Related zoning requirements and subdivision standards shall
in all cases be enforced. If a zoning requirement and subdivision
standard should conflict, then in all instances the zoning requirements
shall govern. In addition, the following principles of subdivision
and land development, general requirements and minimum standards of
design shall be observed by the applicant in all instances:
A. All portions of a tract being subdivided shall be taken up in lots,
streets, public lands or other proposed uses so that remnants and
landlocked areas shall not be created.
B. When only a portion of a tract is being reviewed, but where future
subdivision or development is possible, the applicant shall demonstrate
that the remainder of the tract or parcel may be subdivided or developed
in conformance with existing zoning provisions and this chapter by
submitting a sketch as a condition of plan approval.
C.
Whenever possible, the applicant shall preserve trees, groves,
waterways, scenic points, historic sites, buildings and other community
assets and landmarks, according to the provisions contained in this
chapter.
D.
Subdivision and land developments shall be laid out so as to avoid the necessity for excessive cut or fill and in conformance with the Franklin Park Borough Grading Ordinance (Chapter
124).
E.
No building or structure shall be constructed on low-lying land
which is identified as flood-prone by NFIA or is subject to annual
flooding or upon land which is naturally poorly drained unless remedial
measures are implemented. The provisions of § 212-1503,
Floodplain protection, shall apply in this instance.
F.
Where no public water supply is available to serve the subdivision
or land development, the Borough Council shall, prior to final approval,
require the subdivider, developer or builder to obtain from the DEP
certificates of approval as to the quality and adequacy of the water
supply proposed and approval of the type and construction methods
to be employed in the installation of the individual water supply
system, in accordance with current Commonwealth of Pennsylvania regulations.
G.
Where the subdivision or land development is inaccessible to
sanitary sewers, the Borough Council shall, prior to final approval,
require the subdivider, developer or builder to obtain certificates
of approval for the sewage facilities to be provided in accordance
with current county and commonwealth regulations. If the proposal
is for a package treatment system, the Borough Council shall require
the applicant to obtain certificates of approval from the Pennsylvania
DEP and Public Utilities Commission, as applicable.
H.
Proposed subdivision and land developments shall be coordinated
with the existing nearby neighborhood, whether or not within the Borough,
so that the community as a whole may develop harmoniously through
the continuation of streets, provision of landscape buffers, pedestrian
access and other techniques.
I.
Permanent monuments.
(1)
Permanent monuments shall be set accurately and established
at:
(a) Intersections of all outside boundary lines of
the plat.
(b) Intersections of those boundary lines with all
street lines.
(c) Diagonally opposite corners of each street intersection.
(d) The beginnings and ends of all curves.
(e) Points on curves where the radius or direction
changes.
(f) Other points as are necessary to establish all
lines of the plan definitely, except those outlining individual lots.
(2)
In general, permanent monuments shall be placed at all critical
points necessary to lay out correctly any lot in the subdivision.
(3)
Concrete monuments, cast in place or precast, shall be at least
30 inches long, have a flat top, be round or square, be at least six
inches in diameter and be tapered such that the bottom dimensions
are at least two inches larger than the top. The actual point may
be a three-eighths-inch-diameter brass pin four inches long, a cross
cut, a tack-in lead or a solid brass or aluminum mark with a minimum
head diameter of 1 3/8 inches with a ribbed shank at least two
inches long. Monuments made of steel reinforcing rods shall be at
least 3/4 inch in diameter. Copper-weld monument rods shall have a
minimum head diameter of 1 1/2 inches with a minimum shank dimension
of 5/8 inch. Aluminum monuments shall be a two-and-three-eighths-inch-diameter
pipe or three-fourths-inch-diameter rod as manufactured by Bernsten,
or an approved equivalent.
[Amended 1-4-2016 by Ord.
No. 628-2015]
A.
General standards.
(1)
The Borough has determined that, in order to promote the best
interest of residents of the Borough and individuals working in the
Borough, adequate and usable recreation open space shall be provided
to serve the needs of the public at large. The Borough's goals
of promoting and utilizing recreation open space are set forth at
length in the Borough's Comprehensive Recreation, Park and Open
Space Plan, as amended and updated. It is acknowledged and recognized
that both residential and nonresidential uses of land in the Borough
create a demand for facilities which require and utilize recreation
open space. Nonresidential development, whether stand-alone or part
of a mixed-use development, creates its own demands for usable recreation
open space as individuals employed in the Borough couple their work
activities with non-work recreational activities within the Borough.
As a result of nonresidential development, there is also an influx
of business invitees and others who, due to the proximity and availability
of Borough recreation open space facilities, utilize and will in the
future utilize recreation open space facilities. It is a vital Borough
objective to ensure that, as residential and nonresidential development
continue, usable and adequate recreation open space which meets the
Borough's open space design standards is developed and that existing
facilities located within recreation open space are maintained and
upgraded as needed.
(2)
In addition, the nonresidential recreation fees or dedication
of land in lieu of fee set forth in this chapter shall not apply to
public schools or buildings associated therewith, or to the Borough,
any authority created by the Borough or any other Borough agency,
on the basis that schools and local government agencies serve an overriding
public interest which warrants an exemption from donation of land
or nonresidential recreation fees.
(3)
Finally, the Borough has established this dedication of land/recreation-fee-in-lieu-thereof
requirement with the intent to promote the retention and utilization
of recreation open space within the Borough for use by future inhabitants
of new developments, including Borough residents and individuals employed
in or visiting the Borough. The amount of the applicable fee or dedication
requirement corresponds to the gross building size of the relevant
nonresidential development and should bear a reasonable relationship
to the typical expected increase in employee and business invitee
traffic within the Borough and reduction of available recreation space
within the Borough. In the event that the Borough staff determines,
in its sole discretion, that application of the nonresidential recreation
fee or dedication of land requirement would be grossly disproportionate
to the impact of a nonresidential development and in violation of
applicable Pennsylvania law, the Borough's staff shall be empowered
to recommend any modification it deems necessary to carry out the
intent of this chapter.
B.
Mandatory dedication of recreation open space.
(1)
As a condition precedent to final approval of any subdivision
or land development intended for residential use, the developer shall
dedicate for public use recreation open space meeting the design standards
in this section or, upon agreement with the Borough, pay a fee in
lieu of mandatory dedication.
(2)
As a condition precedent to final approval of any land development
intended for nonresidential use, the developer shall dedicate for
public use recreation open space meeting the design standards in this
section or, upon agreement with the Borough, pay a fee in lieu of
mandatory dedication.
(3)
The nonresidential recreation fees or dedication of land in
lieu of fee set forth in this chapter shall not apply to de minimus
nonresidential development. "De minimus" nonresidential development
shall be defined as construction of a nonresidential building of 1,500
square feet or less of gross nonresidential building area.
(4)
For residential developments, the applicant shall provide for
a minimum of 0.056 acres of public recreation open space for each
dwelling unit. For nonresidential developments, the applicant shall
provide for a minimum contiguous area of public recreation open space
equal to 5% of the total square feet of gross nonresidential building
area.
(5)
Within the area determined for residential developments by § 184-904B(4)
above, at least 50% of the acreage shall be dedicated to the Borough
for passive recreational purposes.
(6)
Within the area determined for residential developments by § 184-904B(4)
above, at least 20% of the acreage shall be dedicated to the Borough
for active recreation open space. All such land proposed for active
recreation open space shall be suitable for the use intended.
(7)
The developer shall install facilities on the dedicated land
that are appropriate to the needs of the inhabitants of the proposed
subdivision or land development.
(8)
The type of facilities proposed shall be subject to approval
by Borough Council, upon recommendation of the Borough Recreation
Board and the Borough Planning Commission. In determining the appropriateness
of the facilities, Borough Council shall consider the safety of the
general public and future liability and maintenance costs to the Borough.
(9)
All land proposed for active recreation use shall be seeded
and ready to be used for the purpose intended within 12 months of
occupancy of the first dwelling unit or nonresidential building in
that phase of the subdivision or land development.
(10)
All development of active recreation open space shall be subject
to the requirements of Section 509 of the Pennsylvania Municipalities
Planning Code for posting financial security to guarantee the completion
of required public improvements.
(11)
The applicant or developer shall offer open space for recreation
subject to approval by Borough Council and the execution of legal
agreements between the applicant or developer and Borough Council
for construction of recreational facilities on said land by the applicant
or developer. Dedication and construction of facilities shall be subject
to posting of the performance and maintenance bonds required for public
improvements to be accepted by the Borough.
(12)
The applicant or developer shall prepare a legal description
with metes and bounds of the land being offered for dedication.
(13)
The applicant may transfer open space by:
(a) Dedicating said recreation open space to the Borough.
(b) Dedicating said recreation open space to a land
trust, acceptable to the Borough.
(c) Conveying ownership to the homeowners' association
created under the terms of § 184-602F.
(14)
A maintenance agreement to be recorded in the Allegheny County
Department of Real Estate may be required by Borough Council for the
ownership and management of any private recreational facilities and
common open space. The Borough shall have the right to make annual
inspection of any private recreational facilities and common open
space and may institute the procedures for maintenance of such facilities
authorized by Section 705(f) of the Pennsylvania Municipalities Planning
Code, as now or hereafter amended.
(15)
The plan for recording shall set forth the location of any open
space, park or recreational land and shall reflect either the dedication
or the method by which the perpetual administration and maintenance
of the land and facilities is to be accomplished.
(16)
A sign with a map identifying future recreational facilities or open space shall be prominently posted along the perimeter at public access points and other locations determined by the Borough. Said sign shall be visible, weatherproof, a minimum of six and a maximum of 32 square feet, and shall be exempt from Chapter
212, Zoning, sign ordinances.
C.
Criteria for land to be dedicated to the Borough.
(1)
The recreation open space provided shall be easily, safely and
legally accessible from all areas of the development to be served,
shall have safe ingress and egress and shall have a minimum of 100
feet of frontage on a public road. Land set aside for active recreational
facilities shall be located within 2,000 feet of all inhabitants of
the proposed development with no major physical impediments or barriers
to cross.
(2)
The recreation open space provided shall have suitable topography
and soil conditions for use as a recreation area. At least 1/2 of
any land proposed as open space shall be above the one-hundred-year-flood
elevation. No area to be dedicated shall be comprised of wetlands.
(3)
At least 1/2 of the area to be dedicated shall have slopes less
than 10% which are suitable for active and passive recreation. Slopes
greater than 10% shall be accepted for passive recreation only.
(4)
The size, shape and location of the recreation open space provided
shall be suitable for development as a park or parklet. No single
side of a property with a rectangular configuration shall amount to
more than 40% of the perimeter of the entire tract provided for recreational
purposes.
(5)
The recreation open space shall be easily accessible to essential
utilities, including power, water, sewerage and telephone. If any
of these facilities are placed underground, no part of them or their
supportive equipment shall protrude above ground level, except as
may be authorized by Borough Council after a determination that there
will be no adverse impact on the health, safety or welfare of the
general public.
(6)
The finished grade of the recreation open space provided shall
have a slope of 3% or less.
(7)
Recreation open space dedicated to the Borough in each subdivision
and land development shall be contiguous in order to avoid small,
remote or unusable areas of recreation open space. Borough Council
may waive, at its sole discretion, this contiguous acreage requirement.
D.
Fees in lieu of mandatory dedication.
(1)
Where the applicant or developer elects not to offer to dedicate
recreation open space or Borough Council determines, after review,
that as a result of size, shape, location, topography or other physical
features of the recreation open space offered for dedication the setting
aside of land for recreation open space as required by this section
is impractical, not feasible or inconsistent with the goals of the
Borough Comprehensive Recreation, Park, and Open Space Plan, the applicant
or developer shall be required to pay a fee in lieu of dedication
in order to finance the provision by the Borough of recreation open
space and facilities for use by future inhabitants of the subdivision
or land development.
(2)
Standards for determining fair market value (FMV):
(a) Where a fee contribution is made in lieu of required
land dedication, the value or amount of such contributions shall be
based upon "fair market value" (FMV) of an acre of predevelopment
land within the Borough at the time of the filing of the final plan
with the Borough or the first final plan phase of a subdivision or
land development plan consisting of multiple phases. Beginning in
2015, the FMV shall be set at $65,000 per acre. This amount shall
be annually increased or decreased by the Consumer Price Index or
by an average of recent predevelopment sales within the Borough, and
the resulting FMV shall be included in the Borough's fee schedule,
as adopted and amended by Council from time to time by resolution.
(b) If a subdivision and land development is planned
in development phases over multiple years as permitted by this chapter,
the approved FMV for a predevelopment acre shall be adjusted with
each phased final plan submission to keep current with actual land
value within the Borough.
(3)
Determining the amount of fee in lieu of land dedication.
(a) Residential. The amount of fee to be paid in lieu
of dedication of land for recreation open space shall be based on
the formula ("N" x 0.056) x FMV = Total Fee, where "N" equals the
number of dwelling units in the residential plan or phase, 0.056 represents
the minimum number of acres of public recreation open space that an
applicant must provide per § 184-904B(4), and where "FMV"
is determined in § 184-904D(2)(a).
|
Examples:
|
---|
|
Single-family residential development with 35 homes on 35 lots:
35 x 0.056 x $65,000 = $127,400 ($3,640 per dwelling unit)
|
---|
|
Multifamily residential development with 100 dwelling units:
100 x 0.056 x $65,000 = $364,000 ($3,640 per dwelling unit)
|
(b) Nonresidential. The amount of fee to be paid in
lieu of dedication of land for recreation open space shall be $1.20
multiplied by the total square feet of gross nonresidential building
area rounded to the nearest square foot.
|
Example:
|
|
Nonresidential building with 1,000 square foot basement, 1,000
square foot first floor, and 500 square foot second floor: $1.20 x
(1,000 + 1,000 + 500) = $3,000 total feet
|
(c) Mixed-use. In mixed development projects involving
any combination of single-family, multifamily and/or nonresidential
developments, the applicant shall calculate the recreation open space
requirements for the residential portion first and then calculate
the fee for the nonresidential development. The total fee shall be
a combination of the residential fee and the nonresidential fee.
(4)
The fee authorized by this section shall be payable at the time
of application for a building permit and, upon receipt by the Borough,
shall be deposited in the Borough Recreation Capital Reserve Fund
under an interest-bearing account. All fees collected shall be clearly
identified as to the plan from which they were collected and the specific
recreational purpose accessible to the future inhabitants of the plan
for which they are intended to be expended. Interest earned on such
accounts shall become funds of that account. Funds from such accounts
shall be expended only in properly allocable portions of the cost
incurred for providing, acquiring, operating or maintaining park or
recreational facilities. The Borough Manager shall maintain such financial
records for the Recreation Capital Reserve Fund to show the source
and disbursement of all revenues and ensure that moneys are expended
in accordance with the requirements of Section 503(11) of the Pennsylvania
Municipalities Planning Code.
(5)
The fees in lieu of the provision of recreation open space shall
be used, unless the person paying such fee shall agree otherwise,
only for the purpose of providing, acquiring, operating or maintaining
park and recreational facilities accessible to the subdivision or
land development for which such fees are paid. Upon request of any
person who paid any fee under this section, the Borough shall refund
such fee, plus interest accumulated thereon from the date of payment,
if the Borough has used the fee paid for a purpose other than the
purposes set forth in Section 503(11) of the Pennsylvania Municipalities
Planning Code.
Subdivisions containing a minimum of 50 lots, multidevelopments
containing 75 or more dwelling units, and land developments containing
50,000 square feet or more of gross floor area shall require the submission
of a transportation impact study (TIS) in accordance with the requirements
of this section. In addition, all subdivisions and land developments,
regardless of size, that are located on an arterial road shall require
the submission of a TIS. It is recommended that the developer discuss
the TIS as part of the presubmission application process outlined
in this chapter. The Borough may require submission of a modified
study containing parts of the following requirements for any proposed
development not meeting the above thresholds.
A. The TIS shall be prepared by a certified professional engineer, experienced
in traffic engineering studies, licensed in the Commonwealth of Pennsylvania.
All costs of the TIS shall be borne by the property owner or applicant.
B. Applicability. The TIS may be used for the following:
(1)
To assist the Borough and the applicant in understanding the
traffic-related impacts at the site ingress, egress and general circulation
on the study area and to thus minimize those impacts through efficient
site-level design of such circulation;
(2)
To consider any alternate or additional ingress or egress and
general circulation patterns as conditions of approval based on the
TIS; and
(3)
To consider impacts along the perimeter and intersections to
assist the Borough in future transportation planning and capital planning
requirements.
C.
The Borough shall not use the TIS to require transportation
improvements which are not on or adjacent to the proposed site. Such
requirements, as governed by Article V-A of the MPC, are distinct and separate from the applicability and intent
of the requirements of this section.
D.
TIS elements: The applicant shall submit a detailed description
of the highway network and major intersections within 1/2 mile of
the site. Said network may be limited to primary and secondary arterials
and collector streets and shall include the following conditions both
on the site and within such radius. Both existing and applicable projections
shall be shown for each of the following:
(1)
Trips generated by the proposed development at all peak hours
(weekday, morning and evening peak hours and one Saturday peak hour)
during which the proposed use would be in operation.
(2)
Description of the existing traffic conditions and volumes (weekday,
morning and evening peak hours and one Saturday peak hour) during
which the proposed use would be in operation.
(3)
Traffic signals and signage and other traffic-control devices.
(4)
Public transportation services.
(5)
Rights-of-way and driveway widths, including cartway and shoulder
widths, vertical grades, horizontal curvatures, obstructions, sight
distance, posted speed limits, signage or other notable features.
(6)
Ingress and egress traffic movement on the site.
(7)
Changes to the highway network.
(8)
Determination of street service level.
(9)
Determination of intersection service levels for intersection(s)
generating more than 100 trips in any peak hour.
(10)
Traffic accident history and location of accidents for five
years preceding application date.
(11)
Proposed and existing pedestrian circulation.
(12)
Traffic improvements, planned or recommended (e.g., additional
traffic lanes, traffic signals, traffic signage, etc.).
(13)
The anticipated stages of construction and the anticipated completion
date of the proposed subdivision or land development.
E.
TIS standards. The TIS shall adhere to the following standards:
(1)
Estimation of trip generation. Trip generation per § 184-906D(1)
shall be estimated using any one of the following three methods: analogy,
trip distribution model or surrogate data. Whatever method is used,
trip distribution shall be estimated and analyzed for the horizon
year and a ten-year projection (both with and without development).
Consideration should be given to whether inbound and outbound trips
will have similar distribution.
(2)
Transportation impact of the developments using ratios and methodology
contained in the current edition of the Manual of the Institute of
Traffic Engineers.
(3)
Levels of service as used in § 184-906D(8) and (9)
shall be defined using a method similar to those described in the
current Highway Capacity Manual.
(4)
Estimates and projections of street service level, trip generation,
etc., shall conform to the estimated dates of major phases in the
construction of the proposed plan.
(5)
All applicable elements mentioned in § 184-906D shall
be denoted on a map which shall conform to the applicable drafting
standards of Article 500 of this chapter.
[Amended 11-20-2013 by Ord. No. 607-2013]
F.
Additional requirements.
(1)
The TIS shall be submitted with the application and reviewed
by the Borough Engineer or his designee. All costs of this review
shall be invoiced to the applicant per standards contained in the
MPC. A copy should also be forwarded to the Pennsylvania Department
of Transportation if streets under its jurisdiction are in the study
area and to the Allegheny County Planning Department if streets under
the jurisdiction of the county are in the study area.
(2)
The Borough may require further details for areas of special
concern within a one-mile radius of the site for very large developments.
Said areas may include those identified in the Comprehensive Plan
in need of improvement or having identified traffic problems.
[Amended 11-20-2013 by Ord. No. 607-2013]
The developer shall determine the presence of environmental
or natural features on the site and shall meet the following standards
of environmental protection. Site alterations, regrading, filling
or clearing of vegetation prior to submission of plans for development
in accordance with the requirements of this chapter are prohibited.
A.
Floodplains. All such lands are identified on maps issued from time to time by the NFIA of the United States Department of Housing and Urban Development. Section 212-1503 of Chapter
212, Zoning, specifies floodplain management regulations which must be met in the design of any subdivision or land development.
B.
Steep slopes.
(1)
Areas of steep slope within proposed subdivisions and land developments
require the submission of a slope stability study, as detailed in
§ 184-910B(2). In areas of slopes (i.e., those over 8%),
the following standards shall apply:
(a) Slopes of 8% to 15%. No more than 60% of such areas
shall be developed and/or regraded or stripped of vegetation unless
a soils engineer certifies to the stability of the soils and slope.
When a soils engineer has certified the stability of the soils and
slopes, the percentage of disturbance may be increased to 75%.
(b) Slopes of 15% to 25%. No more than 40% of such
areas shall be developed and/or regraded or stripped of vegetation
unless a soils engineer certifies to the stability of the soils and
slope. When a soils engineer has certified the stability of the soils
and slopes, the percentage of disturbance may be increased to 55%.
(c) Slopes of 25% or greater. No more than 20% of such
areas shall be developed and/or regraded or stripped of vegetation
unless a soils engineer certifies to the stability of the soils and
slope. When a soils engineer has certified the stability of the soils
and slopes, the percentage of disturbance may be increased to 35%.
(d) Slopes in excess of 40% shall not be disturbed.
(e) Man-made fill slopes may be disturbed and adjusted
to reduce the degree of the slope or to further cut and comply with
the requirements of this section.
(2)
Slope stability study.
(a) No alteration, disturbance or construction of any
type shall be approved or initiated and no application for final approval
shall be approved for sites having any portion of their area proposed
within 50 feet of any steep slope until the provisions of this section
and any other applicable federal, state, county or Borough regulations
have been satisfied.
(b) No final approval of the application for final
development shall be given until all required state and county sedimentation
and erosion control permits have been issued and submitted to the
Borough.
(c) The developer shall clearly delineate all steep
slope area(s) on certified survey maps submitted with all applications
for development.
(d) No building sites shall be designated or improved
in steep slope areas except as permitted by this chapter.
(e) When development activity is proposed, a geotechnical
investigation and report shall be required to assess the short- and
long-term stability of the site and the possible effects on neighboring
properties of developing the proposed site in the proposed manner.
These areas and the proposed development shall be investigated and
documented in a statement by a registered professional engineer prior
to final approval. This slope investigation shall determine the engineering
characteristics and physical properties of the slopes, soil deposits
and underlying rock strata which are proposed for use in structural
foundations. Materials used for earthwork construction shall be similarly
evaluated.
(f) A slope and soil stability study prepared by or
under the direction of a professional engineer experienced in soil
and foundation engineering shall be submitted for such sites where
special soil or water conditions are deemed by the Borough Engineer
to be potentially hazardous. The required soils report must be prepared
in accordance with this chapter and other applicable state or county
regulations. The site geotechnical investigation shall include, but
not be limited to, the following detailed factual information, analysis
and recommendations:
[1] Surface features: surface contours, old construction
rock outcrops (if any), watercourses, ditches, ponds, wooded areas,
filled-in areas, and old slide areas.
[2] Hydrologic features: the presence of seepage zones,
depth to groundwater, and the possible fluctuations with the seasons.
[3] Subsurface features:
[a] A plotted, horizontal and vertical record of the
stratification of the soil and rock deposits.
[b] Information on the relative density of granular
soils in the different strata and on the consistency of cohesive soils.
[c] Information on subsurface geologic features and
past mining activity, including depth of overburden.
[4] Exploration methods. Physical explorations can
be carried out by several methods. Field explorations should follow
the applicable standards or the procedures and practices recommended
by the American Society for Testing and Materials (ASTM). It is generally
sufficient to secure soil samples at intervals of five feet in depth
or at changes in the material. The intervals should be determined
by such conditions as the soils encountered and/or the type of structure
to be constructed.
[5] The spacing and depths of borings should also be
based on site conditions and proposed construction. Maximum spacing
between borings should not exceed 250 feet to 300 feet. One boring
for every 6,000 square feet to 10,000 square feet of building area
is the minimum for a four-story or greater structure, and a minimum
of one boring per structure is recommended for single-family residences.
[6] Groundwater measurements. Information is required
on groundwater elevations, including depth of permanent and perched
water tables. Water levels should be determined on completing the
boring and again approximately 24 hours later.
[7] Classifications and descriptions. Direct observation
of soils samples from various depths and locations will be required
for correlation with the known geology of the area. Classification
and description of soils will be done by the Unified Classification
System (ASTM Specification D2487) and by the Visual Manual Identification
Procedure (ASTM Specification D2488).
[8] Laboratory testing. The laboratory testing program
should be dependent upon the characteristics of the soils and the
anticipated geotechnical problems analysis.
[9] The recommendations of all such investigations
and reports of steep slopes and other identified soil or water condition
hazards shall be reviewed by the Borough Engineer. Incorporation of
said recommendations may be required as conditions for preliminary
approval and/or final approval.
[10] All public and private roads, bridges, utilities
and other facilities shall be located, designed and constructed to
avoid steep slope areas or to withstand any anticipated soil or rock
movement.
[11] Road and utility alignments and grades shall minimize
cuts and fills.
[12] Hazardous slope conditions that may be present
on a site must be corrected prior to completion of the development.
[14] General. The setbacks and other restrictions specified
by this section are minimum and may be increased by the Borough by
the recommendation of a civil engineer, geotechnical engineer, or
engineering geologist with the approval of the Borough Engineer if
necessary for safety and stability or to prevent damage of abutting
properties from sedimentation or erosion or to provide access for
slope maintenance and drainage. Retaining walls may be used to reduce
the required setbacks when approved by the Borough Engineer.
[15] Setbacks from property lines. The tops of cuts
and toes of fill slopes shall be set back from the outer boundaries
of the area to be disturbed, including slope return areas and easements.
(g) Drainage and terracing.
[1] Drainage facilities and terracing shall conform to the provisions of DEP regulations and the Stormwater Management Ordinance in Chapter
178 of the Franklin Park Borough Code.
[2] Subsurface drainage. Cut-and-fill slopes shall
be provided with subsurface drainage necessary for stability. All
runoff calculations shall be provided for review by the Borough Engineer.
[3] Disposal. All drainage facilities shall be designed
to carry waters to the nearest practicable drainageway approved by
the Borough Engineer and/or other appropriate jurisdiction as a safe
place to deposit such waters. Erosion of ground in the area of discharge
shall be prevented by installation of silting basin, energy dissipators
or other approved devices at the outfall of storm pipes.
(h) Erosion control.
[1] Slopes. The faces of cut-and-fill slopes shall
be prepared and maintained to control against erosion. All such slopes
shall be protected in compliance with the Allegheny County Conservation
District regulations.
[2] Temporary erosion control devices or methods shall
be employed prior to and during site construction.
[3] Permanent erosion control procedures or devices
shall be established and approved prior to the release of any guarantees
or securities.
(i) Sanitary regulations.
[1] On-site soil absorption and sewage disposal systems
or any part thereof shall be prohibited in steep slope areas, as regulated
by the DEP.
[2] On-site soil absorption and sewage disposal systems
(septic tanks, absorption fields, and seepage beds and pits) shall
require permit approvals before any part of any such system shall
be installed within 50 feet of steep slope areas. The application
shall include a map delineating the topography and the boundaries
of regulated slopes and shall be in conformance with all DEP and county
regulations.
(j) Vegetation. All existing vegetation on steep slopes
shall be preserved in its natural condition. Where slope alteration
necessitates disturbance of existing vegetation, both temporary and
long-term vegetation shall be established within 60 days of the initial
disturbance. The Borough Engineer may extend this time limit at the
request of the developer on the recommendation of the Borough Engineer
if such extension shall not contribute to increased potential for
landslide activity, erosion or low-side sedimentation or sediment
pollution to a waterway.
(k) Administration and inspection.
[1] Operations or activities that increase loads, reduce
slope support or otherwise cause instability are prohibited in these
areas.
[2] The licensed professional engineer who prepared
the soils geotechnical report shall review the preliminary and final
development plan for compliance with recommendations expressed in
the report.
[3] Inspections shall be performed at critical stages
of the work. Such inspections shall be at the expense of the developer.
The owner must notify the Borough of the need for inspection at each
of the following stages:
[a] Initial inspection: when work is ready to begin,
but before any grading or brush removal is started.
[b] Toe inspection: after the natural ground is exposed
and prepared to receive fill, but before any fill is placed.
[c] Excavation inspection: after the excavation is
started, but before the vertical depth of the excavation exceeds 10
feet.
[d] Fill inspection: after the fill emplacement is
started, but before the vertical height of the lifts exceeds 10 feet.
Structural fills shall be inspected more regularly by the on-site
inspector according to a schedule determined by the Borough Engineer.
[e] Drainage device inspection: after forms and pipes
are in place, but before any concrete is poured.
[f] Rough grading: when all rough grading has been
completed. This inspection may be called for at the completion of
the rough grading.
[g] Final: when all work has been completed, including
installation of all drainage structures and other protective devices,
and the grading plan and required reports have been submitted.
(3)
Certified record drawings or as-built drawings showing all completed
work, including the topography, and all structures and improvements
within 100 feet of the steep slopes shall be provided to the Borough
prior to the issuance of any occupancy permits and prior to the release
of all guarantees and securities of the developer by the Borough.
Said drawings must consist of two sets of reproducible plans labeled
as "Record Plans." Said drawings must be submitted in a digital format
such that they may be directly imported into the Borough's geographical
information system in a manner consistent with the standard specified
by the Zoning Officer.
C.
Grading. All grading shall be performed in accordance with the requirements of the Franklin Park Grading Ordinance (Chapter
124).
In all cases, the standards of § 212-1503 of Chapter
212, Zoning, shall apply to subdivision and land developments.