[Ord. 88-9, 11/17/1988, § 501]
1.
The following principles, standards, and requirements will be applied
by the Borough Council and Planning Commission in their review and
evaluation of all subdivision and land development plat applications.
2.
The standards and requirements contained herein shall be considered
the minimum for the promotion of the public health, safety, convenience,
and general welfare.
3.
Where literal compliance with the standards and requirements contained herein is clearly impractical, the Borough Council may modify or waive such through the alteration of requirements process set forth in Part 9 of this chapter.
4.
Subdivision and land development plats shall give due consideration
to "Official Plans" of the Borough of Hummelstown, Dauphin County
and region, or to such parts thereof as may be adopted pursuant to
statute.
6.
Land subject to hazards to life, health, or property, such as may
arise from fire, flood, disease, or other causes, shall not be platted
for development purposes unless such hazards have been eliminated
or unless the plat shall show adequate safeguards against them, which
shall be approved by the appropriate regulatory agencies.
[Ord. 88-9, 11/17/1988, § 502]
1.
General Standards.
A.
Proposed streets shall be properly related to such street plans or
parts thereof as have been officially adopted by Hummelstown Borough
and shall be coordinated with existing or proposed streets in adjoining
subdivisions or land developments. Further, proposed streets shall
be properly related to county, regional or state transportation plans
as have been prepared and adopted as prescribed by law.
B.
Streets shall be laid out to preserve the integrity of their design.
Local access streets shall be laid out to discourage their use by
through traffic and, where possible, collector and arterial streets
shall be designed for use by through traffic.
C.
Streets shall be related to the topography so as to establish usable
lots and satisfactory street grades.
D.
Proposed street arrangements shall make provisions for the continuation
of existing streets in adjoining areas; the proper projection of streets
into adjoining undeveloped or unplatted areas; and the continuation
of proposed streets to the boundaries of the tract being subdivided.
E.
New half or partial streets shall be prohibited except where essential
to reasonable subdivision of a tract in conformance with the other
requirements and standards of these regulations and where, in addition,
satisfactory assurance for dedication of the remaining part of the
street can be obtained; a cul-de-sac shall be constructed at the end
of such half street which shall be of a permanent nature, unless a
temporary cul-de-sac is approved.
F.
Names of new streets shall not duplicate existing or platted street
names, or approximate such names by the use of suffixes such as "lane,"
"way," "drive," "court," "avenue." In approving the names of streets,
cognizance should be given to existing or platted street names within
the postal delivery district served by the local post office. New
streets shall bear the same name or number of any continuation of
alignment with an existing or platted street.
G.
Insofar as possible, streets on which structures utilizing solar
access are proposed to front upon, shall be oriented along an east-west
axis with maximum deviations permitted up to 25°; provided that
such orientations are feasible based on soil and slope conditions
and are a practical means of providing safe and convenient access
and circulation.
H.
Proposed private streets (streets not offered for dedication) are
prohibited.
I.
Proposed private service access for purposes of providing a means
of secondary access to a lot, are permitted as deemed appropriate
by the Borough Council and Borough Engineer.
2.
Street Classification. Three functional classifications of streets
and roads, as classified in the Hummelstown Borough Master Plan are
established as follows:
A.
Arterial. This classification includes highways which provide intra-county
or inter-municipal traffic of substantial volumes. Generally, these
highways should accommodate operating speeds of 55 miles per hour.
B.
Collector. This classification is intended to include those highways
which connect minor streets to arterial highways and generally serve
intra-county and intra-municipal traffic. They may serve as traffic
corridors connecting residential areas with industrial, shopping and
other services. They may penetrate residential areas. Generally, these
highways will accommodate operating speeds of 35 miles to 45 miles
per hour or under.
C.
Minor. This classification is intended to include streets and roads
that provide direct access to abutting land and connections to higher
classes of roadways. Traffic volumes will be low and travel distances
generally short. These streets and roads should be designed for operating
speeds of 25 miles per hour or under.
3.
Street Widths.
A.
Minimum street right-of-way and cartway widths shall be required
as presented in Table 1.
B.
Provision for additional street width (right-of-way) may be required
when determined to be necessary by the Borough Council in specific
cases for:
(1)
Public safety and convenience.
(2)
Parking in commercial and industrial areas and in areas of high
density development.
|
Table 1
| ||||||
|---|---|---|---|---|---|---|
|
Street Widths
| ||||||
|
Cartway Width
|
Material Specifications
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|
Street Type
|
Row Width
|
(1) Shldrs
|
W/O Curbs
|
With Curbs
|
Base Materials
|
Paving
|
|
Arterial Streets
|
As determined by the Governing Body and Planning Commission
after consultation with the Pennsylvania Department of Transportation.
| |||||
|
Collector Streets
|
60'
|
6' each
|
28'
|
34'
|
10"-#4 Crushed Aggregate
|
1 1/2"-ID-2 Binder 1"-ID-2 Wearing course
|
|
OR
| ||||||
|
6"-2A Subbase and 7"-BCBC
|
14"-ID Wearing course
| |||||
|
Minor Streets (general)
|
50'
|
4' each
|
24'
|
30'
|
6"-#4 Crushed Aggregate
|
1 1/2"-ID-2 Binder 1"-ID-2 Wearing Course
|
|
OR
| ||||||
|
6"-2A Subbase and 5"-BCBC
|
1 1/2"-ID-2 Wearing course
| |||||
|
Minor Streets (industrial/ commercial uses)
|
60'
|
6' each
|
28'
|
34'
|
8"-#4 Crushed Aggregate
|
1 1/2"-ID-2 Binder 1"-ID-2 Wearing course
|
|
OR
| ||||||
|
6"-2A Subbase and 5"-BCBC
|
1 1/2"-ID Wearing course
| |||||
|
Cul-de-sac
|
50'
|
4' each
|
24'
|
30'
|
Same as Minor (general)
|
Same as Minor (general)
|
|
Turn around of Cul-de-sac (diameter)
|
100'
|
4'
|
80'
|
80'
|
Same as Minor (general)
|
Same as Minor (general)
|
|
Service Drive (private)
|
N/A
|
N/A
|
20'
|
20'
|
8"-#3A Crushed Aggregate
|
1 1/2"-ID-2 Binder 1"-ID-2 Wearing course
|
|
(1)
|
Required only in absence of curbing
|
4.
Cul-de-Sac or Dead -End Streets.
A.
Dead-end streets are prohibited unless designed as cul-de-sac streets
or designed for future access to adjoining properties.
B.
Any dead-end streets, for access to an adjoining property or because
of authorized phased development, shall be provided with a temporary,
all-weather turn-around within the subdivision or/and land development;
and the use of such turnaround shall be guaranteed to the public until
such time as the street is extended.
C.
Cul-de-sac streets serving residential uses, permanently designed
as such, shall not exceed 800 feet in length and shall not furnish
access to more than 24 dwelling units.
D.
Cul-de-sac streets serving commercial and/or industrial uses shall
be adequate for the type of use to be serviced as approved by the
Borough Engineer but, in no case, shall exceed 800 feet in length.
E.
Unless future extension is clearly impractical or undesirable, the
turn around right-of-way shall be placed adjacent to the tract boundary
with sufficient additional width provided along the boundary line
to permit extension of the street at full width.
F.
All cul-de-sac streets, whether permanently or temporarily designed
as such, shall be provided at the closed end with a fully paved turn
around.
(1)
The minimum radius to the pavement edge or curb line shall be
50 feet, and the minimum radius of the right-of-way line shall be
60 feet.
G.
Drainage of cul-de-sac streets shall preferably be towards the open
end. If drainage is toward the closed end it shall be conducted away
in an underground storm sewer.
H.
The center-line grade on a cul-de-sac street shall not exceed 10%
and the grade of the diameter of the turn around shall not exceed
5%.
5.
Driveways.
A.
Private driveways on corner lots shall be located at least 40 feet
from the point of intersection of the nearest street right-of-way
lines.
B.
In order to provide a safe and convenient means of access, grades
on private driveways shall be so designed to allow for the unimpeded
flow of storm water runoff. In addition, driveways must be stabilized
to their full width to prevent erosion. Entrances should be rounded
at a minimum radius of 10 feet, or should have a flare construction
that is equivalent to the radius at the point of intersection with
the cartway edge (curb line). (Refer to Pennsylvania Department of
Transportation, Guidelines for Design of Local Roads and Streets -
Publication No. 70, as revised.)
C.
All driveways shall be located, designed and constructed in such
a manner as not to interfere or be inconsistent with the design and
maintenance and drainage of, or the safe and convenient passage of
traffic.
6.
Horizontal and Vertical Curves.
A.
In order to provide adequate sight distance and ensure proper alignment
of streets, horizontal and vertical curve design shall be in accordance
with the Pennsylvania Department of Transportation, Guidelines for
Design of Local Roads and Streets, Publication No. 70, as revised.
7.
Intersections.
A.
Streets shall intersect as nearly as possible at right angles, and
no street shall intersect another at an angle of less than 75°.
B.
Intersections involving the junction of more than two streets are
prohibited.
C.
Streets intersecting another street shall either intersect directly
opposite to each other, or shall be separated by at least 150 feet
between center lines, measured along the center line of the street
being intersected.
D.
Intersections shall be approached on all sides by a straight leveling
area, the grade of which shall not exceed 5% within 60 feet of the
intersection of the nearest right-of-way lines.
E.
Intersections with major streets shall be located not less than 800
feet apart, measured from center line to center line, along the center
line of the major street.
F.
At intersections of streets the curb or edge of pavement radii shall
not be less than the following:
|
Intersection
|
Minimum Simple Curve Radii of Curb or Edge of Pavement
| |
|---|---|---|
|
Collector with Collector Street
|
35 feet
| |
|
Collector with Minor Street
|
25 feet
| |
|
Minor Street with Minor Street
|
20 feet
|
|
Radius corners or diagonal cutoffs must be provided on the property
lines substantially concentric with or parallel to the chord of the
curb radius corners.
|
8.
Intersection Sight Distance and Clear Sight Triangles. Adequate sight
distances and areas of view obstructions shall be provided at all
intersections of streets, and for driveways intersecting a street,
in accordance with Exhibit VI.
9.
Street Grades.
A.
The grades of streets shall not be less than the minimum or more
than the maximum requirements listed below:
|
Type of Street
|
Minimum Grade
|
Maximum Grade
| |
|---|---|---|---|
|
All Streets
|
0.58
|
As determined by the Governing Body after consultation with
the Commission and the PA Department of Highways
| |
|
Collector Streets
|
8%
| ||
|
Minor Streets
|
10%
| ||
|
Service Drives
|
12%
| ||
|
Street Intersection
|
5%
|
B.
On minor streets and service drives, grades greater than 10% shall
not be more than 400 feet in length, or as determined by the Borough
Council.
10.
Slopes of Banks Along Streets. The slope of banks along streets measured
perpendicular to the street center line shall be no steeper than the
following:
11.
Access Roads and Drives.
A.
Direct access from residential lots to an arterial street shall be
avoided whenever possible. Where such direct access cannot be avoided,
adequate turnaround space shall be provided behind the right-of-way
line.
B.
A valid highway occupancy permit shall be obtained from the Pennsylvania
Department of Transportation. Driveways serving single family residences
shall intersect streets at angles of no less than 60°. All other
driveways or access roads shall intersect streets at right angles,
where possible, and in no instance shall such intersection be less
than 75°.
C.
The width of access roads or driveways shall be in accordance with
the following standards:
(1)
For multi-family residential, mobile home parks, and all nonresidential
developments or subdivisions, access roads shall be no less than 22
feet in width at the street line, and shall clearly be defined by
the use of curbing.
(2)
For single family residential subdivisions, driveways shall
be not less than 10 feet in width and no greater than 20 feet in width
at the street line.
D.
In order to provide for safe and convenient ingress and egress points,
access roads and driveway entrances shall be rounded at the following
minimum radius.
[Ord. 88-9, 11/17/1988, § 503]
1.
Easements shall be provided for drainage facilities, overhead or
underground public utility facilities in consultation with the Borough
Engineer, the electrical, telephone and water utilities, the Pennsylvania
Department of Transportation, and the municipal authority.
2.
Where a subdivision and/or land development is traversed by a watercourse,
drainageway channel or stream, there shall be provided a drainage
easement width to be determined by the Borough Engineer, conforming
substantially with the line of such watercourse, drainageway, channel
or stream and such width as will be adequate to preserve the unimpeded
flow of natural drainage or for the purpose of widening, deepening,
relocating, improving or protecting such drainage facilities or for
the purpose of installing a storm water sewer. Under no circumstances
shall the easement be less than 25 feet.
3.
Where a subdivision or land development involves the use of solar
access, solar skyspace easements will be provided, shall be in writing,
and shall be subject to the same conveyancing and instrument recording
requirements as other easements. Any such easements shall be appurtenant;
shall run with the land benefitted and burdened; and shall be defined
and limited by conditions stated in the instrument of conveyance.
Instruments creating a solar skyspace easement shall include but not
be limited to:
A.
A permanently identifiable description of the skyspace above the
burdened land into which trees, buildings and/or other obstructions
as specified by the easement shall not be permitted to encroach;
B.
Any terms or conditions under which the solar skyspace easement is
granted or will be terminated; and
C.
Any provision for compensation by the owner of the land benefitting
from the solar skyspace easement, or compensation of the owner of
the land burdened by the solar skyspace easement for maintaining the
easement.
4.
Where necessary for access to public or common lands, a pedestrian
easement shall be provided with a width of no less than 10 feet. Additional
width may be required by the Commission depending on the purpose and
use of the easement.
[Ord. 88-9, 11/17/1988, § 504]
1.
The length, width, shape, and design of blocks shall be determined
with due regard to the provision of adequate sites for buildings of
the type proposed, to the land use and/or zoning requirements of the
municipality, the topography of the land being subdivided or developed,
and the requirements for safe and convenient vehicular and pedestrian
circulation.
2.
Blocks shall not exceed 1,600 feet in length, nor be less than 600
feet in length. Where practical, blocks along collector or arterial
streets shall be not less than 1,000 feet in length.
3.
Residential blocks shall generally be of sufficient depth to accommodate
two tiers of lots, except where reverse frontage lots bordering an
arterial or collector street are used or, where due to the contour
of the land, or the necessary layout of the subdivision, there is
insufficient depth between intersecting streets for such two tier
design.
4.
Blocks for commercial and industrial areas may vary from the elements
of design contained in this section if the nature of use requires
other treatment. In such cases, off-street parking for employees and
customers shall be provided along with safe and convenient limited
access to the street system. Space for off-street loading shall also
be provided with limited access to the street system. Extension of
streets, railroad access right-of-way, and utilities shall be provided
as necessary.
5.
Crosswalks or interior pedestrian walks shall be required in blocks
exceeding 1,000 feet in length to provide for pedestrian circulation
or access to community facilities. Such walks shall be stabilized
for a width of not less than four feet, shall be located in easements
not less than 10 feet in width, and shall, insofar as possible, be
located in the center of any such block.
[Ord. 88-9, 11/17/1988, § 505]
1.
General Standards.
A.
The size, depth, width and orientation of lots shall conform to applicable regulations of Chapter 27, Zoning, of this Code.
B.
Side lot lines shall, insofar as practical, run from due north to
south where the resulting angle of incidence with the street is not
less than 30°. A variation of up to 25° east or west of the
north/south axis is permitted.
C.
Where feasible, lot lines should follow municipal boundaries rather
than cross them, in order to avoid jurisdictional problems.
2.
Lot Frontage.
A.
All lots shall abut a public street existing or proposed, or a private
street if it meets the requirements of these regulations.
B.
Double or reverse frontage lots shall be avoided except where required
to provide separation of residential development from major streets
or to overcome specific disadvantages of topography or orientation.
C.
No residential lots shall be created which front upon a limited access
highway. Furthermore, no major subdivisions and/or land developments
shall be created which front upon an arterial street.
3.
Building Setback.
[Ord. 88-9, 11/17/1988, § 506]
1.
General Requirements and Standards.
A.
In the event that any person shall intend to make changes in the
contour of any land or engage in earth moving activity, whether for
subdivision, land development or any purpose, such person, who is
required to obtain a permit, shall obtain such a permit from the Department
of Environmental Resources in accordance with the requirements of
the "Rules and Regulations," Chapter 102, EROSION CONTROL, authorized
under P.L. 1987, June 22, 1937.
B.
Furthermore, under the requirements noted above, the Hummelstown
Borough shall notify the Department immediately upon receipt of an
application for a building permit involving earth moving activity
which affects five acres or more of land.
C.
The Borough shall not issue a building permit to those engaged in
earth moving activities requiring a Department of Environmental Resources
permit, until the Department has issued the permit.
D.
An erosion and sedimentation control plan must be prepared for a
single lot or more where subdivision, land development or other earth
moving activity is proposed. The plan must be submitted:
E.
Such erosion and sedimentation control plan shall be submitted to
the Borough Engineer and County Conservation District for review,
and a copy of the plan and review comments shall be submitted to the
Commission as part of the preliminary and final plat applications.
F.
In the preparation of erosion and sedimentation control plans the
person preparing such plans shall consult with the County Conservation
District to determine the measures needed to control erosion and sedimentation.
The current Soil Erosion and Sedimentation Control Handbook, prepared
by the Conservation Districts of Cumberland, Dauphin and Perry Counties,
shall be used in the preparation of such plans. Copies are available
in the Dauphin County Conservation District office.
[Ord. 88-9, 11/17/1988, § 507]
1.
Stormwater management facilities shall be designed to convey the
flow of storm water runoff in a safe and efficient manner. The system
shall insure drainage at all points along streets and provide positive
drainage away from buildings and on-site water disposal sites.
2.
Plans shall be subject to the approval of the Borough Council upon
review by the Borough Engineer. The Borough may require a primarily
underground system to accommodate frequent floods and a secondary
surface system to accommodate larger, less frequent floods. Drainage
plans shall be consistent with local and regional drainage plans.
The facilities shall be designed to prevent the discharge of excess
runoff onto adjacent properties.
3.
The design and construction of the stormwater management system shall
comply with the following requirements:
A.
The minimum design criteria shall be a ten-year storm with a twenty-minute
duration. Higher frequency conditions shall be used where an overflow
would endanger public or private property.
B.
Drainage calculations shall be made by the rational method.
C.
Street drainage will not be permitted to cross intersections or the
crown of the road.
D.
Maximum spacing of street inlets shall not exceed 600 feet.
E.
All culvert ends shall be provided with either reinforced concrete
headwalls or pipe end sections.
F.
Minimum pipe size shall be eighteen-inch diameter.
G.
All street inlets shall be the combination type following PennDOT
standard for the four-foot special inlet. Inlet tops shall be cast
in place reinforced concrete or precast concrete.
H.
All springs and sump pump discharges shall be collected so as not
to flow in the streets.
I.
When material for storm drain systems is not specified, PennDOT specifications
will govern.
4.
All rain conductors shall be piped to storm sewer or a natural watercourse
and all multi-family unit constructions shall follow the same plan.
Storm drains shall be installed as per the following schedule:
|
Diameter Inches
|
Square Foot Fall 1/4" per foot
|
Drainage Area Foot 1/2" per foot
| |
|---|---|---|---|
|
4
|
1,800
|
2,500
| |
|
5
|
3,000
|
4,500
| |
|
6
|
5,000
|
7,500
| |
|
8
|
9,100
|
13,600
| |
|
10
|
14,000
|
20,000
|
[Ord. 88-9, 11/17/1988, § 508]
The design and development of all subdivision and land development
plans preserve, whenever possible, natural features which will aid
in providing open space for recreation and conditions generally favorable
to the health, safety and welfare of the residents of the Borough.
These natural features include: the natural terrain of the site, woodland
areas, large trees, natural watercourses and bodies of water, wetlands,
rock outcroppings and scenic views.
1.
Tree Preservation and Planting.
A.
Trees, with a caliper of six inches or more as measured at a height
of 4 1/2 feet above existing grade, shall not be removed unless
they are located within the proposed cartway or sidewalk portion of
the street right-of-way, or within 15 feet of the foundation area
of a proposed building. In areas where trees are retained, the original
grade level shall be maintained, if possible, so as not to disturb
the trees.
B.
Where existing trees are removed along the street right-of-way, supplemental
planting, in the form of appropriate street trees, shall be introduced.
Such trees shall be planted at intervals of between 50 feet and 100
feet, preferably in random patterns and shall be approved by the Borough
Council.
C.
When deemed necessary by the Borough's Planning Commission,
a Landscape Plan will be developed for a subdivision or land development.
Such plan shall indicate the vegetation or plant cover which exists
and, on the same or separate sheet, the vegetation or plant cover
which will exist when landscaping is completed. In addition, landscaping
shall be designed, installed, and maintained with the aim of allowing
as great a portion of the site to remain or become wooded without
adversely affecting the availability of solar access to the south.
D.
The location and species of trees and other landscaping elements
shall be such that when grown to full maturity shall not impede solar
access to neighboring structures.
2.
Lake, Stream, and River Frontage Preservation.
A.
A maintenance easement for the Borough or its designee, with a minimum
width of 25 feet, shall be provided along all stream and river banks
and lake edges. Such easement, in all cases, shall be of sufficient
width to provide proper maintenance.
B.
Lake, stream, and river frontage shall be preserved as open space
whenever possible.
C.
Access shall be provided to the water and maintenance easement area.
The width of such access points shall not be less than 50 feet.
[Ord. 88-9, 11/17/1988, § 509]
1.
General Standards.
A.
Where not prohibited by this or any other laws or ordinances, land
located in any identified floodplain area or district may be platted
for development with the provision that the developer construct all
buildings and structures to preclude flood damage in accordance with
this and any other laws and ordinances regulating such development.
B.
Building sites for residences or any other type of dwelling or accommodation
shall not be permitted in any identified floodway area or district.
Sites for these uses may be permitted outside the elevated 1 1/2
feet above the Regulatory Flood Elevation. If fill is used to raise
the elevation of a site, the fill area shall extend out laterally
for a distance of at least 15 feet beyond the limits of the proposed
structures.
C.
Building sites for structures or buildings other than for residential
uses shall not be permitted in any identified floodway area or district.
Also, such sites for structures or buildings outside the floodway
shall be protected as provided for in "B" above. However, the governing
body may allow the subdivision and/or development of areas or sites
for commercial and industrial uses at an elevation below the Regulatory
Flood Elevation if the developer otherwise protects the area to that
height or assures that the buildings or structures will be floodproofed
at least up to that height.
D.
If the Zoning Officer determines that only a part of a proposed plat
can be safely developed, he shall limit development to that part and
shall require that development proceed consistent with this determination.
E.
When a developer does not intend to develop the plat himself and
the Borough determines that additional controls are required to insure
safe development, it may require the developer to impose appropriate
deed restrictions on the land. Such deed restrictions shall be inserted
in every deed and noted on every recorded plat.
2.
Where any excavation or grading is proposed or where any existing
trees, shrubs or other vegetative cover will be removed, the developer
shall consult the County Conservation District representative concerning
plans for erosion and sediment control and to also obtain a report
on the soil characteristics of the site so that a determination can
be made as to the type and degree of development the site may accommodate.
Before undertaking any excavation or grading, the developer shall
obtain a Grading and Excavation Permit, if such is required.
3.
Drainage Facilities.
A.
Storm drainage facilities shall be designed to convey the flow of
storm water runoff in a safe and efficient manner. The system shall
insure proper drainage along streets, and provide positive drainage
away from buildings.
B.
Plans shall be subject to the approval of the Borough. The Borough
may require a primarily underground system to accommodate frequent
floods and a secondary surface system to accommodate larger, less
frequent floods. Drainage plans shall be consistent with local and
regional drainage plans. The facilities shall be designed to prevent
the discharge or excess runoff onto adjacent properties.
4.
Streets. The finished elevation of proposed streets and driveways
shall not be more than one foot below the Regulatory Flood Elevation.
The Borough may require profiles and elevations of streets to determine
compliance with the requirements. Drainage openings shall be sufficient
to discharge flood flows without unduly increasing flood heights.
5.
Sanitary Sewer Facilities. All sanitary sewer systems located in
any designated floodplain district, whether public or private, shall
be floodproofed up to the Regulatory Flood Elevation.
A.
The installation of sewage disposal facilities requiring soil absorption
systems shall be prohibited where such systems will not function due
to high ground water, flooding, or unsuitable soil characteristics
or within designated flood plain areas or districts. The Borough may
require that the developer note on the face of the plat and in any
deed or conveyance that soil absorption fields are prohibited in any
such area or district.
6.
Water Facilities. All water systems located in any designated floodplain
district, whether public or private, shall be floodproofed up to the
Regulatory Flood Elevation.
7.
Other Utilities and Facilities. All other public and private utilities
including gas and electric shall be elevated or floodproofed to not
less than 1 1/2 feet above the Regulatory Flood Elevation.
[Ord. 88-9, 11/17/1988, § 510]
1.
All residential subdivisions or land development plats submitted
after the effective date of this chapter shall provide for suitable
and adequate recreation in order to:
A.
Insure adequate recreational areas and facilities to serve the future
residents of the Borough;
B.
Maintain compliance with recreational standards as developed by the
National Recreation and Parks Association;
C.
Reduce increasing usage pressure on existing recreational areas and
facilities;
D.
Insure that all present and future residents have the opportunity
to engage in many and varied recreational pursuits; and to
E.
Reduce the possibility of the Borough becoming overburdened with
the development and maintenance of many very small, randomly planned
and widely separated recreation areas.
2.
Exemptions and Requirements.
A.
The following are exempt or partially exempt from the provisions
of this chapter:
(1)
Any single and/or multi-family residential subdivision or land
development plan in a residential zone classification for which a
preliminary plan has been submitted prior to the effective date of
this chapter.
(2)
Any residential subdivision or land development plan, whether
single and/or multi-family that contains less than 30 dwelling units
may be exempted by the Borough Council from dedicating land for recreational
purposes, but shall pay the fee in lieu of dedication as provided
in this chapter. Yard extensions shall be excluded from this requirement.
B.
The amount of land required to be provided for recreational purposes
for residential subdivisions or land development plans not exempted
from the provisions of this chapter shall be as follows:
(1)
Single-family Developments. In the case of a single-family subdivision,
the developer shall provide a minimum of 1,500 square feet per lot.
(2)
Multiple Family Developments. In multiple family developments,
a minimum contiguous area of 10% of the total area shall be provided
for recreation exclusive of roadways of the land being developed.
C.
A maximum of 25% of the total land area required by this chapter
to be provided for recreation may consist of flood plain areas.
D.
Such land set aside shall be suitable to serve the purpose of active
and/or passive recreation by reason of its size, shape, location and
topography and shall be subject to the approval of the Borough Council.
E.
The developer shall satisfy the Borough Council that there are adequate
provisions to assure retention and all future maintenance of such
recreation areas by maintaining ownership, or by providing for and
establishing an organization for the ownership and maintenance of
the recreation area and such organization shall not be dissolved nor
shall it dispose of the recreation area by sale or otherwise, except
to an organization conceived and established to own and maintain the
recreation area without first offering to dedicate the same to the
Borough.
3.
Recreation Area Location Criteria. The Planning Commission and the
Borough Council, in exercising their duties regarding the approval
of subdivision and land development plans, shall consider the following
criteria in determining whether to approve the proposed location of
recreation areas in the developer's subdivision and land development
plans:
A.
Site or sites should be easily and safely accessible from all areas
of the development to be served, have good ingress and egress and
have access to a public road, however, no public road shall traverse
the site or sites.
B.
Site or sites should have suitable topography and soil conditions
for use and development as a recreation area.
C.
Size and shape for the site or sites should be suitable for development
as a particular type of park. Sites will be categorized by the Borough
using the standards established by the National Recreation and Parks
Association. (Publication No. 10005, as revised).
D.
When designing and developing these recreation areas, it shall be
done according to the standards established by the National Recreation
and Parks Association, copies of which may be obtained at the Borough's
Municipal Building.
E.
Site or sites should, to the greatest extent practical, be easily
accessible to essential utilities, such as water, sewer and electric.
F.
Site or sites should meet minimum size requirements for usable acreage
with respect to National Recreation and Parks Association standards
with 75% of such area having a maximum slope of 7%.
G.
Recreation sites shall be located in such a manner which allows maximum
practical solar access to neighboring structures.
H.
Where open space is being provided, it shall be located, wherever
possible, to provide a buffer from the shading effects of taller structures
or obstructions on existing or proposed shorter buildings.
4.
Dedication to Municipality.
A.
In a case where the developer does not wish to retain the required
recreation area, such area may be offered for dedication to the Borough
for public use.
B.
In addition to approving the recreation site areas to be dedicated
to the Borough, the Planning Commission shall make its recommendation
to the Borough Council as to whether the dedication should be accepted
by the Borough.
C.
Such areas dedicated to the Borough for public use shall be suitable
for recreational purposes by reason of size, shape, location, topography
and access.
D.
The Planning Commission may find dedication to be impractical because
of the size, shape, location, access, topography, drainage or other
physical features of the land and that such dedication would adversely
affect the subdivision or land development and its future residents
or occupants, or that there is no land area within the proposed subdivision
which is practical for dedication to the public because of size, access,
topography or other physical characteristics.
E.
When the Borough Council deems it to be in the public interest to
accept dedicated land, such acceptance shall be by means of a signed
resolution to which the property description of the dedicated recreation
area shall be attached.
5.
Fee in Lieu of Dedication.
A.
Where the Borough Council agrees with the developer that because
of the size, shape, location, access, topography or other physical
features of the land that it is impractical to dedicate land to the
Borough or set aside a recreation area as required by this section,
the Borough Council shall require a payment of a fee in lieu of dedication
of such land which shall be payable to the Borough prior to approval
of each final section of the overall plan by the Borough Council.
Such fee shall be calculated by multiplying the number of dwelling
units in each section by the fee per dwelling unit.
B.
The amount of the fee shall be set from time-to-time by Resolution
of the Borough Council.
C.
All monies paid to the Borough Council pursuant to this section shall
be used only for the acquisition of and or capital improvements for
park and recreation purposes.
