[HISTORY: Adopted by the Borough Council
of the Borough of Conway 10-25-1961 by Ord. No. 240, approved 10-25-1961.
Amendments noted where applicable.]
A.
HIGHWAY
OWNER
PERSON
ROAD
STREET and/or AVENUE
SUBDIVISION
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.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
The boundary survey on a topographic map shall show
the relationship of the proposed subdivision to existing community
facilities.
C.
The plan on the topographic survey shall show the
proposed layout of streets, lots and other features which relate to
existing conditions.
D.
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.
A.
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.
B.
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:
(1)
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.
(2)
Legal fees, advertising fees, printing costs for all
ordinances and agreements required in connection with the subdivision.
(3)
Permit fees or other costs paid by the Borough and
properly chargeable to the subdivision.
The preliminary plan shall contain the following
information:
A.
A plan of the subdivision drawn to a scale of 50 feet
or less to one inch.
B.
The proposed name of the subdivision, which shall
not duplicate or too closely resemble the names of existing subdivisions
or of the Borough.
C.
Names and addresses of the owner and developer and
the registered engineer or registered surveyor who prepared the plans.
D.
North point, graphic scale and data.
E.
Existing conditions.
(1)
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%.
(2)
Tract boundaries with dimensions, bearing angles and
references.
(3)
All existing watercourses or other significant natural
features, as well as all existing buildings and other man-made features.
(4)
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.
(5)
The names of all owners of all abutting unplotted
land and the names, plat book reference and perimeter lotting of all
abutting subdivisions.
(6)
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.
A street pattern showing the names and width of rights-of-way
and cartways of streets and the width of crosswalks and easements.
B.
Layout of lots showing approximate dimensions, numbers
and areas in square feet.
C.
Those parcels of land proposed to be dedicated or
reserved for public use.
D.
The proposed building line for each street.
E.
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.
A.
Profiles and typical cross sections of all proposed
streets shown on the preliminary plan shall be provided.
B.
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.
C.
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.
A.
General. The subdivision plan shall conform to the
Borough Master Plan.
B.
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.
C.
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.
A.
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.
B.
The street layout shall be related to the topography
of the land.
C.
Minor or residential streets in the subdivision shall
be designed to discourage through traffic.
D.
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.
E.
Minor streets shall not intersect the same side of
a principal street or collector street at intervals of less than 200
feet.
F.
Culs-de-sac shall normally not exceed 600 feet in
length and must have a right-of-way radius of 50 feet.
G.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
Intersections involving the junction of more than
four streets are prohibited.
B.
Right-angle intersections shall be used whenever practicable,
especially where minor residential streets intersect collector streets.
C.
In the event that a right-angle intersection is not
practicable, a smaller angle may be used at the discretion of the
Borough Engineer.
D.
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.
A.
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.
B.
Streets that are extensions of or obviously in alignment
with existing named streets shall bear the names of the existing streets.
C.
Residential blocks shall be of sufficient depth to
accommodate two tiers of lots, except where reverse-frontage lots
may be used.
D.
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.
E.
All corner lots shall have a width at least forty-percent
greater than the minimum width of the interior lots in the same block.
F.
All lots shall abut a street.
G.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
Curbs. All curbs shall be either straight or rolled
concrete and in conformity with the specifications of the Borough
pertaining to curbs.
D.
Sidewalks. Sidewalks shall be required on both sides
of all collector streets; they may be required on one side of residential
streets.
E.
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.
[Amended 12-10-1962 by Ord. No. 253]
F.
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.
[Amended 6-14-1976 by Ord. No.
346, approved 6-14-1976]
G.
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.
H.
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.
I.
Fire hydrants. Fire hydrants shall be installed at
accessible appropriate locations to give adequate fire protection
as outlined by the American Insurance Association.
J.
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.
K.
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.
A.
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.
B.
The final plan shall show the following:
(1)
The subdivision name or identifying title.
(2)
The name and address of the owner and subdivider,
and the name, license number and seal of the licensed engineer or
surveyor.
(3)
The North point, scale and data.
(4)
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.
(5)
Accurate distances and directions to the nearest established
street corners or official monuments. Reference monuments shall be
accurately described.
(6)
Accurate locations of all existing and recorded streets
intersecting the boundaries of the tract.
(7)
The names of adjoining subdivisions, if any, and the
book and page where recorded and the names of owners of all adjacent
unplotted land.
(8)
All easements and open-space limitations on easements
shall be noted on the plans.
(9)
Any existing public lands for which offers of dedication
are included.
(10)
Any areas to which title is reserved by the
owner.
(11)
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.
(12)
Lots numbered in consecutive order, with the
area shown in acres or square feet.
C.
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.
A.
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.
B.
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.
C.
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.
D.
Application for a construction permit shall include
construction items and quantities of all planned work.
E.
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.
F.
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.
[Amended 6-14-1976 by Ord. No.
346, approved 6-14-1976]
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.
