SUBDIVISION OF LAND. Borough of FREEDOM. Chapter 180 CODE. From the. of the GENERAL CODE PUBLISHERS COW.

Transcription

1 SUBDIVISION OF LAND Chapter 180 From the CODE of the Borough of FREEDOM GENERAL CODE PUBLISHERS COW.

2 SUBDIVISION OF LAND Chapter 180 From the CODE of the BOROUGH OF FREEDOM COUNTY OF BEAVER COMMONWEALTH OF PENNSYLVANIA [Printed as adopted as Ord. No. 393 and as slated for amendment at time of adoption of Code. Consult municipal records for possible amendments adopted thereafter and for date of Code adoption.] GENERAL CODE PUBLISHERS CORP. 72 Hinchey Road Rochester, New York

3 SUBDIVISION OF LAND Chapter 180 SUBDIVISION OF LAND ARTICLE I Purpose and Authority Adoption: authority. Purpose; grant of power. Title. Subject properties. Plan required. ARTICLE I1 Definitions Word usage. Definitions ARTICLE I11 Application and Plan Requirements Compliance required. Preapplication Preliminary plat review Preliminary plats and data Approval of final plat Final plat and data required for approval Resubdivision or replatting

4 FREEDOM CODE Subdivisions of fewer than three lots. Q Unnecessary hardship. ARTICLE IV Design Standards D Application of standards Land requirements Street requirements Lots Building lines Blocks Easements Sidewalks Reserved areas Street names Access. ARTICLE V Improvement and Construction Requirements Monuments Utility and street improvements Schedules of required utilities and street improvements Recording. ARTICLE VI Conditions of Acceptance 18002

5 SUBDMSION OF LAND S Q General criteria. Q Grant of variance. Q Conditions. ARTICLE VI1 Variances ARTICLE VI11 Certificates, Affidavits and Approvals Q Certificates, affidavits and approvals. ARTICLE IX Penalty Q Violations and penalties. [HISTORY. Adopted by the Borough Council of the Borough of Freedom as Ord. No Amendments noted where applicable.] GENERAL REFERENCES Building construction - See Ch. 76. Flood damage prevention -See Ch Grading, excavations and filling - See Ch Zoning - See Ch ARTICLE I Purpose and Authority Q Adoption; authority. The following rules and regulations for the subdivision of land in the Borough of Freedom, Beaver County, Pennsylvania, 18003

6 D FREEDOM CODE Q were adopted by Ordinance No. 393, dated November 12, 1968, by the Borough Council pursuant to the Act of July 10, 1947, P.L. 1621, as amended Purpose; grant.of power. For the purpose of assuring sites suitable for building purposes and human habitation and to provide for the harmonious development of boroughs, for the coordination of existing streets with proposed streets, parks and other features of the official street plan of the borough, for ensuring adequate open spaces for traffic, recreation, light and air and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens, any borough is empowered to adopt land subdivision regulations. Such regulations may include definitions, design standards, plan requirements, plan processing procedures, improvement and construction requirements and conditions of acceptance of public improvements by the borough Title. This chapter shall be known and may be cited as the Freedom Borough Subdivision Regulations Subject properties. No subdivision of any lot, tract or parcel of land shall be affected; no street, sanitary sewer, storm sewer, water main or other facilities 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 strict accordance with the provisions of these. regulations. Editor s Note: See 53 P.S et seq

7 SUBDMSION OF LAND Plan required. No lot in a subdivision may be sold; no permit to erect, alter or repair any building upon land in a subdivision may be issued; and no building may be erected in a subdivision. unless and until a subdivision plan has been approved and recorded and until the improvements required by the Borough Planning Commission in connection therewith have either been constructed or guaranteed as hereinafter provided Word usage. ARTICLE I1 Definitions For the purpose of these regulations, words used in the present tense include the future tense, the terms shall and will are always mandatory and the word may is permissive Definitions. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated: ALLEY - A minor right-of-way providing secondary vehicular access to the side or rear of two (2) or more properties. AVAILABLE SEWER - A municipal sewer is available if it is one thousand (1,000) feet or less from the nearest point of a Subdivision. BOROUGH - The Borough of Freedom. BUILDING LINE - The line within the property defining the required minimum distance between any enclosed structure and the adjacent street right-of-way

8 FREEDOM CODE CARTWAY- That portion of the street right-of-way surfaced for vehicular use. Width is determined from face of curb to face of curb. CLEAR-SIGHT TRIANGLE - An area of unobstructed vision at intersections defined by lines of sight between points at a gwen distance from the intersection of center lines. COUNCIL- The legslative body of the Borough of Freedom. COmNANT- An obligation defined by law or agreement, the violation of which can be restrained by court action; these are usually stated in the deed. CUL-DE-SAC- A residential street with one (1) end open to traffic, pedestrian access and permanently terminated by a vehicular turnaround. 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.2 EASEMENT - Grant by a property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, a corporation or a certain person or persons. ENGINEER - The Engineer of the Borough of Freedom. ESSENTIAL SERVICE - The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, including buildings necessary for the furnishing of adequate services for the public health, safety or general welfare. FRONT YARD- The open space extending across the width of the lot, between the front building line and the street right-of-way or front. Editor's Note: Amended at time of adoption of Code: see Ch. 1. General Provisions. Art. I

9 Q SUBDIVISION OF W D GROUP HOUSING PROJECT - Where two (2) or more residential buildings are constructed on a plot of ground not subdivided into customary lots and streets. IMPROVEMENTS - Those physical changes to the land necessary to produce usable and desirable lots from raw acreage, including but not limited to: grading, paving. curb, gutter, storm sewers and drains. improvements to existing watercourses, sidewalks, crosswalks. street signs, monuments, water supply facilities and sewage disposal facilities. LOT- A designated parcel. tract or area of land established by a plat or as otherwise permitted by law and to be used, developed or built upon as a unit.3 LOT DEPTH - The horizontal distance between the front line and the rear lot line. MODIFICATION - An authorization recommended by the Planning Commission and approved by Borough Council permitting subdivisions and/or land development not in accordance with the requirements of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the same will not be contrary to the public interest and that the purpose and intent of this chapter is observed.4 PERSON - A natural person, joint venture, joint-stock company, partnership, association, club, company, corporation, business trust, organization or the manager. lessee, agent, servant, officer or employee of any of them. PLANNING COMMISSION - The Freedom Borough Planning Commission. Editor's Note: Amended at t ie of adoption of Code: see Ch. 1, General Provisions. Art. I. I. Editor's Note: Added at time of adoption of Code: see Ch. 1. General Provisions. Art

10 FREEDOM CODE PLAT, COMPREHENSIVE - The Comprehensive Plan for Freedom Borough, PUT, FINAL - A complete and exact subdivision plan, prepared for official recording as required by statute, to define property right and proposed streets and other improvements.6 PLAT, PRELIMINARY - A tentative subdivision plan, in lesser detail than a final plan, showing approximate street and lot layout on a topographic map as a basis for consideration prior to preparation of a final plan.7 REAR YARD - The required open space extending from the rear of the main building and alongthe rear lot line (not a street line) throughout the whole width of the lot. RESUBDMSION or REPLATTING - The replatting of a recorded subdivision, in whole or in part, by a redesign of lots, by change of size, area or by street layout. RIGHT-OF-WAY - Any public highway, street or alley accepted by different levels of government for public use, usually Council; all must be recorded in the Recorder of Deeds Office, Beaver County, Beaver, Pennsylvania. SIDE YARD- A yard between the building and the adjacent side line of the lot extending from the front line of the building to the rear line of the building. Corner lots shall have a street "side yard" of the same dimensions as a front yard. STREET MAINTENANCE - The procedure applied to new or existing streets or streets under construction for purposes of accommodating vehicular travel with a minimum of interruption, delay or safety hazard, Editor's Note Amended at time of adoption of Code: see Ch. 1. General Provisions, Art. I. Editor's Note: Amended at time of adoption of Code: see Ch. 1. General Provisions. Art. I. Editor's Note: Amended at time of adoption of Code: see Ch. 1. General Provisions. Art. I

11 SUBDIVISION OF LAND including resurfacing, regrading, drainage improvement, pothole repair, dust prevention practices and snow removal. STREETS: A. ARTERIAL- Streets serving large volumes of comparatively high-speed and long-distance traffic and include facilities classified as main and secondary highways by the Pennsylvania Department of Highways. B. COLLECTOR - Streets which, in addition to gwing access to abutting properties, intercept minor streets and provide routes, carrying considerable volumes of local traffic to community facilities and to arterial streets. C. LOCAL- Streets used primarily to provide access to abutting properties. SUBDMDER- The owner or authorized agent of the owner of the subdivision. SUBDMSION- 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.' Editor's Note: Amended at time of adoption of Code: see Ch. 1. General Provisions, Ar+ I

12 FREEDOM CODE TOPOGRAPHIC MAP- A map showing ground elevations by contour lines and the location of important natural and other object^.^ ARTICLE I11 Application and Plan Requirements Compliance required. Any subdivider of land within the borough desiring approval of a subdivision of land shall comply with the following procedures Preapplication. A. Previous to the filing of an application for conditional approval of a preliminary subdivision plan, the subdivider shall submit the following plans and data to the Planning Commission: (1) General information. Describe existing covenants, land characteristics, community facilities and utilities, the number of lots and sizes, business area, playgrounds and proposed protective covenants, utilities and street improvements. (2') (3) Location 'map. The map shall show relationship of the proposed subdivision to existing community facilities which serve or influence it and shall include development name, location, existing facilities, title, scale and North arrow. Sketch plan. A sketch plan on a topographic map with a five-foot contour interval shall show in simple sketch form the proposed layout of streets, lots and Editor's Note: The original definition of "variance." which immediately followed this definition, was repealed at t ie of adoption of Code: see Ch. 1. General Provisions. Art. I. See now the definition of *modification." above

13 SUBDIVISION OF LAND other features in relation to existing conditions and may be drawn freehand. B. After review and discussion with the subdivider, the Planning Commission shall indicate the suitability of the plan for development into preliminary plans Preliminary plat review.'o A. Application. On reaching conclusions as recommended above regarding the general program and objectives, the subdivider shall prepare and submit to the Planning Commission Secretary, at least ten (10) days prior to the regular monthly meeting of the Planning Commission, two (2) copies of the preliminary plats of the total land to be ultimately developed for review by the Planning Commission according to the requirements and standards contained herein. B. Planning Commission review. The Planning Commission shall review the plan submitted, covering the requirements of these regulations point by point, and shall consult with the Engmeer and officials of any other department or authority concerned. C. Planning Commission action. The Planning Commission shall notify the subdivider of the scheduled meeting place, date, time and agenda schedule. Within ninety (90) days of this scheduled agenda review, the Planning Commission shall report to Council on the subdivision, recommending approval, conditional approval or disapproval, each with reasons for action. D. Action of Council. Council shall act on the preliminary plan, stating its approval, conditional approval or disapproval, giving reasons for each, and may authorize, in writing, submission of a final plan for approval. The Editor's Note: Amended at time of adoption of Code: see Ch. 1. General Provisions. Art

14 FREEDOM CODE Council shall notify the applicant, in writing, within fifteen (15) days of making its decision. E. Nature of approval. Approval of a preliminary plan shall not constitute approval of a final plan, but rather an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan. D Preliminary plats and data.l Preliminary plans and data shall include but not be limited to the following: A. The preliminary plat shall be drawn at a scale of one hundred (100) feet to the inch or greater. B. The plat shall show or be accompanied by the following: (1) Material required in (2) A draft of protective covenants, if any. (3) A title, to include: (a) Name by which the subdivision will be recorded. (b) Location by municipality, county and state. (c) Names and addresses of the owner or owners. (d) Name of registered engmeer or surveyor who surveyed the property and prepared the plan. (e) North point, date and graphic scale. (4) Tract boundaries with bearings, distances and area in acres to the nearest hundredths. (5) Existing easements, their location, width and distance. l1 Editor s Note: Amended at time of adoption of Code: see Ch. 1. General Provisions. Art. I

15 SUBDIVISION OF LAND S (6) Tract closures and block closures with an allowable error of one to twenty-five thousand ( 1:25.000). (7) Contours at vertical interval of five (5) feet or, in the case of relatively flat tracts, at such intervals as may be necessary for study of the tract. (8) Datum to which contour elevations refer. (9) Bench marks. (10) Existing physical features, to include: (a) Watercourses, culverts, bridges and drains. (b) Buildings, hydrants. sewers, water mains and fire (c) Streets and alleys on or adjacent to the tract, including name, right-of-way widths and cartway widths. (11) Proposed improvements shall include: (a) Location, name and width of all proposed streets and alleys and paved cartway widths. (b) Sidewalks and crosswalks. (c) All rights-of-way and easements. (d) Lots lines with bearings and dimensions. (e) Building lines. (0 Reservations of grounds for public use. (g) General drainage plan for stormwater to include proposed directions. of flow for stormwater in relation to natural channels. (h) A plan of the proposed water distribution system or a plan showing the location of individual wells. (i) A plan of the proposed sanitary sewerage system or a plan, where required, showing the 18013

16 FREEDOM CODE rj proposed location of on-lot sewage disposal facilities. (i) Proposed land use of the improvement (12) The following additional data shall be submitted upon request by the Planning Commission: (a) Names of abutting property owners. (b) Subsurface condition of the tract. (c) Profiles showing existing ground and proposed center-line street grades. (d) Typical cross sections of roadways and sidewalks. (e) Sizes of water pipes and location of valves and fire hydrants. (0 Location of manholes, invert elevations, grades and sizes of sanitary sewers Approval of final plat.12 A. Application to Planning Commission. When filing an application for examination of final plat, upon approval of the preliminary plat, the subdivider shall submit to the Planning Commission Secretary, at least ten (10) days prior to a regular meeting of the Planning Commission, one (1) paper copy of all plans and other information. Four (4) copies may be submitted to meet requirements of Subsection G of this section. All final plats and other exhibits required for approval shall be submitted to the Planning Commission within six (6) months after approval of the preliminary plan. Otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the Planning Commission. l2 Editor's Note Amended at time of adoption of Code: see Ch. 1. General Provisions. Art. I

17 SUBDIVISION OF LAND B. Planning Commission review. The Planning Commission shall notify the subdivider of the scheduled meeting place, date, time and agenda schedule. Within ninety (90) days of this scheduled agenda, the Planning Commission shall report to Council on the subdivision recommending approval, conditional approval or disapproval, each with reasons for action. Approved final plats shall bear the signatures of the Chairman and the Secretary of the Planning Commission to a certified statement that all plat procedure requirements have been met. C. Planning Commission action. Following review by the Planning Commission, all final plats shall be submitted by the Planning Commission to the Borough Secretary at least ten (10) days prior to a regular meeting of Council. D. Title certificate. No final map shall be presented to the Council unless a satisfactory certificate of title is furnished to the Engineer. E. Action of Council. Council shall review the final plat for recording and shall indicate approval, conditional approval or disapproval. Approved final plats for recording shall bear the signatures of the President and Secretary of Council to a.certified statement that all plan procedure requirements have been met. The Council shall notify the applicant, in writing, within fifteen (15) days of making its decision. F. Application fee. At the time of filing the application of plats, the subdivider shall pay to Council for use by the borough a fee to defray the cost of processing such plats and drafting the same on the Official Map of the borough. The fee shall be determined by the Engineer based upon the estimated cost of processing such plats. G. Disposition of plats. One (1) copy of all final plats submitted for approval shall be retained by the Planning Commission, one (1) copy by Council, one (1) copy to be filed by the subdivider according to Article VI, , the fourth copy shall be returned to the subdivider. The 18015

18 FREEDOM CODE copy retained by the Planning Commission shall be an approved duplicate linen. Q Final plat and data required for approval.13 A. For any subdivision requiring approval, the plat submitted shall: Be drawn on Mylar or similar material and shall be on sheets in multiples of seventeen by twenty-two (17 x 22) inches with a border of one-half (1/2) inch on all sides except the binding edge which shall be one (1) inch. More than one (1) sheet may be used for larger tracts and must be indexed. Be drawn with waterproof black ink and all records, data, entries, statements, etc., thereon shall also be made with the same type of ink or reproducible typing. Be drawn to a scale of one hundred (100) feet to the inch or larger. Contain a title block in the lower right corner with the following: (a) Name under which the subdivision is to be recorded. (b) Date of the plan, graphic scale and location of subdivision. (c) Name of subdivision owner. (d) Name and address of the registered professional engineer or surveyor preparing the plan. B. All final plats submitted shall be drawn according to the following: l3 Editor's Note: Amended at time of adoption of Code: see Ch. 1. General Provisions. Art. I

19 B SUBDIVISION OF LAND (1) Outside of subdivision: (a) Streets and other ways of medium solid lines. (b) Property lines of adjacent subdivisions by medium dashed and two (2) dotted lines. (c) Lot lines by light dotted lines. (d) Restriction lines, easements. etc., by light dashed lines. (2) Within subdivision: (a) Streets or ways of heavy solid lines. (b) Perimeter property lines of the subdivision by heavy dashed and two (2) dotted lines. (c) Lot lines of medium solid lines. (d) Restriction or building lines by medium dashed lines. (e) Easements or other reserved areas by light dotted lines. C. The final plat shall show: Primary control points, approved by the Engmeer, or description and ties to which all dimensions. angles, bearings and similar data shall be referred. Tract boundary lines, right-of-way lines of streets, easements and other right-of-way and property lines of residential lots and other sites with accurate dimensions, bearings or deflection angles, radii, arcs and central angles of all curves. Name and right-of-way width of each street or right-of-way. Location, dimensions and purpose of all easements. Number to identify each lot or site. Purpose for which sites other than residential are to be dedicated

20 FREEDOM CODE Building setback line on all lots and sites. Location and description of survey monuments. Names of recorded owners of adjoining unplatted land. (10) Certification of surveyor or professional engineer as to the accuracy of survey and plat. (11) Statement by the owner dedicating streets, rightsof-way and sites for public use. (12) Protective covenants, if any, in form for recording. (13) Such other certificates, affidavits, endorsements or dedications as may be required in the enforcement of these regulations Resubdivision or replatting. For the combination or recombination of lots or portions of previously platted lots, when the resultant lots are increased in street frontage and total area size that reaches or exceeds the standards of this chapter, and the street pattern is in conformity with the Borough Comprehensive Plan, the procedures and regulations heretofore described shall be followed except as they may be modified on application to the Planning Commission Subdivisions of fewer than three lots.14 Plats and data involving subdivision of fewer than three (3) lots shall include but not be limited to the following: A. The provisions of $ through will be waived for subdivisions of fewer than three (3) lots, and the following requirements will become applicable: l4 Editor's Note: Amended at time of adoption of Code: see Ch. 1. General Provisions. Art. I

21 $ SUBDIVISION OF W D (1) The proposed plat shall be drawn at a scale of one hundred (100) feet to the inch or greater. (2) The proposed plan shall be legblg drawn on linen or comparable permanent material of the size twelve by eighteen (12 x 18) inches. (3) The plat shall show or be accompanied by the fo 1 lowing: A description of covenants. A title. to include: [l] Location by municipality. county and state. [2] Names and addresses of the owner or owners. [3] Names of registered engineer or surveyor, if any. who surveyed the property andlor prepared the plan. [4] North point, date and graphic scale. Proposed use of the land. Lot lines. dimensions and land area of proposed lot. Also, the area remaining in the original parcel. Existing and proposed streets, alleys and/or easements on or adjacent to the tract. Available utilities (if public sewer and water source and sewage disposal system should be indicated). Statement by the owner dedicating streets and rights-of-way for public use. Names of abutting property owners. The following additional data shall be submitted upon request by the Planning Commission: 18019

22 FREEDOM CODE [ll Subsurface and drainage conditions of the tract. [ZI Any other data pertinent to the plan. B. Preliminary and final plats. Conformance with the above requirements may replace the preliminary and final plat requirements. C. Approval and disposition of final plats. Approval and disposition of final plats shall be in accordance with except that in Subsection A, the sentence, All final plats and other exhibits required for approval shall be submitted to the Planning Commission within six (6) months after approval of the preliminary plan shall not apply to this section Unnecessary hardship;l5 By virtue of the Municipalities Planning Code, 53 P.S et seq., where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship, the Council may make such reasonable exception thereto as will not be contrary to the public interest and may permit the sale of a lot, issuance of a permit or erection of a building, subject to conditions necessary to assure adequate streets and other public improvements. ARTICLE IV Design Standards Application of standards.16 The following land subdivision principles, standards and requirements shall be applied by the Planning Commission in l5 Editor s Note: Amended at time of adoption of Code: see Ch. 1. General Provisions. Art. I. Editor s Note: Amended at time of adoption of Code: see Ch. 1. General Provisions. Art. I

23 SUBDIVISION OF IAiD evaluating the plats for proposed subdivisions and shall be considered minimum requirements Land requirements. A. Land shall be suited for the purpose for which it is to be.subdivided in accordance with the interest and pu rpose of the elements of the Borough Comprehensive Plan. B. Land presenting hazards to life, health and safety shall not be subdivided until such hazards have been removed Street requirements. A. Proposed streets shall be properly related to borough, county and state roads and highway plans which have been prepared and officially adopted. B. Streets shall be logically related to the topography so as to produce usable lots and reasonable grades. C. Local streets shall be so laid out as to discourage through traffic, but provisions for street connections into and from adjacent areas will be generally required. D. Half streets shall be prohibited except to complete an existing half street. E. Dead-end streets shall be prohibited except as stubs to permit future street extensions into adjoining tracts or when designed as culs-de-sac. F. Maximum allowable grades shall be as follows: (1) Arterial: six percent (6%). (2) Collector: eight percent (8%) (3) Local: fifteen percent (15%). G. Minimum grades on all streets shall not be less than fifty-hundredths percent (0.50%)

24 ~ FREEDOM CODE H. Vertical curves shall be installed on all street grade changes exceeding one percent (1%). I. Alignment. (1) The minimum center-line radius for horizontal curves shall be as follows: (a) Arterial: one thousand (1,000) feet. (bj Collector: three hundred (300) feet. (c) Local: two hundred (200) feet. (2) Horizontal curves shall be laid on all deflecting streets. (3) Degree of curvature shall be set to assure proper sight distance. J. Widths. (1) Minimum street right-of-way widths and cartway widths shall be as follows: me of Street Local Collector Arterial Type of Development Single-family lots Single-family Double, group housing Commercial Industrial Single-family Double, group housing Commercial Industrial Right- Cartway of-way (feet) (feet) As prescribed by the Pennsylvania Department of Highways (2) In cases where a new subdivision is planned to join the street system of an existing subdivision, the above minimum requirements shall apply except where the existing streets and rights-of-way are larger than required. In this event, the Planning 18022

25 SUBDIVISION OF LAND Commission may require that the new streets and rights-of-way be as large as the existing. Private covenants may apply if their provisions are in excess of this chapter. K. Culs-de-sac. Culs-de-sac are permitted where the length does not exceed six hundred (600) feet and where a turnaround with right-of-way diameter of ninety (90) feet is provided and a cartway diameter of eighty (80) feet. Extension of a cul-de-sac will be permitted to connect to a street system of a new or extended subdivision, provided that the maximum street lengths for blocks and culs-de-sac are met. This street design shall be avoided unless it is clear that a through street is not essential to the street system of the area. L. Street intersections. (1) All curbs at intersections shall be rounded by a minimum radius of: (a) Collector and arterial streets: twenty (20) feet. (b) Local streets: fifteen (15) feet. (c) Twenty (20) feet where collector-arterial streets intersect local streets. (2) When any street intersection will involve banks or vegetation existing or to be planted inside any lot corner that would create a traffic hazard by limited visibility, from a height of three and one-half (3%) feet from finished paved area, at the center line of the right-of-way, the subdivider shall cut such ground and/or vegetation in conjunction with grading the right-of-way to provide a sight line of one hundred (100) feet along the center line of a collector street from the center line intersections and seventy-five (75) feet at local street intersections. When a collector and a local street intersect, each shall retain their respective footage requirements along the center line to form the sight triangle

26 FREEDOM CODE i3) Where the grade of any street at the approach to an intersection exceeds five percent (5%), a leveling area shall be provided with a transitional grade not to exceed two percent (2%) for a distance of fifty (50) feet from the nearest right-of-way line of the intersection. Intersection of more than two (2) streets shall be avoided. Minimum street intersection angles shall be sixty degrees (60"). M. Street offsets. Street offsets of less than one hundred twenty-five (125) feet are to be avoided. N. Reverse curves. Reverse curves shall have a minimum tangent between them of: (1) Arterial streets: three hundred (300) feet. (2) Collector streets: one hundred fifty (150) feet. (3) Local streets: one hundred (100) feet. 0. Alleys. (1) Alleys are not permitted in residential districts. (2) Alleys are not permitted in commercial and industrial districts, subject to approval of the Planning Commission. (3) Alleys shall be paved at least twenty (20) feet in width. (4) Maximum alley grade shall be fifteen percent (15%) Lots. A. Residential lots, where not served by municipal water or sanitary sewers, shall be not less than one hundred (100) feet wide.at the building line nor less than twenty thousand (20,000) square feet in area per family [one hundred by two hundred (100 x ZOO)]

27 SUBDIVISION OF LAND s B. Residential lots. where served by one ( 1 I public facility. that is, either public water or sanitary sewers. shall not be less than eighty (80) feet wide at the building line nor less than fifteen thousand ( square feet in area per family [eighty by two hundred (80 s 200) I. C. Residential lots. where served by both public water and sanitary sewers, shall not be less than seventy (70) feet wide at the building line nor less than eight thousand seven hundred fifty (8.750) square feet in area per family [seventy by one hundred twenty-five ( 70 s 125 ) I. D. Where lots are intended for the use of two (2) families. the lot frontage shall be increased by ten (10) feet and the minimum lot area shall be increased bv one thousand two hundred fifty (1.250) square feet. Group housing shall have a minimum three thousand (3.000) square feet of lot area per unit. E. Subdivision of land other than for residential purposes shall be subject to review by the Planning Commission and Engineer insofar as size, depth. width of lots and parking are concerned. F. Corner lots shall have an extra width of at least fifteen percent (15%) of the above-required widths to permit appropriate building setback to meet required side yard regulations listed below for orientation to both streets. G. The frontage width of lots fronting a cul-de-sac shall be determined as the width at the building line. The side yard setback requirements will be calculated from the midpoint of the structure along the average length of both sides of the structure. H. All lot lines shall be set perpendicular or radial to the center line of the street whenever possible. All nonradial lines shall be denoted as such on the plat. I. Lots abutting minor streets shall front upon the streets which parallel the long dimension of the block. if possible

28 Q FREEDOM CODE Q Building lines. Building lines shall be required in accordance with the terms of Chapter 205, Zoning Blocks. A. Block lengths shall not exceed one thousand six hundred (1,600) feet nor be less than five hundred (500) feet. B. Blocks shall be at least two (2) lots in depth except for reverse frontage. C. Exceptionally long blocks shall be. provided with crosswalks, with a minimum right-of-way reservation of twelve ( 12) feet, and a four-foot paved walk. D. The depth-to-width ratio of usable lot length shall be at a maximum of two and one-half to one (21/2: 1) Easements. A. Utility easements shall have a minimum width of fourteen (14) feet and be placed at the side or rear of lots whenever possible. When the Engneer determines that conditions are suitable for essential services, an easement reservation will be required. B. Anchor easements shall be approximately four by thirty (4 x 30) feet and placed on a lot line. C. Aerial easements shall be a minimum of fifteen (15) feet Sidewalks. Sidewalks and crosswalks, where required, shall be installed by the subdivider along public streets or where deemed necessary for public safety, as determined by the Planning Commission

29 9: SUBDIVISION OF LAND Reserved areas. Reserve strips surrounding the property or areas served for any purpose which shall make any area unprofitable for regular or special assessments or which may revert to untended nuisance areas will not be approved by the Planning Commission. (i Street names. The subdivider may choose his street names, subject to the approval of the Planning Commission. No street, other than an extension, may be given the name of an existing street in the borough Access. In subdividing land, it shall be done in a manner that will not have the effect of debarring adjacent property owners from access to the streets and ways of the allotment. ARTICLE V Improvement and Construction Requirements B Monuments. Monuments shall be placed at all block corners, angle points, points of curves in streets and intermediate points as determined by the Engineer. Monuments shall be of such size, length and material as approved by the Engineer Utility and street improvements. Utility and street improvements shall be provided in each new subdivision in accordance with the standards and requirements described in the following schedules

30 FREEDOM CODE Schedules of required utilities and street improvements. A. Water supply. (1) If public water is available [within one thousand (1,000) feet of the proposed subdivision] or definitely planned for the area, then provisions should be made for its eventual use. (2) Individual wells or project wells for water supply shall be approved by an officer of the Pennsylvania Department of Health or an authorized public health authority. (3) Inspection shall be by local agency or health officer. B. Storm sewers. (1) (3) (4) (5) (6) Storm sewers shall be located in the right-of-way at an edge of the cartway or curb. Storm drains shall have a minimum diameter of fifteen (15) inches and a minimum grade of fiftyhundredths percent (0.50%). Manholes or cleanouts shall be spaced at intervals of three hundred (300) feet or less for pipes twenty-one (21) inches and under, and more than four hundred fifty (450) feet for pipes twenty-four (24) inches and larger and at all grade changes, alignment changes and pipe size changes. Bridges and culverts shall be designed to support the expected loads, to carry expected loads and be constructed the full width of the right-of-way, where deemed necessary by the Planning Commission. Drainage plans shall be submitted for approval with application of preliminary plans. Inspection of storm drainage shall be made by the Engineer. C. Sanitary sewers

31 SUBDMSION OF LAND li Installation of sanitary sewers. including house lines. laterals. trunks, manholes and other appurtenances, shall comply with the rules and regulations of the Planning Commission and the Engineer or their authorized agent. and said installations shall be subject to inspection by the Engineer. In areas where a municipal sewer is not available [over one thousand (1,000) feet from the nearest point of the subdivision], is not planned. is not topographically feasible or where an easement cannot be obtained through adjoining property, individual septic tanks or project sewage systems will be permitted, subject to approval of drawings and design by the Engmeer, the standards and requirements of the Department of Health and the Pennsylvania Sewage Facilities Act (Act 537).17 In areas where a municipal sewer is available, all properties within the subdivision shall be connected thereto. In areas where a municipal sewer is planned to be available, but not yet built. laterals shall be extended to the center of the street, or into the right-of-way, and trunk lines provided to the edge of the subdivision closest to the municipal trunk location and capped. Until such time as the municipal sewer becomes available, individual septic tanks or a project system must be installed. In the case of a project system, a trunk shall be provided to connect into the municipal system. All individual properties now using sanitary sewerage facilities and all future properties requiring sanitary sewerage facilities shall be connected to the municipal sewerage system when and where it is available. l7 Editor s Note: See 35 P.S et seq

32 FREEDOM CODE B D. Street, curbs, base and paving. (1) Grading. Streets shall be graded as established on preliminary plan and street profiles and as approved by the Engineer. (2) Cross drains. Cross drains shall be a minimum of fifteen-inch reinforced concrete or bituminouscovered corrugated metal (BCCM) pipe with paved invert and shall be placed wherever necessary to transfer water across the road to a natural watercourse and at road intersections, where needed. Valley gutters may be used when approved by the Engineer. (3) Curbing. Curbing shall be of concrete or of a bituminous mix and either of straight, battered or rolled design. (4) Base course. The base course shall be of eight-inchthick (rolled measurement) native stone, limestone or crushed slag properly graded and meeting the requirements of the current specifications of the Pennsylvania Department of Highways, Form 408, and subject to their complete tests. Lesser base courses, to a minimum of six (6) inches, may be authorized by the Planning Commission, on advice of the Engmeer, on smaller streets where the character of the drainage of the subgrade, the size of the subdivision and nature of the traffic warrants. (5) Pavements. (a) A two-and-one-half-inch bituminous plant mixed surface shall be placed on the prepared base to meet the requirements of the specifications of the Pennsylvania Department of Highways, Form 408. Where a six-inch base is authorized, a bituminous surface treatment in accordance with an AT-1 specification complying with the Pennsylvania Department of Highways, Form 408, may be used

33 SUBDIVISION OF LAND (b) Where concrete pavement is used, the standard requirements of the Pennsylvania Department of Highways shall govern and all work shall be performed in the manner prescribed in the standard specifications for road construction of said Department and shall be approved by the Engineer. Local streets shall be at least six (6) inches in thickness and conform to other specifications of the Pennsylvania Department of Highways. (c) Either type of pavement listed above must be approved by the Planning Commission and Engineer before application. Said installation shall be under the direct supervision of the Engineer. E. Sidewalks. Sidewalks, where deemed necessary by the Planning Commission, shall be of portland concrete four (4) inches in thickness, except at driveways where there shall be a minimum of six (6) inches. Sidewalks shall be a minimum of four (4) feet in width and shall be a uniform distance of twenty-four (24) inches from the inner line of the curb and should be constructed one (1) inch higher than the top of curb and shall rise one-fourth (1/4) inch per foot for full width of walk. In commercial districts and on lots fronting public and semipublic use, the Planning Commission shall specify the width of sidewalks and planting strip. F. Street signs. Street name signs shall be installed at each street intersection in accordance with standards established by the Council. G. Street trees. Should the subdivider plan to provide trees, their proposed locations, spacing and species must be submitted for approval by the Planning Commission. On narrow rights-of-way or where the planting strip between sidewalk and the curb is less than five (5) feet wide, trees will not be permitted, but are to be placed inside the property lines

34 FREEDOM CODE H. Other utilities. Gas, electric and telephone utilities shall be located in subdivisions in accordance with utility company practice and be approved by the Township Engineer. I. Minimum openness. (1) Easements, adequate for all utilities: see Q (2) Buffer area or planting screen, minimum width: ten (10) feet Recording. ARTICLE VI Conditions of Acceptance Within thirty (30) days after the date of approval of the final plan, the subdivider shall record one (lj approved duplicate copy of the same in the office of the County Recorder of Deeds and file with the Borough Secretary a recorder s certificate that the approved plan has been recorded with the plan book and page numbers indicated. Approval shall not become final and effective until such certificate has been filed. A. After an approved subdivision plan shall have been officially recorded, the streets, parks and other public improvements shown thereon shall be so considered to be a part of the Official Map of the borough. B. Streets, parks and other public improvements shown on a subdivision plan to be recorded may be offered for dedication to the borough by formal notation thereof on the plan, or the owner may note on such plan any improvements which have not been offered for dedication to the borough. C. Every street, park or other improvement shown on a subdivision plan shall be deemed to be a private street, park or improvement until such time as the same shall have been offered for dedication to the borough and accepted by ordinance or resolution or until it shall have 18032

35 SUBDMSION OF LAND 9: been condemned for use as a public street, park or other improvement General criteria. A. The Council shall not approve any subdivision plan except in conformance with the provisions of this chapter. B. The Council may specify alterations, changes or modifications in any subdivision plan which it deems necessary and may make its approval subject to such alterations, changes or modifications. C. No road, street, land, way or related improvement shall be accepted as a part of the highway system of the borough or for maintenance unless opened, laid out, graded and improved in strict accordance with the standards and regulations of the Council. D. Before acting to approve any subdivision plan, the Council may arrange a public hearing thereon, after gwing such notice as may be deemed desirable. E. Before approving any subdivision plan, the Council shall require a written agreement that necessary grading, paving and street improvements, sidewalks, monuments, streetlights, fire hydrants, water mains and sanitary sewers, as may be required by the borough, shall be installed in strict accordance with the standards and specifications by the subdivider within a specified reasonable time. The written agreement shall include a bond, deposit of funds or other securities sufficient in amount as shall be determined by the Engineer to cover the cost of such improvements. If the improvements shall not have been installed within the time required or agreed upon and in accordance with the standards and specifications, such deposit shall be forfeited to the borough. Upon written certification by the Engineer that such improvements have been satisfactorily completed, the deposit shall be returned to the subdivider

36 FREEDOM CODE $ Grant of variance. ARTICLE VI1 Variances Where the Planning Commission finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variance will not have the effect of nullifying the intent, interest and purpose of the Comprehensive Plan or these regulations Conditions. In granting variances and modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. The granting of variances and modifications by the Planning Commission shall be conditional and subject to the final approval of Council. The reasons for granting the variance shall be recorded in the Council minutes. ARTICLE VI11 Certificates, Affidavits and Approvals Certificates, affidavits and approvals. Certificates, owner s adoption and affidavits as required by the borough shall be inscribed on the plan and shall be properly signed and attested when the plan is submitted to the Planning Commission

37 SUBDIVISION OF LAND ARTICLE IX Penalty S Violations and penalties.18 If any person, copartnership or corporation shall subdivide any lot, tract or parcel of land. lay out. construct, open or dedicate any street. sanitary sewer. storm sewer or water main for public use or travel or for the common use of occupants of buildings abutting thereon. sell any lot or erect any building in a subdivision without having first complied with the provisions hereof and the subdivisions adopted hereunder, upon conviction thereof, such person or the members of such copartnership or the officers of such corporation responsible for such violation shall be sentenced to pay a fine not exceeding five hundred dollars ($500.) plus court costs. Editor's Note: Amended at time of adoption of Code: see Ch. 1. General Provisions, Art. I