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Borough of Franklin Park, PA
Allegheny County
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Table of Contents
Table of Contents
A. 
The following standards, land development principles and requirements shall be applied by the Borough Council in evaluating all submitted plans for proposed subdivisions and land developments.
B. 
The standards and requirements outlined in this article shall be considered minimum standards and requirements for the promotion of the public health, safety, morals and general welfare.
C. 
Whenever federal, state or other local regulations impose more restrictive standards and requirements than those outlined in this article, such other regulations shall control.
D. 
Any public improvement or related items not specifically addressed in this chapter shall be governed by the then-current specifications and standards of the Pennsylvania Department of Transportation.
Related zoning requirements and subdivision standards shall in all cases be enforced. If a zoning requirement and subdivision standard should conflict, then in all instances the zoning requirements shall govern. In addition, the following principles of subdivision and land development, general requirements and minimum standards of design shall be observed by the applicant in all instances:
A. 
All portions of a tract being subdivided shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.
B. 
When only a portion of a tract is being reviewed, but where future subdivision or development is possible, the applicant shall demonstrate that the remainder of the tract or parcel may be subdivided or developed in conformance with existing zoning provisions and this chapter by submitting a sketch as a condition of plan approval.
C. 
Whenever possible, the applicant shall preserve trees, groves, waterways, scenic points, historic sites, buildings and other community assets and landmarks, according to the provisions contained in this chapter.
D. 
Subdivision and land developments shall be laid out so as to avoid the necessity for excessive cut or fill and in conformance with the Franklin Park Borough Grading Ordinance (Chapter 124).
E. 
No building or structure shall be constructed on low-lying land which is identified as flood-prone by NFIA or is subject to annual flooding or upon land which is naturally poorly drained unless remedial measures are implemented. The provisions of § 212-1503, Floodplain protection, shall apply in this instance.
F. 
Where no public water supply is available to serve the subdivision or land development, the Borough Council shall, prior to final approval, require the subdivider, developer or builder to obtain from the DEP certificates of approval as to the quality and adequacy of the water supply proposed and approval of the type and construction methods to be employed in the installation of the individual water supply system, in accordance with current Commonwealth of Pennsylvania regulations.
G. 
Where the subdivision or land development is inaccessible to sanitary sewers, the Borough Council shall, prior to final approval, require the subdivider, developer or builder to obtain certificates of approval for the sewage facilities to be provided in accordance with current county and commonwealth regulations. If the proposal is for a package treatment system, the Borough Council shall require the applicant to obtain certificates of approval from the Pennsylvania DEP and Public Utilities Commission, as applicable.
H. 
Proposed subdivision and land developments shall be coordinated with the existing nearby neighborhood, whether or not within the Borough, so that the community as a whole may develop harmoniously through the continuation of streets, provision of landscape buffers, pedestrian access and other techniques.
I. 
Permanent monuments.
(1) 
Permanent monuments shall be set accurately and established at:
(a) 
Intersections of all outside boundary lines of the plat.
(b) 
Intersections of those boundary lines with all street lines.
(c) 
Diagonally opposite corners of each street intersection.
(d) 
The beginnings and ends of all curves.
(e) 
Points on curves where the radius or direction changes.
(f) 
Other points as are necessary to establish all lines of the plan definitely, except those outlining individual lots.
(2) 
In general, permanent monuments shall be placed at all critical points necessary to lay out correctly any lot in the subdivision.
(3) 
Concrete monuments, cast in place or precast, shall be at least 30 inches long, have a flat top, be round or square, be at least six inches in diameter and be tapered such that the bottom dimensions are at least two inches larger than the top. The actual point may be a three-eighths-inch-diameter brass pin four inches long, a cross cut, a tack-in lead or a solid brass or aluminum mark with a minimum head diameter of 1 3/8 inches with a ribbed shank at least two inches long. Monuments made of steel reinforcing rods shall be at least 3/4 inch in diameter. Copper-weld monument rods shall have a minimum head diameter of 1 1/2 inches with a minimum shank dimension of 5/8 inch. Aluminum monuments shall be a two-and-three-eighths-inch-diameter pipe or three-fourths-inch-diameter rod as manufactured by Bernsten, or an approved equivalent.
A. 
In reviewing subdivision or land development plans, the Borough may refer such plans to the Borough Engineer, Allegheny County Department of Economic Development, and such other agencies as may be appropriate for recommendations concerning the adequacy of existing and proposed community facilities to serve the additional users proposed by the subdivision or land development.
B. 
The subdivider, developer or builder shall, where specified by the Borough Council, construct and install at no expense to the Borough the streets, curbs, sidewalks, water mains, sanitary and storm sewers, streetlights, signs, shade trees, fire hydrants, monuments, lot pins, surface water detention areas, ground cover, utilities and other items specified in this chapter. The construction and installation of such facilities and utilities shall be subject to inspection by appropriate Borough officials during the progress of the work.
C. 
Areas provided or reserved for community facilities shall be adequate to provide for building sites, landscaping, off-street parking or other uses as appropriate to the use proposed. The Borough Council reserves the right to accept or refuse offers of dedication for public use.
D. 
Applicants are requested to give careful consideration to the desirability of providing adequate rights-of-way and paving on existing streets and reserving areas and easements for facilities normally required in residential areas, including private recreation and sanitary sewer facilities in those areas that cannot be immediately joined to the existing stormwater, water and sanitary sewer systems of the Borough.
E. 
In developments where it is impractical to reserve areas for community facilities, the applicant should consider other ways of improving community facilities within the Borough and should submit such plans, in writing, to the Borough Council.
F. 
Land proposed to be reserved for public recreation and open space shall meet the standards of § 184-904 below.
[Amended 1-4-2016 by Ord. No. 628-2015]
A. 
General standards.
(1) 
The Borough has determined that, in order to promote the best interest of residents of the Borough and individuals working in the Borough, adequate and usable recreation open space shall be provided to serve the needs of the public at large. The Borough's goals of promoting and utilizing recreation open space are set forth at length in the Borough's Comprehensive Recreation, Park and Open Space Plan, as amended and updated. It is acknowledged and recognized that both residential and nonresidential uses of land in the Borough create a demand for facilities which require and utilize recreation open space. Nonresidential development, whether stand-alone or part of a mixed-use development, creates its own demands for usable recreation open space as individuals employed in the Borough couple their work activities with non-work recreational activities within the Borough. As a result of nonresidential development, there is also an influx of business invitees and others who, due to the proximity and availability of Borough recreation open space facilities, utilize and will in the future utilize recreation open space facilities. It is a vital Borough objective to ensure that, as residential and nonresidential development continue, usable and adequate recreation open space which meets the Borough's open space design standards is developed and that existing facilities located within recreation open space are maintained and upgraded as needed.
(2) 
In addition, the nonresidential recreation fees or dedication of land in lieu of fee set forth in this chapter shall not apply to public schools or buildings associated therewith, or to the Borough, any authority created by the Borough or any other Borough agency, on the basis that schools and local government agencies serve an overriding public interest which warrants an exemption from donation of land or nonresidential recreation fees.
(3) 
Finally, the Borough has established this dedication of land/recreation-fee-in-lieu-thereof requirement with the intent to promote the retention and utilization of recreation open space within the Borough for use by future inhabitants of new developments, including Borough residents and individuals employed in or visiting the Borough. The amount of the applicable fee or dedication requirement corresponds to the gross building size of the relevant nonresidential development and should bear a reasonable relationship to the typical expected increase in employee and business invitee traffic within the Borough and reduction of available recreation space within the Borough. In the event that the Borough staff determines, in its sole discretion, that application of the nonresidential recreation fee or dedication of land requirement would be grossly disproportionate to the impact of a nonresidential development and in violation of applicable Pennsylvania law, the Borough's staff shall be empowered to recommend any modification it deems necessary to carry out the intent of this chapter.
B. 
Mandatory dedication of recreation open space.
(1) 
As a condition precedent to final approval of any subdivision or land development intended for residential use, the developer shall dedicate for public use recreation open space meeting the design standards in this section or, upon agreement with the Borough, pay a fee in lieu of mandatory dedication.
(2) 
As a condition precedent to final approval of any land development intended for nonresidential use, the developer shall dedicate for public use recreation open space meeting the design standards in this section or, upon agreement with the Borough, pay a fee in lieu of mandatory dedication.
(3) 
The nonresidential recreation fees or dedication of land in lieu of fee set forth in this chapter shall not apply to de minimus nonresidential development. "De minimus" nonresidential development shall be defined as construction of a nonresidential building of 1,500 square feet or less of gross nonresidential building area.
(4) 
For residential developments, the applicant shall provide for a minimum of 0.056 acres of public recreation open space for each dwelling unit. For nonresidential developments, the applicant shall provide for a minimum contiguous area of public recreation open space equal to 5% of the total square feet of gross nonresidential building area.
(5) 
Within the area determined for residential developments by § 184-904B(4) above, at least 50% of the acreage shall be dedicated to the Borough for passive recreational purposes.
(6) 
Within the area determined for residential developments by § 184-904B(4) above, at least 20% of the acreage shall be dedicated to the Borough for active recreation open space. All such land proposed for active recreation open space shall be suitable for the use intended.
(7) 
The developer shall install facilities on the dedicated land that are appropriate to the needs of the inhabitants of the proposed subdivision or land development.
(8) 
The type of facilities proposed shall be subject to approval by Borough Council, upon recommendation of the Borough Recreation Board and the Borough Planning Commission. In determining the appropriateness of the facilities, Borough Council shall consider the safety of the general public and future liability and maintenance costs to the Borough.
(9) 
All land proposed for active recreation use shall be seeded and ready to be used for the purpose intended within 12 months of occupancy of the first dwelling unit or nonresidential building in that phase of the subdivision or land development.
(10) 
All development of active recreation open space shall be subject to the requirements of Section 509 of the Pennsylvania Municipalities Planning Code[1] for posting financial security to guarantee the completion of required public improvements.
[1]
Editor's Note: See 53 P.S. § 10509.
(11) 
The applicant or developer shall offer open space for recreation subject to approval by Borough Council and the execution of legal agreements between the applicant or developer and Borough Council for construction of recreational facilities on said land by the applicant or developer. Dedication and construction of facilities shall be subject to posting of the performance and maintenance bonds required for public improvements to be accepted by the Borough.
(12) 
The applicant or developer shall prepare a legal description with metes and bounds of the land being offered for dedication.
(13) 
The applicant may transfer open space by:
(a) 
Dedicating said recreation open space to the Borough.
(b) 
Dedicating said recreation open space to a land trust, acceptable to the Borough.
(c) 
Conveying ownership to the homeowners' association created under the terms of § 184-602F.
(14) 
A maintenance agreement to be recorded in the Allegheny County Department of Real Estate may be required by Borough Council for the ownership and management of any private recreational facilities and common open space. The Borough shall have the right to make annual inspection of any private recreational facilities and common open space and may institute the procedures for maintenance of such facilities authorized by Section 705(f) of the Pennsylvania Municipalities Planning Code, as now or hereafter amended.[2]
[2]
Editor's Note: See 53 P.S. § 10705(f).
(15) 
The plan for recording shall set forth the location of any open space, park or recreational land and shall reflect either the dedication or the method by which the perpetual administration and maintenance of the land and facilities is to be accomplished.
(16) 
A sign with a map identifying future recreational facilities or open space shall be prominently posted along the perimeter at public access points and other locations determined by the Borough. Said sign shall be visible, weatherproof, a minimum of six and a maximum of 32 square feet, and shall be exempt from Chapter 212, Zoning, sign ordinances.
C. 
Criteria for land to be dedicated to the Borough.
(1) 
The recreation open space provided shall be easily, safely and legally accessible from all areas of the development to be served, shall have safe ingress and egress and shall have a minimum of 100 feet of frontage on a public road. Land set aside for active recreational facilities shall be located within 2,000 feet of all inhabitants of the proposed development with no major physical impediments or barriers to cross.
(2) 
The recreation open space provided shall have suitable topography and soil conditions for use as a recreation area. At least 1/2 of any land proposed as open space shall be above the one-hundred-year-flood elevation. No area to be dedicated shall be comprised of wetlands.
(3) 
At least 1/2 of the area to be dedicated shall have slopes less than 10% which are suitable for active and passive recreation. Slopes greater than 10% shall be accepted for passive recreation only.
(4) 
The size, shape and location of the recreation open space provided shall be suitable for development as a park or parklet. No single side of a property with a rectangular configuration shall amount to more than 40% of the perimeter of the entire tract provided for recreational purposes.
(5) 
The recreation open space shall be easily accessible to essential utilities, including power, water, sewerage and telephone. If any of these facilities are placed underground, no part of them or their supportive equipment shall protrude above ground level, except as may be authorized by Borough Council after a determination that there will be no adverse impact on the health, safety or welfare of the general public.
(6) 
The finished grade of the recreation open space provided shall have a slope of 3% or less.
(7) 
Recreation open space dedicated to the Borough in each subdivision and land development shall be contiguous in order to avoid small, remote or unusable areas of recreation open space. Borough Council may waive, at its sole discretion, this contiguous acreage requirement.
D. 
Fees in lieu of mandatory dedication.
(1) 
Where the applicant or developer elects not to offer to dedicate recreation open space or Borough Council determines, after review, that as a result of size, shape, location, topography or other physical features of the recreation open space offered for dedication the setting aside of land for recreation open space as required by this section is impractical, not feasible or inconsistent with the goals of the Borough Comprehensive Recreation, Park, and Open Space Plan, the applicant or developer shall be required to pay a fee in lieu of dedication in order to finance the provision by the Borough of recreation open space and facilities for use by future inhabitants of the subdivision or land development.
(2) 
Standards for determining fair market value (FMV):
(a) 
Where a fee contribution is made in lieu of required land dedication, the value or amount of such contributions shall be based upon "fair market value" (FMV) of an acre of predevelopment land within the Borough at the time of the filing of the final plan with the Borough or the first final plan phase of a subdivision or land development plan consisting of multiple phases. Beginning in 2015, the FMV shall be set at $65,000 per acre. This amount shall be annually increased or decreased by the Consumer Price Index or by an average of recent predevelopment sales within the Borough, and the resulting FMV shall be included in the Borough's fee schedule, as adopted and amended by Council from time to time by resolution.
(b) 
If a subdivision and land development is planned in development phases over multiple years as permitted by this chapter, the approved FMV for a predevelopment acre shall be adjusted with each phased final plan submission to keep current with actual land value within the Borough.
(3) 
Determining the amount of fee in lieu of land dedication.
(a) 
Residential. The amount of fee to be paid in lieu of dedication of land for recreation open space shall be based on the formula ("N" x 0.056) x FMV = Total Fee, where "N" equals the number of dwelling units in the residential plan or phase, 0.056 represents the minimum number of acres of public recreation open space that an applicant must provide per § 184-904B(4), and where "FMV" is determined in § 184-904D(2)(a).
Examples:
Single-family residential development with 35 homes on 35 lots: 35 x 0.056 x $65,000 = $127,400 ($3,640 per dwelling unit)
Multifamily residential development with 100 dwelling units: 100 x 0.056 x $65,000 = $364,000 ($3,640 per dwelling unit)
(b) 
Nonresidential. The amount of fee to be paid in lieu of dedication of land for recreation open space shall be $1.20 multiplied by the total square feet of gross nonresidential building area rounded to the nearest square foot.
Example:
Nonresidential building with 1,000 square foot basement, 1,000 square foot first floor, and 500 square foot second floor: $1.20 x (1,000 + 1,000 + 500) = $3,000 total feet
(c) 
Mixed-use. In mixed development projects involving any combination of single-family, multifamily and/or nonresidential developments, the applicant shall calculate the recreation open space requirements for the residential portion first and then calculate the fee for the nonresidential development. The total fee shall be a combination of the residential fee and the nonresidential fee.
(4) 
The fee authorized by this section shall be payable at the time of application for a building permit and, upon receipt by the Borough, shall be deposited in the Borough Recreation Capital Reserve Fund under an interest-bearing account. All fees collected shall be clearly identified as to the plan from which they were collected and the specific recreational purpose accessible to the future inhabitants of the plan for which they are intended to be expended. Interest earned on such accounts shall become funds of that account. Funds from such accounts shall be expended only in properly allocable portions of the cost incurred for providing, acquiring, operating or maintaining park or recreational facilities. The Borough Manager shall maintain such financial records for the Recreation Capital Reserve Fund to show the source and disbursement of all revenues and ensure that moneys are expended in accordance with the requirements of Section 503(11) of the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10503(11).
(5) 
The fees in lieu of the provision of recreation open space shall be used, unless the person paying such fee shall agree otherwise, only for the purpose of providing, acquiring, operating or maintaining park and recreational facilities accessible to the subdivision or land development for which such fees are paid. Upon request of any person who paid any fee under this section, the Borough shall refund such fee, plus interest accumulated thereon from the date of payment, if the Borough has used the fee paid for a purpose other than the purposes set forth in Section 503(11) of the Pennsylvania Municipalities Planning Code.
A. 
General requirements. All streets shall comply with the standards specified in Subsection D below. All new and widened portions of existing rights-of-way intended for public use shall be dedicated to the Borough, and such dedication shall include a declaration that the dedication imposes no responsibility upon the Borough for acceptance of the dedication or for the improvement or maintenance of any dedicated facility until the dedication is accepted by ordinance. A similar offer of dedication shall be placed on the recorded plan for all county and commonwealth roads. All dedications are subject to final acceptance by Borough Council based on compliance with § 184-701F(1) and the following requirements:
(1) 
The proposed street pattern shall be related to existing streets and to such county and commonwealth road plans as have been duly adopted.
(2) 
Streets shall be arranged in a manner to meet with the approval of the Borough Council, considered in relation to both existing and planned streets, and located so as to allow proper development of surrounding properties. Secondary and through streets shall be connected with such existing streets and highways to form continuations thereof. Residential streets shall be laid out to discourage their use as secondary or through highways. A lot or portion of a lot located in one zoning district shall not be used as a driveway or private street to access an adjacent lot or portion of a lot in another zoning district if the use is not permitted as of right or as a conditional use in the zoning district in which the proposed driveway or private street will be located.
[Amended 12-20-2017 by Ord. No. 639-2017]
(3) 
Streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable grade, alignment and drainage.
(4) 
Streets shall be graded to the minimum conditions shown on the sections of Appendix F.[1] Provisions made for slopes beyond the ultimate right-of-way shall be in conformance with Borough standards as specified in this chapter.
[1]
Editor's Note: Appendix F is on file in the Borough offices.
(5) 
Access shall be given to all lots and portions of the tract in the subdivision and to adjacent unsubdivided territory by streets. Streets giving such access shall be improved to the limits of the subdivision. Remnants, reserve strips and landlocked areas shall not be created.
(6) 
New streets shall be laid out to continue existing streets at the existing right-of-way and cartway width or the minimum standards of the chapter, whichever is greatest.
(7) 
Dead-end streets are prohibited, unless designed as a cul-de-sac or designed as a stub street with a temporary turnaround for access exclusively to neighboring tracts, with no more than two lots taking access thereto.
(8) 
Continuations of existing streets shall be known by the same name. Names for new streets shall not duplicate or closely resemble names of existing streets in the Borough or zip code area serving the Borough. All street names shall be approved by the Borough Council and coordinated by the developer with the post office.
(9) 
Names for new streets are subject to the following restrictions.
(a) 
A private street must be named as a "lane."
(b) 
A Borough cul-de-sac or stub street must be named as a "court."
(c) 
All other Borough streets must be named as a "drive."
(10) 
No building, structure, fence, wall or other obstruction shall be located within the ultimate right-of-way of a street, except as allowed by the Borough Council.
(11) 
The dedication of half streets at the edges of a new subdivision is prohibited. If a half street already exists at the perimeter of an adjoining subdivision, the remaining half shall be provided by the proposed development, if in the opinion of the Borough Council the need is warranted.
(12) 
Where permitted by the Borough Council, private streets shall comply with the same design standards for public streets as prescribed in this chapter. Where a street not offered for dedication to public use is permitted, the Borough Council shall require the applicant to submit and record with the plan a copy of the agreement made with the Borough on his behalf and that of his heirs and assigns. The agreement must be signed by the Borough Solicitor as well as the Borough Council and must establish conditions under which a street may be later offered for dedication. The agreement shall stipulate that:
(a) 
The street shall conform to Borough standards as prescribed by this chapter, or the owners shall include with the offer of dedication sufficient money, as estimated by the Borough Engineer, to restore the street to comply with Borough standards. The applicant may propose a reduction of Borough standards for private streets serving three lots or less, subject to the review and recommendation of the Borough Engineer.
(b) 
The offer to dedicate the street shall be made only for the street as a whole.
(13) 
Access. Streets or driveways providing access to subdivision or land development plans shall comply with the following:
[Amended 12-20-2017 by Ord. No. 639-2017]
(a) 
Plans with 26 or fewer dwelling units shall have a minimum of one access to a public street.
(b) 
Plans with 27 to 40 dwelling units shall have a minimum of one access to a public street and one emergency access.
(c) 
Plans with more than 40 dwelling units shall have a minimum of two access points to a public street.
(d) 
The calculation of dwelling units shall include all existing and planned dwellings using the same access to an arterial street, collector street, or minor through street. New plans extending existing streets shall include existing dwellings in the calculation of dwelling units.
B. 
Street classifications. The street classifications listed in Subsection B(1) through (3) are to be used for all planned subdivisions. Existing streets have been classified as arterials, collectors or minors. (See Article 200 of Chapter 212, Zoning, for the specific definition of each classification.) New streets shall be classified according to their function as follows:
(1) 
Arterial street: a major street serving as a principal or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunications between large areas. This definition specifically includes Big Sewickley Creek Road, Ingomar Heights Road, Rochester Road, Brandt School Road, Reis Run Road, Nicholson Road, and Bayne-Wexford Road/Wexford-Bayne Road.
[Amended 11-20-2013 by Ord. No. 607-2013]
(2) 
Collector street: a street which carries traffic from minor streets to arterial or major streets, including the principal entrance streets of a development and the streets for circulation within such a development. This definition specifically includes McDevitt Road, Magee Road Extension, West Ingomar Road, Locust Road, Cole Road, Wexford Run Road, McAleer Road and Pine Creek Road.
(3) 
Minor street: a street predominantly serving as an access street to a particular lot or serving another minor function as subclassified below:
(a) 
Residential streets. Residential streets shall be those streets which are used to provide access to properties and connect with other residential streets and/or streets of a higher classification.
(b) 
Marginal access streets. Marginal access streets are streets which are parallel and adjacent to an arterial street and which provide access to abutting properties and separation from through traffic. They serve to reduce the number of access points which intersect the larger road, thereby increasing the efficiency and safety of traffic flow along the major road while providing access to abutting development.
[1] 
The Borough Council reserves the right to require marginal access streets along any street where local vehicular access to individual lots would create congestion and/or hazards to traffic flow and safety by reason of street grades, land forms, vegetation, frequency of driveway intersections, limited sight distances, heavy traffic volumes and/or high-speed traffic flows.
[2] 
The location of a marginal access street shall be essentially parallel and adjacent to the street along whose margin it is located.
[3] 
The right-of-way for this type of street shall abut and be measured from the ultimate right-of-way of the parallel street.
[4] 
When forming a necessary leg of another classification of street, a street shall be governed by the regulations of the higher street classification.
[5] 
A landscaped barrier island, at least 20 feet wide, shall physically separate the cartways of the marginal access street and the parallel street.
[6] 
Sidewalks, when required, shall be located on the outermost portion of the marginal access street right-of-way abutting the building lots.
[7] 
Marginal access streets shall be constructed to the standards of minor streets.
(c) 
Other streets. This classification includes the following types of streets:
[1] 
Private streets: See Subsection C(1) below.
[2] 
Single-access streets: See Subsection C(2) below.
[3] 
Cul-de-sac streets: See Subsection C(2)(a) through (c) below.
[4] 
Loop street: a street similar to a single-access street, but with two access points from the same street.
[5] 
Alleys: See Subsection C(3) below.
(4) 
Where the classification of a new street is in question, the classification shall be determined on the basis of traffic load, using a factor of 10 trips per day per lot served. Based on this factor, average daily traffic (ADT) of 3,000 or more shall classify a street as arterial; ADT from 800 to 3,000 shall classify a street as collector; and ADT of less than 800 shall classify a street as minor.
C. 
Other streets. Other streets are subclassifications of minor streets. Because of their uniqueness and abundance, they are discussed in greater detail in this subsection.
(1) 
Private streets may be permitted to serve the function of collector and minor streets, when approved by the Borough Council upon recommendation of the Planning Commission. Private streets are generally intended to be used as permanent cul-de-sac streets rather than as through streets connecting two public streets. Private streets shall comply with the following:
(a) 
Private streets shall be constructed with a right-of-way of 50 feet when serving one or two dwelling units. When serving more than two dwelling units, private streets shall be constructed to the same standards and shall be subject to the same restrictions as public streets.
(b) 
The Borough shall have no maintenance obligation for approved private streets. The maintenance of such private streets shall be the full and sole responsibility of the owner, association or the legally binding organization of landowners with access rights, subject to the criteria below:
[1] 
An association or other legally binding organization of landowners with access rights on the private street shall be formed and administered for the purpose of maintenance of the private street.
[2] 
All property owners in such an association shall have an equal share in the rights and bear an equal share of the costs of maintaining the private streets.
[3] 
Documents governing such association shall be filed with the Borough Council upon the recommendation of the Borough Solicitor, who shall have authority for the approval of such association.
[4] 
All properties depending on a private street for access shall be guaranteed an irrevocable right to that access under the terms of a right-of-way, access easement or other legal covenant. Such access right shall be clearly noted on the subdivision and/or land development plans which create a private street, shall be included in deeds for all properties with access rights and shall be recorded in the Office of Real Estate of Allegheny County.
[5] 
Documents governing maintenance associations for private streets shall be recorded with each deed for properties with access rights.
[6] 
Provision shall be made for the private streets for emergency vehicles only as approved and seen necessary by Borough officials.
(c) 
Whenever a subdivider proposes to establish a street which is not offered for dedication to public use, the Borough Council may require the subdivider to submit and also to record with the plan a copy of an agreement made with the Borough Council on behalf of his/her heirs, successors and assigns. The agreement shall establish the conditions under which the street may later be offered for dedication and should stipulate but not be limited to the following:
[1] 
The street shall conform to municipal specifications, or the owners of the private street shall include sufficient funds with the offer of dedication to restore the street to conformance with municipal specifications. The street will be classified as described in Subsection B above for these purposes.
[2] 
An offer to dedicate the street shall be made only for the street as a whole.
[3] 
Agreement by the owners of 51% of the front footage shall be binding on the owners of the remaining lots. Such condition shall be noted in the deeds for these properties.
(2) 
Single-access streets. Any street which is served by only one intersection with a through street shall be considered a single-access street, regardless of the street's configuration within the proposed subdivision or land development. Included in this classification of streets are permanent or temporary cul-de-sac streets, multiple cul-de-sac streets and stub streets. Single-access streets shall be subject to the requirements for the appropriate classification of street notwithstanding their single-access status.
(a) 
Permanent cul-de-sac streets:
[1] 
Shall be streets with one end open for vehicular access and the other end terminating in a vehicular turnaround.
[2] 
Shall be provided with a vehicular turnaround at the closed end with a right-of-way radius of at least 50 feet and a paving radius of at least 40 feet.
[3] 
Shall not exceed 500 feet in length for nonresidential uses. Measurement of the length shall be made from the right-of-way line of the through street to the most distant point on the right-of-way of the turnaround, measured along the cul-de-sac center line. For residential uses, permanent cul-de-sac streets shall not serve more than 26 dwelling units unless approved by Borough Council as a modification to this chapter. Special conditions justifying the granting of a modification to the length of cul-de-sac requirement may include but need not be limited to extreme topographical restrictions (slopes, floodplain, etc.), oddly shaped tract configurations and lack of alternative outlets because of surrounding developed conditions. In no instance shall Council grant a modification that would allow a cul-de-sac to exceed 1,000 feet.
[4] 
Shall be constructed to the same standards as minor streets.
[5] 
Shall not be approved as part of a four-way intersection or as a continuation of a through road unless special conditions warrant approval of either of the above by the Borough Council.
[6] 
The Borough Council may consider central landscaped islands within culs-de-sac. In such instances, the paved roadway around the island shall not have a pavement width of less than 24 feet. This can be increased or decreased in specific cases for the public interest at the discretion of the Council upon review and recommendation of the Borough Engineer.
(b) 
Temporary cul-de-sac streets:
[1] 
May be temporarily closed at one end, with the intent to extend the street onto the abutting tract upon its development.
[2] 
Shall be built to the tract boundary line at a location and grade that are logical for extension onto the abutting tract but shall not exceed 500 feet in length for nonresidential uses or 26 dwelling units for residential uses, unless approved by the Borough Council when warranted by special conditions.
[3] 
Shall not be extended as a cul-de-sac street but shall be connected to another through street, unless approved by the Borough Council when warranted by special conditions.
[4] 
Shall form a logical step in the circulation pattern.
[5] 
Shall be provided with a vehicular turnaround at the closed end, abutting the tract boundary, with a paving radius of at least 40 feet, or hammerhead, as approved by Borough Council. Construction shall meet the same requirements as for a permanent cul-de-sac turnaround. Those portions of the turnaround extending beyond the street right-of-way shall be located on temporary access easements, valid only until the road is extended. Upon the extension of the street, the full rights and responsibilities for the area of the temporary easements shall revert to the owner of the lots on which they were located.
[6] 
The developer responsible for the extension of the street shall also be responsible for the following:
[a] 
Removal of all curbing construction of the temporary turnaround beyond the width of the street's paving.
[b] 
Installation of new construction to complete the street connection as required.
[c] 
Extension of utilities as necessary.
[d] 
Repair of any improvements damaged in this process.
[e] 
Grading, installation and/or restoration of lawn areas where affected by this removal and construction process.
(c) 
Multiple cul-de-sac streets:
[1] 
Shall be single-access streets which terminate in more than one vehicular turnaround.
[2] 
May be permitted where the length of each individual cul-de-sac is less than 1,200 feet.
[3] 
May be permitted to exceed either or both of the limits of 1,200 feet when approved by the Borough Council if warranted by special conditions, such as steep topography or land configuration, or when qualified as a temporary cul-de-sac.
[4] 
Shall be served by an appropriately located emergency accessway when required by the Council.
[5] 
Shall be constructed to the same requirements as a permanent cul-de-sac [§ 184-905C(2)(a)].
(d) 
Stub streets:
[1] 
Shall be provided in appropriate locations for vehicular access to abutting undeveloped lands when requested by the Borough Council upon the recommendation of the Planning Commission and Borough Engineer.
[2] 
Shall not be provided with a vehicular turnaround.
[3] 
Shall be constructed to the property line in accordance with the standards of this chapter applicable to the classification of street it will be upon extension.
[4] 
Shall serve no more than two lots when used as a dead-end street. The developer shall pave access to the two lots from a higher road classification according to the standards set forth in this chapter.
[5] 
Any new lots created by extending a stub street must front on a fifty-foot right-of-way. The developer shall pave the distance of one minimum lot width for the applicable zoning district and make arrangements to extend the pavement to additional lots should a stub street be extended to a higher road classification, as described in this chapter.
(3) 
Alleys.
(a) 
Alleys are not permitted in residential developments, except for instances where they are logical extensions of existing alleys.
(b) 
Alleys, where permitted, are bound by the standards set forth in this subsection.
(c) 
Alleys shall be provided in commercial and industrial districts, except that the Borough Council may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.
(d) 
The width of alley paving shall not be less than 16 feet.
(e) 
Alley intersections and sharp changes in alignment shall be avoided, but, if necessary, corners shall be cut off sufficiently to permit safe vehicular movement.
(f) 
Dead-end alleys shall be avoided where possible but, if unavoidable, shall be provided with adequate turnaround facilities at the dead end, as determined by the Borough Council.
(g) 
The right-of-way shall be 25 feet.
(h) 
Alleys do not require curbs, sidewalks and shoulders.
D. 
Street standards.
(1) 
The following table[2] and Subsection D(2) present the minimum standards for all streets defined in Subsection B(1) through (3). These standards shall apply to new streets and the renovation of existing streets controlled by the Borough.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
(2) 
Ultimate right-of-way. Ultimate right-of-way widths are either existing, proposed or expanded from existing rights-of-way, depending on the ultimate classification of a street as determined by the Borough Council. The following shall apply to ultimate rights-of-way:
(a) 
No fences, walls or other obstruction shall be constructed within a street right-of-way, except retaining walls where necessitated by road widening and constructed by the governmental agency having jurisdiction over the road.
(b) 
The front building setback shall be the distance set forth in the applicable district of Chapter 212, Zoning, measured from the ultimate street right-of-way line as dedicated or planned (or street line, as required in Chapter 212, Zoning).
(c) 
Additional rights-of-way and/or paving widths may be required by the Borough where it is necessary for public safety and convenience to install traffic control facilities or turning lanes and where old roads do not provide the proper width and additional dedication is necessary.
(d) 
The area between the existing right-of-way line and the ultimate right-of-way line shall be dedicated to the authority having jurisdiction over any public streets which abut or pass through any subdivision or land development proposed within the Borough.
(e) 
Ultimate right-of-way widths shall be as defined in Subsection D(1) unless otherwise noted in this chapter.
(3) 
Pavement.
(a) 
Paving widths shall be as defined in Subsection D(1) unless otherwise noted in this chapter.
[1] 
The Borough Council may require paving widths in excess of the standards in Subsection D(1) for special situations, including the following:
[a] 
Where necessary for additional lanes for traffic volume, additional street parking, turning movements, public safety and convenience.
[b] 
Where old roads do not provide the proper width.
[2] 
Reductions to the paving requirement may be approved by the Borough Council in instances where parking, turning, safety and convenience considerations have been adequately met.
(b) 
Road paving standards. All drawings shall be submitted on sheets stamped by a registered engineer for consideration. Rigid pavements are acceptable substitutes for flexible pavements on minor and collector streets. Such substitute pavement must be approved by the Borough Engineer and the Borough Council. All roads using flexible paving shall be constructed as specified in Appendix D and Appendix F, pages FP-9 through FP-11.[3]
[1] 
Base course/pavement design. Two pavement designs are specified for Franklin Park Borough streets: one for minor streets and one for collector streets. All streets within the Borough shall be constructed to a total subbase-to-wearing-course thickness of 13 inches.
[Amended 11-20-2013 by Ord. No. 607-2013]
[a] 
Minor streets [average daily traffic (ADT) less than 800]. Minor streets shall consist of a ten-inch aggregate base, a two-inch ID-2 binder course and a one-inch ID-2 wearing course. Minor streets shall be constructed as specified in Appendix D and as shown on the drawing on page F-10.
[b] 
Collector streets (ADT from 800 to 3,000). Collector streets shall consist of an eight-inch aggregate base, a three-inch ID-2 binder course and a two-inch ID-2 wearing course. Collector streets shall be constructed as specified in Appendix D and as shown on the drawing on page F-11.[4]
[4]
Editor's Note: Said appendixes are on file in the Borough offices.
[2] 
Pavement restoration. Pavement restoration following trenching shall be in accordance with the details on pages F-24 through F-31.
[Amended 11-20-2013 by Ord. No. 607-2013]
[3] 
Subbase compaction. Prior to installing the road base, the subbase shall be prepared as described in Appendix D.
[4] 
Under-curb drains. All roads shall be provided with under-curb drains as specified in Appendix F.
[3]
Editor's Note: Said appendixes are on file in the Borough offices.
(c) 
All under-pavement utilities, including services, shall be installed prior to paving.
(d) 
No paving shall be permitted between October 31 and April 1 unless approved in writing by the Borough Engineer or the Supervisor of Public Works.
(4) 
Curbs, gutters and sidewalks. Sidewalks and curbs shall be installed along all proposed public and private streets, common driveways and common parking areas, except when such requirements are waived by Borough Council.
(a) 
The Borough Council may, in its discretion, waive the sidewalk requirement under one or more of the following conditions:
[1] 
Where an alternative pedestrian circulation concept can be shown to be more desirable, especially when using open space areas, provided that appropriate walks are provided between the open space walkways and the pedestrian origins and destinations.
[2] 
Where the rural character, density of the area and/or small size of the land development precludes the purposeful use of sidewalks, provided that the applicant pays a fee in lieu of the sidewalk construction to the Borough in an amount equal to the cost of the required sidewalk construction as approved by the Borough to be utilized and expended for sidewalk, trail, and pedestrian access improvements in the Borough.
[Amended 12-20-2017 by Ord. No. 639-2017]
(b) 
The Borough Council in its discretion may waive the curb requirement under one or more of the following conditions:
[1] 
When an affirmative system of protecting the pavement edge can be shown to be equal or superior to the use of curbs.
[2] 
When topographic conditions and/or low intensity of development does not require their use.
(c) 
Regardless of the size of land development or subdivision proposal, sidewalks and curbs shall be required whenever they fill a gap in an existing network.
(d) 
Sidewalks shall be not less than four feet in width, although the Borough Council may require additional width where higher volumes of pedestrian traffic are anticipated.
(e) 
Sidewalks shall not extend beyond the right-of-way line of public streets or the equivalent right-of-way line of private streets unless located in legal easements guaranteeing adequate pedestrian access.
(f) 
Sidewalks shall be provided in appropriate locations to provide safe and efficient pedestrian access between parking areas and nonresidential buildings.
(g) 
Additional sidewalks shall be required where deemed necessary by the Borough Council to provide access to schools, churches, parks, community facilities and commercial centers and to provide necessary pedestrian circulation within land developments and/or subdivisions where otherwise required sidewalks would not be sufficient for public safety and convenience.
(h) 
Sidewalks shall be designed to facilitate access and use by the handicapped, in accordance with requirements noted in Appendixes C and F on file in the Borough offices.[5]
[5]
Editor's Note: Said appendixes are on file in the Borough offices.
(i) 
Driveway crossings shall be designed in compliance with Subsection D(4)(n) below.
(j) 
Sidewalks shall be laterally pitched at a slope of not less than 3/8 inch per foot to provide for adequate surface drainage towards the street.
(k) 
At corners and pedestrian street-crossing points, sidewalks shall be extended to the curbline with an adequate apron area for anticipated pedestrian traffic.
(l) 
Sidewalks shall not exceed a grade of 12%. Steps or a combination of steps and ramps shall be utilized to maintain the maximum grades, where necessary. A nonslip surface texture shall be used.
(m) 
The grades and paving of sidewalks shall be continuous across driveways, except in nonresidential and multifamily residential developments and in certain other cases where heavy traffic volume dictates special treatment.
(n) 
The thickness and type of construction of all sidewalks, curbs and gutters shall be in accordance with the recommendations as follows:
[1] 
In general, where Commonwealth of Pennsylvania or Allegheny County specifications govern, these standards shall be used.
[2] 
Details for all work shall be submitted to the Borough for approval by a licensed engineer or landscape architect.
[3] 
Sidewalks shall be constructed in accordance with the detailed specifications in Appendix C and as shown in the sections in Appendix F, pages FP-19 through FP-22.[6]
[6]
Editor's Note: Said appendixes are on file in the Borough offices.
[4] 
Curbs shall be constructed in accordance with the detailed specifications in Appendix B and as shown in the sections in Appendix F, pages FP-12 through FP-18.[7]
[7]
Editor's Note: Said appendixes are on file in the Borough offices.
(o) 
If for any reason an interim waiver of these requirements is made, a sufficient guaranty shall be posted for the eventual installation of these items, subject to approval by the Borough Council upon the recommendation of the Borough Engineer and Solicitor.
(p) 
Sidewalks should be designed and laid out in such a manner to facilitate their future interconnection with sidewalks on abutting properties.
(q) 
Sidewalks not located in a public right-of-way shall be located within a public access easement.
(5) 
Pavement and right-of-way radii at intersections.
(a) 
Road intersections shall be rounded with tangential arcs at the pavement edge (curbline) and right-of-way lines as listed below. Where two roads of different right-of-way widths intersect, the radii of curvature for the higher classification road shall apply. The pavement edge (or curbline) radius and right-of-way radius shall be concentric.
(b) 
For arterial streets, the right-of-way width at intersections should be as specified by the Pennsylvania Department of Transportation or 20 feet beyond the pavement edge, whichever is greater.
(c) 
For collector and minor streets, the right-of-way width at intersections should extend 10 feet beyond the pavement edge.
(d) 
Pavement radii at intersections shall be as defined in Subsection D(1) above, unless otherwise noted in this chapter.
(6) 
Street grades. All streets shall be graded as shown on the street profile and cross-section plans submitted by a registered engineer or landscape architect and approved as a part of the preliminary plan approval process for subdivision and/or land development. Street grades shall comply with the Franklin Park Grading Ordinance (Chapter 124) and the following:
(a) 
The minimum grade for all streets shall be 1%.
(b) 
Maximum grades for all streets shall be as defined in Subsection D(1) above unless otherwise noted in this chapter.
(c) 
Street grades shall be measured along the center line.
(d) 
Curve/grade combinations shall follow accepted engineering guidelines for safety and efficiency and in all cases provide for the minimum sight distance. For example, minimum-radius horizontal curves shall not be permitted in combination with maximum grades.
(e) 
At all approaches to intersections, street grades shall not exceed 5% for a minimum distance of 50 feet.
(f) 
The grade of the outer perimeter of cul-de-sac turnarounds shall not exceed 7%, measured along the curbline.
(g) 
All street grading shall be checked as built for accuracy under inspection by the Borough Engineer.
(h) 
Arterial and collector streets, where necessary, shall be superelevated, not to exceed 6%, in compliance with accepted engineering standards.
(i) 
Roads shall be crowned 3% where not superelevated.
(7) 
Horizontal curves and tangents.
(a) 
Horizontal curves shall be used at all changes of direction in excess of 2°. Long-radius curves shall be used rather than a series of curves connected by short tangents. Minimum-radius curves at the end of long tangents shall not be approved. Minimum radii are given in Subsection D(1) above.
(b) 
All curves shall be separated and connected by a tangent as stated in Subsection D(1) above.
(c) 
Curve/tangent relationships shall follow accepted engineering guidelines for safety and efficiency.
(d) 
Approaches to intersections shall follow a straight course for a minimum of 50 feet for minor streets. All other streets shall follow a straight course in accordance with accepted engineering standards but shall in no case be less than 100 feet.
(e) 
Any applicant who encroaches within the legal right-of-way of a commonwealth highway is required to obtain a highway occupancy permit from the Pennsylvania Department of Transportation prior to final approval. In addition to the above, the Borough may require the applicant to obtain an occupancy permit for a highway encroachment which is consistent with the internal access and street plan.
(8) 
Vertical curves. Vertical curves shall be used at changes in grade of more than 1%, in compliance with the following requirements:
(a) 
Minimum curve lengths shall be as defined in Subsection D(1) above unless otherwise noted in this chapter.
(b) 
The high-point or low-point curve length, grades and stations on a vertical curve shall be clearly identified on plans and profiles submitted by a registered engineer, architect or landscape architect, as appropriate.
(c) 
Vertical curves at intersections shall be increased 20 feet for each one-percent grade change exceeding 3%. Grades across intersections shall not exceed 5% within 25 feet of the center-line intersection, as shown in Appendix F, page FP-8.[8]
[8]
Editor's Note: Said appendix is on file in the Borough offices.
(9) 
Intersections and sight triangles. All street intersections under the jurisdiction of this chapter shall be subject to the following requirements:
(a) 
No more than two streets shall intersect at the same point.
(b) 
Three-way and four-way intersections. Three-way or T-intersections shall be used instead of four-way intersections unless the four-way intersection can be justified in terms of necessary and desirable through-traffic movements.
(c) 
Corrective changes to existing intersections. When existing streets intersect at odd angles or have more than four approaches, the applicant shall make corrective changes to bring the intersection into compliance with this chapter, as required by the Borough Council, which shall first seek the recommendation of the Planning Commission and other technical advisors or agencies, as appropriate. For commonwealth and county highways, corrective changes shall comply with the requirements of the appropriate agency.
(d) 
Angle of intersections. All intersection approaches shall be designed at right angles whenever practicable. There shall be no intersections with an arterial of less than 75°, and there shall be no intersections of less than 60° for all other streets, measured at the center line of intersections.
(e) 
Intersection spacing. Street intersections shall be spaced the minimum distances apart as specified for the street classifications listed in Subsection D(1) above, whether on the same or opposite sides of the street. The minimum distance between intersections shall be measured along the higher-classification intersecting street and shall be measured between the center lines of intersecting streets.
(f) 
Sight triangles.
[1] 
Proper sight lines required by Subsection D(1) above shall be maintained at all intersections of streets. Clear sight triangles shall be maintained along all approaches to all intersections and shall be measured along street center lines from their point of intersection. Where streets of differing classifications intersect, the dimension for the higher-classification street shall be used.
[2] 
Within the area of clear sight triangles, obstructions to visibility shall not be permitted within the following ranges of height:
[a] 
From ground level and a plane 10 feet above curb level, as specified in Chapter 212, Zoning.
[b] 
Ground cover plants within the clear sight triangle area shall not exceed two feet in height.
[c] 
Grading within the clear sight triangle shall not obstruct the line of sight.
[3] 
Exceptions may be made by the Borough Council to allow the location of the following items in the clear sight triangle as long as the sight triangle is maintained:
[a] 
Private signposts, provided that the post does not exceed one foot square in diameter and that the sign itself is above the minimum height limit.
[b] 
Shade trees, provided that, as the tree matures, the lower branches will be kept pruned to the minimum five feet in height limit and the trunk will not inhibit sight distance.
[c] 
Existing shade trees, provided that lower branches are kept pruned to the minimum five feet in height limit and that the size, number and arrangement of trees does not impede adequate visibility. The Borough Council may require the removal of one or more trees if necessary to provide adequate visibility.
(10) 
Sight distance.
(a) 
Proper sight distance shall be provided with respect to both horizontal and vertical alignments, measured at the driver's eye height of 3 1/2 feet. An object one foot zero inches off the finished road grade must be visible at the sight distances specified.
(b) 
Sight distances (minimal) shall be as defined in Subsection D(1) above.
(c) 
Since sight distance is determined by both horizontal and vertical curvature, sight distance standards will, in all cases, usurp standards for either of these curvatures in instances where a conflict in standards might arise.
(11) 
Design speed. Subsection D(1) above will be used as a guideline in street design. Final design criteria will be as regulated by the remainder of this chapter and as approved by the Borough Council.
(12) 
Easements not complying with design standards for public or private streets.
(a) 
In those cases where access to a residential or commercial subdivision is by means of an easement or right-of-way which does not comply with the design standards for private streets and/or public streets as prescribed in this chapter, the Borough Council shall make the final determination on the continuing maintenance responsibilities of such access easement or right-of-way as a part of the development application review.
(b) 
In the event that the Borough Council determines that the health, safety or welfare of the inhabitants of such development or of the citizens of the Borough would be prejudiced by the failure to maintain such easement or right-of-way of access by the owner thereof, the Borough Council may, after hearing, require as a condition precedent to the approval of such development the preparation and execution of a maintenance agreement providing for the maintenance of such easement or right-of-way of access, signed and acknowledged by all of the owners of property within such development and/or all of the owners of property having the legal right to utilize such easement or right-of-way of access, whereby such easement or right-of-way of access shall be maintained, and said agreement shall be recorded in the Department of Real Estate of Allegheny County, Pennsylvania.
(c) 
In determining whether such maintenance agreement shall be required in order to promote the health, safety or welfare of the inhabitants of such development or of the citizens of the Borough, the Borough Council shall make findings, after public hearing, regarding the following:
[1] 
That the easement or right-of-way of access shall be of sufficient width and topography so as to provide access to all lots and/or tracts of land in the subdivision or development and to adjacent unsubdivided property.
[2] 
That the continued maintenance of such easement or right-of-way of access to the development or subdivision is necessary to accommodate the travel of ambulances, emergency medical service vehicles, fire vehicles, police vehicles and other emergency vehicles to or from the development or subdivision.
[Amended 11-20-2013 by Ord. No. 607-2013]
[3] 
That the configuration of such easement or right-of-way of access shall be such so as to properly accommodate its use for both pedestrian traffic and vehicular traffic without placing pedestrians or vehicular traffic in danger.
[4] 
That it is impossible to finance the sale of property within such subdivision or development without the existence of a maintenance agreement binding all owners of property within such subdivision and others having the legal right to use such easement or right-of-way of access to participate in the maintenance of such access easement or right-of-way.
[5] 
That the Borough Council shall determine, with particularity, the details and specifications of the maintenance required to maintain said easement or right-of-way of access as aforesaid, and in the event that those persons responsible for said maintenance under such agreement shall fail, neglect or refuse to provide the same, the Borough Council shall, in writing delivered to each of said persons, require that such maintenance shall be performed within such time as shall be required by the Borough Council in said notice, and in the event that such maintenance is not so performed within said time, the Borough Council shall have the responsibility of performing such maintenance and collecting the cost thereof from those persons responsible therefor under the aforementioned agreement by a civil action at law or by the filing of a municipal claim against the properties owned by such persons in such proportions as shall be set forth in the aforementioned maintenance agreement.
(d) 
In those cases where a residential or commercial subdivision has previously been approved by the Borough Council and is in existence, where access to such residential or commercial subdivision is by means of an easement or right-of-way which does not comply with the design standards for private streets and/or public streets as prescribed in this chapter, and in the event that the Borough Council determines that the health, safety or welfare of the inhabitants of such development or of the citizens of the Borough would be prejudiced by the failure to maintain such easement or right-of-way of access by the owner or owners thereof, the Borough Council may, after hearing, require the preparation and execution of a maintenance agreement providing for the maintenance of such easement or right-of-way of access, signed and acknowledged by all of the owners of property within such development and/or all of the owners of property having the legal right to utilize such easement or right-of-way of access, whereby such easement or right-of-way of access shall be maintained, and said agreement shall be recorded in the Department of Real Estate of Allegheny County, Pennsylvania.
(e) 
In determining whether such maintenance agreement shall be required in order to promote the health, safety or welfare of the inhabitants of such development or of the citizens of the Borough, the Borough Council shall make findings, after public hearing, regarding the five subjects as hereinabove outlined in Subsection D(12)(c).
(13) 
Parallel parking.
(a) 
In general, parallel parking on all streets is discouraged, except as required for emergencies, deliveries and standing when necessary.
(b) 
The mandatory off-street parking requirements of Chapter 212, Zoning, will in all cases be enforced.
(c) 
Parallel parking on collector streets will be subject to approval by the Borough Council and may require landscaped, curbed street widening up to eight feet wide.
(d) 
Parallel parking on minor streets will be subject to approval by the Borough Council.
(14) 
Other street standards and traffic-calming measures.
(a) 
Islands, median strips and channelization may be required in any area where traffic volumes warrant their use for safety and efficiency and may be permitted in any area at the discretion of the Borough Council. Such devices on commonwealth roads must meet or exceed the requirements of the Pennsylvania Department of Transportation. The Borough Council may require additional rights-of-way when such devices are used.
(b) 
Traffic-calming measures. Upon recommendation of a required traffic impact study and/or the recommendation of the Planning Commission, the Borough Council may require the developer to install traffic-calming measures within proposed public or private streets in order to promote public health and safety. Such traffic-calming measures shall be consistent with specifications included in Publication No. 383, Pennsylvania Traffic Calming Handbook, Chapters 5 and 6, published by the Pennsylvania Department of Transportation.
(c) 
Walls, slopes and guide rails.
[1] 
Where the grade of the street is above or below the grade of the adjacent land, the subdivider may be required to construct walls or slopes.
[2] 
Where the grade of the street is steeper than a slope of four to one above the grade of the adjacent land, the subdivider may be required to install guide rails or posts in a manner satisfactory to Pennsylvania Department of Transportation standards.
(d) 
Embankments. Subject to appropriate slope stability and the conditions of grading specifications, embankments at the sides of streets and cross sections of drainage ditches shall not exceed a maximum slope of 1 1/2 feet horizontally to one foot vertically in a cut section and 1 1/2 feet horizontally to one foot vertically in a fill section, or as recommended by the Borough Engineer.
(e) 
Driveways. The requirements for private driveways shall be the standards of the Pennsylvania Department of Transportation regarding access to and occupancy of highways by driveways and local roads (67 Pa. Code Chapter 441, as amended). Driveway access to commonwealth highways shall be subject to the permit process of that Department. Driveway access to county roads shall be subject to the permit process of Allegheny County. Driveway access to Borough roads shall be subject to the Borough permit process. All driveways shall be subject to the standards, requirements and processing of this subsection.
[1] 
Location.
[a] 
Driveways shall be located so as to provide adequate sight distance at intersections with streets.
[b] 
Driveways shall be located in a manner which will not cause interference to the traveling public, will not be a hazard to the free movement of normal highway traffic or will not cause areas of traffic congestion on the highway.
[c] 
Driveways shall be located, designed and constructed in such a manner so as not to interfere with or be inconsistent with the design, maintenance and drainage of the highway.
[2] 
Criteria for review. The Borough Council shall use the following criteria to determine driveway access to collector roads. The Borough Council may use more-restrictive criteria when required.
[a] 
Driveway access for nonresidential and multifamily uses, including townhouses, shall be at least 200 feet apart.
[b] 
No more than five lots of any submitted subdivision plan may have direct access to an existing collector and higher-classification road. The entire road frontage shall be considered a part of this requirement for lands held in single ownership.
[c] 
Alternate driveway access to be considered for larger subdivisions shall be subject to the approval of the Borough Council. Such alternate access may include reverse frontage where the rear of the lot abuts the collector street and the property fronts on a new interior street.
[3] 
Distance from street intersections. Driveways shall be located as far from street intersections as is reasonably possible, but not less than the following distances:
[a] 
Individual residential lots: 50 feet.
[b] 
Multifamily residential and nonresidential lots: 100 feet.
[4] 
Number of driveways (nonresidential):
[a] 
Properties with frontage of 120 feet or less shall be limited to one curb cut.
[b] 
Not more than two curb cuts may be permitted for any single property, tract or lot for each street frontage.
[c] 
More than two curb cuts per street frontage may be permitted only if anticipated traffic volume warrants more than two and when supported by a traffic study prepared by a qualified traffic engineer.
[5] 
Choice of streets. When streets of different classes are involved, the driveway shall provide access to the street of lesser classification unless this requirement is waived by the Borough Council for reasons of sight distance, incompatibility of traffic, grading or drainage.
[6] 
Pavement widths at curbline and grade. Driveway paving widths and grades shall be as follows.[9]
[9]
Editor's Note: The table of Pavement Widths at Curbline and Grade is included as an attachment to this chapter.
[7] 
Stopping areas. All driveways shall be provided with a stopping area within which the grade shall not exceed 6%. The stopping area shall be measured as follows:
[a] 
The length of the stopping area shall be a minimum of 20 feet or the length of the longest vehicle anticipated to use the driveway, whichever is greater.
[b] 
Stopping areas shall be measured from the ultimate right-of-way line for arterial and collector streets and from the edge of the paving, curbline or sidewalk of minor streets.
[8] 
Clear sight triangles. Clear sight triangles shall be provided where driveways intersect streets, in compliance with the standards of Subsection D(9) above, Intersections and sight triangles. The dimensional standards shall be determined by the classification of the street which the driveway intersects.
[9] 
No driveway location, classification or design shall be considered finally approved until permits have been granted by the commonwealth and/or Borough and preliminary plan approval has been granted by the Borough Council for the subdivision and/or land development which the driveway(s) will serve.
[10] 
No building permit shall be issued nor shall any occupancy permit be issued as to any improvement or improvements in any district in this Borough until the application for a driveway permit shall have been made, in writing, and a permit approved by the Borough authorities or other authority which may have jurisdiction over the road.
(15) 
Street tree design. All developments submitted to the Borough after the date of enactment of this subsection shall adopt the street tree designs as set forth in full in Appendix F, pages FP-97 through FP-101.[10]
[10]
Editor's Note: Appendix F is on file in the Borough offices.
Subdivisions containing a minimum of 50 lots, multidevelopments containing 75 or more dwelling units, and land developments containing 50,000 square feet or more of gross floor area shall require the submission of a transportation impact study (TIS) in accordance with the requirements of this section. In addition, all subdivisions and land developments, regardless of size, that are located on an arterial road shall require the submission of a TIS. It is recommended that the developer discuss the TIS as part of the presubmission application process outlined in this chapter. The Borough may require submission of a modified study containing parts of the following requirements for any proposed development not meeting the above thresholds.
A. 
The TIS shall be prepared by a certified professional engineer, experienced in traffic engineering studies, licensed in the Commonwealth of Pennsylvania. All costs of the TIS shall be borne by the property owner or applicant.
B. 
Applicability. The TIS may be used for the following:
(1) 
To assist the Borough and the applicant in understanding the traffic-related impacts at the site ingress, egress and general circulation on the study area and to thus minimize those impacts through efficient site-level design of such circulation;
(2) 
To consider any alternate or additional ingress or egress and general circulation patterns as conditions of approval based on the TIS; and
(3) 
To consider impacts along the perimeter and intersections to assist the Borough in future transportation planning and capital planning requirements.
C. 
The Borough shall not use the TIS to require transportation improvements which are not on or adjacent to the proposed site. Such requirements, as governed by Article V-A of the MPC,[1] are distinct and separate from the applicability and intent of the requirements of this section.
[1]
Editor's Note: See 53 P.S. § 10501-A et seq.
D. 
TIS elements: The applicant shall submit a detailed description of the highway network and major intersections within 1/2 mile of the site. Said network may be limited to primary and secondary arterials and collector streets and shall include the following conditions both on the site and within such radius. Both existing and applicable projections shall be shown for each of the following:
(1) 
Trips generated by the proposed development at all peak hours (weekday, morning and evening peak hours and one Saturday peak hour) during which the proposed use would be in operation.
(2) 
Description of the existing traffic conditions and volumes (weekday, morning and evening peak hours and one Saturday peak hour) during which the proposed use would be in operation.
(3) 
Traffic signals and signage and other traffic-control devices.
(4) 
Public transportation services.
(5) 
Rights-of-way and driveway widths, including cartway and shoulder widths, vertical grades, horizontal curvatures, obstructions, sight distance, posted speed limits, signage or other notable features.
(6) 
Ingress and egress traffic movement on the site.
(7) 
Changes to the highway network.
(8) 
Determination of street service level.
(9) 
Determination of intersection service levels for intersection(s) generating more than 100 trips in any peak hour.
(10) 
Traffic accident history and location of accidents for five years preceding application date.
(11) 
Proposed and existing pedestrian circulation.
(12) 
Traffic improvements, planned or recommended (e.g., additional traffic lanes, traffic signals, traffic signage, etc.).
(13) 
The anticipated stages of construction and the anticipated completion date of the proposed subdivision or land development.
E. 
TIS standards. The TIS shall adhere to the following standards:
(1) 
Estimation of trip generation. Trip generation per § 184-906D(1) shall be estimated using any one of the following three methods: analogy, trip distribution model or surrogate data. Whatever method is used, trip distribution shall be estimated and analyzed for the horizon year and a ten-year projection (both with and without development). Consideration should be given to whether inbound and outbound trips will have similar distribution.
(2) 
Transportation impact of the developments using ratios and methodology contained in the current edition of the Manual of the Institute of Traffic Engineers.
(3) 
Levels of service as used in § 184-906D(8) and (9) shall be defined using a method similar to those described in the current Highway Capacity Manual.
(4) 
Estimates and projections of street service level, trip generation, etc., shall conform to the estimated dates of major phases in the construction of the proposed plan.
(5) 
All applicable elements mentioned in § 184-906D shall be denoted on a map which shall conform to the applicable drafting standards of Article 500 of this chapter.
[Amended 11-20-2013 by Ord. No. 607-2013]
F. 
Additional requirements.
(1) 
The TIS shall be submitted with the application and reviewed by the Borough Engineer or his designee. All costs of this review shall be invoiced to the applicant per standards contained in the MPC.[2] A copy should also be forwarded to the Pennsylvania Department of Transportation if streets under its jurisdiction are in the study area and to the Allegheny County Planning Department if streets under the jurisdiction of the county are in the study area.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(2) 
The Borough may require further details for areas of special concern within a one-mile radius of the site for very large developments. Said areas may include those identified in the Comprehensive Plan in need of improvement or having identified traffic problems.
A. 
Parking areas shall be governed by the following standards:
(1) 
Off-street parking facilities shall be provided in compliance with the parking requirements of Chapter 212, Zoning, Article 2200, and the regulations contained herein.
(2) 
Angled or perpendicular parking shall not be permitted along public streets, except where specifically permitted by this chapter or other ordinances. No parking areas shall be located within a public street right-of-way. Parked vehicles in off-street parking spaces shall be prevented from intruding on travel lanes, walkways, public streets or adjacent properties by means of walls, curbs, wheel stops or other appropriate means.
(3) 
Parking areas shall not be located closer than 10 feet to any tract boundary line nor less than five feet from any ultimate right-of-way line and as specified in Chapter 212, Zoning.
(4) 
Parking lot dimensions shall be no less than those listed in Chapter 212, Zoning, Article 2200. All parking spaces shall be marked with all-weather paint with single lines a minimum of four inches wide to separate each space.
(a) 
Where vehicles may overhang a planting strip, a two-foot widening of the planting strip and consequent two-foot reduction of parking space length may be permitted.
(b) 
In addition, up to 20% of the parking area for more than 100 vehicles may be reduced to nine feet by 17 feet for compact cars, provided that the smaller spaces are clearly designated as compact car spaces.
(c) 
Required off-street parking spaces for the physically handicapped shall be a minimum of 12 feet wide by 20 feet long and shall be paved with an impervious gravel-free surface. Side-by-side spaces are encouraged, to be marked as 1 1/2 times the standard width.
(5) 
No more than 18 parking spaces may be located in an uninterrupted row. If more than 18 parking spaces are located in a row, planting strips with a minimum size of five feet by 20 feet shall be located at appropriate intervals to provide shading and visual interest. Such planting strips shall contain a street tree of at least two-inch caliper.
(6) 
Where the edge of a parking area is located close to a street, driveway or other parking area and the provisions of § 184-907A(3) above do not apply, a minimum separation of five feet shall be provided between these features. This spacing shall consist of a raised landscaped area, preferably curbed, with screen planting in conformance with the specifications of Chapter 212, Zoning.
(7) 
In any residential parking area where two driveways are located adjacent to one another, a planting strip shall be provided between the driveways. Said strip shall have a minimum width of five feet.
(8) 
Dead-end parking areas shall be discouraged when the required parking capacity can be accommodated in a layout that permits more convenient vehicular movements. However, extraneous through-traffic flow should be avoided.
(a) 
Up to 50 parking spaces may also be located in a dead-end parking area if no more-desirable alternative is feasible and sufficient backup area is provided for the end stalls.
(b) 
More than 50 parking spaces may be located in a dead-end parking area only if a turnaround area is provided at the closed end, suitable for passenger car turning. The turnaround area may be circular or of another configuration acceptable to the Borough Council.
(9) 
No less than a five-foot radius of curvature shall be permitted for all curblines in all parking areas.
(10) 
All automobile parking areas shall be paved and constructed in accordance with the standards established by the Borough.
(11) 
The layout of every parking area shall be such as to permit safe and efficient internal circulation in accordance with accepted traffic engineering principles and standards.
(12) 
Entrances and exits to and from off-street parking areas shall be located so as to avoid interference with street traffic.
(13) 
Every off-street parking area shall include sufficient reservoir space to accommodate entering and exiting vehicles without overflowing onto adjacent streets or service roadways.
(14) 
All artificial lighting used to illuminate any parking space or spaces shall be so arranged that no direct rays from such lighting shall fall upon any neighboring property or streets. All light standards shall be located on the raised parking islands and not on the parking surface. Sharp cutoff-style lighting shall be used to reduce glare and light spillover.
(15) 
All multifamily, commercial, office, public and industrial uses shall provide parking spaces for the physically handicapped.
(a) 
Parking spaces for the physically handicapped should generally be located on the shortest possible route to an accessible entrance to the building. The first parking space in rows of parking near such entrances may be reserved for handicapped parking. Ramps shall be provided for convenient access from parking spaces to accessible entrances and to sidewalks. Such spaces shall be placed to permit severely handicapped persons to get into and out of a vehicle from either side.
(b) 
The pavement shall be marked with the international symbol of accessibility. An aboveground sign shall be clearly visible from the driveway to designate each physically handicapped parking space.
(c) 
One space or 2% of the total spaces required, whichever is greater, shall be provided. Fractional spaces shall be rounded upward.
B. 
Internal driveways. The following requirements apply to driveways within sites proposed for developments:
(1) 
A smooth transition shall be provided between the driveway section required for access to a public street and the driveway(s) required for internal site circulation.
(2) 
Main access driveways (entrance or exit) and service drives handling large trucks shall be a minimum paved width of 24 feet, with one lane in each direction.
(3) 
Access driveways which are clearly secondary in importance may be reduced to 20 feet in paved width.
(4) 
Driveways along nonresidential buildings shall be a minimum paved width of 24 feet; except that, where a dropoff/pickup lane is proposed, the width shall be 32 feet.
(5) 
Parking access driveways shall be a minimum of 22 feet wide with two-way traffic flow for convenience and efficiency.
(6) 
One-way driveways and/or parking at less than right angles may be permitted only when right-angled parking and two-way driveways are not feasible because of site characteristics or they are proven by the applicant to be superior for the particular development proposal.
(7) 
Entrance, exit and internal-circulation driveways shall be separated from parking-aisle driveways whenever feasible in parking areas for less than 100 spaces. Parking shall not be permitted along driveways which serve as the main entrance(s) or exit(s) to parking areas with a capacity of 100 cars or more.
C. 
Off-street loading areas:
(1) 
Off-street loading areas shall be provided for all retail businesses and wholesale and industrial uses requiring the regular delivering or shipping of goods, merchandise or equipment to the site by semitrailer truck.
(2) 
Applicants may propose loading areas that do not require the use of semitrailer trucks, if they can demonstrate to the satisfaction of Borough Council that the use can be adequately served by the use of smaller delivery vehicles.
(3) 
All loading space shall be located on the same lot as the principal use(s) it serves.
(4) 
Off-street loading areas shall comply with the following:
(a) 
Required loading space shall be available for the loading and unloading of vehicles and shall not be used for the storage of vehicles or materials or to meet off-street parking requirements or in conducting the use.
(b) 
The location and size of loading areas shall be adequate for the safe parking of trucks, and maneuvering space shall be provided so that ingress and egress can be accomplished on the lot without backing into a public street.
(c) 
The loading spaces shall be compatible with vehicular circulation in adjacent areas based upon its location and the schedule of its use.
(d) 
Two or more establishments may use a common loading and unloading facility upon approval of the Borough Council.
A. 
Area. All lots shall be no smaller than the minimum lot area requirements of the applicable zoning district.
B. 
Depth. Lots which are excessively deep in relation to their width are to be avoided. A proportion of 2 1/2 to one is generally regarded as a proper maximum for lots 60 feet or more in width.
C. 
Width. The minimum lot width shall be that width measured along the building setback line as specified in Chapter 212, Zoning.
D. 
Corner lots. Corner lots shall have two front yards, one from each street.
E. 
Frontage. Every lot shall have a minimum frontage width as specified in Chapter 212, Zoning.
F. 
Side lines. Whenever practicable, the side lines of lots shall be laid out at right angles or radial to the street right-of-way lines.
G. 
Lot numbers. Each subdivision may have an overall system of lot numbers, the number "1" being assigned to a lot in the first section to be built.
A. 
Easements with a minimum width of 20 feet shall be provided as necessary for storm drainage structures, swales, sanitary sewers and other utilities from the center of said pipe or swale.
B. 
To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
C. 
Natural watercourses shall be maintained as permanent easements of 20 feet.
D. 
Stormwater outlets shall have permanent easements from headwall to center line of the stream. For storm discharge onto adjacent properties, permanent easements shall be obtained from the property owner and recorded with the Borough.
E. 
Subsequent to completion of construction, all utility easements shall be rerecorded.
[Amended 11-20-2013 by Ord. No. 607-2013]
The developer shall determine the presence of environmental or natural features on the site and shall meet the following standards of environmental protection. Site alterations, regrading, filling or clearing of vegetation prior to submission of plans for development in accordance with the requirements of this chapter are prohibited.
A. 
Floodplains. All such lands are identified on maps issued from time to time by the NFIA of the United States Department of Housing and Urban Development. Section 212-1503 of Chapter 212, Zoning, specifies floodplain management regulations which must be met in the design of any subdivision or land development.
B. 
Steep slopes.
(1) 
Areas of steep slope within proposed subdivisions and land developments require the submission of a slope stability study, as detailed in § 184-910B(2). In areas of slopes (i.e., those over 8%), the following standards shall apply:
(a) 
Slopes of 8% to 15%. No more than 60% of such areas shall be developed and/or regraded or stripped of vegetation unless a soils engineer certifies to the stability of the soils and slope. When a soils engineer has certified the stability of the soils and slopes, the percentage of disturbance may be increased to 75%.
(b) 
Slopes of 15% to 25%. No more than 40% of such areas shall be developed and/or regraded or stripped of vegetation unless a soils engineer certifies to the stability of the soils and slope. When a soils engineer has certified the stability of the soils and slopes, the percentage of disturbance may be increased to 55%.
(c) 
Slopes of 25% or greater. No more than 20% of such areas shall be developed and/or regraded or stripped of vegetation unless a soils engineer certifies to the stability of the soils and slope. When a soils engineer has certified the stability of the soils and slopes, the percentage of disturbance may be increased to 35%.
(d) 
Slopes in excess of 40% shall not be disturbed.
(e) 
Man-made fill slopes may be disturbed and adjusted to reduce the degree of the slope or to further cut and comply with the requirements of this section.
(2) 
Slope stability study.
(a) 
No alteration, disturbance or construction of any type shall be approved or initiated and no application for final approval shall be approved for sites having any portion of their area proposed within 50 feet of any steep slope until the provisions of this section and any other applicable federal, state, county or Borough regulations have been satisfied.
(b) 
No final approval of the application for final development shall be given until all required state and county sedimentation and erosion control permits have been issued and submitted to the Borough.
(c) 
The developer shall clearly delineate all steep slope area(s) on certified survey maps submitted with all applications for development.
(d) 
No building sites shall be designated or improved in steep slope areas except as permitted by this chapter.
(e) 
When development activity is proposed, a geotechnical investigation and report shall be required to assess the short- and long-term stability of the site and the possible effects on neighboring properties of developing the proposed site in the proposed manner. These areas and the proposed development shall be investigated and documented in a statement by a registered professional engineer prior to final approval. This slope investigation shall determine the engineering characteristics and physical properties of the slopes, soil deposits and underlying rock strata which are proposed for use in structural foundations. Materials used for earthwork construction shall be similarly evaluated.
(f) 
A slope and soil stability study prepared by or under the direction of a professional engineer experienced in soil and foundation engineering shall be submitted for such sites where special soil or water conditions are deemed by the Borough Engineer to be potentially hazardous. The required soils report must be prepared in accordance with this chapter and other applicable state or county regulations. The site geotechnical investigation shall include, but not be limited to, the following detailed factual information, analysis and recommendations:
[1] 
Surface features: surface contours, old construction rock outcrops (if any), watercourses, ditches, ponds, wooded areas, filled-in areas, and old slide areas.
[2] 
Hydrologic features: the presence of seepage zones, depth to groundwater, and the possible fluctuations with the seasons.
[3] 
Subsurface features:
[a] 
A plotted, horizontal and vertical record of the stratification of the soil and rock deposits.
[b] 
Information on the relative density of granular soils in the different strata and on the consistency of cohesive soils.
[c] 
Information on subsurface geologic features and past mining activity, including depth of overburden.
[4] 
Exploration methods. Physical explorations can be carried out by several methods. Field explorations should follow the applicable standards or the procedures and practices recommended by the American Society for Testing and Materials (ASTM). It is generally sufficient to secure soil samples at intervals of five feet in depth or at changes in the material. The intervals should be determined by such conditions as the soils encountered and/or the type of structure to be constructed.
[5] 
The spacing and depths of borings should also be based on site conditions and proposed construction. Maximum spacing between borings should not exceed 250 feet to 300 feet. One boring for every 6,000 square feet to 10,000 square feet of building area is the minimum for a four-story or greater structure, and a minimum of one boring per structure is recommended for single-family residences.
[6] 
Groundwater measurements. Information is required on groundwater elevations, including depth of permanent and perched water tables. Water levels should be determined on completing the boring and again approximately 24 hours later.
[7] 
Classifications and descriptions. Direct observation of soils samples from various depths and locations will be required for correlation with the known geology of the area. Classification and description of soils will be done by the Unified Classification System (ASTM Specification D2487) and by the Visual Manual Identification Procedure (ASTM Specification D2488).
[8] 
Laboratory testing. The laboratory testing program should be dependent upon the characteristics of the soils and the anticipated geotechnical problems analysis.
[9] 
The recommendations of all such investigations and reports of steep slopes and other identified soil or water condition hazards shall be reviewed by the Borough Engineer. Incorporation of said recommendations may be required as conditions for preliminary approval and/or final approval.
[10] 
All public and private roads, bridges, utilities and other facilities shall be located, designed and constructed to avoid steep slope areas or to withstand any anticipated soil or rock movement.
[11] 
Road and utility alignments and grades shall minimize cuts and fills.
[12] 
Hazardous slope conditions that may be present on a site must be corrected prior to completion of the development.
[13] 
Cut-and-fill slopes.
[14] 
General. The setbacks and other restrictions specified by this section are minimum and may be increased by the Borough by the recommendation of a civil engineer, geotechnical engineer, or engineering geologist with the approval of the Borough Engineer if necessary for safety and stability or to prevent damage of abutting properties from sedimentation or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the Borough Engineer.
[15] 
Setbacks from property lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the area to be disturbed, including slope return areas and easements.
(g) 
Drainage and terracing.
[1] 
Drainage facilities and terracing shall conform to the provisions of DEP regulations and the Stormwater Management Ordinance in Chapter 178 of the Franklin Park Borough Code.
[2] 
Subsurface drainage. Cut-and-fill slopes shall be provided with subsurface drainage necessary for stability. All runoff calculations shall be provided for review by the Borough Engineer.
[3] 
Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainageway approved by the Borough Engineer and/or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of silting basin, energy dissipators or other approved devices at the outfall of storm pipes.
(h) 
Erosion control.
[1] 
Slopes. The faces of cut-and-fill slopes shall be prepared and maintained to control against erosion. All such slopes shall be protected in compliance with the Allegheny County Conservation District regulations.
[2] 
Temporary erosion control devices or methods shall be employed prior to and during site construction.
[3] 
Permanent erosion control procedures or devices shall be established and approved prior to the release of any guarantees or securities.
(i) 
Sanitary regulations.
[1] 
On-site soil absorption and sewage disposal systems or any part thereof shall be prohibited in steep slope areas, as regulated by the DEP.
[2] 
On-site soil absorption and sewage disposal systems (septic tanks, absorption fields, and seepage beds and pits) shall require permit approvals before any part of any such system shall be installed within 50 feet of steep slope areas. The application shall include a map delineating the topography and the boundaries of regulated slopes and shall be in conformance with all DEP and county regulations.
(j) 
Vegetation. All existing vegetation on steep slopes shall be preserved in its natural condition. Where slope alteration necessitates disturbance of existing vegetation, both temporary and long-term vegetation shall be established within 60 days of the initial disturbance. The Borough Engineer may extend this time limit at the request of the developer on the recommendation of the Borough Engineer if such extension shall not contribute to increased potential for landslide activity, erosion or low-side sedimentation or sediment pollution to a waterway.
(k) 
Administration and inspection.
[1] 
Operations or activities that increase loads, reduce slope support or otherwise cause instability are prohibited in these areas.
[2] 
The licensed professional engineer who prepared the soils geotechnical report shall review the preliminary and final development plan for compliance with recommendations expressed in the report.
[3] 
Inspections shall be performed at critical stages of the work. Such inspections shall be at the expense of the developer. The owner must notify the Borough of the need for inspection at each of the following stages:
[a] 
Initial inspection: when work is ready to begin, but before any grading or brush removal is started.
[b] 
Toe inspection: after the natural ground is exposed and prepared to receive fill, but before any fill is placed.
[c] 
Excavation inspection: after the excavation is started, but before the vertical depth of the excavation exceeds 10 feet.
[d] 
Fill inspection: after the fill emplacement is started, but before the vertical height of the lifts exceeds 10 feet. Structural fills shall be inspected more regularly by the on-site inspector according to a schedule determined by the Borough Engineer.
[e] 
Drainage device inspection: after forms and pipes are in place, but before any concrete is poured.
[f] 
Rough grading: when all rough grading has been completed. This inspection may be called for at the completion of the rough grading.
[g] 
Final: when all work has been completed, including installation of all drainage structures and other protective devices, and the grading plan and required reports have been submitted.
(3) 
Certified record drawings or as-built drawings showing all completed work, including the topography, and all structures and improvements within 100 feet of the steep slopes shall be provided to the Borough prior to the issuance of any occupancy permits and prior to the release of all guarantees and securities of the developer by the Borough. Said drawings must consist of two sets of reproducible plans labeled as "Record Plans." Said drawings must be submitted in a digital format such that they may be directly imported into the Borough's geographical information system in a manner consistent with the standard specified by the Zoning Officer.
C. 
Grading. All grading shall be performed in accordance with the requirements of the Franklin Park Grading Ordinance (Chapter 124).
A. 
Purpose. These regulations are adopted and implemented to achieve the following general purposes and objectives:
(1) 
To manage stormwater runoff resulting from land alteration and disturbance activities in accordance with the watershed stormwater management plans adopted by the Borough of Franklin Park.
(2) 
To utilize and preserve the desirable existing natural drainage systems and to preserve the flood-carrying capacity of streams.
(3) 
To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.
(4) 
To provide for the adequate maintenance of all permanent stormwater management structures in the municipality.
B. 
Applicability. The provision of the Franklin Park Stormwater Management Ordinance (Chapter 178) shall apply to all subdivision and land developments, including mobile home parks.
C. 
Erosion and sedimentation controls.
(1) 
All land-disturbance activities shall be conducted in such a way as to minimize accelerated erosion and resulting sedimentation.
(2) 
No earthmoving activity, including cuts and fills, excavation and the removal of topsoil, trees or vegetative cover of the land shall commence until plans for minimizing soil erosion and sedimentation, both during and after construction, have been approved.
(3) 
The erosion and sedimentation plan shall be prepared in strict accordance with the Pennsylvania Erosion and Sedimentation Regulations (25 Pa. Code Ch. 102), submitted to and deemed adequate by the Allegheny County Conservation District.
(4) 
Proposed erosion and sedimentation measures shall be submitted with the stormwater management plan as part of the applicant's preliminary and final plans.
(5) 
The plan shall show the type, location and application of the proposed erosion and sedimentation control measures and shall include the calculations and criteria used in designing them.
(6) 
Erosion and sedimentation measures shall comply with the criteria contained in Appendix E.[1]
[1]
Editor's Note: Appendix E is on file in the Borough offices.
(7) 
Any development exempt from the requirements under § 184-911C(3) shall comply with the requirements contained in Appendix E.
D. 
Maintenance of stormwater control facilities and systems.
(1) 
Maintenance responsibilities.
(a) 
The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities.
(b) 
The Borough shall make the final determination on the continuing maintenance responsibilities as part of the development application review and reserves the right to accept the ownership and operating responsibility of any stormwater management control(s) in residential developments.
(2) 
Maintenance agreement for privately owned stormwater facilities.
(a) 
Prior to final approval of the site's stormwater management plan, the property owner shall sign and record a maintenance agreement covering all stormwater control facilities which are to be privately owned. The agreement shall stipulate that:
[1] 
The owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities maintained in a safe and attractive manner.
[2] 
The owner shall convey to the Borough of Franklin Park easements and/or rights-of-way to assure access for periodic inspections by the Borough and maintenance, if required.
[3] 
The owner shall keep on file with the Borough the name, address and telephone number of the person or company responsible for maintenance activities. In the event of a change, new information will be submitted to the Borough within 10 days of the change.
[4] 
The owner shall establish any special maintenance funds or other financing sources in accordance with the approved maintenance plan.
[5] 
If the owner fails to maintain the stormwater control facilities, following due notice by the Borough of Franklin Park to correct the problems, the Borough shall perform the necessary maintenance or corrective work. The owner shall reimburse the Borough for all costs.
(b) 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the Borough Solicitor.
E. 
Inspections of stormwater management controls during construction.
(1) 
The Borough Engineer or a designated representative shall inspect the construction of a temporary and permanent stormwater management for the development site. The permittee shall notify the Engineer 48 hours in advance of the completion of the following key development phases:
(a) 
At the completion of preliminary site preparation, including the stripping of vegetation, stockpiling of topsoil and construction of temporary stormwater management and erosion control facilities.
(b) 
At the completion of rough grading, but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.
(c) 
During construction of the permanent stormwater facilities, at such times as specified by the Borough Engineer.
(d) 
Completion of permanent stormwater management facilities, including established ground covers and plantings.
(e) 
Completion of any final grading, vegetative control measures or other site restoration work done in accordance with the approved plan and permit.
(2) 
No work shall commence on any subsequent phase until the preceding one has been inspected and approved. If there are deficiencies in any phase, the Borough Engineer shall issue a written description of the required corrections and stipulate the time by which they must be made.
(3) 
If during construction the contractor or permittee identifies any site conditions, such as subsurface soil conditions or alterations in surface or subsurface drainage, which could affect the feasibility of the approved stormwater facilities, he must notify the Borough Engineer within 24 hours of the discovery of such condition and request a field inspection. The Borough Engineer shall determine if the condition requires a stormwater plan modification.
(4) 
In cases where stormwater facilities are to be installed in areas of landslide-prone soils or where other special site conditions exist, the Borough may require special precautions, such as soil tests and core borings, full-time resident inspectors and/or similar measures. All costs of any such measures shall be borne by the permittee.
A. 
Utilities.
(1) 
All utilities shall be located within the street right-of-way but outside the pavement width. Otherwise, easements or rights-of-way of sufficient width for installation and maintenance shall be provided, if possible.
(2) 
No utilities shall be designed to be constructed in fill slopes or fill areas.
(3) 
Utilities, including service laterals, placed under the roadbed shall be installed prior to road construction.
(4) 
A minimum horizontal four-foot clearance shall be required between all parallel utilities.
(5) 
Where utilities cross, a minimum standard of eighteen-inch vertical clearance shall be required.
(6) 
Any stormwater pipe installed in public rights-of-way must meet the AASHTO M294 smooth-wall pipe with bell end standards.
B. 
Water facilities.
(1) 
The subdivider or developer shall extend or create a water supply system for the purpose of providing domestic water use and fire protection.
(2) 
Where municipal water supply is available, the subdivider or developer shall connect with such supply and provide a connection for each lot. All water mains shall be at least six inches in diameter, and fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of any structure.
(3) 
Where the municipal water supply cannot be provided as determined by the Borough Engineer and the Council, the subdivider or developer shall provide a private centralized water supply and distribution system. Such a system shall be designed to meet the requirements of the Borough and standards of the DEP. Agreements suitable to the Borough shall be established for the ownership and maintenance of the system.
(4) 
The developer shall construct water mains to make water service available to each lot, building or dwelling unit. A minimum static pressure of 35 pounds per square inch shall be provided at each structure to be connected to the water supply main.
(5) 
Where no public water is accessible, water wells shall be furnished by the owner on an individual-lot basis as follows:
(a) 
Wells shall be located at least 25 feet from property lines.
(b) 
Wells shall be located more than 100 feet from any septic tank field or system.
(c) 
All wells shall have a watertight seal around the pump mounting to prevent seepage.
(d) 
Water samples shall be submitted to the Allegheny County Department of Health for its approval.
C. 
Sewerage facilities.
(1) 
Wherever feasible, sanitary sewers shall be installed and connected to the Borough (public) sewer system in accordance with regulations of the County Health Department.
(2) 
All sewers shall be designed and constructed in accordance with regulations of the DEP. No sanitary sewer or treatment plant shall be constructed until plans and specifications have been submitted to the DEP and approved in accordance with existing laws.
(3) 
If public sewer facilities are not reasonably accessible, the owner shall provide for sewage disposal on an individual-lot basis according to regulations and terms of the County Health Department. Percolation tests and test holes and the size of septic tanks shall be made as directed and approved by the County Health Department.
(4) 
Sewer capacities should be adequate to accommodate the anticipated maximum hourly quantity of sewerage with an allowance for infiltration or other extraneous flow.
(5) 
The diameter of sewers shall not exceed the diameter of the existing or proposed outlet and shall be greater than eight inches.
(6) 
All sewers shall be laid with straight alignment between manholes unless otherwise specified and approved by the Borough.
(7) 
Sanitary sewers shall be located within street rights-of-way unless topography dictates otherwise. When located in easements on private property, access shall be maintained to all manholes. A manhole shall be provided at each street crossing. Not less than six feet of cover shall be provided over the top of the pipe in street and alley rights-of-way or three feet in all other areas.
(8) 
Sewers shall be kept removed from water supply wells or other water supply sources and structures. A minimum horizontal distance of 10 feet shall be maintained between parallel waterlines and sewer lines or meet the separation requirement of each utility. At points where sewers cross water mains, the sewer shall be encased in concrete for a distance of 10 feet in each direction from the crossing, measured perpendicular to the waterline.
A. 
Applicants must meet the sanitary sewer regulations of the DEP and the Allegheny County Health Department and those of any other authority that has been granted an operational service area within Franklin Park Borough. In addition, applicants must meet the requirements of this section.
B. 
General requirements. The following shall apply to the construction of storm and sanitary sewers.
(1) 
Construction.
(a) 
All storm sewers and storm sewer extensions shall be designed and constructed according to plans approved by the Borough. All storm sewers shall be designed according to the Rational Method or other generally accepted practice. For storm sewers serving areas other than local development, the SCS Soil-Cover-Complex Method shall be utilized as outlined in the most recent version of TR No. 55, unless otherwise approved by the Borough Engineer. Storm sewers equal to or less than 18 inches in diameter shall be constructed to line and grade. Storm sewers greater than 18 inches in diameter may be constructed curvilinear; however, the joint deflection and resultant radius shall not exceed pipe manufacturers' recommendations. Curvilinear storm sewers 36 inches in diameter and smaller shall have a maximum manhole spacing of 400 linear feet.
(b) 
All sanitary sewers shall be designed and constructed in accordance with the DEP, the Allegheny County Health Department and the respective local authority guidelines and shall meet all rules, regulations and requirements of those agencies. This shall include obtaining all necessary reviews and permits from the respective governing authorities involved. All sanitary sewers shall be constructed to line and grade.
(2) 
Maintaining existing sewers in operation.
(a) 
The developer's attention is directed to the fact that any and all existing facilities must be maintained in continuous operation throughout the course of work. To that end, work shall be scheduled so as to avoid interruptions in the operation of the present facilities.
(b) 
If it proves impossible to avoid an interruption of the present facilities, the developer shall notify the Borough in writing of the intended start and duration of the interruption at least seven days in advance and shall receive written approval for the interruption before causing any of the existing facilities to be taken out of operation. If so directed, work shall be conducted around the clock on that portion of the work which necessitated the interruption. Before the facility is taken out of operation, the developer must have all materials, equipment, tools and other things necessary to complete the work at hand. The Borough shall decide, and its decision shall be final, in regard to whether the equipment, tools, etc., at hand are adequate to complete the work.
(3) 
Special conditions.
(a) 
The developer shall comply with the Commonwealth of Pennsylvania Department of Labor and Industry regulations for excavations and constructions.
(b) 
The developer shall file the required notification with the Bureau of Inspection, Department of Labor and Industry, prior to starting construction work.
(4) 
Flood conditions. It shall be the developer's responsibility to take whatever measures are necessary to protect the facilities from damage due to stormwater and floodwaters during the construction stage and until such time as they are formally accepted by the Borough.
(5) 
Antipollution measures.
(a) 
The developer shall perform all work in accordance with the provisions of the Pennsylvania Department of Environmental Protection Soil Erosion and Sedimentation Control Manual. In connection therewith, the developer's attention is directed to the Clean Streams Law, Act 394 of 1937 of the Commonwealth of Pennsylvania, as amended.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(b) 
The developer shall conduct his activities and shall program his trenching and restoration operations in such a manner as to minimize stream pollution from erosion of the freshly excavated and/or backfilled material during periods of excavation and during periods of surface water runoff. The developer shall reduce the area and duration of exposure of all erodible soils by the greatest extent practical, and to that end hydromulching, reseeding, paving and other specified surface restoration shall be required to closely follow backfilling operations. Sediment traps and other means to retard runoff rates shall be installed where needed. Similar holding basins or other sediment trap arrangements shall also be required to be installed at the discharge of dewatering pumps. Discretion shall be exercised during construction such that a minimum of disturbance and erosion pollution results.
(c) 
During all construction activities, the developer shall also, wherever possible, make every effort to minimize noises caused by his activities, especially in populated residential areas. Equipment shall be equipped with mufflers or silencers designed to operate with the least possible noise levels.
(d) 
The developer shall be further responsible for observing any local ordinances or laws regarding allowable or restricted working hours.
C. 
Construction. All stormwater sewers shall be constructed as specified in Appendix A and as shown on the typical drawings in Appendix F.[2]
[2]
Editor's Note: Appendixes A and F are on file in the Borough offices.
In all cases, the standards of § 212-1503 of Chapter 212, Zoning, shall apply to subdivision and land developments.
See Chapter 124, Grading.