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Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
A. 
Natural and historic features. In all subdivisions, measures shall be taken to ensure that the design and development shall preserve insofar as possible all natural and historic features which will add attractiveness and value to the remainder of the property being subdivided. Some of these features are large trees or groves, watercourses and falls, historic areas and structures, exceptional views and other community assets.
B. 
Open space and community facilities. In order to obtain approval of a subdivision plan, the developer may be required to dedicate or reserve land for the following open space uses and community facilities:
(1) 
School sites.
(2) 
Other public and semipublic buildings and facilities.
(3) 
Locations for water supply systems or sewage treatment plant facilities in accordance with local and regional comprehensive plans.
(4) 
Highway rights-of-way reservations in accordance with local and regional comprehensive plans.
(5) 
Playlots and neighborhood parks. In considering the needs for playlots and neighborhood parks, the standards recommended in the Borough Comprehensive Plan may be applied.
C. 
Location of site. The location of proposed subdivisions shall be viewed with regard to the following:
(1) 
Comprehensive Plan. The subdivision shall conform to any applicable provisions of the Borough and County Comprehensive Plan or to such parts as may have been prepared and adopted.
(2) 
Zoning. The use of land in proposed subdivisions shall conform to the Borough Zoning Ordinance (Chapter 450).
(3) 
Nearby developments. A subdivision must be coordinated with existing nearby developments or neighborhoods, so that the area as a whole may be developed harmoniously.
A. 
Street requirements.
(1) 
Street plan. Proposed streets shall be properly related to the road and highway plans of the state, county and Borough.
(2) 
Through traffic. Local residential streets shall be laid out to discourage through traffic, but provisions for street connections into and from adjacent areas will be generally required.
(3) 
Stub streets. To provide an integrated street system, all stub streets of abutting subdivisions shall be incorporated into the proposed street system. Stub streets greater than one lot in length shall be provided with a temporary turnaround to the standards required for culs-de-sac.
(4) 
Dead-end streets. Dead-end streets shall be prohibited, except as stub streets to permit future street extension into adjoining streets or when designed as culs-de-sac.
(5) 
Cul-de-sac streets. Permanent cul-de-sac streets of not over 600 feet in length may be permitted and must be provided with a right-of-way at the turnaround of 45 feet radius or more and the curb radius must be 40 feet or more.
(6) 
Half streets. Half streets shall not be permitted except when required to complete a half street already in existence.
B. 
Right-of-way and cartway standards. Minimum street right-of-way and cartway widths shall be as follows:
[Amended 6-21-2004 by Ord. No. 657]
Street Classification
Right-of-Way
(feet)
No. and Width of Traffic Lanes
(number/feet)
No. and Width of Parking Lanes
(number/feet)
Cartway Width
(feet)
Expressway
(As determined by the Pennsylvania Department of Transportation)
Arterial
(As determined by the Pennsylvania Department of Transportation)
Collector
60
2/11
2/8 paved parking lanes
38
Local
50
2/11
2/8 paved parking lane
30
Alley
18 feet minimum
C. 
Intersection standards.
(1) 
Intersections. Intersections of local streets with collector streets shall be kept to the minimum.
(2) 
Number of streets at intersection. No more than two streets shall intersect at one point.
(3) 
Angle of street intersection. Streets shall intersect at 90°, except where this may be impractical. Angles of less than 90° may be designed, subject to the approval of the Borough Planning Commission.
(4) 
Center lines of intersecting streets. Two streets intersecting from opposite sides shall intersect at their center lines, or their center lines shall be offset at least 150 feet.
(5) 
Curbs at intersections. At all street intersections, curbs shall have a radius equivalent to the distance from the face of the curb to the street right-of-way measured at right angles. In cases where this distance is varied, the lesser of the two distances is to be used as the radius length.
D. 
Curvature and alignment.
(1) 
Horizontal curves. To ensure adequate sight distances, when street center lines deflect more than 5°, connection shall be made by horizontal curves. The minimum center-line radii for local streets shall be 150 feet, and of all other streets shall be 300 feet. A minimum tangent of 100 feet shall be required between curves and between a curve and street intersection.
(2) 
Vertical curves. Vertical curves shall be used at changes of grade exceeding 1% and shall be designed to provide minimum sight distances of 200 feet for local streets and 300 feet for all other streets.
E. 
Street grades. Center-line grades shall not exceed 12% for local streets, 8% for collector streets, and 6% for arterial streets. A minimum grade of 1% shall be maintained for all streets.
F. 
Intersections shall be approached on all sides by leveling areas. Such leveling areas shall have a minimum length of 75 feet (measured from the edge of the cartway of the intersecting road), within which no grade shall exceed a maximum of 4%.
G. 
Street names. A street that is an extension of an existing street shall have the same name as that existing street. There shall be no duplication of street names within the Borough.
A. 
Block length. The length of blocks shall not exceed 1,600 feet nor less than 500 feet.
B. 
Block width. Blocks shall be wide enough to provide for two tiers of lots having a depth which complies with existing zoning requirements.
C. 
Pedestrian crosswalks. Where blocks exceed 1,000 feet in length, pedestrian rights-of-way of not less than 10 feet in width shall be provided where needed for adequate pedestrian circulation. Paved walks of not less than five-foot width shall be placed within the pedestrian rights-of-way.
D. 
Wedge-shaped lots. In the case of wedge-shaped lots, no lot shall be less than 50 feet in width measured along the arc at the front street right-of-way line.
E. 
Lot line. Side lot lines shall be at right angles or radial to street lines.
F. 
Front on public street:
[Amended 10-6-2008 by Ord. No. 725[1]]
(1) 
All lots shall front on a public street having a cartway width of no less than 30 feet.
(2) 
The facade of a primary permitted use structure shall face and address a public street having a cartway width of no less than 30 feet.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Driveways. Driveways shall not be permitted to have direct access to state highways, unless authorized by the Pennsylvania Department of Transportation through issuance of a highway occupancy permit.
(1) 
Unless otherwise specified in the Borough Zoning Ordinance, (Chapter 450) driveways shall be located a minimum of 50 feet from street intersections, measured from the intersection of the street center lines.
(2) 
Driveway grades shall not exceed 7%.
(3) 
Driveways shall intersect streets at right angles.
H. 
Access for emergency vehicles. Suitable access for emergency vehicles shall be provided within all subdivisions and land developments, including adequate clear width and including access to reach all principal buildings. Driveways shall be designed to be accessible to emergency vehicles. Driveways that are greater than 100 feet in length and that provide access to a principal building shall have a ten-foot minimum horizontal clearance, a twelve-foot minimum vertical clearance and be designed to accommodate the weight of a fire engine.[2]
(1) 
Where an access is limited to use by emergency vehicles, the following standards shall apply:
(a) 
A Borough-appointed method shall be used to restrict access by nonemergency vehicles, with such construction detail submitted to the Borough.
(b) 
One coordinated emergency accessway may be shared by adjacent developments.
(c) 
Existing or proposed utility easements or rights-of-way should be considered for use as emergency accessways.
(d) 
The applicant shall provide evidence that the design of the emergency access will be able to accommodate the weight of emergency vehicles.
(e) 
Such access should be offered for review by the fire and police chiefs.
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Dumpsters. Applicants shall provide for the temporary storage of trash for all non-single-family residential developments. Locations and enclosures shall be approved by the Borough.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Easements shall follow rear and side lot lines, wherever practical, and shall have a minimum total of 20 feet apportioned equally between abutting properties. They shall be designed so as to provide efficient installation of utilities. Public utility installations shall be so located as to permit multiple installations within the easements.
A. 
Stormwater drainage, sanitary sewage, central water, emergency access and other types of easements shall be provided as determined to be needed by the Borough and as indicated on the plans.
B. 
Maintenance and obstructions. The owner of the lot shall maintain an easement in such a condition that does not inhibit its intended purpose(s). Fill or structures shall not be placed in an easement in a way that inhibits its intended purpose(s). Specifically, structures or grading that could alter or obstruct stormwater flows in violation of the approved final plan shall be prohibited within stormwater easements.
C. 
Borough entry. The Borough, at its option, shall have the right to enter a stormwater easement or any municipal easement to maintain it or improve it for its intended purpose(s), although the Borough does not accept the responsibility to complete such work.
D. 
The following note or a Borough-approved equivalent may be required to be placed on the record plan, unless another method of maintenance is specifically approved by the Borough.
"The property owner shall have the responsibility for the perpetual maintenance of the permanent stormwater management facilities. No changes shall be made to the stormwater management facilities or finish grading without prior written approval from the Borough. A blanket easement is hereby granted giving the Borough the right, but not the obligation, to enter the property to perform any required maintenance which has not been properly performed in a timely manner. The property owner shall be responsible for the cost of any maintenance which is performed by the Borough. The Borough shall lien the property for said costs until the Borough has been reimbursed in full."
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Storm drainage systems shall be provided in order to:
(1) 
Permit unimpeded flow of normal watercourses except as modified by stormwater detention facilities required by § 390-23C or open channels pursuant to § 390-23B(8).
(2) 
Ensure adequate drainage of all low points along the line of streets.
(3) 
Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained.
(4) 
Take surface water from the bottom of vertical grades, lead water from springs and avoid excessive use of cross-gutters at street intersections and elsewhere.
(5) 
Prevent overloading of drainage systems and watercourses downstream as a result of increased rate of runoff caused by the proposed development.
B. 
General requirements.
(1) 
A site drainage plan for the proposed subdivision tract shall be prepared which illustrates the following information:
(a) 
Mapping of the watershed area or areas in which the proposed subdivision is located.
(b) 
Calculations of runoff for all points of runoff concentration within the site.
(c) 
Complete drainage systems for the subdivision. All existing drainage features which are to be incorporated in the design shall be so identified. If the subdivision is to be developed in stages, a general drainage plan for the entire subdivision shall be presented, on which the first stages for the drainage system shall be indicated.
(2) 
The existing points of natural drainage discharge onto adjacent property shall not be altered without the written approval of the affected landowners.
(3) 
No stormwater runoff or natural drainage shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without approved provisions being made by the developer for properly handling such conditions.
(4) 
Storm drainage systems through the subdivision/land development shall be designed to convey the peak runoff that will occur when all tributary areas upstream are developed to the extent reasonable projected during the next 40 years. The calculation of this runoff rate shall take into account the land use and development regulations including runoff controls in effect in the tributary areas.
(5) 
Where a subdivision is traversed by watercourses other than permanent streams, there shall be provided a drainage easement conforming substantially with the line of such watercourse. The width of the easement shall be adequate to provide unimpeded flow of stormwater runoff based on calculations made in conformance with § 390-23D and to provide a freeboard allowance of 1/2 foot above the design water surface level. The terms of the easement shall prohibit excavation, the placing of fill or structures and any alterations which may adversely affect the flow of stormwater within any portion of the easement. Also, periodic cutting of vegetation in all portions of the easement shall be required.
(6) 
Drainage facilities that are located on state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation, and a letter indicating such approval shall be directed to the Borough Planning Commission.
(7) 
All streets shall be designed so as to provide for the eventual discharge of surface water away from their right-of-way.
(8) 
When it can be shown to the satisfaction of the Borough Engineer that, due to topographic conditions, natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities of open channels shall be calculated using the Manning equation as explained in Appendix B.[1]
[1]
Editor's Note: See Article VIII, Appendixes.
(9) 
Storm drainage facilities and appurtenances shall be so designed and provided as to minimize erosion in watercourse channels and at all points of discharge.
C. 
Stormwater detention.
(1) 
Stormwater detention facilities shall be used whenever post-development runoff would exceed predevelopment runoff for the design storms as determined by the Borough Engineer.
(2) 
Whenever detention facilities are required under § 390-23C(1), facilities will be designed to provide that the peak runoff rate at all points of discharge from the site, when developed, will not exceed the peak runoff rate at each of those points prior to development unless existing or planned detention facilities located elsewhere in the same drainage basin will provide that the peak runoff rate from the drainage basin after the site is developed will not exceed the peak runoff rate prior to development.
(3) 
Where detention facilities are included as part of the storm drainage system, the following provisions will apply:
(a) 
Detention points shall be designed so that they return to normal conditions within approximately 12 hours after the termination of the storm, unless the Borough Engineer finds that downstream conditions may warrant other design criteria for stormwater release.
(b) 
The developer shall demonstrate that such ponds are designed, protected and located to assure that public safety is maximized and health problems are prevented.
(c) 
The developer shall verify that the operation of the detention facilities will not aggravate potential downstream peaking conditions.
(d) 
Emergency overflow facilities shall be provided for detention facilities to handle runoff in excess of design flows.
(e) 
If the lands of the proposed land development will remain in common ownership, the developer shall provide written assurances to the Borough that the detention ponds will be properly maintained.
(f) 
If the lands of the proposed land development will be conveyed to two or more separate owners, the developer shall provide written assurances to the Borough that the detention ponds will be properly maintained or dedicate the land on which the detention ponds are located to the Borough, which shall then be responsible for maintaining the detention ponds.
D. 
Calculations of runoff and design and storm frequency.
(1) 
Storm drainage systems required by this chapter shall be designed to provide protection from a ten-year to one-hundred-year storm, as determined by the Borough Planning Commission. A ten-year design storm would be appropriate where a storm in excess of the design storm would have minor impact, such as inconvenience to traffic on local streets. A twenty-five-year design storm would be appropriate where a storm in excess of the design storm would cause major inconvenience to people and traffic in high-use areas such as business districts and major highways. A one-hundred-year design storm would be appropriate where a storm in excess of the design storm would cause damage to existing or future structures or their contents.
(2) 
Stormwater runoff from watersheds of 200 or less acres shall be calculated by the Rational Method as described in Manual Number 37 of the American Society of Civil Engineers. The Rational Method of runoff calculation is explained in Appendix B.[2]
[2]
Editor's Note: See Article VIII, Appendixes.
(3) 
Stormwater runoff from watersheds of more than 200 acres shall be calculated using the Soil Cover Complex Method developed by the Soil Conservation Service (now the Natural Resources Conservation Service) or other appropriate method acceptable to the Borough Engineer.
(4) 
The Manning equation explained in Appendix B shall be used in calculating capacities of watercourses and storm sewers, except culverts which shall be designed using methods acceptable to the Borough Engineer.
(5) 
Complete detailed drainage calculations and applicable charts and nomographs certified by the design engineer shall be submitted to the Municipal Engineer.
(6) 
Hydrograph models, such as the Natural Resources Conservation Services Soil Cover Complex Method, shall be used as the method of computation for the design of stormwater detention facilities.
E. 
Improvement specifications. Inlets shall be designed and located to prevent hazardous conditions for vehicles, bicycles or pedestrians.
In accordance with the Pennsylvania Public Utility Commission Investigation Docket No. 99, as amended from time to time, all electric utility distribution lines shall be installed underground in subdivisions or land developments of five or more dwelling units. In addition, the following design requirements shall be observed:
A. 
Established public utility and state and federal governmental agency design standards shall be observed in preparing the utility plan.
B. 
Utility line to be installed within street rights-of-way shall be located according to Borough or Borough Authority requirements.
C. 
Whenever practicable, telephone and cable TV utilities shall be installed underground in connection with the installation of electric utility distribution lines.
D. 
Streetlighting, where required, shall be provided at each intersection of the development and at intervals not to exceed 350 feet between intersections.
E. 
Utility lines shall be installed at the rough grade phase of construction. Utility lines shall be installed according to their depth, with the utility line installed at the greatest depth being installed first.
A. 
Trees six inches or more in diameter (measured at a height of 4 1/2 feet above grade) shall not be removed unless they are located within the proposed cartway or sidewalk portion of a street right-of-way or within 15 feet of the foundation area of a new building. Areas in which trees are retained shall remain at original grade level and undisturbed wherever possible.
B. 
Where no existing trees are retained along street rights-of-way, trees shall be planted at intervals of between 50 and 100 feet, but in no instance shall there be less than one tree per lot. Trees shall not be retained or planted within three feet of the street curb or the sidewalk. Trees may be retained or planted between the street curb and the sidewalk if there is a minimum distance of six feet.
C. 
A landscape plan shall be drawn for all developments and subdivisions. The shall show existing and proposed vegetative cover; plant schedule with botanical and common names, root condition, size and general notes; planting details; and the following note: "Street trees, buffers and other required landscaping shall be maintained by the property owner and replaced if it dies or loses its effectiveness for the purpose to which it was required."[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The landscape plan shall include trees in addition to those required along the street rights-of-way. The following standards are to be used as a guide to the number, not the spacing or location, of additional trees required.
(1) 
One tree per dwelling unit.
(2) 
One tree per 50 linear feet of newly constructed street.
E. 
Consideration shall be given in species selection to disease and storm resistance.
F. 
Street trees. Street trees shall be provided as shown on the approved plans in accordance with the following standards:[2]
(1) 
Selection. Species of street tree shall conform to design plans approved by the Borough. If no such plan exists, applicant shall coordinate with the Borough on an appropriate street tree species.
(2) 
Quality of trees. Street trees shall be of the deciduous type, of symmetrical growth, free of insect pests and disease, and deemed durable by regional nursery standards.
(3) 
Size of trees. Trees shall have a minimum of a seven-foot single straight stem to first lateral branches above ground level. The trunk diameter, measured at a height of three feet above the finished grade level, shall be a minimum of 2 1/2 inches.
(4) 
Planting of trees. Trees shall be planted and staked in conformance with good landscaping practices. Tree locations shall be adjusted insofar as practical to avoid conflicts with overhead or underground utilities.
(5) 
Maintenance of street trees. Street trees shall be properly maintained by the developer after they are planted. This maintenance shall include initial watering, replacement of dead trees, control of insects and diseases, repair of mechanical injury, removal of dead branches and removal of stakes and guy wires after the first year.
(6) 
Recommended tree species.
(a) 
Small trees, smaller than 30 feet. Suitable for narrow street tree lawns/pits (less than six feet wide), and low overhead utility lines. Trees should be planted at thirty-foot to thirty-five-foot intervals.
Acer buergerianum
Trident maple
Acer campestre (cultivars Queen Elizabeth 'Evelyn' or 'Schichtel's Upright')
Hedge maple
Carpinus caroliniana
Ironwood, Musclewood or American hornbeam
Cercis canadensis (single leader)
Eastern redbud
Cornus mas
Cornelian-cherry
Pyrus betulaefolia 'Southworth' Dancer™
Ornamental birch-leaf pear
Pyrus calleryana 'Jaczam,' 'Jilzam'
Jack™, Jill™ callery pear
Syringa reticulata 'Ivory Silk'
Japanese tree lilac
Tilia cordata 'Halka'
Summer Sprite® littleleaf linden
Zelkova serrata 'Schmidtlow'
Wireless® zelkova
(b) 
Medium to large trees, larger than 30 feet. Suitable for wide tree lawns/pits (greater than six feet wide) or park settings without overhead utility lines. Trees should be planted at thirty-five-foot to forty-foot intervals.
Acer x freemanii 'Armstrong'
Columnar red maple
Acer rubrum
Red maple
Carpinus betulus
European hornbeam
Cercidiphyllum japonicum
Katsura tree
Celtis occidentalis
Common hackberry
Ginkgo biloba (male only)
Ginkgo, sometimes called "Maidenhair Tree"
Gleditsia triacanthos var. inermis (nonfruiting cultivars)
Thornless common honeylocust
Gymnocladus dioicus (male only)
Kentucky coffeetree
Phellodendron amurense (male only)
Amur cork tree
Platanus x aceriflolia
London planetree
Prunus sargentii
Sargent cherry
Quercus acutissima
Sawtooth oak
Quercus coccinea
Scarlet oak
Quercus imbricaria
Shingle oak
Quercus macrocarpa
Bur oak or mossycup oak
Quercus muehlenbergii
Chinkapin oak, sometimes called "Yellow chestnut oak"
Quercus phellos
Willow oak
Quercus rubra
Northern red oak
Quercus robur
English oak
Quercus shumardii
Shumard oak
Robinia pseudoacacia
Black locust
Tilia cordata 'Greenspire'
Littleleaf linden
Tilia tomentosa 'Green Mountain'
Silver linden
Ulmus carpinifolia (Dutch-elm-disease-resistant cultivars)
Elm hybrids
Zelkova serrata
Japanese zelkova
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Site landscaping. All subdivisions and land developments shall provide plantings in addition to any required street trees or buffer yard planting screens in accordance with the following requirements:[3]
(1) 
At least one tree shall be provided for each 500 square feet of new impervious cover.
(2) 
Besides the types of trees specified for use as street trees, the site landscaping trees may include flowering or ornamental trees (at least 1 1/2 inches in diameter, measured three feet above finished grade level) or evergreen trees (at least five feet high). The number of flowering ornamental and evergreen trees shall not comprise more than 75% of the total site landscaping plantings.
(3) 
Existing retained trees may be counted towards meeting the number of plantings required.
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Parking lot landscaping. Any parking facility for five or more cars shall provide no less than one two-and-one-half-inch caliper shade tree per five parking spaces and additional plant materials as necessary to prevent headlights from glaring onto adjacent streets or properties to the satisfaction of the Borough.[4]
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Buffers.[5]
(1) 
Purpose. Buffer yards enhance the environmental quality by the separation and screening of uses of different types and incompatible abutting land uses.
(2) 
Application. Any new building, structure, land use or expansion of existing buildings, structures or land uses shall require a buffer to separate said development from incompatible abutting land uses. The developer who is proposing the new development is responsible for installing said buffer.
(3) 
The occupancy permit for a use on the premises shall not be issued until such time as the landscaping requirements, buffer yards and/or other approved improvements required are either actually installed in full compliance herewith or, in the event that the season is not appropriate, a performance guaranty of 110% of the cost, as approved by the municipality, has been deposited with the municipality. Such guaranty shall be in a form acceptable to the municipality, and the depositor shall agree in making the deposit that, if performance is not completed within the time specified by the Zoning Officer on the receipt delivered to the depositor, the municipality may complete the requirements and charge the cost against the deposit; otherwise the deposit shall be returned in full after the satisfactory completion of the work.
(4) 
In addition to plant materials, fences, walls and planted earthen berms may be provided in addition to or substituted for plant materials after review by the Planning Commission and approval by Borough Council as to their function and suitability.
(5) 
Buffers and planting screen requirements.
(a) 
A buffer shall consist of a dense screen of trees, shrubs or other plant materials or fences or walls extending the full length of the land use to serve as a barrier to visibility, glare and noise.
(b) 
A buffer shall be a minimum of six feet high and, if plant material, shall produce, within three years, a complete visual screen of at least six feet in height.
(c) 
A buffer screen may be comprised of one or more elements, including plantings, walls or fences.
(d) 
The planting screen shall be maintained permanently, and any plant material which does not live shall be replaced within six months.
(e) 
Planting screens shall not interfere with traffic visibility along a curve, across the corner of a lot and at access driveways.
(6) 
Fences, hedges and wall screens. Fences, walls or other structures and hedges or plantings shall not be located at street corners so as to interfere with the clear sight triangle. Their height is restricted to three feet within the sight triangle. Fences shall not be permitted within a riparian buffer area.
(7) 
In residential, mixed and town center districts, fences, walls or hedges may be erected in the front, side and rear yards of properties. The height shall be no more than three feet in a front yard and no more than six feet in a side and rear yard. Exceptions to the maximum permitted heights may be granted by the Zoning Officer.
(8) 
In all other districts, fences, walls and hedges may not exceed eight feet in height, regardless of location in any required yard. Salvage and storage yard sites must be completely enclosed by a sight-obscuring hedge, masonry wall or wooden fence.
(9) 
Fences shall be constructed of durable fencing material. Waste materials such as discarded vehicles, appliances, assembled or partially assembled materials or raw materials are prohibited. No fence shall contain or have attached barbs, razors or similar types of injurious materials or configurations, unless specifically approved by the Zoning Officer for appropriate reasons and circumstances such as the containment of livestock or high-level security.
(10) 
Fences may be constructed of wood, metal chain link, steel, aluminum, iron, plastic resin or other materials deemed suitable by the Borough. Fences may be left bare or finished with paint, plastic or vinyl coating or other finishes deemed suitable by the Borough.
(11) 
Freestanding walls may be constructed of stone, poured or precast concrete, brick or tile masonry, and shall be subject to all applicable building codes.
(12) 
No hedge shall consist of plant material featuring conspicuous thorns or other threats to public safety. No hedge shall consist of plant material listed as an invasive species by the Pennsylvania Department of Conservation and Natural Resources (DCNR).
(13) 
The property owner is solely responsible for the continued maintenance of any fence, wall or hedge. If a fence, wall or hedge is not properly maintained, or is deemed unsafe, or is damaged, destroyed or deteriorated, the owner must remove, replace or repair it within 30 days of receipt of written notice to do so from the Zoning Officer or Borough official.
[5]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
All earthmoving activities shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation.
B. 
No earthmoving or soil disturbance may take place until an erosion and sedimentation control plan has been developed in accordance with Chapter 102, Erosion Control, P.L. 1987.[1] Such a plan is to be maintained on the construction site until all disturbed areas are finally stabilized.
[1]
Editor's Note: See 25 Pa. Code Chapter 102.
C. 
The erosion and sedimentation control plan shall be developed in the form outlined in the Soil Erosion and Sedimentation Control Manual issued by the Department of Environmental Protection.
D. 
All erosion and sedimentation control plans shall be submitted with the final plan.
E. 
When it has been determined that an earthmoving permit is required, the application for such a permit must be filed with the County Conservation District.
F. 
The Borough may require the submission of the erosion and sedimentation control plan to the County Conservation District for review and recommendations, whether a permit for earthmoving is required or not.
A. 
In proposed subdivisions which are intended to provide housing for more than 50 families, the Borough Council, upon the recommendation of the Borough Planning Commission, may require that the developer dedicate land for open space and recreation in accordance with the following guidelines:
Families to be Served
Minimum Open Space
and Recreation Acreages
50 to 174
3.0
175 to 374
6.0
375 to 624
10.0
625 to 800
12.0
For each additional 175 families
1.5
B. 
In circumstances where the recreation needs of a development could better be met through the use of off-site facilities, cash to be used for these facilities may be accepted by the Borough Council in lieu of open space dedication. The contribution shall be made according to the fee schedule adopted by the Borough Council.
C. 
In proposed subdivisions intended to provide housing for less than 50 families or whenever a new residential unit is initially created or there is a conversion of a dwelling unit into two or more residential apartments, cash in lieu of open space dedication for each new residential unit may be required by Borough Council and may be used for recreational purposes in accordance with the standards as set forth in § 390-27B. Payment of recreational fees shall be paid at the time of issuance of the building permit.
[Amended 12-2-2013 by Ord. No. 783; 3-6-2017 by Ord. No. 813]