In addition to the standards in this Article VI, all subdivisions and land developments shall be designed in accord with the applicable requirements of the Borough's Zoning Ordinance.[1]
A.
Application. The standards and requirements contained in this Article VI shall apply to all subdivisions and land developments and are intended as the minimum for the preservation of the environment and promotion of the public health, safety, and general welfare, and they shall be applied as such by the Planning Commission and Council in reviewing and evaluating plans for all proposed subdivisions and/or land developments. Compliance with all standards shall be documented by the applicant at the time of initial application.
(1)
Planning. The development shall conform to the proposals and conditions
shown in the Borough Comprehensive Plan and any local or regional
plans adopted by the Borough. The streets, drainage, rights-of-way,
school sites, public parks and playgrounds shown on the officially
adopted plan or the Borough's Official Map shall be considered
in the approval of all plans. In the case of major subdivisions and
land developments, the applicant shall submit a narrative detailing
how the development conforms to any applicable plan.
(2)
Contiguous lands. Where the owner of the site under consideration
owns contiguous land suitable for development, the subdivision plan
shall cover all such contiguous lands. This provision, however, may
be waived in full or in part by the Council if it is not considered
essential to the evaluation of the plans for the current development
tract.
(3)
Improvements, specifications. Additional improvements or improvements
of more stringent specifications may be required in specific cases
where, in the opinion of the Council, such specifications are necessary
to create conditions essential to the health, safety, and general
welfare of the citizens of the Borough and/or to protect the environment
of the Borough.
(4)
Hazard areas. Those areas which may present such hazards to life,
health, or property as may arise from fire, flood or noise, or are
considered to be uninhabitable for other reasons, shall not be subdivided
for building purposes unless the hazards have been eliminated or the
plans show adequate safeguards against the hazards. Sources for determining
and evaluating potential hazards may include historical records, soil
evaluations, engineering studies, expert opinions, standards used
by licensed insurance companies, and adopted regional, county or local
municipal policies.
(5)
Development design; remnants; neighboring development. All portions
of a tract being subdivided shall be taken up in lots, streets, open
lands, or other proposed uses, so that remnants and landlocked areas
shall not be created. The layout of a subdivision shall also be planned
with consideration for existing nearby developments or neighborhoods
so that they are coordinated in terms of interconnection of open space,
traffic movement, drainage, and other reasonable considerations.
(6)
Natural features. Care shall be taken to preserve natural features
such as agricultural land, woodland and specimen trees, wetlands,
watercourses, views, and historical features, such as buildings and
stone walls, which will maintain the attractiveness and value of the
land. Damming, filling, relocating or otherwise interfering with the
natural flow of surface water along any surface water drainage channel
or natural watercourse shall not be permitted except with the approval
of the Borough and, where appropriate, the PA DEP and the United States
Army Corps of Engineers.
(a)
Groundwater resources. This section is intended to ensure that
the Borough's limited groundwater resources are protected for
purposes of providing water supplies for its residents and businesses
and to protect the base flow of surface waters. These regulations
shall be applied in conjunction with those provided for in other sections
of this chapter dealing with groundwater conservation and replenishment.
The proposed subdivision and land development of any tract shall be
designed to cause the least practicable disturbance to natural infiltration
and percolation of precipitation to the groundwater table through
careful planning of vegetation and land disturbance activities, the
use of bioretention areas and infiltration trenches, and the placement
of streets, buildings and other impervious surfaces in locations other
than those identified on the existing resources and site analysis
plan as having the greatest permeability where precipitation is most
likely to infiltrate and recharge the groundwater.
(b)
Stream valleys, swales, springs, and other lowland areas. Stream
valleys (which include stream channels and floodplains), swales, springs
and other lowland areas are resources that warrant restrictive land
use controls because of flooding hazards to human life and property,
groundwater recharge functions, importance to water quality, and the
health of aquatic communities and wildlife habitats. Such areas are
generally poorly suited for on-site subsurface sewage disposal systems.
The following activities shall be minimized:
[1]
Disturbance to streams and drainage swales.
[2]
Disturbance to year-round wetlands, areas with seasonally high
water tables, and areas of surface water concentration.
[3]
Stream valleys, swales and other lowland areas warrant designation
as conservation open space because of extreme limitations. They may
also require adjoining buffer lands to be included in the conservation
open space, to be determined by an analysis of the protection requirements
of such areas on a case-by-case basis. In certain instances, hydric
soils may be excluded from the conservation open space where it can
be demonstrated that they are suitable for low-density residential
uses and on-site sewage systems.
(c)
Woodlands. Woodlands occur extensively throughout the Borough,
often in association with stream valleys and wet areas, poor and erodible
agricultural soils, and moderate to steep slopes.
[1]
Woodland conditions within the Borough vary with respect to
species composition, age, stocking, and health. They range from relatively
recent post-agricultural young stands to mature mixed-age forests.
Most woodlands in the Borough represent one or more of the following
resource values:
[a]
As soil stabilizers, particularly on moderate to
steep slopes, thereby controlling erosion into nearby streams, ponds,
impoundments and roads. A closely related function is their enhancement
of groundwater recharge.
[b]
As a means of ameliorating harsh microclimatic
conditions, in both summer and winter.
[c]
As a source of wood products (i.e., poles, saw
timber, veneer and firewood).
[d]
As habitats for woodland birds, mammals and other
wildlife.
[e]
As recreation resources for walkers, equestrians,
picnickers, and other related outdoor activities.
[f]
As visual buffers between areas of development
and adjacent roads and properties.
[2]
Because of their resource values, all woodlands on any tract
proposed for subdivision or land development shall be evaluated by
the applicant to determine the extent to which such woodlands should
be designated partly or entirely as conservation open space or development
lands. Evaluation criteria shall include:
[a]
Configuration and size.
[b]
Present conditions (i.e., stocking, health and
species composition).
[c]
Site potential (i.e., the site's capabilities
to support woodlands, based upon its topographic, soil and hydrologic
characteristics).
[d]
Ecological functions (i.e., in protecting steep
slopes and erodible soils, maintaining stream quality, and providing
for wildlife habitats).
[e]
Relationship to woodlands on adjoining and nearby
properties and the potential for maintaining continuous woodland areas.
[3]
The evaluation of the tract's woodlands shall be undertaken by a forester, landscape architect, horticulturist or another qualified professional acceptable to the Borough. This evaluation shall be submitted as a report and made a part of the application for a preliminary plan. At a minimum, that report shall include one or more maps indicating boundaries and conditions of woodland areas accompanied by a report addressing the criteria in § 187-43A(6)(c).
[4]
In designing a subdivision and land development plan for any
tract, the applicant shall be guided by the following standards:
[a]
Healthy woodlands exceeding one acre shall be preserved
and designated as conservation open space areas to the maximum extent
possible. Proposed site improvements shall be located, designed, and
constructed to minimize the loss or degradation of woodland areas.
[b]
Developments shall be designed to preserve woodlands
along roadways, property lines and lines occurring within a site,
such as streams, swales, stone fences and hedgerows. Such lines and
the native vegetation associated with them shall be preserved as buffers
between adjacent properties and between areas being subdivided within
a property. Preservation shall include ground, shrub, understory,
and canopy vegetation.
[c]
Disturbance or removal of woodlands occupying environmentally
sensitive areas shall be undertaken only when approved by the Planning
Commission and on a limited, selective basis to minimize the adverse
impacts of such actions. This shall include, but not necessarily be
limited to, vegetation performing important soil-stabilizing functions
on wet soils, stream banks, and sloping lands.
[d]
No clearing or earth disturbance (except for soil
analysis for proposed sewage disposal systems) shall be permitted
on a site before the completion of subdivision and land development
agreements. The determination of sight distance clearances along roadways
shall be made graphically and not by clearing on site prior to final
plan approval.
(d)
Upland areas. These areas comprise fields, pastures, meadows,
and former agricultural areas in early stages of woodlands succession,
with fences, stone walls, tree copses and hedgerows, typically bordered
by stream valleys and upland woodlands. These comprise the Borough's
historic working landscape, dotted with historic houses, barns and
other structures. They give the Borough much of its rural character.
They also contain the greatest concentration of prime agricultural
soils. Because of their openness and high visibility, development
in these areas is likely to be most readily seen and disruptive to
the historic landscape. Such areas sometimes provide habitat for wildlife,
in conjunction with nearby woodlands and stream valleys. However,
it is recognized that these areas also frequently offer the fewest
constraints for development. Several elements of these working landscapes
lend themselves to incorporation into the Borough's conservation
open space network. These include prime agricultural soils and natural
features which visually punctuate the landscape, such as hedgerows,
tree copses, stone walls, and visually prominent places such as knolls
and hilltops. These areas can also accommodate development, with preferred
locations being the non-prime agricultural soils and lower topographic
settings where development will be visually less obtrusive. Compact
clustered residential designs, with coordinated architectural and
landscape architectural themes, are encouraged in highly visible locations
where future development cannot be avoided (such as at the far edge
of open fields).
(e)
Slopes. Moderately sloping lands (15% to 25%) and steeply sloping
lands (over 25%) are prone to severe erosion if disturbed. Erosion
and the resulting overland flow of soil sediments into streams, ponds,
and public roads are detrimental to water quality and aquatic life,
and a potential hazard to public safety.
[2]
All grading and earthmoving on slopes exceeding 15% shall be
minimized.
[3]
No site disturbance shall be allowed on slopes exceeding 25%,
except grading for a portion of a driveway accessing a single-family
dwelling when it can be demonstrated that no other routing which avoids
slopes exceeding 25% is feasible.
[4]
On slopes of 15% to 25%, the only permitted grading beyond the
terms described above shall be in conjunction with the siting of a
single-family dwelling, its access driveway and the septic system.
[5]
Grading or earthmoving on all sloping lands of 15% or greater
shall not result in earth cuts or fills whose highest vertical dimension
exceeds six feet, except where, in the judgment of the Planning Commission,
no reasonable alternatives exist for construction of roads, drainage
structures and other required improvements, in which case such vertical
dimensions shall not exceed 12 feet.
[6]
Roads and driveways shall, to the greatest extent possible,
follow the line of existing topography to minimize the required cut
and fill. Finished slopes of all cuts and fills shall be as required
to minimize disturbance of natural grades.
(f)
Significant natural areas and features. Natural areas containing
rare or endangered plants and animals, as well as other features of
natural significance, exist throughout the Borough. Some of these
have been carefully documented (e.g., by the Statewide Natural Diversity
Inventory); whereas, for others, only the general locations are known.
Subdivision applicants shall take all reasonable measures to protect
significant natural areas and features either identified by the Borough's
Map of Potential Conservation Lands or by the applicant's existing
resources and site analysis plan by incorporating them into proposed
conservation open space areas or avoiding their disturbance in areas
proposed for development.
(7)
Historic structures and sites. The Borough's documented historical
resources begin with the Native Americans in the early 18th century
and extend through its colonial agricultural, residential and industrial
development in the late 18th and 19th centuries. Plans requiring subdivision
and land development approval shall be designed to protect existing
historic resources. The protection of an existing historic resource
shall include the conservation of the landscape immediately associated
with and significant to that resource, to preserve its historic context.
Where, in the opinion of the Commission, a plan will have an impact
upon a historic resource, the developer shall mitigate that impact
to the satisfaction of the Commission by modifying the design, relocating
proposed lot lines, providing landscape buffers, or other approved
means. Borough participation, review and approval of the applicant's
interaction with the State Historical and Museum Commission with regard
to the preservation of historic resources, as required for PA DEP
approval of proposed sewage disposal systems, shall be required prior
to preliminary plan approval.
(8)
Scenic viewsheds. The Borough has identified a number of scenic viewsheds
in the Regional Recreation and Open Space Plan. All applications for
subdivision and land development shall attempt to preserve the viewsheds
by incorporating them into conservation open space or otherwise providing
for building setbacks and architectural designs to minimize their
intrusion. In instances where such designs fail to satisfactorily
protect viewsheds, applicants will be required to provide landscape
buffers to minimize their adverse visual impacts. The buffers shall
be provided in accord with the Borough Zoning Ordinance[3] and Borough landscaping requirements.
(9)
Trails. When a subdivision or land development proposal is traversed
by or abuts an existing trail customarily used by pedestrians and/or
equestrians, the Council may require the applicant to make provisions
for continued recreational use of the trail.
(a)
The applicant may alter the course of the trail within the tract
for which development is proposed under the following conditions:
[1]
The points at which the trail enters and exits the tract remain
unchanged.
[2]
The proposed alteration exhibits quality trail design according
to generally accepted principles of landscape architecture.
[3]
The proposed alteration does not coincide with a paved road
intended for use by motorized vehicles.
(b)
When trails are intended for public or private use, they shall
be protected by a permanent conservation easement on the properties
on which they are located. The width of the protected area in which
the trail is located should be a minimum of 10 feet. The language
of the conservation easement shall be to the satisfaction of the Planning
Commission upon recommendation of the Borough Solicitor.
(d)
An applicant may propose and develop a new trail. If said trail
is available for use by the general public and connects with an existing
trail, the land area protected for said trail may be credited toward
the conservation open space requirement of the Zoning Ordinance.[5]
(e)
Trails shall have a vertical clearance of no less than 10 feet.
(f)
Width of the trail surface may vary depending upon type of use
to be accommodated but in no case shall be less than three feet or
greater than six feet.
(g)
No trail shall be designed with the intent to accommodate motorized
vehicles.
(10)
Boundary lines and reserve strips. Lot lines should follow municipal
and county boundary lines rather than cross them. Reserve strips controlling
access to lots, public rights-of-way, public lands or adjacent private
lands are prohibited.
(11)
Water frontage and surface drainage. The damming, filling, relocating,
or otherwise interfering with the natural flow of surface water along
any surface water drainage channel or natural watercourse shall not
be permitted except with approval of the Borough and, where required
by state statute, the PA DEP or other applicable state agencies.
(12)
Community facilities and adopted plan requirements. Where a
proposed park, playground, school, or other public use is shown in
an adopted plan of the Borough and is located in whole or in part
in a proposed development, the Council may require the reservation
of such area, provided that such reservation is acceptable to the
developer.
(13)
Walkways. Pedestrian interior walks may be required, where necessary,
to assist circulation or provide access to community facilities (e.g.,
a park or school).
(14)
Storm drainage. Lots and/or parcels shall be laid out and graded
to provide positive drainage away from buildings and to prevent damage
to neighboring lots, tracts, or parcels.
B.
Planned improvements. Physical improvements to the property being
subdivided and/or developed shall be provided, constructed and installed
as shown on the approved preliminary plan.
C.
Improvements specifications. All improvements installed by the developer
shall be constructed in accordance with the design specifications
and construction standards of the Borough and advice of the Borough's
Engineer.
(1)
Where there are no applicable Borough specifications, improvements
shall, if approved by the Council, be constructed in accordance with
specifications furnished by the Borough's Engineer, Monroe County
Conservation District, Pennsylvania Department of Transportation,
Pennsylvania Department of Environmental Protection, Bureau of Forestry
or such other county, state or federal agency as may be applicable.
(2)
If there are no applicable Borough or state specifications, the Council
may authorize that such specifications be prepared by the Borough's
Engineer or an engineering consultant.
D.
Other ordinances. Whenever other Borough ordinances and/or regulations
impose more restrictive standards and requirements than those contained
herein, such other ordinances and/or regulations shall be observed;
otherwise, the standards and requirements of this chapter shall apply.
All preliminary plans shall include documentation of a four-step
design process in determining the layout of proposed conservation
open space, house and development sites, streets and lot lines, as
described below.
A.
Resource inventory and analysis. The tract's resources shall be delineated on an existing resources and site analysis plan, as required in § 187-29D.
B.
Four-step design process:
(1)
Step 1: Delineation of conservation open space.
(a)
The minimum percentage and acreage of required conservation open space shall be calculated by the applicant and submitted as part of the sketch plan or preliminary plan in accord with the provisions of this chapter and § 215-23 of the Zoning Ordinance. Conservation open space shall include all primary conservation areas and those parts of the remaining buildable lands with the highest resource significance, as described below and in § 187-45A and B.
(b)
Proposed conservation open space shall be designated using the existing resources and site analysis plan as a base map and complying with § 215-23 of the Zoning Ordinance and this § 187-44 and § 187-45, dealing with resource conservation and conservation open space delineation standards. The Borough's Map of Potential Conservation Lands shall also be referenced and considered. Primary conservation areas shall be delineated, comprising floodplains, wetlands and slopes over 25%.
(c)
In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed conservation open space, in consultation with the Planning Commission and in accordance with § 187-45A and B.
(d)
On the basis of those priorities and practical considerations
given to the tract's configuration, its context in relation to
resources areas on adjoining and neighboring properties, and the applicant's
subdivision objectives, secondary conservation areas shall be delineated
to meet at least the minimum area percentage requirements for conservation
open space and in a manner clearly indicating their boundaries as
well as the types of resources included within them.
(e)
Development areas constitute the remaining lands of the tract
outside of the designated conservation open space areas.
(2)
Step 2: Location of house sites. Potential house sites shall be located,
using the proposed conservation open space as a base map as well as
other relevant data on the existing resources and site analysis plan
such as topography and soils. House sites should generally be located
not closer than 100 feet to primary conservation areas and 50 feet
to secondary conservation areas, taking into consideration the potential
negative impacts of residential development on such areas as well
as the potential positive benefits of such locations to provide attractive
views and visual settings for residences.
(3)
Step 3: Alignment of streets and trails.
(a)
With house site locations identified, applicants shall delineate
a street system to provide vehicular access to each house in a manner
conforming to the tract's natural topography and providing for
a safe pattern of circulation and ingress and egress to and from the
tract.
(b)
Streets shall avoid or at least minimize adverse impacts on
the conservation open space areas. To the greatest extent practicable,
wetland crossings and new streets or driveways traversing slopes over
15% shall be avoided.
(c)
Street connections shall generally be encouraged to minimize
the number of new culs-de-sac and to facilitate easy access to and
from homes in different parts of the tract and on adjoining parcels.
(d)
A tentative network of trails shall also be shown, connecting
streets with various natural and cultural features in the conserved
conservation open space. Potential trail connections to adjacent parcels
shall also be shown in areas where a municipal trail network is envisioned.
(4)
Step 4: Drawing in the lot/development lines. Upon completion of
the preceding three steps, boundaries are drawn as required to delineate
the boundaries of individual lots or development areas, following
the configuration of house sites and streets in a logical and flexible
manner.
Conservation open space shall be preserved in accord with § 187-41 of this chapter and the Borough's Zoning Ordinance,[1] and not less than 30% of the conservation open space shall
be accessible to the residents of the subdivision or land development.
A.
Prioritized list of resources to be conserved. The design of conservation open space in any subdivision or land development plan shall reflect the standards set forth in § 187-43, resources identified on the Borough's Map of Potential Conservation Lands and, to the fullest extent possible, incorporate any of the following resources if they occur on the tract (listed in order of significance):
(1)
Stream channels, floodplains, wetlands, vernal ponds, wet soils,
swales, springs, and other lowland areas, including adjacent buffer
areas which may be required to ensure their protection.
(2)
Significant natural areas of species listed as endangered, threatened,
or of special concern, such as those listed in the Statewide Natural
Diversity Inventory.
(3)
Moderate to steep slopes, particularly those adjoining watercourses
and ponds, where disturbance and resulting soil erosion and sedimentation
could be detrimental to water quality.
(4)
Healthy woodlands, particularly those performing important ecological
functions such as soil stabilization and protection of streams, wetlands,
and wildlife habitats.
(5)
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
(6)
Hedgerows, groups of trees, large individual trees of botanic significance,
and other vegetational features representing the site's rural
past.
(7)
Class I, II and III agricultural soils, as defined by the USDA Natural
Resource Conservation Service.
(8)
Historic structures and sites.
(9)
Visually prominent topographic features such as knolls, hilltops
and ridges, and scenic viewsheds as seen from public roads (particularly
those with historic features).
(10)
Existing trails connecting the tract to other locations in the
Borough.
B.
Other design considerations. The configuration of proposed conservation
open space set aside for common use in residential subdivisions and
conservation open space in non-common ownership shall comply with
the following standards:
(1)
Be free of all structures except historic buildings, stone walls,
and structures related to conservation open space uses. The Council
may grant approval of structures and improvements required for storm
drainage, sewage treatment and water supply within the conservation
open space, provided that such facilities are not detrimental to the
conservation open space (and that the acreage of lands required for
such uses is not credited towards minimum conservation open space
acreage requirements for the tract, unless the land they occupy is
appropriate for passive recreational use).
(2)
Generally not include parcels smaller than three acres, have a length-to-width
ratio of less than 4:1, or be less than 75 feet in width, except for
such lands specifically designed as neighborhood greens, playing fields
or trail links.
(3)
Be directly accessible to the largest practicable number of lots
within the subdivision. Nonadjoining lots shall be provided with safe
and convenient pedestrian access to conservation open space.
(4)
Be suitable for active recreational uses to the extent deemed necessary
by the Council, without interfering with adjacent dwelling units,
parking, driveways, and roads.
(5)
Be interconnected wherever possible to provide a continuous network
of conservation open space within and adjoining the subdivision.
(6)
Provide buffers to adjoining parks, preserves or other protected
lands.
(7)
Except in those cases where part of the conservation open space is
located within private house lots, provide for pedestrian pathways
for use by the residents of the subdivision. Provisions should be
made for access to the conservation open space, as required for land
management and emergency purposes.
(8)
Be undivided by public or private streets, except where necessary
for proper traffic circulation.
(9)
Be suitably landscaped, either by retaining existing natural cover
and wooded areas and/or according to a landscaping plan, to protect
conservation open space resources.
(10)
Be made subject to such agreement with the Borough and such
conservation easements duly recorded in the office of the Monroe County
Recorder of Deeds as may be required by the Planning Commission for
the purpose of preserving the common open space for such uses.
(11)
Be consistent with the Borough's Comprehensive Plan and
any other duly adopted Borough or regional plan.
A.
Protection of vegetation from mechanical injury. Where earthwork,
grading, or construction activities will take place in or adjacent
to woodlands, old fields or other significant vegetation or site features,
the Planning Commission may require that the limit of disturbance
be delineated and vegetation protected through installation of temporary
fencing or other approved measures. Such fencing shall be installed
prior to commencing of, and shall be maintained throughout, the period
of construction activity.
B.
Protection of vegetation from grading change. Grade changes to occur
at any location of the property shall not result in an alteration
to soil or drainage conditions which would adversely affect existing
vegetation to be retained following site disturbance, unless adequate
provisions are made to protect such vegetation and its root systems.
C.
Protection of vegetation from excavations. When digging trenches
for utility lines or similar uses, disturbances to the root zones
of all woody vegetation shall be minimized. If trenches must be excavated
in the root zone, all disturbed roots shall be cut as cleanly as possible.
The trench shall be backfilled as quickly as possible.
D.
Protection of topsoil.
(1)
No topsoil shall be removed from the site. In the case of a nonresidential
development, topsoil shall be retained on the site as necessary for
proper site stabilization.
(2)
Prior to grading operations or excavation, topsoil in the area to
be disturbed shall be removed and stored on site.
(3)
Topsoil removed shall be redistributed and stabilized as quickly
as possible following the establishment of required grades for a project
or project phase. All exposed earth surfaces shall be stabilized in
accord with best management practices.
(4)
Grading and earthmoving operations shall be scheduled to minimize
site disturbance during the period from November 1 to April 1, when
revegetation of exposed ground is difficult.
A.
Configuration. The configuration of blocks and lots shall be based
upon the lot area requirements, the salient natural features, open
land requirements, the existing man-made features, and the proposed
type of structure. Lot configurations should provide for flexibility
in building locations, while providing safe vehicular and pedestrian
circulation.
C.
Lots.
(2)
Lots divided by municipal boundaries shall be avoided. Where a subdivision
is divided by a municipal boundary, the applicant shall so notify
the governing body of each municipality affected so that an administrative
agreement for the platting and taxing of lots between the municipalities
can be executed, if such agreement is necessary.
(3)
All lots shall front on an approved street.
(4)
All side lines of lots shall be at right angles to straight street
lines and radial to curved street lines.
(5)
Double-frontage lots shall not be platted unless access to the lots
is restricted to the interior development streets and the lot is increased
20 feet in depth to provide for a planting strip along the exterior
street.
(6)
All lands in a subdivision shall be included in platted lots, roads,
common areas and other improvements, and no remnants of land or reserve
strips controlling access to lots, public rights-of-way, public lands
or adjacent private lands shall be permitted.
(7)
Lots shall be laid out to the edge of any road, and lot lines along
existing public or private roads shall be maintained as they exist.
(8)
No corner lot shall have road frontage of less than 100 feet.
(9)
All corner lots shall have a curve with a minimum radius of 10 feet
adjoining the intersecting road edge or right-of-way lines.
E.
Flag lots. Flag lots shall be permitted by modification/waiver only
in accord with the following:
(1)
The applicant shall prove to the satisfaction of the Council that
the flag lot is necessary to minimize the environmental impacts (e.g.,
disturbance of conservation areas) and that it would not result in
a greater number of lots on the tract than would otherwise be feasible
and permitted.
(2)
Not more than 20% of the lots within a subdivision may be approved
as flag lots.
(3)
The access corridor portion of the lot is the area of the lot that
extends between the street and main portion of the lot and shall not
exceed 300 feet in length, as measured from the street right-of-way.
(4)
The access corridor shall be a minimum of 20 feet wide.
(5)
The applicant shall prove to the satisfaction of the Council that
the proposed driveway would provide adequate access for emergency
vehicles.
(6)
The lot width measurement shall be made on the main portion of the
lot and shall not include the access corridor.
(7)
The lot line where the narrow access corridor widens shall be considered
the front lot line for applying setback requirements.
(8)
A flag lot shall only be approved for a lot that is protected by
a deed restriction or conservation easement from further subdivision.
A.
General provisions:
(1)
Every subdivision and land development shall have access to a public
road.
(2)
In general, all streets shall be continuous and in alignment with
existing streets and shall compose a convenient system to ensure circulation
of vehicular and pedestrian traffic, with the exception that minor
streets shall be laid out, including the use of loop streets and culs-de-sac,
so that their use by through traffic will be discouraged.
(3)
Roads shall be graded, improved and surfaced to the grades and specifications
shown on the plans, profiles, and cross sections as required by this
chapter.
(4)
Proposed streets shall further conform to such county and state highway
plans as have been prepared, adopted and/or filed as prescribed by
law.
B.
Topography. Roads shall be logically related to topography to produce
reasonable grades, minimize site disturbance, and provide suitable
building sites.
C.
Existing access. Existing private roads or private rights-of-way proposed to provide access to a subdivision and/or land development shall meet all the requirements of this § 187-48 or shall otherwise be improved to such standards.
D.
Street continuation. Residential streets shall be planned to discourage
through traffic; however, the arrangement of streets, wherever possible,
shall provide for continuation of existing or platted streets and
for adequate access to adjoining undeveloped tracts suitable for future
subdivision by reserving rights-of-way to the adjoining undeveloped
tracts.
E.
Subdivision names and street names. Streets that are extensions of,
or obviously in alignment with, existing streets shall bear the names
of the existing streets. Subdivision and street names shall not be
repeated or be similar to those existing within the Borough or adjacent
areas, and all street names shall be subject to the approval of the
Borough for conformance with the enhanced 911 emergency call system.
Street name signs of a design approved by the Borough shall be installed
by the developer at his expense at each street intersection.
F.
Further subdivision. If lots resulting from the original subdivision
are large enough to permit resubdivision or if a portion of the tract
is not subdivided, adequate street rights-of-way to permit further
subdivision shall be provided as necessary.
G.
Cul-de-sac streets. Cul-de-sac streets shall be permitted only in
cases where the property configuration does not permit the logical
use of continuous streets, and the Borough shall have the right to
deny the use of cul-de-sac streets in cases where the Borough determines
that the use of continuous streets is practical. Cul-de-sac streets,
where permitted, shall meet the following design regulations:
(1)
Any temporary dead-end street, if designed to provide future access
to adjoining properties, shall be provided with a temporary all-weather
turnaround within the subdivision with a surfaced area with a radius
equal to that required for a permanent turnaround, and the use of
such turnaround shall be guaranteed to the public but shall be removed
when the street is extended.
(2)
Cul-de-sac streets, permanently designed as such, shall not serve
more than 25 lots and shall not exceed a length of 800 feet.
(3)
All cul-de-sac streets, whether permanently or temporarily designed
as such, shall terminate in a turnaround.
(a)
In cases where the cul-de-sac serves more than 10 dwelling units
and/or dedication to the Borough is proposed, one of the following
turnarounds shall be provided:
[1]
A circular turnaround or off-center circular turnaround having
a right-of-way with a minimum outside radius of 40 feet, an outer
pavement edge or curbline having a minimum radius of 30 feet and improved
to the required construction specifications.
[2]
A circular turnaround with a center island having a right-of-way
with a minimum outside radius of 55 feet, an outer pavement edge or
curbline having a minimum radius of 45 feet, and a pavement width
of 20 feet, improved to the required construction specifications.
The center island shall be landscaped with low-maintenance vegetation.
(b)
In cases where the turnaround serves 10 or less dwelling units
and the street will remain private, the turnaround may be T- or Y-shaped,
with a length of 60 feet and a width of 20 feet, improved to the required
construction specifications.
(4)
The turnaround right-of-way of the cul-de-sac shall be connected
to the approach right-of-way by an arc having a radius of not less
than 25 feet and the pavement by an arc of not less than 30 feet.
(5)
When the Planning Commission determines that a cul-de-sac street
may be required to be converted to a through street to provide access
to adjoining property, a right-of-way equal to the width of the cul-de-sac
street shall be provided to the perimeter boundary of the development
parcel.
(6)
As an alternative to a cul-de-sac street, the Borough may permit
a one-way loop lane with a midway length not to exceed 800 feet and
with a center median not less than 50 feet in width.
H.
(Reserved)
I.
Intersections:
(1)
Center lines. Center lines of streets shall intersect as nearly at
right angles as possible.
(2)
More than two streets. Intersections of more than two streets at
one point are not permitted.
(3)
Minimum offset. Where streets intersect other streets, the minimum
offset or distance between center lines of parallel or approximately
parallel streets intersecting a cross street from the same or opposite
directions shall be as follows:
(4)
Cartway-edge arc. The cartway edge at intersections shall be rounded
by a tangential arc with a minimum radius of 40 feet for minor streets
and streets of lesser classification and 50 feet for collector streets
and streets of higher classification. The right-of-way arc shall be
congruent with the cartway arc.
(5)
Corner site distance. Corner site distance refers to the maximum
length of highway along which a driver stopped at an intersection
or driveway can continuously see another vehicle approaching on another
roadway or driveway. For the purpose of measuring the available corner
sight distance, the height of both the driver's eyes and the
approaching vehicle shall be assumed to be 3.5 feet above the roadway
surface. In addition, the driver's eyes shall be assumed to be
10 feet from the near edge of the intersecting roadway or driveway
or the near edge of the closest travel lane in the event there is
parking permitted on the intersecting roadway or driveway.
J.
Major street frontage. Where a subdivision and/or land development
abuts or contains an existing or proposed collector street or Borough
or state road, the Borough may require access from interior subdivision
streets or such other treatment as will provide protection for abutting
properties, reduction in number of intersections with the collector
or arterial street, and separation of local and through traffic.
K.
Street right-of-way, travel-way and shoulder widths, and cross sections.
Street right-of-way, travel-way and shoulder widths shall be provided
to the standards provided in Table VI-1 and Table VI-2.[1]
(1)
Shoulder surfaces shall be graded at a slope of 6% away from the
pavement edge.
(2)
The finished paved travel-way surface of tangent sections and curve
sections not required to be superelevated shall be crowned at 2% away
from the center line.
(3)
Properly superelevated cross sections shall be required on collector
streets when the curve radii are less than 1,500 feet. The maximum
permissible superelevation shall be 8%.
[1]
Editor's Note: Table VI-1 and Table VI-2 are attachments to
this chapter.
L.
Easements. Easements for utilities shall be provided and shall conform
in width and alignment to the recommendations of the appropriate utility
company. Easements shall also be provided for all stormwater drainage
ditches, sewers, and watercourses. All easements shall be shown on
the preliminary and final plans, and the Borough or its agents shall
have the right to enforce the restrictive easements relative to the
water supply and sewage disposal in the event that the developer and/or
lot owners fail or are unable to do so. The Borough shall further
have free access to all developments and lots at all times for the
purpose of inspection and enforcement.
(1)
Access easements.
(a)
Access easements shall be shown and labeled on the plans to
indicate the purpose, easement users, and the rights of said users.
(b)
No access easement shall be a part of any lot, but it shall
be a separate area designed with the express purpose of access to
a particular site or facility. (Example: An access to a well lot would
be part of the well lot and not a right-of-way across the adjoining
building lot.)
(c)
Ownership and maintenance responsibility shall be noted on the
plans for each easement.
(2)
Utility easements.
(a)
Utility easements shall be a minimum of 10 feet in width and
shall be provided along all street rights-of-way in addition to the
required street width.
(b)
All existing and proposed utility easements shall be shown and
labeled on the plan and included in the restrictive covenants as appropriate.
(c)
Existing and proposed utility easements shall be included in
lot sizes unless otherwise restricted by the utility.
M.
Street alignment. Street alignment shall be designed as follows:
(1)
Deflection. Whenever street lines are deflected in excess of 5°
within 100 feet, connection shall be made by horizontal curves.
(3)
Stopping sight distance. Stopping sight distance is the length of
highway over which an object is visible to the driver at all times.
For the purpose of measuring the available stopping sight distance
at a particular location, the driver's eye height is assumed
to be 3.5 feet above the roadway surface and the object height is
assumed to be six inches above the roadway surface.
N.
Street grades. Street grades shall be designed as follows:
(2)
The maximum grade across the turnaround on a cul-de-sac street shall
not exceed 4%.
(3)
To provide for adequate drainage, the minimum grade of any street
gutter shall not be less than 1%.
(4)
To provide for adequate drainage, the minimum grade of any parallel
ditch along a street shall be not less than 1%.
(5)
A leveling area for all street intersections shall be provided as
follows:
(a)
The tangent grade of the through street at the point of intersection
of the center lines of the two streets shall not exceed 8% for collector,
minor, local access, and marginal access street intersections, and
all other intersections shall comply with the grades as required on
Table VI-1.[5] Crest and sag vertical curves shall be provided in accordance with § 187-48O.
[5]
Editor's Note: Table VI-1 is an attachment to this chapter.
(b)
The tangent grade of the connecting street(s) shall not exceed 4% within 25 feet of the right-of-way lines of the through street. Crest and sag vertical curves shall be provided in accordance with § 187-48O. The point of vertical curvature or tangency shall not be within the through street right-of-way.
O.
Vertical curves. Vertical curves shall be used at changes of grade
exceeding 1% and shall be provided in accord with Table VI-1[6] and the following vertical curve information shall be
shown on the street profiles:
(1)
Length of vertical curve.
(2)
Elevation and stationing of the vertical point of intersection, vertical
point of curvature, vertical point of tangency, and middle offset.
(3)
Street grades.
(4)
Sight distances.
[6]
Editor's Note: Table VI-1 is an attachment to this chapter.
P.
Clear sight triangles. At all intersections, a triangular area shall
be graded and/or other sight obstructions removed in such a manner
as not to obscure vision between a height of from two to 10 feet above
the center-line grades of the intersecting streets.
(1)
The clear sight triangle shall be guaranteed either by deed restriction,
by lease restriction or by plan reference, whichever method is applicable.
Vegetation shall not be planted or allowed to grow in such a manner
as to obscure said vision.
(2)
Such triangular area shall be determined by the intersecting street
center lines and a diagonal connecting the two points, one point at
each street center line. The point along the secondary street center
line shall be 10 feet back from the pavement line of the through street.
The points along the center line of the through street shall be set
in accordance with the following table:
|
Road Classification
|
Speed
(miles per hour)
|
Distance
(feet)
|
|---|---|---|
|
Local access
|
25
|
280
|
|
Marginal access
|
25
|
280
|
|
Minor
|
30
|
335
|
|
Collector
|
40
|
445
|
|
Connector
|
50
|
555
|
(3)
Whenever a portion of the line of such triangle occurs behind (from
the street) the building setback line, such portion shall be shown
on the final plan of the subdivision and shall be considered a building
setback line.
Q.
Driveways. Driveways shall comply with the following standards:
(1)
Driveways shall not be permitted to have direct access to public
streets unless authorized by the Borough or the Pennsylvania Department
of Transportation, as applicable, via issuance of a highway occupancy
permit.
(2)
Lots shall not be platted which would result in driveways which would
exceed 15% in grade or as otherwise required by state or Borough regulations.
(3)
Entrances shall be rounded at a minimum radius of five feet or shall
have a flare construction that is equivalent to this radius at the
point of intersection with the cartway edge.
(4)
Future driveways which are to be constructed adjacent to a street
intersection shall be shown on the preliminary and final plans.
(5)
A leveling area not exceeding 4% in grade and not less than 25 feet
in length shall be provided where a driveway intersects with the right-of-way
of the adjoining road.
(6)
Adequate provision shall be made for parallel drainage facilities.
(7)
The minimum vertical curve for residential driveways shall be two
feet per 1% change in grade.
(8)
The minimum distance between a driveway or point of access and the
nearest intersecting street shall be as follows:
|
Type of Subdivision or Land Development
|
Distance between center lines of driveway and nearest intersecting
street right-of-way by
Type of Intersecting Street
(The nearest intersecting street shall be construed as being
on the same or the opposite side of the street on which the driveway
is proposed.)
| ||
|---|---|---|---|
|
Arterial
(feet)
|
Connector
Collector
(feet)
|
Minor
Local Access
Marginal Access
(feet)
| |
|
Residential
|
150
|
100
|
75
|
|
Nonresidential
|
300
|
200
|
150
|
R.
Bridges and stream crossings. Bridges and other stream-crossing structures
which are part of the proposed street system shall be designed and
constructed in accordance with the current Pennsylvania Department
of Transportation standards and specifications for the proposed load.
Evidence of compliance with any state or federal requirements shall
be provided. At a minimum, the width of the bridge or stream crossing
shall be equal to the travel-way width of the roadway carried by the
bridge or stream crossing.
S.
Clearing and grubbing. The right-of-way for all streets shall be
cleared and grubbed only to the extent necessary to provide the required
street cartway, cuts and fills, and associated drainage facilities.
(1)
All trees, stumps, roots, and other material deemed unsuitable by
the Borough for underlying the street improvements shall be removed
from the grading area and shall be properly disposed of.
(2)
Voids created by the removal of stumps or roots shall be backfilled
and compacted to the satisfaction of the Borough.
(3)
Rocks greater than 12 inches in diameter shall be removed to a minimum
depth of six inches below the finished subgrade.
(4)
All cleared and grubbed areas shall be inspected and approved by
the Borough Engineer prior to the subbase installation.
T.
Cuts and fills. All cuts and fills shall be constructed as follows:
(1)
The maximum slope of any earth embankment or excavation shall not
exceed one foot vertical to two feet horizontal unless stabilized
by a retaining wall or cribbing, except as approved by the Council
for special conditions.
(2)
The maximum slope of any rock excavation shall not exceed four feet
vertical to one foot horizontal.
(3)
All embankments shall be compacted to prevent erosion.
(4)
Cuts and fills shall be stabilized to prevent surface water from
damaging the cut face of excavations or the sloping surfaces of fills.
(5)
Fills shall be placed in lifts and compacted in accord with specifications
of PennDOT Publication 408, latest edition, to minimize sliding or
erosion of the soil.
(6)
Fills shall not encroach on natural watercourses or constructed channels,
and fills placed adjacent to such natural watercourses or constructed
channels shall have suitable protection against erosion during periods
of flooding.
(7)
Grading shall be done in a manner so as not to divert water onto
the property of another landowner without the written consent of the
landowner.
(8)
During grading operations, necessary measures for dust control shall
be exercised.
(9)
Grading equipment shall not be allowed to cross streams except by
PA DEP permit, and adequate provisions shall be made for the installation
of culverts and bridges.
U.
Subgrade, base and surface.
(1)
Subgrade.
(a)
The design and construction of the roadbed shall take into consideration
the supporting capacities of the subgrade, with particular attention
to those soils which are subject to frost heave.
(b)
Subgrade, parallel and cross-drainage facilities shall be provided
when necessary and shall be located, designed and installed to maintain
proper drainage.
(c)
Unsuitable soils, as identified by the project engineer and
confirmed by the Borough's Engineer, shall be removed and replaced,
drained or otherwise stabilized to provide adequate support for the
roadbed and anticipated loads. If construction of a roadbed in such
locations, and particularly on soils identified in the Monroe County
Soil Survey as subject to frost heave, is proposed, the Borough shall
require such drainage facilities and/or underdrains and subgrade drains
as necessary to stabilize the subgrade. The design of such facilities
shall be approved by the Borough.
(2)
Subbase and base course. Subbase and base course aggregate material
shall conform in type and be compacted to the depths shown in Table
VI-2[7] of this chapter in accordance with the latest specifications
of PennDOT (Form 408) and the requirements of the Borough.
[7]
Editor's Note: Table VI-2 is an attachment to this chapter.
(3)
Surface course. The bituminous surface course shall conform in type
and be compacted to the depths shown in Table VI-2[8] of this chapter in accordance with the latest specifications
of the PennDOT (Form 408) and the requirements of the Borough.
[8]
Editor's Note: Table VI-2 is an attachment to this chapter.
(5)
Commercial/industrial areas. Any street serving a commercial or industrial
area shall be designed and constructed to collector street standards.
(6)
Parking lanes. Where curbs are required and/or provided for collector
streets, the parking lane (between the travel way and the curb) shall
be not less than 10 feet wide and shall be constructed to the same
standards as the travel way. The parking lane shall be not less than
eight feet wide for minor streets and six feet wide for local and
marginal access streets, and it shall be constructed of the same material
and to the same depth as required for shoulders and be stabilized
by the application of bituminous product.
(7)
Alternative designs. Alternative roadbed designs may be proposed and will be considered in accord with § 187-79. The alternate design must provide load capabilities equivalent to or higher than the capabilities of the designs set forth above. Alternate designs will be reviewed on the basis of design recommendations of the Asphalt Institute.
V.
Walls, slopes, and guide rails.
(1)
Where the grade of the street is above or below the grade of the
adjacent land, walls or slopes shall be constructed in a manner satisfactory
to the Borough to support the street or the adjacent land, as the
case may be.
(2)
Guide rails shall be installed at points where a road or required
parking area will be constructed three feet or more above existing
grade or as otherwise determined by the Borough's Engineer in
accord with PennDOT standards.
W.
Curbs and gutters.
[Amended 5-2-2011 by Ord.
No. 3-2011[10]]
(1)
Curbs shall be required along all new and existing streets as follows:
(a)
In nonresidential developments, or higher density residential
developments, or where other similar intensive uses exist or are anticipated,
curbs shall be required if deemed necessary by the Council for public
safety.
(b)
Along all new and existing streets where sidewalks are required.
(c)
Where curbs exist on abutting properties, their extension shall
ordinarily be required throughout the proposed subdivision.
(d)
Where curbs are not required, adequate gutters shall be graded
and protected by seeding or appropriate surfacing.
(2)
Design standards. Curbs and gutters shall be designed and constructed
as follows:
(a)
Minimum curb or pavement edge radii at street intersections
shall equal that required for the cartway edge.
(b)
Minimum curb construction standards are as follows:
[1]
Straight curbs of Portland cement concrete shall be 21 inches
in depth, six inches wide at the top, and eight inches wide at the
bottom, and shall have an exposed face between six inches and eight
inches. Concrete shall be in accordance with class A cement concrete
as specified in PennDOT Publication 408. Expansion joints shall be
provided at least every 20 feet.
[2]
The Council may require steel reinforcing of Portland cement
concrete curbs.
(c)
If gutters are provided, they shall be in conformance with good
engineering practice and subject to the approval of the Borough's
Engineer. Gutters and/or drainage swales shall be designed to prohibit
erosive velocities, and paving may be required if runoff velocities
exceed 5.0 fps when calculated in accordance with PennDOT Manual,
Part 2. Velocity calculation shall be placed on the center-line profile
drawings or shall be submitted separately with the profiles.
[10]
Editor's Note: This amendment was unintentionally excluded
from the 2014 Subdivision and Land Development Ordinance; provisions
were effectively restored to this chapter by Borough Council 5-5-2014.
X.
Sidewalks. Sidewalks, where required or provided, shall be located
within the street right-of-way in accord with the required landscape
plan and the following:
(1)
Sidewalks and street crosswalks in residential and nonresidential
subdivisions or land developments shall have a minimum width of four
feet.
(2)
The type of construction permitted is as follows:
(a)
Sidewalks and crosswalks shall be Portland cement concrete of
at least four inches thick underlain by four inches of compacted cinder,
gravel, or crushed stone.
(b)
Sidewalks at driveway crossings shall be at least six inches
thick reinforced and underlain by four inches of compacted cinder,
gravel, or crushed stone.
Y.
Parking on streets. Off-street parking for all uses shall be provided
in accord with the Borough's Zoning Ordinance,[11] and streets shall not be designed to accommodate on-street parking except in accord with § 187-48U(6).
Z.
Driveway and cross drainage. At each point where a street is intersected by a driveway that requires surface drainage water to be carried under the driveway at the intersection, a culvert pipe shall be installed across the width of the driveway to meet the drainage requirements determined in accord with § 187-50 of this chapter. Such cross drains as may be necessary shall also be installed under the street in accord with the drainage plan. Pipes shall be installed at such depth and in such manner as dictated by the site, and no pipe shall be installed that is less than 18 inches in diameter. (See § 187-50 for additional requirements.)
AA.
Alleys. Alleys shall not be permitted.
Monuments and markers shall be placed so that the center, scored
or marked point shall coincide exactly with the intersection of the
lines being monumented or marked and shall conform to the following:
A.
Monuments.
(1)
Monuments shall consist of either:
(a)
Solid steel rods not less than one inch in diameter and not
less than 36 inches in length (preferably 42 inches to 48 inches).
(b)
A two-inch (inside diameter) galvanized pipe filled with concrete
at least 36 inches in length (preferably 42 inches to 48 inches).
(c)
A concrete cylinder four inches in diameter and at least 36
inches in length (preferably 42 inches to 48 inches).
(d)
Other types approved by the Council.
(2)
Monuments shall be set flush with the finish grade of the surrounding
ground.
(3)
All monuments shall be placed under the direction of a registered
professional land surveyor who will take full responsibility for their
accuracy and placement.
(4)
Monuments shall be placed as follows:
(a)
At all exterior property corners where permanent corners do
not exist at the time of the perimeter survey. (Existing permanent
corners shall not be removed or replaced but shall be noted on the
plan as existing and described.)
(b)
One monument for every 10 lots proposed shall be placed at street
intersections and intersections of rear lot lines, the location of
which shall be proposed by the developer and approved by the Borough.
An adequate number of monuments shall be provided so that in no case
shall the distance between monuments exceed 1,000 feet.
B.
Markers.
(2)
Markers normally shall be set two inches above the finish grade of
the surrounding ground.
(3)
All markers shall be placed under the direction of a registered professional
land surveyor who will take full responsibility for their accuracy
and placement.
(4)
Markers shall not be placed until road grading has been completed.
A.
Stormwater management plans; ordinance. The Borough lies in the Tobyhanna
Creek Watershed and the Brodhead Creek Watershed, and a stormwater
management plan has been adopted for each watershed under the terms
of the Pennsylvania Storm Water Management Act. The Borough has adopted
an ordinance specifically governing stormwater management in each
watershed, and all subdivisions and land development shall comply
with those requirements.
B.
Compliance with state regulations. The plan shall meet the intent
of § 13 of the Pennsylvania Storm Water Management Act[1] and other applicable regulations to assure that the maximum
rate of stormwater runoff is no greater after development than prior
to development activities or the quality, velocity and direction of
stormwater is managed in a manner which otherwise adequately protects
health and property from possible injury. Said plan shall comply with
all PennDOT requirements.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
C.
Plan. A stormwater drainage and management plan shall be required
for all major subdivisions and all land developments and shall be
subject to the approval of the Council with the recommendation of
the Borough's Engineer. The plan shall show all existing surface
drainage features and shall include all appropriate designs, details,
and dimensions necessary to clearly explain proposed construction
materials, grades, and elevations. The developer shall submit the
plan and all associated engineering calculations to the Planning Commission
at the time of subdivision or land development plan submission.
D.
Requirements.
(1)
The basic goal of the stormwater management plan shall be to maximize
the on-site infiltration of stormwater and minimize the overall volume
of stormwater leaving the property after development, and the plan
shall incorporate best management practices to achieve this goal.
(2)
The Planning Commission shall, in cases where existing drainage problems,
flooding or other factors relating to the public health, safety, and
welfare, and upon the recommendation of the Borough's Engineer,
require that the proposed stormwater control facilities be designed
to more stringent storm frequency and/or other criteria, or it shall
require the provision of stormwater control facilities in areas where
no such facilities are proposed by the developer.
(3)
All proposed stormwater drainage structures shall be indicated on
the drainage plan submitted with the subdivision or land development
plan and shall be considered "improvements" for the purposes of final
subdivision approval. Construction materials shall comply with the
latest PennDOT Publication 408 standards and the applicable PennDOT
RC standards for construction.
(4)
Stormwater or natural drainage water shall not be diverted to overload
existing drainage systems or create flooding or the need for additional
stormwater management or drainage facilities on other properties without
the written consent of the owners of such properties and the provision
by the developer of facilities to control the stormwater or drainage.
(5)
Where a subdivision is traversed by a natural drainageway or channel,
the developer shall reserve a drainage easement conforming substantially
with the line of such drainageway or channel and of such width as
determined by the Planning Commission adequate to preserve the unimpeded
flow of natural drainage or for the purpose of widening, deepening,
relocating, maintaining, improving, or protecting such drainage facilities.
A drainage easement shall also be so provided for all proposed stormwater
control facilities.
(6)
Where a subdivision is traversed by a watercourse, there shall be
provided a drainage easement of not less than 25 feet on each side
of the stream from each stream bank or such additional width as will
be adequate to preserve the unimpeded flow of the watercourse.
(7)
In no case shall any pipe system of less than 18 inches be installed
underneath a street or driveway, and all pipes shall be of a plastic,
PVC, concrete or other material of an equal or greater useful life,
meeting the requirements of PennDOT Publication 408, latest edition.
(8)
Drainage structures that are located on state highway rights-of-way
shall be approved by the Pennsylvania Department of Transportation,
and a letter from that agency indicating such approval shall be directed
to the Borough prior to final plan approval.
(9)
Lots shall be laid out and graded to prevent cross-lot drainage and
to encourage drainage away from proposed building areas.
(10)
Drainage easements of a minimum of 10 feet in width shall be
provided on each side of all side and rear lot lines and adjacent
to street rights-of-way as required by the stormwater drainage and
management plan.
(11)
Paved street shoulders, gutters, and/or drainage swales and
riprap of drainage swales may be required to provide for adequate
stormwater management.
E.
Maintenance of stormwater control facilities.
(1)
Maintenance of stormwater control facilities, including easements
between lots, shall be the responsibility of the owner of said facilities.
A legally binding agreement shall be required between the owner and
the Borough to provide for such maintenance and providing for inspections
by the Borough.
(2)
In cases where a property owners' association is created for
the ownership, operation, and maintenance of common facilities, such
property owners' association shall be responsible for the maintenance
of stormwater control facilities, and such maintenance shall be established
in the deed covenants and restrictions.
(3)
When stormwater management control facilities are located on an individual
lot, and when such facilities are the responsibility of that landowner
to maintain, a description of the facility or system and the terms
of the required maintenance shall be incorporated as part of the deed
to the property.
(4)
If the Borough determines at any time that any permanent stormwater
management control facility has been eliminated, altered, or improperly
maintained, the owner of the stormwater control facility shall be
advised of the corrective measures required and given a reasonable
period of time to take necessary action. If such action is not taken
by the property owner, the Borough may cause the work to be done and
lien all costs against the property.
All soil erosion and sedimentation control plans shall meet
the specifications of and shall be approved by the Monroe County Conservation
District and PA DEP. Said plan shall comply with Commonwealth of Pennsylvania,
Title 25, Chapter 102, Department of Environmental Protection regulations
for soil erosion and sedimentation control. Erosion and sedimentation
controls shall be installed according to the approved plan and shall
be maintained by the developer in proper functioning condition until
stabilization of the area is completed as determined by the Monroe
County Conservation District. Preliminary plan approval shall be conditioned
on all required approvals and permits from the Monroe County Conservation
District and/or PA DEP.
A.
All subdivisions and land developments shall be connected to the
public water system serving the Borough, and water supply systems
meeting the requirements of the water system owner shall be provided
by the developer.
B.
All water systems shall be designed and certified by a registered
professional engineer or other individual otherwise certified for
such design work, and all systems shall be designed in accord with
all applicable federal, state, and local standards.
A.
General standards:
(1)
All subdivisions and land developments shall be served by an adequate
sewage disposal system, and the developer shall provide evidence documenting
said adequacy.
(2)
All suppliers of non-municipally-owned sewer services shall be organized
in such a fashion as may be required by the Pennsylvania Public Utility
Commission, and the developer shall provide for operation, maintenance,
and continuity of services in a manner which is acceptable to the
Council.
(3)
One copy of all correspondence, supporting documentation, applications
for permits and certificates for operation submitted to the PA DEP
and/or the Pennsylvania Public Utilities Commission (PA PUC) for the
right to provide such services shall be forwarded to the Borough as
a part of the public record. One copy of the permit and/or certificate
of convenience issued by PA DEP and/or the PA PUC authorizing such
services shall be forwarded upon receipt to the Borough as a part
of the public record.
(4)
In the case of utilization of a publicly owned or other existing
central sewage disposal system, the developer shall submit, at the
preliminary stage, a letter from the operator of such utility indicating
the utility owner's willingness to supply service to the development
and including a verification of the adequacy of the utility system
to serve the proposed development. At the final approval stage, an
executed agreement with the service supplier shall be submitted.
(5)
All required certificates of convenience, approvals and permits shall
be obtained by the developer and/or the utility owner as a condition
of preliminary approval and shall be submitted with the final plan
application.
(6)
All sewage disposal systems shall be designed and certified by a
registered professional engineer or other individual otherwise certified
for such design work, and all systems shall be designed in accord
with all applicable federal, state, and local standards.
(7)
Pressure testing of all collection/conveyance of any central water supply or central sewage disposal system lines shall be required as part of the inspections required in accord with Article VI of this chapter. All such testing shall be conducted in accord with the procedures specified by the Borough's Engineer.
(8)
All sewage disposal systems shall be consistent with the Borough
Sewage Facilities Plan, and the PA DEP required sewage planning modules
shall be submitted by the developer.
B.
On-lot sewage disposal.
(2)
Site suitability.
(a)
All residential lots in developments proposing the use of on-site
sewage disposal shall contain two areas suitable for such a disposal
system with such areas indicated on the preliminary plan and final
plan. One area shall be used for installation of the system and the
second area shall be reserved for future use should the constructed
sewage system fail beyond repair. All sewage disposal areas shall
remain undisturbed, and this shall be assured via a covenant placed
on the plan.
(b)
Prior to any action on the preliminary plan by the Planning
Commission, the applicant must document that all lots in subdivisions
proposing on-site sewage disposal contain a suitable area as tested
by the Borough SEO in accord with PA DEP requirements and this chapter,
or that all lots are already served by an adequate, existing sewage
disposal system.
(c)
Should the applicant propose the use of on-lot systems which
do not require soil testing, documentation shall be provided that
the affected lots are suitable for the proposed system. In addition,
a note shall be placed on the preliminary plan and final plan detailing
the type of system(s) proposed and stating that the affected lots
have not been tested for a soil-based system.
(3)
System maintenance. In order to extend the useful life of on-site sewage disposal systems and minimize on-site disposal system problems, the developer shall, for all subdivisions of 10 lots or more, provide for on-site system maintenance via the creation of a property owners' association (POA). This requirement shall also apply to any subdivisions of less than 10 lots if a POA is otherwise required or proposed. Such POA shall be created in accord with § 187-40 of this chapter, and it shall provide for the inspection of the on-site systems and the pumping of septic tanks at intervals of not less than three years from the date of the operation of each system. The POA shall file with the Borough an annual report detailing which systems have been inspected and pumped, showing receipts for same from a septage hauler disposing of the septage at a PA DEP-licensed facility. Failure of the POA to comply with this Subsection B(3) shall be considered a violation of this chapter.
C.
Central sewage disposal system. In addition to the following standards,
the Borough Sewage Facilities Ordinance shall govern all central sewage
disposal facilities, as defined by that ordinance.[2]
(1)
Public sewage disposal. All proposed developments shall connect to
such system in accord with the requirements of the Borough Sewage
Facilities Plan, the Borough's Municipal Authority, the PA DEP,
and the PA PUC.
(2)
Project system. If the Borough's municipal sewage system is
not accessible and sewage disposal is to be furnished on a project
basis, the applicant shall, upon submission of the subdivision or
land development plan, submit written evidence that he has complied
with all Borough, county, and state regulations, and that the proposed
system to be installed meets the requirements of the PA DEP and any
other applicable regulations.
(a)
All central sewage disposal systems shall be consistent with
the sewage feasibility studies and plans of the Borough.
(b)
All sewage collection and treatment facilities shall be designed
and constructed in accordance with regulations and requirements of
PA DEP and applicable Borough ordinances, and they shall meet the
requirements of the Municipal Authority to ensure compatibility if
such system is at some point connected to the Borough's system.
(c)
All central sewage disposal systems shall be designed and constructed
to provide adequate capacity for the ultimate flow of the subject
development. The Borough may also require that any central sewage
disposal system be designed and constructed to provide for service
to adjacent or nearby properties. In such instances, developers shall
be financially responsible solely for those costs associated with
their individual development.
(d)
All central sewage disposal systems using subsurface or land
application of sewage effluent shall be designed and constructed in
accord with applicable PA DEP standards, and a suitable replacement
area for the effluent disposal area shall be provided.
D.
Community system maintenance. In order to extend the useful life of community sewage disposal systems and minimize disposal system problems, the developer shall, for all subdivisions or land developments using a community system, provide for system maintenance via the creation of a property owners' association. Such POA shall be created in accord with § 187-40 of this chapter, and it shall provide for the inspection of the community system each year and the pumping of septic tanks at intervals as required but not less once every three years from the date of the operation of each system. The POA shall file with the Borough an annual report detailing which systems have been inspected and pumped, showing receipts for same from a septage hauler disposing of the septage at a PA DEP-licensed facility. Failure of the POA to comply with this § 187-53D shall be considered a violation of this chapter.
All utility lines required to service the subdivision shall
be planned in cooperation with the respective utility companies. A
letter shall accompany the subdivision or land development plan stating
that the utility plan has been reviewed by the applicable utility
company, such plan is approved, and service will be available. All
cables, wires, conduits, pipes, and lines servicing the development
shall be subject to the requirements set forth in this chapter.
See § 187-48X.
A landscape plan meeting the requirements of this section shall
be prepared for all land developments and major subdivisions, and
no land development or major subdivision shall be finally approved
until all landscaping has been installed or guaranteed in accord with
this chapter.
A.
Legislative intent. It is the intent of these landscape planting
requirements to conserve existing healthy plant communities, such
as woodlands, and to require new landscape plantings in critical areas
of new developments in order to:
(1)
Reduce soil erosion and protect surface water quality by minimizing
stripping of existing woodlands or tree masses.
(2)
Reduce stormwater runoff velocity and volume by providing planting
areas where stormwater can infiltrate.
(3)
Improve air quality by conserving existing or creating new plantings,
which produce oxygen and remove carbon dioxide from the atmosphere.
(4)
Encourage tree planting and landscaping along public streets. (See
definition of "improvement.")
(5)
Provide windbreaks, shade, and the other microclimate benefits of
trees and landscape plantings.
(6)
Conserve historically, culturally, or environmentally important landscapes
such as wooded hillsides, scenic views, or aesthetic natural areas.
(7)
Preserve and enhance property values through the implementation of
good landscape architectural standards.
(8)
Provide planted buffers between land developments, which act to visually
integrate a development into the existing landscape.
(9)
Provide planted and architectural visual screens around visually
obtrusive site elements within development.
(10)
Enhance the aesthetic appearance of the community and provide
privacy and beauty.
(11)
Improve traffic flow in parking lots by requiring planted parking
islands and medians to separate traffic.
(12)
Conserve energy by moderating solar radiation and providing
shade.
(13)
Improve the environment for pedestrians along streets, parking
lots, and other pedestrian areas.
(14)
Aesthetically improve stormwater management facilities, such
as detention basins, without impairing function.
B.
Minimum number of trees; preservation of existing vegetation. (See § 187-56G for plant specifications.) Unless other provisions of this chapter require more trees or vegetation, each development site shall include a minimum of 12 deciduous or evergreen trees for each one acre of the gross area of the development tract. Each deciduous canopy tree shall be four-inch caliper or greater, each deciduous ornamental tree shall be two-and-one-half-inch caliper, and each evergreen tree shall be eight to 10 feet in height or greater.
C.
Parking lot landscaping.
(1)
Landscaping benefits. Parking lots shall be landscaped with trees
and shrubs to reduce the impact of glare, headlights, and parking
lot lights; to delineate driving lanes; define rows of parking; and
facilitate pedestrian circulation. Furthermore, parking lots shall
be landscaped to provide shade in order to reduce the amount of reflected
heat and to improve the aesthetics of parking lots.
(2)
Lots with 10 or more stalls. All parking lots with 10 or more stalls
shall be landscaped in accord with the criteria in this section.
(a)
One planting island shall be provided for every 10 parking stalls.
There shall be no more than 15 contiguous parking stalls in a row
without a planting island.
(b)
The ends of all parking rows shall be divided from drives by
planting islands.
(c)
In residential developments, large parking lots shall be divided
by planting strips into smaller parking areas of no more than 40 stalls.
(d)
In nonresidential developments, large parking lots shall be
divided by planting strips into smaller parking areas of no more than
100 stalls.
(e)
Planting islands shall be a minimum of nine feet by 18 feet
in dimension, underlain by soil (not base course material), mounded
at no more than a 3:1 slope nor less than a 5:1 slope, and shall be
protected by curbing or bollards. Each planting island shall contain
a minimum of one shade tree plus shrubs and/or ground cover sufficient
to cover the entire area.
(f)
All planting strips shall be a minimum of eight feet wide. Strips
shall run the length of the parking row, underlain by soil (not base
course material), shall be designed to encourage the infiltration
of stormwater insofar as possible, and shall be protected by curbs,
wheel stops, or bollards. Planting strips shall contain plantings
of street-type shade trees at maximum intervals of one tree per 30
feet, plus shrubs and/or ground cover, as approved by the Borough,
to cover the entire area.
(g)
The placement of light standards shall be coordinated with the
landscape plan to avoid a conflict with the effectiveness of light
fixtures.
(3)
Buffers. All parking lots shall be buffered from public roads and from adjacent properties as required in § 187-56F.
(4)
Reserved parking areas. The number of trees in parking areas which have been reserved in accord with § 215-22D of the Borough's Zoning Ordinance shall not be counted toward the minimum required by this § 187-56. This area shall remain undisturbed or shall be landscaped in accord with the minimum requirements specified in § 187-56B.
D.
Street trees.
(1)
Street trees required. Street trees shall be required:
(a)
Along all existing streets abutting or within the proposed subdivision
or land development.
(b)
Along all proposed streets.
(c)
Along access driveways that serve five or more residential dwelling
units.
(d)
Along access driveways that serve two or more nonresidential
properties.
(e)
Along major walkways through parking lots and between nonresidential
buildings, as recommended by the Planning Commission.
(2)
Waiver for existing vegetation. The street tree requirement may be
waived by the Council where existing vegetation is considered sufficient
to provide effective screening and to maintain scenic views of open
space, natural features, or other valued features.
(3)
Standards. Street trees shall be located between the ultimate right-of-way
line and the building setback line and shall meet the following standards:
(a)
Trees shall be planted at a ratio of at least one tree per 40
linear feet of frontage or fraction thereof. Trees shall be distributed
along the entire frontage of the property, although they need not
be evenly spaced.
(b)
In nonresidential developments, trees shall be located within
a planting bed within the front yard setback at least 10 feet in width,
planted in grass or ground cover. In areas where wider sidewalks are
desirable, or space is limited, tree planting pits within the sidewalk
may be approved.
(c)
Trees shall be located so as not to interfere with the installation
and maintenance of sidewalks and utilities. Trees shall be planted
a minimum distance of three feet from curbs and sidewalks, 15 feet
from overhead utility poles with appropriate species selection for
trees under utility wires, and six feet from underground utilities.
(d)
(Reserved)
E.
Stormwater basins and associated facilities. Landscaping shall be
required in and around all stormwater management basins according
to the following:
(1)
Vegetative cover required. All areas of stormwater management basins, including basin floors, side slopes, berms, impoundment structures, or other earth structures, shall be planted with cover vegetation such as lawn grass or naturalized plants specifically suited for stormwater basins. (See § 187-56H for plants for stormwater basins.)
(a)
Lawn grass areas shall be sodded or hydro-seeded to minimize
erosion during the establishment period, and once established these
areas shall be maintained at a height of not more than six inches.
(b)
Naturalized cover plants, such as wildflowers, meadows, and
nonaggressive grasses specifically designed for the permanently wet,
intermittently wet, and usually dry areas of stormwater basins, may
be planted as an alternative to lawn grass, provided:
(c)
Trees and shrubs shall be allowed in and around stormwater basins,
provided no interference is caused to the proper function of the basin,
and trees or shrubs shall not be planted on an impoundment structure
or dam.
(2)
Basin shape. Basin shape shall incorporate curvilinear features to
blend with the natural surrounding topography, and the use of sharp
geometric shapes shall be avoided.
(3)
Basin grades. Minimum grades inside stormwater basins shall be 1%
unless infiltration is an integral part of the design, and maximum
side slopes of the basin shall be 33% (3:1 slope).
(4)
Buffers. Stormwater basins shall be buffered with landscaping from adjacent properties in accord with § 187-56F.
|
Table 615-1
| ||||
|---|---|---|---|---|
|
Property Line and Road Right-of-Way Buffers
| ||||
|
[See § 187-56F(3) for buffer intensity requirements]
| ||||
|
Property-Line Buffers - applies to side and rear property lines
| ||||
|
Adjacent Use
| ||||
|
Office/ Institutional Public Recreation
|
Commercial/ Industrial
|
Multifamily Mobile Home Park
|
Single-Family Two-Family
| |
|
Proposed Use
|
Buffer Type/Width
(feet)
| |||
|
Office/ Institutional
|
Low/10
|
Low/10
|
Medium/15
|
High/20
|
|
Commercial/ Industrial
|
Medium/15
|
Low/10
|
High/20
|
High/20
|
|
Residential*
|
Low/10
|
Medium/15
|
Low/10
|
Medium/15
|
|
Active Recreation (play fields, golf courses, swim clubs, etc.)
|
Low/10
|
None
|
Low/10
|
Low/10
|
|
*
|
Buffers are required for all multifamily and mobile home parks.
|
|
Parking Lot Buffers along Road Rights-of-Way
| |
|---|---|
|
Size of Parking Lot
|
Buffer Type/Width
(feet)
|
|
10 spaces or less
|
Low/10
|
|
11 to 50 spaces
|
Medium/20
|
|
More than 50 spaces
|
High/30
|
F.
Buffers and screens.
(1)
Property lines and site elements. All subdivisions and land developments
shall be landscaped with the following two components:
(3)
Property line and road right-of-way buffer requirements.
(a)
Property line and road right-of-way buffers shall be required
for the following types of development:
(b)
An on-site investigation by the applicant shall identify the
adjacent land uses along each property boundary. In the case of vacant
land, the uses permitted by the Zoning Ordinance[1] shall be used. The existing or zoned uses shall be noted
on the plan, and in the case of several permitted uses on a site,
the most restrictive requirements shall apply. The Council shall make
the final determination of the designation of the existing or zoned
land uses.
(c)
The width and quantity and type of plants required shall be
determined by the intensity of the proposed land use and the adjacent
land use, vacant land, or zoning district, according to the table
in Table 615-1.
(d)
Buffer area location and dimensions.
[1]
The buffer area may be included within the front, side, or rear
yard setback.
[2]
The buffer area shall be a continuous pervious planting bed
consisting of trees and shrubs, grass or ground cover.
[3]
Parking shall not be permitted in the buffer area.
[4]
Site element screens shall be permitted in the buffer area.
[5]
Stormwater basins shall be permitted in the buffer area.
(e)
Plant quantities and types. In accord with Table 615-1, for
every 100 linear feet of property line to be buffered, the following
minimum quantities and types of plants shall be required:
|
Buffer Type
|
Plants
(per 100 linear feet)
|
|---|---|
|
Low
|
2 canopy trees, 1 ornamental tree, and 5 shrubs
|
|
Medium
|
2 canopy trees, 2 ornamental trees, 2 evergreen trees, and 10
shrubs
|
|
High
|
5 evergreen trees, 2 ornamental trees, 2 canopy trees, and 20
shrubs
|
(f)
Design criteria:
[1]
The required plants shall be distributed over the entire length
and width of the buffer area.
[2]
Buffer plants may be arranged symmetrically (formal) or asymmetrically
(informal) and may be grouped to form plant clusters. However, informal
groupings that reflect the natural character of the region are encouraged.
[3]
Plants shall be spaced to provide optimum growing conditions.
[4]
A variety of tree species is required as follows:
|
Number of Trees
|
Minimum Number of Tree Species
|
Maximum Percent of Any One Species
|
|---|---|---|
|
0 to 5
|
1
|
100%
|
|
6 to 15
|
2
|
50%
|
|
16 to 30
|
3
|
40%
|
|
31 to 50
|
4
|
30%
|
|
51+
|
6
|
20%
|
(g)
Existing healthy trees, shrubs, or woodlands may be substituted
for part or all of the required plants with the approval of the Council.
The minimum quantities and/or visual effect of the existing vegetation
shall be equal to or exceed that of the required buffer, as determined
by the Borough.
(h)
Existing topographic conditions, such as embankments or berms,
in conjunction with existing vegetation, may be substituted for part
or all of the required property line buffers with the approval of
the Council. The minimum visual effect shall be equal to or exceed
that of the required buffer.
(4)
Site element screens.
(a)
Site element screens shall be required in all proposed land
developments around the following site elements when these are located
partially or fully within 100 feet of a property line or existing
road right-of-way:
[1]
Parking lots.
[2]
Dumpsters, trash disposal, or recycling areas.
[3]
Service or loading docks.
[4]
Outdoor storage.
[5]
Vehicle storage.
[6]
Multifamily rear yards.
[7]
Active recreation facilities.
[8]
Detention basins.
[9]
Sewage treatment plants and pump stations.
|
Table 615-2
| ||||
|---|---|---|---|---|
|
Site Element Screens
| ||||
|
[See § 187-56F(4)(f) for screen types and design criteria]
| ||||
|
Existing Adjacent Land Use
(or Zoned Uses When Undeveloped*)
| ||||
|
Proposed Use
|
Office or Institutional
|
All Other Non-residential
|
Single-Family, Two-Family, Townhouses
|
All Roads
|
|
Dumpster, trash, or recycling area
|
4 or 8
|
3 or 4
|
4 or 8
|
4 or 8
|
|
Service or loading docks
|
2 or 5
|
—
|
2 or 5
|
2 or 5
|
|
Outdoor sales yard and vehicle storage (excluding vehicle sales
areas)
|
1
|
1
|
1
|
1, 7 or 9
|
|
Multifamily rear yards
|
—
|
—
|
—
|
6
|
|
Active recreation facilities (tennis, basketball, court games,
etc.)
|
—
|
—
|
7
|
—
|
|
Retention or detention basins
|
6
|
—
|
6
|
—
|
|
Sewage treatment plants and pump stations
|
1 or 8
|
—
|
1 or 8
|
1 or 8
|
|
*
|
When residential and nonresidential uses are allowed by the
zoning district on undeveloped adjacent land, the residential requirements
shall apply.
|
(b)
An on-site investigation by the applicant shall identify the
adjacent land uses along each property boundary. In the case of vacant
land, the uses permitted by the Zoning Ordinance[2] shall be used. The existing or zoned uses shall be noted
on the plan, and in the case of several permitted uses on a site,
the most restrictive requirements shall apply. The Council shall make
the final determination of the designation of the existing or zoned
land uses.
(c)
The type of site element screen required shall be determined
by the site element and the adjacent existing land use or zoned use
in the case of vacant land, according to Table 615-2.
(d)
Site elements not included in the above list that have similar
visual impact shall be screened in accord with requirements for the
most similar elements as determined by the Council.
(e)
The site element screen shall be placed between the site element
and the property line and shall be designed to block views to the
maximum extent possible. Unless the screen is most effective at another
location, it shall be located as close as possible to the site element
and shall surround the element without impeding function or encroaching
on sight triangles.
(f)
Screen types and design criteria. The following types of screens
shall be used where specified in Table 615-2.
|
Screen Type
|
Design Criteria
|
|---|---|
|
Screen Type #1: Evergreen or deciduous shrubs
|
Shrubs shall be placed 3 feet on center in a minimum 5-foot-wide
bed surrounding the site element and arranged to provide a continuous
hedge-like screen up to a minimum height of 3.5 feet at maturity.
Shrubs may be clipped to form a hedge or left in their natural habit
|
|
Screen Type #2: Double row of evergreen trees.
|
A double row of evergreen trees shall be placed 10 feet on center
and offset 10 feet to provide a continuous screen at a minimum height
of 12 feet at maturity
|
|
Screen Type #3: Opaque fence
|
A 6-foot opaque fence surrounding the site element on at least
three sides
|
|
Screen Type #4: Opaque fence with ornamental trees and shrubs
|
A 6-foot opaque fence surrounding the site element on at least
three sides with additional plantings at the minimum rate of 3 shrubs
and 2 ornamental trees or large shrubs for each 10 linear feet of
proposed fence, arranged formally or informally next to the fence
|
|
Screen Type #5: Architectural extension of the building
|
An 8-foot minimum height architectural extension of the building
(such as a wing wall) shall enclose service or loading docks. The
building materials and style of the extension shall be consistent
with the main building
|
|
Screen Type #6: Berm with ornamental trees
|
A 2- to 3-foot-high continuous curvilinear berm with ornamental
trees at the rate of 1 tree for every 20 feet, clustered or arranged
informally. The maximum slope of the berm shall be 3:1
|
|
Screen Type #7: A 2- to 3-foot-high continuous curvilinear berm
with grass alone
|
The maximum slope of the berm shall be 3:1
|
|
Screen Type #8: Evergreen hedge
|
An evergreen hedge (such as Arborvitae, Chamaecyparis, etc.)
with a minimum height at planting of 6-foot plants, 4 feet on center
maximum
|
|
Screen Type #9: Low wall
|
A wall of brick or stone (not concrete block) at least 50% opaque,
no less than 3 and no more than 4 feet in height
|
(g)
Existing healthy trees, shrubs, or woodlands may be substituted
for part or all of the required plants with the approval of the Council.
The minimum quantities and/or visual effect of the existing vegetation
shall be equal to or exceed that of the required screen.
(h)
Existing topographic conditions, such as embankments or berms.
may be substituted for part or all of the required screen with the
approval of the Council. The minimum visual effect shall be equal
to or exceed that of the required screen.
(i)
The applicant may propose the use of alternative screen types
or changes in plants or designs which fulfill the intent of this chapter,
with the approval of the Council.
G.
Materials specifications, maintenance, and guarantee. The following
standards shall apply to all plants or trees as required under this
chapter:
(1)
General requirements.
(a)
The location, dimensions, and spacing of required plantings
shall be adequate for their proper growth and maintenance, taking
into account the sizes of such plantings at maturity and present and
future environmental requirements, such as wind, soil, moisture, and
sunlight.
(b)
Plants shall be selected and located where they will not contribute
to conditions hazardous to public safety. Such locations include,
but are not limited to, public street rights-of-way, underground and
aboveground utilities, and sight triangle areas required for unobstructed
views at street intersections.
(c)
Plastic or other artificial materials shall not be used in place
of plants.
(d)
In cases where landscaped areas exceed one acre in size, an
irrigation system designed in accord with current accepted practice
may be incorporated into the landscaping.
(e)
Frost-proof hydrants shall be provided 200 feet apart in lieu
of an irrigation system.
(2)
Plant specifications.
(a)
All plants shall be healthy and vigorous and shall meet the
minimum standards for health, form, and root condition as outlined
in the latest edition of the American Association of Nurserymen (AAN)
standards.
(b)
All plants shall be selected for hardiness and shall be suitable
for planting in the United States Department of Agriculture hardiness
zone applicable to the Borough and to the specific localized microclimate
and microenvironment of the planting site.
(c)
Canopy trees, sometimes called shade trees, shall reach a minimum
height or spread of 30 feet at maturity as determined by the AAN standards
and shall be deciduous. New trees shall have a minimum caliper of
four inches at planting.
(d)
Ornamental trees or large shrubs shall reach a typical minimum
height of 15 feet at maturity, based on AAN standards. Trees and shrubs
may be deciduous or evergreen and shall have a distinctive ornamental
character, such as showy flowers, fruit, habit, foliage, or bark.
New ornamental trees shall have a minimum height of eight feet or
2.5-inch caliper. New large shrubs shall have a minimum height of
2.5 to three feet at the time of planting.
(e)
Small shrubs may be evergreen or deciduous and shall have a
minimum height at maturity of four feet based on AAN standards. New
shrubs shall have a minimum height of 18 inches at the time of planting.
(f)
Evergreen trees shall reach a typical minimum height of 20 feet
at maturity based on AAN standards for that species and shall remain
evergreen throughout the year. New evergreens shall have a minimum
height at planting of eight to 10 feet.
(3)
Maintenance. The failure to maintain all plants, landscaping and sprinkler or frost-proof hydrants in accord with the following requirements shall constitute a violation of this chapter subject to the penalties prescribed by § 215-120.[3]
(a)
Required plants shall be maintained in a healthy, vigorous condition
and be kept free of refuse and debris for the life of the project
to achieve the required visual effect of the buffer or screen. It
shall be the ultimate responsibility of successive property owners
to ensure that the required plants are properly maintained. Dead or
diseased plants shall be removed or treated promptly by the property
owner and replaced at the next growing season.
(b)
All sight triangles shall remain clear, and any plants that
could endanger safety, such as unstable limbs, shall be removed and
the plants replaced if necessary. It shall be the responsibility of
the property owner to maintain all plants and architectural elements
to assure public safety.
(c)
Maintenance guidelines for the plants are encouraged to be published
by the planting plan designer and be used by grounds maintenance personnel
to ensure that the design's buffering and screening concepts
are continued.
(4)
Landscape replacement; performance guarantee.
(a)
Any tree or shrub that dies within 18 months of planting shall
be replaced by the current landowner or developer. Any tree or shrub
that within 18 months of planting or replanting is deemed, in the
opinion of the Borough, not to have survived or not to have grown
in a manner characteristic of its type shall be replaced. Substitutions
for certain species of plants may be made only when approved by the
Council.
(b)
Landscaping shall be considered an improvement for the purposes
of installation and the provision of a performance guarantee in accord
with this chapter. In addition, the developer or landowner shall provide
to the Borough a performance guarantee equal to the amount necessary
to cover the cost of purchasing, planting, maintaining, and replacing
all vegetative materials for a period of 18 months following the installation
and approval of the landscaping.
H.
List of acceptable plants. All plants used for landscaping and vegetative cover shall be selected from the list of acceptable plants established by resolution of the Council. The list is intended to offer a broad selection of plants suitable for the various required landscapes required by this chapter. Native plants shall be used to the greatest extent possible and are indicated for use in natural or naturalized settings. Plants not found on the list may be substituted, provided that the Council determines that the requirements of § 187-56G(2) are satisfied and the plants are suitable for the proposed purpose and location. However, in no case shall any plant classified as noxious or invasive by any commonwealth agency be planted.
I.
Plan requirements. All areas of the site shall be included in the
landscaping plan, and buffers, screening, and those areas immediately
adjacent to buildings and walkways shall be given extra consideration.
Landscape plans shall be submitted concurrently with all preliminary
and final plans. Landscape plans shall be prepared by a landscape
architect licensed and registered to practice by the Commonwealth
of Pennsylvania or other person deemed qualified by the Borough. In
addition to the information required by the other plan information
provisions of this chapter, the following information shall be provided:
(1)
The preliminary landscape plan shall show the following:
(a)
Existing features. The location and character of existing buildings;
mature trees standing alone; location and elevation of major specimen
trees (12 inches or greater DBH) in any area of the site proposed
for development; outer limits of tree masses and other existing vegetation;
and the location of floodplains, wetlands, and other natural features
that may affect the location of proposed streets, buildings, and landscape
plantings.
(b)
Proposed landscaping.
[1]
Approximate location of all proposed landscaping required by
this chapter.
[2]
Demarcation of existing vegetation "to remain" or "to be removed"
and the means of protecting existing vegetation during construction.
[3]
Approximate location of proposed buildings, paving, utilities,
or other improvements.
(2)
The final landscape plan shall show the following:
(a)
Location of all outside storage and trash receptacle areas.
(b)
Sidewalks, berms, fences, walls, freestanding signs, and site
lighting.
(c)
All existing and proposed contours at an interval deemed adequate
by the Borough to determine the relationship of planting and grading
areas with slopes in excess of 3:1.
(d)
Existing mature trees, woodland, and tree masses to remain.
(e)
Existing mature trees, woodland, and tree masses to be removed.
(f)
Location of all proposed landscaping, including required street
trees, stormwater basin landscaping, parking lot landscaping, property
line buffers, and site element screen landscaping.
(g)
A planting schedule listing the scientific and common name,
size, quantity, and root condition of all proposed plants.
(h)
A schedule showing all landscape requirements and plants proposed
for each category.
(i)
Planting details, including method of protecting existing vegetation
and landscape planting methods.
(j)
Information in the form of notes or specifications concerning
seeding, sodding, ground cover, mulching, and the like, etc.
(k)
A detailed cost estimate shall be submitted, showing the value
of all proposed landscaping, including all labor and materials.
(l)
Information in the form of notes or specifications concerning
seeding, sodding, ground cover, mulching, irrigation and the like,
etc.
Streetlights may be required when considered necessary by the
Council and shall be of such design and spacing as required by the
Council in accord with current Borough specifications.
[Amended 5-7-2012 by Ord.
No. 4-2012[1]]
Traffic signs and traffic signals shall be required when considered
necessary by the Council to ensure safe traffic or pedestrian circulation.
All traffic signs and signals shall meet the most current requirements
of PennDOT. In the case of traffic signals, the developer, any subsequent
owner, or any subsequent property owners' association or similar
entity shall be responsible for the long-term operation, maintenance,
and replacement of the traffic signal and all associated facilities,
signs and pavement markings.
A.
Mount Pocono Borough's Supplemental Specification for Traffic
Signalization:
(1)
In an effort to standardize equipment and provide for future closed
loop system compatibility, all traffic signal controllers will be
a Model 980, NEMA TS-2 Type II, as manufactured by Naztec Inc., or
approved equivalent.
(2)
At the discretion of the Borough, a copy of StreetWise® closed
loop software will be supplied.
(3)
Video detection may be required in lieu of standard loop detection,
at the Borough's discretion, on some if not all approaches. All
stop bar vehicle detection will be provided by Traficon® video
detection. This equipment shall utilize a camera with all processing
capability to be performed by a separate interface card(s) located
in the controller cabinet. All video setup and programming will be
accomplished with a removable, handheld programmer. Any video detection
system that requires a laptop computer will not be acceptable.
(4)
Interconnect, if any is required on this project, will be fiber optic
cable, 6 fiber 62.5/125 micron multimode, terminated in patch panels
with ST connectors. In situations where attachment to utility poles
is not available or where conduit and trenching is not feasible, interconnect
can be accomplished with radio, provided a site survey has been performed
and the testing substantiates reliability. The radio interconnect
option shall be at the sole discretion of the Borough.
(5)
All intersections will be equipped with a battery backup unit that
will automatically switch to battery power unit when the incoming
power is interrupted. The battery backup unit will be manufactured
by TechPower Developments Inc. and shall be capable of operating for
four hours on battery power. The controller cabinet must come with
one-inch red LED to indicate when operating on battery backup unit.
In addition, a generator cabinet must be provided and come with a
heavy-duty cord. A sine wave Honda generator or Naztec Inc. compatible
inverter shall be included.
(6)
All intersections will be equipped with optical preemption for all
approaches to the intersection. Detectors will be positioned to achieve
the proper distance for activation and control of the intersection.
Optical preemption equipment will be Opticom™ as manufactured
by Global Traffic Technologies.
(7)
All pedestrian crossings shall be equipped with Hand/Man countdown
signals. The pedestrian push button stations shall be manufactured
by Campbell Company. The stations must be APS for the visibility impaired
and programmed to provide an audible message announcing the street
name. The stations shall be machined or cast to incorporate both the
nine-inch-by-15-inch sign and housing for the two-inch-diameter push
button.
(8)
Traffic signal supports will be mastarms. These will be capable of
having an extension added to the shaft and a 15-foot luminaire mounting
arm added at a future date along with an LED streetlight. This specification
is met by the Valmont SMA42X Series of traffic signal mastarms.
(9)
All vehicular and pedestrian signal head indications will contain
Leotek LED modules. The LED module must have a homogenous look similar
to an incandescent lamp. If a strobe is required for the red signal
indications it shall be an LED module — no exceptions.
(10)
Conduit runs will be sized for future use. All conduit street
crossing will be three-inch conduit. Controllers should be located
at the intersection of conduit runs and not at the end of conduit
loop. Each controller foundation will have a minimum of two three-inch
conduits entering it from an adjacent junction box. All volume density
loops will terminate in junction boxes, and there will be at least
one junction box on each corner.
(11)
All intersections will be signed with street name signs of the
size and designation as required by PennDOT. Long lane line pavement
markings are to be paint. Gore transverse stripping is to be epoxy.
All other pavement markings are to be cold inlaid plastic or hot-surface-applied
thermoplastic.
[1]
Editor's Note: This amendment was unintentionally excluded
from the 2014 Subdivision and Land Development Ordinance; provisions
were effectively restored to this chapter by Borough Council 5-5-2014.
A.
Identification. If a proposed subdivision or land development includes
any area that is suspected of being a wetland, then a professional
wetland delineation shall be required. The Planning Commission or
Borough Council may require that the applicant obtain a jurisdictional
determination from the United States Army Corps of Engineers. Until
such time as the Borough Council has approved the application, the
wetland limits shall be visibly identified in the field.
B.
State and federal regulations. Any approval under this chapter shall
be conditioned upon compliance with federal and state wetland regulations.
The Borough Council may refuse to approve a plan for recording or
delay the issuance of permits until an applicant documents such compliance.
In addition to the applicable requirements of this chapter,
multifamily dwelling projects shall comply with all applicable requirements
of the Borough's Zoning Ordinance.[1]
A.
Purposes. The purpose of this section is to provide adequate active
and passive recreational facilities to serve the occupants of new
developments and to recognize and accomplish the goals and policies
of the Borough's Comprehensive Plan, Recreation Plan, or Regional
Recreation and Open Space Plan.
B.
Applicability. This section shall apply to any subdivision or land
development for which a preliminary plan or a combined preliminary/final
plan is required.
C.
Fees. The developer of any subdivision or land development governed by this § 187-61 shall pay a recreation fee in accord with the following:
(1)
Fee amount. The fee amount shall be established by resolution of
the Borough Council.
(a)
Fees for dwelling lots and units shall be assessed on a per-lot
and per-unit basis.
(b)
Fees for nonresidential development shall be assessed on a per-square-foot-of-impervious-area
basis. No fee shall be assessed for developments of less than 1,000
square feet of impervious area, nor for any development which does
not require approval under this chapter.
(2)
Accounting. Any fees collected under this section shall be deposited
in an interest-bearing account, clearly identifying the specific recreation
facilities for which the fee was received. 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 to construct the specific recreation facilities for which
the funds were collected.
(3)
Use of fees. The fees shall be used for Borough or other public recreation
facilities located in the Borough. In addition, the Council may commit
fees to a recreation area open to the public in an adjacent municipality
that would serve the inhabitants of the development that paid the
fees. Such fees shall only be used for the acquisition of public open
space and related debt payments, development of public recreational
facilities, landscaping of public open space, and related engineering
and design work.
(4)
Time limit on use. Upon request of any person who paid any recreation fee, the Borough shall refund such fee, plus interest accumulated thereon from the date of payment, if the Borough has failed to use the fee for the purposes set forth in this § 187-61 within three years from the date such fee was paid.
(5)
Timing of fees. Fees shall be paid prior to the approval of the final plan. The developer and the Council may mutually agree to provisions in a binding development agreement to enable the payment of all applicable recreation fees prior to the issuance of any building permit within each clearly defined phase of the development. In such a case, the time limitation established in Subsection C(4) above shall not begin until all such fees are paid for all development phases.
D.
Facilities in place of fees. An applicant may submit a written request for a modification of the requirements of this § 187-61 by offering to construct recreation facilities open to the general public within the proposed subdivision or land development or on public parkland. Such modification shall only be approved if the developer clearly proves to the satisfaction of the Council that the facilities will serve a valid public purpose, will be designed following modern standards in a durable manner, and will have an equal or higher value than the fees that would otherwise be required. The Council shall determine whether facilities construction would be in the public interest or whether the payment of fees is required. The Council shall, at a minimum, consider the following in this decision:
(1)
Whether the facilities in the proposed location would serve a valid
public purpose.
(2)
Whether the facilities are a desirable addition to an existing public
park.
(3)
Whether the proposed facilities meet the objectives and requirements of this § 187-61 and any relevant goals and policies of the Borough's Comprehensive Plan, Recreation Plan, or Regional Recreation and Open Space Plan.
(4)
Whether the facilities, if proposed within the development, will
be easily accessible to other Borough residents.
(5)
Any recommendations from the Planning Commission, the Borough Engineer,
the school district, or the County Parks and Recreation Board.
The Borough's Zoning Ordinance[1] creates the Floodplain Overlay District, which is coterminous
with the areas which are subject to the one-hundred-year flood as
identified in the most current Flood Insurance Rate Map (FIRM) issued
by the Federal Emergency Management Agency. In addition to all other
applicable standards of this chapter, the floodplain regulations in
the Borough's Floodplain Ordinance[2] shall apply in the Floodplain Overlay District. The identified
floodplain area may be modified only in accord with the requirements
of the Borough's Floodplain Ordinance and the Federal Emergency
Management Agency.
All subdivisions and land developments shall be provided with parking and loading areas adequate to meet the needs of the use in accord with this § 187-62.1. Following the establishment of any subdivision or land development, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of the Borough Zoning Ordinance,[1] and violations shall be subject to the zoning enforcement
provisions.
A.
Availability and use of facilities.
(1)
Availability. The facilities required herein shall be available
throughout the hours of operation of the particular business or use
for which such facilities are provided. As used herein, the term "parking
space" includes either covered garage space or uncovered parking lot
space located off the public right-of-way.
(3)
Continuing obligation of parking and loading spaces. All required
numbers of parking spaces and off-street loading spaces shall be available
as long as the use or building which the spaces serve still exists,
and such spaces shall not be reduced in number shown on the approved
development plan.
(4)
Nonparking use. Required off-street parking, loading, and unloading
facilities and accessways shall not be used for any other purpose,
including, but not limited to, sales, display or storage areas, or
the parking of any vehicles for which the area was not approved (e.g.,
parking of tractor trailers in required passenger vehicle areas).
(5)
Existing parking. Any parking spaces serving such preexisting
structures or uses at the time of the adoption of this chapter shall
not in the future be reduced in number below the number required by
this chapter. If a new principal nonresidential building is constructed
on a lot, then any existing parking on such lot that serves such building
shall be reconfigured to comply with this chapter, including, but
not limited to, required parking and areas reserved for additional
parking if needed, requirements for channelization of traffic from
adjacent streets, channelization of traffic within the lot, minimum
aisle widths, paving and landscaping.
(6)
Garages and carports. Garages and carports not in the public
right-of-way may be considered parking spaces.
B.
Site plan; design.
(1)
Site plan. The project application shall include a site plan
that shows the parking, loading and unloading area, and access design.
(2)
General. Parking spaces, loading and unloading areas, and accessways
shall be laid out to result in safe and orderly use and to fully address
all of the following: vehicular access onto and off the site, vehicular
movement within the site, pedestrian patterns and any drive-through
facilities. No parking area shall cause a safety hazard or impediment
to traffic on or off the lot.
(3)
Pedestrian access and circulation. The parking and access plan
shall include details of pedestrian access to the site and pedestrian
circulation within the site. The intent shall be to facilitate pedestrian
access and provide safe and convenient circulation from parking areas
to the structure or use.
(4)
Design. Off-street parking areas, accessways, fire lanes, traffic
flow signs, pavement markings, and other necessary facilities shall
be designed and provided in accord with the most current Institute
of Transportation Engineers Traffic Engineering Handbook, or other
generally accepted methodology approved by the Borough. The applicant
shall provide copies of the methodology used for the design. Notwithstanding
the above, all parking spaces and the overall design shall be ample
in size for the vehicles for which use is intended, and stalls shall
be a minimum of 10 feet by 20 feet with aisles of not less than 24
feet, unless designed as required above.
C.
Illumination. All driveways, aisles, maneuvering spaces, vehicular service areas, and spaces between or around buildings designed for use by more than four cars after dusk, other than those accessory to a single dwelling, shall be illuminated according to § 187-62.2.
D.
Public rights-of-way. Parking, loading and unloading of vehicles
shall not be permitted on public rights-of-way, except in designated
areas and in accord with municipal parking regulations. No parking
area shall be designed which requires or encourages parked vehicles
to be backed into a public street.
E.
Parking between principal structure and road. No parking shall be
permitted anywhere between the public road right-of-way and the principal
structure for any new nonresidential principal structures in a C-1
Zoning District. This requirement shall not apply to additions or
expansions of existing businesses or the conversion of one business
use to another business use.
F.
Number of spaces to be provided. The number of parking spaces required by this § 187-62.1F shall be considered the minimum and maximum requirements unless modified in accord with this § 187-62.1F.
(1)
Parking required for nonresidential uses.
(a)
Parking generation manual.
[1]
Parking demand table. Off-street parking spaces
shall be provided and maintained in accord with the Parking Demand
Table included as 187 Attachment 3 to this chapter. The Parking Demand
Table may be updated by resolution of the Borough Council to include
more current data.
[2]
The parking provided for the proposed use shall
be based on the most similar use and unit of calculation listed in
the Parking Demand Table as determined by the Borough Council.
(b)
Land uses with 85th percentile data listed in the Parking Demand
Table.[2]
[1]
Constructed. The number of paved parking spaces
constructed shall conform to the "average peak period demand" as noted
in the Parking Demand Table.
[2]
Reserved. Space shall be reserved to allow for expansion to the 85th percentile, as listed in the Parking Demand Table, unless a reduction is approved in accord with § 187-62.1F(4).
[2]
Editor's Note: The Parking Demand Table is an attachment to
this chapter.
(c)
Land uses without 85th percentile data listed in the Parking
Demand Table.[3]
[1]
Constructed. The number of paved parking spaces
constructed shall be the average peak period demand or 85% of peak,
whichever is reported in the Parking Demand Table.
[2]
Reserved. Space shall be reserved to allow for expansion to 115% of the number of spaces required by § 187-62.1F(1)(c)[1], unless a reduction is approved in accord with § 187-62.1F(4).
[3]
Editor's Note: The Parking Demand Table is an attachment to
this chapter.
(d)
Parking in a C-1 District. Off-street parking shall not be required
of any nonresidential use in a C-1 Zoning District.
(2)
Parking required for residential uses. Two off-street parking
spaces shall be provided and maintained for each residential dwelling
unit except as follows:
(3)
(Reserved)
(4)
Applicant proposed reduction/increase. The required number of
parking spaces may be reduced or increased, subject to approval by
the Borough Council. The applicant shall provide evidence justifying
the proposed reduction or increase of spaces, such as studies of similar
developments during peak hours. The applicant shall also provide relevant
data, such as number of employees and peak expected number of customers/visitors.
Any approval to permit such decrease or increase shall be subject
to the following:
(a)
Ordinance and plan consistency. The project design and parking
space decrease shall be consistent with the purposes contained in
this chapter and the goals and objectives of the Borough Comprehensive
Plan.
(b)
Quality of design. The applicant shall demonstrate to the Borough
Council that the proposed decrease will result in an adequate number
of parking spaces or the increase will not produce an excess number
of spaces for the use based on a specific study of the parking demands
for the proposed use or empirical data reported by a generally accepted
source such as the Institute of Transportation Engineers, the Urban
Land Institute, the American Planning Association, or similar entity.
(c)
Local conditions. In making its determination, the Borough Council
shall also consider, among others, the demographics and character
of the neighborhood, demographics of targeted customers and employees,
availability of mass transit, existing on-street parking conditions,
and any employer-instituted transportation demand management programs.
(d)
Burden; conditions. If the Borough Council, in its sole discretion,
determines that the applicant has met the burden of proof, it may
grant a modification for the decrease or increase. The Borough Council
may impose such conditions as will, in its judgment, secure the objectives
and purposes of this chapter, including, but not limited to, reserving
parking.
(e)
Form of reservation. Each parking reservation shall be in a
form acceptable to the Borough Solicitor that legally binds current
and future owners of the land to keep the reserved parking area in
open space and, if the Borough determines it is necessary, to provide
the additional parking in the time and manner as stipulated in the
reservation document. Proof of recording of the agreement shall also
be provided to the Borough before the release of any approved final
plan.
(f)
Reserved parking disturbance and stormwater. The reserve parking
areas shall remain undisturbed or shall be landscaped but shall be
included in the calculations of lot coverage area and for stormwater
management and for the requirement of a NPDES permit. The stormwater
facilities shall be constructed in accord with the approved sequencing
design as parking areas are constructed.
G.
Loading and unloading areas.
(1)
Type and size. In addition to the required off-street parking
spaces, all uses shall provide adequate off-street areas for loading
and unloading of vehicles where necessary. The applicant shall provide
details on the type and frequency of vehicles operating in connection
with the proposed use to justify any necessary loading and unloading
areas. Each required space shall meet the following dimensions:
|
Largest Type of Truck Service
|
Minimum Width
(feet)
|
Minimum Length
(feet)
|
|---|---|---|
|
Tractor trailer
|
14
|
74 with 14 feet of clear height
|
|
Trucks other than tractor trailers, pickups or vans
|
12
|
30
|
|
Pickup truck or van
|
10
|
20
|
(2)
Interior travel ways. The applicant shall demonstrate that travel
ways within the property are adequate to safely and efficiently serve
vehicles which are reasonably expected to visit the property. Turning
radius templates developed by the American Association of State Highway
Transportation Officials (AASHTO) shall serve as the design standard.
H.
Access to off-street parking and loading areas. There shall be adequate
provisions for ingress and egress to all parking and loading spaces
designed for use by employees, customers, delivery services, sales
people and/or the general public. Access to and from all off-street
parking, loading and vehicle service areas along public rights-of-way
shall consist of well-defined separate or common entrances and exits
and shall comply with the following provisions:
(1)
Width. Unless otherwise required by Penn DOT for access to a
state road, the width of the driveway/accessway onto a public street
at the right-of-way shall be as follows:
|
Width*
|
1-Way Use
(feet)
|
2-Way Use
(feet)
|
|---|---|---|
|
Minimum
|
12
|
24
|
|
Maximum
|
20
|
50
|
|
*
|
Exclusive of the turning radius
|
(2)
Controlled access. Each entrance and exit shall be clearly defined
with curbing, fencing, landscaping or vegetative screening so as to
prevent access to the area from other than the defined entrance and
exit.
(3)
Highway occupancy permit. All new uses shall be required to
obtain a highway occupancy permit from the Borough or PA DOT, as the
case may be. In the case of a change in use or the expansion of an
existing use, the Borough shall require the applicant to obtain a
highway occupancy permit or a revised highway occupancy permit. Where
a use accesses the public right-of-way via a private road, the highway
occupancy permit requirement and criteria shall be applied at the
public right-of-way intersection.
(4)
Curbing. Access drives and landscaping shall be defined with
concrete curbing or such alternate material as may be approved by
the Borough.
I.
Parking and loading area setbacks and buffers. All parking and loading areas and parallel circulation and service lanes serving any nonresidential or multifamily use shall be separated from any public street or adjoining property lines by a buffer in accord with the requirements of § 187-56F.
J.
Grading and drainage; paving.
(1)
Parking and loading facilities, including driveways, shall be
graded and adequately drained to prevent erosion or excessive water
flow across streets or adjoining properties.
(2)
All portions of required parking, loading facilities and accessways,
except for landscaped areas, shall be surfaced with a durable, hard,
all-weather surface consisting of a minimum of 2 1/2 inches of
ID-2 bituminous pavement on a base course consisting of eight inches
of crushed aggregate or, as deemed to be equivalent by the Zoning
Officer, of concrete, paving block or porous pavement or pavers on
a suitable base.
(3)
The Borough Council may, as a modification, allow parking areas
with low or seasonal usage to be maintained in stone, grass or other
suitable surfaces. For example, the Borough Council may allow parking
spaces to be grass, while major aisles are covered by stone.
K.
Off-lot parking. Required parking may be provided on a different
lot than on the lot on which the principal use is located, provided
the parking is not more than 400 feet from the principal use lot.
Off-lot parking areas shall be permitted only in a district where
the principal use is permitted. Both parcels shall be under the same
control, either by deed or long-term lease, as the property occupied
by such principal use, and the owner shall be bound by covenants of
record filed in the office of the County Recorder of Deeds requiring
the owner and his or her heirs and assigns to maintain the required
number of off-street parking spaces during the existence of said principal
use.
L.
Joint-use parking. In the case of multiple uses on the same premises
or where more than one principal use shares a common property line,
shared parking facilities may be approved by the Borough Council.
(1)
Documentation. The applicant shall provide information to establish
that the shared spaces will be used at different times of the day,
week, month, and/or year.
(2)
Reduction. Parking provided may be credited to both uses based
on the extent that the uses operate at different times. However, the
required parking shall not be reduced by more than 50% of the combined
parking required for each use. (Example: If a church parking lot is
generally occupied only to 10% of capacity on days other than a Sunday,
another development not operating on a Sunday could make use of the
unused church lot spaces on weekdays.)
(3)
Agreement. Joint-use parking shall be secured in a form acceptable
to the Borough Solicitor that legally binds current and future owners
of the land to maintain the parking. An attested copy of the agreement
between the owners of record shall be provided to the Borough. Proof
of recording of the agreement shall also be provided to the Borough
before the release of any approved final plan.
M.
Shopping carts. Establishments furnishing carts or mobile baskets
shall provide definite areas on the site for the storage of the said
carts. Storage areas shall be clearly marked and designed for the
storage of shopping carts and/or mobile baskets.
N.
Snow removal. All plans for proposed parking areas of 50 or more
spaces shall include details for adequate snow removal.
All subdivisions and land developments shall be provided with lighting adequate to meet the needs of the use in accord with this § 187-62.2. Following the establishment of any subdivision or land development, the ongoing operation and maintenance of the lighting facilities shall comply with the requirements of Chapter 215, Zoning, and violations shall be subject to zoning enforcement provisions.
A.
Purpose. This subsection sets minimum standards for outdoor lighting
to:
(1)
Provide lighting in outdoor public places where public health,
safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the glare of nonvehicular
light sources that shine into their eyes and thereby impair safe traverse.
(3)
Protect the privacy of property owners by limiting the potential
for glare and light trespass from poorly aimed, placed, applied, maintained
or shielded outdoor lighting installations located on adjacent properties
and roadways.
(4)
Set forth outdoor lighting requirements which are consistent
with lighting industry standards and practices, available technologies,
and the lighting sciences.
B.
Application.
(1)
Outdoor lighting shall be required for safety and personal security
in areas of public assembly and traverse, including, but not limited
to, multifamily dwellings and commercial, industrial, public recreational,
and institutional uses.
(2)
All driveways, aisles, maneuvering spaces, vehicular service
areas, and spaces between or around buildings, designed for use by
more than four cars after dusk, other than those accessories to a
single dwelling, shall be illuminated between sunset and sunrise in
accord with the recommendations of the Society of Illuminating Engineers
at no cost to the Borough.
(3)
The Council shall require lighting to be incorporated for other
uses or locations, as it deems necessary.
(4)
The glare control requirements in this section apply to lighting
in all of the above-mentioned uses as well as sign, architectural,
landscaping, and residential lighting. Lighting shall be controlled
in both height and intensity to maintain community character; and
lighting designs shall be an inherent part of the project design.
The applicant shall provide the specifications of the proposed lighting
and its arrangement on the site, and all required lighting shall be
considered improvements for the purpose of regulation by this chapter.
C.
CANDELA
CANDELA DISTRIBUTION
CANDLEPOWER
CUTOFF
CUTOFF ANGLE OF A LUMINAIRE
FLOODLIGHT
FOOTCANDLE
FULL CUTOFF
FULLY SHIELDED LIGHT FIXTURE
GLARE
(1)
(2)
(3)
(4)
(5)
ILLUMINANCE
ILLUMINATION
LAMP
LIGHT
LIGHT TRESPASS
LUMEN
LUMINAIRE
LUMINANCE
LUX
NADIR
NIGHTTIME
NON-CUTOFF
SEMI CUTOFF
SPOTLIGHT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Unit of luminous intensity, describing the intensity of a
light source in a specific direction.
A curve, often on polar coordinates, illustrating the variation
of luminous intensity of a lamp or luminaire in a plane through the
light center.
Luminous intensity expressed in candelas. A measure of luminous
intensity of a light source in a specific direction, measured in candelas.
A light distribution where a negligible amount of light is
permitted at a horizontal plane located at the bottom of a luminaire.
Light above the horizontal plane at the bottom of a luminaire is not
limited, but cutoff luminaires usually have very little light above
the luminaire.
The angle, measured up from the nadir (i.e., straight down),
between the vertical axis and the first line of sight at which the
bare source (the bulb or lamp) is not visible.
A fixture designed to "flood" a well-defined area with light.
A unit of illuminance. The English measurement unit of illuminance
(or light level) on a surface. One lumen is equal to one footcandle
per square foot. A unit of light intensity stated in lumens per square
foot and measurable with an illuminance meter, aka "footcandle or
light meter." One footcandle is equal to 10.76 lux, and one lux is
equal to 0.093 footcandle.
A light distribution where no light is permitted at or above
a horizontal plane located at the bottom of a luminaire. There will
be little or no light at the angles that are usually associated with
glare.
A light fixture constructed in such a manner that all light
emitted by the fixture, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the luminaire, is projected below the horizon.
Light that hinders or bothers the human eye. The sensation
produced by luminances within the visual field that is sufficiently
greater than the luminance to which the eyes are adapted to cause
annoyance, discomfort, or loss in visual performance or visibility.
The degree of glare is described as follows:
BLINDING GLAREGlare that is so intense that, for an appreciable length of time after it has been removed, no object can be seen.
DIRECT GLAREGlare resulting from high luminances or insufficiently shielded light sources in the field of view.
DISABILITY GLAREThe effects of stray light in the eye whereby visibility and visual performance is significant enough to keep a person from seeing adequately.
DISCOMFORT GLAREGlare that produces discomfort. It does not necessarily interfere with visual performance or visibility.
REFLECTED GLAREGlare resulting from reflections of high luminances in polished or glossy surfaces in the field of view.
The quantity of light measured in footcandles or lux. A term
that quantifies light striking a surface or a plane point. It is expressed
either in lumens per square foot (footcandles/the English unit) or
lumens per square meter (lux/the metric unit). The areal density of
the luminous flux incident at a point on a surface. One footcandle
is equal to 10.76 lux, and one lux is equal to 0.093 footcandle.
An alternative term for "illuminance." Commonly used in a
qualitative or general sense to designate the act of illuminating
or the state of being illuminated.
A generic term for a man-made source of light.
Radiant energy that is capable of exciting the retina and
producing a visual sensation. The visible portion of the electromagnetic
spectrum extends from about 380 to 770 nanometers.
Light emitted by a lighting installation which extends beyond
the boundaries of the property on which the installation is sited;
spill light; obtrusive light; undesirable illumination, including
the following examples:
Units of measurement of luminous flux representing the quantity
of light being produced by a lamp or emitted from a luminaire.
A complete lighting unit consisting of one or more lamps
(light sources) together with the parts designed to control the light
distribution and other mechanical and electrical components.
A term that quantifies directional brightness of a light
source (e.g., a lamp, luminaire, reflecting material) or of a surface
that is illuminated and reflects light. The emitted or reflected light
from a surface; relates directly to perceived "brightness." The unit
of luminance is the candela per square meter (cd/M2). Measurable with
a luminance meter.
A unit of light intensity stated in lumens per square meter.
There are approximately 10.76 lux per footcandle.
The point directly below the luminaire when the luminaire
is pointed down (0° angle).
The hours between the end of evening civil twilight and the
beginning of morning civil twilight. Civil twilight ends in the evening
when the center of the sun's disk is 6° below the horizon
and begins in the morning when the center of the sun's disk is
6° below the horizon.
A light distribution that can produce considerable light
above the horizontal plane located at the bottom of a luminaire.
A light distribution where slightly more light is permitted
at a horizontal plane located at the bottom of a luminaire than the
cutoff distribution. Like cutoff, light above the horizontal plane
at the bottom of a luminaire is not limited, but the amount of light
above the luminaire is relatively small.
A fixture designed to light only a small, well-defined area.
D.
Criteria.
(1)
Illumination levels for nonresidential uses. Illumination of
nonresidential uses, where required by this chapter, shall have intensities
and uniformity ratios in accordance with the most current recommended
practices of the Illuminating Engineering Society of North America
(IESNA) Lighting Handbook.
(2)
Average lighting levels should not exceed the following values:
|
Maximum Average Light Levels
| |
|---|---|
|
Land Use
|
Footcandles
|
|
Pedestrian areas/sidewalks
|
1.0
|
|
Building entries
|
5.0
|
|
Streetlighting
|
1.0
|
|
Parking areas with high nighttime activity
|
4.0
|
|
Parking areas with low nighttime activity
|
2.0
|
|
Playgrounds
|
5.0
|
|
Sports grounds
|
20.0
|
|
Site perimeter
|
0.5
|
|
Local road (residential)
|
0.4
|
|
Collector road (commercial)
|
1.0
|
|
Source: North Carolina Dark Skies Association and Chittenden
County Regional Planning Commission.
| |
(3)
Outdoor light standards for all uses.
(a)
Any lamp over 2,000 initial lumens, installed, shall be fully
shielded such that the lamp itself is not directly visible from any
other property.
(b)
The use of more than one luminaire or lamp of 2,000 initial
lumens for the purpose of illuminating the same area shall not be
permitted.
(c)
Examples of lamp types of 2,000 lumens and below are: 100-watt
standard incandescent; 15-watt cool-white fluorescent; 15-watt compact
fluorescent; and 18-watt low-pressure sodium.
(4)
Future amendments to the recommended practices of the IESNA
shall become a part of this section without further action of the
Borough.
E.
Lighting fixture design.
(1)
Fixtures shall be of a type and design appropriate to the lighting
application.
(2)
For lighting horizontal tasks, such as roadways, sidewalks,
entrances and parking areas, fixtures shall meet IESNA full-cutoff
criteria.
(3)
Fixtures shall be equipped with or be modified to incorporate
light-directing and/or -shielding devices such as shields, visors,
skirts or hoods to redirect offending light distribution and/or reduce
direct or reflected glare.
(4)
The use of floodlighting, spotlighting, wall-mounted fixtures,
decorative globes and other fixtures shall meet IESNA full-cutoff
criteria.
F.
Control of nuisance and disabling glare.
(1)
All outdoor lighting shall be aimed, located, designed, fitted
and maintained so as not to present a hazard to drivers or pedestrians
by impairing their ability to safely traverse and so as not to create
a nuisance by projecting or reflecting objectionable light onto a
neighboring use or property.
(2)
All outdoor lighting fixtures shall be fully shielded in such
a manner that no light is emitted above a horizontal plane passing
through the lowest point of the light-emitting element, so that direct
light emitted above the horizontal plane is eliminated.
(3)
Floodlights and spotlights shall be so installed or aimed that
they do not project their output into the windows of neighboring residences,
adjacent properties, skyward or onto a public roadway. Floodlights
or spotlights must be aimed no higher than 45° above straight
down (i.e., halfway between straight down and straight to the side).
The use of searchlights or laser-source lights for advertising or
entertainment purposes is prohibited.
(4)
During periods of nonuse of a nonresidential facility, the illumination
of the property shall be reduced so that the lighting intensity levels
shall not exceed 25% of the levels normally permitted by this section
for the use, but in no case shall they be less than the minimum levels
for safety or security as invoked by IESNA. Reductions should not
be applied to facilities subject to intermittent night use, such as
hospitals and transportation terminals.
(5)
All illumination for advertising signs, buildings and/or surrounding
landscapes for decorative, advertising or aesthetic purposes is prohibited
between 11:00 p.m. and dawn, except that such lighting situated on
the premises of a commercial establishment may remain illuminated
while the establishment is actually open for business and until one
hour after closing.
(6)
Unless otherwise permitted by Borough Council, such as for safety
and security, lighting shall be controlled by automatic switching
devices such as time clocks or combination motion detectors and photocells
to permit extinguishing offending light sources between 11:00 p.m.
and dawn, to mitigate nuisance glare and sky lighting consequences.
(7)
Illumination for flagpole lighting may not exceed 10,000 lumens.
(8)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of fixture mounting height,
wattage, aiming angle and fixture placement.
(9)
Externally illuminated signs and billboards shall use only fixtures
mounted at the top of the sign and aimed downward. Such fixtures shall
be automatically extinguished between the hours of 11:00 p.m. and
dawn, except that such lighting situated on the premises of a commercial
establishment may remain illuminated while the establishment is actually
open for business and until one hour after closing, except as specifically
approved by appropriate officers or agents of the Borough.
(10)
Directional fixtures for such applications as facade, fountain
feature and landscape illumination shall be aimed downward so as not
to project their output beyond the objects intended to be illuminated.
Additionally, they shall be extinguished between the hours of 11:00
p.m. and dawn, except that such lighting situated on the premises
of a commercial establishment may remain illuminated while the establishment
is actually open for business and until one hour after closing, except
as specifically approved by appropriate officers or agents of the
Borough.
(11)
The use of white strobe lighting, flashing, flickering or pulsating
lights is prohibited, except as may be required by the Federal Aviation
Administration or other governmental agency.
(12)
Fixtures shall not be mounted in excess of 20 feet above finished
grade. Fixtures not meeting IESNA cutoff criteria shall not be mounted
in excess of 16 feet above finished grade.
(13)
The intensity of illumination projected off the property shall
not exceed 0.1 vertical footcandle, measured at 30 inches above the
ground at the property line.
(14)
All lighting shall be arranged so to prevent glare into adjoining
properties and streets.
G.
Post installation inspection. The Borough reserves the right to conduct
a post-installation nighttime inspection to verify compliance with
the requirements of this section and if, appropriate, to require remedial
action at no expense to the Borough.
H.
Nonconforming lighting. Any lighting fixture or lighting installation
existing on the effective date of this chapter that does not conform
with the requirements of this chapter shall be considered as a lawful
nonconformance. Unless minor corrective action is deemed by the Borough
to be an acceptable alternative, a nonconforming lighting fixture
or lighting installation shall be made to conform with the applicable
requirements of this chapter as part of any application for approval
under this chapter.
I.
Recreation uses. The nighttime illumination of outdoor recreational
facilities for such aerial sports as outdoor riding arenas, baseball,
basketball, soccer, tennis, track and field, and football typically
necessitate higher than normally allowed fixture mounting heights
and aiming angles, utilize very high-wattage lamps and potentially
produce unacceptable levels of light trespass and glare when located
near residential properties. Permission to illuminate such facilities
shall be granted only when the Borough is satisfied that the health,
safety and welfare rights of nearby property owners and the Borough
as a whole have been properly protected. When recreational uses are
specifically permitted by the Borough for operation during hours of
darkness, the following requirements shall apply:
(1)
Lighting shall be accomplished through the use of fixtures conforming
to IESNA full-cutoff criteria.
(2)
Racetracks and such recreational venues as golf driving ranges,
trap-shooting facilities and outdoor riding arenas that necessitate
the horizontal or near horizontal projection of illumination shall
not be permitted to be artificially illuminated.
(3)
Recreational facilities for basketball, baseball, football,
soccer, miniature golf, tennis or track shall not be illuminated if
located within a residential district or sited on a nonresidential
property located within 1,000 feet of a property containing a residential
use.
(4)
Sporting events shall be timed to end at such time that all
lighting in the sports facility, other than lighting for safe exit
of patrons, shall be extinguished by 11:00 p.m., regardless of such
occurrences as extra innings or overtimes.
(5)
Maximum mounting heights for recreational lighting shall be
in accordance with the following:
(6)
To assist in determining whether lighting will be permitted,
applications for illuminating recreational facilities shall be accompanied
not only with the information required in this section below, but
also by a visual impact plan that contains the following:
(a)
Plan views containing a layout of the recreational facility
and showing pole locations and the location of residences on adjoining
properties.
(b)
Elevations containing pole and fixture mounting heights, horizontal
and vertical aiming angles and fixture arrays for each pole locations.
(c)
Elevations containing initial vertical illuminance plots at
the boundary of the site, taken at a height of five-foot line-of-sight.
(d)
Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this § 187-62.2.
(e)
Proposed frequency of use of the facility during hours of darkness
on a month-by-month basis and proposed time when the sports lighting
will be extinguished.
(f)
A narrative describing the measures proposed to achieve minimum
off-site disturbance.
