Chapter 22: Subdivision and Land Development

Transcription

CHAPTER 22
SUBDIVISION AND LAND DEVELOPMENT
ARTICLE I
TITLE - AUTHORITY
§101
§102
§103
§104
.
.
.
.
Short Title
Purpose
Authority and Jurisdiction
Enactment Authority
ARTICLE II
INTERPRETATION AND DEFINITIONS
§201 .
§202 .
General Interpretations
Definitions
ARTICLE III
PLAN PROCESSING PROCEDURES
§301 .
§302 .
§303 .
§304 .
§305 .
§306 .
§307 .
§308 .
§309 .
§310 .
General
Preapplication Review (Sketch Plan)
Formal Application
Acceptance for Filing
Preliminary Plan Application
Improvement Construction Plan
Final Plan Application
Land Disturbance Plan
Plans Exempted from Standard Procedures
Procedure for Requesting Consideration of Waiver of Provisions of This
Article
ARTICLE IV
INFORMATION TO BE SHOWN ON OR SUBMITTED WITH PLANS
§401
§402
§403
§404
§405
§406
§407
§408
§409
.
.
.
.
.
.
.
.
.
Sketch Plans
Preliminary Plans
Final Plans
Lot Add-On Plans
Land Disturbance Plans
Traffic Evaluation Study
Wetlands Study
Feasibility Report on Sewer and Water Facilities
Phase I Environmental Site Assessment (PESA)
Page Revised 12/2/1997
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ARTICLE V
CONSTRUCTION OF REQUIRED IMPROVEMENTS AND DEDICATION
§501 . Completion of Improvements or Guarantee Thereof Prerequisite to Final
Plan Approval
§502 . Effect of Plan Recording on Dedication and Reservations
§503 . Release from Financial Security
§504 . Remedies to Effect Completion of Improvements
§505 . Inspection During Construction
§506 . Construction in Accordance With Plans
§507 . Maintenance of Stormwater Management Facilities and BMP Facilities
During Construction
§508 . As-Built Plans
§509 . Dedication
§510 . Development Agreement
ARTICLE VI
DESIGN STANDARDS
§601 .
§602 .
§603 .
§604 .
§605 .
§606 .
§607 .
§608 .
§609 .
§610 .
§611 .
§612 .
§613 .
General
Streets, Private Streets and Driveways
Vehicular Parking Facilities, Sidewalks and Curbs
Blocks and Lots
Building Setback Lines and Building Separation
Easements and Right-of-Ways
Survey Monuments and Markers
Stormwater Management and Floodplain Controls
Landscaping
Sanitary Sewage Disposal and Water Supply
Public Dedication of Park and Open Space Land
Refuse Collection Stations
_Stripping, Piling, Replacement or Removal of Topsoil
ARTICLE VII
MOBILE HOME PARKS
§701 .
§702 .
§703 .
§704 .
§705 .
§706 .
§707 .
§708 .
§709 .
§710 .
§711 .
§712 .
§713 .
§714 .
General
Lot Size and/or Density
Water Supply
Sewage Disposal
Storm Drainage, Erosion and Sedimentation and Floodplain Controls
Interior Streets
Vehicular Parking Facilities
Pedestrian Walkways
Lighting
Landscaping
Building Setbacks and Separations
Solid Waste Disposal
Open Space Requirements
Other Site Improvements
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ARTICLE VIII
ADMINISTRATION, ENFORCEMENT AND PENALTIES
§801 .
§802 .
§803 .
§804 .
§805 .
§806 .
Fees
Waivers
Application Requirements
Action on Waiver Applications
Enforcement
Violations, Penalties and Preventive Remedies
ARTICLE IX
LONG TERM MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES
AND OTHER IMPROVEMENTS
§901 . Maintenance of Streets
§902 . Maintenance of Stormwater Management Facilities and BMP Facilities
After Physical Completion
§903 . Permanence of Stormwater Management Facilities
§904 . Maintenance of Street Trees and Landscaping
ARTICLE X
APPEALS, INTERPRETATION AND EFFECTIVE DATE
§1001 .
§1002 .
§1003 .
§1004 .
§1005 .
§1006 .
Appeals
Interpretation and Application of Provisions
Application of ordinance
Construction
Severability
Effective Date
Appendices
Page Added 12/2/1997
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(22,
§101)
(22,
§101)
ARTICLE I
TITLE - AUTHORITY
§101 .Short Title . This Chapter shall be known as the "Adamstown Borough
Subdivision and Land Development Ordinance of 1997 ."
(Ord . 282, 4/1/1997,
§101)
§102 . Purpose . This Chapter is adopted for the following purposes :
A . To promote and protect the public health, safety, morals and
welfare .
B.
To promote orderly, efficient, integrated and harmonious
development in the Borough .
C . To require sites suitable for building purposes and human
habitation in keeping with the standards of quality existing in the
Borough and to alleviate peril from fire, flood, erosion, excessive
noise, smoke or other menace .
D . To coordinate proposed streets and other improvements with
existing or proposed streets, parks or other features of the comprehensive plan and to provide for drainage, water supply, sewage disposal and
other appropriate utility services .
E . To encourage preservation of adequate open spaces for recreation, light and air and maintenance of the natural amenities characteristic of the Borough and its residential, commercial, agricultural,
industrial and public areas .
F . To ensure conformance of subdivision and land development plans
with the comprehensive plan, Zoning Ordinance [Chapter 27], and public
improvement plans and to ensure coordination of ' intergovernmental
improvement plans and programs .
G.
To secure equitable treatment of all subdivision and land
development plans by providing uniform procedures and standards .
H . To ensure that developments are environmentally sound by
requiring preservation of the natural features of the areas to be
developed to the greatest extent practicable, to maintain the economic
well-being of the Borough and to prevent unnecessary or undesirable
blight, runoff and pollution .
I . To secure the protection of water resources and drainageways .
J . To establish provisions governing the standards by which
streets shall be granted and improved, and walkways, curbs, gutters,
street lights, fire hydrants, water and sewage facilities and other
improvements shall be installed as a condition precedent to final
approval of plans .
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(22, §102(K))
(22,
§102(K))
K . To regulate the modification of the natural terrain and
alternations of existing drainage from new subdivisions and new land
developments in order to control erosion and sedimentation of soils and
preserve stream channels and water quality ; and provide design,
construction and maintenance and storm drainage facilities for controlling stormwater, erosion and sedimentation and maintaining the quality
of the watersheds within the Borough . .
(Ord . 282,
4/1/1997, §102)
§103 .
Authority and Jurisdiction . No land development or subdivision
of any lot, tract or parcel of land shall be made and no street, sanitary
sewer, storm sewer, water main or other improvements in connection therewith
shall be laid out, constructed, opened or dedicated for public use or travel,
or for the common use of occupants of buildings abutting thereon, except in
accordance with the provisions of this Chapter . The authority for the
control and regulation of subdivision and land development within the Borough
shall be as follows :
Approval by the Adamstown Borough Council .
The Adamstown
A.
Borough Council shall be vested with the authority to approve or
disapprove all subdivision and land development plans .
B . Review by the Adamstown Borough Planning Commission . Plans for
subdivision and land development shall be submitted to the Adamstown
Borough Planning Commission for review and report . Said submission
shall take place before approval of any plans by the Borough Council .
However, if a report is not received from the Adamstown Borough Planning
Commission within the time period established by the Pennsylvania
Municipalities Planning Code .
C.
Review by the County Planning Commission .
Plans for subdivision and land development located within Adamstown Borough shall be
submitted to the Lancaster County Planning Commission for review and
report . Said submission shall take place before approval of any plans
by Borough Council . However, if a report is not received from the
County Planning Commission within the time period established by the
Pennsylvania Municipalities Planning Code .
(Ord . 282, 4/1/1997, §103)
§104 . Enactment Authority .
The Adamstown Borough Development Improvements Regulation Ordinance is enacted under the authority of the Pennsylvania
Municipalities Planning Code, Act of July 31, 1968, P .L . 805, No . 247, as
amended and reenacted, 53 P .S . §10101 et sue ., and the Borough Code, Act of
February 1, 1996, (1995) P .L . 1656, No . 581, as amended, 53 P .S . §45001 et
seq .
To the extent that this Chapter regulates actions or activities in
connection with a subdivision or land development as those terms are defined
in the Municipalities Planning Code (including, but not limited to,
activities where the Borough Council has granted a waiver of the requirement
to obtain approval of a land development plan or a subdivision plan) . This
Chapter shall be considered to have been enacted under the authority of and
subject to the provisions governing enforcement of such ordinances in the
Municipalities Planning Code . To the extent that an action or activity
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(22,
§104,
(22, §104,
cont'd)
cont'd)
which is regulated by this Chapter is not an action or activity in connection
with a subdivision or land development as those terms are defined in the
Municipalities Planning Code, such regulations shall be considered to be
enacted under the uthority of and subject to the provisions concerning
enforcement of ordinances in the Borough Code . For the purpose of this
Section, an "action or activity' includes the failure of a person to
undertake or complete any action required by the Chapter .
(Ord . 282,
4/1/1997, §104)
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(22,
§201)
(22,
§201)
ARTICLE II
INTERPRETATION AND DEFINITIONS
§201 General Interpretations .
interpretation shall be used :
In this Chapter the following rules o
A . The word "lot" includes the word "plot" or "parcel ."
B . Words in the present tense may imply the future tense .
C . Words used as singular imply the plural .
D . The masculine gender includes the feminine and neuter genders .
E . The word "person" includes a partnership, corporation, association, trust, , estate or any other legally recognized entity as well as
an individual .
F . The word "shall" is to be interpreted as mandatory .
(Ord . 282, 4/1/1997, §201)
Unless otherwise stated, the following words and
§202 .
Definitions .
phrases shall be construed throughout this Chapter to have the meanings
indicated in this Section :
ACCELERATED EROSION - the removal of the surface of land through
the combined action of man's activities and the natural processes at a
rate greater than would occur because of the natural process alone .
ACCESS DRIVE - a private drive providing access between a street
and a parking compound .
ACT - the Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P .L . (1965) 1535, No . 537, as amended, 35 P .S . §750 .1 et seq .
AGENT - any person, other than a landowner or developer, who,
acting for the landowner or developer, submits to the Planning Commission and Borough Council subdivision or land development plans for the
purpose of obtaining approval thereof .
the cultivation of the soil and the raising and
AGRICULTURAL
harvesting of the products of the soil including, but not by way of
limitation, nurserying, horticulture, forestry and the breeding and
raising of customary domestic animals, for the purpose of profit .
AGRICULTURAL USE OF LAND - the use of land exclusively for the
cultivation of soil, the production of crops or livestock or the science
of forestry in accordance with recognized soil management practices ;
also land which has been diverted from agricultural use by an active
Federal farm program, provided the land has a conservation cover of
grass, legume, trees or wildlife shrubs .
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(22,
§202,
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(22,
§202, cont'd)
APPLICANT - a landowner or developer, as hereinafter defined, who
has filed an application for development including his heirs, successors
and assigns .
APPLICATION FOR DEVELOPMENT - every application, whether preliminary or final, required to be filed and approved prior to start of
construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plot or
plan or for the approval of a land development plan .
BEST MANAGEMENT PRACTICE (BMP) - structural devices or other
methods that temporarily store or treat stormwater runoff to reduce
flooding, remove pollutants and provide other environmental amenities .
BLOCK - an area bounded by streets or by a combination of streets,
public land, railroad right-of-way, water bodies or other barriers
limiting the continuity of development .
BOROUGH - Adamstown Borough, Lancaster and Berks Counties,
Pennsylvania, as represented by the Adamstown Borough council or its
duly authorized agents ._
BOROUGH COUNCIL - the Adamstown Borough Council .
BUILDING - a building is any structure which has enclosing walls
and a roof including, house trailers and mobile homes .
BUILDING ENVELOPE - the building envelope is that area of the lot
which has no building restrictions . The building envelope shall not
include the area of any required setbacks (except for driveways which
cross yards), buffer yards or floodplains .
BUILDING SETBACK LINE - a line within a property defining the
required minimum distance between any structure and the adjacent street
right-of-way line or property line provided, the street right-of-way
line and the property line are one in the same . The building setback
line shall be measured from the street right-of-way line .
CARTWAY - the portion of a street or alley intended for vehicular
use, including travel lanes and parking lanes but excluding shoulders,
curbs and sidewalks .
CHANNEL - a natural or artificial watercourse with a definite bed
and banks which confine and conduct continuously or periodically flowing
water .
CLEAR SIGHT TRIANGLE - an area of unobstructed vision at the
intersection of two (2) or more streets, access drives or alleys . It
is defined by lines of sight between points at a given distance from the
intersection of the centerlines of both streets . No obstructions higher
than three and one-half (3-1/2) feet are permitted .
CODE ENFORCEMENT OFFICER - the person appointed by the Borough
Council of the Borough to administer and enforce the provisions of this
Chapter .
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§202,
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COE - United States Army Corps of Engineers .
COMMON DRIVEWAY - a private driveway utilized by two (2) or more
separate lots or dwellings for access to a public or private street .
COMMON OPEN SPACE - a parcel or parcels of land, an area of water
or a combination of land and water within a development site and
designed and intended for the use or enjoyment of residents of a
development, not including streets, off-street parking areas and areas
set aside for public facilities .
COMPENSATORY MITIGATION - a form of mitigating for wetlands lost
due to construction by planning, excavating and planting a new wetland
area .
COMPREHENSIVE PLAN - the Adamstown Borough Comprehensive Plan, as
amended .
COUNTY PLANNING COMMISSION - the Lancaster County Planning Commission .
CUL-DE-SAC - a street intersecting another street at one (1) end
and terminating at the other in a vehicular turnaround . Cul-de-sac
streets which extend to the property limits and are designed for future
extension shall be known as temporary . Cul-de-sac streets which do not
extend to the property limits and are not intended for future extension
shall be known as permanent .
CULVERT - a structure with appurtenant works which carries a
watercourse under or through an embankment or fill .
CURB - the raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic ;
all curbs shall be constructed in accordance with the specifications in
this Chapter or any other Ordinance enacted by the Borough Council
setting requirements for the construction of roads, curbs and sidewalks .
DEDICATION - the deliberate appropriation of land by its owner for
general public use .
DENSITY - the number of dwelling units or units of occupancy per
acre, exclusive of street rights-of-way .
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) - the Department of
Environmental Protection of the Commonwealth of Pennsylvania or any
agency successor thereto .
DEPARTMENT OF TRANSPORTATION (PennDOT) - the Department of
Transportation of the Commonwealth of Pennsylvania or any agency
successor thereto .
DESIGN SPEED - the design speed for streets designed in accordance
with this Chapter shall equal the proposed posted speed plus five (5)
miles per hour .
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(22,
§202, cont'd)
(22,
§202, cont'd)
DESIGN STORM - the magnitude of precipitation from a storm event
measured in probability of occurrence (e .g ., ten (10) year storm) and
duration (e .g ., twenty-four (24) hour) and used in computing stormwater
management control systems .
DETENTION BASIN - a vegetated basin designed to drain completely
after storing runoff only for a given storm event and releasing it at
a predetermined rate . Also known as a dry pond .
DEVELOPER - any landowner, agent of such landowner or tenant with
the permission of such landowner, who makes or causes to be made a
subdivision of land or a land development or other activities covered
by this Chapter .
DEVELOPMENT any manmade change to improved or unimproved real
estate including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, logging, excavation or
drilling operations .
DEVELOPMENT PLAN - the provisions for development, including a
planned residential development, a plat of subdivision, all covenants
relating to use, location and bulk of buildings and other structures,
intensity of use or density or development, streets, ways and parking
facilities, common open space, and public facilities . The phrase
"provisions of the development plan" shall mean written and graphic
materials referred to in this definition .
DOUBLE FRONTAGE LOT - a lot, other than a corner lot, fronting on
two (2) streets .
DRAINAGE EASEMENT - a right granted by a landowner to a grantee,
allowing the use of private land for stormwater management purposes .
DRAINAGE FACILITY - any ditch, gutter, pipe, culvert, storm sewer
or other structure designed, intended or constructed for the purpose of
carrying surface waters off streets, public rights-of-way, parks,
recreational areas or any part of any subdivision or contiguous land
areas .
DRIVEWAY - a private drive providing access between a street or
access drive and a parking area for a single residential unit of
occupancy .
DWELLING UNIT - a building, or portion thereof, forming a single
habitable unit with facilities which are used or intended to be used for
living, sleeping, cooking and eating exclusively by one (1) family .
EASEMENT - a limited right of use granted in private land for a
public or quasi-public purpose .
EASEMENT OF ACCESS - any driveway or other entrance from a public
or private road . A field road providing access to agriculturally used
fields and not providing access to any residential, commercial or
industrial structure is not considered an easement of access .
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§202,
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(22,
§202, cont'd)
ENERGY DISSIPATOR - a device used to slow the velocity of stormwater particularly at points of concentrated discharge such as pipe
outlets .
ENGINEER - a professional engineer licensed as such in the Commonwealth of Pennsylvania .
EROSION - the removal of soil particles by the action of water,
wind, ice or other geological agents .
FINANCIAL SECURITY - a letter of credit, or other form of guarantee, in accordance with the requirements of Article V of the Municipalities Planning Code posted by a developer to secure the completion of
improvements indicated on an approved plan .
FLOODPLAIN - the area of inundation which functions as a storage
or holding area for floodwater to a width required to contain a base
flood of which there is a one (1) percent chance of occurring in any
given year . The floodplain also contains both the floodway and the
flood fringe . The floodway is the channel of a water course and the
adjoining land area which are required to carry and discharge the base
flood . The flood fringe is the adjoining area which may be covered by
water of the base flood .
FRONTAGE - the horizontal or curvilinear distance along the street
line upon which a lot abuts .
FUTURE RIGHT-OF-WAY - (1) The right-of-way width required for the
expansion of existing streets to accommodate anticipated future traffic
loads . (2) A right-of-way established to provide future access to or
through undeveloped land .
GRADE - the slope expressed in a percent which indicates the rate
of change of elevation in feet per hundred feet .
GRASSED WATERWAY - a manmade drainage way of parabolic or trapezoidal cross section shaped to required dimensions and vegetated for
safe disposal of runoff . (Also known as a swale)
GUTTER - that portion of a right-of-way carrying surface drainage .
HARDSHIP - a condition, not economic in nature, not caused by the
applicant or developer for which he may request a waiver .
HOLDING POND - a retention or detention pond .
HOMEOWNERS ASSOCIATION - an unincorporated association or not-for-profit corporation whose membership consists of the lot owners of a
residential development . A homeowners association shall also include
a condominium unit owners association . All such associations shall
comply with the requirements for unit owners associations contained in
the Pennsylvania Uniform Condominium Act, 68 Pa .C .S . §3101 et sue.
IMPERVIOUS SURFACE - those surfaces which do not absorb rain . All
buildings, including roof overhangs, parking areas, driveways, roads,
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(22,
§202,
cont'd)
(22,
§202,
cont'd)
sidewalks and such areas as those in concrete and asphalt shall be
considered impervious surfaces within this definition .
In addition,
other areas determined by the Borough Engineer to be impervious within
the meaning of this definition will also be classed as impervious
surfaces .
IMPROVEMENTS - the making of physical changes to the land including, but not limited to, grading and paving, installing curbs, gutters,
stormwater management facilities or sidewalks, and extensions and/or
installations of water supply facilities and/or sanitary sewer facilities in order to prepare the land for two (2) or more residential units
of occupancy or one (1) or more nonresidential units of occupancy .
Improvements shall also include the erection of a nonresidential
building, the addition of more than one thousand (1,000) square feet to
a nonresidential building, the conversion of a nonresidential building
into a greater or lesser number of units of occupancy or the conversion
of a single family residence into four (4) or more dwelling units .
Improvements shall not include the erection of a residential accessory
building or structure including, but not limited to, attached or
detached garages (not exceeding two (2) vehicles capacity), swimming
pools or tennis courts or to the erection of an accessory building or
structure for agricultural purposes on a farm .
LAND DEVELOPMENT - a land development as defined by the Pennsylvania Municipalities Planning Code, as amended . Generally states as
follows : Any of the following activities :
A . The improvement of one (1) lot or two (2) or more
contiguous lots, tracts or parcels of land for any purpose
involving :
(1) A group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively
or a single nonresidential buildings, whether proposed
initially or cumulatively or a single nonresidential building
on a lot or lots regardless of the number of occupants or
tenure .
(2) The division or allocation of land or space, whether
initially or cumulatively, between or among two (2) or more
existing or prospective occupants by means of, or for the
purpose of, streets, common areas, leaseholds, condominiums,
building groups or other features .
B . A subdivision of land .
C . Excluded from this definition of land development are the
following :
(1) The conversion of an existing single-family detached
dwelling or single-family semidetached dwelling into not more
than three (3) residential units, unless such units are
intended to be a condominium .
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(22,
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§202, cont'd)
(2) The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing
principal building .
(3)
The addition or conversion of buildings or rides
within the confines of an enterprise which would be considered
an amusement park . For the purposes of this subsection, an
amusement park is defined as a tract or area used principally
as the location for permanent amusement structures or rides .
This exclusion shall not apply to newly acquired acreage by
an amusement park until initial plans for the expanded area
have been approved by proper authorities .
LANDOWNER - the legal. or beneficial owner or owners of land
including the holder of an option or contract to purchase (whether or
not such option or contract is subject to any condition), a lessee if
he is authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land .
LANDSCAPE ARCHITECT - a professional landscape architect licensed
as such in the Commonwealth of Pennsylvania .
LAND DISTURBANCE ACTIVITY - any use involving the installation of
ground cover, grading, filling or excavation of land ; or the erection
of a dwelling or other principal structure ; or the modification,
removal, filling or alternation of an existing stormwater management
facility or drainage easement . Land disturbance activities shall be
classified as follows :
A . Minor Land Disturbance Activity . The use of land for any
single-family residential purpose on an existing lot of record
including subdivided lots or land developments approved under a
major land disturbance activity ; provided, that :
1 . The use is not within a floodplain area .
2 . No diversion or piping of any natural or manmade
watercourse or existing drainage pattern is involved .
3.
Such use does not involve the installation of
impervious surface, grading, filling or excavation of more
than two thousand (2,000) square feet at any time or does not
exceed more than ten thousand (10,000) square feet, for the
combination at existing and proposed impervious surface
(including roof tops) .
B.
Major Land Disturbance Activity .
1 . Any use involving the diversion or piping of any
natural or manmade watercourse or existing drainage pattern .
2 . Any nonresidential use involving the installation of
impervious surface, grading, filling, excavation or destruction of woodland o f more than two thousand (2, 000) square feet
at any time or in excess of ten thousand (10,000)
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(22,
§202,
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(22,
§202, cont'd)
square feet, for the combination of existing and proposed
impervious surface
(including roof tops) except for the
agricultural use of land when operated in accordance with a
farm conservation plan approved by the Lancaster County
Conservation District .
3.
Any nonresidential development meeting the above
requirement including, but not limited to,
commercial,
industrial and institutional development .
4 : The submission of a subdivision or land development
plan .
LOCATION MAP - a map showing the site with relation to adjoining
areas .
LOT - a designated parcel, tract or area of land established by a
plat or otherwise permitted by law and to be used, developed or built
upon as a unit .
LOT AREA - the total horizontal area within the lot lines of a lot
following exclusion of :
A .' Areas within an existing or proposed, public or private,
easement or right-of-way, the terms or conditions of which restrict
or limit the nature, dimensional characteristics or intensity of
development or development activities within the said easement or
right-of-way .
B . In the case of flag lot, any right-of-way, easement or
accessway connecting such interior lot to a road or street .
LOT, CORNER - a lot bounded on at least two (2) sides by intersecting street, or upon two (2) parts of the same street, whenever the lines
of such streets extended form an interior angle of one hundred thirtyfive (135) degrees or less .
MOBILE HOME - a transportable, single-family dwelling intended for
permanent occupancy, contained in one (1) unit or in two (2) or more
units designed to be joined into one (1) integral unit capable of again
being separated for repeated towing, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking and
assembly operations and constructed so that it may be used without a
permanent foundation .
MOBILE HOME PARK - a parcel or contiguous parcels of land which
have been so designated and improved that it contains two (2) or more
mobile home lots for the placement thereon of mobile homes .
MOBILE HOME SPACE - a parcel of land in a mobile home park,
improved with the necessary utility connections and other appurtenances
necessary for the erection thereon of a single mobile home .
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(22,
§202,
cont'd)
(22,
§202,
cont'd)
MULTIPLE DWELLING BUILDING - a building providing separate
quarters for two (2) or more families .
living
MUNICIPALITIES PLANNING CODE - the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P .L . 805, No . 247, as amended and
reenacted, December 21, 1988, P .L . 1329, No . 170 et seq ., as amended
from time to time .
MUNICIPALITY - the Borough
Counties, Pennsylvania .
of
Adamstown, Lancaster
and
Berks
NATURAL WATERCOURSE - a natural watercourse or channel (nonmanmade) with a definite bed and banks which confine and conduct
continuously or periodically flowing water .
NONRESIDENTIAL - any use other than single or multifamily dwellings . An institutional use in which persons may reside, such as a
dormitory, prison, nursing home or hospital, shall be considered a
nonresidential use .
NWI - National Wetland Inventory .
ONSITE STORMWATER MANAGEMENT - the control of runoff to allow water
falling on a given site to be absorbed or detained onsite to the extent
that after development the peak rate of discharge leaving the site is
no greater than if the site had remained undeveloped .
OWNER - the owner of record of a parcel of land .
PARKING AREA - an area on a lot utilized for the parking of
vehicles for a single-unit of occupancy .
PARKING COMPOUND - an area on a lot containing any use other than
agricultural or one (1) single-family detached dwelling for the parking
of three (3) or more vehicles . Also known as a "parking lot ."
PARKING SPACE - a dustless, all-weather surface designed and
constructed according to all applicable regulations for the storage of
one (1) vehicle .
PEAK DISCHARGE - the maximum rate of flow of water at a given point
and time resulting from a specified storm event .
PEDESTRIAN WALKWAY - a right-of-way, publicly or privately owned,
intended for human movement by walking .
PLAN A . Final Plan . A complete and exact subdivision and/or land
development plan, including all supplementary data specified in
§403 of this Chapter .
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(22,
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(22, §202,
cont'd)
B.
ImprovementConstruction Plan .
A complete and exact
subdivision and/or land development plan, prepared in accordance
with Article V of this Chapter, the sole purpose of which is to
permit the construction of only those improvements required by this
Chapter, as an alternative to guaranteeing the completion of those
improvements by a corporate bond or other surety .
C.
Land Disturbance Plan .
A complete and exact plan
including all supplementary data specified in §405 of this Chapter .
Lot Add-On Plan .
D.
A complete and exact subdivision plan
including all supplementary data specified in §404 of this Chapter .
E.
Preliminary Plan . A subdivision and/or land development
plan including all required supplementary data specified in §402
of this Chapter, showing approximate locations .
F.
Record Plan .
A final plan which contains the original
endorsement of the Borough and the County Planning Commission which
is intended to be recorded with the Lancaster County Recorder of
Deeds .
G.
Sketch Plan .
An informal plan, not necessarily to exact
scale, indicating . salient existing features of a tract and its
surroundings, with the general layout of a proposal prepared in
accordance with §401 of this Chapter .
PLANNING COMMISSION - the Adamstown Borough Planning Commission .
PLANNING MODULE FOR LAND DEVELOPMENT - a revision to the Borough
official plan submitted in connection with the request for approval of
a subdivision or land development in accordance with DEP regulations .
PROJECT SITE - an area of land under land disturbance or development and within the jurisdiction of this Chapter .
PUBLIC SEWER SYSTEM - a municipal sanitary sewer system approved
and permitted by DEP and owned by the Adamstown Borough Authority of
Lancaster County .
PUBLIC WATER SYSTEM - a municipal water supply facility approved
and permitted by DEP and owned by the Borough or a water supply facility
owned by a public utility and operated in accordance with a certificate
of public convenience granted by the Pennsylvania Public Utility
Commission .
QUADRAT - a circular or square plot of a given area used, for
wetlands delineation purposes, to determine the dominant plant species
within a site .
RECORD DRAWINGS - set of prints of the original facilities showing
those changes made during the construction process .
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(22,
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RECORDER OF DEEDS
County, Pennsylvania .
(22,
§202, cont'd)
the Recorder of Deeds in and for Lancaster
RESUBDIVISION - any subdivision or transfer of land laid out on a
plan which has been approved by the Borough or the County Planning
Commission which changes or proposes to change property lines and/or
public rights-of-way not in strict accordance with the approved plan .
RETENTION POND - a pond containing a permanent pool of water
designed to store runoff for a given storm event and release it at a
predetermined rate .
REVERSE FRONTAGE LOT - a lot extending between and having frontage
on a major street and a minor street with vehicular access solely from
the latter .
RIGHT-OF-WAY - land set aside for use of a street, alley, utilities
or other public or quasi-public purpose .
SEDIMENT BASIN - a temporary dam or barrier constructed across a
waterway or at other suitable locations to intercept the runoff and to
trap and retain the sediment .
SIGHT DISTANCE - the length of street, measured along the centerline, which is continuously visible from any point three and one-half
(3-1/2) feet above the centerline .
STORM SEWER - a system of pipes, conduits, swales or other similar
structures including appurtenant works which carries intercepted runoff,
and other drainage, but excludes domestic sewage and industrial wastes .
STORMWATER - drainage runoff from the surface of the land resulting
from precipitation or snow or ice melt .
STORMWATER MANAGEMENT - a program of controls and measures designed
to regulate the quantity and quality of stormwater runoff from a
development while promoting the protection and conservation of
groundwaters and groundwater recharge .
STORMWATER MANAGEMENT FACILITIES - those controls and measures used
to affect a stormwater management program .
STREET - a strip of land, including the entire right-of-way,
intended primarily as a means of vehicular and pedestrian travel .
Street includes avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways used or intended to be used by
vehicular traffic or pedestrians whether public or private . Unless the
existing streets within the Borough are officially classified, the
following general classifications will prevail :
A . Arterial Street, Hiqhway . A street or road which is used
primarily for fast or heavy traffic including all roads classified
as main and secondary highways by the Department of Transportation .
Arterial streets include all streets listed as such in the Borough
Comprehensive Plan, as amended .
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(22,
§202,
cont'd)
B.
CollectorStreet .
A street which carries traffic from
minor streets to the major system or arterial streets, including
the principal entrance or circulation streets of a residential
development and all streets within industrial and/or commercial
subdivisions or developments .
Collector streets include all
streets listed as such in the Borough Comprehensive Plan, as
amended .
C . LocalStreet . A street which is used primarily for access
to the abutting properties . Local streets include all streets
listed as such in the Borough Comprehensive Plan, as amended .
D . Alley . A private drive providing access between a street
and off-street parking facilities for two (2) or more dwelling
units . Alleys shall provide secondary means of access to lots .
Alleys are on the same level as a local access street, and are used
in cases of narrow lot frontages . No parking shall be permitted,
and alleys should be designed to discourage through traffic .
Number of units served should not exceed twenty-four (24) . Alleys
may be designed as one (1) lane streets .
STREET LINE - the street line is the right-of-way of the street .
STRUCTURE - any manmade object having an ascertainable stationary
location on or in land or water, whether or not affixed to the land .
SUBDIVIDER - a developer .
SUBDIVISION - a subdivision of land as defined by the Municipalities Planning Code, as amended . Generally as follows : the division or
redivision of a lot, tract or parcel of land by any means into two (2)
or more lots, tracts, parcels or other divisions of land including
changes in existing lot lines for the purpose, whether immediate or
future, of lease, partition by the court for distribution to heirs or
devisees, transfer of ownership or building or lot development ;
provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any
new street or easement of access or any residential dwelling, shall be
exempted .
SURVEYOR - a professional land surveyor licensed as such in the
Commonwealth of Pennsylvania .
TRACT - one (1) or more lots assembled for the purpose of development under provisions of this Chapter and the Zoning Ordinance [Chapter
27] .
TRANSECT - a line along which quadrats are placed at intervals for
purposes of identifying and delineating wetlands .
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(22,
§202, cont'd)
UNDEVELOPED LAND - land in parcels sufficiently large for future
subdivision which is presently in agriculture, woodland or lying fallow .
WAIVER - the granting of an exception to these regulations which
in the opinion of the Borough Council will not be detrimental to the
general welfare, impair the intent of those regulations or conflict with
the Comprehensive plan .
WASTEWATER TREATMENT FACILITY - a system of piping and appurtenances, whether municipally or privately owned, designed for the collection
and transmission - of liquid and water carried wastes from residences,
commercial buildings, industrial plants and institutions to a central
wastewater treatment plant for treatment and discharge (not including
septic tanks or subsurface disposal systems) .
WATERCOURSE - a permanent or intermittent stream, river, brook,
creek, run, channel, swale, pond, lake or other body of water, whether
natural or manmade, for gathering or carrying surface water .
WATER SUPPLY FACILITY - a system of piping and appurtenances,
whether municipally or privately owned, designed for the transmission
and distribution of potable water from a centralized water supply or
source to residences, commercial building, industrial plants, or
institutions (not including individual onlot wells) .
WETLANDS - . those areas that are inundated or saturated by surface
or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support a prevalence of vegetation
typically adapted for life in saturated soil condition . Wetlands
include, but are not limited to, swamps, bogs, marshes and wet meadows .
Wetlands shall be delineated on all plans in accordance with §406 of
this Chapter .
(Ord . 282, 4/1/1997, §202)
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(22,
(22, §301)
§301)
ARTICLE III
PLAN PROCESSING PROCEDURES
§301 .
General .
This Article sets forth the application
for obtaining approval of subdivisions, land developments and
bances .
The form of the various plans referred to in this
information required to be forwarded with such plans shall be as
(Ord . 282, 4/1/1997, §301)
Article IV .
requirements
land disturArticle and
specified in
§302 .
Preapplication Review (Sketch Plan) .
Applicants are urged to
discuss possible development sites and plan with the Borough Planning
Commission prior to formal submission of any plan . 'The purpose of the preapplication meeting or sketch plan review is to afford the applicant an
opportunity to receive the comments of the Borough Planning Commission .
Submission of a sketch plan is optional and will not constitute formal filing
of a plan with the Borough . Prospective applicants submitting a preapplication plan for review by the Planning Commission should generally include
those items listed in §401 of this Chapter . Although all the plan information outlined by §401 is not required to be shown on the sketch plan, the
amount of information actually provided should be proportional - to the size
and involvement of the proposed activity . Plans shall be considered for
informal review and discussion and shall not constitute formal filing of the
plan with the Borough . The applicant shall attempt to follow any comments or
concerns of the Planning Commission and staff and attempt to address these
items in the preliminary plans .
(Ord . 282, 4/1/1997, §302)
§303 .Formal Application .
All applications for approval of a
subdivision plan, land development plan, improvement construction plan or
land disturbance plan, shall be made by the developer filing an application
form, to be supplied by the Borough, together with the appropriate plans,
studies, reports, supporting data and required filing fee, with the Borough .
(Ord . 282, 4/1/1997, §303)
§304 .
AcceptanceforFiling .
A.
Initial Application .
All applications shall be submitted to the
Borough Secretary at least fourteen (14) calendar days prior to the next
regular meeting of the Borough Planning Commission . No application will be
considered complete if it is not accompanied by the required fee . Within
said fourteen (14) days the Borough staff shall check the plans and documents
to determine if on their face they are in proper form and contain all
information required by this Chapter and report their findings at the next
regular meeting of the Borough Planning Commission . At their regular meeting
the Borough Planning Commission shall accept the application for filing or
reject the application as defective . If defective, the application shall be
returned to the applicants with a statement of rejection . Acceptance for
filing shall not, however, constitute a waiver of any deficiencies or
irregularities .
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(22,
(22,
§304(B))
§304(B))
B . Amendmentsor Corrections to an Application . The Borough shall have
seven (7) days from the date of submission to examine amended or corrected
applications filed to determine whether such amended or corrected application
results in a substantial amendment to the plan or in the filing of a plan so
changed as to be considered a new plan . If the Borough determines that the
amended or corrected application constitutes a substantial amendment, he
shall so inform the applicant and shall inform the applicant that the Borough
shall consider the ninety (90) day review procedure to have been restarted as
of the date of the filing of the substantial amendment . If the Borough
determines that the amended or corrected application constitutes a new plan,
he . shall so inform the applicant and shall inform the applicant that a new
application and new fees are . required . The applicant may appeal a decision
by the Borough under this Section to the Borough Council .
C . In addition to submission with the Borough it is required that a
full set of plans be concurrently submitted by the applicant to the appropriate officials of the Lancaster County Planning Commission . It shall be the
applicant's responsibility to submit subsequent sets of plans to the
Lancaster County Planning Commission if substantial revisions are made to the
plans or any supporting information related to the plans .
D . The resources of the Borough and the orderly administration of this
Chapter are unduly burdened by multiple and conflicting applications .
Therefore, the same applicant may not submit multiple applications for
approval of a subdivision or land development plan for the same property or
a portion thereof involving the same land use . If an applicant desires to
submit a new application, then the applicant must withdraw in writing any
pending applications . In the event the applicant fails or refuse to withdraw
any pending applications, Borough Council may deny the new application due to
noncompliance with this Section .
(Ord . 282, 4/1/1997, §304)
§305 .
Preliminary Plan Application .
A . Preliminary Plan Application . With the exceptions noted in §309 of
this Article, a preliminary plan is required for applications which propose
new streets, all land development plans and subdivision plans of three (3) or
more lots . All other plans may be submitted as final plans in accordance
with §307 .
1 . Preliminary plans may be filed with the Borough on any business
day ; however, the Planning Commission may review a plan at a particular
meeting only if the plan was filed at least fourteen (14) calendar days
prior to that meeting .
2 . In addition to submitting the required material in accordance
with §305(2), the applicant shall file with the Borough the required
number of copies of plans, supporting information and all filing fees
as required by the Borough .
B . Application Requirements .
include the following :
All preliminary plan applications shall
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(22, §305 (B) (1) )
§305 (B) (1))
1 . Eleven (11) copies of the preliminary plan . All plans shall
be either black on white or blue on white paper prints .
2 . Three (3) copies of all notifications and certifications which
are not provided on the preliminary plan .
3 . Three (3) copies of the application form (see Appendix No . 12) .
4 . Three (3) copies of all reports required by §402(E) .
Planninq Commission Review Process .
At the first meeting of the
C.
Planning Commission no action will be taken for most applications . The plan
will be considered as a briefing item for general comments and introduction
by the Borough staff . The Planning Commission may elect to take action on
any subdivision or land development if deemed to be in order and all review
comments from the Borough staff, Borough Engineer and County Planning
Commission are available . The Planning Commission may discuss the preliminary plan application with the developer or his agent at the next regular
meeting and will review the application to determine if it meets the
standards set forth in this Chapter . The preliminary plan shall then be
submitted by the Planning Commission together with its analysis and
recommendations, including those of the Borough staff and Engineer, to the
Borough Council .
D.
Review by the Borough Staff .
1 . The Borough Zoning Officer and/or any Borough personnel as
directed by the Borough Council shall review the application documents
to determine if they are in compliance with this Chapter, the Zoning
Ordinance [Chapter 27], the Comprehensive Plan and the Borough planning
objectives and accepted planning standards . These personnel shall
provide comments and recommendations, including written findings when
directed by the Borough Council .
2 . The Borough Engineer shall review the application documents to
determine compliance with this Chapter, the Borough 'Stormwater Management Ordinance and any other applicable Borough ordinances, Borough
standards and good engineering practices . He shall prepare a written
report of his findings and recommendations .
Borouqh Council Review Process .
All applications for approval of
E.
a plan shall be acted upon by the Borough Council . The Borough Council shall
render its decision not later than the greater of the period of time required
by the Municipalities Planning Code or ninety (90) days following the date of
the regular meeting of the Planning Commission next following the date of
application ; provided, however, should the said next regular meeting occur
more than thirty (30) days following the filing of the application, the said
ninety (90) day period shall be measured from the thirtieth (30th) day
following the day the application has been filed . Plans will be presented by
the Borough staff at the regular meeting of the Planning Commission,
following acceptance of the plans by the Planning Commission . Following
complete review of the Planning Commission, including its recommendations,
the Borough Council will place the plan on its agenda for review and action .
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(22,
§305(F))
(22, §305(F))
F . Notification of Borough Council Action . The decision of the Borough
Council shall be in writing and shall be communicated to the applicant
personally or mailed to him at his last known address not later than fifteen
(15) days following the decision or such later date as may be required by the
Municipalities Planning Code.
1 . When the application is not approved in terms as filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case, cite
the provisions of the Ordinance relied upon .
2 . Failure of the Borough Council to render a decision and
communicate it to the applicant within the time and in the manner
required herein, unless a greater period of time has been authorized by
the Municipalities Planning Code, shall be deemed an approval of the
application in terms as presented, unless the applicant has agreed in
writing to an extension of time or change in the prescribed manner or
presentation of communication of the decision ; in which case, failure
to meet the extended time or change in manner of presentation of
communication shall have like effect .
G . Compliance with the Borough Council Action .
If the Borough Council
conditions its preliminary plan approval upon receipt of additional
information, changes and/or notifications, such data shall be submitted
and/or alterations noted on two (2) copies of the plan to be submitted to the
Borough for approval . Such data shall be submitted and approved by the
Borough Council within ninety (90) days of their conditional approval, unless
the Borough Council grants a waiver by extending the effective time period .
If the applicant finds the conditions unacceptable and/or fails to submit
revised data within the specified time period, the plan will be automatically
disapproved for the deficiencies outlined by the conditions of approval .
H.
Borough Council Approval and Certification, .
The Borough Council
will acknowledge the satisfactory compliance with all conditions, if any, of
the preliminary plan approval at a regularly scheduled public meeting .
Additionally, at the option of the applicant, after receipt of preliminary
plan approval and compliance with all conditions of approval, a preliminary
plan may be presented to the Borough for acknowledgement through a formal
statement on the plan (see Appendix No . 5) .
1 . Approval of a preliminary application shall constitute approval
of the proposed subdivision and/or land development as to the character
and intensity of development and the general arrangement of streets,
lots, structures and other planned facilities, but shall not constitute
final plan approval . The preliminary plan may not be recorded in the
office of the Recorder of Deeds .
(Ord . 282, 4/1/1997, §305)
§306 .
Improvement Construction Plan .
A.
Improvement Construction Plan Application . After an applicant has
received official notification that the preliminary plan has been approved,
an application may be processed for an improvement construction plan .
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(22, §306 (A) (1) )
(22, §306 (A) (1))
1 . Improvement construction plans may be filed with the Borough
on any business day ; however, the Borough Council will review a plan at
a particular meeting only if the plan was filed at least fourteen (14)
calendar days prior to that meeting .
2 . The improvement construction plan may be submitted in sections,
each section covering a reasonable portion of the • entire proposed
subdivision as shown on the approved preliminary plan .
3 . The Borough Council may accept an improvement construction plan
modified to reflect a change to the site or its surrounds which occurs
after the preliminary plan review . The Borough Council shall determine
when a modification will require a revised preliminary plan .
All improvement construction plan
B.
Application Requirements .
applications shall include the following :
1 . Three (3) copies of the improvement construction plan . All
plans shall be either black on white or blue on white paper prints .
2 . Three (3) copies of all notifications and certificates which
are not provided on the improvement construction plan .
4 .
Chapter .
Three (3 copies of all reports required in §403(E) of the
5 . All filing fees required by the Borough .
All improvement construction plans shall be
C.
Plan Requirements .
prepared in conformance with the provisions of §403 of this Article, with the
exception of §§403 (E) (1) (g) and (h) and §§403 (E) (2) (d) and (f) .
D.
Borouqh Action .
1 . In general, the Planning Commission may review a plan at a
particular meeting only if the plan was filed at least fourteen (14)
calendar days prior to that meeting . The Planning Commission will
discuss the final plan application with the developer or his agent at
a regular meeting and will review the application to determine if it
meets the standards set forth in this Chapter . The final plan
application shall be submitted by the Planning Commission, together with
this analysis and recommendations, to the Borough Council for consideration .
2 . All applications for approval of a plan shall be acted upon by
the Borough Council who shall render its decision not later than the
greater of the period of time authorized by the Municipalities Planning
Code or ninety (90) days following the date of the regular meeting of
the Borough Council next following the date the application is filed,
provided, that should the said next regular meeting occur more than
thirty (30) days following the filing of the application, the said
following the day the application has been filed .
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(22,
§306(E))
(22,
§306(E))
E.
NotificationoftheBorough CouncilAction .
The decision of the
Borough Council shall be in writing and shall be communicated to the
applicant personally or mailed to him at his last known address not later
than fifteen (15) days following the decision or such later date as may be
authorized by the Municipalities Planning Code .
1.
When the application is not approved in terms filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case, cite
the provision of the ordinance relied upon .
2 . Failure of the Borough Council to render a decision and
communicate it to the applicant within the time and in the manner
required herein shall be deemed an approval of the application in terms
as presented, unless the applicant has agreed in writing to an extension
of time or change in the prescribed manner of presentation of communication of the decision ; in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect .
3 . If the application is disapproved, the Borough Council will
notify the above individuals, in writing, of the defects in the
application and will identify the requirements which have not been met,
through citing provisions of the statute or Ordinance relied upon .
F . Compliance with the Borough Council Action . If the Borough Council
conditions improvement construction plan approval upon receipt of additional
information, changes and/or notification, such data shall be submitted and/or
alterations noted on two (2) copies of the plan to be submitted and approved
by the Borough Council within ninety (90) days of their conditional approval,
unless the Borough Council grants a waiver by extending the effective time
period . If the applicant finds the conditions unacceptable and/or fails to
submit revised data within the specified time period, the plan will be
automatically disapproved for the deficiencies outlined by the conditions of
approval .
G.
Improvement Construction Plan Certificate and Construction
Authorization .
After the Borough Council's approval of the improvement
construction plan and the required changes, if any are made, the applicant
shall proceed to prepare two (2) plans which shall be either (A) mylar or (B)
transparent reproductions of the original plan with black line on cloth or
stable plastic base film . These plans shall be certified in the following
manner :
1 . Both improvement construction plans shall be presented to the
Borough Council for their signatures (see Appendix No . 6) . Improvement
construction plans will not be signed by the Borough if submitted more
than ninety (90) days from the Borough Council's approval action unless
the Borough Council grants a waiver by extending the effective time
period of the approval .
2 . Approval and certification of an improvement construction plan
shall not constitute final plan approval of the proposal, nor shall this
plan be recorded with the Recorder of Deeds, but shall, when combined
with the necessary municipal and/or Commonwealth approvals and permits,
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(22,
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§306(G)(2), cont'd)
cont'd)
grant the authority to install the improvements required as part of this
Ordinance .
3 . Following the Borough Council's certification of the improvement construction plan, one (1) copy of the plan will be 'retained by the
Borough Council and the remaining copy will be available to the firm
which prepared the plan .
4 . Improvement construction plan approval will be effective for
a five (5) year period from the date of the Borough Council's approval
action . Construction must be completed and a final plan application
must be submitted within five (5) years of the improvement construction
plan approval, or else the plan approval will become null and void
unless the Borough Council grants a waiver by extending the effective
time period of the approval .
H.
Completion of Improvements .
Upon completion of the improvements
required by this Chapter, the applicant may proceed to submit a final plan
and application which shall include notice of approval of the improvements by
the authority which is to accept the improvement (see Appendix No . 16) .
(Ord . 282, 4/1/1997, §306)
§307 .
Final Plan Application .
Prerequisites to Filing Final Plan Application . An application for
A.
final plan approval can be submitted only after the following, when required
as noted, have been completed :
1 . The receipt of an unconditional preliminary plan approval in
accordance with §305 of this Article, when a preliminary plan approval
is required .
2 . The completion of the improvements required by this Chapter in
accordance with the improvement construction plan procedure stated in
§306 of this Article, when the improvements are not assured by the
posting of financial security as provided in Article V of this Chapter .
B.
Final Plan Applications .
1 . Final plans may be filed with the Borough on any business day ;
however, the Planning Commission will review a plan at a particular
meeting only if the plan was filed at least fourteen (14) days prior to
that meeting .
2 . In addition to submitting the required material in accordance
with subsection (C) of this Section, the applicant shall file with the
Borough the required number of copies of plans, supporting information
and all filing fees required by the Borough .
3 . The final plan may be submitted in phases, each section
covering a reasonable portion of the entire proposed subdivision as
shown on the approved preliminary plan ; provided that each section,
except for the last section, shall contain a minimum of twenty-five (25)
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(22,
§307 (B) (3) , cont'd)
(22, §307(B)(3), cont'd)
percent of the total number of units of occupancy as depicted on the
approved preliminary plan .
4 . The Borough
a change to the site
nary plan review .
modified final plan
shall be submitted .
Council may accept a final plan modified to reflect
or its surroundings which occurs after the prelimiThe Borough Council shall determine whether a
will be accepted or whether a new preliminary plan
C . Application Requirements .
the following :
All final plan applications shall include
1.
Eleven (11) copies of the final plan .
All plans shall be
either black on white or blue on white paper prints .
2 . Three (3) copies of all notifications and certificates which
are not provided on the final plan .
4 . Three (3) copies of all reports required in §403(E) of this
Chapter .
D . Plan Requirements . All final plans shall be prepared in conformance
with the provisions of §403 of this Chapter .
E.
Borough Action .
1 . In general, the Planning Commission may review a plan at a
particular meeting only if the plan was filed at least fourteen (14)
calendar days prior to that meeting . The Planning Commission will
discuss the final plan application with the developer or his agent at
a regular meeting and will review the application to determine if it
meets the standards set forth in this Chapter . The final plan application shall be submitted by the Planning Commission, together with this
analysis and recommendations, to the Borough Council for consideration .
2 . All applications for approval of a plan shall be acted upon by
the Borough Council who shall render its decision not later than the
greater of the period of time required by the Municipalities Planning
Code or ninety (90) days following the date of the regular meeting of
the Borough Council next following the date the application is filed ;
provided, that should the said next regular meeting occur more than
thirty (30) days following the filing of the application, the said
following the day the application has been filed .
3 . Final plan approval will be effective for ninety (90) days from
the date of the Borough Council's action on the final plan, unless the
Borough Council grants a waiver by extending the effective time period
of the approval . Within this time period, the applicant must meet all
conditions of approval, if any, certify plans as specified in §307(H)
of this Article and record plans as specified in §307(I) of this
Article .
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(22,
§307(F))
(22,
§307(F))
F . Notification of Borough Council Action, . The decision of the Borough
Council shall be in writing and shall be communicated to the applicant
personally or mailed to him at his last known address not later than fifteen
(15) days following the decision or such later date as may be required by the
Municipalities Planning Code . When the application is not approved in terms
as filed, the decision shall specify the defects found in the application and
describe the requirements which have not been met and shall, in each case,
cite the provisions of the Ordinance relied upon . Failure of the Borough
Council to render a decision and communicate it to the applicant within the
time and in the manner required herein shall be deemed an approval of the
application in terms as presented, unless the applicant has agreed in writing
to an extension of time or change in the prescribed manner of presentation of
communication of the decision ; in which case, failure to meet the extended
time or change in manner of presentation of communication shall have like
effect .
G.
Compliance with Borough Council Action .
If the Borough Council
conditions its final plan approval upon receipt of additional information,
changes and/or notifications, such data shall be submitted and/or alterations
noted on two (2) copies of the plan to be submitted to the Borough for
approval . Such data shall be submitted and approved by the Borough Council
within ninety (90) days of their conditional approval, unless the Borough
Council grants a waiver by extending the effective time period . If the
applicant finds the conditions unacceptable and/or fails to submit revised
data within the specified time period, the plan will be automatically
disapproved for the deficiencies outlined by the conditions of approval .
H.
Final Plan Certification .
After the Borough Council's approval of
the final plan and the required changes, if any, are made, the applicant
shall proceed to prepare two (2) sets of final plans which shall be either
(A) mylar or (B) transparent reproductions of the original plan with black
line on cloth or stable plastic base film and one (1) set of final plans
which shall be a paper copy for the Borough's files . The two (2) transparent
copies of the final plan shall be certified in the following manner :
Both final plans shall be presented to the Borough Council for
their signatures (see Appendix No . 7) . Final plans will not be signed
by the Borough Council if submitted more than ninety (90) days from the
Borough Council's final approval action unless the Borough Council
grants a waiver by extending the effective time period of the approval .
I . Final Plan Recordation . Upon approval and certification of a final
plan, the applicant shall record the plan in the office of the Recorder of
Deeds . Should the applicant fail to record the final plan within ninety (90)
days of the Borough Council's final plan approval, the Borough Council's
action on the plan shall be null and void unless the Borough Council grants
a waiver by extending the effective time period of the approval .
1 . The final plan shall be filed with the Recorder of Deeds before
proceeding with the sale of lots .
2 . The final plan shall be filed with the Recorder of Deeds before
proceeding with the construction of any improvement except as provided
for in §306 of this Article .
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(22,
(22, §307 (I) (3) )
§307 (I) (3))
3 . No subdivision or land development plan may be recorded unless
it bears the endorsement of the Borough Council .
4 . Proof that the plan has been recorded, in a format acceptable
to the Borough, must be submitted to the Borough prior to the sale of
lots . The Borough shall issue no permits until this verification is
provided . Verification may include the recording receipt from the
Lancaster County Recorder of Deeds along with the date recorded and the
plan book and page number that the plans were recorded in .
J . Effect of Recording of Final Plan . Recording the final plan, after
approval of the Borough Council, shall have the effect of an irrevocable
offer to dedicate all streets and other areas designated for public use,
unless reserved by the landowner as provided in §403(E)(2)(e) of this
Chapter . However, the approval of the Borough Council shall not impose any
duty upon the Commonwealth, County or Borough concerning acceptance,
maintenance or improvement of any such dedicated areas or portion of same
until the proper authorities of the Commonwealth, County or Borough actually
accept same by ordinance or resolution or by entry, use or improvement .
1 . The landowner may place a notation on the final plan to the
effect that there is no offer of dedication to the public of certain
designated areas, in which event the title to such area shall remain
with the owner and neither the Commonwealth, County, Borough nor any
applicable authorities shall assume any right to accept ownership of
such land or right-of-way .
(Ord .
282,
4/1/1997, §307)
§308 .
Land Disturbance Plan .
An application for approval of a land
disturbance plan and stormwater management permit may be submitted to Borough
on any business day . In the event that a question arises as to whether a
proposed activity requires a land disturbance plan, the landowner or
developer may request that the Borough determine 'whether the proposed
activity constitutes a land disturbance activity as defined in Article II,
and if so, whether such activity is exempted from obtaining approval under
§308 (A) below . The landowner or developer shall furnish the Borough with such
information as the Borough Engineer may deem necessary to determine whether
the proposed activity constitutes a land disturbance activity . A decision of
the Borough representatives may be appealed to the Borough Council in
accordance with §1001 herein . Applications for approval of subdivision
and/or land development plans may incorporate all of the necessary stormwater
management information in lieu of application for a separate stormwater
management permit .
A.
Exemptions .
The following activities are specifically exempt
from the plan requirements of this Chapter :
1 . Use of land for gardening and landscaping of the property,
when performed as an accessory use to the primary use of the
property .
Agriculture when operated in accordance with a farm
2 .
conservation plan or erosion and sedimentation control plan
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(22,
§308 (A) (2) ,
cont'd)
(22, §308 (A) (2) , cont'd)
approved by the Lancaster County Conservation District . Application of this Section to claim exemption shall require submittal of
written verification from the Lancaster County Conservation
District - that an inspection has been performed, and the farm has,
and is, implementing an approved farm conservation plan or erosion
and sedimentation control plan .
B.
Minor Land Disturbance Activity .
An application for a
1.
stormwater management'permit for a minor land disturbance activity,
as defined in Article II of this Chapter, shall include the
following items :
a . One (1) completed copy of the application for a
stormwater management permit, minor land disturbance activity .
(see Appendix No . 23) .
b . Three (3) copies of the stormwater management plan
prepared in accordance with §405 of this Chapter .
c . Permit fee in the amount as established by resolution
or ordinance of Borough Council .
d . Performance bond, when applicable, in accordance with
An application for a
2.
Major Land Disturbance Activity .
stormwater management permit for a major land disturbance activity,
as defined in Article II of this Chapter, shall include the
following items :
a . One (1) completed copy of the application for a
stormwater management permit, major land disturbance activity .
(see Appendix No . 24)
b . Three (3) copies of the stormwater management plan
prepared in accordance with §405 of this Chapter .
c . Permit fee in the amount as established by resolution
or ordinance of Borough Council .
d . Performance bond, when applicable, in accordance with
e . Liability insurance, when applicable, in accordance
with §308(E) below .
C.
Borough Action .
1 . Borough staff may review the application with the Borough
Engineer, Borough Solicitor, the Lancaster County Conservation
District and other municipal officials in order to determine
approval, conditional approval or disapproval of the application .
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(2,
§308(C) (2))
(22,
§308(C) (2) )
2 . The Borough shall, within ninety (90) days from the
receipt of an application, issue a permit or disapprove the
application and transmit the decision in writing to the applicant .
Failure of the Borough to render a decision and communicate it as
prescribed above shall be deemed an approval unless the time period
is extended by the applicant .
3 .
A notice of disapproval shall cite the reasons for
disapproval .
D.
Financial Security .
The Borough shall, prior to issuing a
stormwater management permit, require financial security to be posted
for the stormwater detention and/or retention basin and other drainage
facilities which may adversely affect adjacent properties, streets or
other public improvements in accordance with provisions outlined by
Article V of this Chapter . Where required, the developer shall file
with Borough Council financial security in an amount sufficient to cover
the costs and installation of the stormwater management facilities,
including any inspection fees reasonably expected to be incurred by the
Borough .
E.
Liability Insurance .
If, in the opinion of Borough Council
based upon a report of the Borough Engineer, the nature of the work is
such that it may create a hazard to human life or endanger adjoining
property or streets, then Borough Council shall, before issuing the
permit, require that the applicant file a certificate of insurance
showing that there exists insurance against claims for damage, including
damage to the Borough of Adamstown, by surface water flow which has been
altered on the site . The liability insurance shall be to the amount
prescribed by the municipality in accordance with the nature of risks
involved and include the Borough as an additional insured .
Such
insurance shall be written by a company licensed to do business in the
Commonwealth .
(Ord . 282, 4/1/1997, §308)
§309 .
Plans Exempted from Standard Procedures .
A . Procedure for Processing Revised Subdivision and/or Land Development
Plans .
Any replatting or resubdivision of recorded or unrecorded plans,
excluding lot grading plans in subdivisions, shall be considered as a new
application and shall comply with all requirements of this Chapter, except
that plans may be changed, provided that in making such changes :
1 . No lot or tract of land shall be created that does not meet the
minimum design standards required by this Chapter and existing Borough
regulations .
2 . No structure shall be relocated which does not meet the minimum
design standards required by this Chapter and existing Borough regulations .
3 . No increase is made in the overall density .
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(22,
§309 (A) (4) )
(22, §309 (A) (4) )
4 . The stormwater management facilities are not altered in a
manner which affects the discharge of stormwater to an adjacent property
or significantly relocates a major stormwater management facility within
the project .
5 . Street locations and block sizes shall not be changed .
6 . The character and land use of the original application shall
be maintained .
B . In every case where a plan alteration conforms to the above, the
applicant shall :
1 . Submit to the Borough Council three (3) black on white or blue
on white paper copies of the revised final plan and three (3) copies of
the application form (see Appendix No . 12) . Upon review of the
revision, the Borough Council will, in writing, advise the applicant
whether or not the revision complies with the above .
2 . If the revision complies, the applicant shall prepare two (2)
plans, which shall be either (A) mylar or (B) a transparent reproduction
of the original plan with black line on cloth or stable plastic base
film, and which shall specifically identify the alteration(s) to the
previously recorded plan .
3 . The applicant shall then submit the plan to the Borough Council
for signature as specified in §307(H) of this Article (see Appendix No .
7) .
4 . The plans shall then be recorded as specified in §307(1 of
this Article .
C . In addition to submitting the required material, in accordance with
Subsection 309(B) of this Section, the applicant shall file with the Borough
all filing fees .
D . Preliminary/Final Plans .
In case of a subdivision plan of not more
than three (3) lots, which does not require provisions for a new street, the
applicant may at his discretion concurrently submit preliminary and final
plans for action at the Borough Council meeting . All other plans shall be
submitted in accordance with §305 of this Article . For the purpose of
interpreting this Section of the Article, any remaining land shall be
considered a lot .
E . Procedure for Processing a Lot Add-On
The lease, conveyance, sale
or transfer of land for the sole purpose of increasing the lot size of an
adjacent contiguous lot shall comply with the following lot add-on procedure,
provided, that the proposal does not create additional lots or result in a
nonconformity with the design standards found in Article VI of this Chapter .
In every case where a proposal conforms to the above, the application shall
comply with the following procedures :
1 . The applicant shall submit to the Borough eleven (11) black on
white or blue on white paper copies of a lot add-on plan prepared to the
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(22,
§309 (E) (1) , cont'd)
(22, §309 (E) (1) ,
cont'd)
standards specified in §404 of this Chapter and three (3) application
forms (see Appendix No . 12) . In addition to submitting the required
material, the applicant shall provide all filing fees . Upon review of
the revision, the Borough Council will, in writing, advise the applicant
whether or not the proposal qualifies as a lot add-on .
2 . If the plan qualifies, the applicant shall prepare two (2)
plans for recording, which shall be either (A) mylar or (B) a transparent reproduction of the original plan with black line on cloth or stable
plastic base film, and one (1) set of paper copies of the plan for the
Borough Council's files . The two (2) transparent copies of the plan
shall be certified by the Borough Council (see Appendix No . 8) . The
applicant shall record the plans with the Recorder of Deeds . These
plans shall be filed with the Recorder of Deeds prior to the execution
of a deed for the land .
(Ord . 282, 4/1/1997, §309)
§310 .
Procedure for Requesting Consideration of Waiver of Provisions
of This Chapter .
All requests for waivers shall only be
A.
submitted in conjunction with applications for plan approval . All requests
shall be in writing (see Appendix No . 17) and shall identify :
1 . The specific Section of this Chapter which is requested to be
waived .
2 . Provisions proposed as an alternate to the requirements .
3 . Justification for the waiver . The request shall state in full
the grounds and facts of unreasonableness or hardship on which the
request is based .
4.
The minimum modification of a Chapter requirement that is
necessary .
B.
Borough Action, .
1 . In general, the Planning Commission will schedule a request for
a waiver for action at a regular meeting which is at least fourteen (14)
calendar days following the filing of the application by the applicant .
The Planning Commission will review the request to determine (1) if
compliance with the provisions of this Chapter creates an undue hardship
or appears too be unreasonable as it applies to the particular property
or (2) if the applicant demonstrates that an alternative proposal will
allow for equal or better results, and take such action as it shall deem
necessary or advisable in the public interest .
2 . The request for a waiver and accompanying documentation shall
be submitted by the Planning Commission, together with its analysis and
recommendations, to the Borough Council for consideration .
All
applications for approval of a waiver shall be acted upon by the Borough
Council who shall render its decision and communicate it to the
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(22,
§310(B)(2), cont'd)
(22, §310 (B) (2) , cont'd)
applicant, in accordance with the requirements of the Municipalities
Planning Code .
Notification of Action of Borouqh Council .
After the meeting at
C.
which the waiver was reviewed, the Borough Council shall send a written
notice of the Borough Council's action to the applicant at his last known
address not later than fifteen (15) days following the decision, or such
later date as may be authorized by the Municipalities Planning Code . If the
Borough Council denies the request, the Borough Council will notify the above
individual, in writing, of the justification for denial . If the Borough
Council grants the requests, the final plan shall include a note which
identifies the specific waiver as granted .
(Ord . 282, 4/1/1997, §310)
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(22,
§401)
(22,
§401)
ARTICLE IV
INFORMATION TO BE SHOWN ON OR SUBMITTED WITH PLANS
§401 . Sketch Plans . These plans should generally include any features
of the Borough's future land use plan, thoroughfares plan, community
facilities plan or of any plans of the Borough including, but not limited to,
proposed streets, recreation areas, drainage reservation, future schools
sites and public areas . A site analysis shall be provided which highlights
manmade and natural features . The analysis should include a brief narrative
of the project, as well as general information pertaining to soil types and
stability, wetlands, scenic vistas, water courses, drainage patterns, slope,
and transportation patterns and systems, include deficiencies of existing
roadways, public utilities, recreational facilities and any other features of
the site and nearby areas which may be interlaced or impacted by the proposed
development and land use . The sketch plan should also include the following
specific information :
A . Name and address of the developer (if applicable) and landowner .
B . Name of the individual and/or the firm that prepared the plan .
C . Location map with sufficient information to enable the Borough
to locate the property .
D . North arrow .
E . Approximate tract boundaries .
F . Name of the municipality or municipalities in which the project
is located, including the location of any municipal boundaries if
located within the vicinity of the tract .
G.
Proposed land use ; if several land uses are proposed, the
location of each land use shall be indicated .
H . Statement explaining the methods of water supply and sewage
disposal to be used .
I . Streets on and adjacent to the tract should be identified .
J . The proposed general street and lot layout should be identif ied .
K . The proposed location and size of all buildings, parking
compounds and other planned features should be identified in the case
of a land development plan .
L.
The proposed location(s) or general areas necessary for
significant stormwater management facilities such as detention or
retention basins .
(Ord . 282, 4/1/1997, §401)
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(22,
§402)
(22,
§402)
§402 .
PreliminaryPlans .
Preliminary subdivision plans and/or land
development plans shall be prepared by an engineer, surveyor or landscape
architect licensed to practice in the Commonwealth of Pennsylvania .
The
preliminary plan shall show, be accompanied by, or be prepared in accordance
with, the following :
A.
Drafting Standards .
1 . The plan shall be clearly and legibly drawn at a scale of
ten (10) feet, twenty (20) feet, thirty (30) feet, forty (40) feet
or fifty (50) feet to the inch .
2 . Dimensions shall be in feet and decimals, bearings shall
be in degrees, minutes and seconds . Lot line descriptions shall
read in a clockwise direction .
3 . The survey shall not have an error of closure greater than
one (1) foot in ten thousand (10,000) feet .
4 . The sheet size shall be no smaller than eighteen by
twenty-two (18 x 22) inches and no larger than twenty-four by
thirty-six (24 x 36) inches . If the plan is prepared in two (2) or
more sections, a key map showing the location of the sections shall
be placed on each sheet . If more than one (1) sheet is necessary,
each sheet shall be the same size and numbered to show the
relationship to the total number of sheets in the plan (e .g ., sheet
1 of 5) .
5 . Plans shall be legible in every detail .
6.
Plans must be accurate in every detail . All plan
requirements within this Section must be accurately represented in
reports, drawings, etc . Failure to provide accurate plans can
result in disapproval of the application .
B.
Location and Identification .
1 . The proposed project name or identifying title . The plan
title must clearly state if it is a preliminary or final plan .
2 . Name of the municipality or municipalities in which the
project is located, including the location of any municipal
boundaries if located within two hundred (200) feet of the tract .
3 . The name and address of the owner of the tract (or his
authorized agent), the developer/subdivider and the firm that
prepared the plans .
4 . The file or project number assigned by the firm that
prepared the plan, the plan date and the date(s) of all plan
revisions .
5 . A north arrow, graphic scale and written scale .
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(22, §402(B)(6))
(22, §402 (B) (6) )
6 . The entire existing tract boundary with bearing and
distances . (If it is the intention of the landowner to retain a
single lot with a lot area in excess of ten (10) acres, the
boundary of that lot may be identified as a deed-plotting and may
be drawn at any legible scale ; if the retained lot has a lot area
of ten (10) or less acres, it must be described to the accuracy of
the requirements of this Chapter) . In _the case of lot add-on
plans, the boundary of the receiving tract shall also be identified
as a deed plotting and may be drawn at any legible scale .
7 . The total acreage of the entire existing tract .
8.
The location of existing lot line markers along the
perimeter of the entire existing tract .
9 . The district, lot size and/or density requirements of the
Borough Zoning Ordinance [Chapter 27] .
10 . A location map, drawn to scale, relating the subdivision
or land development to at least two (2) intersections of street
centerlines, including the approximate distance to the intersection
of centerlines of the nearest improved street intersection .
11 .
Source of title, deed, book, page, plan book (if
applicable) and tax map number .
C.
Existing Features .
1 . Existing contours shall be shown at a minimum vertical
interval of one (1) foot for land with average natural slope of
three (3) percent or less, two (2) feet for land with average
natural slope between three (3) percent and twenty (20) percent,
and at a minimum vertical interval of five (5) feet for more
steeply sloping land . Contour interval may be adjusted based upon
horizontal scale with concurrence of the Borough Engineer . Contours
shall be accompanied by the location of the 'bench mark and a
notation indicating the datum used . Contours plotted by interpolation of the United States Geodetic Survey 7 .5' mapping will not be
accepted .
2 . The names of all adjacent landowners ; both adjoining and
across existing rights-of-way along with the plan book record
numbers of all previously recorded plans for adjacent properties .
3 . The following items when located within two hundred (200)
feet of the subject tract :
a . The location and name of existing rights-of-way and
cartways for private or public streets, alleys and driveways .
b . The location of the following features and any
related right-of-way, sanitary sewer mains, water supply
mains, fire hydrants, buildings and stormwater collection,
conveyance and management facilities .
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(22, §402(C)(3), cont'd)
(22,
§402(C)(3),
cont'd)
c . The location of existing rights-of-way and easements
for electric, gas and oil transmission lines and railroads .
d . Significant environmental or topographic features
such as floodplains, wetlands, quarry sites, solid waste
disposal areas, historic structures, cemetery or burial sites,
archaeologic sites, highly erosive soils or wooded areas .
4 . The following items when located within the subject tract :
The location, name and dimensions of existing
a.
rights-of-way and cartways for streets, alleys and driveways .
b . The location and size of the following features and
related rights-of-way, sanitary sewer mains, water supply
mains, fire hydrants, buildings and stormwater management
facilities .
c . The location of existing rights-of-way for electric,
gas and oil transmission lines and railroads .
d . The size, capacity and condition of the existing
stormwater management system and any other facility that. may
be used to convey storm flows .
e.
The location and size of existing onlot sewage
systems and wells .
f . Significant environmental or topographic features
such as floodplains, quarry sites, solid waste disposal areas,
historic structures, cemetery or burial sites, archaeologic
sites, highly erosive soils or wooded areas .
g.
The location of wetlands and subsequent data or
information required by §407 of this Article .
h . The location of all floodplains as outlined by the
Zoning Ordinance [Chapter 27] .
D.
Plan Information .
1 . The layout of streets, alleys and sidewalks, including
cartway and right-of-way widths .
2 . The layout of lots with approximate dimensions .
"A",
3 . Block and lot numbers in consecutive order (e .g .,
lots 1 through 10 ; block "B", lots 11 through 22)
block
4 . The location and configuration of proposed buildings,
parking compounds, streets, alleys, driveways, common open space,
recreational areas and all other significant planned facilities .
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(22,
§402 (D) (5))
(22, §402 (D) (5) )
5 . Total number of lots, units of occupancy, density and
proposed land use . If a multiple land use is proposed, the location
of each land use shall be indicated .
6 . Easements and rights-of-way .
7 . Building setback line and building envelope .
8 . Identification of buildings to be demolished .
9 . Typical street cross-section for each proposed public or
private street and typical cross-section for any existing street
which will be improved as part of the application . Each cross
section shall include the entire right-of-way width .
10 . Street centerline profile for each proposed public or
private street shown on the preliminary plan including corresponding centerline stationing .
11 . The preliminary design of the proposed sanitary sewer
mains and water supply mains and facilities . This information
shall include the approximate size, vertical location and horizontal location .
12 .
Stormwater management data, plans, and information
outlined by §403(D)(19) .
13 . A statement on the plan indicating any zoning amendment,
special exception, variance or conditional use approvals, if
applicable .
A statement on the plan indicating any existing or
14 .
proposed waivers granted by the Borough Council .
15 . Proposed street names .
16 . A table indicating the existing zoning district, total
tract area, required lot size, required setbacks, required maximum
and/or minimum development density, maximum building height and
number of lots in the proposed subdivision along with the proposals
for each of these parameters .
17 . Where the proposed subdivision or land development is
located partially or wholly within an area prone to frequent
flooding (either by impoundment or conveyance) as indicated by the
flood insurance rate map profiles and supporting data, soil type
or local historical record, the developer shall supply the location
and elevation of all proposed roads, fills, utilities, buildings,
stormwater management and erosion control facilities .
18 . Location of all percolation test holes, deep probe holes
and proposed well locations, if applicable .
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(22,
§402 (D) (19))
(22, §402(D)(19))
19 . Clear sight triangles and stopping sight distances for
all intersections as described in §602(E) of this Chapter shall be
shown on the plan .
20 . The location of all deciduous trees larger than three (3)
inches in caliper and evergreen trees six (6) feet or larger in
height and/or woodlands on the site and location of trees and/or
woodland to be removed .
21 . Where the preliminary plan covers only a part of an
intended larger development, a sketch plan of the future development, in a form suitable to the execution of the feasibility report
on sewer and water facilities for the unsubmitted part shall be
furnished . The street system of the plan under consideration may
be subject to review, and the submitted part will be considered in
light of adjustments and connections with future streets in the
part not submitted .
22 . In case of a preliminary plan calling for the installation of improvements beyond a five (5) year period, a schedule
delineating all proposed phases as well as deadlines within which
applications for final plan approval of each phase are intended to
be filed shall be provided .
Each phase in any residential
subdivision or land development, except for the last phase, shall
contain a minimum of twenty-five (25) percent of the total number
of dwelling units as depicted on the preliminary plan .
E.
Certificates,
Notifications and Reports .
1.
Certificates .
The following certificates shall be
provided on sheet 1 of the submitted plans :
a.
Certificate of Review by the Borough Planning
Commission (see Appendix No . 9) .
b . Certificate for approval by the Borough Council (see
Appendix No . 5) .
c . Certificate, signature and seal of the surveyor
registered in the Commonwealth of Pennsylvania to the effect
that the survey is correct (see Appendix No . 2) .
d . Certificate, signature and seal of a professional
registered in the Commonwealth of Pennsylvania and qualified
to perform such duties, to the effect that the plan is correct
e . Certificate, signature and seal of a professional
to perform such duties, indicating compliance with the
stormwater management provisions of this Chapter . (see
Appendix No . 3) .
2 .
Notifications .
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(22,
§402(E)(2),
cont'd)
(22,
§4092(E)(2),
cont'd)
a . Where the tract described in the application includes
any public utility, electric transmission line, gas pipeline
or petroleum product transmission line located within the
tract, the applicant or lessee of such right-of-way shall
notify the owner of the right-of-way of his intentions . A
note stating any conditions regarding the use of the land,
minimum building setback or right-of-way lines shall be
included on the plan . This requirement may also be satisfied
by submitting a copy of the recorded agreement .
b . Where the land included in the subject application
has an agricultural, woodland or other natural resource
easement located within the tract, the application shall be
accompanied by a letter from the party holding the easement
stating any conditions on the use of the land . This requirement may also be satisfied by submitting a copy of the
recorded easement .
3 .
Reports .
a . A hydrologic report as described by §403(D)(19) and
b . A traffic evaluation report as described in §405 of
this Chapter .
c.
Chapter .
A wetland report as described in §407
this
d . Copies of all decisions rendered by the Zoning
Hearing Board or Borough Council, as applicable, when the
proposed use is permitted by special exception or conditional
use or where a variance has been granted .
F.
Filing Fee .
The preliminary plan shall be accompanied by a
check or money order drawn to the order of the Borough in an amount
specified on the fee schedule adopted by the Borough Council .
(Ord . 282, 4/1/1997,
§402)
§403 .
Final Plans .
Final subdivision and/or final land development
plans shall be prepared by an engineer, surveyor or landscape architect
licensed to practice in the Commonwealth of Pennsylvania . The final plan
shall be accompanied by or prepared in accordance with the following :
A.
Drafting Standards .
The same standards shall be required for
a final plan as specified for a preliminary plan in §402(A) of this
Article . The plan shall be clearly and legibly drawn to a scale of ten
(10) feet, twenty (20) feet, thirty (30) feet, forty (40) feet or fifty
(50) feet to the inch .
B.
Location and Identification . The same standards shall be
required for a final plan as specified for a preliminary plan in §402 (B)
of this Article .
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(22,
§403(C))
(22, §403(C))
C.
ExistingFeatures .
a final plan as specified for a preliminary plan in §402(C) of this
Article .
D.
PlanInformation .
1.
Complete description of the centerline and right-of-way
line for all new streets,- whether public or private and alleys .
This description shall include distances and bearings with curve
segments comprised of radius, tangent, arc and chord .
2 .
Lot lines with accurate bearings and distances and lot
areas for all parcels . Curve segments shall be comprised of arc,
chord, bearings and distances . Along existing street rights-of-way
the description may utilize the existing deed lines or street
centerlines, along all proposed street rights-of-way, the description shall be prepared to the right-of-way lines .
"A",
3 . Block and lot numbers in consecutive order (e .g ., block
lots 1 through 10 ; block "B" lots 11 through 22) .
4 . The location and configuration of proposed buildings,
parking compounds, streets, alleys, driveways, recreational areas
and all other significant planned facilities shall be shown .
5 . Total number of lots, units of occupancy, density and
proposed land use . If a multiple land use is proposed, the location
of each land use shall be indicated .
6 . Easements and rights-of-way .
7 . Building setback line and building envelope .
8 . Identification of buildings to be demolished .
9 . Typical street cross-section for proposed public or
private streets and alleys and a typical cross-section for any
existing street which will be improved as part of the application .
Each cross-section shall include the entire right-of-way width .
10 . Final vertical and horizontal alignment for proposed
public or private streets and alleys, sanitary sewer and water
distribution systems . All street profiles shall show at least the
existing (natural) profile along the centerline, proposed grade at
the centerline and the length of all proposed vertical curves for
streets . All water distribution and sanitary sewer systems shall
provide manhole locations and size and type of material . This
information may be provided on separate sheets and is not subject
to recording with the final plans .
11 . Final street names .
12 . Location and material of all permanent monuments and lot
line markers, including a note that all monuments and lot markers
are set or indicating when they will be set .
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(22,
§403 (D) (13))
(22, §403(D)(13))
13 . A detailed grading plan . The grading plan shall include
finished grades and ground floor elevations . This information may
be provided on separate sheets and is not subject to recording with
the final plans .
14 . Identification of any lands to be dedicated or reserved
for public, semipublic or community use .
15 . A table indicating the existing zoning district, total
tract area, required lot size, required setbacks, required maximum
and/or minimum development density, maximum building height and
number of lots in the proposed subdivision along with the proposals
for each of these parameters .
16 . Where the proposed subdivision or land development is
located partially or wholly within an area prone to frequent
flooding (either by impoundment or conveyance) as indicated by the
flood insurance rate map (profiles), soil type or local historical
record, the applicant shall supply the location and elevation of
all proposed roads, fills, utilities, buildings, stormwater
management and erosion control facilities .
17 . In the case of a plan which requires access to a highway
under the jurisdiction of the Department of Transportation, the
inclusion of the following plan note :
"A highway occupancy permit is required pursuant to §420 of the Act
of June 1, 1945 (P .L . 1242, No . 428), known as the 'State Highway
Law', before access to a State highway is permitted . Access to the
State highway shall be as authorized by a highway occupancy permit,
and the Borough Council's approval of this plan in no way implies
that such a permit can be acquired ."
18 . A statement on the plan indicating the granting of zoning
amendment, special exception or variance, if applicable, along with
waivers or conditional use approvals granted by the Borough
Council .
19 . The following stormwater management data and plans
designed in accordance with §608 of this Chapter . This information
may be provided on a sheet with other data or on separate sheets
and need not necessarily be recorded with the final plan . The
Borough Engineer may require that drainage calculations be
submitted on computer diskette for verification . In the case of
any dispute in the methodology used in the design of any stormwater
management plan and/or in the presentation of such information, the
Board shall make the final determination on the design criteria,
methodology and form of presentation .
a.
All calculations, assumptions, criteria, and
references used in the design of stormwater management
facilities, the establishment of existing facilities capabilities, and the pre- and postdevelopment discharges .
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(22,
§403(D)(19),
cont'd)
(22, §403(D)(19), cont'd)
b.
Plans and profiles of all proposed stormwater
management
facilities including vertical and horizontal
alignment, size and type of material . This information shall
be of the quality required for the construction of all
facilities .
c . For all basins which hold two (2) acre-feet or more
of water and have an embankment that is ten (10) feet or more
in height, soil structure and characteristics shall be
provided . Plans and data shall be prepared by a registered
professional engineer . These submissions shall provide design
solutions for frost-heave potential, shrink-swell potential,
soil bearing strength, water infiltration, soil settling
characteristics, fill and back-filling procedures and soil
treatment techniques as required to protect the improvements
for adjacent structures .
d . The type, location and extent of all temporary and
permanent erosion and sedimentation control measures shall be
shown on an erosion and sedimentation control plan that
conforms to the requirements of the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of
Environmental Protection and which shall be submitted to the
Lancaster County Conservation District for review .
e . Data concerning subsoil and rock foundation conditions and the physical properties of the materials entering
into the construction of all BMPs .
f . Soil types as designated by the USDA SCS Soil Survey
of Lancaster County .
g.
Designation of limits of onsite watershed areas,
including a map which shows the offsite watershed areas .
h . A note on the plan indicating any area that is not
to be offered for dedication along with a statement that the
Borough is not responsible for maintenance of any area not
dedicated to and accepted for public use and that no alteration to swales or basins or placement of structures shall be
permitted within easements .
i . A written hydraulic report and erosion and sedimentation narrative, which includes stormwater runoff calculations for both predevelopment and postdevelopment conditions
for peak discharge and pollutant removal .
j . An erosion and sedimentation control plan narrative
that conforms to the requirements of the Soil Erosion and
Sedimentation Control Manual of the Pennsylvania Department
of Environmental Protection and provides a description of all
erosion and sedimentation control measures, temporary as well
as permanent, including the staging of earth-moving activities, sufficient in detail to clearly indicate their function .
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(22,
§403(D)(19), cont'd)
(22, §403(D)(19),
cont'd)
k . Description of an ownership and maintenance program,
in a recordable form, that clearly sets forth the ownership
and maintenance responsibilities for all temporary and
permanent stormwater management facilities, including the
following :
1) Description of the method and extent of the
maintenance requirements .
2) When maintained by a private entity, identification of an individual, corporation, association or
other entity responsible for ownership and maintenance .
3) When maintained by a private entity, a copy of
the legally binding document which provides that the
Borough shall have the right to :
a) Inspect the facilities at any time .
b) Require the private entity to take corrective measures and assign the private entity reasonable time periods for any necessary action .
c) Authorize maintenance to be done and lien
the cost of the work against the properties of the
private entity responsible for maintenance .
4) Establishment of suitable easements for access
to stormwater management facilities .
This document shall be recorded in the Lancaster County
Recorder of Deeds Office upon approval of the final plan .
1 . For all proposed detention basins and retention
basins and temporary sedimentation basins, the documentation
shall include a plotting or tabulations of storage volumes
with corresponding water surface elevations and the outflow
rates for those water surfaces .
m . For all proposed detention basins and retention
basins and temporary sediment basins, documentation shall set
forth the design hydrology and the short-cut routing method
or a method of equal caliber acceptable to the Borough
Engineer, utilized to determine the function of the basin .
20 . A complete landscape plan, prepared by a landscape
architect, showing the location, size and type of all plant
material required by provisions of the Zoning Ordinance [Chapter
27] or any other applicable Borough regulations including, but not
limited to, screening, buffer planting, parking landscaping,
replacement trees and street trees . The landscape plan should be
provided on separate sheets and must include all plans, narratives,
notes, sketches, diagrams, etc ., required by this Chapter, the
Zoning Ordinance [Chapter 27], and other applicable ordinances .
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(22,
§403 (D) (21))
(22, §403 (D) (23) )
21 . Clear sight triangles and stopping sight distances for
all intersections as described in §602 (5) of this Chapter shall be
shown on the plan .
22 . The location of all deciduous trees larger than three (3)
inches in caliper and evergreen trees six (6) feet or larger in
height and/or woodlands on the site and location of trees and/or
woodland to be removed .
23 . A detailed schedule of inspections, as generally outlined
by §505 of this Chapter, which is tailored for the site under
consideration .
24 . A tabulation of the number of parking spaces provided
indicating that the number provided complies with the Zoning
Ordinance [Chapter 27] .
E.
Certificates,
Notifications and Reports .
1 .
Certificates .
The following certificates shall be
provided on sheet 1 of the submitted plans :
a . Certificate, signature and seal of a professional
to perform such duties, to the effect that the plan is correct
b . Certificate, signature and seal of the surveyor
registered in the Commonwealth of Pennsylvania to the effect
that the survey is correct (see Appendix No . 2) .
c . Certificate, signature and seal of a professional
to perform such duties, indicating compliance with the
provisions of the stormwater provisions of this Chapter (see
Appendix No . 3) .
d . Certificate of review by the Planning Commission (see
Appendix No . 9) .
e . Certificate for approval by the Borough Council (see
Appendix No . 7) .
f . A statement duly acknowledged before an officer
authorized to take acknowledgment of deeds and signed by the
landowner, certifying that the subdivision or land development
shown on the plan is the act and the deed of the owner ; that
all those signing are all the owners of the property shown on
the survey and plan ; that they desire the same to be recorded
as such and that all streets and other property identified as
proposed public property are dedicated for public use . (see
Appendix No . 4) . This must be dated following the last change
or revision to said plan .
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22,
§403(E)(1), cont'd)
(22,
g.
Certification of review by
Commission (see Appendix No . 10) .
§403(E)(1),
the County
cont'd)
Planning
h.
A certificate to accommodate the Recorder of Deeds
information (see Appendix No . 11) .
i . A statement, duly acknowledged before an officer
authorized to take acknowledgments of deeds and signed by all
record owners of any lot to which land is to be joined by the
plan, agreeing that the conveyance is acceptable to such
landowners, that they are all of the owners of such lot and
that they desire the same to be recorded .
2 .
Notifications .
a . Notification from DEP that approval of the sewer
facility plan revision (plan revision module for land development) or supplement has been granted or notice from DEP that
such approval is not required .
b . Where the tract described in the subject application
includes any public utility, electric transmission line, gas
pipeline or petroleum product transmission line located within
the tract, the applicant or lessee of such right-of-way shall
notify the owner of the right-of-way of his intentions . A
note stating any condition regarding the use of the land,
minimum building setback or right-of-way lines shall be
included on the plan . This requirement may also be satisfied
by submitting a copy of the recorded agreement .
c . Where the land included in the' subject application
has an agricultural, woodland or other natural resource
easement located within the tract, the application shall be
accompanied by a letter from the party holding the easement
stating any conditions on the use of the land . This requirement may also be satisfied by submitting a copy of the
recorded easement .
d . Notification from the Borough and Postmaster that the
proposed street names are acceptable .
e . A note placed on the plan indicating any area that
is not to be offered for dedication, if applicable .
f . Written notice from the Borough Engineer that all
proposed improvements have been designed to the standards of
the Borough and that financial guarantees in a form suitable
to the Borough Council have been received (see Appendices No .
14 and 16 and Article V) . When the applicant posts a financial guarantee in lieu of completion of the improvements, the
final plan shall be accompanied by a completed improvement
guarantee agreement .
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(22,
§403(E)(2), cont'd)
(22,
§403(E)(2),
cont'd)
g . Such written notices of approval as required by this
Chapter, including written notices approving the water supply
systems, sanitary sewage systems and stormwater runoff to
adjacent properties .
h.
The submission of a controlling agreement in
accordance with_ §602(H) when an application proposes to
establish a street which is not offered . for dedication to
public use .
i . Notification from the appropriate State and Federal
agencies that permits have been issued, or are not required,
for any proposed activities within streams, wetlands or any
other State or Federally regulated body of water . These
permits include, but are not limited to, floodplain encroachment permits, dam safety permits, earth disturbance permits,
stream encroachment permits and general permits : When the
final plan is submitted in sections, the above notifications
for all applicable activities on the entire site, shown on the
approved preliminary plan shall be provided upon submittal of
the first final phase of the project .
j . A Pennsylvania Department of Transportation highway
occupancy permit for any stormwater management facility
proposed within the right-of-way of a State road .
k . Receipt of approvals or permits from the appropriate
agency for the erosion and sedimentation control plan .
3.
Reports .
a . A final hydrologic report as described by §403 (D) (19)
and §608 of this Chapter .
b . A traffic evaluation report as described in §406 of
this Article .
c.
Article .
A wetland report as described in §407 of this
d . Copies of all decisions rendered by the Zoning
Hearing Board or Borough Council, as applicable, when the
proposed use is permitted by special exception or conditional
use or where a variance has been granted .
F . Filinq Fee . The final plan shall be accompanied by a check or
money order drawn to the order of the Borough in an amount specified on
the fee schedule adopted by the Borough Council .
(Ord .
282, 4/1/1997,
§403)
§404 .Lot Add-On Plans .
Lot add-on plans shall be prepared by a
qualified person and shall include the following information :
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(22,
(22,
§404(A))
§404(A))
DraftingStandards .
A.
a lot add-on plan as specified for a preliminary plan in §402 (A) of this
.Article .
Location and Identification .
The same standards shall be
B.
required for a lot add-on plan as specified for a preliminary plan in
§402(B) of this Article .
C.
Existing Features .
a lot add-on plan as specified for a preliminary plan in §402 (C) of this
Article .
D.
Plan Information .
The same standards shall be required for a
lot add-on plan as specified for a final plan in §403(D) of this
Article .
E . Certificates . The following certificates shall be provided on
sheet 1 of the submitted plans .
1 . Certificate, signature and seal of a surveyor registered
in the Commonwealth of Pennsylvania to the effect that the survey
is correct (see Appendix 2) .
2.
Certificate for approval by the Borough Council(see
Appendix No . 8) .
3 . A statement, duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the landowner,
to the effect that the subdivision or land development shown on the
plan is the act and the deed of the owner, that all those signing
are all the owners of the property shown on the survey and plan and
that they desire the same to be recorded as such (See Appendix No .
4) .
4 . Certification of review by the County Planning Commission
A certificate to accommodate the Recorder of Deeds
5 .
information (see Appendix No . 11) .
Filing Fee .
The plan shall also be accompanied by a check or
F.
money order drawn to the Borough in an amount specified on the fee
schedule adopted by the Borough Council .
(Ord . 282,
§405 .
4/1/1997, §404)
Land Disturbance Plans .
A . Plan Contents-Minor Land Disturbance .
plan shall include a general plan of :
The minor land disturbance
1 . Lot configuration .
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(22,
§405 (A) (2))
(22, §405 (A) (2) )
2 . Existing and proposed building location .
3 . Grading .
4 . Stormwater management facilities .
5 . Erosion and sedimentation control facilities .
Refer to Appendix 35 of this Chapter for a sample minor land disturbance
.
This plan is intended to demonstrate the level of effort required to
plan
be included on a minor land disturbance plan application .
Although the plan need not demonstrate literal compliance with all
provisions of plan requirements within §405(2) below and the design standards
of Article VI, the plan must demonstrate that the proposed activity will
comply with the intent of this Chapter as outlined within Article I .
The Borough may require additional information or invoke any Section of
this Chapter deemed necessary to adequately demonstrate compliance with the
intent of this Chapter . The requirements of the Borough's representative may
be appealed to the Borough Council in accordance with §1001 of this Chapter .
Plan Contents - Major Land Disturbance .
B.
The following items shall
be included as part of the stormwater management plan :
1 . The following general information :
a.
Proposed name or identifying title of the project .
b . Name and address of the landowner and developer of the
project site .
c . Total acreage of the project site and the tract of land
on which the project site is located .
d . Plan date, date of latest revision, north point, graphic
scale and written scale . All plans shall be drawn at a common
engineering scale .
e . A location map, for the purpose of locating the project
site to be developed, at a minimum scale of two thousand (2,000)
feet to the inch, showing the relation of the tract to adjoining
property and to all streets and Borough boundaries existing within
one thousand (1, 000) feet of any part of the tract of land on which
the project site is proposed to be developed .
f . A note on the plan indicating any area that is not to be
offered for dedication along with a statement that the Borough is
not responsible for maintenance of any area not dedicated to and
accepted for public use and that no alteration to swales or basins
or placement of structures shall be permitted within easements .
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(22,
§405(B)(1),
cont'd)
(22,
§405(B)(1),
cont'd)
g . Certificate, signed and sealed by an individual registered
in the Commonwealth of Pennsylvania and qualified to perform such
duties, indicating compliance with the provisions of this Chapter .
See form of certificate in Appendix No . 33 .
h . The following certificates when the application is not in
conjunction with the submittal of a subdivision and/or land
development plan :
(1) Certificate for approval by Borough Council . See
form of certificate in Appendix No . 30 .
(2)
Certificate for review by the Borough Planning
Commission . See form of certificate in Appendix No . 31 .
(3) Certificate for review by the Borough Engineer, if
required by Borough Council . See form of certificate in
Appendix No . 32 .
2 . The Following Existing Features :
a . Tract boundaries showing distances, bearings and curve
data, as located by field survey or by deed plotting .
b.
Existing Topographical Data .
This information shall be
provided by field survey of contour lines . Contour lines shall be
provided at two (2) foot vertical intervals for slopes of four (4)
percent or less and at vertical intervals of five (5) feet for more
steeply sloping land . Additionally, the benchmark and the datum
used shall also be indicated .
c . The names of all owners of all immediately adjacent land,
the names of all proposed or existing developments immediately
adjacent and the locations and dimensions of any streets or
easements shown thereon .
d . The names, locations and dimensions of all existing
streets, railroads, watercourses, drainage facilities, floodplains
and other significant features within two hundred (200) feet of any
part of the tract proposed to be developed and the location of all
buildings and approximate location of all tree masses within the
tract .
e . Soil types as designated by the USDA SCS Soil Survey of
Lancaster County .
f . Designation of limits of onsite watershed areas, including
a map which shows the offsite watershed areas .
3 .
The Following Proposed Features :
a . The proposed land use, the number of lots and dwelling
units and the extent of commercial, industrial or other nonresidential uses .
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(22, §405(B)(3), cont'd)
(22, §405 (B) (3) , cont'd)
b . The locations and dimensions of all proposed streets,
parks, playgrounds, and other public areas, sewer and water facilities, lot lines and building locations and parking compounds and
other impervious and semipervious surfaces .
c . The proposed changes to land surface and vegetative cover
including areas to be cut or filled .
d . Proposed topographical data . This information shall be
provided by contour lines . Contour lines shall be provided at two
(2) foot vertical intervals for slopes of four (4) percent or less
and at vertical intervals of five (5) feet for more steeply sloping
land .
e . Plans and profiles of all proposed stormwater management
facilities including vertical and horizontal alignment, size and
type of material . This information shall be of the quality
required for the construction of all facilities .
f . For all basins which hold two (2) acre-feet or more of
water and have an embankment that is six (6) feet or more in
height, soil structure and characteristics shall be provided .
Plans and data shall be prepared by a registered professional
engineer . These submissions shall provide design solutions for
frost-heave potential, shrink-swell potential, soil bearing
strength, water infiltration, soil settling characteristics, fill
and back-filling procedures and soil treatment techniques as
required to protect the improvements for adjacent structures .
g . The type, location and extent of all temporary and
permanent erosion and sedimentation control measures shall be shown
on an erosion and sedimentation control plan that conforms to the
requirements of the Soil Erosion and Sedimentation Control Manual
of the Pennsylvania Department of Environmental Protection and
which shall be submitted to the Lancaster Conservation District for
review .
h . Data concerning subsoil and rock foundation conditions and
the physical properties of the materials entering into the
construction of all BMPs .
4.
Written hydraulic report and erosion and sedimentation
narrative including or prepared in accordance with the following :
a . Stormwater runoff calculations for both predevelopment and
postdevelopment conditions for peak discharge and pollutant
removal .
b . An erosion and sedimentation control plan narrative that
conforms to the requirements of the Soil Erosion and Sedimentation
Control Manual of the Pennsylvania Department of Environmental
Protection and provides a description of all erosion and sedimentation control measures, temporary as well as permanent, including
the staging of earth-moving activities, sufficient in detail to
clearly indicate their function .
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(22,
(22,
§405(B)(4), cont'd)
§405(b)(4),
cont'd)
c.
Description of an ownership and maintenance program, in
a recordable form, that clearly sets forth the ownership and
maintenance responsibilities for all temporary and permanent stormwater management facilities, including the following :
(1)
Description of the method and extent of the
maintenance requirements .
(2) When maintained by a private entity, identification
of an individual, corporation, association or other entity
responsible for ownership and maintenance .
(3) When maintained by a private entity, a copy of the
legally binding document which provides that the Borough shall
have the right to :
(a) Inspect the facilities at any time .
(b) Require the private entity to take corrective
measures and assign the private entity reasonable time
periods for any necessary action .
(c) Authorize maintenance to be done and lien the
cost of the work against the properties of the private
entity responsible for maintenance .
(4) Establishment of suitable easements for access to
stormwater management facilities . This document shall be
recorded by the Borough in the Lancaster County Recorder of
Deeds Office upon issuance of a permit .
(d) For all proposed detention basins and retention
basins and temporary sedimentation basins, the documentation
shall include a plotting or tabulations of storage volumes
with corresponding water surface elevations and the outflow
rates for those water surfaces .
(e) For all proposed detention basins and retention
basins and temporary sediment basins, documentation shall set
forth the design hydrology and the short-cut routing method
or a method of equal caliber acceptable to the Borough
Engineer, utilized to determine the function of the basin .
(f) A Pennsylvania Department of Transportation Highway
Occupancy Permit for any stormwater management facility
proposed within the right-of-way of a State road .
(g) Receipt of appropriate State and Federal permits for
all activities in or along any bodies of water, waters of the
U .S . or wetlands .
(h) Receipt of approvals or permits from the appropriate
agency for the erosion and sedimentation control plan .
(Ord . 282, 4/1/1997, §405)
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§406 .Traffic Evaluation Study .
All residential developments or
subdivisions containing twenty (20) or more dwelling units and all nonresidential subdivisions or developments (with the exception of agricultural
development) with buildings containing in excess of ten thousand (10,000)
square feet of space shall provide studies and reports in accordance with the
requirements of this Section . All applicants with developments which do not
meet the above stated criteria shall submit the information required in
§406(C)(4) .
A . Borough Council recognizes that development of land within the
Borough presents both benefits and challenges .
Each development
displays unique circumstances . Without proper information, neither a
developer nor the Borough may gauge the actual effect of a development
upon the surrounding area, including the existing road network and how
the surrounding area and existing road network may affect safe and
convenient access to or use of the lot to be developed . Such information is vital to enable developments to be designed in a manner which
will insure adequate, safe and convenient access and prevent adverse
consequences to neighboring properties or existing public facilities .
Section 503(2) (i) of the Municipalities Planning Code -expressly
authorizes the Borough to includeprovisions within this Chapter to
insure that the layout and arrangement of development shall conform to
the Borough Comprehensive Plan and to any regulations or maps adopted
to implement the Borough Comprehensive Plan . Municipalities Planning
Code Section 503 (2) (ii) further authorizes the Borough to include in
this Chapter provisions to insure that streets in and bordering a
proposed development shall be coordinated and shall be of such widths
and grades and in such locations as are necessary to accommodate
prospective traffic and facilitate fire protection . It is the legislative intent of Borough Council to require developers to prepare a
traffic study to determine whether adequate, safe and convenient access
is available to the development site and, if not, what improvements must
be made by the developer to provide such adequate, safe and convenient
access . It is the further intent of Borough Council to insure that the
internal traffic system of the development is designed in a manner which
will not adversely impact or unduly burden the existing transportation
network, access to adjoining properties or planned improvements .
B . The applicant is responsible for assessing the traffic impacts
associated with a proposed development which meets any condition set
forth above . The Borough will review the applicant's assessment and
supply available data upon request to aid the applicant in preparing the
study . The applicant shall be responsible for all data collection
efforts required in preparing a traffic impact study including peak
period turning movement counts . In addition, the applicant is responsible for ensuring that any submitted development plans meet the minimum
State and local standards for geometric design . The study shall be
conducted only by a professional engineer that has verifiable experience
in traffic engineering . Upon submission of a draft study, the Borough
may review the data sources, methods and findings and provide comments
in written form . The applicant will then have the opportunity to
incorporate necessary revisions prior to submitting a final study .
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(22,
§406(C))
(22, §406(C))
C . TrafficImpact Study Contents . A traffic impact study prepared
for a specific site development proposal shall follow the basic format
shown below . Additions or modifications should be made for a specific
site, when appropriate . This basic format allows for a comprehensive
understanding of the existing site, future conditions without the proposed use and the impacts associated with the proposed development plan .
Following is a brief narrative for each section of a traffic impact
study .
Introduction .
1.
This Section identifies the land use and
transportation setting for the site and its surrounding area .
a . Site and Study Area Boundaries . A brief description
of the size of the land parcel, general terrain features,
legal right-of-way lines of the highway and the location
within the jurisdiction and the region should be included in
this Section . In addition, the roadways that afford access
to the site and are included in the study area should be
identified . The exact limits of the study area should be
based on engineering judgment and an understanding of existing
traffic conditions at the site . In all instances, however,
the study limits must be mutually agreed upon by the developer, its engineer and the Borough .
b.
Site Description .
This Section should contain a
brief narrative which describes the proposed development in
terms of its function, size and near and long term growth
potential . This description should be supplemented by a
sketch which clearly shows the proposed development within the
site boundaries, its internal traffic circulation pattern and
the location and orientation of its proposed access points .
c.
Existinq and Proposed Site Uses .
The existing and
proposed uses of the site should be identified in terms of the
various zoning categories in the jurisdiction . In addition,
identify the specific use on which the request is made since
a number of uses may be permitted under the existing ordinances .
d.
Existinq and Proposed Nearby Uses .
Include a
complete description of the existing land uses in the vicinity
of the site as well as their current zoning . The applicant
should also state the proposed uses for adjacent land, if
known . This latter item is especially important where large
tracts of underdeveloped land are in the vicinity of the site
and within the prescribed study area .
e.
Existinq and Proposed Roadways and Intersections .
Within the study area, describe existing roadways and intersections (geometrics and traffic signal control) as well as
improvements contemplated by government agencies .
f.
Existing accident data, including all reported
accidents within the previous five (5) years .
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(22, §406 (C) (2))
(22, §406(C)(2))
2 . Analysis of Existing Conditions .
This Section describes
the results of the volume/capacity analysis to be completed for the
roadways and intersections in the vicinity of the site under
existing conditions as well as any data collection efforts that are
required .
a.
Daily and Peak Hour(s) Traffic Volumes .
Where the
proposed use is anticipated to impact weekend traffic volumes,
weekend daily and peak hour(s) traffic volumes shall also be
analyzed . Provide schematic diagrams depicting daily and peak
hour(s) traffic volumes for roadways within the study area .
Turning movement and mainline volumes are to be presented for
the three (3) peak hour conditions (a .m ., p .m . and site
generated) while only mainline volumes are required to reflect
daily traffic volumes . Include the source and/or method of
computation for all traffic volumes .
b.
Volume/Capacity Analyses at Critical
Points .
Utilizing techniques described in the highway capacity manual
or derivative nomographs include an assessment of the relative
balance between roadway volumes and capacity . Perform the
analysis for existing conditions (roadway geometry and traffic
signal control) for the appropriate peak hours .
c.
Level of Service at Critical Points .
Based on the
results obtained in the previous Section, levels of service
((A) through (F)) are to be computed and presented . This
Section should also include a description of typical operating
conditions at each level of service .
3 .
Analysis of Future Conditions Without Development .
This
Section describes the anticipated traffic volumes in the future and
the ability of the roadway network to accommodate this traffic
without the proposed zoning or subdivision request . The future
year(s) for which projections are made will be specified by the
Borough and will be dependent on the timing of the proposed
development .
a . Daily and peak hour(s) traffic volume, including
weekend traffic volumes, where relevant . Clearly indicate the
method and assumptions used to forecast future traffic volumes
in order that the Borough can duplicate these calculations .
The schematic diagrams depicting future traffic volumes will
be similar to those described in subsection(2) (a) in terms of
locations and times (daily and peak hours) .
b . Volume/Capacity Analyses at Critical Locations .
Describe the ability of the existing roadway system to
accommodate future traffic (without site development) . If
roadway improvements or modifications are committed for
implementation, present the volume/capacity analysis for these
conditions .
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(22, §406(C)(3), cont'd)
(22,
§406(C)(3),
cont'd)
(c) LevelsofServiceat CriticalPoints . Based on the
results obtained in the previous Section, determine levels of
service ((a) through (f)) .
4 . Trip Generation . Identify the amount of traffic generated
by the site for daily and the three (3) peak conditions . Trip
generation shall be based on published trip rates in the
latest revision of Trip Generation, Institute of Transportation
Engineers .
5 . Trip Distribution . Identify the direction of approach for
site generated traffic for the appropriate time periods . As with
all technical analysis steps, the basic method and assumptions used
in this work must be clearly stated in order that the Borough can
replicate these results .
6.
Traffic Assignment .
Describe the utilization of study
area roadways by site generated traffic . The proposed traffic
volumes should then be combined with anticipated traffic volumes
from subsection (3) to describe mainline and turning movement
volumes for future conditions with the site developed as the
applicant proposes .
7.
Analysis of Future Conditions With Development .
This
Section describes the adequacy of the roadway system to accommodate
future traffic with development of the site .
a . Daily and peak hour(s) traffic volumes, including
weekend traffic volumes, where relevant . Provide mainline and
turning movement volumes for the highway network in the study
area as well as driveways and internal circulation roadways
for the appropriate time periods .
b . Volume/Capacity Analyses at Critical Points . Perform
a volume/capacity analysis for the appropriate peak hours for
future conditions with the site developed as proposed, similar
to subsections (2) (b) and (3)(b) .
c . Levels of Service at Critical Points . As a result
of the volume/capacity analysis, compute and describe the
level of service on the study area roadway system .
d . Final design must address both traffic flow and
traffic safety considerations to provide safe operational
characteristics .
8 . Recommended Improvements . In the event that the analysis
indicates unsatisfactory levels of service will occur on study area
roadways, a description of proposed improvements to remedy
deficiencies should be included in this section . These proposals
would not include committed projects by the State and local
jurisdictions which were described in subsection (1) and reflected
in the analysis contained in subsections (2) and (3) .
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(22,
§406(C)(8),
cont'd)
(22,
§406(C)(8),
cont'd)
a.
ProposedRecommended Improvements .
Describe the
location, nature and extent of proposed improvements to assure
sufficient roadway capacity .
Accompanying this list of
improvements are preliminary cost estimates, sources of
funding, timing and likelihood of implementation .
b . Volume/Capacity Analyses at Critical Points . Another
iteration of the volume/capacity analysis will be described
which demonstrates the anticipated results of making these
improvements .
c .
Levels of Service at Critical Points .
As a result
of the revised volume/capacity analysis presented in the
previous section, present levels of service for the highway
system with improvements .
9.
Conclusion .
The last section of the report should be a
clear concise description of the study findings . This concluding
section should serve as an executive summary .
(Ord .
282, 4/1/1997,
§407 .
§406)
Wetlands Study .
A . The applicant shall submit a wetland study in duplicate with the
submittal of all subdivision, land development, and major . land disturbance
plans . The purpose of the study shall be to determine the presence and
extent of wetlands on the site . A wetlands study is not required for lot
add-on plans, resubdivisions, and other plans covering minor changes in
boundary lines and not proposing any new land disturbance activity .
B . The study shall be performed by a qualified wetland scientist .
Qualified individuals should possess a minimum -of a bachelor's degree in
biology, botany, zoology, ecology or environmental sciences . In general,
other professionals, such as engineers, landscape architects, surveyors,
planners and geologist are not considered fully qualified to perform wetland
delineations, unless they possess special ecological training and experience
beyond their discipline . The Borough reserves the right, in as much as no
recognized certification program exists for wetland scientists, to determine
the qualification of those preparing wetland delineations . Should a State or
Federal wetland scientist certification program be established, the Borough
will consider only those certified individuals qualified to perform
delineations .
C.
Requirements for Wetland Studies :
1 . Delineations should follow the procedures outlined in the 1989
Federal Manual for Identifying and Delineating Jurisdictional Wetlands
and any subsequent amendments .
2 .
Delineations Shall be Supported by Reports .
contain the following sections :
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The report shall
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(22,
§407(C)(2)
cont'd)
(22,
§407(C)(2),
cont'd)
a . Introduction . Description of the physical features of the
site, its location and the proposed plans for the site .
b . Methods . Description of the methods used for the survey,
with particular emphasis on any deviation from the outlined Federal
method .
Relevant information includes the date of the field
studies, the number of transacts and plots used, the size of
vegetation quadrants employed, the size of soil pits used,
taxonomic references used and the disposition of any voucher
specimens .
c.
Results and Discussion .
Description of the findings of
the study . Soils, vegetation and hydrology for wetland and upland
areas of the site should be discussed . Any problem areas should
be thoroughly treated .
d.
Conclusions .
The extent of wetlands on the site should
be discussed . The impact of the proposed project on these wetlands
should also be considered .
3 . Included in the report as appendices or tables should be :
a . Site location map (USGS 7 .5' quadrangle will suffice) .
b . NWI map .
c . Soil survey map with soil descriptions .
d . Data sheets for each plot .,
Wetland Boundary Map .
Wetland boundaries shall be
e.
surveyed by a registered professional surveyor and shown on a plan
of appropriate scale . The limits of the wetland study shall be
clearly shown . The plan shall also show the location of all plots
and/or transacts used in the study, the date of the delineation,
a statement of the method used for the study ; the name of the
consulting firm which performed the delineation, the name of the
surveyor and a disclaimer statement indicating no wetland boundary
is considered jurisdictional until approved by DEP and COE .
f . Color photos of wetlands areas on the site, with locations
and directions of view keyed to the wetland boundary map .
g.
Resumes of the wetland scientist(s) who performed the
delineation .
D . For sites on which no wetlands occur, an abbreviated report may be
submitted . The abbreviated report should contain the introductory material,
the methods section and a discussion of the result of the study . Site
location, NWI and soil maps should also be provided .
E . All subdivision
The wetland boundary on
contains wetlands, or to
have a note which states
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plans shall contain notes for future lot owners .
each lot will be clearly marked . Each lot which
which access may be restricted by wetlands, shall
State and Federal laws require permits for all
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(22,
§407(E), cont'd)
(22,
§407(E),
cont'd)
activities which result in a deposition of fill into delineated wetlands .
The note shall also state that refusal of such a permit may restrict some
uses of all or portions of the lot . Where no wetlands are present, a note to
that effect shall be placed on the plan .
F . Compensatory mitigation projects required as part of State or
Federal permits shall be shown on the subdivision plans . Future lot owners
whose property encompasses all or part of a mitigation area shall be notified
that the portion of their property which includes the mitigation area may not
be altered and is considered a jurisdictional wetland by the State and
Federal governments . Lot owners may be responsible for maintenance of
mitigation areas . In order to help ensure the long-term viability of wetland
mitigation efforts, the Borough discourages multiple ownership of mitigation
areas . Ownership by one (1) individual or a homeowners association is
encouraged .
Owners of the wetland mitigation areas must be clearly
identified to the Borough .
G . The Borough reserves the right to reject any submitted wetland
delineations . Should the Borough feel the actual wetland area differs from
that shown on the subdivision plan, the Borough has the right to secure, at
the developer's expense, qualified personnel to check the delineation and
redraw the boundary as necessary . Should the developer subsequently disagree
with the Borough's delineation, a jurisdictional delineation by DEP and COE
will be requested . Any charges for the jurisdictional delineation will be
the responsibility of the developer .
H . Where the study shows the existence of wetland areas, the delineated
boundary shall be properly fenced off to prevent encroachment . Snow fence or
other acceptable material shall be used (the use of silt fence is not
acceptable) . The fence shall be properly installed, at a minimum distance of
five (5) feet outside the delineated boundary, prior to any construction or
issuance of building permits . The fence must be properly maintained until
all occupancy permits have been issued and/or for the extent of all
construction . The applicant shall obtain any necessary Zoning Hearing Board
approvals for fence within the floodplain .
(Ord . 282, 4/1/1997, §407)
§408 . Feasibility Report on Sewer and Water Facilities .
A . The applicant shall submit a feasibility report for all proposed
subdivision and land development plans, in triplicate, concerning the
availability of a public sewer and public water system in or near the
proposed subdivision or land development . Said report shall be prepared by a
registered professional engineer . Said report(s) shall be completed in
accordance with §610 of this Chapter .
B . The feasibility report shall examine possible connection to the
existing public sewer systems and public water systems . Information included
in the report shall be as follows :
1.
Sewer .
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(22,
§408(B)(1), cont'd)
(22, §408(B)(1),
cont'd)
a.
Connection to public sewer is required if a proposed
subdivision or land development is within one thousand feet (1,000
ft) of an existing public sewer system .
b . If there are no connections available within one thousand
(1,000) feet of the proposed subdivision or land development, the
distance from the project to the nearest point in the public sewer
system shall be shown .
c . Certification from the public sewer utility provider that
capacity exists to accommodate the needs of the proposed subdivision or land development if connection to the public sewer system
is proposed .
2.
Water .
a . Connection to public water is required if a proposed
subdivision or land development is within one thousand feet (1, 000)
of an existing public water system .
b . If there are no connection points available within one
thousand (1,000) feet of the proposed subdivision or land development, the distance from the project to the nearest point in the
public water system shall be shown .
c . An analysis of the capacity of that public water system
to supply the water needs of the subdivision or land development .
The capacity of such public water system will be deemed adequate
only if it is determined to be able to supply three hundred fifty
(350) gallons of potable water per dwelling unit per day and
provide adequate fire protection ability 'in accordance with
Insurance Services Office (ISO) standards .
d . Certification from the public-water system provider that
capacity exists to accommodate the needs of the proposed subdivision or land development .
C . As a part of the feasibility study, the applicant shall state the
type of sewage disposal desired for each of the proposed lots . If other than
connection to a public sewer system or the installation of a conventional
onsite sewage disposal system is intended on any of the lots, that fact shall
be indicated on the plan itself . The Board will permit onlot sewage disposal
systems only when approved by DEP .
D . If connection to an existing public water system is proposed, the
subdivider or developer shall submit an agreement committing the public water
system to provide such water as will be utilized by the subdivision or land
development for such period of time and under such terms and conditions as
the public water system provides water service elsewhere in its service area .
E . If the water supply system proposed involves the utilization of
water obtained from the tract being subdivided or developed (irrespective of
whether that water is being distributed as a part of a community water supply
system), that water supply source may be utilized only if approved by DEP .
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(22,
§408(F))
(22,
§408(F))
F.
If community sewer and/or water systems are proposed, these systems
shall be in compliance with the regulations of DEP .
(Ord . 282,
4/1/1997, §408)
Phase I Environmental Site'Assessment (PESA) .
§409 .
When required by
the Borough, the applicant shall submit a PESA in duplicate with the
submittal of the subdivision and land development applications . The purpose
of the PESA shall be to identify current and historical items associated with
the property which may constitute a threat to the environment .
The
assessment must include, but need not be limited to :
A . A detailed site visit conducted by personnel with proper OSHA
health and safety training, including site reconnaissance, interview
with knowledgeable sources and an investigation of surrounding properties, in order to identify the following :
1.
Storage, utilization of agricultural herbicides/
pesticides or waste at the site or surrounding properties .
2 . Presence of underground or above ground storage tanks, or
other containers, for fuel or agricultural chemical storage .
3 . The possible location and orientation of any underground
petroleum pipelines which may come into contact with the site .
4 . The possible location of onsite fill areas which, because
of the deposited material, may pose limitations for structural
and/or nonstructural development .
B . A deeds of record search and review of Adamstown Borough
records in order to identify previous land owners and site operations
that could adversely affect the property . Historical aerial photographs
must be procured and reviewed in order to identify past onsite or
off site indicators of environmental impacts (e .g ., lagoons, trash site,
etc .) . The review of tax records and maps in order to identify owners
and respective land uses of surrounding properties .
C . A review of the Pennsylvania Department of Environmental
Protection (DEP) files in order to ascertain whether or not any notices
of violation have been issued to the site or nearby properties . In
addition, the United States Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation, and Liability System
(CERCLIS) list of potential hazardous waste sites in Pennsylvania and
the National Priorities List must be reviewed in order to identify
nearby existing or potential national Superfund sites . The Lancaster
County Fire Marshall must be contacted to determine if historical items
associated with the site could pose a potential threat to the environment .
By including this PESA requirement, Adamstown Borough makes no representation, expressed or implied, that the PESA, as defined above, will in any way,
directly or indirectly, absolve or limited the developer/land owner from
liability pursuant to the Comprehensive Environmental Response,
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(22,
§409, cont'd)
(22, §409,
cont'd)
Compensation and Liability Act of 1980 (CERCLA, or Superfund Act), the
Superfund Amendment and Reauthorization Act of 1986 (SARA), or any other
applicable Federal, State, County and local statute, rule or regulation
heretofore or hereafter promulgated .
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(22,
§501)
(22,
§501)
ARTICLE V
CONSTRUCTION OF REQUIRED IMPROVEMENTS AND DEDICATION
§501 .
Completion of Improvements or Guarantee Thereof Prerequisite to
Final Plan Approval .
A . No plan shall be finally approved unless the streets shown on such
plan have been improved as may be required by this Chapter and any walkways,
curbs, gutters, street lights, fire hydrants, shade trees, water mains,
sanitary sewers, storm drains, stormwater management facilities or other
improvements as may be required by this Chapter have been installed in
accordance with this Chapter, except that the surface course of streets shall
not be completed until such time as ninety (90) percent of the lots in the
subdivision or land development have been improved by the construction of a
residential dwelling, commercial structure or industrial structure . For the
purpose of this Article, an improved lot shall be considered completed when
all building construction and site improvements are finished to the point
that in the opinion of the Borough, a certificate of occupancy could be
issued . In lieu of completion of the surface course of streets as well as in
lieu of completion of other improvements required as a condition for final
plan approval of a plan, at the discretion of the developer, such developer
may deposit with the Borough a letter of credit or other financial security
authorized by the Municipalities Planning Code and acceptable to the Borough
Council in an amount equal to one hundred ten (110) percent of the estimated
cost of the required improvements at a time ninety (90) days following the
date scheduled for completion of the respective improvements by the
developer . The estimated cost of the surface course shall be computed
separately from the estimated cost of completing the other improvements and
shall be based upon the developer's projected timetable for completion of the
development .
B . The amount of financial security required by the Borough shall be
based upon an estimate of the cost of the improvements, submitted by a
developer and prepared by a professional engineer licensed as such in this
Commonwealth and certified by such engineer to be a fair and reasonable
estimate of such cost . The Borough, upon the recommendation of the Borough
Engineer, may refuse to accept such estimate for good cause shown . If the
developer and the Borough are unable to agree upon an estimate, then the
estimate shall be recalculated and recertified by another professional
engineer licensed as such in this Commonwealth and chosen mutually by the
Borough and the developer . The estimate certified by the third engineer
shall be presumed fair and reasonable and shall be the final estimate . In
the event that a third engineer is so chosen, fees for the services of said
engineer shall be paid equally by the Borough and the developer .
C . Annually the Borough may adjust the amount of required financial
security by redetermining the estimated cost for completion of the uncompleted improvements as of the expiration of the ninetieth (90th) day after either
date scheduled for completion or a rescheduled date of completion . Subsequent
to said adjustment, the Borough may require the developer to post additional
security in order to insure that the financial security equals one hundred
ten (110) percent of the estimated cost of the Borough completing the
improvements at a time ninety (90) days following the date scheduled for
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(22,
§501(C), cont'd)
(22,
§502(C), cont'd)
completion or alternatively reduce the required security so that it equals
such amount . Any additional security shall be posted by the developer within
thirty (30) days after being notified of the same . The amount of financial
security required by the Borough shall be computed in accordance with the
Borough's rules and regulations .
D . As the work of installing the required improvements proceeds, the
party posting the financial security may request the Borough to release or
authorize the release from time to time, such portions of the financial
security necessary for the payment to the contractor or contractors
performing the work . Any such request shall be in writing addressed to the
Borough Council, and the Borough Council shall have forty-five (45) days from
the receipt of such request to allow the Borough Engineer to certify, in
writing, to the Borough Council that such portion of the work has been
completed in accordance with the approved plan . Upon such certification, the
Borough Council shall authorize release from the required financial security
of an amount as estimated by the Borough Engineer as representing - the value
of the work completed .
E . The value of the work completed shall be determined by subtracting
one hundred ten (110) percent of the estimated cost of the completion of the
remaining uncompleted work from the total amount of security deposited .
F . At such time as ninety (90) percent of the lots in the subdivision
have been improved as set forth above, or if at the expiration of three (3)
years from the date all of the improvements excepting the surface course has
been completed, less than ninety (90) percent of the lots have been so
improved, the Borough may notify the developer to complete the surface course
within sixty (60) days from the date of such notice . In computing the sixty
(60) day requirement, the period from October 1 to April 1 shall . not be
counted .
G . If at the time the surface course is completed, ninety (90) percent
of the lots are not improved as set forth above,'the developer must :
1 . Post with the Borough financial security in 'an amount equal to
fifteen (15) percent of the reasonable cost of the surface course as
security to guarantee that damages to the road or street will not occur
during the completion of the improvements on the unimproved lots in such
developer's subdivision or land development . The Borough shall hold such
financial security and utilize it to pay for the repair of any damage
occurring to the road during the period between the commencement of
improvements on any particular unimproved lot and the completion of such
improvements irrespective of whether or not it can be established that
the damage to the road was caused by contractors or other persons
working in and about the construction of such improvements . The
financial security shall be in a form acceptable to the Borough .
H . In lieu of the developer installing the surface wearing course, at
the B .orough's discretion, the developer may be required to provide the
Borough with one hundred ten (110) percent of the estimated cost of the
surface wearing course installation . The Borough would then be responsible
for purchasing and installing the surface wearing course . Prior to the
Borough installing the surface wearing course, the Borough will conduct an
inspection of the development and inform the developer of any defects or
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(22, §501(H), cont'd)
(22, §501(H),
cont'd)
deficiencies which must be corrected prior to installing the surface wearing
course . The responsibility and cost for all such corrections shall be borne
by the developer . If the Borough's actual costs for installation of the
surface wearing course exceed one hundred ten (110) percent of the estimated
installation costs, the developer will be responsible to reimburse the
Borough for the amount over one hundred ten (110) percent of the estimated
cost . Should the actual installed costs be less than one hundred ten (110)
percent of the estimated costs, the Borough shall reimburse the developer for
the overage amount .
(Ord . 282, 4/1/1997, §501)
§502 .Effect of Plan Recordinq on Dedication and Reservations .
Recording of the final plan after approval of the Borough Council has the
effect of an irrevocable offer to :
Dedicate all streets and other public ways to public use,
1.
unless such streets are indicated on said plan as private streets .
2 . Dedicate all neighborhood parks and all areas shown on the plan
as being local recreation sites to public use .
(Ord . 282, 4/1/1997, §502)
§503 . Release from Financial Security .
A . When the developer has completed all of the improvements as shown
on the final plans, the developer shall notify the Borough Council, in
writing, by certified or registered mail, of the completion of the aforesaid
improvements, enclosing therewith certification by the engineer responsible
for the design of the improvements that they have been installed as designed,
and shall send copies of the notice and certification to the Borough
Engineer . The Borough Council shall, within ten (10) days after receipt of
such notice, direct and authorize the Borough Engineer to*inspect all of the
aforesaid improvements . The Borough Engineer shall thereupon file a report,
in writing, with the Borough Council and shall promptly mail a copy of the
same to the developer by certified or registered mail . The report shall be
made and mailed within thirty (30) days after receipt by the Borough Engineer
of the aforesaid authorization from the Borough Council, said report shall be
detailed and shall indicate approval or rejection of said improvements,
either in whole or in part, and if said improvements or any portion thereof
shall not be approved or shall be rejected by the Borough Engineer, said
report shall contain a statement of the reasons for such nonapproval or
rejection .
Improvements shall not be considered completed unless the
developer can demonstrate compliance with the requirements of this Chapter,
and all other applicable ordinances, statutes and regulations . Improvements
shall also not be considered complete until as-built plans of all improvements to be dedicated to the Borough and of all streets, whether or not such
streets shall be dedicated, have been submitted to the Borough .
B . The Borough Council shall notify the developer within fifteen (15)
days of receipt of the engineer's report, in writing by certified or
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(22,
§503(B), cont'd)
(22,
§503(B), cont'd)
registered - mail, of its action with relation thereto . If the Borough Council
or Borough Engineer fails to comply with the time limitation provisions
contained herein, or such time limitations as contained in the Municipalities
Planning Code, whichever requirements shall contain a longer time period for
action by the Borough, all improvements will be deemed to have been approved
and the developer's posted financial security shall be released .
C . If any portion of the said improvements shall not be approved or
shall be rejected by the Borough Council, the developer shall proceed to
complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed .
D . Nothing herein, however, shall be construed in limitation . of the
developer's right to contest or question by legal proceedings or otherwise
any determination of the Borough Council or Borough Engineer .
(Ord . 282, 4/1/1997, §503)
§504 . Remedies to Effect Completion of Improvements . In the event that
any improvements which may be required have not been installed as provided in
this Chapter or in accordance with the approved final plan, the Borough
Council may enforce any letter of credit or other financial security by
appropriate legal and equitable remedies . If proceeds of such financial
security are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the Borough
Council may, at its option, install such improvements in all or part of the
subdivision or land development and may institute appropriate legal or
equitable action or recover the monies necessary to complete the remainder of
the improvements . All the proceeds, after deducting the costs of collection,
whether resulting from the financial security or from any legal or equitable
action brought against the developer or both, shall be used solely for the
installation of the improvements covered by such security, and not for any
other Borough purpose .
(Ord . 282, 4/1/1997, §504)
§505 . Inspection During Construction, .
The Borough shall inspect the
improvements during construction . The developer shall pay the cost of any
such inspection in accordance with the provisions of Article V of the
Municipalities Planning Code .
The developer shall provide at least
twenty-four (24) hours notice prior to the start of construction of any
improvements that are subject to inspection . All inspections of completed
items shall be requested, in writing, at least forty-eight (48) hours in
advance of the inspection time and date . It is generally required that the
following phases of site construction have mandatory inspection . This
general list of phases may be amended by mutual agreement of the Borough and
developer when the site requires special construction procedures . The
inspection schedule must be recorded with the final plan or shown on the
approved improvement construction plan .
A.
General Site Construction .
1 . Upon completion of preliminary site preparation including
stripping of vegetation, stockpiling of topsoil and construction
of temporary erosion and sedimentation control devices .
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(22, §505 (A) (2))
(22, §505 (A) (2) )
2 . Upon completion of rough grading, but prior to placing
topsoil, permanent drainage or other site development improvements
and ground covers .
3 . During the construction of permanent stormwater management
and BMP facilities . All storm sewers, culverts, etc ., must be
inspected prior to backfilling .
4 . During construction of sanitary sewers and appurtenances,
all sanitary sewers must be constructed and inspected in accordance
with Borough specifications .
5 .
Upon the final completion of permanent stormwater
management and BMP facilities, including the establishment of
ground covers and plantings .
.6 . After review of the as-built drawings, required by §508
of this Chapter, but prior to final release of the financial
guarantee for completion of final grading, vegetative controls
required by the BMP standards or other site restoration work .
B.
Street Construction .
1.
Preparation of Road Subgrade .
At the time of this
inspection, the subgrade should be proof rolled and the proposed
crown and grade should be checked . It is recommended that a
developer's/contractor's representative accompanies the observer
when the crown and grade are checked . Proof rolling should be
performed with a fully loaded, tandem-axle dump truck . This
inspection must occur prior to any stone subbase being placed .
2 . Placement and Compaction of Road Subbase . At the time of
this inspection, the depth of subbase should be checked after
compaction, the subbase should be proof rolled in the same manner
as the subgrade and the crown and grade should be checked again .
This inspection must occur prior to any binder or base course being
placed .
3 .
Placement and Compaction of the Binder/Base Course .
At
the time of this inspection, the depth of the binder/base course
should be checked, ambient temperature should be monitored (this
is important in early spring and late fall days when the temperature can go below acceptable limits, in accordance with PennDOT
specifications, Form 408, as amended), the temperature of the
bituminous material should be checked (if possible), and it is
recommended that copies of the weight slips for each truckload are
obtained . The crown and grade should also be checked again . This
inspection must occur prior to the wearing course being placed .
4.
Placement and Compaction of the Wearinq Course .
At the
time of this inspection, the guidelines for the placement and
compaction of the binder/base course should be followed .
C .
In addition to the above outlined inspections, additional
inspections will be made at the request of the developer for reduction
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(22,
§505(C), cont'd)
(22, §505(C), cont'd)
of financial securities .
Random inspections should be made at the
frequency desired by the Borough . At the time of any of the above
listed inspections, all ongoing construction (i .e ., storm drainage,
sanitary sewer, water, erosion control, etc .) should also be checked for
compliance with the approved plans and the findings reported . Since the
above inspections are mandatory, it is recommended that requests for
reduction of financial guarantee be submitted to coincide with the above
inspections .
(Ord . 282, 4/1/1997, §505)
Construction In Accordance With Plans .
§506 .
All roads and drainage
facilities shall be constructed in strict accordance with the approved plans
and no changes shall be effected unless the same receive the written
authorization of the Borough . Notwithstanding the provisions of this
Section, the Borough may require changes during the construction stage where
onsite conditions, in the opinion of the Borough, or its duly designated
representative, indicates that the adverse effect of stormwater runoff and/or
the adverse effect to the roadbed and/or road surface may be minimized by
such changes .
(Ord . 282, 4/1/1997, §506)
§507 .Maintenance of Stormwater Management Facilities and BMP
Facilities During Construction .
Maintenance is an essential part of the
successful functioning of a stormwater management system . Maintenance of
stormwater management facilities and BMP facilities during development of a
project shall be the responsibility of the developer and/or landowner and
shall usually include, but not be limited to :
A . Removal of silt from sediment traps when thirty-five (35)
percent and sediment basins when twenty-eight (28) percent of capacity
is filled with silt .
B . Periodic maintenance of temporary control facilities such as
replacement of straw bale dikes, straw filters, silt fence or similar
measures .
C . Establishment or reestablishment of vegetation by seeding and
mulching or sodding of scoured areas or areas where vegetation has not
successfully been established .
D.
Installation of necessary controls to correct unforeseen
problems caused by storm events within design frequencies .
E . The contractor or developer shall be responsible for removal
of all temporary measures and installation of permanent measures upon
completion of the project .
(Ord .
282,
4/1/1997, §507)
§508 . As-Built Plan .
At such time as the construction of the road is
found to meet all requirements of this Chapter and the approved plans, as
modified, the developer, prior to offering the road for dedication, shall
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(22, §508, cont'd)
(22, §508, cont'd)'
submit to the Borough a mylar as-built plan of the road and any stormwater
drainage facilities which shall formm a part of the permanent records of the
Borough . The plan shall be prepared by using the approved final plan as a
base plan and shall be made available to the Borough prior to the final
inspection of the project . As-built plans shall show the following :
A . Actual location of all concrete monuments which were set at all
angle breaks, points of curvature and tangents around the perimeter of
the total tract . When the outside perimeter of a tract falls within or
along an existing road right-of-way, then the right-of-way of that
roadway shall be monumented at the above referenced points .
B . Actual location of all iron pins or drill holes in curbs for
all individual lot lines .
C . Actual cul-de-sac radius .
D.
Actual location of cartway centerline versus right-of-way
centerline .
E . Actual location of floodplain by elevation and dimension from
property line .
F . Actual location and cross section of swales and accompanying
easements .
G . Actual horizontal and vertical location of stormwater management sanitary sewer and waterline facilities including type and size of
storm drainage sanitary and waterline pipes .
H . Detention basin :
1 . Actual contours of the detention basin .
2 . Actual outlet structure details including type, size and
inverts of outlet pipes .
3 . Actual elevation of the embankment and emergency spillway .
4 . A table showing the stage/storage/discharge curve for the
constructed conditions .
(Ord . 282,
4/1/1997, §508)
§509 . Dedication . In case of a road through residential properties, at
such time as ninety (90) percent of the lots fronting on the road have
received occupancy permits, or in the case of a road through commercial or
industrial developments, when lots having ninety (90) percent of the footage
have received occupancy permits, the developer may offer the Borough a deed
of dedication, accompanied by a fee to cover recording costs and costs of
preparing the resolution of acceptance and recording of the same . If the
deed is found to be in proper order and there are no violations of any
provision of this Chapter, the Borough Council may, at its sole discretion,
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(22,
§509, cont'd)
(22,
§509,
cont'd)
adopt a resolution accepting the road and, or in applicable cases, drainage
facility .
No road, or in applicable cases, drainage facility, shall be
considered finally accepted by the Borough until the deed has been recorded
and filed with the applicable offices for filing for Lancaster County,
Pennsylvania . Notwithstanding final acceptance of the road or drainage
facility, the developer shall remain responsible for maintenance of the same,
snow removal excepted, for a period of eighteen (18) months from the date of
final acceptance . Borough Council will accept streets for dedication only
during the period between March 1 and September 1 of each calendar year .
(Ord . 282, 4/1/1997, §509)
§510 . Development Agreement . Plan approval may, at the sole discretion
of Borough Council, be subject to the signing of a development agreement
prepared by the Borough Solicitor pertaining to the laying out of roads,
streets, lanes or alleys and the construction of all improvements including
necessary grading, paving, curbs, erosion and sediment control ; gutters,
sidewalks, street lights, fire hydrants, water mains, underground electric
facilities, landscaping and traffic control devices, in accordance with the
approved plans, where such (or some of them) improvements are required as a
condition of the approval of the plan by the Borough Council, within the time
or times specified in the approval . The agreement may include any other
specified conditions or requirements agreed to by the Borough Council and
developer and/or owner . The developer and/or owner shall reimburse the
Borough for the legal fee and filing cost incurred for the preparation and
recording of this agreement (or memorandum thereof) .
(Ord . 282, 4/1/1997,
§510)
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(22, §601)
(22,
§601)
ARTICLE VI
DESIGN STANDARDS
§601 .
General .
A . Minimum Standards . The standards and requirements contained in this
Article shall apply as minimum design standards for subdivision and/or land
developments in the Borough .
B . Compliance with Zoning Ordinance and Zoning Hearing Board Decisions .
Whenever the Zoning Ordinance [Chapter 27] provides that the use proposed by
the applicant for subdivision or land development approval shall constitute
a use by special exception or conditional use, or when a variance from the
terms of the Zoning Ordinance is required to develop in accordance with the
plan, the applicant shall obtain such special exception, variance or
conditional use approval from the Borough Zoning Hearing Board or Borough
Council, 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, variance or
conditional use by the Borough Zoning Hearing Board or Borough Council, as
applicable .
C . Whenever all or a portion of the land contained within an application for subdivision or land development approval constitutes all or a
portion of land included in a prior subdivision or land development plan
approved by the Borough or the Lancaster County Planning Commission and
recorded in the Office of the Recorder of Deeds in and for Lancaster County,
Pennsylvania, the plan shall comply with all conditions, restrictions and
notes imposed on the prior approval and/or included? upon the recorded
subdivision or land development plan . The applicant shall identify all prior
recorded subdivision and/or land development plans of which all or a portion
of the land contained in the plan was a part and all conditions, restrictions
and notes which affect the current application . Failure to identify all
applicable conditions, restrictions and notes of record on prior plans
constitutes a violation of this Article . The applicant shall submit with the
application for preliminary plan approval a statement identifying the prior
plans reviewed, the conditions, restrictions and notes which would impact
development in accordance with the plan for which approval has been requested
and an explanation of the manner in which the proposed plan has been designed
to comply with such conditions, restrictions and notes . This information
shall be signed by the applicant or the applicant's engineer, surveyor or
landscape architect .
(Ord . 282,
4/1/1997,
§602 .
Streets,
A.
§601)
Private Streets and Driveways .
General .
1 . Proposed streets shall conform to Borough and State street and
highway plans as have been prepared, adopted and/or filed as prescribed
by law .
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(22, §602 (A) (2) )
(22, §602 (A) (2))
2 . Streets shall be designed with consideration to both existing
and planned streets . All streets shall be arranged to conform as
closely as possible to the original topography . New streets shall be
connected with streets of similar function, to form continuations
thereof . Local streets shall be laid out to discourage use by through
traffic . Streets shall be laid out to provide convenient and safe
access to the property . The rigid rectangular street pattern need not
be adhered to ; the use of curvilinear streets may be provided when their
use will result in a more desirable layout . Where a development abuts
an existing or proposed arterial or collector street, the Borough
Council may require the use of reverse frontage lots or such other
treatment that will provide protection for abutting properties, reduce
the number of intersections with the major street and separate the local
and through traffic .
3 . Streets shall be logically related to the topography so as to
produce, satisfactory drainage and suitable building sites .
4 . Half streets or streets centered upon a boundary line of a
tract to be subdivided are prohibited . All plans shall be designed to
provide for the entire right-of-way and cartway widths .
5 . When existing stub streets, temporary cul-de-sac streets or
dedicated or platted areas reserved for future street usage join the
tract to be developed, they shall be extended into the site and made
part of the proposed street layout . Where a temporary cul-de-sac is
being extended, the bulb shall be reconstructed to Borough street
specifications, any existing sidewalk extended through the area and the
remaining areas shall be regraded and seeded .
6 . The extension of existing streets which are presently constructed with a cartway different from current Borough standards shall
be provided with a transition area, the design of which is subject to
Borough approval .
7 . All existing streets at the perimeter and/or through the
development shall be reconstructed according to Borough or PennDOT
specifications : (1) if an existing street lies at the perimeter of the
development, it shall be reconstructed to the centerline of the street
and (2) if an existing street lies through the development, it shall be
reconstructed to the full width of the street as required by Borough or
PennDOT specifications and design standards .
8 . When the proposed development requires construction within an
existing street right-of-way, such as sewer, water or stormwater lines,
the Borough may require construction of a new wearing course along the
frontage and/or disturbed area .
9 . If lots resulting from original subdivision are large enough
to permit re-subdivision or if a portion of the tract is not subdivided,
adequate rights-of-way for streets and other required improvements shall
be reserved as necessary to permit further subdivision and be reflected
in the Borough Official Map .
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(22,
§602 (A) (10))
(22, §602(A)(10))
10 . As a minimum, all new streets shall be graded to the right-ofway line All cut and fill banks shall not exceed a maximum of 3 :1
slope .
11 . Streets shall be designed to preclude or minimize the need for
guide rail . The Borough may, however, require guide rail to be placed
for protection on embankments when a barrier is indicated as warranted
in Design Manual Part 2 Highway Design by PennDOT, January 1990,
edition, as amended . The design and selection of guide rail shall
generally be in accordance with the standards in Design Manual Part 2
Highway Design, January 1990, edition, as amended, however, the Borough
shall approve all guide rail systems .
12 . Streets that are extensions of or obviously in alignment with
existing streets shall bear the names of the existing streets . Street
names shall not be repeated within the Borough and all street names
shall be subject to the approval of the Borough and Lancaster CountyWide Communications . Notice that the proposed new street names are
acceptable shall be submitted prior to final plan approval (see Appendix
No . 22) .
13 . Street name signs shall be installed at all intersections and
their design shall be approved by the Borough . All signing shall
identify both intersecting streets . Regulatory signs shall be installed
at all locations identified by a traffic circulation study prepared by
the developer . Standard traffic signs shall be approved by the Borough,
and shall be supplied and installed in accordance with Borough regulations ; PennDOT Publication 68, Official Traffic Devices and the MUTCD,
Manual on Uniform Traffic Control Devices, FHWA .
14 . All proposed streets shall be offered for dedication . Where
a waiver of this Section is granted by the Borough, all private streets
shall conform to the requirements of §602(H) .
B.
Horizontal Alignment .
1 . Horizontal street alignments shall be measured along the
centerline . Horizontal curves shall be used at all angle changes
greater than one (1) degree .
2 . The centerline of the street cartway shall correspond with the
centerline of the street right-of-way .
3 . Plans with street locations along the perimeter of a property
shall be required to show building setback lines and clear site
triangles within the adjacent properties . Written permission from the
effected adjacent land owner shall be provided prior to preliminary plan
approval .
4 . There shall be a tangent of at least one hundred (100) feet
between reverse curves for all local and collector streets .
5.
Horizontal curve centerline radii shall be designed in
coordination with vertical geometry, subject to the approval of the
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(22,
§602(B)(5), cont'd)
(22,
§602(B)(5),
cont'd)
Borough Engineer . Generally, however, the minimum acceptable centerline
radii shall be . one hundred fifty (150) feet .
C.
Vertical Alignment .
1 . Vertical curves shall be used in all changes of grade in excess
of one (1) percent .
2 . The following minimum and maximum vertical grades shall be
used :
Maximum
Minimum
State Highway Standards
1%
b . Collector Street
7%
1%
c . Local Street
8%
1%
d . Access Drives
8%
1%
e . Lanes
8%
1%
f . At all intersections 50 ft . each side
4
1%0
a . Arterial Street
3 .
The minimum length of vertical curve for all streets shall be
seventy-five (75) feet .
4 . Notwithstanding the above minimum length of vertical curve, the
actual length of vertical curve shall be based on the formula L = KA ;
where "L" is the minimum length of curve in feet, ."K" is the length of
vertical curve per percent change in "A", and "A" is the algebraic
difference in grade (in percent) . Values for "K" shall be based on the
following criteria :
"K"
Crest Vertical Curves
"K"
Saq Vertical Curves
20
10
20
25
20
30
30
30
40
35
45
50
70
70
Design Speed (in miles
per hour)
40
45
100
50
150
55
220
90
110
130
5.
All sag vertical curves shall be designed to incorporate
underdrains along both sides of the street . Underdrain shall be
provided in accordance with PennDOT Publication 70, as amended .
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(22,
§602(D))
D.
(22, §602(D))
Cul-de-Sacs .
1.
The centerline distance of permanent cul-de-sac streets shall
be greater than two hundred fifty (250) feet in length and shall not
exceed six hundred (600) feet in length . The length of the cul-de-sac
street shall be measured from the centerline intersection of the
intersecting street to the center of the cul-de-sac turn-around .
Permanent cul-de-sac streets must be provided with a paved turn-around
with a minimum diameter of one hundred (100) feet to the outside curb
and of one hundred twenty (120) feet to the street right-of-way .
2 . Unless future extension is clearly impractical or undesirable,
the turn-around right-of-way shall be placed adjacent to the tract
boundary with sufficient additional width provided along the boundary
line to permit extension of the street at full width .
3 .
Temporary cul-de-sac streets shall not exceed two thousand
(2,000) feet in length .
4 . Where an adjacent stub street in an existing development is not
proposed for extension as a through street, a cul-de-sac shall be
constructed in compliance with Borough standards .
5 . Drainage of cul-de-sac streets shall preferably be toward the
open end . If drainage is toward the closed end, water shall be conveyed
away in an underground storm sewer or by other means approved by the
Borough . The minimum grade on cul-de-sacs shall be designed to ensure
a minimum of one (1) percent along the curb line to the designed low
points .
6 . Temporary cul-de-sacs shall be constructed* within the right-ofway for a future street extension .
7 . All permanent cul-de-sacs shall be designed with a snow removal
easement at the terminus . The easement shall extend outward from the
street right-of-way and be a minimum of fifty (50) feet in width and ten
(10) feet in depth . The easement shall be centered on the projected
center line of the street . The final plan shall contain a note stating
that the easement shall be maintained as open space and no improvements
or obstructions such as driveways, mailboxes, fences, hydrants or
landscaping shall be permitted .
8 . Cul-de-sacs shall also be designed to accommodate the future
extension of water and sewer lines .
E.
Street Intersections .
Intersections involving the junction of more than two (2)
1.
streets are prohibited .
2 . The centerline of streets opening onto the opposite sides of
existing or proposed streets shall be directly opposite from each other .
When this is physically impossible, the distance between centerlines
shall be no less than one hundred and fifty (150) feet between
centerlines, measured along the centerline of the street being intersected .
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(22,
§602 (E) (3))
(22, §602 (E) (3) )
3 . Intersections with arterial or collector streets shall be
located not closer than one thousand (1,000) feet, measured from
centerline to centerline, along the centerline of the arterial or
collector street being intersected .
4 . Right angle intersections shall be used .
5 . The cartway edge at street intersections shall be rounded by
a tangential arc with a minimum radius of thirty (30) feet for local
streets or lanes and fifty (50) feet for intersections involving
arterial and collector streets . The right-of-way radii at intersections
shall be substantially concentric with the edge of the cartway . The
Borough may require larger radii based on the largest design vehicle
using the intersection .
6 . All streets intersecting a state highway shall be subject to
the approval of PennDOT . A PennDOT highway occupancy permit will be
required prior to any construction involving a PennDOT right-of-way .
7 . There . shall be provided and maintained at all intersections a
clear sight triangle with a line of sight between points of one hundred
(100) feet from the intersection of the centerlines for collectors and
seventy-five (75) feet for local roads . Clear sight triangles shall be
indicated on all plans . No building or other obstruction that would
obscure the vision of a motorist shall be permitted within these areas .
8 . Proper safe stopping sight distance shall be provided with
respect to both horizontal and vertical road alignments at all intersections . Sight distance at street intersections shall be such to provide
the sight distance in accordance with current PennDOT criteria .
(a) Appendix No . 21 depicts stopping sight distance for
selected speeds . The sight distances in Appendix No . 21 apply for
roadway grades in whole numbers from +13% to -13% along with speeds
from fifteen (15) to sixty (60) miles per hour in increments of
five (5) miles per'hour . The designer may use 'this table in lieu
of the above formula .
(b) Inadequate Siqht Distance Remedies . If it is impossible
to achieve required safe stopping sight distance in both directions
the Borough may :
(1) Prohibit left turns by entering or exiting vehicles .
(2) Require alteration of the horizontal or vertical
geometry of the roadway or access, all such work shall be at
the expense of the applicant .
(3)
Require removal of p .-lysical obstruction from the
line of sight, at the expense of the applicant .
(4) Require installation of a separate left turn standby
lane .
(5) Deny access to the roadway .
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(22, §602(F))
F.
(22,
§602(F))
FutureRights-of-Way .
1 .
Future rights-of-way are rights-of-way reserved for future
street extension into adjoining tracts .
They shall be designed in
conformance with the design requirements of a street and the contiguous
parcels must contain proper setbacks and sight distances .
a . The area within the future right-of-way shall be included
within the deeds to the abutting lots with an easement in favor of
the Borough and land owners of the land into which the future
right-of-way will extend to permit the use of the future right-ofway for public street purposes should the adjoining lands be
developed . Reserved rights-of-way are permitted only when they
will be no longer than the depth of one (1) lot . For lengths
longer than one (1) lot a fully constructed stub street and
temporary cul-de-sac will be required .
b . The landowners of the lots in which the future right-ofway is included shall have the duty to maintain the area included
within the future right-of-way and this duty shall be indicated in
a note on the final plan and in all deeds to such lots .
c . The landowners of the lots in which the future right-of .way is included shall have no obligation concerning the improvement
of such future right-of-way for street purposes .
d . Landowners adjacent to rights-of-way reserved for future
use shall not provide primary access to their property from the
future right-of-way . Structure frontage and primary access shall
be from the adjacent street .
G.
Right-of-Way and Cartway Widths .
1 . The minimum street rights-of-way and cartway widths for new
streets shall be as follows :
Street Classification-
Minimum Cartway
Minimum Right-ofWay
a . Arterial Street
(Highway)
As determined after consultation with the Borough and PennDOT .
b . Collector Street
40' w/Curb
66 Feet
c . Local Street 34' w/Curb
50 Feet
d . Cul-de-Sac Streets :
Cartway
In accordance with subsection (b) or (c) above .
Turn-around
100' in diameter
120' in diameter
24' w/Curb
N/A
e . Alleys
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(22,
§602(H))
(22, §602(H))
H.
Private Streets .
Private streets shall meet all the design
standards for public streets as required by this Chapter . Applications which
propose a private street shall be by an agreement which shall be recorded
with the 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 :
1 . That the street shall be constructed and maintained to conform
to the provisions of this Chapter .
2 . The method of assessing maintenance and repair costs .
3 . That an offer for dedication of the street shall be made only
for the street as a whole .
4 . That the owners of the abutting lots will include with any
offer of dedication sufficient funds, as estimated by the Borough, to
restore the street to the prevailing standards .
5 . That an agreement by the owners of fifty-one (51) percent of
the front footage thereon shall be binding on the owners of the
remaining lots .
I.
Driveways .
1 . Driveways shall be located as to provide minimum safe stopping
sight distance at intersections with streets and shall not be located
within any required clear sight triangle in accordance with §602(5) .
Access shall be provided to the street of lesser classification when
there is more than one (1) 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
locations shall be delineated on all plans . 2 . Single-family residential driveways shall have a minimum width
at the street right-of-way of ten (10) feet and a maximum width at the
street right-of-way of twenty (20) feet . The number of driveway
entrances per dwelling shall be one (1) . The Borough Council may grant
additional driveway entrances if severe topographic conditions exist and
the width of the lot exceeds one hundred fifty (150) feet at the street
right-of-way .
3 . Common driveways are prohibited .
4 . When a proposed driveway has access to an arterial or collector
street, the Borough may require the use of a turn-around area to prevent
vehicles from backing onto the street .
5 . All private driveways shall have, for a distance of thirty (30)
feet from the street right-of-way, a maximum gradient of eight (8)
percent .
J.
Access Drives .
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(22,
§602(J)(1))
(22, §602(J)(1))
The cartway of all access drives shall be constructed
1.
accordance with §603(A)(9) .-
in
2 . Access drives do not require a specific right-of-way ; however,
the following standards for cartway width shall apply :
Number of Lanes
Three
Two
One
(3)
(2)
Cartway Width
lanes
36 Feet
lanes
24 Feet
lane
12 Feet
(1)
3 . The vertical and horizontal alignments of access drives shall
conform to §§602(B) and (C), respectively .
4 . Access drive intersections shall conform to the specifications
for streets as stated in §602(E) .
5 . Access drives shall be located a minimum of ten (10) feet from
side or rear property lines and a minimum of twenty (20) feet from
buildings/structures .
6 . Access drives shall be subject to the identical maintenance
related items as outlined for lanes in §602(K) .
K.
Alleys .
1 . Alleys shall have the following characteristics :
a . A property which utilizes an alley shall maintain frontage
along a public or private street .
b . An application that proposes alleys shall be accompanied
by an agreement which shall be recorded with the final plan and
which shall establish the conditions under which the alleys will
be maintained .
c . The final plan, for recordation with the Recorder of Deeds
shall include a plan note which identifies (1) the specific alleys
(2) the recorded maintenance agreement, and (3) a notification that
the alleys do not qualify for dedication to the Borough and that
the Borough will not assume any responsibility for their maintenance .
2 . The cartway of all alleys shall be constructed in accordance
with §603(A)(8) of this Article .
a . No part of any structure shall be located within thirty
(30) feet from the cartway edge of an alley .
b.
The vertical and horizontal alignments of alley shall
conform to the specifications for local streets as stated in
§§602(B) and 602(C), respectively .
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(22, §602(K)(2), cont'd)
(22,
§602(K)(2),
cont'd)
c.
Alleys and their intersections shall conform to the
specifications for local streets as stated in §§602(5) and 602(7) .
d.
Alleys which form a cul-de-sac shall not exceed four
hundred (400)
feet in length, measured from the centerline
intersection of a street or private street which is not a cul-desac .
Alley cul-de-sacs which do not terminate in a parking
compound shall be provided at the terminus with a fully paved turnaround . The turn-around shall be designed in accordance with one
of the following methods :
(1) An eighty (80) foot paved diameter .
(2) T-shaped turn-around with a twelve (12) foot width
and the flared portions rounded by minimum radii of twenty
(20) feet .
e . All alleys shall be privately maintained . The plan shall
contain a note which shall state that the alley shall not be
offered for dedication and shall be privately maintained .
(1) If a alley is to be for the common use of two (2)
or more properties, the applicant shall provide for the
maintenance of such alley . The applicant shall provide for
private maintenance through the formation of a homeowners
association or through the setting forth of the maintenance
responsibilities in easements in the deeds to the lots which
have the right to use the alley . If a homeowners association
is formed, a document setting forth the maintenance responsibilities of such association and the right of such association
to assess lots within the development shall be recorded at the
same time as the final plan is recorded . All such documents
shall be in a form acceptable to the Borough Solicitor .
(2) All persons who shall purchase a lot abutting or
having the right to use an alley shall be given a copy of the
final plan and, if a homeowners association has been formed,
shall be given a copy of all such documents relating to the
maintenance responsibilities of such homeowners association .
f . All alleys and associated parking areas shall be located
outside the minimum required rear yard and side yard'setbacks .
L.
Emergency Access Requirements .
All subdivisions or land developments containing twenty five (25) or more dwelling units or nonresidential
buildings or buildings containing fifteen thousand (15,000) or greater square
feet of gross floor area shall be provided with at least two (2) separate and
distinct means of access to the subdivision or land development .
1 . Access may be provided through the location of two (2) or more
streets each of which intersects with an existing public street . Such
streets shall meet all the requirements of this Chapter concerning
design and construction .
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(22,
§602 (L) (2))
(22, §602 (L) (2) )
2 . Access for a land development may be provided through two (2)
or more access drives into the land development . Such access drives
shall be separated by a distance of at least one hundred fifty (150)
feet and shall comply with all requirements of this Chapter and the
3 . If the applicant is unable to provide access to the subdivision
or land development through two (2) or more streets or access drives,
an emergency access shall be provided .
a . The emergency access shall be improved so that emergency
vehicles may safely transverse it and shall be indicated on the
plans .
b . The emergency access shall be acceptable to the providers
of emergency services within the Borough . Applicants proposing to
provide emergency access shall submit evidence of such 'approval .
c . The emergency access may be located so that access to the
subdivision or land development is gained from a public street at
a location unsuitable for regular access with an existing public
street .
d . The emergency access may be located so that access is
gained from an adjacent tract . For example, a subdivision or land
development adjoining a parking lot of another use may provide
emergency access through a point with a break chain . Applicants
with plans indicating emergency access through an adjoining private
tract shall provide evidence that the adjoining property ownerr has
consented to such emergency access location .
M.
Street Lights .
1 . Poles or standards for street lights, with underground "parkway
cable" service lines shall be installed by the subdivider, when required
by the Borough Council, located in the right-of-way and shall be
approved by the Borough Council as to type and location along each
right-of-way not more than two hundred fifty (250) feet apart and at all
intersections .
(Ord .
282,
§603 .
4/1/1997, §602)
Vehicular Parking Facilities,
Sidewalks and Curbs .
A.
Parking Areas .
Off-street vehicular parking facilities shall be
provided in accordance with the Borough Zoning Ordinance [Chapter 27] .
1 . Parking compound dimensions shall be no less than those listed
in Appendix No . 20 .
2 . Buffer planting shall be provided for parking compounds and
access drives which are adjacent to residential properties and public
right-of-ways . The buffer planting area shall be at least fifteen (15)
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(22 .
§603(A)(2),
cont'd)
(22,
§603(A)(2),
cont'd)
feet wide .
Buffer planting shall be installed in accordance
§609(A) .
Buffer plantings shall not restrict sight distances .
with
3 . Where parking compounds are designed for more than ten (10)
spaces, no less than five (5) percent of the total area must be
landscaped and continually maintained . Planting along the perimeter of
a parking compound, whether for required screening or general beautification, will not be considered as part of the five (5) percent parking
area landscaping . The internal planting areas shall contain appropriate
natural ground cover and a minimum of one (1) tree, as specified in
§609(4), for each ten (10) parking spaces, or portion thereof . The
Borough may reduce the required minimum internal planting area where the
proposed overall landscape contains additional, perimeter and/or internal
trees .
4 . No portion of a parking compound will be permitted within ten
(10) feet of side or rear property lines and twenty (20) 'feet from
street right-of-way lines .
5 .
Not less than five (5) foot radius of curvature shall be
permitted for horizontal curves in parking areas .
All dead-end parking lots shall be designed to provide
6.
sufficient back-up area for all end stalls .
7 . Painted lines, arrows and dividers shall be provided and
maintained to control parking when necessary to direct vehicular
circulation .
8 . Parking areas, main entrances and exits which are open to the
public shall be lighted to . a minimum average of two (2) foot candles at
an elevation of three (3) feet above the surface . All lighting shall
be so arranged as to reflect the light away from adjoining premises and
public rights-of-way .
9 . All parking compounds and access drives shall be paved to meet
the following minimum standards .
a . Crushed aggregate base course with a minimum thickness of
six (6) inches, as specified in PennDOT Specifications, Form 408,
and its latest revisions .
b . The bituminous surface shall consist of a minimum of one
and one-half (1-1/2) inches of ID-2 binder course and one (1) inch
ID-2 wearing course . Material shall be equal or superior to
PennDOT Specifications Publication 408/90, as amended, and shall
be applied in accordance with those same specifications .
B.
Sidewalks .
1 . The Borough shall require installation of curbs and
sidewalks in any subdivision and land development as provided
herein . Sidewalks are required to provide access to and/or within
a commercial, industrial or community facility . Sidewalks which
are provided as part of such nonresidential facilities shall be
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22,
§603 (B) (1) ,
cont'd)
(22, §603(B)(1), cont'd)
designed and constructed to service the projected pedestrian needs .
All public areas shall be designed barrier free in accordance with
applicable Federal and State standards including, but not limited
to, the Americans with Disabilities Act . Appropriate details shall
be provided on the plans .
2 . Sidewalks shall be installed on both sides of all streets in
residential and nonresidential subdivisions and land developments as
herein specified . Sidewalks shall be located, if possible, within the
street right-of-way line .
3 . Sidewalks shall comply with the Borough's specifications for
curb and sidewalks, as amended . (see Appendix No .19) .
C.
Curbs .
1 . Curbs shall be required along all proposed streets in subdivisions, along all proposed streets, access drives, alleys and parking
compounds in land developments and along all existing streets in and
abutting both subdivisions and land developments . The developer shall
submit the location and grade of all curbs to the Borough for consideration .
2 . Curbs shall be installed to the dimensions and construction
standards of the Borough's specifications for curb and sidewalks, as
amended . (see Appendix No . 19) .
3 . Standard straight curb shall be required along all State
highways and along all Borough streets . Other types of curbing are not
permitted unless matching an existing condition or a waiver is requested
and granted by Borough Council .
(Ord . 282,
§604 .
4/1/1997, §603)
Blocks and Lots .
A.
General Confiquration .
The configuration of blocks and lots shall
be based upon the lot area requirements, the salient natural features, the
existing manmade features and the proposed type of structure . Lot configurations should provide for flexibility in building locations while providing
safe vehicular and pedestrian circulation . Lots with areas that are two (2)
or more times the minimum requirements shall, wherever feasible, be designed
with configurations which allow for additional subdivision .
B.
Residential Blocks . All blocks in a residential subdivision shall
have a maximum length of twenty (20) times the minimum allowable lot width,
but not to exceed twelve hundred (1200) feet .
1 . Wherever practicable, blocks shall be two (2) lot depths in
width .
2 . In blocks over one thousand (1,000) feet in length, a dedicated
right-of-way shall be provided for a pedestrian walkway at or near the
middle of such blocks .
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(22, §604(C))
(22, §604(C))
C . Nonresidential Blocks . Blocks in nonresidential areas may vary from
the requirement of §604(2) when required by the nature of the use . Adequate
provisions shall be made for off-street parking, loading areas and traffic
and pedestrian circulation .
.
Lot and Parcel Configuration .
1 . Whenever practical, side lot lines shall be radial to street
lines .
2 . 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 .
3 . All lots with a width of fifty (50) feet or more shall contain
an average depth not less than one-half (1/2) nor more than ttao and onehalf (2 1/2) times their width .
4 .
Lot and parcel configuration shall conform to the Borough
5 . All lots shall front on an approved public or private street
(with the exception of lanes) and maintain a minimum lot width in
accordance with the Zoning Ordinance [Chapter 27] .
6 . 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 . All reverse frontage lots shall
include an identification of the frontage for use as a road access .
7 . All reverse frontage lots shall have a rear yard in accordance
with the Borough Zoning Ordinance [Chapter 27], measured at the shortest
distance from the proposed dwelling unit to the street right-of-way and
shall, within each rear yard and immediately adjacent to the street
right-of-way, have a buffer area and planting screen at least ten (10)
feet in width, across which there shall be no vehicular access . The
buffer and planting screen shall be in accordance with applicable
provisions of the Zoning Ordinance [Chapter 27] .
8 . All remnants of land (areas remaining after subdivision) shall
conform to the lot area and configuration requirements .
E.
Lot Size and/or Intensity .
All lot sizes shall conform to the
Borough Zoning Ordinance [Chapter 27] .
F . Flag Lots . Flag lots shall not be created when lots can be designed
to provide full frontage along street . The Borough Council at its sole
discretion may approve the plotting of a limited number of flag lots when :
1 . The flag lot is being created to serve a homesite in the back
of an existing tract of land where there is no potential of direct
street access to the proposed lot .
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(22,
§604 (F) (2))
(22, §604 (F) (2) )
2 . No more than two (2) adjoining flag lots shall be permitted .
Double tier flag lot shall not be permitted .
3 . The "flagpole or access portion of the flag lot shall maintain
a minimum width of twenty-five (25) feet and shall not change direction
more than once or not greater than a forty-five (45) degree angle . The
area of the flagpole shall not be included with the body (flag) of the
lot for satisfying the Borough Zoning standards for minimum lot size .
4 . The Borough Council may attach any reasonable conditions to the
creation of flag lots as it finds necessary or desirable to provide for
the orderly development of land and street systems .
5 . Flag lots shall not be permitted to be accessed from the bulb
portion of a cul-de-sac .
(Ord .
282,
§605 .
4/1/1997, §604)
Buildinq Setback Lines and Buildinq Separation .
A . A building setback line shall be provided along each street and
private street . The area in front of the building setback line shall be
preserved in accordance with the Borough Zoning Ordinance [Chapter 27] .
B . The distance to the building setback line shall be measured from the
street centerline or right-of-way line as required by the Borough Zoning
Ordinance [Chapter 27] . Setback lines on private streets shall be the
required setback as per the Borough Zoning Ordinance [Chapter 27] .
C . In the case of corner lots, the setback from each adjacent street
shall apply .
D . All building separations and height requirements shall conform to
the Borough Zoning Ordinance [Chapter 27] .
E . On any lot abutting or traversed by a high voltage transmission
line, no dwelling shall be placed within seventy-five (75) feet of any
portion of the right-of-way .
F . Where application for a land development plan is made for the
purpose of erecting more than one (1) principal structure on a single lot,
the appropriate setback and yard requirements shall be provided for each
structure as though it were on an individual lot . In each case, the Borough
shall require suitable provisions for utilities and access in the event of
potential subdivision of the tract .
(Ord . 282,
4/1/1997, §605)
§606 .
Easements and Right-of-Ways .
Easements and right-of-ways for
sanitary sewer facilities, stormwater drainage facilities, public utilities
or pedestrian access shall meet the following standards :
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(22,
(22, §606(A))
§606(A))
A . To the fullest extent possible, easements shall be adjacent to
property lines .
B . 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 . This requirement shall be
noted on the final plan and shall be included in all deeds for lots
which contain an easement .
C . Pedestrian walkways shall have a minimum right-of-way width of
ten (10) feet and contain sidewalk in accordance with §603(B) of this
Article .
D . Utility easements shall have a minimum width of twenty (20)
feet and all utility companies are encouraged to use common easements .
Plans shall include, by reference or detailed description, provisions
to ensure compliance with all authority or utility company restrictions .
E . 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 twenty (20) feet and shall be adequately
designed to provide area for (a) the collection and discharge of water,
(b) the maintenance, repair and reconstruction of the drainage facilities, and (c) the passage of machinery for such work . The easements
shall clearly identify who has the right-of-access and responsibility
of maintenance . This requirement shall be noted on the final plan and
shall be included in all deeds for lots which contain an easement .
F . 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 centerline 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 transmission line stating any conditions
on the use of the tract which shall contain the above .
G . Where a subdivision or land development is adjacent to or
traversed by a water course, drainageway, channel or stream, there shall
be provided a drainage easement conforming substantially with the line
of such water course, drainageway, channel or stream of such width as
will be adequate to preserve the unimpeded flow from a one hundred (100)
year design rainfall .
H . When a subdivision proposes multifamily attached dwellings,
such as townhouses, the plans shall include an access easement along the
front and rear property lines of all units and side property lines of
the end units, to allow all lot owners within the unit access to front
and rear yards . The access easement shall have a minimum width of six
(6) feet . This requirement shall be noted on the final plan and shall
be included in all deeds for lots which contain the easement .
(Ord . 282, 4/1/1997, §606)
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(22,
§607)
(22, §607)
§607 .
Survey Monuments and Markers .
A . Permanent concrete monuments shall be accurately placed along at
least one (1) side of each street at the beginning and end of all curves and
at all angles .
B . Markers shall be set at the points where lot lines intersect curves
and/or other property lines .
C . Monuments shall be of concrete, with a flat top having a minimum
width or diameter of four (4) inches and a minimum length of thirty (30)
inches . Cast-in-place or precast concrete monuments shall be marked with
center punch mark in a three-quarter (3/4) inch copper or brass dowel .
Metallic markers shall consist of copper weld bars at least thirty (30)
inches along and not less than three-quarters (3/4) inch in diameter .
Alternative monumentation methods will be at the discretion of the Borough
Engineer . All monuments shall be inscribed with a proper inscription
indicating the name of the surveyor responsible for the survey .
D . All monuments and markers shall be placed by a registered engineer
or surveyor so that the scored or marked point shall coincide exactly with
the point of intersection of the lines being monumented or marked .
E . All existing and proposed monuments and lot line markers shall be
delineated on the final plan .
(Ord . 282,
4/1/1997, §607)
§608 .
Stormwater Manaqement and Floodplain Controls .
All stormwater
management, collection, conveyance, erosion control, and floodplain
considerations shall be accomplished in accordance with the following
provisions :
A.
General Requirements .
1 . In the interest of (A) reducing the total area of impervious
surface, (B) preserving existing features which are critical to
stormwater management and (C) reducing the concentration of stormwater
flow, the design should consider alternate design concepts and the
flexibility provided by the waiver process .
2 . Maximum use should be made of the existing onsite natural and
manmade stormwater management facilities .
3 . At the discretion of the Borough Engineer, the applicant shall
submit all stormwater design and analysis calculations on a computer
diskette for verification of those calculations by the Borough .
4 . Innovative stormwater management and recharge facilities shall
be used whenever and wherever feasible or necessary to protect adjoining
properties, to control the volume of water leaving the site, to remove
pollutants from runoff leaving the site or to provide for recharge of
ground water supplies . Such
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(22,
§608(A)(4), cont'd)
(22,
§608(A)(4),
cont'd)
facilities may include rooftop storage, dry-wells, cisterns, diversion
structures, aeration of lawns, holding tanks, infiltration systems,
stream channel storage, in line storage in storm sewers, and grading
patterns . Applications including such facilities shall be accompanied
by detailed engineering plans and performance capabilities for review
by the Borough .
B.
GeneralDesiqnRequirements .
1.
All stormwater management plans shall be designed and
certified by individuals registered in the Commonwealth of
Pennsylvania and qualified to perform such duties .
2 . All stormwater runoff flowing over the project site shall
be considered in the design of the stormwater management facilities .
3 .
Stormwater management facilities located within or
affecting the floodplain of any watercourse shall also be subject
to the requirements of the Adamstown Borough Zoning Ordinance
[Chapter 271 as amended or any future ordinances, regulating
construction and development within areas of the Borough subject
to flooding .
4 . Stormwater runoff from a project site shall flow directly
into a natural watercourse or into an existing storm sewer system .
If neither of these is available, the applicant shall obtain an
easement from the downstream landowner to allow the runoff
discharge from the ten (10) year storm to be properly conveyed to
a natural watercourse or existing storm sewer system . Where the
down-stream owner will not grant such an easement, the runoff from
the applicant's site shall flow onto the adjacent property in a
manner similar to the runoff characteristics of the predevelopment
flow . Where such an easement is granted, the twenty-five (25)
through one hundred (100) year discharge from the basin shall flow
onto the adjacent property in a manner similar to the runoff
characteristics of the predevelopment flow .
5 . Stormwater management facilities shall be provided so that
the peak rates of runoff for stormwater originating on the project
site must meet the following conditions, for all watersheds (as
defined by §608(B)(10)) within the site :
a . The two (2), ten (10), twenty-five (25), fifty (50),
and one hundred (100) year postdevelopment peak flow must be
less than or equal to the calculated two (2), ten (10),
twenty-five (25), fifty (50), and one hundred (100) year
predevelopment peak flow, respectively .
6 . Stormwater management facilities shall be supplemented by
BMPs as outlined in the Adamstown Borough BMP Design Standards,
§608 (G) . Required storage volume shall be provided to minimize the
impacts to water quality of receiving waters .
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(22,
§608(B)(7))
(22,
§608(B)(7))
7 .
Runoff calculations, for the pre- and postdevelopment
comparison shall consider five (5) different storm frequencies
(two (2), ten (10), twenty-five (25), fifty (50), and one hundred
(100) year storm events) .
8 . When plan applications are submitted in sections, and if
temporary facilities are required for construction of a section,
such facilities shall be included in the submitted plans .
In the
event temporary measures cannot adequately handle the stormwater
runoff, the main outfall line shall be included as part of the
construction of the proposed section .
9 .
Consideration shall be given to the relationship of the
subject property to the drainage pattern of the watershed .
10 . Stormwater shall not be transferred from one watershed
to another, unless (1) the watersheds are sub-watersheds of a
common watershed which join together within the perimeter of the
property, or (2) the effect of the transfer does not alter the peak
discharge onto adjacent lands .
11 . A concentrated discharge of stormwater to an adjacent
property shall be within an existing watercourse or enclosed in an
easement .
C.
Methods for Calculation of Runoff .
1 . Runoff calculations for onsite stormwater facilities shall
be based upon the following methods :
a . Rational Method . This method is recommended and preferred for design of all collection, conveyance and retention
facilities when drainage areas are less than one and one-half
(1 .5) square miles or where times- of concentration are less
than sixty (60) minutes .
b . SCS TR-55 Tabular Hydrograph Method (1986, or latest
revision) .
This method is recommended and preferred for
design of conveyance and retention facilities when drainage
areas are greater than one and one-half (1 .5) square miles .
c . Any other method must be approved by the Borough .
2 . Criteria and assumptions to be used in the determination
of stormwater runoff and design of stormwater management facilities
are as follows :
a . Runoff coefficients shall be based on the land use
coefficients listed in Appendices No . 27 and 28 of this
Chapter and in conjunction with the criteria outlined by
§608(C)(3) of this Article .
b.
Times of concentration shall be based on the
following design parameters :
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(22,
§608(C)(2),
cont'd)
(22, §608(C)(2), cont'd)
(1) Overland Flow . The maximum length of overland
flow before shallow concentrated swale and/or channel
flow develops is one hundred fifty (150) feet .
The
nomograph in Appendix No . 29 shall be used for determination of the times of concentration .
(2)
Concentrated Flows .
At points where shallow
concentrated flows concentrate in field depressions,
swales, gutters, curbs or pipe collection systems, the
time of concentration between these design points shall
be based upon Manning's Equation and/or acceptable
engineering design standards as determined by the
Borough Engineer .
c . If the Rational Method is used, the Rainfall
Intensity Duration-Frequency Chart shown in Appendix No . 26
shall be used to compute the rainfall intensities .'
d . If the Soil-Cover-Complex Method is used, stormwater
runoff shall be based on the following twenty-four (24) hour
storm events :
Storm Event
Inches of Rainfall
2 years
3 .36
10 years
5 .23
25 years
6 .24
50 years
7 .20
100 years
8 .40
e . Use of other criteria,, assumptions, references,
calculation methods and/or computer modeling may be utilized,
provided detailed design information and . programming with
references are submitted and approved by the Borough .
3 . For the purpose of determining pre- and postdevelopment
runoff coefficients, the following criteria shall be used :
a . Predevelopment runoff coefficients for all areas
within the site boundaries shall be based on a good grass
cover unless portions of the site contain wooded areas . When
the site contains wooded areas, runoff coefficients shall be
based on forest/woodland cover .
b . Offsite land use conditions used to determine storm
flows for the pre- and postdevelopment comparison shall be
based on existing land uses assuming summer or good conditions .
c . Offsite land use conditions used to determine storm
flows for collection and conveyance facilities shall be based
on existing land uses assuming winter or poor conditions .
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(22, §608(D))
D.
(22, §608(D))
DesiqnStandards ;Detention Facilities .
1 . Detention basins shall be designed to safely discharge the
peak discharge of a postdevelopment one hundred (100) year
frequency storm event through an emergency spillway in a manner
which will not damage the integrity of the basin . Where applicable, the emergency spillway shall be constructed in undisturbed
ground and not upon the embankment fill material . An easement
shall be provided from the spillway outfall to a natural or
artificial watercourse .
2 . Detention basins, and water-carrying facilities shall be
stabilized in accordance with current engineering and U .S . Soil
Conservation Service practices and the Adamstown Borough BMP Design
Standards .
3 .
Detention basins shall be designed and maintained to
insure the design capacity after sedimentation has taken place .
4 . Basins which are not designed to release all stormwater
(i .e ., retention basins) shall not be permitted . All basins shall
have provisions for de-watering, particularly the bottom . Low flow
channels and tile fields may be used to de-water the bottom of a
- basin . Discharge structures shall be designed to eliminate the
possibility of blockage during operation . Retention or permanent
pond basins shall be allowed only when permitted by a waiver
granted by the Board .
5 . Detention basins which are designed with earth fill. dams
shall incorporate the following minimum standards :
a . The maximum water depth shall not exceed five
feet, unless approved by waiver from Borough Council .
(5)
b . The minimum top width of all dams shall be five
(5)
feet .
c . The side slopes of earth fill dams shall not be less
than three (3) horizontal to one (1) vertical on the downstream side of the embankment .
d . Basins without restricted access shall have impoundment areas with side slopes no greater than five (5) horizontal to one (1) vertical . Basins with steeper side slopes
shall be protected by fencing that will discourage access .
e.
A cutoff trench of impervious material shall be
provided under all dams .
f . All pipes and culverts through dams shall have
properly spaced concrete cutoff collars or factory welded
antiseep collars .
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(22,
§608(D)(5),
cont'd)
(22,
§608(D)(5),
cont'd)
g . A minimum one (1) foot freeboard above the maximum
design water surface elevation at the emergency spillway shall
be provided .
h . Minimum floor elevations for all structures that
would be affected by a basin, other temporary impoundments or
open conveyance systems where ponding may occur shall be two
(2) feet above the one hundred (100) year water surface . If
basement or underground facilities are proposed, detailed
calculations addressing the effects of stormwater ponding on
the structure and water-proofing and/or flood-proofing design
information shall be submitted for approval .
6 . The effect on downstream areas if the basin embankment
fails shall be considered in the design of all basins . Where
possible, the basin shall be designed to minimize the potential
damage caused by such failure of the embankment .
7 . All detention basins specifically designed to release all
stormwater shall include provisions for an outlet structure that
permits draining the basin to completely dry position within fortyeight (48) hours following the end of the design rainfall .
8 . All outlet structures and emergency spillways shall
include a satisfactory means of dissipating the energy of flow at
its outlet to insure conveyance of flow without endangering the
safety and integrity of the basin and the downslope drainage area .
9 . No outflow from a detention basin shall discharge directly
onto or be conveyed onto a public road but shall discharge into a
culvert under or storm sewer along a public road .
10 . Appropriate easements to enclose and permit access to all
detention and retention facilities shall be provided .
E.
Design Standards-Collection and Conveyance Facilities .
1.
The design of stormwater management collection and
conveyance facilities that service drainage areas within the site
shall be based upon a twenty-five (25) year storm frequency event .
Stormwater management facilities that convey offsite stormwater
through the site must be designed to 'convey a fifty (50) year
event .
2 . All developments must also include design provisions that
allow for the overland conveyance of the post one hundred (100)
year storm flows through the site without damage to any private or
public property .
3 . When the design of the overall stormwater
requires a transfer of watershed, as outlined by
this Article, the design shall illustrate that
utilized to accomplish the transfer can safely
hundred (100) year storm event .
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§608(B) (10) of
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(22,
§608 (E) (4))
(22, §608 (E) (4) )
4 . The capacities of the pipes, gutters, inlets, culverts,
outlet structures and swales shall consider all possible hydraulic
conditions . The following minimum design standards have been
established by the Borough :
a . For grass swales and roadside gutters two (2) design
considerations shall be met : the first shall consider channel
velocity and stability based upon a low degree of retardance
("n" of .03) ; the second shall consider channel capacity
based upon a high degree of retardance ("n" of .05) .
b.
The "n" factors to be used for paved or rip-rap
swales or gutters shall be based on accepted engineering
design practices .
c . The following chart shall be used to determine the
"n" factors for corrugated metal pipe :
'n' Factors
Pipe Diameter
Helical
(inches)
Capacity
up to 18
.017
21 through 30
larger than 30
Velocity
Annular
Capacity
Velocity
.014
.026
.024
.021
.017
.026
.021
.026
.019
.026
.019
d . The "n" factor for concrete or any other smooth pipe
shall be 0 .010 for velocity and 0 .013 for capacity .
e . The velocity to be used in the design of any piped
stormwater conveyance system shall be based on the maximum
velocity obtainable . The capacity shall be based upon full
flow conditions .
f . Inlets, culverts and basin discharge systems shall
be designed for the worst case condition . Inlet capacity
shall be based on design data provided by the manufacturers
and accepted by the Borough Engineer . If acceptable information is not available, inlets in nonponding areas shall be
designed for a maximum capacity of four (4) cubic feet per
second (cfs) . Where ponding occurs, inlet capacity shall be
based on accepted engineering design practices . Culvert
design shall consider either inlet/outlet control or a
combination of hydraulic losses through the system, whichever
is greater . Basin discharge systems shall be designed to the
same standards as culverts . If it cannot be readily determined which hydraulic condition controls, the basin discharge
rate shall be based on the highest possible discharge rating
curve with the basin capacity sized to store the excessive
storm runoff based on the lowest possible discharge rating
curve .
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(22, §608 (E) (5))
(22, §608 (E) (5) )
5 . Inlets shall be along the curb line and are not permitted
along the curb radius at an intersection . For the purpose of inlet
placement, curb, gutter or roadside swale depths shall not exceed
three (3) inches along the roadway and one and one-half (1 .5)
inches across streets and all other access drives .
6 . Manholes and inlets, when proposed, shall not be spaced
more than four hundred (400) feet apart . Additionally, manholes
shall be placed at points of abrupt changes in the horizontal or
vertical direction of storm sewers . Inlets shall be substituted
for manholes where they will serve a useful purpose .
7 . Curves in pipes or box culverts without an inlet or
manhole are prohibited . Tee joints, elbows and wyes are also
prohibited .
8 . Stormwater management pipe collection and conveyance
systems shall have a minimum diameter of fifteen (15) inches and
shall be made of reinforced concrete pipe, corrugated galvanized
metal pipe or approved equivalent . Where installation conditions
merit, structural calculations that address the actual design
requirements will be required .
9 . All storm sewer pipe and culverts shall be laid to a
minimum depth of one (1) foot from finished subgrade to the crown
of pipe in paved areas and one (1) foot from finished grade to the
crown of pipe in grassed areas .
10 . All storm sewer pipes, culverts, manholes, inlets,
endwalls and end sections shall be constructed in accordance with
Pennsylvania Department of Transportation, Form 408, as amended .
11 . Storm sewer pipes, culverts, manholes, inlets, endwalls
and end sections shall conform to the requirements of the Pennsylvania Department of Transportation, Bureau of Design, Standards for
Roadway Construction, Publication No . 72, in effect at the time the
design is submitted, as modified by the adopted Borough construction standards .
12 . All inlets used along existing and proposed curbed
streets shall include PennDOT Type "C" top units or approved
equivalent .
13 . Inlets shall be depressed two (2) inches below the grade
of the street gutter or shoulder surface . Inlets used in grassed
areas will have their tops installed level . Inlets used along
curbed streets shall have their tops installed at a grade equal to
the street or curb grade .
14 . Where storm sewers exceed fifteen (15) percent slope,
properly spaced concrete anchors will be used .
15 . Stormwater roof drains, sump pumps and pipes, wherever
possible shall discharge water into a stormwater runoff dispersion
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(22,
§608(E)(15), cont'd)
(22,
§608(E)(15), cont'd)
and infiltration control device and not into storm sewers or street
gutters .
16 . All storm sewer crossings of streets shall be perpendicular to the street centerline unless otherwise approved by the
Borough Engineer .
17 .
All storm pipe, other than culverts for existing
channels, which discharge from residential lots to a street or from
a street to residential lots shall extend from the street right-ofway a minimum distance of two-thirds (2/3) the length of the
longest lot dimension adjacent to the street .
18 . The proposed stormwater discharge at the perimeter of the
site shall not be beyond the capacity of any existing, immediately
contiguous, stormwater management facility into which it flows .
19 . Storm pipes which discharge to a detention or retention
basin shall be located as to outlet directly to the basin floor .
20 . Endwalls and end sections shall be used where stormwater
runoff enters or leaves the storm sewer horizontally from a natural
or manmade channel .
21 . Storm facilities not located within a public right-of-way
shall be centered within an easement .
F.
Design Standards-Erosion and Sedimentation . Control .
1 . The applicant must comply with the Erosion Control Rules
and Regulations of Title 25, Rules and Regulations, Part I .
Department of Environmental Protection, Subpart C . Protection of
Natural Resources, Part 2 . Water Resources, Chapter 102, Erosion
Control, as amended from time-to-time .'
2 . The design plan and construction schedule shall incorporate measures to minimize soil erosion and sedimentation .
3 . The following principles shall be applied to the design
plan and construction schedule to minimize soil erosion and
sedimentation .
a.
Erosion and sedimentation controls designed in
conformance with the Department of Environmental Protection
Erosion and Sedimentation Pollution Control Program Manual
shall be implemented during the construction and post-construction periods to prevent soil erosion, sedimentation and
other pollutants from entering streams, lakes, etc .
b.
Whenever feasible, natural vegetation shall be
retained and protected .
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(22,
§608(F) (3), cont'd)
(22
§608(F) (3),
cont'd)
c . The extent of the disturbed area and the duration of
its exposure shall be kept to a minimum . Stockpiles to remain
in place longer than twenty (20) days shall be seeded .
d . It shall be the contractor's responsibility during
construction to prevent soil pollution to neighboring property, public streets and streams . Soil dropped from construction equipment and sedimentation shall be immediately removed
from roads, public and private property and streams .
e . Drainage provisions shall accommodate the stormwater
runoff both during and after construction .
f . Soil erosion and sedimentation facilities shall be
installed prior to any onsite earth disturbance .
4 . The maximum swale, gutter or curb velocity of 'stormwater
runoff shall be maintained at levels which result in a stable
condition both during and after construction . The following are
considered characteristics of a stable condition :
a.
limits .
It neither aggrades orr degrades beyond tolerable
b . The channel banks do not erode to the extent that the
channel cross section is changed appreciably .
c . Sediment bars do not develop .
d . Erosion does not occur around culverts and bridges
or elsewhere .
e . Gullies do not form or enlarge due to the entry of
uncontrolled stormwater runoff .
5 . Grass lined channels shall be considered stable if the
calculated velocity does not exceed the allowable velocities shown
below :
a . Three (3) feet per second where only sparse vegetation can be established and maintained because of shade or
soil condition .
b.
Four (4) feet per second where normal growing
conditions exist and vegetation is to be established by
seeding .
c . Five (5) feet per second where a dense, vigorous sod
can be quickly established or where water can be temporarily
diverted during establishment of vegetation . Netting and
mulch or other equivalent methods for establishing vegetation
shall be used .
d . Six (6) feet per second where there exists a well
established sod of good quality .
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(22,
§608(F)(6))
(22, §608 (F) (6) )
6 . Where swale bends occur, the allowable velocities listed
above shall be divided by the following factors :
a.
Swale bends 0 to 30 degrees
1 .50
b.
1 .75
c.
2 .00
d.
Swale bends 90 degrees and over
2 .50
These calculated- grass-lined channel flows may be exceeded if the
designer can provide acceptable supportive design criteria as proof
of erosion, prevention . Where the velocity of stormwater runoff
exceeds the allowable velocity, erosion protection must be
provided .The method of erosion protection proposed must be
supported by the appropriate design information and/or references .
7 . Flow velocities from any storm sewer may not result in a
deflection of the receiving channel .
8 . Energy dissipators shall be placed at the outlets of all
storm sewer pipes, culverts and bridges where flow velocities
exceed maximum permitted channel velocities .
G.
Best Manaqement Practices
( BMP) .
1 . Best management practices (BMPs) should be implemented in
Adamstown Borough in order to protect the Borough's water quality .
BMPs should be applied to all subdivision and land development
plans and other activities regulated by the stormwater provisions
of this Chapter . (see Appendix No . 34) .
2 . The purpose of these design standards is to provide
designers with guidance to meet (BMP) requirements . This field is
in its infancy and modifications will be necessary as new methods
become available . Innovations are strongly encouraged in order to
meet the objectives at a reasonable cost .
3 . The strategy employed avoids the use of performance
standards related to effluent standards . Instead, it establishes
a suggested long-term storage volume to be provided with any
proposed land use . Other design methods are available and may be
utilized provided documentation is furnished and the Borough
approve the design . Other measures of control, including the use
of natural open space, may be substituted for structural measures .
The use of nonstorage related measures must be carefully evaluated
to ensure the water quality goals are being met .
4.
General Conditions .
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(22,
§608(G)(4)
cont'd) .
a.
(22,
§608(G)(4),
cont'd)
Minimize onsite impervious area .
1)
onsite .
Preserve natural wooded cover and drainageways
2)
Pervious surfaces such as porous pavement and
gravel are considered BMPs .
b . Maximize the amount of onsite drainage areas that are
directed to BMPs . Minimum accepted area is seventy (70)
percent of the site . Impervious areas shall be directed to
BMPs .
c . Minimize directly connected impervious area . Promote
natural removal of pollutants using vegetation and soil .
Direct impervious area runoff to pervious area .
For example :
Roof downspouts to lawns .
Driveways to lawns .
Parking areas to lawns or grassed swales .
d . Minimize mixing of offsite and onsite runoff, unless
the upstream drainage area is insignificant in size .
e . Delay construction of BMPs until all other land
disturbing activities are complete to minimize the potential
for clogging and maintenance or remedial action .
f . Incorporate the site's soil conditions to ensure the
maximum life of facility .
g . Use water tolerant vegetation (orchard and bermuda
grass, perennial rye, fescue and reed canary grass,) in swales
with slopes of two (2) percent or less and where swale dikes
are utilized .
h . Provide a length to width ratio in basins/ponds of
at least 2 :1 and avoid short circuiting . Maximize the
distance between inflow and outflow .
i.
outlets .
Provide proper erosion protection at all pipe
j . Utilize underdrains for all ponds . May be used as
BMP outlet if properly sized .
k . Size BMP outlets to release water at a rate producing
approximately a thirty-six (36) hour drawdown time . Orifices
should be sized to accomplish this (minimum one-half (1/2)
inch diameter holes) . To prevent clogging around a vertical
riser, use a cone of gravel or a noncorrosive fine-mesh
screen . .
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(22,
§608(G)(4),
cont'd)
(22,
§608(G)(4),
cont'd)
1.
Infiltration trenches provided for stormwater
management do not require additional storage volume calculations for BMP .
m.
5.
Minimize disturbed project area .
SystemofControls .
a.
The Adamstown Borough approach to protect water
quality is to minimize the impact of pollutants in stormwater
runoff through a system of controls . These controls can be
at the source, in the lot, at the site or at some regional
facility . Examples are listed below :
b.
Source Controls .
Eliminate the opportunity for
pollutants to mix with stormwater runoff .
1) Street sweeping .
2) Cover chemical storage areas .
3) Dike potential spill areas .
4) Regular sediment removal from drainage system .
c . Lot Controls . Minimize the potential for concentrating pollutants and concentrating stormwater runoff .
Minimize directly connected impervious areas .
2) Minimize impervious areas :
Utilize grass swales and filter strips .
4) Utilize infiltration trenches, where applicable .
5) Utilize porous pavement .
d . Site Controls . Structural methods required to meet
storage volume requirements and water quality objectives .
1) Grass swales .
2) Infiltration basins .
3) Detention ponds .
4) Wetlands .
e.
Regional Controls
(D .A . > 100 Acres)- offsite
structural measures for large projects .
1) Detention ponds
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(22, §608(G)(5),
cont'd)
(22, §608(G)(5), cont'd)
Retention ponds .
H.
StormwaterManagement Districts .
1 . The Borough shall comply with the applicable provisions of the
Lancaster County Stormwater Management Plan upon adoption of said plan .
If the provisions of this Chapter are sufficient to regulate, development
within the Borough in a manner consistent with the Lancaster County
Stormwater Management Plan, this Chapter shall be deemed to satisfy the
requirements of Section 11(b) of Act 167 without the necessity of reenactment .
I.
Floodplains .
1 . Floodplain areas shall be established and preserved as provided
by the Borough Zoning Ordinance [Chapter 27] .
2 . Whenever a floodplain is located within or along a lot, the
plan shall include the boundary of the floodplain and the elevation or
locational dimensions from the centerline 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 (2) feet above the
one hundred (100) year flood elevation .
(Ord . 282,
§609 .
4/1/1997, §608)
Landscaping .
A.
Buffer Planting .
Buffer planting shall be provided along the rear
of reverse frontage lots . Parking and building are prohibited within the
buffer area . The use of the buffer area for accessways shall be limited .
Buffer areas shall include a suitable and uninterrupted evergreen planting of
a minimum height of thirty-six (36) inches (at the time of planting) and
sufficient density to give maximum screening . Such screening shall be
permanently maintained and replaced where necessary to present an attractive
appearance .
B . Commercial and Industrial Landscaping . A completely planted visual
barrier, designed to reach sufficient density within five (5) years, shall be
provided between any commercial or industrial use and the contiguous tracts .
1 . An equivalent barrier shall be provided between residential
uses of differing density .
2 . Any portion of the commercial or industrial tract which is not
used for buildings, structures, parking, etc ., shall be planted or
landscaped in accordance with an overall plan to be approved by the
Borough Council and the Borough Engineer .
3 . The perimeter of all commercial and industrial parking areas
and all mechanical equipment which is not enclosed shall be screened .
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(22, §609(C))
(22,
§609(C))
C . Existing Wooded Areas . Existing wooded areas shall be protected to
prevent unnecessary destruction . A maximum of fifty (50) percent of the
number of trees (minimum trunk caliper of five (5) inches at twelve (12)
inches above ground) that exist at that time of plan submission may be
removed . At the completion of construction, the minimum number of trees,
existing or replacement, shall equal or exceed sixty-five (65) percent of the
number of trees (of the minimum size detailed above) existing at the time of
plan submission . Replacement trees shall be a minimum trunk caliper of two
(2) inches at a height of six (6) inches above finished grade and shall be
located in the area from which existing trees were removed .
D . Shade Trees .
following standards :
Shade trees shall be required by the Borough with the
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 Borough .
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 caliper of the trunk, measured at a height of six (6)
inches above finished grade, shall be a minimum of two (2) inches .
4 . Trees shall be planted between the street right-of-way line and
the building setback line except where the Borough has authorized
placement of trees within the street right-of-way ., The tree 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 including proper guying and staking .
6 . Requirements for the measurements, branching, grading, quality,
balling and 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, 1-1973, as amended .
7 . One (1) street tree shall be provided for each building
containing two (2) or less dwelling units and two (2) trees for
buildings containing three (3) of more dwelling units .
8 . A minimum of one (1) street tree shall be provided for each
residential lot and spaced not less than forty (40) feet nor more than
sixty (60) feet apart along the entire length of each existing or
proposed street . In commercial and industrial zoning districts, street
trees shall be provided with each land development plan and spaced not
less than forty (40) feet nor more than sixty (60) feet apart along each
street frontage .
9 . Street trees shall be subject to the review and approval of the
Borough of Adamstown .
10 . Street trees shall be selected from the following species :
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(22, §609(D)(10), cont'd)
(22, §609(D)(10), cont'd)
Acer rubrum cultivars
Red Maple
Aesculus x cornea
Red Horsechestnut
Cladrastus lutea
American Yellowwood
Fraximus pennsylvania cultivars
Green Ash
Ginkgo biloba (males only)
Ginkgo
Gleditsia triancanthos inermis
cultivars
Thornless Honey Locust
Liquidambar styraciflua
Sweet Gum
Nyssa sylvatica
Black Tupelo
Quercus acutissima
Sawtooth Oak
Quercus phellos
Willow Oak
Quercus rubra
Red Oak
Sophora japonica
Japanese Pagoda Tree
Tilia cordata
Littleleaf Linden
Tilia x euchlora
Crimean Linden
Tilia tomentosa
Silver Linden
Zelkova serrata cultivar
Japanese Zelkova
Pyrus calleryana Redspire
Redspire Pear
GroundCover .
Ground cover shall be provided, on all areas of the
E.
project to prevent soil erosion . All areas which are not covered by paving,
stone or other solid material shall be protected with a maintained vegetative
growth . Ground cover shall conform to the standards and recommendations of
the American Association of Nurserymen, Inc ., in the American Standard for
Nursery Stock, as amended .
(Ord . 282,
§610 .
4/1/1997, §609)
Sanitary Sewage Disposal and Water Supply .
A . Sanitary Sewage Disposal . The applicant shall be required to extend
and/or connect to the public sewer system .
1 . When the Borough, in accordance with the Pennsylvania Sewage
Facilities Act, Act 537 of 1966, as amended, determines the necessity
for a sewer facilities plan revision (plan revision module for land
development) or supplement, the Borough Council shall require that
notice of approval from DEP be submitted as a condition of final plan
approval .
2 . If the applicant proposes connection to the public sewer
system, the sewerage installation shall be in accordance with the
specifications
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(22,
§610(A)(2),
cont'd)
(22,
§610(A)(2),
of the Borough .
The Borough shall establish requirements
ownership and maintenance of such system .
B.
cont'd)
for the
Water Supply .
1.
The applicant shall extend and/or connect to the existing
public water system .
2 . If the applicant proposes extension or and/or connection to the
public water system, the locations and kind of fire hydrants shall be
in accordance with the specifications of the Borough in concert with the
local fire department thread requirements .
3 . If the applicant proposes extension of and/or connection to the
public water system, the installation and construction shall be in
accordance with the specifications of the Borough . The Borough shall
establish requirements for the ownership and maintenance of such system .
(Ord . 282, 4/1/1997, §610)
§611 .
Public Dedication of Park and Open Space Land . All residential
subdivisions and land developments shall provide park and open space land
which shall be dedicated to the Borough . The developer may request that the
Borough not require the dedication of land, and any such request should be
accompanied by an offer to pay a fee in lieu of dedication of the land,
computed in accordance with the guidelines provided herein, an offer to
construct recreational facilities and/or an offer to privately reserve land
for park. or recreation purposes .
A . The land reserved for park and open space usage shall be a single
lot which shall comply with applicable requirements of this Chapter, the
Borough Zoning Ordinance [Chapter 27], and the following requirements :
1 . The park and open space land shall be reasonably located so as
to serve all the residents of the subdivision or land development .
2 . No stormwater management facilities designed to retain or
detain water from other portions of the development shall be permitted
on such land reserved for park and open space .
3 . In the event that the tract contains natural features which are
worthy of preservation, the developer may request that the Borough
Council permit the provision of recreational land configured in such a
manner as to best preserve natural features .
4 . The park and open space land shall be accessible from -a public
street or shall adjoin and become part of an already existing public
park or open space area which is accessible from a public street .
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(22,
§611(A)(5))
(22, §611 (A) (5) )
5 . 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 .
6 . If the adjoining property has previously been developed
and recreational land has been provided at the boundary of that
previously developed property, the Borough Council shall require
that the park and open space land required of the development shall
be located adjoining the previously provided recreational land .
7 . If the adjoining property is undeveloped land, the Borough
Council shall require that such land be'provided at the property
boundary of the development in order that it may be added to land
provided for park and open space purposes on the adjoining tract
at such time that the adjoining property is developed .
B . Consistent with the standards of the National Recreation and
Park Association (NRPA) and the Cocalico Region Recreation, Parks and
Open Space Plan, the amount of park and open space land required to be
dedicated shall equal at least one (1) acres per one hundred (100)
projected residents or fraction thereof . The developer shall provide the
Borough with information concerning the estimated population density
based upon the number and type of dwelling units proposed . In the event
of a dispute as to the estimated population of the proposed residential
subdivision or land development, the determination of Borough Council
shall control .
C . The developer may request that the Borough Council permit the
provision of park and open space land other than through public
dedication of land as set forth above . The developer shall set forth,
in writing, the means by which he will fulfill this requirement which
may include the payment of a fee in lieu -of dedication of all or a
portion of the amount of land required to be dedicated, construction of
recreational facilities, the private reservation of land or any
combination of dedication, fees, construction of recreational facilities, or private reservation .
1.
If a fee in lieu of dedication is proposed by the
developer and approved by Borough Council, said fee shall be equal
to the average fair market value of the land otherwise required to
be dedicated under this Section . The formula to be used in
computing the fee based upon fair market value shall be as follows
N x (average FMV of one acre) = fee
Where N = the number of acres required to be dedicated for
park and open space purposes, calculated in accordance with §611(B)
and FMV = Fair Market Value .
The applicant shall provide the Borough Council with all
information necessary to determine the fair market value of the
land including, but not limited to, the following :
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(22,
§611(C)(1),
cont'd)
(22,
§611(C)(1),
cont'd)
a . If the applicant is the equitable owner, or purchased
the land in fee simple less than two (2) years prior to the
preliminary or final plan submission, a copy of the agreement
of sale or real estate transfer tax affidavit of value .
b . If the applicant is the equitable owner or purchased
the land in fee simple more than two (2) years prior to the
preliminary or final plan submission, an opinion of value of
the property by a State certified appraiser acceptable to
Borough Council .
Any applicant aggrieved by the fee established shall have the
right to secure a second opinion of value of the property by a
State certified appraiser acceptable to Borough Council . The two
(2) estimated values shall be averaged, with the result being the
amount upon which the fee will be based .
Such fee shall be payable to the Borough prior to the
recording of each final phase of the plan and shall be in an amount
equal to the percentage of the total number of dwelling units in
the phase .
All fees shall be held and used by . the Borough in accordance
with the requirements of Article V of the Municipalities Planning
Code .
2 .
If the developer proposes to construct recreational
facilities, the developer shall present a sketch plan of such
facilities and an engineer's estimate of the cost of construction .
3 . If the developer proposes the private'reservation of land,
the developer shall provide for the maintenance of such land
through either the inclusion of such land as common elements of a
condominium or the creation of a home owners association which
shall meet the requirements for a unit owners association contained
in the Pennsylvania Uniform Condominium Act, 68' Pa . C .S . §3101 et
sue. Such documentation shall be recorded, shall provide that the
land cannot be further developed and shall give the Borough the
rights to maintain the land as set forth in Article VII of the
Municipalities Planning Code dealing with the maintenance of common
open space in planned residential developments . Notwithstanding the
foregoing, the developer may request that the Borough Council
approve transfer of the land to an organization dedicated to the
conservation of natural resources with deed restrictions preventing
further development acceptable to the Borough Solicitor .
4 . The developer shall enter into an agreement with the
Borough setting forth the fees to be paid, the facilities to be
constructed or the land to be privately reserved and the method of
its maintenance . All such agreements shall be in a form satisfactory to the Borough Solicitor and shall be provided prior to final
plan approval .
(Ord .
282,
4/1/1997, §611)
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(22,
(22,
§612)
§612 .
RefuseCollection
§612)
(Dumpster) Stations .
A . Outdoor collection stations shall be provided for garbage and trash
removal when individual collection is not made and indoor storage is not
provided .
B . Collection stations shall be located so as to be separated
adequately from habitable buildings to avoid being offensive, but at the same
time be convenient for both collectors and residents and shall be screened
and/or landscaped adequately so as to continue the aesthetic characteristics
of the surrounding neighborhood . The Borough shall determine if the proposed
screening is adequate .
C . Collection stations shall be so constructed as to prevent the escape
of refuse by wind, water or other natural elements and prevent animals,
rodents, etc ., from entering .
(Ord . 282,
§613 .
4/1/1997, §612)
Stripping,
Piling, Replacement or Removal of Topsoil .
A . Initial construction on the subdivision site shall consist of
stripping and piling of topsoil from all areas planned to be disturbed . Upon
completion of other construction, the entire amount of topsoil stripped shall
be replaced on the subdivision site . No topsoil shall be disposed of, by
sale or otherwise, off the site of the subdivision . Subsoil may be disposed
at the option of the subdivider .
(Ord . 282, 4/1/1997, §613)
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(22,
§701)
(22, §701)
ARTICLE VII
MOBILE HOME PARKS
§701 . General . Mobile home park plans shall be processed in accordance
with the requirements for land development plans in Article IV of this
Chapter and the Borough Zoning Ordinance [Chapter 27] . The design standards
shall comply with applicable sections of each ordinance . Where design
standards conflict between this Chapter and any other ordinance, the most
stringent standard shall apply .
(Ord . 282, 4/1/1997, §701)
§702 . Lot Size and/or Density . Lot size and density shall comply with
(Ord . 282, 4/1/1997, §702)
§703 .
Water Supply .
All mobile home parks shall be connected to the
public water system, as further required in the Borough Zoning Ordinance
[Chapter 27] . All water supply systems shall be provided in accordance with
(Ord . 282, 4/1/1997, §703)
§610(2) of this Chapter .
Sewage Disposal .
All mobile homes and service buildings shall
§704 .
be connected to a public sewer system, as further required in the Borough
(Ord . 282, 4/1/1997, §704)
§705 .Storm Drainage, Erosion and Sedimentation, and Floodplain
Controls . All mobile home parks shall conform to the requirements of §608 of
(Ord . 282, 4/1/1997, §705)
this Chapter .
§706 .
Interior Streets . All interior streets shall remain private and
be constructed in accordance with the requirements of the Borough Zoning
Ordinance [Chapter 27] .
(Ord . 282, 4/1/1997, §706)
§707 .
Vehicular Parking Facilities .
Off-street parking spaces shall
be provided in all mobile home parks, in accordance with the requirements of
the Borough Zoning Ordinance [Chapter 27] . The spaces shall be designed in
the accordance with this Chapter and/or the Zoning Ordinance [Chapter 27] .
Mobile home parks shall also provide off-street parking spaces for visitors .
The number of visitors spaces shall be at least one-half (1/2) space per
dwelling unit .
(Ord . 282, 4/1/1997, §707)
§708 .
Pedestrian Walkways .
Pedestrian walkways shall be provided for
all interior streets in accordance with the requirements of the Borough
(Ord . 282, 4/1/1997, §708)
§709 .
Lighting .
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(22, §709(A))
(22, §709(A))
A . All internal streets, access drives and parking compounds shall be
lighted to provide an average minimum two (2) footcandle level of illumination at an elevation of three (3) feet above grade for the safe movement of
pedestrians and vehicles at night . All lighting shall be so arranged as to
reflect the light away from adjoining premises and public rights-of-way . A
lighting plan shall be provided for approval to establish conformance with
these standards in respect to style, lighting pattern and placement . .
B . Building accent lighting shall consider the effect of the lighting
on building occupants and neighbors . Landscape accent lighting, including
uplighting for trees and buildings and low down lights, shall be of low
intensity and shall be designed to prevent shadows or glare on adjacent
public ways .
C . Pedestrian lighting shall illuminate walkways either from low level
accent lights or uniform height ten - twelve (10-12) feet light standards
which clearly and safely identify the circulation path .
D . Architectural lighting shall compliment the building elements in a
functional manner and the design of the street and pedestrian lighting shall
be coordinated throughout the site . The quality of lighting, including color,
intensity and shielding of sources shall be deemed an integral part of the
overall design plan .
(Ord . 282,
4/1/1997, §709)
§710 .
Landscaping .
Landscaping shall be provided in accordance with
(Ord . 282, 4/1/1997, §710)
§711 .
Buildinq Setbacks and Separations .
Mobile homes shall conform
to the building setback requirements of the Borough Zoning Ordinance [Chapter
271 .
(Ord . 282, 4/1/1997, §711)
§712 .Solid Waste Disposal .
Solid waste disposal shall be the
responsibility of the mobile home park operator and shall be performed in
accordance with the requirements of DEP . Provisions shall be made for solid
waste collection at least once per week . No centralized waste collection
station shall be located on the park site .
(Ord . 282, 4/1/1997, §712)
§713 .
Open Space Requirements .
A.
Useable Open Space .
All mobile home parks shall provide not less
than ten (10) percent of the total land area for useable open space purposes .
Useable open space shall be located as to be free of traffic hazards and
should, where the topography permits, be centrally located and easily
accessible to all park residents .
B.
Play Areas .
Adequate areas shall be provided for play space for
children . A minimum of three thousand (3,000) square feet of play space shall
be provided for parks of ten (10) or fewer mobile home lots and an additional
two hundred (200) square feet of play space shall be provide for each mobile
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(22,
§713 (B) , cont'd)
(22, §713(B), cont'd)
home lot in excess of ten (10) . Play areas shall be suitably equipped and
landscaped to provide safe activities for children over a wide range of age .
Play areas shall meet the standards of the Americans with Disabilities Act
(ADA) for accessibility and Consumer Product Safety Commission (CPSC) safety
guidelines .
(Ord . 282, 4/1/1997, §713)
§714 .
Other Site Improvements .
A . Public Telephone .
the mobile home park .
One (1) public telephone shall be provided within
B.
Television Reception .
Television reception service shall be
provided from a centralized antenna service or community cable system .
(Ord . 282,
4/1/1997, §714)
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(22,
§801)
(22,
§801)
ARTICLE VIII
ADMINISTRATION, ENFORCEMENT AND PENALTIES
§801 .Fees .
A.
FeeResolution .
1 . The Borough Council shall establish by resolution a collection
procedure and schedule of fees to be paid by the applicant at the time
of submission of all plans .
2 . Fees for all other permits required for and by the Borough
shall be established by the resolution .
3 . Said schedule of fees shall be posted in the Borough Office .
B.
Engineerinq Fees .
1 . Engineering fees required to be paid in accordance with this
Article shall be paid to the Borough by the applicant for the below
listed services :
a . Reviewing all information submitted in conformance with
provisions of this Article . This includes all originally submitted
and revised plans, reports and specification .
b . Inspecting the layout of the site for conformance to the
submitted survey, plan and specifications .
c . Reviewing planning modules for land development .
d.
Reviewing cost estimates of required improvements as
submitted by the developer .
e . Inspecting required improvements during construction .
f . Final inspections of completion of installation of the
required improvements .
g.
Such other technical services as deemed necessary or
required by the Borough .
C.
Leqal Fees .
1 . Legal fees incurred by the Borough for the review of all
information submitted for conformance with provisions of this Chapter
or other similar services, shall be paid to the Borough by the applicant .
(Ord . 282, 4/1/1997, §801)
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(22,
§802)
(22, §802)
Waivers .
The provisions of these regulations are intended as a
§802 .
minimum standard for the protection of the public health, safety and welfare .
If the literal compliance with any mandatory provision of these regulations
is shown by the applicant to the satisfaction of the Borough Council present
at a public meeting to be unreasonable and to cause undue hardship as it
applies to the particular property, the Borough Council may grant a waiver
from such mandatory provision so that substantial justice may be done and the
public interest secured while permitting the reasonable utilization of the
property . However, the granting of a waiver shall not have the effect of
making null and void the intent and purpose of this Chapter .
(Ord . 282,
4/1/1997, §802)
§803 .
A.
All requests for waivers shall be made in accordance with the
provisions of §309 of this Chapter .
B . Should a revision to a submitted plan require a waiver which was not
apparent at the time of the initial plan submission, the request for a waiver
shall be submitted in accordance with §309 of this Chapter .
(Ord . 282, 4/1/1997, §803)
§804 . Action on Waiver Applications . At a public meeting, the Borough
Council shall review the request to determine if the literal compliance with
any mandatory provision of this Chapter is demonstrated by the applicant to
exact undue hardship because of peculiar conditions pertaining to the land in
question ; provided, that such modification will not be contrary to the public
interest and that the purpose and intent of this Chapter is observed . The
applicant shall demonstrate that an alternative proposal will allow for equal
or better results and represents the minimum modification necessary . If the
Borough Council determines that the applicant has met his burden, it may
grant a waiver from the literal compliance with the terms of this Chapter .
In granting waivers, the Borough Council may impose such conditions as will,
in its judgement, secure the objectives and purposes of this Chapter . When
a waiver is granted with conditions, a statement of the approved waiver
including 'the imposed condition(s) shall be provided on the final plan .
(Ord . 282, 4/1/1997, §804)
§805 . Enforcement .
It shall be the duty of the Borough Council and/or
their duly authorized representative to enforce the provisions of this
Chapter . The Zoning Officer shall require that the application for a zoning
permit contain all information necessary to enable them to ascertain whether
the proposed building, alteration or use is located in an approved subdivision or land development . No zoning permit shall be issued until the Borough
has determined that the site for the proposed building, alteration or use
complies with all the provisions of this Chapter and conforms to the site
description as indicated on the approved and recorded final plan .
(Ord . 282,
4/1/1997, §805)
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(22, §806)
§806 .
A.
(22,
§806)
Violations, PenaltiesandPreventiveRemedies .
Violations .
1.
Any person, partnership, corporation or the members of such
partnership or the officers of such corporation, who or which, being the
owner or agent of the owner of any lot, tract or parcel of land, shall :
a . Lay out, construct, open and/or dedicate any street,
sanitary sewer, storm sewer, water main . or other improvement for
public use, travel or other purposes or for the common use of
occupants of buildings abutting thereon .
b . Sell, transfer or agree to enter into an agreement to sell
or transfer any land in a subdivision or land development, whether
by reference to or by use of a plan of such subdivision or land
development or otherwise .
c . Erect any building or buildings which constitute a land
development thereon .
d . Commence site grading or construction of improvements
prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in §306 herein, unless and until a final plan has been
prepared in full compliance with the provisions of this Chapter and
has been recorded as provided herein .
e . Fail to maintain, alter in a manner which impairs proper
functioning or remove improvements required to be installed by this
Chapter or by the provisions of any subdivision and land development ordinance previously in effect in the Borough in accordance
with the requirements of this Chapter or such previously in effect
ordinance commits a violation of this Chapter .
2 . Any person, partnership or corporation or the members of such
owner or agent of the owner of any lot, tract or parcel of land, shall
construct or permit the construction of any improvement or develop or
permit the development of any property in a manner which does not fully
comply with the approved improvement construction plan, land disturbance
plan or final plan, as applicable, commits a violation of this Chapter .
owner or agent of the owner of any lot, tract or parcel of land, shall
knowingly provide false information on any plan, report, certification
or other document required to be submitted by this Chapter commits a
violation of this Chapter .
owner or agent of the owner of any lot, tract or parcel of land, in any
other way takes action or permits another to take action not authorized
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(22, §806(A)(4),
cont'd)
(22, §806(A)(4),
cont'd)
by this Chapter or contrary to the provisions of this Chapter commits
a violation of this Chapter .
B.
Penalties for Violation .
1 . Any person who shall violate any of the provisions of this
Chapter in conjunction with or related to an activity constituting a
subdivision or land development (whether or not Borough Council has
required the filing of a subdivision or land development plan), shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than five hundred
($500 .00) dollars plus all court costs, including reasonable attorney's
fees incurred by the Borough as a result thereof . No judgment shall
commence or be imposed, levied or payable until the date of the
determination of a violation by a district justice . If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure . Each
day that a violation continues shall constitute a separate violation
unless the district justice, determining that there has been a violation, further determines that there was a good faith basis for the
person, partnership or corporation violating this Chapter to have
believed that there was no such violation . If the district justice makes
a determination of good faith, there shall be deemed to have been only
one (1) such violation until the fifth (5th) day following the date of
determination of a violation by the district justice, and thereafter
each day that a violation continues shall constitute a separate
violation .
2 . For each violation of a provision of this Chapter which is not
committed in conjunction with or related to an activity constituting
subdivision or land development (as those terms are defined in the
Municipalities Planning Code), the owner, agent, lessee or contractor
or any other person who commits, takes part in or assists in any such
violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than two hundred ($200 .00) dollars nor
more than one thousand ($1,000 .00) dollars for each offense, together
with the costs of prosecution . Each day or portion thereof in which a
violation exists shall be considered a violation of this Chapter and
each section of this Chapter which is violated shall be considered a
separate violation .
C.
Remedies .
1 . The Borough may institute and maintain actions at law or in
equity to restrain, correct or abate violations of this Chapter, to
prevent unlawful construction, to recover damages and/or prevent illegal
occupancy of a building, structure or premises .
2 . The Borough may refuse to issue any permit or grant any
approval necessary to further improve or develop any real property which
has been developed or which has resulted from a subdivision or land
development of real property in violation of this Chapter . The authority
to deny such permit or approval shall apply to any of the following
applicants :
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(22,
§806 (C) (2) ,
cont'd)
(22, §806(C)(2), cont'd)
a . The owner of record at the time of such violation .
b . The vendee or lessee of the owner of record at the time
of such violation without regard to whether such vendee or lessee
had actual or constructive knowledge of the violation .
c . The current owner of record who acquired the property
subsequent to the time of the violation without regard as to
whether such current owner had actual or constructive knowledge of
the violation .
d . The
acquired the
regard as to
knowledge of
vendee or lessee of the current owner of record who
property subsequent to the time of violation without
whether such vendee or lessee had actual constructive
the violation .
3 . As an additional condition for the issuance of a permit or the
granting of an approval to any such owner, current owner, vendee or
lessee for the development of any such real property, the Borough may
require compliance with the conditions that would have been applicable
to the property at the time the applicant acquired an interest in such
real estate .
(Ord . 282, 4/1/1997, §806)
Page Added 12/2/199.7
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(22, §901)
(22,
§901) -
ARTICLE IX
LONG TERM MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES
AND OTHER IMPROVEMENTS
§901 . Maintenance of Streets . The developer shall maintain all streets
in the subdivision or development in travelable condition, including the
prompt removal of snow and ice therefrom, until such time as the streets are
accepted by the Borough as part of the Borough highway system ; or, if such
streets are not to be dedicated, until a homeowners association or other
entity responsible for the maintenance of the streets has been formed and has
accepted such maintenance responsibility .
(Ord . 282, 4/1/1997, §901)
§902 .Maintenance of Stormwater
Facilities after Physical Completion .
Mana ement Facilities and BMP
A . It is the purpose of this Article that the Borough shall not become
responsible for maintenance and supervision of developed areas .
Such
responsibility falls upon the party responsible for land development who
shall remain personally responsible for those areas of the development which
are subject to the requirements of this Article . This responsibility may be
retained or assigned to third persons as is deemed most acceptable to the
party responsible for land development . In the event that any portion of land
development would, - but for the existence of areas requiring maintenance
subject to this Article, be dedicated to the Borough, the contractor or
developer may make application to the Borough for acceptance by the Borough
of such portions of the land development . In the event that the Borough,
by formal action, accepts such portions of land development, maintenance and
responsibility for such portions shall fall upon the Borough .
B . It is the intent of this Article that the purposes of the Article
shall be carried out through the exercise of 'responsibility by private
parties and therefore it is anticipated that control plans shall be developed
with the view towards projects which can effectively be contained within the
tracts to be owned and maintained by private parties . To foster this
purpose, with respect to portions or parts of a project as shown on a plan of
a developer or contractor, which portions will not otherwise become part of
municipal property, such portions shall become the responsibility of the
individual property owners on whose property such portions of a project lie
including but not limited to retention ponds, detention ponds, sediment
basins, energy dissipators or grassed water-ways . Where an applicant proposes
that the stormwater management facilities be maintained by an individual lot
owner, the applicant must be able to prove, to the satisfaction of Borough
Council, that said individual lot owner has the capability to maintain said
stormwater management facilities .
Persons including contractors and
developers conveying property of a development to another party, which
property contains any portions of a land disturbance plan, after that plan
has
been
established,
shall include a specific deed reference to such
grantee's responsibility for the maintenance and care of the portions of such
project as are included within said grantee's conveyed property .
The deed
reference to such portions shall be in the form of a deed restriction
imposing
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(22,
§902(B), cont'd)
(22,
§902(B ,
cont'd)
responsibilities upon said property owner for the maintenance of the portions
of the project within the boundary lines of said property as may be necessary
for proper maintenance of the project in accordance with the terms of this
Chapter . Such maintenance shall include the following :
1.
Liming and fertilizing vegetated channels and other areas
according to specifications in the "Penn State Agronomy Guide ."
2 . Reestablishment of vegetation by seeding and mulching or
sodding of scoured areas or areas where vegetation has not been
successfully established .
3 . Mowing as necessary to maintain adequate strands of grass and
to control weeds . Chemical weed control may be used if State and local
regulations are met .
4 . Removal of silt from all permanent structures which trap silt
or sediment in order to keep the material from building up in grass
waterways thus reducing their capacity .
5 . Regular inspection of the areas in question to assure proper
maintenance and care .
6 . Removal of silt from all permanent drainage structures, in
particular BMPs, in order to maintain the design storage volumes .
Regular programs shall be established and maintained .
C . The deed restrictions hereinabove mentioned shall also include
notice that in the event the individual property owners should fail to comply
with the terms of this Chapter for the maintenance and care of the land in
question, the Borough shall have the authority to carry out those duties
hereby imposed upon individual property owners . The Borough may, after
giving notice to an individual property owner that he is not properly
maintaining the areas subject to this Article and by making demand that such
compliance shall be made within thirty (30) days, enter upon said private
property and take such actions as may be required to bring the area into
compliance with this Article . The Borough shall further have the right to
file a municipal lien against such property for the cost of maintenance work
carried out under this Section . The Borough shall, in addition to the filing
of a municipal lien, have any other remedies provided by law against any
property owner who should fail to comply with the terms of this Article .
D . Stormwater management facilities existing on the effective date of
this Chapter on individual lots, which have not been accepted by the Borough
or for which maintenance responsibility has not been assumed by a private
entity such as a homeowners association, shall be maintained by the
individual property owners . Such maintenance shall include at a minimum
those items set forth in subsection (B) above . If the Borough determines at
any time that any permanent stormwater management facility has been
eliminated, altered, blocked through the erection of structures or the
deposit of materials or improperly maintained, the Borough may determine that
such condition constitutes a nuisance and shall notify the property owner of
corrective measures which are required, and provide for a reasonable period
of time, not to exceed thirty (30) days, within which the land-owner shall
take such corrective action . If the property owner does not take the
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(22, §902(D),
cont'd)
(22, §902(D), cont'd)
required corrective action, the Borough may either perform the work or
contract for the performance of the work and bill the property owner for the
cost of the work plus a penalty of ten (10) percent of the cost of the work .
If such bill is not paid by the property owner within thirty (30) days, the
Borough may file a municipal claim against the property upon which the work
was performed in accordance with applicable laws .
E . Where Borough Council accepts dedication of all or some of the
required stormwater management facilities following completion, Borough
Council may require the posting of financial security to secure structural
integrity of said facilities as well as the functioning of said facilities in
accordance with the design and specifications as depicted on the approved
stormwater management plan for a term not to exceed eighteen (18) months from
the date of acceptance of dedication . Said financial security shall be the
same type as required with regard to installation of such facilities, and the
amount of the financial security shall not exceed fifteen (15) percent of the
actual cost of installation of said facilities .
F . If the developer proposes the private reservation of stormwater
facilities, the developer shall provide for the maintenance of such
facilities through either the inclusion of such facilities as common elements
of a condominium or the creation of a home owners association which shall
meet the requirements for a unit owners association contained in the
Pennsylvania Uniform Condominium Act, 68 Pa .C .S . §3101 et sec. .
Such
documentation shall be recorded, shall provide that the land cannot be
further developed and shall . give the Borough the rights to maintain the land
as set forth in Article VII of the Municipalities Planning Code dealing with
the maintenance of common open space in planned residential developments .
(Ord .
282,
4/1/1997, §902)
§903 . Permanence of Stormwater Management Facilities . No person shall
modify, remove, fill, landscape or alter stormwater management facilities
and/or BMP facilities which may have been installed on a property unless
written permission has been obtained from the Borough to permit such
modification, removal, filling, landscaping or alteration . No person shall
place any structure, fill, landscaping or vegetation into a stormwater
management facility, a BMP facility or within a drainage easement which will
limit or alter the functioning of the facility or easement in any manner .
(Ord . 282, 4/1/1997, §903)
§904 .Maintenance of Street Trees and Landscaping .
A.
Obstructions to Vision . No bushes or shrubs exceeding thirty (30)
inches in height or at such lesser height which due to ground elevations
would obstruct the visions of motorists, shall be permitted within any
required clear sight triangle . All street trees shall be kept free of
branches and foliage from the ground level to a height of at least six (6)
feet .
B . Any tree, bush or shrub planted to meet a buffering, screening or
street tree requirement of the Adamstown Borough Zoning Ordinance [Chapter
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(22,
§904(B), cont'd)
(22,
§904(B),
cont'd)
27] or of this Chapter which dies shall be replaced within eighteen
months .
(Ord .
282,
4/1/1997, §904)
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(22, §1001)
(22,
§1001)
ARTICLE X
APPEALS, INTERPRETATION AND EFFECTIVE DATE
§1001 .
Appeals .
All appeals from decisions of the Borough Council in
the administration of this Chapter shall be made in accordance with the
provisions of the Municipalities Planning Code .
(Ord . 282, 4/1/1997, §1001)
§1002 .
Interpretation and Application of Provisions . In the interpretation and application of the provisions of this Chapter, said provisions
shall be deemed to be the minimum requirements necessary for the promotion
and protection of the public health, safety and welfare .
Where the
provisions of this Chapter and all standards and specifications implementing
it impose greater restrictions upon subdivision or land development than
those of any other Borough ordinance or any regulation or any applicable land
development agreement, the provisions of this Chapter and its standards and
specifications shall be controlling . Where the provisions of any statute,
regulation, other Borough ordinance or applicable land development agreement
impose greater restrictions upon subdivision or land development than this
Chapter, the provisions of such statute, regulation, other ordinance or
applicable land development agreement shall be controlling .
(Ord . 282,
4/1/1997, §1002)
§1003 .
Application of Ordinance . With the exception of §§1003(A) and
1003(B), the provisions of this Chapter shall apply to and control all
subdivisions and/or land developments whose plans have not been recorded in
the Office of the Recorder of Deeds prior to the effective date of these
regulations .
A . The provisions of this Chapter shall not adversely affect an
application for approval of a preliminary or final plan which was duly
filed with the Lancaster County Planning Commission and is pending
action at the time of the effective date of this Chapter and in which
case the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood at the
time the application had been duly filed . When a preliminary plan has
been duly approved, the applicant shall be entitled to final plan
approval in accordance with the terms of the approved preliminary plan .
However, if an application is properly and finally denied, any subsequent application shall be subject to the provisions of this Chapter .
B . If an applicant has received approval of a preliminary or final
plan prior to the effective date of this Chapter, no provision of this
Chapter shall be applied to adversely affect the right of the applicant
to commence and complete any aspect of the approved development in
accordance with the terms of such approval within five (5) years from
the date of such approval . When approval of the final plan has been
preceded by approval of a preliminary plan, the five (5) year period
shall be counted from the date of preliminary plan approval . If there
is any doubt as to the terms of approval, the terms shall be construed
in light of the provisions of the governing ordinances or plans as they
stood at the time when the application for such approval was duly filed .
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(22,
§1004)
(Ord . 282,
(22,
4/1/1997,
§1004)
§1003)
Construction .
Nothing in this Chapter 'shall be construed to
§1004 .
affect any suit or proceeding pending in any court or any rights or liability
incurred, or any permit issued, or any approval granted or any cause or
causes of action existing prior to the enactment of this Chapter .
(Ord . 282,
4/1/1997, §1004)
§1005 . Severability . The provisions of this Chapter are severable, and
if any Section, sentence, clause, part or provision hereof 'shall be held
illegal, invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining Sections,
sentences, clauses, parts or provisions of this Chapter . It is hereby
declared to be the intent of the Borough Council that this Chapter would have
been enacted if such illegal, invalid or unconstitutional section,' sentence,
clause, part, or provision had not been included herein .
(Ord . 282,
4/1/1997, §1005)
§1006 . Effective Date . This Chapter shall take effect and be in force
as provided by law .
(Ord . 282, 4/1/1997, §1006)
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APPENDICES
1.
Certificate of Accuracy (Plan)
2.
Certification of Accuracy (Survey)
3.
Stormwater Management Certification
4.
Certificate of Ownership, Acknowledgment of Plan Offer and Dedication
5.
Adamstown Borough Preliminary Plan Approval Certificate
6.
Adamstown Borough Improvement Construction Plan Approval
7.
Adamstown Borough Final Plan Approval
8 .
Adamstown Borough Approval Certificate for a Lot Add-On Plan
9 .
Adamstown Borough Planning Commission Review Certificate
10 . Lancaster County Planning Commission Review Certificate
11 . Recorder of Deeds Certificate
12 . Application for Consideration of a Subdivision and/or Land Development
Plan
13 . Application for Consideration of an Improvement Construction Plan
14 . Notice of Acceptance of an Improvement Guarantee
15 . Required Improvements Listing (form)
16 . Notice of Completion and Approval of Improvements
17 . Application for Consideration of a Waiver
18 . Standard Street Section Detail
19 . Standard Curb and Sidewalk Details
20 . Standard Parking Compound Details
21 . Safe Stopping Sight Distance Chart
22 . Notice of Approval of New Street Names
23 . Application for a Stormwater Management Permit
Minor Land Disturbance Activity
24 . Application for a Stormwater Management Permit
Major Land Disturbance Activity
25 . Stormwater Management Permit
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(22, Appendices)
(22, Appendices)
26 . Rainfall Intensity-Duration-Frequency Chart
27 .
Runoff Coefficients "C" for Rational Formula
28 .
Runoff Curve Numbers "CN"
29 .
Time of Concentration Nomograph
for SCS Method
30 . Certificate for Approval by Council
31 .
Certificate for Review by the Planning Commission
32 . Certificate for Review by the Borough Engineer
33 . Stormwater Management Certification
34 . Best Management Practices (BMP) Design Details
35 . Minor Land Disturbance Plan - Example
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APPENDIX NO . 1
CERTIFICATION OF ACCURACY (PLAN)
I hereby certify that, to the best of my knowledge, the plan shown and
described hereon is true and correct to the accuracy required by the
Adamstown Borough Subdivision and Land Development ordinance .
*
19
*Signature and seal of a professional registered in the Commonwealth of
Pennsylvania qualified to perform such duties and responsible for the
preparation of the plan .
APPENDIX NO . 2
CERTIFICATION OF ACCURACY (SURVEY)
I hereby certify that, to the best of my knowledge, the survey shown and
described hereon is true and correct to the accuracy required by the
Adamstown Borough Subdivision and Land Development Ordinance .
19
*
preparation of the plan .
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APPENDIX NO . 3
STORM DRAINAGE PLAN CERTIFICATION
I hereby certify that, to the best of my knowledge, the storm drainage
facilities shown and described hereon are designed in conformance with the
Adamstown Borough Subdivision and Land Development Ordinance .
19
preparation of the storm drainage plan .
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APPENDIX NO . 4
CERTIFICATE OF OWNERSHIP, ACKNOWLEDGMENT OF PLAN
AND OFFER OF DEDICATION
INDIVIDUAL
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LANCASTER
On this, the day of, 19 before me, the
undersigned officer, personally appeared , who being
duly sworn according to law, deposes and says that . he is the
of the property shown on this plan, that the plan thereof was made at his
direction, the he acknowledges the same to be his act and plan that all
necessary approval of the plan has been obtained and is endorsed thereon,
that he desires the same to be recorded and that all streets and other
property identified as proposed public property (excepting those areas "NOT
FOR DEDICATION") are hereby dedicated to the public use .
**
***
My Commission Expires ,
19
*
Identify ownership . or Equitable Ownership
**
Signature of the Individual
*** Signature and Seal of Notary Public or Other Authorized to Acknowledge
Deeds .
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APPENDIX NO . 4
COPARTNERSHIP
COUNTY OF LANCASTER
On this, theday of, 19, before me, the
undersigned officer, personally appeared
being the members of the firm of
who being duly sworn according to law, deposes and says
that the copartnership is the * of the
property shown on this plan, that the plan thereof was made at its direction,
that it acknowledges the same to be its act and plan that all necessary
approval of the plan has been obtained and is endorsed thereon, and desires
the same to be recorded, and that all streets and other property identified
as proposed public property (excepting those areas labeled "NOT FOR
DEDICATION") are hereby dedicated to the public use .
**
***
My Commission Expires
19
*
Identify Ownership or Equitable Ownership
**
Signature of the Individual
*** Signature and Seal of Notary Public or Other Officer Authorized to
Acknowledge Deeds .
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APPENDIX NO . 4
CORPORATE
COUNTY OF LANCASTER
On this, theday of 19 before me, the
undersigned officer, personally appeared
being *
of **
who being duly sworn according to law, deposes
and says that the corporation is the *** of the property shown on this plan, that he is authorized to execute said
plan on behalf of the corporation, that the plan is the act and deed of the
corporation, that the corporation desires the same to be recorded that all
necessary approval of the plan has been obtained and is endorsed thereon, and
on behalf of the corporation further acknowledges, that all streets and other
property identified as proposed public property (excepting those areas
labeled "NOT FOR DEDICATION") are hereby dedicated to the public use .
My Commission Expires
*
**
***
****
*****
******
Individual's Title
Name of Corporation
Identify Ownership or Equitable Ownership
Signature of Individual
Corporate Seal
Signature and Seal of Notary Public or Other Officer Authorized to
Acknowledge Deeds .
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APPENDIX NO . 5
ADAMSTOWN BOROUGH COUNCIL
PRELIMINARY PLAN APPROVAL CERTIFICATE
At a meeting on
, 19, the Adamstown
Borough Council granted PRELIMINARY PLAN APPROVAL of this project, including
the complete set of plans marked sheet(s) through which
form a part of the application dated , last revised _
and bearing Adamstown Borough File No .
This plan may not be recorded,in the office of the Lancaster County Recorder
of Deeds, nor may any construction be initiated .
BOROUGH OF ADAMSTOWN Lancaster and
Berks Counties,
Pennsylvania
Attest :
(Assistant) Secretary
By :
(Vice) President
Borough Council
[BOROUGH SEAL]
APPENDIX NO . 6
IMPROVEMENT CONSTRUCTION PLAN APPROVAL CERTIFICATE
At a meeting on
, 19, the Adamstown
Borough Council granted IMPROVEMENT CONSTRUCTION PLAN APPROVAL of this plan,
bearing Adamstown Borough File No .
When combined with
the necessary Borough and/or Commonwealth approvals and permits, this
approval grants the authority to install the improvements required by the
Adamstown Borough Subdivision and Land Development Ordinance . This plan may
not be recorded in the office of the Lancaster County Recorder of Deeds .
Berks Counties,
Pennsylvania
Attest :
By :
(Vice) President
Borough Council
[BOROUGH SEAL]
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APPENDIX NO . 7
FINAL PLAN APPROVAL CERTIFICATE
, 19, the Adamstown
At a meeting held on Borough Council approved this project including the complete set of plans and
information which are filed with the Borough Council in File No .
based upon its conformity with the standards of the Adamstown Borough
Subdivision and Land Development Ordinance .
Berks Counties,
Pennsylvania
Attest :
By :
(Vice) President
Borough Council
[BOROUGH SEAL]
APPENDIX NO . 8
APPROVAL CERTIFICATE FOR A LOT ADD-ON PLAN
This lot add-on plan, bearing Adamstown Borough File No . approved
by the Adamstown Borough Council this day of , 19
Berks Counties,
Pennsylvania
Attest :
By :
(Vice) President
Borough Council
[BOROUGH SEAL]
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APPENDIX NO . 9
ADAMSTOWN BOROUGH PLANNING COMMISSION
REVIEW CERTIFICATE
, 19, the
At a meeting held on
Adamstown Borough Planning Commission reviewed this plan and a copy of the
review comments is on file in the Borough office .
*Signatures of the Chairman and Secretary or their designees .
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APPENDIX NO . 10
LANCASTER COUNTY PLANNING COMMISSION
REVIEW CERTIFICATE
The Lancaster County Planning Commission, as required by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, reviewed this
plan on
19, and a copy of
the review is on file at the office of the Planning Commission in LCPC File
No . This certificate does not indicate approval or
disapproval of the plan by the Lancaster County Planning Commission, and the
Commission does not represent nor guarantee that this plan complies with the
various ordinances, rules, regulations, or laws of the local municipality,
the Commonwealth or the Federal government .
*Signatures of the Chairman and Vice Chairman or their designees .
APPENDIX NO . 11
RECORDER OF DEEDS CERTIFICATE
Recorded in the office for Recording of Deeds, in and for Lancaster
County, Pennsylvania, in Subdivision Plan Book, Volume,
Witness by hand and seal of office this day of
Page
A . D . 19
Recorder
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APPENDIX NO . 12
APPLICATION FOR CONSIDERATION FOR A SUBDIVISION
AND/OR LAND DEVELOPMENT PLAN
BOROUGH FILE NO .
DATE OF RECEIPT/FILING
(FOR BOROUGH USE ONLY)
The undersigned hereby applies for approval under the Adamstown Borough
Subdivision and Land Development Ordinance for the (Subdivision) (Land
Development) Plan submitted herewith and described below :
1.
Plan Name :
Plan No . Plan Date :
2 .
Project Location :
3 .
Name of Property Owner(s) :
Address :
Phone No . :
4 .
Land Use and Number of Lots and/or Units (indicate answer by number) :
Single-Family (Detached)
Commercial
Multi-Family (Attached-Sale) Industrial
Multi-Family (Attached-Rent) Institutional
5 .
Total Acreage :
6.
Application Classification : (Check One)
Preliminary Plan
Final Plan
Lot Add-On Plan
for processing in
accordance with
§308 of
the Ordinance .
Revised Subdivision and/or Land
Development Plan for
processing in accordance
with Section 308 of the
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7 .
Name of Applicant (if other than owner) :
Address :
Phone No . :
8.
Firm Which Prepared Plan :
Address :
Phone No . :
Person Responsible for Plan :
9.
Have all zoning approvals been obtained? Please specify approvals :
10 . Type of water supply proposed :
Public
Community
Individual
11 . Type of sanitary sewer disposal proposed :
Public
Live
Community Capped
Individual
12 . Lineal feet of new street
Identify all street(s) not proposed for dedication :
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13 .
Acreage proposed for park or other public use :
14 .
Have plans been submitted to the Lancaster County Planning Commission?
I am aware that I cannot commence development of the property and cannot
commence excavation, earthmoving, grading or construction until a plan has
been recorded in the office of the Recorder of Deeds or until an Improvement
Construction Plan has been approved by the Borough Council of Adamstown . By
signing this application, I certify that all facts in the application and all
accompanying documentation are true and correct . This application is being
made by me to induce official action on the part of Adamstown Borough, and I
understand that any false statements made herein are being made 'subject to
the penalties of 18 Pa . C .S . §4904 relating to unsworn f alsification. t o
authorities .
Date
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APPENDIX NO . 13
APPLICATION FOR CONSIDERATION OF AN
IMPROVEMENT CONSTRUCTION PLAN
BOROUGH FILE NO .
DATE OF RECEIPT/FILING (FOR BOROUGH USE ONLY)
The undersigned hereby applies for approval of the Adamstown Borough
Council of the Improvement Construction Plan submitted herewith and described
below :
1.
Plan Name :
Plan No . : Plan Date :
2 .
Project Location :
Municipality :
3 .
Address :
Phone No . :
4.
5.
Land Use and Number of Lots and/or Units (indicate answer by number) :
Single-Family (Detached)
Commercial
Multi-Family (Attached-Sale)
Industrial
Multi-Family (Attached-Rent)
Institutional
Mobile Home Park
(Other) Specify
Total Acreage :
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6.
Address :
Phone No . :
7.
Firm Which Prepared Plan :
Address :
Phone No . :
Person Responsible for Plan :
I am aware that I cannot commence development of the property and cannot
commence excavation, earthmoving, grading, or construction until a plan has
been recorded in the office of the Recorder of Deeds or until an Improvement
Construction Plan has been approved by the Borough Council of the Borough of
Adamstown .- By signing this application, I certify that all facts in the
application and all accompanying documentation are true and correct . This
application is being made by me to induce official action on the part of
Adamstown Borough, and I understand that any false statements made herein are
being made subject to the penalties of 18 Pa . C .S . §4904 relating to unsworn
falsification to authorities .
Date
Signature
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APPENDIX NO . 14
NOTICE OF ACCEPTANCE OF AN IMPROVEMENT GUARANTEE
DATE :
Adamstown Borough Council
98 Lancaster Avenue
Adamstown,
PA
19501
SUBJECT :
Acceptance of Improvement Guarantee
Dear Borough Council :
The developer of the project known as
has provided an improvement guarantee in the form of a to assure the proper installation of the following
improvements :
Facilities relating to the Sanitary Sewage System
Fire Hydrants
Other
This form of improvement guarantee was accepted by formal action of the
Borough Council of the
at a meeting on
19
Authorized Signature
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APPENDIX NO . 15
REQUIRED IMPROVEMENTS LISTING
Plan Name :
Plan Location :
The undersigned developer hereby agrees to provide
development, as shown on the plan of
the following improvements :
Price Per
Units
Unit
Improvements
Quantity
throughout
, dated
his
Construction
Cost
Street Grading
Street Base
Street Paving
Street Signs
Curbs
Sidewalks
Storm Sewer
Facilities
Water Supply
Facilities
Fire Hydrants
Survey Monuments
Buffer Planting
Street Trees
Traffic Control
Signs
Other (specify)
ESTIMATED COST :
CONTINGENCIES (10%) :
INSPECTION FEE DEPOSIT
REQUIRED ESCROW :
(5%) :
SIGNATURE OF DEVELOPER Page Added 12/2/1997
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APPENDIX NO . 16
NOTICE OF COMPLETION AND APPROVAL OF IMPROVEMENTS
DATE :
98 Lancaster Avenue
19501
Adamstown,
PA
SUBJECT :
Approval of Improvements
The developer of the project known as has completed the installation of the following improvements in
accordance with the improvement construction plan :
Facilities relating to the Sanitary Sewage System
Fire Hydrants
Other (specify)
Authorized Signature
Print Full Name
Title
Authority of Utility
Address
Phone No .
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APPENDIX NO . 17
APPLICATION FOR CONSIDERATION OF A WAIVER
BOROUGH FILE NO .
DATE OF RECEIPT/FILING
(FOR BOROUGH USE ONLY)
The undersigned hereby applies for approval of waiver, submitted herewith
and described below :
1.
Name of Project :
2 .
Project Location :
3 .
Address :
Phone No . :
4
Address :
Phone No . :
5.
6 .
Specify section(s) of the Adamstown Borough Subdivision and Land
Development Ordinance for which waiver is requested :
The proposed alternative to the requirement :
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7.
8.
Justification for the waiver :
Identification of plans, reports or supplementary data which is part of
the application :
The undersigned hereby represents that, to the best of his knowledge
and belief, all information listed above is true, correct and complete .
Date
Signature
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APPENDIX 18
w
z
13'
66' 1W
w
z
40' TYP .
13'
.5' .
\
8 .5'
4'
WEARING 2" ID-2
BINDER 3" ID-2
BASE 8" #3A STONE
COLLECTOR STREET CROSS SECTION
NOT TO SCALE
-w
z
. -i
w
..z
50' TYP.
34' TYP .
t~
4'
STANDARDVERTICAL CURB
TYPICAL LOCAL
STREETCROSSSECTION
NOT TO SCALE
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APPENDIX 19
rCURB LINE
(DIMENSION REFERENCE)
--FINISHED GRADE
o ob R9 o -b R
o,
-o o
VERTICAL CURBDETAIL
NOT TO SCALE
4-
BROOM FINISH
6"X6" W2 .9XW2 .9 WW
(AT DRIVEWAYS)
ASS A 'CEMENT CONCRETE
(SSEE NOTE BELOW)
/4'/FT.
Ad'A~
2" MIN .
J
COMPACTED SUBGRADE
4' COURSE AGGREGATE
2A MATERIAL
(6" AT DRIVEWAYS)
NOTE :
SIDEWALK SHALL HAVE A MINIMUM THICKNESS OF 4" WHERE USED
SOLELY FOR PEDESTRIAN TRAFFIC AND A MINIMUM THICKNESS OF 6 AT ALL DRIVEWAYS .
CONCRETEWALKDETAIL
NOT TO SCALE
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APPENDIX 19
I
3 - MINIMUM CONC. COVER
YAW 6x6 - W29xW29 TO
EXTEND 2' ON BOTH SIDES
NOTES :
1 . EXPANSION MATERIAL FOR SIDEWALKS, SHALL BE PLACED
EVERY 20' WITH SCORED JOINTS EVERY S'
2.
PERMISSION TO CONSTRUCT BEYOND R/W TO BE OBTAINED
FROM OWNER .
3.
SIDEWALK TO BE 6 - THICK FOR A MINIMUM WIDTH OF 6'
ON BOTH SIDES OF PIPE .
TYPICAL DOWNSPOUT CONNECTION
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APPENDIX 19
SIDE SLOPE 10:1 MAX
AS REQUIRED FOR
12 :1 MAX SLOPE
FROM CURB
DEPRESSED
CURBING
NOTES :
1 . MIN . 4'-0 • WOE SIDEWALK
Z SIDEWALK SLOPE NOT TO EXCEED 1/4' PER FT .
3 . PROVIDE DEPRESSED CURBS AT INTERSECTION
4 . BROOMED NON-SKID SURFACE ON RAMP
HANDICAP . RAMP DETAIL
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APPENDIX 19
QTES .
1.
DEPRESSED CURB LOCATIONS TO BE CORRELATED
TO EXISTING DRIVEWAYS AND AS REQUESTED BY
PROPERTY OWNERS .
2. EXPANSION MATERIAL SHALL BE PLACED EVERY 20' .
3 . WELDED WREFABRIC6X6-W29XW29
SHALL BE PLACED IN THE SIDEWALK AT DRIVEWAY
LOCATIONS AND THE DEPTH OF SIDEWALK INCREASED
TO SIX INCHES (6').
2'
W1 DTH VARIES
2'
TYPICAL DRIVEWAY DEPRESSED CURB
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APPENDIX 19
HANDICAPRAMPCROSSSECTION
NO SCALE
A
O
NOTE:
BROOIJED NON-SXID
SURFACE ON RAMPS
CONC. WALK
HANDICAP RAMP
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APPENDIX 20
b
X15' PARKING
L0
a'
PARALLEL PARKING
0
0
60' PARKING
N
O
i
J
go ,
90' PARKING
0
N
I
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APP20
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APPENDIX 21
POR.HJA SIGHT DISTANCES
Speed (V)
(MilesPerHour)
Grade (G)
(Percent)
0
.+1
25
147
146
30
196
35
+3
+4
+5
+6
+7
+8
144
143'
142
141
140
139
194
192
190
188'
186
184
249
246
243
239
237
234
40
314
309
304
300
296
45
384
377
370
364
50
462
453
445
55
539
528
0
,
+9
+10
138
137
136
182
180
179
177
231
229
226
224
222
292
288
284
.281
278
274
359
353
348
343
339
335
330
437
429
422
416
409
403
398
393
513
508
499
491
483
475
468
461
455
-1
-2
-3
-4
-5
-6
-7
-8
-9
-10
,
25
147
149
150
152
154
155
157
160
162
164
167
30
196
199
202
204
207
211
214
218
222
226
231
35
249
253
257
261
255
270
275
290
286
292
299
40
'314
319
325
331
338
345
353
361
370
379
390
45
384
391
399
407
416
425
436
447
459
473
487
50
462
472
482
493
505
518
531
547
563
581
6G1
55
539
550
563
576
590
606
623
64 1.
661
683
70 :'
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APPENDIX 22
NOTICE OF APPROVAL OF NEW STREET NAMES
DATE :
98 Lancaster Avenue
Adamstown,
PA
19501
SUBJECT :
Notice of Approval of New Street Names
PLAN NAME :
(To be Completed by Applicant)
Lancaster County-Wide Communications has reviewed and approved the following
new street names :
(Applicant to provide on this form a list of all proposed new
street names prior to submitting this form for approval . This form
must bear the authorized signature from Lancaster County-Wide
Communications .)
Authorized Signature, Lancaster County
Wide Communications
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APPENDIX 23
APPLICATION FOR A STORMWATER MANAGEMENT PERMIT
MINOR LAND DISTURBANCE ACTIVITY
BOROUGH OF ADAMSTOWN
Lancaster County
Pennsylvania
File No .
Date Received
Application is hereby made to the Borough of Adamstown for the issuance of a
stormwater management permit pursuant to the
specifications herewith
submitted .
1.
Address :
Phone :
2.
Project Location :
3.
Brief Description of Work to be Performed :
A general plan of the lot configuration, building
stormwater management facilities shall be provided .
4.
Name of applicant
location,
grading,
and
(if other than owner) :
Address :
Phone
The undersigned hereby represents that, to the best of his knowledge and
belief, all information listed above and on the stormwater management plan
herewith submitted is true, correct, and complete .
Date
Signature of Applicant
PLEASE COMPLETE THE GENERAL PLAN AND SUBMIT WITH APPLICATION
(see Appendix 35 for Sample Plan)
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APPENDIX 24
APPLICATION FOR A STORMWATER MANAGEMENT PERMIT
MAJOR LAND DISTURBANCE ACTIVITY
Lancaster County
Pennsylvania
File No .
Date Received
Application is hereby made to the Borough of Adamstown for the issuance of a
stormwater management permit pursuant to the specifications herewith
submitted .
1.
Address :
Phone
2 .
Project Location :
3 .
Type of Earth Disturbance Activity :
A.
New impervious or semi-impervious
surface
(sq . ft ./ac .)
B.
Diversion or piping of natural or man-made
watercourse
(linear ft .)
C.
Installation of the following :
Culvert
Detention basin
Retention basin
Sediment basin
D.
Removal of ground cover, grading, filling, or excavation
(sq . ft ./ac .)
4.
Stormwater management plan prepared by :
Address :
Phone
5 .
Name of applicant (if other than owner) :
Address :
Phone
The undersigned hereby represents that, to the best of his knowledge and
belief, all information listed above and on the stormwater management plan
herewith submitted is true, correct, and complete .
Date
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APPENDIX 25
STORMWATER MANAGEMENT PERMIT
Lancaster County
Pennsylvania
Permit No .
The property of
located at
has received
approval of the stormwater management plans dated
Construction may proceed in accordance with approved plans .
Borough Official
Date
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RAINrALL
INTENSITY-DURATION-rREOUENCY CHART
LA.SCASTER COUNTY, PENNSYLVANIA
Score Event
-- 2 y :s .
4
4
4
3
.63
.34
.12
.92
6 .02
5 .70
5 .42
5 .17
3 .75
3 .59
3 .45
4 .95
4 .75
4 .58
3 .32
3 .21
3 .10
3 .00
2 .91
2 .83
2 .75
2 .67
2 .60
2 .54
2 .48
2 .42
. 2 .36
2 .31
2 .26
2 .22
2 .17
2 .13
2 .09
2 .05
2 .01
.97
.94
4 .42
4 .27
4 .13
4 .00
3 .89
3 .18
3 .68
3 .58
3 .50
3 .41
3 .33
3 .26
3 .19
3 .15
3 .05
2 .99
2 .93
2 .88
2 .82
2 .77
2 .72
2 .67
2 .63
48
49
50
51
32
53 '
54
.91
.87
1 .84
1 .81
1 .78
1 .76
1 .73
1 .70
1 .68
1 .66
1 .63
1 .61
1 .59
1 .57
1 .55
1 .53
1 .51
1 .49
1 .47
1 .45
2 .59
2 .54
2 .50
2 .46
2 .43
2 .39
2 .35
2 .32
2 .29
2 .26
2 .22
2 .19
2 .16
2 .14
2 .11
2 .08
2 .06
2 .03
2 .01
1 .99
55
56
57
58
59
60
1 .43
1 .41
1 .40
1 .38
1 .37
1 .35
1 .96
1 .94
1 .91
1 .89
1 .87
1 .85
6
7
8
9
10
11
12
13
14
13
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
25 yrs .
50 yrs .
100 yrs .
7 .51
8 .19
7 .90
7 .62
7 .36
7 .12
6 .90
6 .70
Rainfall Intensity
(Inches/Hour)
T .me of Concentration
(Minutes)
5
:0 yrs .
1
1
1
1
6 .10
6 .39
6 .10
5 .85
5 .62
5 .41
5 .22
5 .05
4 .89
4 .74
4 .60
4 .47
4 .35
4 .24
4 .13
4 .03
3 .94
3 .85
3 .77
3 .68
3 .61
3 .53
3 .47
3 .40
3 .33
3 .27
3 .21
3 .16
3 .10
3 .05
3 .00
2 .95
2 .91
2 .86
2 .82
2 .78
2 .7)
2 .70
2 .66
2 .62
2 .58
2 .55
2 .52
2 .48
2 .45
2 .42
2 .39
2 .36
2 .33
2 .30
2 .28
.2 .25
2 .22
2 .20
2 .17
2 .15
7
6
6
6
.22
.95
.70
.47
6 .26
6 .07
5 .88
5 .71
5 .55
5 .40
5 .27
5 .13
5 .01
4 .89
.4 . 28
4 .68
4 .58
4 .48
4 .39
4 .30
4 .22
4 .14 •
4 .06
3 .99
3 .92
3 .85
3 .79
3 .72
3 .66
3 .61
3 .55
3 .49
3 .44
6 .50
6 .33
6 .16
6 .00
5 .85
5 .71
5 .58
5 .46
5 .34
5 .23
5 .12
5 .01
4 .92
4,83
4 .74
4 .65
4 .57
4
4
4
4
4
4
4
4
•
.49
.41
.34
.27
.20
.14
.08
.01
3 .96
3 .90
3 .84
3 .19
3 .74
3 .69
3 .64
3 .59
3 .54
3 .50
3 .46
3 .41
) .37
3 .))
3 .29
3 .26
3 .22
3 .18
3 .15
3 .11
3 .39
3 .34
3 .29
3 .25
3 .20
3 .16
3 .12
3 .08
3 .04
3 .00
2 .96
2 .92
2 .89
2 .85
2 .82
2 .78
2 .75
2 •. 72
2 .69
2 .66
2 .63
2 .60
3
3
3
2
.03
.05
.01
.98
Source : Pennsylvania Dtparcoent of Transportation, Rainfall
1ntcnei :'-Duracion-Charts, developed by Penn St lice
University . Deparcmenc of Enjinccrini, October 1986 .
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- 158 .187 -
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- 158 .188 -
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APPENDIX NO . 27
Runoff Cce`ficlents " " for Rational 7-ormula
Soil Croup
0
Slope
0-21
2-6X
Land Use
.14
.10
.23
Fallove'd Fields
poor conditions
good conditions
.12
.19
.08
Forest/Woodland
.08
Grass Areas
good conditions
average condition
poor conditions
1cpervious Areas
Weighted Residential
Lot size 1/8 acre
Lot size 1/4 acre
Lot size 1/3 acre
Lot size 1/2 acre
Lot size 1
acre
Home
0-21
2-61
61+
0-21
2-61
67.+ I 0-27.
I
Cultivated Land
winter conditions
su_=er conditions
Page Added
6,-.+
2-61
6 ::+
.34
.22
.14
.32
.20
.41
.28
.27
.19
.37
.26
.48
.33
.34
.23
.45
.29
56
.38
.28
.16
.17
.11
.25
.15
.34
.21
.23
.13
.14
.33
.19
.40
.26
.27
.18
.35
.23
.4S
.31
.11
.14
.10
.14
.18
.12
.16
.20
.15
.20
.25
.10
.16
.21
.30
. 19
.21
.28
.26 .
.28
.37
. 18
.20
.25
.21
.14
. 14
.16
.18
.30
.18
.20
.2.2
.22
.12
.25
.35
.34
.44
.24
.30
.25
.29
.40
, .35
.41
.50
.90
.91
.92 .
.91
.92
.93
.92
.93
.94 .
.93
.94
.95-
.29
.33
.35
.29
.26
.24
.21
.33
.32
.27
.2s
.40
.38
.35
.32
.34
.30
.28
.25
.23
.36
.34
.31
.26
.24
.21
.18
.32
.29
.38
.36
.35'
.44
.42
.41
.38
.36
.48
.46
.45
.27
.24
.31
.29
.3?
.36
.34
:32
.30
.28
.34
.43
.32
.41
12/2/1997
.16
.21
.31
.28
.26
-
158 .189
.30
.40
.35
-
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- 158 .190 -
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APPENDIX NO . 28
Runof Curve Nu_Sers "Cs" for SCS liethod
Soil Group
Slope
A
9
0-2X
2-67.
6X+
0-2~
Cultivated Land
winter conditions
summer conditions
48
35
60
51
75
58,
62
48
73
55
Falloved Fields
poor conditions
good conditions
45
30
34
44
65
48
56
43
Forest/Woodland
30
40
43
Crass Areas
good conditions
Average condition
poor conditions
35
45
48
51
53
55
Impervious Areas
96
Weighted Residential
Lot size 1/8 acre
Lot size 1/4 acre
Lot size 1/3 acre
Lot size 1/2 'acre
Lot size 1
acre
71
62
59
57
55
C
2-6 : .
6X+
0-2X
2-6Z
82
65
68
57
63
48
73
55
42
46
53
58
- 67
48
52
56
97
98
75
67
65
63
62
78
71
69
68
67
6X+
0 2X
2-6Z
78
65
90
73
77
,64
88
69
95
79
64
48
74
54
81
63
69
56
77
60
87
68
50
45
50
.53
50
56
61
54
55
67
63
65 •
77
56
60
66
59
63
74
73
75
85
62
65
73
63
69
81
79
82
90
55
97
58
96
97
98
96
97
98
74
66
64
62
61
76
69'
66
64
63
82
76
74
73
72
78
67
65
63
61
80
69
66
65
64
87
76
75
73
72
81
75
74
72
71
83
78
77
76
75
90
88
87
86'
85
Land L?se
Home
-
0
158 .191
6 ;+
-
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- 158 .192 -
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a
a a aa l .Lal1 1\V . Ll
TIME OF CONCENTRATION NOMOGRAPH
(for use with the Rational Y,ethod)
35
30
.95
25
.80
.70
300
r
r
U
200
c
.2
.60
U
• 50
44-
.40
• 30
0
U
Vv
40
100
~, 9 0
~
80
~‚ 7 0
"'
20
0 .2
r
0 .5
.20
r
r
C
•
a1
r
0
r
V.'
.10
•
•
.05
5 .0
60
•r
10 .0
r
N
,
E
v
15
0
r.'
C
GJ
U
L
C)
C_
0
w
L
c
C)
U
c
0
U
50
0
r
40
10
30
9
•
r
•
8
20
7
10
6
Pivot Line
5
Home
-
158 .193
-
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- 158 .194 -
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APPENDIX 30
CERTIFICATE FOR APPROVAL BY THE COUNCIL
Approved by the Adamstown Borough Council this
day of
19
APPENDIX 31
CERTIFICATE FOR REVIEW BY THE PLANNING COMMISSION
Reviewed by the Adamstown Borough Planning Commission this
day o f
,
19
APPENDIX 32
CERTIFICATE FOR REVIEW BY THE BOROUGH ENGINEER
(if required by the Borough)
Reviewed by the Adamstown Borough Engineer this
day of
19,
APPENDIX 33
STORMWATER MANAGEMENT CERTIFICATION
I hereby certify that, to the best of my knowledge, the stormwater management
facilities shown and described hereon are designed in conformance with the
stormwater management requirements of the Adamstown Borough Subdivision and
Land Development Ordinance of 1996 .
19
*
*
**
*
**
Signature of the registered professional responsible for the preparation
of the plan .
Seal of the individual
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- 158 .196 -
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APPENDIX NO . 34
BEST MANAGEMENT' PRACTICES (BMP) DESIGN DETAILS
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158 .197
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- 158
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CHART A
3000,I
;
I
1
I
I
I
I
I
I•
,
I
I
I
I
,
,
,
I
I
I
I
I
I
I
I
,
I
I
I
,
I
I
'I
!
2500'
I
I
I
I
I
-
I
,
1
1
,
I
1
I
I
,
I
I
I
I
1
I
1
I
1
I
2000j'
I
I
I
I
I
I
I
I
1
I
I
1
I
I
I
1
1
1
1
1
I
I
I
L
c.
I
I
I
I
I
1
(
I
I
1500I
I----
-,
+
I
I
1
I
i
,
I
1
,
I
I
I
1
1
1000
I
I
~
I
I
I
1
I
I
I
1
,
I
I
I
II - -
- - '1 -
I
I
,
I
I
,
i
,
I
500
I
I
0
1:
I
,
I
I
I
I
I
I
I
I
,
I
I
I
I
I
I
;
I
I
I
20
40
60
80
}
100
7 IMPERVIOUS
STORAGE REQUIREMENTS
Home
- 158 .199 -
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- 158 .200
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CHART B
RESIDENTIAL/AGRICULTURAL USES
COMMERCIAL/INDUSTRY USES
---------------------
40%
0
I .-.-
100/200
EXAMPLE :
100' Filter Strip
Reduction 40%
200/400
--
400/800
300/600
FLOW LENGTH (FILTER STRIP/SWALE FLOW)
STORAGE REQUIREMENT ADJUSTMENT
FOR FILTER STRIP/GRASS SWALE EFFECTIVENESS
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- 158 .202 -
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I
FILTERSTRIP/GRASSSWALE
Filter Strip must be contiguous to impervious area .
Runoff . across Impervious area shall also be in sheet flow .
Home
- 158 . 2 0 3 -
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- 158 .204 -
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FILTERSTRIP
Home
- 158 . 2 0 5 -
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- 158 .206 -
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GRASSEDSWALE
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- 158 . 2 0 7 -
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- 158 .208 -
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i op View
Side View
Inflow
1
=-sides Lined with Per-cable Fillet Fabric
Per;nea!:Ie Filter -=~.
.‚
'
Fabric Cne Fcct
C'? • -Clean Was`ed Stone crGravel
Below Surface,
(1.S-3 .O Ir.ch)
Traps Debris
• • • • • • • • • • • •
6 .12 Inch Sand Filter
or ?erre•a ble Filter
,r.
.r
Cloth Lines !c :tort
Source : .Schueler, 1987 .
INFILTRATION TRENCH
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-
158 . 2 0 9 -
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- 158 .210 -
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s
Flat !asir Fl : :r r+i : :1
Gense Grass 7vrl
Riprap
Serling
Basin and
Ltvel Spreader
Back-. ; Undert:nin
'-_ Er,er ;ency Spillw :y
$a .%,
a
Source : Schueler, 1987 .
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INFILTRATION BASIN
- 158 .211 -
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- 158 .212
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Top View
3 .1 Maaimum
Stabilized
Inlet
Top Stage (Normally
Dry. Maintained as
Meadow)
Iffil,N1
Bottom
Stage
WE
LOW
'0
Embankment
Chann e l
Minimum
2S Fool
Buffer
arch
Oullalt
Buffer
Landscaped withNative Trees and
Shr,,ba for Habitat
~~§
Emergency
Spway
DETENTION TIME : 24 to 40 Hours
DETENTION VOLUME : 015 to 1 .50 Inches/Impervious Acre
Side View
2 1.; or Greater Slope for Drainage
Bottom Stage Sized to
Accept Runoll Volume
Perforated Riser
of Mean Storm
Encased in Gravel Jacket
Shallow Marsh
(6 to 12 inches)
for Untr Nutrient Removal
Figure 4 .2-3 : Schematic of extended detention pond with marsh
EXTENDED DRY DETENTION POND
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- 158 . 2 1 3 -
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- 158 .214 -
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Embankment
Anti seep
Collars
WET POND
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-
158 . 2 1 5 -
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158 .216 -
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/
Cap wi :h L .Ck
11 .1 11 1%4111 111 l
11111 .11\111\11111111111111111111111\111
12 Inches to Drywell
Dry Well
InIe1 ?i ;e
(t
§ C
§ C
0
0-)00
CI
0 0=00C,- :~00000~
8
,
C
I
r
§
3 C
DRY WELL
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- 158 .218 -
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WATERQUALITY INLET
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- 158 . 2 1 9 -
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- 158 .220 -
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PWM Q5cO 4t4 ( t NEi2 (Ot.1
y UF1J Nv
ID Dt
UPA AU-- -#~ FJNOXW( FRCf\
or- L7NSuL1'11
\
I-
t.
4-
AREA
YAW
4'/ V AW- R.ow
F---o
DAMN RPE
PUCK b04
L*
W - to,
U-9.'
c6JNL)
'Si~T
Ce~+ :;+ VEK;,),
169
r%D'W
\R
->
H ICF~
Ca4q5~;T
4'Oc
2. Nc
-p F-4y-Ae- 07W
Lic #RI- wi pR.~§l hl P1p~ .
t~ aRa -
L .4"~
C*VNvN . ,
TI*
C*
I-S, NOT TO <~c
.E .
c
~
aPq'CwNnB
PRL' p(?+EDC*PJ+~~
p 4 , §.,c
t...
NoT To
44Page
Home
Added
12/2/1997
-
158 .221
-
GRI I \Wry FOFtL
-
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1
- 158 .222 -
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Chapter 22: Subdivision and Land Development

Transcription

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