A.
The following site planning standards, required on-site
and off-site improvements and construction requirements shall be considered
as minimum standards and requirements by the Planning Commission and Borough
Council in their review, evaluation, recommendation and decision concerning
a plan for subdivision and/or land development, authorization to record a
plat/plan, authorization for construction of improvements, release from performance/improvement
guaranty and maintenance bond and acceptance of public improvements.
B.
In addition to those standards, improvements and requirements included within this Article IV, the Borough shall require that all site planning standards, required on-site and off-site improvements and construction requirements shall be developed and constructed as per the requirements of other applicable articles of this chapter and its appendices, the requirements of the responsible public authority affected, the requirements contained within the Pennsylvania Department of Transportation Design Manual and Specifications Form 408 (latest edition) and Associated Standard Construction Drawings (latest edition) and other applicable Borough, county, state and federal ordinances, rules or regulations.
C.
All public improvements where required by the Borough,
whether on-site or off-site, shall be offered for public dedication to the
appropriate public body.
D.
During construction, no deviation from the Borough finally
approved plans shall be permitted without the prior written approval of the
Borough Engineer. Prior to granting approval of said deviation, the Borough
Engineer shall provide written notification to the Borough Secretary. Borough-approved
deviations shall be recorded by the applicant on a set of approved plans and
submitted as as-built drawings to the Borough prior to the Borough accepting
the improvement.
A.
Any land or water body shall be suitable for the purpose
for which it is to be subdivided, developed and used and, further, shall be
in compliance with the Borough's General Development Plan.
B.
When a building or structure is intended to be constructed,
at present or in the future, within a proposed subdivision or land development,
the subdivision or land development shall be without danger from any natural
or man-made hazard or shall be made safe from said hazard.
C.
The preliminary plan application and its accompanying
exhibits for a subdivision or a land development shall illustrate and document
how all hazards to life, health and safety from flooding, landslide, subsidence,
underground fire or other hazard shall be eliminated or mitigated or shall
illustrate and document that the area(s) affected shall be set aside for a
use which shall not endanger the life or property or further aggravate or
increase an existing menace.
(1)
The preliminary plan application and its accompanying
exhibits shall identify and illustrate any federally identified floodplain
or floodway and any other areas subject to flooding, including those areas
which may be subject to flooding due to stormwater runoff or poor groundwater
drainage conditions.
(2)
The preliminary plan application and its accompanying
exhibits shall identify and illustrate any area identified by the USGS as
being subject to landsliding or any other area known to be susceptible to
landsliding.
(a)
In the event that the proposed subdivision or land development
is located within an area identified as being susceptible to landsliding or
if, in the judgment of the Borough Engineer, the area is not reasonably safe
from the hazards of landslides, the applicant shall provide and shall agree
to comply with the provisions of a study prepared by a Pennsylvania registered
engineer experienced in soil and foundation engineering. Prior to preliminary
plan approval, the applicant shall provide to the Borough, without charge,
two copies of said study. Said study/report shall include but not be limited
to:
[1]
A complete geotechnical investigation to determine the
existing character and physical properties of the surface and subsurface features,
hydrologic features, groundwater measurements and a full description of the
field exploration methods used to carry out this investigation.
[2]
Location of unstable soils or areas of landslide potential.
[3]
Assessment of the short-term and long-term stability
of the entire site of the proposed subdivision and/or land development.
[4]
Assessment of the possible effect of the proposed development,
in terms of landslide potential, upon the site and upon adjacent properties.
[5]
Recommendation of grading, drainage, erosion controls,
foundation design, vegetation planting and other design and construction methods
necessary to mitigate any potential landslide activities and to comply with
the other requirements of this chapter.
[6]
Recommendation/identification of areas within the proposed
site of subdivision and/or land development that, because of their landslide
potential, should be set aside and not developed.
(b)
The Borough Council reserves the right to retain, at
the expense of the Borough, a qualified geologist or soils engineer to perform
such further review and/or furnish additional advice or recommendations in
this matter.
(3)
The preliminary plan application and its accompanying
exhibits shall identify and illustrate any area identified by the Pennsylvania
Department of Environmental Protection, Division of Mine Subsidence Regulations,
as being previously affected by mining or quarrying.
(4)
Within the subdivision and/or land development any other
land or water area having other natural or man-made hazards to life, health
and safety shall be identified. How those hazards shall be eliminated or mitigated
shall be explained and plans prepared. Said plans shall be prepared by a Pennsylvania
registered engineer who is retained by the applicant.
A.
All clearing, stripping and grading shall be in accordance
with the guidelines, requirements and standards of this chapter and the Pennsylvania
Department of Environmental Protection as per the latest edition of the Soil
Erosion and Sedimentation Control Manual.
(1)
The grading plan for a proposed subdivision and/or land
development shall be submitted with the preliminary plan application as Exhibit
No. 5: Proposed Grading Plan, and submitted with the final plan application
as Exhibit No. 2: Final/Approved Grading Plan and/or Permit.
B.
All construction procedures, erosion and sedimentation
control methods and all ground cover shall be completed in accordance with
this chapter and the Pennsylvania Department of Environmental Protection as
per the latest edition of the Soil Erosion and Sedimentation Control Manual.
(1)
The erosion and sedimentation control plans shall be
submitted with the preliminary plan application as Exhibit No. 6: Proposed
Soil Erosion and Sedimentation Control Plan, and with the final plan application
as Exhibit No. 3: Final/Approved Soil Erosion and Sedimentation Control Plan
and/or Permit.
C.
Standards for excavation. All grading shall comply with
the following maximum/minimum slope requirements and associated requirements:
(1)
Existing landslide-prone soils with slopes steeper than
25% shall have cut slopes no steeper than three horizontal to one vertical
or 33%.
(2)
Existing landslide-prone soils with slopes less than
25% shall have cut slopes no steeper than two horizontal to one vertical or
50%.
(3)
Soils which are not or have a low probability of being
landslide-prone shall have a slope no steeper than 1 1/2 horizontal to
one vertical or 60%.
(4)
Cut slopes which are steeper than those specified above
may be allowed, provided that one or both of the following is satisfied:
(a)
The material in which the excavation is made is sufficiently
stable to sustain a slope steeper than the slope specified above for recognized
soil conditions on the site. A written statement, signed and sealed by a Pennsylvania
registered professional engineer, stating that the steeper slope will have
sufficient stability and that the risk of creating a hazard will be slight,
must be submitted with the preliminary application.
(b)
A retaining wall or other approved support, designed
by a Pennsylvania registered professional engineer and approved by the Borough
Engineer, is provided to support the face of excavation.
(5)
The top or bottom edge of slopes shall be set back from
the adjacent property lines or street right-of-way lines in order to permit
the normal rounding of the edge without encroaching on the abutting property
or street.
(6)
Guidelines for cuts in the latest edition of the Soil
Erosion and Sedimentation Control Manual shall be followed.
D.
Standards for fill. All fills shall comply with the following
requirements:
(1)
No fill shall be placed over trees, stumps or other material
which could create a hazard.
(2)
All fills shall be compacted to provide stability of
fill material and to prevent settlement or slippage.
(3)
The top or bottom edge of slopes shall be set back from
adjacent property lines or street right-of-way lines to permit the normal
rounding of the edge without encroaching on the abutting property or street.
(4)
No fill slopes shall have a slope steeper than two horizontal
to one vertical.
(5)
Guidelines for fills in the latest edition of the Soil
Erosion and Sedimentation Control Manual shall be followed.
E.
Standards for retaining walls. The following standards
shall be complied with:
(1)
A retaining wall is a structure composed of concrete,
steel or other Borough-approved building materials, constructed for the purpose
of supporting a cut or filled embankment which would otherwise not comply
with the requirements of the standards set forth in this chapter and which
is more than four feet in height as measured on the exposed vertical surface
of the wall.
(2)
A retaining wall must be constructed in accordance with
sound engineering practice. The design and construction plans for the retaining
wall shall be prepared by and plans bear the seal of a Pennsylvania registered
professional engineer.
(3)
The backfilling of a retaining wall and the insertion
of subterranean drainage facilities shall be completed as per the Borough-approved
design and construction plans.
(4)
Where a wall is replacing an exposed slope, the vertical
face of the wall shall be five feet back from the property line. This requirement
may be waived when the proposed retaining wall is a joint venture between
adjacent property owners and appropriate documents so stating are filed with
the preliminary plan application.
F.
Standard for drainage provisions. Drainage shall be in accordance with Chapter 199, Stormwater Management.
[Amended 9-10-1996 by Ord. No. 822]
G.
All grading and improvements shall be constructed to
the grades, profiles and cross-sections in accordance with the Borough-approved
plans for such activities.
H.
Before any improvement, building or structure is placed
on or within a subdivision or land development, all grading activity associated
with said individual improvement, building or structure shall have received
the written approval of the Borough Engineer.
A.
The location of monuments shall be indicated on Exhibit
No. 1: Final Site Plan/Recording Plat, and shall be accurately set at the
following locations in a subdivision and a land development:
(1)
At the intersections of all outside boundary lines of
the original tract or land parcel.
(2)
At the beginning and end of all curves, other deflection
points or points of curvatures in the boundary lines and right-of-way lines.
(3)
At such other critical points as are necessary or as
required by the Borough to establish property lines within a subdivision or
land development.
B.
Standard surveyor's iron pins, being iron pipe of
a minimum length of 24 inches, shall be used as the monuments unless concrete
monuments are required by the Borough Engineer.
C.
The monuments shall be placed prior to the recording
of the plan/plat, or the placement of said monuments shall be part of the
developer's agreement and performance/improvement guaranty.
A.
Easements and dedications of rights-of-ways shall be
provided for in each subdivision and/or land development for provision of
existing, proposed or future public utilities, essential services, drainage,
circulation, access or any other necessary public or governmental function
to ensure the health, safety and general welfare of the public.
B.
The use or purpose of each easement and each right-of-way
shall be designated on the preliminary plan, Exhibit No. 4: Proposed Site
Plan, and the final plan, Exhibit No. 1: Final Site Plan/Recording Plat.
(1)
Rights-of-way to be dedicated to the Borough shall be
clearly designated and differentiated from the easements and so illustrated
on Exhibit No. 4 and Exhibit No. 1.
(2)
The maintenance responsibility of each easement or right-of-way
after completion of the development shall be clearly designated and so illustrated
on Exhibit No. 4 and Exhibit No. 1.
C.
No structure, facility or any obstruction of any kind
shall be placed by the property owner or allowed to be placed where it will
interfere in any way with the use of an easement or right-of-way.
D.
Location of utilities.
(1)
The location of all utilities within a public street
right-of-way plus easements or rights-of-way for utilities not within a public
street right-of-way shall be subject to the review and approval of the Borough
prior to preliminary plan approval. All public utilities for a subdivision
and/or land development shall be located, wherever feasible, within a street
right-of-way. If it is determined by the applicant or by the Borough that
a utility cannot physically be located within a public street right-of-way,
then a separate utility easement or right-of-way shall be provided by the
applicant for said utility(s). All required public street rights-of-way and
additional utility easements and rights-of-way shall be adequate for all of
the necessary utilities that are to be provided. All utility easements or
rights-of-way shall be a minimum width of:
(a)
Ten feet each, on both sides of the public street, beyond
the street right-of-way.
(b)
Ten feet each, on both sides of a private access drive.
(c)
When required, 20 feet on or adjacent to the side and
rear lot lines and having access from a public street or road. In addition,
a construction easement may be required by the Borough.
(2)
Where a proposed subdivision and/or land development
abut an existing utility easement of sufficient width, no additional easement
or right-of-way dedication will be required except where necessary to serve
the subdivision or land development.
(3)
Where a proposed subdivision and/or land development
abut an existing utility easement of insufficient width, additional easement
or right-of-way dedication will be required to make such existing easement
or right-of-way the adequate width is required for a new utility easement
or right-of-way.
E.
Easements and in some cases rights-of-way shall be provided
where necessary for stormwater or groundwater drainage purposes. All proposed
easements/rights-of-way shall meet the requirements established by and obtain
the approval from the Borough prior to preliminary plan approval.
(1)
Necessary easements/rights-of-way for groundwater or
stormwater storage or drainage shall be a minimum of 20 feet wide and of such
additional width as will be adequate to provide for positive drainage and
for maintenance purposes. In addition, a construction easement may be required
by the Borough.
(2)
Stormwater drainage facilities or underdrainage facilities
included within the public street right-of-way or utility easement/right-of-way
are excluded from this additional requirement unless so directed by the Borough.
F.
For an existing intermittent or perennial watercourse which traverses or abuts a proposed subdivision or land development, there shall be provided the requirements of Ch. 199, Stormwater Management.
[Amended 9-10-1996 by Ord. No. 822]
H.
Water sanitary sewer lines may be located within the
easement or right-of-way for access and circulation. Where said utilities
are outside of an existing easement or proposed right-of-way, the additional
easement shall meet the Borough's requirements.
I.
If and where applicable, anchor easements shall be required
and shall be as directed by the Borough.
J.
If and where applicable, aerial easements shall be required
and shall be as directed by the Borough.
A.
Each subdivision and/or land development shall have provided
a water drainage management plan so as to prevent any damage or injury to
health, safety or property from stormwater or groundwater. Said plan shall
be prepared as per the requirements of this section.
(1)
All water drainage management plans shall assure that
the maximum rate of stormwater runoff is no greater after development than
such rate prior to development.
(2)
All drainage management measures shall include such actions
as are required to manage the quantity, velocity and direction of resulting
groundwater and/or stormwater runoff in a manner which protects health and
property from injury.
(3)
Natural runoff flow characteristics shall be maintained
either by augmenting natural infiltration processes or by physically controlling
the release of development-related stormwater flow increases through structural
means.
(4)
The water drainage management plan shall be submitted
with the preliminary plan application as Exhibit No. 7: Proposed Stormwater
Drainage and Underdrainage Plan, and submitted with the final plan application
as Exhibit No. 4: Final/Approved Stormwater Drainage and Underdrainage Plan
and/or Permit.
B.
Positive drainage is required in all areas of development.
(1)
A stormwater system shall be planned and designed for
every subdivision and/or land development to direct stormwater runoff away
from all structures, buildings and development areas.
(2)
A stormwater drainage system shall provide drainage facilities
at all points along public streets and sidewalks, including other access and
circulation systems.
(3)
Underdrainage shall be provided in all areas where springs,
wet-weather springs or poor soil drainage conditions exist or result from
the development. During construction of any improvement, if springs or any
other poor drainage conditions are encountered or when construction of any
improvement has or will alter the natural groundwater flow, the Borough shall
be notified. Underdrainage shall be provided by the applicant, as directed
by the Borough, to correct said poor drainage condition.
C.
The stormwater system, including downspouting and other
forms of rainwear which are utilized upon any structure within the subdivision
and/or land development, and the underdrainage system shall be designed to
convey, contain, store, absorb and/or use the surface or underground waters
without damage to life or property and to minimize disruption of land usage.
(1)
The stormwater drainage system and underground drainage
system shall be designed to prevent the discharge of stormwater or underground
water onto adjacent facilities or properties.
(2)
Natural drainage routing shall be preserved where feasible.
No discharge of on-site stormwater or underground water runoff into a natural
drainage routing shall be permitted when such discharge will damage adjacent
or downstream property.
(3)
No stormwater drainage system or underground drainage
system shall be permitted to discharge into any sanitary sewer system.
D.
The stormwater system shall be designed to assure that
the maximum rate of stormwater runoff for the subdivision or land development
is no greater after development than such rate prior to development.
(1)
Stormwater runoff and design calculations to meet this
requirement shall be submitted to the Borough for approval prior to preliminary
plan approval.
(2)
Stormwater runoff and design calculations shall be prepared
by a qualified Pennsylvania registered engineer, architect, landscape architect
or land surveyor.
(3)
Stormwater facilities shall be in accordance with Chapter 199, Stormwater Management.
[Amended 9-10-1996 by Ord. No. 822]
(4)
Additional analysis, calculations and design criteria
may be required for both the on-site and off-site stormwater systems where
it has been determined by the Borough that further study is necessary.
(5)
Upon Borough request, stormwater runoff calculations
shall be made available:
(a)
For the outlet and inlet sides of all stormwater drainage
and storage facilities and structures;
(b)
At points in a public street with a change of grade;
or
(c)
Where water from a proposed structure, facility or vehicularway
is to enter an existing public street, existing storm sewer, existing drainage
ditch or existing stormwater storage facility.
E.
The stormwater drainage system for the subdivision and
land development and, where required, the underdrainage system for a subdivision
and/or land development shall be designed for compatibility with the watershed
stormwater management system and any Borough or adjacent-municipality-planned
or proposed change to this system.
(1)
The design shall anticipate and provide for potential
effects of upstream development; determination of such development being based
on the Borough's General Development Plan.
(2)
The design shall anticipate and provide for impact(s)
on downstream areas and maintenance of existing downstream flow conditions
and water quality.
(3)
Off-site stormwater drainage and underdrainage facilities
and improvements shall be provided by the applicant/owner of the proposed
subdivision and/or land development where needed and where requested by the
Borough.
(4)
Where required, the Pennsylvania Department of Environmental
Protection approval shall be furnished by the applicant/owner of the subdivision
and/or land development. All drainage facilities must finally be approved
by the Borough Council.
F.
The installation, ownership and maintenance responsibilities
after completion of the development for all stormwater drainage and storage
facilities and all underdrainage facilities shall be identified on the preliminary
plans and exhibits. All stormwater drainage or storage facilities or underdrainage
facilities to be publicly dedicated shall be located in a right-of-way, a
drainage easement or in a location as required by the Borough.
G.
The design and specifications for all public stormwater
drainage and storage facilities shall be in accordance with the requirements
of the Pennsylvania Department of Transportation Design Manual, Part 2, latest
edition, and of this chapter.
(1)
Plans and profiles shall be provided prior to preliminary
plan approval. Cross-sections and specifications shall be provided, showing
complete construction details for all stormwater drainage and storage facilities
prior to final plan approval.
(2)
The access control for any storage facility shall be
approved by the Borough prior to preliminary plan approval.
(3)
The design of all retention dams shall be subject to
the review and approval of the Borough Engineer and, where applicable, by
the Pennsylvania Department of Environmental Protection, including where road
fill may be used as a retention dam.
(4)
Where open stormwater drainage and/or storage facilities
are to be constructed, the access control measures, erosion control measures,
capacity protection measures, flood protection measures, stagnant water control
measures and appearance control measures shall be presented for Borough approval
with the preliminary plans and exhibits.
H.
The design of stormwater drainage and storage facilities
shall be closely correlated with the design of public streets.
(1)
The depth of flow in gutters and allowable spread across
the pavement shall be closely correlated with the street classification and
approved by the Borough Engineer.
(2)
Free flow of stormwater runoff shall not be permitted
onto the cartway of any public street from a private driveway, access drive
or any other vehicular right-of-way.
I.
Stormwater inlets shall normally be spaced a maximum
of 300 feet apart where pipe sizes of 24 inches or less are used and not over
450 feet where large pipe sizes are installed.
K.
Enclosed stormwater drainage courses shall be required
at intersecting streets and elsewhere, as may be deemed necessary by the Borough.
Stormwater shall be collected in stormwater culverts or similar enclosed components.
(1)
Stormwater culverts, bridges and similar structures serving
public streets, access drives or any other vehicular right-of-way as may be
designated by the Borough shall be designed to support HS-20 loading and any
other imposed loadings necessary without structurally damaging the drainage
system. The stormwater culverts, bridges and similar structures shall be constructed
to the full width of the right-of-way plus additional length as deemed necessary
by the Borough Engineer to satisfy a local drainage pattern.
(2)
Stormwater culverts in areas other than those noted above
shall be designed to support the necessary loading (existing and potential)
and any other imposed loadings without structurally damaging the pipe or affecting
its capacity for drainage. Said design shall be approved by the Borough.
(3)
Conduit size of culverts or other enclosed components
of a stormwater drainage system shall be based on computed hydrologic and
hydraulic data and computations shall be approved by the Borough. Minimum
size of any enclosed structure to be privately maintained shall be 15 inches
in diameter unless design calculations are provided that can justify a lesser
size.
(4)
The design of the enclosed drainage course shall provide
a minimum cleaning velocity of three feet per second. When the design provides
for a maximum velocity greater than 10 feet per second, the enclosed components
shall be lines or protected to prevent scour.
(5)
The design of headwall and endwall structures for enclosed
stormwater facilities shall be approved by the Borough.
(6)
Energy dissipators shall be required at the outlet side
of all enclosed culverts or similar components.
(7)
No stormwater facility shall be enclosed or covered over
until the Borough has inspected and approved said facility.
L.
Open stormwater drainage courses shall be designed for
a maximum velocity of not to exceed 10 feet per second and a minimum velocity
of five feet per second. A minimum velocity of three feet per second may be
permitted where a greater slope cannot be achieved to permit the standard
required minimum velocity. An open stormwater drainage course shall include
a lining (rip-rap, concrete or bituminous) to prevent erosion. Any required
approval of the Beaver County Soil Conservation Service shall be obtained
by the applicant.
M.
Stormwater drainage facilities shall be placed at each
private driveway or private access drive intersection with a public street.
(1)
The design of the stormwater drainage facility shall
be approved by the Borough and placed as to maintain the flow line of the
stormwater drainage facility being served.
(2)
Where an apron gutter (curb gutter) is to be utilized,
said apron gutter design shall be approved by the Borough.
(3)
Where reinforced-concrete, metal or tile pipe is to be
used beneath the driveway, said pipe shall not be less than 15 inches in diameter
and shall extend the full width of the driveway structure and beyond driveway
as necessary and determined by the Borough. The pipe shall be installed with
flared end sections. The pipe shall be designed to support H-15 loading and
any other imposed loadings necessary without structurally damaging the drainage
system.
A.
Each subdivision or land development shall have provided
a vehicular circulation and access system. The vehicular circulation and access
system plan shall be submitted with the preliminary plan application as Exhibit
No. 8: Proposed Circulation and Parking Plan, and with the final plan application
as Exhibit No. 5: Final/Approved Circulation/Parking Plan, Including Lighting
Plan.
(1)
No preliminary plan for a subdivision or a land development
shall be approved by the Borough without a plan to permit adequate vehicular
circulation within and access into the subdivision and land development. Said
plan shall be prepared as per the requirements of this section.
(2)
Conformance with plans. A proposed vehicular circulation
and access plan for a subdivision or land development shall conform to the
Borough, county and state major thoroughfare and highway plan.
(3)
Conformance with existing circulation system. The proposed
vehicular circulation system of public streets, service roads and private
access drives shall be located, aligned and coordinated with the existing
system of streets and highways in the Borough regardless of whether such streets
and highways are Borough, county or state streets or highways.
B.
Functional class identification requirements. The Borough shall assign to each vehicular circulation and access facility within a subdivision or land development one of the following functional street classifications: driveway, access drive, service road, lane, local street, collector street, arterial or expressway. (See § 210-10.)
(1)
The assignment of one of the functional street classifications to each proposed vehicular circulation and access facility shall be based on the definitions of public or private streets in § 210-10 of this chapter, existing development service demands, anticipated development service demands, ultimate development service demands and service demands that may be placed upon the facility by off-site uses whether or not such use is under the ownership of the applicant for the subdivision of land development.
(2)
The assigned functional street classification shall be
identified by the applicant on Exhibit No. 8 of the preliminary plan application.
Such street classification shall be approved by the Borough prior to approval
of the preliminary plan application.
(3)
The requirements for site planning, design improvement
and construction of the vehicular system shall be based on the assigned functional
class for each street.
C.
Vehicular access requirements. Each land tract, parcel
or lot shall have access to a public street.
(1)
Each lot shall abut by the full lot width on a public
street when used for a mobile home, a single-family dwelling or a duplex dwelling
or when one multifamily dwelling is on an individual and separate lot. The
following two exceptions to this requirement may be permitted:
(a)
Existing private street exception. A lot may be approved
on a private street only if said private street was lawfully in existence
prior to enactment of this chapter and only if said lot will be used and is
permitted by the Zoning Ordinance[1] for only one mobile home, one single-family detached dwelling
or one duplex dwelling. However, said private street may not be extended to
permit additional lot development.
[Amended 9-10-1996 by Ord. No. 822]
(b)
Rear lot exception. one rear lot may be approved when
the use is for one mobile home, one single-family detached dwelling or one
duplex dwelling where said use is permitted by the Borough Zoning Ordinance[2] and where the following conditions are met:
[1]
The depth of the original parcel from which the rear
lot is to be subdivided has a lot depth greater than 100 feet.
[2]
The forward lot shall be used by only one mobile home,
one single-family detached dwelling or one duplex dwelling.
[3]
The forward dwelling lot shall abut by its full lot width
on a public street.
[4]
Both the forward and rear lots shall meet the minimum
lot area, lot width and yard requirements for the zoning district in which
the property is situated.
[5]
A permanent private right-of-way shall be provided, being
a minimum of 15 feet wide, over an unoccupied strip of land, from the public
street to the rear lot, and said right-of-way shall be part of the rear lot.
(2)
A lot to be used, for one multifamily dwelling structure
or for one structure used for commercial (retail or service), nonprofit or
industrial/manufacturing use shall abut by its full lot width on a public
street. The following exception to this requirement may be permitted:
(a)
Land development exception. Where a land development that includes those uses listed in Subsection C(2) above is permitted by the Zoning Ordinance[3] and approved by the Borough, individual structures within the
land development may have access to a public street by means of a private
service road, access drive or driveway. Said service road, access drive or
driveway shall be designed and constructed to meet the minimum requirements
of this chapter. A suitable covenant assuring perpetual maintenance of said
service road, access drive or driveway shall be submitted to and approved
by the Borough prior to final approval. Nevertheless, the overall land development
shall have the minimum lot width as required by the Zoning Ordinance[4] on a public street.
(3)
Emergency access/fire lanes. With the exception of a
mobile home, a single-family dwelling or a duplex dwelling on an individual
lot, all structures that are located more than 250 feet from a public street
shall have an emergency access from the public street to said structure(s)
to permit rapid and safe movement of public emergency, health and safety vehicles
from the public street to the entrance of principal structure(s). Each emergency
access shall meet the site planning, improvement and construction requirements
for a collector street as contained within this chapter. An access drive to
a parking area may also be designated as an emergency access. However, an
emergency access shall not be used for and shall be posted to prohibit the
parking or standing of vehicles except for emergency purposes.
D.
Street layout requirements. The following principles
shall be the required minimum when planning the vehicular circulation and
access facilities:
(1)
Driveways, access drives, lanes and local streets shall
be laid out to discourage through traffic.
(2)
Driveways and access drives may be laid out in a loop
or dead-end arrangement. However, when said facilities are dead-ended, a functional
turnaround or cul-de-sac shall be provided.
(3)
A lane or local street may be looped. A lane or local
street may be dead-ended with a cul-de-sac or a tee turnaround. A lane or
local street which is looped shall have its two intersections with another
local street. A lane or local street that is dead-ended with a tee or cul-de-sac
shall not exceed 1,200 feet in length. The cul-de-sac turnaround and tee turnaround
shall be designed as per this chapter and as required by the Borough.
(4)
When a public street system is to be constructed, the
street network shall provide adequate access to a collector street and to
adjacent areas of existing development as well as to adjacent areas of potential
development.
(a)
Within an area having a maximum development potential
of 99 dwelling units or a maximum projected average daily traffic of 400 vehicles
per day, a subdivision or a land development shall have a public street system
designed and constructed to the level of a local street which shall meet the
requirements of this chapter and shall provide one access route to or an intersection
with a collector street.
(b)
Within an area having a maximum development potential
from 100 to 200 dwelling units or a maximum projected average daily traffic
from 401 to 800 vehicles per day, a land development or subdivision shall
have a public street system designed and constructed as per the following
requirements:
[1]
Where two access routes to or intersections with a collector
street are provided, the public street system within the subdivision or land
development shall be designed and constructed to meet the requirements for
a local street as contained within this chapter.
[2]
Where two access routes to or intersections with a collector
street cannot be obtained, the public street system within the subdivision
or land development shall be designed and constructed to meet the requirements
for a collector street as contained within this chapter.
(c)
Within an area having a maximum development potential
from 201 to 500 dwelling units or a maximum projected average daily traffic
from 801 to 2,000 vehicles per day, a subdivision or a land development shall
have a public street system designed and constructed as per the following
requirements:
[1]
Where three access routes to or intersections with a
collector street are provided, the public street system within the subdivision
or land development shall be designed and constructed to meet the requirements
for a local street as contained within this chapter.
[2]
Where three access routes to or intersections with a
collector street cannot be obtained, the public street system within the subdivision
or land development shall be designed and constructed to meet the requirements
for a collector street as contained within this chapter.
(d)
Within an area having a maximum development potential
in excess of 500 dwelling units or a projected average daily traffic in excess
of 2,000 vehicles per day, a subdivision or land development shall have a
public street system within the subdivision or land development designed and
constructed to meet the requirements contained within this chapter for a collector
street and shall provide a minimum of one access route to or intersection
with another collector street without the use of an existing local street.
(5)
A collector street, arterial or expressway shall provide
through-traffic connections and shall not be dead-ended.
(6)
Where an existing street and a street extension adjoin,
there shall be a smooth transition of all like improvements. Design of the
transition shall be approved by the Borough.
(7)
Reserve strips of land shall be prohibited which restrict,
block or control access to adjacent streets, lots, parcels or tracts of land.
(8)
Half streets shall be prohibited except to complete an
existing half street.
(9)
When a subdivision or land development contain, adjoin
or abut a collector street, arterial or expressway, the Borough may require
development of traffic controls and service roads to reduce the number of
intersections and to separate through traffic from local and land access traffic.
(10)
When a proposed subdivision or land development abut
one side of an existing public street which has less than the required right-of-way
width, the Borough may require the dedication for public use of 1/2 of the
additional right-of-way necessary to bring the existing street right-of-way
width into compliance with the minimum requirements of this chapter.
(a)
The required cartway, sidewalk and curb/gutter improvements
to an existing street in a residential zoning district shall be identical
to the immediately adjacent property.
(b)
The required cartway, curb/gutter, sidewalk, intersections,
service roads and additional necessary improvements within a commercial or
industrial zoning district shall be as required by the Borough to preserve
the traffic-carrying capacity of the street.
(11)
When a proposed subdivision or land development abuts
both sides of an existing public street which has less than the required right-of-way
width, the Borough may require the dedication for public use of the total
additional right-of-way necessary to bring the existing street right-of-way
width into compliance with the minimum requirements of this chapter. The allocation
of right-of-way shall be determined by the Borough Engineer.
(a)
The required cartway, sidewalk and curb/gutter improvements
to an existing street in a residential zoning district shall be identical
to the immediately adjacent property.
(b)
The required cartway, sidewalk, curb/gutter, intersections,
service roads and additional necessary improvements within commercial or industrial
zoning district shall be as required by the Borough to preserve the traffic-carrying
capacity of the street.
E.
Width requirements. Except for private streets in mobile home park developments which shall be as required in § 210-37, the required street right-of-way, cartway and curb/gutter width shall be as follows:
[Amended 9-10-1996 by Ord. No. 822]
|
Class of
Street
|
Type of Develop-
ment Use
|
Required Right-of-
Way1
(feet)
|
Minimum Cartway1
(feet)
|
Minimum Gutter/
Curb
(feet)
| ||
|---|---|---|---|---|---|---|
|
Driveway
|
To serve 1 to 25 parking spaces
|
None
|
None2
| |||
|
Residential
|
10
| |||||
|
Commercial
|
24
| |||||
|
Access drive
|
To serve parking areas in excess of 25 spaces and major land developments
|
None
|
243
|
None2
| ||
|
Lane
|
To serve a maximum of 25 dwelling units
|
33
|
20
|
2
| ||
|
Local street
|
To serve a maximum of 500 dwelling units or a projected average daily
traffic of 2,000 per day
|
50
|
24
|
2
| ||
|
Collector
|
To serve over 500 dwelling units or a projected average daily traffic
of up to 3,000 vehicles per day
|
60
|
48
|
2
| ||
|
Arterial
|
As per the requirements of the Pennsylvania Department of Transportation
| |||||
|
Expressway
|
As per the requirements of the Pennsylvania Department of Transportation
| |||||
|
NOTES:
| |
|
1
|
In cases where a subdivision is planned to join the street system of
an existing subdivision, the above minimum requirements shall apply except
where the existing cartway and rights-of-way are larger than required. In
this event, the Borough shall require that the cartways and rights-of-way
be as large as the existing. Private covenants may apply if their provisions
are in excess of this chapter.
|
|
2
|
No gutter/curb is required unless so directed by the Borough Engineer
for purposes of traffic or stormwater drainage control.
|
|
3
|
Minimum cartway width of 12 feet is for each directional lane of traffic.
|
F.
Turnaround requirements.
(1)
Cul-de-sac turnarounds shall have a minimum right-of-way
diameter of 100 feet and a minimum cartway diameter of 80 feet except when
a landscaped island within the cul-de-sac is to be developed, then the cartway
width around the island shall be approved by the Borough to assure proper
width and turning radius. Landscaping of the cul-de-sac shall be of a low-maintenance
variety and approved by the Borough.
(2)
For development of tee turnarounds, an additional 10
feet of right-of-way shall be provided beyond the normal right-of-way width.
Said tee turnaround arms shall extend 15 feet beyond the normal cartway width.
G.
Design speeds.
(1)
For the purpose of these regulations and to establish
a minimum design criteria for various classes of vehicular streets, the minimum
design speeds are as follows:
|
Type
|
Speed
(mph)
| |
|---|---|---|
|
Expressway
|
60
| |
|
Arterial
|
60
| |
|
Collector streets, service roads and, in some cases, access drives
|
45
| |
|
Local streets or access drives designed to the level of a local street
|
30
|
(2)
Higher design speeds shall be established where conditions
warrant the same. Likewise, lower design speeds may be established, as approved
by the Borough Engineer, if existing topography causes undue hardship in achieving
the required alignments for streets.
H.
Alignment criteria.
(1)
The following are considered to be the minimum/maximum
center-line finished-grade alignment criteria for all public streets subject
to further requirements of the Borough Engineer.
|
Requirement as per
Design Speed (mph)
of New Vehicular Street
| ||||
|---|---|---|---|---|
|
Center Line
Finished Grade
Alignment Criteria
|
30 mph
|
45 mph
|
60 mph
| |
|
Minimum radius (feet)
|
250
|
650
|
1,200
| |
|
Maximum grade (percent)
|
12
|
8
|
5
| |
|
Minimum grade (percent)
|
0.5
|
0.5
|
0.5
| |
I.
Vertical curves.
(1)
Vertical curves shall be installed on all street grade
changes.
(2)
Adequate sight distance on vertical curves shall be provided
for stopping and passing conditions.
(3)
K-values.
(a)
K-values for minimum vertical curve lengths are established
as follows:
|
Requirement as per Design Speed (mph)
of New Vehicular Street
| ||||||
|---|---|---|---|---|---|---|
|
K-Value
|
30 mph
|
45 mph
|
60 mph
| |||
|
For stopping sight distance
| ||||||
|
Crest curves
|
28
|
70
|
160
| |||
|
Sag curves
|
35
|
65
|
105
| |||
|
For passing sight distance
| ||||||
|
Crest curves
|
365
|
835
|
1,340
| |||
(b)
Multiply K-value by algebraic differences in grades to
obtain minimum length of vertical curve in feet, which will provide minimum
sight distance.
J.
Intersections.
(1)
The location of street intersections shall be carefully
selected to avoid sharp horizontal curvature and steep profile grades and
to ensure adequate sight distances particularly for motorists who are stopped
on the cross route. The alignment of intersecting roadways shall be as straight
and gradients shall be as low as practical.
(2)
Where the grade of any street at the approach to a public
street intersection exceeds 5%, a leveling area shall be provided with a transitional
grade not to exceed 2% for a distance of 50 feet from the nearest right-of-way
line of the intersection.
(3)
Intersections of more than two public streets shall not
be permitted except where such avoidance proves impossible. Said intersections
shall be designed in accordance with the Borough Engineer's recommendations.
Public streets entering opposite sides of another public street shall be laid
off directly opposite one another or else shall have a minimum offset of 125
feet. Public street offsets of less than 125 feet are not permitted. The offset
of public streets with access drives or the offset between access drives shall
be a minimum of 125 feet.
(4)
Street intersection angles shall be 90°. Where a
modification of this requirement is necessary, the street intersection angle
shall be no less than 60° and only when approved by the Borough Engineer.
(5)
The minimum corner, curb or pavement radii at intersections
with the following streets shall be as follows:
|
Intersection With
|
Required Radius
(feet)
| ||
|---|---|---|---|
|
Expressway
|
50
| ||
|
Arterial
|
50
| ||
|
Collector street
|
40
| ||
|
Local street
|
351
| ||
|
Access drive
| |||
|
Minimum
|
15
| ||
|
Maximum
|
25
| ||
|
Driveway
| |||
|
Minimum
|
10
| ||
|
Maximum
|
15
| ||
|
NOTE:
| ||
|
1
|
Twenty-foot corner radii are permitted in developed residential areas.
| |
(6)
The clear sight triangles as defined in this chapter
shall be maintained at all public street intersections and at the intersection
of an access drive, driveway or private street with a public street.
(7)
The minimum horizontal visibility (sight distance) at
all intersections with the following streets shall be maintained. Sight distances
shall be measured horizontally on the center line of the street, five feet
above grade.
|
Requirement as per
Design Speed (mph)
of New Vehicular Street
| |||||
|---|---|---|---|---|---|
|
Intersection With
|
30 mph
|
45 mph
|
60 mph
| ||
|
2-LANE STREETS
| |||||
|
Collector street or service road or, in some cases, access drive
|
300
|
450
|
600
| ||
|
Local street or access drive designed to the level of a local street
|
300
|
450
|
600
| ||
|
4-LANE STREETS
| |||||
|
Expressway and arterial
|
590
|
880
|
1,125
| ||
|
Collector street or service road or, in some cases, access drive
|
350
|
525
|
710
| ||
|
Local street or access drive when designed to the level of a local street
|
350
|
525
|
710
| ||
K.
Driveways.
(1)
Prior to constructing a driveway and its intersection
with or opening onto a public street, the landowner shall obtain Borough approval.
(2)
Driveways shall be so constructed as not to interfere with public street and roadway drainage. Cross drains or apron gutters shall be constructed beneath or across the driveway where required to provide adequate drainage. See § 210-21, Groundwater and surface water drainage.
(3)
The grade line of the driveway shall be sloped to meet
the edge of the roadway shoulder or top of the depressed curb so that the
slopes between the driveway and cross slope of the shoulder do not exceed
8%. If the driveway is placed prior to curb construction, the driveway finished
grade shall be raised to meet the curb grade.
L.
Subsurface investigation.
(1)
A subsurface report prepared by a Pennsylvania registered
engineer in accordance with the latest edition of the Pennsylvania Department
of Transportation Design Manual and Form 408 shall be submitted for Borough
approval on all street construction in which:
(a)
The total length of the public street exceeds 1,200 feet.
(b)
The total number of lots exceeds 50 or the total number
of dwelling units to be served by the street exceeds 50 dwelling units.
(c)
The street would be constructed in landslide-prone areas.
(d)
The street would be constructed in flood hazard, swampy
or wet areas.
(2)
The subsurface report shall be based upon adequate field
investigations and/or subsurface borings and shall include recommendations
for roadway stability, subsurface drainage, undercutting, benching, slopes,
erosion control and any other recommendations necessary for sound construction.
M.
Grading.
(1)
All streets (including the total right-of-way) shall
be graded in accordance with the requirements of this chapter, state and federal
law and shall also be graded to aesthetically blend with the natural lay of
the land preserving as many trees as possible where required by the Borough.
All scrub brush shall be cleared the full width of the right-of-way.
O.
Curbing.
(2)
Curbs and associated stormwater gutters shall be required
on all public streets and on access drives and service roads where it is determined
by the Borough to be necessary for stormwater drainage or traffic control.
(3)
If a certain type of curbing exists on abutting streets,
the Borough will ordinarily require its extension along the street extension
throughout the proposed subdivision or land development.
(4)
Curbing may also be required by the Borough to define
traffic areas, driving lanes, parking areas or elsewhere as deemed necessary
for safety.
(5)
When curbed streets are constructed, the space behind
the curb shall be filled and graded to drain to the street at a minimum rate/slope
of 1/4 inch per foot.
P.
Structures.
(1)
Bridge structures for all classes of streets shall meet
the following design criteria:
(a)
The design of all bridge structures shall be prepared
by a Pennsylvania registered engineer, and all plans shall bear the seal of
said engineer.
(b)
The design and construction shall be in accordance with
the latest edition of the Pennsylvania Department of Transportation Design
Manual and Form 408.
(c)
Minimum vertical clearance shall be 14 feet six inches
except over interstate roadways and other locations set by the Pennsylvania
Department of Transportation at 16 feet six inches.
(d)
H-15 loading capacity shall be provided for a private
driveway.
(e)
HS-20 loading capacity shall be provided for all public
streets, access drives and service roads.
(f)
Minimum width for two-lane roadways is as follows:
|
Type
|
Minimum Width
(feet)
| |
|---|---|---|
|
Expressway and arterial
|
As required by PennDOT
| |
|
Collector street
|
40
| |
|
Local street
|
32
|
(g)
Sidewalks on approaches should be carried across all
new structures.
(h)
Where required by the Borough, there shall be at least
one sidewalk on all bridges.
(2)
Wall structures for all classes of streets shall meet
the following criteria:
(a)
Wall structures shall be sufficient to support the street
or adjacent lands, as may be the case. Wall structures shall be outside of
the public right-of-way.
(b)
Design and construction plans shall be prepared by and
bear the seal of a professional engineer registered to practice in the Commonwealth
of Pennsylvania.
(c)
The design and construction shall be in accordance with
the latest edition of the Pennsylvania Department of Transportation Design
Manual and Form 408.
Q.
Guardrail.
(1)
Guardrail protection shall be provided where the height
of embankment exceeds or equals the limits shown below:
|
Embankment Slope
(Horizontal/Vertical)
|
Embankment Height
(feet)
| |
|---|---|---|
|
2:1
|
10
| |
|
21/2:1
|
18
| |
|
3:1
|
28
| |
|
4:1
|
45
|
(2)
The length of guardrail for embankment protection shall
include a fifty-foot extension beyond the point of need for the trailing end
and a minimum seventy-five-foot flare on the approach end of the guardrail.
(3)
Where consecutive installations of guardrail are required
and the points of need are 200 feet or less apart, the guardrail protection
shall be made continuous between the points of need.
R.
Construction plans. Construction plans for all street
construction must be submitted to the Borough for approval prior to beginning
construction.
S.
Streetlighting.
(1)
Requirements for installation of streetlighting:
(a)
Along an existing public street, the installation of
streetlighting for a subdivision or a land development may be required by
the Borough as recommended by the Duquesne Light Company.
(b)
Along a newly constructed public street or a service
road, the installation of streetlighting shall be a mandatory requirement
for a land development or subdivision containing more than three lots.
(2)
The lighting system shall be designed and constructed
in accordance with the specifications and requirements of the Duquesne Light
Company.
(3)
Prior to finalization of the developer's agreement
for a subdivision or land development of over three lots, the applicant shall
submit to the Borough documentation of approval by Duquesne Light Company
of the streetlighting plan.
(a)
The underground wiring and necessary appurtenances shall
be installed at the same time that the general distribution underground electrical
supply lines are being installed.
(b)
The applicant shall present a plan bearing certification
by Duquesne Light Company that such an installation as indicated in the above
section has been made.
T.
Traffic control requirements. Appropriate lane marking,
traffic separations, traffic control signs and signalizations for intersections
with public streets shall be provided by the applicant for a subdivision and/or
land development as required by the Borough and/or the Pennsylvania Department
of Transportation.
U.
Street names and sign requirements.
(1)
Street name signs shall be furnished and installed by
the Borough, at the applicant's expense, at each public street intersection
with another public street and at each intersection of a public street with
an access drive and as required by the Borough.
(2)
No street, other than an extension of an existing street,
shall be given the name or be similar to the name of an existing street in
the Borough.
(3)
The applicant may submit a name for the proposed street;
however, the final choice or approval of a name to identify a street or right-of-way
shall be that of the Borough. Approval of said name shall be part of the preliminary
plan approval.
V.
Street tree requirements.
A.
Each subdivision or land development shall have provided
an underground utilities plan.
(1)
No preliminary plan for a subdivision or land development
shall be approved by the Borough without a plan to provide adequate utilities.
(2)
The utilities plan shall be submitted with the preliminary
plan application as part of Exhibit No. 11: Proposed Underground Utilities
Plan, and with the final plan application as part of Exhibit No. 8: Final/Approved
Underground Utility Plan and/or Permit(s).
B.
Underground utilities to serve the proposed subdivision
or land development, including natural gas, electric and telephone plus cable
televisions, if applicable, shall be located within the utility easement or
right-of-way in accordance with the applicable utility company practice and
the Borough-approved final plans. The applicant shall notify the Borough inspector
once the utility is in place and prior to covering over. The applicant shall
not cover over utility lines until inspected by the Borough.
A.
Each subdivision or land development shall have provided
an adequate and potable water supply and distribution system.
(1)
No preliminary plan for a subdivision and/or land development
shall be approved by the Borough without a proposed and Borough-approved water
supply and distribution system plan.
(2)
The water supply and distribution plan shall be submitted
with the preliminary plan application as Exhibit No. 9: Proposed Water Supply
and Distribution Plan, and with the final plan application as Exhibit No.
6: Final/Approved Water Supply/Distribution Plan.
B.
Where the Borough's water distribution lines abut,
adjoin or are within a reasonable distance (1,000 linear feet) from the subdivision
or land development and adequate public water supply is available, it shall
be required of the applicant that said subdivision or land development be
provided with a water distribution system and fire hydrants in accordance
with the requirements of the Borough and said system be connected into the
water distribution lines.
C.
As determined by the Borough, where the public water
supply and distribution system could be extended in the future but immediate
connection to the Borough's utility easements, rights-of-way plus water
mains, fire hydrants and other necessary construction be completed in accordance
with the Borough's requirements within the subdivision and/or land development
to provide for eventual connection into the Borough's water supply and
distribution system.
D.
All water mains and associated construction to be used
in a system that will be served by the Borough or by a centralized water supply
shall be in accordance with the Borough and the Pennsylvania Department of
Environmental Protection requirements. The applicant shall notify the Borough
once the waterlines are in place and prior to covering over. The applicant
shall not cover over any water mains or laterals until inspected by the Borough.
E.
In areas where the Borough has determined that immediate
connection to the Borough's water supply and distribution facilities
is not feasible, individual water supply or, in some cases, a centralized
well shall be required.
(1)
Centralized wells shall be approved by the Pennsylvania
Department of Environmental Protection as well as by the Borough.
(2)
Where individual wells are to provide the water supply
and where, in the opinion of the Borough or as required by federal, state
or county regulations, the scope of the subdivision and/or land development
is sufficiently great or where the underground water supply is known to be
inadequate or water quality is known to be hazardous for human consumption,
the Borough may require the applicant to drill a test well and submit plans,
provisions and written agreements guaranteeing the construction of an adequate
and potable water supply and distribution system for the proposed land development
or subdivision, including, if necessary, complete treatment facilities, all
in accordance with the requirements of and subject to the approval of the
Borough, the Pennsylvania Department of Environmental Protection and any other
agency having regulations with which compliance is required.[1]
A.
Each subdivision or land development shall have provided
a sanitary sewage collection and treatment system as per the requirements
of the Borough and the Borough's Sewage Enforcement Officer.
(1)
No preliminary plan for a subdivision and/or land development
shall be approved by the Borough without a proposed and Borough-approved sanitary
sewage collection and treatment system plan.
(2)
The sanitary sewer collection and treatment system plan
shall be submitted with the preliminary plan application as Exhibit No. 10:
Proposed Sanitary Sewage Collection and Treatment Plan, and with the final
plan application as Exhibit No. 7: Final/Approved Sanitary Sewer Collection
and Treatment Plan and/or Permit and/or Planning Module.
B.
Where the Borough's sanitary sewer lines abut, adjoin
or are within a reasonable distance (1,000 linear feet) and where the Borough
has treatment capacity available, it shall be required of the applicant that
said subdivision and/or land development be provided with a system of sewer
mains and service lateral connections to each lot or building, as applicable,
and this system shall be connected into the Borough's sanitary sewer
collection system all in accordance with the rules and regulations of the
Borough. The owner/applicant of the proposed subdivision and/or land development
may be responsible for off-site improvements to the sanitary sewer system.
C.
In those areas where the Borough's sanitary sewer
system is not yet available due to lack of treatment capacity or availability
of collection facilities but additional/extended facilities are planned by
the Borough though not yet constructed, the Borough shall require of the applicant
that laterals shall be extended to the right-of-way and trunklines provided
to the edge of the subdivision or land development closest to the municipal
trunk location. The end of said lines shall be capped.
(1)
Until such time as the Borough's sanitary sewer
system becomes available, individual on-site disposal systems or a centralized
treatment and disposal system shall be installed as per the requirements of
and being approved by the Borough's Sewage Enforcement Officer and the
Pennsylvania Department of Environmental Protection. To the extent that an
interim sewer system may be designed for eventual integration into or connection
with the municipal sanitary sewer system, said interim system shall be reviewed
and approved by the Borough.
D.
In areas where the Borough's sanitary sewer system
is not available, the proposed subdivision and/or land development shall be
provided with an individual on-site sewage disposal system or a centralized
treatment and disposal system with an adequate collection system, all subject
to the approval of the Borough, the Borough's Sewage Enforcement Officer
and the Pennsylvania Department of Environmental Protection, all in accordance
with the Pennsylvania Sewage Facilities Act 537, as amended,[2] this chapter and the Borough Zoning Ordinance.[3]
A.
Each subdivision or land development shall have provided
a pedestrian circulation and access system.
(1)
No preliminary plan for a subdivision or land development
shall be approved by the Borough without a plan to permit adequate pedestrian
circulation and access into and within the subdivision or land development.
Where necessary or required, pedestrian and vehicular circulation and access
shall be separated.
(2)
The pedestrian circulation and access system plan shall
be submitted with the preliminary plan application as part of Exhibit No.
8: Proposed Circulation/Parking Plan, and with the final plan application
as part of Exhibit No. 5: Final/Approved Circulation/Parking Plan, Including
Lighting Plan.
B.
Location requirements along public streets.
(1)
Sidewalks or other pedestrian circulation facilities
adjacent to a public street or any other vehicular circulation facility classified
as an expressway or arterial shall be safely separated from the vehicular
movements. The design of said separation shall be approved by the Borough.
(2)
A sidewalk shall be provided on both sides of a street
which is an extension to an existing street having sidewalks on both sides.
The sidewalk shall align with the existing sidewalk.
(3)
A sidewalk shall be provided on the same side of a street
which is an extension to an existing street having a sidewalk on one side.
The sidewalk shall align with the existing sidewalk.
(4)
Sidewalks shall be provided on both sides of, adjacent
to and parallel with a public street classified as a collector street. The
sidewalks shall be required along the total length of the subdivision or land
development where such fronts on, abuts or is adjacent to an existing collector
street.
(5)
In areas without existing sidewalks, sidewalks shall
be provided on both sides of, adjacent to and parallel with a public street
classified as a local street when said local street presently serves or has
the future potential of serving 50 or more dwelling units. The sidewalks shall
be required along the total length of the subdivision or land development
where such land development or subdivision fronts on, abuts or is adjacent
to the local road which meets this present and/or anticipated service qualification.
(6)
Sidewalks shall be provided in land developments along
public streets which have existing sidewalks.
(7)
A sidewalk shall be within the roadway right-of-way and
shall abut on property lines, unless otherwise authorized by the Borough.
Sidewalks may be located within the interior of a subdivision and shall abut
the side and rear lot lines when the design of subdivision has made provisions
for interior sidewalks. Upon specific request to the Borough, the requirement
for sidewalks adjacent to a collector or a local street may be waived when
sidewalks shall be provided within the interior of a subdivision, provided
that said subdivision has sidewalks that intersect with existing public sidewalks
or other pedestrian facilities and when the interior sidewalk design meets
the Borough standards. Sidewalks at the side and rear lot line shall be within
a twenty-foot wide easement.
C.
Minimum width requirements along public streets.
(1)
A sidewalk serving a residential subdivision or land
development shall be a minimum of five feet wide.
(2)
A sidewalk located within a commercial or industrial
zoning district or a sidewalk which fronts on or abuts a commercial use, an
industrial use, a public school, a church, a governmental use, a recreational
use or a public service use shall be a minimum of six feet wide except sidewalks
within the Downtown Monaca Business District.
(4)
The Borough may require greater sidewalk width where
it is determined that the potential volume of pedestrian traffic requires
increased widths or where vehicular parking may permit automobiles to overlap
the sidewalk.
D.
For local streets which presently serve or have the future
potential of serving less than 50 dwelling units, pedestrian circulation and
access may be combined with the cartway of such local street when pavement
marking and street signage is provided to control and, where necessary, to
separate pedestrian and vehicular movements.
E.
As determined by the Borough Council, an interior pedestrian
accessway within a minimum twenty-foot right-of-way shall be provided from
a public street to any facility that requires public access. A lighting system
for this interior accessway shall be required. The design of this interior
accessway shall be approved by the Borough.
F.
Entrance walks and other pedestrian walkways shall be
provided within a land development when said development is without public
streets.
(1)
A minimum of one separate and defined entrance walk,
designed and constructed to the level of a sidewalk, may be required to permit
pedestrian access from the adjacent or abutting public street or sidewalk
to the entrances of the principal land use(s) within the land development.
(2)
A defined pedestrian walkway may be required to channelize
pedestrian movement from a parking facility with more than 25 parking spaces
to the entrance(s) of the building(s) or structures. The design of the pavement
markings and parking signage for the pedestrian walkway shall be approved
by the Borough.
G.
Pedestrian circulation facilities design/construction
requirements.
(1)
Plans and profiles for all pedestrian circulation facilities
shall be provided prior to preliminary plan approval. Cross-sections and specifications
shall be provided showing complete construction details for all pedestrian
circulation facilities prior to final plan approval.
(2)
The maximum gradient of any pedestrian circulation facilities
adjacent to a street shall be 10%; a maximum gradient of 8% will apply to
interior pedestrian facilities. The minimum gradient shall be 1% for any pedestrian
facility.
(3)
Where a pedestrian walkway requires steps to maintain
the maximum grades, said steps shall have a maximum rise of eight inches,
with all rises being even. Handrails shall be required for every set of steps
with more than two treads. The design and construction of said steps shall
be approved by the Borough.
(4)
Curb ramps to pedestrian walkways shall be constructed
where necessary to provide barrier-free access to public sidewalks or elsewhere
as required by the Borough. The design of the curb ramps shall be approved
by the Borough.
(5)
All sidewalks and all interior walks, entrance walks or other walkways which may be required to be designed to the level of a sidewalk shall be constructed as per the following except for sidewalks within the Downtown Monaca Business District, which shall be designed and constructed as per the Monaca Borough Code, Chapter 205, Article II, as amended:
|
Required Design Detail for Sidewalks
| |
|---|---|
|
4 inches of concrete
| |
|
Welded-wire fabric, No. 6 x 6 (gage)
| |
|
4 inches minimum crushed aggregate base
|
(6)
The surface of any pedestrian walkway, other than sidewalks
and those walkways which are required to be constructed to the level of a
sidewalk, shall be stable, durable, dustless and have a nonslip quality. Maintenance
responsibilities shall be clearly identified on the preliminary plan (Exhibit
No. 8) and Final Plan (Exhibit No. 5). Design details of pedestrian walkways
shall be approved by the Borough prior to construction.
(7)
A sidewalk not located within the public street right-of-way
shall have provided a lighting system to produce a minimum average maintained
light level of 0.5 footcandle on the horizontal surface of the entire facility.
(a)
No lighting system shall be designed to illuminate (direct
or reflected) onto adjacent or adjoining properties, resulting in a minimum
average maintained light level of more than 0.2 footcandle on such properties.
(b)
The design of the lighting system, including lamp-type
fixture and pole standards, shall be approved by the Borough prior to installation.
(c)
The ownership and maintenance of the lighting system
shall be identified on the preliminary plan.
A.
Each subdivision or land development shall have provided
an off-street parking, loading and unloading plan.
(1)
No preliminary plan for a subdivision or land development
shall be approved by the Borough without a plan to permit adequate off-street
parking, loading and unloading facilities.
(3)
The required site planning, construction and improvement
requirements for the off-street parking, loading and unloading facilities
shall be as specified within this chapter.
(4)
The plan for off-street parking, loading and unloading
facilities shall be submitted with the preliminary plan application as part
of Exhibit No. 8: Proposed Circulation/Parking Plan, and with the final plan
application as part of Exhibit No. 5: Final/Approved Circulation/Parking Plan,
Including Lighting Plan.
B.
Availability of facilities. The off-street parking, loading
and unloading facilities shall be available throughout the hours of operation
of the land use and/or activity for which such facilities are provided. In
addition, off-street space(s) shall be provided for the parking of delivery
vehicles awaiting loading or unloading and arriving after the hours of operation
of the land use or activity for which such facility be provided.
C.
Parking space.
(1)
Size. The minimum parking space per motorized vehicle,
whether inside or outside a structure, shall be not less than nine feet wide
and 18 feet long. All parking space(s) shall be ample in size for the type
of motorized vehicle for which it is intended.
(2)
Use. The parking space shall be used exclusively for
the temporary standing of a motorized vehicle.
(3)
Location. The parking space shall be located off or beyond
the public right-of-way.
(a)
No parking space shall be so located as to cause any
vehicle to be backed out onto any public street.
(b)
The parking space(s) shall be on the lot or development
site of the use for which the space is being provided.
(c)
The minimum required parking spaces shall be located
no more than 200 feet, pedestrian travel distance, from the entrance to the
use which it is intended to serve.
(4)
Parking spaces for handicapped persons. Designated parking
spaces for disabled persons shall be provided within off-street parking facilities
in such a manner as to provide a choice of locations and the shortest travel
distance possible to the main entrances of the buildings or structures which
the parking facility is intended to serve. Parking for handicapped persons
shall be designed in accordance with the following:
(a)
Size. The minimum parking space per motorized vehicle,
whether inside or outside of a structure, shall be not less than 14 feet wide
and 20 feet long. All parking spaces shall be ample in size to allow for the
opening of vehicle doors fully to permit the loading and unloading of wheelchairs
and the safe ingress and egress of the vehicle's passengers.
(b)
Each parking space reserved for handicapped persons shall
be clearly designated by a sign bearing the International Symbol of Access.
(c)
There shall be an accessible and barrier-free path, with
curb cuts at appropriate points and without stairs or abrupt grade changes,
from each reserved parking space to the accessible entrance to the buildings
or structures which the parking facility serves. Curb ramps shall be provided
as necessary at grade changes.
(d)
The number of required parking spaces reserved for handicapped
persons shall be as follows:
|
Total Parking
Spaces in Lot
|
Minimum Number of
Accessible Spaces
| |
|---|---|---|
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
100 plus
|
At a rate of 1 per 25 spaces
|
D.
Loading and unloading space.
(1)
Size. The minimum loading and unloading space, whether
inside, enclosed or outside of a structure, shall not be less than 12 feet
wide and 45 feet deep, with a minimum overhead clearance of 14 feet six inches.
All loading and unloading space(s) shall be ample in size for the largest
type of motorized vehicle for which it is intended.
(2)
Use. The loading and unloading space shall be used exclusively
for the temporary standing of a motorized vehicle while loading or unloading
merchandise or materials.
(3)
Location. The loading and unloading space shall be located
off or beyond the public right-of-way.
(a)
The loading and unloading space shall have direct access
to a public street without the use of parking spaces.
(b)
No loading and unloading space shall be so located as
to cause a vehicle to be backed out onto any public street.
(c)
The loading and unloading space shall be on the lot or
parcel of the use for which the loading/unloading space is being provided.
(d)
The loading and unloading space shall be immediately
adjacent to the loading dock or similarly designed facility for the loading
and unloading of materials associated with the use.
E.
Layout requirements for parking, loading and unloading
areas. All off-street parking or loading/unloading area(s) shall be so arranged
as to provide for orderly and safe parking, loading and unloading of vehicles.
(1)
All spaces shall be independently accessible such that
a vehicle may enter or exit any parking, loading or unloading space without
the necessity of moving another vehicle.
(2)
In parking areas of one to six parking spaces, an additional
90 square feet per parking space shall be required for turning and access.
(3)
In parking areas containing more than six parking spaces,
parking aisles shall be required. The width of the aisle between parking spaces
which provides access to individual parking spaces shall be sized in accordance
to the degree of parking angle provided in such parking spaces as follows:
|
Minimum Required Aisle Width
| |||
|---|---|---|---|
|
Parking Angle
(degrees)
|
1-Way Traffic
(feet)
|
2-Way Traffic
(feet)
| |
|
30
|
10
|
20
| |
|
45
|
12
|
Not permitted
| |
|
60
|
18
|
Not permitted
| |
|
70
|
19
|
22
| |
|
90
|
24
|
24
| |
(a)
Additional aisle width shall be required where the aisle
serves as a principal means of access (access drive) to on-site buildings
or structures.
(b)
Where parking angles of 45° to 60° are planned,
one-way traffic on aisles shall be provided.
(c)
One-way parking aisles shall not be dead-ended. A functional
exit shall be provided.
(d)
All parking aisle widths shall be so sized as to provide
the maneuvering space necessary to permit the safe convenient parking of motor
vehicles.
F.
Additional facilities. To facilitate the proper functioning
of parking, loading and unloading areas, the following additional facilities
shall be provided:
(1)
Standby/stacking lane(s). Adequate standby/stacking lane(s)
to serve as reservoir capacity into parking areas or to drive-in service areas
shall be provided adjacent to but separate from the parking aisles and access
drives.
(a)
Specifications. Specifications shall be as follows:
|
Facility Use
|
Reservoir Capacity of Standby/Stacking Line(s)
(spaces)
| ||
|---|---|---|---|
|
Drive-in banks or similar financial uses
|
3 per auto teller station
| ||
|
Drive-in theaters or similar amusement, entertainment and recreational
uses
|
15% of theater parking space capacity
| ||
|
Drive-in retail trade or services
|
3 per attendant station
| ||
|
Mechanical car washes or similar uses
|
6 per attendant station
| ||
|
Gasoline service stations or similar uses
|
6 per gasoline pump
| ||
|
Parking lots and/or garages or similar uses
| |||
|
With free-flow entry
|
1 per entry drive
| ||
|
With automatic ticket dispensing
|
2 per entry drive
| ||
|
With manual ticket dispensing
|
3 per entry drive
| ||
|
With attendant parking
|
10% of the parking space capacity served by that entry drive
| ||
|
NOTE: "Space," as used above, shall be defined as being the minimum
parking space specified by the terms of this chapter.
| |||
(b)
To assure that vehicles waiting for entrance into facilities do not obstruct the public street, the Borough reserves the right to assign additional requirements or requirements for reservoir capacity of standby/stacking lanes to uses not specifically mentioned in Subsection F(1)(a) but of a similar nature.
(2)
Driveways and access drives to off-street parking and
loading/unloading facilities. There shall be provided adequate ingress and
egress to all parking spaces and loading/unloading spaces designed for use
by residents, employees, customers, delivery services, sales people and, where
applicable, the general public. Driveways and access drives shall consist
of well-defined separate or common entrances/exits and separate pedestrian
ways and shall comply with the following provisions:
(a)
A parking area for one to 25 parking spaces shall be
provided with a driveway of not less than 10 feet in cartway width.
(b)
A parking area for more than 25 parking spaces shall
be provided with an access drive of not less than 12 feet in cartway width
per lane of traffic. Each access drive for a parking area for more than 25
parking spaces shall have, at a minimum, one entrance lane and one exit lane.
For a parking facility with over 200 parking spaces, two entrance lanes and
two exit lanes shall be required.
(c)
The width of an entrance/exit lane for any driveway or
access drive at its intersection with a public street shall not exceed 48
feet.
(d)
Loading and unloading areas shall be provided with an
access drive of not less than 48 feet in width.
(e)
Whenever an access drive extends into a land development
for more than 100 feet from the public street with which it intersects, no
parking or loading/unloading space or parking aisle or any other access drive
or driveway shall take direct access from the access drive for said 100 feet.
A physical barrier, design of which shall be approved by the Borough, shall
be provided to meet this requirement.
(3)
Intersection of an access drive or a driveway with the
public street or public road.
(a)
Access drives shall not open upon any public street or public road where the sight distance in either direction will be less than that specified in § 210-22J(7) of this chapter. A driveway for a single-family, two-family or duplex dwelling on a separate lot in a development of two lots or less is excluded from this requirement; however, driveway location shall be approved by the Borough.
(b)
At the intersection of an access drive or driveway with
a public street or road, the clear sight triangle shall be maintained.
(c)
Where traffic utilizing an access drive will interfere
with or restrict the existing or projected traffic flow on the adjoining public
street(s), additional public right-of-way, roadway, turning lanes, traffic
signalization and other off-site improvements shall be provided by the developer
to eliminate any potential interference with or restriction of the public
street or public road's capacity to function.
G.
Design and construction requirements.
(1)
All parking spaces, parking areas, parking aisles, standby/stacking
lanes, loading and unloading spaces and areas and access drives and driveways
shall be graded and drained in such a manner that there will be no free flow
of water onto either adjacent property, sidewalks or public streets.
(2)
All grading and soil erosion or sedimentation control
shall be as per the requirements of this chapter.
(3)
All driveways and parking spaces shall be surfaced so
as to provide a durable and dustless surface, such as gravel, slag, concrete
or bituminous materials.
(4)
For parking facilities of over 25 spaces, the parking
aisles shall be paved with concrete or bituminous materials and the maximum
permitted finished grade slope of the parking spaces and aisles shall be 5%.
(5)
All fire lanes, access drives and loading and unloading
areas for over 25 spaces shall be paved with concrete or bituminous materials,
and the maximum permitted finished grade slope shall be 10%.
H.
Lighting requirements. The lighting of any parking spaces,
parking areas, parking aisles, standby/stacking lanes, loading and unloading
spaces and areas, access drives and driveways shall be required if such facilities
are open and accessible to the general public when or where there is no natural
light.
(1)
The lighting system shall be so designed to produce a
minimum average maintained light level of from one to two footcandles on the
horizontal surface of the entire parking, loading or unloading facility. The
entire facility shall include parking spaces, parking areas, parking aisles,
standby/stacking lanes, loading and unloading spaces and areas, access drives
and driveways. A parking facility for a single-family, two-family or duplex
dwelling on an individual lot shall be excluded from this requirement.
(2)
No lighting system shall be designed to illuminate (direct
or reflected) adjacent or adjoining properties which results in a lighting
level in excess of more than 0.5 minimum average maintained horizontal footcandle
on the adjacent or adjoining properties.
(3)
Lighting standards shall not be located on parking stall
lines or in areas hazardous to traffic movements, nor shall they exceed the
height of 35 feet.
I.
Signing requirements. All traffic movements (vehicular
and pedestrian) and parking movements shall be controlled and/or separated,
utilizing signing (on pole standards or pavement marking), different surface
types and/or various forms of curbing. Standard Pennsylvania Department of
Transportation signage may be required. The movement patterns and control
on movement separations shall be approved by the Borough.
J.
Visual screen requirements. Off-street parking, loading
and unloading facilities shall be provided with visual screens as per the
following:
(1)
A parking, loading and unloading facility or area of
a nonresidential use shall provide a visual screen where said area of facility
adjoins a residential lot, a residential use, a residential zoning district
or lot used for school, church or public building.
(2)
A loading and unloading facility for a retail sales,
wholesale or manufacturing use shall be visually screened from a public street
or public road.
K.
Required planting strip. A landscaped planting strip
of a minimum of five feet shall be maintained between the parking, loading
and unloading facilities and any front lot line (i.e., public street right-of-way).
L.
Wheel-stop requirement. Wheel stops, curbing or other
suitable barrier shall be required by the Borough when the parking, loading
or unloading facility may permit vehicle encroachment beyond any planting
strip, yard and/or property line.
M.
Maintenance of off-street parking and loading areas:
(1)
Owners of all parking and loading/unloading facilities
shall be required to maintain both the number and the quality of such parking
and/or loading/unloading facilities, parking aisles, standby/stacking lanes,
driveways and access drives in accordance with the conditions, standards and
requirements set forth in this chapter for as long as the principal use for
which these facilities are required is in existence.
(2)
The owner of all parking and loading/unloading facilities
shall be required to keep these areas free of trash, debris, vehicle repair
operations or display and advertising uses.
A.
No preliminary plan for a subdivision shall be approved
without the applicant providing the location, dimensions, gross area, proposed
use and proposed restrictions for each division of real estate on Exhibit
No. 4: Propoxisting topography, physical features, property lines and land
use shall be provided by the applicant on Exhibit 2: Existing Topography and
Physical Features, and on Exhibit 3: Existing Land Survey and Land Use. The
applicant shall also provide as part of the final plan application Exhibit
No. 1: Final Site Plan/Recording Plat.
B.
Lot layout requirements. In preparing the preliminary
and final plans and exhibits for a subdivision, the following requirements
shall apply:
(2)
All lot lines shall be set perpendicular or radial to
the center line of the street. All nonradial lines shall require Borough approval
and shall be denoted as such on the plat.
(3)
No lot may be created or resubdivided nor may a lot area
be reduced in any configuration that shall reduce the minimum lot area and
lot width required by the regulations of the Zoning Ordinance.[2] Lots created for use of an essential service are excluded from
this requirement; however, other regulations of the Zoning Ordinance[3] may apply.
(4)
No lot shall be approved on which the elevation of the
final grade at the building line is more than eight feet below or above the
established grade of the adjoining street unless it can be established to
the satisfaction of the Borough that vehicular access to the off-street parking
area on the lot can be accomplished by the construction of a driveway not
exceeding twelve-percent slope with reasonable transition areas from the street
to the proposed building or structure.
(5)
A reserved and/or excepted area, lot, tract or parcel
in a subdivision or land development shall be prohibited which restricts access
to public streets from within the subdivision or land development or which
may restrict access to public streets from adjacent property.
(6)
A reserved and/or excepted area, lot, tract or parcel
shall be prohibited which may make an area, lot, tract or parcel undevelopable
for a permitted use within the zoning district in which it occurs or which
may revert to an untended nuisance area because of an existing or potential
man-made or natural hazard.
The building line, front yard, side yard, rear yard and height regulations
shall be as per the Borough Zoning Ordinance.[1]
In wooded areas or where other natural conditions, such as water bodies
or watercourses, hillsides and scenic vistas, exist in such a manner that
their presence adds to the desirability of a land area, the Borough may require
that the applicant/owner preserve as much of the original trees and natural
conditions as is economically feasible and require that a minimum of grading
be done other than that grading and excavating which is required in the construction
of the improvements in accordance with the improvement standards contained
within this chapter.
A.
Within a multifamily residential land development and
for each multifamily dwelling within a subdivision, every dwelling unit shall
be located within 150 feet of a refuse collection facility intended for the
disposal of household garbage and trash. This 150 feet shall be measured along
the designed pedestrian and vehicular travel ways.
B.
Within a land development for other than residential
uses, refuse collection facilities shall be provided within 200 feet of each
proposed structure or within 200 feet of each tenant space in those proposed
structures intended to contain more than one tenant or use. These 200 feet
shall be measured along the designed pedestrian and vehicular travel ways.
C.
Each refuse collection facility shall be visually screened
by a fence or wall, being not less than six feet in height, or by enclosure
within a building.
D.
Each refuse collection facility shall be located so as
to provide safe and convenient pickup by refuse collection agencies.
E.
No refuse collection facility shall be located in a designated
loading or unloading space, off-street parking spaces, parking aisle, driveway
or access drive.
A.
Land dedication for a residential subdivision. The applicant
of a proposed subdivision of 10 acres or more and involving 20 or more lots,
to be developed for residential use, may be required to set aside a minimum
of 8% of the total acreage of said subdivision.
(1)
Said site shall be used for open space and recreational
facilities.
(2)
The site may be dedicated and developed by the Borough
or may be dedicated to the common ownership of the subdivision landowner(s).
(3)
Site requirements.
(a)
Location, size, dimensions and use of land to be dedicated
shall be subject to Borough approval prior to the granting of preliminary
plan approval, and the following minimum requirements shall apply:
(b)
Land to be dedicated shall be accessible to the lots
within the subdivision by either adjoining a public street or by having a
dedicated right-of-way, to be a minimum of 20 feet wide, from a public street
to the land dedicated.
B.
Fee in lieu of land dedication for a residential subdivision.
Where, in the opinion of the Borough, a need does not exist for an open space/recreational
area or where suitable lands for public or common ownership cannot be found
within the subdivision site, the applicant of the subdivision of 10 acres
or more and involving 20 or more lots, to be developed for residential use,
shall, in lieu of land dedication, make a cash payment to the Borough as set
from time to time by resolution of the Borough Council.
[Amended 9-10-1996 by Ord. No. 822]
(1)
Fee is to be paid in full to the Borough prior to the
granting of final plan approval.
(2)
Fee shall be placed in a special escrow account to be
used for the acquisition, maintenance and development of public recreation
and community facilities in a location being in reasonable proximity to the
proposed subdivision.
C.
Open space and recreational development for a residential
land development. The owner/applicant of a proposed land development, other
than a subdivision of a minimum of 10 acres or 25 dwelling units may be required
to set aside and develop an open space area having recreational facilities
at a rate of 8% of the total acreage of said land development.
(1)
The land area required for open space/recreation uses
shall be developed with recreational facilities, the rate/amount of which
shall be subject to Borough approval.
(2)
Site and design requirements. Location, size, dimensions,
facilities and development schedule shall be subject to Borough approval prior
to the granting of preliminary plan approval. The following minimum requirements
shall apply:
(3)
The owner of the development shall perpetually maintain ownership and maintenance responsibilities of the open space/recreation area(s) unless a Borough-approved owners' association has been organized as per § 210-34 of this chapter or unless the Borough shall choose to accept ownership, in which case a fifty-foot right-of-way shall be provided from a public street to the recreation site.
D.
Open space development for a land development other than
for residential use.
(1)
The applicant of a proposed land development for use(s)
other than permanent residential use(s) may be required to set aside a minimum
of 5% of the total acreage of said land development for open space to be landscaped
or developed as a recreation area.
A.
If an owners' association shall be established to
govern common open space within a subdivision or land development, the organization
and management of said association shall be approved by the Borough prior
to final approval of the subdivision or land development plan and shall be
developed according to the following regulations:
(1)
The organization shall be organized by the applicant
and shall operate with financial subsidization by the applicant, if necessary,
before the lease or sale of any lots or property within the development.
(2)
Membership in the organization is mandatory for all property
owners therein and their successors.
(3)
The organization shall be responsible for maintenance,
insurance and taxes on common open space.
(4)
The members of the organization shall share equitably
the costs of maintaining and developing common open space in accordance with
procedures established by them.
(5)
The organization shall hire adequate staff to administer
common facilities and maintain the common open space.
B.
Failure to administer common facilities and maintain
the common open space. In the event that the organization or any successor
organization established to own and maintain the common open space shall,
at any time after establishment of the owners' association, fail to maintain
such common open space in reasonable order and condition in accordance with
the development plan, the Borough shall have recourse to remedy this failure
to maintain in accordance with the following procedure:
(1)
The Borough may serve written notice upon such organization
or owners of the development concerning such deficiencies of maintenance and
hold a hearing into the same.
(a)
The Borough may serve written notice upon such organization
or the owners of the development, setting forth the manner in which the organization
has failed to maintain such common open space in a reasonable condition. Said
notice shall include a demand that such deficiencies of maintenance be cured
within 30 days thereof and shall state the date and place of a hearing into
this matter, which shall be held within 14 days of the notice.
(b)
At such hearing into the deficiencies of maintenance,
the Borough may modify the terms of the original notice as to the deficiencies
and may give an extension of time within which they shall be cured.
(2)
Failure to cure such deficiencies of maintenance within
said 30 days or any extension thereof in accordance with the original notice
or modifications thereof may result in Borough entry onto and maintenance
of such common open space for the period of one year.
(a)
Said entry and maintenance shall not vest in the public
any rights to use the common open space except when the same is voluntarily
dedicated to the public by the owners.
(b)
Said entry and maintenance may be undertaken by the Borough
in order to preserve the taxable values of the properties within the development
and to prevent the common open space from becoming a public nuisance.
(3)
Prior to the expiration of said year of Borough maintenance
of such common open space, the Borough shall call a public hearing to determine
whether such maintenance by the Borough shall, at the election of the Borough,
continue for a succeeding year.
(a)
Before the expiration of said year of Borough maintenance
of such common open space, the Borough shall, upon its own initiative or upon
the request of the organization theretofore responsible for the maintenance
of the common open space and upon notice to such organization or to the owners
of the development, call a public hearing into the matter of continued Borough
maintenance of such common open space.
(b)
At such public hearing, the organization theretofore
responsible for the maintenance of the common open space or the owners of
the development shall show cause why such maintenance by the Borough shall
not, at the election of the Borough, continue for a succeeding year.
(c)
If the Borough shall determine that such organization
is ready and able to maintain said common open space in reasonable condition,
the Borough shall cease to maintain the common open space at the end of said
year.
(d)
If the Borough shall determine that such organization
is not ready and able to maintain said common open space in a reasonable condition,
the Borough may, in its discretion, continue to maintain said common open
space during the next succeeding year and, subject to a similar hearing and
determination, in each year thereafter.
(e)
The decision of the Borough in any such case shall constitute
a final administration decision subject to judicial review.
(4)
The cost of such maintenance by the Borough shall be
assessed ratably against the properties within the development that have a
right of enjoyment of the common open space and shall become a tax lien on
said properties. The Borough, at the time of entering upon such common open
space for the purpose of maintenance, shall file a notice of such lien in
the office of the Prothonotary of Beaver County upon the properties within
the development affected by such lien.
Each land development that is hereafter created or enlarged in land
area within the Borough shall comply with these additional standards governing
land developments:
A.
A preapplication conference and its requirements, including
the payment of a filing fee, shall be a mandatory application procedure.
(1)
The Borough may approve or disapprove the proposed master
plan of development or any or all of the alternate plans applicable to the
master plan and may attach necessary conditions and/or restrictions.
(2)
The applicant shall have obtained Borough approval of
the master plan and shall have agreed to all conditions and/or restrictions
prior to proceeding with the preliminary plan application.
B.
In addition to those standards and requirements included within prior sections of this Article IV, the following requirements shall apply to each application for a land development:
(1)
Site requirements.
(a)
Ownership. The applicant shall be the landowner or have
written authorization to act on behalf of the landowner for the entire site
proposed under the master plan.
(2)
Permitted uses. Only those uses permitted by the Borough
Zoning Ordinance within the zoning district in which the land development
is located shall be permitted in the land development.
(3)
Space between buildings. Unless affixed by way of adjoining
walls, every building or structure shall at a minimum have a ten-foot separation
between buildings and/or structures. An adjoining wall shall be a load-bearing
wall of the structure, extending from the foundation through the attic to
the roof structure.
(4)
Maximum length of residential structures. When residential
dwelling units are affixed by adjoining walls, no more than eight dwelling
units may be affixed side by side or front to back without a side yard separation
of 10 feet between said groupings of dwelling units. An adjoining wall shall
be a load-bearing wall of the structure, extending from the foundation through
the attic to the roof structure.
(5)
Requirements where adjacent to residential areas. When
a nonresidential land development is adjacent to an existing residential use
or an existing residential zoning district, the land development shall be
visually screened at the boundary lines of the land development.
(6)
Development requirements/restrictions. The applicant
shall submit with the preliminary plan application the following additional
items for Borough review and approval:
(a)
The proposed architectural controls within the development
intended to assure a control over style and shape of structures, roofline
control and/or facade treatments and construction materials.
(b)
The proposed controls and uniform signage plan to assure
overall control and uniformity of directional, informational and advertising
signs.
(c)
The proposed control over open and outdoor storage to
assure security of storage areas and visual screening from the public street.
(d)
The proposed control and restrictions of pollution emissions,
waste storage and waste treatment to assure the public health, safety and
general welfare.
(e)
The proposed ownership/management plan to assure control
of covenants, control of maintenance and control of long-range development.
A.
Where permitted by the Borough Zoning Ordinance,[1] a planned residential development shall comply with the standards
of this section governing the application process, development plan approvals,
site planning standards plus improvement and construction requirements.
B.
The application process and development plan approval process, including the tentative approval, public hearings and final approvals, shall comply with the Pennsylvania Municipalities Planning Code, Act 247, as amended, Article VII, Sections 707, 708, 709, 710 and 711.[2]
[2]
Editor's Note: See 53 P.S. §§ 10707, 10708, 10709,
10710 and 10711.
C.
Site planning standards/improvement and construction
requirements.
(1)
The applicant shall be the landowner of the entire site
proposed for development.
(2)
The minimum site size shall be 1/2 acre for a planned
residential development.
(4)
The uses permitted in a planned residential development
are those uses permitted and enumerated by the Borough Zoning Ordinance[4] for the zoning district in which the proposed development is located
and shall be deemed to be exclusive; no other uses shall be permitted.
(5)
The following density of land use for a planned residential
development in terms of dwelling units per acre, percent of development site
devoted to nonresidential uses, percent of total land coverage permitted by
buildings and percent of land devoted to open space shall be as follows:
|
Permitted Density of Land Use
| ||||||
|---|---|---|---|---|---|---|
|
Within the Zoning District
|
Dwelling Units per Gross Acre1
|
Percent of Site for Nonresidential Use2
|
Percent of Land Coverage3
|
Percent of Land in Open Space1
| ||
|
R-1
|
Low-Density Residential
|
6
|
10
|
60
|
10
| |
|
R-2
|
Medium-Density Residential
|
12
|
25
|
60
|
10
| |
|
R-3
|
High-Density Residential
|
20
|
25
|
60
|
10
| |
|
C-C
|
Central Commercial
|
29
|
50
|
95
|
5
| |
|
C-N
|
Neighborhood Commercial
|
9
|
50
|
60
|
10
| |
|
C-P
|
Pedestrian Commercial
|
22
|
50
|
95
|
5
| |
|
G-I
|
General Industrial
|
--
|
NOT PERMITTED
|
--
|
--
| |
|
S-C
|
General Conservation
|
2
|
10
|
40
|
50
| |
|
NOTES:
| ||||||
|
1
|
Dwelling units per acre may be varied by 20%, provided that
a ten-percent increase in open space is provided.
| |||||
|
2
|
Only those nonresidential uses permitted within the Zoning
Ordinance[5] for the applicable zoning district shall be permitted.
| |||||
|
3
|
The percent of land coverage covered by buildings excludes
open, uncovered paved walks, parking areas and driveways but includes all
other buildings or structures. The percent of land coverage may not be varied.
| |||||
(6)
No structure or building shall be located closer to the
boundary line of the development site than as specified in the Borough Zoning
Ordinance[6] by the minimum front, side and rear yard requirements for the
zoning district within which the development site is located.
(7)
Unless affixed by way of adjoining walls, every structure
or building shall be, at a minimum, separated from another structure or building
by a yard width of 10 feet. An adjoining wall shall be a load-bearing wall
of the structure, extending from the foundation through the attic to the roof
structure.
(8)
When residential dwelling units are affixed by adjoining
walls, no more than eight dwelling units may be affixed side by side or front
to back without a yard separation of 10 feet. An adjoining wall shall be a
load-bearing wall of the structure, extending from the foundation through
the attic to the roof structure.
(9)
When a nonresidential building or use is to be adjacent
to an existing residential use or an existing R-1, R-2 or R-3 Zoning District,
the nonresidential building or use shall be visually screened.
(11)
At least 25% of the dwelling units shall have been constructed
and occupied prior to occupancy of the nonresidential use(s).
