In addition to the standards in this Article VI, all subdivisions and land developments shall be designed in accord and comply with the applicable requirements of Chapter 500, Zoning.
A.
General process and design.
(1)
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 then shall be applied as such by the Planning Commission and Borough 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.
(2)
Planning. The development shall conform to the proposals and conditions shown in the Jim Thorpe Borough Comprehensive Plan and any local or regional plans adopted by the Borough. In the case of major subdivisions and land developments, the applicant shall submit a narrative detailing how the development conforms to any applicable plan.
(3)
Improvements, specifications. Additional improvements, or improvements of more stringent specifications, may be required in specific cases where, in the opinion of the Borough 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 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, water courses, 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 water course shall not be permitted except with the approval of the Borough and, where appropriate, the PA DEP and the US 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 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 This shall be accomplished through careful planning of vegetation removal 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 flood plains), swales, springs and other lowland areas are resources that warrant restrictive land use controls because of flooding hazards to human life and property, ground water recharge functions, importance to water quality, and the health of aquatic communities and wildlife habitats. Such areas are generally poorly suited for subsurface sewage disposal systems. Stormwater management shall be provided in accord with Borough stormwater regulations and 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, as 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-lot sewage systems.
(c)
Steep slopes. The purpose of steep slope regulations is to conserve and protect those areas having steep slopes from inappropriate development and excessive grading; to prevent potential dangers caused by erosion, stream siltation, and soil failure; and to promote uses in steep slope areas that are compatible with the preservation of existing natural features, including vegetative cover by restricting grading. Steep slope area is defined and established as those areas having an original, unaltered slope of 25% or greater. The establishment of slopes shall be made by a topographic survey performed by a registered surveyor, or other means acceptable to the Borough.
(d)
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 Comprehensive Plan or by the applicant's existing resources and site analysis plan by incorporating them into proposed conservation open space areas or limiting their disturbance in areas proposed for development.
(7)
Historic structures and sites. 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 Borough, a plan will have an impact upon an historic resource, the developer shall mitigate that impact to the satisfaction of the Borough 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 (if required) about 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)
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.
(9)
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. Stormwater management shall be provided in accord with Borough stormwater regulations.
(10)
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 Borough Council may require the reservation of such area provided that such reservation is acceptable to the developer.
(11)
Walkways. Pedestrian interior walks or trails may be required, where necessary, to assist circulation or provide access to community facilities (e.g., a park or school).
(12)
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. Stormwater management shall be provided in accord with Borough stormwater regulations.
B.
Planned improvements. Physical improvements to the property being subdivided and/or developed shall be provided, constructed, and installed as shown on the approved plan.
C.
Improvements specifications. All improvements installed by the developer shall be constructed in accord with the design specifications and construction standards of the Borough and advice of the Borough Engineer.
(1)
Where there are no applicable Borough specifications, improvements shall, if approved by the Borough Council, be constructed in accord with specifications furnished by the Borough Engineer, Carbon 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 Borough Council may authorize that such specifications be prepared by the Borough Engineer or an engineering consultant.










