Borough of Forty Fort, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 1994-4, 4/4/1994, § 501]
The following principles, standards and requirements will be applied by Council and the Planning Commission to evaluating plans for proposed subdivision or land developments. The standards and requirements outlined herein shall be considered minimum standard requirements for the promotion of the public health, safety, morals and general welfare. Where literal compliance with the standards herein specified is clearly impractical, the Council may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of this chapter.
[Ord. 1994-4, 4/4/1994, § 502]
1. 
Land shall be suited to the purposes for which it is to be subdivided or developed.
2. 
Land which is unsuitable for development because of hazards to life, safety, health, property, shall not be subdivided or developed until such hazards have been eliminated or unless adequate safeguards against such hazards are provided for in the subdivision of land development plan. Land included has having unsuitable characteristics would be the following:
A. 
Land subject to flooding or which has a high ground water table.
B. 
Land which, if developed, will create or aggravate a flooding condition upon other land.
C. 
Land subject to subsidence.
D. 
Land subject to underground fires.
E. 
Land containing significant areas of slopes greater than 10%.
F. 
Land which, because of topography or means of access, is considered hazardous by the Council.
G. 
Land which is subject to ground pollution or contamination.
3. 
Proposed subdivision of land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
4. 
Proposed land uses shall conform to the Borough Zoning Ordinance [Chapter 27].
[Ord. 1994-4, 4/4/1994, § 503]
1. 
Proposed streets shall be properly related to such street plans or parts thereof as have been officially prepared and adopted by the Borough of Forty Fort and shall be coordinated with existing or proposed streets in adjoining subdivisions or land developments.
2. 
Proposed street systems shall further conform to such county and state road and highway plans as have been prepared, adopted or files as prescribed by law.
3. 
Streets shall be related to the topography as so to produce usable lots and acceptable grades.
4. 
Access shall be given to all lots and portions of the tract in the subdivision or land development and to adjacent unsubdivided territory unless the topography clearly indicates that such connection is not feasible. Streets giving such access shall be improved to the limits of the subdivision or land development and shall be improved to Borough specifications. Reserve strips and landlocked areas shall not be created.
5. 
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, arterial streets shall be designed for use by through traffic.
6. 
Where the proposed subdivision or land development contains or is adjacent to an existing or proposed arterial street or highway designated as a limited access highway by the appropriate highway authorities, provisions shall be made for marginal access streets at a distance acceptable for the appropriate use of the land between the arterial street or limited access highway and the marginal access streets. The Council may also require rear service areas, double frontage lots, or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with primary streets and separation of local and through traffic.
7. 
Half or partial streets will not be permitted in new subdivisions or land developments except where essential to reasonable subdivision or development of a tract in conformance with the other requirements and standards of this chapter and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.
8. 
Wherever a tract to be subdivided or developed borders an existing half or partial street, the entire street shall be shown on the plan.
9. 
Dead-end streets shall be prohibited, except as stubs (with adequate turning capability) to permit future street extension into adjoining tracts, or when designed as culs-de-sac.
10. 
New reserve strips, including those controlling access to streets, shall be forbidden.
11. 
Where adjoining areas are not subdivided, the arrangement of streets in a proposed subdivision or land development shall be mode to provide for the proper projection of streets into the unsubdivided land.
12. 
Street names shall be coordinated with existing or platted street names, and if a new street is a continuation of or is aligned with an existing or platted street, it shall bear the same name as the existing or platted street.
13. 
No street shall be laid out or opened which extends to or crosses any boundary between the Borough of Forty Fort and any other municipality except with the specific approval of Council and upon such condition as Council may impose. If the street is proposed to serve a commercial area, an industrial area or a residential area of 50 dwelling units or more, located in another municipality, the street shall not be approved unless the area is also serviced by a street in the other municipality and unless the relevant traffic facilities of the Borough of Forty Fort are adequate to handle the anticipated volume.
14. 
All streets shall have a uniform width throughout their respective lengths except where otherwise required by Council pursuant to § 22-504, Subsection 2A.
15. 
Guide rail shall be installed when all of the following conditions exist:
A. 
The embankment slope exceeds 2 1/2:1.
B. 
The top of the slope is within five feet of the right-of-way line.
C. 
The vertical height of the embankment, measured from the edge of pave to the bottom of embankment exceeds 10 feet or where required by the Pennsylvania Department of Transportation Design Manual No. 2.
16. 
Where guide rail is required it shall be installed in accordance with PennDOT Publication 408.
[Ord. 1994-4, 4/4/1994, § 504]
1. 
Street Classification.
A. 
Three functional classifications are hereby established for the streets and roads in the Borough of Forty Fort:
(1) 
Arterial. This classification includes highways which provide intra-county or intermunicipal traffic of substantial volumes where the average trip lengths are usually five miles or greater. Generally, these highways should accommodate operating speeds of 35 to 55 miles per hour.
(2) 
Collector. This classification is intended to include those highways which connect local access highways to arterial highways. They may serve intra-county and intra-Borough traffic. They may serve as traffic corridors connecting residential areas with industrial, shopping and other service. They may penetrate residential areas. Generally, these highways will accommodate speeds of 35 miles per hour.
(3) 
Local Access. This classification is intended to include streets and roads that provide direct access to abutting land and connections to higher classes or 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.
2. 
Right-of-Way Widths.
A. 
Minimum widths for each type of public street shall be as follows:
Type of Street
Right-of-Way Width
Cartway Width
Arterial
80' - 120'
46'
Collector
60'
34'
Local Access
50'
25'
B. 
Where a proposed subdivision abuts or contains an existing public street or road having a right-of-way width less than would be required if said street or road were created under this chapter, sufficient additional width for right-of-way shall be provided and dedicated to meet the foregoing standards.
C. 
Additional right-of-way and cartway widths may be required by Council to promote public safety and convenience when special conditions require it and to provide parking space in areas of intensive use.
3. 
Cul-de-Sac Streets.
A. 
Cul-de-sac streets, whether permanent or temporary, shall be provided at the closed end with a turnaround having a minimum radius to the edge of the finished street or curb line of not less than 40 feet paved radius and fifty-foot radius right-of-way. The cul-de-sac shall have a paved diameter of 80 feet. The right-of-way diameter shall be 100 feet.
B. 
Unless future extension is clearly impractical or undesirable, the turnaround right-of-way shall be placed adjacent to a property line and a right-of-way of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining tract. At such time as such a street is extended, the overage created by the turnaround outside the boundaries of the extended street shall revert in ownership to the property owners fronting on the cul-de-sac turnaround.
C. 
Commercial and industrial culs-de-sac shall be reviewed for adequacy by the Borough Engineer. His recommendations will be given to the Council who shall have final authority in this matter.
D. 
Permanent cul-de-sac streets shall be kept to a minimum and shall not exceed 600 feet in length.
4. 
Street Alignment.
A. 
Whenever street lines are deflected, connection shall be made by horizontal curves.
B. 
The minimum radius at the center line for horizontal curves shall conform to the requirements of "A Policy on Geometrics Design of Highways and Streets," latest edition by American Association of State Highways and Transportation Officials.
C. 
On local access streets, the minimum tangent between reverse curves shall be at least 50 feet; on collector streets the minimum tangent shall be at least 150 feet; and on arterial streets the minimum tangent shall be at least 250 feet.
D. 
Minimum vertical sight distance shall conform to the requirements of "A Policy on Geometrics Design of Highways and Streets," latest edition by American Association of State Highways and Transportation Officials.
5. 
Street Grades.
A. 
The minimum street grade on all streets shall be 1/2%.
B. 
The maximum grades shall conform to the requirements of "A Policy on Geometrics Design of Highways and Streets," latest edition by American Association of State Highways and Transportation Officials, but in no case greater than 12%.
C. 
Vertical curves shall be used in changes of grade exceeding 1% and shall provide proper sight distances as specified herein above.
6. 
Street Intersections.
A. 
Local streets shall not interfere with collector or arterial streets on the same side at intervals of less than 800 feet as measured from center line to center line.
B. 
The distance between center lines of streets opening onto the opposite side of a proposed or existing street shall be not less than 150 feet unless the streets are directly opposite each other.
C. 
Multiple intersections involving the junction of more than two streets shall be avoided. Where this proves impossible, such intersections shall be designed with extreme care for both pedestrian and vehicular safety.
D. 
Streets shall be all laid out to intersect as nearly as possible at right angles. Local streets shall not intersect collector or arterial streets at an angle of less than 75°. The intersection of two local streets shall not be at an angle of less than 60°.
E. 
Minimum curb radius at the intersection of two local streets shall be at least 20 feet; and, a minimum curve radius at an intersection of a local street and a collector or arterial street shall be at least 25 feet.
F. 
There shall be provided and maintained at all intersections clear sight triangles of 75 feet in all directions measured along the center line from the point of intersection. Nothing which obstructs the vision of a motorist shall be permitted in this area.
G. 
Intersections shall be designed with a flat grade wherever practical. Where the grade of any street at the approach to an intersection exceeds 7%, a leveling area shall be provided having a grade of not greater than 4% for a distance of 25 feet measured from the nearest right-of-way line of the intersecting street.
7. 
Pavement Design.
A. 
All components of the pavement structure shall be designed and constructed in accordance with Pennsylvania Department of Transportation Specifications, Form 408.
B. 
Minimum Requirements. The following shall be considered to be minimum standards for street construction in the Borough of Forty Fort:
Alternates
Type
Thickness
Rigid
Plain Cement
6 inches
Pavement
Subbase
6 inches
Local Streets
Flexible Pavements Surface
ID-2
1 1/2 inches
Base
ID-2
3 1/2 inches
Subbase
Crushed Aggregate
6 inches
Collector Street
Surface
ID-2
1 1/2 inches
Base
Bituminous Concrete
4 1/2 inches
Subbase
Crushed Aggregate
6 inches
Arterial Streets. Shall be designed using the approved PennDOT method, and California bearing ratio tests.
8. 
Alleys and Driveways.
A. 
Alleys are prohibited in residential developments.
B. 
Driveways serving properties located adjacent to an intersection shall be offset from the intersection of the curb line a distance not less than the required setback dimension.
[Ord. 1994-4, 4/4/1994, § 505]
1. 
Curbs.
A. 
Curbs shall be provided on all streets and parking compounds located within multi-family and apartment building developments. Curbs shall also be required on new streets in subdivisions or land developments.
B. 
All curbs shall be depressed at intersections to sufficient width to accommodate wheelchairs. Depression shall be in line with sidewalks where provided.
C. 
Curbs shall be the vertical type eight inches by 18 inches in accordance with PennDOT standards for roadway construction.
D. 
All curbs shall be constructed of Portland cement concrete with expansion joints every 20 feet and shall follow PennDOT standards where applicable.
2. 
Sidewalks.
A. 
Sidewalks shall be provided on all streets and parking compounds located within multi-family and apartment building developments. Sidewalks shall also be required on new streets in subdivisions or land developments in which average lot width of interior lots at the required building setback line in 100 feet or less. The requirement of sidewalks may be waived at the discretion of Council.
B. 
Minimum widths for sidewalks along each type of public street shall be four feet, and shall follow PennDOT specifications where applicable.
[Ord. 1994-4, 4/4/1994, § 506; as amended by Ord. 2009-8, 12/7/2009]
1. 
Lots shall be laid out and graded to provide drainage away from buildings. Council may require a grading and drainage plan for individual lots indicating a buildable area within each lot, complying with the setback requirements, for which positive drainage is assured.
2. 
No person, corporation or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or water coarse without having obtained prior approval from the Borough of Forty Fort or Department of Environmental Protection, whichever is applicable.
3. 
Where a subdivision or land development is traversed by a natural watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such widths as will be adequate to preserve natural drainage.
4. 
The Borough of Forty Fort will assure that all permanent streams, not under the jurisdiction of other official agencies, are maintained opened and free flowing.
5. 
The subdivider or developer, and each person, corporation or other entity which makes any surface changes shall be required to:
A. 
Collect on-site surface runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area.
B. 
Design drainage facilities to handle runoff from upstream areas, assuming full development of those areas, based upon the comprehensive plan for the Borough of Forty Fort.
C. 
Design, construct, and/or install such drainage structures and facilities are necessary to prevent erosion damage to the subdivision or land development, adjacent property and downstream property. Such structures and facilities shall satisfactorily convey such surface waters to the nearest practical street, storm drain, detention pond or natural water course.
6. 
Storm sewers, culverts and related installations shall be provided to permit unimpeded flow of natural water courses, to drain all low points along streets, and to intercept storm water runoff along streets at intervals reasonably related to the extent and grade of the area drained.
7. 
Storm sewers, as required, shall be placed in front of the curb or curb line when located in a street right-of-way. When located in undedicated land, they shall be placed within an easement not less than 15 feet wide, as approved by the Borough Engineer, who may require additional width of easement as circumstances warrant.
8. 
Street drainage will not be permitted to cross intersections or the crown of the road.
A. 
Maximum spacing of inlets shall not exceed 400 feet.
B. 
All street inlets shall be PennDOT Type C or M. Inlet tops shall be structural steel.
C. 
All culvert ends shall be provided with either reinforced concrete headwalls or pipe end sections.
D. 
Minimum pipe size shall be fifteen-inch diameter reinforced concrete pipe.
E. 
When material for storm drain systems is not specified, PennDOT specifications will govern.
F. 
All storm pipe installed in any new subdivision or land development will be Class III pipe (R.C.C.P.) reinforced concrete pipe.
9. 
All springs and sump pump discharges shall be collected so as not to flow in the streets.
10. 
Stormwater roof drains shall not discharge water directly over a sidewalk.
11. 
Stabilized outlets shall be provided for footer drains, floor drains and downspouts.
12. 
The soils cover complex method of the Soil Conservation Service of the U.S. Department of Agriculture shall be used as the primary means of estimating stormwater runoff.
13. 
The rational method may be used for analysis of storm sewer systems and for stormwater management facilities in minor subdivisions.
14. 
Where the estimated runoff based upon the above methods is doubtful, several recognized methods should be studied and compared.
15. 
The minimum design criteria shall be a ten-year storm. Higher frequency conditions shall be used in sensitive areas and where an overflow would endanger public or private property.
16. 
Runoff calculations must include complete hydrologic and hydraulic design and analysis of all control facilities.
17. 
Control Facilities.
A. 
Permanent control measures/facilities shall be designed to assure that the maximum rate of stormwater runoff is not greater after development than prior to development for a ten-year storm frequency. More stringent criteria may be required in sensitive areas where storm water problems presently exist.
B. 
Control facilities shall be designed to meet, as a minimum, the design standards and specifications of the "Erosion and Sedimentation Control Handbook for Luzerne County."
(1) 
Detention ponds may be waived by Council on the recommendation of the Borough Engineer at sites in close proximity to the major streams. This is to facilitate drainage prior to stream flooding.
(2) 
In areas underlain with limestone geology, ponds shall be limited to the detention (dry) type unless the developer can show a special need for a retention pond, in which case it shall have a lining. Detention ponds shall be prohibited in areas of known sinkholes unless the pond is lined. If a sinkhole develops in a pond or channel before acceptance by the Borough, a lining shall be required.
(3) 
Any ponds with slopes steeper than three to one shall be fenced with a six-foot fence with a type subject to approval by the Borough.
(4) 
Detention ponds shall be provided with emergency spillways capable of passing runoff produced by a fifty-year storm. Higher frequency storm emergency spillways may be required for areas where downstream flooding will imperil life of property or adversely affect the environment. The Borough Engineer shall determine if a higher frequency storm design is required.
C. 
A maintenance program for control facilities must be included as part of the grading and drainage plan.
(1) 
Maintenance during development activities of a project shall be the responsibility of the contractor, developer, and owner.
(2) 
Arrangement for maintenance or permanent control facilities after completion of development activities shall be made before approval of final plans is given by Council.
(3) 
In cases where permanent control facilities are owned by an entity, it shall become the responsibility of that entity to maintain control facilities (e.g., homeowners association). In such cases a legally binding agreement between the owner and the Borough of Forty Fort shall be made providing for maintenance of all permanent erosion control facilities, including inspection by the Borough of Forty Fort.
[Ord. 1994-4, 4/4/1994, § 507]
1. 
Blocks and lots shall be graded to provide proper drainage away from buildings and to prevent the collection of stormwater in pools. Minimum 1% slopes away from structures shall be required.
2. 
Lot grading shall be of such design as to carry surface waters to the nearest practical street, storm drain, or natural water course. Where drainage swales are used to deliver surface waters away from buildings, their grade shall not be less than 1% nor more than 4%. The swales shall be sodded, planted or lined as required. A grading and draining plan shall be required for all subdivisions and land developments, except minor subdivisions.
3. 
No final grading shall be permitted with a cut face steeper in slope than two horizontal to one vertical except under one or more of the following conditions:
A. 
The material in which the excavation is made is sufficiently stable to sustain a slope of steeper than two horizontal to one vertical, a written statement of a civil engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, to that effect is submitted to the Borough Engineer and approved by him. The statement shall state that the site has been inspected and that the deviation from the slope specified hereinbefore will not result in injury to persons or damage to property.
B. 
A concrete or stone masonry wall constructed according to sound engineering standards for which plans are submitted to the Borough Engineer for review and approval is provided.
4. 
No final grading shall be permitted which creates any exposed surface steeper in slope than two horizontal to one vertical except under one or more of the following conditions.
A. 
The fill is located so that settlement, sliding or erosion will not result in property damage or be hazardous to adjoining property, streets, alley or buildings.
B. 
A written statement from a civil engineer, licensed by the Commonwealth of Pennsylvania and experienced in erosion control, certifying that he has inspected the site and that the proposed deviation from the slope specified above will not endanger any property or result in property damage, is submitted to and approved by the Borough Engineer.
C. 
A wall is constructed to support the face of the fill.
5. 
The top or bottom edge of slopes shall be a minimum of three feet from property or right-of-way lines of street or alleys in order to permit the normal rounding of the edge without encroaching on the abutting property. All property lines, where walls or slopes are steeper than one horizontal to one vertical and five feet or more in height shall be protected by a protective fence no less than three feet in height approved by the Borough Engineer.
6. 
All lots must be kept free of any debris or nuisances whatsoever.
[Ord. 1994-4, 4/4/1994, § 508]
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 requirement of the Borough of Forty Fort, the topography of the land being subdivided, and the requirements for safe and convenient vehicular and pedestrian circulation.
2. 
Unless the topography of the land being subdivided or the existing pattern of development in the immediately adjacent area shall be otherwise than herein required, the following minimum standards for the design and size of blocks and lots shall prevail:
A. 
Blocks shall not exceed 1,600 feet in length, nor be less than 500 feet in length.
B. 
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 designs.
C. 
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 paved for width 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.
D. 
Blocks for commercial and industrial areas may vary from the elements of designed contained in this section if the nature of the 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.
E. 
Lot lines intersecting street lines shall be substantially at right angles or radial to street lines.
F. 
Lots shall, in general, front on a street which has already been dedicated to the Borough of Forty Fort, or which the subdivider or developer proposes to dedicate to the Borough of Forty Fort in connection with the approval of final plans. In commercial or industrial subdivisions or land developments where access is proposed to be provided by private streets within the subdivision or land development, this requirement may be waived by Council.
G. 
The Borough of Forty Fort shall assign house numbers to each lot within a subdivision.
H. 
Minimum lot sizes shall be in accordance with the Borough Zoning Ordinance [Chapter 27].
I. 
Remnants of land, smaller than required for a lot, shall not be permitted within any subdivision. Such remnants shall be incorporated in existing proposed lots, or dedicated to public use if acceptable to Council.
J. 
Double frontage lots are prohibited except in accordance with Subsection 2B above.
[Ord. 1994-4, 4/4/1994, § 509]
1. 
It is the policy of the Borough of Forty Fort that all subdivided lands shall have immediate access to a public street. Because of unique property configuration and location, this Borough recognizes the need for limited expectations on the foregoing general policy.
2. 
No subdivision will be approved on a private street or road if more than two lots already front on such street or road or if after subdivision more than two lots will front on such private street or road.
[Ord. 1994-4, 4/4/1994, § 510]
1. 
In order to promote the highest environmental quality possible, the degree to which the applicant of a subdivision or land development plan has preserved existing salient natural features and land forms intrinsic to the site, shall be assessed. Terms of approval of a plat may be subject to the manner in which the layout or design of the plan has preserved existing natural features, such as, but not limited to, trees, wooded areas and water course.
2. 
Open Space. Where the applicant is offering for dedication, or is required by ordinance to establish a reservation of open space or preserve an area of scenic or historic importance, a "limit of work," which will confine excavation, earth moving procedures and other changes to the landscape, may be required to ensure preservation and prevent despoilation of the character of the area in open space.
3. 
Tree Preservation. Whenever possible, trees shall not be removed unless they are located within the proposed street right-of-way, within the proposed building area, or within utility locations and equipment access areas. In areas where trees are retained, the original grade level shall be maintained, if possible, so as not to disturb the trees.
4. 
Topsoil Preservation. All of the topsoil from areas where cuts and fills have been made should be stockpiled and redistributed uniformly after grading. All areas of the site shall be stabilized by seeding or planting on slopes of less than 10% or more and planted in ground cover on slopes 20% or greater.
5. 
Landscaping. For all multi-family, apartment, office, commercial and industrial subdivisions or land developments, a landscaping plan shall be provided and shall include sufficient planting for the required open space, planting strips, screenings, formal gardens, shade trees and natural barriers.
6. 
Buffer Planting Requirements. Buffer yard requirements should be as specified in the Borough Zoning Ordinance [Chapter 27].
7. 
Preserved Landscaping. When there is a conscientious effort to preserve the existing natural integrity and character of a site and where such preservation effectuates areas of woodlands and trees comparable to required planting improvements, i.e., landscaping and buffer screening, the plan may be received in lieu of additional landscaping requirements.
8. 
Trees. The planting of trees within the street right-of-way line shall not be permitted without permission of the Shade Tree Commission. The planting of any trees within the private property of each residential lot shall be at the discretion of the property owner or developer.
9. 
Watercourse Protection. Where a subdivision or land development is traversed by a natural watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage. Such easement shall be in addition to the open space required in Subsection 2.
[Ord. 1994-4, 4/4/1994, § 511; as amended by Ord. 2009-8, 12/7/2009]
1. 
It is the policy of this Borough of Forty Fort to provide recreational facilities for all residents of the Borough of Forty Fort. Centralized facilities are preferred over local neighborhood facilities. New and additional facilities are required in direct proportion to increase in population. Developers causing increases in population by new residences must share in the cost of additional recreational facilities.
2. 
A contribution for recreation purposes in an amount as established from time to time by resolution of Borough Council shall be made by the developer, payable upon and as a condition of obtaining final subdivision plan approval.
3. 
The requirements of Subsection 2 shall be noted upon the final subdivision plan, which notation shall be deemed not to constitute a lien or encumbrance on the title of the land.
4. 
All monies paid to the Borough of Forty Fort in this manner shall be kept within the general fund of the Borough. Monies in said fund will be combined for investment purposes but shall be used only for the acquisition of land or capital improvements for open space and park and recreation purposes.
5. 
The foregoing provisions of this section shall not apply to any subdivision for which a preliminary plan has been approved by this Borough of Forty Fort before the effective date of this chapter which provides for active recreational facilities (i.e., swimming pool, tennis courts, baseball/softball fields, etc.) as distinguished from passive recreational facilities (i.e., yards, open play fields, walking trails, etc.), it being the intention of this Borough of Forty Fort to extend a credit against the monetary contribution above provided to any developer who has heretofore planned to provide active recreational facilities agreeable to the Borough of Forty Fort.
[Ord. 1994-4, 4/4/1994, § 512; as amended by Ord. 2009-8, 12/7/2009]
1. 
General Purpose.
A. 
The Council finds that the minimization of erosion and control of sedimentation in connection with land development and subdivision are in the public interest, affecting public health, safety and welfare, and therefore those regulations governing erosion control and sedimentation control are necessary for the Borough of Forty Fort.
B. 
No changes shall be made in the contour of the land, no grading, excavating, removal or destruction to the topsoil, trees or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been processed with and reviewed by the Borough Engineer and/or Luzerne County Soil and Water Conservation District, or there has been a determination by the above entities that such plans are not necessary.
C. 
No subdivision or land development plan shall be approved unless: (1) there has been an erosion and sedimentation control plan approved by Council that provides for minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable securities are deposited with the Borough of Forty Fort in form of an escrow guarantee which will ensure installation and completion of the required improvements; or (2) there has been a determination by Council that a plan for minimizing erosion and sedimentation is not necessary.
D. 
Where not specified in this chapter, measures used to control erosion and reduce sedimentation shall as a minimum meet the standards and specifications of the Luzerne County Soil and Water Conservation District. The Borough Engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, copies of which are available from the Soil and Water Conservation District.
2. 
Performance Principles. The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:
A. 
Stripping of vegetation, regrading, or other development shall be done in such a way that will prevent all but minor erosion.
B. 
Development plans shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
C. 
Whenever feasible, natural vegetation shall be retained, protected and supplemented.
D. 
The disturbed area and the duration of exposure shall be kept to a practical minimum.
E. 
Disturbed soils shall be stabilized as quickly as practicable.
F. 
Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.
G. 
The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.
H. 
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be structurally retarded.
I. 
Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.
3. 
Grading for Erosion and Other Environmental Controls. In order to provide suitable sites for building and other uses, improve surface drainage, and control erosion, the following requirements shall be met:
A. 
Streets shall be improved to a mud-free or otherwise permanently passable condition as one of the first items of work done on a subdivision or development. The wearing surface shall be installed in accordance with § 22-504, Subsection 7, and as approved in the final plan.
B. 
Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills, by installation of temporary or permanent drainage across or above these areas.
C. 
Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
D. 
Fills placed adjacent to watercourses shall have suitable protection against erosion during periods of flooding.
E. 
During grading operations, necessary measures for dust control will be exercised.
F. 
Grading equipment will not be allowed to enter into flowing streams. Provision will be made for the installation of temporary or permanent culverts or bridges.
4. 
Responsibility.
A. 
Whenever sedimentation damage is caused by stripping vegetation, grading or other development, it shall be the collective responsibility of the land developer and subdivider, and of the contractor, person, corporation and other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible.
B. 
Maintenance of all erosion and sedimentation control facilities during the construction and development period is the responsibility of the land developer or subdivider.
C. 
It is the responsibility of any developer or subdivider, and any person, corporation, or other entity doing any act on or across a communal stream, watercourse or swale, or upon the floodplain or right-of-way, to maintain as nearly as possible in its present state the stream, watercourse, swale, floodplain or right-of-way during the pendency of the activity to return it to its original or equal condition after such activity is completed.
D. 
The subdivider or land developer shall provide and install, at his expense, in accordance with Borough requirements, all drainage and erosion control improvements (temporary and permanent) shown of the erosion and sediment plan.
5. 
Compliance with Regulations and Procedures.
A. 
Council, in their consideration of all preliminary plans of subdivision and land development, shall condition its approval upon the execution of erosion and sediment control measures as contained in Subsections 2 and 3 hereof.
B. 
The installation and design of the required erosion and sediment control measures shall be in accordance with standards and specification of the Luzerne County Soil and Conservation District.
6. 
Stream Channel Construction. Stream channel construction on watersheds with drainage areas in excess of 1/2 square mile, or in those cases where downstream hazards exist, will conform to criteria established by the Pennsylvania Department of Environmental Protection.
[Ord. 1994-4, 4/4/1994, § 513; as amended by Ord. 2009-8, 12/7/2009]
1. 
Purpose. The specific purposes of these special provisions are:
A. 
To regulate the subdivision or development of land within any designated floodplain area in order to promote the general health, welfare and safety of the community.
B. 
To require that each subdivision lot in flood prone areas be provided with a safe building site with adequate access; and that public facilities which serve such uses be designed and installed to preclude flood damage at the time of initial construction.
C. 
To prevent individuals from buying lands which are unsuitable for use because of flooding by prohibiting the improper subdivision or development of unprotected lands within the designated floodplain districts.
2. 
Abrogation and Greater Restrictions. To the extent that this imposes greater requirements or more complete disclosure than any other provision of this chapter, in any respect, or to the extent that the provisions of this are more restrictive than such other provisions, it shall control such other provisions of this chapter.
3. 
Disclaimer of Municipal Liability. The grant of a permit or approval of a plan for any proposed subdivision or land development to be located within any designated floodplain area shall not constitute a representation, guarantee, or warranty of any kind by the Borough of Forty Fort or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Borough of Forty Fort, its officials, employees or agents.
4. 
Application Procedures and Requirements.
A. 
Pre-application Procedures.
(1) 
Prior to the preparation of any plans, it is suggested that prospective developers consult with the Pennsylvania Department of Environmental Protection concerning soil suitability when on-site sewage disposal facilities are proposed.
(2) 
Prospective developers shall consult the County Conservation District representative concerning erosion and sediment control and the effect of geologic conditions on the proposed development. At the same time, a determination should be made as to whether or not any flood hazards either exist or will be created as a result of the subdivision or development.
B. 
Preliminary Plan Requirements. The following information shall be required as part of the preliminary plan and shall be prepared by a registered engineer or surveyor:
(1) 
Name of engineer, surveyor, or other qualified person responsible for providing the information required in this section.
(2) 
A map showing the location of the proposed subdivision or land development with respect to any designated floodplain area, including information on, but not limited to, the one-hundred-year flood elevations, boundaries of the floodplain area or areas, proposed lots and sites, fills, flood or erosion protective facilities, and areas subject to special deed restrictions.
(3) 
Where the subdivision or land development lies partially or completely within any designated floodplain area, or where the subdivision or land development borders on a floodplain area, the preliminary plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall also show contours at intervals of five feet, and shall identify accurately the boundaries of the floodplain areas.
(4) 
Such other information as in required by this chapter.
C. 
Final Plan Requirements. The following information shall be required as part of the final plan and shall be prepared by a registered engineer or surveyor:
(1) 
All information required for the submission of the preliminary plan incorporating any changes requested by Council.
(2) 
A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any designated floodplain area. All such maps shall show contours at intervals of five feet within the floodplain area and shall identify accurately the boundaries of the flood-prone areas.
(3) 
Submission of the final plan shall also be accompanied by all required permits and related documentation from the Department of Environmental Protection, and any other commonwealth agency, or local municipality where any alteration or relocation of a stream or watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified in advance of the proposed alteration or relocation. The Department of Community and Economic Development, and the Federal Insurance Administration shall also be notified in advance of any such proposed activity, and proof of such notification shall be submitted in advance of the Planning Commission meeting at which such plan is to be considered.
5. 
Design Standards and Improvements in Designated Floodplain Areas.
A. 
General.
(1) 
Where not prohibited by this or any other laws or ordinances, land located in any designated floodplain area 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.
(2) 
No subdivision or land development, or part thereof, shall be approved if the proposed development or improvements will, individually or collectively, increase the one-hundred-year flood elevation more than one foot at any point.
(3) 
Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any floodway area. Sites for these used may be permitted outside the floodway area in a floodplain area if the lowest floor (including basement) is elevated to the regulatory flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend laterally for a distance of at least 15 feet beyond the limits of the proposed structures and access shall meet the requirements of paragraph .C herein below.
(4) 
Building sites for structures or building other than for residential uses shall not be permitted in any floodway area. Sites for such structures or buildings outside the floodway in a floodplain area shall be protected as provided for in paragraph .A(3) above. However, Council may allow the subdivision 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 flood-proofed to the regulatory flood elevation.
(5) 
If Council determines that only a part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.
(6) 
When a developer does not intend to develop the plat himself and Council determines that additional controls are required to insure safe development, they may require the developer to improve appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.
B. 
Drainage Facilities.
(1) 
Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites.
(2) 
Plans shall be subject to the approval of Council. Council may require a primary underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local, County and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.
C. 
Streets and Driveways. The finished elevation of proposed streets and driveways shall not be more than one foot below the regulatory flood elevation. Profiles and elevations of streets and driveways to determine compliance with this requirement and as required by other provisions of this chapter shall be submitted with the final plan. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
D. 
Sewer Facilities. All water systems located in any designated floodplain area, whether public or private, shall be flood-proofed up to the regulatory flood elevation.
E. 
Water Facilities. All water systems located in any designated floodplain area, whether public or private, shall be flood-proofed up to the regulatory flood elevation.
F. 
Other Utilities and Facilities. All other public or private utilities and facilities, including gas and electric, shall be elevated or flood-proofed up to the regulatory flood elevation.