A. 
This article establishes and defines the public improvements and design standards which the Borough will require in the review, approval, and construction of any subdivision or land development.
B. 
All improvements shall be constructed in accordance with Borough design standards. Inspections to insure that Borough specifications are complied with shall be the responsibility of the Borough Engineer.
A. 
The following principles, standards, and requirements shall be applied by the Council in evaluating plans for proposed subdivision and land development. Within a proposed land development, the standards set forth in Chapter 525, Zoning, for the particular district in which the land development is taking place shall govern the design of buildings, parking lots, and other facilities.
B. 
The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of public health, safety, and general welfare.
C. 
Whenever Borough or other applicable regulations impose more restrictive standards and requirements than those outlined herein, such other regulations shall control.
D. 
Where literal compliance with the standards herein specified is clearly impractical, the Borough Council may modify or adjust the standards based upon study and recommendation of the Borough Engineer, to permit reasonable utilization of the Borough property while securing substantial conformance with the objectives of this chapter.
A. 
Land shall be suited to the purposes for which it is to be subdivided or developed in conformance with the Borough Comprehensive Plan, Zoning Ordinance, and other regulations.
B. 
Low-lying wetlands which are swampy or are subject to periodic flooding shall not be platted for residential development or designated for such other uses as may involve danger to health, safety, or the general welfare of the citizens as defined by Chapter 525, Zoning.
C. 
The design of subdivision and land developments shall preserve, insofar as possible, the natural terrain, natural drainage, existing topsoil, and trees.
D. 
All portions of the tract being developed shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.
E. 
Proposed major subdivisions or land developments shall be coordinated with existing nearby neighborhoods both within and outside of the Borough of Spring City so that the community as a whole may develop harmoniously. Where necessary, joint reviews with neighboring municipalities shall be required.
F. 
Streets, drainage rights-of-way, parking areas, water supply and sewage disposal, school sites, public parks, and playgrounds shall be considered in the approval of all plans.
G. 
Subdivisions and land developments shall be laid out so as to avoid the necessity for excessive cut or fill.
A. 
The length, width, and shape of blocks shall be determined with due regard to:
(1) 
Provision of adequate sites for buildings of the type proposed.
(2) 
Topography.
(3) 
Requirements for safe and convenient vehicular and pedestrian circulation, under both normal and emergency conditions.
(4) 
Zoning requirements as to lot size, dimension, and minimum lot area per dwelling.
(5) 
Continuing the existing pattern of a grid within the Borough.
B. 
Blocks shall have a maximum length of 800 feet and, as far as practicable, a minimum length of 400 feet.
C. 
Residential blocks in which individual lots are to be created shall be of sufficient depth to accommodate two tiers of lots.
A. 
General lot design standards.
(1) 
Lot dimensions, areas, and orientation shall be appropriate for the type of development and use contemplated, and sufficient to provide satisfactory space for off-street parking and other accessory uses.
(2) 
Insofar as practical, side lot lines shall be at right angles to straight street lines, and radial to curved street lines.
(3) 
Where feasible, lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.
(4) 
No remnants of land shall exist after subdivision. All portions of a plan shall be incorporated into existing or proposed lots unless special usage is applied as part of a land development proposal. Where the subdivision application is for only a portion of a large tract, Borough Council shall review the proposed lot layout and design, access points, and street system in relation to the conceptual design of the entire tract.
B. 
Lot frontage standards.
(1) 
All lots shall have direct access to a public street or an alley and, where applicable, shall have a frontage in accordance with zoning standards.
(2) 
Reverse frontage lots are prohibited, except where proposed lots abut an existing or proposed arterial or collector street in the Borough, and said lots may be designed as reverse frontage lots having access to the street with the lower functional classification. No lot shall have primary frontage on an alley.
(3) 
Interior or flag lots shall not be permitted.
A. 
Proposed streets shall be consistent with such street plans or parts thereof as have been officially prepared and adopted by the Borough, including recorded subdivision plans, requirements of the Comprehensive Plan, an Official Map, or parts thereof.
B. 
Proposed streets shall further conform to such Borough and state road and highway plans that are prepared, adopted, and/or filed as prescribed by law.
C. 
All street surfacing and construction specifications shall conform to the Pennsylvania Department of Transportation (PennDOT) regulations or standards where applicable.
D. 
Dead-end streets, such as culs-de-sac, shall be prohibited, except as stubs to permit future street extension into adjoining tracts. Such stubs shall extend to the property line, and shall comply with the temporary stub streets requirements of § 450-44.
E. 
Continuations of existing streets shall be known by the same name, but names for other streets shall not duplicate or closely resemble names for existing streets in the Borough or the U.S. Postal District serving Spring City. All street names shall be approved by the Borough Council, Postmaster serving Spring City, and Chester County Department of Emergency Services.
F. 
Where streets and other public improvements continue into adjoining municipalities, evidence of compatibility of design, particularly with regard to street widths, shall be submitted. The applicant shall coordinate such design with both municipalities to avoid abrupt changes in cartway width or in improvements provided.
G. 
Streets shall be graded to the full width of the right-of-way, surfaced, and improved to the grades and dimensions shown on the plans, profiles, and cross-sections submitted by the developer and approved by the Borough Council of Spring City.
H. 
Streets shall be logically related to the topography so as to produce usable lots, reasonable grades, and proper alignment and drainage.
I. 
The arrangement of streets shall provide for continuation of existing or platted streets and for proper access to adjoining undeveloped tracts suitable for future development.
J. 
Wherever a tract to be developed borders an existing stub street, the other part of the street shall be plotted within such tract. Where new stub (partial) streets are proposed, the acceptance of final plans shall be conditioned upon the provision of guarantees ensuring the construction or completion of such streets to Borough standards. Half streets shall not be permitted.
K. 
Borough Council shall require the developer to make improvements to existing abutting streets or roads as may be needed to provide safe and convenient access to the proposed development, and to accommodate the increased traffic resulting from the development.
L. 
In addition to the requirements set forth in § 450-38, below, additional width of streets adjacent to areas proposed for nonresidential use may be required as deemed necessary by the Planning Commission or the Borough Engineer to ensure the free flow of traffic from vehicles entering or leaving parking areas. For developments fronting on an existing or proposed arterial or collector street, the Planning Commission or Borough Engineer may require marginal access or reverse frontage to provide separation from through and local traffic.
M. 
When two adjacent lots proposed for nonresidential uses front on a street designated as either an arterial or collector street, the applicant may be required to provide common ingress and egress as well as common off-street parking facilities.
N. 
Streets carrying nonresidential traffic need not extend to the boundaries of the adjacent parcels zoned for residential uses nor connect to streets intended for residential traffic.
A. 
The minimum right-of-way and cartway width for all new streets in the Borough shall be as follows:
Type of Street
Right-of-Way
(feet)
Cartway
(feet)
Arterial street
70
40
Collector (major and minor) streets
60
36
Residential service street
50
33
Nonresidential alley
25
20
Residential alley
20
16
Temporary stub street
See § 450-44, Temporary stub streets
Common driveway
See § 450-43, Street access and driveways
B. 
Additional right-of-way and cartway widths may be required by the Council to be reserved for the following purposes:
(1) 
To promote public safety and convenience.
(2) 
To provide parking space in commercial districts and in areas of high density residential development.
(3) 
To accommodate change in road function as defined by the Spring City Comprehensive Plan.
C. 
Rights-of-way of lesser width than prescribed in this section shall not be permitted.
D. 
Subdivisions abutting existing streets shall provide the minimum right-of-way widths for those streets in accordance with the provisions of this section.
A. 
In the case where lots created within a subdivision are large enough to accommodate either further subdivision, or a higher intensity of development, and thus may result in higher traffic levels, the Planning Commission or Borough Engineer may require that additional right-of-way be provided to permit the future development of a higher classification street.
B. 
Special topographic circumstances may result in cut/fill slopes extending beyond the standard right-of-way widths established in § 450-38A. These should, in all circumstances, be included within the right-of-way to ensure accessibility for maintenance operations.
A. 
Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.
B. 
To ensure adequate sight distance, minimum center line radii for horizontal curves shall be as follows:
(1) 
Residential service streets: 150 feet.
(2) 
Collector streets: 300 feet.
(3) 
Arterials: 500 feet.
C. 
A tangent of at least 100 feet measured at the center line shall be required between reverse curves.
A. 
Center line grades shall be not less than 1%.
B. 
Center line grades of all proposed roads shall not exceed the following:
(1) 
Arterial streets: per PennDOT.
(2) 
Collector streets: 7%.
(3) 
Residential service streets: 10%.
C. 
Vertical curves shall be used at change of grade exceeding 1% and shall be designed in relation to the extent of the grade change to provide the following minimum sight distances:
(1) 
Residential service streets: 100 feet.
(2) 
Collector streets: 200 feet.
(3) 
Arterial streets: 300 feet.
D. 
Maximum grades will not be permitted when coupled with minimum curve radii.
A. 
Intersections shall meet at right angles, or 90°. Deviations shall not be less than 75°, or more than 105° measured at the center line.
B. 
A minimum paving radius of 30 feet shall be provided at all intersections. The Borough Council may increase the required radii where they consider such design advisable at intersections involving arterials or collectors, or for intersections that service industrial and commercial vehicle traffic.
C. 
Streets entering the opposite sides of another street shall either be directly across from each other or offset by at least 200 feet from center line to center line.
D. 
No more than two streets shall intersect at the same point.
E. 
All necessary street signs and traffic control signs shall be the responsibility of the applicant to provide and erect. The Borough Council shall approve all street names and traffic control signs. The street name signs shall be of the type existing in the general area of the Borough. Street signs shall be erected before the Borough accepts dedication of the street, and before the issuance of any certificate of occupancy on that street.
F. 
Intersections shall be controlled by stop signs, except that one through street may be designated for each intersection, or by traffic signals. At intersections with through streets, the street of higher functional class (i.e., collectors over residential service) shall be designated the through street. Where the streets are the same functional classification at the intersection, the designated through street shall be at the discretion of the applicant. However, the Planning Commission or Borough Engineer may, at their discretion, require intersections to have no through streets (a four-way stop), or to be signalized.
G. 
Corner sight distance. An unobstructed sight distance measured from a point 15 feet from the edge of the roadway being intersected at an eye height of four feet above the pavement shall be provided at all intersections in the following manner:
(1) 
All corner sight distances of all intersections involving an arterial or collector road shall be provided with a unobstructed sight distance of at least 300 feet.
(2) 
All other intersections shall be provided with an unobstructed sight distance of at least 200 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
General.
(1) 
All accessways and drives shall conform to the standards and regulations of Chapter 525, Zoning, according to their respective locations and type of uses.
(2) 
Common driveways.
(a) 
No more than two residential lots shall be served by a private driveway.
(b) 
A common residential driveway, as defined by this chapter, shall be of sufficient width, in the opinion of the Borough Engineer, to provide safe passage of two vehicles or shall have a sufficient number of pullover areas to provide safe passage of two vehicles.
(3) 
The edge of any driveway opening onto a street shall be at least 40 feet from any intersection, and in no case within the curb radius.
(4) 
All driveways shall intersect streets at right angles, unless clearly impractical, and in no case shall the angle of intersection be less than 75° or more than 105°.
B. 
Construction. All accessways and driveways shall be constructed according to Pennsylvania Department of Transportation standards and the standards set forth in Chapter 438, Article V, Sidewalk and Curb Construction and Maintenance, of the Code of the Borough of Spring City.
C. 
Drainage.
(1) 
The gutter-line, whenever possible, shall be maintained as a paved swale. It shall have a maximum depth of four inches and a minimum width of 24 inches.
(2) 
Driveways shall be graded so that, wherever possible, surface drainage will be discharged to the owner's property; otherwise, adequately sized pipes, inlets, and/or headwalls shall be installed and gutter improvements shall be made to direct surface drainage into the road drainage system and not the paving of the intersecting road.
A. 
Stub streets shall be permitted only on a temporary basis to allow for future street extensions into adjoining tracts. Permanent culs-de-sac are not permitted.
B. 
Any single access street for access to an adjoining property or because of authorized phased development shall be provided with a temporary, all weather turnaround within the subdivision, and the use of such turnaround shall be guaranteed to the public until such time as the street is extended. It shall be the developer's responsibility to remove the temporary paving upon completion of the street and to install sidewalks, curbing, and street trees.
C. 
Temporary stub streets shall be designed with a T-turnaround. The tee shall be paved from the right-of-way line to the opposite right-of-way line for a width of 16 feet. The two corners shall be rounded off from the right-of-way line to the street line. (see Figure 2)
D. 
When required for future extension, the turnaround right-of-way shall be placed adjacent to the tract boundary with sufficient width along the boundary line to permit extension of the street at full width.
Figure 2 - T-turnaround
A. 
Alleys shall not be permitted in nonresidential developments except by special permission of the Borough Council in situations where delivery and trash collection vehicles are unable to access the site without the use of an alley.
(1) 
All residential alleys shall have a right-of-way of 20 feet and a paved width of 16 feet. Any curve in a service street (alley) shall have adequate width to permit safe use by large vehicles.
(2) 
All nonresidential alleys, when permitted, shall have a minimum right-of-way of 25 feet and shall be paved for width of at least 20 feet.
B. 
Dead-end alleys shall be prohibited.
C. 
Alleys shall not be the primary frontage of any lot.
D. 
Alleys shall be constructed according to PennDOT standards.
Streetlights shall be provided as part of any subdivision or land development in order to achieve the following objectives:
A. 
All wiring and power transmission lines associated with streetlighting shall be placed underground, except in cases where the subdivision or land development is surrounded by developed land, and either adequate streetlighting exists or power transmission lines are located above ground. In such cases the Borough Council may waive either the requirement of providing streetlighting or placing power transmission lines underground.
B. 
The style, type, and manufacture of streetlights shall be subject to the approval of Borough Council. Further, the design and construction of streetlights shall be in strict compliance with all relevant standards of PECO Energy.
C. 
The requirements set forth in § 525-60, Lighting, of Chapter 525, Zoning, of the Code of the Borough of Spring City, shall also apply.
Curbs shall be required along all new streets and all new parking areas, excluding residential driveways. All new curbs shall be constructed according to Pennsylvania Department of Transportation standards and the standards set forth in Chapter 438, Article V, Sidewalk and Curb Construction and Maintenance, of the Code of the Borough of Spring City.
In addition to the requirements set forth below, sidewalks shall conform to the standards required within Chapter 438, Article V, Sidewalk and Curb Construction and Maintenance, of the Code of the Borough of Spring City.
A. 
General.
(1) 
Paved sidewalks shall be required on both sides of any new or existing Borough street in conjunction with new development.
(2) 
Sidewalks shall be provided along all new streets and parking lots located in developments unless it can be demonstrated to the satisfaction of the Borough Council that pedestrian traffic does not follow or mix with vehicular traffic.
B. 
Design.
(1) 
Width.
(a) 
Sidewalks shall be a minimum of four feet wide, except as follows:
[1] 
Sidewalks along collector and arterial streets, schools, recreation areas, and other community facilities shall be a minimum of six feet wide.
[2] 
Sidewalks along commercial properties within the General Commercial Zoning District as set forth in Chapter 525, Zoning, shall be a minimum of eight feet wide.
[3] 
Sidewalks within the Downtown Commercial Zoning District as set forth in Chapter 525, Zoning, shall be a minimum of 10 feet wide.
(b) 
Sidewalks adjacent to angle parking areas shall be one foot wider than the required width listed above to prevent car overhang from restricting pedestrian movement along the sidewalk, unless separation by a planting strip is provided.
(2) 
Sidewalks shall be laterally pitched at a slope not less than 0.25 inch per foot to provide for adequate surface drainage.
(3) 
In residential areas, the edge of the sidewalk furthest from the street shall be six feet one inch from the curb, as the Borough Council may, by resolution, otherwise provide. Between each curb and sidewalk of all residential properties, a grass plot, a minimum of 18 inches wide, extending from the side property line to the other side property line, exclusive of driveway area, shall be installed, provided for, and maintained by the property owner.
C. 
Construction.
(1) 
All sidewalks shall be constructed in accordance with specifications for Class A concrete as specified by the Pennsylvania Department of Transportation.
(2) 
Chapter 438, Article V, Sidewalk and Curb Construction and Maintenance, of the Code of the Borough of Spring City sets forth the construction requirements for sidewalks, and the requirements of said chapter shall be applicable for all sidewalk construction.
The off-street parking requirements for any subdivision or land development shall be in compliance with the standards set forth in § 525-57, Off-street parking standards, of Chapter 525, Zoning, of the Code of the Borough of Spring City.
The requirements for loading facilities for any subdivision or land development shall be in compliance with the standards set forth in § 525-58, Off-street loading requirements, of Chapter 525, Zoning, of the Code of the Borough of Spring City.
A. 
Where easements are required for utilities such as water and/or sewer facilities intended for dedication, the requirements for easement shall be determined by the Borough Council. Easements shall similarly be established for other utilities. Local utility companies shall be consulted by the developer when locating easements. To the fullest extent possible, easements shall be centered on or adjacent to lot lines.
B. 
Storm drainage easements shall be provided as required by § 450-52, Stormwater management, of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All subdivisions and land developments and other activities involving land disturbances shall comply with the stormwater management standards found in Chapter 425, Stormwater Management, of this Code.[1]
[1]
Editor's Note: Original Sec. 521, Erosion and sedimentation, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All subdivisions and land developments shall be served by public water.
A. 
General.
(1) 
Adequate and potable water supply system(s) shall be installed consistent with design principles and requirements contained in this chapter and the U.S. Public Health criteria for drinking water as administered by the Environmental Protection Agency Safe-Drinking Water Act.
(2) 
Wherever necessary, the subdivision shall be provided with a complete public water distribution system. The design and installation of such public system shall be subject to the approval of the Borough.
B. 
Design and construction.
(1) 
The developer shall construct water mains in such a manner to make adequate water service available to each principle building or dwelling unit within the subdivision or land development. The entire system shall be designed in accordance with the requirements and standards of the water company servicing the Borough of Spring City and shall be subject to its approval. The water supply system must comply with the regulations and standards of the Pennsylvania Department of Environmental Protection.
(2) 
Mains must be sized to provide for adequate pressure and supply for the anticipated demands of the subdivision or land development and to meet the minimum requirements for fire protection. Minimum main size shall be eight inches.
C. 
Fire hydrants. Wherever a public water system is provided, fire hydrants suitable for the coupling of equipment serving the Borough shall be installed and connected to the public water system as specified by the Insurance Services Offices of Pennsylvania. Location of hydrants shall be approved by the Borough, in addition to the following:
(1) 
Generally, all fire hydrants will be located on an eight-inch line or a looped six-inch line. Where a dead-end line is required to contain a fire hydrant, the portion of the line between the main loop and the hydrant shall be an eight-inch minimum diameter.
(2) 
Fire hydrants shall be spaced in a development so that all proposed building(s) will be no more than 600 feet from the hydrant measured along traveled ways.
(3) 
Hydrants shall be located in a manner to provide complete accessibility and so that the possibility of damage from vehicles or injury to pedestrians will be minimized.
All subdivision or land development shall be served by a public sewer system, in accordance with the following:
A. 
General.
(1) 
Each property shall be connected to a public sewer. The subdivider shall install sewer lines, including lateral connections as may be necessary to provide adequate service to each lot when connection with the sewer system is made.
(2) 
All collection sewers, all service laterals, and all necessary building sewers as shown on the approved final plan shall be installed and connected to the existing Borough sanitary sewer system by the developer, at his expense, subject to inspection and approval by the Borough.
(3) 
Sanitary sewers shall not be used to carry stormwater.
B. 
Design and construction. The specifications and details of design and construction of all items of the sanitary sewer system to be constructed for every subdivision and land development shall be designed and in strict accordance with Pennsylvania Department of Environmental Protection standards and the Borough specifications. A copy of the approval of such system shall be submitted with the final plan.
C. 
Sanitary sewer plan.
(1) 
Prior to the start of construction, the developer shall furnish a sanitary sewer plan of the sanitary sewer system for the proposed subdivision or land development for review and written approval by the Borough.
(2) 
Such sanitary sewer plan shall show the plan layout of all collection sewers, service laterals, building sewers (initial or future), connecting sewers, and trunk sewers. Profiles of all collection sewers, connecting sewers, and trunk sewers shall also be shown.
(3) 
The sanitary sewer plan shall show the location, size, slope, length, rim elevation, and invert elevations of each length of a collection sewer, connecting sewer, and trunk sewer at the manholes; the location, length, and elevation of the upstream end of each length of service lateral; and, where applicable, the location and size of building sewers and their relationship to any existing septic tanks, seepage pits, and of tile fields. The sanitary sewer plan shall also show the elevation of manholes (tops and inverts) and buildings (the first floor and the basement floor). Descriptive metes and bounds of all rights-of-way and easements shall be shown on the sanitary sewer plan or accompanying drawings.
D. 
Permits.
(1) 
Before the construction or installation of any sanitary sewer system, a permit shall be obtained from the Pennsylvania Department of Environmental Protection and from any other governmental authority having jurisdiction. The applicant shall prepare permit applications in the name of the Borough of Spring City and shall submit the application, with necessary application and supporting documentation, to the Borough for review and execution.
(2) 
No building permit shall be issued until the Pennsylvania Department of Environmental Protection (DEP) approval has been obtained, and the required DEP permits have been issued.
E. 
Performance guarantee. Upon approval of final plans, the developer shall be required to post a performance guarantee to the Borough, as set forth in § 450-25 of this chapter, to ensure satisfactory completion of the proposed sanitary sewer system.
F. 
Inspections. All construction work of the sanitary sewer system shall be completed under the inspection of the Borough. Construction work requiring inspection and testing shall not be backfilled without the approval of the Borough, any construction work backfilled without such approval or consent shall be uncovered, the cost of uncovering and replacing shall be borne by the owner or developer.
G. 
Fees. The fees for all reviews by the Borough, all inspections, and construction of the sanitary sewer system for the proposed subdivision or land development shall be paid by the developer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All other utility lines including, but not limited to, electric, gas, streetlight supply, cable television, and telephone, shall be placed underground, except in areas where either the subdivision or land development is located amidst developed lots and utilities lines are located above ground, or the physical conditions of the lands involved is not conducive for underground utilities. In either case, such circumstances must be demonstrated to the satisfaction of the Borough Council to waive the requirement of burying any utility line.
B. 
The minimum distance from a natural gas line to a dwelling unit shall be as required by PECO Energy or as may be required by the applicable regulations issued by the Department of Transportation under the Natural Gas Pipeline Safety Act of 1968, as amended, 49 U.S.C. § 60101 et seq., whichever is greater.
C. 
When any petroleum or petroleum transmission line traverses a subdivision or land development, the developer shall confer with the applicable transmission or distributing company to determine the minimum distance which shall be required between each proposed dwelling unit and the petroleum or petroleum products transmission lines.
D. 
Where practicable, all utilities, except sewer and water lines, shall be located within the street right-of-way but not under the cartway, otherwise, easements or rights-of-way of sufficient width for installation and maintenance shall be provided. Sewer and water lines shall be placed under the street cartway.
E. 
Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Borough and public utility concerned.
A. 
Monuments or markers shall be noted in the final plan to define the following:
(1) 
The exact locations of all streets, street curves, and street intersections. Such markers shall set the dimensions of the street to be laid out.
(2) 
The intersections of all lot lines.
(3) 
The dimensions of the tract to be developed.
(4) 
All angles in property lines of lots.
B. 
Monuments.
(1) 
Monuments shall be constructed of stone or concrete and shall be of a design satisfactory to the Borough Engineer. Monuments shall be permanently marked with a proper inscription on top.
(2) 
Permanent monuments shall be set at all corners and angle points of the boundaries of the original tract to be subdivided, and at such intermediate points as may be required by the Borough.
(3) 
No public improvements shall be accepted until all monuments are in place.
C. 
Markers.
(1) 
Markers shall consist of iron pipe at least 30 inches long and not less than 3/4 of an inch in diameter.
(2) 
All lot corner markers shall be so located that individual properties may be readily ascertained after development of the subdivision. Markers shall be set in the ground at finished grade.
(3) 
No use or occupancy permits shall be issued until markers are in place.
A. 
General.
(1) 
Any part or portion of a site which is not used for buildings, other structures, loading and parking areas and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover and, where such plan is required, shall be landscaped according to an overall plan prepared by a registered landscape architect, and reviewed by the Borough Planning Commission, and approved by Borough Council.
(2) 
Street trees, buffer yards, and other required planting shall be in accordance with applicable sections within this chapter and with § 525-59, Buffering, screening, and landscaping, of Chapter 525, Zoning.
(3) 
Street trees and other required plant materials shall not be planted until the finished grading of the subdivision or land development has been completed.
(4) 
All required plantings and screening shall be assured by a performance guarantee. Such guarantee shall be released only after passage of the second growing season following planting. Should any disagreement arise as to whether the planting is alive and healthy, a landscape architect shall be retained by the Borough at the expense of the developer to make a final determination.
(5) 
The developer shall be responsible for plant material protected in accordance with § 450-57B, below, for a period of 18 months. Any such tree that dies within the time period shall be removed, including the stump, and replaced by a minimum two-inch caliper tree of a similar species at the expense of the developer.
(6) 
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.
B. 
Existing vegetation.
(1) 
All subdivisions and land developments shall be laid out in such a manner as to preserve the healthy trees and shrubs on the site.
(2) 
In cases where natural features existing on the site duplicate or essentially duplicate the requirements of the street tree, buffering, or landscaping provisions of this chapter, these requirements may be waived by the Borough Council.
(3) 
During the construction of any site, trees and shrubs shall be protected by snow fencing to ensure 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:
(a) 
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.
(b) 
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 wells shall be a minimum of four 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.
(4) 
If any plant material is to be moved, it must be specified in the planting plan and performed in accordance with the specifications set forth by the American Association of Nurserymen.
(5) 
All diseased or dead trees shall be promptly removed from the site.
C. 
Plant materials. Required plantings shall be selected from the Plant Materials List located in Appendix E.[1] Species hardy to the area that are not subject to blight or disease, and are of the same general character and growth habit as those listed may be substituted subject to review of the Planning Commission.
[1]
Editor's Note: Said Appendix is on file in the Borough offices.
D. 
Buffer yard plantings. The provisions set forth in § 525-59, Buffering, screening, and landscaping, of Chapter 525, Zoning, of the Code of the Borough of Spring City, shall be applicable to buffer yard plantings.
A. 
General requirements.
(1) 
Street trees and associated plantings shall be required for any subdivision or land development as part of the design and construction of:
(a) 
New streets;
(b) 
New sidewalks or pedestrianways;
(c) 
Existing streets, sidewalks, or pedestrianways when they abut or lie within the subdivision or land development; and
(d) 
Access driveways to residential developments serving greater than four dwelling units.
(2) 
Trees shall not at maturity interfere with overhead utilities.
(3) 
Plant materials shall not at maturity obstruct the necessary visibility of traffic control signs or signals, nor obstruct visibility at street intersections or driveway entrances.
(4) 
Plant materials shall be selected to minimize future maintenance costs, including but not limited to considerations of pruning, tree removal, sidewalk repair, and avoiding interference with underground utilities.
(5) 
Plant materials shall be adaptable to the specific planting site and to achieve the specified design objectives of the plan.
(6) 
Plant materials shall be spaced to permit the healthy growth of each plant.
B. 
Quantity. Street trees generally shall be at intervals not to exceed 25 feet along the street right-of-way as apart of a residential or nonresidential subdivision or land development, with trees alternating from side to side of the street (fifty-foot maximum spacing on any one side).
C. 
Location.
(1) 
Street trees shall not be planted opposite each other, but shall alternate.
(2) 
At intersections, trees shall be located no closer than 30 feet from the intersection of the curb.
(3) 
Street trees shall be planted on lots rather than within the right-of-way, unless otherwise approved by the Borough Council.
(4) 
Street trees shall not be closer than:
(a) 
Three feet from the edge of any sidewalk or curb;
(b) 
Five feet from the edge of any uncurbed cartway or one story building; or
(c) 
Fifteen feet from any overhead utility lines or two or more story building.
D. 
Plant materials. Any of the canopy or flowering trees listed in Appendix E shall be permitted to be utilized for street tree plantings. Species hardy to the area that are not subject to blight or disease, and are of the same general character and growth habit as those canopy or flowering trees listed may be substituted upon review and approval of the Planning Commission.
A. 
Open space and recreational areas.
(1) 
In reviewing residential subdivision and land development proposals, the Borough Council shall consider the adequacy of existing or proposed recreation and open space facilities to serve the dwellings proposed by the applicant as noted in the Comprehensive Plan and the Comprehensive Recreation, Park, and Open Space Plan of the Borough of Spring City.
(2) 
In subdivisions and land developments which are intended to generate more than an additional 10 dwelling units, it shall be the policy of the Borough Council to require, as a minimum, the following amount of playground and park acreage be provided:
(a) 
One-quarter acre of recreational land for playground or park shall be provided for every subdivision of 10 or more dwellings up to 16 dwellings.
(b) 
An additional 0.25 acre of land shall be provided for each additional 16 dwellings. In calculating the acreage requirement for recreational land, all fractions shall be rounded up to the next fourth acre [either 0.25, 0.5, or 0.75] measurement.
(3) 
The applicant shall provide recreational areas and facilities in one of the following manners:
(a) 
The applicant may provide the land, construct the park facilities, and offer the land and facilities for dedication to the Borough. The Borough Council shall not be obligated to accept any offering for open space and recreational area or facility.
(b) 
The applicant may provide the land, construct the park facilities, and the maintenance of the area and facilities shall be guaranteed through a homeowners' association.
(c) 
The applicant may pay a fee-in-lieu of dedication as set forth in § 450-59B, below.
B. 
Fee-in-lieu of dedication.
(1) 
For proposals requiring a provision of recreation and park land, an applicant may pay a fee-in-lieu of the dedication of the required recreation and park acreage.
(2) 
The amount of any fee-in-lieu of land for recreational and park space shall be equal to the average fair market value of the land otherwise required by § 450-59A, above.
(3) 
Determination of the market value of the improved land, through professional appraisal of the land, shall be the responsibility of the applicant, and shall result in a reasonable value acceptable to the Borough Council.
(4) 
A note shall be placed on the final plan prepared for recording, stipulating the amount of the fee to be paid, as established by this section, and the means and timing of payment, consistent with the terms of this section.
(5) 
For any fee-in-lieu of land dedication, the full amount of the fee, as established above, shall be placed in escrow, or otherwise secured in a manner deemed acceptable under the terms of § 450-25, Performance guarantees, as a condition of final plan approval.
(6) 
Actual payment of the fee-in-lieu of land dedication shall be made at one of the following points, whichever shall occur first:
(a) 
At the time of conveyance of any lot;
(b) 
At the time of application for a building permit; or
(c) 
At the time any public improvements are offered for dedication.
(7) 
All funds collected in lieu of land dedication shall be deposited in a Borough Recreation Land and Park Capital Reserve Fund, which shall be used solely for the acquisition of recreation and park lands or capital improvements for recreational purposes within the Borough at locations consistent with the Comprehensive Recreation, Park, and Open Space Plan and the Comprehensive Plan of Spring City.
C. 
Recreation and park land design standards. In designating areas for open space and recreation within the subdivision or land development plan, the following criteria and standards shall be adhered to by the applicant. Areas shall be:
(1) 
Consistent with the Borough Comprehensive Plan and Comprehensive Recreation Park and Open Space Plan.
(2) 
Suitable for active recreational uses to the extent deemed necessary by the Borough Council, without interfering with adjacent dwelling units, parking, driveways, and roads.
(3) 
Comprised of no more than 30% environmentally sensitive lands, including floodplain, woodlands, slopes exceeding 15%, surface waters, and wetlands.
(4) 
Comprised of areas not less than 75 feet in width and not less than 0.25 acre of contiguous area for active recreation facilities, or two acres for passive recreation or open space facilities.
(5) 
Interconnected with common open space areas on abutting parcels wherever possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the Borough.
(6) 
Provided with sufficient perimeter parking when necessary and with safe, convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, maintenance, and vehicular traffic and containing appropriate access improvements.
(7) 
Undivided by any public or private streets, except where necessary for proper traffic circulation, and then only upon approval of the Borough Council.
(8) 
Free of all structures, except those related to outdoor recreational use.
(9) 
Suitably landscaped either by retaining existing natural cover and wooded areas or by a landscaping plan for enhancing open space areas through plantings which are consistent with the purposes of this section and which minimize maintenance costs.
(10) 
Made subject to such agreement with Borough and such deed restrictions duly recorded in the office of the County Recorder of Deeds as may be required by the Borough Council for the purposes of preserving the common open space for such use.
D. 
Community facilities.
(1) 
Areas provided or reserved for such community facilities shall be adequate to provide for building sites, landscaping, and off-street parking as appropriate to the use proposed. Such areas should be located in a manner to best serve the public likely to use the same and to utilize, to the greatest extent, any topographical features.
(2) 
Areas offered specifically for recreational purposes shall be placed to serve all parts of the subdivisions, with not less than 75 feet of frontage on a public street, and shall not be excessively irregular in terrain.
(3) 
Where a proposed park, playground, or other similar use is shown in whole or in part in a subdivision or land development, such area may be dedicated to the Borough, upon approval of Borough Council (see § 450-59A).