Stockertown Borough, PA

The length, width and shape of blocks shall be determined with due regard to:

Provision of adequate sites for buildings of the type proposed.

Borough zoning requirements.

Topography.

Requirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with arterial streets.

Block length.

Residential blocks shall be no less than 500 feet in length or no more than 1,000 feet in length.

Where practical, blocks along arterial and collector streets shall not be less than 500 feet long.

Block depth.

Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except:

Where reverse frontage lots are required; or

Where prevented by the size, topographical conditions or other inherent conditions of the property.

Commercial, industrial and planned industrial commercial development blocks.

Blocks in commercial, industrial and planned industrial commercial developments may vary from the elements of design detailed above if required by the nature of the use. In all cases, however, adequate provision shall be made for traffic circulation, off-street parking and loading area.

§ 213-21 Lot design.

General standards.

Within the requirements of Chapter 250, Zoning, the size, shape and orientation of lots shall be appropriate for the type of development and use contemplated.

Side lot lines shall be at right angles to street lines or radial to curved street lines.

Lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.

The depth of residential lots shall be not less than one nor more than three times their width, except as otherwise required by the current Zoning Ordinance.

Editor's Note: See Ch. 250, Zoning.

Depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, loading and unloading, setbacks, landscaping, etc.

If, after subdividing, there exist remnants of land, they shall be either:

Incorporated in existing or proposed lots, or

Legally dedicated to public use, if acceptable to the Borough.

Lot frontage.

All lots shall have direct access to a public street or to a private street, which is built to the street standards of this chapter.

Double or reverse frontage lots may be required to provide separation of residential development from collector or arterial streets or to overcome specific disadvantages of topography or other natural features of the proposed subdivision tract.

All residential reverse frontage lots (and all corner lots with a lot line along a street where reverse frontage is required) shall have a rear yard with a minimum depth of 75 feet, measured along the shortest distance from the proposed dwelling unit to the ultimate right-of-way and shall, with such rear yard and immediately adjacent to the right-of-way, have a planting screen easement of at least 10 feet in width, across which there shall be no right of access. A landscape plan, showing a double row of mixed evergreen plantings within this easement, shall be prepared and submitted for all reverse frontage lots. The landscape plantings shall be in accordance with the buffer requirements of Chapter 250, Zoning.

Lot access (other than PennDOT roadways).

Where direct access to an arterial or collector street cannot be avoided, adequate turnaround space shall be provided behind the right-of-way line.

Driveways or access roads shall intersect streets at right angles, where practicable, and in no case less than 75┬░.

Widths of private access roads or driveways as measured within the public right-of-way shall be in accordance with the following standards:

All private access roads or driveways intended for one-way use shall have a minimum width of 12 feet and a maximum width of 15 feet.

Single-family residential driveways intended for two-way use shall have a maximum width of 20 feet.

Two-way access roads and driveways for multifamily residential and all nonresidential uses shall have a minimum width of 24 feet and a maximum width of 30 feet.

To provide safe and convenient ingress and egress, access road and driveway entrances shall be constructed as follows:

Access road entrances for multifamily residential developments, mobile home parks, and all nonresidential subdivisions shall be rounded at a minimum radius of 10 feet.

Single-family residential driveway entrances shall be rounded at a minimum radius of five feet.

Access road grades and driveway grades shall not exceed 8% between the future street right-of-way line and any other point within the confines of the lot area being served.

The center line of an access road or driveway, at the point of access to a street, shall not be located closer to the center line of a street intersection than the following distances, unless the lot is entirely within the prescribed distances (in which case the driveway shall be separated from the intersection by the greatest distance possible).

For single-family dwellings:

One hundred fifty feet if either intersection street is an arterial street.

One hundred feet if either street is a collector street.

Seventy-five feet if both streets are local streets.

For all other development:

Three hundred feet if either street is an arterial street.

Two hundred feet if either street is a collector street.

One hundred fifty feet if both streets are local streets.

On corner lots that have frontage on streets of different classifications, the access to such lots shall be from the street of lower classification.

Access on PennDOT roadways.

All lot driveways accessing onto state roadways shall be designed in accordance with Pennsylvania Department of Transportation standards.

PennDOT highway occupancy permits will be required for all lot driveways accessing onto state roadways.

Traffic impact study.

Intent. To allow the Borough to determine the safety and congestion impacts, and related costs, of proposed traffic generating uses; to require that applicants respond with reasonable proposals to resolve the negative traffic impacts that their proposed uses will cause on the public; and to recognize that sufficient federal, state and municipal funds are not available to resolve traffic problems caused by private development.

Uses requiring traffic studies. Any application for any of the following new uses or expansion of existing uses shall be required to complete a traffic study and include the findings in a written report. Such requirements and report shall be based upon the aggregate total development that can reasonably be expected in all phases of a development.

Residential. Ten or more new dwellings units.

Commercial. Twenty thousand square feet or more of new or additional total floor area.

Office. Twenty thousand square feet or more of new or additional total floor area.

Industrial. Thirty thousand square feet or more of new or additional total floor area or any truck terminal.

Institutional. Twenty thousand square feet or more of new or additional total floor area.

Accident-prone location. Such uses where the Borough Council determines that a traffic study is needed to address a clearly accident-prone location.

Timing. Any required traffic study shall be submitted at the same time or earlier as any preliminary plan, special exception, conditional use or construction permit application, whichever is submitted earliest.

Costs. The full costs of completing the study and of a review by the Borough Engineer or other Borough representatives shall be borne by the applicant.

Study area. Prior to initiation of the traffic study, the traffic engineer or planner shall meet with the Borough Engineer to establish the area to be studied. This area shall be limited to streets and intersections within a maximum of one mile of the proposed project boundaries, except for a use of more than 200,000 square feet of commercial floor area or any use projected to generate more than 3,000 trips per day which shall have a maximum study area of one mile from the project boundaries.

Joint studies. Joint traffic studies between different applicants are strongly encouraged.

Fees. In place of individual traffic studies, the Borough Council may require that an applicant provide a fee in lieu of a study. This fee shall only be used towards the costs of traffic studies sponsored by the Borough. Any such fee shall be established by resolution or ordinance of the Borough Council.

Project description. Any study shall include a description of the proposed development, its proposed access and the surrounding street system. If a development is proposed to occur in stages, each stage shall be described and taken into account in the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can be expected to be developed, and shall be taken into account.

(9)

Existing traffic conditions. The traffic volumes and service levels during the a.m. and p.m. peak hours shall be presented for all streets and intersections in the study area that can reasonably be expected to be significantly impacted. Traffic volumes shall be based upon actual counts that occurred within the prior two years, and not upon state estimates. The locations of all accidents reportable to the state and/or the Stockertown Police within the study area during a recent two-year period shall be noted.

(10)

Expected traffic generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours. Such estimates shall be based upon the latest published estimates of the Institute of Transportation Engineers, or its successor entity, unless the applicant provides the Borough with estimates and supporting documentation based upon actual traffic counts of closely similar developments in Pennsylvania or New Jersey.

(11)

Projected effects. The study shall take into account not only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land development approval from a municipality. The study shall project a.m. and p.m. peak-hour traffic volumes and levels of service on impacted intersections and streets. If the traffic generation by the development would be more than 50% greater during any hour other than the a.m. or p.m. peak hour on adjacent streets, the study shall analyze both the peak hours for the development and for adjacent streets. The study shall project what directions the traffic generated will head towards.

(12)

Levels of service. The study shall estimate the levels of service (A, B, C, D, E and F), for key traffic movements, including turning movements, following the standards of the U.S. Department of Transportation.

(13)

Signal warrants. Heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area shall be studied to determine whether a traffic signal is warranted by Penn DOT criteria. Existing traffic signals that are significantly impacted shall be studied to determine whether they are in need of upgrading.

(14)

Needed improvements. The study may take into account traffic improvements which are clearly funded and will occur within the next four years. The study shall include suggestions for how each congested or hazardous intersection in the study area should be improved to reduce the hazard or congestion and a rough estimate of the cost of that improvement.

(15)

Applicant's response. The applicant shall respond to the traffic study with proposals on what traffic improvements, right-of-way dedications or commitments of financing for specific projects the applicant proposes to commit to resolve the negative traffic impacts of the proposed development. Such improvements or financing may be staged in relation to the stages of the development. The applicant may also agree to commit towards the long-term support of a program to reduce peak-hour traffic by private vehicles through programs such as vanpooling, support of mass transit or staggered work hours in place of certain structural improvements.

(16)

Completion of improvements. Any traffic improvements that are required as a condition of any approval under this chapter or Chapter 213, Subdivision and Land Development, shall be in place or sufficient funds committed in escrow acceptable to the Borough prior to the issuance of any needed occupancy permit, or within a staged process agreed to at the time of approval.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 213-22 Street design. (Amended 5.4.2020 by ORDINANCE 2020-2)

General requirements.

Proposed streets shall be properly related to the road and highway plans of PennDOT and the Borough Comprehensive Plan. Streets shall be designed to provide adequate vehicular access to all lots or parcels and with regard for topographic conditions, projected volumes of traffic, and further subdivision possibilities in the area.

The street system of a proposed subdivision or land development shall be designed to create a hierarchy of street functions.

The street system of a proposed subdivision or land development shall be designed so as to minimize street intersections and pedestrian-vehicular conflict points.

Proposed local streets shall be designed so as to discourage through traffic and excessive speeds. However, the developer shall give adequate consideration to provision for the extension and continuation of arterial and collector streets into and from adjoining properties.

Where it is desirable to provide for street access to adjoining property, streets shall be extended by dedication to the boundary of such property. The streets shall meet the requirements of Subsection G(2).

Where a subdivision or land development abuts an existing road with a right-of-way and/or cartway width not meeting the requirements of Subsection B(1), sufficient right-of-way should be dedicated so that the distance between the edge of the right-of-way and the road center line equals 1/2 of the required width, and/or the cartway will be widened as per the specifications of this chapter so that the distance between the edge of the cartway and road center line equals 1/2 of the required width. Where a subdivision or land development abuts an existing road not meeting the requirements of Subsection C or F, sufficient right-of-way to correct the alignment deficiency should be dedicated. A deed covering the land to be dedicated shall be provided along with an opinion of title from a title insurance company or an attorney, which indicates that clear title exists for the land being dedicated.

Where a subdivision or land development abuts or contains an arterial road, the use of marginal access streets, reverse frontage lots, or other such treatment as will provide protection for abutting properties, reduction in number of intersections with the arterial street, and separation of local and through traffic shall be required.

Private streets (streets not to be offered for dedication) shall meet the street design and improvement standards set forth in this chapter. In addition, when a private street is proposed, the developer shall indicate on the plan of record the proposed deed covenants obliging the owners of all lots to be served by the street to provide, at their expense, perpetual street maintenance including timely snow removal.

(9)

If the lots in the development are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such an eventuality shall be provided. The openings shall be at intervals consistent with the block length standards of § 213-20B.

(10)

Where a subdivision or land development abuts an existing collector, arterial or expressway classified street, the applicant will be required to install curbing along the street side abutting the subdivision or land development, unless otherwise waived by the Borough Council.

Street right-of-way and cartway width.

Street right-of-way as per Chapter 250, Zoning, and cartway width in proposed subdivisions shall conform to the standards in the following table:

Type of Road	Land Use	Cartway Width (feet)	Right-of-Way (feet)
Local	Single-Family Detached Dwellings	36	50
Collector	All Other Uses	36	50
Arterials and Expressways	All Uses	36	60
	All Uses	American Association of State Highway Transportation Officials (AASHTO) and PennDOT design standards may be required

Horizontal curves.

Street center lines shall not be deflected without the use of horizontal curves.

Horizontal curves shall have the following minimum center line radii:

Local streets: 200 feet.

Collector streets: 300 feet.

Arterial streets and expressways: as per current American Association of State Highway and Transportation Officials (AASHTO) standards.

A minimum tangent of 100 feet shall be required between reverse curves on all streets. A minimum tangent of 75 feet shall separate horizontal curves from intersections, as measured from the point of intersecting center lines.

Street grades.

There shall be a minimum center-line grade on all streets of 1%.

Center-line grades shall not exceed the following:

Local streets: 8%.

Collector streets: 6%.

Arterial streets: as per current AASHTO standards.

Intersections shall be approached on all sides by leveling areas. Such leveling areas shall have a minimum length of 75 feet (measured from the intersection of the center lines), within which no grade shall exceed a maximum of 4%.

Cross-slopes for roadways and parking lanes shall be 2% and cross-slopes for paved shoulders shall be 6%.

Vertical curves.

Vertical curves shall be used in changes of grade exceeding 1%.

Vertical curves shall be designed to produce the following minimum sight distances:

Local streets: 200 feet.

Collector streets: 400 feet.

Arterial streets and expressways: as per current AASHTO standards.

Street intersections.

Streets shall intersect at right angles whenever practicable. However, in no instances shall the angle of intersection at the street center lines be less than 75┬░.

Intersections involving the junction of more than two streets shall be prohibited.

Two streets intersecting a third street from opposite sides shall either intersect with a common center line or their center lines shall be offset according to the following standards:

The two streets shall be separated by a distance of 150 feet between center lines measured along the center line of the street being intersected when all three streets involved are local streets.

The two streets shall be separated by a distance of 400 feet between center lines measured along the center line of the street being intersected when one or more of the streets involved is a collector street.

The two streets shall be separated by a distance of 1,000 feet between center lines measured along the center line of the street being intersected when one or more of the streets is an arterial street.

Street intersection pavement shall be rounded by a tangential arc with a minimum radius of:

Thirty-four feet for intersections involving only local streets.

Thirty-seven feet for all intersections involving a collector street.

Forty feet for all intersections involving an arterial street.

Street right-of-way lines, whenever possible, shall be parallel to (concentric with) pavement radii at intersections.

Street right-of-way lines at intersections shall be rounded by a tangential arc with a minimum radius of 25 feet.

Sight distances at intersections (clear sight triangles) shall be established in accordance with the regulations within Chapter 250, Zoning.

Wherever a portion of the line of the clear sight triangles occurs within the proposed building setback line, such portion shall be shown on the final plan of the subdivision, and shall be considered a building setback line. Signs and landscaping which would obscure vision shall not be placed within the clear sight triangle area.

The record plan shall contain a note stating that nothing shall be erected, placed or planted within a clear sight triangle that will impede vision between a height of two feet to 10 feet above the center line grades of the intersecting streets.

Culs-de-sac, dead-end streets and stub streets.

Dead-end streets are prohibited except those meeting the standards of Subsection G(2).

Stub streets may be constructed for future access to an adjoining property or a subsequent section of the development. Stub streets shall be built to the standards of Subsection B(1). The length of stub streets shall not exceed the depth of one lot. No more than one lot shall front on each side of the stub street. These lots shall also have full frontage along another public street.

Culs-de-sac (temporary and permanent), loop roads, and other street networks which have a single point of access to the surrounding road network shall not serve more than 10 dwelling units and shall not exceed a total length of more than 500 feet as measured from the center line of the intersection at the single point of access to the farthest point served.

All cul-de-sac streets, whether permanently or temporarily designed as such, shall be provided at the closed end with a fully paved turnaround. The turnaround may be concentric or offset to the left, but turnarounds offset to the right shall be prohibited.

The minimum radius to the pavement edge or curbline shall be 50 feet, and the minimum radius of the right-of-way line shall be 60 feet.

The radius of the right-of-way line return between the bulb and stem of culs-de-sac shall be a minimum of 150 feet. The curbline or pavement edge radius shall be a minimum of 160 feet.

Islands, whether containing plantings or not, shall be prohibited within the bulb of the cul-de-sac.

The grade of the cul-de-sac bulb shall not exceed 5% as measured from the center of the cul-de-sac bulb to any perimeter point of the bulb.

There shall be a minimum center line grade on all cul-de-sac streets of 1%.

All cul-de-sac streets intended for dedication to the Borough shall be provided with an easement at the end of the bulb and designated for snow-plowing use. The easement beginning at the edge of cartway shall have a minimum width of 30 feet (measured 15 feet on either side of the street center line extended). The easement shall extend radially from the edge of pavement to a depth of 30 feet. The record plan shall contain a note stating that no driveways, landscaping, mailboxes or other structures shall be placed within the limits of this easement.

(9)

Temporary culs-de-sac may be permitted to allow connection to an adjoining property or a subsequent section. Temporary culs-de-sac shall meet the following standards:

The lots along the bulb of the cul-de-sac shall meet the lot width and lot size requirements of Chapter 250, Zoning, after the bulb has been removed and the road has been extended.

The temporary cul-de-sac shall extend to the edge of the adjoining property to which future access is to be provided.

Street names.

Proposed streets that are in alignment with others already existing and named, shall bear the names of existing streets.

In no case shall the name of a proposed street duplicate an existing street name in the municipality and in the postal district, irrespective of the use of a suffix such as street, road, avenue, boulevard, driveway, place, court, lane, etc.

All street names shall be subject to the approval of the Borough Council and local post office. The developer shall be responsible for the submission of proposed street name to the local post office for their approval. A copy of the local post office's approval of the proposed names shall be provided to the Borough prior to recording of the plan.

Sidewalks and curbs.

In subdivisions or land developments where curbing and sidewalks are required, they shall be provided on both sides of all streets. Sidewalks and curb shall be required adjacent to parking areas in multifamily developments.

Sidewalks shall be located within the street right-of-way, no closer than one foot from the right-of-way line, and shall be a minimum of four feet wide, except along collector and arterial streets, and adjacent to shopping centers, schools, recreation areas, and other community facilities, where they shall be a minimum of five feet wide.

§ 213-23 Sanitary sewer disposal.

Each proposed building lot or proposed land development shall be provided with sanitary sewage disposal in accordance with the following requirements:

Public sanitary sewage systems.

Existing public sanitary sewage systems.

Each subdivision, not a minor subdivision, shall be connected by the developer to such system, unless such connection is not technically feasible, or the subdivision is located in an area not designated for public sanitary sewer service in the Borough's Sewage Facility Plan.

Any such connection shall be in accordance with the provisions of the controlling Sewer Authority, and the sanitary sewer disposal regulations of the Pennsylvania Department of Environmental Protection.

In the event a public sewer connection is not required under Subsection A(1)(a), each proposed building lot shall instead be provided with an on-lot sewage disposal system in accordance with Subsection B.

Stockertown Borough makes no warranty or representation that on-lot sewer supply will be available for such lots.

Proposed public sanitary sewage systems.

Each proposed subdivision, not a minor subdivision, or proposed land development any portion of which is within 1,000 feet of:

Any proposed public sanitary sewage system for which the Controlling Sewer Authority has indicated in writing to the developer its intention to extend any portion thereof to within 1,000 feet of any lot or portion thereof within five years;

Any portion of any proposed public sanitary sewage system in the Stockertown Borough Sewage Facility Plan; or

Any portion of any other public sanitary sewage system proposed by the Stockertown Borough Council to be constructed within five years.

Shall, unless ultimate connection to the proposed public sanitary sewage system would be technically unfeasible, be connected to a "dry" sanitary sewage system, including lateral connectors as will be necessary to provide service to each lot, suitably capped until connection to the public sanitary sewage system can be made.

Any such connection shall be in accordance with the standards of:

The Subdivision Improvements Agreement (see Article IX of this chapter).

Section 213-12E(8) of this chapter.

The sanitary sewage disposal regulations of the Pennsylvania Department of Environmental Protection.

In the event a "dry" sewer connection is required under Subsection A(2)(b), each proposed building lot shall, until ultimate public sewer connection, be provided with an on-lot sewage disposal system in accordance with Subsection B.

On-lot sewage disposal systems.

An on-lot sewage disposal system shall be provided for each lot that:

Is not required to be connected to an existing public sanitary sewage system under Subsection A(1)(a) or to a proposed sanitary sewage system under Subsection A(2)(b).

Will be connected to a "dry capped" sanitary sewage system under Subsection A(2)(b), but only until connection to the public sanitary sewage system can be made.

Any such on-site sewage disposal system shall be in accordance with the standards of:

The Subdivision Improvements Agreement (see Article IX of this chapter).

Section 213-12E(9) of this chapter.

The sanitary sewage disposal regulations of the Pennsylvania Department of Environmental Protection.

Certification of a percolation test for each proposed building lot, satisfying the requirements of the Pennsylvania Department of Environmental Protection for the on-lot sewage disposal system, shall be submitted as part of the preliminary plan. [See also § 213-12E(9).].

Each preliminary and final plan shall include an annotation expressly imposing a covenant running with the land, respecting each proposed building lot for which an on-lot sewage disposal system is proposed, stating that:

Stockertown Borough makes no warranty or representation that on-lot sewage disposal will be available for such lots.

No construction upon the property or occupancy of the property will be permitted until sewage disposal facilities complying with Subsection A or B of this section are provided to such lots.

§ 213-24 Water supply systems.

Each proposed building lot or proposed land development shall be provided with water supply in accordance with the following requirements:

Public water supply systems.

Each subdivision, not a minor subdivision, any portion of which is within 1,000 feet of an existing public water supply system, shall be connected by the developer to such system.

Any such connection shall be in accordance with the provisions of:

Applicable conditions of the Pennsylvania-American Water Company or other governing authority;

Section 213-12E(8) of this chapter;

The water quality regulations of the Pennsylvania Department of Environmental Protection.

In the event a public water supply connection is not required under Section 761.2, each proposed building lot shall instead be provided with an on-lot water supply system in accordance with Subsection B of this section.

Fire hydrants with water supply for fire protection, within 300 feet of all structures and on the same side of the road if a collector or arterial road, shall be provided in all subdivisions and land developments connected to a public water supply system. The connecting threads used on the hydrants shall be compatible with the equipment of the Liberty Hose Company.

All proposed building lots for all multifamily residential, commercial and industrial uses shall be provided, by the developer, with an adequate public water supply.

On-lot water supply systems (wells).

An on-lot water supply system (well) shall be provided only for each lot that cannot feasibly be connected to an existing public water supply system under Subsection A(1).

Any such on-site water supply system shall be in accordance with the standards of:

The Subdivision Improvements Agreement (see Article IX of this chapter);

Section 213-12E(8) of this chapter; and

Any water quality regulations of the Pennsylvania Department of Environmental Protection.

Each preliminary and final plan shall include an annotation expressly imposing a covenant running with the land, respecting each proposed building lot for which an on-lot water supply system is proposed, stating that:

Stockertown Borough makes no warranty or representation that on-lot water supply will be available for such lots; and

Occupancy of the property will not be permitted until water supply facilities complying with Subsection B of this section are provided to such lots.

§ 213-25 Storm drainage systems.

Storm drainage systems shall be provided in order to:

Permit unimpeded flow of natural watercourses, except as may be modified by stormwater detention pond requirements in Subsection D or open channels pursuant to Subsection B(7).

Ensure adequate drainage of all low points along the line of streets.

Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained.

Provide positive drainage away from on-site sewage disposal systems.

Take surface water from the bottom of vertical grades, to lead water from springs and to avoid excessive use of cross-gutters at street intersections and elsewhere.

Prevent overloading of downstream drainage systems, closed depressions, and watercourses as a result of increased rate of runoff caused by the proposed development.

Ensure that the extent of ponded water is not increased within downstream closed depressions as a result of additional runoff volume.

General requirements.

A site drainage plan for the proposed subdivision or land development tract shall be prepared which illustrates the following information:

Mapping of the watershed area or areas in which the proposed subdivision or land development is located.

Calculations of runoff for all points of runoff concentration.

Complete drainage systems for the subdivision. All existing drainage features which are to be incorporated in the design shall be so identified. If the subdivision or land development is to be developed in stages, a general drainage plan for the entire subdivision shall be presented with the first stage and appropriate development stages for the drainage system shall be indicated.

Sufficient mapping of existing off-site drainage features located downstream from the proposed subdivision or land development points of runoff discharge.

The existing points of natural drainage discharge and the mode of drainage conduct onto adjacent property shall not be altered, unless:

Written consent of affected landowner is obtained by the applicant; or

The applicant demonstrates that no damage to any adjacent landowner or infringement of the public safety for conditions up to and including a one-hundred-year storm event will result.

No stormwater runoff or natural drainage shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on other private properties or public lands, without safe and adequate provisions being made by the developer for properly handling such conditions, and the applicant obtaining the written consent of the downstream landowners.

Where a subdivision is traversed by watercourses other than permanent streams, there shall be provided on the subdivision plan, a drainage easement conforming substantially with the line of such watercourse which shall be offered to the Borough for dedication. The width of the easement shall be adequate to provide for unimpeded flow of storm runoff based on calculations made in conformance with Subsection C and to provide a freeboard allowance of 0.5 foot above the design water surface level.

Drainage structures that are located on state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation and a letter from that office indicating such approval shall be obtained prior to final plan approval.

All streets shall be so designed as to provide for the discharge of surface water from their rights-of-way.

When natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line and grade of such natural drainage swales. Capacities shall be calculated using the Manning equation as explained in Appendix A.

Editor's Note: Appendix A is included at the end of this chapter.

Storm drainage facilities and appurtenances shall be so designed and provided as to minimize erosion in watercourse channels and at all points of discharge as per the requirements of the Pennsylvania Department of Environmental Protection and the Northampton County Conservation District.

Calculation of storm runoff and design storm frequency.

Storm drainage systems required by this chapter shall be designed to provide protection from a two-year to one-hundred-year storm as determined by the Borough. If the site of the subdivision or land development is within a watershed with an approved Stormwater Management Plan enacted pursuant to Act 167, the criteria in the applicable plan shall be used.

A twenty-five-year design storm is appropriate where a storm in excess of the design storm will cause major inconvenience to people and traffic in high use areas such as business districts and along local collector or arterial roads.

A one-hundred-year design storm is appropriate where a storm in excess of the design storm will cause damage to existing or future structures or their contents.

The design or analysis of all major natural or man-made overland drainage systems shall have adequate capacity for the twenty-five-year to one-hundred-year return storm, and shall further consider the two-year storm event for velocity. Permissible velocities are as indicated in SCS criteria.

Stormwater runoff from watersheds of 200 or less acres shall be calculated by the Rational Method as described in Manual Number 37 of the American Society of Civil Engineers, except as the watershed size criteria may be modified by an approved Act 167 Stormwater Management Plan. The rational method of runoff calculation is explained in Appendix A.

Editor's Note: Appendix A is included at the end of this chapter.

Stormwater runoff from watersheds of more than 200 acres shall be calculated using the soil cover complex method developed by the Natural Resources Conservation Service or other appropriate method acceptable to the Borough Engineer.

The design of any detention facility shall be verified by routing the proposed postdevelopment hydrograph through the basin using a storage-indication technique.

The Manning equation explained in Appendix A shall be used in calculating capacities of watercourses and storm sewers, except culverts, which shall be designed using methods acceptable to the Borough Engineer.

Complete detailed drainage calculations and applicable charts and nomographs certified by the design engineer shall be submitted to the Borough Engineer.

Stormwater detention.

Stormwater shall be governed by the following provisions:

Postdevelopment rates of runoff for the two- through one-hundred-year storm events shall not exceed predevelopment rates.

Within watersheds for which there is an approved Act 167 Stormwater Management Plan, the detention facilities shall at minimum be designed to discharge postdevelopment peak runoff rates consistent with the plan criteria.

Within watersheds for which there is not an approved Act 167 Stormwater Management Plan, the detention facilities shall be designed to provide that the peak rate of runoff at all points of discharge from the site, when developed, will not exceed the peak rate of runoff at each of those points prior to development.

Where detention facilities are included as part of the storm drainage system, the following provisions will apply:

Detention ponds shall be designed so that they return to normal conditions within approximately 24 hours after the termination of the storm, unless the Borough Engineer finds that downstream conditions may warrant other design criteria for stormwater release;

The developer shall demonstrate that such ponds are designed, protected and located to assure that public safety is maximized and health problems are prevented. The following minimum criteria shall apply:

Top berm width shall be a minimum of six feet;

Side slopes shall be three horizontal to one vertical or flatter;

All ponds shall incorporate an impervious clay liner having a minimum depth of one foot.

Ponds shall be designed with a minimum freeboard of one foot above the maximum water elevation.

[5]

All ponds shall be designed with a minimum bottom slope of 1%.

[6]

In all detention ponds having surface discharge, the outfall end section shall be located a minimum of 20 feet from the adjoining downstream property line.

[7]

All retention ponds three feet or more in depth shall be surrounded with a minimum four-foot high chain-link fence and gated.

The developer shall verify that the operation of the detention facilities will not aggravate potential downstream peaking conditions;

Emergency overflow facilities shall be provided for detention facilities to handle runoff in excess of design flows;

A drainage easement, described by bearings and distances, shall be provided around all detention basins. The easement shall encompass the limits of the pond berm and the one-hundred-year water surface elevation plus the basin outflow to the point of off-site discharge.

Since the detention pond will remain in common ownership, the developer shall provide an annotation on the record plan imposing a covenant running with the land requiring perpetual maintenance and repair of the detention pond and all appurtenances, by the respective lot owner(s). The covenant shall also state that no structures, fences, trees or other landscaping materials (other than grass) shall be placed or planted within the detention pond.

Stormwater collection and conveyance systems.

Inlets. The placement of inlets shall be governed by the following design criteria:

Inlets shall be placed at points of abrupt changes in the horizontal or vertical directions of storm sewer pipes and drainage swales and on both sides of a street at all designed low points.

On streets with center-line grades of 2% or less, inlets shall be spaced at a maximum distance of 400 feet apart. On streets with center-line grades greater than 2%, inlet spacing shall not exceed 600 feet.

Inlets shall be depressed two inches below the grade of the gutter or ground surface, and shall be provided with bicycle-safe grates.

Capacity calculations shall be provided for all inlets.

Storm sewer manholes may be substituted for inlets at locations where inlets are not required to handle surface runoff.

Underdrain pipe systems may be required where soil conditions warrant their installation.

Roadside drainage swales. The construction of roadside drainage swales shall be in accordance with the following requirements:

On all non-curbed streets, drainage swales will be required along both sides of the street.

On all local collector and arterial streets, the roadside swales shall be designed to convey the runoff from a twenty-five-year storm event.

As a minimum, the depth of all roadside swales shall be six inches. The swales shall be designed to convey the runoff from the required storm event within the street right-of-way.

Storm sewer pipe. The design of storm sewer pipe systems shall be in accordance with the following requirements:

All storm sewer lines shall be designed with a minimum 0.005 feet/foot (0.50%) slope.

Storm sewer lines within street rights-of-way shall be parallel to the center line as far as practical. A sufficient number of structures (inlets or manholes) shall be provided to eliminate unnecessary crossings of other utility lines and passage beneath curbs.

Storm sewer shall be designed on the basis of inlet or outlet control, as applicable, unless a more detailed backwater analysis is deemed necessary by the Borough Engineer.

No storm sewer headwalls or endwalls shall be constructed within any street right-of-way.

§ 213-26 Underground utilities and easements.

Electric utility easement lines. In accordance with a Pennsylvania Public Utility Commission order of July 8, 1970, all electric utility distribution lines shall be installed underground in subdivisions or land developments of five or more dwelling units. In addition, the following design standards shall be observed:

Whenever practicable, telephone and cable TV utilities shall also be installed underground.

Whenever practicable, underground electric and communication utility lines shall be installed within the same utility trench.

All utility lines servicing commercial and industrial developments shall be installed underground.

Utility easements.

Utility easements shall be provided for wire, conduits, sanitary and storm sewers, gas and water mains and/or other utility lines intended to service the abutting lots. No structures shall be placed within such easements, except structures associated with the utilities.

Utility easements shall be located at all of the following:

Abutting the street right-of-way. In this case, a minimum easement width of 10 feet shall be required.

Along rear or side lot lines. In this case, a minimum easement width of 20 feet, 10 feet on each side of the lot line, shall be provided. Where the lot line coincides with the subdivision or land development boundary, a minimum easement width of 10 feet is required.

Petroleum transmission lines.

No company intending to install any petroleum, petroleum products or natural gas transmission lines shall be allowed to construct the line on less than a fifty-foot right-of-way, such line to be installed in the center of the right-of-way, and shall comply with the applicable standards imposed by state and federal laws and regulations.

There shall be a minimum distance of 25 feet between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission right-of-way line which traverses the subdivision, but in no event less than 50 feet from any petroleum or natural gas transmission line.

Easement maintenance. All surface and subsurface easements required by this chapter or shown on the record plan shall be kept clear of any and all structures and obstructions including, but not limited to, buildings, trees, shrubs, driveways and berms. On surface drainage swale easements, fences shall not be constructed within the limits of the one-hundred-year stormwater surface elevation. Grades, once established on the approved plan, shall not be altered without approval by the Council. A covenant shall be added to the record plan which contains the above maintenance note.

Cable systems.

[Added 1-15-2007 by Ord. No. 255]

Notification to cable operators. In extending lines to new subdivisions and/or land developments within the Borough, each cable operator shall accept from the developer only those easements which provide nonexclusive rights to operate a cable system within such subdivision and/or land development. No such easement shall prevent any other cable operator authorized to operate within the Borough, then or in the future, from using such easement to extend other and further lines to such subdivision and/or land development. In each new subdivision and each new land development, the developer shall, upon notifying public utilities of the opportunity to serve such subdivision or land development, also notify all cable operators licensed to operate a cable system in the Borough, of the opportunity to install cable facilities to serve the subdivision or land development. Each owner of a separate tract of land of record in such subdivision or land development and all persons within the Borough shall have the right to freely choose any cable operator permitted in the Borough to serve such person with such cable operator's cable system.

Changes required by public improvements. The cable operator shall, upon reasonable notice, and at its reasonable expense, temporarily disconnect, relocate or remove from the street or other public place any of its property when required by the Borough by reason of traffic conditions, public safety, street vacation, street construction, installation of sewers, drains, water pipes, or any other type of structure or improvements by public agencies.

Requests for removal or change. The cable operator shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of said building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the cable operator shall have the authority to require such payment in advance. The cable operator shall be given not less than 15 days' advance written notice of any move contemplated to arrange for temporary wire changes.

§ 213-27 Environmental protection.

Erosion and sediment control.

General standards.

No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced within a proposed subdivision or land development tract until such time that a plan for sedimentation control and minimizing erosion has been reviewed and found satisfactory by the Northampton County Soil and Water Conservation District and reviewed and approved by the Borough, or there has been a determination by the Borough, upon recommendation by the Northampton County Soil and Water Conservation District, that such plans are not necessary.

Measures used to control erosion and reduce sedimentation shall meet the standards and specifications of the Pennsylvania Department of Environmental Protection Erosion and Sediment Pollution Control Program Manual, as amended. The Borough Engineer, or other officials as designated, shall ensure compliance with the appropriate specifications, copies of which are available from the Northampton County Conservation District.

Performance principles. The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:

Stripping of vegetation and grading shall be kept to a minimum.

Development plans shall preserve significant natural features, keep cut-and-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.

Whenever feasible, natural vegetation shall be retained, protected and supplemented.

The disturbed area and the duration of exposure shall be in accordance with the Pennsylvania Department of Environmental Protection Erosion and Sediment Pollution Control Program Manual.

Disturbed soils shall be stabilized by permanent vegetation and/or by mechanical erosion control and drainage measures as soon as practicable in the development process.

Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.

(g)

Provisions shall be made to effectively accommodate the increased runoff caused by soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be mechanically retarded.

(h)

Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.

Grading for drainage. In order to provide more suitable sites for building and other uses, improve surface drainage and control erosion, the following requirements shall be met:

All lots, tracts or parcels within a proposed subdivision or land development shall provide proper drainage away from buildings and dispose of surface water without ponding, except where an alternative drainage system is approved. Natural drainage patterns shall be preserved wherever possible.

Cut-and-fill slopes shall not be steeper than 3:1 unless stabilized by a retaining wall or cribbing.

Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations of the sloping surfaces of fills.

Cut-and-fills shall not endanger adjoining property.

Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.

All cuts and fills within one-hundred-year floodplain areas must be in accordance with Chapter 112, Floodplain Management. Fills placed adjacent to constructed channels shall have suitable protection against erosion during periods of flooding.

(g)

Grading will not be done in such a way as to divert water onto the property of other landowners without the written consent of the landowners.

(h)

During grading operations, necessary measures for dust control will be exercised.

(i)

No equipment shall alter or damage the bed and banks of any stream, unless approved by the Pennsylvania Department of Environmental Protection. Equipment shall cross streams only at approved crossings utilizing culverts or bridges.

Natural feature preservation. The design and development of subdivisions and land developments shall be in harmony with the natural features of the site and shall respect the development limitations of the natural features. Subdivision and land development design shall be integrated with the natural terrain of the site, wooded areas, large trees, natural watercourses, rock outcroppings and scenic views.

Areas with development limitations.

The filling or development of wetlands and areas of hydric soils shall conform to the regulations of Chapter 250, Zoning, and shall not proceed until relevant U.S. Army Corps of Engineers and PA Department of Environmental Protection permits have been granted.

Tree preservation and planting.

Trees six inches or more in diameter (measured at a height of four feet above grade) shall not be removed unless they are located within the proposed cartway, driveway, or sidewalk portion of a street right-of-way, or within 25 feet of the foundation area of a new building. Areas in which trees are retained shall remain at original grade level and undisturbed wherever possible.

All existing trees six inches or more in diameter (measured at a height of four feet above grade) shall be located and identified on the plan. The Borough may waive this requirement in densely wooded areas and tree rows.

In all subdivisions and land developments containing property line tree rows, a minimum ten-foot wide easement shall be established along the lot lines having existing tree rows. A protective covenant shall be added to the plan stating that no trees shall be removed nor grades altered within these easements without approval by the Council.

In subdivisions or land developments where street trees are proposed, they shall be planted outside of street right-of-way lines, with underground utilities being located a minimum of 10 feet from the trees.

In particular, but not in limitation, approved trees for street planting include the following:

Acer rubrum - Red maple.

Acer saccharum - Sugar maple.

Fraxinus americana - White ash.

Fraxinus pennsylvanica lanceolata - Green ash.

[5]

Gleditsia tricanthos inermis - Moraine locust.

[6]

Ginkgo biloba - Ginkgo (male).

[7]

Liquidambar styraciflua - Sweet gum.

[8]

Liriodendron tulipifera - Tulip tree.

[9]

Phellodendron amurense - Amur cork tree.

[10]

Quercus alba - White oak.

[11]

Quercus borealis - Red oak.

[12]

Quercus coccinea - Scarlet oak.

[13]

Quercus phellos - Willow oak.

[14]

Tilia-Linden - all species hardy to the area.

[15]

Zelkova Serrata - Japanese Zelkova.

For all land developments and for all subdivisions not a minor subdivision, a landscape plan shall be developed. The plan shall show the plant cover which exists, and on the same or separate sheet, that which will exist when the landscaping is completed.

Topsoil protection.

Topsoil shall be removed from the areas of construction and stored separately.

The topsoil shall be stabilized to minimize erosion during storage, upon completion of the construction, the topsoil must be uniformly redistributed on the site.

Stream frontage maintenance.

An easement for maintenance purposes, a minimum of 20 feet in width, shall be provided along all stream banks.

Any grading, excavation or other work within these easements shall be in accordance with Chapter 112, Floodplain Management, or Chapter 250, Zoning, as applicable.

Open space and recreation areas.

Recreation areas.

Areas meeting the criteria for recreation lands as set forth in the definitions shall be offered for dedication to the Borough, subject to the approval of the Council. The Council shall consider the offer relative to the following factors:

The suitability of the size, shape and landform of the tract for appropriate recreational facilities. No recreation area shall measure less than two acres in size.

Accessibility.

Conformity with the parks and recreation element of the Comprehensive Plan.

Ability of nearby recreation facilities to serve the subdivision.

Access to recreation areas dedicated to the Borough pursuant to Subsection C(1)(a) shall be as follows:

At least one side of the recreation area shall front on a public street. Frontage on two or more public streets is preferred. The above requirements are not necessary if the area proposed for dedication adjoins lands currently utilized by the Borough for recreation purposes.

Additional access may be provided by rights-of-way connecting the recreation area with public streets.

Right-of-way providing access to a recreation area shall have a minimum width of 50 feet. Each right-of-way shall be part of the dedicated recreation area and contain at least one eight-foot wide macadam path, constructed to Borough standards, connecting the recreation area to the public street.

Cash in lieu of recreation land dedication may be offered, subject to the approval of the Council.

Karst hazards.

Purpose. The purpose of this subsection is to recognize the potential for damage to public and private improvements, human injury or death, and the disruption of vital public services which may arise by the potential for sinkholes and/or subsidence within areas of carbonate geology. A further purpose of this section is to minimize the potential for such sinkhole and/or subsidence occurrence and to protect the groundwater resource. Should the regulations of this and other applicable regulations conflict, the most stringent regulations shall apply.

Disclaimer of liability. Whereas the exact occurrence of sinkholes and/or subsidence is not predictable, the administration of these regulations shall create no liability on behalf of the Borough, the Borough Engineer, Borough employees, or Borough agencies as to damages which may be associated with the formation of sinkholes or subsidence. That is, compliance with these regulations represents no warranty, finding, guarantee, or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agencies, consultants and employees assume no liability for any financial or other damages which may result from sinkhole activity.

Procedures.

As part of the preliminary plan requirements for all subdivisions and land developments, the applicant shall engage a qualified professional to review the existing aerial photos, soils, geological and related data available to him as it may pertain to the subject inspection of the property.

A site inspection by the applicant's professional, using all available data and with such assistance as is needed, shall determine the presence or absence of Karst surface features of the site, and locate the same if present on a site plan at a scale no smaller than one inch equals 100 feet. In particular, the following features shall be located, if present, on the site:

Closed depressions;

Open sinkholes;

Seasonal high water table indicators;

Unplowed areas in plowed field;

[5]

Surface drainage into ground;

[6]

Quarries or borrow pits;

[7]

Rock outcrops and other Karst features.

The applicant must provide the Borough with a map at a scale of one inch equals 100 feet that show the Karst features listed in Subsection D(3)(b).

Based upon the site inspection, the applicant's professional shall determine what further testing should be done by the applicant to ensure compliance with the performance standards set forth in Subsection D(4). Testing methodology shall be reasonable under the circumstances, including:

The scale of the proposed development; and

The hazard revealed by examination of available data and site inspection.

The applicant shall cause the additional testing, if any, to be effected and shall submit test results to the Borough Engineer.

The Borough Engineer shall report to the Planning Commission, with a copy to the applicant, his opinion concerning the adequacy of the report submitted based upon the scale of the development and the hazards revealed by the report, and shall make recommendations to the Planning Commission based upon the report submitted concerning site development, including stormwater management, the layout of utility lines, and building location. The Borough Engineer may require the applicant to perform such additional testing as may be appropriate.

Performance standards.

All applicants for subdivisions or land developments shall comply with the requirements of this chapter regarding Karst hazards.

No stormwater detention facility shall be placed within 100 feet of the features listed in Subsection D(3)(b), unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.

No stormwater swale with design flows in excess of 10 cubic feet per second for the ten-year flood may be constructed within 100 feet of the features listed in Subsection D(3)(b), unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.

No storm sewer pipe shall be constructed within 100 feet of the features listed in Subsection D(3)(b) unless it is concrete pipe utilizing O-ring joints.

No principal or accessory building, no structure, and no impervious surface shall be located closer than 100 feet from the edge of the features listed in Subsection D(3)(b), unless a detailed geotechnical solution of the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.

No septic system or tile field, no swimming pool, no solid waste disposal area, transfer area or facility, no oil, gasoline, salt or chemical storage area, and no blasting for quarrying or well-enhancement activities shall occur within 100 feet of the features listed in Subsection D(3)(b) unless a detailed geotechnical solution to the subsidence, pollution and safety problems of the Karst feature has been presented by a competent professional in carbonate geology.

(g)

Soil erosion and sedimentation control plans filed with the Northampton County Conservation District shall detail safeguards to protect identified Karst features.

(h)

All storm sewer lines located in a Karst area shall be so constructed as to not permit the flow of water along the utility line trench, and shall be imperviously diked at thirty-foot intervals.

(i)

When a proposed public water or sanitary sewer line is located in an identified Karst area, the applicant shall demonstrate to the Borough that the appropriate utility authority has been notified of this fact and that the applicant will comply with the authority's recommendations concerning provisions to prevent the flow of water along the utility line trench.

Steep slopes.

The natural terrain of the subdivision shall be retained wherever possible with cut and fill operations kept to a minimum.

Shadings or markings differentiating the slopes noted below shall be illustrated on the plan:

Eight percent or less slope;

Over 8% and up to 15% slope;

Over 15% and up to 25% slope;

Over 25% slope.

Slopes over 15% in grade are considered generally unbuildable utilizing normal construction techniques and conventional on-lot sewage disposal. Subdivision plans utilizing such slopes shall automatically be required to submit detailed grading and drainage, landscaping and soil erosion and sedimentation plans. Subdivision standards shall not be modified in steep slope areas, except when in the opinion of the Borough Engineer they need be to facilitate the use of innovative development techniques which will lesson environmental impact and harm. Cut-and-fill slopes shall not be steeper than 3:1.