Every application for a subdivision and land development shall
be subject to the provisions of this chapter and the Pennsylvania
Municipalities Planning Code.[1] The final approval of any plat, whether by action of the
Borough Council of the Borough of Trappe, or by deemed approval under
Section 508 of the Pennsylvania Municipalities Planning Code[2] or otherwise, shall be subject to a development agreement
being duly executed by the developer, owner and Borough Council, or
otherwise, approved by a court of competent jurisdiction, and duly
recorded of record. The fully executed or otherwise approved development
agreement must be recorded of record, in the Recorder of Deeds Office
in and for Montgomery County, Pennsylvania, prior to any development
or permits being granted. The development agreement shall incorporate
all the terms and conditions upon approval of the plat, including
but not limited to the public improvements, standard of design, site
and development plans, requirements concerning impounding basins,
surface water and drainage, erosion, and stormwater management, street
signs, barricades, landscaping, fencing, parking, capital cost contributions,
indemnification, certification of insurance, compliance with rules
and regulations of the Borough of Trappe and its ordinances, security
for public improvements, maintenance bond, deed of dedication, construction
and maintenance of streets, necessary covenants running with the land
or easements, certification of title, waste material, assignment,
inspection, time of performance, building permits, liability of the
Borough of Trappe, remedies, payment of all costs, expenses and fees.
A.
Required improvements shall be completed under specifications of
the Pennsylvania Department of Transportation, the Pennsylvania Department
of Environmental Protection, the Montgomery County Conservation District,
and other appropriate agencies and the specifications included herein.
In the event of conflict, the specifications established by the agency
having jurisdiction over such improvement construction shall take
precedent.
B.
No plan shall be finally approved unless the streets shown have been
improved as required by this chapter and any walkways, curbs, gutters,
streetlights, fire hydrants, shade trees, water mains, sanitary sewers,
storm drains and other improvements as may be required by this chapter
have been installed in accordance with this chapter.
C.
The applicant and owners of record shall agree in writing to construct streets and all other improvements required by this chapter from the lot or lots to be sold or built upon an existing improved street, subject to the provisions of § 295-3, herein. The work shall be performed in strict accordance with approved plans and the Borough standards and specifications, or the applicable provisions of Pennsylvania Department of Transportation Form 408 Specifications, latest edition, or any subsequent number or section thereof.
D.
Title insurance shall be supplied to the Borough verifying and insuring
that any and all public improvements shall be constructed on property
subject to the plans submitted and owned by the owners of record as
represented. The title insurance shall inure to the benefit of the
Borough in an amount equal to the estimated value of the improvements
as determined by the Borough Engineer and as approved by the Borough
Solicitor. Where financial security is provided to the Borough in
accordance with this section, proof shall be presented in accordance
with the title insurance certificate that the value of the property
minus all liens of record exceeds the estimated improvement cost as
determined by the Borough Engineer by an amount equal to 110% thereof.
As a condition of final approval, the owners of record shall execute
a lien, encumbering the property, as further guarantee of the completion
of the public improvements. The lien and encumbrance shall be established
by appropriate documents to be prepared by the Borough Solicitor with
costs to be borne by the applicant. The lien shall be secondary to
the liens and encumbrances of record as set forth in the title insurance
policy, and the aforesaid priority in favor of the Borough shall so
be insured by the title insurance company with the appropriate documentation
being presented to the Borough.
E.
Financial security to cover costs of any improvements. In lieu of
the completion of any improvements required as a condition for final
plan approval, a deposit in an amount sufficient to cover the costs
of any improvements or common amenities shall be provided to the Borough.
Included, but not limited to, in the determination of these costs
are roads, stormwater detention and/or retention basins and other
related drainage facilities, recreational facilities, open space improvements,
or buffer or screen plantings which may be required. Without limitation
as to the type of financial security which the Borough may approve,
which approval shall not be unreasonably withheld, federal or commonwealth-chartered
lending institution irrevocable letters of credit and restrictive
or escrow accounts in such lending institutions shall be deemed acceptable
financial security for the purposes of this section.
(1)
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
developer, builder or subdivider posting the financial security, provided
said bonding company or lending institution is authorized to conduct
business within the commonwealth.
(2)
Amount of financial security.
(a)
The amount of the financial security to be posted for the completion
of the required improvements shall be equal to 110% of the costs of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the Borough Council may adjust
the amount of the financial security by comparing the actual costs
of the improvements which have been completed and the estimated costs
for the completion of the remaining improvements as of the expiration
of the 90 days after either the original date scheduled for completion
or rescheduled date of completion. Subsequent to said adjustment,
the Borough Council may require the developer to post additional security
in order to assure that the financial security equals 110%. Any additional
security shall be posted by the developer in accordance with this
section.
(b)
The amount of the financial security required shall be based
upon the estimate of costs of completion of the required improvements,
submitted by the applicant or developer and prepared by a professional
engineer, licensed as such, in this commonwealth, and certified by
such engineer to be a fair and reasonable estimate of such costs.
The Borough Council, upon the recommendation of its engineer, may
refuse to accept such estimate for good cause shown. If the applicant
or developer and Borough Council are unable to agree upon an estimate,
the estimate shall be recalculated and recertified by another professional
engineer licensed as such in the commonwealth and chosen mutually
by the Borough Council and the applicant or developer. The estimates
certified by the third engineer shall be presumed fair and reasonable,
and shall be the final estimate. In the event that a third engineer
is so chosen, fees for the services of such engineer shall be paid
equally by Borough Council and the applicant or developer.
(3)
The cost of the improvements shall be established by submission to
the Borough Council of bona fide bid for bids from the contractor(s)
chosen by the party posting the financial security to complete the
improvements or, in the absence of such bona fide bids, the cost shall
be established by estimate prepared by the Borough Engineer.
(4)
Such bond, or other security, shall provide for and secure to the
public, the completion of any improvements which may be required within
one year of the date fixed in the subdivision or land development
plan for completion of such work.
(a)
If the subdivider, developer or builder requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
(b)
In any case where development is projected over a period of
years, the Borough Council may authorize submission of final plats
by section or stages of development subject to such requirements or
guarantees as to improvements in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
(5)
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Borough Council
to release or authorize the release, from time to time, such portions
of the financial security necessary for payment to the contractor(s)
performing the work. Any such request shall be in writing addressed
to Borough Council and subject to the provisions for release as established
in Section 509 of Act 247 of 1968, the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
(6)
The issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plan shall not be conditioned
upon actual completion when financial security has been provided by
the developer, builder or subdivider.
(7)
Occupancy permits for any building or buildings to be erected shall
not be withheld following: the improvement of the streets, as required,
providing access to and from existing public roads to such building
or buildings; as well as the completion of all other improvements
as depicted upon the approved plan, either upon the lot or lots beyond
those in question, if such improvements are necessary for the reasonable
use of or occupancy of the building(s).
F.
Where the Borough accepts dedication of all or some of the required
improvements following completion, financial security shall be posted
to secure structural integrity of said improvements as well as the
functioning of said improvements in accordance with the design and
specifications as depicted on the final plan for a term not to exceed
18 months.
A.
When the developer has completed all the necessary and appropriate
improvements, the developer shall notify the Borough Council, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the Borough Engineer.
The Borough shall, within 10 days after receipt of such notice, direct
and authorize the Borough Engineer to inspect all the aforesaid improvements.
The Borough Engineer shall, thereupon, file a report, in writing,
with the Borough Council and shall promptly mail a copy of the same
to the developer by certified or registered mail. The report shall
be made and mailed within 30 days after receipt by the Borough Engineer
of the aforesaid authorization from the governing body. Said report
shall detail and shall indicate approval or rejection of the said
improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
B.
If the required improvements are not completely installed within
the fixed period or extended by the Council, the Council shall declare
the financial security in default and authorize the Borough Secretary
to collect the amount payable thereunder. Upon receipt of such amount,
the Borough shall install such improvements as were covered by the
bond or financial security and are commensurate with the extent of
building development which has taken place in the subdivision or land
development, not exceeding in cost, however, the amount collected
upon the bond.
All sewers (capped and operative), water, gas, electric, telephone
and other pipes and conduits, and all service connections or laterals
shall be laid to the full width of the ultimate right-of-way, where
the need thereof can be reasonably anticipated, before streets are
paved. The arrangements for said service connections or laterals shall
be the responsibility of the subdivider, developer or builder.
A.
Notice. The Borough Engineer shall be notified 48 hours in advance
of the commencement of any construction or installation operation,
in order that provision may be made for inspection by the Borough.
Construction and installation operations shall also be subject to
inspection by Borough officials during the progress of the work and
the subdivider, developer or builder shall pay for all inspections.
B.
Samples of materials. Samples of the materials shall be furnished
to the Borough Engineer in the same manner as is required of contractors
under the highway and sanitary drainage specifications.
C.
Delivery slips. Copies of all delivery slips for materials used in
the construction of any storm sewers, sanitary sewers, road, curbs,
sidewalks, or any other facility within a Borough right-of-way or
easement shall be supplied to the Borough.
Certain improvements beyond the geographical boundaries of a site to be subdivided and/or developed, including, but not limited to, road improvements, may be required to be constructed where it can clearly be demonstrated that such improvements have been made necessary solely through the additional burden imposed by the subdivision and/or land development of the site. The Borough Solicitor shall render final judgment in any instance where a dispute arises as to the direct casual relationship for the improvement(s). The subdivider or developer may be required to cover costs which must be incurred by the Borough or other governmental jurisdiction in order to make these improvements feasible. (For example, but not limited to, right-of-way acquisition.) The legal and financial arrangements to cover costs of the off-site improvements shall be the same as those herein prescribed for § 295-39.
A.
Purpose. To require and set minimum standards for outdoor lighting
to:
B.
Applicability.
(1)
Outdoor lighting shall be required for safety and personal security
in areas of public assembly and traverse; including, but not limited
to, the following: multifamily residential other residential developments
with lot sizes of 20,000 square feet or smaller, as well as commercial
industrial, public-recreational, and institutional uses.
(2)
The Borough Council may require that lighting be incorporated into
other outdoor uses or locations, as they deem necessary.
(3)
The glare-control requirements herein contained apply to outdoor
lighting in all above-mentioned uses as well as, but not limited to,
sign, architectural, landscaping, and residential lighting.
C.
FOOTCANDLE
FULL-CUTOFF LIGHTING UNIT
GLARE
ILLUMINANCE
LIGHT TRESPASS
LIGHTING UNIT
Definitions. The following words and phrases when used in this section
shall have the following meanings indicated:
A unit of light intensity stated in lumens per square foot
and measurable with a footcandle or light meter.
A lighting unit in its mounted form that allows no direct
light from the lighting unit above a 90° plane, and no more than
10% of rated lamp output an 80° plane, at any lateral angle around
the fixture.
The sensation produced by direct lighting that causes an
annoyance, discomfort or loss in visual performance and visibility
to the eye.
The intensity of incident light at a point, measured in footcandles
or lux.
Light emitted by a lighting installation which shines beyond
the boundaries of the property on which the installation is sited.
A complete lighting unit, including a lamp or lamps together
with the parts designed to distribute the light, to position and protect
the lamps and to connect the lamps to the power supply.
D.
Criteria.
(1)
Illumination levels.
(a)
Lighting, where required by this chapter, shall have intensities
and uniformity ratios in accordance with the current recommended practices
of the Illuminating Engineering Society of North America (IESNA) as
contained in the IESNA Lighting Handbook.
(b)
Future amendments to said recommended practice shall become
a part of this chapter without further action of the Borough.
(2)
Lighting fixture design (non reg).
(a)
All lighting fixtures within the Village Commercial District
should have an historic character in design.
(b)
For lighting horizontal tasks such as roadways, pathways and
parking areas, fixtures shall meet IESNA full-cutoff criteria (not
have more than 2.5% of their light output emitted above 90° at
any lateral angle around the fixture).
(c)
The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures meeting IESNA full-cutoff criteria shall be considered only with glare control and in accordance with Subsection D(3) hereof and the approval of the Borough Council.
(d)
Fixtures shall be equipped with light-directing devices such
as shields, visors or hoods when necessary to redirect offending light
distribution.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required by this chapter,
shall be aimed, located, designed, fitted and maintained so as not
to present a hazard to drivers or pedestrians and so as not to create
a nuisance by projecting or reflecting objectionable light onto a
neighboring use or property, i.e., nuisance glare.
(b)
Floodlights and spotlights shall be so installed or aimed that
they do not project their output into the windows of neighboring residences,
adjacent uses, directly skyward or onto a roadway or pedestrian way.
(c)
Unless otherwise permitted by the Borough Council, e.g., for
safety and security, lighting shall be controlled by automatic switching
devices such as time clocks or combination motion detectors and photocells,
to permit extinguishing offending sources between 11:00 p.m. and dawn
to mitigate nuisance glare and sky-lighting consequences.
(d)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of fixture mounting height,
wattage, aiming angle and fixture placement.
(e)
The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured at 30 inches above the ground at the property line. See § 340-185A(4) for related requirements.
(f)
External illuminated sighs shall be lighted by fixtures mounted
at the top of the sign and aimed downward. Such fixtures shall be
automatically extinguished between the hours of 11:00 p.m. and dawn.
(g)
Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 12 feet above grade. Fixtures not meeting the IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above grade except as specifically approved by the Borough Council. See § 340-185A(2) for related requirements.
(h)
Fixtures used for architectural lighting, e.g., facade, fountain,
feature and landscape lighting, shall be aimed so as not to project
their output beyond objects intended to be illuminated and shall be
extinguished between the hours of 11:00 p.m. and dawn.
(4)
Installation.
(a)
Electrical feeds for lighting standards shall be run underground,
not overhead.
(b)
Lighting standards in parking areas shall be placed a minimum of five feet outside paved area, or on concrete foundations at least 30 inches high above the pavement or suitable protected by other approved means. See § 340-185A(3) for related requirements.
E.
Residential development fixture placement. Streetlighting fixtures
in residential developments shall be placed at a minimum to achieve
the following:
(1)
At the intersection of public roads with entrance roads to the proposed
development.
(2)
Intersections involving proposed public or nonpublic primary distributor
streets within the proposed development.
(3)
At the apex of the curve of any primary distributor street, public
or nonpublic, within the proposed development, having less than 300-foot
minimum center-line radius.
(4)
Cul-de-sac bulb radii.
(5)
Terminal ends of center median islands having concrete-structure
curbing, trees and/or other fixed objects not having breakaway design
for speeds of 25 mph or greater.
F.
Plan submission.
(1)
Lighting plans shall be submitted to the Borough for review and approval
and shall include:
(a)
Layout of the proposed fixture locations.
(b)
Isofootcandle plots for individual fixture installations and
ten-foot-by-ten-foot illuminance-grid plots for multifixture installations
that demonstrate compliance with the intensities and uniformities
set forth in this chapter.
(c)
Description of the equipment, including fixture catalog cuts,
photometrics, glare-reduction devices, lamps, control devices, mounting
heights and mounting methods proposed.
(2)
When required by the Borough Council, the applicant shall submit
a visual impact plan that demonstrates appropriate steps have been
taken to mitigate on-site and off-site glare.
(3)
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Borough
for review and approval.
G.
Post-installation inspection. The Borough reserves the right to conduct
a post-installation nighttime inspection to verify compliance with
the requirements of this chapter and, if appropriate, to require any
and all corrective action at no expense to the Borough.
H.
Compliance monitoring.
(1)
Safety hazards.
(a)
If Borough judges a lighting installation creates a safety or
personal security hazard, the person(s) responsible for the lighting
shall be notified and required to take remedial action.
(b)
If appropriate corrective action has not been effected within
45 days of notification, the Borough may levy a fine for as long as
the hazard continues to exist.
(2)
Nuisance glare and inadequate illumination levels.
(a)
When the Borough judges an installation produces unacceptable
levels of nuisance glare, skyward light, excessive or insufficient
illumination levels or otherwise varies from this chapter, the Borough
may cause notification of the person(s) responsible for the lighting
and require appropriate remedial action.
(b)
If the infraction so warrants, the Borough may act to have the
problem corrected within 90 days of notification.
I.
Nonconforming lighting. Any lighting fixture or lighting installation
existing on the effective date of this chapter that does not conform
with the requirements of this chapter shall be considered as a lawful
nonconformance subject to the following:
J.
Streetlighting dedication.
(1)
When streetlighting is to be dedicated to the Borough, the applicant
shall be responsible for all costs involved in the lighting of streets
and street intersections until the street is accepted for dedication.
(2)
Prior to dedication and in the event of the formation of a homeowners'
association and/or property management declaration, the Borough shall
require said agency to enter into an agreement guaranteeing payment
of all costs associated with dedicated streetlighting.
(3)
Assumption of costs of dedicated streetlighting.
(a)
Upon dedication of public streets, the Borough shall assess
the homeowners' association, individual property owners, or corporations,
as may be necessary to collect all revenues required that directly
or indirectly associated with all costs of each specific streetlighting
fixture. These costs shall include:
K.
Searchlights or laser lights. Searchlights and/or laser lights shall
be prohibited for advertising or entertainment purposes.
L.
Review by lighting expert. The Borough, directly or through its Planning
Commission, when it deems it necessary, shall engage a lighting expert
to review the lighting designs of the development, structure or use,
at the sole cost of the applicant.
M.
Exemptions. Upon written application made, the Borough Council may
allow exemptions from a temporary use such as for festivals or carnivals.
