The standards and requirements contained in
this article shall apply as minimum design standards for subdivisions
and/or land developments.
B.
Municipal approvals required prior to plan submission.
Whenever the Municipal Zoning Ordinance[2] provides that the use proposed by the applicant for subdivision
or land development approval shall constitute a use by special exception
or conditional use, the applicant shall obtain such special exception
or conditional use approval from the municipal governing body or Zoning
Hearing Board, as applicable, prior to the submission of the preliminary
plan. The plan shall be designed and developed in accordance with
any conditions which have been imposed upon the grant of such special
exception or conditional use by the municipal governing body or Zoning
Hearing Board, as applicable.
C.
Variances required prior to plan submission. Whenever
the plan indicates that a variance from the applicable zoning ordinance
shall be required, the applicant shall obtain such variance from the
Municipal Zoning Hearing Board prior to the submission of the preliminary
plan. The plan shall be designed and developed in accordance with
any conditions which have been imposed upon the grant of such variance
by the Zoning Hearing Board.
A.
General arrangement. The following criteria shall
be considered in the design of streets in all subdivision and land
development plans:
(1)
The arrangement of streets shall conform to the circulation
plan of the County and Municipal Comprehensive Plans, to Official
Maps and to such county, municipal and state road and highway plans
as have been duly adopted.
(2)
For streets not shown on the circulation plan or Official
Map, the arrangement shall provide for the appropriate extension of
existing streets and shall conform as closely as possible to the original
topography.
(3)
Residential local streets shall be arranged so as
to minimize through traffic and discourage excessive speeds.
(4)
Streets shall be designed with drainage grates that
are safe for crossing by bicycles or horse-drawn vehicles.
(5)
Adequate vehicular and pedestrian access shall be
provided to all lots.
(6)
Curvilinear streets and culs-de-sac should be utilized
only where their use will be consistent with adjoining development
patterns, topography and natural features of the site. Culs-de-sac
shall not be used where it is possible to provide loop streets that
provide better access for emergency vehicles, fewer restrictions for
snow removal and improved pedestrian access. Curvilinear streets shall
not be used immediately adjacent to an existing grid street system
without providing a transition that continues and protects the historic
grid. New project street systems shall not be merely looped back on
local access streets, but shall connect with or be designed to connect
with, in the future, streets of a higher class (see Appendix 2[1]). Consideration shall be given to the dispersal of traffic
from commercial and employment centers and to the ultimate functioning
of the street system.
[1]
Editor's Note: All Appendix material is on
file in the borough offices.
(7)
Streets shall be laid out to provide convenient and
safe access to the property. Where appropriate, the borough may require
additional cartway improvements and/or right-of-way width along existing
street frontages to accommodate the anticipated traffic increases
and to facilitate vehicular turning movements to and from individual
lots.
(8)
Where a development abuts an existing or proposed
arterial street, the borough may require the use of marginal access
streets, reverse frontage lots or other such treatment that will provide
protection for abutting properties, reduce the number of intersections
with the arterial street and separate the local and through traffic.
B.
Street hierarchy.
(1)
Streets shall be classified in a street hierarchy
system with design tailored to function and average daily traffic
(ADT).
(2)
The street hierarchy system shall be defined by road
function and ADT, calculated by trip generation rates prepared by
the Institute of Transportation Engineers (ITE) as indicated in Appendix
1[2] or as listed in the latest edition of the ITE Trip Generation
Manual. Trip generation rates from other sources may be used if the
applicant demonstrates that these sources better reflect local conditions.
[2]
Editor's Note: All Appendix material is on
file in the borough offices.
(4)
The applicant shall demonstrate to the borough's satisfaction
that the distribution of traffic to the proposed street system will
not exceed the ADT thresholds indicated in Appendix 2[4] for any proposed street type for a design period of 10
years from the proposed date of completion of the road.
[4]
Editor's Note: All Appendix material is on
file in the borough offices.
(5)
Private streets. Private streets are prohibited unless
such streets meet the design standards of these regulations for local
access streets. All subdivision streets shall be dedicated to the
public unless design objectives of the development warrant private
ownership. Approval of a subdivision involving a private street shall
be solely at the discretion of the borough. Applications which propose
a private street shall be accompanied by an agreement which shall
be recorded with the Cumberland or Franklin County Recorder of Deeds
as part of the final plan. This agreement shall establish the conditions
under which the street will be constructed and maintained, as well
as conditions controlling an offer of dedication and shall stipulate:
(a)
That the street shall be constructed and maintained
to conform to the specifications of this chapter.
(b)
That the owners of the abutting lots will include,
with any future offer for dedication, sufficient moneys, as estimated
by the municipality, to restore the street to conformance with municipal
standards.
(c)
That an offer for dedication of the street shall
be made only for the street as a whole.
(d)
The method of assessing maintenance and repair
cost.
(e)
That an agreement by the owners of 51% of the
front footage thereon shall be binding on the owners of the remaining
lots.
(6)
Arterial street design. The design standards for arterial
streets shall be as specified by the Pennsylvania Department of Transportation
for state roads and by township/city/borough road ordinances for municipal
roads classified as arterial streets under the federal aid system.
An arterial street is a street which provides for intercommunity travel.
Applications which propose developments or subdivisions along arterial
streets must include citations to appropriate current road specifications
and standards or include notice of improvement and access approval
from the appropriate agency.
C.
Determination of required right-of-way and cartway
width for local and collector streets.
(1)
Right-of-way and cartway width for each local and
collector street classification shall be determined by the proposed
use, projected ADT and the intensity of development along each street.
(2)
Parking and shoulder requirements shall also be based
on intensity of development. Intensity of development shall be determined
by lot frontage and ADT as follows:
|
Table I
Intensity of Development
| |||
|---|---|---|---|
|
Average Daily Traffic
| |||
|
Lot Frontage
(feet)
|
Less than 400
|
400 to 1,000
|
Greater than 1,000
|
|
Less than 149
|
Low
|
Medium
|
High
|
|
150 or more
|
Low
|
Low
|
Medium
|
(3)
Right-of-way and cartway widths for each street classification
are as shown in Appendix 3.[5] Each street shall be designed, for its entire length,
to meet the design requirements of the most intense use with all nonresidential
uses designed to commercial/industrial street standards. All plans
shall be designed to provide for the entire required right-of-way
and cartway.
[5]
Editor's Note: All Appendix material is on
file in the borough offices.
(4)
The right-of-way shall be measured from lot line to
lot line and shall be sufficiently wide to contain the cartway, curbs,
shoulders, sidewalks, graded areas, utilities and shade trees.
(5)
The right-of-way width of a new street that is a continuation
of an existing street shall in no case be continued at a width less
than the existing street. Where the right-of-way width of the new
street is greater than the existing street, a transition area shall
be provided, the design of which is subject to borough approval.
(6)
The right-of-way shall reflect future development
as indicated by the duly adopted Municipal or County Comprehensive
Plan or Official Map.
D.
Shoulders.
(1)
The borough shall require construction of shoulders
and drainage swales where curbs are not required.
E.
F.
Sidewalks.
(2)
In conventional developments, sidewalks shall be placed
parallel to the street within the right-of-way unless a waiver has
been granted to preserve topographical or natural features or to provide
visual interest or unless the applicant shows that an alternative
pedestrian system provides safe and convenient circulation. In commercial
and in high-density residential areas, sidewalks may abut the curb.
(3)
In planned residential developments, sidewalks may
be located away from the road system to link dwelling units with other
dwelling units, the street and on-site activity centers such as parking
areas and recreational areas. They may also be required parallel to
the street for safety and other reasons.
(4)
Pedestrianway easements 10 feet wide may be required
by the borough through the center of blocks more than 600 feet long
to provide circulation or access to schools, playgrounds, shopping
or other community facilities.
(5)
Sidewalk width shall be four feet; wider widths may
be necessary near pedestrian generators and employment centers. Where
sidewalks abut the curb and cars overhang the sidewalk, widths shall
be five feet.
(6)
Sidewalks and graded areas shall be constructed according
to the specifications set forth in Appendixes 4 and 12,[10] except where a municipality has adopted standards for
sidewalks and pedestrianways, in which case the municipal specifications
shall supersede this chapter.
[10]
Editor's Note: All Appendix material is on
file in the borough offices.
G.
Vertical alignments. Vertical street alignments shall
be measured along the center line. The minimum grade and maximum grade
of all streets shall be as specified in Appendix 5[11] or this chapter.
(1)
Vertical curves shall be used in changes in grade
exceeding 1%. The minimum lengths (in feet) of vertical curves shall
be 15 times the algebraic difference in grade. For example, if a three-percent
upgrade is followed by a four-percent downgrade, the algebraic difference
in grade is 7 [+3-(-4) = 7]; the minimum length of the vertical curve
would then be 105 feet (15 x 7 = 105).
(2)
Where the approaching grade exceeds 7% on any or all
streets at a four-way street intersection or the terminating street
at a three-way intersection, a leveling area shall be provided on
the street(s) with such excessive grade. Such leveling area(s) shall
have a maximum grade of 4% for a minimum length of 75 feet measured
from the intersection of the center lines as specified in Appendix
5.[12]
[12]
Editor's Note: All Appendix material is on
file in the borough offices.
[11]
Editor's Note: All Appendix material is on
file in the borough offices.
H.
Horizontal alignments. Horizontal street alignments
shall be measured along the center line. Horizontal curves shall be
used at all angle changes in excess of 2°. Single, long radius
curves shall be used rather than a series of curves with varying radii
and/or a series of short curves separated by short, straight segments.
The minimum horizontal curve radius for streets shall be 150 feet.
(1)
Perimeter streets. Plans with street locations along
the perimeter of a property shall be required to show building setback
lines and clear sight triangles within the adjacent properties. Permission
shall be obtained from the adjacent landowner.
(2)
Cartway alignment. The center line of the street cartway
shall correspond with the center line of the street right-of-way.
I.
Street intersections.
(1)
Multiple intersections involving the junction of more
than two streets are prohibited.
(2)
The distance between the center line of streets intersecting
at grade with a local street shall be no less than 150 feet measured
along the center line of the street being intersected based on the
safe stopping distance of a road with a design speed of 25 miles per
hour at a moderate grade.
(3)
The distance between the center line of streets intersecting
at grade with a collector street shall be no less than 300 feet measured
along the center line of the street being intersected based on the
safe stopping distance of a road with a design speed of 40 miles per
hour at a moderate grade.
(4)
The distance between the center line of streets intersecting
at grade with an arterial street shall be no less than 600 feet measured
along the center line of the street being intersected based on the
safe stopping distance of a road with a design speed of 55 miles per
hour at a moderate grade.
(5)
Right angle intersections shall be used whenever possible.
No street shall intersect another at an angle of less than 75°.
(6)
The cartway edge at street intersections shall be
rounded by a tangential arc with a minimum radius of 20 feet for local
streets and 30 feet for intersections involving major streets. The
right-of-way radii at intersections shall be substantially concentric
with the edge of the cartway.
(7)
Where appropriate, the borough may require additional
traffic lanes to facilitate vehicular turning movements at existing
or proposed street intersections within or bordering subdivision or
land development plans.
(8)
Clearly marked crosswalks shall be provided at all
intersections when sidewalks or pedestrian easements are provided
in a development. Crosswalks may also be required by the Borough Council
at other locations to promote the convenience and safety of pedestrian
traffic. The design of crosswalks and the materials used shall be
consistent with other crosswalks in the area.
J.
Sight distance at street intersections.
(1)
Proper safe stopping distance shall be provided with
respect to both horizontal and vertical road alignments at all intersections.
The sight distance shall be measured from a line 10 feet back from
the edge of the cartway of the intersected street perpendicular to
the center line of the intersecting street. The sight distance shall
be determined by the design speed of the road and the grade of the
intersected street in accordance with Appendix 7[14] using the formula: D = [1.47Vt+(V/30(F=-G))] where D =
distance, V = speed of the oncoming vehicle in miles per hour, t =
the reaction time of the driver, F = the coefficient of friction on
the vehicle and G = grade of the intersected street.
[14]
Editor's Note: All Appendix material is on
file in the borough offices.
(2)
At all intersections where stop signs or other stop
control devices are not proposed, sight triangle easements or dedicated
right-of-way shall be required and shall include the area on each
street corner that is bounded by the line which connects the sight
or connecting points located on each of the right-of-way lines of
the intersecting street. The planting of trees or other plantings
or the location of structures exceeding 30 inches in height that would
obstruct the clear sight across the area of the easements or right-of-way
shall be prohibited; and a public right-of-entry shall be reserved
for the purpose of removing any object, material or otherwise, that
obstructs the clear sight. The distances shown in Appendix 6[15] between the connecting points and the intersection of
the right-of-way lines shall be required.
[15]
Editor's Note: All Appendix material is on
file in the borough offices.
(3) .tif.SM.png)
All streets intersecting a state route shall be subject
to the approval of the Pennsylvania Department of Transportation.
The following chart may be utilized to determine the minimum sight
distance requirement of the Pennsylvania Department of Transportation.
.tif.png)
|
Sight Distance Chart
| ||
|---|---|---|
|
A = Stopped vehicle
|
Average Speed
(mph)
|
Distance from Intersection (Shown as "Y"
in illustration)
(feet)
|
|
20
|
210
| |
|
X = Required line of sight
measured four feet
above roadway
|
25
|
290
|
|
30
|
360
| |
|
35
|
470
| |
|
40
|
570
| |
|
Y = Distances from intersection
(as required by highway
speeds)
|
45
|
700
|
|
50
|
840
| |
|
55
|
980
| |
K.
Lot access.
(1)
The borough may disapprove any point of ingress or
egress to any lot, tract, parcel or development from any street or
highway when the proposed ingress or egress would create unsafe conditions,
reduce the capacity of the adjoining street or highway or result in
substandard circulation and impaired vehicle movement.
(2)
The borough may require the applicant to provide ingress
and egress to a particular lot or tract through the remainder of his
property or other properties over which he has control.
(3)
In approving ingress or egress from any state road
or highway, the borough can only approve those access points that
are not in conflict with safety standards of the Pennsylvania Department
of Transportation. A highway occupancy permit is required for each
access point onto a state road or highway.
(4)
The receipt of a highway occupancy permit does not
assume direct approval of the Commission. The borough may require
the applicant to reapply for a permit if the location of the permit
approved access is in conflict with any provision of this chapter
or if the borough feels the location of the access will hinder the
safe and efficient movement on any state road or highway or the proper
development of the site. In the event that, after such reapplication,
PennDOT refuses to modify the highway occupancy permit to conform
with the provisions of this chapter, the PennDOT decision shall prevail.
L.
Nonmotorized vehicle lanes. All nonmotorized vehicle
lanes shall be designed according to one of the following standards:
(1)
Separate bicycle paths shall be required if such paths
have been specified as part of an adopted Municipal Comprehensive
Plan.
(2)
Bicycle lanes, where required, shall be placed in
the outside lane of a roadway, adjacent to the curb or shoulder. When
on-street parking is permitted, the bicycle lane shall be between
the parking lane and the outer lane of moving vehicles. The lanes
shall be delineated with markings, preferably striping. Raised reflectors
or curbs shall not be used.
(3)
Movement within the nonmotorized lanes shall flow
in the same direction as the adjacent travel lane.
M.
Street provisions for future developments.
(1)
Where appropriate, areas shall be reserved for future
street usage in conjunction with the development of adjacent tracts.
Areas reserved for future street usage will not be required to be
improved; however, these areas shall be reserved for street improvements
to be provided by the developer of the adjacent tract.
(2)
Wherever there exists a dedicated or platted area
reserved for future street usage along the boundary of a tract being
developed, the adjacent street shall be extended into the proposed
project, provided that this use is not adverse to the man-made or
natural features of the site.
N.
Extension of existing streets. The extension of existing
streets which are presently constructed with a cartway different from
the standards of this chapter shall be provided with a transition
area, the design of which is subject to borough approval.
O.
Street improvements. All street paving must conform
to the specifications and requirements of the latest edition of the
Pennsylvania Department of Transportation Roadway Management Manual,
Publication 242, with the exception that the specifications for a
street to be dedicated to the borough will be superseded by any municipal
ordinance, resolution or regulation adopted prior to the preliminary
plan submission date and containing different specific standards.
Where such borough standard applies, the plan shall note that the
street will be paved to the local standard.
P.
Cul-de-sac streets.
(1)
Permanent residential cul-de-sac streets shall not
exceed a length of 600 feet measured along the center line and shall
generate fewer than 250 vehicle trips a day. A cul-de-sac will not
be approved when a through street is feasible. Permanent cul-de-sac
streets, serving commercial properties, shall not exceed a center
line distance of 600 feet in length, measured from the center line
intersection with a street which is not a cul-de-sac to the center
of the cul-de-sac turnaround, and shall generate no more than 500
vehicle trips a day. Cul-de-sac streets are prohibited to serve industrial
properties where looped round systems can be provided, but in no event
shall any permanent cul-de-sac exceed 600 feet. Temporary cul-de-sac
streets serving residential development shall not exceed 800 feet
in length. The maximum length of either a permanent cul-de-sac or
a temporary cul-de-sac street shall be measured from the center line
intersection with a street which is not a cul-de-sac to the center
of the cul-de-sac turnaround. All cul-de-sac streets, whether permanently
or temporarily designed, shall be provided at the closed end with
a fully paved turnaround.
(2)
Permanent cul-de-sac streets must be provided with
a paved turnaround with a minimum radius of 50 feet to the outside
curb and a minimum radius of 60 feet to the street right-of-way line.
(3)
Any street dead-ended for either access to an adjoining
property or for authorized stage development, which is greater than
one lot depth, shall be provided with a temporary all-weather turnaround
within the subdivision or land development, and the use of such turnaround
shall be guaranteed to the public until such time as the street is
extended. The temporary turnaround shall be circular with a minimum
cartway radius of 25 feet and shall remain completely within the right-of-way
or shall consist of a T or hammerhead turnaround.
(4)
All non-through streets shall be provided with an
authorized sign stating that no outlet exists.
Q.
Future access strips. Future access strips and street
plugs are rights-of-way reserved for future street improvements. They
shall be designed in conformance with the design requirements of a
street, and the contiguous parcels must contain proper setbacks and
sight distance reservations.
R.
Special purpose street. Off-street parking must be
provided for all parcels which abut a special purpose street, and
the prohibition of on-street parking must be identified along the
cartway.
S.
Access drives. Access drives shall have the following
characteristics:
(1)
A property which utilizes access drives shall maintain
frontage along a public or private street.
(2)
An application that proposes access drives shall be
accompanied by an agreement which shall be recorded with the final
plan and which shall establish the conditions under which the access
drives will be maintained.
(3)
The final plan,intended for recording with the Cumberland
or Franklin County Recorder of Deeds, shall include a plan note which
identifies the specific access drives, the recorded maintenance agreement
and a notification that the access drives do not qualify for dedication
to the municipality and that the municipality will not assume any
responsibility for their maintenance.
(4)
The cartway of all access drives shall be constructed
according to the latest edition of the Pennsylvania Department of
Transportation Manual 408.
(5)
Access drives do not require a specific right-of-way;
however, the following standards for cartway width shall apply:
|
Functional
|
Cartway Width
(feet)
| |
|---|---|---|
|
2 lanes of traffic:
| ||
|
With on-street parking
|
34
| |
|
Without on-street parking1,3
|
24
| |
|
1 lane of traffic:
| ||
|
With 1 lane of on-street parking2
|
20
| |
|
Without on-street parking2
|
12
| |
|
NOTES:
| ||
|
1 Off-street parking compounds must be provided in accordance with § 137-27 of this chapter and the prohibition of on-street parking must be identified along the cartway.
| ||
|
2 The one-way direction
of traffic must be identified along the cartway.
| ||
|
3 Access drives that
serve fewer than four residential units can have a cartway width of
18 feet.
| ||
T.
Driveways. Driveways shall be so located as to provide
reasonable sight distances at intersections with streets. All lot
configurations and land development designs shall provide for driveways
which are not less than 40 feet from the edge of the cartway of any
street intersection. Access shall be provided to the street of lesser
classification when there is more than one street classification involved.
Driveways shall not interfere with the normal traffic movement or
be inconsistent with the design, maintenance and drainage of the street.
Driveway location shall be delineated on all land development plans;
however, subdivision plans may delineate locations or include a notice
of conformity to this specification. The borough may limit the number
of driveways providing access from a single property or development
to collector or arterial streets. The borough may also require the
use of shared driveways to provide ingress and egress to two residential
lots.
U.
Street names. 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 within the same postal
area. All new street names are subject to the local postmaster granting
his or her approval with all final plan applications. All street names
shall conform, where applicable, to the local municipal plan for street
names.
V.
Signs.
(1)
Design and placement of traffic signs shall follow
the requirements specified in the Manual on Uniform Traffic Control
Devices for Streets and Highways, published by the United States Department
of Transportation.
(2)
At least two street name signs shall be placed at
each four-way street intersection and one at each T intersection.
Signs shall be installed under light standards and free of visual
obstruction. The design of street name signs shall be consistent,
of a style appropriate to the borough of a uniform size and color
and erected in accordance with municipal standards.
(3)
Parking regulation signs shall be placed along roadways
within the right-of-way in areas that restrict parking.
(4)
Site information signs in planned residential developments
shall follow a design theme related and complementary to other elements
of the overall site design.
W.
Utility and shade tree areas.
(1)
Utilities and shade trees shall generally be located
within the right-of-way on both sides of and parallel to the street.
(An alternative placement for shade trees is outside the public right-of-way.)
(2)
Utility and shade areas shall be planted with grass,
ground cover or treated with other suitable cover material.
X.
Lighting.
(1)
Lighting for highway safety shall be provided at street
intersections, entryways to commercial land developments and in parking
lots adjacent to public streets. In addition, streetlighting shall
be provided adjacent to streets in residential areas.
(3)
Spacing of standards shall be as necessary to provide
adequate lighting for the purpose served.
(4)
The maximum height of standards shall not exceed the
maximum building height permitted or 25 feet, whichever is less.
(5)
Spotlights, if used, shall be placed on standards
pointing toward the buildings and positioned so as not to blind the
residents, rather than on the buildings and directed outward which
creates dark shadows adjacent to the buildings.
Y.
Underground wiring.
(1)
All electric, telephone, television and other communication
facilities, both main and service lines servicing new developments,
shall be provided by underground wiring within easements or dedicated
public rights-of-way, installed in accordance with the prevailing
standards and practices of the utility or other companies providing
such services.
(2)
Lots which abut existing easements or public rights-of-way
where overhead electric or telephone distribution supply lines and
service connections have heretofore been installed may be supplied
with electric and telephone service from those overhead lines, but
the service connections from the utilities overhead lines shall be
installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the subdivision and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground.
(3)
Where overhead lines are permitted as the exception,
the placement and alignment of poles shall be designed to lessen the
visual impact of overhead lines as follows: Alignments and pole locations
shall be carefully routed to avoid locations along horizons; clearing
swaths through treed areas shall be avoided by selective cutting and
a staggered alignment; trees shall be planted in open areas and at
key locations to minimize the view of the poles and the alignments;
and alignments shall follow rear lot lines and other alignments.
(4)
Year-round screening of any utility apparatus appearing
above the surface of the ground, other than utility poles, shall be
required.
All vehicular parking facilities and internal
drives within parking areas shall be designed to allow for the safe
and efficient movement of vehicles within a development and on the
adjacent street.
A.
General standards. Off-street vehicular parking facilities
shall be provided in accordance with the following standards unless
such standards are covered under adopted municipal ordinances and
therefore supersede these standards:
(2)
Off-street parking areas shall be oriented to and
within a reasonable walking distance of the buildings they are designed
to serve according to the following standards:
(a)
For commercial and industrial developments,
the furthermost space in a lot shall be a maximum of 1,000 feet for
employee parking; 500 to 800 feet for customers.
(b)
For single-family or two-family structures,
off-street parking shall be provided behind the street right-of-way
line and may be attached or separate garage(s), carport(s) or driveway(s).
(c)
For multifamily structures of more than two
units, off-street parking shall be located within 200 feet of the
structure.
(d)
Handicapped parking shall be provided for all
nonresidential developments and multifamily structures of more than
two units. These spaces shall be located closest to the nearest accessible
entrance. The number of spaces shall be provided according to the
following chart:
|
Total Required Parking Spaces
|
Minimum Required Handicapped Spaces
|
|---|---|
|
5 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
2% of total
|
|
1,001 and over
|
20, plus 1 for each 100
|
(3)
Parking facilities shall not be permitted within 10
feet of a side or rear property line unless formal arrangements, satisfactory
to the borough, have been made for the establishment of a common parking
facility, unless otherwise specified under a municipal zoning ordinance.
(4) 
Parking compound dimensions shall be no less than
those listed in the following chart:
(5)
Each angled off-street parking space shall measure
nine feet in width by 19 feet in length. Parking spaces for the physically
handicapped shall be 12 feet wide. Parallel parking spaces shall measure
eight feet wide and a minimum of 23 feet long.
(6)
Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless the sidewalk complies with § 137-26F(5).
(7)
Parking areas shall be suitably landscaped to minimize
noise, glare and other nuisance characteristics as well as to enhance
the environment and ecology of the site and surrounding area. Large
parking lots, containing more than 50 spaces, shall be broken down
into sections not to exceed 50 spaces, separated from other sections
by landscaped dividing strips, berms and similar elements.
(8)
Not less than a four-foot radius of curvature shall
be permitted for horizontal curves in parking areas.
(9)
All dead-end parking lots shall be designed to provide,
when necessary, sufficient backup area for all end stalls.
(10)
Painted lines, arrows and dividers shall be
provided and maintained to control parking and, when necessary, to
direct vehicular circulation.
(11)
The typical section of any parking compound
shall be prepared to meet the following minimum standards:
(a)
Crushed aggregate base course with a minimum
thickness of six inches, as specified in the Pennsylvania Department
of Transportation Specifications, Form 408 and its latest revisions.
(b)
Pavement shall consist of a minimum of 1 1/2
inches of binder course and one-inch wearing surface. Material shall
be equal or superior to Pennsylvania Department of Transportation
Specifications for Bituminous Surface Course ID-2A and shall be applied
in accordance with the Pennsylvania Department of Transportation Specifications,
Form 408 and its latest revisions.
B.
Parking facilities for mixed-use developments.
(1)
For mixed-use developments, a shared parking approach
to the provision of off-street parking shall be permitted following
the methodology described in the publication Shared Parking (Urban
Land Institute and Barton Aschman Associates, Inc., Urban Land Institute,
1984).
(2)
Where the total number of off-street parking spaces
required may not be immediately required for a particular use, a staged
development plan may be permitted which requires that only a portion
of the parking area, but not less than 65% of the required spaces,
be completed initially.
(3)
The site plan shall clearly indicate both the portion
of the parking area to be initially paved and the total parking needed
to provide the number of spaces required.
(4)
The site plan shall provide for adequate drainage
of both the partial and total parking areas.
(5)
The portion of the parking area not to be paved initially
shall be landscaped.
(6)
The applicant shall post separate performance guaranties,
in addition to the performance guaranties required for other improvements,
which shall reflect the cost of installing the additional parking
facilities necessary to provide the total number of parking spaces
required.
(7)
Prior to the expiration of a two-year period, the
applicant may either install the additional parking shown on the site
plan or apply to the borough after the use has been in operation a
minimum of 18 months for a determination as to whether or not the
initial parking area provided is adequate. If the borough determines
that the parking facility is adequate as originally constructed, the
performance guaranties shall be released. If, however, the borough
determines that the partial off-street parking area is not adequate,
the applicant shall be required to install the additional parking
facilities in accordance with the terms of the performance guaranties.
C.
Bicycle parking facilities. Bicycle parking facilities
for nonresidential land uses shall be provided in accordance with
the following regulations:
(1)
Two percent of the first 50 vehicular spaces shall
be for bicycle use. If more than 50 spaces are to be provided, at
least 2% of the number of spaces over 50 shall be for bicycle use.
(2)
Each bicycle space shall be equipped with a device
to which a bicycle frame and one wheel can be attached using a chain
or cable. There shall be adequate separation between adjacent devices
to allow bicycles to be attached or removed without moving other bicycles.
The devices shall also be suitable for use by bicycles not equipped
with kickstands, and the appearance of the device shall be generally
consistent with nearby urban design features.
(3)
Bicycle parking spaces shall be convenient to the
structure for which they are provided. They shall be visible from
at least one entrance to the structure and shall be provided with
lighting.
(4)
Bicycle parking devices shall permit at least two
feet of free space between any bicycle attached to the device and
the edge of the curb or sidewalk. For areas where motor vehicles are
permitted to park overhanging the curb or sidewalk, the distance shall
be increased to four feet. For roads having no curb or sidewalk, the
minimum clearance shall be three feet between any bicycle attached
to a parking device and the outside edge of the roadway shoulder.
A.
Lot configuration. The configuration of blocks and
lots shall be based upon the minimum and maximum lot area requirements,
the salient natural features, the existing improvements, the proposed
improvements and the adjacent development pattern. Lot configurations
should provide for flexibility in building locations, while providing
safe vehicular and pedestrian circulation.
B.
Residential blocks.
(1)
All blocks in a residential subdivision shall have
a minimum length of 300 feet and a maximum length of 10 times the
minimum required lot width, not to exceed 2,000 feet.
(2)
Blocks along arterial streets shall not be less than
800 feet in length.
(3)
The design of blocks longer than 800 feet shall give
special consideration to the requirements of fire protection, pedestrian
access and utility service. The borough may require easements as necessary
for these purposes.
C.
Nonresidential blocks. Blocks in nonresidential areas may vary from the requirement of § 137-28B when required by the nature of the use. Adequate provisions shall be made for off-street parking, loading areas and traffic circulation.
D.
Specific lot configuration requirements.
(1)
In order to avoid jurisdictional problems, lot lines
shall, wherever feasible, follow municipal boundaries rather than
cross them. Where a lot is divided by a municipal boundary, the minimum
standards of both municipalities shall apply.
(2)
Generally, side lot lines shall be radial to street
right-of-way lines. Exceptions may include cases where proposed lot
lines follow existing lot lines, improvements or natural features.
(3)
All lots shall front on a public street, unless a private street is approved for access pursuant to § 137-26B(5). Principal vehicular access to lots shall be provided from the frontage along the approved street.
(4)
Lots resulting from a proposed subdivision that will
be large enough to be further subdivided shall be configured to facilitate
such future subdivision. Adequate street right-of-way shall be provided
as necessary. The borough may require a sketch plan of such large
lots that indicates the potential future subdivision generally in
conformance with the design standards of this chapter, except where
large tracts are proposed for large commercial or industrial developments.
(5)
Flaglots shall not be created when lots can be designed
that directly access a public or private street. The borough, at its
sole discretion, may approve the platting of a limited number of flaglots
when:
(a)
The flaglots are being used for in-fill situations
in which a court is being created by placement of two flagpoles side-by-side
and up to four homes are oriented to a common street easement running
over the flagpoles. (See Appendix 8.[1])
[1]
Editor's Note: All Appendix material is on
file in the borough offices.
(b)
The flaglot is being created to serve one home
site in the back of an existing tract of land where there is no potential
of street access to the proposed lot.
(c)
The flaglot is the result of the division of
agricultural land to create an additional building site on the least
suitable portion of the property for continued agricultural use.
(6)
No more than two contiguous flaglots shall be permitted.
(7)
The flagpole, or access portion of the flaglot, shall
maintain a minimum width of 25 feet and shall not change direction
more than once. The area of the flagpole shall not be included with
the area of the flag, or the body of the lot, in satisfying municipal
zoning standards for minimum lot size unless otherwise specified under
the Municipal Zoning Ordinance.[2]
(8)
No portion of any flagpole shall be used for on-site
sewage disposal or other improvements other than access improvements.
(9)
The Planning Commission or borough may attach any
reasonable conditions to the creation of flaglots as it finds necessary
or desirable to provide for the orderly development of land and street
systems.
(10)
Double frontage lots are prohibited except where
provided as reverse frontage lots. Reverse frontage lots are only
permitted when a reduction of driveway intersections along a street
with a high volume of vehicular movements is desired. Additionally,
reverse frontage lots may be permitted when rear alleys are proposed
to provide vehicular access to lots. All reverse frontage lots shall
include an identification of the frontage for use as a road access.
Easements for sanitary sewer facilities, water
transmission mains, stormwater drainage facilities, public or private
utilities or pedestrian access shall meet the following standards.
A.
Location of easements. To the fullest extent possible,
easements shall be adjacent to property lines.
B.
Easement conflicts prohibited. Nothing shall be placed,
planted, set or put within the area of an easement that would adversely
affect the function of the easement or conflict with the easement
agreement.
C.
Width of pedestrian easements. Pedestrian easements shall have a minimum width of six feet. Pedestrian easements located in the middle of the block pursuant to § 137-26F(5) shall have a minimum width of 10 feet.
D.
Width of utility easements. Public utility easements
shall have a minimum width of 20 feet, and private utility easements
shall have a minimum width of 10 feet. All utility companies are encouraged
to use common easements.
E.
Stormwater drainage easements required. The applicant
shall reserve easements where stormwater or surface water drainage
facilities are existing or proposed, whether located within or beyond
the boundaries of the property. Easements shall have a minimum width
of 20 feet and shall be adequately designed to provide area for the
collection and discharge of water, the maintenance, repair and reconstruction
of the drainage facilities and the passage of machinery for such work.
The easements shall clearly identify who has the right of access and
responsibility of maintenance.
F.
Variable petroleum easement widths. Where any petroleum
or petroleum product transmission line traverses a subdivision or
land development, the applicant shall confer with the applicable transmission
or distribution company to determine the minimum distance which shall
be required between each structure and the center line of such petroleum
or petroleum product transmission line. Additionally, the borough
will require, with the final plan application, a letter from the owner
of the tract and the right-of-way and a copy of the recorded agreement
which shall contain the above data.
A.
Concrete monuments required. Sufficient concrete monument
locations must be shown on the final plan to define the exact location
of all streets and to enable the reestablishment of all street lines.
In general, they shall be set on the street line on one side of the
street at the beginning and ending of all curves and at those points
on the curve at the street intersections necessary to establish the
actual intersection.
B.
Monumentation of streets. Permanent stone or concrete
monuments shall be accurately placed along at least one side of each
street at the beginning and end of all curves and at all angles.
C.
Lot line monumentation. Markers shall be set at all
points where lot lines intersect curves, at all angles in property
lines and at the intersection of all other property lines.
D.
Monument specifications. Monuments shall be of concrete
or stone, with a flat top having a minimum width or diameter of four
inches and a minimum length of 30 inches. Concrete monuments shall
be marked with a three-quarter-inch copper or brass dowel; stone or
precast monuments shall be marked on the top with a proper inscription
and a drill hole. Markers shall consist of iron pipes or steel bars
at least 30 inches long and not less than 3/4 of an inch in diameter.
E.
Placement by registered surveyor required. All monuments
and markers shall be placed by a registered surveyor so that the scored
or marked point shall coincide exactly with the point of intersection
of the lines being monumented or marked.
F.
Monuments to be shown on final plan. All existing
and proposed monuments and lot line markers shall be delineated on
the final plan.
[Amended 6-4-2019 by Ord.
No. 932, approved 6-4-2019]
A.
Design and construction of storm drainage and stormwater management facilities shall be in accordance with the Borough's Stormwater Management Ordinance (Chapter 136) and shall be subject to the review and inspection of the Borough of Shippensburg and the Borough Engineer.
B.
Stormwater management plans and reports shall meet the following
general requirements:
(1)
No regulated activity shall commence until the Borough issues written
approval of a SWM site plan in compliance with the provisions of this
chapter.
(2)
If the regulated activity is exempted from any requirements of this section pursuant to the provisions of Chapter 136, then the activity shall not commence until the Borough issues written confirmation of the specific exemption(s).
(3)
For all regulated activities, stormwater management facilities shall be designed, implemented, operated and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25, Pa. Code, the Clean Streams Law, 35 P.S. § 691.1 et seq., the Storm Water Management Act, 32 P.S. § 680.1 et seq, and Chapter 136 of the Code of the Borough of Shippensburg.
(4)
The Borough may, after consultation with DEP, approve measures for
meeting the state water quality requirements other than those in this
section, provided that they meet the minimum requirements of, and
do not conflict with, state law including, but not limited to, the
Clean Streams Law.
(5)
For all regulated earth disturbance activities, erosion and sediment
control BMPs shall be designed, implemented, operated and maintained
as required in accordance with 25 Pa. Code, Chapter 102, as amended,
the Clean Streams Law, 35 P.S. § 691.1 et seq., and the
applicable standards set forth in the Erosion and Sediment Pollution
Control Program Manual (E&S Manual), Commonwealth of Pennsylvania,
Department of Environmental Protection, No. 363-2134-008 (2000), as
amended and updated.
(6)
For all regulated activities, the measurement of impervious coverage (as defined in Chapter 136) shall include all impervious coverage for the total proposed development, even if development is to take place in phases.
(7)
The SWM site plan approved by the Borough shall be on file at the
project site throughout the duration of the construction activity.
C.
Floodplain. Floodplain areas shall be established
and preserved as provided below:
(1)
A one-hundred-year floodplain shall be established
for all watercourses and shall be delineated by one of the following
methods. In case of any dispute concerning when, where and how the
floodplain is to be established, the borough will determine the ultimate
design criteria and/or flood boundary limits.
(2)
Whenever a floodplain is located within or along a
lot, the plan shall include the boundary of the floodplain, along
with the elevation or locational dimensions from the center line of
the watercourse; a plan note that the floodplain shall be kept free
of structures, fill and other encroachments; and a plan note that
floor elevations for all structures adjacent to the floodplain shall
be two feet above the Q100-year-flood elevation.
(3)
The above provision shall not be construed as a prohibition
of the following, provided that they comply with § 137-31G(4):
(a)
Stormwater management facilities.
(b)
Stream improvements whose sole purpose is to
improve aquatic life habitat and which are approved by the Pennsylvania
Fish Commission.
(c)
Floodproofing and flood hazard reduction structures
to protect existing buildings.
(d)
Public and private utility facilities, except
buildings.
(e)
Water-oriented uses (except building), e.g.,
docks, piers, boat launching ramps, hatcheries.
(f)
Water monitoring devices.
(g)
Culverts, bridges and their approaches for floodplain
crossings by streets, access drives and driveways.
(4)
Plans for any of the eight uses within a floodplain
permitted under § 137-31G(3) shall be incorporated into
the design plans and shall be subject to approval by the borough.
The plans shall demonstrate that the proposed uses do not increase
the height or frequency of floodplain water; are installed so as to
withstand the maximum volume, velocity and force of floodplain water;
are floodproof and flotation proof; do not create unhealthy or unsanitary
conditions; and do not degrade quality of surface water or the quality
of groundwater.
(5)
The inclusion of a floodplain within lots in order
to meet minimum lot area and/or yard requirements is allowed, provided
that each such lot contains sufficient area exclusive of the floodplain
for buildings.
(6)
It is recommended that the five-hundred-year-floodplain
corridor be identified on plans and that any structures located between
the one-hundred-year and five-hundred-year floodplain be floodproofed
to the limits of the five-hundred-year-floodplain corridor.
Landscaping shall be provided, consistent with
the standards of this chapter, in all subdivisions and land developments.
A.
Buffer planting.
(1)
Buffer planting shall be provided along the rear of
reverse frontage lots and along the side and rear lot lines of commercial
or industrial properties where such lots abut residentially zoned
property. Parking and buildings are prohibited within the buffer area.
The use of the buffer area for accessways shall be limited. Buffer
areas shall consist of one row, staggered, of mixed evergreen and
deciduous trees which shall be at least six feet in height when planted
and shall be spaced not more than 10 feet apart on center and two
rows, staggered, of mixed broad leaf and needle evergreen shrubs which
shall be at least three feet in height when planted and shall be spaced
not more than five feet apart on center. The trees shall be of such
species so as to attain a height at maturity of not less than 20 feet.
The shrubs shall be of such species as to provide continued screening
from the ground to a height of six feet at maturity. Deciduous plant
materials shall comprise no more that 30% of the number of plants
in the buffer. The required height of the buffer planting may be achieved
in part by mounding or installation of plants along a berm.
(2)
Service loading and trash disposal areas such as dumpster
or compactor sites shall be effectively screened so as not to be visible
from parking areas, roadways or adjacent properties. Such areas shall
be screened with a combination of architectural masonry (or fencing)
and landscaping with a height of at least six feet.
(3)
Parking and storage of vehicles in front yards of
properties, other than lots in single-family subdivisions, shall be
screened from the public right-of-way by an earthen berm and/or plant
matter which provides a dense visual screen to four feet in height
at maturity, where practical. Plant matter shall consist of two rows
of mixed broad leaf and needle evergreen shrubs planted in staggered
rows. Plants shall be spaced not more than five feet apart on center
and shall be at least three feet in height when planted. Additional
planting in the form of non-canopy trees and deciduous shrubs is acceptable.
(4)
All planting shall be performed in conformance with
good nursery and landscape practice. Plant materials shall conform
to the standards recommended by the American Association of Nurseryman,
Inc., in the American Standard of Nursery Stock, ANZIZ60, current
edition, as amended.
B.
Existing wooded areas. Existing wooded areas shall
be protected to prevent unnecessary destruction. At least 25% of the
number of trees (minimum trunk caliper of five inches at six inches
above ground) that exist at the time of plan submission shall be maintained
or replaced immediately following construction. Replacement trees
shall be a minimum trunk caliper of two inches at a height of six
inches above finished grade and located within unbuildable sections
of the site (i.e., floodplain, steep slope and setback areas). Plans
shall be submitted showing existing trees and proposed construction
and which indicate conformance with this section.
C.
Street trees. Except where street trees are prohibited
or restricted by an ordinance, street trees shall be provided in all
residential subdivisions with densities greater than one dwelling
per acre and all commercial and residential land developments. Street
trees may be required by the borough in other developments upon request
of the municipality. All street trees shall be provided by the applicant
in accordance with the following standards:
(1)
The trees shall be nursery grown in a climate similar
to that of the locality of the project. Varieties of trees shall be
subject to the approval of the authority which accepts ownership of
the street.
(2)
All trees shall have a normal habit of growth and
shall be sound, healthy and vigorous; they shall be free from disease,
insects, insect eggs and larvae.
(3)
The trunk diameter, measured at a height of six inches
above finish grade, shall be a minimum of two inches.
(4)
Trees shall be planted between the street right-of-way
line and the building setback line except where the municipality has
authorized placement of trees within the street right-of-way. The
trees growth shall not interfere with the street cartway, sidewalk
or utility line.
(5)
All planting shall be performed in conformance with
good nursery and landscape practice and to the standards established
by the authority which accepts ownership of the planting.
(6)
Requirements for the measurements, branching, grading,
quality, balling and the burlapping of trees shall follow the code
of standards recommended by the American Association of Nurserymen,
Inc., in the American Standard for Nursery Stock, ANSIZ60, current
edition, as amended.
(7)
Quantity; species.
(a)
A minimum of one canopy street tree shall be
provided for every 40 feet of public right-of-way frontage on a lot.
Street trees shall be of the following species. No one species shall
comprise more than 25% of the entire number of street trees in a particular
development.
|
Acer rubrum cultivars
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Red maple
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Acer saccharum
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Sugar maple
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Aesculus x cornea
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Red horsechestnut
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Cladrastis lutea
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American yellow wood
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Fraximus pennsylvania
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Green ash
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Ginkgo biloba (males only)
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Ginkgo
|
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Gleditsia triacanthos inermis
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Thornless honey locust
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Liquidambar styraciflua
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Sweetgum
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Ostrya virginiana
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Hop hornbeam
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Quercus acutissima
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Sawtooth oak
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Quercus palustris
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Pin oak
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Quercus rubra
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Red oak
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Sophora japonica
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Japanese pagoda tree
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Tilia cordata
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Littleleaf linden
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Tilia x eughlora
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Crimean linden
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Tilia tomentosa
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Silver linden
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Ulmus parvifolia
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Lacebark elm
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Zelkova serrata
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Japanese zelkova
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(b)
Other tree species may be used, provided that
acceptable information is submitted to indicate that the species are
hardy street trees.
D.
Ground cover. Ground cover shall be provided on all
areas of the project to prevent soil erosion. All areas which are
not covered by paving, stone or other solid material shall be protected
with a suitable ground cover, consisting of spreading plants including
sods and grasses less than 18 inches in height.
A.
Sanitary wastewater disposal. The applicant shall
provide connection to the publicly owned sanitary wastewater disposal
system.
B.
Water supply. A distribution system shall be provided
to furnish an adequate supply of water to each unit, from the publicly
owned water system.
(1)
Whenever the water supply system contains sufficient
capability or is planned to have such capability within two years
from the date of final plan approval, fire hydrants shall be provided;
when provided, the location and kind of fire hydrant shall meet the
specifications of the local fire company and the municipality when
applicable. A copy of the approval of such system by the appropriate
agency or utility company which provides the service shall be submitted
with the final plan. Suitable agreements shall be established for
the ownership and maintenance of such a distribution system.
(a)
Hydrants shall be spaced to provide necessary
fire flow, and the average area per hydrant typically should not exceed
120,000 square feet. In addition, hydrants shall be spaced so that
each residence shall be within 600 feet of a hydrant.
(b)
A hydrant shall be located at all low points
and at all high points with adequate means of drainage provided.
C.
Hazards associated with carbonate rock. All subdivisions
and land developments located in areas underlain by carbonate geologic
formations shall be designed and constructed to minimize any impacts
which may affect, increase, diminish or change any natural drainage,
natural springs or water table. No development that in the opinion
of the borough poses significant risks in stimulating the formation
of sinkholes or in causing hydrologic connection of contaminated surface
water with subsurface aquifers shall be approved.
(1)
Hydrogeologic report required. When, in the opinion
of the borough, there is a probable likelihood that a project will
affect or be affected by carbonate geologic hazards, the borough shall
require submission of a hydrogeologic report. In reaching a determination
of whether a project will affect or be affected by carbonate geologic
hazards, the borough shall consider the presence or absence of carbonate
features in the vicinity of the project, the testimony of qualified
expert witnesses and such other reasonable information as may be available.
Any hydrogeologic report shall be prepared at the applicant's expense
by a hydrogeologist or professional engineer qualified in such matters.
Each hydrogeologic report shall contain:
(a)
A map showing all sinkholes, depressions, lineaments,
faults, outcrops, springs, drainage entering the ground, water table,
soil mottling and ghost lakes and all features that may relate to
the quality and availability of groundwater within a one-thousand-foot
distance.
(b)
A listing of all referenced data, published
and otherwise.
(c)
A topographic site map with the site clearly
outlined.
(d)
A description of anticipated water quality impacts
to areas located downgradient and areas located along the geologic
strike.
(e)
A description of any mitigation measures that
could be applied to minimize impacts of the project or to correct
existing problems.
(2)
Specifications for stormwater management basins.
(b)
Stormwater management basins shall not be located
closer than 100 feet from the rim of sinkholes or closed depressions,
nor within 100 feet from disappearing streams; nor shall these basins
be located closer than 50 feet from lineaments or fracture traces;
nor shall these basins be located closer than 25 feet from surface
or identified subsurface pinnacles.
A.
Dedication. All plans for residential subdivisions
of land or residential land developments shall provide for the dedication
of land for park and open space uses or payment of a fee as provided
in this chapter. All dedications of land for park and open space purposes
shall be consistent with any standards contained in the Shippensburg
Comprehensive Plan and applicable Municipal Comprehensive Plans. Such
dedications shall be at locations deemed appropriate by the municipal
governing body and approved by the borough. If a specific site has
been designated on any applicable park or open space plan for future
park purposes, any preliminary or final plan shall show the dedications
of land in a location that corresponds to the plan designation. Title
to land to be dedicated shall be good and marketable, free of all
liens or other defects and acceptable to the Solicitor of the borough.
B.
General requirements. Applicants shall designate areas of residential subdivisions or residential land developments for parks, playgrounds or other public open space and recreational uses in accordance with the requirements of this § 137-34. The applicant shall make an irrevocable offer of dedication of such park and open space land to the municipality, as required by the borough. The borough may authorize the transfer of the land to a homeowners' association or to a nonprofit corporation whose purpose is the conservation or preservation of land when such reservation is consistent with the municipal park and recreation plan.
C.
Amount of land required. Consistent with standards
of the National Recreation and Park Association, the amount of park
and open space land required to be dedicated shall equal at least
10 acres per 1,000 persons. Developers shall provide the borough with
information concerning the estimated population density based upon
the number and type of dwelling units proposed, consistent with recognized
planning guides. In accordance with the standards of the National
Recreation and Park Association, the amount of park and open space
land to be dedicated shall be based upon this estimated population
and shall equal one acre per each 100 projected residents or fraction
thereof. In the event of a dispute as to the estimated population
of the proposed residential subdivision or land development, the determination
of the borough staff shall control.
(1)
Residential subdivisions of land involving fewer than
two lots or residential land developments consisting of fewer than
five units of occupancy shall be exempt from this requirement.
(2)
Residential subdivisions or land developments in which more than 20% of the units are intended for the housing of low-income households or where the low-income housing is financed by public moneys may be exempted from these requirements when it may be possible to provide parks and open space by other means. A "low-income household" shall be defined as a household earning less than 50% of the median family income of Cumberland or Franklin County. The applicant shall enter into an agreement with the borough to provide such low-income housing, and the applicant shall agree that a failure to provide such low-income housing shall require the applicant to pay a fee in lieu of the dedication of park and open space land in accordance with § 137-34D herein. The applicant shall demonstrate that such low-income housing shall be affordable to low-income households within the county. After development, evidence shall be presented to the borough that the housing, as constructed, is affordable to low-income households. Failure to provide low-income housing when dedication of park and open space land has been exempted because of the pledge to provide such housing shall be considered a violation of this chapter.
D.
Fee in lieu of dedication.
(1)
Notwithstanding anything contained in the above sections,
the applicant may, with the consent and approval of the borough and
the municipal governing body, elect to pay a fee to the municipality
in lieu of the park and open space provision.
(2)
The amount of any fee to be paid in lieu of dedication
of land shall be as from time to time fixed by the Council by duly
adopted resolution.
E.
Parkland acquisition fund. All fees paid by the developer
in lieu of dedication of park and open space land shall be paid to
the appropriate municipality and upon its receipt shall be deposited
in a separate interest-bearing account. Fees deposited to this account
shall be administered as required by the Pennsylvania Municipalities
Planning Code (Act 247 of 1968, as amended by Act 170 of 1988 and
as subsequently revised).
F.
General design criteria.
(1)
Except as provided in §§ 137-34H and I below, the type of areas to be dedicated for park and open space land within a subdivision or land development plan shall principally involve neighborhood parks, which are defined as "those parks providing for a variety of outdoor recreational opportunities located within one mile from a majority of the residences to be served thereby," and neighborhood playgrounds serving the adjoining subdivision.
(2)
The land set aside for park and open spaces uses shall
meet the following criteria:
(a)
The park and open space land shall be reasonably
located so as to serve all of the residents of the subdivision or
land development.
(b)
The park and open space land shall be accessible
from a public street or shall adjoin and become a part of an already
existing public park or open space area which is accessible from a
public street. Where access to the park is by public road, the width
of the frontage shall be a minimum length deemed necessary by the
municipality for access, visibility of the site and public safety.
(c)
No more than 25% of the park and open space
land shall contain detention basins or other stormwater management
facilities or be located within a floodplain.
(d)
The park and open space land shall be compact and contiguous and shall meet lot configuration requirements for lots within a residential subdivision unless the land shall be used as a continuation of an existing trail as set forth in § 137-34H, as a trail or linear park as set forth in § 137-34I herein or the land is located adjacent to and combined with existing park and open space land or specific topographic features require a different configuration. An example of such topographic features would be the provision of public open space along a scenic creek.
(e)
When the park and open space land required to
be dedicated is less than four acres in size, the park and open space
land shall be located at a suitable place on the periphery of the
subdivision or land development so a more usable tract will result
when additional park and open space land is obtained where the adjacent
land is developed.
(f)
When public park and open space land exists
adjacent to the tract to be subdivided or developed, the park and
open space land shall be located to adjoin and enlarge the presently
existing park and open space land.
(g)
At least 50% of the finished grade of the site
shall have a slope of 3% or less, when the park is planned for active
recreation.
(h)
The park and open space land shall be accessible
to utilities such as sewer, water and power that are provided with
the subdivision, and if so requested by the municipality that will
accept dedication of the land, the developer shall extend such utilities
to the park and open space land.
(i)
If the developer is planning to construct facilities
for recreation on the dedicated property as an amenity for the development,
such facilities shall be constructed in accordance with current standards
established by the National Recreation and Park Association.
G.
Existing trails.
(1)
When a subdivision or land development is traversed
by or abuts an existing trail customarily used by pedestrians, the
applicant shall make provision for the continued recreational use
of the trail subject to alterations of the course of the trail within
the boundaries of the development under the following conditions:
(a)
The points at which the trail enters and exits
the tract shall remain unchanged.
(b)
The proposed alteration exhibits quality trail
design according to the generally accepted principles of landscape
architecture.
(c)
The proposed alteration does not run coincidentally
with the paved road intended for use by motorized vehicles.
H.
Trails and linear parks. The borough may require as a condition of final plan approval the dedication and improvement of trails and linear parks, which may be credited toward the park and open space land requirement described in § 137-34C. Trails and linear parks developed and dedicated for public use may be credited toward the park and open space land requirement, provided that such trails and linear parks meet the following standards:
(1)
Actual dedications of land shall be a minimum width
of 75 feet and, if to be dedicated to the municipality, must be approved
by the governing body of the municipality.
(2)
The trail or linear park shall conform to any applicable
municipal master park and open space plan and appropriate Municipal
and County Comprehensive Plans.
(3)
The minimum right-of-way width of an easement containing
a trail which crosses private land shall be 10 feet. Easements may
be dedicated to the municipality or other organization which, in the
judgment of the borough, is appropriate. In all cases, however, such
easements must provide for public use at reasonable times.
(4)
Trails shall have a vertical clearance of no less
than 10 feet.
(5)
Width of the trail surface may vary depending upon
type of use to be accommodated, but in no case shall such width be
less than five feet.
I.
Municipal fund reimbursement. The municipality from time to time may decide to purchase land for parks in or near the area of actual or potential development. If the municipality does purchase park and open space land within a distance of 1/2 mile of a development, subsequent park and open space land requirements within that area may be met by cash-only contributions calculated to reimburse the municipality's actual cost of acquisition and development of such land for park and open space purposes. The cash amount shall be equal to the amount provided by § 137-34D.
J.
Additional recreation reservations. The provisions
of this section are minimum standards and shall not be construed as
prohibiting a developer, with the approval of the municipal governing
body, from dedicating or reserving other land for recreation purposes
in addition to the requirements of this chapter.
A.
Archaeologic investigations. No project shall be developed
on a site identified by the Pennsylvania Historical and Museum Commission
as containing features of archaeological significance until:
B.
Method of survey. If a complete archaeological survey
is required, it shall be conducted under the supervision of a professional
archaeologist in compliance with standards prescribed by the Pennsylvania
Historical and Museum Commission. Even if a complete survey is not
required, the Planning Commission may, upon advice of the State Historic
Preservation Officer, require the developer to retain the services
of and have present at the site during any excavations or trenching
an archaeologist with authority to investigate and document any cultural
material that might be unearthed.
C.
Report required. A complete copy of the report of
the archaeologist, including a copy of the field notes, shall be submitted
to the Commission and the State Historic Preservation Officer. Arrangements
shall be made by the developer for transfer of any significant artifacts
to a depository where such items can be conserved and made available
for future study.
D.
Preservation of historic features. Subdivisions and
land developments shall be designed to preserve, adaptively reuse
or otherwise provide for the historic features of the Borough of Shippensburg.
Modifications or exterior alterations to historic features or sites
or new construction adjacent to historic features shall be consistent
with the Secretary of the Interior's Standards for Rehabilitation
of Historic Properties as published by the National Park Service or
as approved by the Borough of Shippensburg's Historic Architecture
Review Board. Subdivisions and land developments shall also be designed
so that new structures do not block historic views or obstruct the
view of historic properties, and new construction should be visually
complementary to historic structures. If because of size, scale, construction
material or type of use a proposed land development or subdivision
would jeopardize the historic value of a site or structure, such new
construction shall be screened or otherwise visually buffered.
E.
Demolition restricted. No historic feature, as defined
in this chapter, shall be demolished or moved from its original foundations
without approval of the borough. The applicant shall submit to the
borough a letter from the Historic Architecture Review Board of the
Borough of Shippensburg identifying the significance of the property,
potential effects of the project that would be adverse and possible
mitigation measures that could be employed. In evaluating any request
for demolition of a historic feature, the borough shall take into
account the significance of the property, the condition of the feature,
the potential for repair, restoration, stabilization and reuse, the
impact of the feature in relation to the total project and the hardship,
if any, on the applicant.
F.
Retention of local names. Applicants are encouraged
to perpetuate historic names or geographic references that are traditionally
associated with the area in which a project is located, rather than
proposing project names that are not consistent with Borough of Shippensburg
traditions or culture.
