Planning Committee and Commission — See Ch. 27.
Streets, Water and Sewers Committee — See Ch. 49.
Sewers — See Ch. 98.
Water — See Ch. 121.
Zoning — See Ch. 124.
§ 107-1Definitions and usage.
§ 107-2Submission of plan; approval
§ 107-3Preapplication procedure.
§ 107-4Preapplication plans and data.
§ 107-5Procedure of preliminary plan
§ 107-6Preliminary plans.
§ 107-7Proposed development.
§ 107-8Supplementary data.
§ 107-9Development standards and design
§ 107-10Minimum street rights-of-way;
§ 107-11Street alignment.
§ 107-12Street intersections.
§ 107-13Miscellaneous street, block and
§ 107-14Utility easements.
§ 107-15Required construction of utilities.
§ 107-16Supplementary requirements.
§ 107-17Final plans and drawings.
§ 107-19Recording requirements.
§ 107-20Installation of improvements
or guaranty prior to approval.
§ 107-21Approval and recording prior
to sale or construction; exceptions.
§ 107-22Application for construction
permit; fee; required permits.
§ 107-23Acceptance of streets.
§ 107-25Maintenance requirements.
§ 107-26Reservation of recreation areas.
§ 107-27Violations and penalties.
Definitions. The following words and phrases, as used in this chapter, shall have the meanings hereby ascribed thereto unless the context thereof clearly indicates a different meaning:
- The whole or any part of any public street or avenue, public road, bridge or culvert, including the cartway, gutter, curb, sidewalk and the whole legal width of the right-of-way.
- A person who is the registered owner of real estate to be subdivided and/or developed in accordance with the provisions of this chapter.
- A natural person, association, firm, partnership or corporation.
- A public right-of-way for travel.
- STREET and/or AVENUE
- A public right-of-way in a subdivision or built-up community. Streets, avenues and highways established in the subdivision shall be classified as arterial streets, collector streets or minor streets.
- The division of a single lot, tract or parcel of land, or a part thereof, into two or more lots, tracts or parcels of land, including changes in street lines or lot lines, for the purpose, whether immediate or future, of transfer of ownership or of building development.
Usage. In this chapter the singular shall include the plural, and the masculine shall include the feminine and the neuter.
It shall be unlawful for the owner of any land in the Borough of Conway to make a subdivision thereof, or to lay out, construct, open or dedicate for public use or travel or for the common use of the occupants of buildings thereon any street, sanitary sewer, storm sewer, water main or other facilities in connection therewith, unless and until a plan thereof shall have been prepared by a registered professional engineer or surveyor and submitted to and approved by the proper Borough official or body, as hereinafter provided.
Previous to filing an application for review of a preliminary plan, subdividers and developers shall submit to the Planning Commission plans and data as specified below.
Within 30 days after submission, the Planning Commission shall inform the subdivider that the plans and data submitted have been approved by the Borough Engineer. If the Planning Commission should find that the plans and data do not meet with the general objectives of the Borough Master Plan, it shall express its reasons therefor.
General subdivision information shall describe or outline the existing conditions of the site of the proposed development as necessary to supplement required drawings. This information should include data on existing streets, avenues, alleys, land characteristics, information describing the subdivision proposal such as the number of residential lots, typical lot width and depth, price range, miscellaneous areas to be dedicated for public use, etc.
The boundary survey on a topographic map shall show the relationship of the proposed subdivision to existing community facilities.
The plan on the topographic survey shall show the proposed layout of streets, lots and other features which relate to existing conditions.
A slope map of the tract that is proposed to be subdivided shall be submitted and distinguish in simple form land areas of 15% and less in slope from those land areas of more than 15% in slope.
After general conclusions have informally been reached, the subdivider shall cause to be prepared a preliminary plan, together with such supplementary data as required by this chapter.
Fees. The subdivider shall pay to the Borough all costs incurred by the Borough which are directly chargeable to the subdivision. These costs shall include:
The costs of review and approval of the preliminary plan, overall plan, profiles, inspection of construction, etc., by the Borough Engineer and his staff, at the rates currently in effect at the time of the work.
Legal fees, advertising fees, printing costs for all ordinances and agreements required in connection with the subdivision.
Permit fees or other costs paid by the Borough and properly chargeable to the subdivision.
The preliminary plan shall contain the following information:
A plan of the subdivision drawn to a scale of 50 feet or less to one inch.
The proposed name of the subdivision, which shall not duplicate or too closely resemble the names of existing subdivisions or of the Borough.
Names and addresses of the owner and developer and the registered engineer or registered surveyor who prepared the plans.
North point, graphic scale and data.
A topographic map with contours at vertical intervals of two feet if the general slope of the site is less than 15% and at vertical intervals of five feet if the general slope is greater than 15%.
Tract boundaries with dimensions, bearing angles and references.
All existing watercourses or other significant natural features, as well as all existing buildings and other man-made features.
All existing sewer lines, water mains, gas mains, culverts or other underground installations within the proposed subdivision or adjacent thereto, with pipe sizes, grades and locations shown thereon.
The names of all owners of all abutting unplotted land and the names, plat book reference and perimeter lotting of all abutting subdivisions.
If a coal seam lies within the boundaries of the proposed subdivision, its depth and area shall be shown and whether or not it has been mined.
The plan of proposed development shall show the following:
A street pattern showing the names and width of rights-of-way and cartways of streets and the width of crosswalks and easements.
Layout of lots showing approximate dimensions, numbers and areas in square feet.
Those parcels of land proposed to be dedicated or reserved for public use.
The proposed building line for each street.
Provisions for collecting and discharging surface drainage on or off the site with pipe sizes, locations, sizes of inlets, catch basins, etc., along with preliminary design of any bridge or culvert which may be required.
Profiles and typical cross sections of all proposed streets shown on the preliminary plan shall be provided.
Profiles and other explanatory data concerning installation and construction of sanitary and storm sewer systems, along with other utility systems, and the size or capacity of each shall be shown and the location and distances to each utility indicated.
The preliminary plan report shall not be construed to constitute approval of the subdivision, but only as authorization to proceed with preparation of a final plan for presentation to the Planning Commission.
General. The subdivision plan shall conform to the Borough Master Plan.
Suitability of land. Land subject to flooding, land with excessive slope or land otherwise deemed by the Planning Commission to be undesirable for development shall not be plotted for residential occupancy.
No land shall be graded, cut or filled so as to create a slope exceeding a vertical rise of one foot for each two feet of horizontal distance; provided, however, that any cut, excavation or grading which exceeds the aforementioned rate of slope shall be terraced, using stone, brick or concrete retaining walls of sufficient height, type and thickness to retain the graded banks.
The minimum right-of-way for an arterial street shall be 100 feet; for a collector street, 80 feet; and for a residential street, 50 feet.
The street layout shall be related to the topography of the land.
Minor or residential streets in the subdivision shall be designed to discourage through traffic.
If the subdivision abuts a present or a proposed arterial street, either a marginal interceptor street running parallel to the arterial street or a reverse-frontage lotting shall be utilized.
Minor streets shall not intersect the same side of a principal street or collector street at intervals of less than 200 feet.
Culs-de-sac shall normally not exceed 600 feet in length and must have a right-of-way radius of 50 feet.
Where the center lines of minor streets opening onto opposite sides of a collector street are less than 100 feet of each other, they shall be made to coincide.
The minimum radius at the center line for curves shall be such length as to provide for a minimum sight distance of 500 feet for arterial streets, 300 feet for collector streets and 200 feet for residential or minor streets. The minimum horizontal radius at the center line for curves shall be 1,200 feet for arterial streets, 400 feet for collector streets and 200 feet for residential streets. Looped streets may have a centerline radius of 100 feet.
All changes in street grades shall be connected by vertical curves of such length as to provide for a minimum sight distance of 500 feet for arterial streets, 300 feet for collector streets and 200 feet for residential or minor streets.
Between reversed curves, a tangent of not less than the following dimensions shall be provided: arterial streets, 400 feet; collector streets, 200 feet; minor streets, 100 feet.
At street intersections of residential streets, a clear-sight triangle shall be maintained measured from the center line of each street 100 feet back from the point of the center-line intersection. No building or other obstructions will be permitted within this triangular area so formed.
In designing compound circular curves, either of the following shall be provided: The radius of the flatter circular arc should not be more than 50% greater than the radius of the sharper circular arc, or the transition to sharp curves may be attained through a several step compound curve, for example, a three-center compound curve.
There shall be a minimum grade of at least 1% on all streets and a maximum grade of 5% on arterial streets, 8% on collector streets and 12% on minor streets for a distance of no more than 1,500 feet.
Intersections involving the junction of more than four streets are prohibited.
Right-angle intersections shall be used whenever practicable, especially where minor residential streets intersect collector streets.
In the event that a right-angle intersection is not practicable, a smaller angle may be used at the discretion of the Borough Engineer.
The street pavement edge shall be rounded at intersections by an arc with a minimum radius of 20 feet for minor streets intersecting one another, 25 feet for minor streets intersecting collector streets and 50 feet for minor or collector streets intersecting with arterial streets. The corresponding radii for property lines shall be rounded to maintain the proper right-of-way requirements.
The dedication of half streets is prohibited; however, if a half street already exists adjacent to a proposed subdivision, the remaining half shall be provided for in the proposed subdivision.
Streets that are extensions of or obviously in alignment with existing named streets shall bear the names of the existing streets.
Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse-frontage lots may be used.
Areas of lots shall be no less than 6,000 square feet and, lots shall have a frontage on the abutting street of no less than 50 feet, except on the inner side of curved streets.
All corner lots shall have a width at least forty-percent greater than the minimum width of the interior lots in the same block.
All lots shall abut a street.
Side lot lines shall be at right angles to the street or to a tangent of the arc of curved streets, except on culs-de-sac and looped streets. If after subdividing there exist remnants of land, they may be included in proposed or existing lot areas.
Where necessary any easement for utilities at least 10 feet wide shall be provided either across lots or centered on rear or side lot lines. If necessary a proposed engineered easement may be approved where terrain or geological features dictate.
Where a subdivision is traversed by an existing watercourse, a drainage easement or right-of-way shall be provided. This easement shall have adequate width for workmen and for the equipment necessary to install, maintain or repair drainage facilities.
If the drainage area is over 1/2 square mile or if an appurtenance or change in the natural drainage course is proposed, a certificate from the Department of Forest and Waters shall be required.
There shall be a minimum distance of 30 feet, measured in the shortest distance, between any proposed dwelling unit and any petroleum or natural gas transmission line which may traverse the subdivision.
At no expense to the Borough, the subdivider shall construct and install the streets, sidewalks if required, waterlines, fire hydrants, sanitary and storm sewers, street signs where required, survey monuments if required and other improvements to the land in conformity with development standards and design requirements of this chapter.
Street grading. All streets shall be graded to the grades shown on the street profile and cross-section plan submitted and approved with the final plat.
Storm and surface drainage. All storm sewers and drainage facilities shall be installed and the land graded for adequate drainage as shown on the grading plan submitted and approved with the final plan.
Curbs. All curbs shall be either straight or rolled concrete and in conformity with the specifications of the Borough pertaining to curbs.
Sidewalks. Sidewalks shall be required on both sides of all collector streets; they may be required on one side of residential streets.
All mains and lines for connection from the lots to the public water or sewer systems shall be installed by the developer. All taps shall be made or installed by the developer according to Borough specifications and shall be subject to inspection and approval by the Borough Engineer before backfill operations are completed. No assessment or tapping fee shall be charged or levied against any developer making a tap as hereinbefore provided.
Septic tanks shall not be permitted if a public sewer is available within 150 feet of the property line. If such public sewer is not available, state percolation tests must be met. Dry wells shall not be permitted.
Before any street paving is permitted, all underground utilities within the right-of-way must be in place and properly backfilled. Utilities include water and gas lines, house connections, sanitary sewers, sewer laterals, manholes, storm sewers, catch basins, subgrade drains and any other utility lines laid in a trench located under the pavement.
In any subdivision the proposed type of sewage disposal shall be subject to the approval of the County Health Department and the State Water Board.
Fire hydrants. Fire hydrants shall be installed at accessible appropriate locations to give adequate fire protection as outlined by the American Insurance Association.
Sodding and seeding. In cases where the cross slope exceeds 10% as shown on the grading plan, sodding or seeding shall be required to retain the soil and prevent damage to finished street or lot grades.
Subdividers shall provide permanent reference monuments as prescribed by the Borough Engineer at such points as may be required by the Engineer, all lot corner markers to be permanently located. Markers shall consist of a three-fourths-inch metal pin of a minimum length of 30 inches located in the ground below finished grade.
The subdivision plans submitted for Planning Commission review and subsequent recording shall be clearly and legibly drawn in India ink upon tracing cloth on sheets measuring either 18 inches by 24 inches or 24 inches by 36 inches overall and at a scale of no less than 50 feet to one inch.
The final plan shall show the following:
The subdivision name or identifying title.
The name and address of the owner and subdivider, and the name, license number and seal of the licensed engineer or surveyor.
The North point, scale and data.
Accurate boundary lines with dimensions, angles and references which shall provide a survey of the tract closing with an error of not more than one foot in 10,000 feet.
Accurate distances and directions to the nearest established street corners or official monuments. Reference monuments shall be accurately described.
Accurate locations of all existing and recorded streets intersecting the boundaries of the tract.
The names of adjoining subdivisions, if any, and the book and page where recorded and the names of owners of all adjacent unplotted land.
All easements and open-space limitations on easements shall be noted on the plans.
Any existing public lands for which offers of dedication are included.
Any areas to which title is reserved by the owner.
Sufficient data to determine the location of the plan for recording, including bearing and length of every boundary line, street line and lot line. All dimensions shall be shown in feet or hundredths of a foot.
Lots numbered in consecutive order, with the area shown in acres or square feet.
Restrictions. All lots established by said plan of subdivision shall have uniform building lines, to be established from time to time by the Planning Commission and the Borough Engineer.
The Council may require alterations, changes or modifications of any kind that it deems necessary in any plans submitted to it under this chapter, and may refuse its approval until all such alterations, changes or modifications in the plan have been made. One or more preliminary subdivision plans may be submitted to the Borough Engineer by the owner or by the Council for study, criticism and suggestions.
An approved duplicate copy of each subdivision plan, approved as provided in this chapter, shall, within 30 days after the date of approval, be recorded by the owner in the office for the recording of deeds in this county, and the owner shall forthwith notify the Borough Engineer in writing of the date of such recording. After a subdivision plan shall have been officially recorded, the streets, parks and other public improvements shown thereon shall be considered to be a part of the official plan of the Borough. Streets, parks and other public improvements shown on a subdivision plan to be recorded may be offered for dedication to the Borough by formal notation thereof on such plan, or the owner may note on such plan that such improvements have not been offered for dedication to the Borough. Every street, park or other improvement shown on a subdivision plan that shall have been recorded as provided herein shall be deemed to be a private street, park or improvement until such time as the same shall have been offered for dedication to the Borough and accepted by ordinance or resolution or until it shall have been condemned for use as a public street, park or other improvement.
Before accepting any subdivision plan, Council shall require either that the necessary grading, paving and other street improvements, including, where specified by Council, curbs, sidewalks, streetlights, fire hydrants, water mains, sanitary sewers and storm sewers, shall have been installed in strict conformity with the standards and specifications of the Borough, or that the Borough be assured, in the form of a bond or deposit of funds or securities in escrow sufficient to cover the cost to the owner of the required improvements, as estimated by the Borough Engineer, that the said improvements will subsequently be installed by the owner of said subdivided lot, tract or parcel of land.
No lot in a subdivision may be sold, and no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected in a subdivision, unless and until a plan of such subdivision shall have been approved and properly recorded and until the improvements required by Council in connection therewith shall have been either constructed or guaranteed as provided in § 107-20 of this chapter. Where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship, Council may make such reasonable exception thereto as will not be contrary to the public interest and may permit the sale of a lot, issuance of a permit or erection of a building, subject to such conditions necessary to ensure adequate streets and other public improvements.
Applications for construction permits shall be filed with the Borough Secretary on the form supplied by the Borough and shall be accompanied by four sets of plans and specifications prepared by a registered professional engineer, setting forth the location and nature of work, together with all engineering data necessary for completion of work, and shall be verified by an affidavit made by or on behalf of the owner or owners. A fee of $10 shall accompany each application for a construction permit.
All suburban and city-type highways shall be graded to the full width of the right-of-way. All culverts, bridges and storm sewers shall be constructed for the width required for grading.
Where bridges, dams and/or other structures are placed on streams with a drainage area of 1/2 square mile or longer, application for a permit shall be made to the Water and Power Resources Board, Harrisburg, Pennsylvania, by the person in interest, and a copy of such permit shall be filed with the Borough Engineer.
Application for a construction permit shall include construction items and quantities of all planned work.
Means of ingress and egress for vehicles to and from each lot or parcel shall be shown on the plans for installation in accordance with existing Borough regulations for depressed curbs and driveways across sidewalks.
Upon the approval of the construction application, plans and specifications by the Borough Engineer, the Secretary shall issue a construction permit to the owner of the property. The said owner shall pay the cost of any material tests made and shall reimburse the Borough for the necessary inspection at the rate of $15 for each day that a Borough inspector is on the work; provided, however, that if the owner shall employ a registered professional engineer to supervise and inspect construction, who shall file with the Borough Engineer a certificate that the construction has been carried out in compliance with the approved plans and Borough specifications, the foregoing inspection charge at the rate of $15 per day shall not be made.
When any highway outlined in the construction permit shall have been completed in accordance with the terms of this chapter and in strict accordance with the Borough specifications now in effect or hereafter adopted, as the case may be, relating to such type of work, the Borough shall accept, by ordinance, the dedication of such highway or highways.
The Borough Engineer shall be notified by the owner or contractor at least 24 hours in advance of the commencement of any construction operation, such as grading, sewer installation or paving, in order that provision may be made for the proper inspection of such construction operation. Samples of materials and every reasonable facility for ascertaining whether the work is in conformity with the provisions of this chapter shall be furnished to the proper officers and employees of the Borough.
Upon acceptance by the Borough of all the required improvements, the completion guaranty shall be returned or released, provided that the subdivider shall first post a maintenance bond, with surety approved by the Council, to guarantee for a period of two years the replacement of all required improvements damaged or destroyed because of defective material, installation or workmanship.
Any subdivision of 200,000 square feet will reserve 3% for Borough use as playground or park area, etc.
Any person, partnership or corporation who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon, or who sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development whether by reference to or by other use of a plat of such subdivision or land development, or who shall erect any building thereon, unless and until a final plat has been prepared in full compliance with the provisions of this chapter and of the regulations adopted hereunder and has been recorded as provided herein, shall be guilty of a misdemeanor, and upon conviction thereof such person or the members of such partnership or the officers of such corporation, or the agent of any of them, responsible for such violation, shall pay a fine not exceeding $1,000 per lot or parcel or per dwelling within each lot or parcel. All fines collected for such violations shall be paid over to the Borough of Conway. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.