nature of pollutants being removed.
(o)
Creation and protection of wildlife habitat.
(p)
Enhancement of aesthetic and property values.
(q)
Maintenance requirements.
(5)
Stormwater Hotspots. If a site is designated as a stormwater
hotspot, as per Table 523-2, it has important implications for how
stormwater is managed.
(a)
A greater level of stormwater treatment is required at hotspot
sites to prevent pollutant wash off after construction.
(b)
For areas designated as hotspots design and implementation of
a stormwater pollution prevention plan may be required containing
operation practices at the site to reduce the generation of pollutants
by preventing contact with rainfall.
(c)
Stormwater pollution prevention plans shall follow the requirements
of the U.S. EPA NPDES stormwater program.
(d)
The following land uses and activities are not normally considered
hotspots: residential streets and rural highways, residential development,
institutional development, commercial and office developments, nonindustrial
rooftops, pervious areas except for golf courses and nurseries. Large
highways and retail gasoline outlet facilities are not designated
as hotspots, though it is important to ensure that stormwater plans
for these facilities adequately protect groundwater.
|
Table 523-2: Stormwater Hotspots
|
|---|
|
Vehicle salvage yards and recycling facilities*
|
|
Vehicle service and maintenance facilities
|
|
Vehicle and equipment cleaning facilities*
|
|
Fleet storage areas (bus, truck, etc.)*
|
|
Industrial sites
|
|
Marinas (service and maintenance)*
|
|
Outdoor liquid container storage
|
|
Outdoor loading/unloading facilities
|
|
Public works storage areas
|
|
Facilities that generate or store hazardous materials*
|
|
Commercial container nursery
|
|
Golf courses
|
|
Other land uses and activities as designated.
|
|
*
|
Stormwater pollution plan implementation may be required for
these land uses or activities under the U.S. EPA NPDES stormwater
program.
|
E.
Groundwater Recharge (Infiltration/Recharge/Retention) Requirements.
(1)
Design of the infiltration/recharge stormwater management facilities
shall give consideration to providing ground water recharge to compensate
for the reduction in the percolation that occurs when the ground surface
is paved and roofed over. These measures are encouraged particularly
in hydrologic soil groups A and B, and shall be utilized wherever
feasible.
(2)
The criteria for maintaining recharge is based on the USDA average
annual recharge volume per soil type divided by the annual rainfall
in Union County (40 inches per year) and multiplied by 90%. This keeps
the recharge calculation consistent with the WQv methodology. Thus, an annual recharge volume requirement shall be
specified for a site as follows:
(a)
Percent Volume Method.
|
Rev = [(S)(Rv)(A)]/12
|
|
Where:
| ||
|
Rv
|
=
|
0.05 + 0.009(I), where I is percent impervious cover
|
|
A
|
=
|
site area in acres
|
(b)
Percent Area Method.
|
Rev = (S)(Ai)
|
|
Where:
| ||
|
Ai
|
=
|
the measured impervious cover
|
|
Hydrologic Soil Group
|
Soil Specific Recharge Factor (S)
|
|---|---|
|
A
|
0.40
|
|
B
|
0.27
|
|
C
|
0.14
|
|
D
|
0.07
|
(c)
The recharge volume is considered part of the total WQv that must be provided at a site and can be achieved
either by a structural practice (e.g., infiltration, bioretention),
a nonstructural practice (e.g., buffers, disconnection of rooftops),
or a combination of both.
(d)
Drainage areas having no impervious cover and no proposed disturbance
during development may be excluded from the Rev calculations. Designers are encouraged to use these areas as nonstructural
practices for Rev treatment.
(e)
The Rev and WQv are inclusive. When treated separately, the Rev may be subtracted from the WQv when sizing
the water quality BMP.
(f)
Recharge/infiltration facilities may be used in conjunction
with other innovative or traditional BMPs, stormwater control facilities,
and nonstructural stormwater management practices.
(g)
Where pervious pavement is permitted for parking lots, recreational
facilities, nondedicated streets, or other areas, pavement construction
specifications shall be noted on the plan.
(3)
Basis for Determining Recharge Volume.
(a)
If more than one Hydrologic Soil Group (HSG) is present at a
site, a composite soil specific recharge factor shall be computed
based on the proportion of total site area within each HSG. The recharge
volume provided at the site shall be directed to the most permeable
HSG available.
(b)
The "percent volume" method is used to determine the Rev treatment requirement when structural practices are
used to provide recharge. These practices must provide seepage into
the ground and may include infiltration and exfiltration structures
(e.g., infiltration, bioretention, dry swales or sand filters with
storage below the under drain). Structures that require impermeable
liners, intercept groundwater, or are designed for trapping sediment
(e.g., forbays) may not be used. In this method, the volume of runoff
treated by structural practices shall meet or exceed the computed
recharge volume.
(c)
The "percent area" method is used to determine the Rev treatment requirements when nonstructural practices
are used. Under this method, the recharge requirements are evaluated
by mapping the percent of impervious area that is effectively treated
by an acceptable nonstructural practice and comparing it to the minimum
recharge requirements.
(d)
Acceptable nonstructural practices include filter strips that
treat rooftop or parking lot runoff, sheet flow discharge to stream
buffers, and grass channels that treat roadway runoff.
(e)
The recharge volume criterion does not apply to any portion
of a site designated as a stormwater hotspot or any project considered
as redevelopment. In addition, the Commission, with the concurrence
of the Commission Engineer, may alter or eliminate the recharge volume
requirement if the site is situated on unsuitable soils (e.g., marine
clays), on karst, or in an urban redevelopment area. In this situation,
nonstructural practices (percent area method) shall be implemented
to the maximum extent practicable and the remaining or untreated Rev included in the WQv treatment.
(f)
If Rev is treated by structural or nonstructural
practices separate and upstream of the WQv treatment,
the WQv is adjusted accordingly.
(4)
Soils Evaluation.
(a)
A detailed soils evaluation of the project site shall be performed
to determine the suitability of recharge facilities. The evaluation
shall be performed by a qualified professional, and, at a minimum,
address soil permeability, depth to bedrock, susceptibility to sinkhole
formation, and subgrade stability.
(b)
Extreme caution shall be exercised where infiltration is proposed
in geologically susceptible areas such as strip mine or limestone
areas. Extreme caution shall also be exercised where salt or chloride
would be a pollutant since soils do little to filter this pollutant
and it may contaminate the groundwater. It is also extremely important
that the design professional evaluate the possibility of groundwater
contamination from the proposed infiltration/recharge facility and
recommend that a hydrogeologic justification study be performed if
necessary. Whenever a basin will be located in an area underlain by
limestone, a geological evaluation of the proposed location shall
be conducted to determine susceptibility to sinkhole formations. The
design of all facilities over limestone formations shall include measures
to prevent ground water contamination and, where necessary, sinkhole
formation.
(c)
The Commission may require the installation of an impermeable
liner in stormwater management facilities underlain by limestone or
in areas of karst topography. A detailed hydrogeologic investigation
may be required. The developer may also be required to provide safeguards
against groundwater contamination for uses that may cause groundwater
contamination, should there be an accident or spill.
(5)
All recharge/infiltration facilities shall be designed to completely
drain within 72 hours of reaching maximum capacity.
F.
Channel Protection Storage Volume (Stream Bank Erosion) Requirements.
(1)
Stream Channel Protection shall be considered in implementing
the standards of Subsection 7 of this section. If a stormwater storage
facility needs to be constructed then, to protect channels from erosion,
the outflow structure shall be designed to provide twenty-four-hour
extended detention of the one-year, twenty-four-hour storm event.
The method for determining the Channel Protection Storage Volume (Cpv) requirement is detailed in Appendix G-4 of this chapter.[4]
[4]
Editor's Note: Said appendix is on file in the Borough
offices.
(2)
For discharges to streams having verified naturally reproducing
wild trout or currently being stocked with trout (based upon the most
recent resource classification or other appropriate documentation
of the Pennsylvania Fish and Boat Commission or other appropriate
agency), only 12 hours of extended detention shall be provided. The
rationale for this criterion is that runoff will be stored and released
in such a gradual manner that critical erosive velocities during bankfull
and near-bankfull events will seldom be exceeded in downstream channels.
(3)
Basis for Determining Channel Protection Storage Volume.
(a)
The models HEC-HMS, TR-55 and TR-20 (or an equivalent approved
by the Commission Engineer) shall be used for determining peak discharge
rates.
(b)
The rainfall depth for the one-year, twenty-four-hour storm
event in Union County is 2.4 inches.
(c)
Off-site areas shall be modeled as present land use in good
condition for the one-year storm event.
(d)
The length of overland flow used in time of concentration (tc) calculations is limited to no more than 150 feet.
(e)
The Cpv storage volume shall be computed
using the detention lag time between hydrograph procedures outlined
in Appendix G-4 of this chapter.[5] The detention lag time (T) for a one-year storm is defined
as the interval between the center of mass of the inflow hydrograph
and the center of mass of the outflow hydrograph.
[5]
Editor's Note: Said appendix is on file in the Borough
offices.
(f)
Cpv is not required at sites where the
one-year post development peak discharge (qi) is less than or equal to 2.0 cfs. A Cpv orifice
diameter (do) of less than 3.0 inches is subject
to approval by the Commission Engineer and is not recommended unless
an internal control for orifice protection is used.
(g)
Cpv shall be addressed for the entire
site. If a site consists of multiple drainage areas, Cpv may be distributed proportionately to each drainage
area.
(h)
Extended detention storage provided for the Cpv does not meet the WQv requirement (i.e. Cpv and WQv shall be treated separately).
(i)
The stormwater storage needed for the Cpv may be provided above the WQv storage in
stormwater ponds and wetlands; thereby meeting all storage criteria
except Rev in a single facility with appropriate
hydraulic control structures for each storage requirement.
(j)
Infiltration is not recommended for Cpv control because of large storage requirements.
G.
Overbank and Extreme Event Flood Protection Requirements. For a site
located within two or more districts, the peak discharge rate from
any sub-area shall be the pre-development peak discharge for that
sub-area. The calculated peak discharges shall apply regardless of
whether the grading plan changes the drainage area by sub-area.
(1)
Buffalo Creek Watershed. The Buffalo Creek Watershed Runoff
Control Districts Map in Appendix H of this chapter[6] illustrates the three major Runoff Control Districts;
shown as "A," B," and "C." Development sites located in the "A," "B,"
and "C" Districts must control post-development runoff rates to pre-development
runoff rates as shown in Table 523-3. In addition to the table below,
post-development runoff rates shall not exceed pre-development runoff
rates for the five-, twenty-five-, and 100-year storm events.
|
Table 523-3: Buffalo Creek Watershed Release Rates
| ||||
|---|---|---|---|---|
|
Subareas
|
Post-Development Design Storm
|
Pre-Development Design Storm
| ||
|
Runoff Control Districts
|
A
|
1 to 4
|
2-year
10-year
50-year
|
1-year
10-year
50-year
|
|
16
| ||||
|
28 to 39
| ||||
|
58 to 59
| ||||
|
B
|
5 to 15
|
2-year
10-year
50-year
|
1-year
5-year
25-year
| |
|
17 to 27
| ||||
|
40 to 55
| ||||
|
60 to 65
| ||||
|
70 to 75
| ||||
|
C
|
79 to 81
|
2-year
10-year
10-year
|
1-year
10-year
50-year
| |
|
56 to 57
| ||||
|
66 to 69
| ||||
|
76 to 78
| ||||
|
82 to 92
| ||||
[6]
Editor's Note: Said appendix is on file in the Borough
offices.
(2)
General Stormwater Management Requirements. In those areas without
an approved Act 167 Stormwater Management Plans runoff shall be controlled
so that post-development runoff rates shall not exceed pre-development
runoff rates for the two-, five-, ten-, twenty-five-, fifty-, and
100-year storm events. All other standards of this chapter shall also
apply.
H.
Design Considerations.
(1)
All storm sewers shall be able to convey the post-development
runoff from a ten-year design storm without surcharging inlets, and
shall be constructed using PennDOT Form 408 Specifications, Standard
Details, unless otherwise directed by the Commission. All stormwater
conveyance pipes shall be a minimum of 15 inches in diameter dual
wall HDPE, or approved equal.
(2)
Stormwater roof drains shall not discharge into any municipal
sanitary sewer line or over a sidewalk.
(3)
Inlets shall be placed at the curbline where a curbed section
is installed. Inlets required for parallel or cross drainage without
a curbed section shall be set at the centerline of the ditch.
(4)
Structures shall be PennDOT pre-cast concrete or cast-in-place
Class A concrete. Brick or block structures shall not be permitted.
Solid concrete block or brick may be incorporated into a structure
only for grade adjustment of the casting.
(5)
All water obstructions (bridges, culverts, outfalls or stream
enclosures) shall have ample waterway opening to carry expected flows,
based on a minimum post development peak storm frequency of 25 years
and shall have a minimum of one foot of freeboard measured below the
lowest point along the top of the roadway.
(6)
Bridge and culvert construction shall be in accordance with
the Pennsylvania Department of Transportation specifications and shall
meet the requirements of the Pennsylvania Department of Environmental
Protection.
(7)
Any drainage conveyance facility and/or channel that does not
fall under PA DEP Chapter 105 Regulations must be able to convey,
without damage to the drainage structure or roadway, runoff from the
ten-year design storm. Conveyance facilities to or exiting from stormwater
management facilities (i.e., detention basins) shall be designed to
convey the design flow to or from that structure.
(8)
Roadway crossings located within designated floodplain areas
shall be able to convey runoff from a 100-year design storm.
(9)
Any stormwater management facility designed to store runoff
and requiring an earthen berm or embankment shall be designed with
an emergency spillway to handle flow up to and including the 100-year
post-development conditions. The height of the embankment must be
set to provide a minimum of one foot of freeboard when the spillway
functions for the 100-year post-development inflow. The spillway elevation
shall be set higher than the 100-year event routed through the primary
outlet structure. Stormwater management facility berm cross sections
must be at least five feet wide at the top of berm.
(10)
Stormwater management facilities that require a dam safety permit
under PA DEP Chapter 105 shall meet the applicable dam safety requirements,
which may require the facility to pass storms larger than the 100-year
event.
(11)
Adequate erosion protection shall be provided along all open
channels and at all points of discharge.
(12)
Detention basins for stormwater peak discharge storage shall
comply with the following criteria:
(a)
Basins shall be installed prior to any earthmoving or land disturbance
in contributing drainage areas the basin will serve. The phasing of
their construction shall be noted in a narrative and on the plan.
(b)
Basins located in an area underlain by limestone may require
a geologic evaluation to determine susceptibility to sinkhole formations.
The design of all facilities over limestone formations shall include
measures to prevent ground water contamination and, where necessary,
sinkhole formation. The Commission may require basins located over
limestone to have an impermeable liner.
(c)
Soils used in construction of basins shall have low erosion
factors ("K factors").
(d)
Energy dissipators and/or level spreaders shall be installed
at points where pipes or drainageways discharge to or from basins.
Discharge from basins shall be into a natural waterway or drainageway
unless a discharge acknowledgment has been obtained from the downstream
properties. All emergency spillways shall be permanently armored through
the spillway embankment slope. Armor shall extend 10 feet past the
toe of slope.
(e)
For fill embankments, the side slopes shall be no steeper than
3:1 on the inside of the facility and 2:1 on the outside of the facility.
For cut slopes, the side slopes shall be no steeper than 2:1.
(f)
Where concrete, stone, or brick walls are used for steeper interior
slopes, the basin shall be fenced with a permanent wire fence at least
42 inches in height, and a ramp of durable, nonslip materials for
maintenance vehicles shall be provided for basin access.
(g)
Primary outlet structures within basins must be designed to
pass all design storms (up to and including the 100-year event) without
discharging through the emergency spillway. The maximum water depth
within any stormwater management facility shall be no greater than
eight feet when functioning through the primary outlet structure.
Trash racks must be provided for all orifices equivalent to 12 inches
or smaller in diameter.
(h)
Where weirs will be used to control peak discharges in lieu
of riser structures, control weirs shall be constructed of concrete
of sufficient mass and structural stability to withstand the pressures
of impounded waters and outlet velocities.
(i)
Concrete outlet aprons shall be designed as level spreaders
and shall extend at a minimum to the toe of the basin slope. The incorporation
into the concrete apron of any large stone found on the site is encouraged
to provide a more natural appearance.
(j)
Inlet and outlet structures shall be located at maximum distance
from each other. The Commission may require a rock filter berm or
rock-filled gabions between inlet and outlet areas when the distance
is deemed insufficient for sediment trappings.
(k)
Temporary and permanent grasses or stabilization measures shall
be established on the sides of all earthen basins within 15 days of
initial construction.
(l)
Basin outfall culverts shall be a minimum of 15 inches in diameter
with anti-seep collars provided in accordance with the latest PA DEP
E&S Manual.
(m)
Basin bottom elevations must be higher than adjacent FEMA defined
floodplain elevations.
(n)
A cutoff and key trench of impervious material shall be provided
for all embankments four feet or greater in height.
(o)
Basins must empty over a period of time not less than 24 hours
and not more than 72 hours from the end of the facility inflow. Infiltration
tests performed at the facility location and appropriate depth must
support time-to-empty calculations if infiltration is a factor in
sizing the basin. Where groundwater may be an issue, operable basin
underdrains are recommended for maintenance purposes.
I.
Drainage Plan Contents. In addition to the plan requirements required in Part 4 of this chapter, applicants are required to submit the following additional materials for the purposes of evaluating stormwater management.
(1)
Narrative describing the overall general stormwater management
concept.
(2)
General description of permanent stormwater management techniques
and construction specifications.
(3)
Complete hydrologic, hydraulic and structural computations for
all stormwater management facilities.
(4)
Complete calculations for determining compliance with Subsections
3, 4, 5, 6 and 7 of this section.
(5)
Horizontal and vertical profiles of all open channels, including
hydraulic capacity.
(6)
Total of upstream drainage flowing through the site.
(7)
The effect of the project (in terms of runoff volumes and peak
flows) on adjacent properties and on any existing municipal stormwater
collection system that may receive runoff from the project.
(8)
Overland drainage paths.
(9)
A Declaration of Adequacy and Highway Occupancy Permit from
PennDOT when the utilization of a PennDOT storm drainage system is
proposed.
(11)
A note on the plan indication the location and responsibility
for maintenance of proposed permanent stormwater management facilities.
(12)
A statement, signed by the landowner, acknowledging the stormwater
management system to be a permanent fixture that cannot be altered
or removed unless approved by the Borough.
(13)
The signature block for the design engineer:
"(Design Engineer) on this date (date of signature) has reviewed
and hereby certifies that the drainage plan meets all design standards
and criteria of the Stormwater Management Ordinance, including all
applicable Act 167 Plan requirements."
(14)
A note signed and sealed by the developers engineer/surveyor/geologist
verifying if the site is located in a karst area. The signature block
for the design engineer:
"I __________, certify that the proposed detention basin is/is
not underlain by limestone, dolomite, or other karst features."
(15)
(Design Engineer) on this date (date of signature) has reviewed
and hereby certifies that the drainage plan meets all design standards
and criteria of the Stormwater Management Ordinance, including all
applicable Act 167 Plan requirements."
[Ord. No. 2022-04, 2/15/2022]
1.
Subdivision and land development activities shall be conducted in
strict accordance with this section in order to prevent accelerated
erosion and resulting sedimentation.
A.
No changes shall be made in the contour of the land, no grading,
excavating, removal, or destruction of topsoil, trees or other vegetative
cover shall be commenced until a plan for minimizing erosion and sedimentation
has been reviewed and approved by the Union County Conservation District
as part of an application for Preliminary or Final Plan approval.
B.
All applications for subdivision and land development approval will
be required to submit an erosion and sedimentation pollution control
plan and obtain necessary approvals from the Conservation District
where land disturbance is proposed. This shall include small projects
that are proposing disturbance greater than 5,000 square feet of disturbance.
C.
All subdivision and land development applications shall conform to
applicable municipal ordinances and the requirements of Chapter 102
of Administrative Code, Title 25, "Erosion Control Rules and Regulations,"
as amended or replaced, and to the requirements of the Pennsylvania
Department of Environmental Protection.
D.
The Erosion and Sedimentation Pollution Control Plan shall be prepared
by a person trained and experienced in erosion and sedimentation pollution
control methods and techniques.
E.
No grading, removal of vegetation, construction or other disturbance
shall be permitted on soils that are classified as slide-prone or
unstable in the Union County Soil Survey or on any other areas of
a proposed development that exhibit signs of instability or subsidence
except in accordance with the provisions of this section.
F.
The following measures shall be taken to effectively minimize erosion
and sedimentation and shall be included where applicable:
(1)
Stripping of vegetation and grading shall be kept to a minimum.
(2)
Vegetation to be retained shall be protected during the construction
process and trees and other vegetation shall be marked and roped off
to protect them from damage by construction equipment. Filling around
trees shall also be avoided.
(3)
Topsoil from areas where cuts and fills have been made shall
be stockpiled and uniformly redistributed after grading, to aid in
the revegetation process.
(4)
Development plans shall preserve significant natural features,
cut and fill operations shall be kept to a minimum, and plans shall
conform to the topography so as to create the least erosion potential
and to handle adequately the volume and velocity of surface water
runoff.
(5)
Whenever feasible natural vegetation shall be retained, protected
and supplemented.
(6)
The disturbed area and the duration of the exposure shall be
kept to a minimum.
(7)
Disturbed soils shall be stabilized by permanent vegetation
and/or by engineered erosion control and drainage measures.
(8)
Temporary vegetation and/or mulching shall be used to protect
exposed critical areas during development.
(9)
Provisions shall be made to effectively accommodate the increased
runoff caused by changed soil and surface conditions during and after
development. Where necessary the rate of surface water runoff shall
be structurally retarded during development.
(10)
Sediment in water runoff shall be trapped until the disturbed
area is stabilized by the use of debris basins, sediment basins, silt
fence, hay bales, rock filter berms, and/or similar measures.
G.
The following additional erosion and sedimentation control design
standards and criteria shall be applied where infiltration best management
practices (BMPs) are proposed as part of the stormwater management
plan:
(1)
Areas proposed for infiltration BMPs shall be protected from
sedimentation and compaction during construction phases so as to maintain
their maximum infiltration capacity.
(2)
Infiltration BMPs shall not be constructed nor receive runoff
until the entire contributory drainage area to the infiltration BMP
has received final stabilization.
H.
The applicant shall be responsible for protecting adjacent and downstream
properties from any damage that occurs as a result of earth disturbance
on the development site.
I.
Fill areas shall be prepared by removing organic material such as
vegetation and rubbish and any other material determined by the engineer
to prevent proper compaction and stability of the soil.
J.
Maximum steepness of graded and cut slopes shall be no greater than
two horizontal units to one vertical unit except when the Commission
approves alternatives under the following conditions:
(1)
Where the height of a proposed slope will not exceed 10 feet,
then a maximum slope steepness of one to one may be allowed where
the soil and geologic conditions permit, and if doing so will help
to preserve existing vegetation or other significant natural features.
The cut or fill shall be located so that a line having a slope of
two horizontal to one vertical and passing through any portion of
the slope face will be entirely inside the property lines of the proposed
development.
(2)
Where a concrete or stone masonry retaining wall, designed to
sound engineering standards, sealed by a registered professional engineer,
and approved by the Commission Engineer, is constructed to support
the face of the slope.
(3)
The material in which the excavation is made is sufficiently
stable to sustain a slope steeper than two horizontal to one vertical,
and a written statement is provided by a licensed civil engineer experienced
in erosion control and slope stability that is acceptable to the Commission
Engineer and the local municipality. The statement shall state that
the site has been inspected and that the deviation from the slope
specified in this chapter will not result in injury to persons or
damage to property.
(4)
All fill is located so that settlement, sliding, or erosion
will not result in property damage or be hazardous to adjoining property,
streets, alleys, or structures.
K.
Graded slopes of 20 or more feet in height shall be benched every
12 feet.
[Ord. No. 2022-04, 2/15/2022]
1.
Structures and grading of land shall be located on portions of a
development site where the slope is less than 25%.
2.
A limited amount of disturbance, up to 25% of the steep slope area
with grades between 25% and 35%, may be approved if evidence of the
safety of any proposed disturbance has been documented. Such evidence
of the safety of any proposed disturbance shall require a site investigation
and certification in writing, by a registered professional soils engineer,
engineering geologist, or civil engineer with demonstrated competency
and experience in soils engineering, that the proposed activity will
not create or exacerbate unsafe conditions.
[Ord. No. 2022-04, 2/15/2022]
1.
The requirements of this section are intended to protect property
owners from increased flood hazards resulting from inappropriate development
in the floodplain and to protect potential buyers from purchasing
land which may not be suitable for development. Plans shall also comply
with the applicable Federal Emergency Management Agency (FEMA) and
Borough floodplain management regulations.
A.
The inclusion of a floodplain within lots in order to meet the minimum
lot area and/or yard requirements is allowed provided each lot contains
sufficient area exclusive of the 100-year regulatory floodplain for
buildings and, when applicable, for on-lot sanitary sewage disposal
systems and replacement areas.
B.
The Commission may require the applicant, as a stipulation of plan
approval, to include the following note on the plan and a similar
reference in the deed for lots containing floodplain areas:
"NOTE: Lot(s) No._____ are completely or partially within the
regulatory floodplain and any development on such lots shall occur
in accordance with all federal, state, and municipal floodplain management
regulations. In addition, lending institutions may require the mandatory
purchase of flood insurance for home mortgages."
C.
All public and private utilities and facilities shall be designed
and constructed to preclude flood damage and shall be floodproofed
up to the Regulatory Flood Elevation in accordance with the Federal
Emergency Management Agency (FEMA) floodproofing guidelines. Documentation
by a professional engineer or architect shall be provided indicating
compliance with FEMA guidelines in regard to the following minimum
conditions: (1) a flood elevation certificate shall be provided for
all building construction; (2) a determination of the structural adequacy
against pressure, velocity, uplift, siding, overturning, and impact;
and a statement of the types of materials and safeguards incorporated
to prevent leakage, spillage or contamination.
D.
Final street elevations shall not be less than the 100-year regulatory
base flood elevation.
E.
When a site is adjacent to or traversed by a watercourse that does
not have a 100-year regulatory floodplain delineated, all structures
shall be set back at least 50 feet from the top of the nearest stream
bank.
[Ord. No. 2022-04, 2/15/2022]
1.
No subdivision or land development shall involve uses, activities,
or improvements that would result in encroachment into, regrading
of, or placement of fill in wetlands in violation of state and/or
federal regulations.
2.
Activities shall be prohibited that will alter, diminish, or eliminate
hydrologic conditions, existing hydric soil conditions, or wetland
plant species.
3.
If wetlands are to be altered by the proposed activity the Commission
shall require copies of appropriate permits and approvals granted
by state and/or federal regulatory agencies prior to plan approval.
4.
The Commission may require the applicant, as a stipulation of plan
approval, to include the following note on the plan and a similar
reference in the deed for lots containing wetland areas:
"NOTE: Wetlands exist on Lot(s) No._____. Wetlands are protected
under state and federal law and caution should be exercised to ensure
that any development proposed for Lot No. _____ does not disturb the
wetlands."
5.
A jurisdictional wetland delineation by the United States Army Corps
of Engineers is strongly encouraged and may be required where wetlands
exist and could be impacted by development activities.
6.
Development activities are encouraged to avoid wetland impacts by
design with the natural environment. Wetlands should be used to compliment
development by integrating stormwater management and water quality
management activities where practical.
[Ord. No. 2022-04, 2/15/2022]
1.
All subdivisions and land developments in areas underlain by carbonate
geology shall be designed and constructed to minimize any impacts
which may affect, increase, diminish, or change any natural drainage,
natural springs, water quality, geological stability or groundwater
table.
2.
Subdivisions and land developments that pose significant risks of
stimulating the formation of sinkholes or of causing hydrologic connection
of contaminated surface water with subsurface aquifers shall not be
approved without certification, from a professional engineer and/or
other qualified individual with demonstrated competency in geology
or hydrogeology, that such proposed use and design is safe and environmentally
sound.
3.
When the Commission determines there is probability that a project
will affect or be affected by carbonate geologic hazards, the Commission
may require the submission of a hydrogeologic report.
4.
In making a determination whether or not a project will affect or
be affected by carbonate geologic hazards, the Commission shall consider
the carbonate features in the vicinity, testimony of qualified experts
(i.e., professional geologist, hydrogeologist, or engineer with documented
expertise of carbonate geology), recommendation by the municipality,
and such other reasonable information as may be available.
5.
All sinkholes shall be posted by permanent and clearly visible on-site
notices prohibiting any disposal of refuse, rubbish, hazardous wastes,
organic matter or soil into the sinkhole. Concrete liners, rockfill
or other acceptable capping procedures may be permitted in the sinkhole
for purposes of preventing dumping of said materials with the approval
of the Borough Engineer.
6.
All sinkholes shall have a buffer as determined necessary for public
safety. The buffer size will vary based upon site conditions and an
analysis of drainage in the sinkhole area by a professional engineer
or other qualified individual with demonstrated competency in geology
or hydrogeology.
7.
No stormwater management basins shall be placed in or over sinkholes,
closed depressions, lineaments in carbonate areas, fracture traces,
caverns, ghost lakes, or disappearing streams.
8.
New sinkhole formation, as a result of construction activities or
natural causes, shall be reported to the Commission and the PA DEP.
Emergency repairs may be required under the supervision of the PA
DEP or the Commission's engineer to prevent groundwater contamination.
9.
Improvements necessary to safeguard against groundwater contamination,
or structural instability for proposed development, or construction
activities as a result of the hydrological investigation, will be
a condition of final subdivision or land development plan approval.
[Ord. No. 2022-04, 2/15/2022]
1.
Habitats and Natural Features of Special Concern.
A.
Where the presence of natural features and habitats of special concern
(i.e., those areas listed in the Natural Areas Inventory of Union
County or habitats of rare, threatened and endangered species) is
known or suspected, or where required by the PA DEP or other permitting
agency, the applicant shall notify the Pennsylvania Department of
Conservation and Natural Resources (PA DCNR) of the proposed subdivision
or land development and request a determination concerning the presence
of significant resources from the Pennsylvania Natural Diversity Index
(PNDI).
B.
Where a proposed subdivision or land development includes an identified
natural feature and/or habitat of special concern, such as rare, threatened
or endangered species which are regulated by municipal, state, or
federal law, the applicant shall provide evidence of compliance with
any applicable regulation.
C.
The Commission will impose conditions it deems reasonable and appropriate
in order to protect such habitats and to prevent degradation of natural
features.
2.
Existing Wooded Areas.
A.
Subdivisions and land developments shall be designed to avoid unnecessary
removal or destruction of trees and understory vegetation, particularly
in undeveloped tract areas.
B.
At least 25% of the number of trees that exist at the time of plan
approval shall be maintained or replaced immediately following construction.
Replacement trees shall be a mix of native species with a minimum
trunk caliper of two inches and a minimum height of six feet. They
shall be planted at a density equivalent to that existing before development.
C.
Development activities are encouraged to integrate wooded areas into
stormwater management design to promote natural infiltration of runoff
where practical.
D.
Priority shall be given to the preservation of trees and vegetation
in 100-year floodplains, wetlands, stream corridors and steep slopes.
E.
Any tree that may be noteworthy because of its species, age, uniqueness,
rarity or status as a landmark due to historical or other cultural
associations shall be preserved unless removal is deemed necessary
determined by a professional arborist, forester, or landscape architect
or if the tree is likely to endanger the public or an adjoining property.
F.
Trees to be preserved shall be protected during construction and
the critical root zones shall be clearly staked and protected by fencing
to prevent damage.
3.
Stream Corridors. In order to prevent increased erosion, stream bank
instability, non-point source and thermal pollution, the removal of
trees and vegetation shall be not be permitted within 50 feet of the
top bank of any watercourse. Invasive species, however, may be removed
if replaced with native vegetation and selective timber harvesting
is permitted as part of the development if accompanied by a certified
forest resources and timber management plan prepared by a qualified
professional forester.
[Ord. No. 2022-04, 2/15/2022]
1.
Archaeological Investigations. Where the presence of archaeological
features is known or suspected, or where required by the PA DEP or
other permitting agency, the applicant shall notify the Pennsylvania
Historic and Museum Commission (PHMC) of the proposed subdivision
or land development and request a determination concerning the presence
of significant resources from PHMC.
2.
Historic Resource Preservation. Subdivisions and land developments
shall be designed to preserve, adaptively reuse, or otherwise provide
for the historic features of the Borough of Mifflinburg, and new construction
shall be designed to be visually complimentary to historic structures
and sites. If due to size, scale, construction material, or type of
proposed use, a subdivision or land development would jeopardize the
historic value of a site or structure, such new construction shall
be screened or otherwise visually buffered.
3.
Historic Resource Demolition. No historic feature as defined in this
chapter shall be infringed upon, demolished, or moved from its original
foundations without approval of the Commission. The applicant shall
submit to the Commission letters from the PHMC and from the Union
County Historical Society with their review and recommendation. In
evaluating any request for demolition of a historic feature the Commission
shall take into account the significance of the property, the condition
of the feature and the potential for repair, restoration, stabilization
and reuse, the impact of the feature in relation to the total project,
and the hardship, if any, on the applicant.
4.
Retention of Local Names. Applicants are encouraged to perpetuate
historic names or geographic references that are traditionally associated
with the area in which a project is located, rather than proposing
project names that are not consistent with the traditions and/or culture
of the Borough of Mifflinburg.
[Ord. No. 2022-04, 2/15/2022]
1.
All subdivisions and land development applications that involve the
creation of 25 or more dwelling units, generate 200 vehicle trips
or more per average weekday, or are considered a development of regional
significance, shall be required to include a community impact and
natural feature analysis in accordance with this section.
2.
Community Impact Analysis. The community impact analysis shall analyze
and evaluate the impact of the proposed subdivision or land development
on community facilities and shall include but not be limited to a
detailed examination of the following:
A.
Water supply analysis, including the volume of water needed to support
the proposed use, source(s), source viability, source quality, and
impact of proposed use on surface water flows, groundwater levels,
and adjacent wells.
B.
Sewage collection and treatment.
C.
Accessibility to and adequacy of emergency services (ambulance, fire
and police).
D.
Surface, ground, and stormwater management including potential for
contamination of surface and groundwater supplies.
E.
A visual impact assessment which shall include i) a zone of visibility
map to determine the locations from which the facility may be observed;
ii) pictorial representations of key viewpoints as may be appropriate,
including but not limited to public roads, public parks, public lands,
historic districts and sites, and other locations where the site is
visible to large numbers of persons; and iii) an assessment of the
visual impact of the facility as it relates to appropriate screening.
F.
Air quality impacts, including a description of proposed emissions
and specific information related to impacts upon human health and
the environment.
G.
Other community facilities that may be impacted.
H.
A comparison shall be made and submitted of the estimated costs for
services to the Borough versus the estimated revenues to be generated
from the subdivision or land development.
I.
The applicant shall demonstrate that the appropriate providers of
utility services, including but not limited to, electric, sewer, water,
telephone, and refuse removal have certified that services will be
provided to the site.
J.
A traffic engineering study shall be prepared as part of the community impact analysis in accordance with § 23-510 of this chapter.
K.
A market analysis that shall demonstrate a sufficient market exists
for the specific types of development proposed.
3.
Natural Features Analysis. The natural features analysis shall analyze
and evaluate the impact of the proposed subdivision or land development
on natural features on the subject tract and the surrounding area.
This analysis shall include but not be limited to the following:
A.
An analysis of natural drainage patterns and water resources, including
streams, natural swales, ponds, lakes, wetlands, floodplain areas
and permanent and seasonal high water table areas.
B.
An analysis of the site geology that considers characteristics of
underlying rock formations, shallow bedrock, aquifers, karst features,
and factors that may cause the rock formations to be unstable.
C.
An analysis of soil types present on the site including a delineation
of prime agricultural soils, hydric soils, unstable soils, soils most
susceptible to erosion, and evidence that the soil is suitable for
the intended uses.
D.
An analysis of topography.
E.
An analysis of existing vegetative cover emphasizing the location
of woodland and meadowland areas. Dominant tree and plant species
shall be identified and certification shall be given that no vegetation
on the site is classified as rare, threatened or endangered or listed
as worthy of special protection in the Union County Natural Areas
Inventory. A PNDI search shall be conducted.
F.
An analysis of impacts on wildlife and wildlife habitat and certification
shall be given that no species of wildlife or wildlife habitat on
the site is classified as rare, threatened or endangered or listed
as worthy of special protection in the Union County Natural Areas
Inventory.
4.
The community impact and natural features analyses shall contain
proposals to minimize any adverse impacts identified, including, where
appropriate, alternative solutions or proposals.
[Ord. No. 2022-04, 2/15/2022]
The Planning Commission may require the reservation of appropriate
land for community facilities in order to serve the proposed subdivision
or land development.
