In addition to the standards in this Article VI, residential subdivisions and land developments shall be designed in accord with the applicable requirements of Chapter 400, Zoning.
A. 
Application. The standards and requirements contained in this article shall apply to all subdivisions and land developments and are intended as the minimum for the preservation of the environment and promotion of the public health, safety and general welfare and shall be applied as such by the Borough Planning Commission in reviewing and evaluating plans for all proposed subdivisions and/or land developments. Compliance with all standards shall be documented by the applicant at the time of preliminary plan application.
(1) 
Planning. The development shall conform to the proposals and conditions shown in the Borough Comprehensive Plan and any local or regional plans adopted by the municipality to which this chapter applies. The streets, drainage, rights-of-way, school sites, public parks and playgrounds shown on the officially adopted Comprehensive Plan or Official Map shall be considered in the approval of all plans. In the case of major subdivisions and land developments, the applicant shall submit a narrative detailing how the development conforms to any applicable plan.
(2) 
Contiguous lands. Where the owner of the site under consideration owns contiguous land suitable for development, the subdivision plan shall cover all such contiguous lands. This provision, however, may be waived in full, or in part, by the Borough if it is not considered essential to the evaluation of the plans for the current development tract; provided, however, that the developer shall be required to submit not less than a prospective street layout and a topographic map of the contiguous lands at a scale of one inch equals 200 feet regardless of any such waiver.
(3) 
Improvements, specifications. Additional improvements or improvements of more stringent specifications may be required in specific cases where, in the opinion of the Borough, such specifications are necessary to create conditions essential to the health, safety and general welfare of the citizens of the Borough and/or to protect the environment of the Borough.
(4) 
Hazard areas. Those areas which may present such hazards to life, health or property as may arise from fire, flood or noise or are considered to be uninhabitable for other reasons shall not be subdivided for building purposes unless the hazards have been eliminated or the plans show adequate safeguards against the hazards. Sources for determining and evaluating potential hazards may include historical records, soil evaluations, engineering studies, expert opinions, standards used by licensed insurance companies and adopted regional, county or local municipal policies.
(5) 
Development design, neighboring development. All portions of a tract being subdivided shall be taken up in lots, streets, open lands, or other proposed uses, so that remnants and landlocked areas shall not be created. The layout of a subdivision shall also be planned with consideration for existing nearby developments or neighborhoods so that they are coordinated in terms of interconnection of open space, traffic movement, drainage and other reasonable considerations.
(6) 
Natural features. Care shall be taken to preserve natural features, such as agricultural land, woodland and specimen trees, wetlands, watercourses and views, and historical features, such as buildings and stone walls, which will maintain the attractiveness and value of the land. Damming, filling, relocating or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with the approval of the Borough and, where appropriate, the local municipality, the Pennsylvania Department of Environmental Protection and the United States Army Corps of Engineers.
(a) 
Groundwater resources. This section is intended to ensure that the Borough's limited groundwater resources are protected for purposes of providing water supplies for its residents and businesses and to protect the base flow of surface waters. These regulations shall be applied in conjunction with those provided for in other sections of this chapter dealing with groundwater conservation and replenishment. The proposed subdivision and land development of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table, through careful planning of vegetation and land disturbance activities, the use of bioretention areas and infiltration trenches, and the placement of streets, buildings and other impervious surfaces in locations other than those identified on the existing resources and site analysis plan as having the greatest permeability where precipitation is most likely to infiltrate and recharge the groundwater.
(b) 
Stream valleys, swales, springs and other lowland areas. Stream valleys (which include stream channels and floodplains), swales, springs and other lowland areas are resources that warrant restrictive land use controls because of flooding hazards to human life and property, groundwater recharge functions, importance to water quality and the health of aquatic communities and wildlife habitats. Such areas are generally poorly suited for on-site subsurface sewage disposal systems. The following activities shall be minimized:
[1] 
Disturbance to streams and drainage swales.
[2] 
Disturbance to year-round wetlands, areas with seasonally high water tables, and areas of surface water concentration.
[3] 
Because of extreme limitations, stream valleys, swales and other lowland areas warrant designation as conservation open space. They may also require adjoining buffer lands to be included in the conservation open space, to be determined by an analysis of the protection requirements of such areas on a case-by-case basis. In certain instances, seasonal high water table soils may be excluded from the conservation open space where it can be demonstrated that they are suitable for low-density residential uses and on-site sewage systems.
(c) 
Woodlands. Woodlands occur extensively throughout the Borough, often in association with stream valleys and wet areas, poor and erodible agricultural soils, and moderate to steep slopes.
[1] 
Woodland conditions within the Borough vary with respect to species composition, age, stocking and health. They range from relatively recent post-agricultural young stands to mature mixed-age forests. Most woodlands in the Borough represent one or more of the following resource values:
[a] 
As soil stabilizers, particularly on moderate to steep slopes, thereby controlling erosion into nearby streams, ponds, impoundments and roads. A closely related function is their enhancement of groundwater recharge.
[b] 
As a means of ameliorating harsh micro-climatic conditions in both summer and winter.
[c] 
As a source of wood products, i.e., poles, saw timber, veneer and firewood.
[d] 
As habitats for woodland birds, mammals and other wildlife.
[e] 
As recreation resources for walkers, equestrians, picnickers and other related outdoor activities.
[f] 
As visual buffers between areas of development and adjacent roads and properties.
[2] 
Because of their resource values, all woodlands on any tract proposed for subdivision or land development shall be evaluated by the applicant to determine the extent to which such woodlands should be designated partly or entirely as open lands or development lands. Evaluation criteria shall include:
[a] 
Configuration and size.
[b] 
Present conditions, i.e., stocking, health and species composition.
[c] 
Site potential, i.e., the site's capabilities to support woodlands, based upon its topographic, soil and hydrologic characteristics.
[d] 
Ecological functions: i.e., in protecting steep slopes, erodible soils, maintaining stream quality and providing for wildlife habitats.
[e] 
Relationship to woodlands on adjoining and nearby properties and the potential for maintaining continuous woodland areas.
(d) 
Slopes. Moderately sloping lands (15% to 25%) and steeply sloping lands (over 25%) are prone to severe erosion if disturbed. Erosion and the resulting overland flow of soil sediments into streams, ponds and public roads are detrimental to water quality and aquatic life and a potential hazard to public safety. Areas of steep slope shall be governed by § 400-31 of Chapter 400, Zoning and the following:
[1] 
All grading and earthmoving on slopes exceeding 15% shall be minimized.
[2] 
No site disturbance shall be allowed on slopes exceeding 25%, except grading for a portion of a driveway accessing a single-family dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25% is feasible.
[3] 
Roads and driveways shall follow the line of existing topography to minimize the required cut and fill. Finished slopes of all cuts and fills shall be as required to minimize disturbance of natural grades.
(e) 
Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance exist throughout the Borough. Some of these have been carefully documented, e.g., by the Statewide Natural Diversity Inventory, whereas for others only the general locations are known. Subdivision applicants shall take all reasonable measures to protect significant natural areas and features either identified by the Borough's Map of Potential Conservation Lands or by the applicant's existing resources and site analysis plan by incorporating them into proposed conservation open space areas or avoiding their disturbance in areas proposed for development.
(7) 
Historic structures and sites. The Borough's documented historical resources begin with the Native Americans in the early 18th century and extend through its colonial agricultural, residential and industrial development in the late 18th and 19th centuries. Plans requiring subdivision and land development approval shall be designed to protect existing historic resources. The protection of an existing historic resource shall include the conservation of the landscape immediately associated with and significant to that resource to preserve its historic context. Where, in the opinion of the Commission, a plan will have an impact upon a historic resource, the developer shall mitigate that impact to the satisfaction of the Commission by modifying the design, relocating proposed lot lines, providing landscape buffers, or other approved means. Borough participation, review and approval of the applicant's interaction with the State Historical and Museum Commission with regard to the preservation of historic resources, as required for DEP approval of proposed sewage disposal systems, shall be required prior to preliminary plan approval.
(8) 
Boundary lines and reserve strips. Lot lines should follow municipal and county boundary lines, rather than cross them. Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are prohibited.
(9) 
Trails. When a subdivision or land development proposal is traversed by or abuts an existing trail customarily used by pedestrians and/or equestrians, the Borough may require the applicant to make provisions for continued recreational use of the trail.
(a) 
The applicant may alter the course of the trail within the tract for which development is proposed under the following conditions:
[1] 
The points at which the trail enters and exits the tract remain unchanged.
[2] 
The proposed alteration exhibits quality trail design according to generally accepted principles of landscape architecture. (For example: Bureau of State Parks' publication "Non-Motorized Trails.")
[3] 
The proposed alteration does not coincide with a paved road intended for use by motorized vehicles.
(b) 
When trails are intended for public or private use, they shall be protected by a permanent conservation easement on the properties on which they are located. The width of the protected area in which the trail is located should be a minimum of 10 feet. The language of the conservation easement shall be to the satisfaction of the Borough upon recommendation of the Borough Solicitor.
(c) 
The land area permanently designated for trails for public use may be credited toward the open land requirement of Chapter 400, Zoning.
(d) 
An applicant may propose and develop a new trail. If said trail is available for use by the general public and connects with an existing trail, the land area protected for said trail may be credited toward the open space requirement of Chapter 400, Zoning.
(e) 
Trail improvements shall demonstrate adherence to principles of quality trail design in accord with specifications approved by the Borough.
(f) 
Trails shall have a vertical clearance of no less than 10 feet.
(g) 
Width of the trail surface may vary depending upon type of use to be accommodated, but in no case shall be less than three feet or greater than six feet.
(h) 
No trail shall be designed with the intent to accommodate motorized vehicles.
(10) 
Water frontage and surface drainage. The damming, filling, relocating or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural watercourse shall not be permitted except with approval of the Borough and, where required by state statute, the Pennsylvania Department of Environmental Protection or other applicable state agencies.
(11) 
Community facilities and Comprehensive Plan requirements. Where a proposed park, playground, school or other public use is shown in the Borough Comprehensive Plan and is located in whole or in part in a proposed development, the Borough may require the reservation of such area, provided that such reservation is acceptable to the Borough and the developer.
(12) 
Walkways. Pedestrian interior walks may be required where necessary to assist circulation or provide access to community facilities (such as a school).
(13) 
Storm drainage. Lots and/or parcels shall be laid out and graded to provide positive drainage away from buildings and to prevent damage to neighboring lots, tracts or parcels. Where applicable, detention basins or other water retention methods may be required by the Borough.
B. 
Planned improvements. Physical improvements to the property being subdivided and/or developed shall be provided, constructed and installed as shown on the record plan.
C. 
Improvements specifications. All improvements installed by the developer shall be constructed in accordance with the design specifications and construction standards of the Borough and advice of the Borough Engineer.
(1) 
Where there are no applicable Borough specifications, improvements shall be constructed in accordance with specifications furnished by the Borough Engineer, Lackawanna County, Pennsylvania Department of Transportation, Pennsylvania Department of Environmental Protection, Bureau of Forestry or such other county, state or federal agency as may be applicable.
(2) 
If there are no applicable Borough or state regulations, the Borough Planning Commission may authorize that such specifications be prepared by the Borough Engineer or an engineering consultant.
D. 
Other ordinances. Whenever other Borough ordinances and/or regulations impose more restrictive standards and requirements than those contained herein, such other ordinances and/or regulations shall be observed, otherwise the standards and requirements of this chapter shall apply.
All preliminary plans for a conservation design development shall include documentation of a four-step design process in determining the layout of proposed conservation open space, house and development sites, streets and lot lines, as described below.
A. 
Resource inventory and analysis. The tract's resources shall be delineated on an existing resources and site analysis plan, as required in § 300-21D.
B. 
Four-step design process.
(1) 
Step 1: Delineation of Conservation Open Space.
(a) 
The minimum percentage and acreage of required conservation open space shall be calculated by the applicant and submitted as part of the sketch plan or preliminary plan in accord with the provisions of this chapter and § 400-19 of Chapter 400, Zoning. Conservation open space shall include all primary conservation areas and those parts of the remaining buildable lands with the highest resource significance, as described below and in § 300-37A and B.
(b) 
Proposed conservation open space shall be designated using the existing resources and site analysis plan as a base map and complying with § 400-19 of Chapter 400, Zoning and §§ 300-36 and 300-37, dealing with resource conservation and conservation open space delineation standards. The Borough's Map of Potential Conservation Lands shall also be referenced and considered. Primary conservation areas shall be delineated, comprising floodplains, wetlands and slopes over 25%.
(c) 
In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed conservation open space, in consultation with the Planning Commission and in accordance with § 300-37A and B.
300 Step 1 Part 1 ID Primary Conservation Areas.tif
Step 1, Part 1 - Identifying Primary Conservation Areas
300 Step 1 Part 2 ID Secondary Conservation Areas.tif
Step 1, Part 2 - Identifying Secondary Conservation Areas
300 Step 1 Part 3 ID Potential Dev Areas.tif
Step 1, Part 3 - Identifying Potential Development Areas
(d) 
On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resources areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area percentage requirements for conservation open space and in a manner clearly indicating their boundaries as well as the types of resources included within them.
(e) 
Development areas constitute the remaining lands of the tract outside of the designated open space areas.
(2) 
Step 2: Location of House Sites. Potential house sites shall be located, using the proposed conservation open space as a base map as well as other relevant data on the existing resources and site analysis plan such as topography and soils. House sites should generally be located not closer than 100 feet to primary conservation areas and 50 feet to secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.
300 Step 2 Locating Potential House Sites.tif
Step 2 - Locating Potential House Sites
(3) 
Step 3: Alignment of Streets and Trails.
(a) 
With house site locations identified, applicants shall delineate a street system to provide vehicular access to each house in a manner conforming to the tract's natural topography and providing for a safe pattern of circulation and ingress and egress to and from the tract.
(b) 
Streets shall avoid or at least minimize adverse impacts on the conservation open space areas. To the greatest extent practicable, wetland crossings and new streets or driveways traversing slopes over 15% shall be avoided.
(c) 
Street connections shall generally be encouraged to minimize the number of new culs-de-sac and to facilitate easy access to and from homes in different parts of the tract and on adjoining parcels.
(d) 
A tentative network of trails shall also be shown, connecting streets with various natural and cultural features in the conserved conservation open space. Potential trail connections to adjacent parcels shall also be shown in areas where a municipal trail network is envisioned.
300 Step 3 Aligning Streets and Trail Links.tif
Step 3 - Aligning Streets and Trail Links
(4) 
Step 4: Drawing in the Lot/Development Lines. Upon completion of the preceding three steps, boundaries are drawn as required to delineate the boundaries of individual lots or development areas, following the configuration of house sites and streets in a logical and flexible manner.
300 Step 4 Dwg in the Lot Dev Lines.tif
Step 4 - Drawing in the Lot/Development Lines
Conservation open space in conservation design subdivisions and developments shall be preserved in accord with § 300-33 of this chapter and Chapter 400, Zoning, and not less than 25% of the conservation open space shall be accessible to the residents of the subdivision or land development.
A. 
Prioritized list of resources to be conserved. The design of conservation open space in any subdivision or land development plan shall reflect the standards set forth in § 300-35, resources identified on the Map of Potential Conservation Lands and, to the fullest extent possible, incorporate any of the following resources if they occur on the tract (listed in order of significance):
(1) 
Stream channels, floodplains, wet soils, swales, springs and other lowland areas, including adjacent buffer areas which may be required to ensure their protection.
(2) 
Significant natural areas of species listed as endangered, threatened or of special concern, such as those listed in the Statewide Natural Diversity Inventory.
(3) 
Moderate to steep slopes, particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.
(4) 
Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.
(5) 
Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.
(6) 
Hedgerows, groups of trees, large individual trees of botanic significance, and other vegetational features representing the site's rural past.
(7) 
Class I, II and III agricultural soils as defined by the United States Department of Agriculture Natural Resources Conservation Service.
(8) 
Historic structures and sites.
(9) 
Visually prominent topographic features such as knolls, hilltops and ridges, and scenic viewsheds as seen from public roads (particularly those with historic features).
(10) 
Existing trails connecting the tract to other locations in the municipality.
B. 
Other design considerations. The configuration of proposed conservation open space set aside for common use in residential subdivisions and conservation open space in noncommon ownership shall comply with the following standards. Conservation open space shall:
(1) 
Be free of all structures except historic buildings, stone walls, and structures related to conservation open space uses. The governing body may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within the conservation open space, provided that such facilities would not be detrimental to the conservation open space (and that the acreage of lands required for such uses is not credited towards minimum conservation open space acreage requirements for the tract, unless the land they occupy is appropriate for passive recreational use).
(2) 
Generally not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.
(3) 
Be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe and convenient pedestrian access to conservation open space.
(4) 
Be suitable for active recreational uses to the extent deemed necessary by the governing body, without interfering with adjacent dwelling units, parking, driveways and roads.
(5) 
Be interconnected wherever possible to provide a continuous network of conservation open space within and adjoining the subdivision.
(6) 
Provide buffers to adjoining parks, preserves or other protected lands.
(7) 
Except in those cases where part of the conservation open space is located within private house lots, provide for pedestrian pathways for use by the residents of the subdivision. Provisions should be made for access to the conservation open space, as required for land management and emergency purposes.
(8) 
Be undivided by public or private streets, except where necessary for proper traffic circulation.
(9) 
Be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect conservation open space resources.
(10) 
Be made subject to such agreement with the Borough and such conservation easements duly recorded in the office of the County Recorder of Deeds as may be required by the Planning Commission for the purpose of preserving the common open space for such uses.
(11) 
Be consistent with the municipality's Comprehensive Plan.
A. 
Protection of vegetation from mechanical injury. Where earthwork, grading or construction activities will take place in or adjacent to woodlands, old fields or other significant vegetation or site features, the Planning Commission may require that the limit of disturbance be delineated and vegetation protected through installation of temporary fencing or other approved measures. Such fencing shall be installed prior to commencing of and shall be maintained throughout the period of construction activity.
B. 
Protection of vegetation from grading change. Grade changes to occur at any location of the property shall not result in an alteration to soil or drainage conditions which would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems.
C. 
Protection of vegetation from excavations. When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation shall be minimized. If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible.
D. 
Protection of topsoil.
(1) 
No topsoil shall be removed from the site. In the case of a nonresidential development, topsoil shall be retained on the site as necessary for proper site stabilization.
(2) 
Prior to grading operations or excavation, topsoil in the area to be disturbed shall be removed and stored on site.
(3) 
Topsoil removed shall be redistributed and stabilized as quickly as possible following the establishment of required grades for a project or project phase. All exposed earth surfaces shall be stabilized by hydroseeding on slopes of less than 10% and by sodding, hydroseeding, or riprap on slopes exceeding 10%.
(4) 
Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period from November 1 to April 1, when revegetation of exposed ground is difficult.
A. 
Configuration. The configuration of blocks and lots shall be based upon the lot area requirements, the salient natural features, open land requirements, the 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.
B. 
Blocks.
(1) 
Residential blocks shall have a maximum length to serve not more than 25 lots.
(2) 
Commercial blocks shall have a maximum length of 1,000 feet.
(3) 
Blocks shall be of sufficient width to permit two tiers of lots except where a public street, stream, other natural barrier or unsubdivided land prevents the platting of two tiers of lots.
(4) 
To facilitate pedestrian movement through the neighborhood, mid-block pedestrian connections shall be provided on blocks longer than 800 feet.
C. 
Lots.
(1) 
Lot sizes and dimensions shall comply with the requirements of Chapter 400, Zoning.
(2) 
Lots divided by municipal boundaries shall be avoided. Where a subdivision is divided by a municipal boundary, the applicant shall so notify the Planning Commission of each Borough affected so that an administrative agreement for the platting and taxing of lots between the Boroughs can be executed, if such agreement is necessary.
(3) 
All lots shall front on an approved street. Flag lots shall be permitted only by waiver/modification in accord with § 300-77 for flexibility of design, to accommodate odd-shaped tracts, and to minimize impacts on natural and historic resources.
(4) 
All side lines of lots shall be as near as possible at right angles to straight street lines and radial to curved street lines.
(5) 
In order to minimize the number of driveways or subdivision road accesses to a public road, access to the abutting public road shall be limited to one access per 500 feet of road frontage.
(6) 
Double frontage lots shall not be platted. Access to lots shall be restricted to the interior development streets, unless no other reasonable design alternative is possible.
(7) 
All lands in a subdivision shall be included in platted lots, roads, common areas and other improvements, and no remnants of land or reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands shall be permitted.
(8) 
Lots shall be laid out to the edge of any road, and lot lines along existing public or private roads shall be maintained as they exist.
(9) 
No corner lot shall have road frontage of less than 100 feet.
(10) 
All corner lots, if they are located at the intersection of the rights-of-way of two streets, shall have a curve with a minimum radius of 10 feet adjoining the intersecting road edge or right-of-way lines.
A. 
Applicability.
(1) 
Every subdivision and land development shall have access to a public road.
(2) 
In general, all streets shall be continuous and in alignment with existing streets and shall compose a convenient system to ensure circulation of vehicular and pedestrian traffic, with the exception that minor streets shall be laid out including the use of loop streets and culs-de-sac so that their use by through traffic will be discouraged.
(3) 
Roads shall be graded, improved and surfaced to the grades and specifications shown on the plans, profiles and cross sections as approved by the Borough.
(4) 
Proposed streets shall conform in all respects to the Borough Comprehensive Plan.
(5) 
Proposed streets shall further conform to such county and state highway plans as have been prepared, adopted and/or filed as prescribed by law and to the requirements of a general plan of the area as developed by the Borough.
B. 
Topography. Roads shall be logically related to topography to produce reasonable grades, minimize stormwater runoff and provide suitable building sites.
C. 
Existing access. Existing private roads or rights-of-way proposed to provide access to a subdivision and/or land development shall meet all the requirements of this § 300-40 or shall otherwise be improved to such standards.
D. 
Street continuation. Residential streets shall be planned to discourage through traffic; however, the arrangement of streets wherever possible shall provide for continuation of existing or platted streets and for adequate access to adjoining undeveloped tracts suitable for future subdivision by reserving rights-of-way to the adjoining undeveloped tracts.
E. 
Subdivision names and street names. Streets that are extensions of, or obviously in alignment with, existing streets shall bear the names of the existing streets. Subdivision and street names shall not be repeated or be similar to those existing within the Borough or adjacent areas, and all street names shall be subject to the approval of the Borough for conformance with the 911 emergency call system. Four-way street name signs of a design approved by the Borough shall be installed by the developer at his expense at each street intersection.
F. 
Further subdivision. If lots resulting from original subdivision are large enough to permit resubdivision, or if a portion of the tract is not subdivided, adequate street rights-of-way to permit further subdivision shall be provided as necessary. At least one right-of-way shall be reserved for each 1,600 feet of frontage on a public road or on a collector street within the subdivision in order to provide access to undeveloped land.
G. 
Cul-de-sac streets. Cul-de-sac streets shall be permitted only in cases where the property configuration does not permit the logical use of continuous streets, and the Borough shall have the right to deny the use of cul-de-sac streets in cases where the Borough determines that the use of continuous streets is practical. Cul-de-sac streets, where permitted, shall meet the following design regulations:
(1) 
Any temporary dead-end street, if designed to provide future access to adjoining properties, shall be provided with a temporary all-weather turn-around within the subdivision with a surfaced area with a radius equal to that required for a permanent turnaround, and the use of such turnaround shall be guaranteed to the public but shall be removed when the street is extended.
(2) 
Cul-de-sac streets, permanently designed as such, shall not serve more than 25 lots and shall not exceed a length of 800 feet.
(3) 
All cul-de-sac streets, whether permanently or temporarily designed as such, shall terminate in a turnaround. See illustrations.
300 Cul de Sac Turnarounds.tif
Cul-de-Sac Turnarounds
(a) 
In cases where the cul-de-sac serves more than 10 dwelling units and/or dedication to the Borough is proposed, one of the following turnarounds shall be provided:
[1] 
A circular turnaround or off-center circular turnaround having a right-of-way with a minimum outside radius of 40 feet and an outer pavement edge or curbline having a minimum radius of 30 feet and be improved to the required construction specifications.
[2] 
A circular turnaround with a center island having a right-of-way with a minimum outside radius of 55 feet and an outer pavement edge or curbline having a minimum radius of 45 feet, and a pavement width of 20 feet, improved to the required construction specifications. The center island shall be landscaped with low-maintenance vegetation.
(b) 
In cases where the turnaround serves 10 or less dwelling units and the street will remain private, the turnaround may be T- or Y-shaped, with a length of 60 feet and a width of 20 feet improved to the required construction specifications.
(4) 
The turnaround right-of-way of the cul-de-sac shall be connected to the approach right-of-way by an arc having a radius of not less than 25 feet and to the pavement by an arc of not less than 30 feet.
(5) 
When the Planning Commission determines that a cul-de-sac street may be required to be converted to a through street to provide access to adjoining property, a right-of-way equal to the width of the cul-de-sac street shall be provided to the perimeter boundary of the development parcel.
(6) 
As an alternative to a cul-de-sac street, the Borough may permit a one-way loop lane with a midway length not to exceed 800 feet and with a center median not less than 50 feet in width.
H. 
Private access streets. Private access streets may be used to provide access to residential lots which do not front on a public or approved private road in accord with the following:
(1) 
The private access street serves no more than three lots, including that lot fronting on the abutting street, and shall not exceed 1,000 feet in length. Any subdivision proposing a road exceeding these limits shall be considered a major subdivision, and all applicable standards shall apply to the lots and road construction.
(2) 
Private access.
(a) 
The private access street shall conform to the following: (See also Table VI-1 and Table VI-2.)
[1] 
Minimum total right-of-way width: 25 feet.
[2] 
Minimum travelway: 16 feet.
(b) 
The width of the private access street shall be excluded from the lot dimension for purposes of conformance to lot width and lot depth requirements.
(3) 
A private access street may be used only to provide access to not more than three lots that cannot legally be further subdivided or improved with more than one dwelling unit, except in full accord with Borough requirements.
(4) 
If there is a potential for resubdivision of any of the lots created, such that eventually more than three lots might result, the applicant shall provide additional street width as necessary to serve the maximum potential number of lots. Cartway and travelway widths may remain the same until such time as additional lots are platted, when all development and road standards applicable to a major subdivision shall apply.
(5) 
The private access street and entrances or aprons within the adjoining street right-of-way shall be installed or guaranteed by the developer and/or applicant as required in this chapter prior to final approval of the plan. The private access street and associated improvements shall not under any circumstances be offered to the Borough as a municipal road. The applicant shall agree to the terms of this § 300-40H in writing, and a covenant shall be placed on the final plan and the deed of conveyance, clearly assigning responsibility for construction and maintenance of the private access street and establishing its future private ownership status.
(6) 
A leveling area not exceeding 4% in grade and not less than 40 feet in length shall be provided where the private access street intersects with the right-of-way of the adjoining road.
(7) 
The tangent grade of the through street at the point of intersection of the center lines of the two streets shall not exceed 8% for the private access street intersection, and all other intersections shall comply with the grades as required on Table VI-1. Crest and sag vertical curves shall be provided in accordance with § 300-40O.
I. 
Intersections.
(1) 
Center lines of streets shall intersect as nearly at right angles as possible.
(a) 
Any center-line angle of less than 80° shall be allowed only upon grant of a waiver by the Borough, based upon a written request by the developer.
(b) 
Center-line angles of less than 60° shall not be approved under any condition.
(2) 
Intersections of more than two streets at one point are not permitted.
(3) 
Where streets intersect other streets, the minimum offset or distance between center lines of parallel or approximately parallel streets intersecting a cross street from opposite directions shall be as follows:
(a) 
Minor streets: 150 feet
(b) 
Collector streets: 400 feet.
(4) 
The cartway edge at intersections shall be rounded by a tangential arc with a minimum radius of 20 feet for minor streets or streets of lesser classification and 50 feet for collector streets and Borough or state roads.
J. 
Major street frontage. Where a subdivision and/or land development abuts or contains an existing or proposed collector street or Borough or state road, the Borough may require access from interior subdivision streets or such other treatment as will provide protection for abutting properties, reduction in number of intersections with the collector or public street and separation of local and through traffic.
K. 
Street right-of-way, travelway, shoulder widths, and cross sections. Street right-of-way, travelway and shoulder widths shall be provided to the minimum standards provided in Table VI-1 and Table VI-2.
(1) 
Shoulder surfaces shall be graded at a slope of 1/2 inch per foot away from the pavement edge.
(2) 
The finished paved travelway surface of tangent sections and curve sections not required to be superelevated shall be crowned at 1/4 inch per foot away from the center line.
(3) 
Properly superelevated cross sections shall be required on collector streets when the curve radii are less than 1,500 feet. The maximum permissible superelevation shall be 0.08 feet per foot.
Table VI-1
Design Standards for Streets
Design Specification
Collector[f]
Minor
Country Lane[h]
Private Access[g], [h]
Number of dwelling units served
> 200
26 to 200
25 or less
3 or less
Cross-Section Standards
Street right-of-way width (feet)[a]
50
50
50
25
Additional road width[a]
As required for drainage, slope and utility easements
Cartway width (feet)
28
22
20
NA
Travelway width (feet)
20
18
16
12
Shoulder width, each - cut or fill (feet)[i]
4
2
2
NA
Shoulder slope (inches per foot)
0.5
NA
Crown (inches per foot)
0.25
Superelevation, maximum (feet per foot)
0.08
Geometric Standards
Maximum grade (%)
7[c], [e]
12[d], [e]
12[d], [e]
14
Minimum center line radius for horizontal curves (feet)[b]
200
150
100
75
Minimum horizontal and vertical sight distance (feet)
300
200
150
100
Minimum tangents between curves (feet)
100
50
NA
NA
Vertical curves
See § 300-40O
Notes:
[a]
Right-of-way width does not include slope, drainage or utility easements. Additional road width and cartway widths may be required by the Borough to provide for additional construction requirements such as cuts, fills and embankment areas, or to lessen traffic congestion; to secure safety from fire, panic or other dangers; to facilitate the adequate provision for transportation and other public requirements and to promote the general welfare. In cases where topography or other physical conditions make a street required width impractical, the Borough may modify the above requirements.
[b]
Larger radii may be required as determined by alignment to provide required sight distances.
[c]
10% for up to 500 feet in distance.
[d]
14% for up to 500 feet in distance.
[e]
The maximum grades in [c] and [d] above may be repeated if separated by distances of 500 feet meeting the standard grade requirements for the class of road.
[f]
Collector standards apply to all commercial and industrial subdivisions and land developments.
[g]
See also § 300-40H.
[h]
Curbs not permitted.
[i]
If curbs are provided, shoulders shall not be provided.
300 Table VI 2 Typ Street Cross Sect.tif
Typical Street Cross Section
Table VI-2
RESIDENTIAL SUBDIVISIONS AND LAND DEVELOPMENTS
Travelway Cross Section
Minimum Depth
(inches)
Road Classification
Course
Material*
Collector
Minor
Country Lane
Private Access***
Surface
2A coarse aggregate**
NA
NA
NA
6
Bituminous surface
ID-2 wearing
1.5
1.5
1.5
NA
Bituminous base
Bituminous concrete base course (BCBC)
4.5
4.5
4.5
NA
Subbase
Subbase (No. 2A)
4
4
4
4
Aggregate base
AASHTO No. 1 coarse aggregate with No. 10 choke
12
12
12
6
Shoulders
2A coarse aggregate**
6
6
6
NA
COMMERCIAL AND INDUSTRIAL SUBDIVISIONS AND LAND DEVELOPMENTS
Travelway Cross Section
Course
Material*
Minimum Depth
(inches)
Bituminous surface
ID-2 wearing
1.5
Bituminous base
Bituminous concrete base course (BCBC)
4.5
Subbase
Subbase (No. 2A)
6
Aggregate base
AASHTO No. 1 coarse aggregate with No. 10 choke
8
Shoulders
2A coarse aggregate**
6
NOTES:
*
All material shall meet PennDOT specifications, Publication 408, latest edition.
**
2A coarse aggregate = Coarse aggregate treated with PennDOT-approved oil for dust control at the application rate specified by PennDOT.
***
Not eligible for dedication.
L. 
Easements. Easements for utilities shall be provided and shall conform in width and alignment to the recommendations of the appropriate utility company. Easements shall also be provided for all stormwater drainage ditches, sewers and watercourses. All easements shall be shown on the preliminary and final plan, and the Borough or its agents shall have the right to enforce the restrictive easements relative to the water supply and sewage disposal in the event that the developer and/or lot owners fail or are unable to do so. The Borough shall further have free access to all developments and lots at all times for the purpose of inspection and enforcement.
(1) 
Access easements.
(a) 
Access easements shall be shown and labeled on the plans to indicate the purpose, easement users and the rights of said users.
(b) 
No access easement shall be a part of any lot, but shall be a separate area designed with the express purpose of access to a particular site or facility. (Example: An access to a well lot would be part of the well lot and not a right-of-way across the adjoining building lot.)
(c) 
Ownership and maintenance responsibility shall be noted on the plan for each easement.
(2) 
Utility easements.
(a) 
Utility easements shall be a minimum of 10 feet in width and shall be provided along all street rights-of-way in addition to the required street width.
(b) 
All existing and proposed utility easements shall be shown and labeled on the plan and included in the restrictive covenants as appropriate.
(c) 
Existing and proposed utility easements shall be included in lot sizes unless otherwise restricted by the utility.
M. 
Street alignment. Street alignment shall be designed as follows:
(1) 
Whenever street lines are deflected in excess of 7 1/2 degrees, connection shall be made by horizontal curves.
(2) 
Streets shall be designed so that there will be unobstructed sight distances along the center line thereof as set forth in Table VI-1.
(a) 
Stopping site distance. Stopping sight distance is the length of highway over which an object is visible to the driver at all times. For the purpose of measuring the available stopping sight distance at a particular location, the driver's eye height is assumed to be 3.5 feet above the roadway surface, and the object height is assumed to be six inches above the roadway surface.
(b) 
Corner site distance. Corner site distance refers to the maximum length of highway along which a driver stopped at an intersection or driveway can continuously see another vehicle approaching on another roadway or driveway. For the purpose of measuring the available corner sight distance, the height of both the driver's eye and the approaching vehicle should be assumed to be 3.5 feet above the roadway surface. In addition, the driver's eye should be assumed to be 10 feet from the near edge of the intersecting roadway or driveway or the near edge of the closest travel lane in the event there is parking permitted on the intersecting roadway or driveway.
(3) 
Between reverse curves the following minimum tangents shall be provided:
(a) 
On collector streets: 200 feet.
(b) 
On minor streets: 100 feet.
(c) 
On country lanes: 50 feet.
N. 
Street grades. Street grades shall be designed as follows:
(1) 
Center-line grades shall not exceed the grades set forth in Table VI-1.
(2) 
The maximum grade across the turnaround on a dead-end street shall not exceed 4%.
(3) 
To provide for adequate drainage, the minimum grade of any street gutter shall not be less than 1%.
(4) 
To provide for adequate drainage, the minimum grade of any parallel ditch along a street shall be not less than 1%.
(5) 
A leveling area for all street intersections shall be provided as follows:
(a) 
The tangent grade of the through street at the point of intersection of the center lines of the two streets shall not exceed 8% for minor street or private access street intersections, and all other intersections shall comply with the grades as required on Table VI-1. Crest and sag vertical curves shall be provided in accordance with § 300-40O.
(b) 
The tangent grade of the connecting street(s) shall not exceed 4% within 25 feet of the right-of-way lines of the through street. Crest and sag vertical curves shall be provided in accordance with § 300-40O. The point of vertical curvature or tangency shall not be within the through street right-of-way.
O. 
Vertical curves. Vertical curves shall be used at changes of grade exceeding 4% and shall be designed as follows:
(1) 
Crest vertical curves shall be designed in relation to the road classification to provide vertical sight distance consistent with the horizontal sight distances as set forth in Table VI-1.
(2) 
On minor streets, sag vertical curves shall have a minimum length of 15 feet for each 1% algebraic difference in tangent grade with an absolute minimum length of 75 feet. (Example: 5% = 75 foot vertical curve; 5.1% to 6% = 90 foot vertical curve, etc.)
(3) 
Except on minor streets, sag vertical curves shall have a minimum length of 25 feet for each 1% algebraic difference in tangent grade with an absolute minimum length of 100 feet. (Example: 4% = 100 foot vertical curve; 4.1% to 5% = 125 foot vertical curve, etc.)
(4) 
The following vertical curve information should be shown on the plans:
(a) 
Length of vertical curve.
(b) 
Elevation and stationing of the VPI, VPC, VPT and MO.
P. 
Clear sight triangles. At all intersections, a triangular area shall be graded and/or other sight obstructions removed in such a manner as not to obscure vision between a height of from two to 10 feet above the center-line grades of the intersecting streets.
(1) 
The clear sight triangle shall be guaranteed either by deed restriction, by lease restriction or by plan reference, whichever method is applicable. Vegetation shall not be planted or allowed to grow in such a manner as to obscure said vision.
(2) 
Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting the two points, one point at each street center line:
(a) 
One hundred seventy-five feet from the intersection of such street center lines, if either street is a state or Borough road.
(b) 
One hundred twenty-five feet from the intersection of such street center lines, if either street is a collector street.
(c) 
Eighty-five feet from the intersection of such street center lines, if both streets are minor streets.
(d) 
Whenever a portion of the line of such triangle occurs behind (from the street) the building setback line, such portion shall be shown on the final plan of the subdivision and shall be considered a building setback line.
Q. 
Residential driveways. This § 300-40Q shall apply to lots in subdivisions approved after the effective date of this chapter. Driveways proposed for preexisting lots and nonresidential driveways shall be governed by other applicable Borough and state requirements. Residential driveways shall comply with the following standards:
(1) 
Driveways shall not be permitted to have direct access to public streets unless authorized by the Borough or the Pennsylvania Department of Transportation, as applicable, via issuance of a highway occupancy permit.
(2) 
Lots shall not be platted which would result in driveways which would exceed 16% in grade or as otherwise required by state or Borough regulations.
(3) 
Entrances shall be rounded at a minimum radius of five feet or shall have a flare construction that is equivalent to this radius at the point of intersection with the cartway edge.
(4) 
Future driveways which are to be constructed adjacent to a street intersection shall be shown on the preliminary and final plans.
(5) 
The minimum distance between a driveway or point of access and the nearest intersecting street shall be as follows:
Distance between Center Line of Driveway and Center Line of Nearest Intersecting Road by Type of Intersecting Road
Type of Subdivision or Land Development
Borough or State
Collector
Minor, Country Lane and Private Access
Residential
100 feet
75 feet
40 feet
(a) 
The nearest intersecting street shall be construed as being on the same or the opposite side of the street on which the lot is located.
(6) 
A leveling area not exceeding 4% in grade and not less than 25 feet in length shall be provided where a driveway intersects with the right-of-way of the adjoining road.
(7) 
Adequate provision shall be made for parallel drainage facilities.
R. 
Bridges and stream crossings. Bridges and other stream crossing structures which are part of the proposed street system shall be designed and constructed in accordance with the current Pennsylvania Department of Transportation Standards and Specifications for H-20 loading. Copies of required DEP permits and evidence of compliance with any other state or federal requirements shall be provided. At a minimum, the width of the bridge or stream crossing shall be equal to the travelway width of the roadway carried by the bridge or stream crossing.
S. 
Clearing and grubbing. The right-of-way for all collector, minor and private access street roads shall be cleared and grubbed only to the extent necessary to provide the required road cartway, cuts and fills, and associated drainage facilities.
(1) 
All trees, stumps, roots and other material deemed unsuitable by the Borough shall be removed from the grading area.
(2) 
Voids created by the removal of stumps or roots shall be backfilled and compacted to the satisfaction of the Borough.
(3) 
Rocks greater than 12 inches in diameter shall be removed to a minimum depth of six inches below the finish subgrade.
(4) 
All cleared and grubbed areas shall be inspected and approved by the Borough prior to the cut and fill operations.
T. 
Cuts and fills. All cuts and fills shall be constructed as follows:
(1) 
The maximum slope of any earth embankment or excavation shall not exceed one foot vertical to two feet horizontal unless stabilized by a retaining wall or cribbing, except as approved by the Planning Commission for special conditions.
(2) 
The maximum slope of any rock excavation shall not exceed four feet vertical to one foot horizontal.
(3) 
All excavations and embankments shall have a slope to the point of intersection with the natural grade with a rounding of the top of the slope of excavations to prevent erosion.
(4) 
All embankments shall be compacted to the satisfaction of the Borough.
(5) 
Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.
(6) 
Cuts and fills shall not endanger adjoining property.
(7) 
Fills shall be placed in lifts and compacted in accord with specifications of PennDOT Publication 408, latest edition, to minimize sliding or erosion of the soil.
(8) 
Fills shall not encroach on natural watercourses or constructed channels, and fills placed adjacent to such natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.
(9) 
Grading shall be done in a manner so as not to divert water onto the property of another landowner without the written consent of the landowner and the Planning Commission.
(10) 
During grading operations, necessary measures for dust control shall be exercised.
(11) 
Grading equipment shall not be allowed to cross streams, and adequate provisions shall be made for the installation of culverts and bridges.
U. 
Subgrade, base and surface.
(1) 
Subgrade.
(a) 
The design and construction of the roadbed shall take into consideration the supporting capacities of the subgrade, with particular attention to those soils which are subject to frost heave.
(b) 
Subgrade, parallel and cross drainage facilities shall be provided when necessary and shall be located, designed and installed to maintain proper drainage.
(c) 
Unsuitable soils, as identified by the project engineer and confirmed by the Borough Engineer, shall be removed and replaced, drained or otherwise stabilized to provide adequate support for the roadbed and anticipated loads. If construction of a roadbed in such locations and particularly on soils identified in the county soil survey as subject to frost heave is proposed, the Borough shall require such drainage facilities and/or underdrains and subgrade drains as necessary to stabilize the subgrade. The design of such facilities shall be approved by the Borough.
(2) 
Subbase and base course. Subbase and base course aggregate material shall conform in type and be compacted to the depths shown in Table VI-2 of this chapter in accordance with the latest specifications of the Pennsylvania Department of Transportation (Form 408) and the requirements of the Borough.
(3) 
Surface course. The bituminous surface course shall conform in type and be compacted to the depths shown in Table VI-2 of this chapter in accordance with the latest specifications of the Pennsylvania Department of Transportation (Form 408) and the requirements of the Borough.
(4) 
Shoulders. Shoulders shall be constructed of the material and compacted to the width and depth shown in Table VI-2 of this chapter.
V. 
Walls, slopes, and guide rails.
(1) 
Where the grade of the street is above or below the grade of the adjacent land, walls or slopes shall be constructed in a manner satisfactory to the Borough to support the street or the adjacent land, as the case may be.
(2) 
Guide rails shall be installed at points where a road or required parking area will be constructed three feet or more above existing grade or as otherwise determined by the Borough's Engineer in accord with PennDOT standards.
W. 
Curbs and gutters.
(1) 
Curbs shall ordinarily be required if such construction is deemed necessary by the Borough for public safety, as follows
(a) 
In commercial developments, multifamily developments, or other similar intensive developments:
(b) 
Where necessary for proper drainage.
(c) 
To provide protection from traffic where sidewalks are provided.
(2) 
Minimum curb or pavement edge radii at street intersections shall be 30 feet.
(3) 
Where curbs exist on abutting properties, their extension will ordinarily be required throughout the proposed subdivision.
(4) 
Where curbs are not required, adequate gutters shall be graded and protected by seeding or appropriate surfacing.
(5) 
Curbs shall be constructed in accord with the requirements for RC 64, Curbs and Gutters, in the most current edition of PennDOT publication "Standards for Roadway Construction."
X. 
Sidewalks.
(1) 
Sidewalks may be required where necessary to provide proper pedestrian circulation or to provide access to community facilities and common areas. Sidewalks, where required or provided, shall be located within the street right-of-way immediately adjacent to the curbs, except as may be approved by the Council to accommodate street trees or other landscaping.
(2) 
Sidewalks and street crosswalks in residential and nonresidential subdivisions or land developments shall have a minimum width of four feet.
(3) 
Sidewalk construction shall conform to the following:
300 Concrete Sidewalk.tif
Concrete Sidewalk (not to scale)
300 Concrete Sidewalk Joint Detail.tif
Concrete Sidewalk Joint Detail (not to scale)
Y. 
Parking on streets. Off-street parking for all uses shall be provided in accord with Chapter 400, Zoning, and streets shall not be designed to accommodate on-street parking.
Z. 
Driveway and cross drainage. At each point where a street is intersected by a driveway that requires surface drainage water to be carried under the driveway at the intersection, a culvert pipe shall be installed across the width of the driveway to meet the drainage requirements determined in accord with § 300-42 of this chapter. Such cross drains as may be necessary shall also be installed under the street in accord with the drainage plan. Pipes shall be installed at such depth and in such manner as dictated by the site, and no pipe shall be installed that is less than 18 inches in diameter. (See § 300-42 for additional requirements.)
Monuments and markers shall be placed so that the center or scored or marked point shall coincide exactly with the intersection of the lines being monumented or marked and shall conform to the following.
A. 
Monuments.
(1) 
Monuments shall consist of either:
(a) 
Solid steel rods not less than one inch in diameter and not less than 36 inches in length (preferred 42 inches to 48 inches).
(b) 
A two-inch (inside diameter) galvanized pipe filled with concrete at least 36 inches in length (preferred 42 inches to 48 inches).
(c) 
A concrete cylinder four inches in diameter and at least 36 inches in length (preferred 42 inches to 58 inches).
(d) 
Other types approved by the Borough.
(2) 
Monuments shall be set flush with the finish grade of the surrounding ground.
(3) 
All monuments shall be placed under the direction of a registered professional land surveyor, who will take full responsibility for their accuracy and placement.
(4) 
Monuments shall be placed as follows:
(a) 
At all exterior property corners where permanent corners do not exist at the time of the perimeter survey. (Existing permanent corners shall not be removed or replaced but shall be noted on the plan as existing and described.)
(b) 
One monument for every 10 lots proposed shall be placed at intersections of rear lot lines, the location of which shall be proposed by the developer and approved by the Borough. However, an adequate number of monuments shall be provided so that in no case shall the distance between monuments exceed 1,000 feet.
B. 
Markers.
(1) 
Lot markers shall consist of either:
(a) 
Solid steel rods not less than 3/4 inch in diameter and not less than 24 inches in length.
(b) 
Steel pipes not less than 3/4 inch in diameter and not less than 24 inches in length.
(c) 
Other types approved by the Planning Commission.
(2) 
Markers normally shall be set two inches above the finish grade of the surrounding ground.
(3) 
All markers shall be placed under the direction of a registered professional land surveyor, who will take full responsibility for their accuracy and placement.
(4) 
Markers shall not be placed until road grading has been completed.
(5) 
Lot markers shall be placed as follows:
(a) 
At all points where lot lines intersect street right-of-way lines.
(b) 
At all points where lot lines intersect exterior property lines.
(c) 
At all interior lot corners.
(d) 
At such other lot corners and locations as the Borough may direct.
A. 
Purpose and stormwater management ordinance.
(1) 
Generally. The purpose of this section is to minimize stormwater runoff, maximize on-site infiltration and aquifer recharge, provide for the management of the quantity, velocity and direction of stormwater flow to provide protection to downstream property owners, to control soil erosion and sedimentation and to protect the public general health, safety and welfare.
(2) 
Stormwater management plans. In cases where the Borough has adopted a special purpose ordinance governing stormwater management in accord with a watershed management plan approved by the Pennsylvania Department of Environmental Protection under the terms of the Storm Water Management Act,[1] the requirements of such ordinance shall apply to developments in that watershed in addition to the requirements of this chapter. In cases where two standards conflict, the more restrictive shall apply.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
B. 
Plan. A stormwater drainage and management plan shall be required for all major subdivisions and all land developments (except minor residential land developments) and shall be subject to the approval of the Borough and Borough Engineer. The plan shall show all existing surface drainage features and shall include all appropriate designs, details and dimensions necessary to clearly explain proposed construction materials, grades and elevations. The developer shall submit the plan and all associated engineering calculations to the Planning Commission at the time of subdivision or land development plan submission. Construction materials shall comply with the latest PennDOT Publication 408 standards and the applicable PennDOT RC standards for construction.
C. 
Compliance with state regulations. The plan shall meet the intent of § 13 of the Pennsylvania Storm Water Management Act[2] and other applicable regulations to assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities, or the quality, velocity and direction of stormwater is managed in a manner which otherwise adequately protects health and property from possible injury. Said plan shall comply with all Pennsylvania Department of Transportation requirements.
[2]
Editor's Note: See 32 P.S. § 680.13.
D. 
Design criteria.
(1) 
The basic goal of the stormwater management plan shall be to maximize the on-site infiltration of stormwater and minimize the overall volume of stormwater leaving the property after development, and the plan shall incorporate best management practices to achieve this goal.
(2) 
Stormwater management facilities shall be designed for a storm frequency of 10 years, using generally accepted engineering principles appropriate for the proposed site and development. In addition to being designed for a ten-year storm, detention facilities shall be designed to pass a one-hundred-year storm without facility failure. In general, the Soil-Cover-Complex Method (Natural Resources Conservation Service method) or the Rational Method shall be used to determine peak discharge and estimated runoff.
(3) 
The post-development peak rate of stormwater discharge from the parcel being developed shall not exceed the predevelopment peak rate of stormwater discharge from the parcel being developed. The calculation of post-development discharge shall, in addition to areas disturbed during development, include the estimated effect of all runoff expected from driveways, buildings, walkways, parking areas and other impervious areas associated with the ultimate build-out of the subdivision or land development. In addition to the ten-year storm, storms of less frequency shall also be controlled.
(4) 
The Planning Commission shall, in cases where existing drainage problems, flooding or other factors relating to the public health, safety and welfare and upon the recommendation of the Borough Engineer, require that the proposed stormwater control facilities be designed to a twenty-five-year storm frequency and/or other more stringent criteria or require the provision of stormwater control facilities in areas where no such facilities are proposed by the developer.
E. 
Additional requirements.
(1) 
All proposed surface drainage structures and "Q values" shall be indicated on the drainage plan submitted with the subdivision or land development plan and shall be considered "improvements" for the purposes of final subdivision approval. Construction materials shall comply with the latest PennDOT Publication 408 standards.
(2) 
Natural drainagecourses and points of natural drainage discharge shall not be altered.
(3) 
Stormwater or natural drainage water shall not be diverted to overload existing drainage systems or create flooding or the need for additional stormwater management or drainage facilities on other properties without the written consent of the owners of such properties and the provision by the developer of facilities to control the stormwater or drainage.
(4) 
Where a subdivision is traversed by an existing natural drainageway or channel, there shall be reserved by the developer a drainage easement conforming substantially with the line of such drainageway or channel and of such width as determined by the Planning Commission adequate to preserve the unimpeded flow of natural drainage or for the purpose of widening, deepening, relocating, maintaining, improving or protecting such drainage facilities. A drainage easement shall also be so provided for all proposed stormwater control facilities.
(5) 
Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement of not less than 25 feet on each side of the stream from each stream bank or such additional width as will be adequate to preserve the unimpeded flow of the watercourse.
(6) 
Streets shall be so designed as to provide for discharge of surface water from their rights-of-way.
(7) 
In no case shall any pipe system of less than 15 inches be installed underneath a street or driveway, and all pipes shall be of a plastic, PVC, HDPE, concrete or other material of an equal or greater useful life, meeting the requirements of PennDOT Publication 408, latest edition.
(8) 
Drainage structures that are located on state highway rights-of-way shall be provided in accord with Pennsylvania Department of Transportation requirements, and a copy of the required highway occupancy permit shall be provided to the Borough prior to final plan approval.
(9) 
Lots shall be laid out and graded to prevent cross-lot drainage and to encourage drainage away from proposed building areas.
(10) 
Drainage easements of a minimum of 10 feet in width shall be provided along all side and rear lot lines (a total of 20 feet for abutting lots) and adjacent to street rights-of-way as required by the stormwater drainage and management plan.
(11) 
Paved street shoulders, gutters and/or drainage swales and riprap of drainage swales may be required to provide for adequate stormwater management.
F. 
Maintenance of stormwater control facilities.
(1) 
Maintenance of stormwater control facilities, including easements between lots, shall be the responsibility of the owner of said facilities, and a note to that effect shall be included on all plans. A legally binding agreement may be required between the owner and the Borough to provide for such maintenance and providing for inspections by the Borough.
(2) 
In cases where a property owners' association is created for the ownership, operation and maintenance of common facilities, such property owners' association shall be responsible for the maintenance of stormwater control facilities, and such maintenance shall be established in the deed covenants and restrictions and stated on all plans.
(3) 
When stormwater management control facilities are located on an individual lot, and when such facilities are the responsibility of that landowner to maintain, a description of the facility or system and the terms of the required maintenance shall be incorporated as part of the deed to the property.
(4) 
If the Borough determines at any time that any permanent stormwater management control facility has been eliminated, altered or improperly maintained, the owner of the stormwater control facility shall be advised of corrective measures required and given a reasonable period of time to take necessary action. If such action is not taken by the property owner, the Borough may cause the work to be done and lien all costs against the property.
All soil erosion and sedimentation control plans shall meet the specifications of and shall be approved by the Lackawanna County Conservation District and PA DEP. Said plan shall comply with Commonwealth of Pennsylvania, Title 25, Chapter 102, Department of Environmental Protection regulations for soil erosion and sedimentation control. Erosion and sedimentation controls shall be installed according to the approved plan and shall be maintained by the developer in proper functioning condition until stabilization of the area is completed as determined by the Lackawanna County Conservation District. The applicant shall submit the plan to the Borough at the time of preliminary plan application. preliminary plan approval shall not be granted by the Borough until all required approvals and any NPDES permits are obtained from the Lackawanna County Conservation District and DEP.
Connection to the central water system serving the Borough and the Borough's central sewage collection and treatment system shall be required in accord with the requirements of the system operators. The applicant shall be required to provide all conveyance and collection lines in accord with system operator standards. In cases where such connections cannot be made, the other standards in this § 300-44 shall apply.
A. 
General standards.
(1) 
All subdivisions and land developments shall be served by an adequate water supply and sewage disposal system, and the developer shall provide evidence documenting said adequacy.
(2) 
All suppliers of nonmunicipally owned central water and/or sewer services shall be organized in such a fashion as may be required by the Pennsylvania Public Utility Commission, and the developer shall provide for operation, maintenance and continuity of services in a manner which is acceptable to the Borough.
(3) 
One copy of all correspondence, supporting documentation, applications for permits and certificates for operation submitted to the Pennsylvania Department of Environmental Protection and/or the Pennsylvania Public Utilities Commission for the right to provide such services shall be forwarded to the Borough as a part of the public record. One copy of the permit and/or certificate of convenience issued by the Pennsylvania Department of Environmental Protection and/or the Pennsylvania Public Utilities Commission authorizing such services shall be forwarded upon receipt to the Borough as a part of the public record.
(4) 
In the case of utilization of a publicly owned or other existing central water supply and/or sewage disposal system, the developer shall submit at the preliminary stage a letter from the operator of such utility indicating the utility owner's willingness to supply service to the development and including a verification of the adequacy of the utility system to serve the proposed development. At the final approval stage, an executed agreement with the service supplier shall be submitted.
(5) 
All required certificates of convenience, approvals and permits shall be obtained by the developer and/or the utility owner as a condition of preliminary approval and shall be submitted with the final plan application.
(6) 
All water supply and sewage disposal systems shall be designed and certified by a registered professional engineer or other individual otherwise certified for such design work, and all systems shall be designed in accord with all applicable federal, state and local standards.
(7) 
Pressure testing of all collection/conveyance of any central water supply or central sewage disposal system lines shall be required as part of the inspections required in accord with Article VI of this chapter. All such testing shall be conducted in accord with the procedures specified by the Borough Engineer.
(8) 
All sewage disposal systems shall be consistent with the Borough Sewage Facilities Plan.
B. 
On-site water supply. All on-site water supply systems shall comply with the requirements of the Pennsylvania Department of Environmental Protection and/or applicable Borough ordinances. The requirement for the installation of on-lot wells shall be noted on the development plan and shall be required by restrictive covenant to be approved by the Borough prior to preliminary plan approval.
C. 
Central water supply.
(1) 
Project supply. If the Borough water supply is not accessible and water is to be furnished on a project basis, the applicant shall, upon submission of the subdivision or land development plan, submit written evidence that he has complied with all Borough, county and state regulations, and that the proposed system to be installed meets the requirements of the PA PUC, PA DEP, and any other applicable regulations.
(2) 
Deep well source.
(a) 
Wells shall be sited, drilled and tested under the direct supervision of a registered professional engineer and/or a professional groundwater geologist.
(b) 
Wells shall be located away from potential sources of pollution on a reserved parcel of not less than 5,000 square feet in size.
(c) 
The capacity of the well(s), as certified by a professional engineer, shall be sufficient to produce at least 110 gallons per capita per day and/or 400 gallons per day for each residential dwelling unit to be served. Adequate capacity of any well(s) to service industrial or commercial establishments shall be documented by the applicant to the satisfaction of the Borough and the Borough Engineer.
(d) 
Wells shall be pump-tested using a controlled step-drawdown test to establish the specific capacity of each well and to establish a long-term pumping rate. The well shall be pumped at the above-determined long-term pumping rate for a sufficient period of time for stabilization to occur and the recovery noted. In no case will a pumping rate greater than the recharge rate be allowed.
(e) 
Well construction shall be consistent with generally accepted practice and the guidelines of the Pennsylvania Department of Environmental Protection.
(f) 
Documentation of the effect of the projected area-wide drawdown of the water table may be required by the Borough if the anticipated pumping of groundwater warrants such documentation.
(3) 
Water distribution system.
(a) 
The system design shall follow good engineering practice and the requirements of the PA DEP and/or the Public Utilities Commission. The distribution system shall be designed and sized to provide the design flows at a minimum pressure of 25 pounds per square inch at curb stops.
(b) 
Pipe classes shall be consistent with design pressures.
(c) 
Before being placed into service, the system must be tested and disinfected by procedures established by the Department of Environmental Protection.
(d) 
The proposed utility shall provide for adequate flow of water for the subdivision supplied by interconnecting two or more wells or by providing storage for a minimum or one day's demand.
(e) 
Service connections shall be a minimum of three-fourths-inch diameter.
(4) 
Flow rates.
(a) 
Distribution systems serving residential developments shall provide for a minimum flow rate of at least 1.25 gallons per minute for each lot or proposed dwelling unit for domestic purposes only.
(b) 
Distribution systems serving commercial or industrial developments shall provide for a minimum flow rate of at least 25 times the projected average daily flow rate.
(c) 
Distribution systems intended to provide for fire flow shall provide for minimum flow rates in accordance with the standards of the National Fire Underwriters Association.
D. 
On-lot sewage disposal.
(1) 
Standards. All on-site sewage disposal systems shall comply with the applicable PA DEP standards, the Borough Sewage Facilities Ordinance[1] and all other applicable standards.
[1]
Editor's Note: See Ch. 282, Sewers and Sewage Disposal.
(2) 
Site suitability.
(a) 
All residential lots in developments proposing the use of on-site sewage disposal shall contain two areas suitable for such a disposal system, with such areas indicated on the preliminary plan and final plan. One area shall be used for installation of the system, and the second area shall be reserved for future use should the constructed sewage system fail beyond repair. All sewage disposal areas shall remain undisturbed, and this shall be assured via a covenant placed on the plan.
(b) 
Prior to any action on the preliminary plan by the Planning Commission the applicant must document that all lots in subdivisions proposing on-site sewage disposal contain suitable area as tested by the Borough SEO in accord with DEP requirements and this § 300-44D or are already served by an adequate, existing sewage disposal system.
(c) 
Should the applicant propose the use of individual systems which do not require soil testing, documentation shall be provided that the affected lots are suitable for the proposed system. In addition, a note shall be placed on the preliminary plan and final plan detailing the type of system(s) proposed and stating that the affected lots have not been tested for a soil-based system.
(3) 
Conservation design subdivisions. In the case of conservation design subdivisions, the primary and reserved on-site sewage disposal areas may be located on common land, provided the necessary easements for construction and maintenance of such systems are provided.
(4) 
System maintenance. In order to extend the useful life of on-site sewage disposal systems and minimize on-site disposal system problems, the developer shall, for all subdivisions of 10 lots or more, provide for on-site system maintenance via the creation of a property owners' association (POA). This requirement shall also apply to any subdivisions of less than 10 lots if a POA is otherwise required or proposed. Such POA shall be created in accord with § 300-32 of this chapter and shall provide for the inspection of the on-site systems and the pumping of septic tanks at intervals of not less than three years from the date of the operation of each system. The POA shall file with the Borough an annual report detailing which systems have been inspected and pumped, showing receipts for same from a septage hauler disposing of the septage at a DEP-licensed facility. Failure of the POA to comply with this Subsection D(4) shall be considered a violation of this chapter.
E. 
Central sewage disposal system. All subdivisions and land developments within the Borough sewer service area shall connect to the Borough system. If a central sewage disposal system is proposed outside the Borough sewer service area, such subdivision and land development shall connect to the Borough system. In all cases, the construction of conveyance lines and all connections shall be made in accord with the Borough Sewage Facilities Ordinance and all other applicable standards.
F. 
Community system maintenance. In order to extend the useful life of community sewage disposal systems and minimize disposal system problems, the developer shall, for all subdivisions or land developments using a community system, provide for system maintenance via the creation of a property owners' association (POA). Such POA shall be created in accord with § 300-32 of this chapter and shall provide for the inspection of the community system each year and the pumping of septic tanks at intervals as required but not less once every three years from the date of the operation of each system. The POA shall file with the Borough an annual report detailing which systems have been inspected and pumped, showing receipts for same from a septage hauler disposing of the septage at a DEP-licensed facility. Failure of the POA to comply with this § 300-44F shall be considered a violation of this chapter.
All utility lines required to service the subdivision shall be planned in cooperation with the respective utility companies. A letter shall accompany the subdivision or land development plan, stating that the utility plan has been reviewed by the applicable utility company and that such plan is approved and that service will be available. All cables, wires, conduits, pipes and lines servicing the development shall be subject to the requirements set forth in this chapter.
A. 
Tree protection. A landscape plan meeting the requirements of this section shall be prepared for all land developments and major subdivisions, and no land development or major subdivision shall be finally approved until all landscaping has been installed or guaranteed in accord with this chapter.
B. 
Legislative intent. It is the intent of these landscape planting requirements to conserve existing healthy plant communities, such as woodlands, and to require new landscape plantings in critical areas of new developments in order to:
(1) 
Reduce soil erosion and protect surface water quality by minimizing stripping of existing woodlands or tree masses.
(2) 
Reduce stormwater runoff velocity and volume by providing planting areas where stormwater can infiltrate.
(3) 
Improve air quality by conserving existing or creating new plantings which produce oxygen and remove carbon dioxide from the atmosphere.
(4) 
Encourage tree planting and landscaping along public streets. (See definition of "improvement.")
(5) 
Provide wind breaks, shade and the other microclimate benefits of trees and landscape plantings.
(6) 
Conserve historically, culturally or environmentally important landscapes, such as wooded hillsides, scenic views, or aesthetic natural areas.
(7) 
Preserve and enhance property values through the implementation of good landscape architectural standards.
(8) 
Provide planted buffers between land developments which act to visually integrate a development into the existing landscape.
(9) 
Provide planted and architectural visual screens around visually obtrusive site elements within development.
(10) 
Enhance the aesthetic appearance of the community and provide privacy and beauty.
(11) 
Conserve energy by moderating solar radiation and providing shade.
(12) 
Improve the environment for pedestrians along streets, parking lots, and other pedestrian areas.
(13) 
Aesthetically improve stormwater management facilities, such as detention basins, without impairing function.
C. 
Minimum number of trees; preservation of existing vegetation. Unless other provisions of this chapter require more trees or vegetation, each development site shall include a minimum of 12 deciduous or evergreen trees for each one acre. Each deciduous tree shall be 2.5-inch caliper or greater, and each evergreen tree shall be six to seven feet in height or greater. As an alternative, 10 trees for each one acre shall be required if deciduous trees are four inches in caliper or greater and evergreen trees are eight to 10 feet in height or greater. Five shrubs 2.5 feet in height or greater may be substituted for one tree of 2.5-inch caliper for a maximum of 20% of the tree requirement.
(1) 
Preservation of existing vegetation. Each mature tree, tree mass or woodland on the site shall be designated "TO REMAIN" or "TO BE REMOVED" and shall be shown on the plan in accord with the following criteria:
(a) 
All subdivisions and land developments shall be laid out in such a manner as to minimize the removal of healthy trees and shrubs on the site. Mature trees (six-inch or greater DBH) shall be preserved insofar as possible, and special consideration shall be given to major specimen trees (twelve-inch or greater DBH). The plan shall show the location of major specimen trees in areas of the site proposed for development and the edge of existing woodlands.
(b) 
The applicant shall document that vegetation removal is minimized. If challenged by the Borough, the applicant shall produce evidence, such as written documents or plans certified by a registered landscape architect or other person deemed qualified by the Borough, showing that no alternative layouts are possible and that no alternative clearing or grading plan would reduce the loss of mature trees, tree masses and woodlands.
(c) 
The following criteria shall be used by the Borough to make the final determination of which mature trees, tree masses or woodland shall be designated "TO REMAIN":
[1] 
The outermost branches of the tree(s) are at least five feet from any proposed buildings or structures.
[2] 
The outermost branches of the tree(s) are at least five feet from any proposed changes in grade, drainage structure, utility corridor, parking or loading/unloading area, sidewalk, on-site sewage system, or any other excavations.
[3] 
The tree(s) are clear of any proposed sight triangles and do not, by their location or apparent health, pose any undue threat to the public health, safety or welfare. The Borough may permit some landscape material to be placed in the clear sight triangle when it determines that the type of material and its location will not create a hazard to motorists or conflict with utility locations.
[4] 
If these trees are diseased or are excessive in number and thinning will promote and enhance the healthy development of the remaining trees, the Borough may require the removal of the trees.
(d) 
Mature trees, tree masses or woodlands that are not designated "TO REMAIN" shall be designated "TO BE REMOVED." These trees shall be removed in the field during the construction process.
(e) 
Specimen tree preservation or removal shall be considered on an individual basis and site conditions.
(2) 
Protection of existing vegetation. Existing vegetation designated "TO REMAIN" in accord with Subsection C(1)(c) above shall be identified in the field prior to any clearing and shall be physically protected throughout the construction process. A temporary physical barrier, such as a snow fence, shall be erected a minimum of one foot outside the dripline on all sides of individual trees, tree masses or woodlands prior to major clearing or construction. The barrier shall be placed to prevent disturbance to or compaction of soil inside the barrier and shall remain until construction is complete. The barrier shall be shown on the landscape plan.
(3) 
Credit for existing trees. If healthy, existing trees will be preserved which will generally meet the requirements of this section, the Council may, in its discretion, permit the existing tree(s) to serve as a credit toward the number of shade trees required to be planted. In addition, the Council, in its discretion, may permit existing trees which would otherwise be required to be maintained by this chapter to be removed in exchange for the developer planting replacement trees in accord with this section. To be eligible for use as credit toward a required tree, a preserved tree shall be maintained in such a manner that a minimum of 50% of the ground area under the tree's dripline shall be maintained in natural ground cover and at the existing natural ground level. The following standards shall be used to determine the extent of credit:
DBH of Approved Preserved Tree
(inches)
Number of Credited Trees
Greater than 30
4
15 to 29
3
7 to 14
2
2 to 6
1
(4) 
Hydrology. Alteration of existing drainage patterns and water supply for the protected vegetation shall be minimized.
(5) 
Transplanting existing plants. Specimen trees or individual trees from woodlands or tree masses designated "TO BE REMOVED" are encouraged to be transplanted from one area of the site to another. Transplanted trees must conform to the requirements of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Clear sight triangles. All landscaping shall comply with the sight distance requirements of this chapter, including intersections of public streets and access drives of commercial, industrial and multifamily developments. The Borough may permit some landscape material to be placed in the clear sight triangle when it determines that the type of material and its location will not create a hazard to motorists or conflict with utility locations.
(7) 
Topsoil protection. Topsoil shall not be permanently removed from a lot except from areas that will be covered by buildings or paving. This shall not prohibit the temporary movement and storage of topsoil during construction.
(8) 
Tree removal. Trees within the street right-of-way and all other plantings required by this § 300-46 shall not be removed without a permit from the Zoning Officer, except for trees removed by the Borough or the state and for trees approved to be removed under this § 300-46.
D. 
Street trees. Unless the requirements of the Borough Shade Tree Commission dictate otherwise, where the subdivision or land development is cleared or devoid of trees, the developer shall plant shade trees meeting the following specifications within a ten-foot planting strip adjacent to all street rights-of-way.
(1) 
Types of trees. Trees shall be of nursery stock quality of a deciduous species capable of attaining a height of 60 feet approved by the Planning Commission. Topography and natural and historical features shall be considered by the developer and the Borough in selecting and approving species. All trees shall be a minimum of 2.5 inches' diameter at breast height.
(2) 
Location. Trees shall be planted along the street right-of-way on both sides of the street at intervals of not less than 50 feet. The location of shade trees will be subject to the approval of the Planning Commission. Where sidewalks are provided or required, trees may be planted between the sidewalk and building line at least three feet from the sidewalk or between the curb and sidewalk, provided that the planting strip is a minimum of five feet in width. If no curb or sidewalk is provided, the trees shall be planted on the lot side of any drainage structures.
(3) 
Maintenance. Besides conforming to all parts of this subsection, all planting shall be done in accordance with good nursery and landscape practice. The developer shall be responsible for replacing any trees within 18 months of planting, and this shall be assured via a maintenance guarantee. A covenant running with the land shall stipulate that the responsibility for maintenance and replacement of street trees shall be borne by the owner of record.
Streetlights shall be required in all subdivisions in R-1 and R-2 Zoning Districts and may be required in other subdivisions when considered necessary by the Council. All streetlights shall be of such design and spacing as required by the Council in accord with PPL or other generally accepted lighting standards.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
See Article IX.
Traffic signs and traffic signals shall be required when considered necessary by the Council to ensure safe traffic or pedestrian circulation. All traffic signs and signals shall meet the most current requirements of PennDOT. In the case of traffic signals, the developer, any subsequent owner, or any subsequent property owners' association or similar entity shall be responsible for the long-term operation, maintenance and replacement of the traffic signal and all associated facilities, signs and pavement markings.
In addition to the applicable requirements of this chapter, multifamily dwelling projects shall comply with Chapter 400, Zoning, and all other applicable requirements of the Borough Zoning Ordinance.
A. 
Purposes. The purpose of this section is to provide adequate active and passive recreational facilities to serve the occupants of new developments and to recognize and accomplish the goals and policies of the Borough's Comprehensive Plan, Recreation Plan or Regional Recreation and Open Space Plan.
B. 
Applicability. This section shall apply to any subdivision or land development for which a preliminary plan or a combined preliminary/final plan is required.
C. 
Fees. The developer of any subdivision or land development governed by this § 300-51 shall pay a recreation fee in accord with the following.
(1) 
Fee amount. The fee amount shall be established by resolution of the Borough Council.
(a) 
Fees for dwelling lots and units shall be assessed on a per-lot and per-unit basis.
(b) 
Fees for nonresidential development fees shall be assessed on a per-square-foot-of-indoor-area basis. No fee shall be assessed for buildings of less than 1,000 square feet of floor area, nor for any building or lot which does not require approval under this chapter.
(2) 
Accounting. Any fees collected under this section shall be deposited in an interest-bearing account, clearly identifying the specific recreation facilities for which the fee was received. Interest earned on such accounts shall become funds of that account. Funds from such accounts shall be expended only in properly allocable portions of the cost incurred to construct the specific recreation facilities for which the funds were collected.
(3) 
Use of fees. The fees shall be used for Borough or other public recreation facilities located in the Borough. In addition, the Council may commit fees to a recreation area open to the public in an adjacent municipality that would serve the inhabitants of the development that paid the fees. Such fees shall only be used for the acquisition of public open space and related debt payments, development of public recreational facilities, landscaping of public open space, and related engineering and design work.
(4) 
Time limit on use. Upon request of any person who paid any recreation fee, the Borough shall refund such fee, plus interest accumulated thereon from the date of payment, if the Borough had failed to use the fee for the purposes set forth in this § 300-51 within three years from the date such fee was paid.
(5) 
Timing of fees. Fees shall be paid prior to the approval of the final plan. The developer and the Council may mutually agree to provisions in a binding development agreement to enable the payment of all applicable recreation fees prior to the issuance of any building permit within each clearly defined phase of the development. In such a case, the time limitation established in Subsection C(4) above shall not begin until all such fees are paid for all development phases.
D. 
Facilities in place of fees. An applicant may submit a written request for a modification of the requirements of this § 300-51 by offering to construct recreation facilities open to the general public within the proposed subdivision or land development or on public parkland. Such modification shall only be approved if the developer clearly proves to the satisfaction of the Council that the facilities will serve a valid public purpose, will be designed following modern standards in a durable manner, and will have an equal or higher value than the fees that would otherwise be required. The Council shall determine whether facilities construction would be in the public interest or whether the payment of fees is required. This determination should, but is not required to, be made at the time of sketch plan review. The Council should, at a minimum, consider the following in this decision:
(1) 
Whether the facilities in the proposed location would serve a valid public purpose.
(2) 
Whether the facilities are a desirable addition to an existing public park.
(3) 
Whether the proposed facilities meet the objectives and requirements of this § 300-51 and any relevant goals and policies of the Borough's Comprehensive Plan, Recreation Plan or Regional Recreation and Open Space Plan.
(4) 
Whether the facilities, if proposed within the development, will be easily accessible to other Borough residents.
(5) 
Any recommendations from the Planning Commission, the Borough Engineer, the School District, or the County Parks and Recreation Board.
Each major subdivision or land development shall provide an adequate and reliable water source for firefighting purposes. The provisions for an adequate and reliable water source shall be submitted as part of the subdivision application. Such plans and installations shall be inspected by the Fire Department and shall be approved by the Borough Council. The developer may elect to provide this water source through the establishment of a pressurized water system, static water source, or combination thereof. When utilizing an off-site water source, the developer shall secure a permanent contract with the source owner to provide said water. Water sources shall conform to the requirements set forth in this § 300-52.
A. 
Pressurized system. When electing to use a pressurized water distribution system, the developer may use a gravity, direct pumping or combination system. Regardless of the type of pressurized system installed, the system shall be installed in compliance with NFPA 24, unless the Borough imposes other specific requirements.
(1) 
The flow capacity of the system shall be such that it will maintain a delivery rate of 1,000 gallons per minute and 40 pounds per square inch residual pressure for a two-hour duration. No piping shall be used which is less than six inches in diameter.
(2) 
Hydrants shall be of the dry barrel type with two 2 1/2-inch NST male discharges and one 4 1/2-inch male NST discharge. All discharges shall have caps installed. Hydrants shall not be set more than 10 feet from the road edge and shall have the 4 1/2-inch connection facing the roadway. Each hydrant shall be equipped with a curb stop to allow for isolation of the hydrant. Fire hydrants shall be installed with a maximum spacing not to exceed 800 feet. The developer shall provide the Fire Department with a key to operate the curb stops. Hydrant bodies shall be painted bright yellow, with the bonnet and caps painted bright green.
(3) 
When pumps are used as part of the distribution system, a reserve power source shall be provided. This power source shall be designed to automatically start when primary power is lost. The developer shall be responsible to provide monthly maintenance and testing of the power system.
B. 
Static water sources. When electing to use a static water source, the developer shall ensure that access to the water source is provided within 2,000 feet road distance (not point to point) of any buildable point within the subdivision. This may be met either through the use of ponds, cisterns, or a combination thereof. Regardless of the type of static source provided, the system shall be installed in compliance with NFPA 1231, unless the Borough imposes other specific requirements.
(1) 
Static water sources shall be of sufficient capacity to provide an uninterrupted flow of at least 1,500 gallons per minute for a two-hour duration. Dry hydrants shall be installed in static water sources and located as required to meet the two-thousand-foot requirement.
(2) 
The dry hydrant shall be capable of supplying a one-thousand-five-hundred-gallons-per-minute pumper operating at 100% capacity at 150 pounds per square inch through 10 feet of six-inch suction hose. Dry hydrants shall be terminated with a forty-five-degree dry hydrant head with six-inch male NST threads and a cap. The center line of the head shall be three feet from the ground. All piping used in the dry hydrant shall be Schedule 80 PVC, with a minimum diameter of eight inches. All exposed aboveground components shall be primed with a PVC primer to prevent deterioration. The hydrant head shall be connected to the piping with a tapered coupling.
(3) 
The piping for the dry hydrant shall be installed a minimum of three feet below the frost line and average ice depth of the water source. The strainer shall be located below the surface of the water at a depth that is greater than three feet below the average ice depth of the water (and the water surface) and no less than two feet from the bottom of the water source. The strainer shall have a cleanout cap installed for maintenance. The vertical distance from the water surface to the center line of the hydrant head shall not exceed 10 feet.
(4) 
The access road to the dry hydrant shall meet the requirements for minor roads contained in this chapter.