The following principles, standards and requirements will be applied
by the Borough Council and Planning Commission to evaluating plans for proposed
subdivision or land developments. The standards and requirements outlined
herein shall be considered minimum standards and requirements for the promotion
of the public health, safety, morals and general welfare. Where literal compliance
with the standards herein specified is clearly impractical, the Borough Council
may modify or adjust the standards to permit reasonable utilization of property
while securing substantial conformance with the objectives of this chapter.
A.
Land shall be suited to the purposes for which it is
to be subdivided or developed.
B.
Land which is unsuitable for development because of hazards
to life, safety, health or property, shall not be subdivided or developed
until such hazards have been eliminated or unless adequate safeguards against
such hazards are provided for in the subdivision or land development plan.
Land included as having unsuitable characteristics would be the following:
(1)
Land subject to flooding or which has a high groundwater
table.
(2)
Land which, if developed, will create or aggravate a
flooding condition upon other land.
(3)
Land subject to subsidence.
(4)
Land subject to underground fires.
(5)
Land containing significant areas of slopes greater than
10%.
(6)
Land which, because of topography or means of access,
is considered hazardous by the Borough Council.
(7)
Land which is subject to ground pollution or contamination.
C.
Proposed subdivisions of land developments shall be coordinated
with existing nearby neighborhoods so that the community as a whole may develop
harmoniously.
A.
Proposed streets shall be properly related to such street
plans or parts thereof as have been officially prepared and adopted by the
Borough of Brentwood and shall be coordinated with existing or proposed streets
in adjoining subdivisions or land developments.
B.
Proposed streets shall further conform to such county
and state road and highway plans as have been prepared, adopted or filed as
prescribed by law.
C.
Streets shall be related to the topography so as to produce
usable lots and acceptable grades.
D.
Access shall be given to all lots and portions of the
tract in the subdivisions or land development and to adjacent unsubdivided
territory unless the topography clearly indicates that such connection is
not feasible. Streets giving such access shall be improved to the limits of
the subdivision or land development and shall be improved to borough specifications.
Reserve strips and landlocked areas shall not be created.
E.
Streets shall be laid out to preserve the integrity of
their design. Local access streets shall be laid out to discourage their use
by through traffic and, where possible, arterial streets shall be designed
for use by through traffic.
F.
Where the proposed subdivision or land development contains
or is adjacent to an existing or proposed arterial street or a highway designated
as a limited access highway by the appropriate highway authorities, provisions
shall be made for marginal access streets at a distance acceptable for the
appropriate use of the land between the arterial street or limited access
highway and the marginal access streets. The Borough Council may also require
rear service areas, double frontage lots or such other treatment as will provide
protection for abutting properties, reduction in the number of intersections
with primary streets and separation of local and through traffic.
G.
Half or partial streets will not be permitted in new
subdivisions or land developments except where essential to reasonable subdivision
or development of a tract in conformance with the other requirements and standards
of this chapter and where, in addition, satisfactory assurance for dedication
of the remaining part of the street can be secured.
H.
Wherever a tract to be subdivided or developed borders
an existing half or partial street, the entire street shall be shown on the
plan.
I.
Dead-end streets shall be prohibited, except as stubs
(with adequate turning capability) to permit future street extension into
adjoining tracts, or when designed as cul-de-sacs.
J.
New reserve strips, including those controlling access
to streets, shall be forbidden.
K.
Where adjoining areas are not subdivided, the arrangement
of streets in a proposed subdivision or land development shall be made to
provide for the proper projection of streets into the unsubdivided land.
L.
Street names shall be coordinated with existing or platted
street names and, if a new street is a continuation of or is aligned with
an existing or platted street, it shall bear the same name as the existing
or platted street.
M.
No street shall be laid out or opened which extends to
or crosses any boundary between the Borough of Brentwood and any other municipality
except with the specific approval of the Borough Council and upon such condition
as the Borough Council may impose. If the street is proposed to serve a commercial
area, an industrial area or a residential area of 50 dwelling units or more,
located in another municipality, the street shall not be approved unless the
area is also served by a street in the other municipality and unless the relevant
traffic facilities of the Borough of Brentwood are adequate to handle the
anticipated volume.
A.
Street classification. Three functional classifications
are hereby established for the streets and roads in the Borough of Brentwood.
(1)
Arterial. This classification includes highways which
provide intracounty or intermunicipal traffic of substantial volumes where
the average trip lengths are usually five miles or greater. Generally, these
highways should accommodate operating speeds of 35 to 55 miles per hour.
(2)
Collector. This classification is intended to include
those highways which connect local access highways to arterial highways. They
may serve intracounty and intramunicipal traffic. They may serve as traffic
corridors connecting residential areas with industrial, shopping and other
service. They may penetrate residential areas. Generally, these highways will
accommodate operating speeds of 35 miles per hour.
(3)
Local access. This classification is intended to include
streets and roads that provide direct access to abutting land and connections
to higher classes of roadways. Traffic volumes will be low and travel distances
generally short. These streets and roads should be designed for operating
speeds of 25 miles per hour or under.
B.
Right-of-way widths.
(1)
Right-of-way widths shall be as follows:
|
Type of Street
|
Right-of-Way Width
(feet)
|
Cartway Width
(feet)
| |
|---|---|---|---|
|
Arterial
|
80 to 120
|
46
| |
|
Collector
|
60
|
34
| |
|
Local access
|
50
|
30
|
(2)
Minimum widths for each type of public street shall be
as follows: where a proposed subdivision abuts or contains an existing public
street or road having a right-of-way width less than would be required if
said street or road were created under this chapter, sufficient additional
width for right-of-way shall be provided and dedicated to meet the foregoing
standards.
(3)
Additional right-of-way and cartway widths may be required
by the Borough Council to promote public safety and convenience when special
conditions require it and to provide parking space in areas of intensive use.
C.
Cul-de-sac streets.
(1)
Cul-de-sac streets, whether permanent or temporary, shall
be provided at the closed end with a turnaround having a minimum radius to
the edge of the finished street or curbline of not less than 50 feet.
(2)
Unless future extension is clearly impractical or undesirable,
the turnaround right-of-way shall be placed adjacent to a property line and
a right-of-way of the same width as the street shall be carried to the property
line in such a way as to permit future extension of the street into the adjoining
tract. At such time as such a street is extended, the overage created by the
turnaround outside the boundaries of the extended street shall revert in ownership
to the property owners fronting on the cul-de-sac turnaround.
(3)
Commercial and industrial cul-de-sacs shall be reviewed
for adequacy by the Borough Engineer. His recommendations will be given to
the Borough Council who shall have final authority in this matter.
(4)
Permanent cul-de-sac streets shall be kept to a minimum
and shall not exceed 600 feet in length.
D.
Street alignment.
(1)
Whenever street lines are deflected by more than five
degrees, connection shall be made by horizontal curves.
(2)
The minimum radius at the center line for horizontal
curves on collector and arterial streets shall be 300 feet, and for local
streets the minimum radius shall be 100 feet.
(3)
On local access streets, the minimum tangent between
reverse curves shall be at least 100 feet; on collector and arterial streets,
the minimum tangent shall be at least 250 feet.
(4)
Minimum vertical sight distance measured four feet above
grade shall be 300 feet for collector and arterial streets and 100 feet for
local access streets.
E.
Street grades.
(1)
The minimum grade on all streets shall be one-half percent
(1/2%).
(2)
The maximum grade on collector or arterial streets shall
be 7% and on local access streets 10%.
(3)
Vertical curves shall be used in changes of grade exceeding
1% and shall provide proper sight distances as specified herein above.
F.
Street intersections.
(1)
Local streets shall not intersect with collector or arterial
streets on the same side at intervals of less than 800 feet as measured from
center line to center line.
(2)
The distance between center lines of streets opening
onto the opposite side of a proposed or existing street shall be not fewer
than 150 feet, unless the streets are directly opposite each other.
(3)
Multiple intersections involving the junction of more
than two streets shall be avoided. Where this proves impossible, such intersections
shall be designed with extreme care for both pedestrian and vehicular safety.
(4)
Streets shall be all laid out to intersect as nearly
as possible at right angles. Local streets shall not intersect collector or
arterial streets at an angle of fewer than 75°. The intersection of two
local streets shall not be at an angle of fewer than 60°.
(5)
Minimum curb radius at the intersection of two local
streets shall be at least 20 feet; and minimum curve radius at an intersection
of a local street and a collector or arterial street shall be at least 25
feet.
(6)
There shall be provided and maintained at all intersections
clear sight triangles of 75 feet in all directions measured along the center
line from the point of intersection. Nothing which obstructs the vision of
a motorist shall be permitted in this area.
(7)
Intersections shall be designed with a flat grade wherever
practical. Where the grade of any street at the approach to an intersection
exceeds 7%, a leveling area shall be provided having a grade of not greater
than 4% for a distance of 25 feet measured from the nearest right-of-way line
of the intersecting street.
G.
Pavement design.
(1)
All components of the pavement structure shall be designed
and constructed in accordance with Pennsylvania Department of Transportation
Specifications, Form 408.
(2)
Minimum requirements. The following shall be considered
to be minimum standards for street construction in the Borough of Brentwood:
|
Alternates
|
Type
|
Local Access Streets
|
Collector and Arterial Streets
| ||
|---|---|---|---|---|---|
|
Rigid pavement
|
Plain cement concrete subbase
|
6
|
6
| ||
|
Flexible pavements
| |||||
|
Surface
|
ID-2
|
1 1/2
|
1 1/2
| ||
|
Base
|
Bituminous
|
4
|
6
| ||
|
Subbase
|
6 (if required)
|
6 (if required)
| |||
|
Surface
|
ID-2
|
3
|
3
| ||
|
Base
|
Crushed aggregate (regular or dense grade)
|
6
|
20
| ||
|
Subbase
|
6 (if required)
|
9 (if required)
| |||
|
Surface
|
ID-2
|
3
|
3
| ||
|
Base
|
Modified stone aggregate
|
8
|
10
| ||
|
Subbase
|
6 (if required)
|
9 (if required)
| |||
A.
Curbs.
(1)
Curbs shall be provided on all streets and parking compounds
located within multifamily and apartment building developments. Curbs shall
also be required on new streets in subdivisions or land developments in which
the average lot width of interior lots at the required building setback line
is 100 feet or less. Curbs may also be required in any subdivision in which
the lot areas or lot widths exceed the above minimum, when the center line
street grade of any street exceeds 3%. In such cases curbs or other drainage
controls shall be installed to properly control surface drainage and protect
the streets from erosion. The requirement of the curbs may be waived at the
discretion of the Borough Council.
(2)
All curbs shall be depressed at intersections to sufficient
width to accommodate wheelchairs. Depression shall be in line with sidewalks
where provided.
(3)
Curbs may be either the vertical type or rolled curb
and gutter type. Rolled curb and gutter shall not be used on collector streets.
The transition from one type of curb to another shall occur only at street
intersections.
(4)
All curbs shall be constructed of portland cement concrete
with expansion joints every 20 feet and shall follow PennDOT standards where
applicable.
B.
Sidewalks.
(1)
Sidewalks shall be provided on all streets and parking
compounds located within multifamily and apartment building developments.
Sidewalks shall also be required on new streets in subdivisions or land developments
in which average lot width of interior lots at the required building setback
line is 100 feet or less. The requirement of sidewalks may be waived at the
discretion of the Borough Council.
(2)
Minimum widths for sidewalks along each type of public
street shall be four feet and shall follow PennDOT specifications where applicable.
A.
Lots shall be laid out and graded to provide positive
drainage away from buildings. The Borough Council may require a grading and
drainage plan for individual lots indicating a buildable area within each
lot, complying with the setback requirements, for which positive drainage
is assured.
B.
No person, corporation or other entity shall block, impede
the flow of, alter, construct any structure or deposit any material or thing
or commit any act which will affect normal or flood flow in any communal stream
or watercourse without having obtained prior approval from the Borough of
Brentwood or Department of Environmental Protection, whichever is applicable.
C.
Where a subdivision or land development is traversed
by a natural watercourse, there shall be provided a drainage easement or right-of-way
conforming substantially with the line of such watercourse and of such width
as will be adequate to preserve natural drainage.
D.
The Borough of Brentwood will assure that all permanent
streams, not under the jurisdiction of other official agencies, are maintained
open and free flowing.
E.
The subdivider or developer and each person, corporation
or other entity which makes any surface changes shall be required to:
(1)
Collect on-site surface runoff and dispose of it to the
point of discharge into the common natural watercourse of the drainage area.
(2)
Design drainage facilities to handle runoff from upstream
areas, assuming full development of those areas, based upon the Comprehensive
Plan for the Borough of Brentwood.
(3)
Design, construct and/or install such drainage structures
and facilities as are necessary to prevent erosion damage to the subdivision
or land development, adjacent property and downstream property. Such structures
and facilities shall satisfactorily convey such surface waters to the nearest
practical street, storm drain, detention pond or natural watercourse.
F.
Storm sewers, culverts and related installations shall
be provided to permit unimpeded flow of natural watercourses, to drain all
low points along streets and to intercept stormwater runoff along streets
at intervals reasonably related to the extent and grade of the area drained.
G.
Storm sewers, as required, shall be placed in front of
the curb or curbline when located in a street right-of-way. When located in
undedicated land, they shall be placed within an easement not less than 15
feet wide, as approved by the Borough Engineer, who may require additional
width of easement as circumstances warrant.
H.
Street drainage will not be permitted to cross intersections
or the crown of the road.
(1)
The maximum spacing of street inlets shall not exceed
600 feet.
(2)
All street inlets shall be PennDOT Type C or M. Inlet
tops shall be cast in place reinforced concrete or precast concrete.
(3)
All culvert ends shall be provided with either reinforced
concrete headwalls or pipe end sections.
(4)
The minimum pipe size shall be fifteen-inch diameter.
(5)
When material for storm drain systems is not specified,
PennDOT specifications will govern.
I.
All springs and sump pump discharges shall be collected
so as not to flow in the streets.
J.
Stormwater roof drains shall not discharge water directly
over a sidewalk.
K.
Stabilized outlets shall be provided for footer drains,
floor drains and downspouts.
L.
The Soils Cover Complex Method of the Soil Conservation
Service of the United States Department of Agriculture shall be used as the
primary means of estimating stormwater runoff.
M.
The Rational Method may be used for analysis of storm
sewer systems and for stormwater management facilities in minor subdivisions.
N.
Where the estimated runoff based upon the above methods
is doubtful, several recognized methods should be studied and compared.
O.
The minimum design criteria shall be a ten-year-storm.
Higher frequency conditions shall be used in sensitive areas and where an
overflow would endanger public or private property.
P.
Runoff calculations must include complete hydrologic
and hydraulic design and analysis of all control facilities.
Q.
Control facilities.
(1)
Permanent control measures/facilities shall be designed
to assure that the maximum rate of stormwater runoff is not greater after
development than prior to development for a ten-year-storm frequency. More
stringent criteria may be required in sensitive areas where stormwater problems
presently exist.
(2)
Control facilities shall be designed to meet, as a minimum,
the design standards and specifications of the Erosion and Sedimentation Control
Handbook for the Borough of Brentwood.
(a)
Detention ponds may be waived by the Borough Council
on the recommendation of the Borough Engineer at sites in close proximity
to the major streams. This is to facilitate drainage prior to stream flooding.
(b)
In areas underlain with limestone geology, ponds shall
be limited to the detention (dry) type, unless the developer can show a special
need for a retention pond, in which case it shall have a lining. Detention
ponds shall be prohibited in areas of known sinkholes unless the pond is lined.
If a sinkhole develops in a pond or channel before acceptance by the Borough
of Brentwood, a lining shall be required.
(c)
Any ponds with slopes steeper than 3:1 shall be fenced
with a six-foot fence with a type subject to the approval of the Borough of
Brentwood.
(3)
A maintenance program for control facilities must be
included as part of the grading and drainage plan.
(a)
Maintenance during development activities of a project
shall be the responsibility of the contractor, developer and owner.
(b)
Arrangement for maintenance of permanent control facilities
after completion of development activities shall be made before approval of
final plans is given by the Borough Council.
(c)
In cases where permanent control facilities are owned
by an entity, it shall be the responsibility of that entity to maintain control
facilities (e.g., homeowner's association). In such cases a legally binding
agreement between the owner and the Borough of Brentwood shall be made providing
for maintenance of all permanent erosion control facilities, including the
inspection by the Borough of Brentwood.
A.
Blocks and lots shall be graded to provide proper drainage
away from buildings and to prevent the collection of stormwater in pools.
Minimum 2% slopes away from structures shall be required.
B.
Lot grading shall be of such design as to carry surface
waters to the nearest practical street, storm drain or natural watercourse.
Where drainage swales are used to deliver surface waters away from buildings,
their grade shall not be fewer than 1% nor more than 4%. The swales shall
be sodded, planted or lined as required. A grading and draining plan shall
be required for all subdivisions and land developments, except minor subdivisions.
C.
No final grading shall be permitted with a cut face steeper
in slope than two horizontal to one vertical except under one or more of the
following conditions:
(1)
The material in which the excavation is made is sufficiently
stable to sustain a slope of steeper than two horizontal to one vertical,
and a written statement of a civil engineer, licensed by the Commonwealth
of Pennsylvania and experienced in erosion control, to that effect is submitted
to the Borough Engineer and approved by him. The statement shall state that
the site has been inspected and that the deviation from the slope specified
hereinbefore will not result in injury to persons or damage to property.
(2)
A concrete or stone masonry wall constructed according
to sound engineering standards for which plans are submitted to the Borough
Engineer for review and approval is provided.
D.
No final grading shall be permitted which creates any
exposed surface steeper in slope than two horizontal one vertical except under
one or more of the following conditions:
(1)
The fill is located so that settlement, sliding or erosion
will not result in property damage or be hazardous to adjoining property,
streets, alley or buildings.
(2)
A written statement from a civil engineer, licensed by
the Commonwealth of Pennsylvania and experienced in erosion control, certifying
that he has inspected the site and that the proposed deviation from the slope
specified above will not endanger any property or result in property damage
is submitted to and approved by the Borough Engineer.
(3)
A wall is constructed to support the face of the fill.
E.
The top or bottom edge of slopes shall be a minimum of
three feet from property or right-of-way lines of street or alleys in order
to permit the normal rounding of the edge without encroaching on the abutting
property. All property lines, where walls or slopes are steeper than one horizontal
to one vertical and five feet or more in height shall be protected by a protective
fence no less than three feet in height approved by the Borough Engineer.
F.
All lots must be kept free of any debris or nuisances
whatsoever.
A.
The length, width, shape and design of blocks shall be
determined with due regard to the provision of adequate sites for buildings
of the type proposed, to the land use and/or zoning requirements of the Borough
of Brentwood, the topography of the land being subdivided and the requirements
for safe and convenient vehicular and pedestrian circulation.
B.
Unless the topography of the land being subdivided or
the existing pattern of development in the immediately adjacent area shall
be otherwise than herein required, the following minimum standards for the
design and size of blocks and lots shall prevail:
(1)
Blocks shall not exceed 1,600 feet in length, nor be
fewer than 500 feet in length.
(2)
Residential blocks shall generally be of sufficient depth
to accommodate two tiers of lots, except where reverse frontage lots bordering
an arterial or collector street are used or where due to the contour of the
land or the necessary layout of the subdivision there is insufficient depth
between intersecting streets for such two-tier design.
(3)
Crosswalks or interior pedestrian walks shall be required
in blocks exceeding 1,000 feet in length to provide for pedestrian circulation
or access to community facilities. Such walks shall be paved for width of
not fewer than four feet, shall be located in easements not fewer than 10
feet in width and shall, insofar as possible, be located in the center of
any such block.
(4)
Blocks for commercial and industrial areas may vary from
the elements of design contained in this section if the nature of the use
requires other treatment. In such cases, off-street parking for employees
and customers shall be provided along with safe and convenient limited access
to the street system. Space for off-street loading shall also be provided
with limited access to the street system. Extension of streets, railroad access
right-of-way, and utilities shall be provided as necessary.
(5)
Lot lines intersecting street lines shall be substantially
at right angles or radial to street lines.
(6)
Lots shall, in general, front on a street which has already
been dedicated to the Borough of Brentwood or which the subdivider or developer
proposes to dedicate to the Borough of Brentwood in connection with approval
of the final plan. In commercial or industrial subdivisions or land developments
where access is proposed to be provided by private streets within the subdivision
or land development, this requirement may be waived by the Borough Council.
(7)
The Borough of Brentwood shall assign house numbers to
each lot within a subdivision.
(9)
Remnants of land, smaller than required for a lot, shall
not be permitted within any subdivision. Such remnants shall be incorporated
in existing or proposed lots or dedicated to public use if acceptable to the
Borough Council.
A.
It is the policy of this Borough of Brentwood that all
subdivided lands shall have immediate access to a public street. Because of
unique property configuration and location, this Borough of Brentwood recognizes
the need for limited exceptions to the foregoing general policy.
B.
No subdivision will be approved on a private street or
road if more than two lots already front on such street or road or if after
subdivision more than two lots will front on such private street or road.
A.
In order to promote the highest environmental quality
possible, the degree to which the applicant of a subdivision or land development
plan has preserved existing salient natural features and land forms intrinsic
to the site, shall be assessed. Terms of approval of a plat may be subject
to the manner in which the layout or design of the plan has preserved existing
natural features, such as, but not limited to trees, wooded areas and watercourses.
B.
Open space. Where the applicant is offering for dedication
or is required by ordinance to establish a reservation of open space or preserve
an area of scenic or historic importance, a limit of work, which will confine
excavation, earthmoving procedures and other changes to the landscape, may
be required to ensure preservation and prevent despoliation of the character
of the area in open space.
C.
Tree preservation. Whenever possible, trees shall not
be removed unless they are located within the proposed street right-of-way,
within the proposed building area or within utility locations and equipment
access areas. In areas where trees are retained, the original grade level
shall be maintained, if possible, so as not to disturb the trees.
D.
Topsoil preservation. All of the topsoil from areas where
cuts and fills have been made should be stockpiled and redistributed uniformly
after grading. All areas of the site shall be stabilized by seeding or planting
on slopes of fewer than 10% and shall be stabilized by sodding on slopes 10%
or more and planted in ground cover on slopes 20% or greater.
E.
Landscaping. For all multifamily, apartment, office,
commercial, and industrial subdivisions or land developments, a landscaping
plan shall be provided and shall include sufficient plantings for the required
open space, planting strips, screenings, formal gardens, shade trees and natural
barriers.
F.
Buffer planting requirements. Buffer yard requirements should be as specified in Chapter 210, Zoning.
G.
Preserved landscaping. When there is a conscientious
effort to preserve the existing natural integrity and character of a site
and where such preservation effectuates areas of woodland and trees comparable
to required planting improvements, i.e., landscaping and buffer screening,
the plan may be received in lieu of additional landscaping requirements.
H.
Trees. The planting of trees within the street right-of-way
line shall not be permitted. The planting of any trees within the private
property of each residential lot shall be at the discretion of the property
owner or developer.
I.
Watercourse protection. Where a subdivision or land development is traversed by a natural watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage. Such easement shall be in addition to the open space required in Subsection B.
A.
It is the policy of this Borough of Brentwood to provide
recreational facilities for all the residents of the Borough of Brentwood
pursuant to the Borough Recreation Plan. Centralized facilities are preferred
over local neighborhood facilities. New and additional facilities are required
in direct proportion to increase in population. Developers causing increases
in population by new residences must share in the cost of additional recreational
facilities.
B.
A contribution for recreation purposes shall be made
in an amount set forth from time to time by resolution of the Borough Council,
payable upon and as a condition of obtaining an occupancy permit pursuant
to the ordinances of this Borough of Brentwood.[1]
C.
The requirements of Subsection B shall be noted upon the final subdivision plan, which notation shall be deemed not to constitute a lien or encumbrance on the title of the land.
D.
All moneys paid to the Borough of Brentwood in this manner
shall be kept in a capital reserve fund established as provided by law. Moneys
in such fund may be combined for investment purposes, if permitted by law,
but shall be used only for the acquisition of land or capital improvements
for open space and park and recreation purposes.
E.
The foregoing provisions of this section shall not apply
to any subdivision for which a preliminary plan has been approved by this
Borough of Brentwood before the effective date of this chapter which provides
for active recreational facilities (i.e., swimming pool, tennis courts, baseball/softball
fields, etc.) as distinguished from passive recreational facilities (i.e.,
yards, open playfields, walking trails, etc.), it being the intention of this
Borough of Brentwood to extend a credit against the monetary contribution
above provided to any developer who has heretofore planned to provide active
recreational facilities agreeable to the Borough of Brentwood.[2]
A.
Purpose. The specific purposes of these special provisions
are to:
(1)
Regulate the subdivision or development of land within
any designated floodplain area in order to promote the general health, welfare
and safety of the community.
(2)
Require that each subdivision lot in flood-prone areas
be provided with a safe building site with adequate access; and that public
facilities which serve such uses be designed and installed to preclude flood
damage at the time of initial construction.
(3)
Prevent individuals from buying lands which are unsuitable
for use because of flooding by prohibiting the improper subdivision or development
of unprotected lands within the designated floodplain districts.
B.
Abrogation and greater restrictions. To the extent that
this section imposes greater requirements or more complete disclosure than
any other provisions of this chapter, in any respect, or to the extent that
the provisions of this section are more restrictive than such other provisions,
it shall control such other provisions of this chapter.
C.
Disclaimer of municipal liability. The grant of a permit
or approval of a plan for any proposed subdivision or land development to
be located within any designated floodplain area shall not constitute a representation,
guarantee or warranty of any kind by the Borough of Brentwood or by any official
or employee thereof of the practicability or safety of the proposed use and
shall create no liability upon the Borough of Brentwood, its officials, employees
or agents.
D.
Application procedures and requirements.
(1)
Preapplication procedures.
(a)
Prior to the preparation of any plans, it is suggested
that prospective developers consult with the Pennsylvania Department of Environmental
Protection concerning soil suitability when on-site sewage disposal facilities
are proposed.
(b)
Prospective developers shall consult the County Conservation
District representative concerning erosion and sediment control and the effect
of geologic conditions on the proposed development. At the same time, a determination
should be made as to whether or not any flood hazards either exist or will
be created as a result of the subdivision or development.
(2)
Preliminary plan requirements. The following information
shall be required as part of the preliminary plan and shall be prepared by
a registered engineer or surveyor:
(a)
The name of the engineer, surveyor or other qualified
person responsible for providing the information required in this section.
(b)
A map showing the location of the proposed subdivision
or land development with respect to any designated floodplain area, including
information on, but not limited to the one-hundred-year-flood elevations,
boundaries of the floodplain area or areas, proposed lots and sites, fills,
flood or erosion protective facilities and areas subject to special deed restrictions.
(c)
Where the subdivision or land development lies partially
or completely within any designated floodplain area, or where the subdivision
or land development borders on a floodplain area, the preliminary plan map
shall include detailed information giving the location and elevation of proposed
roads, public utilities and building sites. All such maps shall also show
contours at intervals of five feet and shall identify accurately the boundaries
of the floodplain areas.
(d)
Such other information as is required by this chapter.
(3)
Final plan requirements. The following information shall
be required as part of the final plan and shall be prepared by a registered
engineer or surveyor:
(a)
All information required for the submission of the preliminary
plan incorporating any changes requested by the Borough Council.
(b)
A map showing the exact location and elevation of all
proposed buildings, structures, roads and public utilities to be constructed
within any designated floodplain area. All such maps shall show contours at
intervals of five feet within the floodplain area and shall identify accurately
the boundaries of the flood-prone areas.
(c)
Submission of the final plan shall also be accompanied
by all required permits and related documentation from the Department of Environmental
Protection and any other commonwealth agency or local municipality where any
alteration or relocation of a stream or watercourse is proposed. In addition,
documentation shall be submitted indicating that all affected adjacent municipalities
have been notified in advance of the proposed alteration or relocation. The
Department of Community Affairs and the Federal Insurance Administration shall
also be notified in advance of any such proposed activity, and proof of such
notification shall be submitted in advance of the Planning Commission meeting
at which such plan is to be considered.
E.
Design standards and improvements in designated floodplain
areas.
(1)
General.
(a)
Where not prohibited by this or any other laws or ordinances,
land located in any designated floodplain area may be platted for development
with the provision that the developer construct all buildings and structures
to preclude flood damage in accordance with this and any other laws and ordinances
regulating such development.
(b)
No subdivision or land development, or part thereof,
shall be approved if the proposed development or improvements will individually
or collectively, increase the one-hundred-year-flood elevation more than one
foot at any point.
(c)
Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any floodway area. Sites for these uses may be permitted outside the floodway area in a floodplain area if the lowest floor (including basement) is elevated to the regulatory flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend laterally for a distance of at least 15 feet beyond the limits of the proposed structures and access shall meet the requirements of Subsection E(3) hereinbelow.
(d)
Building sites for structures or buildings other than for residential uses shall not be permitted in any floodway area. Sites for such structures or buildings outside the floodway in a floodplain area shall be protected as provided for in Subsection E(1)(c) above. However, the Borough Council may allow the subdivision or development of areas or sites for commercial and industrial uses at an elevation below the regulatory flood elevation, if the developer otherwise protects the area to that height or assures that the buildings or structures will be floodproofed to the regulatory flood elevation.
(e)
If the Borough Council determines that only a part of
a proposed plat can be safely developed, it shall limit development to that
part and shall require that development proceed consistent with this determination.
(f)
When a developer does not intend to develop the plat
himself and the Borough Council determines that additional controls are required
to ensure safe development, they may require the developer to improve appropriate
deed restrictions on the land. Such deed restrictions shall be inserted in
every deed and noted on every recorded plat.
(2)
Drainage facilities.
(a)
Storm drainage facilities shall be designed to convey
the flow of surface waters without damage to persons or property. The system
shall ensure drainage at all points along streets and provide positive drainage
away from buildings and on-site waste disposal sites.
(b)
Plans shall be subject to the approval of the Borough
Council. The Borough Council may require a primary underground system to accommodate
frequent floods and a secondary surface system to accommodate larger, less
frequent floods. Drainage plans shall be consistent with local, county and
regional drainage plans. The facilities shall be designed to prevent the discharge
of excess runoff onto adjacent properties.
(3)
Streets and driveways. The finished elevation of proposed
streets and driveways shall not be more than the one foot below the regulatory
flood elevation. Profiles and elevations of streets and driveways to determine
compliance with this requirement and as required by other provisions of this
chapter shall be submitted with the final plan. Drainage openings shall be
sufficient to discharge flood flows without unduly increasing flood heights.
(4)
Sewer facilities. All sanitary sewer systems located
in any designated floodplain area, whether public or private, shall be floodproofed
up to the regulatory flood elevation.
(5)
Water facilities. All water systems located in any designated
floodplain area, whether public or private, shall be floodproofed up to the
regulatory flood elevation.
(6)
Other utilities and facilities. All other public or private
utilities and facilities, including gas and electric, shall be elevated or
floodproofed up to the regulatory flood elevation.
