[Amended 7-25-2000 by Ord. No. 2000-2]
The standards and requirements contained in this article shall apply as minimum design standards for subdivisions and/or land developments within the Borough. In addition, subdivisions and/or land developments shall be designed to comply with the requirements of Chapter 380, Zoning, Chapter 315, Stormwater Management, regulations of the provider of water and/or sewer services and regulations of the Pennsylvania Departments of Environmental Protection and Transportation, as applicable. All proposed subdivisions and or land developments shall be designed, laid out, arranged, constructed and coordinated with all presently existing facilities and improvements which serve the tract proposed to be developed, including but not limited to the transportation network, sewer collection, conveyance and treatment facilities, water supply and distribution facilities and stormwater management facilities, as necessary to accommodate prospective traffic, provide adequate sewer and water service, promote proper stormwater management, facilitate fire protection, prevent flooding and conform to the Comprehensive Plan, including any urban growth boundary, the Official Map and any regulations or plans adopted in furtherance thereof. All proposed subdivisions and/or land developments shall also be designed, laid out, arranged, constructed and coordinated to ensure that abutting properties will continue to have safe and convenient access in accordance with the standards of this chapter or, if such properties do not presently have such access, to have access at least equal to the level existing prior to the proposed subdivision and/or land development. The applicant shall submit studies and reports with the preliminary plan and the final plan which shall clearly identify any assumed, proposed and required improvements to existing facilities. If an applicant submits a study, report or plan which contains improvements assumed to be installed by others and compliance with the design standards in this chapter is based upon the completion of such assumed improvements, the design standards of this chapter shall not be considered as met unless the applicant presents evidence that a governmental entity has budgeted funds and/or has entered into contracts for the assumed improvements or unless a plan for another development which proposes the installation of such improvements has been approved and recorded.
A. 
Whenever Chapter 380, Zoning, provides that the use proposed by the applicant shall constitute a use by special exception or a conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or Borough Council, as applicable, prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception or conditional use by the Zoning Hearing Board or Borough Council, as applicable.
B. 
Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of Chapter 380, Zoning, the applicant shall obtain such variance from the Zoning Hearing Board prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such variance or variances by the Zoning Hearing Board.
C. 
Whenever all or a portion of the land contained within an application for subdivision or land development approval constitutes all or a portion of land included in a prior subdivision or land development plan approved by the Borough or the Lancaster County Planning Commission and recorded in the office of the Recorder of Deeds in and for Lancaster County, Pennsylvania, the plan shall comply with all conditions, restrictions and notes imposed on the prior approval and/or included upon the recorded subdivision or land development plan. The applicant shall identify all prior recorded subdivision and/or land development plans of which all or a portion of the land contained in the plan was a part and all conditions, restrictions and notes which affect the current application. Failure to identify all applicable conditions, restrictions and notes of record on prior plans constitutes a violation of this chapter. The applicant shall submit with the application for preliminary plan approval a statement identifying the prior plans reviewed, the conditions, restriction and notes which would impact development in accordance with the plan for which approval has been requested and an explanation of the manner in which the proposed plan has been designed to comply with such conditions, restrictions and notes. This information shall be signed by the applicant or the applicant's engineer or landscape architect.
A. 
Physical improvements to the property being developed shall be provided, constructed and installed as shown on the final plan, in accordance with the requirements of the Borough. An improvement agreement shall be required to be signed and submitted by the developer for approval of the Borough Council (note Appendix for specific form).[1]
[1]
Editor's Note: The Appendix is included at the end of this chapter.
B. 
All required improvements shall be constructed at the expense of the developer as shown on the recorded plan in a manner approved by the Borough Council.
C. 
Supervision of the installation of the improvements required by this Part shall in all cases be the responsibility of the Borough or of the appropriate state regulatory agency.
D. 
The procedure for providing an improvement guaranty is outlined in § 325-9 of this chapter.
A. 
Sufficient monument locations must be shown on the final plan to define the exact location of all streets and to enable the reestablishment of all street lines. In general, they shall be set on the street line on one side of the street at the beginning and ending of all curves and at those points on the curve at the street intersections necessary to establish the actual intersection.
B. 
Markers shall be set at locations shown on the final plan as follows:
(1) 
At all points where lot lines intersect curves, either front or rear.
(2) 
At all angles in property lines of lots.
(3) 
At all other lot corners.
C. 
Monuments shall be of concrete or stone with a minimum of six inches by six inches by 30 inches or as approved by the Borough Engineer. Concrete monuments shall be marked on top with a copper or brass dowel; stone monuments shall be marked on top with a proper inscription. Markers shall consist of iron pipes or steel bars at least 30 inches long and not less than 3/4 of an inch in diameter.
D. 
Monuments and markers shall be placed so that the scored or marked point shall coincide exactly with the intersection of lines to be marked and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground.
[Amended 7-28-1992 by Ord. No. 1992-5; 8-27-1996 by Ord. No. 1996-8; 7-25-2000 by Ord. No. 2000-2]
A. 
Construction standards. All streets in a subdivision or land development shall be designed and constructed in accordance with all requirements of this section and all requirements of Chapter 320, Streets and Sidewalks, of the Code.
B. 
Alignment.
(1) 
The minimum radius at the center line for the horizontal curves on arterial streets shall be 600 feet; for collector streets, 300 feet; and for local streets, 150 feet. Proper superelevation shall be provided for curves on arterial streets.
(2) 
There shall be a tangent of at least 100 feet between reverse curves for all streets.
(3) 
Proper sight distances shall be provided with respect to both horizontal and vertical alignment. Measured along the center line, four feet above grade, this shall be 400 feet for arterial streets, 200 feet for collector streets and 150 feet for local streets.
C. 
Intersections.
(1) 
No more than two streets shall intersect at the same point.
(2) 
Right-angle intersections shall be used whenever possible.
(3) 
Street curb intersections shall be rounded by a tangential arc with a minimum radius of 20 feet for local streets and 30 feet for intersections, including collector and arterial streets.
(4) 
Radius corners shall be provided on the property lines substantially concentric with the curb radius.
(5) 
There shall be provided and maintained at all intersections a clear sight triangle easement or dedicated right-of-way, which shall include the area on each street corner that is bounded by a line-of-sight of 100 feet, measured along the center line from the point of intersection. Clear sight triangles shall be indicated on all plans, and a note shall be provided on all plans which states that no structures, landscaping or grading may be constructed, installed, performed or maintained in the area of the clear sight triangle which shall exceed three feet in height or which may in any manner obscure the vision of motorists at such intersection. Deeds to lots which contain clear sight triangles shall specifically include this restriction.
(6) 
Proper sight distance shall be provided with respect to both horizontal and vertical road alignments at all intersections. The sight distance shall be measured from a line 10 feet back from the edge of the cartway of the intersected street perpendicular to the center line of the intersecting street. The sight distance shall be determined by the design speed of the road and grade of the intersecting street by using the formula:
D = 1.47Vt + [V2/30 (F + G)]
Where:
D =Distance
V = Speed of the oncoming vehicle
t = Reaction time of the driver
F = The coefficient of friction on the vehicle
G = Grade of the intersected street.
The driver's eye height shall be 3 1/2 feet above the proposed access surface and roadway surface, and the vehicle's height shall be 4 1/4 feet above the access surface and highway pavement surface.
(7) 
Intersections involving arterial with collector streets and intersections involving collector with collector streets shall not be located less than 1,000 feet apart on the same side of the street, measured from center line to center line, along the center line of the major street.
(8) 
Two streets intersecting from opposite sides shall intersect at their center lines, or their center lines shall be offset by a minimum of 200 feet.
D. 
Widths.
(1) 
Minimum street and cartway widths shall be as follows:
Street
Width of Right-of-Way
(feet)
Width of Cartway
(feet)
Local
50
34
Marginal-access
None
27
Service drive
None
22
Private (on-street parking)
None
34
Private (off-street parking)
None
24
Cul-de-sac turnaround
100
80
Collector
60
36
Arterial
100
24*
NOTE:
*The developer is required only to build the first 24 feet of the required cartway width.
(2) 
The Borough Council may require provision for additional cartway width in specific cases for public safety and convenience or for access to off-street parking in commercial and industrial areas and in areas of high-density residential development.
(3) 
When a subdivision fronts on an existing road having a right-of-way of less than the minimum width required in this chapter, an ultimate right-of-way shall be established. The distance of this ultimate right-of-way line from the center line of the existing right-of-way shall be 1/2 the width of the required minimum right-of-way.
E. 
Cul-de-sac streets and P-streets. All cul-de-sac streets and P-streets shall comply with the following requirements:
(1) 
Permanent cul-de-sac streets or P-streets will not be approved when a through street is feasible.
(2) 
Temporary or permanent cul-de-sac streets or P-streets shall not exceed a center-line distance of 500 feet in length, measured from the center line intersection of the cul-de-sac street or P-street with a street which is a through street to the center of the cul-de-sac turnaround or to the farthest point on the P-street from the intersection with the through street. A cul-de-sac street shall have a minimum length of 250 feet, measured from the edge of the pavement or curbline of the intersecting through street to the edge of the cul-de-sac turnaround. A P-street shall have a minimum length of 250 feet, measured from the edge of the pavement or curbline of the intersecting through street to the farthest point from the center line of the intersecting through street.
(3) 
All cul-de-sac streets, whether permanently or temporarily designed, shall be provided at the closed end with a full paved turnaround with a minimum diameter of 80 feet. The minimum right-of-way diameter of the turnaround shall 100 feet. Where the cul-de-sac street is a temporary cul-de-sac street, the use of the turnaround shall be guaranteed until such time as the cul-de-sac street is extended and made a through street. The developer or other person who extends a street which has been provided with a temporary turnaround shall remove the temporary turnaround and restore the area of the temporary turnaround. The Borough Council may permit an alternative turnaround design, including a turnaround incorporated into a parking court or landscaped island, provided that safe movement of traffic is assured, adequate radii are used and guaranteed long-term maintenance is in place. All turnarounds shall be designed to provide an area for the deposit of snow by snowplow; and if the cul-de-sac street is proposed for dedication to the Borough, the developer shall provide an easement for winter weather maintenance purposes if the area for depositing of snow is located outside of the street and turnaround right-of-way.
(4) 
Cul-de-sac streets and P-streets, whether existing or proposed shall provide access to not more than 50 dwelling units or units of occupancy or, in the case of nonresidential developments, not more than 500 average daily vehicle trips based on the latest edition of Trip Generation, published by the Institute of Transportation Engineers. Where a subdivision or land development is proposed which shall gain access to or from an existing cul-de-sac street or P-street or a cul-de-sac street or P-street proposed to be developed on another subdivision or land development plan, all existing and all proposed dwelling units or units of occupancy and nonresidential development shall be included to determine the number of dwelling units or units of occupancy and the number of average daily vehicle trips. For the purpose of this section, all development indicated on subdivision and/or land development plans which have been submitted to the Borough and which are either pending approval or have been approved but not constructed shall be considered proposed development.
F. 
Specific traffic control and access requirements. All subdivisions and land developments containing more than 50 dwelling units or units of occupancy or nonresidential buildings containing, either singly or in combination, greater than 20,000 square feet of gross floor area shall be provided with at least two separate and distinct means of access for the subdivision or land development. Where a single tract of land is subdivided into lots for subsequent development, all of the lots created by the initial subdivision shall be considered in determining whether there will be more than 50 dwelling units or units of occupancy or nonresidential buildings containing, either singly or in combination, greater than 20,000 square feet of gross floor area. All development, whether existing or proposed, and all existing dwelling units or units of occupancy and buildings shall be considered in determining whether there will be more than 50 dwelling units or units of occupancy or nonresidential buildings containing, either singly or in combination, greater than 20,000 square feet of gross floor area. For the purpose of this section, all development indicated on subdivision and/or land development plans which have been submitted to the Borough and which are either pending approval or have been approved but not constructed shall be considered proposed development.
(1) 
Access may be provided through the location of two or more public or private streets, each of which intersects with an existing public through street. Such public or private streets shall meet all of the requirements of this chapter concerning design, number of access points and construction.
(2) 
Access for a land development may be provided through two or more access drives into the land development from an existing public street or private street meeting the requirements of this chapter, unless such access drives are prohibited by other provisions of this chapter. Such access drives shall be separated by a distance of at least 150 feet, unless a greater separation distance is required by this chapter or by any other law or regulation. The intersection of the access drive with the abutting street shall comply with all requirements of this chapter.
(3) 
If the applicant is unable to provide access to the subdivision or land development meeting the requirements of Subsection F(1) or (2) of this section and, if applicable, has obtained a waiver from the requirements of Subsection E of this section, the applicant shall provide an emergency access.
(a) 
The emergency access shall be improved in a manner that emergency vehicles may safely transverse the area. The Borough Council may consider the recommendations of providers of emergency services within the Borough when determining the nature and extent of the improvements which are required. The area of the emergency access shall be clearly indicated on the plan.
(b) 
The applicant shall submit evidence that the emergency access design has been reviewed and approved by the providers of emergency services within the Borough. The applicant shall demonstrate that the emergency access will be accessible to emergency vehicles after completion of construction.
(c) 
The emergency access may be located so that access to the subdivision or land development is gained from a public street at a location unsuitable for regular access with the existing public street.
(d) 
The emergency access may be located so that access is gained from an adjoining tract. For example, a subdivision or land development adjoining a parking lot of another use may provide emergency access through a point with a break chain or other acceptable device. Applicants with plans indicating emergency access through an adjoining tract shall provide evidence that the adjoining property owner has irrevocably consented to such emergency access location.
(4) 
The following traffic control and access requirements shall be additionally required for all subdivisions or land developments which are anticipated to produce 100 peak-hour directional trips:
(a) 
No street or access drive shall be located in a manner which would limit access to or exiting from abutting properties gaining access from the existing street with which the proposed street or access drive will intersect, unless the applicant provides such lots with alternate access from the proposed street or access drive system in a manner acceptable to each affected lot owner. It shall be the burden of the applicant to demonstrate that such access is acceptable to all owners of an affected lot. For the purpose of this provision, limitation of access shall include the limitation of turning movements into or exiting the abutting property or properties gaining access from the existing street, whether by traffic regulations, installation of barriers to prevent turning movements, installation of additional traffic lanes in front of a property or difficulties or delays resulting from increased traffic flows.
(b) 
Additional left and right turning lanes shall be provided to address the existing roadway sight conditions and access to the proposed subdivision or land development.
G. 
State highways. All subdivisions and land developments which propose access or improvements to a state highway shall comply with all requirements of this chapter and with all applicable requirements of the Pennsylvania Department of Transportation. The developer shall obtain all necessary permits and approvals from the Pennsylvania Department of Transportation for the proposed access and/or improvement to the state highway.
A. 
Curbs.
(1) 
Curbs shall be required on all new streets within subdivisions.
(2) 
Curbs shall be provided on all new streets and parking compounds located within a land development, unless Subsection B(3) of this section is shown to apply.
(3) 
In areas where curb is not used, satisfactory provision must be made to avoid erosion.
(4) 
All curbs shall conform to specifications for Class A concrete, as specified by the Pennsylvania Department of Transportation, with a minimum compressive strength of 3,000 pounds per square inch after 28 days.
(5) 
Curbs shall be constructed to the dimensions shown in the Appendix.[1] Curbs shall be of the vertical type unless otherwise approved by the Borough Council. The transition from one type of curb to another shall be affected only at a street intersection.
[1]
Editor's Note: The Appendix is included at the end of this chapter.
(6) 
Curbing shall be constructed in ten-foot lengths. A premolded expansion material having a minimum thickness of 1/4 inch shall be placed between sections of curved curb and at intervals of not more than 120 feet. Intermediate joints between ten-foot sections shall be formed of two layers of single-ply bituminous paper.
(7) 
The depressed curb at driveways shall be no higher than 1 1/2 inch above the street surface. The length of this depressed curb shall not exceed 35 feet without a safety island. This safety island shall not be less than 15 feet in length. Pipes or grates or other constructions shall not be placed in the gutter or form a driveway ramp.
(8) 
Excavations shall be made to the required depth, and the material upon which the curb is to be constructed shall be compacted to a firm, even surface. Where the subgrade is soft and spongy, a layer of crushed stone not less than four inches thick shall be placed under the curb.
B. 
Sidewalks.
(1) 
Sidewalks shall be required on both sides of the street in all subdivisions.
(2) 
Sidewalks shall be provided along all new streets and parking compounds located in land developments, unless it can be shown to the satisfaction of the Borough Council that pedestrian traffic does not allow or mix with vehicular traffic, in which case, both sidewalks and curbs may not be required.
(3) 
Sidewalks shall be located within the street right-of-way one foot from the right-of-way line.
(4) 
All sidewalks shall conform to specifications for Class A concrete, as specified by the Pennsylvania Department of Transportation, with a minimum compressive strength of 3,000 pounds per square inch after 28 days.
(5) 
Sidewalks shall be constructed to the dimensions shown in the Appendix.[2] Sidewalks shall be a minimum of four feet wide, except along collector and arterial streets and adjacent to shopping centers, schools, recreation areas and other community facilities, where they shall be a minimum of five feet wide.
[2]
Editor's Note: The Appendix is included at the end of this chapter.
(6) 
Where a sidewalk abuts the curb and a building, wall or other permanent structure, a premolded expansion joint 1/4 inch in thickness shall be placed between the curb and the sidewalk for the full length of such permanent structure. Sidewalks shall be constructed in separate slabs 30 feet in length except for closures. The slabs shall be separated by a transverse premolded expansion joint 1/4 inch in thickness. The slabs between expansion joints shall be divided into blocks five feet in length by scoring transversely.
(7) 
Sidewalks shall have a minimum thickness of four inches where used solely for pedestrian traffic and a minimum thickness of six inches at all driveways. Welded wire fabric (66-1010) shall be provided in all sidewalk construction at driveways.
(8) 
Excavations shall be made to the required depth, and a layer of crushed stone or cinders not less than four inches thick shall be placed and thoroughly compacted prior to laying the sidewalk.
[Amended 5-5-1986 by Ord. No. 1986-4]
A. 
The method of sanitary sewage disposal shall be approved by the Borough Council.
B. 
Whenever standards for required sanitary sewer improvements are not specified by the Borough Council, the applicable standard requirements of the Pennsylvania Department of Environmental Protection shall govern, and all work shall be performed in the manner prescribed in the standard specifications for sanitary sewer construction of said Department for the type of construction under consideration.
C. 
Sanitary sewer pipes shall be vitrified clay sewer pipe (VC) or asbestos-cement sewer pipe (AC) or Type PSM, SDR 36 PVC sewer pipe, ASTM D3034, or as approved by the Borough Engineer.
D. 
Sanitary sewer pipes shall have a minimum diameter of eight inches and shall have a minimum of 3 1/2 feet of cover.
E. 
Force mains shall be of cast iron, asbestos-cement pressure pipe or as approved by the Borough Engineer.
F. 
Manholes shall be constructed in accordance with the standard details in the specifications located in the Appendix.[1] Manholes shall be constructed of reinforced concrete with cast-iron frames and covers.
[1]
Editor's Note: The Appendix is included at the end of this chapter.
G. 
Where feasibility studies of the Borough indicate that construction or extension of a public sewerage system appears probable within a reasonable time, the Borough Council may require the installation of capped sewer mains and house connections in addition to the installation of individual, on-lot sanitary sewage disposal systems. It shall be the responsibility of the Borough to inspect and approve the design and installation of such facilities.
[Amended 1-6-1986 by Ord. No. 1986-1; 5-10-1990 by Ord. No. 1990-4]
A. 
The design and installation of any local community water distribution system shall be subject to the requirements of the Pennsylvania Department of Environmental Protection, and such system shall be further subject to satisfactory provision for the maintenance thereof.
B. 
Whenever feasible, all subdivisions and land developments shall be provided with a complete water distribution system, which shall be connected to a public water system. The design and installation of such system shall be subject to the approval of the appropriate operating authority of the water system, except that the Borough will accept only the following standards and materials:
(1) 
Water mains shall be constructed of cement-lined, cast-iron or ductile-iron minimum Class 22 pipe. No extension of water mains shall be permitted for a pipe having a diameter of less than eight inches.
(2) 
All pipe shall have a minimum cover of three feet six inches from grade to the crown of pipe.
(3) 
Generally, water mains shall be so designed as to form a loop system to enhance the continual supply of fresh water. When dead ends occur on new mains, they shall all be closed with cast-iron plugs or caps, with a blowoff valve or fire hydrant.
(4) 
Mains shall be drained through drainage branches or blowoffs to dry wells from which the water can be pumped. Drainage branches, blowoffs, air vents and appurtenances shall be provided with gate valves.
(5) 
Blowoffs shall not be connected to any sewer or submerged in any manner that will permit backsiphonage in the distribution system.
(6) 
Valves in water mains shall, where possible, be located on the street property lines extended. A cast-iron valve box or a masonry pit shall be provided for every valve as shown on the plans. A valve box shall be provided for every valve which has no gearing or mechanism or for which the gearing or operating mechanism is fully protected with a cast-iron grease case. A masonry valve pit shall be provided for every valve which has exposed gearing or operating mechanisms.
(7) 
Manholes shall be constructed of brick, with cast-iron frames and covers.
(8) 
Fire hydrants shall be provided as an integral part of any public water system. They shall be located no farther than 500 feet apart, as measured within the right-of-way. Each hydrant shall be connected to the main with a minimum of six-inch cast-iron branch controlled by a minimum of an independent six-inch gate valve.
(9) 
Hydrants shall be located in a manner to provide complete accessibility and so that the possibility of damage from vehicles or injury to pedestrians will be minimized. When placed behind the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than 24 inches from the gutter face of the curb. When set in the lawn space between the curb and the sidewalk or between the curb and the property line, no portion of the hydrant or nozzle cap shall be within six inches of the sidewalk.
C. 
All persons desiring to extend public water mains shall be required to enter into an extender's agreement, as shown in the Appendixes,[1] which shall provide for:
(1) 
The extension of water mains at the cost of the extender requesting such extension.
(2) 
The leasing and operation of such mains by the Borough.
(3) 
Connection fees for connections thereto by persons other than the lessor and reimbursement thereof to the lessor for a period of 10 years.
[1]
Editor's Note: The Appendixes are included at the end of this chapter.
D. 
When a municipal or community water supply system is not available, each lot in a subdivision shall be provided with an individual water supply system in accordance with all applicable standards of the Pennsylvania Department of Environmental Protection. If water is to be provided by a means other than by a private well owned and maintained by the individual owners of lots, the applicant shall provide evidence that the subdivision or development will be supplied by a public water system.
[Amended 7-14-1988 by Ord. No. 1988-5]
All subdivision and/or land development applications are subject to the standards and requirements set forth in Chapter 315, Stormwater Management. All stormwater management facilities shall be designed and constructed in accordance with Chapter 315, Stormwater Management. Chapter 315, Stormwater Management, is hereby incorporated into this chapter.
A. 
All subdivisions and land developments are required to comply with the Clean Streams Law of Pennsylvania and Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection.
B. 
The developer is responsible for the submission and approval of an application to the regional office of the Pennsylvania Department of Environmental Protection for a permit to allow any earth-moving activity. All developers are required to obtain such permit, except those developers designated in § 102.41, Permits and Plans, of Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection.
C. 
The erosion and sedimentation control plan must be available at all times at the site of the activity. When required, the permit allowing earth-moving activity shall be obtained by the developer before any construction on the site shall begin.
A. 
Streetlights shall be provided with the construction of all new streets. A plan for streetlights, approved by the utility company, shall be provided by the developer to the Planning Commission for review and the Borough Council for approval upon submission of final subdivision or land development plans.
B. 
Lights shall be installed at all locations considered hazardous by the Borough Engineer and approved by the Borough Council.
C. 
The minimum light source for streetlighting shall produce 4,000 lumens on the street directly under the streetlight.
D. 
Styles and types of fixtures shall be subject to the approval of the Borough Council.
A. 
Shade trees shall be provided and placed back of the right-of-way line of all new streets at least five feet from the sidewalk or placed between the curb and sidewalk, provided that the planting strip is a minimum of six feet wide. The Shade Tree Commission shall specify the exact location of all street trees.
B. 
Trees generally shall be of a two- to two-and-one-half-inch caliper with a maximum planting interval of 70 feet, unless otherwise specified by the Borough. The species of shade trees shall be at the discretion of the Shade Tree Commission.
A. 
All ground surfaces in a development that are neither paved nor covered with some other solid material shall be provided with vegetative growth which is capable of preventing soil erosion and the emanation of dust during dry weather.
B. 
A planting plan which conforms to the requirements of this chapter and those of Chapter 380, Zoning, shall be required for all land developments. The planting plan shall show the location, size and name of all trees, shrubs, vegetative screens and ground covers proposed to be installed in said land development.
[Added 11-14-2000 by Ord. No. 2000-4]
A. 
Legislative intent. All residential subdivision or land development plans submitted after the effective date of this section shall provide for a suitable and adequate recreation area in order to:
(1) 
Ensure adequate recreational areas and facilities to serve the future residents of the Borough.
(2) 
Maintain compliance with recreation, park and open space standards as developed by the National Recreation and Park Association.
(3) 
Reduce increasing usage pressure on existing recreational areas and facilities.
(4) 
Comply with the Park and Recreation Plan for Millersville Borough with regard to size and distribution of recreation areas.
(5) 
Allow for acquisition and development of additional recreation areas as outlined by the Park and Recreation Plan.
(6) 
Ensure that all present and future residents have the opportunity to engage in many and varied leisure pursuits.
(7) 
Reduce the possibility of the Borough becoming overburdened with the development and maintenance of many very small, randomly planned and widely separated recreation areas.
(8) 
Protect sensitive areas and facilities of significant historical, cultural, aesthetic or environmental value.
(9) 
Provide for the opportunity of combining small plots of dedicated land from several subdivisions into larger, more usable tracts.
B. 
Applicability. The provisions of this section shall apply to all residential subdivisions or land developments, except such residential subdivisions and land developments exempted by this subsection. The provisions of this section shall apply to residential structures which are considered student residences under the provisions of Chapter 380, Zoning. Only the following residential subdivisions or land developments are exempted from the requirements of this section:
(1) 
Any residential subdivision or land development plan which is protected from the operation of changes in the governing ordinance by Section 508 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(2) 
Any residential subdivision or land development plan that will total no more than four dwelling units or lots.
C. 
Land requirements for proposed recreation areas. Land required to be provided for recreation area for residential subdivision or land development plans not exempted from the provisions of this section shall comply with the following requirements:
(1) 
The minimum lot area which shall be dedicated shall be 0.02 acre per lot or dwelling unit.
(2) 
Such land set-aside shall be suitable to serve the purpose of active and/or passive recreation by reason of its size, shape, location and topography and shall be subject to the approval of the Borough Council.
(3) 
In no event will the amount of land to be dedicated for recreation be less than the minimum lot size for the zoning district in which the subdivision or land development is located.
(4) 
The developer may request that the Borough not require the dedication of land; and any such request shall be accompanied by an offer to pay a fee in lieu of dedication of land, computed in accordance with the regulations under Subsection G, an offer to construct recreation facilities and/or an offer to privately reserve land for park or recreation purposes.
D. 
Criteria for proposed recreation areas. Whether publicly dedicated or privately reserved, proposed recreation areas shall be designed in accordance with the requirements of this subsection and other applicable requirements of this chapter and Chapter 380, Zoning:
(1) 
Recreation areas shall be easily and safely accessible from all areas of the development to be served, shall have good ingress and egress and shall have direct access to a public roadway. No public vehicular roadways shall traverse the recreation area.
(2) 
Recreation areas shall be contiguous and regular in shape.
(3) 
Recreation areas shall have suitable topography and soil conditions for use and development as a recreation area.
(4) 
A minimum of 75% of the required recreational area shall have a maximum slope of 7%.
(5) 
No more than 50% of the recreational area may be within floodplain or wetlands areas, as defined by the U.S. Department of Housing and Urban Development Flood Insurance Rate Map, the United States Army Corps of Engineers, the Borough Engineer and/or the Department of Environmental Protection or have other features which would render the land undevelopable.
(6) 
No stormwater management facilities designed to retain or detain water from other portions of the development shall be permitted within the recreation area.
(7) 
Recreational areas shall be easily accessible to all essential utilities contained within the subdivision, such as public water, power and sewer. No utility easements or rights-of-way shall traverse the recreation area.
(8) 
Recreational areas shall not contain any materials which would be termed hazardous wastes under applicable state and federal statutes, shall not contain any petroleum products and shall not contain any underground storage tanks or locations from which underground storage tanks were removed.
(9) 
Recreational areas shall be suitable for development as a particular type of park, as categorized by the current edition of the National Recreation and Park Association's National Park, Recreation and Open Space Standards and Guidelines and updates.
(10) 
Recreational areas shall be compatible with the objectives, guidelines and recommendations as set forth in the Borough Park and Recreation Plan and updates.
(11) 
If the developer plans to construct facilities for recreation in the recreation area as an amenity for the development, such facilities shall be constructed in accordance with current standards established by the National Recreation and Park Association. The developer shall present a sketch plan of the facilities to be constructed and an estimate of the cost of construction.
(12) 
When a subdivision or land development is traversed by or abuts an existing trail customarily used by pedestrians and/or equestrians, the developer shall make provisions for the continued recreational use of the trail, subject to alterations of the course of the trail within the boundaries of the development. The points at which the trail enters and exits the tract shall remain unchanged. Any proposed alteration to the existing trail shall exhibit quality trail design according to generally accepted principles of landscape architecture. Any proposed alteration shall not run coincidentally with a paved road intended for use by motorized vehicles. Land set aside for the continuation of an existing trail may be included within the amount of recreational area required by Subsection C.
E. 
Dedication of recreation area to the Borough. All recreation area required by this section shall be irrevocably dedicated to the Borough, unless the Borough shall waive such required dedication. The recording of a subdivision or land development plan upon which recreation area is indicated shall constitute an offer of dedication to the Borough. The Borough Council, in its sole discretion, shall have the power to accept dedication of such land. The developer shall present evidence of clear title to the recreation area and a deed of dedication, which shall be in a form acceptable to the Borough Solicitor. The developer shall reimburse the Borough for all costs associated with the acceptance of dedication.
(1) 
The developer may request that the Borough waive the requirements to dedicate land set forth herein. Any request for such a waiver shall include whether the developer proposes to privately reserve such recreation area or proposes payment of a fee in lieu of land dedication or proposes to dedicate a portion of the recreation area and in lieu of the remaining portion make improvements to the dedicated land.
(2) 
All approved recreation areas shall be completed and dedicated or reserved before 50% occupancy has been reached in any applicable subdivision or land development. The Borough may avail itself of all remedies provided by the Municipalities Planning Code, including but not limited to the withholding of permits, to ensure compliance with this provision.
F. 
Private reservation of land. The developer may request a waiver from the mandatory dedication requirement imposed by this section to permit the recreation area to be privately reserved. A written agreement between the developer and the Borough which specifies the developer's obligations shall be executed prior to or concurrent with final plat approval. Such agreement must be in a form and have specific content that is acceptable to the Borough Solicitor.
(1) 
The agreement shall stipulate whether the developer, a homeowners' association or a condominium unit owners' association shall be responsible for construction and maintenance of the designated recreation facilities, whether such private facilities will be available to nonresidents of the development and how the private reservation may be revoked under a set of future circumstances.
(2) 
If such lands and facilities are to become common elements of a homeowners' or unit owners' association of any type, then such association's organization bylaws must conform to the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. § 5101 et seq. Such documentation shall be recorded, shall provide that the land cannot be further developed for other than recreation purposes and shall give the Borough the right to maintain the land as set forth in Article VII of the Municipalities Planning Code dealing with the maintenance of common open space in planned residential developments.
(3) 
The deed of conveyance of such recreation area shall contain a restrictive covenant limiting such land and improvements to the common use of the property owners within the development for the purposes initially approved by the Borough. Said deed shall also contain a restriction that said lands and improvements may not be sold or disposed of by the association, except to another organization formed to own and maintain said recreation area, without first offering to dedicate the land and improvements to the Borough. Such covenants shall be in a form acceptable to the Borough Solicitor.
(4) 
If acceptable to the Borough, the recreation area may be transferred to a not-for-profit corporation established for the conservation or preservation of land or for providing recreational facilities. The documents relating to the transfer of the land shall be in a form acceptable to the Borough Solicitor, shall be recorded and shall provide that the land is permanently restricted from further development. Arrangements acceptable to the Borough shall be made for the maintenance of the recreation land.
G. 
Fee in lieu of dedication. When so requested by the developer, the Borough may accept a fee in lieu of dedication because of size, shape, location, access, topography or other physical features which render it impractical for the developer to dedicate land for recreation areas as required by this section. Such fee in lieu of payments shall be payable to the Borough prior to issuance of the recording of each final phase of the plan by the Borough, based on each phase's percentage of the total number of dwelling units.
(1) 
The amount of a fee in lieu of payment shall be the fair market value of the land required to be dedicated under Subsection C above. The developer shall provide the Borough with all information necessary to determine the fair market value of the land, including but not limited to a copy of the agreement of sale or real estate transfer tax affidavit of value if the developer is the equitable owner or has purchased the land within the past two years or an appraisal of the property by an MAI appraiser acceptable to the Borough. Fair market value shall be computed by dividing the total price for the tract by the number of acres within the tract and then multiplying that number by the amount of land required to be dedicated.
(2) 
Any developer who feels aggrieved by the price established by the Borough shall have the right to secure a second appraisal of the property by an MAI appraiser acceptable to the Borough. The two prices shall be averaged, with the result being the amount being what the developer shall be required to pay.
H. 
Fee-in-lieu funds disposition. Monies received from developers shall be laced in a capital reserve fund. Fees received from developers shall be administered and expended as required and authorized by the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.