[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.
[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.
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.
| ||||
[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.
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.
[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:
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.
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.
