A.
The following standards, land development principles and requirements
shall be applied by the Borough Council in evaluating all submitted
plans for proposed subdivisions and land developments.
B.
The standards and requirements outlined in this article shall be
considered minimum standards and requirements for the promotion of
the public health, safety, morals and general welfare.
C.
Whenever federal, state or other local regulations impose more restrictive
standards and requirements than those outlined in this article, such
other regulations shall control.
D.
Any public improvement or related items not specifically addressed
in this chapter shall be governed by the then-current specifications
and standards of the Pennsylvania Department of Transportation.
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.
A.
In reviewing subdivision or land development plans, the Borough may
refer such plans to the Borough Engineer, Allegheny County Department
of Economic Development, and such other agencies as may be appropriate
for recommendations concerning the adequacy of existing and proposed
community facilities to serve the additional users proposed by the
subdivision or land development.
B.
The subdivider, developer or builder shall, where specified by the
Borough Council, construct and install at no expense to the Borough
the streets, curbs, sidewalks, water mains, sanitary and storm sewers,
streetlights, signs, shade trees, fire hydrants, monuments, lot pins,
surface water detention areas, ground cover, utilities and other items
specified in this chapter. The construction and installation of such
facilities and utilities shall be subject to inspection by appropriate
Borough officials during the progress of the work.
C.
Areas provided or reserved for community facilities shall be adequate
to provide for building sites, landscaping, off-street parking or
other uses as appropriate to the use proposed. The Borough Council
reserves the right to accept or refuse offers of dedication for public
use.
D.
Applicants are requested to give careful consideration to the desirability
of providing adequate rights-of-way and paving on existing streets
and reserving areas and easements for facilities normally required
in residential areas, including private recreation and sanitary sewer
facilities in those areas that cannot be immediately joined to the
existing stormwater, water and sanitary sewer systems of the Borough.
E.
In developments where it is impractical to reserve areas for
community facilities, the applicant should consider other ways of
improving community facilities within the Borough and should submit
such plans, in writing, to the Borough Council.
F.
Land proposed to be reserved for public recreation and open
space shall meet the standards of § 184-904 below.
[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.
(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.
(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.[2]
[2]
Editor's Note: See 53 P.S. § 10705(f).
(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.[3]
[3]
Editor's Note: See 53 P.S. § 10503(11).
(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.
A.
General requirements. All streets shall comply with the standards specified in Subsection D below. All new and widened portions of existing rights-of-way intended for public use shall be dedicated to the Borough, and such dedication shall include a declaration that the dedication imposes no responsibility upon the Borough for acceptance of the dedication or for the improvement or maintenance of any dedicated facility until the dedication is accepted by ordinance. A similar offer of dedication shall be placed on the recorded plan for all county and commonwealth roads. All dedications are subject to final acceptance by Borough Council based on compliance with § 184-701F(1) and the following requirements:
(1)
The proposed street pattern shall be related to existing streets
and to such county and commonwealth road plans as have been duly adopted.
(2)
Streets shall be arranged in a manner to meet with the approval
of the Borough Council, considered in relation to both existing and
planned streets, and located so as to allow proper development of
surrounding properties. Secondary and through streets shall be connected
with such existing streets and highways to form continuations thereof.
Residential streets shall be laid out to discourage their use as secondary
or through highways. A lot or portion of a lot located in one zoning
district shall not be used as a driveway or private street to access
an adjacent lot or portion of a lot in another zoning district if
the use is not permitted as of right or as a conditional use in the
zoning district in which the proposed driveway or private street will
be located.
[Amended 12-20-2017 by Ord. No. 639-2017]
(3)
Streets shall be adjusted to the contour of the land so as to
produce usable lots and streets of reasonable grade, alignment and
drainage.
(5)
Access shall be given to all lots and portions of the tract
in the subdivision and to adjacent unsubdivided territory by streets.
Streets giving such access shall be improved to the limits of the
subdivision. Remnants, reserve strips and landlocked areas shall not
be created.
(6)
New streets shall be laid out to continue existing streets at
the existing right-of-way and cartway width or the minimum standards
of the chapter, whichever is greatest.
(7)
Dead-end streets are prohibited, unless designed as a cul-de-sac
or designed as a stub street with a temporary turnaround for access
exclusively to neighboring tracts, with no more than two lots taking
access thereto.
(8)
Continuations of existing streets shall be known by the same
name. Names for new streets shall not duplicate or closely resemble
names of existing streets in the Borough or zip code area serving
the Borough. All street names shall be approved by the Borough Council
and coordinated by the developer with the post office.
(10)
No building, structure, fence, wall or other obstruction shall
be located within the ultimate right-of-way of a street, except as
allowed by the Borough Council.
(11)
The dedication of half streets at the edges of a new subdivision
is prohibited. If a half street already exists at the perimeter of
an adjoining subdivision, the remaining half shall be provided by
the proposed development, if in the opinion of the Borough Council
the need is warranted.
(12)
Where permitted by the Borough Council, private streets shall
comply with the same design standards for public streets as prescribed
in this chapter. Where a street not offered for dedication to public
use is permitted, the Borough Council shall require the applicant
to submit and record with the plan a copy of the agreement made with
the Borough on his behalf and that of his heirs and assigns. The agreement
must be signed by the Borough Solicitor as well as the Borough Council
and must establish conditions under which a street may be later offered
for dedication. The agreement shall stipulate that:
(a)
The street shall conform to Borough standards as
prescribed by this chapter, or the owners shall include with the offer
of dedication sufficient money, as estimated by the Borough Engineer,
to restore the street to comply with Borough standards. The applicant
may propose a reduction of Borough standards for private streets serving
three lots or less, subject to the review and recommendation of the
Borough Engineer.
(b)
The offer to dedicate the street shall be made
only for the street as a whole.
(13)
Access. Streets or driveways providing access to subdivision
or land development plans shall comply with the following:
[Amended 12-20-2017 by Ord. No. 639-2017]
(a)
Plans with 26 or fewer dwelling units shall have
a minimum of one access to a public street.
(b)
Plans with 27 to 40 dwelling units shall have a
minimum of one access to a public street and one emergency access.
(c)
Plans with more than 40 dwelling units shall have
a minimum of two access points to a public street.
(d)
The calculation of dwelling units shall include
all existing and planned dwellings using the same access to an arterial
street, collector street, or minor through street. New plans extending
existing streets shall include existing dwellings in the calculation
of dwelling units.
B.
Street classifications. The street classifications listed in Subsection B(1) through (3) are to be used for all planned subdivisions. Existing streets have been classified as arterials, collectors or minors. (See Article 200 of Chapter 212, Zoning, for the specific definition of each classification.) New streets shall be classified according to their function as follows:
(1)
Arterial street: a major street serving as a principal or heavy
traffic street of considerable continuity and used primarily as a
traffic artery for intercommunications between large areas. This definition
specifically includes Big Sewickley Creek Road, Ingomar Heights Road,
Rochester Road, Brandt School Road, Reis Run Road, Nicholson Road,
and Bayne-Wexford Road/Wexford-Bayne Road.
[Amended 11-20-2013 by Ord. No. 607-2013]
(2)
Collector street: a street which carries traffic from minor
streets to arterial or major streets, including the principal entrance
streets of a development and the streets for circulation within such
a development. This definition specifically includes McDevitt Road,
Magee Road Extension, West Ingomar Road, Locust Road, Cole Road, Wexford
Run Road, McAleer Road and Pine Creek Road.
(3)
Minor street: a street predominantly serving as an access street
to a particular lot or serving another minor function as subclassified
below:
(a)
Residential streets. Residential streets shall
be those streets which are used to provide access to properties and
connect with other residential streets and/or streets of a higher
classification.
(b)
Marginal access streets. Marginal access streets
are streets which are parallel and adjacent to an arterial street
and which provide access to abutting properties and separation from
through traffic. They serve to reduce the number of access points
which intersect the larger road, thereby increasing the efficiency
and safety of traffic flow along the major road while providing access
to abutting development.
[1]
The Borough Council reserves the right to require
marginal access streets along any street where local vehicular access
to individual lots would create congestion and/or hazards to traffic
flow and safety by reason of street grades, land forms, vegetation,
frequency of driveway intersections, limited sight distances, heavy
traffic volumes and/or high-speed traffic flows.
[2]
The location of a marginal access street shall
be essentially parallel and adjacent to the street along whose margin
it is located.
[3]
The right-of-way for this type of street shall
abut and be measured from the ultimate right-of-way of the parallel
street.
[4]
When forming a necessary leg of another classification
of street, a street shall be governed by the regulations of the higher
street classification.
[5]
A landscaped barrier island, at least 20 feet wide,
shall physically separate the cartways of the marginal access street
and the parallel street.
[6]
Sidewalks, when required, shall be located on the
outermost portion of the marginal access street right-of-way abutting
the building lots.
[7]
Marginal access streets shall be constructed to
the standards of minor streets.
(4)
Where the classification of a new street is in question, the
classification shall be determined on the basis of traffic load, using
a factor of 10 trips per day per lot served. Based on this factor,
average daily traffic (ADT) of 3,000 or more shall classify a street
as arterial; ADT from 800 to 3,000 shall classify a street as collector;
and ADT of less than 800 shall classify a street as minor.
C.
Other streets. Other
streets are subclassifications of minor streets. Because of their
uniqueness and abundance, they are discussed in greater detail in
this subsection.
(1)
Private streets may be permitted to serve the function of collector
and minor streets, when approved by the Borough Council upon recommendation
of the Planning Commission. Private streets are generally intended
to be used as permanent cul-de-sac streets rather than as through
streets connecting two public streets. Private streets shall comply
with the following:
(a)
Private streets shall be constructed with a right-of-way
of 50 feet when serving one or two dwelling units. When serving more
than two dwelling units, private streets shall be constructed to the
same standards and shall be subject to the same restrictions as public
streets.
(b)
The Borough shall have no maintenance obligation
for approved private streets. The maintenance of such private streets
shall be the full and sole responsibility of the owner, association
or the legally binding organization of landowners with access rights,
subject to the criteria below:
[1]
An association or other legally binding organization
of landowners with access rights on the private street shall be formed
and administered for the purpose of maintenance of the private street.
[2]
All property owners in such an association shall
have an equal share in the rights and bear an equal share of the costs
of maintaining the private streets.
[3]
Documents governing such association shall be filed
with the Borough Council upon the recommendation of the Borough Solicitor,
who shall have authority for the approval of such association.
[4]
All properties depending on a private street for
access shall be guaranteed an irrevocable right to that access under
the terms of a right-of-way, access easement or other legal covenant.
Such access right shall be clearly noted on the subdivision and/or
land development plans which create a private street, shall be included
in deeds for all properties with access rights and shall be recorded
in the Office of Real Estate of Allegheny County.
[5]
Documents governing maintenance associations for
private streets shall be recorded with each deed for properties with
access rights.
[6]
Provision shall be made for the private streets
for emergency vehicles only as approved and seen necessary by Borough
officials.
(c)
Whenever a subdivider proposes to establish a street
which is not offered for dedication to public use, the Borough Council
may require the subdivider to submit and also to record with the plan
a copy of an agreement made with the Borough Council on behalf of
his/her heirs, successors and assigns. The agreement shall establish
the conditions under which the street may later be offered for dedication
and should stipulate but not be limited to the following:
[1]
The street shall conform to municipal specifications, or the owners of the private street shall include sufficient funds with the offer of dedication to restore the street to conformance with municipal specifications. The street will be classified as described in Subsection B above for these purposes.
[2]
An offer to dedicate the street shall be made only
for the street as a whole.
[3]
Agreement by the owners of 51% of the front footage
shall be binding on the owners of the remaining lots. Such condition
shall be noted in the deeds for these properties.
(2)
Single-access streets. Any street which is served by only one
intersection with a through street shall be considered a single-access
street, regardless of the street's configuration within the proposed
subdivision or land development. Included in this classification of
streets are permanent or temporary cul-de-sac streets, multiple cul-de-sac
streets and stub streets. Single-access streets shall be subject to
the requirements for the appropriate classification of street notwithstanding
their single-access status.
(a)
Permanent cul-de-sac streets:
[1]
Shall be streets with one end open for vehicular
access and the other end terminating in a vehicular turnaround.
[2]
Shall be provided with a vehicular turnaround at
the closed end with a right-of-way radius of at least 50 feet and
a paving radius of at least 40 feet.
[3]
Shall not exceed 500 feet in length for nonresidential
uses. Measurement of the length shall be made from the right-of-way
line of the through street to the most distant point on the right-of-way
of the turnaround, measured along the cul-de-sac center line. For
residential uses, permanent cul-de-sac streets shall not serve more
than 26 dwelling units unless approved by Borough Council as a modification
to this chapter. Special conditions justifying the granting of a modification
to the length of cul-de-sac requirement may include but need not be
limited to extreme topographical restrictions (slopes, floodplain,
etc.), oddly shaped tract configurations and lack of alternative outlets
because of surrounding developed conditions. In no instance shall
Council grant a modification that would allow a cul-de-sac to exceed
1,000 feet.
[4]
Shall be constructed to the same standards as minor
streets.
[5]
Shall not be approved as part of a four-way intersection
or as a continuation of a through road unless special conditions warrant
approval of either of the above by the Borough Council.
[6]
The Borough Council may consider central landscaped
islands within culs-de-sac. In such instances, the paved roadway around
the island shall not have a pavement width of less than 24 feet. This
can be increased or decreased in specific cases for the public interest
at the discretion of the Council upon review and recommendation of
the Borough Engineer.
(b)
Temporary cul-de-sac streets:
[1]
May be temporarily closed at one end, with the
intent to extend the street onto the abutting tract upon its development.
[2]
Shall be built to the tract boundary line at a
location and grade that are logical for extension onto the abutting
tract but shall not exceed 500 feet in length for nonresidential uses
or 26 dwelling units for residential uses, unless approved by the
Borough Council when warranted by special conditions.
[3]
Shall not be extended as a cul-de-sac street but
shall be connected to another through street, unless approved by the
Borough Council when warranted by special conditions.
[4]
Shall form a logical step in the circulation pattern.
[5]
Shall be provided with a vehicular turnaround at
the closed end, abutting the tract boundary, with a paving radius
of at least 40 feet, or hammerhead, as approved by Borough Council.
Construction shall meet the same requirements as for a permanent cul-de-sac
turnaround. Those portions of the turnaround extending beyond the
street right-of-way shall be located on temporary access easements,
valid only until the road is extended. Upon the extension of the street,
the full rights and responsibilities for the area of the temporary
easements shall revert to the owner of the lots on which they were
located.
[6]
The developer responsible for the extension of
the street shall also be responsible for the following:
[a]
Removal of all curbing construction of the temporary
turnaround beyond the width of the street's paving.
[b]
Installation of new construction to complete the
street connection as required.
[c]
Extension of utilities as necessary.
[d]
Repair of any improvements damaged in this process.
[e]
Grading, installation and/or restoration of lawn
areas where affected by this removal and construction process.
(c)
Multiple cul-de-sac streets:
[1]
Shall be single-access streets which terminate
in more than one vehicular turnaround.
[2]
May be permitted where the length of each individual
cul-de-sac is less than 1,200 feet.
[3]
May be permitted to exceed either or both of the
limits of 1,200 feet when approved by the Borough Council if warranted
by special conditions, such as steep topography or land configuration,
or when qualified as a temporary cul-de-sac.
[4]
Shall be served by an appropriately located emergency
accessway when required by the Council.
[5]
Shall be constructed to the same requirements as
a permanent cul-de-sac [§ 184-905C(2)(a)].
(d)
Stub streets:
[1]
Shall be provided in appropriate locations for
vehicular access to abutting undeveloped lands when requested by the
Borough Council upon the recommendation of the Planning Commission
and Borough Engineer.
[2]
Shall not be provided with a vehicular turnaround.
[3]
Shall be constructed to the property line in accordance
with the standards of this chapter applicable to the classification
of street it will be upon extension.
[4]
Shall serve no more than two lots when used as
a dead-end street. The developer shall pave access to the two lots
from a higher road classification according to the standards set forth
in this chapter.
[5]
Any new lots created by extending a stub street
must front on a fifty-foot right-of-way. The developer shall pave
the distance of one minimum lot width for the applicable zoning district
and make arrangements to extend the pavement to additional lots should
a stub street be extended to a higher road classification, as described
in this chapter.
(3)
Alleys.
(a)
Alleys are not permitted in residential developments,
except for instances where they are logical extensions of existing
alleys.
(b)
Alleys, where permitted, are bound by the standards
set forth in this subsection.
(c)
Alleys shall be provided in commercial and industrial
districts, except that the Borough Council may waive this requirement
where other definite and assured provision is made for service access,
such as off-street loading, unloading and parking consistent with
and adequate for the uses proposed.
(d)
The width of alley paving shall not be less than
16 feet.
(e)
Alley intersections and sharp changes in alignment
shall be avoided, but, if necessary, corners shall be cut off sufficiently
to permit safe vehicular movement.
(f)
Dead-end alleys shall be avoided where possible
but, if unavoidable, shall be provided with adequate turnaround facilities
at the dead end, as determined by the Borough Council.
(g)
The right-of-way shall be 25 feet.
(h)
Alleys do not require curbs, sidewalks and shoulders.
D.
Street standards.
(1)
The following table[2] and Subsection D(2) present the minimum standards for all streets defined in Subsection B(1) through (3). These standards shall apply to new streets and the renovation of existing streets controlled by the Borough.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
Ultimate right-of-way. Ultimate right-of-way widths are either
existing, proposed or expanded from existing rights-of-way, depending
on the ultimate classification of a street as determined by the Borough
Council. The following shall apply to ultimate rights-of-way:
(a)
No fences, walls or other obstruction shall be
constructed within a street right-of-way, except retaining walls where
necessitated by road widening and constructed by the governmental
agency having jurisdiction over the road.
(c)
Additional rights-of-way and/or paving widths may
be required by the Borough where it is necessary for public safety
and convenience to install traffic control facilities or turning lanes
and where old roads do not provide the proper width and additional
dedication is necessary.
(d)
The area between the existing right-of-way line
and the ultimate right-of-way line shall be dedicated to the authority
having jurisdiction over any public streets which abut or pass through
any subdivision or land development proposed within the Borough.
(3)
Pavement.
(a)
Paving widths shall be as defined in Subsection D(1) unless otherwise noted in this chapter.
[1]
The Borough Council may require paving widths in excess of the standards in Subsection D(1) for special situations, including the following:
[2]
Reductions to the paving requirement may be approved
by the Borough Council in instances where parking, turning, safety
and convenience considerations have been adequately met.
(b)
Road paving standards. All drawings shall be submitted
on sheets stamped by a registered engineer for consideration. Rigid
pavements are acceptable substitutes for flexible pavements on minor
and collector streets. Such substitute pavement must be approved by
the Borough Engineer and the Borough Council. All roads using flexible
paving shall be constructed as specified in Appendix D and Appendix
F, pages FP-9 through FP-11.[3]
[1]
Base course/pavement design. Two pavement designs
are specified for Franklin Park Borough streets: one for minor streets
and one for collector streets. All streets within the Borough shall
be constructed to a total subbase-to-wearing-course thickness of 13
inches.
[Amended 11-20-2013 by Ord. No. 607-2013]
[a]
Minor streets [average daily traffic (ADT) less
than 800]. Minor streets shall consist of a ten-inch aggregate base,
a two-inch ID-2 binder course and a one-inch ID-2 wearing course.
Minor streets shall be constructed as specified in Appendix D and
as shown on the drawing on page F-10.
[b]
Collector streets (ADT from 800 to 3,000). Collector
streets shall consist of an eight-inch aggregate base, a three-inch
ID-2 binder course and a two-inch ID-2 wearing course. Collector streets
shall be constructed as specified in Appendix D and as shown on the
drawing on page F-11.[4]
[4]
Editor's Note: Said appendixes are on file in the Borough
offices.
[2]
Pavement restoration. Pavement restoration following
trenching shall be in accordance with the details on pages F-24 through
F-31.
[Amended 11-20-2013 by Ord. No. 607-2013]
[3]
Subbase compaction. Prior to installing the road
base, the subbase shall be prepared as described in Appendix D.
[4]
Under-curb drains. All roads shall be provided
with under-curb drains as specified in Appendix F.
[3]
Editor's Note: Said appendixes are on file in the Borough
offices.
(c)
All under-pavement utilities, including services,
shall be installed prior to paving.
(d)
No paving shall be permitted between October 31
and April 1 unless approved in writing by the Borough Engineer or
the Supervisor of Public Works.
(4)
Curbs, gutters and sidewalks. Sidewalks and curbs shall be installed
along all proposed public and private streets, common driveways and
common parking areas, except when such requirements are waived by
Borough Council.
(a)
The Borough Council may, in its discretion, waive
the sidewalk requirement under one or more of the following conditions:
[1]
Where an alternative pedestrian circulation concept
can be shown to be more desirable, especially when using open space
areas, provided that appropriate walks are provided between the open
space walkways and the pedestrian origins and destinations.
[2]
Where the rural character, density of the area
and/or small size of the land development precludes the purposeful
use of sidewalks, provided that the applicant pays a fee in lieu of
the sidewalk construction to the Borough in an amount equal to the
cost of the required sidewalk construction as approved by the Borough
to be utilized and expended for sidewalk, trail, and pedestrian access
improvements in the Borough.
[Amended 12-20-2017 by Ord. No. 639-2017]
(b)
The Borough Council in its discretion may waive
the curb requirement under one or more of the following conditions:
(c)
Regardless of the size of land development or subdivision
proposal, sidewalks and curbs shall be required whenever they fill
a gap in an existing network.
(d)
Sidewalks shall be not less than four feet in width,
although the Borough Council may require additional width where higher
volumes of pedestrian traffic are anticipated.
(e)
Sidewalks shall not extend beyond the right-of-way
line of public streets or the equivalent right-of-way line of private
streets unless located in legal easements guaranteeing adequate pedestrian
access.
(f)
Sidewalks shall be provided in appropriate locations
to provide safe and efficient pedestrian access between parking areas
and nonresidential buildings.
(g)
Additional sidewalks shall be required where deemed
necessary by the Borough Council to provide access to schools, churches,
parks, community facilities and commercial centers and to provide
necessary pedestrian circulation within land developments and/or subdivisions
where otherwise required sidewalks would not be sufficient for public
safety and convenience.
(j)
Sidewalks shall be laterally pitched at a slope
of not less than 3/8 inch per foot to provide for adequate surface
drainage towards the street.
(k)
At corners and pedestrian street-crossing points,
sidewalks shall be extended to the curbline with an adequate apron
area for anticipated pedestrian traffic.
(l)
Sidewalks shall not exceed a grade of 12%. Steps
or a combination of steps and ramps shall be utilized to maintain
the maximum grades, where necessary. A nonslip surface texture shall
be used.
(m)
The grades and paving of sidewalks shall be continuous
across driveways, except in nonresidential and multifamily residential
developments and in certain other cases where heavy traffic volume
dictates special treatment.
(n)
The thickness and type of construction of all sidewalks,
curbs and gutters shall be in accordance with the recommendations
as follows:
(o)
If for any reason an interim waiver of these requirements
is made, a sufficient guaranty shall be posted for the eventual installation
of these items, subject to approval by the Borough Council upon the
recommendation of the Borough Engineer and Solicitor.
(p)
Sidewalks should be designed and laid out in such
a manner to facilitate their future interconnection with sidewalks
on abutting properties.
(q)
Sidewalks not located in a public right-of-way
shall be located within a public access easement.
(5)
Pavement and right-of-way radii at intersections.
(a)
Road intersections shall be rounded with tangential
arcs at the pavement edge (curbline) and right-of-way lines as listed
below. Where two roads of different right-of-way widths intersect,
the radii of curvature for the higher classification road shall apply.
The pavement edge (or curbline) radius and right-of-way radius shall
be concentric.
(b)
For arterial streets, the right-of-way width at
intersections should be as specified by the Pennsylvania Department
of Transportation or 20 feet beyond the pavement edge, whichever is
greater.
(c)
For collector and minor streets, the right-of-way
width at intersections should extend 10 feet beyond the pavement edge.
(6)
Street grades. All streets shall be graded as shown on the street profile and cross-section plans submitted by a registered engineer or landscape architect and approved as a part of the preliminary plan approval process for subdivision and/or land development. Street grades shall comply with the Franklin Park Grading Ordinance (Chapter 124) and the following:
(a)
The minimum grade for all streets shall be 1%.
(b)
Maximum grades for all streets shall be as defined in Subsection D(1) above unless otherwise noted in this chapter.
(c)
Street grades shall be measured along the center
line.
(d)
Curve/grade combinations shall follow accepted
engineering guidelines for safety and efficiency and in all cases
provide for the minimum sight distance. For example, minimum-radius
horizontal curves shall not be permitted in combination with maximum
grades.
(e)
At all approaches to intersections, street grades
shall not exceed 5% for a minimum distance of 50 feet.
(f)
The grade of the outer perimeter of cul-de-sac
turnarounds shall not exceed 7%, measured along the curbline.
(g)
All street grading shall be checked as built for
accuracy under inspection by the Borough Engineer.
(h)
Arterial and collector streets, where necessary,
shall be superelevated, not to exceed 6%, in compliance with accepted
engineering standards.
(i)
Roads shall be crowned 3% where not superelevated.
(7)
Horizontal curves and tangents.
(a)
Horizontal curves shall be used at all changes of direction in excess of 2°. Long-radius curves shall be used rather than a series of curves connected by short tangents. Minimum-radius curves at the end of long tangents shall not be approved. Minimum radii are given in Subsection D(1) above.
(c)
Curve/tangent relationships shall follow accepted
engineering guidelines for safety and efficiency.
(d)
Approaches to intersections shall follow a straight
course for a minimum of 50 feet for minor streets. All other streets
shall follow a straight course in accordance with accepted engineering
standards but shall in no case be less than 100 feet.
(e)
Any applicant who encroaches within the legal right-of-way
of a commonwealth highway is required to obtain a highway occupancy
permit from the Pennsylvania Department of Transportation prior to
final approval. In addition to the above, the Borough may require
the applicant to obtain an occupancy permit for a highway encroachment
which is consistent with the internal access and street plan.
(8)
Vertical curves. Vertical curves shall be used at changes in
grade of more than 1%, in compliance with the following requirements:
(a)
Minimum curve lengths shall be as defined in Subsection D(1) above unless otherwise noted in this chapter.
(b)
The high-point or low-point curve length, grades
and stations on a vertical curve shall be clearly identified on plans
and profiles submitted by a registered engineer, architect or landscape
architect, as appropriate.
(c)
Vertical curves at intersections shall be increased
20 feet for each one-percent grade change exceeding 3%. Grades across
intersections shall not exceed 5% within 25 feet of the center-line
intersection, as shown in Appendix F, page FP-8.[8]
[8]
Editor's Note: Said appendix is on file in the Borough offices.
(9)
Intersections and sight triangles. All street intersections
under the jurisdiction of this chapter shall be subject to the following
requirements:
(a)
No more than two streets shall intersect at the
same point.
(b)
Three-way and four-way intersections. Three-way
or T-intersections shall be used instead of four-way intersections
unless the four-way intersection can be justified in terms of necessary
and desirable through-traffic movements.
(c)
Corrective changes to existing intersections. When
existing streets intersect at odd angles or have more than four approaches,
the applicant shall make corrective changes to bring the intersection
into compliance with this chapter, as required by the Borough Council,
which shall first seek the recommendation of the Planning Commission
and other technical advisors or agencies, as appropriate. For commonwealth
and county highways, corrective changes shall comply with the requirements
of the appropriate agency.
(d)
Angle of intersections. All intersection approaches
shall be designed at right angles whenever practicable. There shall
be no intersections with an arterial of less than 75°, and there
shall be no intersections of less than 60° for all other streets,
measured at the center line of intersections.
(e)
Intersection spacing. Street intersections shall be spaced the minimum distances apart as specified for the street classifications listed in Subsection D(1) above, whether on the same or opposite sides of the street. The minimum distance between intersections shall be measured along the higher-classification intersecting street and shall be measured between the center lines of intersecting streets.
(f)
Sight triangles.
[1]
Proper sight lines required by Subsection D(1) above shall be maintained at all intersections of streets. Clear sight triangles shall be maintained along all approaches to all intersections and shall be measured along street center lines from their point of intersection. Where streets of differing classifications intersect, the dimension for the higher-classification street shall be used.
[2]
Within the area of clear sight triangles, obstructions
to visibility shall not be permitted within the following ranges of
height:
[3]
Exceptions may be made by the Borough Council to
allow the location of the following items in the clear sight triangle
as long as the sight triangle is maintained:
[a]
Private signposts, provided that the post does
not exceed one foot square in diameter and that the sign itself is
above the minimum height limit.
[b]
Shade trees, provided that, as the tree matures,
the lower branches will be kept pruned to the minimum five feet in
height limit and the trunk will not inhibit sight distance.
[c]
Existing shade trees, provided that lower branches
are kept pruned to the minimum five feet in height limit and that
the size, number and arrangement of trees does not impede adequate
visibility. The Borough Council may require the removal of one or
more trees if necessary to provide adequate visibility.
(10)
Sight distance.
(a)
Proper sight distance shall be provided with respect
to both horizontal and vertical alignments, measured at the driver's
eye height of 3 1/2 feet. An object one foot zero inches off
the finished road grade must be visible at the sight distances specified.
(c)
Since sight distance is determined by both horizontal
and vertical curvature, sight distance standards will, in all cases,
usurp standards for either of these curvatures in instances where
a conflict in standards might arise.
(11)
Design speed. Subsection D(1) above will be used as a guideline in street design. Final design criteria will be as regulated by the remainder of this chapter and as approved by the Borough Council.
(12)
Easements not complying with design standards for public or
private streets.
(a)
In those cases where access to a residential or
commercial subdivision is by means of an easement or right-of-way
which does not comply with the design standards for private streets
and/or public streets as prescribed in this chapter, the Borough Council
shall make the final determination on the continuing maintenance responsibilities
of such access easement or right-of-way as a part of the development
application review.
(b)
In the event that the Borough Council determines
that the health, safety or welfare of the inhabitants of such development
or of the citizens of the Borough would be prejudiced by the failure
to maintain such easement or right-of-way of access by the owner thereof,
the Borough Council may, after hearing, require as a condition precedent
to the approval of such development the preparation and execution
of a maintenance agreement providing for the maintenance of such easement
or right-of-way of access, signed and acknowledged by all of the owners
of property within such development and/or all of the owners of property
having the legal right to utilize such easement or right-of-way of
access, whereby such easement or right-of-way of access shall be maintained,
and said agreement shall be recorded in the Department of Real Estate
of Allegheny County, Pennsylvania.
(c)
In determining whether such maintenance agreement
shall be required in order to promote the health, safety or welfare
of the inhabitants of such development or of the citizens of the Borough,
the Borough Council shall make findings, after public hearing, regarding
the following:
[1]
That the easement or right-of-way of access shall
be of sufficient width and topography so as to provide access to all
lots and/or tracts of land in the subdivision or development and to
adjacent unsubdivided property.
[2]
That the continued maintenance of such easement
or right-of-way of access to the development or subdivision is necessary
to accommodate the travel of ambulances, emergency medical service
vehicles, fire vehicles, police vehicles and other emergency vehicles
to or from the development or subdivision.
[Amended 11-20-2013 by Ord. No. 607-2013]
[3]
That the configuration of such easement or right-of-way
of access shall be such so as to properly accommodate its use for
both pedestrian traffic and vehicular traffic without placing pedestrians
or vehicular traffic in danger.
[4]
That it is impossible to finance the sale of property
within such subdivision or development without the existence of a
maintenance agreement binding all owners of property within such subdivision
and others having the legal right to use such easement or right-of-way
of access to participate in the maintenance of such access easement
or right-of-way.
[5]
That the Borough Council shall determine, with
particularity, the details and specifications of the maintenance required
to maintain said easement or right-of-way of access as aforesaid,
and in the event that those persons responsible for said maintenance
under such agreement shall fail, neglect or refuse to provide the
same, the Borough Council shall, in writing delivered to each of said
persons, require that such maintenance shall be performed within such
time as shall be required by the Borough Council in said notice, and
in the event that such maintenance is not so performed within said
time, the Borough Council shall have the responsibility of performing
such maintenance and collecting the cost thereof from those persons
responsible therefor under the aforementioned agreement by a civil
action at law or by the filing of a municipal claim against the properties
owned by such persons in such proportions as shall be set forth in
the aforementioned maintenance agreement.
(d)
In those cases where a residential or commercial
subdivision has previously been approved by the Borough Council and
is in existence, where access to such residential or commercial subdivision
is by means of an easement or right-of-way which does not comply with
the design standards for private streets and/or public streets as
prescribed in this chapter, and in the event that the Borough Council
determines that the health, safety or welfare of the inhabitants of
such development or of the citizens of the Borough would be prejudiced
by the failure to maintain such easement or right-of-way of access
by the owner or owners thereof, the Borough Council may, after hearing,
require the preparation and execution of a maintenance agreement providing
for the maintenance of such easement or right-of-way of access, signed
and acknowledged by all of the owners of property within such development
and/or all of the owners of property having the legal right to utilize
such easement or right-of-way of access, whereby such easement or
right-of-way of access shall be maintained, and said agreement shall
be recorded in the Department of Real Estate of Allegheny County,
Pennsylvania.
(e)
In determining whether such maintenance agreement shall be required in order to promote the health, safety or welfare of the inhabitants of such development or of the citizens of the Borough, the Borough Council shall make findings, after public hearing, regarding the five subjects as hereinabove outlined in Subsection D(12)(c).
(13)
Parallel parking.
(a)
In general, parallel parking on all streets is
discouraged, except as required for emergencies, deliveries and standing
when necessary.
(b)
The mandatory off-street parking requirements of Chapter 212, Zoning, will in all cases be enforced.
(c)
Parallel parking on collector streets will be subject
to approval by the Borough Council and may require landscaped, curbed
street widening up to eight feet wide.
(d)
Parallel parking on minor streets will be subject
to approval by the Borough Council.
(14)
Other street standards and traffic-calming measures.
(a)
Islands, median strips and channelization may be
required in any area where traffic volumes warrant their use for safety
and efficiency and may be permitted in any area at the discretion
of the Borough Council. Such devices on commonwealth roads must meet
or exceed the requirements of the Pennsylvania Department of Transportation.
The Borough Council may require additional rights-of-way when such
devices are used.
(b)
Traffic-calming measures. Upon recommendation of a required traffic impact study and/or the recommendation of the Planning Commission, the Borough Council may require the developer to install traffic-calming measures within proposed public or private streets in order to promote public health and safety. Such traffic-calming measures shall be consistent with specifications included in Publication No. 383, Pennsylvania Traffic Calming Handbook, Chapters 5 and 6, published by the Pennsylvania Department of Transportation.
(c)
Walls, slopes and guide rails.
[1]
Where the grade of the street is above or below
the grade of the adjacent land, the subdivider may be required to
construct walls or slopes.
[2]
Where the grade of the street is steeper than a
slope of four to one above the grade of the adjacent land, the subdivider
may be required to install guide rails or posts in a manner satisfactory
to Pennsylvania Department of Transportation standards.
(d)
Embankments. Subject to appropriate slope stability
and the conditions of grading specifications, embankments at the sides
of streets and cross sections of drainage ditches shall not exceed
a maximum slope of 1 1/2 feet horizontally to one foot vertically
in a cut section and 1 1/2 feet horizontally to one foot vertically
in a fill section, or as recommended by the Borough Engineer.
(e)
Driveways. The requirements for private driveways
shall be the standards of the Pennsylvania Department of Transportation
regarding access to and occupancy of highways by driveways and local
roads (67 Pa. Code Chapter 441, as amended). Driveway access to commonwealth
highways shall be subject to the permit process of that Department.
Driveway access to county roads shall be subject to the permit process
of Allegheny County. Driveway access to Borough roads shall be subject
to the Borough permit process. All driveways shall be subject to the
standards, requirements and processing of this subsection.
[1]
Location.
[a]
Driveways shall be located so as to provide adequate
sight distance at intersections with streets.
[b]
Driveways shall be located in a manner which will
not cause interference to the traveling public, will not be a hazard
to the free movement of normal highway traffic or will not cause areas
of traffic congestion on the highway.
[c]
Driveways shall be located, designed and constructed
in such a manner so as not to interfere with or be inconsistent with
the design, maintenance and drainage of the highway.
[2]
Criteria for review. The Borough Council shall
use the following criteria to determine driveway access to collector
roads. The Borough Council may use more-restrictive criteria when
required.
[a]
Driveway access for nonresidential and multifamily
uses, including townhouses, shall be at least 200 feet apart.
[b]
No more than five lots of any submitted subdivision
plan may have direct access to an existing collector and higher-classification
road. The entire road frontage shall be considered a part of this
requirement for lands held in single ownership.
[c]
Alternate driveway access to be considered for
larger subdivisions shall be subject to the approval of the Borough
Council. Such alternate access may include reverse frontage where
the rear of the lot abuts the collector street and the property fronts
on a new interior street.
[4]
Number of driveways (nonresidential):
[a]
Properties with frontage of 120 feet or less shall
be limited to one curb cut.
[b]
Not more than two curb cuts may be permitted for
any single property, tract or lot for each street frontage.
[c]
More than two curb cuts per street frontage may
be permitted only if anticipated traffic volume warrants more than
two and when supported by a traffic study prepared by a qualified
traffic engineer.
[5]
Choice of streets. When streets of different classes
are involved, the driveway shall provide access to the street of lesser
classification unless this requirement is waived by the Borough Council
for reasons of sight distance, incompatibility of traffic, grading
or drainage.
[6]
Pavement widths at curbline and grade. Driveway
paving widths and grades shall be as follows.[9]
[9]
Editor's Note: The table of Pavement Widths at Curbline and Grade is included as an attachment to this chapter.
[7]
Stopping areas. All driveways shall be provided
with a stopping area within which the grade shall not exceed 6%. The
stopping area shall be measured as follows:
[a]
The length of the stopping area shall be a minimum
of 20 feet or the length of the longest vehicle anticipated to use
the driveway, whichever is greater.
[b]
Stopping areas shall be measured from the ultimate
right-of-way line for arterial and collector streets and from the
edge of the paving, curbline or sidewalk of minor streets.
[8]
Clear sight triangles. Clear sight triangles shall be provided where driveways intersect streets, in compliance with the standards of Subsection D(9) above, Intersections and sight triangles. The dimensional standards shall be determined by the classification of the street which the driveway intersects.
[9]
No driveway location, classification or design
shall be considered finally approved until permits have been granted
by the commonwealth and/or Borough and preliminary plan approval has
been granted by the Borough Council for the subdivision and/or land
development which the driveway(s) will serve.
[10]
No building permit shall be issued nor shall any
occupancy permit be issued as to any improvement or improvements in
any district in this Borough until the application for a driveway
permit shall have been made, in writing, and a permit approved by
the Borough authorities or other authority which may have jurisdiction
over the road.
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,[1] are distinct and separate from the applicability and intent
of the requirements of this section.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
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.[2] 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]
Editor's Note: See 53 P.S. § 10101 et seq.
(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.
A.
Parking areas shall be governed by the following standards:
(2)
Angled or perpendicular parking shall not be permitted along
public streets, except where specifically permitted by this chapter
or other ordinances. No parking areas shall be located within a public
street right-of-way. Parked vehicles in off-street parking spaces
shall be prevented from intruding on travel lanes, walkways, public
streets or adjacent properties by means of walls, curbs, wheel stops
or other appropriate means.
(3)
Parking areas shall not be located closer than 10 feet to any tract boundary line nor less than five feet from any ultimate right-of-way line and as specified in Chapter 212, Zoning.
(4)
Parking lot dimensions shall be no less than those listed in Chapter 212, Zoning, Article 2200. All parking spaces shall be marked with all-weather paint with single lines a minimum of four inches wide to separate each space.
(a)
Where vehicles may overhang a planting strip, a
two-foot widening of the planting strip and consequent two-foot reduction
of parking space length may be permitted.
(b)
In addition, up to 20% of the parking area for
more than 100 vehicles may be reduced to nine feet by 17 feet for
compact cars, provided that the smaller spaces are clearly designated
as compact car spaces.
(c)
Required off-street parking spaces for the physically
handicapped shall be a minimum of 12 feet wide by 20 feet long and
shall be paved with an impervious gravel-free surface. Side-by-side
spaces are encouraged, to be marked as 1 1/2 times the standard
width.
(5)
No more than 18 parking spaces may be located in an uninterrupted
row. If more than 18 parking spaces are located in a row, planting
strips with a minimum size of five feet by 20 feet shall be located
at appropriate intervals to provide shading and visual interest. Such
planting strips shall contain a street tree of at least two-inch caliper.
(6)
Where the edge of a parking area is located close to a street, driveway or other parking area and the provisions of § 184-907A(3) above do not apply, a minimum separation of five feet shall be provided between these features. This spacing shall consist of a raised landscaped area, preferably curbed, with screen planting in conformance with the specifications of Chapter 212, Zoning.
(7)
In any residential parking area where two driveways are located
adjacent to one another, a planting strip shall be provided between
the driveways. Said strip shall have a minimum width of five feet.
(8)
Dead-end parking areas shall be discouraged when the required
parking capacity can be accommodated in a layout that permits more
convenient vehicular movements. However, extraneous through-traffic
flow should be avoided.
(a)
Up to 50 parking spaces may also be located in
a dead-end parking area if no more-desirable alternative is feasible
and sufficient backup area is provided for the end stalls.
(b)
More than 50 parking spaces may be located in a
dead-end parking area only if a turnaround area is provided at the
closed end, suitable for passenger car turning. The turnaround area
may be circular or of another configuration acceptable to the Borough
Council.
(9)
No less than a five-foot radius of curvature shall be permitted
for all curblines in all parking areas.
(10)
All automobile parking areas shall be paved and constructed
in accordance with the standards established by the Borough.
(11)
The layout of every parking area shall be such as to permit
safe and efficient internal circulation in accordance with accepted
traffic engineering principles and standards.
(12)
Entrances and exits to and from off-street parking areas shall
be located so as to avoid interference with street traffic.
(13)
Every off-street parking area shall include sufficient reservoir
space to accommodate entering and exiting vehicles without overflowing
onto adjacent streets or service roadways.
(14)
All artificial lighting used to illuminate any parking space
or spaces shall be so arranged that no direct rays from such lighting
shall fall upon any neighboring property or streets. All light standards
shall be located on the raised parking islands and not on the parking
surface. Sharp cutoff-style lighting shall be used to reduce glare
and light spillover.
(15)
All multifamily, commercial, office, public and industrial uses
shall provide parking spaces for the physically handicapped.
(a)
Parking spaces for the physically handicapped should
generally be located on the shortest possible route to an accessible
entrance to the building. The first parking space in rows of parking
near such entrances may be reserved for handicapped parking. Ramps
shall be provided for convenient access from parking spaces to accessible
entrances and to sidewalks. Such spaces shall be placed to permit
severely handicapped persons to get into and out of a vehicle from
either side.
(b)
The pavement shall be marked with the international
symbol of accessibility. An aboveground sign shall be clearly visible
from the driveway to designate each physically handicapped parking
space.
(c)
One space or 2% of the total spaces required, whichever
is greater, shall be provided. Fractional spaces shall be rounded
upward.
B.
Internal driveways. The following requirements apply to driveways
within sites proposed for developments:
(1)
A smooth transition shall be provided between the driveway section
required for access to a public street and the driveway(s) required
for internal site circulation.
(2)
Main access driveways (entrance or exit) and service drives
handling large trucks shall be a minimum paved width of 24 feet, with
one lane in each direction.
(3)
Access driveways which are clearly secondary in importance may
be reduced to 20 feet in paved width.
(4)
Driveways along nonresidential buildings shall be a minimum
paved width of 24 feet; except that, where a dropoff/pickup lane is
proposed, the width shall be 32 feet.
(5)
Parking access driveways shall be a minimum of 22 feet wide
with two-way traffic flow for convenience and efficiency.
(6)
One-way driveways and/or parking at less than right angles may
be permitted only when right-angled parking and two-way driveways
are not feasible because of site characteristics or they are proven
by the applicant to be superior for the particular development proposal.
(7)
Entrance, exit and internal-circulation driveways shall be separated
from parking-aisle driveways whenever feasible in parking areas for
less than 100 spaces. Parking shall not be permitted along driveways
which serve as the main entrance(s) or exit(s) to parking areas with
a capacity of 100 cars or more.
C.
Off-street loading areas:
(1)
Off-street loading areas shall be provided for all retail businesses
and wholesale and industrial uses requiring the regular delivering
or shipping of goods, merchandise or equipment to the site by semitrailer
truck.
(2)
Applicants may propose loading areas that do not require the
use of semitrailer trucks, if they can demonstrate to the satisfaction
of Borough Council that the use can be adequately served by the use
of smaller delivery vehicles.
(3)
All loading space shall be located on the same lot as the principal
use(s) it serves.
(4)
Off-street loading areas shall comply with the following:
(a)
Required loading space shall be available for the
loading and unloading of vehicles and shall not be used for the storage
of vehicles or materials or to meet off-street parking requirements
or in conducting the use.
(b)
The location and size of loading areas shall be
adequate for the safe parking of trucks, and maneuvering space shall
be provided so that ingress and egress can be accomplished on the
lot without backing into a public street.
(c)
The loading spaces shall be compatible with vehicular
circulation in adjacent areas based upon its location and the schedule
of its use.
(d)
Two or more establishments may use a common loading
and unloading facility upon approval of the Borough Council.
A.
Area. All lots shall be no smaller than the minimum lot area requirements
of the applicable zoning district.
B.
Depth. Lots which are excessively deep in relation to their width
are to be avoided. A proportion of 2 1/2 to one is generally
regarded as a proper maximum for lots 60 feet or more in width.
C.
Width. The minimum lot width shall be that width measured along the building setback line as specified in Chapter 212, Zoning.
D.
Corner lots. Corner lots shall have two front yards, one from
each street.
F.
Side lines. Whenever practicable, the side lines of lots shall
be laid out at right angles or radial to the street right-of-way lines.
G.
Lot numbers. Each subdivision may have an overall system of
lot numbers, the number "1" being assigned to a lot in the first section
to be built.
A.
Easements with a minimum width of 20 feet shall be provided
as necessary for storm drainage structures, swales, sanitary sewers
and other utilities from the center of said pipe or swale.
B.
To the fullest extent possible, easements shall be centered
on or adjacent to rear or side lot lines.
C.
Natural watercourses shall be maintained as permanent easements
of 20 feet.
D.
Stormwater outlets shall have permanent easements from headwall
to center line of the stream. For storm discharge onto adjacent properties,
permanent easements shall be obtained from the property owner and
recorded with the Borough.
E.
Subsequent to completion of construction, all utility easements
shall be rerecorded.
[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.
[13]
Cut-and-fill slopes.
[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.
A.
Purpose. These regulations are adopted and implemented to achieve
the following general purposes and objectives:
(1)
To manage stormwater runoff resulting from land alteration and
disturbance activities in accordance with the watershed stormwater
management plans adopted by the Borough of Franklin Park.
(2)
To utilize and preserve the desirable existing natural drainage
systems and to preserve the flood-carrying capacity of streams.
(3)
To encourage natural infiltration of rainfall to preserve groundwater
supplies and stream flows.
(4)
To provide for the adequate maintenance of all permanent stormwater
management structures in the municipality.
B.
Applicability. The provision of the Franklin Park Stormwater Management Ordinance (Chapter 178) shall apply to all subdivision and land developments, including mobile home parks.
C.
Erosion and sedimentation controls.
(1)
All land-disturbance activities shall be conducted in such a
way as to minimize accelerated erosion and resulting sedimentation.
(2)
No earthmoving activity, including cuts and fills, excavation
and the removal of topsoil, trees or vegetative cover of the land
shall commence until plans for minimizing soil erosion and sedimentation,
both during and after construction, have been approved.
(3)
The erosion and sedimentation plan shall be prepared in strict
accordance with the Pennsylvania Erosion and Sedimentation Regulations
(25 Pa. Code Ch. 102), submitted to and deemed adequate by the Allegheny
County Conservation District.
(4)
Proposed erosion and sedimentation measures shall be submitted
with the stormwater management plan as part of the applicant's
preliminary and final plans.
(5)
The plan shall show the type, location and application of the
proposed erosion and sedimentation control measures and shall include
the calculations and criteria used in designing them.
(7)
Any development exempt from the requirements under § 184-911C(3)
shall comply with the requirements contained in Appendix E.
D.
Maintenance of stormwater control facilities and systems.
(1)
Maintenance responsibilities.
(a)
The stormwater management plan for the development
site shall establish responsibilities for the continuing operation
and maintenance of all proposed stormwater control facilities.
(b)
The Borough shall make the final determination
on the continuing maintenance responsibilities as part of the development
application review and reserves the right to accept the ownership
and operating responsibility of any stormwater management control(s)
in residential developments.
(2)
Maintenance agreement for privately owned stormwater facilities.
(a)
Prior to final approval of the site's stormwater
management plan, the property owner shall sign and record a maintenance
agreement covering all stormwater control facilities which are to
be privately owned. The agreement shall stipulate that:
[1]
The owner shall maintain all facilities in accordance
with the approved maintenance schedule and shall keep all facilities
maintained in a safe and attractive manner.
[2]
The owner shall convey to the Borough of Franklin
Park easements and/or rights-of-way to assure access for periodic
inspections by the Borough and maintenance, if required.
[3]
The owner shall keep on file with the Borough the
name, address and telephone number of the person or company responsible
for maintenance activities. In the event of a change, new information
will be submitted to the Borough within 10 days of the change.
[4]
The owner shall establish any special maintenance
funds or other financing sources in accordance with the approved maintenance
plan.
[5]
If the owner fails to maintain the stormwater control
facilities, following due notice by the Borough of Franklin Park to
correct the problems, the Borough shall perform the necessary maintenance
or corrective work. The owner shall reimburse the Borough for all
costs.
(b)
Other items may be included in the agreement where
determined necessary to guarantee the satisfactory maintenance of
all facilities. The maintenance agreement shall be subject to the
review and approval of the Borough Solicitor.
E.
Inspections of stormwater management controls during construction.
(1)
The Borough Engineer or a designated representative shall inspect
the construction of a temporary and permanent stormwater management
for the development site. The permittee shall notify the Engineer
48 hours in advance of the completion of the following key development
phases:
(a)
At the completion of preliminary site preparation,
including the stripping of vegetation, stockpiling of topsoil and
construction of temporary stormwater management and erosion control
facilities.
(b)
At the completion of rough grading, but prior to
placing topsoil, permanent drainage or other site development improvements
and ground covers.
(c)
During construction of the permanent stormwater
facilities, at such times as specified by the Borough Engineer.
(d)
Completion of permanent stormwater management facilities,
including established ground covers and plantings.
(e)
Completion of any final grading, vegetative control
measures or other site restoration work done in accordance with the
approved plan and permit.
(2)
No work shall commence on any subsequent phase until the preceding
one has been inspected and approved. If there are deficiencies in
any phase, the Borough Engineer shall issue a written description
of the required corrections and stipulate the time by which they must
be made.
(3)
If during construction the contractor or permittee identifies
any site conditions, such as subsurface soil conditions or alterations
in surface or subsurface drainage, which could affect the feasibility
of the approved stormwater facilities, he must notify the Borough
Engineer within 24 hours of the discovery of such condition and request
a field inspection. The Borough Engineer shall determine if the condition
requires a stormwater plan modification.
(4)
In cases where stormwater facilities are to be installed in
areas of landslide-prone soils or where other special site conditions
exist, the Borough may require special precautions, such as soil tests
and core borings, full-time resident inspectors and/or similar measures.
All costs of any such measures shall be borne by the permittee.
A.
Utilities.
(1)
All utilities shall be located within the street right-of-way
but outside the pavement width. Otherwise, easements or rights-of-way
of sufficient width for installation and maintenance shall be provided,
if possible.
(2)
No utilities shall be designed to be constructed in fill slopes
or fill areas.
(3)
Utilities, including service laterals, placed under the roadbed
shall be installed prior to road construction.
(4)
A minimum horizontal four-foot clearance shall be required between
all parallel utilities.
(5)
Where utilities cross, a minimum standard of eighteen-inch vertical
clearance shall be required.
(6)
Any stormwater pipe installed in public rights-of-way must meet
the AASHTO M294 smooth-wall pipe with bell end standards.
B.
Water facilities.
(1)
The subdivider or developer shall extend or create a water supply
system for the purpose of providing domestic water use and fire protection.
(2)
Where municipal water supply is available, the subdivider or
developer shall connect with such supply and provide a connection
for each lot. All water mains shall be at least six inches in diameter,
and fire hydrants shall be located no more than 1,000 feet apart and
within 500 feet of any structure.
(3)
Where the municipal water supply cannot be provided as determined
by the Borough Engineer and the Council, the subdivider or developer
shall provide a private centralized water supply and distribution
system. Such a system shall be designed to meet the requirements of
the Borough and standards of the DEP. Agreements suitable to the Borough
shall be established for the ownership and maintenance of the system.
(4)
The developer shall construct water mains to make water service
available to each lot, building or dwelling unit. A minimum static
pressure of 35 pounds per square inch shall be provided at each structure
to be connected to the water supply main.
(5)
Where no public water is accessible, water wells shall be furnished
by the owner on an individual-lot basis as follows:
(a)
Wells shall be located at least 25 feet from property
lines.
(b)
Wells shall be located more than 100 feet from
any septic tank field or system.
(c)
All wells shall have a watertight seal around the
pump mounting to prevent seepage.
(d)
Water samples shall be submitted to the Allegheny
County Department of Health for its approval.
C.
Sewerage facilities.
(1)
Wherever feasible, sanitary sewers shall be installed and connected
to the Borough (public) sewer system in accordance with regulations
of the County Health Department.
(2)
All sewers shall be designed and constructed in accordance with
regulations of the DEP. No sanitary sewer or treatment plant shall
be constructed until plans and specifications have been submitted
to the DEP and approved in accordance with existing laws.
(3)
If public sewer facilities are not reasonably accessible, the
owner shall provide for sewage disposal on an individual-lot basis
according to regulations and terms of the County Health Department.
Percolation tests and test holes and the size of septic tanks shall
be made as directed and approved by the County Health Department.
(4)
Sewer capacities should be adequate to accommodate the anticipated
maximum hourly quantity of sewerage with an allowance for infiltration
or other extraneous flow.
(5)
The diameter of sewers shall not exceed the diameter of the
existing or proposed outlet and shall be greater than eight inches.
(6)
All sewers shall be laid with straight alignment between manholes
unless otherwise specified and approved by the Borough.
(7)
Sanitary sewers shall be located within street rights-of-way
unless topography dictates otherwise. When located in easements on
private property, access shall be maintained to all manholes. A manhole
shall be provided at each street crossing. Not less than six feet
of cover shall be provided over the top of the pipe in street and
alley rights-of-way or three feet in all other areas.
(8)
Sewers shall be kept removed from water supply wells or other
water supply sources and structures. A minimum horizontal distance
of 10 feet shall be maintained between parallel waterlines and sewer
lines or meet the separation requirement of each utility. At points
where sewers cross water mains, the sewer shall be encased in concrete
for a distance of 10 feet in each direction from the crossing, measured
perpendicular to the waterline.
A.
Applicants must meet the sanitary sewer regulations of the DEP
and the Allegheny County Health Department and those of any other
authority that has been granted an operational service area within
Franklin Park Borough. In addition, applicants must meet the requirements
of this section.
B.
General requirements. The following shall apply to the construction
of storm and sanitary sewers.
(1)
Construction.
(a)
All storm sewers and storm sewer extensions shall
be designed and constructed according to plans approved by the Borough.
All storm sewers shall be designed according to the Rational Method
or other generally accepted practice. For storm sewers serving areas
other than local development, the SCS Soil-Cover-Complex Method shall
be utilized as outlined in the most recent version of TR No. 55, unless
otherwise approved by the Borough Engineer. Storm sewers equal to
or less than 18 inches in diameter shall be constructed to line and
grade. Storm sewers greater than 18 inches in diameter may be constructed
curvilinear; however, the joint deflection and resultant radius shall
not exceed pipe manufacturers' recommendations. Curvilinear storm
sewers 36 inches in diameter and smaller shall have a maximum manhole
spacing of 400 linear feet.
(b)
All sanitary sewers shall be designed and constructed
in accordance with the DEP, the Allegheny County Health Department
and the respective local authority guidelines and shall meet all rules,
regulations and requirements of those agencies. This shall include
obtaining all necessary reviews and permits from the respective governing
authorities involved. All sanitary sewers shall be constructed to
line and grade.
(2)
Maintaining existing sewers in operation.
(a)
The developer's attention is directed to the
fact that any and all existing facilities must be maintained in continuous
operation throughout the course of work. To that end, work shall be
scheduled so as to avoid interruptions in the operation of the present
facilities.
(b)
If it proves impossible to avoid an interruption
of the present facilities, the developer shall notify the Borough
in writing of the intended start and duration of the interruption
at least seven days in advance and shall receive written approval
for the interruption before causing any of the existing facilities
to be taken out of operation. If so directed, work shall be conducted
around the clock on that portion of the work which necessitated the
interruption. Before the facility is taken out of operation, the developer
must have all materials, equipment, tools and other things necessary
to complete the work at hand. The Borough shall decide, and its decision
shall be final, in regard to whether the equipment, tools, etc., at
hand are adequate to complete the work.
(3)
Special conditions.
(a)
The developer shall comply with the Commonwealth
of Pennsylvania Department of Labor and Industry regulations for excavations
and constructions.
(b)
The developer shall file the required notification
with the Bureau of Inspection, Department of Labor and Industry, prior
to starting construction work.
(4)
Flood conditions. It shall be the developer's responsibility
to take whatever measures are necessary to protect the facilities
from damage due to stormwater and floodwaters during the construction
stage and until such time as they are formally accepted by the Borough.
(5)
Antipollution measures.
(a)
The developer shall perform all work in accordance
with the provisions of the Pennsylvania Department of Environmental
Protection Soil Erosion and Sedimentation Control Manual. In connection
therewith, the developer's attention is directed to the Clean
Streams Law, Act 394 of 1937 of the Commonwealth of Pennsylvania,
as amended.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(b)
The developer shall conduct his activities and
shall program his trenching and restoration operations in such a manner
as to minimize stream pollution from erosion of the freshly excavated
and/or backfilled material during periods of excavation and during
periods of surface water runoff. The developer shall reduce the area
and duration of exposure of all erodible soils by the greatest extent
practical, and to that end hydromulching, reseeding, paving and other
specified surface restoration shall be required to closely follow
backfilling operations. Sediment traps and other means to retard runoff
rates shall be installed where needed. Similar holding basins or other
sediment trap arrangements shall also be required to be installed
at the discharge of dewatering pumps. Discretion shall be exercised
during construction such that a minimum of disturbance and erosion
pollution results.
(c)
During all construction activities, the developer
shall also, wherever possible, make every effort to minimize noises
caused by his activities, especially in populated residential areas.
Equipment shall be equipped with mufflers or silencers designed to
operate with the least possible noise levels.
(d)
The developer shall be further responsible for
observing any local ordinances or laws regarding allowable or restricted
working hours.
In all cases, the standards of § 212-1503 of Chapter 212, Zoning, shall apply to subdivision and land developments.
See Chapter 124, Grading.