The design standards and requirements set forth in this article shall
be observed as minimums by the subdivider in the design of each subdivision
within Honesdale Borough. The borough may require more restrictive standards
where necessary, to protect the health, safety and welfare of the public,
and where circumstances unique to the property so dictate.
A.
Those areas which are subject to such hazards of life,
health or property as may arise from fire, flood or noise, or are considered
to be uninhabitable for other reasons, may not be subdivided for building
purposes unless the hazards have been eliminated or the plans show adequate
safeguards correcting the hazards.
B.
In addition, the borough may rely upon information contained
in its Wastewater Facilities and Comprehensive Plans and, in determining and
evaluating potential hazards, use historical records, soil evaluation, engineering
studies, expert opinions, established standards used by licensed insurance
companies, or in professional practice, and federal, state or local policies.
C.
All portions of a tract being subdivided shall be taken
up in lots, streets, public lands or other proposed uses, so that remnants
and land-locked areas shall not be created. The layout of a subdivision shall
also be planned with consideration to existing nearby developments or neighborhoods,
so that the development is coordinated in terms of traffic movement, drainage
and other reasonable considerations.
D.
In all subdivisions, care shall be taken to preserve
natural features such as trees, watercourses, views and historical features
which will add attractiveness and value to the remainder of the land. Where
a subdivision of land is on a site that has a slope of more than 15%, the
borough may require larger lot sizes than the minimum standards set forth
in the Borough Zoning Ordinance.[1]
E.
Damming, filling, relocating or other interference with
the natural flow of surface water along any surface water drainage channel
or natural watercourse shall not be permitted except with the approval of
the borough and, where appropriate, the Pennsylvania Department of Environmental
Protection, or other applicable state or federal agencies.
F.
Wherever possible, lot lines shall follow municipal and
county boundary lines rather than cross them, and reserve strips controlling
access to lots, public rights-of-way, public lands or adjacent private lands
are prohibited.
A.
Blocks.
(1)
Blocks shall ordinarily not exceed 2,000 feet in length.
(2)
Pedestrian interior walks may be required, where necessary
to assist circulation or provide access to community facilities. Such crosswalks
shall have a width of not less than 10 feet and be all-weather-surfaced for
not less than four feet in width.
(3)
Blocks shall be of sufficient width to permit two tiers
of lots of appropriate depth, except where an interior street parallels a
major street, or where it backs up to a railroad, creek or other natural barrier
unsubdivided area.
(4)
Where a subdivision adjoins a major state highway (one
which is designated and marked for two lanes or more and carries at least
100 vehicles per day), the greater dimension of the blocks shall front along
said highway, and interior streets may be required to minimize the number
of points of access. Such streets may be required whenever topographic conditions,
traffic density or lack of proper sight distance dictated for reasons of health
and safety. Any subdivision of five lots or more with frontages averaging
less than 300 feet along the highway shall be subject to this requirement,
if the Borough Council determines, after inspection, that such is necessary
for the above-stated reasons.
B.
Lots.
(1)
All side lines of lots shall be at approximate right
angles to straight street lines and radial to curved street lines, except
where a variation to this rule will provide a safer layout.
(2)
Double frontage lots shall ordinarily not be plotted,
except as specifically provided herein. In that event, a planting strip of
at least 20 feet in width may be required along the back of the lot.
(3)
If remnants of land exist after subdividing, they shall
be incorporated in existing or proposed lots, unless designated as common
areas.
(4)
Either of the two sides of a corner lot may be designated
as the front, provided that the rear yard shall always be opposite the frontage
so designated. All corner lots shall have a curve with a minimum radius of
10 feet joining the intersecting right-of-way lines.
(5)
All lots shall front on a public or private street, existing or proposed. However, upon written request by the subdivider, the borough may grant a waiver to permit access to a single-family residential lot with a private drive meeting the requirements of § 183-28Q of this chapter.
(7)
Markers shall be set at the corner of each lot consistent
with surveyors' professional practice, to permanently and accurately
define the metes and bounds of the block and lots created.
Not less than 10% of the gross area of the entire tract, exclusive of
lakes or ponds, shall be reserved for common open space and the recreational
use of the residents of that subdivision or the general community, except
where such area would be less than one acre. This requirement may be waived
in instances where the average lot size is three acres or more or less than
25 lots are involved. The following and similar facilities shall meet this
requirement: swimming pools, tennis courts, riding and cycling paths, playgrounds,
community centers and other open areas. Such areas designated for play lots,
parks and other outdoor recreational facilities shall be of a size, shape
and other physical characteristics so as to be free of health and safety hazards
and suitable for the designated use. Sites so dedicated shall not be deemed
to be accepted by the borough unless and until the municipality has taken
formal action with regard to the same. The subdivider and the borough may
also agree to otherwise provide recreational land for the use of residents
pursuant to the authority of the Municipalities Planning Code,[1] including fees in lieu of dedication.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Plans and specifications for off-site water systems (i.e.,
extension of an existing system or a proposed new facility) shall be prepared
by a qualified professional and shall conform to accepted engineering practices
as well as guidelines of the DEP and PUC. Suitable agreements shall also be
established for the design, specifications, construction, ownership and maintenance
of such distribution system.
B.
The system shall be designed to furnish adequate main
sizes (minimum size shall be eight inches) and, where necessary, fire hydrants
located to meet the specifications of the Association of Fire Underwriters
and the applicable fire companies providing to that area. The minimum class
pipe to be utilized shall be Class 200, and the pipe material shall be approved
by the Borough Engineer. Service connections shall be a minimum 3/4 inch.
IPS Corporations, and service connections and curb stops shall be installed
with the water main. The minimum pressure at the curb stop shall be 25 pounds
per square inch (psi).
C.
The applicant must demonstrate ability to provide a minimum
of 110 gallons of water per capita per day (GPCD) and/or 400 gallons per day
(GPD) for each residential dwelling unit to be serviced. Service to industrial
or commercial establishments shall meet standards established by the American
Water Works Association or insurance industry underwriting standards.
D.
New off-site water supply wells shall be sited, drilled
and tested under the direct supervision of a registered professional engineer
or a professional groundwater geologist. Wells shall be so located that no
potential pollution sources can exist within a one-hundred-foot radius. The
well(s) shall also be located on a reserved parcel(s) that is(are) a minimum
area of 10,000 square feet in size.
A.
General requirements.
(1)
All residential lots shall contain suitable areas for
on-lot sewage disposal systems or be served by an approved off-site sewage
disposal system. Plans and specifications, including a planning module for
land development complete with all appropriate components as required by the
Pennsylvania Department of Environmental Protection (to revise or supplement
the Borough Official Plan), shall be submitted with all subdivision or land
development plans. Following preliminary plan approval, the borough will submit
copies of the module and necessary documentation to the commonwealth for review.
Commonwealth approval of the module and the borough's revision or supplement
to its Official Plan shall be required prior to final approval.
(2)
Off-site sewage disposal systems are also required for
all residential lots and nonresidential developments where the Borough Sewage
Enforcement Officer (SEO) or the Pennsylvania Department of Environmental
Protection determines that on-site soil conditions are unsuitable for on-lot
subsurface sewage disposal systems.
(3)
Design standards, materials and specifications shall
meet Pennsylvania Department of Environmental Protection requirements.
B.
Off-site systems.
(1)
When a public sewage disposal system is located within
1,000 feet of the proposed land development, the subdivider shall provide
a system of collection lines to connect to said system. If a county plan,
regional plan, municipal plan or subdivision requirement indicates that construction
of sanitary sewers will serve the site within approximately five years, then
capped sewers shall be required. When public sanitary sewer systems may not
be available within five years, but are likely to be available within 10 years,
then a central sewage treatment and disposal system (commonly called a "package
treatment plant") or central subsurface disposal system shall be installed
by the developer. Central sewers are required for all residential lots and
nonresidential developments where the Borough SEO (Sewage Enforcement Officer)
or DEP determines that on-site soil conditions are unsuitable for on-lot subsurface
sewage disposal systems.
(2)
Sanitary sewers shall be designed and constructed in
strict accordance with Pennsylvania Department of Environmental Protection
standards and borough standards and shall not be used to carry stormwater.
C.
On-site systems.
(1)
Where connection to neither an off-site water system
nor an off-site sewage system is required, on-site systems shall be provided
in accordance with criteria set forth by the Pennsylvania Department of Environmental
Protection. The Borough Sewage Enforcement Officer's site and soils evaluation
by the test pit method and favorable report is required prior to plan approval.
The Sewage Enforcement Officer shall determine, for purposes of preliminary
plan approval, the number and location of test pits and soil percolation tests
necessary to determine the general suitability of soils throughout the subdivision
or land development for on-lot subsurface sewage disposal. However, for final
plan approval, test pits will be required on all lots intended for building
purposes, which lack an existing sewage disposal system.
(2)
All on-site sewage disposal system elements shall be
subject to the isolation requirements provided in the state regulation.
D.
Financial guaranties.
(1)
Prior to installing any community sewage disposal system
in any subdivision or land development approved under this chapter, the Borough
Council shall be satisfied that said system shall be properly installed, guaranteed
and maintained for such period of time as necessary to determine that installation
has been accomplished in the proper manner. A maintenance bond shall also
be required and approved by the Borough Council prior to final approval.
(2)
Performance guaranties, when required because the developer is not installing improvements until after final approval, shall meet the requirements of § 183-16 of this chapter.
(3)
A maintenance bond or other suitable security (including
but not limited to the possible use of escrow arrangements or withholding
of a portion of the construction guaranty) shall accompany a final plan application
for a community sewage disposal system. Said maintenance bond shall be in
a form approved by the Council, payable to the borough, to guarantee maintenance
operation and repair of the system for 18 months after completion of construction.
In instances where the system use will not reach full capacity within a period
of one year, however, the borough may require that such guaranty run until
a period of 18 months shall have elapsed from the time full capacity is reached.
(4)
The amount of said maintenance bond or security shall
be determined by the Council, but shall generally not exceed 15% of the Borough
Engineer's estimated cost of the system. After the expiration of three
years from the date of construction completion, the borough shall release
said maintenance bond or security, provided that the system has been properly
maintained and operated during said three-year period.
(5)
In the event that the system has not been so maintained
and operated, the Council shall have the right to declare a forfeiture of
a portion or all of the maintenance bond or security, depending on the extent
of the lack of maintenance and proper operation, and to use the proceeds for
such maintenance and corrective measures as shall be demanded. Where a community
system is to be dedicated to a property owners' association (POA), however,
the Borough Council shall be satisfied that the POA has agreed to accept such
dedication and possesses the administrative and financial ability to operate
and maintain such system before any guaranty is released and rules and guidelines
pertaining to such evaluations may be adopted by resolution.
(6)
Where the scope of work and circumstances warrant, the
borough may appoint an inspector of professional qualifications to monitor
the work in progress, the costs of which inspector shall be borne by the applicant.
A.
In the event that any developer shall intend to make
land changes by grading, filling, excavating or the removal or destruction
of the natural topsoil or vegetative covering thereon in accordance with a
subdivision plan submitted to the borough, the same shall only be approved
and accomplished after the developer has submitted, to the borough, an erosion
and sedimentation plan and otherwise complied with commonwealth regulations
regarding such plans. The plan will be reviewed by the Borough Engineer at
the expense of the developer. Measures in the plan shall meet with the approval
of the Wayne Conservation District.
B.
Should any landowner make land changes, as described
above, in anticipation of subdividing said land without first preparing an
erosion and sedimentation plan approved by the Conservation District, the
borough may seek injunctive relief, and the owner shall be subject to the
penalty provisions of this chapter. The borough may also order revegetation
practices to restore the property and protect it from erosion and sedimentation.
A.
A stormwater drainage plan will be required for major subdivisions or land developments and be required in all cases where road construction is involved. Such a plan, along with § 183-26 above, shall comply with Chapter 102 of Pennsylvania DEP Regulations. Such a plan shall also be prepared in consultation with the Wayne Conservation District and the Natural Resources Conservation Service, which shall suggest methods and appropriate measures for meeting the intent of the Pennsylvania Stormwater Management Law. This plan must be compatible with the Honesdale Borough Stormwater Management Ordinance[1] and should also be compatible with any of the watershed ordinances
currently affecting the borough at the time.
B.
Stormwater drainage facilities shall be designed to accommodate
storms of a ten-year frequency unless a more stringent standard shall be required
by the borough. The general performance standard shall be that the amount
of uncontrolled stormwater leaving the site along any property line after
development shall not exceed that estimated for the site prior to development.
In instances where stormwater facilities are impractical for engineering reasons,
the borough may modify this standard as it applies to a particular project,
but shall provide for the maximum practical reduction in flow which can be
achieved under the circumstances. The developer shall provide full information
regarding the predevelopment stormwater flows and estimates at the time of
application.
C.
The following additional requirements shall apply:
(1)
Lots shall be laid out and graded to prevent cross-lot
drainage away from proposed building areas. Natural drainage courses shall
be maintained.
(2)
The existing points of natural drainage discharge onto
adjacent property shall not be altered, nor shall the rate of water runoff
be increased because of development, without the written approval of all affected
landowners.
(3)
No stormwater runoff or natural drainage water shall
be so diverted as to overload existing drainage systems, or create flooding,
or the need for additional drainage structures on other private properties
or public lands, without complete approval of provisions being made by the
developer for properly handling such conditions. Stormwater calculations and
design shall be prepared by a professional engineer, land surveyor, landscape
architect or others certified to perform such work.
(4)
Storm drainage facilities should be designed to handle
the anticipated peak discharge from the property.
(5)
Interceptors for stormwater runoff along streets shall
be so spaced and so designed to intercept 80% of the peak runoff from the
storm.
(6)
Drainage structures that are located on state highway
rights-of-way shall be approved by the Pennsylvania Department of Transportation,
and a letter from that office indicating such approval shall be directed to
the borough prior to final plan approval.
(7)
All streets shall be so designed as to provide for the discharge of surface water from their rights-of-way. The slope of the crown on proposed streets shall meet the requirements of § 183-28D of this chapter.
(8)
All proposed surface drainage structures shall be indicated
on the preliminary plan.
(9)
Drainage plans shall include all appropriate designs,
details and dimensions necessary to clearly explain proposed construction
materials and elevations.
(10)
Whenever storm drains are required by the borough, such
storm sewer systems shall be separate from the sanitary sewer system. Storm
drains or storm sewer facilities may be required in any development situation
where the Borough Council determines that surface drainage facilities are
inadequate to prevent excessive erosion and lot or road maintenance problems.
(11)
Drainage systems shall be designed in accordance with
such design standards as may be promulgated by the Pennsylvania Department
of Environmental Protection or the Pennsylvania Department of Transportation,
using hydraulic computations to show effects of the flow of water. The general
standard shall be that the amount of stormwater leaving the site along any
property line after development shall not exceed predevelopment stormwater
flows for that area. In no case shall any pipe system of less than 15 inches
in diameter be used underneath a street or driveway. All dams, lakes, ponds
or stream encroachments shall be designed in accordance with the design standards
of DEP.
(12)
Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement of at least 25 feet to each side of the stream from that stream bank, or such additional width as will be adequate to preserve the unimpeded flow of natural drainage. No subdivision in violation with DEP Chapters 105 and 106 is allowed.
(13)
All drainage systems and structures shall be subject
to the approval of the Borough Engineer, Borough Council or any such other
qualified person as may be appointed for this purpose by the Borough Council.
A.
General. The arrangement, character, extent, width, grade
and location of all streets shall conform to the Borough Comprehensive Plan
and Borough Ordinance No. 410.[1] Where not indicated in the Comprehensive Plan or other borough
ordinances, the arrangement and other design standards of streets shall conform
to the provisions found herein. Every subdivision shall have access to a public
right-of-way.
B.
Design and arrangement.
(1)
In general, all streets shall be continuous and in alignment
with existing streets and shall compose a convenient system to ensure circulation
of vehicular and pedestrian traffic, with the exception that minor streets
shall be laid out, including the use of loop streets and culs-de-sac, so that
their use by through traffic will be discouraged.
(2)
Where a subdivision abuts or contains an existing or
proposed arterial street, marginal access streets may be required in order
to protect residential areas from heavy traffic and also to provide separation
between local and through traffic.
(3)
Streets shall be logically related to the topography
so as to produce usable lots and reasonable grades as required by this and
other borough ordinances.
(4)
New half or partial streets will not be permitted. Wherever
a tract to be subdivided borders an existing half or partial street, the remaining
portion of the street shall be platted within such tract.
(5)
Dead-end streets shall be prohibited, except when designed as culs-de-sac. Street stubs, designed to permit future street extension into adjoining tracts, shall be permitted when designed with a temporary cul-de-sac meeting the requirements of § 183-28F of this chapter.
(6)
Where adjoining areas are not subdivided, the arrangement
of streets in new subdivisions shall make provision of the extension of streets.
(7)
Streets shall be laid out to intersect as nearly as possible
at right angles; in any event, no street shall intersect another at less than
60°. Intersections of more than two streets shall be avoided. Where this
proves impossible, such intersections shall be designed with care for safety,
and suitable curbs, barriers, signs and other devices as may be required.
Streets entering opposite sides of another street shall be laid out directly
opposite one another or offset a minimum of 200 feet.
(8)
Street and driveway intersections with arterial streets
shall not be so numerous, nor so close to each other, as to impede the flow
of traffic.
(9)
Clear sight triangles shall be provided at all street
intersections. Within such triangles, no structure or vision-obstructing objects
other than utility poles, streetlights, street signs or traffic signs shall
be permitted which obscure vision above the height of 36 inches and below
10 feet measured from the center-line grade of intersecting streets. Such
triangles shall be established from a distance of 75 feet from the point of
intersection of the center lines.
(10)
Whenever, in connection with a major subdivision, the
principal access (whether public or private) to such subdivision, by virtue
of bridge weight limits of less than 20 tons or other comparable limitations,
would restrict access to the property by emergency vehicles or school buses,
the subdivider shall so indicate in writing on the final plats to be recorded
and shall provide for notification to prospective lot buyers through deed
covenant provisions which shall be approved by the Borough Council as to form.
C.
Alleys. Alleys may be permitted in residential areas
under special circumstances, but in no case shall an alley provide the only
means of access to a lot. Alleys are required on the rear of all commercial
and industrial lots, if no other provisions are made for adequate service
access or for parking.
D.
Street grades.
(1)
E.
Street and alley width.
(1)
The width of all major thoroughfares shall conform to
the width designated on the municipality's official map or major thoroughfare
plan.
(2)
The minimum right-of-way widths for streets and alleys
are as follows:
|
Type of Street or Way
|
Minimum Right-of-Way Width
(feet)
| |
|---|---|---|
|
Major streets
|
60
| |
|
Collector streets
|
50
| |
|
Minor streets
|
50
| |
|
Alleys
|
20*
| |
|
Crosswalks
|
4
|
|
*NOTE: More right-of-way may be required in areas where ditches are
used in place of curbs and gutters.
|
(3)
Where the proposed subdivision fronts on an existing
public right-of-way of less than the required width as specified above, the
subdivider should consider providing additional right-of-way as may be required
to conform to these standards.
F.
Culs-de-sac. Cul-de-sac streets, permanently designed
as such, shall not exceed 1,000 feet in length and shall furnish access to
not more than 12 dwelling units. Cul-de-sac streets shall have, at the closed
end, a turnaround with the right-of-way having a minimum outside radius of
not less than 50 feet and shall be paved to a radius of not less than 40 feet.
Drainage of culs-de-sac shall preferably be towards the open end.
G.
Dead-end streets. On all dead-end roads, a turn-about
area with a one-hundred-foot diameter right-of-way and eighty-foot diameter
traveled portion shall be provided.
H.
Grading. The entire width of the travel way of each street
in a proposed subdivision shall be graded and suitably prepared for installation
of paving, drainage structures, curbs and gutters, in accordance with the
appropriate standards for the class of street. The subgrade shall be free
of sod, vegetative matter or other similar material. Where poor subsurface
drainage conditions exist, adequate drainage shall be installed. The subgrade
construction shall conform to minimum standards of Borough Road Ordinance
No. 410.[3]
I.
Pavement.
(1)
The width of pavement required shall vary, depending
upon the character of the development served and the amount of traffic expected
to utilize the street. The following are minimum street pavement widths:
|
Type of Street
|
Minimum Shoulder Width
(feet)
|
Minimum Clearance Beyond Shoulder
(feet)
|
Minimum Pavement Width
(feet)
|
|---|---|---|---|
|
Major streets
|
10
|
10
|
24 (2 lanes)
|
|
Collector streets
|
10
|
8
|
22
|
|
Minor streets
|
4
|
4
|
18
|
J.
Berms and embankments.
(1)
Street shoulders shall be constructed with materials
as specified by the Borough Road Ordinance. The entire shoulder area shall
be uniformly and thoroughly compacted by rolling and must be level with the
top of the road paving, or as directed by the Engineer.
(2)
Embankments at the sides of streets and cross sections
of drainage ditches shall not exceed a maximum slope of two feet horizontally
to one foot vertically in a cut or fill section. In special cases, the Engineer
may require more rigid standards.
K.
Curbs and gutters.
(1)
In commercial developments or where other similar intensive
uses exist or are anticipated, curbs shall ordinarily be required on primary,
secondary and minor highways, if such construction is deemed necessary for
public safety.
(2)
Minimum curb or pavement edge radii at street intersections
shall be 30 feet.
(3)
Where curbs exist on abutting properties, their extension
will ordinarily be required throughout the proposed subdivision.
(4)
Curbs shall not be constructed where pavements are less
than 22 feet in width. Where curbs are not required, adequate gutters shall
be graded and protected by seeding or appropriate surfacing.
(5)
Curbs may be of the wall type or may be combined with
gutters built of concrete. Curbs, combined curbs, and gutters, and graded
gutters shall be constructed in accordance with any applicable specifications
and standards which may be contained in the Borough Road Ordinance.
L.
Walls, slopes and traffic guards.
(1)
Where the grade of the street is above or below the grade
of the adjacent land, walls or slopes shall be constructed in a manner satisfactory
to the borough and shall be sufficient to support the street or the adjacent
land, as the case may be.
(2)
Where the grade of the street is three feet or more above
the grade of the adjacent land, guards shall be built to protect travel, if
required by the Borough Engineer.
M.
Street improvements (generally). All streets, including
culs-de-sac and alleys, shall be constructed as shown on the preliminary plan
approved by the Council and in conformity with the Borough Road Ordinance.
Where such ordinance does not provide a clear standard, the borough may rely
upon the standards promulgated by the Pennsylvania Department of Transportation
for local streets.
N.
Street name signs. Four-way street name signs of a design
approved by the Council will be installed at each street intersection by the
subdivider at his own expense. Streets that are extensions of, or obviously
in alignment with, existing streets shall bear the name of existing streets.
Street names shall not be repeated within the borough and shall be subject
to borough approval.
O.
Streetlighting.
(1)
Streetlighting is the responsibility of the applicant
to provide and the lot owners to maintain and operate. The Borough Engineer
will determine when and if streetlighting is necessary, evaluating need on
the basis of safety considerations and commonly accepted standards of lighting.
(2)
Whether or not streetlights are initially installed,
the developer shall be responsible for providing utility easements for future
streetlighting installation, upon consultation with the public service utility
company involved.
P.
Requirement for road occupancy and other permits.
(1)
No driveway, street or drainage facility or structures
shall be constructed or altered within a state right-of-way, and no drainage
facility of the Pennsylvania Department of Transportation shall be altered
or connected onto without first obtaining a permit from the Pennsylvania Department
of Transportation.
(2)
No alteration of borough roads or drainage facilities
shall be allowed without first contacting the Borough Council of such an intent.
Q.
Private drives.
(1)
Individual driveways serving only one single-family dwelling
each shall not be subject to street improvement requirements of this chapter
or contained in the Borough Road Ordinance. Also, private drives to service
no more than two single-family dwellings shall be permitted, provided that
the borough is given satisfactory evidence in the form of declaration of restrictive
covenants that the private status of said road is permanent and the following
standards are met:
(2)
Pavement may consist of any all-weather surface satisfactory
to the Borough Engineer. If there is a potential for resubdivision of either
of the lots to be serviced by the private drive such that eventually more
than two lots might result, the subdivider shall provide additional rights-of-way
as necessary, to serve the maximum potential number of lots. All drainage
plans shall be subject to approval of the Borough Engineer.
A.
Application. All commercial and industrial subdivisions
shall comply with the requirements of the subsections below.
B.
Street systems.
(1)
Traffic movements in and out of commercial and industrial
areas should not interfere with external traffic, nor should they create hazards
for adjacent residential areas.
(2)
The design of streets, service drives and pedestrianways
should provide for safe and hazard-free internal circulation, including provision
for fire lanes where appropriate.
(3)
The points of ingress shall be designed so as not to
require commercial or industrial traffic to pass through residential areas,
insofar as possible.
C.
Block layout. Block layout shall conform with due consideration
of site conditions, with best possible service to customers, traffic and parking
circulation, and pickup and delivery services. In no instance shall a block
length be less than 600 feet. Where safety considerations mandate, 800 feet
may be required as a minimum.
D.
Size. Lot sizes shall be based on the following factors:
(1)
The total area shall be sufficient to provide adequate
space for off-street parking and loading, landscaping and other facilities.
(2)
Whenever possible, commercial parcels should include
enough land to provide for a group of commercial establishments, planned,
developed and operated as a unit. In no case will narrow, highway ribbon developments
be approved.
A.
Procedure. Multifamily dwelling projects shall be considered major subdivision and land developments. This major subdivision classification shall apply to all subdivisions of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multifamily dwelling projects, accordingly, will be make to the borough in the manner provided under § 183-13 of these regulations. All multifamily dwelling projects shall also comply to the regulations pertaining to such, under Section 407 of the Honesdale Borough Zoning Ordinance.[1] The subdivider shall also submit all information required by § 183-15 contained herein.
B.
Water and sewage. All multifamily developments shall
be served with off-site sewage facilities and water supplies. Developers proposing
the use of either community subsurface sewage disposal or treatment involving
a stream discharge shall have first investigated and determined that land
application of effluent is not feasible. Effluent disposal areas shall be
subject to the setback requirements applicable to other multifamily buildings
and structures.
C.
Maintenance of common facilities.
(2)
If the developer shall opt to manage the project or designate
a manager, the preliminary application shall include financial statements,
a description of previous management experience and other data sufficient
for the borough to ascertain the financial responsibility of the manager.
(3)
The association or manager, as the case may be, shall
be responsible for maintenance, repair and replacement of the common areas
of the development, including buildings, and, if applicable, the furniture,
fixtures and equipment within the units. The project instruments shall specify
the expenses which the maintenance organization may incur and collect from
purchasers as a maintenance fee and secure maintenance of the project as well
as enforcement of applicable covenants and restrictions in perpetuity. The
borough may require that a certified public accountant review such financial
data for purposes of determining that proposed fees are, in fact, adequate
to secure maintenance on a continuing basis.
(4)
The developer shall, in filing a preliminary plan, provide
a narrative description of how responsibility for maintenance and care of
the units and common areas will be assured and a proforma operating budget
for the maintenance organization, including a breakdown of the common expense
to be borne by the maintenance organization and a separation of long-term
maintenance costs from ongoing routine maintenance costs. There shall also
be provided a narrative description of how the developer proposes to assure
maintenance and care of the units and common facilities during any sales program,
based on which the borough may require additional temporary facilities to
accommodate service demands. Copies of all applicable instruments shall be
provided for purposes of determining that long-term arrangements for maintenance
of common facilities have, in fact, been made by the developer and/or with
the occupants.
(5)
Any developer who proposes to construct multifamily dwellings
for transient use under the terms of this chapter and who proposes to convey
the common elements of said multifamily dwelling project to an association
of purchasers of units therein shall submit a maintenance bond or other performance
guaranty acceptable to the Borough Solicitor ensuring long-term maintenance
and repair of said common elements. Such maintenance bond or other guaranty
shall:
(a)
Be for a period of not less than 15 years from the date
of the final approval of said multifamily dwelling-transient use by the borough.
(b)
Be in an amount equal to the amount collected or to be
collected for long-term maintenance (as indicated in the budget referenced
above) by the developer or other responsible parties from each purchaser during
the first year after sales to such purchaser begins, multiplied by the total
number of expected purchasers.
(6)
If the development shall be subject to the Pennsylvania
Uniform Condominium Act[2] or other applicable commonwealth statutes governing the sale of
real property used for multifamily occupancy, the developer shall certify
as to his or her compliance with said statutes. To the extent the provisions
of such statutes conflict with this section, such certification shall suffice
as to conformance with these requirements. If a developer is not subject to
the Pennsylvania Uniform Condominium Act, he or she shall present an attorney's
opinion to this effect.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
A.
Authority and procedures. Developments which provide
for single-family dwelling units or commercial centers wherein units are grouped
in sections in order to maximize the amount of common open space and to preserve
the natural settings shall be designated as cluster developments. Such proposed
developments shall be processed in the same manner as a major subdivision,
in accordance with the standards contained herein.
B.
Minimum size. Cluster developments shall include at least
six dwelling units and three acres of land.
C.
Permitted number of units. The total tract area less
all areas within the rights-of-way of any existing or proposed streets and
all areas occupied by public utility easements shall be divided by the minimum
lot size applicable and rounded to the nearest whole number to yield the maximum
dwelling units permitted.
D.
Types of dwelling units permitted. Only single-family detached and two-family dwellings shall be clustered. All other residential dwelling types shall be considered multiple dwellings and be subject to the standards of § 183-30 of this chapter.
E.
Open space standards. No individual parcel of common
open space shall be less than one acre except as to roadway median strips,
traffic islands, walkways, courtyards, play areas, recreation facilities,
drainageways leading directly to streams, historic sites or unique natural
features requiring common ownership protection. At least 50% of the common
open space shall be usable for active recreational activities and not include
wetlands, floodplains or slopes over 25% in grade.
F.
Maintenance of open space. The open space resulting from
clustering of dwelling units shall be titled to a property owners' association
(POA) prior to the sale of any lots or dwelling units by the developer. Membership
shall be mandatory for each property owner within the development and successive
owners with voting of one vote per lot or unit and the developer control,
therefore, passing to the individual lot/unit owner(s) on sale of the majority
of the lots or units. All restrictions on the ownership, use and maintenance
of common space shall be permanent, and the POA shall be responsible for liability
insurance, local taxes and maintenance of all open space, recreational facilities
and other commonly held amenities. Each property owner(s) must be required
to pay his or her proportionate share of the POA's costs, and the POA
must be able to file liens on the lot/unit owner(s)'s property if levied
assessments are not paid. The POA must also have the ability to adjust the
assessment to meet changing needs.
