Borough of Pen Argyl, PA Design Standards

Block layout. The length, width and shape of blocks shall be determined with due regard to:

Provisions of adequate sites for buildings of the type proposed.

Municipal zoning requirements.

Topography.

Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with arterial streets.

Block length.

Residential blocks shall ordinarily be no less than 500 feet in length and no more than 1,800 feet in length.

In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection.

Where practicable, blocks along arterial and collector streets shall not be less than 1,000 feet in length.

Block depth. Single-family residential blocks shall be of sufficient depth to accommodate two tiers of lots, except the Pen Argyl Borough Council may approve a single tier of lots in the following cases:

Where reverse frontage lots are required; or

Where two tiers of lots are not possible due to the size, topographical conditions or other inherent conditions of the property.

Commercial and industrial blocks. Blocks in commercial, industrial and multifamily developments may vary from the elements of design detailed above if required by the nature of the use. In all cases, however, adequate provisions shall be made for traffic and pedestrian circulation, off-street parking, and loading areas.

Lots.

General lot design standards.

Within the requirements of Chapter 108, Zoning, the size, shape and orientation of lots shall be appropriate for the type of development and use contemplated.

Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines.

Where feasible, lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.

Generally, the depth of single-family detached residential lots shall be not less than one nor more than three times their width.

Depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, loading and unloading, setbacks and landscaping.

If, after subdividing, there exist remnants of land, they shall be either:

Incorporated in existing or proposed lots; or

Legally dedicated to public use, if acceptable to the Pen Argyl Borough Council.

Lot frontage.

All proposed lots shall have frontage on an ordained public street, other than an alley. These requirements shall not apply to individual condominium units when such units are contained in an approved condominium development.

Double- or reverse-frontage lots may be required to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography or other natural features of the proposed subdivision tract.

All residential reverse-frontage lots shall have a rear yard with a minimum depth of 75 feet, measured along the shortest distance from the proposed dwelling unit to the ultimate right-of-way and shall, within such rear yard and immediately adjacent to the right-of-way, have a planting screen easement of at least 10 feet in width, across which there shall be no right of access.

Lot access.

Direct access onto arterial roads and numbered traffic routes shall be minimized.

Direct access onto an arterial road or a numbered traffic route shall be prohibited where adequate alternative access can be obtained from a collector road, local road or alley.

Access to two or more abutting residential properties shall be provided by a shared driveway unless the applicant demonstrates that such access is impractical.

A maximum of one access point per property involving a left-hand turn exiting a nonresidential property onto an arterial road or a numbered traffic route shall be permitted.

Parking lots and internal driveways for nonresidential development shall support access management objectives along arterial roads and numbered traffic routes.

Shared parking lots and driveways connecting adjacent parking lots for nonresidential uses shall be used whenever practical.

The distance between the intersection of the access road with the arterial road or a numbered traffic route and the intersection of the access road with other internal access roads shall be maximized to the extent possible.

Where access is permitted to a state road or highway, authorization from the Pennsylvania Department of Transportation must be proven by the display of a valid highway occupancy permit. Driveways to single-family residences shall intersect streets at angles of no less than 60°. All other driveways or access roads shall intersect streets at right angles, where practicable, and in no case less than 75°.

Widths of access roads or driveways shall be in accordance with the following standards:

Access roads for multifamily residential, mobile home parks and all nonresidential subdivisions shall be no less than 24 feet in width, shall not exceed 30 feet in width at the street line, and shall be clearly defined by use of curbing.

Driveways for single-family residential subdivisions shall be no less than 10 feet in width, but shall not exceed 20 feet in width at the street line.

To provide safe and convenient ingress and egress, access road and driveway entrances shall be rounded at the following minimum radii.

Access road entrances for multifamily residential developments, mobile home parks, and all nonresidential subdivisions shall be rounded at a minimum radius of 10 feet.

Driveway entrances for single-family residences shall be rounded at a minimum radius of five feet, except along legislative routes, where a ten-foot radius is required.

Access road grades or driveway grades shall not exceed the following grades:

12% between the future street right-of-way line and any other point within the confines of the lot being served.

5% in a leveling area extending 40 feet from the intersection of the access road or driveway with the cartway of the street.

The center line of an access road or driveway at the point of access to a street shall not be located closer to an intersection of street center lines than the following distances:

Fifty feet for single-family residential units.

For multifamily residential developments, mobile home parks, and all nonresidential subdivisions:

One hundred fifty feet if either street is an arterial street.

One hundred feet if either street is a collector street.

[c]

Fifty feet if both streets are local streets.

Vehicular access shall be available to all lots directly from an ordained public street. This requirement shall not apply to individual condominium units where such units are contained in an approved condominium development.

Clear sight triangles shall be provided at all intersections of driveways with streets, except alleys. Clear sight triangles are not required for intersections of driveways with alleys. Within such triangles, no object greater than 2 1/2 feet in height and no other object that would obscure the vision of the motorist shall exist or be placed. The triangles shall be measured as follows:

Along the center line of the driveway from a point 20 feet from where the driveway meets the cartway of the road, to points along the center line of the road 200 feet on each side from the intersecting center lines of the driveway and road, if the road is classified as a local road.

Along the center line of the driveway, from a point 20 feet from where the driveway meets the cartway of the road, to points along the center line of the road 300 feet on each side from the intersecting center lines of the driveway and road, if the road is classified as a collector or arterial road.

Flag lots may be allowed in certain circumstances to minimize hardships in the use of land that lacks adequate road frontage for an equitable use of the lot. Normally, this situation will be deemed to exist when the lot lacks double the required road frontage for lots in that zoning district. However, flag lots will not be permitted merely to increase the density of development nor to minimize the amount of road improvements. The following requirements will apply:

No more than two flag lots will be permitted per original tract of land, even if lots are subdivided from the tract at different times.

The access lane will have a minimum width of 25 feet, be contained entirely within the lot and serve only one lot.

The access lane will have a maximum length of 500 feet measured from the right-of-way of the public road to the perimeter of the rectangle defining the lot area.

The area in the access lane shall be excluded from the area required for meeting the minimum lot size standards of Chapter 108, Zoning.

No sharp turns (greater than 45°) shall be allowed within the access lane.

The location of the access lane shall be logically related to the body of the flag lot, surrounding property configurations, woodlands, topography, watercourses and floodplains.

§ 93-27 Street design standards.

General requirements.

Proposed streets shall be properly related to the road and highway plans of the state, county and Borough. Streets shall be designed to provide adequate vehicular access to all lots or parcels and with regard for topographic conditions, project volumes of traffic, and further subdivision possibilities in the area.

The street system of a proposed subdivision or land development shall be designed to create a hierarchy of street functions which includes collector and local streets.

The street system of a proposed subdivision or land development shall be designed so as to minimize street intersections and pedestrian-vehicular conflict points.

Proposed local streets shall be designed so as to discourage through traffic and excessive speeds. However, the developer shall provide for the extension and continuation of arterial and collector streets into and from adjoining properties.

Where, in the opinion of the Pen Argyl Borough Council, it is desirable to provide for street access to adjoining property, streets shall be extended by dedication to the boundary of such property. Distances between access points to adjoining property shall be based on block length standards set forth in § 93-26A(2).

Where a subdivision abuts or contains an existing or proposed arterial traffic street, the Pen Argyl Borough Council may require marginal access streets, reverse-frontage lots, or other such treatment as will provide protection for abutting properties, reduction in the number of intersections with the arterial street, and separation of local and through traffic.

Private streets (streets not to be offered for dedication) may be approved by the Pen Argyl Borough Council only if they meet the street design and improvement standards set forth in this chapter and when they are part of an approved condominium development.

If the lots in the development are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such an eventuality shall be provided.

Street right-of-way and cartway widths.

Street right-of-way and cartway widths in proposed subdivisions shall conform to the standards on the following chart:

Street Design Standards
Design Specification	Street Classification
Design Specification	Local	Collector	Arterial
Right-of-way width (feet)	50	50	80
Pavement width (feet)	34	36	24 to 48¹
Traffic lane width (feet)	9	10	12
Parking lane width (feet)	8 (when required)
Sidewalk width (feet)	4 as per § 93-35C
Curbing	Vertical curb, or grassed drainage swale with no curbing

NOTES:
¹	The width shall depend on whether two lanes or four lanes are provided for traffic.

The standards set forth in Subsection B(1) may be modified by the Pen Argyl Borough Council when an analysis of proposed development densities, provisions for off-street parking, and projected traffic volumes indicate a need for such modifications. The burden of proof shall be upon the developer to justify the adequacy of rights-of-way or cartway widths which are less than those set forth in Subsection B(1).

Horizontal curves.

Whenever street center lines are deflected more than 5° within 500 feet, connection shall be made by horizontal curves.

Horizontal curves shall be designed to produce the following minimum sight distances:

Local streets: 150 feet.

Collector streets: 300 feet.

Arterial streets: 600 feet.

A minimum tangent of 100 feet shall be required between reverse curves on a street and between a curve and a street intersection.

Street grades.

There shall be a minimum center line grade on all streets of 0.75%.

Unless approval is obtained from the Pen Argyl Borough Council upon recommendation from the Borough Engineer, center line grades shall not exceed the following:

Local streets: 11%

Collector streets: 8%.

Arterial streets: 6%.

Intersections shall be approached on all sides by leveling areas. Such leveling areas shall have a minimum length of 75 feet (measured from the edge of the cartway of the intersecting road), within which no grade shall exceed a maximum of 4%.

Vertical curves.

Vertical curves shall be used in changes of grade exceeding 1%. However, where the curve would be a sag curve, vertical curves shall be used in changes of grade exceeding 2%.

Vertical curves shall be designed to meet minimum sight distances according to standards set forth by the American Association of State Highway Officials.

Street intersections.

Streets shall intersect at right angles whenever practicable. When local streets intersect collector or arterial streets, the angle of intersection at the street center lines shall in no case be less than 75°. No two streets shall intersect with an angle of intersection at the center lines of less than 60°.

Multiple intersections involving the junction of more than two streets shall be prohibited.

Two streets intersecting a third street from opposite sides shall either intersect with a common center line or their center lines shall be offset according to the following distances:

The two streets shall be separated by a distance of 150 feet between center lines measured along the center line of the street being intersected when all three streets involved are local streets.

The two streets shall be separated by a distance of 300 feet between center lines measured along the center line of the street being intersected when one or more of the streets involved is a collector street.

The two streets shall be separated by a distance of 500 feet between center lines measured along the center line of the street being intersected when one or more of the streets involved is an arterial street.

Street curb intersections shall be rounded by a tangential arc with a minimum radius of:

Twenty feet for intersections involving only local streets.

Thirty feet for all intersections involving a collector street.

Forty feet for all intersections involving an arterial street.

Street right-of-way lines shall be parallel to (or concentric with) curb arcs at intersections.

Clear sight triangles shall be provided at all street intersections. Within such triangles, no object greater than 2 1/2 feet in height and no other object that would obscure the vision of the motorist shall exist or be placed. Such triangles shall be established as follows:

Seventy-five feet from the point of intersection of the center lines of the two streets, along the center lines of all streets, where both streets are local streets and the intersection is not controlled by a stop sign or a traffic light.

One hundred feet from the point of intersection of the center lines of the two streets, along the center lines of all streets, where at least one road is collector road and the intersection is not controlled by a stop sign or a traffic light.

One hundred fifty feet from the point of intersection of the center lines of the two streets along the center lines of all streets where at least one road is an arterial street and the intersection is not controlled by a stop sign or a traffic light.

Along the center line of the street where movement is controlled by a stop sign, from a point 20 feet from where the cartways of the two roads meet, to points 200 feet on each side from the point where the center lines of the two roads meet along the other road, if both roads are classified as local roads.

Along the center line of the street whose movement is controlled by a stop sign from a point 20 feet from where the cartways of the two roads meet, to points 300 feet on each side from the point where the center lines of the two roads meet along the other road, if at least one road is classified as a collector or arterial road.

Wherever a portion of the line of such triangles occurs within the proposed building setback line, such portion shall be shown on the final plan of the subdivision, and shall be considered a building setback line.

Culs-de-sac.

Dead-end streets are prohibited unless designed as cul-de-sac streets or designed for future access to adjoining properties.

Any dead-end street which is constructed for future access to an adjoining property or because of authorized stage development, and which is open to traffic and exceeds 200 feet in length, shall be provided with a temporary, all-weather turning circle or T-type turnaround. The turning circle or T-type turnaround shall be completely within the boundaries of the subdivision, and the use of the turnaround shall be guaranteed to the public until such time as the street is extended.

Cul-de-sac streets, permanently designed as such, shall not exceed 1,000 feet in length and shall not furnish access to more than 25 dwelling units. In the case of industrial parks, a cul-de-sac shall not furnish access to more than 100 employees. Exemptions from these requirements may be granted where necessary due to unique characteristics of the site.

All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turning circle. The turning circle may be offset to the left, but turnarounds offset to the right shall be discouraged.

If parking will be prohibited on the turning circle, the minimum radius to the pavement edge or curbline shall be 40 feet and the minimum radius of the right-of-way shall be 48 feet.

If parking will be permitted on the turning circle, the minimum radius to the pavement edge or curbline shall be 50 feet and the minimum radius of the right-of-way line shall be 58 feet.

The center line grade on a cul-de-sac street shall not exceed 11%, and the grade of the diameter of the turnaround shall not exceed 5%.

Half streets.

The dedication of new half streets at the perimeter of a new subdivision is prohibited.

The subdivider shall provide the entire required right-of-way, or as much thereof as is possible, within his property, along all existing streets which traverse or abut the property.

Street names and street signs.

Proposed streets which are in alignment with others already existing and named shall bear the name of the existing streets.

In no case shall the name of a proposed street duplicate an existing street name in the Borough and in the postal district, irrespective of the use of the suffix street, road, avenue, boulevard, driveway, place, court or lane.

All street names shall be subject to the approval of the Pen Argyl Borough Council.

Street signs shall be provided at the intersection of all streets. The type, height and design shall be according to the provisions of § 93-35I.

§ 93-28 Sanitary sewage disposal.

The developer shall provide the most effective type of sanitary sewage disposal consistent with the Borough's official plan for sewage facilities prepared in accordance with the Pennsylvania Sewage Facilities Act (Act 537)[1] and Chapter 71 of the Pennsylvania Department of Environmental Protection Regulations.

Editor's Note: See 35 P.S. § 750.1 et seq.

Connection to a public sanitary sewer system shall be required where such a system is proposed by the Borough's official plan for sewage facilities, can feasibly be provided to the proposed subdivision tract, and where such a system can adequately fulfill the sewage disposal needs of the subdivision or land development.

Where a public sanitary sewer system is not yet accessible to the site, but is planned for extension within a five-year period, the developer shall install sanitary sewer lines within the subdivision boundary to the point where the future connection to a public sewer system will be made. Lateral connections shall be constructed for all lots. Connections shall be available in the structures so as to allow the switch from the use of on-lot systems to the public system. Such sewer systems shall be capped until ready for use. On-lot disposal facilities shall be provided for interim use.

In subdivision/land developments where connection to a public sewage system is not possible, on-lot sewage disposal systems shall be provided in accordance with the Pennsylvania Sewage Facilities Act,[2] Chapter 73 of DEP Regulations, and the requirements of the Municipal Sewage Enforcement Officer. Each lot shall be provided with a tested, approved primary and secondary absorption area.

Editor's Note: See 35 P.S. § 750.1 et seq.

Sanitary sewerage systems shall be located and designed to minimize or eliminate flood damage, infiltration of floodwaters into the system, and discharges from the system into floodwaters.

On-lot sewage disposal systems shall be located and designed to avoid impairment or contamination from flooding.

§ 93-29 Water supply and distribution systems.

The developer shall provide a water supply and distribution system to service the proposed subdivision through one of the following methods:

Connection shall be made to the community water supply system where the system can feasibly be provided to the proposed subdivision tract and where the capacity of such a system can adequately fulfill the water supply demands of the proposed subdivision. A distribution system shall be designed to furnish an adequate supply of water to each lot.

Where a public water supply system is planned to serve the proposed subdivision area within 10 years, a centralized water system will be provided by the developer if the subdivision involves 20 or more dwelling units unless the average residential lot size is one acre or larger. Whenever such a system is provided, the water distribution lines shall be dedicated to the appropriate public authority and the authority will acquire other parts of the water supply system such as wells, pumps and storage tanks that can be integrated into the public water system. This will take place after the improvements are completed so that the system can be operated by the public authority. Also, such a system shall be designed and constructed in a manner that will permit adequate connection to a public water supply system in the future. The system shall meet the design and construction standards for centralized water systems set forth in Appendix A.[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

Where a public water supply is not proposed in the area of the proposed subdivision within 10 years, the developer shall provide a centralized water system if the subdivision involves 20 or more lots and the average residential lot size is less than one acre. The system shall meet the design and construction standards for centralized water systems set forth in Appendix A.

All centralized water systems that remain privately owned shall be organized in a manner as to fall within the jurisdiction of the Pennsylvania Public Utility Commission.

Water supply systems shall be located and designed to minimize or eliminate infiltration of floodwaters so as to meet Federal Insurance Administration provisions.

Fire hydrants shall be located no less than 500 feet from all primary buildings.

§ 93-30 Storm drainage systems.

Storm drainage systems shall be provided in order to:

Ensure adequate drainage of all low points along the line of streets.

Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained.

Provide positive drainage away from on-site sewage disposal systems.

Take surface water from the bottom of vertical grades, lead water from springs, and avoid excessive use of cross-gutters at street intersections and elsewhere.

Prevent overloading of downstream drainage systems and watercourses as a result of increased rate of runoff caused by the proposed development. No stormwater runoff or natural drainage shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on other private properties or public lands, without approved provisions being made by the developer for properly handling such conditions.

General requirements.

A stormwater management site plan for the proposed subdivision tract shall be prepared which illustrates the complete drainage systems for the subdivision. All existing drainage features which are to be incorporated in the design shall be so identified. If the subdivision is to be developed in stages, a general stormwater management site plan for the entire subdivision shall be presented with the first stage and appropriate development stages for the drainage system shall be indicated.

The stormwater management site plan for the proposed subdivision shall meet the requirements of the Act 167 Storm Water Management Ordinance as included in Appendix B.[1]

Editor's Note: Appendix B is included as an attachment to this chapter.

Drainage facilities that are located on state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation and a letter indicating such approval shall be directed to the Pen Argyl Borough Council.

All streets shall be designed so as to provide for the eventual discharge of surface water away from their rights-of-way.

Where detention facilities are included as part of the storm drainage system, the developer shall demonstrate that such ponds are designed, protected and located to assure that public safety is maximized and health problems are prevented.

Storm drainage systems shall be provided to permit unimpeded flow in natural watercourses, except as modified by stormwater detention facilities or open channels consistent with this chapter.

The existing locations of concentrated drainage discharge onto adjacent property shall not be altered, created, increased, decreased, or relocated without written approval of the affected property owner(s). Such stormwater flows shall be subject to the requirements of this chapter.

Areas of existing diffused drainage discharge onto adjacent property shall be managed such that, at minimum, the peak diffused flow does not increase in the general direction of discharge, except as otherwise provided in this chapter. If diffused flow is proposed to be concentrated and discharged onto adjacent property, the developer must document that there are adequate downstream conveyance facilities to safely transport the concentrated discharge or otherwise prove that no harm will result from the concentrated discharge. Areas of existing diffused drainage discharge shall be subject to any applicable release rate criteria in the general direction of existing discharge whether they are proposed to be concentrated or maintained as diffused drainage areas.

(9)

Where a site is traversed by watercourses other than those for which a 100-year floodplain is defined by the Borough, there shall be provided drainage easements conforming substantially with the line of such watercourses. The width of any easement shall be adequate to provide for unimpeded flow of storm runoff based on calculations made in conformance with Section 103 of Appendix B[2] for the 100-year return period runoff and to provide a freeboard allowance of 0.5 foot above the design water surface level. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations which may adversely affect the flow of stormwater within any portion of the easement. Also, periodic maintenance of the easement to ensure proper runoff conveyance shall be required. Watercourses for which the 100-year floodplain is formally defined are subject to the applicable Borough floodplain regulations.

Editor's Note: Appendix B is included as an attachment to this chapter.

(10)

When it can be shown that, due to topographic conditions, natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities of open channels shall be calculated using the Manning equation.

(11)

Post-construction BMPs shall be designed, installed, operated and maintained to meet the requirements of the Clean Streams Law[3] and implementing regulations, including the established practices in 25 Pa. Code Chapter 102 and the specifications of this chapter as to prevent accelerated erosion in watercourse channels and at all points of discharge.

Editor's Note: See 35 P.S. § 691.1 et seq.

(12)

Infiltration for stormwater management is encouraged where soils and geology permit, including, wherever possible, made as shallow as practicable, and located to maximize use of natural on-site infiltration features while still being consistent with the provisions of this chapter.

(13)

Earth disturbance activities associated with any regulated activities shall not commence until approval by the Borough of a plan which demonstrates compliance with the requirements of this chapter.

(14)

Techniques described in Appendix B, Attachment A-9 (Low-Impact Development)[4] of this chapter are encouraged because they reduce the costs of complying with the requirements of this chapter and the state water quality requirements.

Editor's Note: Appendix B is included as an attachment to this chapter.

(15)

The Borough may, after consultation with DEP, approve measures for meeting the state water quality requirements other than those in this chapter, provided that they meet the minimum requirements of, and do not conflict with, state law including, but not limited to, the Clean Streams Law.

(16)

For projects that add impervious area to a parcel, the total impervious area on the parcel is subject to the requirements of this chapter; except that the volume and peak rate controls in Appendix B do not need to be retrofitted to existing impervious areas that are not being altered by the proposed regulated activity.

Improvement specifications.

Inlets shall be designed and located to prevent hazardous conditions for vehicles, bicycles or pedestrians.

The Borough Engineer will supply additional specifications which may be necessary for spacing and type of inlets and manholes, minimum pipe sizes and materials and construction methods.

Stormwater BMP operation and maintenance plan requirements.

No regulated earth disturbance activities within the Borough shall commence until approval by the Borough of the BMP operations and maintenance plan which describes how the permanent (e.g., post-construction) stormwater BMPs will be properly operated and maintained.

The BMP operations and maintenance plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs, as follows:

If a plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Borough, stormwater BMPs may also be dedicated to and maintained by the Borough.

If a plan includes operations and maintenance by a single owner or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.

The Borough shall make the final determination on the continuing operations and maintenance responsibilities prior to final approval of the stormwater management site plan. The Borough reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater BMPs.

It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved BMP operations and maintenance plan or to allow the property to remain in a condition which does not conform to an approved BMP operations and maintenance plan unless an exception is granted in writing by the Borough.

For operation and maintenance plans that involve subdivision and land development, the applicant shall provide a financial guarantee to the municipality for the timely installation and proper construction of all stormwater management controls as required by the approved stormwater management site plan and this chapter in accordance with the provisions of Sections 509, 510, and 511 of the Municipal Planning Code.[5]

Editor's Note: See 53 P.S. §§ 10509, 10510, and 10511, respectively.

Facilities, areas or structures used as stormwater BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.

The operation and maintenance (O&M) plan shall be recorded as a restrictive deed covenant that runs with the land.

The Borough may take enforcement actions against an owner for any failure to satisfy the provisions of this chapter.

Operations and maintenance agreement for privately owned stormwater BMPs.

Prior to final approval, the property owner shall sign and record an operation and maintenance (O&M) agreement covering all stormwater control facilities which are to be privately owned. The agreement shall be substantially the same as the agreement in Appendix B, Attachment A-7, of this chapter.[6]

[6]

Editor's Note: Appendix B is included as an attachment to this chapter.

Other items may be included in the agreement where determined by the Borough to be reasonable or necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater BMPs. The agreement shall be subject to the review and approval of the Borough.

Stormwater management easements shall be provided by the property owner if necessary for access for inspections and maintenance or for preservation of stormwater conveyance, infiltration, detention areas and other BMPs by persons other than the property owner. The purpose of the easement shall be specified in any agreement under Subsection E.

The owner of any land upon which permanent BMPs will be placed, constructed or implemented, as described in the BMP operations and maintenance plan, shall record the following documents in the Office of the Recorder of Deeds for Northampton County, as applicable, within 90 days of approval of the BMP operations and maintenance plan by the Borough:

The operations and maintenance plan or a summary thereof.

Operations and maintenance agreements under Subsection E.

Easements under Subsection E(3).

If the stormwater BMPs are accepted by the Borough for dedication, the Borough may require the applicant to pay a specified amount to the Borough stormwater BMP operations and maintenance fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:

If the BMP is to be owned and maintained by the Borough, the amount shall cover the estimated costs for operation and maintenance in perpetuity, as determined by the Borough.

The amount shall then be converted to present worth of the annual series values.

If a BMP is proposed that also serves as a recreation facility (e.g., ball field, lake), the Borough may adjust the amount due accordingly.

The owner shall keep on file with the municipality the name, address, and telephone number of the person or company responsible for maintenance activities; in the event of a change, new information shall be submitted by the owner to the municipality within 10 working days of the change.

The owner, successor and assigns are responsible for operation and maintenance (O&M) of the stormwater management BMPs. If the owner fails to adhere to the O&M agreement, the municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.

Prohibitions.

Any drain or conveyance, whether on the surface or subsurface, that allows any nonstormwater discharge including sewage, process wastewater, and wash water to enter a regulated small MS4 or to enter the surface waters of this commonwealth is prohibited.

No person shall allow, or cause to allow, discharges into a regulated small MS4, or discharges into waters of this commonwealth, which are not composed entirely of stormwater, except as provided in Subsection F(3) below and as discharges authorized under a state or federal permit.

The following discharges are authorized unless they are determined to be significant contributors to pollution a regulated small MS4 or to the waters of this commonwealth:

Discharges or flows from firefighting activities.

Discharges from potable water sources, including water line flushing and fire hydrant flushing, if such discharges do not contain detectable concentrations of total residual chlorine (TRC).

Noncontaminated irrigation water, water from lawn maintenance, landscape drainage and flows from riparian habitats and wetlands.

Diverted stream flows and springs.

Noncontaminated pumped groundwater and water from foundation and footing drains and crawl space pumps.

Noncontaminated HVAC condensation and water from geothermal systems.

Residential (i.e., not commercial) vehicle wash water where cleaning agents are not utilized.

Noncontaminated hydrostatic test water discharges, if such discharges do not contain detectable concentrations of TRC.

In the event that the municipality or DEP determines that any of the discharges identified in the above Subsection F(3) significantly contribute pollutants to a regulated small MS4 or to the waters of this commonwealth, the municipality or DEP will notify the responsible person(s) to cease the discharge.

Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs wherever feasible.

No person shall modify, remove, fill landscape, or alter any stormwater management BMPs, facilities, areas, or structures that were installed as a requirement of this chapter without the written approval of Pen Argyl Borough.

Exemptions.

Regulated activities that result in cumulative earth disturbances less than one acre, are exempt from the requirements in § 93-22, Stormwater management site plan requirements.

Agricultural activity, forest management and timber operations are exempt from the stormwater management site plan (SWM site plan) preparation requirements of this chapter provided the activities are performed according to the requirements of 25 Pa. Code Chapter 102.

Exemptions from any provisions within this chapter shall not relieve the applicant from the requirements protecting health, safety and property as noted in § 93-1 and environmental protection measures § 93-8C.

The Borough may deny or revoke any exemption pursuant to this section at any time for any project that the Borough believes may pose a threat to public health, safety or the environment.

§ 93-31 Underground utilities and utility easements.

In accordance with the Pennsylvania Public Utility Commission Investigation Docket No. 99, as amended from time to time, all electric utility distribution lines shall be installed underground in subdivisions or land developments of five or more dwelling units. In addition, the following design requirements shall be observed:

Established public utility and state and federal governmental agency design standards shall be observed in preparing the utility plan.

Utility lines to be installed within street rights-of-way shall be located according to Borough or Pen Argyl Sewer Authority requirements.

Whenever practicable, telephone and cable TV utilities shall be installed underground in connection with the installation of electric utility distribution lines.

Streetlighting, where required, shall be provided at each intersection of the development and at intervals not to exceed 200 feet between intersections.

Utility lines shall be installed at the rough grade phase of construction. Utility lines shall be installed according to their depth, with the utility line installed at the greatest depth being installed first.

Utility easements.

Utility easements shall be provided for all utility lines servicing the abutting lots when such utility lines are installed outside street rights-of-way. No structures or trees shall be placed within such easements. The location of utility easements shall be acceptable to the appropriate public utility or municipal authority.

Whenever practicable, all utility lines to be installed outside street rights-of-way shall share a common utility easement.

Utility easements shall be located either:

Abutting the street right-of-way. In this case, a minimum easement width of 10 feet shall be required.

Along rear or side lot lines. In this case, a minimum easement width of 20 feet, 10 feet on each side of the lot line, shall be provided. Where the lot line coincides with the subdivision boundary, a minimum easement width of 15 feet may be required by the Pen Argyl Borough Council.

Petroleum and natural gas transmission lines.

No company intending to install any petroleum, petroleum product or natural gas transmission line shall be allowed to construct the line on less than a fifty-foot right-of-way. Such lines are to be installed in the center of the right-of-way, and shall comply with the applicable standards imposed by state and federal laws and regulations.

There shall be a minimum distance of 25 feet, measured from the right-of-way line, between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line which traverses the subdivision.

Floodproofing. Facilities for gas, electric and communication utilities shall be elevated or floodproofed to a level at least one foot above the 100-year flood elevation.

§ 93-32 Mobile home parks.

Applicable standards and requirements. The design and development of mobile home parks shall conform to all the general standards and requirements set forth for subdivision and land developments in this chapter in addition to the specific design standards set forth herein (§ 93-32).

Permits.

It shall be unlawful for any person to construct, alter, or extend any mobile home park or any of the facilities thereof within the limits of the Borough unless such action has been approved by the Pen Argyl Borough Council.

Mobile home park expansions, constructions and alterations shall be approved by the Pen Argyl Borough Council only after all requirements of this chapter are met.

Off-street parking areas.

Off-street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. A minimum of two off-street parking places for each mobile home unit shall be required.

Required car parking spaces shall be so located as to provide convenient access to the mobile home but shall not exceed a distance of 200 feet from the mobile home that they are intended to serve.

Pedestrian walkways.

All parks shall provide safe, convenient, all-season pedestrian access between individual mobile homes, the park streets, and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.

Where a common walk system is provided and maintained between locations, and where pedestrian traffic is concentrated, such common walks shall have a minimum width of 3 1/2 feet.

All mobile home stands shall be connected to common walks, streets, driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two feet.

Mobile home siting.

Mobile home stand construction.

The area of the mobile home stand shall be improved to provide an adequate foundation for the placement of the mobile home.

The stand shall be constructed from either concrete, asphalt concrete or other material sufficient to adequately support the mobile home and to prevent abnormal settling or heaving under the weight of the home. The corners of the mobile home shall be anchored to prevent wind overturn and rocking with tie-downs such as concrete dead men, screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.

After a mobile home has been anchored to the mobile home stand, the hitch which is employed for the transportation of the unit shall be removed, and there shall be a decorative skirt installed around the base of the unit.

Common open space.

At least 20% of the usable site area of the mobile home park must be in common open space. The usable site area is that area which is free of water surfaces, severe high water table, quarries, or slopes over 20%.

Whenever possible, the common space shall be designed as a contiguous area with pedestrian and visual accessibility to all residents of the mobile home park.

Recreation areas and facilities shall be provided to meet the anticipated needs of the residents of the park. Not less than 10% of the usable site area shall be devoted to recreation. Recreation areas shall be of a size, shape and relief that is conducive to active play.

Utilities.

Water supply.

All mobile home parks shall be connected to the community water supply and distribution system upon construction or expansion. The availability of service shall be certified in accordance with the provisions of § 93-21D(4).

Individual water connections.

Individual water-riser pipes shall be located within the confined area of the mobile home stand at a point where the water connection will approximate a vertical position, thereby insuring the shortest water connection possible and decreasing susceptibility to water pipe freezing.

The water-riser pipe shall have a minimum inside diameter of 3/4 inch and terminate at least four inches above the ground surface. The water outlet shall be provided with a cap when the mobile home does not occupy the lot.

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipe and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe.

A shutoff valve below the frost line shall be provided near the water-riser pipe on each mobile home lot. Underground stop-and-waste valves are prohibited unless the type of manufacture and method of installation are approved by the Borough Engineer.

Sewage disposal.

All mobile home parks shall be connected to the public sanitary sewage disposal system upon construction or expansion. The availability of service shall be certified in accordance with the provisions of § 93-21D(5).

Individual sewer connections.

Each mobile home stand shall be provided with at least a four-inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a vertical position.

The sewer connection shall have a nominal inside diameter of not less than four inches, and the slope of any portion thereof shall be at least 1/4 inch per foot. All joints shall be watertight.

All materials used for sewer connections shall be semi rigid, corrosion-resistant, nonabsorbent and durable. The inner surface shall be smooth.

Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the site. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least 1/2 inch above ground elevation.

Individual electrical connections.

Each mobile home lot shall be provided with an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 120/240 volts AC, 100 amperes.

The mobile home shall be connected to the outlet receptacle by an approved type of flexible cable with connectors and a male attachment plug.

Where the calculated load of the mobile home is more than 100 amperes, either a second outlet receptacle shall be installed or electrical service shall be provided by means of permanently installed conductors.

Required electrical grounding. All exposed noncurrent carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor run with branch circuit conductors and other approved methods of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment.

Natural gas systems.

Natural gas piping systems, when installed in mobile home parks, shall conform to the rules and regulations of the American Gas Association.

Each mobile home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with a cap to prevent accidental discharge of gas when the outlet is not in use.

Liquefied petroleum gas systems.

Liquefied petroleum systems provided for mobile homes, service buildings or other structures shall be installed and maintained in conformity with the rules and regulations of the National Fire Prevention Association Standards NFPA Nos. 57 and 58.

Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.

All liquefied petroleum gas piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas shall not be conveyed through piping equipment and systems in mobile homes.

Vessels of more than 12 and less than 60 U.S. gallons' gross capacity may be installed on a mobile home lot and shall be securely, but not permanently, fastened to prevent accidental overturning.

No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure.

Fuel oil supply systems.

All fuel oil supply systems for mobile homes, service buildings, and other structures shall be installed and maintained in conformity with the rules and regulations of the National Fire Protection Association Standard NFPA No. 31.

All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely, but not permanently, fastened in place.

All fuel oil supply systems provided for mobile homes, service buildings, and other structures shall have shutoff valves located within five feet from any mobile home exit.

All fuel storage tanks or cylinders shall be a minimum of five feet from any mobile home exit.

Storage tanks located in areas subject to traffic shall be protected against physical damage.

Roads. The private street system shall be designed and built to the specifications contained in this chapter.

The roads shall meet the design standards for local roads contained in § 93-27.

The roads shall be built to the local road specifications set forth in the Pen Argyl Improvements Specifications Ordinance.[1]

Editor's Note: See Art. V, Improvement Specifications.

§ 93-33 Environmental protection and open space preservation.

Erosion and sedimentation control.

All earthmoving activities shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation.

No regulated earth disturbance activities within the Borough shall commence until approval by the Borough of an erosion and sediment control plan for construction activities. Written approval by DEP or a delegated County Conservation District shall satisfy this requirement.

An erosion and sediment control plan is required by DEP regulations for any earth disturbance activity of 5,000 square feet or more under 25 Pa. Code § 102.4(b). The erosion and sedimentation control plan shall be developed in the form outlined in the Soil Erosion and Sedimentation Control Manual, issued by the Pennsylvania Department of Environmental Protection.

All erosion and sedimentation control plans shall be submitted with the final plan as set forth in § 93-20D(10) of this chapter.

A DEP NPDES stormwater discharges associated with construction activities permit is required for regulated earth disturbance activities under 25 Pa. Code Chapter 92.[1]

Editor's Note: Chapter 92 of Title 25 of the Pennsylvania Code was reserved October 9, 2010. See now 25 Pa. Code Chapter 92A.

The Pen Argyl Borough Council may require the submission of the erosion and sedimentation control plan to the County Conservation District for review and recommendations, whether a permit for earthmoving is required or not.

Evidence of any necessary permit(s) for regulated earth disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Borough before the commencement of an earth disturbance activity.

A copy of the erosion and sediment control plan and any permit, as required by DEP regulations, shall be available at the project site at all times.

(9)

For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law.[2] Various BMPs and their design standards are listed in the Erosion and Sedimentation Pollution Control Program Manual (E&S Manual), No. 363-2134-008, as amended and updated.

Editor's Note: See 35 P.S. § 691.1 et seq.

Natural feature preservation. The design and development of all subdivisions and land developments shall preserve, whenever possible, natural features which will aid in providing adequate open space for recreation and conditions generally favorable to the health, safety, and welfare of the residents. Some of these natural features are the natural terrain of the site, woodland areas, large trees, natural watercourses and bodies of water, wetlands, rock outcroppings, and scenic views. More detailed standards concerning the preservation of specific natural features are set forth in the following sections.

Floodplain regulation.

The flood elevation map shall be based on the municipal Flood Insurance Rate Map (FIRM). When not available, the map shall be based on estimated 100-year flood elevations or estimated areas subject to flooding based on best available data.

No new buildings or structures shall be placed within the bounds of the 100-year floodplain except as Subsection B(1)(c) provides.

The substantial improvement of an existing building or the redevelopment of a vacant but formerly developed parcel is permissible within the floodway fringe if said development is in accordance with the floodplain provisions of the Borough Zoning Ordinance,[3] if one has been enacted, or with Chapter 58, Floodplains.

Editor's Note: See Ch. 108, Zoning.

When a developer does not intend to develop the plat himself and the Pen Argyl Borough Council determines that additional controls are required to ensure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.

The finished elevation of proposed streets shall not be more than one foot below the regulatory flood elevation. The Pen Argyl Borough Council may require profiles and elevations of streets to determine compliance with the requirements. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.

All sanitary sewer systems, whether public or private, shall be floodproofed up to the regulatory flood elevation.

The installation of sewage disposal facilities requiring soil absorption systems shall be prohibited within designated floodplain areas.

All water systems, whether public or private, shall be floodproofed up to the regulatory flood elevation.

(i)

All other public and private utilities and facilities including gas and electric shall be elevated or floodproofed up to the regulatory flood elevation.

Landscaping.

General conditions.

Required plant material shall not be planted until the finished grading of the subdivision or land development has been completed.

All required planting shall be guaranteed for a period of 12 months from the date of planting and shall be alive and healthy as determined by the Borough at the end of the guaranteed period. Should a disagreement arise as to whether the planting is alive and healthy, a qualified nurseryman shall be retained by the Borough at the expense of the developer to make a final determination.

Where planting is required, it shall be assured by financial security posted with the Borough in an amount equal to the estimated cost of trees and shrubs and planting. Such guarantee shall be released only after passage of the second growing season following planting.

The developer shall be responsible for plant material provided for a period of 12 months. Any such tree that dies within the time period shall be removed, including the stump, and replaced by a tree or shrub, similar in size and species, at the expense of the developer.

All mechanical and electrical equipment not enclosed in a structure shall be fully and completely screened from view from any point in a manner compatible with the architectural and landscaping style of the remainder of the lot.

Existing vegetation.

In cases where natural features existing on the site duplicate or essentially duplicate the requirements of the street tree or landscaping provisions of this chapter, these requirements may be waived.

All subdivisions and land developments shall be laid out in such manner as to preserve the healthy trees on the site. If trees greater than eight inches in caliper are removed, they shall be replaced by trees of three-and-one-half-inch minimum caliper which appear on the recommended plant list.

During the construction of any site, trees and shrubs, as defined herein, shall be protected by fencing to insure that there is no encroachment within the area of their dripline by changing grade, trenching, stockpiling of building materials or topsoil, or the compaction of the soil and roots by any motor vehicle unless the following regulations are met:

The area of dripline of any tree or group of trees may be encroached up to a maximum of 1/3 of the total area of the dripline, provided that an equivalent proportion of the canopy is removed by pruning by a trained arborist.

The grade of land within the entire area of dripline shall not be raised more than six inches unless tree wells are constructed around each trunk or group of trunks and aeration pipes are extended out to the edge of the dripline.

[c]

Tree wells are to be constructed of uncemented stone or any other suitable material. Such walls shall be a minimum of three feet in diameter or one foot in diameter for each inch in caliper measured 12 inches above natural ground level, whichever is greater.

[d]

Retaining walls are to be constructed around each tree or group of trees immediately after any grade is lowered within the area of the dripline.

If any plant material is to be moved, it must be done in accordance with the specifications set forth by the American Association of Nurserymen.

All diseased or dead trees shall be promptly removed from the site.

Detention basin plantings. As a general standard, one tree shall be planted per each 45 linear feet of the perimeter. It is preferred, however, that this required number of trees be planted in an informal arrangement if possible. Approved trees for the perimeter of detention basins shall include the following:

Acer rubrum: red maple.

Liquidambar styraciflua: sweet gum.

Nyssa sylvatica: black gum.

Salix species: willow.

Parking facilities.

Screen planting shall be provided along each perimeter of a parking area. No less than 10% of a proposed parking area must consist of buffer areas and islands and must be landscaped and continually maintained.

Any area for off-street parking or for display, storage, sale or movement of three or more motor vehicles shall be enclosed, except at entrances or exits, by a compact evergreen hedge, not less than four feet in height.

Where a planted screen is proposed, it shall incorporate the planting of staggered and overlapping evergreen and deciduous shrubs of such species and size as will produce within two growing seasons (May through September) after planting a screen at least four feet higher than the elevation of the adjacent parking area, and of such density as will obscure 75% of the light emitted from automobile headlights on the premises throughout the full course of the year.

Where the adjacent land elevation is higher than the parking area elevation, trees and shrubs shall be at least two feet in height, satisfaction of the four-foot requirement notwithstanding. These provisions shall not, however, interfere with the maintenance of clear sight lines at intersections. Where such screening is required, it shall be assured by a performance guarantee posted with the governing body in an amount equal to 20% of the estimated cost of the plantings. Such guarantee shall be released only after passage of the second growing season following planting.

Parking areas of a twenty-vehicle capacity shall be separated from one another by planting strips not less than 10 feet in width.

All parking areas shall have at least one tree of two-and-one-half-inch caliper minimum for every five parking spaces in single bays and one tree of two-and-one-half-inch caliper minimum for every 10 parking spaces in double bays. Trees shall be planted in such a manner to afford maximum protection from the sun for parked vehicles. A minimum of 10% of any parking lot facility over 2,000 square feet in gross area shall be devoted to landscaping, inclusive of required trees.

[6]

Plantings shall be able to survive soot and gas fumes. Trees which have low-growing branches, gum or moisture which may drop on vehicles, blossoms, thorns, seeds, or pods which may clog drainage facilities shall be avoided. The plantings chosen should be of sufficient size to be effective the first year they are planted.

[7]

For recommended plants, see Subsection B(2)(g).

Multiple-family developments.

For all multifamily developments, the following minimum landscaping shall be provided either on-lot or within the general open space in addition to all other required landscaping and parking requirements.

Any combination of the following shall be required for each dwelling unit. Either:

One two-inch caliper shade tree;

One evergreen tree of four feet to five feet; or

[c]

Two flowering trees, or eight shrubs of two feet to three feet.

Nonresidential projects. Buffer planting shall be provided along the lot lines of commercial, industrial, public properties and areas of active recreation where such lots abut residentially zoned property. Parking and structures are prohibited within the buffer area.

Buffer areas shall consist of one row, staggered, of mixed evergreen and deciduous trees which shall be at least six feet in height when planted and shall be spaced not more than 10 feet apart on center and two rows, staggered, of mixed broadleaf and needle evergreen shrubs, which shall be at least three feet in height when planted and shall be spaced not more than five feet apart on center. The trees shall be of such species so as to attain a height at maturity of not less than 20 feet. The shrubs shall be of such species as to provide continued screening from the ground to a height of six feet at maturity. Deciduous plant materials shall comprise no more than 30% of the number of plants in the buffer. The required height of the buffer planting may be achieved in part by mounding or installation of plants along a berm.

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 a combination of architectural masonry (or fencing) and landscaping with a height of at least six feet.

Parking and storage of vehicles in front yards of properties, shall be screened from the public right-of-way by an earthen berm and/or plant matter which provides a dense visual screen to four feet in height at maturity. Plant matter shall consist of two rows of mixed broadleaf and needle evergreen shrubs planted in staggered rows. Plants shall be spaced not more than five feet apart on center and shall be at least three feet in height when planted. Additional planting in the form of noncanopy trees and deciduous shrubs is acceptable.

All planting shall be performed in conformance with good nursery and landscape practice. Plant materials shall conform to the standards recommended by the American Association of Nurseryman, Inc., in the current edition of the American Standard of Nursery Stock.

Ground cover shall be provided on all areas of the project to prevent soil erosion. All areas which are not covered by paving, stone, or other solid material or landscaping as required above, shall be protected with a suitable ground cover, consisting of spreading plants including sods and grasses less than 18 inches in height.

The following are plant materials and sizes recommended for landscaping purposes. The Pen Argyl Borough Council may permit other planting types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed below. All planting material shall meet the standards of the American Association of Nurserymen.

Canopy tree (one-and-one-half-inch caliper):

Acer x freemanii 'Armstrong' - Columnar red maple

Acer ginnala - Amur maple

Acer rubrum - Red maple

Acer saccharum - Sugar maple

Celtis occidentalis - Common hackberry

Fagus grandifolia - American beech

Gingko biloba - Gingko (male only)

Gleditsia triacanthos inermis - Thornless honey locust

Liquidamber styraciflua - Sweet gum

Plantanus acerifolia - London plane tree

Quercus alba - White oak

Quercus borealis or rubra - Northern red oak

Quercus coccinea - Scarlet oak

Quercus palustris - Pin oak

Sophorajaponica - Japanese pagodatree

Tilia - Linden - all species hardy to the area

Ulmus carpinifolia - Elm hybrids (Dutch Elm disease-resistant cultivars)

Zelkova serrata - Japanese zelkova

Flowering trees.

Amelanchier canadensis - Shadblow serviceberry; 5 to 6 feet

Cercis canadensis (single leader)- Eastern redbud; caliper of 1 1/2 inches

Cornus florida - Flowering dogwood; 5 to 6 feet

Cornus kousa - Kousa dogwood; 5 to 6 feet

Cornus mas - Carnelian cherry; 5 to 6 feet

Crataegus phaenopyrum - Washington hawthorn; 5 to 6 feet

Magnolia acuminata - Cucumber tree magnolia; 5 to 6 feet

Magnolia soulangeana - Saucer magnolia; 5 to 6 feet

Malus floribunda - Japanese flowering crab; caliper of 1 1/4 to 1 1/2 inches

Prunus kwanzan - Kwanzan cherry; caliper of 1 1/4 to 1 1/2 inches

Prunus yedoensis - Yoshino cherry; caliper of 1 1/4 to 1 1/2 inches

Syringa reticulata - Ivory silk; caliper of 1 1/2 inches

Evergreens (four feet to five feet installed height):

Ilex opaca - American holly

Picea abies - Norway spruce

Picea omorika - Serbian spruce

Picea pungens - Colorado spruce and Blue spruce

Pinus nigra - Austrian pine

Pinus strobus - White pine

Pseudotsuga menziesii - Douglas fir

Evergreen shrubs:

Juniperus virginiana - Upright juniper; 4 to 5 feet

Taxus capitata - Upright yew; 2 1/2 to 3 feet

Taxus hicksi - Hicks yew; 2 1/2 to 3 feet

Thuja occidentalis - American arborvitae; 4 to 5 feet

Deciduous shrubs; (2 1/2 to 3 feet install height).

Cornus sericea - Red twig dogwood; species hardy to the area

Fothergilla - species hardy to the area

Hamamelis vernalis - Vernal witch hazel

Hamarnelis virginiana - Common witch hazel

Ilex verticillata - Winterberry

Viburnum - species hardy to the area

Topography.

(i)

The natural terrain of the proposed subdivision tract will be retained wherever possible with cut-and-fill operations being kept to a minimum. Subdivisions and land developments shall minimize the disturbance of steeply sloping areas; that is, areas with slopes in excess of 15%. Development shall be directed to the lesser sloping portions of the site to the greatest degree possible.

(j)

Finished slopes on all cuts and fills shall not exceed 33%.

Topsoil protection. Topsoil shall not be removed from the development site or used as fill. Topsoil shall be removed from the areas of construction and stored separately. The topsoil shall be stabilized to minimize erosion during storage. Upon completion of the construction, topsoil must be uniformly redistributed on the site.

Permit requirements by other government entities. The following permit requirements apply to certain regulated and earth disturbance activities and must be met prior to commencement of regulated and earth disturbance activities, as applicable:

All regulated and earth disturbance activities subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.

Work within natural drainageways subject to permit by DEP under 25 Pa. Code Chapter 102.

Any stormwater management facility that would be located in or adjacent to surface waters of the commonwealth, including wetlands, subject to permit by DEP under 25 Pa. Code Chapter 105.

Any stormwater management facility that would be located on a state highway right-of-way or require access from a state highway shall be subject to approval by the Pennsylvania Department of Transportation (PennDOT).

Culverts, bridges, storm sewers or any other facilities which must pass or convey flows from the tributary area and any facility which may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter 105.

Lighting standards for all uses, subdivisions, and land developments. The standards of this section shall regulate lighting for all residential and/or nonresidential land uses, subdivisions, and land developments.

Applicants shall provide lighting for safe and convenient visibility for pedestrian, bicycle, and motor vehicle access to residential and nonresidential properties and for the legitimate use of properties by residents, visitors, customers, and/or employees.

No part of any luminaire mounted on a freestanding lighting standard or on a building wall shall exceed 20 feet in height above the adjacent finished grade.

Illumination of all parking lots, around all buildings and along all pedestrian walkways shall provide a minimum maintained level of 1/2 footcandle, and an average of one footcandle, and a maximum level of four footcandles. (One footcandle equals one lumen per square foot.)

All luminaires shall comply with Illuminating Engineering Society of North America (IESNA) full-cutoff criteria, shall have flat lenses, and shall be aimed straight down, unless the luminaire can be directed in another angle to prevent light trespass onto adjoining properties.

Floodlighting of entire building facades shall be prohibited. Partial lighting of building facades for decorative and/or security purposes may be permitted, provided that no more than 25% of any one facade is so lighted.

Lighting poles or standards that abut parking spaces shall be protected from damage by vehicles by being placed on concrete bases or pedestals that are at least 30 inches high above finished grade, or by being placed at least five feet behind the edge of the paved area, tire stops, or curbing, or by other suitable location within a raised island.

Hours of operation.

Nonresidential development. Lighting shall be extinguished within one hour after the close of business and remain off until dawn, but in no case past 11:00 p.m. For all-night operations, and/or all-night security lighting, the Borough Council may permit an appropriate lighting scheme with the advice of the Borough Engineer and Planning Commission.

Residential development. Security lighting and lighting of common walkways, parking lots, and shared building entrances shall be maintained from dusk to dawn for multifamily and single-family attached dwellings.

The amount of light trespassing onto an adjacent residential use or property shall not at any time exceed 0.1 vertical footcandle, line of sight from any location on the residential property or use, and shall not exceed 1.0 vertical footcandle, line of sight from any location on any nonresidential property or use.

(9)

Where the abutting property is residentially zoned or used, nonresidential uses shall direct luminaires toward the nonresidential development and shield the residential properties from direct lighting or glare. A lighted nonresidential use shall also require the installation of a landscaped screen buffer along the residential property line, in compliance with the landscaping regulations of this chapter.

(10)

Luminaires closer to a side or rear lot line than the side or rear yard setback shall be no more than 10 feet high, and shall be so constructed that all light shall be aimed perpendicular to the side or rear lot line and in the direction of the nonresidential development.

(11)

All luminaires for nonresidential uses shall use the most current lighting industry technology to ensure that these performance standards are satisfied.

Dedication of recreation land or payment of fees in lieu thereof.

[Added 5-2-2023 by Ord. No. 726]

Statement of findings and intent.

Residential subdivisions and land developments create significant demands for open space, including active and passive recreational areas and facilities.

The Borough has certain goals and objectives which are listed in the Plan Slate Belt Multi Municipal Comprehensive Plan, the Pen Argyl Revitalization Plan, Weona Park Master Site Development Plan, and this article.

To meet the demands for open space, to protect natural resource areas from development and to achieve the aforesaid goals and objectives it is necessary and desirable for the Borough to provide for the dedication of open space and recreation land or the payment of fees in lieu thereof.

Section 503(1.1) of the Pennsylvania Municipalities Planning Code[4] includes specific provisions for the public dedication of land for recreation, the construction of recreational facilities, and the payment of fees in lieu thereof.

Editor's Note: See 53 P.S. § 10503(1.1).

Applicability. This section shall apply to all applications for residential subdivision or land development approval.

Recreation land dedication.

Requirement and dedication. Every applicant for residential subdivision or land development approval shall dedicate to the Borough not less than the minimum area of recreation land hereinafter, unless:

The applicant and the Borough agree that such recreation land may be privately reserved or dedicated to another public entity.

The Borough elects to have the applicant pay fees in lieu of and such fees are paid, as specified hereinafter.

Area of required dedication.

Minimum open space: 3,500 square feet of area for each approved dwelling unit.

Mix of recreation land. Not less 75% of the land area must be comprised of suitable active recreation area. The remaining 25% may include natural resource area and/or suitable passive recreation area.

Dedication process.

The dedication shall be made by delivery to the Borough, prior to recordation of the approved subdivision or land development plan:

A fully executed and acknowledged special warranty deed, which shall be subject to the review and approval of the Borough Engineer and the Borough Solicitor.

A current certification of title or policy of title insurance issued by a reputable title insurance company authorized to transact the business of title insurance in the Commonwealth of Pennsylvania or current opinion of title by an attorney licensed to practice law in the Commonwealth of Pennsylvania, which shall be subject to the review and approval of the Borough Solicitor.

The recreation land shall be conveyed free and clear of all liens, encumbrances and easements (excepting existing easements or restrictions of record which do not make the land unsuitable for its intended use and provided they do not render the title unmarketable).

General recreation land requirements.

The applicant shall clearly state, in writing, what improvements it intends to make in connection with the development such that the recreation land will be suitable for its intended purpose, such as installation of recreational facilities, development of trails and or other site improvements.

Recreation land shall initially be offered for dedication to the Borough. The Borough Council may authorize the applicant to offer the land to another public entity, including but not limited to the Pen Argyl Area School District or Northampton County.

Required recreation land shall be contiguous, except as may be specifically exempted by Borough Council.

Required recreation land shall have adequate access for pedestrians, bicyclists, emergency and service vehicles.

Other ordinances. Any required dedication under this section shall be in addition to any land dedication or improvement requirements of any other Borough ordinance or resolution, unless specifically stated otherwise.

Prohibited lands. No area shall be used to meet the minimum recreation land requirements of this section if such area is:

Within 25 feet of any building.

Within 25 feet of a parking area (other than parking areas specifically developed to serve the recreation land).

Within the right of way of overhead electrical transmission lines of over 35 kilowatts of capacity.

Within stormwater detention basins or other stormwater BMP facilities.

Fees in lieu of recreation lands dedication.

The applicant can also meet their requirement for recreation lands by paying fees to the Borough that will be used for recreation facilities.

The recreation fee per dwelling unit shall be established by Borough Council annually.

The Borough Council shall decide if fees, recreation lands, recreation facilities, or a combination thereof best meets the needs of the Borough for a particular project.

Limitations on use of fees.

The land or fees, or combination thereof, are to be used only for the purpose of providing, acquiring, operating or maintaining park or recreation facilities reasonably accessible to the development.

The fees collected under this chapter shall, upon its receipt by the Borough, be deposited in an interest-bearing account, clearly identified as reserved for providing, acquiring, operating or maintaining park or recreation facilities. Interest earned on such accounts shall become funds of that account.