Borough of Elizabethtown, PA DESIGN STANDARDS

The standards and requirements contained in this Chapter shall apply as minimum design standards for subdivisions and/or land developments within the Borough. In addition, subdivisions and/or land developments shall be designed to comply with the requirements of the Zoning Ordinance [Chapter 27], the Stormwater Management Ordinance [Chapter 27], and regulations of the Pennsylvania Department of Transportation, as applicable.

All proposed subdivisions and/or land developments shall be designed, laid out, arranged, constructed and coordinated with all presently existing facilities and improvements which serve the tract proposed to be developed, including but not limited to the (a) transportation network, (b) sewer collection, conveyance and treatment facilities, (c) water supply and distribution facilities, and (d) stormwater management facilities, as necessary to accommodate prospective traffic, provide adequate sewer and water service, promote proper stormwater management, facilitate fire protection, prevent flooding and conform to the Comprehensive Plan, including any urban growth boundary, the Official Map, and any regulations or plans adopted in furtherance thereof. All proposed subdivisions and/or land developments shall also be designed, laid out, arranged, constructed and coordinated to ensure that abutting properties will continue to have safe and convenient access in accordance with the standards of this Chapter or, if such properties do not presently have such access, to have access at least equal to the level existing prior to the proposed subdivision and/or land development. The applicant shall submit studies and reports with the preliminary plan and the final plan which shall clearly identify any assumed, proposed and required improvements to existing facilities. If an applicant submits a study, report or plan which contains improvements assumed to be installed by others and compliance with the design standards in this Chapter is based upon the completion of such assumed improvements, the design standards of this Chapter shall not be considered as met unless the applicant presents evidence that a governmental entity has budgeted funds and/or has entered into contracts for the assumed improvements or unless a plan for another development which proposes the installation of such improvements has been approved and recorded.

Whenever the Zoning Ordinance [Chapter 27] provides that the use proposed by the applicant for subdivision and/or land development approval shall constitute a use by special exception or a conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or Borough Council, as applicable, prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which the Zoning Hearing Board or Borough Council, as applicable, has imposed upon such approval.

Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of the Zoning Ordinance [Chapter 27], the applicant shall obtain such variance from the Zoning Hearing Board prior to the submission of the preliminary plan. The plan shall be designed and developed in accordance with any conditions which the Zoning Hearing Board has imposed upon the grant of such variance or variances.

Whenever all or a portion of the land contained within an application for subdivision or land development approval constitutes all or a portion of land included in a prior subdivision or land development plan approved by the Borough or the County Planning Commission and recorded in the office of the Recorder of Deeds in and for Lancaster County, Pennsylvania, the plan shall comply with all conditions, restrictions and notes imposed on the prior approval and/or included upon the recorded subdivision or land development plan. The applicant shall identify all prior recorded subdivision and/or land development plans of which all or a portion of the land contained in the plan was a part and all conditions, restrictions and notes which affect the current application. Failure to identify all applicable conditions, restrictions and notes of record on prior plans constitutes a violation of this Chapter. The applicant shall submit with the application for preliminary plan approval a statement identifying the prior plans reviewed; the conditions, restrictions and notes which would impact development in accordance with the plan for which approval has been requested; and an explanation of the manner in which the proposed plan has been designed to comply with such conditions, restrictions and notes. This information shall be signed by the applicant or the applicant's engineer or landscape architect.

§ 602 Blocks and Lots.

[Ord. 663, 6/20/1985, § 602]

The configuration of blocks and lots shall be based upon the lot area requirements, salient natural features, existing man-made features and the proposed type of structure. Lot configurations should provide for flexibility in building locations, while providing safe vehicular and pedestrian circulation.

Residential Blocks. All blocks in a residential subdivision shall have maximum length of 1,600 feet.

Nonresidential Blocks. Blocks in nonresidential areas may vary from the requirement of § 602(2) when required by the nature of the use. Adequate provisions shall be made for traffic circulation and satisfactory fire protection.

Lot and Parcel Configuration.

Whenever practical, side lot lines shall be radial to street lines.

In order to avoid jurisdictional problems, lot lines shall, whenever feasible, follow Borough boundaries rather than cross them.

All lots shall front on a street, except a service street.

Double frontage lots are prohibited except where provided as reverse frontage lots. Reverse frontage lots are only permitted when a reduction of driveway intersections along a street with a high volume of vehicular movements is desired. All reverse frontage shall include an identification of the frontage for use as a road access.

§ 603 Building Setback Lines.

[Ord. 663, 6/20/1985, § 603]

A building setback line shall be provided along each street. The area in front of the building setback line shall be preserved from structural development.

In the case of corner lots, the setback from each adjacent street shall apply.

§ 604 Easements.

[Ord. 663, 6/20/1985, § 604]

Easements for sanitary sewer facilities, stormwater drainage facilities, public utilities or pedestrian access shall meet the standards listed below.

To the fullest extent possible, easements shall be adjacent to property lines.

Nothing shall be placed, planted, set or put within the area of an easement that would adversely affect the function of the easement or conflict with the easement agreement.

The applicant shall reserve easements where storm water or surface water drainage facilities are existing or proposed, whether located within or beyond the boundaries of the property.

All easements shall clearly identify who has the right-of-access and responsibility of maintenance.

In existing structures, the excessive use of easements, as determined by Borough Council upon recommendation from the Planning Commission, shall be sufficient grounds for denying the approval of a preliminary or final plan. Excessive use of easements may be defined as those easements which may eventually create undesirable conditions for future property owners.

§ 605 Survey Monuments and Markers.

[Ord. 663, 6/20/1985, § 605]

Permanent stone or concrete monuments shall be accurately placed along at least one side of each street at the beginning and end of all curves and at all angles.

Markers shall be set at all points where lot lines intersect curves and/or other property lines.

Monuments shall be of concrete or stone, with a flat top having a minimum width or diameter of four inches and a minimum length of 30 inches. Concrete monuments shall be marked with a 3/4 inch copper or brass dowel; stone or precast monuments shall be marked on the top with a proper inscription and a drill hole. Markers shall consist of iron pipes or steel bars at least 30 inches long and not less than 3/4 of an inch in diameter.

All monuments and markers shall be placed by a registered engineer or surveyor so that the scored or marked point shall coincide exactly with the point of intersection of lines being monumented or marked.

All existing and proposed monuments and lot lines markers shall be delineated on the final plan.

§ 606 Streets.

[Ord. 663, 6/20/1985, § 606]

General Requirements. The following general requirements and minimum standards shall be followed on all subdivision and land development applications:

Improper Width. Where a subdivision abuts an existing street of improper width or alignment, the Borough may require the dedication of land sufficient to widen the street or correct the alignment.

Resubdivision. If the lots in the development are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such an eventuality shall be provided.

Clear Sight Triangle. There shall be provided and maintained at all intersections a clear sight triangle with a line of sight between points 100 feet from the intersection of the street centerlines. Clear sight triangles shall be indicated on all plans. No building or other obstruction that would obscure the vision of a motorist shall be permitted within these areas.

Driveways. Driveways shall be so located as to provide reasonable sight distances at intersection with streets. Driveway location shall be determined on all land development plans. Subdivision plans may delineate location or include a notice of conformity to this specification.

Design Standards. Design standards for all streets are contained in the Borough of Elizabethtown Street Improvement and Maintenance Ordinance, No. 667, as amended [Chapter 21, Part 7]. All streets planned in any subdivision or land development shall conform to these standards.

Improvement Standards. All street improvements, paving and construction of subdivisions and land developments shall conform to the Borough of Elizabethtown Street Improvement and Maintenance Ordinance, No. 667, as amended [Chapter 21, Part 7].

§ 607 Curbs and Sidewalks.

[Ord. 663, 6/20/1985, § 607; as amended by Ord. 829, 11/15/2001]

Curbs and sidewalks, on both sides of each street, shall be required in any subdivision or land development. Curbs and sidewalks shall be designed and installed in conformance with the standards contained in the Borough of Elizabethtown Curb and Sidewalk Ordinance, No. 693, as amended [Chapter 21, Part 1].

§ 608 Stormwater Management and Floodplain Controls.

[Ord. 663, 6/20/1985, § 608; as amended by Ord. 829, 11/15/2001; and by Ord. 872, 5/18/2006, Art. IV]

All subdivision and land development applications shall include stormwater management data. All stormwater management, collection, conveyance and floodplain considerations shall be accomplished and data prepared and supplied in accordance with the provisions of the Elizabethtown Borough Stormwater Management and Earth Disturbance Ordinance of 2006, and as may be amended from time to time, and the Elizabethtown Borough Zoning Ordinance.[1]

[1]

Editor's Note: See Ch. 17, Stormwater Management, and Ch. 27, Zoning.

§ 609 Erosion and Sedimentation.

[Ord. 663, 6/20/1985; § 609; as amended by Ord. 829, 11/15/2001; and by Ord.872, 5/18/2006, Art. V]

All development applications which involve grading or excavation shall conform to the requirements of Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as amended. It shall be the responsibility of the applicant to secure approval from the Department of Environmental Protection. Approval of plans by the Commission or Borough Council shall not be construed as approval under such regulations.

An erosion and sedimentation control plan must be prepared for a single lot or more where subdivision, land development or other earth moving activity is proposed. The plan must be in accordance with the rules and regulations of the Department of Environmental Protection noted above and the Pennsylvania Clean Streams Law, Act 222, as amended.

Such erosion and sedimentation control plan shall be submitted to the Borough Engineer and Lancaster County Conservation District for review as part of the preliminary and final plan applications.

All provisions of the Elizabethtown Borough Stormwater Management and Earth Disturbance Ordinance of 2006, and as may be amended from time to time, shall be complied with in conjunction with any development application.[1]

[1]

Editor's Note: See Ch. 17, Stormwater Management.

§ 610 Floodplain.

[Ord. 663. 6/20/1985, § 610]

All subdivision and land development plans shall be submitted in accordance with, and reviewed by the Planning Commission and Borough Council to insure conformity with, the Borough of Elizabethtown Floodplain Ordinance, No. 608, as amended [Chapter 8].

§ 611 Landscaping.

[Ord. 663, 6/20/1985, § 611; as amended by Ord. 829, 11/15/2001]

Existing Wooded Areas. Existing wooded areas shall be protected to prevent unnecessary destruction. Trees with a caliper of six inches or more as measured at a height of 4 1/2 feet above existing grade, shall not be removed unless they are located within the proposed cartway or sidewalk portion of the street right-of-way, or within 15 feet of the foundation area of a proposed building. In areas where trees are retained, the original grade level shall be maintained if possible, so as not to disturb the trees.

Where existing trees are removed along the street right-of-way, supplemental planting, in the form of appropriate street trees, shall be introduced. Such trees shall be planted at intervals of between 50 feet and 100 feet and preferably in random patterns.

Replacement trees shall be of a minimum trunk caliper of two inches at a height of six inches above finished grade.

Street Trees. Street trees are required to be planted between every 50 and 100 feet in random patterns in all subdivision and land development plans, except minor subdivision and lot add-on plans.

Trees shall be planted between the street right-of-way line and the building set-back line. The tree growth shall not interfere with the street cartway, sidewalk or any utility line.

Ground Cover. Ground cover shall be provided on all areas of the project to prevent soil erosion. All areas which are not covered by paving, stone or other solid material shall be protected with a vegetative growth.

§ 612 Specific Traffic Control and Access Requirements.

[Ord. 663, 6/20/1985, § 612; as amended by Ord. 863, 10/20/2005, § 2; and by Ord. 897, 7/17/2008]

The following specific traffic control and access requirements shall be met for developments which produce 100 peak-hour directional trips:

If any traffic signals are to be installed, the distance between any new and/or existing signals shall be at least 1,000 feet, unless it can be demonstrated that adjacent traffic signals can operate sufficiently at lesser distances.

Design of proposed development access points shall take into consideration the horizontal and vertical grades of the existing road network in the traffic study area to permit safe and convenient access to the site as defined in the latest PennDOT standards and regulations. The developer shall demonstrate that each access point is located so as to provide the optimum safe and convenient access given the horizontal and vertical grades of the existing road network. The developer shall present all engineering data necessary to demonstrate that its proposed access point or points meet this standard. If the developer desires to locate an access point at a location which does not provide the optimum safe and convenient access given existing conditions, the developer shall demonstrate that the developer shall take action necessary to provide equally safe and convenient access. All modifications required to meet these regulations will be the responsibility of the developer.

The developer shall demonstrate, by using the latest PennDOT standards and regulations, that the proposed use will not create traffic patterns and movements which will jeopardize the traveling public.

(1)

Stacking of sufficient length shall be provided in all traffic lanes on the site and on abutting roadways to ensure that there shall be no blockage of through traffic. The design and length of the stacking lanes shall be justified and supported by the queuing analysis required as part of the traffic study.

(2)

Street and/or access drives to and within the site shall be designed in a manner that blockage of through traffic by vehicles attempting to enter or exit on these streets or access drives will not occur.

(3)

Acceleration, deceleration and turning lanes within the site and on the abutting roadways shall be of sufficient lengths to accomplish their intended use.

If reduction of the speed limit, installation of traffic control devices, limitation of parking or turning movements or similar measures are required to mitigate traffic impacts upon Borough or State highways, the applicant shall present traffic studies performed in accordance with PennDOT regulations and Publication No. 201, Engineering and Traffic Study Regulations. The erection or the installation of such traffic control devices shall be in accordance with PennDOT regulations. If the enactment of an ordinance is necessary to effectuate the traffic regulations or the installation of the traffic control device, the applicant shall reimburse the Borough for all expenses in the preparation and enactment of the necessary ordinance.

No street or access drive shall be located in a manner which would limit access to or exiting from abutting properties gaining access from the existing street with which a proposed street or access drive will intersect, unless the developer provides such lots with alternate access from the proposed street system or internal circulation system of the proposed development in a manner acceptable to each affected lot owner. It shall be the burden of the applicant to demonstrate that such access is acceptable to all owners of an affected lot. For the purpose of this provision, limitation of access shall include the limitation of turning movements into or exiting the abutting property or properties gaining access from the existing street, whether by traffic regulations, installation of barriers to prevent turning movements, installation of additional traffic lanes in front of a property, or difficulties or delays resulting from increased traffic flows.

Where new intersections are being established to serve as access to the proposed development, these intersections must be designed to at least operate at Level of Service C or better.

For access points to the proposed development and any major intersections on abutting streets where traffic signal control may be required or is being proposed, a traffic signal warrant analysis shall be performed in accordance with the requirements of PennDOT Publication 201 or any future PennDOT regulations governing installation of traffic signals. A left-turn lane and/or a right-turn lane shall be provided by the developer if the traffic signal warrant analysis or any traffic signal permit issued by PennDOT requires such turning lane(s). The developer shall additionally provide an analysis to determine the type of signal phasing required. All costs associated with any traffic signal proposed by the developer shall be borne by the developer, and the Borough shall not execute any traffic signal permit application if the execution of the application will require the Borough to assume any costs whatsoever.

Emergency traffic signal preemption shall be addressed and provided as required by PennDOT regulations and as requested by emergency service providers.

Additional left and right turning lanes shall be provided to address the existing roadway site conditions and access to the proposed development at the cost of the developer where the traffic study indicates that such turning lanes are necessary or desirable for safe and convenient access into the site or exiting the site on to the abutting roadway or for the functioning of the intersection of an existing street and proposed street or access drive.

An agreement between the Borough and the developer shall be provided with regard to operating expenses and maintenance of proposed traffic signals.

Additional through lanes and lane transitions of sufficient length shall be provided along all abutting streets to allow smooth traffic flow from the proposed streets and/or access drives to existing traffic lanes, thus minimizing congestion, delays and or blockage of through traffic within the proposed improvement area. The design and length should be justified and supported by the queuing analysis required as part of the traffic study.

Sidewalks shall be provided along the property frontage and within the development.

§ 613 Sanitary Sewage and Water Supply.

[Ord. 663, 6/20/1985, § 613; as amended by Ord. 829, 11/15/2001; and by Ord. 897, 7/17/2008]

Sanitary Sewage Disposal. The applicant shall provide publicly owned sanitary sewage disposal to each lot consistent with the Borough of Elizabethtown Sewer Connection Ordinance, No. 683, as amended.

When the Borough Council, in accordance with the Pennsylvania Sewage Facilities Act, Act 537, as amended, determines the necessity for a sewer facilities plan revision (plan revision module for land development), or supplement, the Council shall require that notice of approval from the Pennsylvania Department of Environmental Protection be submitted as a condition of final plan approval.

Water Supply. The applicant shall provide publicly owned water supply to each lot consistent with Chapter 26, Water, and with the regulations, requirements, and design standards of EAWA. The applicant shall provide evidence that EAWA has approved any water system extension and that the applicant has provided EAWA financial security to secure the completion of any water system extension.

Wherever a public water supply system is provided, fire hydrants shall be installed within 600 feet of all existing and proposed structures, measured by way of accessible streets, as specified by the Middle Department Association of Fire Underwriters and the local fire company.

§ 614 Street Names and Street Signs.

[Ord. 663, 6/20/1985, § 614]

Proposed streets which are in alignment with others already existing and named shall bear the name of the existing street.

In no case shall the name of a proposed street duplicate an existing street name in the Borough, or in the postal district, irrespective of the use of the suffix "street," "road," "avenue," "boulevard," "court" and the like.

All street names shall be subject to the approval of Borough Council.

Street signs shall be provided at the intersection of all streets by the applicant. The type, height and design shall be approved by the Borough Council.

§ 615 Street Lights.

[Ord. 663, 6/20/1985, § 615]

Street lights shall be provided with the construction of all new streets. A plan for street lights, approved by the local utility company, shall be provided by the applicant upon submission of final subdivision or land development plans.

Street lights shall be provided at locations designated by the local utility company, consistent with current policy, at all street intersections and all other locations considered necessary for safety reasons as approved by Borough Council.

§ 616 Dedication of Park and Recreation Land.

[Ord. 863, 10/20/2005, § 1]

All residential subdivisions and land developments shall be provided with park and recreation land which shall be dedicated to the Borough. The developer may request that the Borough not require the dedication of land, and any such request shall be accompanied by an offer to pay a fee in lieu of dedication of the land, computed in accordance with the regulations provided herein, an offer to construct recreational facilities and/or an offer to privately reserve land for park or recreation purposes. All offers or dedication, payment of fees in lieu of dedication, construction of recreational facilities, and offers to privately reserve land shall comply with all of the following criteria:

The land reserved for park, recreation and open-space usage shall be a single lot which shall comply with the requirements of this Chapter relating to the length to depth ratios and which shall be accessible to the public. No more than 15% of the minimum lot size calculated in this Section shall consist of floodplain, wetlands, or other features which shall render the land undevelopable. Areas of floodplain, wetlands, or other features which shall render the land undevelopable may be included within the open space lot if such land is above the minimum area required. No stormwater management facilities designed to retain or detain water from other portions of the development shall be permitted on such land reserved for park, recreation and open space usage.

A minimum of 0.25 acre of land shall be reserved as park or recreational land for each residential lot created in a subdivision or each dwelling unit created in a land development. Notwithstanding the foregoing, in all cases the minimum area of land reserved as park and recreation land shall be equal to the minimum lot size in the district in which the subdivision or land development is located.

The developer may request that Council permit the provision of park and recreation land other than through public dedication of land as set forth above. The developer shall set forth, in writing, the means by which he will fulfill this requirement which may include the payment of a fee in lieu of dedication of all or a portion of the amount of land required to be dedicated, construction of recreational facilities, the private reservation of land, or any combination of dedication, fees, construction of recreational facilities, or private reservation.

When so requested by the developer, the Borough may accept a fee in lieu of dedication because size, shape, location, access, topography or other physical features render it impractical for the developer to dedicate land for recreational areas as required by this Section. Such fee in lieu of payments shall be payable to the Borough prior to the recording of each final phase of the plan, based on each phase's percentage of the total number of dwelling units.

(1)

If the developer proposes a fee in lieu of dedication, said fee shall be computed and paid in accordance with policies adopted by Council. The amount of a fee in lieu payment shall be fair market value of the land required to be dedicated under § 616(B) above. The developer shall provide the Borough with all information necessary to determine fair market value of the land, including, but not limited to, a copy of the agreement of sale or real estate transfer tax affidavit of value if the developer is equitable owner or has purchased the land within the past two years or an appraisal of the property by an MAI appraiser acceptable to the Borough. Fair market value shall be computed by dividing the total price of the tract by the number of acres within the tract and then multiplying that number by the amount of land required to be dedicated. At the option of the developer, the developer may elect to pay the per lot or dwelling unit fee in lieu of dedication established by resolution of Council.

(2)

Any developer who feels aggrieved by the price established by the Borough shall have the right to secure a second appraisal of the property by an MAI appraiser acceptable to the Borough. The two prices shall be averaged, with the result being the amount owed being what the developer shall be required to pay.

(3)

Fee in Lieu Funds Disposition. Monies received from developers shall be placed in a capital reserve fund. Fees received from developers shall be administered and expended as required and authorized by the MPC.

If the developer proposes to construct recreational facilities, the developer shall present a sketch plan of such facilities and an estimate of the cost of construction.

If the developer proposes the private reservation of land, the developer shall provide for the maintenance of such land through either the inclusion of such land as common elements of a condominium or the creation of a home-owners' association. Such documentation shall be recorded, shall provide that the land cannot be further developed and shall give the Borough the rights to maintain the land as set forth in MPC Article VII dealing with the maintenance of common open space in planned residential developments. Notwithstanding the foregoing, the developer may request that the Borough approve transfer of the land to an organization dedicated to the conservation of natural resources with deed restrictions preventing further development acceptable to the Borough Solicitor.

The developer shall enter into an agreement with the Borough setting for the fees to be paid, the facilities to be constructed or the land to be privately reserved and the method of its maintenance. All such agreements shall be in a form satisfactory to the Borough Solicitor.

§ 617 Emergency Access Requirements.

[Ord. 897, 7/17/2008]

All subdivisions or land developments containing 50 or more dwelling units or nonresidential buildings containing 20,000 or greater square feet of gross floor area shall be provided with at least two separate and distinct means of access for the subdivision or land development.

Access may be provided through the location of two or more public or private streets, each of which intersects with an existing public street. Such public or private streets shall meet all the requirements of this Chapter concerning design and construction.

Access for a land development may be provided through two or more driveways into the land development. Such driveways shall be separated by a distance of at least 150 feet and shall comply with all requirements of this Chapter.

If the applicant is unable to provide access to the subdivision or land development through two or more public or private streets, each of which intersects with an existing public street, or two or more driveways which intersect with one or more existing public streets, an emergency access shall be provided.

(1)

The emergency access shall be improved so that emergency vehicles may safely transverse it and shall be indicated on the plans.

(2)

The emergency access shall be accessible to the providers of emergency services within the Borough. Applicants proposing to provide emergency access shall submit evidence of such approval.

(3)

The emergency access may be located so that access to the subdivision or land development is gained from a public street at a location unsuitable for regular access with an existing public street.

(4)

The emergency access may be located so that access is gained from an adjacent tract. For example, a subdivision or land development adjoining a parking lot of another use may provide emergency access through a point with a break chain. Applicants with plans indicating emergency access through an adjoining private tract shall provide evidence that the adjoining property owner has consented to such emergency access location.