In addition to the standards in this Article
VI, all subdivisions and land developments shall be designed in accord and comply with the applicable requirements of Chapter
500, Zoning.
A. General process and design.
(1) Application. The standards and requirements contained in this Article
VI shall apply to all subdivisions and land developments and are intended as the minimum for the preservation of the environment and promotion of the public health, safety, and general welfare, and then shall be applied as such by the Planning Commission and Borough Council in reviewing and evaluating plans for all proposed subdivisions and/or land developments. Compliance with all standards shall be documented by the applicant at the time of initial application.
(2) Planning. The development shall conform to the proposals
and conditions shown in the Jim Thorpe Borough Comprehensive Plan
and any local or regional plans adopted by the Borough. In the case
of major subdivisions and land developments, the applicant shall submit
a narrative detailing how the development conforms to any applicable
plan.
(3) Improvements, specifications. Additional improvements,
or improvements of more stringent specifications, may be required
in specific cases where, in the opinion of the Borough Council, such
specifications are necessary to create conditions essential to the
health, safety, and general welfare of the citizens of the Borough
and/or to protect the environment of the Borough.
(4) Hazard areas. Those areas which may present such hazards
to life, health, or property as may arise from fire, flood, or noise,
or are considered uninhabitable for other reasons, shall not be subdivided
for building purposes unless the hazards have been eliminated or the
plans show adequate safeguards against the hazards. Sources for determining
and evaluating potential hazards may include historical records, soil
evaluations, engineering studies, expert opinions, standards used
by licensed insurance companies, and adopted regional, county, or
local municipal policies.
(5) Development design; remnants; neighboring development.
All portions of a tract being subdivided shall be taken up in lots,
streets, open lands, or other proposed uses, so that remnants and
landlocked areas shall not be created. The layout of a subdivision
shall also be planned with consideration for existing nearby developments
or neighborhoods so that they are coordinated in terms of interconnection
of open space, traffic movement, drainage, and other reasonable considerations.
(6) Natural features. Care shall be taken to preserve
natural features such as agricultural land, woodland and specimen
trees, wetlands, water courses, views, and historical features, such
as buildings and stone walls, which will maintain the attractiveness
and value of the land. Damming, filling, relocating or otherwise interfering
with the natural flow of surface water along any surface water drainage
channel or natural water course shall not be permitted except with
the approval of the Borough and, where appropriate, the PA DEP and
the US Army Corps of Engineers.
(a)
Groundwater resources. This section is intended
to ensure that the Borough's limited groundwater resources are
protected for purposes of providing water supplies for its residents
and businesses, and to protect the base flow of surface waters. These
regulations shall be applied in conjunction with those provided for
in other sections dealing with groundwater conservation and replenishment.
The proposed subdivision and land development of any tract shall be
designed to cause the least practicable disturbance to natural infiltration
and percolation of precipitation to the groundwater table This shall
be accomplished through careful planning of vegetation removal and
land disturbance activities, the use of bioretention areas and infiltration
trenches, and the placement of streets, buildings and other impervious
surfaces in locations other than those identified on the existing
resources and site analysis plan as having the greatest permeability
where precipitation is most likely to infiltrate and recharge the
groundwater.
(b)
Stream valleys, swales, springs, and other lowland
areas. Stream valleys (which include stream channels and flood plains),
swales, springs and other lowland areas are resources that warrant
restrictive land use controls because of flooding hazards to human
life and property, ground water recharge functions, importance to
water quality, and the health of aquatic communities and wildlife
habitats. Such areas are generally poorly suited for subsurface sewage
disposal systems. Stormwater management shall be provided in accord
with Borough stormwater regulations and the following activities shall
be minimized:
[1]
Disturbance to streams and drainage swales.
[2]
Disturbance to year-round wetlands, areas with
seasonally high water tables, and areas of surface water concentration.
[3]
Stream valleys, swales and other lowland areas
warrant designation as conservation open space because of extreme
limitations. They may also require adjoining buffer lands to be included
in the conservation open space, as determined by an analysis of the
protection requirements of such areas on a case-by-case basis. In
certain instances, hydric soils may be excluded from the conservation
open space where it can be demonstrated that they are suitable for
low density residential uses and on-lot sewage systems.
(c)
Steep slopes. The purpose of steep slope regulations
is to conserve and protect those areas having steep slopes from inappropriate
development and excessive grading; to prevent potential dangers caused
by erosion, stream siltation, and soil failure; and to promote uses
in steep slope areas that are compatible with the preservation of
existing natural features, including vegetative cover by restricting
grading. Steep slope area is defined and established as those areas
having an original, unaltered slope of 25% or greater. The establishment
of slopes shall be made by a topographic survey performed by a registered
surveyor, or other means acceptable to the Borough.
(d)
Significant natural areas and features. Natural
areas containing rare or endangered plants and animals, as well as
other features of natural significance exist throughout the Borough.
Some of these have been carefully documented (e.g., by the Statewide
Natural Diversity Inventory), whereas for others, only the general
locations are known. Subdivision applicants shall take all reasonable
measures to protect significant natural areas and features either
identified by the Borough Comprehensive Plan or by the applicant's
existing resources and site analysis plan by incorporating them into
proposed conservation open space areas or limiting their disturbance
in areas proposed for development.
(7) Historic structures and sites. Plans requiring subdivision
and land development approval shall be designed to protect existing
historic resources. The protection of an existing historic resource
shall include the conservation of the landscape immediately associated
with, and significant to, that resource, to preserve its historic
context. Where, in the opinion of the Borough, a plan will have an
impact upon an historic resource, the developer shall mitigate that
impact to the satisfaction of the Borough by modifying the design,
relocating proposed lot lines, providing landscape buffers, or other
approved means. Borough participation, review, and approval of the
applicant's interaction with the State Historical and Museum
Commission (if required) about the preservation of historic resources,
as required for PA DEP approval of proposed sewage disposal systems,
shall be required prior to preliminary plan approval.
(8) Boundary lines and reserve strips. Lot lines should
follow municipal and county boundary lines, rather than cross them.
Reserve strips controlling access to lots, public rights-of-way, public
lands, or adjacent private lands are prohibited.
(9) Water frontage and surface drainage. The damming,
filling, relocating, or otherwise interfering with the natural flow
of surface water along any surface water drainage channel or natural
watercourse shall not be permitted except with approval of the Borough,
and, where required by state statute, the PA DEP, or other applicable
state agencies. Stormwater management shall be provided in accord
with Borough stormwater regulations.
(10)
Community facilities and adopted plan requirements.
Where a proposed park, playground, school, or other public use is
shown in an adopted plan of the Borough and is located in whole or
in part in a proposed development, the Borough Council may require
the reservation of such area provided that such reservation is acceptable
to the developer.
(11)
Walkways. Pedestrian interior walks or trails
may be required, where necessary, to assist circulation or provide
access to community facilities (e.g., a park or school).
(12)
Storm drainage. Lots and/or parcels shall be
laid out and graded to provide positive drainage away from buildings
and to prevent damage to neighboring lots, tracts, or parcels. Stormwater
management shall be provided in accord with Borough stormwater regulations.
B. Planned improvements. Physical improvements to the
property being subdivided and/or developed shall be provided, constructed,
and installed as shown on the approved plan.
C. Improvements specifications. All improvements installed
by the developer shall be constructed in accord with the design specifications
and construction standards of the Borough and advice of the Borough
Engineer.
(1) Where there are no applicable Borough specifications,
improvements shall, if approved by the Borough Council, be constructed
in accord with specifications furnished by the Borough Engineer, Carbon
County Conservation District, Pennsylvania Department of Transportation,
Pennsylvania Department of Environmental Protection, Bureau of Forestry
or such other county, state or federal agency as may be applicable.
(2) If there are no applicable Borough or state specifications,
the Borough Council may authorize that such specifications be prepared
by the Borough Engineer or an engineering consultant.
D. Other borough regulations. Whenever Chapter
500, Zoning, and/or other regulations impose more restrictive standards and requirements than those contained herein, the stricter standards shall apply.
All preliminary plans for all major subdivisions and all land developments shall include documentation of a four-step design process in determining the layout of proposed conservation open space, house and development sites, streets, and lot lines, as described below. (NOTE: Diagrams are for residential illustrative purposes only.) See Chapter
500, Zoning, for conservation subdivision design development and design of commercial establishments and nonresidential uses.
A. Resource inventory and analysis. The tract's resources shall be delineated on an existing resources and site analysis, as required in §
390-28C.
B. Four-step design process.
(1) Step 1: Delineation of conservation open space.
(a)
Conservation open space should include all primary conservation areas and those parts of the remaining buildable lands with the highest resource significance, as described below and in §
390-47A and §
390-47B.
Step 1, Part 1 - Identifying Primary Conservation Areas
|
(b)
Proposed conservation open space shall be designated
using the existing resources and site analysis plan as a base map.
The Comprehensive Plan shall also be referenced and considered. Primary
conservation areas shall be delineated comprising floodplains, wetlands,
and slopes over 25%.
(c)
In delineating secondary conservation areas,
the applicant shall prioritize natural and cultural resources on the
tract in terms of their highest to least suitability for inclusion
in the proposed conservation open space, in consultation with the
Planning Commission.
(d)
Based on those priorities and practical considerations
given to the tract's configuration, its context in relation to
resource areas on adjoining and neighboring properties, and the applicant's
subdivision objectives, secondary conservation areas shall be delineated
in a manner clearly indicating their boundaries as well as the types
of resources included within them.
Step 1, Part 2 - Identifying Secondary Conservation Areas
|
(e)
Development areas should constitute the remaining
lands of the tract outside of the designated conservation open space
areas.
Step 1. Part 3 - Identifying Potential Development Areas
|
(2) Step 2: Location of house/development sites. Potential
house/development sites shall be located, using the proposed conservation
open space as a base map as well as other relevant data on the existing
resources and site analysis plan such as topography and soils. House
sites should be located not closer than 100 feet to primary conservation
areas and 50 feet to secondary conservation areas, taking into consideration
the potential negative impacts of residential development on such
areas as well as the potential positive benefits of such locations
to provide attractive views and visual settings for residences.
Step 2 - Locating Potential House Sites
|
(3) Step 3: Designing infrastructure.
(a)
With house/development site locations identified,
applicants shall delineate a street system to provide vehicular access
to each house in a manner conforming to the tract's natural topography
and providing for a safe pattern of circulation and ingress and egress
to and from the tract.
Step 3 - Designing infrastructure
|
(b)
Streets shall avoid or at least minimize adverse
impacts on the conservation of open space areas. To the greatest extent
practicable, wetland crossings and new streets or driveways traversing
slopes over 15% shall be avoided.
(c)
Street connections shall generally be encouraged
to minimize the number of new cul-de-sacs and to facilitate easy access
to and from homes in different parts of the tract and on adjoining
parcels.
(d)
A proposed network of trails shall also be shown
for residential projects, connecting streets with various natural
and cultural features in the conservation open space. Potential trail
connections to adjacent parcels shall also be shown in areas where
a municipal trail network is envisioned.
(e)
Preferred locations for stormwater and wastewater
management facilities shall be identified using the existing resources/site
analysis plan as a base map. Opportunities to use these facilities
as a buffer between the proposed conservation open space and development
areas are encouraged. The facilities should be located in areas identified
as groundwater recharge areas indicated on the existing resources/site
analysis plan. The design of the facilities should strive to use the
natural capacity and features of the site to facilitate the management
of stormwater and wastewater.
(4) Step 4: drawing in the lot/development lines. Upon
completion of the preceding three steps, boundaries are drawn as required
to delineate the boundaries of individual lots or development areas,
following the configuration of house sites and streets in a logical
and flexible manner.
Step 4 - Drawing in the Lot/Development Lines
|
The design of conservation open space proposed in any subdivision or land development plan shall reflect the standards set forth in §
390-45 and §
390-46 and the resources identified in the Comprehensive Plan and the development's existing resources and site analysis.
A. Primary conservation areas. The design shall include
the following primary conservation areas in the conservation open
space and strictly minimize the disturbance of such areas:
(2) Floodway and floodplain as shown on the Borough Flood
Insurance Rate Map issued by FEMA.
B. Prioritized list of secondary conservation areas. The
design shall, to the fullest extent possible, incorporate the following
secondary conservation areas. (Listed in higher to lower order of
significance):
(1) Vernal ponds, wet soils, swales, springs, and other
lowland areas, including adjacent buffer areas which may be required
to ensure their protection.
(2) Significant natural areas of species listed as endangered,
threatened, or of special concern, such as those listed in the Statewide
Natural Diversity Inventory or the Carbon County Natural Areas Inventory.
(3) Moderately steep slopes (15%-25%), particularly those
adjoining water courses and ponds, where disturbance and resulting
soil erosion and sedimentation could be detrimental to water quality.
(4) Healthy woodlands, particularly those performing important
ecological functions such as soil stabilization and protection of
streams, wetlands, and wildlife habitats.
(5) Areas where precipitation is most likely to recharge
local groundwater resources because of topographic and soil conditions
affording high rates of infiltration and percolation.
(6) Hedgerows, groups of trees, large individual trees
of botanic significance, and other vegetation features representing
the site's rural past.
(7) Class I and II agricultural soils as defined by the
USDA Natural Resource Conservation Service.
(8) Historic structures and sites.
(9) Visually prominent topographic features such as knolls,
hilltops, and ridges, and scenic viewsheds as seen from public streets
(particularly those with historic features).
(10)
Existing trails connecting the tract to other
locations in the Borough.
C. Other design considerations. The configuration of proposed
conservation open space set aside for common use in residential subdivisions
and conservation open space in non-common ownership shall comply with
the following standards:
(1) Be free of all structures except historic buildings,
stone walls, and structures related to conservation open space uses.
The Borough Council may grant approval of structures and improvements
required for storm drainage, sewage treatment and water supply within
the conservation open space provided that such facilities are not
detrimental to the conservation open space and that the acreage of
lands required for such uses is not credited towards minimum conservation
open space acreage requirements for the tract, unless the land they
occupy is appropriate for passive recreational use.
(2) Not include parcels smaller than three acres, have
a length-to-width ratio of more than four-to-one or be less than 75
feet in width, except for such lands specifically designed as neighborhood
greens, playing fields or trail links.
(3) Be directly accessible to the largest practicable
number of lots within the subdivision. Non-adjoining lots shall be
provided with safe and convenient pedestrian access to conservation
open space.
(4) Be suitable for active recreational uses to the extent
deemed necessary by the Borough Council, without interfering with
adjacent dwelling units, parking, driveways, and streets.
(5) Be interconnected, wherever possible, to provide a
continuous network of conservation open space within and adjoining
the subdivision.
(6) Provide buffers to adjoining parks, preserves or other
protected lands.
(7) Except in those cases where part of the conservation
open space is located within private house lots, provide for pedestrian
pathways for use by the residents of the subdivision. Provisions should
be made for access to the conservation open space, as required for
land management and emergency purposes.
(8) Be undivided by public or private streets, except
where necessary for proper traffic circulation.
(9) Be suitably landscaped either by retaining existing
natural cover and wooded areas and/or according to a landscaping plan
to protect conservation open space resources.
(10)
Be made subject to such agreement with the Borough
and such conservation easements duly recorded in the office of the
Carbon County Recorder of Deeds as may be required by the Planning
Commission to preserve the conservation open space for such uses.
Easements and reservations for easements shall be provided as
necessary to accommodate the proposed development. The following easements
shall be provided, shall be indicated on the plans, and shall be included
in the covenants:
A. Drainage easements.
(1) Drainage easements shall completely contain the proposed
stormwater management controls, including pipes, swales, basins, ponds,
other structures, and all other facilities which may require improvement,
maintenance, or replacement.
(2) Drainage easements with a minimum width of 10 feet
shall be provided along all road lines, exterior property lines and
centered on all common lot lines.
(3) Where a subdivision is traversed by a stream, watercourse,
or drainage way, a drainage easement shall be provided which conforms
to the boundary of such stream, watercourse, or drainage way.
B. Slope easements. Required slope easements shall be
granted to the property owners association or other appropriate parties.
C. Utility easements. Utility easements shall be granted
to Jim Thorpe Borough, the property owners association, appropriate
utility companies, other appropriate parties, as follows:
(1) Utility easements with a minimum width of 10 feet
shall be provided along all road lines, all exterior property lines
and centered on all common lot lines.
(2) Additional utility easements minimum width of 20 feet
shall be provided as necessary to accommodate required utility services.
D. Clear view easements. Easements for the maintenance of clear sight triangles are required by §
390-51N.
E. Other easements. Additional easements for access, construction,
or other purposes shall be provided as necessary.
(Note: This section applies only in cases where earth disturbance
is involved as part of a subdivision or land development as defined
by this chapter. A minor subdivision often results in the eventual
construction of a house, but the issuance of a building permit would
not occur until after the subdivision has been approved and recorded.
The construction of one dwelling on one lot is not subject to regulation
by this chapter.)
A. Protection of vegetation from mechanical injury. Where
earthwork, grading, or construction activities will take place in
or adjacent to woodlands, old fields, or other significant vegetation
or site features, the Borough may require that the limit of disturbance
to be delineated and vegetation protected through installation of
temporary fencing or other approved measures. Such fencing shall be
installed prior to commencing of and shall be maintained through the
period of construction activity.
B. Protection of vegetation from grading change. Grade
changes to occur at any location of the property shall not result
in an alteration to soil or drainage conditions which would adversely
affect existing vegetation to be retained following site disturbance
unless adequate provisions are made to protect such vegetation and
its root systems.
C. Protection of vegetation from excavations. When digging
trenches for utility lines or similar uses, disturbances to the root
zones of all woody vegetation shall be minimized. If trenches must
be excavated in the root zone, all disturbed roots shall be cut as
cleanly as possible. The trench shall be backfilled as quickly as
possible.
D. Protection of topsoil.
(1) Except as approved on the preliminary plan, no topsoil
shall be removed from the site and shall be retained on the site as
necessary for proper site stabilization.
(2) Topsoil removed shall be redistributed and stabilized
as quickly as possible following the establishment of required grades
for a project or project phase. All exposed earth surfaces shall be
stabilized in accord with best management practices.
(3) Grading and earthmoving operations shall be scheduled
to minimize site disturbance during the period from November 1 to
April 1, when re-vegetation of exposed ground is difficult.
(See Article
IX for additional standards applicable to nonresidential uses.)
A. Access. All lots shall front on a public street or
on an approved private street constructed in accord with this chapter
and be subject to the following design standards:
(1) Within any subdivision and/or land development, a
maximum of 12 lots or dwelling units shall be served by a single means
of access.
(2) A minimum of two means of access shall be provided
for any subdivision and/or land development, or portion thereof, which
contains more than 12 lots or dwelling units.
(3) When two means of access are required or proposed, the streets or portions of a street which provide such access shall comply with the minimum offset requirements in §
390-51H(3).
(4) Residential subdivisions shall be provided with enough
accesses to limit the maximum anticipated average daily traffic to
1,500 vehicles per day on any access.
B. Configuration. The configuration of blocks and lots shall be based on the area and dimensional requirements of Chapter
500, Zoning, topography and natural features, existing and proposed improvements, the adjacent development pattern, the Comprehensive Plan, and other plans. Lot configurations should provide for flexibility in building locations, while providing safe vehicular and pedestrian circulation.
C. Blocks.
(1) All blocks.
(a)
Blocks shall be of enough width to permit two
tiers of lots except where a public street, stream, other natural
barrier or unsubdivided land prevents the platting of two tiers of
lots.
(2) Residential blocks.
(a)
Blocks in residential subdivisions shall have
a minimum length of two times the minimum lot width, but not less
than 300 feet, and a maximum length of 10 times the minimum lot width,
but not greater than 1,500 feet for blocks which contain lots with
an average area of less than one acre, nor greater than 2,000 feet
in other cases.
(b)
In the design of residential blocks, special
consideration should be given to requirements for safe and convenient
vehicular and pedestrian circulation, including minimization of the
number of intersections with collector and arterial streets.
(c)
Pedestrian interior walks may be required to
assist circulation, to provide access to community facilities in blocks
over 1,000 feet, or to provide pedestrian walkway continuity within
a given subdivision. Such interior walks shall have a width of not
less than 10 feet and a paved walk of not less than four feet.
D. Lot standards. Minimum lot sizes shall comply with Chapter
500, Zoning, and lots shall comply with the following:
(1) To avoid jurisdictional problems, lots divided by
municipal boundaries shall be avoided. Where a lot is divided by a
municipal boundary, the minimum standards of both municipalities shall
apply. Where a subdivision is divided by a municipal boundary, the
applicant shall so notify the governing body of each municipality
affected so that an administrative agreement for the platting and
taxing of lots between the municipalities can be executed, if such
agreement is necessary.
(2) Lot lines shall be perpendicular or radial to street
right-of-way lines.
(3) Double frontage lots are prohibited except when provided
as reverse frontage lots to reduce the number of driveway intersections
along a street with a high volume of traffic or where existing topographic
conditions and/or property configuration make the development of single
frontage lots impractical. Where double frontage lots are permitted,
the following requirements shall apply:
(a)
The lot depth and the rear yard of each double frontage lot shall be a minimum of 20 feet more than the minimums prescribed by Chapter
500, Zoning.
(b)
An undisturbed natural buffer with a minimum width of 20 feet shall be provided along the designated rear of the lot, with a suitable landscaped screen provided by the developer in accord with landscaping standards Chapter
500, Zoning.
(4) Odd-shaped lots should be avoided and may be approved
solely at the discretion of the Borough.
(5) Lots shall be laid out to the edge of the required
right-of-way of any proposed street and lot lines along existing public
or private streets shall be maintained as they exist.
(6) Remnants of land, other than rights-of-way or required
buffers, shall not be created; they shall be incorporated into existing
or proposed lots, properties, or rights-of-way.
(7) Subdivisions with lots having two or more times the
minimum lot area and are otherwise suitable shall be designed for
the potential subdivision of such lots unless further subdivision
is prohibited by deed covenants and restrictions. A sketch plan may
be required to demonstrate that potential future subdivision will
conform to this chapter.
E. Lot width and depth. The minimum width of residential
and nonresidential lots shall be as follows:
Lot Size*
(square feet)
|
Minimum Lot Width
(feet)
|
Lot Size*
(square feet)
|
Minimum Lot Width
(feet)
|
---|
9,000 to 19,999
|
60
|
60,000 to 79,999
|
130
|
20,000 to 24,999
|
70
|
80,000 to 99,999
|
150
|
25,000 to 29,999
|
80
|
100,000 to 119,999
|
180
|
30,000 to 39,999
|
90
|
120,000 to 159,999
|
190
|
40,000 to 49,999
|
110
|
160,000+
|
210
|
50,000 to 59,999
|
120
|
|
|
* Rounded to the nearest whole number.
|
F. Flag lots. Flag lots shall not be created when lots
can be designed that directly access a public or private street. The
Borough Council may approve the creation of a limited number of flag
lots in accord with the standards in this section. The Borough Council
may attach any reasonable conditions to the creation of flag lots
as it finds necessary or desirable to provide for the orderly development
of land and street systems.
(1) Further subdivision restriction. The flag lot shall
be restricted from further subdivision unless the required access
street right-of-way width is provided and a note to that effect shall
be placed on the plan.
(2) Access corridor length. The access corridor (staff)
portion of the lot is the area of the lot that extends between the
street and main portion of the lot and shall not exceed 450 feet in
length as measured from the street right-of-way.
(3) Access corridor width. The access corridor (staff)
shall, at a minimum, be 25 feet in width.
(4) Driveway grade. The proposed driveway shall not exceed
a grade of 15% and shall otherwise provide adequate access for emergency
vehicles. The Borough may require the installation of the driveway
as part of final approval.
(5) Curves. Curves in the access corridor of greater than
45° shall not be permitted.
(6) Lot width. The lot width measurement shall be made
on the main portion of the lot and shall not include the access corridor
(staff).
(7) Front lot line. The lot line where the narrow access
corridor (staff) widens shall be considered the front lot line for
applying setback requirements.
(8) Minimum lot area. The area of the access corridor
(staff) shall not be included in the calculation of the required minimum
lot area.
(9) Adjoining flag lots. No more than two flag lots shall
be permitted side-by-side and shall not be stacked more than one tier.
Monuments and markers shall be placed so that the center, a
scored, or marked point shall coincide with the intersection of the
lines to be marked and shall be set to an accuracy of 0.03 feet and
shall be certified by the project surveyor.
A. Monuments.
(1) Monuments shall consist of either:
(a)
Solid steel rods a minimum of 0.5 inches in diameter
and a minimum of 24 inches in length, centered in a cylinder of concrete
a minimum of nine inches in diameter and a minimum of 24 inches in
depth, poured in place.
(b)
Steel pipes a minimum of 0.75 inch in diameter
and a minimum of 24 inches in length, centered in a cylinder of concrete
a minimum of nine inches in diameter and a minimum of 24 inches in
depth, poured in place.
(c)
Precast (i.e., manufactured) reinforced concrete
monuments measuring a minimum of four inches by four inches by and
a minimum of 24 inches in length.
(d)
Such other monuments as the Borough may approve.
(2) Monuments, including the rod or pipe and the concrete,
shall be placed flush with the ground.
(3) Monuments shall not be placed until road grading has
been completed.
(4) Monuments shall be set at all tract perimeter locations
where permanent monuments did not exist at the time of the perimeter
survey unless site conditions preclude the installation, and the missing
monument shall be noted on the final plan. Existing monuments shall
not be removed.
B. Markers.
(1) Markers shall consist of solid steel rods a minimum
of 0.5 inches in diameter and 20 inches long.
(2) Such other marker as the Borough may approve.
(3) Markers shall be set two inches above the surrounding
grade.
(4) Markers shall be set at each existing and proposed
lot corner. If it is impossible or impractical to set a survey marker
precisely on the corner, then survey markers may be established on
the line of the lot and offset a distance from the actual corner.
Such distance shall be noted on the final plan.
(5) A wooden stake or other suitable object shall be placed
near each survey marker as a witness with a notation made on it which
identifies the lot by number, letter, or name of landowner.
In all cases where available and with the approval of the Borough Water Department and the Jim Thorpe Sewer Authority, subdivisions and land developments shall be connected to the public water supply and sewage disposal system in accord with Chapter
431, Water, and Chapter
355, Sewers, respectively. In cases where public service is not possible, the provisions of this §
390-55 and Chapter
447, Wells, shall apply.
A. Adequate systems. All subdivisions and land developments
shall be served by an adequate water supply and sewage disposal system.
The developer shall provide evidence documenting its adequacy.
B. Public utility commission. All suppliers of non-municipally
owned, centralized water and/or sewer services shall be organized
in such a fashion as may be required by the Pennsylvania Public Utility
Commission. The developer shall provide for operation, maintenance,
and continuity of services in a manner which is acceptable to the
Borough.
C. Documentation. Three copies of all correspondence,
supporting documentation, applications for permits and certificates
for operation submitted to the Pennsylvania Department of Environmental
Protection and/or the Pennsylvania Public Utilities Commission for
the right to provide such services shall be forwarded to the Borough
as a part of the public record. One copy of the permit and/or certificate
of convenience issued by the Pennsylvania Department of Environmental
Protection and/or the Pennsylvania Public Utilities Commission authorizing
such services shall be forwarded upon receipt to the Borough as a
part of the public record.
D. Use of existing system. In the case of utilization
of a publicly owned or other existing centralized water supply and/or
sewage disposal system the developer shall submit, at the preliminary
stage, a letter from the operator of such utility indicating the utility
owner's willingness to supply service to the development and
including a verification of the adequacy of the utility system to
serve the proposed development. Before final approval an executed
agreement with the service supplier shall be submitted.
E. Compliance with other approvals. All required Certificates
of Convenience, approvals and permits shall be obtained by the developer
and/or the utility owner as a condition of final plan approval.
F. Design. All water supply and sewage disposal systems
shall be designed and certified by a Pennsylvania registered professional
engineer or other individual otherwise certified for such design work,
and all systems shall be designed in accord with all applicable federal,
state, and local standards.
G. Pressure testing. Pressure testing of all collection/conveyance of any centralized water supply or centralized sewage disposal system lines shall be required as part of the inspections required in accord with Article
V. All such testing shall be conducted in accord with the procedures specified by the Borough Engineer.
H. Sewage facilities plan. All sewage disposal systems
shall be consistent with the Borough sewage facilities plan.
I. Well setbacks. All wells shall comply with the setback
requirements of the Borough well ordinance. Proposed well locations
shall be shown on the plan to confirm compliance.
J. On-lot water supply. All on-lot water supply systems shall comply with the requirements of Pennsylvania Department of Environmental Protection requirements, Chapter
447, Wells, and other applicable Borough Chapter
500, Zoning. Prior to preliminary plan approval, the requirement for the installation of on-lot wells in accord with Chapter
447, Wells, shall be noted on the development plan.
L. Centralized water supply. If an approved public water
supply is not accessible and water is to be furnished on a project
basis, the applicant shall submit with the preliminary plan written
evidence of compliance with all Borough, state, and other applicable
regulations. If the proposed system is not regulated by PA DEP, it
shall comply with the latest edition of the Recommended Standards
for Water Works, Policies for the Review and Approval of Plans and
Specifications for Public Water Supplies, A site context map of the
Water Supply Committee of the Great Lakes-Upper Mississippi River
Board, of State and Provincial Public Health and Environmental Managers,
Latest Edition.
M. On-Lot sewage disposal.
(1) Standards. All on-site sewage disposal systems shall
comply with the applicable PA DEP, Borough, and all other applicable
standards.
(2) Site suitability.
(a)
All residential lots in developments proposing the use of on-site sewage disposal shall contain a primary and a replacement sewage absorption area as tested by the Borough SEO in accord with DEP requirements and this §
390-55M. Such areas for sewage absorption must be determined to be suitable by proper testing. Such areas shall be shown on the preliminary plan and final plan. All sewage disposal areas shall remain undisturbed, and this shall be assured via a covenant placed on the plan.
(b)
Prior to preliminary plan approval, the requirement for the installation of on-lot sewage disposal systems in accord with Chapter
355, Sewers, shall be noted on the development plan.
(c)
Should the applicant propose the use of individual
systems which do not require soil testing, documentation shall be
provided that the affected lots are suitable for the proposed system.
In addition, a note shall be placed on the preliminary plan and final
plan detailing the type of system(s) proposed and stating that the
affected lots have not been tested for a soil-based system.
(3) Conservation design subdivisions. In the case of conservation
design subdivisions, the primary and reserved sewage disposal areas
may be located on common land provided the necessary easements for
construction and maintenance of such systems are provided.
N. Centralized sewage disposal system.
(1) Available sewage disposal. If a centralized sewage
disposal system is proposed and an existing public sewage disposal
system, or an existing private sewage disposal system identified as
a regional system by the Borough sewage facilities plan, said development
shall connect to such system in accord with the requirements of the
Borough sewage facilities plan, the system owner, the PA PUC and the
PA DEP.
(2) Project system. If an approved sewage disposal system
is not accessible and sewage disposal is to be furnished on a project
basis, the applicant shall, upon submission of the subdivision or
land development plan, submit written evidence that he has complied
with all Borough, county, and state regulations, and that the proposed
system to be installed meets the requirements of the Pennsylvania
Department of Environmental Protection and any other applicable regulations.
(a)
All centralized sewage disposal systems shall
be consistent with the sewage feasibility studies and plans of the
Borough.
(b)
All sewage collection and treatment facilities shall be designed and constructed in accord with regulations and requirements of PA DEP and applicable Borough Chapter
500, Zoning.
(c)
All centralized sewage disposal systems shall
be designed and constructed to provide adequate capacity for the ultimate
flow of the subject development.
(d)
All centralized sewage disposal systems using
subsurface, or land application of sewage effluent shall be designed
and constructed in accord with applicable PA DEP standards, and a
suitable replacement area for the effluent disposal area shall be
provided.
O. Community system maintenance. To extend the useful life of community sewage disposal systems and minimize disposal system problems, the developer shall, for all subdivisions or land developments using a community system, provide for system maintenance via the creation of a Property Owners Association. Such POA shall be created in accord with §
390-41 providing for the inspection of the community system each year and the pumping of septic tanks at intervals as required by Chapter
355, Article
V, On-Lot Sewage Management Program. The POA shall file with the Borough an annual report detailing which systems have been inspected and pumped, showing receipts for the same, from a septage hauler disposing of the septage at a DEP licensed facility. Failure of the POA to comply with this §
390-55O shall be considered a violation of Chapter
500, Zoning.
A landscaping plan for any major subdivision or land development shall be submitted by the developer for review and approval by the Borough. Where the project involves landscaping of more than 0.5 acre the plan shall be prepared by a qualified registered landscape architect. The landscaping plan shall include the overall design of the landscaping proposed, the type and size of vegetation to be used and details of installation. Following the completion of any land development project, the ongoing maintenance of the landscaping shall comply with the requirements of this §
390-59 and violations shall be subject to the enforcement provisions of this chapter. Landscaping shall be installed to the following minimum standards.
A. All disturbed areas of the site shall be included in
the landscaping plan. Those areas immediately adjacent to buildings
and walkways shall be given extra consideration.
B. Adequate pedestrian walkways shall be provided for
access from parking areas and to common use areas and shall be an
integral part of the landscaping and shall be consistent with the
architectural type of the project and shall be a minimum of four feet
in width.
C. Plants shall be species which are native to Pennsylvania,
or are suitable for local growing conditions, and which are not included
on the Invasive Plants list maintained by the PA Department of Conservation
and Natural Resources.
D. Where landscaping is required to serve as a buffer
(e.g., between the project and adjoining properties or between buildings
and parking areas) the plants used shall be of the evergreen type
and of adequate size to provide an effective buffer within five years
of project approval or in accord with the time frame as may be established
as a condition of approval for conditional uses, special exceptions,
or variances.
E. The variety of landscape materials shall be consistent
with building architecture and the surrounding area and plant type
shall be appropriate for the size and location of the space it is
to occupy.
F. All areas in and around parking areas shall be landscaped.
G. Attractive natural features of the site, including
mature trees, shall be preserved to the greatest extent possible.
H. Artificial landscape materials shall not be used in
place of live trees, shrubs and vegetative ground cover.
I. All trees to be planted shall have a trunk diameter
of at least one inch as measured one foot above the ground.
J. Ground cover shall be spaced to allow for complete
fill-in within one year of the date of planting.
K. Adequate soil preparation in accord with accepted landscape
industry practices shall be required.
L. All landscaping shall be maintained in good growing
condition by the property owner and free of weeds, debris, and brush.
A lighting plan shall be provided by the developer and shall include details for lighting of streets, parking areas and buildings. Streetlights shall be required for all major subdivisions unless the developer documents that such lighting is not necessary, and a modification is granted by the Borough Council. All lighting shall comply with the standards in Chapter
500, Zoning, §
500-67.
Each major residential subdivision or residential land development
shall provide an adequate and reliable water source for firefighting
purposes which shall be available for firefighting in other areas
and for training. The provisions for an adequate and reliable water
source shall be submitted as part of the application. Such plans and
installations shall be inspected by the Borough for compliance with
this chapter. The developer may elect to provide this water source
through the establishment of a pressurized water system, static water
source or combination thereof.
A. Pressurized system. When proposed, a pressurized water
distribution system shall be designed in accord with accepted engineering
practice.
B. Static water sources. When a static water source is
proposed, access to the water source shall be provided within 0.50
mile street distance (not point to point) of any buildable point within
the subdivision. This may be met either using ponds, cisterns, above
or below ground water tanks, or a combination thereof. Access to the
water source shall be guaranteed with a recorded agreement between
the owner of the water source and the Borough. Regardless of the type
of static source provided, the system shall be installed in compliance
with NFPA 1231, unless the Borough requires stricter standards.
(1) Static water sources shall be of sufficient capacity
to provide an uninterrupted flow of at least 1,500 gallons per minute
for a two-hour duration. Dry hydrants shall be installed in static
water sources and located as required to meet the 0.50-mile requirement.
(2) The dry hydrant shall be capable of supplying a 1,500
gallons per minute pumper operating at 100% capacity at 150 pounds
per square inch through 10 feet of six-inch suction hose. Dry hydrants
shall be terminated with a 45° dry hydrant head with six-inch
male nst threads and a cap. The centerline of the head shall be three
feet from the ground. All piping used in the dry hydrant shall be
schedule 80 PVC, with a minimum diameter of eight inches. All exposed
above ground components shall be primed with a PVC primer to prevent
deterioration. The hydrant head shall be connected to the piping with
a tapered coupling.
(3) The piping for the dry hydrant shall be installed
a minimum of three feet below the frost line and average ice depth
of the water source. The strainer shall be located below the surface
of the water at a depth that is greater than three feet below the
average ice depth of the water (and the water surface) and no less
than two feet from the bottom of the water source. The strainer shall
have a clean-out cap installed for maintenance. The vertical distance
from the water surface to the centerline of the hydrant head shall
not exceed 10 feet.
(4) Adequate street access shall be provided as determined
by the Borough.
Fire apparatus access roads and fire lanes shall be provided
within all major subdivisions and all land developments in accord
with the minimum standards set forth in this section.
A. Fire apparatus access roads. A road providing access
for fire apparatus from the fire station to every facility, building
or portion of a building within all major subdivisions and all land
developments approved under this chapter shall be provided and maintained
in accord with the following requirements:
(1) The fire apparatus access road shall comply with the requirements of this §
390-64 and shall extend to within 150 feet of all portions of the facility or any portion of the exterior wall of the first story of any building, as measured by an approved route around the exterior of the building or facility, except as follows:
(a)
If the building is equipped throughout with an
approved automatic sprinkler system, the Borough may allow an increase
to the 150-foot dimension.
(b)
Where fire apparatus access roads cannot be installed
due to location on the property, topography, waterways, nonnegotiable
grades or similar conditions, and an alternative means of fire protection
is provided.
(2) Specifications. Fire apparatus access roads shall
be designed, installed, and maintained in accord with the following
criteria:
(a)
Existing public roads. All roads and bridges which are public at the time of adoption of Chapter
500, Zoning, shall be considered adequate to meet the required specifications of this section.
(b)
Dimensions. Fire apparatus access roads shall
have an unobstructed width of not less than 20 feet, and an unobstructed
vertical clearance of not less than 14 feet. The portion of a fire
apparatus access road adjacent to a fire hydrant or adjacent to a
building with a height exceeding 30 feet shall have a minimum width
of 26 feet.
(c)
Surface. Fire apparatus access roads shall be
designed and maintained to support the imposed loads of fire apparatus
and shall be surfaced to provide all-weather driving capabilities.
(d)
Turning radius. The minimum turning radius of
any fire apparatus access road shall be determined by the Borough
depending upon specific conditions but shall not be less than 30 feet
for the inside radius.
(e)
Dead end roads. Dead end fire apparatus access
roads exceeding 150 feet in length shall be provided with an approved
area for turning around of fire apparatus, with a minimum constructed
diameter of 100 feet, or such other configuration as may be approved
by the Borough.
(f)
Bridges. Where a bridge is part of a fire apparatus
access road, the bridge shall be constructed, maintained, and posted
in accord with AASHTO Standard Specifications for Highway Bridges.
(g)
Grade. Except for any public road portion, the
grade of a fire apparatus access road shall not exceed 12%, unless
a steeper grade is approved by the Borough.
(h)
Marking. Where required by the Borough, approved
signs shall be provided for the fire apparatus access roads to identify
such roads and to prohibit the obstruction thereof.
(i)
Obstructions. Fire apparatus access roads shall
not be obstructed in any manner, including the parking of vehicles.
The minimum widths and clearances established above must be maintained
at all times.
(j)
Gates. The Borough may require or approve the
installation and maintenance of gates or otherwise approved barricades.
Such gates shall comply with the following criteria:
[1]
The minimum gate width shall be 20 feet clear
when opened.
[2]
Gates shall be of the swinging or sliding type.
[3]
Gates shall be properly maintained in a fully
operational condition.
[4]
Electric gates shall have a manual override.
[5]
Locking devices shall be approved by the Borough
and keys provided to all emergency service units.
(3) Multiple fire apparatus access roads. The Borough
may require more than one fire apparatus access road based on the
potential for impairment of a single road by vehicle congestion, condition
of terrain, climactic conditions or other factors that could limit
access, in addition to the criteria below, for which multiple fire
apparatus access roads are required:
(a)
Buildings exceeding 20,000 square feet gross
floor area shall be provided with at least two separate means of fire
apparatus access.
(b)
Projects containing more than 12 dwelling units
shall be provided with at least two separate means of fire apparatus
access.
(c)
When such multiple fire apparatus access roads
are required, they shall be separated by a minimum of 0.50 the length
of the overall diagonal dimension of the property or area to be served.
B. Fire lanes. Except for single-family and two-family
dwellings, fire lanes shall be provided for all buildings which are
set back more than 150 feet from a fire apparatus access road, for
buildings which exceed 30 feet in height and are set back more than
50 feet from a fire apparatus access road, and for buildings which
exceed 20,000 square feet gross floor area, in accord with the following
criteria:
(1) Exceptions. When a combination of private fire protection
facilities and methods, including but not limited to fire-resistive
roofs, fire separation walls, space separation and fire extinguishing
systems, are provided by the applicant, and approved by the Fire Chief
as an acceptable alternative, fire lanes shall not be required.
(2) Width. Fire lanes shall have a minimum width of 24
feet.
(3) Locations. Fire lanes shall provide access to the
main entrance to the building (in the case of multiple occupancy,
to the main entrance of each occupancy), to entrances to equipment
areas and to shipping/loading docks.
(a)
Fire lanes shall be a minimum of 10 feet from
any exterior wall or building overhang, and a maximum of 50 feet from
the exterior wall if one or two stories, and a maximum of 30 feet
from the wall if more than two stories.
(b)
Fire lanes shall run along the front of the building
as determined by the primary entrance(s) and the side(s) where there
are equipment areas and/or shipping/loading docks. Where there is
more than one primary entrance, each entrance shall be served by a
fire lane.
(c)
For buildings with a gross floor area of 10,000
square feet or less, parking may be provided between the building
and the fire lane, provided that unobstructed emergency services access
shall be provided in the parking rows at intervals not exceeding 100
feet.
[1]
Handicap parking may be permitted to be included
as an emergency services access.
[2]
Parking shall be prohibited in front of the primary
entrance(s) for a minimum width of 10 feet, and in front of any secondary
entrance(s) for a minimum width of five feet.
(d)
For buildings with a gross floor area exceeding
10,000 square feet, parking shall not be permitted between the building
and the fire lane.
(e)
For buildings with a gross floor area exceeding
20,000 square feet of gross floor area, fire lanes shall be provided
around the perimeter of the building.
(f)
Fire lanes exceeding 150 feet in length shall
be provided with an approved area for turning around of fire apparatus.
(g)
Marking and identification of fire lanes shall
be provided as approved by the Borough.
C. Additional reviews. Where fire lanes are required by §
390-64B, the Borough may require the applicant to provide such number of additional sets of the land development plans as it deems necessary for the information and potential review of emergency services providers.
For each major residential subdivision and each major residential
land development, safe and convenient areas for appropriate services,
including but not limited to U.S. Postal Service and school bus pick-up
and drop off must be provided.
A. Access. Where private roads and/or access drives will
be provided within the development, access shall be provided from
a public road to a suitable common services area from which the above-referenced
services can be safely and conveniently provided.
B. Services. A suitable common services area shall be
designed, constructed, and maintained for at least the following services:
(1) School bus stop. An approved school bus stop shall
be provided at a safe location within or adjacent to the common services
area unless the development is age restricted with no school age children.
(2) U.S. postal service. An area approved by the U.S.
Postal Service shall be provided within the common services area for
the location of centralized or cluster mailboxes for the residents
of the development.
C. Parking area. For any residential development which
contains 10 or more dwelling units, a parking area must be provided
and maintained adjacent to the school bus stop and mailbox areas for
the convenience of residents. The parking area must provide an adequate
number of parking spaces for the use of residents waiting at the school
bus stop and for depositing or picking up mail.
(1) A minimum of one parking space for each five dwelling
units shall be provided, with an absolute minimum of four parking
spaces.
(2) The parking area shall be designed, constructed, and maintained in accord with the requirements of Chapter
500, Zoning.
(3) The parking area shall include a safe waiting area
for school bus pick-up and shall provide safe pedestrian access to
and from the school bus stop.
(4) For developments of 50 or more dwelling units, the
parking area aisles shall be designed to accommodate buses.
(This §
390-66 shall not apply to manufactured home parks.)
A. Recreation needs. In reviewing subdivision and land development plans, the Borough shall consider the adequacy of existing and proposed recreation facilities within the Borough to serve the additional dwelling units proposed by the subdivision or land development. Except as set forth in §
390-66F and §
390-66G, to provide for the recreation facilities necessary to serve the needs of the future residents of the proposed dwelling units, the Borough shall require the public dedication of lands suitable for recreation areas accessible to the subdivision or land development. The recreation area shall be provided in accord with a plan submitted to the Borough by the developer and approved by the Borough, and in accord with the adjoining schedule.
Gross Density of Tract in Dwelling Units Per Acre
|
Percentage of Total Area of Project to be Dedicated for Public
Recreation Areas
|
---|
Up to 1.00
|
5%
|
1.01 to 2.00
|
10%
|
2.01 to 3.00
|
15%
|
3.01 and greater
|
20%
|
B. Five or fewer dwelling units. Notwithstanding the foregoing,
if the proposed subdivision or land development, in addition to any
existing or proposed subdivision or land development of which the
subject tract is a part, will allow for five or fewer dwelling units,
the area to be dedicated for recreation area shall be the lesser of
one acre or 5% of the total area of the subdivision or land development.
In determining whether a subdivision or land development qualifies
under this subsection, the enumeration of dwelling units allowed shall
include all dwelling units allowed from the effective date of this
chapter.
C. Plan notes. The recreation areas shall be shown on
the preliminary plan and final plan and shall be designated "Recreation
Areas Offered for Dedication to Jim Thorpe Borough".
D. Ownership and maintenance. In conjunction with the
preliminary and final plans, the developer shall submit for Borough
approval provisions for the ownership and maintenance of the recreation
areas until the Borough accepts the offer of dedication.
E. Standards. Areas dedicated for recreation purposes
shall meet the following standards:
(1) The recreation area shall be readily accessible to
residents of the subdivision or land development.
(2) At least one side of each recreation area should abut
a Borough or state street for a minimum distance of 100 feet.
(3) The size, surface conditions, shape, topography, and
location of the parcels shall be suitable for the intended recreational
purpose. Designated purposes are subject to Borough approval.
(4) The maximum slope of the land shall be 15%, and at
least 50% of the land shall have a slope of less than 8%.
(5) Other than those recreation areas to remain in their
existing condition, recreation areas shall be improved and equipped
to a usable state in accord with plans to be approved by the Borough.
Such improvement and equipping shall be guaranteed through the subdivision
improvements agreement.
F. Private reservation. Upon agreement with the developer,
the Borough may allow the developer to privately reserve the aforesaid
recreation areas, rather than dedicate them to the Borough. The recreation
areas shall be designated Reserved for Recreation Areas on the preliminary
and final plans. Additionally, the developer shall submit with the
preliminary and final plans provisions for the perpetual ownership
and maintenance of the recreation areas. Otherwise, privately reserved
recreation areas shall comply with the same standards as recreation
areas dedicated to the Borough.
G. Cash contribution.
(1) Upon agreement with the developer, the Borough may
accept a cash contribution in lieu of the aforesaid dedication. The
cash contribution for each dwelling unit proposed in the subdivision
or land development shall be set by resolution of the Borough Council.
Any change in the fee shall only be effective as to subdivisions or
land developments filed after the date the resolution is adopted.
(2) A credit shall be allowed for any cash payment previously
paid under this section for any dwelling units proposed on an earlier
subdivision or land development of which the subject tract is a part.
(3) Payment shall be a condition of final approval and
must be received by the Borough before the final plan is signed.
(4) Such cash contributions shall be used solely for the
purchase or development of recreation land within the Borough which
will be reasonably usable by and accessible to the residents of the
subdivision or land development. The timing of cash outlay(s) and
location of area(s) chosen are at Borough discretion, subject to the
provisions of the Pennsylvania Municipalities Planning Code.