Embed Size (px)
Citation preview
CERTIFICATE AND ATTESTATION
I, DAVID J. FREY, do hereby certify that I am Secretary of the Borough of Lewistown
and in that capacity I have custody of the official Minute Book of the said Borough and the
. official Ordinance Book of the said Borough; and I hereby certify and attest that the annexed
Ordinance No. 2009- 1 was duly adopted at a meeting of the Lewistown Borough Council of. -."
said Borough held on October 12, 2009, ofwhich notice of said meeting was duly given as
required by law and a quorum of the Council Members was present; and that the said Ordinance
was duly recorded among the official minutes of the Borough of Lewistown and in the official
Ordinance Book of the Borough ofLewistown and that the same has not been altered, amended
or rescinded but remains in full force and effect.
1\''''j/ Certified this \~l',!\ day of October, 2009.
I
J
ORDINANCE NO. 2009- 7
AN ORDINANCE OF THE BOROUGH OF LEWISTOWN, MIFFLIN COUNTY,PENNSYLVANIA, AMENDING AND REVISING CHAPTER 22, SUBDIVISIONAND LAND DEVELOPMENT, PARTS 1 THROUGH PART 9, INCLUSIVE, IN
THEIR ENTIRETY, AND AMENDING, REVISING, REENACTING ANDREADOPTING PART 10, STORM WATER MANAGEMENT, AS
HERETOFORE ADOPTED, OF THE CODE OF ORDINANCES OF THEBOROUGH OF LEWISTOWN, AND CONTAINING AFFECT ON OTHER
ORDINANCES, SEVERABILITY, REPEALER AND SAVINGS ANDEFFECTIVE DATE PROVISIONS.
Recitals
WHEREAS, the intent of this Ordinance is to amend, revise and update Chapter 22,Subdivision and Land Development, Parts 1 through 9, inclusive, and to amend, revise, reenactand readopt Part 10, Storm Water Management, as an integral part of Chapter 22, Subdivisionand Land Development, of the Code of Ordinances of the Borough of Lewistown; and
WHEREAS, this action is taken in unison so that Chapter 22, Subdivision and LandDevelopment, Parts 1 through 9, inclusive, together with the existing Part 10, Storm Water
n Management, are set forth in one Ordinance and in one location within the Code of Ordinances',.-J of the Borough ofLewistown, specifically, Chapter 22, Subdivision and Land Development,
thereof.
Provisions
NOW THEREFORE, INCORPORATING THE AFORESAID RECITALS AS ANINTEGRAL PART HEREOF, BE IT ORDAINED AND ENACTED BY THE BOROUGHOF LEWISTOWN, AND IT IS HEREBY ORDAINED AND ENACTED BY THEAUTHORITY OF THE SAME:
Section One: Legal Basis - This Ordinance is ordained and enacted pursuant to the _requirements of the Pennsylvania Municipalities Planning Code, Article V, Subdivision and LandDevelopment, 53 P.S.§10501, et seq., as amended, and, specifically, 53 P.S. §10505, Enactmentof Subdivision and Land Development Ordinance Amendment, as amended, and pursuant to theprovisions ofThe Borough Code, 53 P.S. § 45101, et seq., as amended, the Code of Ordinancesof the Borough ofLewistown and otherwise per law.
Section Two: Amendment and Revision of Chapter 22, Subdivision and LandDevelopment, Parts 1 through 9, inclusive, of the Code of Ordinances of the Borough ofLewistown. The Code 0fOrdinances of the Borough of Lewistown, specifically, Chapter 22,Subdivision and Land Development, Parts 1 through 9, inclusive, are hereby amended andrevised in their entirety, to read as set forth in Exhibit A, attached hereto and incorporated hereinas if fully set forth.
Section Three: Amendment, Revision, Reenactment and Readoption of Chapter 22,Subdivision and Land Development, Part 10, Storm Water Management, of the Code of
Ordinances of the Borough of Lewistown. The Code of Ordinances of the Borough ofLewistown, specifically, Chapter 22, Subdivision and Land Development, Part 10, Storm WaterManagement, is hereby amended, revised, reenacted and readopted, to read as set forth in ExhibitA, attached hereto and incorporated herein as if fully set forth.
Section Four: Amendment of Table of Contents. The Table of Contents of Chapter 22,Subdivision and Land Development, is hereby amended and revised to read as set forth inExhibit A, attached hereto and incorporated herein as if fully set forth.
Section Five: Effect upon Other Ordinances - The provisions of this Ordinance shallnot affect any such suit or prosecution pending or to be instituted to enforce any right or penaltyor to punish any offense under the authority of any ordinance repealed by this Ordinance.
Section Six: Severability. If any sentence, clause or section or any part of this Ordinanceis for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality,illegality or invalidity shall not affect or impair any of the remaining provisions, sentences,clauses, sections or parts of this Ordinance. It is hereby declared as the intent of the BoroughCouncil that this Ordinance would have been adopted if such unconstitutional, illegal and invalidsentence, clause, section or part thereof had not been included therein.
Section Seven: Repealer and Savings. Any Ordinance or part of any Ordinance orResolution or part of any Resolution or Motion or part of any Motion conflicting with theprovisions of this Ordinance, specifically including, but not limited to, the existing Chapter 22,Subdivision and Land Development, Parts 1 through 10, inc.lusive, is hereby repealed insofar asthe same affects this Ordinance or is inconsistent with this Ordinance; otherwise, thoseprovisions of Ordinances, Resolutions or Motions not hereby repealed or amended and notconflicting or not inconsistent herewith are confirmed.
Section Eight: Effective Date. This Ordinance shall be effective immediately.
,2009.
President ofBorough Council
BOROUGH OF LEWISTOWNMifflin County, Pennsylvania
EXHIBIT A,
.- ......•..._._....-....-.-- .-.....-.-...-_....-....._....-._..•-_.... --..._. _...-.-_.- ... ,.- .- .._..._---_._--.. --_...• --"'.'- _._._-..-.._.. _..- -.-.. -." ..•..... -_ ..._._-_....-.
\ )
BOROUGH OF LEWISTOWNMifflin County, Pennsylvania
Subdivision and LandDevelopment Ordinance
AdoptedOctober 12, 2009
Ordinance No. 2009-_
·r
C"JThis Ordinance was prepared under the direction of and with the assistance of the following
Borough of Lewistown officials
Borough CouncilJames W. Felmlee, President
Frank H. Berrier, Jr., Vice PresidentRussell Rager
Greg O'DonnellLarry Searer
Matthew B. MooreNelson Reiffannacht
MayorDeborah Bargo
Planning CommissionAnne Wimsatt, Chairperson
Mark A. Colussy, Vice ChairmanLarry Eddinger, Secretary
Oksana DeArmentRhonda Walters
Lewistown Borough StaffDavid J. Frey, Borough Manager
Erin Leister, Administrative Asst. forGeneral Operations
Township SolicitorJeffrey 1. Snook, Esq.
... l
\I
J
TABLE OF CONTENTS
PART 1- GENERAL PROVISIONS1.100 LEGISLATIVE AUTHORITY 11.200 APPLICATION 1
1.201 JURISDICTION 11.202 INTERPRETATION 11.203 EFFECT OF THIS ORDINANCE 11.204 RECORDING OF APPROVED PLAN 11.205 STATUS OF RECORDED PLANS 1
1.300 PURPOSE 21.400 SHORT TITLE ; 2
PART 2 - DEFINITIONS2.100 GENERAL 22.200 SPECIFIC TERMS 2
PART 3 - PLAN REQUIREMENTS AND PROCESSING PROCEDURES3.100 GENERAL 12
3.101 REQUIRED PLANS 133.102 MIFFLIN COUNTY PLANNING COMMISSION AND OTHER AGENCYREVIEWS 133.103 CONSIDERATION OF PLANS 133.104 ACTION 133.105 NOTIFICATION 133.106 CONDITIONAL APPROVALS 133.107 TIME EXTENSION 133.108 PUBLIC HEARING ; 133.109 SKETCH PLANS 133.110 PRELIMINARY PLAN 143.111 FINAL PLAN : 14
3.200 REVIEW FEES 143.300 OFFICIAL PLAN APPLICATIONS 14
3.301 PRELIMINARY PLAN 143.302 FINAL PLAN 153.303 CONDITIONAL APPROVALS : :17
3.400 RECORDING OF FINAL PLAN 173.S00·PLANS EXEMPTED FROM STANDARD REVIEW PROCEDURES 17
3.501 MINOR SUBDNISIONS 173.502 LOT ADDITIONS 183.503 AGRICULTURAL PARCELS 183.504 OTHER EXEMPTIONS 18
. PART 4 - DESIGN STANDARDS4.100 APPLICATION ; 184.200 DESIGN STANDARDS DETAILS 18
4.201 CONFORMANCE WITH OTHER REQUIREMENTS 184.202 GENERAL DESIGN STANDARDS AND COMPREHENSNE PLANREQUIREMENTS 194.203 ENVIRONMENTAL PROTECTION STANDARDS 19
4.204 STREET SYSTEM LAYOUT AND DESIGN STANDARDS - STREETSySTEMS 234.205 LOT DESIGN STANDARDS 294.206 BLOCKS 304.207 OFF-STREET PARKING AND LOADING AND UNLOADING 304.208 DRNEWAYS 314.209 STORM WATER MANAGEMENT ~ 314.210 EASEMENTS 314.211 WATER SUPPLY AND SEWAGE FACILITIES 324.212 OTHER UTILITIES 324.213 EROSION AND SEDIMENTATION CONTROL 324.214 ADDITIONAL NON-RESIDENTIAL REQUIREMENTS 334.215 TRAFFIC IMPACT STUDy 334.216 TRAFFIC IMPACT STUDY CONTENTS 344.217LIGHTING 36
PART 5 - MOBILE HOME PARKS5.100 DESIGN STANDARDS DETAILS 38
PART 6- REQUIRED IMPROVEMENTS6.100 APPLICATION 396.200 SUMMARY OF REQUIRED IMPROVEMENTS 396.300 REQUIRED IMPROVEMENTS DETAILS 406.400 FLOOD PRONE AREA REQUIREMENTS 40
PART 7- PLAN REQUIREMENTS7.100 SKETCH PLAN : 407.200 PRELIMINARY PLAN 40
7.201 SCALE 407.202 PLAN INFORMATION 40
. 7.300 FINAL PLAN 427.301 PLAN SIZE AND LEGIBILITY 427.302 PLAN SCALE AND REQUIRED INFORMATION 42
PART 8 - INSTALLATION OF REQUIRED IMPROVEMENTS8.100 IMPROVEMENTS TO BE PROVIDED BY LAND DEVELOPER/SUBDIVIDER. 468.200 METHOD OF PROVIDING IMPROVEMENTS 468.300 FINANCIAL SECURITY FOR MAINTENANCE ~ 478.400 DEVELOPMENT AGREEMENT : 478.500 RELEASE FROM FIN:ANCIAL SECURITY FOR COMPLETION OF·IMPROVEMENTS 488.600 RELEASE FROM FINANCIAL SECURITY FOR MAINTENANCE ; .498.700 EXEMPTION FOR MINOR SUBDIVISIONS 508.800 COOPERATION AGREEMENT WITH BOROUGH 508.900 IMPROVEMENTS NOT DEDICATED OR NOT ACCEPTED FOR .DEDICATION : 50
8.901 OWNERSHIP AND MAINTENANCE RESPONSIBILITY/ENTITY ~ 508.902 iMPROVEMENTS BENEFITING MULTIPLE LOTS 508.903 OWNERSHIP AND MAINTENANCE AGREEMENT 518.904 DEED REFERENCE 51
/~( )'-, ,/
;'(
PART 9- ADMINISTRATION AND.ENFORCEMENT9.100 ADMINISTRATNE ACTION 52
9.101 SUBDNISION OFFICER 529.102 BOROUGH COUNCIL 529.103 ENDORSEMENT OF RECORD PLAN 539.104 SUBDNISION RECORDS 53
9.200 WANERS, APPEALS, AND AMENDMENTS 539.201 RECONSIDERATION AND APPEALS TO BOROUGH COUNCIL. 539.202 PROCEDURE FOR APPLYING 539.203 APPEALS TO COURT 539.204 REVISION AND AMENDMENT 53
9.300 PREVENTATNE REMEDIES 549.400 ENFORCEMENT REMEDIES 549.500 CONFLICT AND VALIDITy 55
9.501 VALIDITY 559.502 HOLD HARMLESS CLAUSE 55 .9.503 INTERPRETATION 559.504 EFFECTNE DATE 55
PART 10 - STORM WATER MANAGEMENTARTICLEI-GENERALPROVISIONS
SECTION 10.101. STATEMENT OF FINDINGS SECTION 55SECTION 10.102. PURPOSE 56SECTION 10.103. STATUTORY AU1HORITY 56SECTION 10.104. APPLICABILrrY 56SECTION 10.105. EXEMPTIONS 57
ARTICLE IT - DEFINITIONSSECTION 10.201. DEFINITIONS 58
ARTICLE ill - STORM WATER MANAGEMENTSECTION 10.301. GENERAL REQUIREMENTS 65.SECTION 10.302. WATER QUALrrY REQUIREMENTS ~ 66SECTION 10.303. GROUNDWATER RECHARGE REQUIREMENTS 68SECTION 10.304. STORM WATER MANAGEMENT DISTRICTS 69SECTION 10.305. STORM WATER MANAGEMENT DISTRICT IMPLEMENTATIONPROVISIONS (PERFORMANCE STANDARDS) 70SECTION 10.306. DESIGN CRITERIA FOR STORM WATER MANAGEMENTFACILITIES 71SECTION 10.307. CALCULATION METHODOLOGY ~ 72TABLE 10.307-1. ACCEPTABLE COMPUTATION METHODOLGIES FOR STORMWATER MANAGEMENT PLANS 72SECTION 10.308. EROSION AND SEDIMENTATION REQUIREMENTS 74
ARTICLE IV - DRAINAGE PLAN REQUIREMENTSSECTION 10.401. GENERAL REQUIREMENTS 74SECTION 10.402. DRAINAGE PLAN CONTENTS 74 .SECTION 10.403. PLAN SUBMISSION 77SECTION 10.404. DRAINAGE PLAN REVIEW 77
SECTION 10.405. MODIFICATION OF PLANS 79SECTION 10.406. RESUBMISSION OF DISAPPROVED DRAINAGE PLANS 79
ARTICLE V- INSPECTIONSSECTION 10.501. SCHEDULE OF INSPECTIONS 79
ARTICLE VI - FEES AND EXPENSESSECTION 10.601. GENERAL 79SECTION 10.602. MUNICIPALITY DRAINAGE PLAN REVIEW FEE 79SECTION 10.603. EXPENSES COVERED BY FEES 79SECTION 10.604. ADDITIONAL COSTS : 80
ARTICLE VII- MAINTENANCE RESPONSIBILITIES 80SECTION 10.701. PERFORMANCE GUARANTEE 80SECTION 10.702. MAINTENANCE RESPONSIBILITIES 80SECTION 10.703. MAINTENANCE AGREEMENT FOR PRIVATELY OWNED STORMWATER FACILITIES 81SECTION 10.704. MUNICIPAL STORM WATER MAINTENANCE FUND 81SECTION 10.705. POST-CONSTRUCTION MAINTENANCE INSPECTIONS 81
ARTICLE VIII -ENFORCEMENT AND PENALTIES .SECTION 10.801. RIGHT-OF-ENTRY 82SECTION 10.802. NOTIFICATION 82SECTION 10.803.. ENFORCEMENT 82
(~) SECTION 10.804. PUBLIC NUISANCE 83'.,---// SECTION 10.805. ENFORCEMENT REMEDIES 83
SECTION 10.806. COMPATIBILITY wrrn OTI-IER ORDINANCE REQUIREMENTS 84SECTION 10.807. APPEALS 84
APPENDIX A - STORM WATER MANAGEMENT DESIGN CRITERIA : 85TABLE A-l- DESIGN STORM RAINFALL AMOUNT (INCHES) FOR 24-HOURSTORM EVENT 85TABLE A-2 - RUNOFF CURVE NUMBERS , 86TABLE A-3 -RATIONAL FORMULA RUNOFF COEFFICIENTS 88TABLE A-4 - MANNING ROUGHNESS COEFFICIENTS ; ; 89FIGURE A-l- NRCS(SCS) TYPE II RAINFALL DISTRIBUTION 90FIGURE A-2 - PENNDOT STORM INTENSITY-DURATION-FREQUENCY CURVE,REGION 4 91
APPENDIX B- SAMPLE DRAINAGE PLAN APPLICATION AND FEE SCHEDULE. 92APPENDIX C- STANDARD STORM WATER FACILITIES MAINTENANc:EANDMONITORING AGREEMENT ~ 99APPENDIX D-WATERSHED RELEASE SITE MAP 103
I./
/" \
)
PART 1
GENERAL PROVISIONS
1.100 LEGISLATIVE AUTHORITY.
This Ordinance is enacted pursuant to the authority conferred by the PennsylvaniaMunicipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as reenacted andamended.
1.200 APPLICATION.
1.201 JURISDICTION. This Ordinance shall apply to all subdivisions and land developments
located within Borough of Lewistown.
1.202 INTERPRETATION. The provisions of this Ordinance shall be held to be minimumrequirements to meet the above stated purposes. Where provisions of this Ordinance imposegreater restriction than those of any statute, other ordinance, or regulation, the provisions ofthis Ordinance shall prevail. However, where the provisions of any statute, other ordinance, orregulation impose greater restrictions than those of this Subdivision Ordinance, then theprovisions of such statute, ordinance, or regulation shall prevail.
1.203 EFFECT OF THIS ORDINANCE. No subdivision or land development (as defined herein)of any lot, tract, or parcel of land shall be carried outi no street, sanitary sewer, storm sewer,water main, or other facilities in connection therewith shall be laid out, constructed, opened, ordedicated for public use and travel, or the common use of occupants of buildings abuttingthereon, except in strict accordance with the provisions of this Ordinance.
1.204 RECORDING OF APPROVED PLAN. Within ninety (90) days of the approval of the FinalPlan for any Subdivision or Land Development, or ninety (90) days after the date of delivery ofAn approved plat signed by the Borough Council, following completion of conditions imposedor such approval, whichever is later, the Applicant shall record a copy of said Final Plan in theoffice of the Mifflin County Recorder of Deeds.
1.205 STATUS OF RECORDED PLANS. Any Subdivision or Land Development Plan recordedprior to the effective date of this Ordinance shall be subject to the provisions of this Ordinancein the event that any change or re-subdivision is made or legally required to be made in the saidPlan.
When a Final Plan has been approved and recorded, subsequent to the effective date of thisOrdinance, and in conformance with the terms of this Ordinance, then no subsequentchange or amendment in any zoning, subdivision, or other governing ordinance or planshall be applied to affect adversely the right of the Applicant to commence and to completeany aspect of the approved development in accordance with terms of such approval withinfive (5) years from such approval. The five (5) year period shall be extended for litigation orsewer or utility prohibitions.
Where final approval is preceded by preliminary approval, the five (5) year period shall becounted from the date of the preliminary approval. In the ·case of any doubts as to the terms of aprelimfuary approval, the terms shall be construed in the light of the provisions.ofthegoverning ordinances, or plans as they stood at the time when the application of such approvalwas duly filed.
1
1.300 PURPOSE.
This Ordinance has been adopted for the purpose of regulating subdivision and landdevelopment within the Borough of Lewistown in order to create conditions favorable to thehealth, safety, morals, and general welfare of the citizens of the Borough through the provisionof regulations that will insure the harmonious development of the Borough.
1.400 SHORT TITLE.
This Ordinance shall be known and may be cited as "The Borough of Lewistown Subdivisionand Land Development Ordinance" .
PART 2
DEFINITIONS
2.100 GENERAL.
For the purpose of this Ordinance, words used in the present tense include the future tense; theterm "shall" is always mandatory; the term "includes" or "including" shall not limit the term tothe specific example, but is instead intended to extend its meaning to all other instances of a likekind and character; other terms or words used herein shall be interpreted or defined as follows:
2.200 SPECIFIC TERMS.
Access - The means by which vehicles or pedestrians obtain entrance or entry into a parcel, lotor building, or into a subdivision or land development.
A. Easement of Access - An easement granted for use by the public for the purpose ofproviding vehicular and/ or pedestrian access to a parcel, lot, building, subdivision, orland development.
B. Right-of-Access - The right of the public to have vehicular and/or pedestrian accessover a specifically designated area, easement, or property.
Agricultural Operation - An enterprise that is actively engaged in the commercial productionand preparation for market of crops, livestock, and livestock products and in the production,harvesting and preparation for market or use of agricultural, agronomic, horticultural,silvicultural, and aquacultural crops and commodities. The term includes enterprises thatimplement changes in production practices and procedures or types of crops, livestock,livestock products, or commodities produced consistent with practices and procedures that arenormally engaged by farmers or are consistent with technological development within theagricultural industry.
Alley - A permanent service way providing a secondary means of access to abutting lands.
Applicant - A landowner or developer, as hereinafter defined, who has filed an application fordevelopment including his/her heirs, successors and assigns.
Block - Property bounded on one side by a street, and on the other three sides by a street,railroad right-of-way, waterway, un-subdivided area, or other definite barrier.
Bona-Fide Bid - A bona-fide bid is a bid secured by the Applicant, from a contractor orcontractors, for the purpose of verifying the estimated cost to complete the requiredimprovement or improvements that are the responsibility of the Applicant to provide under theterms of this Ordinance. Said bona-fide bid shall include all costs and activities, as determinedby the Borough Council that will provide for the completion of all of the requiredimprovements or maintenance.
Borough - Borough of Lewistown, Mifflin County, Pennsylvania.
2
'..-- ..........
I ),
Borough Council- Borough Council of the Borough of Lewistown, Mifflin County,Pennsylvania.
Borough Engineer - A professional engineer licensed as such in the Commonwealth ofPennsylvania, duly appointed as the engineer.£or Borough of Lewistown.
Buffer Area - An area within a property 01' site generally adjacent to and parallel with theproperty line, either consisting of natural vegetationar created by the use of trees, shrubs,fences, and/or berms, designed to limit the view, sound and/ or light from the site to adjacentsites or properties.
l:!>UM/"IfR.1io
.... "A l-l- ala.PAr!.J(_, t-IG
~"",...-..:::r=
(0""" ...·r~l!IilT)
Source: The New Illustrated Book ofDeveloptuent Deflllitio1lS
Building, Accessory - A detached subordinate building or structure, the use of which iscustomarily incidental to that of the principal building or use and that is located on the samelotas occupied by the principal building or use and is not considered a substantial improvement.
P',r.1 N<::: \ f"',A, L.
e..u JL- D JN G:a;
4,I
\I,,
---+-'""'t-__ --L
)Source: The New Illustrnted Book ofDevelopmellt Definitiolls
Building Setback Line - The minimum distance from any lot line to any hl,lilding or-structure tobe erected on the lot. .
3
,,/'---""'..
/ !Cart-way - The term 1/cart-way" shall include the portion of the entire right-of-way of a streetthat contains an improved travel way for vehicles, including space for shoulders andlorparking lanes.
Clear Sight Triangle - A triangular-shaped portion of land established at street intersections inwhich nothing is erected, placed, planted, or allowed to grow in such a manner as to limit orobstruct the sight distance of motorist entering or leaving the intersection.
SrG~T .,-l2-lAt--lGLE.. .
,---- ......-; .....I _ ..... -
, ......-r-- ~- j2:'.lsH-r or- V\/AY~ (fZ. c>. 'vV'.), .I
I,I
)
Source: The New IIlllllrnted Book ofDevelopmellt DefmitioIlS
County Planning Commission - 'The Planning Commission of the County of Mifflin.
Comprehensive Plan - The complete plan, or any part of a plan designed to govern and directthe future development and growth of the Borough.
Community Impact Analysis - A study to determine the potential direct or indirect effects of aproposed development on activities, utilities, circulation, surrounding land uses, communityfacilities, and the environment. .
Consistency - An agreement or correspondence between matters being compared that denotes areasonable, rational, and similar connection or relationship.
County - Mifflin County, Pennsylvania.
County Comprehensive Plan - A land use and growth management plan adopted by theCounty Commissioners that establishes broad goals and criteria for municipalities to use inpreparation of their comprehensive plans and land use regulations.
Cul-de-sac - A local street having ·one end open to traffic and being permanently terminated bya vehicular turn-around. A "Hammerhead" is another type of turn-around.
Detention Pond - A vegetated basin designed to drain completely after storing runoff only for agiven storm event and release it at a pre-determined rate. Also known as a dry pond.
Developer - Any land Owner or agent of such land Owner or tenant with thepermission ofsuch land Owner, who makes or causes to be made, a subdivision of land or a landdevelopment. The term 1/developer" is intended to include the term"Applicant" as definedherein.
Development Plan - 'The provisions for development, including a planned residentialdevelopment, a plat of subdivision, all covenants relati11gto use, location and bulk of buildingsand other structures, intensity of use or density of development, streets, ways and parkingfacilities, common Open Space, and public facilities. 'The phrase "prOVisions of the
4
development" when used in this Ordinance shall mean the written and graphic materialsreferred to in this definition.
Driveway - A private drive providing access between a public or private street or access driveand a parking area for a single unit of occupancy, a farm, or land development; which shallcomply with any other Ordinance regulating the placement and/ or construction of drivewaysthat may be enacted. A shared driveway is a single driveway serving two adjoining lots that .meet minimum road frontage requirements. (See Sections 4.205.G.4 and 4.208.)
Dwelling - Any building, vehicle or portion thereof designed or used exclusively as theresidence or sleeping place of one or more persons.
Easement - A grant by the property Owner of the use of an area of land by the public, acorporation, or persons for specified purposes.
Engineer - A professional engineer licensed by the Commonwealth of Pennsylvania to practiceengineering. .
Financial Security - A deposit made out to the benefit of the Borough, in an anlOunt sufficientto guarantee and cover the entire costs of any required improvement or maintenance that is theresponsibility of the Applicant to provide under the terms of this Ordinance but that will allowthe Borough to complete said improvements or maintenance in their entirety, without anyadditional cost to the Borough, in the event of a default, negligence, cost overrun, or inflationaryincrease in price or failure of any type of the Applicant to provide or complete said requiredimprovements or maintenance.
(~~\ Said Financial Security shall be approved by the Borough Council and may include irrevocable',-~j letters of credit and restrictive or escrow accounts in a Federal or Commonwealth chartered
lending institution or other type of Financial Security acceptable to the Borough Council, andsuch security shall be posted with a bonding company or with a Federal or Commonwealthchartered lending institution authorized to conduct business in the Commonwealth.
Flag Lot - A lot with less lot frontage on a public or private street than is normally required. Theflagpole is a narrow access corridor to a lot located behind other lots that usually meet therequired lotfrontage. (See Section 4.205.G.)
J<.E!~~I~:I::> _:>(_"''1'''''''AL-~)
____------t--'L "'''''T' ........... 1-, .....""
k-- ---y) \• III \
~ "Fl.-Au; \ \
1·-'~;)IL.OIN6:d' II ","'VIOl-'" plf_ Il-.-- I
1-,-------..,
--_ .. _-------_...~----Fl..AG· LoT
Source: The New Illmlraled Book ofDevelopmellt DefUlilio1l'
5
Floodplain - The area of inundation, including the Hoodway and Hoodway fringe that functionsas a conveyance, storage, or holding area for floodwater to a width required for a one hundred(100) year flood.
Floor Area, Gross - The sum of the gross horizontal areas of the several floors of a building orstructure from the exterior face of exterior walls, 01' from the centerline of a wall separating twobuildings, but excluding any space where the floor-to-ceiling height is less than six (6) feet.
Forestry - The management of forests and timberlands when practiced in accordance withaccepted silvicultural principals, through developing, cultivating, harvesting, transporting andselling trees for commercial purposes that do not involve any land development.
Frontage - The horizontal or curvilinear distance along a public street or private street line uponwhich a lot abuts.
A. Double Frontage - A lot that has frontage on and access from two streets that areapproximately parallel to each other.
B. Reverse Frontage Lot - A double frontage lot that extends between and that hasfrontage on an arterial street and a local or collector street and that has access onlyfrom the local or collector street and that has its access prohibited from the arterialstreet.
General Consistency, Generally Consistent - That which exhibits consistency.
Impervious Area - The total area of a lot covered by an impervious surface. The imperviousarea is generally represented as a percentage of the overall lot area.
Impervious Surface - A surface that prevents the percolation of water into the ground: For thepurpose of this Ordinance, stoned parking areas shall be considered as an impervious surface.
SO\lfce: The New Illustrated Book ofDevelopmellt DefUlitiolls
-Land Development - Any of the follOWing activities:
A. The improvement of one (1) lot or two (2) or more contiguous lots, tracts, or parcels ofland for any purpose involving:
1. A group of two (2) or more residential or nonresidential buildings, whetherproposed initially or cumulatively, or a single nonresidential building on a lot orlots regardless of the number of occupants or tenure; or
6
2. The division or allocation of land or space, whether initially or cumulatively,between or among two (2) or more existing or prospective occupants by means of,01' for the purpose of streets, common areas, leaseholds, condominiums, buildinggroups or other features.
3. Where a substantial improvement occurs and/or a Pennsylvania Department ofTransportation Highway Occupancy Permit is required.
B. A subdivision ofland.
C. Excluded from this definition of land developmentare the following:
1. The conversion of an existing single-family detached dwelling or single-familysemi-detached dwelling into not more than three (3) residential units, unless suchunits are intended to be a condominium;
2. The addition of an accessory building, including farm buildings, on a lot or lotssubordinate to an existing principal building;
3. The addition or conversion of buildings or rides within the confines of anenterprise that would be considered an amusement park. For the purposes of thissubclause, an amtisement park is defined as a tract or area used principally as thelocation for permanent amusement structures or rides. This exclusion shall notapply to newly acquired acreage by an amusement park until initial plans for theexpanded area have been approved by proper authorities.
Landowner - The legal or beneficial owner or owners of land, including the holder of an optionor contract to purchase (whether or not such option or contract is subject to any condition), alessee if he is authorized under the lease to exercise the rights of the landowner, or other personhaving a proprietary interest in land.
Loading Space and Unloading Space - An off-street loading and unloading space shall be notless than ten (10) feet in width, twenty-two (22) feet in length and twelve (12) feet in height andshall be designed in accordance with the provisions of Chapter 27, Zoning, Part 8, GeneralRegulations, Section 805, Off-Street Loading Spaces: Design Standards and Change inRequirements of the Code of Ordinances of the Borough of Lewistown as it may be amendedfrom time to time.
Lot - A designated parcel, tract, or area of land established by a plat or otherwise permitted bylaw and to be used, developed or built upon as a unit. (See also "Lot Frontage" .)
Lot Addition - Lot Addition subdivisions involve parcels of land that mayor may not meet allof the requirements of a lot as defined by this Ordinance. Lot addition subdivisions allowowners of land to subdivide land and convey such subdivisions to adjacent property owners.The subdivision shall not create a "non-conforming lot" of the residual tract after subdivision.The lot created by the subdivision shall be conveyed to the adjoining property owner and shallbe considered to be an extension of that property owner's original lot. (See Sections 3.502 and7.302.7.)
Lot Frontage - The length of the front lot line measured at the right-of-way of a public street orprivate road. On an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lotline abutting a street; or, on a through lot, the lot line abutting the street providing the primaryaccess to the lot; or, on a flag lot, the lot line most parallel to and nearest the street from whichaccess is obtained.
7
Source: The New Illustrated Book of Development Defulitiolls
Lot Line Adjustment or Lot Consolidation - The process of adjusting or eliminating an existinglot line that divides one (1) lot from another lot or which adjusts or eliminates an existing lotline, or adjusts or eliminates an existing lot line from a public street, private street or any otherpublic space. The term "Lot Line Adjustment" also includes "Lot Consolidation" where two (2)lots or portions thereof are merged into one (1) lot by a Lot Line Adjustment. The act ofadjusting a lot line requires submission of a subdivision and land development plan. (SeeSection 3.502.)
Lot Width - The width of the lot at the front building line measured parallel to the street right ofway line or in the case of a curvilinear street parallel to the chord of the arc between theintersection of the side lot lines and the street right of way. For a flag lot, the lot width shall bemeasured at the flag. The relation of the depth of any single family detached dwelling lot to itswidth shall not be greater than three (3) to one (1). (See also "Lot Frontage".)
Low and Very Low Density Residential- Very Low Density Residential includesdevelopments having a density of no more than one (1) dwelling unit per acre.
Low Density Residential includes developments having a density of between one (1) and three(3) dwelling units per acre.
These areas generally conform with the more rural or open areas of the Borough requiringlesser development standards and improvements than developments located in the. MediumDensity Residential Areas.
Medium and/or High Density Residential- Medium and/or High Density Residential includeresidential developments having a density of more than three (3) dwelling units per acre. Thisgenerally defines the more urbanized or built-up areas of the Borough requiring higherdevelopment standards and improvements than those that are located in the Low DensityResidential Areas.
Minerals - Any aggregate or mass of mineral matter, whether or not coherent. The termincludes, but is not limited to, limestone and dolomite, sand and gravel, rockand stone, earth,fill, slag, iron ore, zinc are, vermiculite and clay, anthracite and bituminous coal, coal refuse,peat and crude oil and natural gas. ..
8
()Mobile Home - A transportable, single family dwelling intended for permanent occupancy,contained in one (1) unit, 01' in two (2) 01' more units designed to be joined into one (1) integralunit capable of again being separated for repeated towing, which arrives at a site complete andready for occupancy except for minor or incidental unpacking and assembly operations, andconstructed so that it may be used without a permanent foundation, except for a "travel trailer"as defined herein.
Mobile Home Lot - A parcel of land in a mobile home park, improved with the necessary utilityconnections and other appurtenances necessary for the erections thereon of a single mobilehome.
Mobile Home Park - Any lot, parcel, or tract of land at least five (5) acres in size, upon whichthree (3) or more mobile homes are located for occupancy and used by persons of differentfamilies other than members of one (1) household.
Monument and Marker - A concrete, stone or other permanent object placed to designateboundary lines, corners of property, and rights-of-way of streets and utilities, for the purpose ofreference in land and property survey.
MPC - The Pennsylvania Municipalities Planning Code, also known as the Act of July 31, 1968,P.L. 80S, No. 247, as reenacted and amended.
Municipal Authority - A body politic and corporate created pursuant to the act of May 2, 1945(P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945", now repealed, orpursuant to the act of June 19, 2001 (P.L. 287, No. 22), known as the "Municipality AuthoritiesAct", 53 Pa.e.S. Ch. 56, as amended and supplemented from time to time.
/ ...............\
C_) Municipal Engineer - A professional engineer licensed as such in the Commonwealth ofPennsylvania duly appointed as the engineer for a Municipality or its planning agency.
Official Map - Any map adopted by Ordinance pursuant to PART IV of the Pennsylvania MPe.
Parking Space - An off-street parking space shall be not less than eight (8) feet in width andeighteen (18) feet in length and shall be designed in accordance with the provisions of Chapter27, Zoning, Part 8, General Regulations, Section 805, Off-Street Loading Spaces: DesignStandards and Change in Requirements of the Code of Ordinances of the Borough ofLewistown as it may be amended from time to time.
PADot or PennDot - The Penn·sylvania Department of Transportation.
PA Dep - The Pennsylvania Departmentof Environmental Protection.
Plan - A map or chart, also known as a plat, indicating the subdivision or re-subdivision of landthat in its various stages of preparation can include the following:
A. Sketch Plan - An informal plan indicating salient existing features of a tract and itssurroundings and the general layout of the proposed subdivision to be used as a basisfor informal consideration by the Borough Council or Borough Planning CommissIon.
B. Preliminary Plan - A tentative plan showing proposed streets and lot layout and suchother information as required by this Ordinance. .
C. Final Plan - A complete and exact plan, prepared for official recording as required bythis Ordinance to define property rights and proposed streets and otherimprovements, as required by this Ordinance.
D. Record Plan - The copy of the Final Plan that contains the original endorsements orapprovals of ~eBorough Council and that is intended to be recorded with the MifflinCounty Recorder of Deeds, as required by this Ordinance.
9
Planning Commission - The Borough of Lewistown Planning Commission.
(') Plat - The map or plan of a subdivision or land development, whether preliminary 01' final.
Preservation or Protection - When used in connection with natural and historic resources, shallinclude means to conserve or safeguard these resources from wasteful or destructive use, butshall not be interpreted to authorize the unreasonable restriction of forestry, mining or otherlawful uses of natural resources.
Private Street - A street that is not owned by a public entity. The Borough of Lewistown shallnot be responsible for the repair or maintenance of a private street.
Prime Agricultural Land - Land used for agricultural purposes that contains soils identified asPrime Farmland Soils and Additional Farmland Soils of Statewide Importance, as defined bythe United States Department of Agriculture natural resource and conservation services countysoil survey.
Professional Consultants - Persons who provide expert or professional advice, including, butnot limited to, architects, attorneys, certified public accountants, engineers, geologists, landsurveyors, landscape architects or planners.
Public Grounds - Includes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. Sites for schools, sewage treatment, refuse disposal and other publicly owned oroperated facilities; and
C. Publicly owned or operated scenic and historic sites.
Public Hearing - A formal meeting held pursuant to public notice by the governing body orplanning agency, intended to inform and obtain public comment, prior to taking action inaccordance with the Pennsylvania MPe.
Public Meeting - A forum held pursuant to notice under 65 Pa. e.S. CH.7 (Relating to openmeetings).
Public Notice - Notice published once each week for two (2) successive weeks in a newspaperof general circulation in the Borough. Such notice shall state the time and place of the hearingand the particular nature of the matter to be considered at the hearing. The first publicationshall not be more, than thirty (30) days and the second publication shall not be less than seven(7) days from the date of the hearing. '
Public Street - A street that is constructed in accordance with the applicable provisions of thisOrdinance and any other applicable Borough regulations and is offered for dedication to theBorough and accepted by the Borough to ensure permanent public ownership aJ;1.d maintenanceby the Borough.
Renewable Energy Source - Any method, process or substance whose supply is rejuvenatedthrough natural processes and, subject to those natural processes, remains relatively constant,including, but not limited to, biomass conversion, geothermal energy, solar and wind energyand hydroelectric energy and excluding those sources of energy used in the fission and fusionprocesses.
Retention Pond - A pond containing a permanent pool of water and designed to store runofffor a given storm event and release it at a predetermined rate.
Right-of-Way - Land reserved for use as a street, alley, interior walk, or for other publicpurpose.
10
"\ )'"
A. Ultimate Right-of-Way - The maximum width to which an existing or proposed rightof-way may be widened in accordance with this Ordinance or the PennsylvaniaDepartment of Transportation, 01' other appropriate official agency.
Setback or Building Line - The line within a property defining the required minimum distancebetween any enclosed structure and the lot lines.
Sight Distance - The length of road visible to the driver of a vehicle at any given point in theroad when viewing is unobstructed by traffic. Sight distance shall be in accordance withminimum standards established by the Pennsylvania Code, (Pa. Code) Title 67 -Transportation,Chapter 441 Access to and Occupancy of Highways by Driveways, and Local Roads.
Street - A strip of land, including the entire right-of-way or cartway, intended primarily as ameans of vehicular and pedestrian travel. Street includes avenue, boulevard, road, highway,freeway, parkway, lane, viaduct, and any other ways used or intended to be used by vehiculartraffic or pedestrians whether public or private, but shall not include an alley. Unless theexisting streets are officially classified, the following general classifications will prevail:
A. Arterial Street: Highway - A street or road that is used primarily for fast or heavytraffic including all roads classified as main and secondary highways by theDepartment of Transportation.
B. Collector Street - A street that carries traffic from minor streets to the major system orarterial streets, including the principal entrance or circulation streets of a residentialdevelopment and all streets within industrial and/or commercial subdivisions ordevelopments.
C. Local Street - A street that is used primarily for access to abutting properties.
D. Cul-de-sac - A street intersecting another street at one (1) end and terminating at theother in a vehicular turnaround.
E. Non-R~sidential Street - A street designed to serve and give access to commercial,industrial, public and other non-residential uses.
Subdivision - The division or re-division 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 linesfor the purpose, whether immediate or future, of lease, petition by the Court for distribution toheirs or devisee, transfer of ownership or building or lot development. Provided, however, thatthe 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 beexempted. A I/land development", as defined herein,'shall also be considered to be asubdivision.
A. Subdivision, Lot Addition - Lot addition subdivisions involve parcels of land that mayor may not meet all of the requirements of a lot as defined by this Ordinance. Lotaddition subdivisions allow owners of land to subdivide land and convey suchsubdivisions to adjacent property owners. The subdivision shall not create a I/nonconforming lot" of the residual tract after subdivision. The lot created by thesubdivision shall be conveyed to the adjoining property owner and shall be consideredto be an extension of that property owner's original lot. (See Sections 3.502 and 7.302.7.)
B. Subdivision, Major - Any subdivision or land development that does not qualify as aMinor Subdivision.
C. Subdivision, Minor - A lot addition, a lot line adjustment, a subdivision and/or a landdevelopment of a single lot existing on the date of adoption of this Ordinance into six
11
\.
C)
(6) or fewer lots or dwelling units for the exclusive purpose of residential oragricultural use, provided such lots or units of land thereby created shall have frontageon an existing improved public street or private street, and provided further there isnot created by the subdivision or land development any new streets. (See Sections3.501 and 7.302.7.)
Subdivision Officer - The specific person designated by the Borough Council to perform all ofthe administrative duties required by this Ordinance.
Substantially Completed - Where, in the judgment of the Borough engineer, at least ninetypercent (90%) (based on cost of the required improvements for which financial security wasposted) of those improvements required as a condition for final approval have been completedin accordance with the approved plan, so that the project will be able to be used, occupied oroperated for its intended use.
Substantial Improvement - Any repair, alteration, reconstruction or improvement of anexisting conforming or legally non-conforming non-residential building or structure that equalsor exceeds fifty (50%) of the gross floor area of the original building or structure.
Traditional neighborhood development - an area of land developed for a compatible mixtureof residential units for various income levels and nonresidential commercial and workplaceuses, including some structures that provide for a mix of uses within the same building.Residences, shops, offices, workplaces, public buildings, and parks are interwoven within theneighborhood so that all are within relatively close proximity to each other. Traditionalneighborhood development is relatively compact, limited in size and oriented towardpedestrian activity. It has an identifiable center and a discernible edge. The center of theneighborhood is in the form of a public park, commons, plaza, square or prominent intersectionof two or more arterial streets. Generally, there is a hierarchy of streets laid out in a rectilinearor grid pattern of interconnecting streets and blocks that provides multiple routes from originsto destinations and are appropriately designed to serve the needs of pedestrians and vehiclesequally.
Traffic Impact Study - A report analyzing anticipated roadway conditions with and without anApplicant's development.
Travel Trailer - A vehicle, less than thirty-six (36) feet in length, standing on wheels, andcontaining not more than one (1) dwelling unit that may be used for temporary living orsleeping purposes, and not intended for occupancy for more than one hundred (100) daysduring anyone year.
Zoning Ordinance - The Zoning Ordinance enacted by the elected officials of Borough ofLewistown pursuant to the provisions of the Pennsylvania MPc.
PART 3
PLAN REQUIREMENTS AND PROCESSING PROCEDURES
The following procedures shall be observed by all Applicants:
3.100 GENERAL. The plan requirements and processing procedures shall be followed by landdevelopers/subdividers as set forth herein and shall be submitted to the Commission forreview "and approval prior to consideration or approval by Council.
It is the intent of the Borough Council to expedite the receipt and processing of plans so as toreduce delays that may result in increased costs or inconve:r:rience to the Applicant or to the
12
()
Borough. The procedure set forth below establishes maximum time limits permissible underState Law but the Borough Council, when possible, will attempt to complete its reviews andapprovals in a timelier manner.
3.101 REQUIRED PLANS. Preliminary and Final Plans and other required supporting data forall proposed subdivisions and land developments shall be submitted by the Applicant to theBorough, together with the then applicable fee (which shall be established and fixed fromtime to time by Resolution of the Borough Council)for review. In addition, prior to submittingthe official Preliminary Plan for review, the Applicant may prepare a Sketch Plan for informaldiscussion with the Borough. .
3.102 MIFFLIN COUNTY PLANNING COMMISSION AND OTHER AGENCY REVIEWS.The Subdivision Officer shall provide copies of the plans together with applicable feessubmitted by Applicant to the Mifflin County Plarming Commission as well as otherappropriate agencies for review and comment.
3.103 CONSIDERATION OF PLANS. Subdivision and land development plans andsupporting data submitted to the Borough will be considered at the next regularly scheduledmeeting of the Lewistown Borough Planning Commission provided that they are received atleast ten (10) calendar days in advance of said meeting..
3.104 ACTION. The Borough Council shall consider all plans submitted to determinecompliance with this Ordinance and shall approve, disapprove or approve with conditionsall submitted plans. After the Plan is filed, the Borough Council shall act upon applicationsno later than ninety (90) days following the date of the next regular meeting of theLewistown Borough Planning Commission that follows the date that the application is filed,provided that should the said next regular meeting occur more than thirty (30) daysfollowing the filing of the application, the said ninety (90) day period shall be measuredfrom the thirtieth (30th) day following the day the application has been filed.
3.105 NOTIFICATION. The Borough Council shall notify the Applicant, in writing, no laterthan fifteen (15) days after the date when a decision is reached by the Borough Council.When a plan is not approved, the decision of the Borough Council shall specify the defectsfound in the plan and shall cite the provisions of the Ordinance and law that have not beenmet.
3.106 CONDITIONAL APPROVALS. If the preliminary or final plan is approved, subject toconditions, then the Applicant shall either accept 01' reject such conditions in writing within aperiod of fifteen (15) days of receipt of such conditions. Any conditional approval shall berescinded automatically if the Applicant fails to accept or reject such conditions within thefifteen (15) day time period established above.
3.107 TIME EXTENSION; Failure of the Borough Council to render a decision andcommunicate it to the Applicant within the time and in the manner required herein shall bedeemed an approval of the application in terms as presented unless the Applicant has agreedin writing to an extension of time or change in the prescribed manner of presentation ofcommunication of the decision, in which case, failure to meet the extended time or change inmanner of presentation of communication shall have like effect.
(~)-.. 3.108 PUBLIC HEARING. Before acting on any Preliminary or Final Plan, the Borough Council-- __ may hold a public hearing thereon after public notice.
3.109 SKETCH PLAN. Sketch Plans are not required by this Ordinance, but it is recommendedthat the Applicant submit such a plan in order to establish, at an early stage in the planning of
13
the Subdivision or Land Development, the basic conditions required for the approval of aPreliminary and a Final Plan.
3.110 PRELIMINARY PLAN. All major subdivision and land development plans filed with theBorough shall be considered the official Preliminary Plan. Said Preliminary Plan shall bereviewed to determine compliance with these regulations and said plan shall be approved,approved with conditions or r.ejected or disapproved and the Applicant notified.accordingly,However, the Applicant may proceed to final action at the first consideratiqn of a plan for aminor subdivision in accordance with the definition herein and the procedure set forth inSection 3.500. .
3.111 FINAL PLAN. After approval of the Preliminary Plan, the Final Plan for the entiresubdivision or land development or a Final Plan for a section or stage of development, whichhas been prepared in accordance with the approved Preliminary Plan, shall be submitted by theApplicant to the Borough. Said Final Plan shall be reviewed to determine compliance with theseregulations and said plan shall be approved, approved with conditions, rejected or disapprovedand the Applicant notified accordingly.
3.200 REVIEW FEES.
A. Fees for the review and processing of subdivision and land development plans todetermine compliance with this Ordinance shall be charged to the Applicant and shall besubmitted at the time of the filing of the Plan.
B. Review fees of the Mifflin County Planning Commission and the Mifflin County() Conservation District and other agencies, as applicable, shall also accompany the submittal"-_/ of the Plans by Applicant.
C. Review fees of professional consultants of the Borough of Lewistown shall,also bepayable by Applicant and shall include the reasonable and necessary charges of theprofessional consultants of the Borough of Lewistown. Such professional consultantsreview fees shall in no event be greater than the rate or cost charged by the Borough'sprofessional consultants for comparable services which are not reimbursed or otherwiseimposed on Applicants.
D. A fee schedule shall be adopted by separate Resolution by the Borough Council of theBorough of Lewistown and such may be amended from time to time by the Borough ofLewistown.
3.300 OFFICIAL PLAN APPLICATIONS.
3.301 PRELIMINARY PLAN.
A. Preliminary Plans and supporting data shall comply with the provisions of Part 7 ofthis Ordinance.
B. Six (6) copies of the Preliminary Plan shall be submitted to the Borough of Lewistownby the Applicant with separate checks to the various reviewing entities for theapplicable review fees. Additional copies may be requested if required for submissionor reference to other appropriate agencies. The Subdivision Officer shall distributecopies of the plan to the following:
1. Lewistown Borough Planning Commission.
2. . Borough Engineer.
3. Borough Solicitor..
14
(~)
4. Mifflin County Planning Commission.
5. Mifflin County Conservation District.
C. The Applicant shall also transmit additional copies of the Preliminary Plan andsupporting data together with applicable fees and transmittal costs to the SubdivisionOfficer for distribution to the following agencies in number as specified by that agency:
Other appropriate agencies, such as: Pennsylvania Department of Transportation,Pennsylvania Department of Environmental Protection, or other agencies affectedby or having an interest in the plan.
D. The Borough Council shall not approve a Preliminary Plan until comments from theMifflin County Planning Commission are received or until the expiration of thirty (30)days from the date the application was forwarded to the County.
E. The Borough Council shall consider any recommendation made by the LewistownBorough Planning Commission and the Mifflin County Planning Commission beforetaking official action.
F. The official action and decision of the Borough Council shall be in writing and shall beforwarded to the Applicant at his/her last known address, not later than fifteen (15)days following such action. In the case of a rejection or disapproval of the plan, theBorough Council shall specify the defects of the plan and the requirements of thisOrdinance that have not been complied with.
G. Approval of the Preliminary Plan, subject to conditions, revisions, and modifications asstipulated by the Borough Council, shall constitute conditional approval by theBorough Council of the plan as to the character and intensity of the development andthe general layout and appropriate dimensions of streets, lots, and other proposedfeatures, and such approval shall entitle the Applicant to submit plans for final review.
H. Approval of Plats. The Borough Council shall act upon the application not later thanninety (90) days following the date of the first regular meeting of the LewistownBorough Planning Commission following the date the plan is filed or after an order of
._ . court remanding an application, provided that should the said next regular meetingoccur more than thirty (30) days following the filing of the plan, the said ninety (90)day period shall be measured from the thirtieth (30th) day following the day the planhas been filed.
3.302 FINAL PLAN.
A. A Final Plan with supporting data shall be submitted within one (1) year afterapproval of the Preliminary Plan by the Borough Council; provided that an extensionof time may be granted by the Borough CoUncil upon written request for a validreason presented by the Applicant. Otherwise, the plan submitted may be consideredas anew Preliminary Plan.
B. The Final Plan shall conform in all important respects with the Preliminary Plan aspreviously approved by the Borough Council and shall incorporate all modificationsand revisions specified by the Borough Council in its conditional approval of thePreliminary Plan. The Borough Council may accept a Final Plan that has been modifiedto reflect changing conditions since the time of Preliminary Plan approvaLOthermodifications, not previously submitted to and considered by the Borough Council,may be sufficient cause for considering the plan to be a revised Preliminary Plan.
15
C. The Borough Council may permit submission .of the Final Plan in sections or stages,each covering a portion of the entire proposed subdivision as shown on thePreliminary Plan, except that the first stage shall be submitted within one (1) year afterapproval of the Preliminary Plan as required in Section 3.302 A.
D. The Borough Council may require that any Final Plan or any section or stage of a FinalPlan not completed within five (5) years from the date of Preliminary Plan approval, asrequired by Section 1.205, shall require a new Preliminary Plan submission to reflectchanging conditions or legal requirements that may affect the subdivision or landdevelopment unless an extension of this five (5) year·limit is granted by the BoroughCouncil upon written request.
E. The Final Plan and supporting data shall comply with the provisions of Part 7 and 8 ofthis Ordinance. Failure to do so may be sufficient cause for tabling or rejecting theplan.
F. Six (6) copies of the Final Plan with supporting data shall be submitted to the Borough.Additional copies may be requested if required for submission or reference to otherappropriate agencies. The Subdivision Officer shall distribute copies of the plan to thefollowing:
1; Lewistown Borough Planning Commission.
2. Borough Engineer.
3. Borough Solicitor.
4. Mifflin County Planning Commission.
5. Mifflin County Conservation District.
G. The Applicant shall also transmit additional copies of the Preliminary Plan andsupporting data together with applicable fees and transmittal costs to the SubdivisionOfficer for distribution to the following agencies in number as specified by that agency:
Other appropriate agencies, such as: Pennsylvania Department ofTransportation, Pennsylvania Department of Environmental Protection, or otheragencies affected by or having an interest in the plan.
H. The Borough Council shall not approve a Final Plan until comments from the MifflinCounty Planning Commission are received or until the expiration of thirty (30) daysfrom the date the application was forwarded to the County.
1. The Borough Council shall consider any recommendation made by the LewistownBorough Planning Commission and the Mifflin County Planning Commission beforetaking official action.
J. Such actions shall include approval, approval with conditions, or disapproval, withreasons for disapproval specifically stated. Approval by the Borough Council shall besubject to the satisfactory resolution of all applicable Plan Requirements, and/or anyconditions set by the Borough Council, and when applicable, the execution of adevelopment agreement as required in Part 8.
K. The official action and decision of the Borough Council shall be in writing and shall beforwarded to the Applicant personally or to his/her last known address not later thanfifteen (15) days following such action. In the case ota rejection or disapproval of theplan, the Borough Council shall specify the defects of the plan and the requirements ofthis Ordinance that have not been complied with.
16
L. When the Borough Council has approved the Final Plan, and when all other approvals,conditions and agreements required herein, including the provisions of Sections 8.200,8.300 and 8.400, as required herein, have been satisfied, the President of BoroughCouncil, or in his/her absence or disability, the Vice President of Borough Council andSecretary of the Borough Councilor in his/her absence or disability, the AssistantSecretary, shall endorse foUl' (4) copies of the approved Final Plan to that effect. Theendorsed copies of the approved Final Plan shall each become the "Final Record Plan".One (1) copy of the endorsed Final Record Plan shall be kept in the Borough files, andthe other two (2) copies returned to the Applicant. Additional copies may be. endorsedto meet the needs of the Applicant and other agencies.
M. The effective date of Final Plan approval shall be the date when the Final Plan isendorsed as set forth in Subsection 1. above.
N. Approval of Plats. The Borough Council shall act upon applications not late~ thanninety (90) days following the date of the first regular meeting of the LewistownBorough Planning Commission following the date the plan is filed or after an order ofcourt remanding an application, provided that should the said next regular meetingoccur more than thirty (30) days follOWing the filing of the plan, the said ninety (90)day period shall be measured from the thirtieth (30th) day following the day the planhas been filed.
3.303 CONDITIONAL AFPROVALS. If the preliminary or final plan is approved, subject toconditions, then the Applicant shall either accept or reject such conditions in writing within aperiod of the fifteen (15) days of receipt of such conditions. Any conditional approval shall berescinded automatically if the Applicant fails to accept or reject such conditions within the
fifteen (15) day time period established above.
3.400 RECORDING OF FINAL PLAN.
The Applicant shall record two (2) copies of the approved Final Plan in the office of the MifflinCounty Recorder of Deeds within ninety (90) days of final approval or ninety (90) days after thedate of delivery of an approved plot signed by the Borough Council of the Borough ofLewistown, following completion of conditions imposed for such approval, whichever is later.The copy of the Final Plan filed for recording shall be known as the Final Record Plan. It shall bea clear and legible document in a form as required by the Mifflin County Recorder of Deeds,bearing the original required endorsem~nts of approval of the Borough Council and evidencethat the plan has complied with the requirements of the Pennsylvania MPC and the PA SewageFacilities Act of January 24,1966, P.L.1535, No. 537, (1965), as amended and supplemented.Failure to record the Final Record Plan as required herein shall render all approvals null andvoid.
The Borough Council may ·extend said ninety (90) day limit if requested in writing.
The Applicant shall provide the Borough with a copy of the plan bearing the recordinginformation of the MUflin County Recorder of Deeds office.
3.500 PLANS EXEMPTED FROM STANDARD REVIEW PROCEDURES.
A simplified procedure for the submission and approval of subdivision and land developmentplans may be utilized when the follOWing conditions exist:
3.501 MINOR SUBDIVISIONS. The Applicant of a minor subdivision, as defined herein, mayelect to omit the Preliminary Plan application review set forth above provlaed suchpr6posalison an existing street and no new streets are i?volved. A minor subdivision is a final plan andshall be processed in accordance with Sections 3.302 and 7.300. .
17
3.502 LOT ADDITIONS. When a lot addition is being created, information on both the parentand recipient tracts are required. The information can be in the form of a complete survey forboth parcels, or a partial survey with deed and/ or tax "parcel data to insure what the size of theexisting parcels is before the approval of the lot addition as well as the new lot configurationsafter the merger has occurred. (See Section 7.302.A.7.)
A. Lot Addition Subdivision or a Lot Line Adjustment shall not be required to show thefollowing Final Plan requirements:
1. 7.302.A.ll.2. 7.302.A.18.3. 7.302.A.23.4. 7.302.A.365. 7.302.B.5.6. 7.302.B.6.7. 7.302.B.9.
B. An inset map shall be required for lot additions and where subdivisions are notdirectly connected to a public road system. An inset map is a general location map ofsufficient size and detail for the Borough Council to readily determine geographicallywhere the subdivision or lot addition is proposed.
C. Any Applicant desirous of following this procedure may also first submit a Sketch Planas set forth in Section 3.109 in order to expedite the preparation of the Final Plan.
(""\ 3.503 AGRICULTURAL PARCELS. The division of land, by lease, for agricultural purposes into\,~j parcels of more than ten (10) acres and not involving any new street or easement access is
exempted from the provisions of this Ordinance, except thatthis shall not apply to agriculturalsubdivisions that are also used for other purposes such as for recreation, seasonal residential,commercial, industrial or other non-agricultural activities.
3.504 OTHER EXEMPTIONS. Certain "land developments", as set forth in the definition ofland development included herein, have been exempted from the provisions of this Ordinance.
PART 4
DESIGN STANDARDS
4.100 APPLICATION.
. This Part sets forth certain minimum Design Standards that shall apply to all Subdivisions andLand Developments and that shall go.vem the layout and location of physical features includedin any Plan. See also Part 6 regarding when certain improvements must be provided.
4.200 DESIGN STANDARDS DETAILS.
4.201 CONFORMANCE WITH OTHER REQUIREMENTS. All subdivisions and landdevelopments shall comply fully with all Federal, State, County, Borough and other applicablelaws and regulations. Evidence of the receipt of any permits or approvals required by such lawsand regulations shall be submitted by the Applicant and shall be a condition of the approval ofany plan submitted under this Ordinance. Where such other laws and regulations are morerestrictive than those contained herein, such other regulations shall be observed unlessspecifically stated otherWise herein.
18
4.202 GENERAL DESIGN STANDARDS AND COMPREHENSIVE PLAN REQUIREMENTS.
A. Land shall be suited to the purpose for which it is to be subdivided. Land that is unsafeor unsuited for development due to flooding, wetlands, subsidence, caverns andsinkholes, underground fires, open quarries, unconsolidated fill, steep slopes or otherhazardous conditions shall not be subdivided unless proper safeguards are providedby the developer and approved by the Borough Council.
B. Consideration shall be given in the design of all land developments and subdivisionsto the future development needs of the Borough and to any objectives established inany Borough comprehensive or master plan for land use, streets and thoroughfares,public utilities and facilities and to other governmental plans affecting the subdivisionor land development.
C. All subdivision and land development plans shall conform with any officially adoptedZoning Ordinance or Official Map concerning the area.
D. No subdivision or land development plan shall create a "nuisance" for any abuttingproperty, the neighborhood in which the plan is proposed or for the Borough as awhole. The Borough Council shall determine if a "nuisance" is being created by thePlan, as defined by applicable laws and regulations.
E. In reviewing subdivision and land development plans, the Borough Council willconsider the adequacy of existing or proposed community facilities to serve theadditional dwellings or uses proposed by the subdivision.
F. Areas may be required to be provided or reserved for such community facilities andthese should be adequate to provide for building sites, landscaping and off-streetparking as appropriate to the use proposed.
G. The layout of the proposed subdivision shall be in general conformity with the featuresor developments proposed in any officially adopted plan of the Borough.
H. All plan proposals shall be coordinated with existing and proposed development onadjoining or adjacent land.
1. Unless specifically set forth herein design standards for streets and driveways shall beas set forth in the latest edition of PennDOT publication entitled /IGuidelines ForDesign Of Local Roads and Streets - Publication 70".
4.203 ENVIRONMENTAL PROTECTION STANDARDS.
A. In the design of any subdivision and land development, the Borough Council shallrequire that maximum consideration be given to the preservation and protection of thenatural environment so as to safeguard the public health, safety and welfare of allresidents of the Borough and to minimize any adverse effects resulting from theproposed development.
B. Where the development may create an environmental problem that affects the publichealth, safety or welfare, the Borough Cpuncil may require and the Applicant shallpresent a plan indicating the specific manner in which the problem will be minimizedor eliminated, as further set forth in Section 4.203 C. below. No Preliminary or FinalPlan application shall be considered effective until such a required environmental planhas been submitted. The Borough Council may refer such a plan to any appropriategovernmental or other agency or authority qualified to review and/ or determine if theplan meets the requirements and objectives of this Ordinance and the requirements ofany other Federal, State, County, Borough, or other applicable law or regulation.
19
Topsoil conservation and protection.
Identification and preservation of wetland areas.
Avoidance of drainage problems.
Natural and historic feature preservation.
Adequate provision of utilities in accordance with Sections 4.211 and 4.212.
Sewage system for which a plan may be required in accordance with Section 4.211.
Protection of flood plain areas and avoidance of future flooding problems.
Lake, stream and river frontage preservation.
Tree preservation, removal and planting.
Topographic and geologic factors.
Preservation of prime agricultural land.
Control of excessive noise.
o
C. Environmental factors for which the Borough Council may require a plan include butare not limited to the following:
1. Erosion and sedimentation control for which a plan is required as set forth 'inSection 4.213.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14. Control of excess traffic created by the proposed subdivision.
15. Where applicable, as determined by the Borough Council, a reclamation and areseeding plan may be required for mining or earth moving activities or for anyuse that substantially modifies the nature of the existing terrain or environment, orthat is ofa type identified in Subsections D., E., and F. below.
D. No subdivision or land development plan shall be approved if it creates anydangerous, injurious, noxious, fire, explosive, radioactivity, chemical storage,environmental or other hazard; noise or vibration; smoke, dust, dirt, or other form ofair, solid waste or water pollution; electrical, glare, traffic congestion or otherobjectionable disturbance of a temporary or permanent or recurring nature that willadversely affect the surrounding area or premises, or be dangerous to public healthand safety. The Borough Council may determine compliance with this section based onthe following:
1. Data and information submitted by the Applicant.
2. Where such data and information is not sufficient to reach a determination, theBorough Council may require additional information from the Applicant.
3. The Borough Council may also require detailed expert review of all such plans todetermine compliance in accordance with established standards or withregulations of applicable governmental agencies.
4. Where there is an adverse impact on air quality, electromagnetic interference,lighting, noise, or glare and heat. The Applicant shall address each specificstandard as required in Sections 4.203 G., 4.203 H., 4.203 1. and 4.203 J.
E. No subdivision or land development shall create any environmental or nuisanceproblems that adversely affect areas that are predominately used for resi~ential
purposes.
20
Such problems shall consist of the keeping of livestock in or near residential areas, 01'
buildings, 01' the conversion of a barn, shed, or other building for a use involving thekeeping of livestock near or in residential areas, operations resulting in excessivenoise, odors, pollution, dangerous chemical storage conditions or other operations oruses resulting in unsafe, dangerous, toxic or other conditions adversely affecting thehealth and welfare of nearby residents.
Conversions of land or buildings, or new construction of single family residentialbuildings or other buildings that include barns or other buildings designed for thekeeping of livestock that would result in the creation of the types of problems set forthin Subsections D. and F. shall be considered as "land developments" as defined in thisOrdinance subject to all applicable requirements of herein.
F. Timber foresting, harvesting, and logging operations shall be subject to all applicableDEP, County Conservation District or other existing State or Federal regulations.
G. Air Pollution. To protect and enhance the air quality in the Borough, all sources of airpollution shall comply with any and all regulations set forth by the FederalEnvironmental Protection Agency and Pennsylvania Department of Environmental:protection. In addition, the following shall apply:
1. Odor. For major subdivision plans and/or land development plans, no odor shallbe permitted at any lot line exceeding the lowest amount set forth in Table III,Odor Thresholds, of Chapter 5, Physiological Effects, of the Air PollutionAbatement Manual of the Manufacturing Chemists Association, according to the
o latest edition of such table for the compodunds therein described. For compounds\-// not described in Table III, odor threshol s may be established by methods
indicated in Chapter 5 of the manual, and no odor shall be permitted at any lotline exceeding the amount determined by the application of such methods.
2. Smoke. For the purposes of grading the density or equivalent opacity of smoke,the Ringlemann No.1 from any chimney, stack, vent,opening or combustionprocess is prohibited; however, smoke of a shade not to exceed Ringlemann No.3is permitted for up to three minutes total in anyone (1) eight (8) hour period.
3. Particulate Matter.
a. The rate of particulate matter emission from all sources within the boundariesof any lot shall not exceed a net figure of one (1) pound per acre of lot areaduring anyone (1) hour period, after deducting from the gross hourlyemission per acre the correction factors set forth in the following table:
Height of Emission Above Grade Correction(feet) (pounds per hour
per acre)50 0.01100 0.06150 0.10200 0.16300 0.30400 0.50
. .Note: Interpolation for intermediate values not shown in table..
b. Determination of the total net rate of emission of particulate matter within theboundaries of any lot shall be made as follows:
21
1) Determine the maximum emission in pounds pel' hour from each sourceof emission and divide this figure by the number of acres of lot area,thereby obtaining the gross hourly rate of emission in pounds per acre.
2) From each gross hourly rate of emission derived in Subsection 3.a. above,deduct the correction factor (interpolating as required) for height ofemission set forth in the table, thereby obtaining the net rate of emissionin pounds per acre per hour from each source of emission.
3) Add together the individual net rates of emission derived in Subsection3.b. above to obtain the total net rate of emission from all sources ofemission within the boundaries· of the loti such total ~hall not exceed one(1) pound per acre of lot area during anyone (1) hour period.
H. Electromagnetic interference. No use, activity or process shall be conducted thatproduces electric and/or magnetic fields that adversely affect public health, safety andwelfare, including but not limited to interference with normal radio, telephone ortelevision reception from off the premises where the activity is conducted.
1. Glare and Heat. Any operation producing intense glare or heat shall be conductedwithin an enclosed building or with other effective screening in such a manner as tomake such glare or heat completely imperceptible from any point along the propertyline. No heat from any use shall be sensed at any property line to the extent of raisingthe ambient temperature of air or materials more than five degrees (5°) Fahrenheit.Any operation or activity that produce glare shall be conducted so that direct orindirect light from the source shall not cause illumination in excess of five-tenthsfootcandles measured at the property line.
J. Noise. For all major.subdivision plan and land development plans, the sound-pressurelevel for all 'uses and activities shall not exceed the decibel limits in the octave bandsdesignated in the following table and shall comply with the following standards:
1. Permitted decibel levels. At no point at or beyond the property line shall themeasured sound level exceed the maximum permitted sound levels designated inthe table below:
Maximum Permitted Sound Level in Decibels along the Property Line
Octave Band Residential NonresidentialCycles Per Second Districts Districts
Ot075 67 7375 to 150 62 68
150 to 300 58 64300 to 600 54 60
600 to 1200 49 551200 to 2400 45 512 400 to 4,800 41 47
Over 4 800 37 43
2. Measurement. Sound levels shall be measured with a sound-level meter andassociated octave band filter manufactured in accordance with the AmericanNational Standards Institute (ANSI). Noises capable of being measured shall bethose noises that cause rapid fluctuations of the sound-level meter with a variationof no more than plus or minus two decibels. Noises incapable of being measured,such as those of irregular and/or interInittent nature, shall be controlled so as notto become a nuisance to adjacent uses.
22
3. Exemptions. The following activities or sources are exempt from these noisestandards:
i.
f.
e.
c.
a. Activities covered by the following: stationary signaling devices, domesticpower tools, air-conditioning and air-handling equipment for residentialpurpose, operating motor vehicles, and refuse collection vehicles.
b. The unamplified human voice.
The lowing of cattle, the clucking of fowl, the neighing of horses or othernormal sounds of reasonable cared for agricultural animals, as well as thesounds of necessary farming equipment for a bona fide agricultural operation.
d. Aircraft operations.
Construction or routine maintenance of public service utilities.
Temporary activities relating to the construction and maintenance ofbuildings and facilities including site preparation between 6:00 a.m. to 9:00p.m.
Church bells or chimes:g.
h. The emission of sound for the purpose of alerting persons of an emergency, orthe emission of sound in the performance of emergency work.
Occasionally used safety signals, warning devices and emergency pressurerelief values.
4.204 STREET SYSTEM LAYOUT AND DESIGN STANDARDS - STREET SYSTEMS. StreetSystem Layout and Design Standards-Street Systems shall conform to the regulations containedwithin this Ordinance (See Section 4.2021) and to those within other applicable Ordinancesof the Borough of Lewistown.
o
If the Zoning Ordinance sets forth street system layout and design regulations based on aspecific development scheme (such as a Traditional Neighborhood Development) thenthose regulations shall prevail if they conflict with regulations contained within thisSection.
A. General Design Standards
1. Proposed streets shall conform to such Borough and state street and highwayplans, and Borough comprehensive plaI').s as have been prepared, adopted, and/or
, filed as prescribed by law.
2. New streets shall be connected with streets of similar function, to formcontinuations thereof.
3. Wherever there exists a dedicated or platted area reserved for future street usage'along the boundary of a tract being developed, the 'adjacent street shall beextended into the proposed project at the expense of the Applicant.
4. Local streets shall be laid out to discourage use by through traffic.
5. A rigid rectangular street pattern need not be adhered tOi the use of curvilinearstreets may be provided when their use will restilt in a more desirable layout.
6. Where a development abuts an existing or proposed arteria~ street, the BoroughCouncil may require the use of marginal access streets, reverse frontage lots orsuch other treatment that will provide protection for abutting properties, reduce
23
r-L)
the number of intersections with the arterial street and separate the local andthrough traffic.
7. If lots resulting from original subdivision are large enough to permit re;subdivision or if a portion of the tract is not subdivided, adequate rights-of-wayfor streets and other required improvements shall be provided as necessary topermit further subdivision.
8. All streets shall be arranged to conform as closely as possible to the originaltopography.
9. Streets shall be laid out to provide convenient and safe access to the property.
10. Streets shall be logically related to the topography so as to produce reasonablegrades, satisfactory drainage and suitable building sites.
11. As a minimum, all new streets shall be graded to the right-of-way line. All cut andfill slopes associated with the construction of the streets, within or beyond thelimits of the street right-of-way, shall not exceed a maximum of a 3:1 slope.
12. Where a proposed subdivision abuts an existing Borough street that has asubstandard right-of-way, the Borough Council may require dedication ofadditional right-of-way along the frontage of the new lots being subdivided,unless the Applicant has requested a waiver in accordance with Section 9.200. Ifthe residual lot cannot be further subdivided, the Borough Council may requirededication along the entire frontage of the property.
13. Wherever a tract to be subdivided borders an existing half or partial street, theother part of the street shall be constructed and/or improved within such tract inaccordance with the standards of this Ordinance.
14. New reserve strips, including those controlling access to streets, shall be avoided.
15. All street names and numbering of lots or units shall meet Section 4.204.C.
16. Sidewalks shall be required for streets where t1;t.e following are met:
a. To 'continue existing sidewalks from adjoining subdivisions and landdevelopments.
b. To provide access to community facilities.
c. To serve commercial/ industrial or mixed use development.
d. To serve medium and/or high density residential development.
e. Where the Borough Council determines sidewalks are necessary for publicsafety. The Borough Council will review the recommendation of the Boroughof Lewistown Planning Commission in making this determination.
1) The minimum width of all sidewalks and pathways shall be four (4) feet.Minimum construction standards for sidewalks shall be in accordancewith PennDOT Form 408 specifications and the Federal ADA accessibilityrequirements, as such may be amended or supplemented from time totime.
B. Private Streets
1. Private streets shall be permitted at the sole discretion of the Borough Council.
24
a. Private streets shall conform to any applicable Ordinances and regulations ofthe Borough of Lewistown, including the requirement of construction being inaccord with Pennsylvania Department of Transportation standards or otherstandards as the Borough Council shall adopt by an approved Resolutionfrom time to time.
b. Development applications that propose a private street shall include thefollowing information on the final approved plan that will be recorded withthe Mifflin County Recorder's Office:
1) A note that the private street shall be constructed and maintained toconform to the provisions of this Ordinance and that improvement andcontinued maintenance shall be the responsibility of the Applicant orproperty owners using the private street. The Borough shall assume noresponsibility for maintenance of the private street.
2) A turn-around with a sufficient width to allow passenger vehicles,delivery trucks, and emergency vehicles adequate area to turn-aroundwithout having to use a private driveway.
c. The following note shall be included on all subdivision and land developmentplans proposing the use of private streets: "The owners oflots agree and understand that Road is a privateroad, and, as such, the owners are responsible for maintenance, care,improvements, and snow removal at their own diligence and expense.Further, if at any time in the future, the property owners adjacent to this roaddesire to dedicate said road to Borough ownership, then such owners shall berequired at their own expense to improve said road to meet the public roadand street specifications of the Borough in place at such time. Themaintenance and use of said private road shall be in accordance with theprivate road maintenance and use agreement recorded in Deed Book__Page of the Mifflin County Recorder of Deeds Office."
d. For all private streets, a maintenance agreement shall be submitted with thefinal plan. The maintenance agreement shall include the method of assessingmaintenance and repair costs.
e. It is the policy of this Borough that all subdivided lands shall have immediateaccess to a public street. Because of unique property configuration andlocation, this Borough recognizes the need for limited exceptions to theforegoing general policy. No subdivision will be approved on a private streetor road if more than five (5) lots already front on such street or road or if aftersubdivision more than five (5) lots will front on such private street or road.
C. Traffic Signs, Street Names, and Street Addressing. In order to have proper installationof traffic control signs, continuity in street addressing, and prevent conflicting andsimilar street names, the following requirements shall be utilized:
1. Streets that are extensions of or obViously in alignment with existing streets shallbear the names of the existing streets.
2. Street names shall not be repeated within the Borough.
3. Street name signs shall be provided and installed by the developer at allintersections and shall identify both intersecting streets and their design shall beapproved by the Borough. .
25
'\II
4. Regulatory signs shall be provided and installed by the developer at all locationsidentified by a traffic engineering study prepared by the developer and inaccordance with PennDOT Publication 201, Engineering Traffic Studies, asamended.
5. Traffic signs shall be approved by the Borough and shall be supplied and installedby the developer in accordance with Borough regulations; PennDOT Publication68, Official Traffic Devices; and the MUTCD, Manual on Uniform Traffic ControlDevices, FHWA, as amended.
6. All traffic signs shall be installed by the developer prior to the occupancy of anyunits within the project.
7. Sequential and proper street addressing is a public safety issue. Street addressingshould be consistent and not duplicate other addresses in the same block. Streetaddressing must be approved by the Borough.
8. Prior to final approval of the subdivision, street names, address ranges, andindividual addresses must be approved by the Borough.
D. Guide rail
1. Streets shall be designed to preclude or minimize the need for guide rail. TheBorough Council may, however, require guide rail to be placed for protection onembankments when a barrier is indicated as warranted in Design Manual Part 2Highway Design by PennDOT, January 1990 edition, as amended.
(-) 2. The design and selection of guide rail shall generally be in accordance with the\'---...-/ standards in Design Manual Part 2 Highway Design, January 1990 edition, as
amended, however, the Borough shall approve all guide rail systems.
E. Cul-de-sac and Dead-End Streets
1. A cul-de-sac shall not be permitted when a through street is feasible.
a. The feasibility of a through street will be based on the following:
1) Physical features of the tract proposed for development;
2) The potential for extension of the street to adjOining lands;
3) Restrictions imposed by other government regulations; and
4) The ability of the design to meet all other requirements of this Ordinance.
b. When cul-de-sac streets are proposed, the application shall be accompaniedby a written analysis of the merits of the design and the reasons that a throughstreet would not be feasible.
c. Commercial or Industrial cul-de-sacs shall be reviewed for adequacy by theBorough Engineer. The Borough Engineer's recommendations shall be givento the Borough which shall have final authority on the matter.
d. Cul-de-sac streets, whether permanent or temporary, shall be provided at theclosed end with a turnaround having a minimum radius to the edge of thefinished street or curb line of no less than fifty (50) feet.
e. Approval of cul-de-sac streets shall be at the sole discretion of the BoroughCouncil. . -
26
2. Where any adjacent stub street is not proposed for extension as a through street,the Developer shall construct a cul-de-sac in accordance with Ordinances andregulations of the Borough of Lewistown.
3. Permanent cul-de-sac streets shall be designed as follows:
a. Minimum length - two hundred fifty (250) feet;
b. The length of the cul-de-sac street shall be measured from the centerlineintersection of the intersecting street to the center of the cul-de-sac turnaround;
c. Drainage of cul-de-sac streets shall preferably be toward the open end. Ifdrainage is toward the closed end, water shall be conveyed away in anunderground storm sewer or by other means approved by the BoroughCouncil. The minimum grade on cul-de-sacs shall be designed to ensure aminimum of one (1) percent along the curb line to the designed low points.The maximum grade on cul-de-sacs shall not exceed ten (10) percent; and
d. In lieu of constructing a permanent cul-de-sac bulb, the Applicant mayconstruct a symmetrical"Hammerhead" style turn around in accordance withstandards contained in the Residential Street (2nd Edition), co-authored by theAmerican Society of Civil Engineers, as amended from time to time. Suchhammerheads shall be designed to facilitate three-point turns. The minimumdimensions of hammerheads shall be thirty (30) feet by eighty-five (85) feetwith curbing, or thirty (30) feet by eighty-five (85) feet with four-footshoulders. The right-of-way diameter for a hammerhead shall be ten (10) feetgreater than the edge of curb or shoulder.
4. Temporary cul-de-sac streets shall be designed. as follows:
a. Minimum length - two hundred fifty (250) feet;
b. Unless future extension is clearly impractical or undesirable, the turn-aroundright-of-way shall be placed adjacent to the tract boundary with sufficientadditional width provided along the boundary line to permit extension of thestreet at full width; .
c. Temporary cul-de-sacs shall be designed to the same cartway width anddrainage criteria as required for permanent cul-de-sacs; and,
d. Temporary easements shall be provided for the effected adjoining propertiesuntil such time that the street is extended.
5. Dead-end streets:
a. Dead-end streets are prohibited unless designed as cul-de-sac streets.
b. The Borough Council may waive the requirements of providing a tum-aroundfor streets that are planned for future extension into adjoining tracts subject tothe following requirements:
1) The street will be no longer than the depth of one (1) lot; and
2) The street will not be the primary means of access to any lot or dwellingunit.
27
6. Any street temporarily dead-ended in order to provide for future continuation ofthe street into adjoining property or for authorized stage development shall befully constructed as a temporary cul-de-sac with all utilities installed.
7. A barricade to prevent vehicular access to adjoining property shall only beconstructed at the termination point of the street if no curbs exist. The barricadeshall be designed and constructed in accordance with PennDOT Publication 72,Standards for Roadway Construction, RC-63, as amended and supplemented fromtime to time.
F. Intersections
1. Intersections involving the junction of more than two (2) streets are prohibited.
2. Right angle intersections shall be used.
3. All streets intersecting a state highway shall be subject to the approval ofPennDOT.
4. Seventy-five (75) feet clear sight triangle shall be provided and maintained at allintersections.
a. Clear sight triangles shall be indicated on all plans.
b. No building, structure, landscaping or other obstruction thatwould obscure the vision of motorist shall be permitted withinthese areas.
5. Proper safe stopping sight distance shall be provided with respect to bothhorizontal and vertical road alignments at all intersections, including intersectionsof driveways, shared d:dveways and private streets.
a. The required and available safe stopping sight distance shall beincluded on the plan for all-existing and proposed intersections,driveways, shared driveways and private streets. If the sightdistance does not meet minimum requirements, the Applicantshall obtain the necessary PennDOT Highway Occupancy Permitor a Local Road Occupancy Permit prior to the plan being finallyapproved and recorded. If adequate sight distance is available,the following applicable note shall be added to the plan:
1) State Highway Occupancy Permit - Pursuant to Section420 of the Act of June 1, 1945, (P.L. 1242, No. 428), nobuilding permit will be issued for any lot or parcel thatwill require access to a state highway until authorized by aPennsylvania Department of Transportation HighwayOccupancy Permit.
2) Municipality Road Occupancy Permits - No buildingpermit will be issued until the Municipal Engineer ordesignee has verified the sight.
b. Street intersections shall be located at a point that providesoptimal sight distance in both directions.
28
6. When a subdivision or land development plan, whether preliminary or final, isproposed and access to the property is from an existing permitted driveway, acopy of the approved PennDOT Highway Occupancy Permit or a Local HighwayOccupancy Permit shall be submitted with the plan.
4.205 LOT DESIGN STANDARDS.
A. Area and other dimensions of lots and parcels shall conform with the requirements ofthe Zoning Ordinance.
B. All lots shall front on a public street, except that such frontage may be located on aprivate street where such private street is permitted as set forth in this Ordinance.
C. As design guidelines, the ratio of the depth of any lot to its width shall not be greaterthan three (3) to one (i), except as may be specified in the Zoning Ordinance.
D. Side lot lines shall be substantially at right angles or radial to street lines.
E. If remnants of land exist after subdividing, they shall be incorporated into existing orproposed lots, conveyed to a duly created property owners association, or dedicated topublic use if acceptable to the Borough.
F. Double frontage lots are prohibited, except where employed to prevent vehicularaccess to arterial traffic streets.
G. Flag Lots.
1. Flag lots, as defined, shall only be permitted when they will enable thepreservation of some important natural or cultural feature, including productivefarmland, which would otherwise be disturbed by conventional lottingtechniques. Such feature(s) shall be identified on the subdivision plan along with astatement on how conventional lotting techniques would adversely disturb suchfeatures.
2. The minimum lot area shall be as is required by the Zoning Ordinance. Theflagpole shall not be used in determining the applicable minimum lot arearequirement. No further subdivision of a flag lot is permitted unless public streetsor private streets meeting requirements of this Ordinance are provided.
3. Requirements of the flagpole.
a. The minimum width shall be thirty (30) feet wide measured at the right-ofway line. If further subdivision of the flag is possible, the width of the flagpoleshall be fifty (50) feet wide.
b. The flagpole shall not exceed six hundred (600) feet in length, unlessadditional length is needed to avoid the disturbance of productive farmlandsor some other significant natural or cultural feature.
c. No part of the flagpole shall be used for any portion of an on-lot sewagedisposal system, nor any other improvement except a driveway and otherpermitted improvements such as landscaping, fencing, utility connections,mailboxes "and signs.
d. No flagpole shall be located within two hundred (200) feet of another one (1)on the same side of the street, unless a shared driveway is utilized.
29
4. Shared Driveways.
a. When two (2) flag lots are proposed where the flagpole is side by side, suchlots shall rely upon a shared driveway for vehicular access.
b. A shared driveway shall serve a maximum of two (2) flag lots.
c. All shared driveways shall have a minimum width of sixteen (16) feet andcross access easement shall be required to ensure cornman use of, access to,and maintenance of shared driveways. Such easement shall be recorded inlanguage acceptable to the Borough, and depicted on the subdivision plan. Allplans proposing shared driveways shall contain the following note: liTheowners of Lots --' which have a common driveway, agree and understandthis is a shared driveway, and as such are responsible for maintenance, care,improvements, and snow removal at their own diligence and expense. Themaintenance and use of said shared driveway(s) shall be included in thedeeds as said lots are sold./I
5. Flag lots cannot be developed on or accessed by a private street existing orproposed at the time of adoption of this ordinance, unless the private street isconstructed in accordance with the Road Resolution.
4.206 BLOCKS.
A. The length, width and shape of blocks shall be determined with due regard to thefollowing:
1. Provision of adequate sites for buildings of the type proposed.
2. Zoning requirements.
3. Topography.
4. Requirements for safe and convenient vehicular and pedestrian circulation.
B. Blocks shall normally have a minimum length of seven hundred fifty (750) feet ormaximum length of one thousand two hundred (1200) feet. In the design.of blockslonger than one thousand (1000) feet, special consideration shall be given to therequirements of satisfactory fire protection and pedestriat:J. travel.
C. Residential blocks shall be of sufficient depth to accommodate two (2) tiers of lots,except where reverse frontage lots bordering a arterial traffic strees are used; wherespecial superblock, cluster design, planned unit developments or other large scale,commercial or industrial developments are proposed or where topographic or otherconditions prevent such a design.
D. Pedestrian interior crosswalks may be required where necessary to assist circulation orprOVide access to community facilities. Such crosswalks shall have a right-of-waywidth of not less than ten (10) feet and a paved walk of not less than four feet.
4.207 OFF-STREET PARKING AND LOADING AND UNLOADING.
Every type of land development or subdivision shall provide off-street parking and loading andunloading spaces in accordance with Chapter 27, Zoning, of the Code of Ordinances of theBorough of Lewistown, as amended from time to time.
30
4.208 DRIVEWAYS.
A. Driveway widths shall be designed to properly and safely serve the function for whichthey are intended. Such driveways shall not be less than ten (10) feet wide or g!eaterthan thirty (30) feet wide.
B. Driveway entrances shall be clearly defined and shall provide a minimum turningradii at the street intersection of ten (10) feet when serving a residential area and thirty(30) feet when serving a non-residential development. Such turning radii shall beproperly constructed in relation to the type of curb provided.
C. The number of driveways and driveway intersections on an arterial street shall beminimized and avoided where possible. Permits for driveways intersecting with Stateroads or highways shall be secured from the Pennsylvania Department ofTransportation. Such driveway intersections shall generally not be located closer thanseventy (70) feet from any street intersection right-of-way line. Driveway locations onBorough roads should be coordinated with the local road master.
D. Driveway grades shall not exceed ten percent (10%) when access is to a collector orlocal street, or seven percent (7%) when access is with an arterial street, except wheresuch excess grade is required to provide adequate access to the parcel and in suchcases, a seven percent (7%) leveling area shall be provided within twenty (20) feet ofthe street right-of-way line.
E. Driveways shall have adequate sight distance. No lot shall be created withoutacceptable sight distances for a driveway.
F. Shared driveway provisions as delineated in Section 4.205.G.4.c.
4.209 STORM WATER MANAGEMENT.
A. Prior to the approval of any subdivision or land development plan, or thecommencement of any development covered by this Ordinance, the developer shallsubmit a stormwater management plan to the Borough for review and approval.
B. The stormwater management plan shall conform in all ways to Part 10 hereof, StormWater Management Ordinance of the Borough of Lewistown, as amended and'supplemented from time to time.
C. When plan applications are submitted in sections, sufficient information shall beprOVided to demonstrate how the stormwater management plan for the proposedsection relates to all other sections of development and to the entire development as awhole.
4.210 EASEMENTS.
A. Easements with aminimum width of fifteen (15) feet plus the width of any physicalimprovement, or with the minimum width ofany natural swale shall be provided asnecessary for all utilities and drainage facilities, including installation of "private"utility services. For purposes of this provision, a "drainage easement" must have aminimum flow path that will not impede flow. No structures, trees or shrubs shall bepermitted in a "drainage easement".
) B. Above ground utilities shall be placed along the rear or side lot'lines unless they existalong the street prior to the submission of the Preliminary Plan to the Borough.
31
C. Easements for installation of underground conduits for electric power, telephone andtelevision cable lines shall be provided so that each lot or leased unit can be practicallyserved.
D. To the fullest extent possible, easements shall be centered on or adjacent to rear or sidelot lines.
E. Where a major subdivision is traversed by a water course, there shall be provided adrainage easement or right-of-way conforming substantially to the line of such watercourse and of such width as will be adequate to preserve natural drainage.
4.211 WATER SUPPLY AND SEWAGE FACILITIES.
All subdivisions and land developments located within the Borough shall be servedwith an adequate water supply system and with an adequate sewage system and shallbe connected to the Lewistown Borough Sanitary Sewer System and to the publicwater supply.
4.212 OTHER UTILITIES.
A. A plan for providing all necessary utility services to the proposed subdivision and landdevelopment shall be prepared by the Applicant in cooperation with the appropriate
. public utility companies arid governmental agencies.
Wherever possible utilities shall not be placed under the paved portion of a street andeasements should be provided to facilitate utility locations in areas that will facilitateeasy access to and repair of utility lines.
('--'j B. Fire hydrants shall be required in medium andlor high density areas (density of morethan three (3) units per acre) and wherever a central water system is installed. Spacingof hydrants shall be such that no residential structure shall be farther than six hundred(600) feet and no non-residential structure shall be farther than four hundred (400) feetfrom a hydrant. Additional standards published by the Insurance Services Office ofPennsylvania may also be applied by the Borough Council.
C. All electric utility distribution lines, telephone, cable TV and other similar lines shall beencouraged to be installed underground in all major subdivisions or landdevelopments.
D. Wherever practicable, in accordance with good engineering practice, utility easementsand trenches shall be occupied jointly by compatible utilities.
E. All public andlor private utilities and facilities located in designated flood prone (onehundred (100) year flood) areas~ including gas and electric shall be elevated or floodproofed up to the regulatory flood elevation.
4.213 EROSION AND SEDIMENTATION CONTROL. The Department of EnvironmentalProtection under the authority of the Pennsylvania Clean Streams Law, Act of June 22, 1937,P.L. 1987, No. 394, as amended and supplemented, requires that all Applicants proposingsubdivisions and land developments requiring the movement of earth prepare a Soil .Erosion and Sedimentation Control Plan andlor a NPDES permit. The Applicant shall contactthe Mifflin County Conservation District for design and submission requirements. The SoilErosion and Sedimentation Control Plan shall be prepared in accordance with the provisions ofthe Pennsylvania Clean Streams Law. The Borough Council may require a copy of the Plan to besubmitted for review and approval prior to approval of the final subdivision or landdevelopment plan.
32
4.214 ADDITIONAL NON-RESIDENTIAL REQUIREMENTS.
A. CornmercialjIndustrialjInstitutional- Lot area for commercial, industrial, andinstitutional land uses shall be of sufficient size to incorporate all design elements ofthis Ordinance (parking, sewage disposal, water supply, landscaping, etc.).
B. Wherever possible, commercial and industrial parcels should include enough land toprovide for a group of commercial establishments to be planned, developed andoperated as a unit: Such a development shall be planned with coordinated driveways,parking areas and other common facilities. Narrow, highway ribbon developmentsfronting directly on an arterial street should be discouraged, whenever possible.
C. Traffic movements in and out of commercial andj or industrial areas should notinterfere with external traffic, nor should it create hazards for adjacent residentialareas.
D. The design of streets, service drives and pedestrian ways should provide for safe andhazard-free internal circulation.
E. Block layout and design shall give due consideration to site conditions, to the bestpossible service to customers, traffic and parking circulation and pick-up and deliveryservices. Plans shall include the total square footage of all proposed buildings, percentof lot coverage, number of parking and loading spaces provided, and a landscapingplan as provided under Section 4.214 G. of this Ordinance, including the names, .sizes,quantities, and approximate location of all proposed plant materials (trees and shrubs),if required.
F. The total area shall be sufficient to provide adequate space for off-street parking andloading, landscaping and other facilities required to properly serve the intended use.
G. A Landscape Plan shall be provided, and shall include suitable landscaping aroundbuildings that shall serve as a buffer between a proposed use and adjacent residentialland uses. The plan shall include the plant names, sizes, quantities, and generalinformation for each plant proposed. Landscape screens must achieve visual blockagewithin two (2) years of installation.
4.215 TRAFFIC IMPACT STUDY. All residential developments or subdivisions containingtwenty (20) or more dwelling units or residential lots and all non-residential developments(with the exception of agricultural development) that generate fifty (50) or more new peak hourtrips or three hundred (300) total trips per day shall provide studies and reports in accordancewith the requirements of this Section. All Applicants with subdivisions andj or landdevelopments that do not meet the above stated criteria shall submit the information requiredin this Section 4.216(4).
The Applicant is responsible for assessing the traffic impacts associated with a proposeddevelopment that meets any condition set forth above. Prior to preparing a Traffic ImpactStudy, the Applicant shall meet with the Borough for a "Scoping" session to review anddiscuss the overall project, development activity in the area, other prior traffic impactstudies (if applicable), and other critical points related to the satisfactory completion of theStudy. The Applicant shall be responsible for all data collection efforts required inpreparing a traffic impact study including peak period turning movement counts. Inaddition, the Applicant is responsible for ensuring that any submitted development plansmeet the minimum State and local standards for geometric design. The study shall beconducted only by a professional engineer that has verifiable experience in trafficengineering. Upon submission of a draft Study, the Borough may review the data sources,
33
methods and findings, and provide comments in written form. The Applicant will thenhave the opportunity to incorporate necessary revisions prior to submitting a final Study.
4.216 TRAFFIC IMPACT STUDY CONTENTS. A Traffic Impact Study prepared for a specificsite development proposal shall follow the basic format shown below. Additions ormodifications should be made for a specific site, when appropriate. This basic format allows fora comprehensive understanding of the existing site, future conditions without the proposed use,and the impacts associated with the proposed subdivision and/ or land development plan.
1. Introduction. This section identifies the land use and transportation setting for thesite and its surrounding area.
a. Site and study area boundaries. A brief description of the size of the landparcel, general terrain features, legal right-of-way lines of the highway, andthe location within the jurisdiction and the region should be included in thissection. In addition, the roadways that afford access to the site and areincluded in the study area should be identified. The exact limits of the studyarea should be based on engineering judgment and an understanding ofexisting traffic conditions at the site. In all instances, however, the Developer,the Engineer, and the Borough must mutually agree .upon the study limits.
b. Site description. This section should contain a brief narrative that describesthe proposed development in terms of its function, size and near and longterm growth potential. This description should be supplemented by a sketchthat clearly shows the proposed development within the site boundaries, itsinternal traffic circulation pattern and the location and orientation of itsproposed access points.
c. Existing and proposed site uses. The existing and proposed uses of the siteshould be identified in terms of the various zoning districts in the jurisdiction.In addition, identify the specific use on which the study is based since anumber of uses may be permitted under the existing ordinances.
d. Existing and proposed nearby uses. Include a complete description of theexisting land uses in the vicinity of the site as well as their current zoning. TheApplicant should also state the proposed uses for adjacent land, if known.This latter item is especially important where large tracts of undeveloped landare in the vicinity of the site and within the prescribed study area.
e. Existing and proposed roadways and intersections. Within the study area,describe existing roadways and intersections (geometries and traffic signalcontrols), as well as possible future improvements under consideration bygovernment agencies.
2. Analysis of Existing Conditions. This section describes the results of theVolume/Capacity Analysis to be completed for the roadways and intersections inthe study area under existing conditions, as well as any data collection efforts thatare required.
a. Daily and peak hour(s) traffic voiumes. Provide schematic diagrams depictingdaily and peak hour(s) traffic volumes for roadways within the study area.Turning movement and mainline volumes are to be presented for the three (3)peak hour conditions (AM, PM and site generated) while only mainlinevolumes are required to reflect daily traffic volumes. Include the sourceand/ or method of computation for all traffic volumes.
34
-_._--~-._------_. ------
)
b. Volume/Capacity Analyses at critical points. Utilizing techniques describedin the most current version of the Highway Capacity Manual, highwaycapacity software, or derivative nomographs, include an assessment of therelative balance between roadway volumes and capacity. Perform theAnalysis for existing conditions (roadway geometries and traffic signalcontrols) for the appropriate peak hours.
c. Level of service at critical points. Based on the results obtained in the previoussection, Levels of Service (A through F) are to be computed and presented:This Section should also include a description of typical operating conditionsat each level of service.
3. Analysis of Future Conditions Without Development. This Section describes theanticipated traffic volumes in the future and the ability of the roadway network toaccommodate this traffic without the proposed zoning or subdivision request. Thefuture year(s) for which projections are made will be specified by the Borough andwill be dependent on the timing of the proposed development.
a. Daily and peak hour(s) traffic volume. Clearly indicate the method andassumptions used to forecast future traffic volumes in,order that the Boroughcan duplicate these calculations. The schematic diagrams depicting futuretraffic volumes will be similar to those described in Subsection 4.216(2)(a) interms of locations and times (daily and peak hours).
b. Volume/Capacity Analyses at critical locations. Describe the ability of theexisting roadway system to accommodate future traffic (without sitedevelopment). If roadway improvements or modifications are committed forimplementation, present the Volume/Capacity Analysis for these conditions.
c. Levels of service at critical points. Based on the results obtained in theprevious section, determine Levels of Service (A through F).
4. Trip Generation. Identify the amount of traffic generated by the site for daily andthe three· (3) peak conditions. The trip generation rates used in this phase of theanalysis shall be justified and documented to the satisfaction of the BoroughCouncil.
5. Trip Distribution. Identify the direction of travel for site-generated traffic for theappropriate time periods. The basic method and assumptions used in this workmust be clearly stated in order that the Borough can replicate these results.
6. Traffic Assignment. Describe the utilization of study area roadways by sitegenerated traffic. The proposed traffic volumes should then be ~ombinedwithanticipated traffic volumes from Subsection 4.216( 3) to describe mainline andturning movement volumes for future conditions with the site developed as the.Applicant proposes.
7. Analysis of Future Conditions with Development. This section describes theadequacy of the roadway system to accommodate future traffic with developmentof the site.
a. Daily and peak hour(s) traffic volumes. Provide mainline and turningmovement volumes for the highway network in the study area as well asdriveways and internal circulation roadways for the appropriate time period.
35
C__)
b. Volume/Capacity Analyses at critical points. Perform a volume/capacityanalysis for the appropriate peak hours for future conditions with the sitedeveloped as proposed, similar to Subsections 4.216(2)(b) and 4.216(3)(b).
c. Levels of service at critical points. As a result of the Volume/ CapacityAnalysis, compute and describe the level of service on the study area roadwaysystem.
8. All highway capacity evaluations shall consider the overall intersection level ofservice and delay, and evaluate each approach and movement to identify anysubstantial values that need to be improved.
9. Recommended Improvements. In the event that the analysis indicatesunsatisfactory levels of service will occur on study area roadways, a description ofproposed improvements to remedy deficiencies should be included in this section.These proposals would not include committed projects by the State and localjurisdictions that were described and reflected in the analysis. The preferred Levelof Service is Ci however, a lower level of service may be permitted if the existingLevel of Service is less than C, provided that the permitted level shall not be lowerthan the existing Level of Service.
C. In the event that the intersection/driveway accesses, which are the subject of theStudy, do not warrant a traffic control device in accordance with the standards of thePennsylvania Department of Transportation or cannot be improved to achieve a Levelof Service of C due to existing physical limitations such as lack of right-of-way, thepermitted Level of Service may be lower than C if the existing level is less than C.
1. Proposed recommended improvements. Describe the location, nature and extentof proposed improvements to assure sufficient roadway capacity. Accompanyingthis list of improvements shall be preliminary cost estimates, sources of funding,timing and likelihood of implementation by the Developer.
2. Volume/Capacity Analyses at critical points. Another iteration of theVolume/Capacity Analysis will be described that demonstrates the anticipatedresults of making these improvements.
3. Levels of service at critical points. As a result of the revised Volume/CapacityAnalysis presented in the previous section, present levels of service for thehighway system with improvements.
4.217 LIGHTING. Exterior lighting, except for overhead street lighting and warning,--~~----------~-emergency, or traffic signals, shall be installed in accordance with Subsection 3. below,
in such a manner that the light source will be sufficiently obscured to prevent glare onpublic streets and walkways or into any residential area. The installation or erection of .any lighting that may be confused with warning signals, emergency signals or trafficsignals shall be unlawful. Any lighting that produces glare shall not cause illuminationin excess of five-tenths footcandles measured at the property line.
1. Measurement. Lighting levels shall be measured in footcandles. Measurementshall be taken with a direct reading portable light meter or light-readingequipment recommended by the Borough Engineer.
2. Method. Readings shall be taken by qualified personnel so that the light-readingmeter has been exposed long enough to provide a constant reading.Measurements shall be made after dark with the· light sources in question on, thenwith the same sources off. The difference between the two (2) readings shall be
36
compared to the maximum permitted illumination at the property line at groundlevel. This procedure eliminates the effects of moonlight and other ambient light.
3. Lighting shall be required in all major subdivision plans and land developmentplans. These lighting requirements provide appropriate standards to ensureadequate nighttime safety and security while minimizing the spillover of light andglare on operators of motor vehicles, pedestrians and land uses near the lightsource. The safety, welfare, nuisance, and hazardous aspects of lighting form thebasis of these regulations.
a. Requirements. Exterior lighting shall be provided in parking areas, pedestriansidewalks and walkways and nonresidential driveway intersections inaccordance with the following standards. Lighting used for security purposesshall also conform to the following standards. All luminaires used for exteriorlighting shall be full cutoff, as classified by the Illuminating EngineeringSociety of North America (IESNA) and shall meet the following:
Maximum Permitted Maximum PermittedIllumination Height of Luminaire(footcandles)
Residential 1.0 25 feetNonresidential 3.0 . 40 feet
4. Exemptions.
a. Because of their unique requirements for nighttime visibility and their limitedhours of operation, public and private recreational uses such as balldiamonds, playing fields, tennis courts and volleyball courts are exempt fromthe above requirements. These uses must meet all other requirements of thisSection.
b. Outdoor public and private recreational uses specified above shall not exceeda maximum permitted post height of eighty (80) feet.
Luminaires for outdoor public and private recreational uses need not be fullcutoff, provided that the luminaires are shielded to prevent light and glarespillover to adjacent residential uses. The maximum permitted illumination atthe interior buffer yard line shall not exceed two footcandles.
5. Additional requirements.
a. Flickering or flashing lights shall not be permitted.
b. The location and type of lighting required by this Section shall be shown onthe site plan submitted for development.
c.. ~ Low-level pedestrian lighting for sidewalks should be provided as necessaryfor safety. Low-level sidewalki11urirination for nonresidential uses shall bebetween 0.5 to 1.0 footcandles. Low-level sidewalk illumination for residential .uses shall be between 0.2 and 0.3 footcandles.
37
PARTS
MOBILE HOME PARKS
5.100 DESIGN STANDARDS DETAILS.
All subdivisions and land developments that include the design of a mobile home park shall besubject to the following requirements and to all other applicable requirements of thisOrdinance:
A. Lot Requirements - All individual mobile homes located in a mobile home park shallhave a minimum lot size, set back, area and side yard as required by the ZoningOrdinance.
B. Size and Location of Mobile Home Parks - All mobile home parks shall meet the sizeand location requirements of the Zoning Ordinance.
C. Foundation Anchors and Enclosures.
1. An adequate number of foundation anchors for the placement and tie-down of themobile home shall be provided for the purpose of stabilizing the super-structureagainst uplift, sliding, rotation and over-turning. Foundation anchors shall beadequately designed and installed to provide adequate tie-down as requiredabove. Anchors shall be positioned at random distances as required for tie downpurposes.
2. All mobile home parks shall provide for the enclosure of the foundation area onwhich the mobile home unit is situated. Enclosures shall be installed within a
(~) minimum of one hundred eighty (180) days after placement of a mobile home unit.'~/
D. Off-Street Parking shall be provided in accordance with Chapter 27, Zoning, of theCode of Ordinances of the Borough of Lewistown, as amended from time to time.
E. Required Improvements - All mobile home, parks shall be served with adequate streets,sewer, water and other facilities. All mobile home parks shall comply with theRequired Improvements set forth in Part 6 and shall conform with the DesignStandards set forth in Part 4 for residential developments. Where the ZoningOrdinance sets forth design regulations and required improvements for Mobile HomeParks, those regulations shall prevail if they conflict with regulations contained withinthis Ordinance.
F. Other Utility Requirements.
1. Each mobile home lot shall be provided with a suitable method for connecting themobile horne sewage drain outlet to the sewer line. Provision shall be made forplugging the sewer riser pipe when a mobile home does not occupy the lot.Surface drainage shall be diverted away from the riser. The rim of the riser pipeshall be encased in a waterproof catch basin.
2. Each mobile home lot shall have a water riser pipe that connects the mobile homewater system to the central water system.
,3. All fuel storage tanks shall be constructed in accordance with appropriate Stateagency and fire code regulations.
38
PART 6
REQUIRED IMPROVEMENTS
6.100 APPLICATION.
The minimum improvements required for all subdivisions and land developments that shall beprovided and installed by the Applicant as a condition for final approval of any Plan shall be setforth in this section. Alternate improvement standards may be permitted if the Borough Councildeems them equal or superior in performance characteristics to any specified improvements.All improvements are subject to the review, advice and inspection of the Borough. Additionalor higher type improvements may be required in specific cases where the Borough Council findthem to be necessary to create conditions essential to the public health, safety and generalwelfare of the citizens of the Borough.
6.200 SUMMARY OF REQUIRED IMPROVEMENTS.
Minimum improvements to be required of the Applicant, where applicable, are set forth in thetable below. Additional improvements may be required in accordance with other adoptedordinances or regulations.
REQUIRED IMPROVEMENTS TO BE PROVIDED
Type of Improvement Medium and/ or Low Density Very Low DensityReqUired High Density Residential (b) Residential (c)
Residential (a) andNon-Residential
Improved Streets X X XAdequate drainage X X Xand/or Storm Sewers (d)Sidewalks X (e) eMonuments and Markers X X XStreet Name Si~s X X XStreet Lighting X (f) (f)Fire Hydrants (g) (g) (g)Electric and Telephone X X XCentral Sewer and Water (h) (h) h
"X" Indicates that the improvement is required.
Footnotes for table
(a) Medium and/or High density includes developments having a density of more than three(3) units per acre.
(b) Low density includes developments having a density of between one (1) and three (3) unitsper acre.
(c) Very Low Density includes developments having a density of no more than one (1) unit peracre or recreational development considered to have an equivalent very low density by theBorough Council.
(d) Sod, stone, or concrete swales and/or concrete or asphalt rolled curbs and gutters or valleygutters shall be provided in accordance with sound design and maintenance standards whererequired to adequately control stormwater. Responsibility for maintenance of such facilitiesshall be clearly identified on the plan.
39
----- ._.- .~~~~~
\
(e) Sidewalks will not normally be required except where needed to facilitate traffic to school,shopping, park 01' other uses that generate pedestrian traffic as determined by the BoroughCouncil.
(f) Street lighting may be required to the extent necessary to promote safety for residents andvisitors, whenever a subdivision creates seven (7) or more lots or their equivalent.
(g) Fire hydrants are required wherever a central water system is installed.
(h) Central water and sewer facilities and capped sewers shall be required in accordance withCounty and Borough sewer and water plans and also with PA DEP requirements. Alternate orexperimental water or sewage systems may be permitted if approved by PA DEP.
6.300 REQUIRED IMPROVEMENTS DET~ILS.
All required improvements shall be constructed in accordance with the requirements of thisOrdinance. The design of all required improvements shall be reviewed by the BoroughEngineer, and said review shall include a determination that all improvements hav.e beendesigned in accordance with the Design Standards set forth in Part 4 and with other applicablerequirements and shall be consistent with sound engineering and construction practices.
6.400 FLOOD PRONE AREA REQUIREMENTS.
All development proposed shall comply with the Borough Floodplain Ordinance, Chapter 27,Part 13 of the Code of Ordinances of the Borough of Lewistown.
PART 7
PLAN REQUIREMENTS
7.100 SKETCH PLAN.
Sketch Plans shall be legibly drawn at a scale of 1" to 1001 or 2001 and shall contain sufficientinformation to indicate the nature, scope and concept of the proposed subdivision and landdevelopment, the major problems to be resolved, the location of the subdivision tract,preliminary or U.S.G.S. topography if available, the name of the land Owner and other dataconsidered essential by the Applicant in presenting his/her proposal.
7.200 PRELIMINARY PLAN.
7.201 SCALE.
Preliminary Plan shall be at a scale of not more than one hundred (100) feet per inch.
7.202 PLAN INFORMATION.
A. The Preliminary Plan shall show or be accompanied by the following information:
1. Proposed subdivision name or identifying title.
2. North point, scale and date.
3. Name of the owner of the property and of the Applicant if different from theowner.
4. Name of the registered Engineer, Surveyor, Architect, or Planner responsible forthe Plan.
5. Tract boundaries with bearings and distances and total number of acres beingsubdivided.
40
6. Topographical contours at vertical intervals of not more than five (5) feet shall beprovided on the plan. In areas of steep slopes that are affected by development orearth moving, floodplain areas, construction areas, stormwater detention andretention facilities and conveyance swales, and in other sensitive areas where amore detailed topographical understanding is required, the Borough Council mayrequire contours at a smaller interval.
7. Where reasonably practicable, data shall refer to known established elevations.Where required, all contours and elevation points within the subdivision tractshall be established and run direct from U.S. Coast and Geodetic Bench Markswithin one hali (1/2) mile of tract boundaries with said datum fixed on permanentritonuments in the subdivision. The Preliminary and Final Plans shall contain a fulland complete description of all such benchmarks and their elevations above meansea level. In the event U.S. Coast and Geodetic Bench Marks are not readilyavailable, a beginning benchmark will be established from U.S.G.S. MapQuadrangles and noted on the plan.
8. Soils information as mapped by the U.S. Soil Conservation Service or by anothercompetent qualified soils scientist.
9. All existing water courses, tree masses, rock outcropping, stone fields, caverns orsinkholes, and other significant natural features.
10. All existing buildings, sewers, water mains, culverts, petroleum or petroleumproduct lines, fire hydrants, dumps and hazardous material sites, septic systems,wells, and other man-made features on the property and within fifty (50) feet ofthe perimeter of the lot(s) being subdivided shall be shown on the plan.
11. All existing streets on or adjacent to the tract, including name, right-of-way widthand pavement width.
12. All "wetland" areas shall be identified as defined and regulated by PA DEPandlor the U.S. Army Corps of Engineers.
13. All existing property lines, easements and right-of-way and the purpose for whichthe easements or rights-of-way have been established, including AgriculturalSecurity Areas and legally established Agricultural Conservation Easements.
14. A location map for the purpose of locating the site to be subdivided at a scale notmore than two thousand (2000) feet to the inch showing the relation of the tract toadjoining property and to all streets, roads and municipal boundaries existingwithin one thousand (1000) feet of any part of the property proposed to besubdivided. .
Also, when applicable, a map showing the location of the proposed subdivisionandlor land development, with respect to any involved floodplains, includinginformation on, but not limited to, the one hundred (100) year flood elevations,boundaries of the designated floodplain, proposed lots and sites, fills, flood, orerosion protective facilities.
15. Location and width of allpf6posed streets, alleys, rights-of-way and easements;proposed lot lines with approximate dimensions; playgrounds, public buildings,public areas and parcels of land proposed to be dedicated or reserved for publicuse; proposed public utilities and drainage facilities shall be required includingpreliminary street profiles showing the proposed finished grade along the centerline and along each right-of-way line.
41
_._------~---------~-~~~-----_ ..~~~~---~-~-----------~-~--~---~---
16. The Preliminary Plan shall show the names of owners of all abutting unplattedland and the names of all abutting subdivisions.
17. Zoning District.
18. Tax Parcel Identification Number.
19. The proposed building setback lines from each lot line, or the proposed placementof each building. If a building lot is proposed, soils information as mapped by theU.S. Soil Conservation Service or by another competent, qualified soils scientist.
20. Location of proposed sidewalks and/ or trails showing width, grades, and ramps .in compliance with applicable ADA accessibility requirements.
21. Where the Preliminary Plan covers only a part of the Applicant's entire holdings, asketch shall be submitted of the potential future street layout for the remainder.
22. Copies of the proposed deed restrictions, if any, shall be attached to thePreliminary Plan.
E. The Preliminary Plan shall include therein or be accompanied by:
1. All required permits and related documentation from the PA DEP and any otherCommonwealth Agency, or from the County or Borough where any alteration orrelocation of a stream or watercourse is proposed.
2. Documentation indicating that all affected adjacent municipalities, PA DEP, theDepartment of Community Affairs, and the Federal Insurance Administrator hasbeen notified whenever any alteration or relocation of a stream or watercourse isproposed.
3. If applicable, a Traffic Impact Study shall be prepared pursuant to Sections 4.215and 4.216.
4. Any other studies or reports required by this Ordinance.
7.300 FINAL PLAN.
7.301 PLAN SIZE AND LEGIBILITY.
A. The subdivision plan submitted for final approval shall be a clear, legible black or blueline print on white paper, or suitable equivalent.
B. Final Plans shall be on sheets not larger than 36 inches by 48 inches overall. !tisrecommended that as far as practicable, Final Plan sheets be held to the follOWingoverall sizes: 18 inches by 24 inches or 24 inches by 36 inches. Where necessary toavoid sheets larger than the maximum size prescribed above, Final Plans shall bedrawn in two or more sections accompanied by a key diagram showing relativelocation of the sections.
7.302 PLAN SCALE AND REQUIRED INFORMATION.
A. The Final Plan shall be legible and at a scale of not more than one hundred (100) feetper inch and shall include the following information:
1. Subdivisionname or identifying title, as well as a brief narrative describing theproposed project.
2. North point, scale, and date, as well as a site location map of sufficient size andscale to clearly show the location of the property and its relation to thesurrounding area.
42
3.'-)
4.
5.
6.
7.
14.
15.
16.
17.
18.
19.
20.
I~ 21.! \
22.
Name of the record owner and Applicant.
Name and seal of the registered professional engineer and/or other qualifiedprofessional responsible for the plan.
Boundaries of the tract, including total acreage of the entire existing tract.
Street lines, lot lines, rights-of-way, easements, and areas dedicated or proposed tobe dedicated to public use.
Sufficient data to determine readily the location, bearing and length of everystreet, lot, and boundary line and to reproduce such lines on the ground.However, for minor subdivisions if the residual lot is twenty (20) acres or more,the associated bearing and distances for the boundary of the residual land may bedescribed, at the surveyor discretion, by the existing metes and boundsdescription from the property deed.
8. The length of all straight lines, radii, lengths of curves, tangent bearings, anddeflection angles for each street.
9. All dimensions and angles or bearings of the lines of each lot and of each areaproposed to be dedicated to public use.
10. The proposed building setback lines from each lot line, or the proposed placementof each building. If a building lot is proposed, soils information as mapped by theU.S. Soil Conservation Service or by another competent, qualified soils scientist. (
11. Location, size and invert elevation of all sanitary and storm sewers and location ofall manholes, inlets and culverts and reference locations for all undergroundutilities.
12. All dimensions shall be shown in feet and hundredths ofa foot.
13. Lot numbers, and any official Parcel Information Number(s) (PIN) established bythe County. Deed book and page number and tax parcel identification number oftract to be subdivided or developed shall also be provided.
Names of streets within and adjacent to the subdivision.
Location of permanent reference monuments shall be shown.
Names of any adjoining subdivisions shall be shown.
Names of the owners of any adjacent land shall be shown, as well as deed bookand page numbers and tax parcel identification numbers.
A letter of intent from the Borough indicating willingness or conditions foracceptance of dedication of streets and other public property.
Certificate for review with signatures by the Chairman (or his/her designatedrepresentative) of.the Mifflin County Planning Commission
Space for acknowledgement of receipt of the Plan by the Mifflin County Recorderof Deeds when it is presented for recording.
Certificate of review by the Borough of Lewistown Planning Commission withsignatures by the Chairman and Secretary (or their designated representatives).
Certificate for approval by the Borough Council with signatures by the Presidentof Borough Councilor in his/her absence or disability the Vice President of
43
Borough Council and Secretary and in his/her absence or disability the AssistantSecretary (01' their designated representatives).
23. All existing buildings, sewers, water mains, culverts, petroleum or petroleumproduct lines, fire hydrants, dumps and hazardous material sites, septic systems,wells, and other man-made features on the property and within fifty (50) feet ofthe perimeter of the lot(s) being subdivided shall be shown on the plan.
24. For a lot addition subdivision a "lot combination symbol" shall be provided on theplan clearly indicating the conveyance of land from the grantor to the grantee. Thesymbol used shall represent a "Z".
25. For a lot addition subdivision the following note shall be placed on the plan: Lot #() consisting of () acres is to be added onto land owned by (). Lot # () is a lotaddition and shall become an integral part of the property owned by (). Lot # () isnot a building lot and cannot be maintained or developed as a separate individuallot.
26. Topographical contours at vertical intervals of not more than twenty (20) feet shallbe provided on the plan. In areas of steep slopes that are affected by developmentor earth moving, floodplain areas, construction areas, stormwater detention andretention facilities and conveyance swales, and in other sensitive areas where amore detailed topographical understanding is required, the Borough Council mayrequire contours at an interval of five (5) feet or less.
27. An inset map where a lot addition is involved, or where the proposed subdivisionis not directly connected to a public road system. (See Section 3.502.)
28. All wetland areas shall be identified as regulated by PA DEP and/or the U.S.Army Corps of Engineers.
29. All existing water courses, tree masses, rock outcroppings, stone fields, caverns,sinkholes, floodplains, and other natural features. This information shall berequired only for the land to be developed and not the undeveloped residualproperty when it exceeds twenty (20) acres. Minor subdivisions are exempt fromthis provision with the exception of the identification of floodplain information.
30. Location of proposed sidewalks and/or trails showing width, grades, and rampsin compliance with applicable ADA accessibility requirements.
31. Location of proposed streetlights, street name signs, and traffic control devicesand/ or signs and pavement markings.
32. Lighting plan in accordance with Section 4.217 of this ordinance indicating types,sizes, quantities, and locations of light fixtures.
33. A landscape plan, if applica?le, in accordance with Section 4.214.G of thisordinance including the names, sizes, quantities, and approximate locations of allproposed plant materials, if required.
34. For lots requiring access onto a state route or highway, a copy of a PennDOTHighway Occupancy Permit (HOP) shall be required, or at a minimum,verification that an HOP application has been submitted to PennDOT. For lotsrequiring access onto a Borough or borough street, the appropriate Boroughdriveway permit shall be submitted, if applicable.
35. Zoning District.
44
7.
8.
,~ 9.( ,'----
10.
36. A waiver request with supporting rationale for any modification from provisionswithin this ordinance.
37. Whether or not preceded by a Preliminary Plan, a Final Plan shall include allinformation required by Section 7.202.
B. The Final Plan shall include thereon or be accompanied by:
1. An affidavit that all owners of the land proposed to be subdivided agree tothe submission of the Plan.
2. A statement duly acknowledged before an officer authorized to takeacknowledgement of deeds and signed by the owner or owners of theproperty, to the effect that the subdivision or land development as shown onthe Final Plan, is made with free consent and that it is desired to record thesame. In the case of a lot addition subdivision, the property owner(s)receiving the lot addition shall also sign the Final Plan acknowledging thereceipt of the additional land and that it is desired to record the same.
3. Certification approval from the PA DEP when individual or community onlot sewage disposal or water systems are to be installed as required by Section4.211 of this Ordinance.
4. Certification that the Borough Engineer has reviewed the plan for compliancewith this Ordinance.
Such certification shall also include a listing of any incidences of non- ,compliance, specifically identifying the section(s) of this Ordinance that havenot been complied with.
5. Construction plans for all required improvements including typical crosssections, street profiles and drainage details for all streets. Such profiles shallshow at least the following: existing (natural) grade along the proposed streetcenterline; existing (natural) grade along each side of the proposed streetright-of-way; proposed finished grade at top of curbs; sanitary sewer mainsand manholes; storm sewer mains, inlets, manholes and culverts. All suchplans shall include public improvements list and shall be in a forin suitable toserve as a basis for documenting all improvements to be installed.
6. A contour grading plan may be required if deemed necessary by the BoroughCouncil or Borough Engineer to properly establish grading and drainagepatterns. Where buildings are proposed to be developed by the Applicant,such a plan may be.required to indicate building ground and basement floorelevations.
Copies of private deed restrictions, covenants and grants of easements,homeowner association agreements, or other restrictions.
Any other special plans required in accordance with Sections 4.203, 4.211,4.212, 4~213, 4.217 and other sections of this Ordinance.
A Development Agreement and Financial Security as required herein and inPart 8.
li applicable, a Traffic Impact Study shall be prepared pursuantto Sections4.215 and 4.216.
45
11. Any other reports or studies required by this Ordinance. This may includeadditional information deemed by the Borough Council as necessary toprotect public health, safety, and welfare as· provided in Section 4.203,Environmental Protection Standards, of this ordinance.
PART 8
INSTALLATION OF REQUIRED IMPROVEMENTS
8.100 IMPROVEMENTS TO BE PROVIDED BY LAND DEVELOPER/SUBDIVIDER.
In all cases, the Applicant shall be resp~nsibleto pay for the cost of installation of all requiredimprovements under supervision of the Borough and in the manner specified by the BoroughCouncil and/ or in accordance with Sections 509 and 510 of the Pennsylvania MPC, as amendedand supplemented from time to time.
8.200 METHOD OF PROVIDING IMPROVEMENTS.
No Final Plan shall be approved by the Borough Council until a provision has been made bythe Applicant for the proper installation of required improvements in either of the followingways, in accordance with the requirements of the Pennsylvania MPC.
A. Construction of Improvements -The Applicant may elect to physically install, priorto. Final Plan approval, all of the required improvements in accordance with thestandards and specifications contained in this Part and with the Final Plan submittedto the Borough Council provided that such Final Plan has been conditionallyapproved by the Borough Council subject to the construction of improvements asrequired herein and subject to the execution of a Development Agreement set forthin Section 8.400.
During construction of all improvements, the Borough Engineer and Borough staffshall be authorized by the Borough Council to inspect said improvements and shallcertify if all improvements have been installed in accordance with this Ordinance.Upon receipt of such a certification, the Borough Council may then proceed toapproval of the Final Plan.
B. Financial Security - In lieu of Section 8.200.A above, the Applicant shall deposit, withthe Borough in which the subdivision or land development is located, sufficientfinancial security to secure to the public the completion of all of the requiredimprovements within one (1) year of the proposed completion date that is set forthin the Subdivision Plan and in the Development Agreement referred to below inaccordance with the requirements of the Pennsylvania MPC.
Said Financial Security shall be provided by posting a bond with a bonding companyor with a Federal or Commonwealth chartered lending institution. The amount ofsaid Financial Security shall be equal to one hundred ten percent (110%) of the cost ofcompletion of the required improvements estimated as of ninety (90) days followingthe date scheduled for completion by the Applicant.
Said estimate shall be prepared and may be revised annually as set forth in thePennsylvania MPC. Said amount of security may be increased by ~e Borough Councilby an additional ten percent (10%) for each one (1) year period beyond the firstanniversary date for the initial posting of the Financial Security.
The provision of such financial security may be made available by the Applicant inaccordance with any staging plans approved by the Borough Council.
46
Notwithstanding the submission of said Financial Security as required herein, nooccupied structure within the proposed subdivision or land development shall bewithout suitable street access improved with at least the required base, curbs, gutters, .and utilities for a period of time longer than six (6) months.
8.300 FINANCIAL SECURITY FOR MAINTENANCE.
Where the Borough accepts dedication of any required improvements, the Borough mayrequire the posting of Financial Security to secure the structural integrity aI].d functioning ofsaid improvements in accordance with the design and specifications approved. in the FinalPlan for a term not to exceed eighteen (18) months from the date of acceptance of dedication.
Financial Security for maintenance shall be posted as required by Section 8.200.B in the amountof up to fifteen percent (15 %) of the actual cost of the installation of said improvements, asrequired by the Borough accepting dedication of the required improvement. Financial Securityfor maintenance of improvements installed under the jurisdiction and rules of a public utility ora municipal authority shall be posted in accordance with the requirements of said public utilityor municipal authority or other appropriate agency and shall not be included in the FinancialSecurity posted with the Borough.
8.400 DEVELOPMENT AGREEMENT.
All Applicants proposing any subdivision or land developmerit requiring the installation ofimprovements as required herein shall be required to enter into a legally binding
(\ Development Agreement with the Borough guaranteeing the installation of said\~ . improvements in accordance with this Ordinance. The Development Agreement shall be in
form suitable for execution by the Borough and it shall consist of the following whereapplicable:
A. The construction authorized by the approved Final Plan, or in the case whereSection 8.200 A. applies, in accordance with the conditionally approved Final Plan.
B. Construction of streets with any other required improvements.
c. . Installation of utility lines.
D. Installation of street lighting poles and undergrpund street lighting cable.
E. Dedication of streets, transfer of water and sewer lines and easements to the Borough.
F. Prevention of erosion and water damage to adjacent property.
G. Applicant1s responsibilities for damage to other property.
H. The responsibility for providing necessary inspections to ensure compliance withthis Ordinance shall be clearly identified.
(,LAwork schedule, including beginning and ending dates, for improvementsI i contained herein.
J. All planning, engineering, inspection, legal service and other professional consultantcosts incurred or to be incurred by the Borough including cost of preparing theDevelopment Agreement shall be identified and that amount agreed upon for
47
()
payment by the Applicant on a regular basis.
K. Posting of the required Financial Security to insure completion of all of therequired improvements in accordance with Section 8.200.B.
1. Where the Borough accepts dedication of any required improvement, posting of theFinancial Security may be required by the Borough Council to secure the structuralintegrity and the functioning of said improvement in accordance with Section 8.300.
M. The Developer/Applicant shall provide the Borough with two (2) sets ofreproducible liAS BUILT" plans, including all improvements that are properlyreferenced to identify specific locations.
N. Provisions for violation of the Development Agreement. .
o. The Applicant shall secure or maintain public liability insurance.
P. A save harmless clause.
Q. Liability of Applicant during warranty period.
R. Other requirements to assure compliance with this·Ordinance.
No improvements shall be commenced or work begun prior to the execution of theDevelopment Agreement, and the delivery of the required Financial Security in compliancewith Section 8.200 B., if applicable.
8.500 RELEASE FROM FINANCIAL SECURITY FOR COMPLETION OF IMPROVEMENTS.
The Financial Security provided by the Applicant for the completion of all improvements shallbe released as follows:
A. When the Applicant has completed all of the necessary and approved.improvements, he shall so notify the Borough in writing and send a copy to theBorough Engineer.
B. Within ten (10) days of receipt of such notice, the Borough shall direct andauthorize the Boroug~ Engineer to inspect all of the improvements.
C. The Borough Engineer shall then file a written report with the Borough and shallmail a copy to the Applicant within thirty (30) days after his/her receipt ofauthorization to inspect all improvements. Said reports shall be detailed and shallindicate approval or rejection of said improvements, either in whole or in part, witha statement of reasons for any non-approval or rejection.
D. The Borough shall notify the Applicant in writing of its action in relation to theimprovements provided. .
E. If the Borough Council or the Borough Engineer fail to comply with the abovetime limits, all inlprovements will be deemed to have been approved and theApplicant shall be released from all liability pursuant to its Financial Security.
48
F. Any improvements not approved or rejected by the Borough shall be expeditiouslycompleted by the Applicant and upon completion, the same notification procedure asabove shall be followed.
G. If any required improvement has not been installed as required by this Ordinance, bythe approved Final Plan or by the executed Development Agreement, then theBorough shall enforce the Financial Security posted by appropriate legal and equitableremedies. If the proceeds of such Financial Security are insufficient to pay the cost ofinstalling or making repairs or corrections to the required improvements, the Boroughmay, at its option, install part of such improvements and may institute appropriatelegal or equitable action to recover the monies necessary to complete the remainder.
8.600 RELEASE FROM FINANCIAL SECURITY FOR MAINTENANCE.
The Financial Security for maintenance to secure structural integrity of said improvementsas well as the functioning of said improvements in accordance with the design andspecifications as depicted in the final plat shall remain in effect for a term of eighteen (18)months after acceptance of dedication by the Borough or other appropriate agency. Saidrelease shall be affected utilizing the following procedures:
A. If at the end of eighteen (18) months subsequent to the acceptance of the dedicationby the Borough or other appropriate agency, there has been no claim in relation tothe Financial Security and/ or if all claims have been resolved and repairs andcorrections made, Applicant shall so notify the Borough in writing and request therelease thereof.
B. Within ten (10) days of receipt of such notice, the Borough shall direct and authorizethe Borough Engineer to inspect all of the improvements.
C. The Borough Engineer shall then file a written report with the Borough and shallmail a copy to the Applicant within twenty (20) days after his/her receipt of .authorization to inspect all improvements. Said report shall be detailed and shallindicate the condition of the improvements.
D. Upon receipt of the written report, the Borough shall notify the Applicant of anyaction or requests in relation to the improvements secured as to structural integrityas well as the functioning of said improvements or, as applicable, shall release theApplicant from all liability pursuant to its Financial Security. .
E. If the Borough Council or the Borough Engineer fail to comply with the above timelimits, all improvements will be deemed to have been approved as to structuralintegrity as well as the functioning of said improvements in accordance with thedesign and specifications as depicted in the final plat during the eighteen (18) monthterm from date of acceptance of the dedication and the Applicant shall be releasedfrom all liability pursuant to its Financial Security.
F. Any improvements not approved as to structural integrity as well as the functioning ofsaid improvements in accordance with the design and specifications as depicted in the
49
final plat during the eighteen (18) month term by the Borough shall be expeditiouslyrepaired or corrections made by the Applicant.
G. If any repair has not been completed or corrections made and if adequateprovision and security to assure the repair thereof or corrections thereto has notbeen made by Applicant, the Borough shall enforce the Financial Security posted byappropriate legal and equitable remedies. If the proceeds of such Financial Securityare insufficient to pay the cost of making repairs or corrections to the improvements,the Borough may, at its option, make such repairs and corrections and may instituteappropriate legal or equitable action to recover the monies necessary to complete therepairs and corrections.
8.700 EXEMPTION FOR MINOR SUBDNISIONS.
The provisions of this Part 8 may be waived by the Borough Council only for the followingtypes of subdivisions if the Borough Council determines and makes a finding in writingwith the appropriate reasons set forth, that conformance to said Sections are not required toensure the proper completion of the subdivision in accordance with the intent andobjectives of this Ordinance.
A. Minor subdivisions and/or land developments not involving the provisions ofany new streets, easements for access or other public improvements.
B. Subdivision to be served bya private street as permitted herein, which is not stj.bject .to future extension and where such private street serves no more than six (6) dwellingunits. The above exemption shall not apply if it includes only the partial or stageddevelopment of a tract, where the size, number of lots or provision of new streets forthe entire development exceeds the limits set forth above. .
8.800 COOPERATION AGREEMENT WITH BOROUGH.
The Borough may enter into a Cooperation Agreement clearly setting forth the responsibilitiesof each party with respect to the installation of required improvements in the Borough. SaidCooperation Agreement, if it differs from the procedures set forth in this Part 8 shall prevailand supersede any of the applicable specific requirements contained herein.
8.900 IMPROVEMENTS NOT DEDICATED OR NOT ACCEPTED FOR DEDICATION.All improvements constructed as required by this Ordinance that will not be publicly dedicated or accepted for dedication shall also meet the following requirements:
8.901 OWNERSHIP AND MAINTENANCE RESPONSIBILITY(ENTITY. A viable entityresponsible for ownership and maintenance of all non-dedicated improvements shall beestablished by the Developer and approved by the Borough Council and the Borough.Ownership and mamtenance responsibilities may be assigned to either the developer or amongthe property owners or an association of.property owners within the subdivision or landdevelopment.
8.902 IMPROVEMENTS BENEFITING MULTIPLE LOTS. For all non-dedicated improvements( -,) that will not be owned and maintained by the developer and are situated on an individual lot or''-- / a series of contiguous lots but serve multiple lots, units or the entire subdivision or land
development (Le. stormwater management ponds) the responsibility for ownership andmaintenance of such improvements shall be borne by all lot owners benefiting or served andnot solely the lot owner on whose lot said improvements are situated.
50
J/
8.903 OWNERSHIP AND MAINTENANCE AGREEMENT. A private agreement suitable forrecording in the Mifflin County Recorder of Deeds Office shall be prepared, properlyexecuted, and recorded with the final subdivision or land development plan and shall runwith the land and shall clearly identify the individual or entity responsible for the ownershipand maintenance of non-dedicated improvements. Said agreement shall be reviewed andapproved by the Borough Council and Borough Solicitor and, at a minimum, shall stipulatethe following:
A. That the owners, an association of property owners, their successors andassigns shall keep all improvements in a safe and attractive manner and theowner shall convey to the Borough easements and/ or rights-of-way to assureaccess for periodic inspections by the Borough and maintenance, if required.
B. That if the owners, association of property owners, their successors andassigns, fail to maintain the improvements following due notice by the Boroughto correct the problems, the Borough may perform the necessary work orcorrective action. The owners or association of property owners shall reimbursethe Borough for these services.
C. In the event the Borough performs work of any nature, or expends any funds inperformance of said work for labor, use of equipment, supplies, materials, andthe like on account of the failure to perform such work, the owners, associationof property owners, their successors and assigns shall reimburse the Boroughupon demand within thirty (30) days of receipt of invoice thereof, for all costsincurred by the Borough. If not paid within said thirty (30) day period, theBorough may file a Municipal Claim and enter a Municipal Lien against theproperty per the law in relation to Municipal Claims, 53 P.S. § 7101 et seq., asamended, and as.amended from time to time, in the amount of such costs, ormay proceed to recover its costs through proceedings in equity or at law asauthorized under the provisions of The Borough Code, 53 P.S. § 45101 et seq.,as amended, and as it may be amended from time to time, and/or otherwiseper law.
8.904 DEED REFERENCE. All deeds created for lots that contain non-dedicated improvementsshall make clear and specific reference as to the following: .
A. Description of all improvements not dedicated;
B. The individual(s) or entity responsible for ownership and maintenance of saidimprovements in accordance with Sections 8.901, 8.902, and 8.903 of thisOrdinance;
C. . The Ownership and Maintenance Agreement as required by Section 8.903 ofthis Ordinance;
D. Terms and conditions of the required maintenance;
E. That no improvements shall be eliminated or altered without the writtenapproval of the Borough;
F. Th~t in the event improvements are altered, eliminated, or improperly maintainedthe Borough may prescribe necessary corrective measures and a reasonable time .period to perform such work and that if such action is not taken in the time period .
51
specified the Borough may cause the work to be performed and invoice theownership and maintenance entity. If not paid within said period, the Borough mayfile a Municipal Claim and enter a Municipal Lien against the property per the law in .relation to Municipal Claims, 53 P.S. § 7101 et seq., as amended, and as amendedfrom time to time, in the amount of such costs, or may proceed to recover its coststhrough proceedings in equity or at law as authorized under the provisions of TheBorough Code, 53 P.S. § 45101 et seq., as amended, and as it may be amended fromtime to time, and/ or otherwise per law; and
G. That all improvements not offered for dedication may be offered in the future if saidimprovements meet the minimum standards of this and/ or applicable Boroughordinances in effect at the time the offer of dedication is made. If the improvements donot conform to the minimum standards in effect the Borough shall have no obligationto accept said improvements until such time the improvements are improved to meet'said standards, all costs of which shall be borne by the owner, association of propertyowners, their successors and assigns.
PART 9ADMINISTRATION AND ENFORCEMENT
9.100 ADMINISTRATNE ACTION.
9.101 SUBDIVISION OFFICER. The Subdivision Officer shall be the designated officer of theBorough Council who shall act as the officer responsible for administration of this Ordinance.The Subdivision Officer shall receive and examine all subdivisions and land developments inthe name of the Borough Council and shall refer copies of all such plans and applications to theBorough of Lewistown Planning Commission and all other appropriate agencies or officialsinvolved. The Borough CoUncil may utilize the assistance of the Borough Engineer or other 'agency designated by the Borough Council to assist the Subdivision Officer.
\
The Subdivision Officer shall also receive information from such agencies or officials and shalltransmit these comments to the Borough Council. The Subdivision Officer shall keep records ofall applications and planS and of actions taken by the Borough Council on such applications andplans. The Borough Engineer, at the request of the Subdivision Officer or the Borough Council,shall make alI required inspections called for in this Ordinance. The Subdivision Officer shallalso inform the Applicant and the Borough Council of any violations of this Ordinance thatshall become known to him or her.
The Borough Council shall designate the specific person to serve as the Subdivision Officer.Said Subdivision Officer may be any person qualified to carry out the duties set forth herein, asdetermined by the Borough Council.
9.102 BOROUGH COUNCIL. The Borough Council, with the assistance of the SubdivisionOfficer, the Planning Commission, and any other agency or professional designated by theBorough Council, shall review all plans to determme conformity with this Ordinance and shall
hold necessary public hearings and shall approve, approve with conditions, or disapprove allplans submitted and shall grant any necessary modifications, variances, or waivers and shallperform all other duties required under this Ordinance.
52
After approval of any Final Plan, the Subdivision Officer shall be directed to take anynecessary action including coordination with the Applicant relative to the making ofarrangements for acceptance of dedication of any public right-of-way area shown on theplan and also relative to the execution of the Development Agreement with the Applicant.
9.103 ENDORSEMENT OF RECORD PLAN. Upon approval of any Final Plan by the BoroughCouncil, and upon compliance with all required conditions, the President of Borough Councilor in his/her absence or disability the Vice President of Borough Council and Secretary ofBorough Councilor in his/her absence or disability the Assistant Secretary of Borough Councilshall endorse the required number of copies of the Final Record Plan, as of the date ofcompliance with all conditions, as required in Section 3.302.L.
9.104 SUBDIVISION RECORDS. The Subdivision Officer shall keep a record of the findings,decisions and recommendations relative to all subdivision plans and applications filed forapproval. Such records shall be open to the public for review.
9.200 WAIVERS, APPEALS, AND AMENDMENTS.
A. The Borough Council, may grant a waiver of the requirements of one (1) or moreprovisions of this Ordinance if the literal enforcement will exact undue hardshipbecause of peculiar conditions pertaining to th.e land in question, provided that suchwaiver will not be contrary to the public interest and that the purpose and intent of theOrdinance is observed.
(~---\ B. All requests for a waiver shall be in writing and shall accompany and be a part of the,,_j application for development. The request shall state in full the grounds and facts of
Unreasonableness or hardship on which the request is based, the provision orprovisions of the ordinance involved and the minimum waiver necessary.
C. The Subdivision Officer shall keep a written record of all action on all requests forwaivers.
9.201 RECONSIDERATION AND APPEALS TO BOROUGH COUNCIL. Any Applicantaggrieved by a finding, decision or reconunendation of any official may request and receiveopportunity to appear before the·Borough Council, present additional relevant information, andrequest reconsideration and/or appeal of the original finding, decision, or recommendation.
9.202 PROCEDURE FOR APPLYING. Applications for waivers, variances and appeals to theBorough Council shall be submitted in writing. The Application shall state fully the groundsand all the facts relied upon by the Applicant. The Borough Council shall act upon suchapplication within a period of forty-five (45) days.
9.203 APPEALS TO COURT. The decisions of the Borough Council with respect to the approvalor disapproval of plans may be appealed directly to court as provided for in the PennsylvaniaMPC, as· it may be amended and supplemented.
/
9.204 REVISION AND AMENDMENT. The Borough Council may, from time to time, amendthis Ordinance by appropriate action taken after a public hearing on said proposed revisionsand in accordance with the provisions for amendments of a Subdivision and Land DevelopmentOrdinance as set forth in the Pennsylvania MPC, as amended and supplemented from time toTime, and in accordance with the Borough Code.
53
9.300 PREVENTATIVE REMEDIES.
A. In addition to other remedies, the Borough Council may institute and maintainappropriate actions by law or in equity to restrain, correct or abate violations, toprevent unlawful construction, to recover damages, and to prevent illegal occupancyof a building, structure, or premises. The description by metes and bounds in theinstrument of transfer or other documents used in the process of selling or transferringshall not exempt the seller or transferor from such penalties or from the remediesherein provided.
B. The Borough may refuse to issue any permit or grant any approval necessary to furtherimprove or develop any real property that has been developed or that has resultedfrom a subdivision of real property in violation of any ordinance adopted pursuant tothis Part. This authority to deny such a permit or approval shall apply to any of thefollowing Applicants:
1. The owner of record at the time of such violation.
2. The vendee or lessee of the owner of record at the time of such violation withoutregard as to whether such vendee or lessee had actual or. constructive knowledgeof the violation.
3. The current owner of record who acquired the property subsequent to the time ofviolation without regard as to whether such current owner had actual orconstructive knowledge of the violation.
4. The vendee or lessee of the current owner of record who acquired the propertysubsequent to the time of violation without regard as to whether such vendee orlessee had actual or constructive knowledge of violation.
5. As an additional condition for issuance of a permit or the granting of an approvalto any such owner, current owner, vendee or lessee for the development of anysuch real property, the Borough Council may require compliance with theconditions that would have been applicable to the property at the time theApplicant acquired an interest in such real property.
9.400 ENFORCEMENT REMEDIES.
A. Any person, partnership, or corporation who or that has violated the provisions of thisOrdinance shall, upon being found liable therefore in a civil enforcement proceedingcommenced by the Borough, pay a judgment of not more than Five Hundred Dollars($500) plus all court costs, including reasonable attorney fees incurred by the Boroughas a result thereof. No judgment shall commence or be imposed, levied or payable untilthe date of the determination of a violation by the Magisterial District Judge. If thedefendant neither pays nor timely appeals the judgment, the Borough may enforce thejudgment pursuant to the applicable rules of civil procedure. Each day that a violationcontinues shall constitute a separate violation, unless the Magisterial District Judgedetermining that there has been a violation further determines that there was a goodfaith basis for the person, partnership or corporation violating the Ordinance to havebelieved that there was no such violation, in which event there shall be deemed to havebeen only one such violation until the fifth (5th) day following the date of thedetermination of a violation by the Magisterial District Judge and thereafter each daythat aviolation continues shall constitute a separate violation. .
54
B. The Court of Common Pleas, upon petition, may grant an order of stay, upon causeshown, tolling the per diem judgment pending a final adjudication of the violation andjudgment.
C. Nothing contained in this Section shall be construed or interpreted to grant to anyperson or entity other than the Borough the right to commence any action forenforcement pursuant to this section.
9.500 CONFLICT AND VALIDITY.
9.501 VALIDITY. If any section, clause, provision or portion of this Ordinance shall be held tobe invalid or unconstitutional by any court of competent jurisdiction, such decision shall notaffect any other section, clause, provision or portion of this Ordinance.
9.502 HOLD HARMLESS CLAUSE. Any approval granted by the Borough Council under thisOrdinance does not relieve the Applicant of the legal responsibility for meeting all other legalrequirements under local, Commonwealth and Federal law, and said Applicant shall beresponsible for providing a safe, environmentally sound, and properly constructedsubdivision and/ or land development that does not adversely affect the public health, safety orwelfare. All aggrieved persons, firms, or corporations may take appropriate legal remediesagainst the Applicant in the event of any failure on the part of the Applicant. Borough ofLewistown, The Borough Council, the Borough of Lewistown Planning Commission, allemployees or consultants of the Borough or the Borough Council, are hereby held harmless inthe event of any failure on the part of the Applicant.
(--') 9.503 INTERPRETATION. The provisions of this Ordinance shall be held to be minimum'--_./
requirements to meet the purposes of this Ordinance. When provisions of this Ordinanceimpose greater restrictions than those of any statute, other ordinance, or regulations, theprovisions of this Ordinance shall prevail. When provisions of any statute, other ordinance, orregulation impose greater restrictions than those of this Ordinance, the provisions of suchstatue, ordinance or regulation shall prevail.
9.504 EFFECTIVE DATE. This Ordinance shall take effect immediately upon publication andadoption according to law.
PART 10
STORM WATER MANAGEMENT
ARTICLE I· GENERAL PROVISIONS
)
Section 10.101. Statement of Findings
The governing body of the Borough of Lewistown, Mifflin County, Pennsylvania (hereinafterreferred to as the "Municipality") finds that: .
A. Inadequate management of accelerated storm water runoff resulting from developmentthroughout a watershed increases flood flows and velocities, contributes to erosion andsedimentation, overtaxes the carrying capacity of existing streams and storm sewers,greatly increases the cost of public facilities to convey and manage storm water,undermines floodplain management and flood reduction efforts in upstream and
55
downstream communities, reduces groundwater recharge, and threatens public healthand safety.
B. A comprehensive program of storm water management, including reasonable regulationof development and activities causing accelerated erosion, is fundamental to the publichealth, safety, welfare, and the protection of the people of the Municipality and all thepeople of the Commonwealth, their resources, and the environment.
Section 10.102. Purpose
The purpose of this Ordinance is to promote health, safety, and welfare within the Borough byminimizing the damages described in Section 10.101.A of this Ordinance through provisionsdesigned to:
A. Manage accelerated runoff and erosion and sedimentation problems at their source byregulating activities that cause these problems.
B. Utilize and preserve the existing natural drainage systems.
C. Encourage recharge of groundwater where appropriate and prevent degradation ofgroundwater quality.
D. Maintain existing flows and quality of streams and watercourses in the municipality andthe Commonwealth.
E. Preserve and restore the flood-carrying capacity of streams.
F. Provide proper maintenance of all permanent storm water managementfacilities that areconstructed in the Municipality.
G. Provide performance standards and design criteria for watershed-wide storm watermanagement and planning.
Section 10.103. Statutory Authority
The Municipality is empowered to regulate land use activities that affect runoff by the authorityof the Act of October 4, 1978, P.L. 864 (Act 167), (32 P.S. § 680.1 et seq., as amended), the "StormWater Management Act", "The Borough Code", Act of February 1, 1966, P.L. (1965), No. 581,§101 et seq., as amended (53 P.S. §45101 et seq., as amended), and the "PermsylvaniaMunicipalities Planning Code", Act of July 31, 1968, P.L. 805, art. I, §101, as amended andreenacted (53 P.S. §10101 et seq., as amended and reenacted).
Section 10.104. Applicability
This Ordinance shall apply to all areas within the Municipality. Areas within the Municipalitybut not within the Kishacoquillas Creek Watershed, as delineated in Appendix D which ishereby adopted as part of this Ordinance, shall be considered as being within the 100 percentRelease Rate District.
This Ordinance is intended to control storm water related quantity and quality during and afterconstruction as part of any of the Regulated Activities listed in this Section. Storm watermanagement and erosion and sedimentation control during construction activities shall beregulated by both this Ordinance and under existing laws and ordinances related to erosion andsediment control.
This Ordinance contains only the storm water management performance standards and ¢l.esigncriteria that are necessary or desirable from a watershed-wide perspective. Local storm watermanagement design criteria (e.g. inlet spacing, inlet type, collection system design and details,
56
outlet structure design, etc.) shall continue to be regulated by the applicable MunicipalOrdinances or at the municipal engineer's discretion.
The following activities are defined as "Regulated Activities" and shalli>e regulated by thisOrdinance:
A. Land development.B. Subdivision.C. Construction of new or additional impervious or semi-pervious surfaces (driveways,
parking lots, etc.).D. Construction of new buildings or additions to existing buildings.E. Diversion or piping of any natural or man-made stream channel.F. Installation of storm water management facilities or appurtenances thereto.G. Placement of fill material.
Section 10.105. Exemptions
A. Any Regulated Activity that meets the following criteria shall not be required toimplement the storm water controls prescribed in Sections 10.301, 10.304, and 10.305 ofthis Ordinance. These criteria shall apply to .the total development even if developmentis to take place in phases. The date of the Municipal Ordinance adoption shall be thestarting point from which to consider tracts as "parent tracts" in which futuresubdivisions and respective impervious area computations shall be cumulativelyconsidered. Exemption shall not relieve the applicant from implementing suchmeasures as are necessary to protect health, safety, and property. Developers that seekrelief under this exemption criteria are responsible for any damages to downstreamproperties caused by the failure to install sufficient controls to protect said propertiesfrom an increase in the volume or rate of runoff from the developed property and maybe required to install additional controls at their own expense if damage to downstreamproperty does occur.
Storm Water Management Exemption Criteria
Impervious Area Exemption
• Proposed imperv~ousarea must be less than 20 percent of total parcelarea and less than 5,000 square feet.
"Proposed impervious area" as used in the above exemption criteria is defined as thetotal iIi:lpervious area added to the parcel since the adoption of this ordinance.
B. Any regulated activity that meets the above stated criteria must satisfy water qualityand groundwater recharge criteria. However, they can meet the criteria of Sections10.302 and 10.303 of this Ordinance if it can be shown that all new impervious surfacesare disconnected from direct conveyance into curb/gutter, storm sewer, or open channelsystems and said impervious surfaces are constructed to allow for the filtration, eithernaturally or mechanically, of runoff to address water quality concerns and potentially to
. improve infiltration. Examples include but are not limited to:• controlling runoff through a "sheet flow" system of vegetative or similar buffers
having a minimum flow length equal to or greater than 25 feet, or the averagewidth of impervious area, whichever is greater, and the square footage of thepervious area is equal to or greater than 50 percent of the new impervious area;
57
•\
disconnecting roof downspouts from direct discharge to curb/gutter or stormsewer systems and allowing the downspout discharge to flow over plant, lawnor woodland areas in such a manner as to avoid rill or gully erosion;
• passing concentrated runoff through grease and oil separators before dischargeto storm sewers or open channels;
• using infiltration basins or trenches to promote infiltration and filtration ofrunoff from impervious surfaces;
• u~e of cisterns or French drains to promote infiltration of runoff from imperviousareas; and
• discharge of concentrated runoff to constructed wetlands that are designed tofilter pollutants from the Tunoff.
Other Best Management Practice approaches (bioinfiltration swale, bioretention basin,etc.) can also be used. The Municipal Engineer shall have authority to review, approve,reject, or recommend alternative methods for meeting the requirements of Sections .10.302 and 10.303.
C. No exemption shall be provided for Regulated Activities as defined in Section 10.104.Eand 10.104.F of this Ordinance.
ARTICLE II - DEFINITIONS
Section 10.201- Definitions For the purposes of this chapter, certain terms and words usedherein shall be interpreted as follows:
A. Words used in the present tense include the future tense; the singular number includes theplural, and the plural number includes the singular; words of masculine gender includefeminine gender; and words of feminine gender include masculine gender.
B. The word "includes" or "including" shall not limit the term to the specific example but isintended to extend its meaning to all other instances of like kind and character.
C. The word "person" includes an individual, firm, association, organization, partnership,trust, company, corporation, or any other similar entity.
D. The words "shall" and "must" are mandatory; the words IImay" and "should" arepermissive.
E. The words lIused or occupied" include the words lIintended, designed, maintained, orarranged to be used, occupied or maintained".
Accelerated Erosion - The removal of the surface of the land through the combined action ofmanls activity and the natural processes of a rate greater than would occur because of thenatural process alone.
Accessory Structure - A structure detached from a principal building located on the same lotand customarily incidental and subordinate to the principal building or use.
Agricultural Activities - The work of producing crops and raising livestock including tillage,plowing, disking, harrowing, pasturing and installation of conservation measures.Construction of new buildings or impervious area is not considered an agricultural activity.
58
Alteration - As applied to land, a change in topography as a result of the moving of soil androck from one location or position to another; also the changing of surface conditions by causingthe surface to be more or less impervious; land disturbance.
Applicant - A landowner or developer who has submitted a drainage plan or filed anapplication for approval to engage in any Regulated Activities as defined in Section 10.104 ofthis Ordinance.
As-built Drawings - A set of engineering or site drawings that delineate the specific permittedstorm water management facility as actually constructed.
BMP (Best Management Practice) - Storm water structures, facilities and techniques tomaintain or improve the water quality of surface runoff. Pennsylvania Handbook ofBestManagement Practices for Developing Areas, Spring, 1998.
Buffer - See Stream Buffer.
Channel Erosion - The widening, deepening, and headward cutting of small channels andwaterways, due to erosion caused by moderate to large floods.
Cistern - An underground reservoir or tank for storing rainwater.
Conservation District - The Mifflin County Conservation District.
Culvert - A structure with appurtenant works that carries a stream under or through anembankment or fill.
Dam - An artificial barrier, together with its appurtenant works, constructed for the purpose ofimpounding or storing water or another fluid or semifluid, or a refuse bank, fill or structure forhighway, railroad or other purposes which does or may impound water or another fluid orsemifluid.
Deed Restriction - See Restrictive Covenant.
Design Storm - The magnitude and temporal distribution of precipitation from a storm eventmeasured in probability of occurrence (e.g. a 5-year storm) and duration (e.g. 24-hours), used inthe design and evaluation of storm water management systems.
Designee - The agent of the Mifflin County Planning Commission and/or agent pf themunicipality involved with the administration, review or enforcement of any provisions of thisordinance by contract or memorandum of understanding.
Detention Basin - An impoundment structure designed to manage storm water runoff bytemporarily storing the runoff and releasing it at a predetermined rate.
Detention District - Those subareas in which some type of detention is required to meet theplan requirements and the goals of Act 167.
Developer - A person, partnership, association, corporation, or other entity,or any responsible. person therein or agent thereof, that undertakes any Regulated Activity of this Ordinance.
Development - See Land Development.
Development Site - The specific tract of land for which a Regulated Activity is proposed.
Discharge Easement - The grant of a property right to allow runoff in excess of the previousquantity and!or rate of flow.
Downslope Property Line - That portion of the property line of the lot, tract, or parcels of landbeing developed located such that all overland or pipe flow from the site would be directedtowards it.
59
Drainage Conveyance Facility - A Storm Water Management Facility designed to transmitstorm water runoff and shall include streams, channels, swales, pipes, conduits, culverts, stormsewers, etc.
Drainage Easement - A right granted by a landowner to a grantee, allowing the use of privateland for storm water management purposes.
Drainage Permit - A permit issued by the municipality after the drainage plan has beenapproved. Said permit is issued prior to or with the final Borough approval.
Drainage Plan - The documentation of the storm water management system, if any, to be usedfor a given: development site, the contents of which are established in Section 10.403.
Earth Disturbance - Any activity including, but not limited to, construction, mining, timberharvesting and grubbing which alters, disturbs, and exposes the existing land surface.
Easement - A right-of-way granted for limited use of private land for a public or quasi-publicpurpose (e.g., utility lines, discharge easement, drainage easement), and within which theowner of the property shall not erect any permanent structures.
Ephemeral Streams (also ephemeral flow) - Streams that carry only surface runoff and are dryexcept during precipitation events. The groundwater table is generally located below thebottom of ephemeral streams. .
Erosion - The movement of soil particles by the action of water"wind, ice, or other naturalforces.
Erosion and Sediment Pollution Control Plan - A plan that is designed to minimize acceleratederosion and sedimentation. Said plan must be submitted to and approved by the MifflinCounty Conservation District before construction can proceed.
Existing Conditions - The initial condition of a project site prior to the proposed construction.If the initial condition of the site is undeveloped land, the land use shall be considered as"meadow" on "B" soils unless the natural land cover is proven to generate lower curve numbersor Rational"C' value, such as forested lands.
Flood - A general but temporary condition of partial or complete inundation of normally dryland areas from the overflow of streams, rivers, and other waters of this Commonwealth.
Floodplain - Any land area susceptible to inundation by water from any natural source ordelineated by applicable Department of Housing and Urban Development, Federal InsuranceAdministration Flood Hazard Boundary - Mapped as being a special flood hazard area. Alsoincluded are areas that comprise Group 13 Soils, as listed in Appendix A of the PennsylvaniaDepartment of Environmental Protection (PADEP) Technical Manual for Sewage EnforcementOfficers (as amended or replaced from time to time by PADEP).
Floodw~y - The chcuinel of the watercourse and those portions of the adjoining floodplains thatare reasonably required to carry and discharge the 100-year frequency flood. Unless otherwisespecified, the boundary of the floodway is as indicated on maps and flood insurance studiesprovided by FEMA. In an area where no FEMA maps or studies have defined the boundary ofthe 100-year frequency floodway, it is assumed - absent evidence to the contrary - that thefloodway extends from the stream to 50 feet from the top of the bank of the stream.
.,--- Forest Management/Timber Operations - Planning and activities necessary for themanagement of forest land. These include timber inventory and preparation of forestmanagement plans, silvicultural treatment, cutting budgets, logging road design andconstruction, timber harvesting, site preparation and reforestation.
60
"
Freeboard - A vertical distance between the elevation of the design high water and the top of adam, levee, tank, basin, or diversion ridge. The space is required as a safety margin in a pondor basin.
Grade - A slope, usually of a road, channel 01' natural ground specified in percent and shown onplans as specified herein. (To) Grade - to finish the surface of a roadbed, top of embankment orbottom of excavation.
Grassed Waterway - A natural or constructed waterway, usually broad and shallow, coveredwith erosion-resistant grasses, used to conduct surface water from cropland.
Groundwater Recharge - Replenishment of existing natural underground water supplies.
Impervious Surface - A surface that has been compacted or covered with material to the extentthat it is highly resistant to infiltration by water, including, but not limited to, conventionalimpervious surfaces such as paved streets, roofs, compacted stone, and sidewalks. In addition,the following shall be considered impervious surfaces when used by motor vehicles: graveledareas, paver blocks, bricks, and cobblestone.
Impoundment - A retention or detention basin designed to retain storm water runoff andrelease it at a controlled rate.
Infiltration Structures - A structure designed to direct runoff into the ground (e.g. frenchdrains, seepage pits, seepage trench).
Inlet - A surface connection to a closed drain. A structure at the diversion end of a conduit.The upstream end of any structure through which water may flow.
Intermittent Streams (also intermittent flow) - Streams that flow only during wet seasons.The groundwater table generally is at or above the bottom of intermittent streams during wetseasons, but drops below the stream bottom during dry seasons. Streamflow in intermittentstreams is primarily due to precipitation, but does have some groundwater contribution ditr'ingwet seasons.
Land Development - As now defined or as may be defined in the Pennsylvania MunicipalitiesPlanning Code (MPD), the term Land Development means any of the follOWing activities: (1)the improvement of one lot or two or more contiguous lots, tracts, or parcels of land for anypurpose involving (a) a group of two or more residential or nomesidential buildings, whetherproposed initially or cumulatively, or a single nomesidential building on a lot or lots regardlessof the number of occupants or tenure, or (b) the division or allocation of land or space, whetherinitially or cumulatively, between or am0I1;g two or more existing or prospective occupants bymeans of, or for the purpose of streets, common areas, leaseholds, condominiums, buildinggroups, or other features;. (2) any subdivision of land; (3) development in accordance withSection 503(1.1) of the PA Municipalities Planning Code. '
LandfEarth Disturbance - Any activity involving grading, tilling, digging, or filling of groundor stripping of vegetatioJ:.l or any other activity that causes an alteration to the natural conditionof the land.
Main Stem (Main Channel) - Any stream segment or other runoff conveyance facility used as areach in the Kishacoquillas Creek hydrologic model.
Manning Equation in (Manning formula) - A method for calculation of velocity of flow (e.g.feet per second) and flow rate (e.g. cubic feet per second) in open channels based upon channelshape, roughness, depth of flow and slope. "0pen channels II may include closed conduits solong as the flow is not under pressure.
61
)
Municipality - The Borough of Lewistown, Mifflin County, Pennsylvania.
Nonpoint Source Pollution - Pollution that enters a watery body from diffuse origins in thewatershed and does not result from discernible, confined, or discrete conveyances.
NPDES - National Pollutant Discharge Elimination System - a permit issued by the PADepartment of Environmental Protection regulating the discharge of wastewater or storm waterfrom a facility. NPDES Permits are issued under the authority of the Clean Water Act (PL 92500).
NRCS - Natural Resource Conservation Service (previously SeS).
Open Channel- A drainage element in which storm water flows with an open surface. Openchannels include, but shall not be limited to~ natural and man-made drainageways, swales,streams, ditches, canals, and pipes flowing partly full.
Outfall- Point where water flows from a conduit, stream, or drain.
Outlet - Points of water disposal from a stream, river, lake, tidewater or artificial drain.
Parking Lot Storage - Involves the use of impervious parking areas as temporaryimpoundments with controlled release rates during rainstorms.
Peak Discharge - The maximum rate of storm water runoff from a specific storm event.
Penn State Runoff Model (calibrated) - A computer-based hydrologic modeling technique.
Perennial Streams (also perennial flow) - Streams that flow year round. Perennial streams(~\ derive their flow from both groundwater and runoff and the groundwater table never drops'" _.j below the streambed.
Pipe - A culvert, closed conduit, or similar structure (including appurtenances) that conveysstorm water.
Planning Commission - The Mifflin County Planning Commission, unless otherwise specified.
PMF - Probable Maximum Flood - The flood that may be expected from the most severecombination of critical meteorologic and hydrologic conditions that are reasonably possible inany area. The PMF is derived from the probable maximum precipitation (PMP) as determinedon the basis of data obtained from the National Oceanographic and AtmosphericAdministration (NOAA).
Rational Formula - A rainfall-runoff relation used to estimate peak flow.
Redevelopment - Reconstruction of an existing improved, developed property, as of the date ofadoption of this Ordinance.
Regulated. Activities - Actions or proposed actions that have an impact on storm water runoffand that are specified in Section 10.104 of this Ordinance.·-
Release Rate - The percentage of predevelopment peak rate of runoff from a site or subarea towhich the post development peak rate of runoff must be reduced to protect downstream areas.
Restrictive Covenant - A restriction on the use of land usually set forth in the deed. Restrictivecovenants (a.k.a. Deed Restrictions) usually run with the land and are binding upon subsequentowners of the property.
Retention Basin - An impoundment in which storm water is stored and not released. Storedwater may be released from the basin at some time after the end of the storm (temporaryretention), or else it leaves the basin through infiltration or evaporation.'
62
Return Period - The average interval, in years, within which a storm event of a givenmagnitude can be expected to recur. For example, the 25-year return period rainfall would beexpected to recur on the average once every twenty-five years.
Riser - A vertical pipe extending from the bottom of a pond that is used to control the dischargerate from the pond for a specified design storm.
Rooftop Detention - Temporary ponding and gradual release of storm water falling directlyonto flat roof surfaces by incorporating controlled-flow roof drains into building designs.
Runoff - Any part of precipitation that flows over the land surface.
Sediment Basin - A barrier, dam, retention or detention basin located and designed to retainrock, sand, gravel, silt, or other material transported by water.
Sediment Pollution - The placement, discharge or any other introduction of sediment into thewaters of the Commonwealth occurring from the failure to design, construct, implement ormaintain control measures and control facilities in accordance with the requirements of thisOrdinance.
Sedimentation - The process by which mineral or organic matter is accumulated or depositedby the movement of water.
Seepage Pit/Seepage Trench - An area of excavated earth filled with loose stone or similarcoarse material, into which surface water is directed for infiltration into the ground.
Semi-Pervious Surfaces - Material that allows rainfall to seep through to the underlying strata.Examples include" gravel, porous asphalt pavement, and paving blocks not used for motorvehicles. If these materials are used for vehicular pathways, parking, and material storage theyare generally considered to be impervious. Use of these materials in development sites must besupported by published information concerning infiltration rates if credit is to be taken for theinfiltration volume. "
Sheet Flow - Runoff that flows over the ground surface as a thin, even layer, not concentratedin a channel.
Soil-Cover Complex Method - A method of runoff computation developed by the NRCS that isbased on relating soil type and land use/cover to a runoff parameter called Curve Number(CN).
Soil Group, Hydrologic - A classification of soils by the Soil Conservation Service into fourrunoff potential groups. The groups range from A soils, which are very permeable and producelittle runoff, to D soils, which are not very permeable and produce much more runoff.
Spillway - A depression in the embankment of a pond or basin that is used to pass peakdischarge greater than the maximum design storm controlled by the pond.
Storage Indication Method - A reservoir routing procedure based on solution of the continuityequation (inflow minus outflow equals the change in storage) with outflow defined as afunction of storage volume and depth.
Storm Frequency - The number of times that a given storm "event" occurs or is exceeded on theaverage in a stated period of years. "See "Return Period".
Storm Sewer - A system of pipes and/or open channels that convey intercepted runoff andstorm water from other sources, but excludes domestic sewage and industrial wastes.
Storm Water - The total amount of precipitation reaching the ground surface.
63
Storm Water Management Facility - Any structure, natural or man-made, that, due to itscondition, design, or construction, conveys, stores, or otherwise affects storm water runoff.Typical storm water management facilities include, but are not limited to, detention andretention basins, open channels, storm sewers, pipes, and infiltration structures.
Storm Water Management Plan - The plan for managing storm water runoff in theKishacoquillas Creek Watershed adopted by Mifflin County as required by the Act of October 4,1978, P.L. 864, (Act 167), and known as the IlKishacoquillas Creek Watershed Act 167 StormWater Management Plan".
Storm Water Management Site Plan - The plan prepared by the Applicant or his representativeindicating how storm water runoff will be managed at the particular site of interest according tothis Ordinance.
Stream - A natural or man-made channel that conveys water in a concentrated manner. Seealso ephemeral stream, intermittent stream and perennial stream.
Stream Buffer - A vegetative strip paralleling the banks of a perennial or intermittent stream.The buffer shall contain appropriate vegetation through its width with the exception of aminimum five-feet wide strip of land maintained in meadow grass or forbs at its outerboundary.
Stream Enclosure - A bridge, culvert or other structure in excess of 100 feet in length upstreamto downstream which encloses a regulated water of this Commonwealth.
Subarea - The smallest drainage~t of a watershed for which storm water managementcriteria have been established in the Storm Water Management Plan.
Subdivision - The division or re-division of a lot, tract, or parcel of land by any means into twoor more lots, tracts, parcels or other divisions of land including changes in existing lot lines forthe purpose, whether immediate or future, of lease, transfer of ownership, or building or lotdevelopment: Provided, however, that the subdivision by lease of land for agriculturalpurposes into parcels of more than ten acres, not involving any new street or easement of accessor any residential dwellings, shall be exempt.
Swale - A low-lying stretch of land that gathers or carries surface water runoff.
Timber Operations - See Forest Management.
Time of Concentration (Tc) - The time for surface runoff to travel from the hydraulically mostdistant point of the watershed to a point of interest within the watershed. This time is thecombined total of overland flow time and flow time in pipes or ch~els, if any.
TR-20 - The computer-based hydrologic modeling technique adapted to the KishacoquillasCreek watershed for the Act 167 Plan. The model has been IIcalibratedll to reflect actualrecorded flow values by adjusting key model input parameters.
TR-55 - A method for determining runoff volumes and rates developedby the NRCS.
Watercourse - A channel or conveyance of surface water having defined bed and banks,whether natural or artificial with perennial or intermittent flow.
Waters of the Commonwealth - Any and all rivers, streams, creeks, rivulets, ditches,watercourses, storm sewers, lakes, danuned water, wetlands, ponds, springs, arid all otherbodies or channels of conveyance of surface and underground water, or parts thereof, whethernatural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania..
Wetland - Those areas that are inundated or saturated by surface or ground water at afrequency and duration sufficient to support, and that under normal circumstances do support,
64
\)
a prevalence of vegetation typically adapted for life in saturated soil conditions, includingswamps, marshes, bogs, ferns, and similar areas.
ARTICLE III - STORM WATER MANAGEMENT
Section 10.301. General Requirements
A. All regulated activities in the Kishacoquillas Creek Watershed, as well as those other areasof the Municipality not within the Kishacoquillas Creek Watershed, that do not fall underthe exemption criteria shown in Section 10.105 shall submit a Drainage Plan consistent withthe Kishacoquillas Creek Watershed Storm Water Management Plan to the MUnicipality forreview. These criteria shall apply to the total proposed development even if development isto take place in stages. Impervious cover shall include, but not be limited to, any roof,parking or driveway areas and any new streets and sidewalks.
B. Storm water drainage systems shall be provided in order to permit unimpeded flow alongnatural watercourses, except as modified by storm water management facilities or openchannels consistent with this Ordinance.
C. The existing points of concentrated drainage that discharge onto adjacent property shall notbe altered without permission of the adjacent property owner(s) and shall be subject to anyapplicable discharge criteria specified in this Ordinance.
D. Areas of existing diffused drainage discharge shall be subject to any applicable dischargecriteria in the general direction of existing discharge, whether proposed to be concentratedor maintained as diffused drainage areas, except as otherwise provided by this Ordinance.If diffused flow is proposed to be concentrated and discharged onto adjacent property (seeSection 10.301.C), the Applicant must demonstrate to the Municipality in accordance withSection 10.306 that adequate downstream drainage conveyance facilities exist to safelytransport the concentrated discharge, or the Applicant must obtain drainage easements fromaffected downstream property owners and provide the facilities to safely convey the flow.
E. Downstream Hydraulic Capacity Analysis - Any downstream hydraulic capacity analysisconducted in accordance with this Ordinance shall use the following criteria fordetermining adequacy for accepting increased peak flow rates:
1. Natural or man-made channels or swales must be able to convey the increased runoffassociated with a 2-year return period event within their banks at velocities consistentwith protection of the channels from erosion. Acceptable velocities shall be basedupon criteria included in the DEP Erosion and Sediment Control Program Manual.
2. Natural or man-made channels or swales shall be designed to convey the increased 25year return period runoff without creating any hazard to persons or property.
3. Culverts, bridges, storm sewers or any other facilities which must pass or convey flows. from the upstream (i.e., offsite) area that contributes flow to that structure shall bedesigned in accordance with DEP, Chapter 105 regulations (if applicable) and, at aminimum, pass the increased 25-year return period runoff.
F. Where a development site is traversed by watercourse(s), stream buffers (see definitionsection) shall be provided conforming to the line of such watercourses. The width of the
65
buffers shall be determined as set forth in Section 10.302.A.3. It shall be prohibited toexcavate, place fill, build structures, or make any alterations that may adversely affect theflow of storm water within any portion of the stream buffer unless the proposed work isassociated with a regulated wetlands mitigation program. The buffer shallbe definedthrough a deed covenant or shown on an approved subdivision or land development planthat has been recorded.
G. When it can be shown that, due to topographic conditions, natural drainageways on the sitecannot adequately provide for drainage, open channels may be constructed conformingsubstantially to the line and grade ofsuch natural drainageways. Work within naturaldrainageways shall be subject to approval by PADEP through the Joint Permit Applicationprocess, or, where deemed appropriate by PADEP, through the General Permit process.
H. Any storm water management facilities regulated by this Ordinance that would be locatedin or adjacent to waters of the Commonwealth or wetlands shall be subjectto approval byPA DEP through the Joint Permit Application process, or, where deemed appropriate by PADEP, the General Permit process. When there is a question whether wetlands may beinvolved, it is the responsibility of the Applicant or his agent to show that the land in .question cannot be classified as wetlands, otherwise approval to work in the area must beobtained from PA DEP.
1. Any storm water management facilities regulated by this Ordinance that would be locatedon or discharging into State highway rights-of-way shall be subject to approval by thePennsylvania Department of Transportation (PADOT).
J. Minimization of impervious surfaces and infiltration of runoff through seepage beds,infiltration trenches, etc. are encouraged, where soil conditions permit, to reduce the size oreliminate the need for detention facilities.
K. Roof drains must not be connected to sanitary sewers. Roof drains must not be connected tostreets, storm sewers, or roadside ditches to promote overland flow andinfiltration/percolation of storm water. However, when it is more advantageous to connectdirectly to streets, storm sewers or roadside ditches, it shall be permitted on, a case by casebasis as determined by the Municipal Engineer.
Section 10.302. Water Quality Requirements
A. Applicant shall comply with the following water quality requirements.unless otherwiseexempted by provisions of this ordinance. .
1. Applicants will provide adequate storage and treatment facilities necessary to captureand treat a volume of storm water runoff termed as the "Water Quality Volume" whichis calculated in accordance with the following:
The Water Quality Volume (WQv) is the storage capacity needed to treat storm waterrunoff equivalent to a minimum of the first 1.5 inches of runoff (from Appendix F,"Pennsylvania Handbook ofBMPs for Developing Areas", page F-2 for Region 2, value of1.48" is rounded to 1.50") from the developed areas of the site. The following
. calculation is used to determine the storage volume, WQv in acre-feet of storage:
66
Where:
WQv =[(1.50) (Rv) (A)]j12
WQv =Water Quality Volume in acre-feet
A = Area in acres
Rv = 0.05 + 0.009(1)
1= Impervious cover in percent (e.g., 1=50 for 50%
impervious cover)
WQv shall be designed as part of a storm water management facility whichincorporates water quality BMPs as a primary benefit of using that facility, inaccordance with design specifications contained in "Pennsylvania Handbook ofBMPs forDeveloping Areas", 1998.
2. The Applicant shall first provide infiltration facilities in areas where soils are suitablefor infiltration and shall direct the runoff from impervious surfaces into thoseinfiltration facilities. A qualified soil scientist, geologist, or hydrogeologist shallcharacterize the infiltration characteristics of the site by conducting infiltration tests anddeveloping a soil profile through test pitting in the proposed infiltration area. If thesoils are not suitable for infiltration, Applicant shall submit documentation from aregistered soil scientist, geologist, or hydrogeologist documenting the soil 'characteristics and receive a waiver from the Municipal Engineer. See Section 10.303 for
'\ the groundwater recharge requirements.
3. If a perennial or intermittent stream passes through the development site, the Applicantshall create a stream buffer conforming to the line of such watercourses and extending aminimum of 50 feet to either side of the top of the bank of the channel. The buffer areashall be maintained with appropriate vegetation as referenced in Appendix E of thisOrdinance. The Municipality may select a smaller buffer width if desired, but never lessthan 10 feet. If the applicable rear or side yard setback is less than 50 feet, the bufferwidth may be reduced to 25 percent of the setback to a minimum of 10 feet. If anexisting buffer is legally prescribed (e.g., deed covenant, easement, etc.) and it exceedsthe requirement of this Ordinance, the existing buffer shall be maintained.
4. Detain the I-year, 24-hour post-development design storm runoff based on using theses Type II distribution from the contributing watershed (after development).Provisions shall be made so that the detained runoff takes a minimum of 24 hours todrain from the facility from a point where the maximum volume of water is captured,(i.e., the maximum water surface elevation is achieved in the facility). Release of watercan begin at the start of the storm (Le., the invert of the water quality orifice is at theinvert of the facility). The design of the facility shall consider and minimize the chancesof clogging and sedimentation potential. The Applicant may also utilize infiltrationfacilities in lieu of extended detention. The volume of infiltration provided for thecontributing area may be deducted from the volume requirement for extendeddetention.
B. The Applicant shall submit designs for water quality facilities to the Municipal Engineer forreview and approval. Such designs may achieve the water quality objectives through acombination of BMPs.
67
(\\--- )
C. In selecting the appropriate BMPs or combinations thereof, the Applicant shall consider thefollowing:1. Total contributing area2. Permeability and infiltration rate of the site soils3. Slope and depth to bedrock4. Seasonal high water table5. Proximity to building foundations and well heads6. Erodibility of soils7. Land availability and configuration of the topography8. Consistency with approved watershed and storm water management plans or
regulations
D. The following additional factors shall be considered when evaluating the suitability ofBMPs used to control water quality at a given development site:1. Peak discharge and required volume control2. Streambank erosion3. Efficiency of the BMPs to mitigate potential water quality problems4. The volume of runoff that will be effectively treated5. The nature of the pollutant being removed6. Maintenance requirements7. Creation/protection of aquatic and wildlife habitat8. Recreational value9. Enhancement of aesthetic and property value
E. It is prohibited to discharge concentrated runoff (i.e., in channels, culverts, or storm sewers):h"1to s:hlkholes 11J.l1ess prior approval is granted by the Municipal Engineer. If sinkholesdevelop during construction, the Applicant shall seal and backfill the sinkhole in a manneracceptable to the Municip"al Engineer. If existing sinkholes are to be sealed duringconstruction, the Applicant shall submit a sinkhole repair plan for approval by theMunicipal Engineer.
Section 10.303. Groundwater Recharge RequirementsA. Applicant shall maintain annual groundwater recharge consistent with pre-development conditions, by infiltrating an amount of runoff equal to the "Recharge Volume"(based on the average annual infiltration rate based on the prevailing hydrologic soil groupspresent at a site). The Recharge Volume (Rev) may be part of the Water Quality Volume. Thegroundwater recharge is calculated in accordance with the following formula, but shall not beless than the net increase in runoff from the 2-year storm event:
Rev =[(S)(Rv)(A)]/12
Where:
Rev = Recharge Volume in acre-feet
S = Soil Specific Recharge factor
A = Area in acres
Rv = 0.05+0.009(1)
I = Impervious cover in percent (e.g., 1=50 for 50%
impervious cover)
68
The Soil Specific Recharge factor varies according to soil type. The following factors shouldbe used:
Hydrologic Soil Specific RechargeSoil Group Factor (S)
A 0.41
B· 0.27
C 0.14
D 0.07
Section 10.304. Storm Water Management Districts
A. The Kishacoquillas Creek Watershed has been divided into two (2) storm watermanagement districts as shown on the Watershed Map in Appendix D.
B. Standards for managing runoff from each subarea in the Kishacoquillas CreekWatershed for the 2,10,25,50, and lOO-year design storms are shown below.Development sites located in each of the districts must control post-development runoffrates to pre-development runoff rates for the design storms as follows:
DISTRICT CONTROL CRITERIA
100% Post-development peak discharge for alldesign storms must be no greater than pre-development peak discharges.
75% Post-development peak discharge for alldesign storms must be no greater than 75percent of the pre-development peakdischarges.
C. If a proposed development located in a 75%Release Rate District incorporatesinfiltration facilities that achieve the Groundwater Recharge Requirements specified inSection 10.303, then the Release Rate for the development shall be increased to 100%.
D. Those areas within the Municipality that are not located within the Kishacoquillas CreekWatershed shall comply with the control criteria for a release rate of 100% with postdevelopment peak discharge for all design storms being no greater than predevelopment peak discharges, as aforesaid.
69
Section 10.305. Storm Water Management District Implementation Provisions (PerformanceStandards)
Hydrolic Soil G'roup Soil Specific Recharge Factor (S)
A 0.41
B 0.27
C 0.14
D 0.07
A. General- Post-development rates of runoff from any regulated activity shall not exceedthe peak release rates of runoff prior to development for the design storms specified onthe Storm Water Runoff Peak Rate Districts Map, Ordinance Appendix D and Section10.302, of the Ordinance.
B. District Boundaries - The boundaries of the Storm Water Management Districts areshown on an official map, which is available for inspection at the municipal office. Acopy of the official map at a reduced scale is included in Appendix D of this Ordinance.The exact location of the Storm Water Management District boundaries as they apply toa given development site shall be detennined by mapping the boundaries using the twofoot topographic contours (or most accurate data required) provided as part of theDrainage Plan.
C. Sites Located in More Than 1 District - for a proposed development site located withintwo or more release category subareas, the peak discharge rate from any subarea shallbe the pre-development peak discharge for each subarea multiplied by the applicablerelease rate. The calculated peak discharges shall apply regardless of whether thegrading plan changes the drainage area by subarea. An exception t<;> the above may begranted if discharges from multiple subareas re-combine in proximity to the site. In thiscase, peak discharge in any direction may be a 100% release rate provided that theoverall site discharge meets the weighted average release rate.
D. Off-Site Areas - Off-site Areas that drain through a proposed development site are notsubject to release rate cr~teria when determining allowable peak runoff rates. However,on-site drainage facilities shall be designed to safely convey off-site flows through thedevelopment site. ,
E. Site Areas - Where the site area to be impacted by a proposed development activitydiffers significantly from the total site area, as determined by the Municipal Engineer,only the proposed development area and areas contributory to the proposed stormwater management facilities shall be subject to the release rate criteria.
F. Regional Detention Alternatives - For certain areas within the study area, it may be morecost-effective to provide one control facility for more than one development site than to
70
provide an individual control facility for each development site. The initiative andfunding for any regional runoff control alternatives are the responsibility of prospectiveApplicants. The design of any regional control basins must incorporate reasonabledevelopment of the entire upstream watershed. The peak outflow of a regional basinwould be determined on a case-by-case basis using the hydrologic model of thewatershed consistent with protection of the downstream watershed areas. "Hydrologicmodel" refers to the calibrated model as developed 'for the Storm Water ManagementPlan.
Section 10.306. Design Criteria for Storm Water Management Facilities
A. Any storm water management facility (i.e. detention basin) designed to store runoff andrequiring a berm or earthen embankment required or regulated by this Ordinance shall bedesigned to provide an emergency spillway to handle flow up to and including the 100-yearpost-development conditions. The height of the embankment must be set as to provide aminimum 1.0 foot of freeboard above the maximum pool elevation computed when thefacility functions for the 100-year post-development inflow. Should any storm watermanagement facility require a dam safety permit under PADEP Chapter 105, the facilityshall be designed in accordance with Chapter 105 and meet the regulations of Chapter 105concerning darn safety which may be required to pass storms larger than 100-year event.
B. Any facilities that constitute water obstructions (e.g., culverts, bridges, outfalls, or streamenclosures), and any work involving wetlands as directed in PA DEP Chapter 105
r-\ regulations (as amended or replaced from time to time by PA DEP), shall be designed in\ j accordance with Chapter 105 and will require a permit from PA DEP. Any other drainage
conveyance facility that doesn1t fall under Chapter 105 regulations must be able to convey,without damage to the drainage structure or roadway, runoff from the 25-year desig-nstorm. Open channels shall be designed with a minimum of 1.0 foot of freeboard. Anyfacility that constitutes a dam as defined in PA DEP Chapter 105 regulations may require apermit under darn safety regulations. Any facility located within a PA DOT right of waymust meet PA DOT minimum design standards and permit submission requirements. If theprimary drainage facilities do not have capacity for future flows, then a safe drainage pathshall be provided to convey up to the 100-year design storm without impacting structures.
C. Storm sewers must be able to convey post-development runoff from a 10-year design stormwithout surcharging inlets. Road culverts must be designed in accordance with Penn DOTstandards.
. D. Storm inlets, storm sewers, culverts, and open channels shall be designed withoutconsideration of the impact of karst terrain on runoff rates.
E. Adequate erosion protection shall be provided along all open channels, and at all points ofdischarge.
F. The design of all storm water management facilities shall incorporate sound engineeringprinciples and practices. The Municipal Engineer shall reserve the right to disapprove anydesign that would" result in the occurrence or continuation of an adverse hydrologic orhydraulic condition within the watershed.
G. Storm drain conveyance system stability (swales, open channels, and pipe discharge aprons)shall be computed using a la-year period peak runoff rate.
71
,0
H. Storm sewers, where required by zoning and land use densities, shall be placed under orimmediately adjacent to the roadway side of the curb, or as directed by the MunicipalEngineer, when parallel to the street within the right-of-way.
Section 10.307. Calculation Methodology
Storm water runoff from all development sites shall be calculated using either the rationalmethod or asoil-cover-complex methodology.
A. Any storm water runoff calculations involving drainage areas greater than 200 acres,including on- and off-site areas, shall use a generally accepted calculation technique that isbased on the NRCS soil cover complex method. Table 10.307-1 summarizes acceptablecomputation methods. It is assumed that all methods will be selected by the designprofessional based on the individual limitations and .suitability of each method for aparticular site.
B. All calculations consistent with this Ordinance using the soil cover complex method shalluse the appropriate design rainfall depths for the various return period storms presented inTable A-1 in Appendix A of this Ordinance. If a hydrologic computer model such as PSRMor HEC-1 is used for storm water runoff calculations, then the duration of ra:infall shall be 24hours. The NRCS curve shown in Figure A-1, Appendix A of this Ordinance shall be usedfor the rainfall distribution.
C. For the purposes of predevelopment flow rate determination, undeveloped land shall beconsidered as IImeadowll good condition, type /lB" soil (RCN=58, Rational/lC" = 0.12),unless the natural ground cover generates a lower curve number or Rational'C value (e.g.forest).
TABLE 10.307-1
ACCEPTABLE COMPUTATION METHODOLOGIES FOR STORM WATER
MANAGEMENT PLANS
. METHOD METHOD DEVELOPED BY APPLICABILITY
TR-20 or commercial Package When use of full model isBased on TR-20 USDA-NRCS desirable or necessary
Tr-55 or Commercial Package Applicable for plans withinBased on TR-55 USDA-NRCS the models limitations
When use of full model is
HEC-HMS U.S. Army Corps of Eng. desirable or necessary
When·use offull model is
PSRM Penn State Univ. desirable or necessary
Rational Method orcommercial package based on For sites less than 200 acres
72
*
METHOD METHOD DEVELOPED BY APPLICABILITY
Rational Method* Emil Kuiching (1889)
As approved by the
Other Methods Various Municipal Engineer
Use of the Rational Method to estimate peak discharges from drainage areas that containmore than 100 acres must be approved by the Municipal Engineer.
D. All calculations using the Rational Method shall use rainfall intensities consistent withappropriate times of concentration for overland flow and return periods from the DesignStorm Curves from PA Department of Transportation Design Rainfall Curves (1986) (FigureA-2). Times of concentration for overland flow shall be calculated using the methodologypresented in Chapter 3 of Urban Hydrology for Small Watersheds, NRCS, TR-55 (asamended or replaced from time to time by NRCS). Times of concentration for channel andpipe flow shall be computed using Manning's equation.
E. Runoff Curve Numbers (RCN) for both existing and proposed conditions to be used in thesoil cover complex method shall be obtained from Table A-2 in Appendix A of thisOrdinance.
F. Runoff characteristics of off-site areas that drain through a proposed development shall bebased on actual existing conditions, not RCN=58 or C=O.12, and shall be assumed to nothave any controls implemented on future development (i.e., no release rate restrictions).
G. Runoff coefficients (C) for both existing and proposed conditions for use in the Rationalmethod shall be obtained from Table A-3 in Appendix A of this Ordinance.
H. Where uniform flow is anticipated, the Manning equation shall be used for hydrauliccomputations, and to determine the capacity of openchannels, pipes, and storm sewers.Values for Manning's roughness coefficient (n) shall be consistent with Table A-4 inAppendix A of the Ordinance.
1. Outlet structures for storm water management facilities shall be designed to meet theperformance standards of this Ordinance using any generally accepted hydraulic analysistechnique or method. Acceptable methods are presented in "Handbook of Hydraulics", byKing and Brater (McGraw Hill). In addition, application of computer programs such as HY8 (Federal Highway Administration) or FlowMaster (Haested Methods) will also beaccepted.
J. The design of any storm water detention facilities intended to meet the performancestandards of this Ordinance shall be veruied by routing the design storm hydrographthrough these facilities using the Storage-Indication Method. For drainage areas greaterthan 20 acres in size, the design storm hydrograph shall be computed using a calculationmethod that produces a full hydrogra'ph. The Municipality may approve the use of anygenerally accepted full hydrograph approximation technique thatshall use a total runoffvolume that is consistent with the volume from a method that produces a full hydrograph.
73
K. The Municipality has the authority to require that computed existing runoff rates bereconciled with field observations and conditions. If the designer can substantiatethrough actual physical calibration that more appropriate runoff and time-pf-concentrationvalues should be utilized at a particular site, then appropriate variations may be made uponreview and recommendations of the Municipal Engineer. Calibrationshall require detailedgage and rainfall data for the particular site in question.
Section 10.308. Erosion and Sedimentation Requirements
A. Whenever the vegetation and topography are to be disturbed, such activity must be inconformance with Chapter 102, Title 25, Rules and Regulations, Part I, Commonwealthof Pennsylvania, Department of Environmental Protection, Subpart C, protection ofNatural Resources, Article II, Water Resources, Chapter 102, "Erosion ControI,u and inaccordance with the Mifflin County Conservation District and the standards andspecifications of the Municipality.
B. Additional erosion and sedimentation control design standards and criteria that must beor are recommended to be applied where infiltration BMPs are proposed and includethe following:
1. Areas proposed for infiltration BMPs shall be protected from sedimentation andcompaction during the construction phase, so as to maintain their maximuminfiltration capacity.
2. In order to insure compliance with Chapter 102, the timing of the installation andoperation of the infiltration BMP shall be at the discretion of the MunicipalEngineer.
ARTICLE IV - DRAINAGE PLAN REQUIREMENTS
Section 10.401. General Requirements
For any of the activities regulated by this Ordinance~ the final approval of subdivision andlorland development plans, the issuance of any building or occupancy permit, or thecommencement of any land disturbance activity may not proceed until the Applicant orhisIheragent has received written approval Of a Drainage Plan from the Municipality.
Se~tion10.402. Drainage Plan Content~
The Drainage Plan shall consist of all applicable calculations, maps, and plans. A note on themaps shall refer to the associated computations and erosion and sedimentation control plan bytitle and date. The cover sheet of the computations and erosion and sedimentation control planshall refer to the associated maps by title and date. All Drainage Plan materials shall besubmitted to the Municipality in a format that is clear, concise, legible, neat, and well organized;otherwise, the Drainage Plan shall be disapproved and returned to the Applicant. .
The following items shall be included in the Drainage Plan:
A. GeneralI'. ).'- 1. General description of project.
74
2. General description of permanent storm water management techniques,including construction specifications of the materials to be used for storm watermanagement facilities.
3. Complete hydrologic, hydraulic, and structural computations for all storm watermanagement facilities.
B. Map(s) of the project area shall be submitted on 24 inch x 36 inch sheets and shall beprepared in a form that meets the requirements of the applicable Subdivision and LandDevelopment Ordinance then in effect (either that Subdivision and Land DevelopmentOrdinance of Borough of Lewistown or if no Subdivision and Land Development,Ordinance has been adopted by the Borough of Lewistown, then the SubdivisionOrdinance and Land Development Ordinance of the County of Mifflin, Pennsylvania)and for recording at the offices of the Recorder of Deeds of Mifflin County. The contentsof the maps(s) shall include, but not be limited to:
1. The location of the project relative to highways, municipalities or otheridentifiable landmarks.
2. Existing contours at intervals of two (2) feet. In areas of steep slopes (greaterthan 15 percent), five-foot contour intervals may be used.
3. Existing streams, lakes, ponds, or other bodies of water and wetlands within theproject area.
4. Other physical features including flood hazard boundaries, sinkholes, streams,existing drainage courses, areas of natural vegetation to be preserved, and thetotal extent of the upstream area draining through the site.
5. The locations of all existing and proposed structures and utilities within 50 feetof property lines.
6. An overlay showing soil names and boundaries.
7. Proposed changes to the land surface' and vegetative cover, including the typeand amount of impervious area that would be added.
8. Proposed structures, roads, paved areas, and buildings.
9. Final contours at intervals at two (2) feet. In areas of steep slopes (greater than 15percent), five-foot contour intervals may be used.
10. The.name of the development, the name and address of the owner of theproperty, .and the name of the individual or firm preparing the plan.
11. The date of the plan, including revisions.
12. A graphic andwritten scale of a minimum one (1) inch equals no more than fifty.(50) feet.
75
13. A North arrow.
14. The total tract boundary and size with distances marked to the nearest foot andbearings to the nearest degree.
15. Existing and proposed land use(s).
16. Vertical profiles of all proposed open channels and storm sewers, includinghydraulic capacity.
17. Overland drainage paths of proposed swales or channels to convey water.
18. A construction detail of any improvements made to sinkholes and the location ofall notes to be posted, as specified in this Ordinance.
19. A statement, signed by the landowner, acknowledging the storm watermanagement system to be a permanent fixture that can be altered or removedonly after approval of a revised plan by the Municipality.
20. The following signature block for the Design Engineer:
"(Design Engineer), on this date (date of signature), has reviewed and hereby certifies that
the Drainage Plan meets all design standards and criteria of the Kishacoquillas Creek
Watershed Act 167 Storm Water Management Ordinance."
C. Supplemental Information
1. A written description of the following information shall be submitted.
(;J) The overall storm water management concept for the project.b) Storm water runoff computations as specified in this Ordinance.c) Storm water management techniques to be applied both during and after
development.d) Expected project time schedule.
2. A soil erosion and sedimentation control plan, where applicable, including allreviews and approvals, as required by PADEP.
3. A geologic assessment of the effects of runoff on sinkholes as specified in thisOrdinance.
4.· The effect of the project (in terms of runoff volumes and peak flows) on adjacentproperties and on any existing municipal storm water collection system that mayreceive runoff from the project site.
5. A Declaration of Adequacy and Highway Occupancy Permit from the PADOTDistrict Office when utilization of a PADOT storm drainage system is proposed.
76
D. Storm Water Management Facilities
1. All storm water management facilities must be located on a plan and describedin detail.
2. When groundwater recharge methods such as seepage pits, beds or trenches areused, the locations of existing and proposed septic tank infiltration areas andwells must be shown.
3. All calculations, assumptions, and criteria used in the design of the storm watermanagement facilities must be shown.
Section 10.403. Plan Submission
FQr all activities regulated by this Ordinance, the steps below shall be followed for submission.For any activities that require a PADEP Joint Permit Application and regulated under Chapter105 (Dam Safety and Waterway Management) or Chapter 106 (Floodplain Management) ofPADEP's Rules and Regulations, require a PADOT Highway Occupancy Permit, or require anyother permit under applicable state or federal regulations, the permit(s) shall be part of the plan.
A. The Drainage Plan shall be submitted by the Applicant as part of the Preliminary Plansubmission for the Regulated Activity.
B. Four (4) copies of the Drainage Plan shall be submitted.
C. Distribution of the Drainage Plan will be as follows:
1. Two (2) copies to the Municipality accompanied by the requisite MunicipalReview Fee, as specified in this Ordinance.
2. One (1) copy to the Municipal Engineer.
3. One (1) copy to the County Planning Commission/Department.
Section 10.404. Drainage Plan Review
A. The Municipal Engineer shall review the Drainage Plan for consistency with the adoptedKishacoquillas Creek Watershed Act 167 Storm Water Management Plan. TheMunicipality shall require receipt of a complete plan, as specified in this Ordinance.
B. The Municipal Engineer shall review the Drainage Plan for any submission or landdevelopment against the municipal subdivision and land development ordinanceprovisions not superseded by this Ordinance.
C. For activities regulated by this Ordinance, the Municipal Engineer shall notify theMunicipality in writing whether the Drainage Plan is consistent with the Storm WaterManagement Plan. Should the Drainage Plan be determined to be consistent with theStorm Water Management Plan, the Municipal Engineer will forward an approval letterto the Developer with a copy to the Municipal Secretary.
77
D. Should the Drainage Plan be determined to be inconsistent with the Storm WaterManagement Plan, the Municipal Engineer will forward a disapproval letter to theApplicant with a copy to the Municipal Secretary citing the reason(s) for thedisapproval. Any disapproved Drainage Plans may be revised by the Applicant andresubmitted consistent with this Ordinance.
E. For Regulated Activities specified in Sections 10.104.C and 10.104.D of this Ordinance,the Municipal Engineer shall notify the Municipal Building Permit Officer in writing,within a time frame consistent with the Municipal Building Code and/ or MunicipalSubdivision Ordinance, whether the Drainage Plan is consistent with the Storm WaterManagement Plan and forward a copy of the approvalj disapproval letter to theApplicant. Any disapproved drainage plan may be revised by the Applicant andresubmitted consistent with this Ordinance.
F. For Regulated Activities requiring a PADEP Joint Permit Application, the MunicipalEngineer shall notify PADEP whether the Drainage Plan is consistent with the Storm
. Water Management Plan and forward a copy of the review letter to the Municipality andthe Applicant. PADEP may consider the Municipal Engineer's review comments.indetermining whether to issue a permit.
G. The Municipality shall not approve any subdivision or land development for RegulatedActivities specified in Sections 10.104.A and 10.104.B of this Ordinance if the DrainagePlan has been found to be inconsistent with the Storm Water Management Plan, asdetermined by the Municipal Engineer. All required permits from PADEP must beobtained prior to approval.
H. The Municipal Building Permit Office shall not issue a building permit for anyRegulated Activity specified in Section 10.104 of this Ordinance if the Drainage Plan hasbeen found to· be inconsistent with the Storm Water Management Plan, as determined bythe Municipal Engineer, or without considering the comments of the MunicipalEngineer. All required permits from PADEP must be obtained prior to issuance of abuilding permit.
1. The Developer shall be responsible for completing an liAs-Built Survey" of all stormwater management facilities included in the approved Drainage Plan.. The As-BuiltSurvey and an explanation of any discrepancies with the design plans shall be submittedto the Municipal Engineer for final approval. In no case shall the Municipality approvethe As-Built Survey until the Municipality receives a copy of an approved Declaration ofAdequacy, Highway Occupancy Permit from the PADOT District Office, and anyapplicable permits from PADEP.
I.J
J. The Municipality's approval of a Drainage Plan shall be valid for a period not to exceedone (1) year. This one-year time period shall commence on the date that theMunicipality signs the approved Drainage Plan. If storm water management facilitiesincluded in the approved Drainage plan have not been constructed, or if an As-BuiltSurvey of these facilities has not been approved within this one-year time period, thenthe Municipality may consider the Drainage plan disapproved and may revoke any andall permits. Drainage Plans that are considered disapproved by the Municipality shallbe resubmitted in accordance with Section 10.406 of this Ordinance.
78
, ,
Section 10.405. Modification of Plans
~\ A modification to a submitted Drainage Plan for a development site that involves a change instorm water management facilities or techniques, or that involves the relocation or re-design ofstorm water management facilities, or that is necessary because soil or other conditions are notas stated on the Drainage Plan as determined by the Municipal Engineer, shall require aresubmission of the modified Drainage Plan consistent with Section 10.403 of this Ordinanceand be subject to review as specified in Section 10.404 of this Ordinance.
A modification to an already approved or disapproved Drainage Plan shall be submitted to theMunicipality, accompanied by the applicable review fee. A modification to a Drainage Plan forwhich a formal action has not been taken by the Municipality shall be submitted to theMunicipality, accompanied by the applicable fee.
Section 10.406. Resubmission of Disapproved Drainage Plans
A disapproved Drainage Plan may be resubmitted, with the revisions addressing the MunicipalEngineer's concerns documented in writing, to the Municipal Engineer in accordance withSection 10.403 of this Ordinance and be subject to review as specified in Section 10.404 of thisOrdinance. The applicable Municipality Review Fee must accompany a resubmission of adisapproved Drainage Plan.
ARTICLE V - INSPECTIONS
Section 10.501. Schedule of Inspections
A. The Municipal Engineer or his municipal assignee shall inspect all phases of theinstallation of the permanent storm water management facilities.
B. During any stage of the work, if the Municipal Engineer determines that the permanentstorm water management facilities are not being installed in accordance with theapproved Storm Water Management Plan, the Municipality shall revoke any existingmunicipal permits or issue a stop work order until the work is corrected or a revisedDrainage Plan is submitted and approved, ~s specified in this Ordinance.
ARTICLE VI - FEES AND EXPENSES
Section 10.601. General
The fee required by this Ordinance is the Municipal Review Fee. The Municipal Review feeshall be established by the Municipality to defray review costs incurred by the Municipality andthe Municipal Engineer. All fees shall be paid by the Applicant.
Section 10.602. Municipality Drainage Plan Review Fee
The Municipality shall establish a Review Fee Schedule by separate resolution of the municipalgoverning body based on the size of the Regulated Activity and based on the Municipality1scosts for reviewing Drainage Plans. The Municipality shall periodically update the Review FeeSchedule to ensure that review costs are adequately reimbursed.
(- Section 10.603. Expenses Covered by Fees
The fees required by this Ordinance shall at a minimum cover:
A. Administrative Costs.
79
B. The review of the Drainage Plan by the Municipality and the Municipal Engineer.
C. The site inspections.
D. The inspection of storm water management facilities and drainage improvements duringconstruction.
E. The final inspection upon completion of the storm water management facilities anddrainage improvements presented in the Drainage Plan.
. Section 10.604. Additional Costs
Developer will be invoiced for any additional costs incurred by the MUnicipality in the courseof reviewing the development plan. These costs may include, but are not limited to, specialstudies by qualified engineers or surveyors, field reconnaissance, and testing.
ARTICLE VII - MAINTENANCE RESPONSIBILITIES
Section 10.701. Performance Guarantee
The applicant shall provide a financial guarantee to the Municipality for the timely installationand proper construction of all storm water management controls as required by the approvedstorm water plan and this Ordinance equal to one hundred ten percent (110%) of the estimatedconstruction cost, as completed, of the required controls.
Bection 10.702. Maintenance Responsibilities
A. The Drainage Plan for the development site shall contain an operation and maintenanceplan prepared by the Applica.nt ond approved by the Municipal Engineer. Theoperation and maintenance plan shall outline required routine maintenance actions andschedules necessary to insure proper operation of the facility(ies).
B. The Drainage Plan for the development site shall establish responsibilities for thecontinuing operating and maintenance of all proposed storm water control facilities,consistent with the follOWing principals:
1. If a development consists of structures or lots that are to be separately ownedand in which streets, sewers and other public improvements are to be dedicatedto the Municipality, storm water control facilities may also be dedicated to andmaintained by the Municipality.
2. If a development site is to be maintained in a single ownership or if sewers andother public improvements are to be privately owned and maintained, then theownership and maintenance of storm water control facilities shall be theresponsibility of the owner or private management entity.
c.. The governing body, upon recommendation of the Municipal Engineer, shall make thefinal determination on the continuing maintenance responsibilities prior to finalapproval of the Drainage Plan. The Municipality reserves the right to accept theownership and operating responsibility for any or all of the storm water managementcontrols.
80
Section 10.703. Maintenance Agreement for Privately Owned Storm Water Facilities
A. Prior to final approval of the site's storm water management plan, the property ownershall sign and record a maintenance agreement covering all storm water control facilitiesthat are to be privately owned. Said agreement shall be substantially in the form of theAgreement, designated as Appendix C, that is attached and made part hereto.
B. Other items may be included in the agreement where determined necessary toguarantee the satisfactory maintenance of all facilities. The maintenance agreement shallbe subject to the review and approval of the Municipal Solicitor and governing body.
Section 10.704. Municipal Storm Water Maintenance Fund
A. If storm water facilities are accepted by the municipality for dedication, personsinstalling storm water storage facilities shall be required to pay a specified amount to theMunicipal Storm Water Maintenance Fund to help defray costs of periodic inspectionsand maintenance expenses. Payment can be in the form of an irrevocable letter of credit,a restricted escrow account, or a corporate security bond. The amount of the depositshall be determined as follows:
1. If the storage facility is to be owned and maintained by the Municipality, thedeposit shall cover the estimated costs for maintenance and inspections for two(2) years. The Municipal Engineer will establish the estimated costs utilizinginformation submitted by the applicant.
2. The amount of the deposit to the fund shall be converted to present worth of theannual series values. The Municipal Engineer shall determine the present worthequivalents, which shall be subject to the approval of the municipal governingbody.
B. If a storage facility is proposed that also serves as a recreation facility (e.g. ballfield,pond), the Municipality may reduce or waive the amount of the maintenance funddeposit based upon the value of the land for public recreation purpose.
C. If at some future time a storage facility (whether publicly or privately owned) iseliminated due to the installation of storm sewers or other storage facility, the unusedportion of the maintenance fund deposit will be applied to the cost of abandoning thefacility and connecting to the storm sewer system or other facility. Any amount of thedeposit remaining after the costs of abandonment are paid will be returned to thedepositor.
Section 10.705. Post-Construction Maintenance Inspections
A. Storm water detention and retention basins or facilities shall be inspected by, or underthe direction of a registered professional engineer on behalf of theLandowner/Applicant or responsible entity (including the Municipal Engineer fordedicated facilities) on the following basis:
1. Annually for the first 5 years.2. Once every 3 years thereafter, .3. During or immediately after the cessation of a 100-year or greater storm event.
81
B. The entity conducting the inspection shall be required to submit a report to theMunicipality within one (1) month following completion of the inspection. The reportwill present documentation regarding the condition of the facility and recommendingnecessary repairs, if needed. Any needed repairs shall be implemented by the Ownerwithin 1 month of the report issuance date.
ARTICLE VIII ~ ENFORCEMENT AND PENALTIES
Section 10.801. Right-of~Entry
Upon presentation of proper credentials, duly authorized representatives of the Municipalitymay enter at reasonable times upon any property within the Municipality to inspect thecondition of the storm water structures and facilities in regard to any aspect regulated by thisOrdinance.
Section 10.802. Notification
In the event that a person fails to comply with the requirements of this Ordinance, or fails toconform to the requirements of any permit issued hereunder, the Municipality shall providewritten notification of the violation. Such notification shall set forth the nature of theviolation(s) and establish a time limit for correction of these violations(s). Failure to complywithin the time specified shall subject such person to the penalty provision of this Ordinance.All such penalties shall be deemed cumulative and shall not prevent the Municipality frompursuing any and all other remedies. It shall be the responsibility of the owner of the real
'\ property on which any Regulated Activity is proposed to occur, is occurring, or has occurred, tocomply with the terms and conditions of this Ordinance.
Section 10.803. Enforcement
The Municipality is hereby authorized and directed to enforce all of the provisions of thisOrdinance. All inspections regarding compliance with the drainage plan shall be theresponsibility of the Municipal Engineer or other qualified persons deSignated by theMunicipality.
A. A set of design plans approved by the Municipality shall be on file at the site throughoutthe duration of the construction activity. Periodic inspections may be made by theMunicipality or its designee during construction.
B. It shall be unlawful for any person, firm or corporation to undertake any regulatedactivity under Section 10.104 on any property except as proVided for in the approveddrainage plan and pursuant to the requirements of this Ordinance. It shall be unlawfulto alter or remove any control structure required by the Drainage Plan pursuant to thisOrdinance or to allow the property to remain in a condition which does not conform tothe approved Drainage Plan.
C. At the completion of the project, and as a prerequisite for the release of the performanceguarantee, the Applicant or his representatives shall:
1. Provide a certification of completion from an engineer, architect, surveyor orother qualified person verifying that all permanent facilities have beenconstructed according to the plans and specifications and approved revisionsthereto.
82
D.
2. Provide a printed set of as-built drawings to the Municipality.
After receipt of the certification by the Municipality, a final inspection shall beconducted by the Municipality or its designee to certify compliance with this Ordinance.
E. Suspension and Revocation of Permits
1. Any Municipal permit issued under this Ordinance may be suspended orrevoked or a stop work order may be issued by the governing body for:
a) Non-compliance with or failure to implement any provision of the permit.
b) A violation of any provision of this Ordinance or any other applicable law,ordinance, rule or regulation relating to the project.
c) The creation of any condition or the commission of any act duringconstruction or development which constitutes or creates a hazard ornuisance, pollution or which endangers the life or property of others, or asoutlined in Article IX of this Ordinance.
2. A suspended permit shall be reinstated by the Municipality when:
a) The Municipal Engineer or his designee has inspected and approved thecorrections to the storm water management and erosion and sedimentpollution control measure(s), or the elimination of the hazard or nuisance,and/or;
b) The Municipality is satisfied that the violation of the ordinance, law, or rule'and regulation has been corrected.
c) A permit that has been revoked by the Municipality cannot be reinstated.The Applicant may apply for a new permit under the procedures outlined inthis Ordinance.
F. Occupancy Permit
An occupancy permit shall not be issued by the Municipality unless all requirements ofthis Ordinance have been met. The occupancy permit shall be required for each lotowner and/or Applicant for all subdivisions and land development in the Municipality.
Section 10.804. Public Nuisance
A. The violation of any provision of this Ordinance is hereby deemed a Public Nuisance.
B. Each day that a violation continues shall constitute a separate violation.
Section 10.805. Enforcement Remedies
A. Anyone violating the provisions of this Ordinance shall be guilty of a summary offense,and upon conviction shall be subject to a fine of not more than $1,000.00 for eachviolation plus court costs or imprisonment of not more than 90 days, or both. Each daythat the violation continues shall be a separate offense.
83
B.(~ In addition, the Municipality, through its solicitor, may institute injunctive, mandamusor any other appropriate action or proceeding at law or in equity for the enforcement ofthis Ordinance. Any court of competent jurisdiction shall have the right to issuerestraining orders, temporary or permanent injunctions, mandamus or other appropriateforms of remedy or relief.
Section 10.806. Compatibility with other Ordinance Requirements
Approvals issued pursuant to this Ordinance do not relieve the Applicant of the responsibilityto comply with or to secure required permits or approvals for activities regulated by any otherapplicable codes, rules, statutes, or ordinances.
Section 10.807. Appeals
A. Any person aggrieved by any action of the Municipality or its designee, relevant theprovisions of this ordinance, may appeal to the Municipality within thirty (30) days ofthat action.
B. Any person aggrieved by any decision of the Municipality, relevant to the provisions ofthis Ordinance, may appeal to the County Court of Corrunon Pleas in the county where.the activity has taken place within thirty (30) days of the Municipality's decision.
84
'\ APPENDIX A . STORM WATER MANAGEMENT DESIGN CRITERIA
Note: The attached Appendix A tables and graphs present suggested values, only.Data specific to your municipality should be incorporated when the Model Ordinance isadopted.
TABLE A-1
DESIGN STORM RAINFALL AMOUNT (INCHES)FOR 24-HOUR STORM EVENT
RETURN PRECIPITATIONFREQUENCY (INCHES)
(YEARS)1 2.22 2.65 3.010 3.525 4.350 4.7100 5.2
Source: Pennsylvania Department of Transportation "Storm Intensity;'Duration-Frequency. Charts", May 1986.
85
TABLE A-2RUNOFF CURVE NUMBERS(FROM NRCS (SCS) TR-55)·
RUNOFF CURVE NUMBERFOR INDICATED
HYDROLOG HYDROLOGIC SOIL
LAND USE Ie GROUP
CONDITION A B C D
Open Space:Poor Condition (grass cover < 50%) 68 79 86 89Fair Condition (grass cover 50% to 75%) 49 69 79 84Good Condition (grass cover> 75%) 39 61 74 80
Impervious AreasPaved parking lots, roof, driveways 98 98 98 98Streets and roads:
Paved; wi curbs and storm sewers 98 98 98 98Paved; wi open ditches 83 89 92 93Gravel 76 85 89 91Dirt 72 82 87 89
Urban Districts:Commercial and Business 89 92 94 95
81 88 91 93Residential Districts by average lot size:
1/8 acre or less (town houses) 77 85 90 92%acre 61 75 83 871/3 acre 57 72 81 86% acre 54 70 80 851 acre 51 68 79 842 acres 47 66 77 .82
Newly graded areas (pervious area, no 81 89 93 95veQetation)Agricultural Lands:
Fallow:Bare soil 77 86 91 94Crop residue cover Poor 76 85 90 93Crop residue cover Good 74· 83 88 90Pasture, grassland, or range Poor 68 79 86 89Pasture, grassland, or range Fair 49 69 79 84Pasture, grassland, or range Good 39 61 74 80
Agricultural Lands (continued):Row Crops:
Straight row Poor 72 81 88 91Straight row Good 67 78 85 89Straight row and crop residue cover Poor 71 80 87 90Straight row and crop residue cover Good 64 75 82 85
86
RUNOFF CURVE NUMBERFOR INDICA-TED
HYDROLOG HYDROLOGIC SOIL
LAND USE Ie GROUP
CONDITION A B C D
Contoured Poor 70 79 84 88Contoured Good 65 75 82 86Contoured and crop residue cover Poor 69 78 83 87Contoured and crop resid ue cover Good 64 74 81 85Contoured and terraced Poor 66 74 80 82Contoured and terraced Good 62 71 78 81Contoured, terraced & crop residue Poor 65 73 79 81Contoured, terraced & crop residue Good 61 70 77 80
Small Grain:Straight row Poor 65 76 84 88Straight row Good 63 75 83 87Straight row and crop residue Poor 64 75 83 86Straight row and crop residue Good 60 72 80 84Contoured Poor 63 74 80 85Contoured Good 61 73 81 84Contoured and crop residue Poor 62 73 81 84Contoured and crop residue Good 60 72 80 83Contoured and terraced Poor 61 72 79 82Contoured ahd terraced Good 59 70 78 81Contoured, terraced & crop residue Poor 60 71 78 81Contoured, terraced & crop residue Good 58 69 77 80
Meadow or Legumes:Straight row Poor 66 77 85 89Straight row Good 58 72 81 85Contoured Poor 64 75 83 85Contoured Good 55 69 78 83Contoured and terraced Poor 63 73 80 83Contoured and terraced Good 51 67 76 80
Meadow, continuous grass, protectedfrom QrazinQ and mowed for hay 30 58 71 78
Brush - brush/weed mixture . Poor 48 67 77 83Fair 35 56 70 77
Good 30 48 65 73Woods and grass combination (orchard) Poor 57 73 82 86
Fair 43 65 76 82Good 32 58 72 79
Woods Poor 45 66 77 83Fair 36 60 73 79
Good 30 55 70 77Farmsteads - buildings, lanes,driveways, and surroundinQ lots 59 74 82 86
87
( )
TABLE A-3RATIONAL FORMULA RUNOFF COEFFICIENTS
RUNOFFTYPE OF DRAINAGE AREA COEFFICIEN
TLawns:
Sandy soil, flat, <2% 0.05-0.10Sandy soil, average, 2-7% 0.10-0.15Sandy soil, steep, >7% 0.15-0.20Heavy soil, flat, <2% 0.13-0.17Heavy soil, average, 2-7% 0.18-0.22Heavy soil, steep, >7% 0.25-0.35
Business:Downtown areas 0.70-0.95Neighborhood areas 0.50-0.70
Residential:Single-family areas 0.30-0.50Multi units, detached 0.40-0.60Multi units, attached 0.60-0.75Suburban 0.25-0.40Apartment dwelling areas 0.50-0.70
Industrial:Light areas 0.50-0.80Heavy areas 0.60-0.90
Parks, Cemeteries 0.10-0.25Playgrounds 0.20-0.35Railroad Yard Areas 0.20-0.40Unimproved Areas 0.10-0.30Streets:
Asphaltic 0.70-0.95Concrete 0.80-0.95Brick 0.70-0.85
Drives and Walks 0.75-0.85Roofs 0.75-0.95
88
( 1( )
TABLE A-4MANNING ROUGHNESS COEFFICIENTS
ROUGHNESPIPE MATERIAL OR CHANNEL LINING S
COEFFICIENT
Cast Iron Pipe 0.013Concrete Pipe 0.012Corrugated Metal Pipe 0.024Corrugated Metal Pipe - Paved Invert 0.019High Density Polyethylene Pipe (HOPE) - Smooth Lined 0.012High Density Polyethylene Pipe (HOPE) - Corrugated 0.018Plastic Pipe (PVC, SOR, S&O) 0.011Earth-lined Channel (few rocks) 0.020Earth-bottomed Channel with Rock Sides 0.030Grass-lined Channel 0.050
89
\0o
n1)
:0n1>.I...l.
I••~
",
.--------- ."
->,'
'.
STANDARD SCS 24-HOUR, lYPE II RAINFALL DISTRIBUTIONCUMULATIVE RAINFALL CURVE
1~ .
. 0.9, ".. ~~.
0.8 .• .-l.....-u. wo~· ./Z :::J' 0.7 .t'., I I I I~ 5 .. T I IT·u > 0.6 :.' I I I· I;£::1 " ." I I I I T 1
~ ~ 0.5 .' .>-~!;;:.oc 0.4 . .~~. /:J:«:2 b 0.3' [/ . .:::J J-.u ~
.0.2 '. • • . y-;7" f •
. 01 _L.---" .•. -~ . .. 0 •
.. 0 1 2 3 '4 5 B 7 8 9 10 11 12 13 14 :15 16 17 18 19 20 21' 22 23 24TIME {HOURS}
I
",
/-")
:z;aor:.r;
---..r:n(")r:J;l.........-i-<um"T!-:(i);tic
. ».;:cr£omIT}>»~rroCf)
--{;D
OJc-loz
.'
Penri DOT RAI/\lFALL CUF~VES FOR REGIOI~ 2
FIGURE A~2 "PEI~I-J[lOT STORIv1INTE/\j SITY;.OL:JR.ATIOI~MFREQ.lI EI~CY CURVE
REGION 4 .
I/------;--'·ro----------.----------~-----------r__,I "\, "
. ,
RAII~FALL DURATIOI\l-II~TEI~SITYMFREQUEI~CY
"
I-...
I""'::~ ........... ............~.....: ~.::s::1:---..." .........
'. .......~~ :'::
.....r-~ :::.-......;-. ,......r--, . ..... ,,-.
"'" .... ''-.., "'- ""'."'- ',-~ ............... ~, ~'
........:::' ~~'" ........ '-...
~ " ......~ I...... ,0~~ ... ...
'-... ,I~~
I.......f~~~ r~t"- ~" t.......... - ,-' .... r,... ' ... "- ..... ',. ' .....
'-....' ' .... I'.... ..... r-... .,,........ "'- . r-",I\, ......... "r.... I..... I"- ~"" >1"
~r-",
r-......: "....1'..K~
"h: ;"\' '" '),1"0 1\.:--'"l'.....~, "-i'..'..... I"- r.....'.-:.....,. r-..
"r-.."- t'-.~"'"~........
. 1'-',~~. "-...
. I~~..
11
IiIi
.-.. <1~:J
30.:C
ifjl1/:c 2IIZ;::.
rtViz 1·wI-
.86:i •6~z .5
~ .~.3
"'l:J.
.1HOURS .1
'MINuTes 5'6 10 15 20.•5 1 23D 40 5060
STORM'DURATiON
.:; 4 5 5 B 1012
icoi2w .II.
I,10D502510.5.',
21
15 24
"
, .
RAINFALL'DURATION-VDLUME-FREQUENCY
V/ -" ZI-l-v""'v"-'4~4,~/~/"b~I/,...e:::;~4-4-.j--4-.j--I-+-l-.j-+-4-1-~+-I---l--1 !5h~~v4l:"4~-4, ~v:::.,../c::+.,....::j--~-I--+.• -+--I--I--I--t.-1-~.J-4-l--I-I--I-I--4--1~
~vv V
.... 6,m6·w
:t·u 4\:z::;.w 3
,~
30
2.>:l<IL:z:~ 1...
.8
.6
.6
,~
.3
HOURS, 1~INurcs
.1'5 6
" .B 10 15 20
,5 1 2'30 40 5060
STORM DURATiON01
,T'3 04 5 Ii ~ ·10 12 "16 ,24,
. "
APPENDIX B - SAMPLE DRAINAGE PLAN APPLICATION AND FEE SCHEDULE
DRAINAGE PLAN APPLICATION
(To be attached to the "land subdivision plan or development plan review applicationOr "minor land subdivision plan review applicationll
)
Application is hereby made for review of the storm water management and erosion andSedimentation control plan and related data as submitted herewith in accordance withThe township storm water management and earth disturbanceOrdinance.
____ final plan ____ preliminary plan ______ sketch plan
Date of submission:-------1. Name of subdivision or development
Submission no:--------
2. Name of applicant telephone no. _
(if corporation, list the corporation's name and the names of two officers of thecorporation)
Address _
City Zip Code _
Applicants interest in subdivision or development
(if other than -property owner give owners name and address)
3. Name of property owner ~ Telephone No. _Address City _Zip Code _
Name of engineer or surveyor _
Telephone no. ~Address _
City Zip Code _
92
1. Type of subdivision or development proposed:
__Single Family lots__ Two Family lots
Cluster lots--Planned Residential--
Townhouses---___ Garden Apartments___ Campground______ Other
__ Commercial (multi lot)__ Commercial (one lot)__ Industrial (one lot)
If other, describe type of development _
5. Lineal feet of new road proposed? l.f.
6. Area of proposed and existing impervious area on entire tract.
a. Existing (to remain) sJ. % of propertyb. Proposed sJ. % of property
7. Storm water
a. Does the peak rate of runoff from proposed conditions exceed that flow whichoccurred for predevelopment conditions for the designated design storm?
b. Design storm utilized (on-site conveyance systems) (24 hr.)(check one)
- no. of subareas _- watershed name-------------- If other, explain:
c. Does the submission meet the release rate and/or district criteria for the applicablesubarea?
d. Number of subareas from Release Rate Map of the Kishacoquillas Creek WatershedStorm Water Management Plan, as applicable.
e. Does the submission meet the requirements for infiltration and extended detention?
f. Type of proposed runoff control _
g. Does the proposed storm water control criteria meet the requirement/guidelines of thestorm water ordinance? .
93
h. Does the plan meet the requirements of Article III of the storm water ordinance?
i. Was TR-55, June 1986 utilized in determining the time of concentration?
j. What hydrologic method was used in the storm water computations?
k. Is a hydraulic routing through the storm water control structure submitted?
I. Is a construction schedule or staging attached? _
m. Is a recommended maintenance program attached? _
8. Has an Erosion and sediment pollution control (e&s) been submitted to the CountyConservation District?
a. Total area of earth disturbance s.f.
9. Wetlands
a. Have the wetlands been delineated by someone trained in wetland delineation?
b. Have the wetland lines been verified by a state or federal permitting authority?
c. Have the wetland lines been surveyed?
d. Total acreage of wetland within the property _
e. Total acreage of wetland disturbed
f. Supporting documentation
10. Filing
a. Has the required fee been submitted? _
Amount $ _
94
b. Has the proposed schedule of construction inspection to be performed by theapplicant's engineer been submitted?
c. Name of individual who will be making the inspections _
d. General comments about storm water management at development site
95
(-\)
CERTIFICATE OF OWNERSHIP AND ACKNOWLEDGMENT OF APPLICATION:COMMONWEALTH OF PENNSYLVANIA COUNTY OF MIFFLIN
On this the day of ,20 I before me, theundersigned officer, personally appeared~ -:---_-:-- _who being duly sworn, according to law, desposes and says that _owners of the property described in this application and that the application was madewith knowledge and/or direction and does hereby agreewith the said application and to the submission of the same.
Property Owner(s)
My Commission Expires ,20_~__
________________Notary Public
THE UNDERSIGNED HEREBY CERTIFIES THAT TO THE BEST OF HISKNOWLEDGE AND BELIEF THE INFORMATION AND STATEMENTS GIVEN ABOVEARE TRUE AND CORRECT.SIGNATURE OF APPLICANT _
This Information To Be Completed By The Municipality
_________ Township official submission receipt
Date complete application received Plan number _
Fees Date fees paid Received by _
Official submission receipt date
Received by _
96
FEE SCHEDULE
____________ Township
Drainage PlanSchedule of Fees
Subdivision name Submittal no.----------- ------
Owner Date---------------- -------Engineer _
. 1. Filing fee $ _2. Land use
2a. Subdivision, campgrounds, mobile home parks, and $ _multi-family dwelling where the units are locatedin the same local watershed
2b. Multi-family dwelling where the designated open space $ _is located in a different local watershed from theproposed units.
2c. Commercial/industrial $-----3. Relative amount of earth disturbance
3a. Residentialroad <500 Lf. $-----road 500-2,640 I.f. $ _road >2,640 I.f. $ _
. 3b. Commerciallindustrial and otherimpervious area <3,500 s.f. $ _impervious area 3,500-43,460 s.f. $ _impervious area >43,560 s.f. $ _
4. Relative size of project4a. Total tract area <1 ac $-----
1-5 ac $-----5-25 ac $-----25-100 ac $ _100-200 ac $ _>200 ac $-----
97
5. Storm water control measures5a. Detention basins & other controls which
require a review of hydraulic routings($ per control)
5b. Other control facilities which requirestorage volume calculations but no hydraulicroutings. ($ per control)
6. Site inspection ($ per inspection)
total
$-----
$-----
$----
$-----
All subsequent reviews shall be 1/4 the amount of the initial review fee unless a newapplication is required as per section 406 of the storm water ordinance. A new fee shallbe submitted with each revision in accordance with this schedule.
98
2.
('-------.....,
)3.
Appendix C
THIS AGREEMENT, made and entered into this day of ,20_, by and between , (hereinafter the"Landowner"), and , Mifflin County,Pennsylvania, (hereinafter "Municipality");
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property as recorded bydeed in the land records of Mifflin County, Pennsylvania, Deed Book atPage , (hereinafter "Property").
WHEREAS, the Landowner is proceeding to build and develop the Property; and
WHEREAS, the Subdivision/Land Management Plan (hereinafter "Plan") for the____________ Subdivision which is expressly made a part hereof,as approved or to be approved by the Municipality, provides for detention or retention of
('''' storm water within the confines of the Property; and\ /,11"-
WHEREAS, the Municipality and the Landowner, his successors and assignsagree that the health, safety, and welfare of the residents of the Municipality require thaton-site storm water management facilities be constructed and maintained on theProperty: and
WHEREAS, the Municipality requires, through the implementation of the_______________ Watershed Storm Water ManagementPlan, that storm water management facilities as shown on the Plan be constructed andadequately maintained by the Landowner, his successors and assigns.
NOW, THEREFORE, in consideration of the foregoing premises, the mutualcovenants contained herein, and the following terms and conditions, the parties heretoagree as follows:
1. The on-site storm water management facilities shall be constructed by theLandowner, his successors and assigns, in accordance with the terms, conditionsand specifications identified in the Plan.
The Landowner, his successors and assigns, shall maintain the storm watermanagement facilities in good working condition, acceptable to the Municipality sothat they are performing their design functions .
The Landowner, his successors and assigns, hereby grants permission to theMunicipality, his authorized agents and employees, upon presentation of properidentification, to enter upon the Property at reasonable times, and to inspect the
99
storm water management facilities whenever the Municipality deems necessary. Thepurpose of the inspection is to assure safe and proper functioning of the facilities.The inspection shall cover the entire facilities, berms, outlet structures, pond areas,access roads, etc. When inspections are conducted, the Municipality shall give theLandowner, his successors and assigns, copies of the inspection report with findingsand evaluations. At a minimum, maintenance inspections shall be performed inaccordance with the following schedule:
• Annually for the first 5 years after the construction of the storm water facilities,• Once every 2 years thereafter, or• During or immediately upon the cessation of a 100 year or greater
precipitation event.
4. All reasonable costs for said inspections shall be born by the Landowner andpayable to the Municipality.
5. The owner shall convey to the Municipality easements and/or rights-of-way to assureaccess for periodic inspections by the Municipality and maintenance, if required.
6. In the event the Landowner, his successors and assigns, fails to maintain the stormwater management facilities in good working condition acceptable to the Municipality,the Municipality may enter upon the Property and take such necessary and prudentaction to maintain said storm water management facilities and to charge the costs ofthe maintenance and/or repairs to the Landowner, his successors and assigns. Thisprovision shall not be construed as to allow the Municipality to erect any structure of apermanent nature on the land of the Landowner, outside of any easement belongingto the Municipality. It is expressly understood and agreed that the Municipality isunder no obligation to maintain or repair said facilities, and in no event shall thisAgreement be construed to impose any such obligation on the Municipality.
7. The Landowner, his successors and assigns, will perform maintenance in accordancewith the maintenance schedule for the storm water management facilities includingsediment removal as outlined on the approved schedule and/or Subdivision/LandManagement Plan.
8. In the event the Municipality, pursuant to this Agreement, performs work of anynature, or expends any funds in performance of said work for labor, use ofequipment, supplies, materials, and the like on account of the Landowner's or hissuccessors' and assigns' failure to perform such work, the Landowner, hissuccessors and assigns, shall reimburse the Municipality upon demand, within 30days of receipt of invoice thereof, for all costs incurred by the Municipality hereunder.If not paid within said 3D-day period, the Municipality may file a Municipal Claim andenter a Municipal Lien against the property in the amount of such costs, or mayproceed to recover his costs through proceedings in equity or at law as· authorizedunder the provisions of the Pennsylvania Second Class Township Code.
9. The Landowner, his successors and assigns, shall indemnify the Municipality and hisagents and employees against any. and all damages, accidents, casualties,occurrences or claims which mighfarise or be asserted against the Municipality for
100
the construction, presence, existence or maintenance of the storm water~) management facilities by the Landowner, his successors and assigns.
1a.ln the event a claim is asserted against the Municipality, his agents or employees, theMunicipality shall promptly notify the Landowner, his sucqessors and assigns, andthey shall defend, at their own expense, any suit based on such claim. If anyjudgment or claims against the Municipality, his agents or employees shall beallowed, the Landowner, his successors and assigns shall pay all costs andexpenses in connection therewith.
11.ln the advent of an emergency or the occurrence of special or unusual circumstancesor situations, the Municipality may enter the Property, if the Landowner is notimmediately available, without notification or identification, to inspect and performnecessary maintenance and repairs, if needed, when the health, safety or welfare ofthe citizens is at jeopardy. However, the Municipality shall notify the landowner of anyinspection, maintenance, or repair undertaken within 5 days of the activity. TheLandowner shall reimburse the Municipality for his costs.
/----..)"'.,
This Agreement shall be recorded among the land records of MifflinCounty, Pennsylvania and shall constitute a covenant running with the Propertyand/or equitable servitude, and shall be binding on the Landowner, hisadministrators, executors, assigns, heirs and any other successors in interests,in perpetuity.
101
ATTEST:
WITNESS the following signatures and seals:
(SEAL)
Landowner:
ATTEST:
For the Municipality:
(SEAL) For the
____________ (City, Borough, Township)
County of Mifflin, Pennsylvania
I, , a Notary Public in and for theCounty and State aforesaid, whose commission expires on the day of_______, 20_, do hereby certify that______---:-_--:--__---:-:-- whose name(s) is/are signed to theforegoing Agreement bearing date of the day of _20_, has acknowledged the same before me in my said County and State.
GIVEN UNDER MY HAND THIS day of , 20 .
NOTARY PUBLIC (SEAL)
102
Armagh
Legend
100% Release Rate
~ 75% Release Rate
CJ Township Boundary
Main Roads
Main Streams
KISHACOQUILLAS CREEK WATERSHEDACT 167 STORMWATER MANAGEMENT PLAN
APPEDIX D: RELEASE RATE PERCENTAGES
CERTIFICATE
I, DAVID 1. FREY, do hereby certify that I am Borough Secretary of the Borough of
Lewistown; that in said capacity I have custody of the official Minute Book of the said Borough;
that the annexed Resolution was duly adopted at a meeting of the Borough Council of said
Borough held on St=:."'''''~I3t::4. J1-, 2009, of which due public notice was given and at
which a quorum was present, that the said Resolution was duly recorded among the official
minutes of the said Lewistown Borough Council and that the same has not been altered, amended
......~ .. ...-/'
or rescinded but remains in full force and effect.
Certified this~ day of S:-c:~-e'?ll.
LEWISTO
(AFFIX SEAL HERE)
,2009.
o
RESOLUTION NO. 2009--.lLOF THE BOROUGH OF LEWISTOWN
MANDATORY POLICY AND PROCEDURE FORFILING SUBDIVISION AND LAND DEVELOPMENT PLANS
WHEREAS, the Borough of Lewistown requires a brief summary to be used iIi a
complementary manner in relation to the Subdivision and Land Development Ordinance of the
Borough of Lewistown which summary sets forth the basic procedures applicable to the filing of
Subdivision and Land Development Plans;
WHEREAS, the intent is to provide a brief summary that can easily be distributed to the
developers and their agents upon inquiry about the subdivision and land development process or
at the time of the filing of an application in relation to a subdivision and land development plan
so as to familiarize developers and their agents as regards various timelines and the documents or
information that is required by the Borough ofLewistown so that proper review and
consideration may be given to duly filed subdivision and land development plans.
NOW THEREFORE, BE IT RESOLVED, incorporating the aforesaid recitals as an
integral part hereof, that the attached "BOROUGH OF LEWISTOWN MANDATORY POLICY
AND PROCEDURE FOR FILING SUBDIVISION AND LAND DEVELOPMENT PLANS"
marked as Exhibit "A" and incorporated herein by reference, be adopted as a policy by the
Borough of Lewistown.
BE IT FURT~ER RESOLVED, that the officers and agents of the Borough of
Lewistown, on behalf of the Borough of Lewistown, be authorized to take all appropriate actions
so as to implement the use of the said policy as are necessary and appropriate so as to effectuate
the intent of this Resolution.
BE IT FURTHER RESOLVED, that the attached "BOROUGH OF LEWISTOWN
MANDATORY POLICY AND PROCEDURE FOR FILING SUBDIVISION AND LAND
DEVELOPMENT PLANS" be effective as of the date of the adoption of this Resolution.
ADOPTED AS A RESOLUTION this~ day of~E)?TEMI)!Slt ,2009.
BOROUGH OF LEWISTOWN
By: ?c~B~V «~ President of Borough Council:;---
(SEAL)
· . '
EXHIBIT A
~)
/
BOROUGH OF LEWISTOWNMANDATORY POLICY AND
PROCEDURE FOR FILING SUBDIVISIONAND LAND DEVELOPMENT PLANS
Statement of Purpose: The Codes Office and the BoroughCouncil of the Borough of Lewistown have become concerned with thefailure ofDevelopers to familiarize themselves with the Subdivision andLand Development Ordinance of the Borough ofLewistown and/or to.obtain sufficient professional assistance when navigating the subdivisionand land development process and in submitting subdivision and landdevelopment plans. Such has consistently resulted in incomplete plansbeing presented by Developers. The result has been the necessity forrepetitive resubmissions or requests for conditional approval pending thereceipt of required information, all of which has resulted in delays inobtaining final approval ofplans. The Subdivision and LandDevelopment process requires strict attention to detail by the Developerand his/her/their/its professionals..
o Frequently, the Borough Council of the Borough ofLewistown hasbeen requested to waive requirements or to approve plans pendingcompliance with such basic requirements of the Subdivision and LandDevelopment Ordinance as signatures of landowners, signatures, sealsand certifications by land surveyors and engineers and the submission ofrequired permits and information from other agencies such as the MifflinCounty Conservation District, the Municipal Authority of the BoroughofLewistown (the "Water Company") and otherwise. While there mayinstances where plans may be approved with conditions, such should notbe a routine practice.
It is the responsibility of the Developer and his/her/their/itssurveyor, engineer or design professional to be familiar with therequirements of the Lewistown Borough Subdivision and LandDevelopment Ordinance and the Pennsylvania Municipalities PlanningCode. It is also the responsibility of the Developer and his/her/their/itssurveyor, engineer or design professional to be familiar with thetimelines of such process and to prepare for the same and submit plans
)
1
()
and present the required information taking into account such timelines.Failure so to do may result in delays in consideration and BoroughCouncil action on the application and plan.
Accordingly, while not intended to be all inclusive, (please consultthe Lewistown Borough Subdivision and Land Development Ordinanceand the Pennsylvania Municipalities Planning Code for a completelisting of requirements), the following are some basic requirements withwhich the Developer and his/her/their/its surveyor, engineer or designprofessional must comply with in order to successfully obtainLewistown Borough Council approval of his/her/their/its subdivisionand land development plan:
1. ALL SUBDIVISION AND LAND DEVELOPMENT PLANS(WHETHER PRELIMINARY OR FINAL) SHALL BE SUBMITTEDAND FILED AT THE BOROUGH CODES OFFICE.
2. TO BE REVIEWED AT A BOROUGH PLANNINGCOMMISSION MEETING THEY MUST BE SUBMITTED ATLEAST TEN (10) DAYS PRIOR TO THAT MEETING.
3. EIGHT (8) COPIES OF THE PLANS SHALL BE SUBMITTEDWHEN FILED. (THE ADDITIONAL TWO (2) COPIES INEXCESS OF THE BASIC ORDINANCE REQUIREMENTS AREDUE TO THE MIFFLIN COUNTY PLANNING COMMISSION'SREQUIREMENT OF THREE (3) COPIES.)
4. THE SUBMISSION SHALL BE ACCOMPANIED BY THE FEEREQUIRED FOR REVIEW MADE PAYABLE TO THE BOROUGHOF LEWISTOWN.
5. AT THE SAME TIME AS THE FILING OF THE PLANS WITH THEBOROUGH CODES OFFICE, DEVELOPER SHALL ALSOPRESENT A COMPLETED AND SIGNED COPY OF THE "MIFFLINCOUNTY PLANNING AND DEVELOPMENT DEPARTMENTSUBDIVISION AND LAND DEVELOPMENT APPLICATION"TOGETHER WITH THE REQUIRED FEE MADE PAYABLE TOTHE MIFFLIN COUNTY PLANNING AND DEVELOPMENT
(-') DEPARTMENT..~
2
()
6. THE BOROUGH CODES OFFICE SHALL FORWARD THECOUNTY APPLICATION, THE FEE MADE PAYABLE TO THECOUNTY AND THREE (3) COPIES OF THE PLANS TO THEMIFFLIN COUNTY PLANNING COMMISSION FOR ITS REVIEWWHICH SHALL TAKE PLACE WITHIN THIRTY (30) DAYS OFTHE DATE THAT THE PLANS WERE FORWARDED TO THECOUNTY PLANNING COMMISSION BY THE BOROUGH CODESOFFICE.
7. YOU ARE ADVISED THAT THE BOROUGH COUNCIL WILLNOT CONSIDER A PLAN FOR APPROVAL UNTIL COMMENTSARE RECEIVED FROM BOTH THE LEWISTOWN BOROUGHPLANNING COMMISSION AND THE MIFFLIN COUNTYPLANNING COMMISSION OR UNTIL THE EXPIRATION OFTHIRTY (30) DAYS FROM THE DATE LAST IN TIME THAT THEAPPLICATION WAS FORWARDED TO BOTH THE LEWISTOWNBOROUGH PLANNING COMMISSION AND THE MIFFLINCOUNTY PLANNING COMMISSION.
8. UNLESS AN EXTENSION OF TIME IS REQUESTED ANDAGREED TO BY ALL CONCERNED, THE BOROUGH COUNCILWILL ACT UPON THE APPLICATION AND THE PLAN NOTLATER THAN NINETY (90) DAYS FOLLOWING THE DATE OFTHE REGULAR MEETING OF THE LEWISTOWN BOROUGHPLANNING COMMISSION IMMEDIATELY FOLLOWING THEDATE THAr THE PLAN IS FILED* * OR AFTER AN ORDER OFCOURT REMANDING THE APPLICATION.
* *NOTE: IF THE REGULAR MEETING OF THE LEWISTOWN BOROUGHPLANNING COMMISSION SHOULD OCCUR MORE THAN THIRTY (30) DAYSFOLLOWING THE FILING OF THE PLAN, THE NINETY (90) DAY PERIODSHALL BE MEASURED FROM THE THIRTIETH (30TH
) DAY FOLLOWING THEDATE THE PLAN IS FILED.
9. BOROUGH COUNCIL SHALL EITHER (1) APPROVE THE FINALPLAN, (2) APPROVE THE FINAL PLAN SUBJECT TO OR WITHCONDITIONS OR (3) DISAPPROVE THE FINAL PLAN FORREASONS STATED.
10. WHEN PRESENTING THE PROPOSED FINAL PLAN TOBOROUGH COUNCIL FOR APPROVAL SUCH SHOULD BE IN
---, FINAL FORM. THAT IS:( )
3
C)
A. AT LEAST FOUR E4) COUNTERPARTS SHALL BE PRESENTEDTO BOROUGH COUNCIL FOR APPROVAL AND SIGNATURES;
B. ALL COMMENTS AND CORRECTIONS SUGGESTED BY THEPLANNING COMMISSION SHOULD BE ADDRESSED AND/ORMADE',
C. THE PLAN SHOULD COMPLY WITH THE PROVISIONS FORALL REQUIRED INFORMATION MANDATED BY THESUBDIVISION AND LAND DEVELOPMENT ORDINANCE,SPECIFICALLY INCLUDING, BUT NOT LIMITED TO:
i. THE PROPERTY OWNER(S) MUST HAVE DULYSIGNED THE PLAN AND SUCH SIGNATURE(S) MUSTBE DULY ACKNOWLEDGED BY A NOTARY PUBLIC;
ii. THE LEWISTOWN BOROUGH PLANNINGCOMMISSION CERTIFICATE SHOULD BE DULYSIGNED BY THAT ENTITY;
iii. THE MIFFLIN COUNTY PLANNING COMMISSIONCERTIFICATE SHOULD BE DULY SIGNED BY THATENTITY;
iv. THE SURVEYOR OR ENGINEER WHO HASPREPARED THE PLANS MUST HAVE SIGNED ANDSEALED THE SAME; AND
v. ALL OTHER APPLICABLE REVIEWS ANDAPPROVALS SHOULD HAVE BEEN OBTAINED, ORTHEIR ABSENCE BE DULY ADDRESSED, INCLUDING,BUT NOT LIMITED TO, PA DEPARTMENT OFENVIRONMENTAL RESOURCES (PA DEP) AND MIFFLINCOUNTY CONSERVATION DISTRICTAPPROVAL,LETTERS ACKLNOWLEDGING WATER AND SANITARYSEWER AVAILABILITY, A COpy OF THE PADOTHIGHWAY OCCUPANCY PERMIT (HOP), IFAPPLICABLE, TRAFFIC STUDIES AND REQUIREDSTORM WATER INFORMATION AND APPROVALS, IFAPPLICABLE, AND ALL OTHER NECESSARY ANDPERTINENT INFORMATION REQUIRED.
4
J d '.' r('
11. EXCEPT IN THE MOST BASIC OF SUBDIVISION AND LANDDEVELOPMENT PLANS, A DEVELOPER IS URGED TOINVOLVE HIS/HER/THEIR/ITS SURVEYOR, ENGINEER ORDESIGN PROFESSIONAL IN THE APPROVAL PROCESS ANDHAVE HIM OR HER PRESENT AT THE MEETINGS OF THELEWISTOWN PLANNING COMMISSION AND THE BOROUGHCOUNCIL OF THE BOROUGH OF LEWISTOWN. IT IS FARTOO FREQUENT THAT PLANS HAVE BEEN PRESENTED TOBOROUGH COUNCIL BY DEVELOPERS THAT ARE NOTFAMILIAR WITH THE PROCESS, NOT FAMILIARWITH WHAT ISREQUIRED TO BE SHOWN ON A PLAN OR TO ACCOMPANY APLAN AND IS UNABLE TO ANSWER QUESTIONS CONCERNINGTHE PLAN EXCEPT THAT A SPECIFIC SURVEYOR, ENGINEEROR DESIGN PROFESSIONAL HAD PREPARED THE PLAN. SUCHRESULTS IN DELAY IN CONSIDERATION AND APPROVAL OF APLAN AND MAY RESULT IN REJECTION OF A PLAN.
*********************************************************
()Instructions: At the time of the filing of a Subdivision and Land .Development Plan and related documents the Codes Office shall giveone (1) counterpart of this document to the Developer or his/her/their/itsagent who is filing the Subdivision and Land Development Plan andrelated documents and shall keep one (1) counterpart in the Codes OfficeFile for the Development.
***********************************************************
DEVELOPER ACKNOWLEDGMENTOF RECEIPT OF POLICY:
I have this day received a copy of the above "BOROUGH OFLEWISTOWN MANDATORY POLICY AND PROCEDURE FORFILING SUBDIVISION AND LAND DEVELOPMENT PLANS"consisting of five (5) typewritten pages and acknowledge the receipt thereof.
Developer or Authorized Agent
.Dated: -------
5
