Chapter 120

$ 120-1. $ 120-2. $ 120-3. Q 120-4. $ 120-5. $ 120-6.

$ 120-7.

SUBDIVISION OF LAND

ARTICLE I Purpose and Authority

Adoption of regulations.. Purpose and grant of power. Effective date. Title. Subject properties. Sale of lots.

ARTICLE I1 Terminolqgy

Q 120-19. Street requirements. 0 120-20. Lots. $ 120-21. Building lines. Q 120-22. Blocks. Q 120-23. Easements. $ 120-24. Sidewalks. Q 120-25. Reserved areas. Q 120-26. Street names. Q 120-27. Access.

ARTICLE V Improvement and Constmction

Requirements Definitions; word usage.

ARTICLE III Plat Requirements and Processing

Procedures

5 120-8. Plat required. 3 120-9. Preapplication plans and data:

procedure. $ 120-10. Preapplication plans and data:

specifications. $ 120-1 1. Preliminary plan review. $120-12. Preliminary plans and data. 0 120-13. Approval of final plan. $ 120-14. Final plan and data required

for approval; $ 120-15. Resubdivision or replatting. 6 120-16. Subdivisions of fewer than three

lots. .

Q 120-28. Responsibility of subdivider. 5 120-29. Monuments. 0 120-30. Utility and str'eet improvements. $120-31. Water supply. 0 120-32. Sanitary sewers. Q 120-33. Storm sewers. $ 120-34. Streets, curbs, base and

pavement. 6 120-35. Sidewalks. Q 120-36. Other utilities. 0 120-37. Street signs. $ 120-38. Street trees. $ 120-39. Minimum openness. 0 120-40. Existing natural conditions

(trees and streams). $ 120-41. Performance guaranties.

ARTICLE IV Design Standards . '

ARTICLE VI Planned Unit nevetopment

Q 120-42. Inteht. Q 120-43. Procedure.

9 120-17. Application of standards. 0 120-18. Land requirements.

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3 120-1 INDUSTRY CODE 0 120-1 i

9 120-44, Lot sizes. 0 120-54. Changes. .

5 120-45. Improvement and construction 0 120-55. Variances.

3 120-46. Maximum land coverage. approval.

!j 120-48. Allowable premiums for

requirements. 0 120-56. Certificates, affidavits and

. ' 0 120-47, Maximum density. . 8 120-57. Violations and penalties.

additional open space and/or development amenities.

ARTICLE IX Design Standards and Improvement

9 120-49. Minimum building setback. 0 120-50. Maximum length of buildings.

Requirements in Designated Floodplain .Districts

0 120-58. Purpose.. '

8 120-59. Sewer facilities. 8 120-GO. Water Fahitics.

, ARTICLEVII Conditions of Acceptance

8 120-51. Recording. 0 12041. Other utilities and Facilities. 0 120-52. Approval. 0 120-62. Additional requirements for

ARTICLE VI11 3 120-63. Additional requirementi for preliminary plans

Administration and Modification final plans.

Q 120-53. Supersession of prior regulations.

[HISTORY: Adopted by the Borough Council of the Borough of Industry 10-1-1969 by Ord. No. 30-69. Amendments noted where applicable.]

GENERAL REFERENCES

S e w e n -See Ch. 102. Zoning -See Ch. 140.

ARTICLE I Purpose and Authority

0 120-1. Adoption of regulations.'

The following rules and regulations for the subdivision of land in the Borough of Industry, Beaver County, Pennsylvania, were adopted by the Borough Council pursuant to Article V, Section 501, of the Pennsylvania Municipalities Planning Code, Act 247, as amended.2

Editor's Note: Amended a t time of adoption of Code (see Ch. 1, General Provisions, Art. I).

' Editor's Note: See 53 P.S. 0 10101 et seq.

I < 12602

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Q 120-2 SUBDIVISION OF LAND Q 120-7

§ 120-2. Purpose and grant of power.

For the purpose of assuring sites suitable for building purposes and human habitation and to. provide for the harmonious development of the borough for adequate open spaces, for traffic, recreation, light and air and for proper distribution of population, thereby creating conditions

\ favorable to the health, safety, morals and general welfare of the citizens, the Borough Council is hereby empowered to adopt, by resolution, land subdivision regulations. Such regulatips may include definitions, design standards, plan requirements, plan processing procedures, improvement construction requirements, and conditions of acceptance of public improvements by the borough.

0 120-3. Effective date.

These regulations shall become effective on J u n e 18, 1998, ’ and shz1.1 remian i n in affect unti l . m d i f i e d or rcm5nded by t h e Borough Council.

0 120-4. Title.

These regulations shall be known and may be cited as “The Industry Borough Subdivision Regulations.”

0 120-5.. Subject properties.

No subdivision of any lot, tract or parcel of land shall be effected and no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon except in strict accordance with the provisions of these regulations.

9 120-6. Sale of lots.

No lot in a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued and no building may be erected in a subdivision unless and until a subdivision plan has been approved and recorded and until the improvements required by the Borough Planning Commission in connection therewith have either been constructed or guaranteed as hereinafter provided.

ARTICLE I1 Terminology

0 120-7. Definitions; word usage.

A. For the purpose of these regulations, words used in the present tense include the future tense, the terms ‘Ishall” and “will” are always mandatory, and the word “may” is permissive. .

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5 120-7 INDUSTRY CODE 8 120-7

B. Unless otherwise expressly stated, the following words shall, for the purpose of these regulations, have the meanings herein indicated:

. ALLEY - A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.

APPLICANT- A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assign^.^ APPLICATION FOR DEVELOPMENT - Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.4

AVAILABLE SEWER - A municipal sewer is considered available if it is located within 1,000 feet or less from the nearest point of a subdivision.

BOROUGH -The Borough of Industry.

BUILDING LINE - The line within the property defining the required minimum distance between any enclosed structures and the adjacent street right-of-way.

CARTWAY - That portion of the street right-of-way surfaced for vehicular use. Width is determined from face of curb to face of curb.

CLEAR SIGHT TRIANGLE - That triangular area lying between the intersection of two streets and the line of sight across the comer lots from points at a giyen distance along the center line of each street. For example, where two minor or local streets intersect, the sight triangle shall be determined as the area bounded by two sides which extend along the centerlines of the intersecting streets to points located at a predetermined distance from the intersection of the center lines. These two points are then connected‘ by a third side which crosses the corner of the lot and completes the sight triangle.

COMMISSION -The Planning Commission of Industry Borough.

COUNCIL -The Borough Council of Industry Borough.

COVENANT - An obligation defined by law or agreement, the violation of which can be restrained by court action; these are usually stated in the deed.

CUL-DE-SAC - A residential street with one end open to traffic and pedestrian access and permanently terminated by a vehicular turnaround.

DEVELOPER - Any person, individual, firm, partnership, association, corporation, ”;, estate, trust or any other group or corporation acting as a unit dividing or proposing to

divide land, so as to constitute a subdivision, as defined by the Borough Code,5 and includes any agent of the developer.,

Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. 1).

Editor’s Note: Added at time of adoplion of Code (see Ch. 1, General Provisions, Art. I).

Editor’s Note: See See 53 P.S. 9 45101 et seq. ’

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0 120-7 SUBDIVISION OF LAND . 3 120-7

EASEMENT - Grant by a property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, a corporation or a certain person or persons.

,I ENGINEER - The Engineer of the-Borough of Industry.

. ESSENTIAL SERVICE - The erection, construction, alteration or maintenance by public ,

utilities or municipal 'departments or commissions, .including buildings necessary for .the furnishing of adequate services for the public hea1th;safety or general welfare:.

.,': FRONT YARD - The open space extending across the width of the lot, between the front building line and the street right-of-way line,

GROUP HOUSING PROJECT - Where two or more residential buildings are constructed on a plot of ground not subdivided into customary lots and streets as in the instance of townhouse development.

IMPROVEMENTS - Those physical-changes to the land necessary to produce usable and desirable lots from raw acreage, including but not limited to grading, paving, curbing, gutters, storm sewers and drains, improvements to existing watercourses, sidewalks, crosswalks, street signs, monuments, water supply facilities and sewage disposal facilities. ..

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. . LAND DEVELOPMENT6 - Any of the following activities:

(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

(b) The d i h i o n or allocation of land or space, whether initially or cumulatively, 'between or among two or mare existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

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I . '

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(2) A subdivision of land

(3) Development in accordance with 53 P.S. 3 10503(1.1).

LOT- A tract or parcel of land intended for the transfer of ownership, use or improvement, whether immediate or future.

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LOT DEPTH -The horizontal distance between the front lot line and the rear lot line.

PERSON - Natural person, joint venture, joint-stock .company, partnership, association, club, company, corporation, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them.

PLAN, COMPREHENSIVE - The Comprehensive Plan of Industry Borough.

b

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

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5 120-7 lNDUSTRY CODE 3 120-7 . .

PLAN, FINAL - A complete and exact subdivision plan, prepared for official recordings as required by statutes, t o define property lines and proposed streets and other improvements.

PLANNED UNIT DEVELOPMENT - A large-scale developmentbto be constructed by a single owner or group of owners acting jointly, located on a tract approved as an improvement subdivision, involving a related group of uses, planned as an entity and, therefore, susceptible to development and regulation as one complex land use unit, rather than as a mere aggregation of individual buildings located on separate unrelated lots.

PLANNING COMMISSION - The legally appointed Planning Commission of Industry Borough, Beaver County, Pennsylvania.’ .

PLAN, PRELIMINARY - A tentative subdivision plan, in lesser detail than a final plan, showing approximate street and lot layout on a topographic map as a basis for consideration prior to preparation of a final plan.

PLAT- The map or plan of a subdivision or land development, whether preliminary or finaL8

PUBLIC HEARING - A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the Municipalities Planning Code (53 P.S 9 10101 et ~ e q . ~

PUBLIC MEETING - A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No.84), known as the “Sunshine Act” (65 P.S. 9 271 et seq.).l0

PUBLIC NOTICE- Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the secoQd publication shall not be less than seven days from the date of the hearing.”

REAR YARD - The required open space extending from the rear of the main building and along the rear lot line (not a street line) throughout the whole width of the lot.

RESUBDIVISION or REPLATTING - The replatting of a recorded subdivision, in whole or in part, by a redesign of lots, by change of size, area or by street layout.

RIGHT-OF-WAY - Any public highway, street or alley accepted by different level of government for public use, usually the Borough Council; all must be recorded in the Recorder of Deed’s Office, Beaver County, Beaver, Pennsylvania.

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

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

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

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

l1 Editor’s Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I). I 12006

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$ 120-7 SUBDIVISION OF LAND 5 120-7.

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*’\ SIDE YARD - A yard between the building and the adjacent side line of the lot extending from the front line of the building to the rear line of the building. Comer lots shall have a minimum side yard of 25 feet in width.

STREET MAINTENANCE - The procedure applied to new or existing streets or streets under construction for purposes of accommodating vehicular traffic with a minimum of intenuption, delay or safety hazard including resurfacing, regrading, drainage improvement, pothole repair, dust prevention practices and snow removal.

. t i STREETS:

.*: (3)

!! (4)

EXPRESSWAY - This class of highway facility is devoted entirely to the task of moving large volumes of traffic and performs little or no land service function. It is generally characterized by some degree of access control. Normally, this classification should be reserved for multilane, divided roads with few, if any, grade intersections.

ARTERIAL --Major arterials bring traffic to and from the expressway and serve major movements of traffic within or through the areas not served by expressways. They serve primarily to move traffic, but also perform a secondary function of land service. The average length of trip normally exceeds three miles.

COLLECTOR - This class of road serves the internal traffic movement within the borough and connects developed areas with the major arterial system. They do not accommodate long through trips and are not continuous for any appreciable length. The principal difference between collector and arterial roads is the length of trip accommodated. The collector system is intended to simultaneously supply abutting property with the same degree of land service as a local street and to accommodate local internal traffic movements.

LOCAL- The local street’s sole function is to provide access to immediately adjacent land. They normally represent a fairly large percentage of the total street mileage, but carry a sinal1 proportion of the vehicle miles traveled daily.

SUBDIVIDER -The owner, or authorized agent of the owner, of the subdivision.

SUBDIVISION - The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision. by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.I2

TOPOGRAPHIC MAP - A map showing ground elevations by contour lines and tlie location of important, natural and other objects.

VARIANCE - When the subdivider can shbw that a provision of these regulations would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, in the opinion of the Planning Commission, a .

l2 Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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5 120-7 INDUSTRY CODE 0 120-10

departure may be made without destroying the intent of such provisions, the Planning . -7 Commission may recommehd and the Borough Council authorize a variance. Any variance thus authorized shall be entered in the matters of the Council and the reasoning on which departure was justified.

ARTICLE 111 Plat Requirements and Processing Procedures

0 120-8. Plat required.

Whenever a subdivision of land is desired to be effected, a plat of the layout of such ,

subdivision shall be prepared, filed and processed according to the requirements of this article: .

. . .

9 120-9. Preapplication plans and data: procedure.

A. Prior to the preparation and filing of the preliminary plan, the subdivider shall submit to the Commission the plans and data as required in 0 120-10 and shall ascertain from the Commission those elements which should be considered in the design of the subdivision. These shall include any features of the borough’s plan of future land use, thoroughfare plan, community facilities plan or of any plans of the Commission, including but not limited to proposed streets, recreation areas, drainage reservations, shopping centers and school sites.

B. At this stage the Commission shall so inform the subdivider whether his tract is suitable for the purpose for which it is to be developed.

C. Land subject to hazards of life, health and safety shall not be subdivided until such hazards have been removed. These hazards shall be interpreted to mean land subject to flooding and slides due to excessive slope or excavation, land of excessive or improper fill material or land improperly drained.

9 120-10. Preapplication plans and data: specifications.

Preapplication plans and data shall include the following:

A. General information describing or outlining existing covenants, land characteristics, community facilities and utilities and information describing the proposed subdivision such as the number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park areas, other public areas, proposed protective covenants, proposed utilities and street improvements.

B. Location map showing the relationship of the proposed subdivision to existing community facilities which serve or influence it and shall include development name, location of any existing facilities, traffic arteries, public or other schools, parks, playgrounds, utilities, churches, shopping centers, airports, hospitals, principal places of employment, title, scale, North arrow and date.

C. Topographic map, drawn to a scale of one inch equals 100 feet or less, showing: . ,

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'120-7 INDUSTRY CODE 120-7

CORRECTED AND ADDITIONAL DEFINITIONS FOR SUBDIVISION PURSUANT T O . THE MUNICIPALITIES PLANNING CODE (ACT 147):

DEVELOPER - - - Any land'owner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of-land or a land development.

LOT - - - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, development or built upon as a unit.

PLANNED (UNIT) RESIDENTIAL DEVELOPMENT - - - An area of land, . controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time-to-time, under the provisions of a municipal zoning ordinance.

ENGINEER - - - A professional engineer licensed as such in the Commonwealth of Pennsylvania.

FRONT YARD - - - A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar improvements, the depth of which is the least distance between the front lot at the right-of-way line and the building line.

SIDE YARD - - - A yard between the principal structure and the side lot line extending from the front yard or from the front line where no front yard is required to the rear yard. The width of the required side yard is measured horizontally at 90 degrees with the side lot line, from the nearest part of the principal building.

STREETS - - - Includes street, . avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or, intended to be used by vehicular traffic or pedestrians whether public or private.

STREET 'CLASSIFICATIONS ---The following street classifications shall apply to all streets in the Borough:

A. EXPRESSWAY - - - Limited access freeway that carries through traffic between major urban centers and to and from points outside of a region with no local interference. . B. COLLECTOR - - - Carries the internal traffic movements within the Borough and connects developed areas with the Arterial System. The Collector System simultaneously provides abutting property with road access and accommodates local internal traffic movements.

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INDUSTRY CODE . 120-7 ' 120-7

CORRECTED AND ADDITIONAL DEFINITIONS FOR SUBDIVISION PURSUANT TO THE MUNICIPALITIES PLANNING CODE (ACT 147): . C. LOCAL - - - Provides access to inimediately adjacent land but normally carries a small portion of the total vehicle miles traveled daily.

D. PRIVATE - - - Any vehicular way that is not dedicated as a public.

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street.

E . ARTERIAL - - - Carries major movements of traffic within or through the community.

FLOOR AREA - - - The sum of the gross .horizontal areas of' the several floors of a structure measured from the exterior faces of the exterior walls or from the centerlines of walls separating two structures.

June 18, 1998

1 2 0 0 8 - 2

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0 120-10 SUBDIVISION OF LAND 0 120-11

(1) Proposed name of the subdivision.

(2) Name of the subdivider.

(3) Name of the registered owner.

(4) North point, scale . . and date.

(5) Name of the engineer, surveyor or other. qualified person responsibIe for the map. '

(6) Tract boundaries with bearings and distances.

(7) Topography, with elevations based on datum approved by the Commission, and showing contours at vertical intervals of five feet.

(8) Approximate location of watercourses, tree masses, rock, outcrops, existing buildings. and actual location of sewers,, inlets, water mains, easements, fire. hydrants, railroads, . existing or confirmed streets and their established grades.

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(9) Adjacent streets.

D. Sketch plan, drawn on a print of the topographic map, showing in a simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions.

A.

B.

C.

0 120-11. Preliminary plan review.

Application. On reaching conclusions as recommended above regarding the general program and objectives, the subdivider shall prepare and submit to the Planning Commission Secretary at least 15 days prior to the regular monthly meeting of the Planning Commission two copies of the preliminary plans of the total land to be ultimately developed for review by the Planning Commission according to the requirements and standards contained herein.

D.

E.

Planning Commission review. The Planning Commission shall review the plan submitted covering the requirements of these regulations point by point and shall consult with the Engineer and officials of any other department or authority concerned.

Planning Commission action. The Planning Commission shall notify the subdivider of the . scheduled meeting place, date, time and agenda schedule. Within 30 days of this scheduled agenda review, the Planning Commission shall report to the Borough Council on the subdivision, recommending approval, conditional approval or disapproval, each with reasons for action.

Action of Borough Council. The Borough Council shall act on the preliminary plan within 30 days of the Planning Commission stating its approval, conditional approval or disapproval, giving reasons for each, and may authorize, in writing, submission of a final plan for approval.

Nature of approval. Approval of a preliminary plan shall not constitute approval of a final plan, but rather an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan.

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4 120-12 INDUSTRY CODE 8' 120-12

0 120-12. Preliminary plans.and data.

Preliminary plans and data shall include but not be limited to the following:

A. The preliminary plan shall be drawn at a scale of 100 feet to the inch or greater.

B. The plan shall show or be accompanied by the following:

(1) Material required in 5 120-9.

(2) Draft of protective covenants, if any. ..

(3) Title to include:

(a) Name by which the subdivision will be recorded.

(b) Location by municipality, county and state.

(c) Names and addresses of the owner or owners.

(d) Name of registered engineer or surveyor who surveyed the property and prepared the plan.

(e) North point, date and graphic scale.

,(4) Tract boundaries with bearings, distances and area in acres to the nearest hundredths.

( 5 ) Existing easements, their location, width and distance.

(6) Tract closures and block closures with an allowable error of 1 to 25,000.

(7) Contours at vertical interval of five feet or, in the case of relatively flat tracts,'at such intervals as may be necessary for study of the tract.

(8) Datum to which contour elevations refer.

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, (9) ,Benchmarks. . .

(1 0) Existing physical features to include:

(a) Watercourses, culverts, bridges and drains.

(b) Buildings, sewers, water mains and fire hydrants.

(c) Streets and alleys on or adjacent to the tract, including name, right-of-way widths and cartway widths.

(1 1) Proposed improvements shall include:

(a) Location, name and right-of-way width of all proposed streets and alleys and

(b) Sidewalks and crosswalks.

' (c) All rights-of-way and easements.

(d) Lot lines with bearings and dimensions.

' paved cartway widths.

, . (e) Building lines.

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0 120-12 SUBDIVISION OF LAND 0 120-13

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(f) Reservations of grounds for public use.

(g) General dfainage plan for stormwater to include proposed directions of flow for stormwater in relation to natural channels.

(h) A plan of the proposed water distribution system or a plan showing the location .

. of individual wells.

(i)

(i)

Commission:

A plan of the proposed sanitary sewerage system or a plan where re.quired, .

showing the proposed location of on-lot sewage disposal facilities.

Proposed land use of the improvement.

( I 2) The following additional data shall be submitted .upon request by the Planning

. (a) Names of abutting propetty owners.

(b) Subsurface condition of the tract.

(c) Profiles showing existing ground and proposed center-line street grades.

(d) Typical cross sections of roadways and sidewalks.

(e) Sizes of water pipes and location of valves and fire hydrants.

(f) Location of manholes, invert elevations, grades and sizes of sanitary sewers.

0 120-13. Approval of final plan.

A. Application to Planning Commission. When filing an application for examination of final plan, upon approval of the preliminary plan, the subdivider shall submit to the Planning Commission Secretary at least 15 days prior to a regular meeting of the Planning Commission one paper copy of all plans and other information. An original plus four copies may be submitted to meet requirements of Subsection G of this section. All final plans and other exhibits required for approval shall be submitted to the Planning Commission within six months after approval of the preliminary plan. Otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the Planning Commission. ,

B. Planning Commission revie.w. The Planning Commission shall notify the subdivider of the . . scheduled meeting place, date, time and agenda schedule. Within 30 days of this scheduled .-: agenda, the Planning Commission shall report to the Borough Council on the, subdivision, recommending approval, conditional approval or disapproval, each with reasons for action. Approved final plans shall bear the signatures of the Chairman and the Secretary of the Planning Commission to a certified statement that all plan procedure requirements have

C. Planning Commission action. Folloiing review by the Planning Commission, all final pla’ns shall be submitted by the Planning Commission to the Borough Secretary at least IO days prior to a regular meeting of the Borough Council.

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. been met.

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9 120-13 INDUSTRY CODE 0 120-14

D.

E.

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F.

G.

Title cerl-ficate. ?o final map shall be presented to l..e Borou'g,, Council unless a satisfactory certificate of title is furnished to the Engineer.

Action of Borough Council. The Borough Council shall review the final plan for recording and shall indicate within 40 days of receipt approval, conditional approval or disapproval. Approved final plans for recording shall bear the signatures of the Chairman and Secretary of the Borough Council to a certified statement that all plan procedure requirements have been met.

Application fee. At the time of filing the application of plans, the subdivider shall pay to the Borough Council, for use by the borough, a fee to defray the cost of processing such plans and drafting same on the Official Map of the borough. The fee shall be determined by the Engineer based upon the estimated cost of processing such plans.

Disposition of plans. One copy of all final plans submitted for approval shall be retained by the Planning Commission, two copies by the Borough Council, one copy to be filed by subdivider according to Article VII, Q 120-51, the fifth copy shall be returned to the subdivider. The copy retained by the Planning Commission shall be an approved duplicate linen.

9 120-14. Final plan and data required for approval.

A. For any subdivision requiring approval, the plan submitted:

(1) Shall be drawn on tracing cloth and shall be on sheets in multiples of 17 inches by 22 inches with a border of V2 inch on all sides except the binding edge which shall be me inch. More than one sheet may be used for larger tracts and must be indexed.

(2) Shall be drawn with waterproof black ink and all records, data, entries, statements, etc., thereon shall also be made with the same type of ink or reproducible typing. '

(3) Shall be drawn to a scale of 100 feet to the inch or larger.

(4) Shall contain a title block in the lower right comer with the following:

(a) Name under which the subdivision is to be recorded;

(b) Date of plan, graphic scale and location of subdivision;

(c) Name of subdivision owner; and

(d) Name and address of the registered professional engineer or surveyor preparing plan.

B. All final plans submitted shall be drawn according to the following:

' (1) Outside of subdivision:

(a) Streets and other ways of medium solid lines.

(b) Property lines of adjacent subdivisions by medium dashed and two dotted lines.

(c) Lot lines by light dotted lines.

(d) Restriction lines, easements, etc., by light dashed lines.

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0 120-14 SUBDIVISION OF LAND 0 120-15

(2) Within subdivision:

(a) Streets or ways of heavy solid lines.

(b) Perimeter property lines of the subdivision by heavy dashed and two dotted lines. . (c) Lot lines of medium solid lines.

(d) Restriction or building lines by medium dashed lines. -

(e) Easements or other reserved areas by light dotted lines.

C. The final plan shall show:

(1) Primary control points or benchmarks approved by the Engineer or description and ties to which all dimensions, angles, bearings and similar data shall be referred.

(2) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way and property lines of residential lots and other sites with accurate dimensions, bearings or deflection angles, radii, arcs and central angles of all cuwes.

(3) Name and right-of-way width of each street or right-of-way.

(4) Location, dimensions and purpose of all easements.

( 5 ) Number to identify each lot or site. .

(6) Purpose for which sites other than residential are to be dedicated.

(7) Building setback line on a11 lots and sites.

(8) Location and description of survey monuments.

(9) Names of record owners of adjoining unplotted land.

(10) Certification of-surveyor or professional engineer as to the accuracy of survey and plat.

(1 1) Statement by the owner dedicating streets, rights-of-way and sites for public use.

(12) Protective cbvenants, if any, in form for recording.

(13) Such other certificates, affidavits, endorsements or dedications as may be required in the enforcement of these regulations.

(14) Certification blocks for the appropriate governing and planning bodies.

0 120-15. Resubdivision or replatting.

For the combination or recombination of lots or portions of previously plotted lots, when the resultant lots are increased in street frontage and total area size that reaches or exceeds the standards of these regulations and the street pattern is in conformity to the Borough Comprehensive Plan, the procedures and regulations heretofore described shall be followed except as they may be modified on application to the Planning Commission. .

12013

Q 120-16 INDUSTRY CODE , 4 120-16

0 120-16. Subdivisions of fewer than three lots. .

Plans and data involving subdivisions of fewer than three lots shall include but not be Iimited to the following:

\ A.

B .

C.

The provisions of $8 120-9 through 120-12 will be waived for subdivisions of fewer than three lots and the following requirements will become applicable:

(1) The proposed plan shall be drawn at .a scale of 100 feet to the inch or greater.

(2) The proposed plan shall be legibly drawn on linen or comparable permanent material of the size 12 inches’by 18 inches.

(3) The plan shall show or be accompanied by the following: .

(a) Description of covenants.

(b) Title to include:

. . [ 1 ] Location by municipality, county and state.

[2] Names and addresses of the owner or owners.

[3] Names of registered engineer or surveyor, if any, who surveyed the property and/or prepared the plan. .

[4] North point, date and graphic scale.

. .

’. (c) Proposed use of the land.

(d) Lot lines, dimensions and land area .of proposed lot; also, the area remaining in the original parcel.

(e) Existing and proposed streets, alleys andor easements on or adjacent to the tract.

(f) . Available utilities (if public sewer and water source and sewage disposal system should be indicated).

(g) Statement by the owner dedicating streets and rights-oflway for public use.

(h) Names of abutting property owners.

(i) The following additional data, which shall be submitted upon request by the Planning Commission:

[ 1 ] Subsurface and drainage conditions of the tract.

[2] Any other data pertinent to the plan.

Preliminary and final pla’ns. Conformance to. the above requirements may replace. the preliminary and final plan requirements.

Approval and disposition of final plans. Approval and disposition of final plans shall be in accordance with 120-13 except that in Subsection A, the sentence “All final plans and other exhibits required for approval shall be submitted to the Planning Commission within .one year after approval of the preliminary plan.” shall not apply to th’is section.

12014

i

Q 120-17 SUBDIVISION OF LAND

, ARTICLEIV Design Standards

3 120-19

9 120-17. Application of standards.

The following land subdiyision principles, standards and requirements shall be applied by the Planning Commission in evaluating the plans for proposed subdivisions and shall be considered minimum requirements.

.

9 120-18. Land requirements.

,A. Land shall be suited for the purpose for which it is to be subdivided in accordance with the *

B. Land subject to hazards of life, health and safety shall not be subdivided until such hazards

. interest and purpose of the elements of the Borough Comprehensive Plan.

have been removed.

5 120-19. Street requirements.

A. Proposed streets shall be properly related to borough, county and state roads and highway plans which have been prepared and officially adopted.

B. Streets shall be logically related to the topography so as to produce usable lots and reasonable grades.

C. Local streets shall be so laid out as to discourage through traffic, but provisions for street connections into and from adjacent areas will be generally required.

D. Half streets shall be prohibited except to complete an existing half street.

E. Dead-end streets shall be prohibited except as stubs to permit future street extensions into adjoining tracts or when designed as culs-de-sac.

F. Maximum allowable grades:

(1) Arterial: 5%.

(2) Collector: 8%.

(3) Local: 12%.

G. Minimum grades on all streets shall not be less than 1 %.

H. Vertical curves shall be installed on all street grade changes exceeding 1%.

I. Alignment:

(1) Minimum center-line radius for horizontal curves:

(a) Arterial: 1,000 feet. . (b) Collector: 300 feet.

(c) Local: 200 feet.

12015

5 120-19 INDUSTRY CODE 0 120-19 . . .

(2) Horizontal curves shall be laid on all deflecting streets.

(3) Degree of curvature shall be set to assure proper sight distance.

J . Widths.

(1) Minimum street right-of-way widths and cartway widths shall be as follows:

Type of Type of

:

Street Development Cartway Right-of-way

Local '

Collector

Single-family lots (No on-street parking) (with on-street parking)

Single family, cluster and commercial

Arterial AI1 types

20 feet 50 feet 28 feet 50 feet

24 feet . 50 feet

As prescribed by the Pennsylvania Department

ofHighways .

(2) In cases where a new subdivision is planned to join the street system of an existing . subdivision, the above minimum requirements shall apply except where the existing .'streets and iights-of-way are larger than required. In this event, the Planning Commission may require that the new streets .and rights-of-way be as large as the existing. Private covenants may apply if their provisions are in excess of -these regulations.

K. -Culs-de-sac. Culs-de-sac are permitted where the length does not. exceed 600 feet and where a turnaround with right-of-way diameter of 100 feet is provided. Extension of a cul- de-sac will be permitted to connect to a street system of a new or .extended subdivision, provided that the maximum street lengths for blocks and culs-de-sac are met. This street design shall be avoided unless it is clear that a through street is not essential to the street system of t h e area.

L. Street intersections.

(1) All curbs at intersections shall be rounded by a minimum radius as follows: . ..

(a) Collector and arterial streets: 20 feet.

(b) Local streets: 15 feet.

(c) Twenty-foot radius will be maintained where collector-arterial streets intersect local streets.

(2) When any street intersection will involve banks or vegetation, existing or to be planted inside any lot comer, that would create a traffic hazard by limited visibility from a height of 3 V 2 feet, finished paved area, at the centerline of the right-of-way, the subdivider shall cut such ground andor vegetation in conjunction with grading the right-of-way to provide a sight line of 100 feet along the centerline of a major street from the center-line intersections and 75 feet at local street intersections. When a

12016 ,

0 120-19 . 'SUBDIVISION OF LAND . 0 120-20

major and a local street intersect, each shall retain their respective footage requirements along the centerline to form the sight triangle.

(3) Where the grade of any street at the approach to an intersection exceeds 5%, a leveling area shall be provided with a transitional grade not to exceed 2% for a . distance of 50 feet from the nearest right-of-way line of the intersection.

(4) Intersections of more than two streets shall be avoided.

(5) Minimum street intersection angles shall be 60".

M. Street offsets. Street offsets (distance between streets) of less than 125 feet are to be avoided.

N. Reverse curves. Reverse curves shall have a minimum tangent distance of

(1) Arterial streets: 300 feet.

(2) Collector streets: 150 feet.

(3) Local streets: 100 feet.

I

I

I

0. Alleys.

(1 ) Alleys are not permitted in residential districts.

(2) Alleys are pe'mitted in commercial and industrial districts subject to approval of the Planning Commission.

(3) Alleys shall be paved at least 20 feet in width. . .

(4) Maximum alley grade shall be 12%. * .

0 120-20. Lots.

A.

B.

C.

D.

Residential lots, where not served by municipal water or sanitary sewers, shall be not less than 100 feet wide at the building line nor less than 20,000 square feet in area per family (1 00 feet by 200 feet).

Residential lots, where served by both public water and sanitary sewers, shall not be less than 75 feet at the building line nor less than 7,500 square feet in lot area per family in a cluster development.

Subdivision of land other than for residential purposes shall be subject to review by the Planning Commission and Engineer insofar as size, depth, width of lots and parking are concerned.

Comer lots shall have a street side yard of not less than 25 feet to permit appropriate building setback and to meet required side yard regulations listed below for orientation to. both streets.

.

E. The frontage width of lots fronting a cul-de-sac shall be determined as the width at the building line. The side yard setback requirements will be calculated from the midpoint of ' the structure along the average length of both sides of the structure.

12017

0 120-20 INDUSTRY CODE 0 120-24

F. All lot lines shall be set perpendicular or radial to the centerline of the street whenever possible. All nonradial lines shall be denoted as such on plat.

G . Lots abutting local streets shall front upon the streets which parallel the long dimension of the block, if possible.

H. Lots abutting arterial highways or streets should utilize reverse frontage technique and marginal access streets whenever possible. Where reverse frontage lots are used, they shall provide a rear yard of 60 feet, measured to the right-of-way line of the arterial street or highway.

0

8 120-21. Building lines.

The building lines 'shall be in accordance with' the terms of the Industry Borough Zoning 0 r d i n a n ~ e . I ~

0 120-22. Blocks.

A. Block lengths shall not exceed 1,200 feet nor be less than 500 feet.

B. Blocks shall be at least two lots in depth except for reverse frontage lots.

C. Exceptionally long blocks shall be provided with crosswalks with a minimum right-of-way reservation of 12 feet, and a four-foot paved walk.

D. The depth-to-width ratio of usable lot length shall be at a maximum of 2V2 to 1.

0 120-23. Easements.

A. Utility easements shall have a minimum width of 10 feet and be placed at the side or rear of lots whenever possible. When the Engineer determines that conditions are suitable for essential services, an easement reservation will be required.

B. Anchor easements shall be approximately.four feet by 30 feet and placed on a lot line.

C. Aerial easements shall be a minimum of 15 feet.

D. -Drainage easements with a minimum twenty-foot width shall be provided where necessary. . . ' . .

9 120-24. Sidewalks.

Sidewalks and crosswalks, where required, shall be installed by the subdivider along public streets or where deemed necessary for' public safety, as determined by the Planning i

Commission.

l3 Editor's Note: See Ch. 140, Zoning.

12018.

. .

0 120-25 SUBDIVISION. OF LAND 4 120-28 . .. .

Q 120-25. Reserved areas.

Reserve strips surrounding the property or areas reserved for any purpose which shall make any . area unprofitable for regular or special assessments or which may revert to untended nuisance areas will not be approved by the Planning Commission.

.

. 3 120-26. Street names.

The subdivider may choose his street names subject to the approval of the Planning Commission. No street, other than an extension, may be given the name of an existing street in the borough.

0 120-27. Access.

In subdividing land, it shall be done in a manner that will not have the effect of debarring adjacent property owners from access to the streets and ways of the allotment.

ARTICLE V Improvement and Construction Requirements

0 120-28. Responsibility of subdivider.

A. The construction of improvements in a subdivision is the responsibility of the subdivider since i t is his property which is being developed. Adequate streets, utilities and other improvements are essential elements in the creation and preservation of stable residential, commercial and industrial areas. Such improvements increase the livability and usability of abutting lots and, when properly constructed, contribute direct savings to the community through lower maintenance costs. Once the subdivider disposes of the lots and the improvements are accepted by the local govemment, the responsibility of maintaining such improvements and correcting any construction errors falls on the public.

B. Any or all of the following improvements as may be recommended by the Planning Commission and approved by the Borough Council, pursuant to the authority granted in the Pennsylvania Municipalities Planning Code, Act 247,14 considering the needs of the area in which the proposed subdivision is located must have been completed in accordance with the requirements established by this article as well as in accordance with the current PennDOT standards, the requirements of the responsible public authority affected, public officials or Borough Engineer for that portion included in the final plat.

C. If the improvements are not completed, then satisfactory arrangements must have been made with the Commission to the satisfaction of all public authorities concerned regarding proper completion of such improvements prior to the consideration of a final plat.

.

,

l4 Editor’s Note: See 53 PS. 5 10101 et seq.

12019

. .

0 120-29 INDUSTRY CODE 0 120-31

0 120-29. Monuments.

Monuments shall be placed at all block comers, angle points, points of curves in streets and intermediate points as determined by the Borough Engineer. Monuments shall be of such size, length and material as approved by the Borough Engineer.

\

$ 120-30. Utility and street improvements.

Utility and street improvements shall be provided in each new subdivision in accordance with the standards and requirements described in the following sections.

0 120-31. Water supply.

A.

B.

C.

D.

E.

F.

The subdivider shall construct a system of water mains and connect with such public water supply system where a public water supply is available at plat boundary or ,within a reasonable distance thereto (1,000 feet of subdivision).

If a public water supply system is not available under the conditions stated above, the subdivider may provide individual or community wells to serve 25 or more units which shall be approved by the State Department of Health.

Where individual wells provide a water supply in a large subdivision, at least one test well shall be drilled in the proposed area for each 50 lots or 25 acres, whichever is smaller, or .

upon the requirements of the local Health Officer. Test wells shall ordinarily be drilled to a reasonable depth which 'will produce safe potable water in sufficient quantity for the use intended and shall be approved by the Beaver County Health Officer.

All public water systems shall be laid wherever possible in the planting strip on the higher side of the street and constructed in accordance with the standards of the authority, utility company, State Department of Health or municipal department operating such water mains.

All phases of construction, including minimum size six-inch line, excavation, trench, type of pipe, backfill, hydrants, tees and valves shall be in accordance with approved construction drawings, State Department of Health standards; and inspected by the Borough Engineer, his authorized represeritative or the authority or agency representative of the utilities company during the entire construction period.

Every ordinance adopted pursuant to this article shall include a provision that, if water is to be provided by means other than by private wells owned and maintained by the indvidual owners of lots within the subdivision or development, applicants shall present evidence to the governing body or planning agency, as' the case may be, that the subdivision or development is to be supplied by a certificated public utility, a bona fide codperative association of lot owners or by a municipal corporation, authority .or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable e~idence . '~

.

.

''

. .

'

l5 Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Arc I).

12020

0 120-32 ' . SUBDIVISION OF LAND Q 120-33

A. The subdivider shall construct a sanitary sewer system and connect with such sewer main and provide lateral connections for each lot where a public sanitary sewer main is available at plat boundary or within a reasonable distance thereto (1,000 feet of subdivision).

C.

D.

E.

F.

If a public sanitary sewer main is not available under the conditions stated above, the subdivision or area may be considered as one where it is necessary to construct a public or community disposal system, an interim plant, septic tank system or other satisfactory method as approved by the Dorough Enqj ~ ~ e t , the S t a t e Department, of Health and t h e Pennsylvania Sewacje Facilities Act (Act 537) .16

.-

Where septic tanks are used as an accepted method of sewage disposal, consideration shall be given to the lot size in relation to utilities as stated in the subdivision regulations; drainage characteristics of the soil in the area, percolation'tests at a maximum rate of 60 minutes per inch as well as the recommendation of the local Health Officer.

Q 120-32. Sanitary sewers.

0 120-33. Storm sewers.

If, in the opinion of the local Health Officer, the Borough Engineer and/or the Commission, factors exist which could create a public-health and sanitation problem if a certain area is platted, the Commission will not approve the subdivision and platting of such area until such. factors are corrected by an adequate sanitary sewer system or other . method described in Subsection B above. .

'

All sanitary sewers shall be constructed and installed according to the standards of the authority or municipal department operating such sewers. Stormwater shall not be permitted to enter sanitary sewers.

All phases of construction, including excavation, trench, pipe size, grade, backfill and manholes shall be in accordance with approved construction drawings, State Department of Health, and inspected by the Borough Engineer, his authorized representative authority representative or Health Officer during the entire construction period.

A.

B.

C.

A drainage system adequate to serve the needs of the proposed new streets or the entire subdivision will normally be required in new subdivisions. When a public storm sewer main is available at the plat boundary or within 1,000 feet, the subdivider shall construct a storm sewer system and connect with such storm sewer main.

Culverts shall be designed to support and' carry loads according to the judgment of the Engineer and be constructed the full width of the cartway plus additional length as specified in the current PennDOT standards and as deemed necessary by the Engineer to satisfy local drainage patterns.

Where open watercourses are planned, adequate safety, erosion control, drainage (stagnant water), protection of capacity and appearance measures shall be taken by both the subdivider and the Planning Commission to ensure proper, safe, healthful disposal of stormw'ater. \

l6 Editor's Note: See 35 P.S. 5 750.1 et seq.

1202 1

5 120-33 INDUSTRY CODE 0 120-34

D.

\

E:

F.

G.

H.

.I.

J.

K.

t

Minimum grade of drainagecourses shall be designed to create a cleaning effect (velocity of five feet per second) except that a minimum cleaning effect (velocity of three feet per second) may be permitted by the Borough Engineer where greater grade cannot be achieved.

. . At intersecting streets, water in gutters and ditches shall be placed in adequate culverts as specified in the current PennDOT standards. .

Location of storm sewers shall be in accordance with existing systems or in accordance with specifications in the current PennDOT standards.

Storm sewers shall have a minimum diameter of 15 inches and a minimum grade of 0.5%.

Manholes shall normally be spaced 300 feet apart where pipe sizes of 24 inches or less are used and not over 450 feet where larger sizes are installed. Inlets may; if approved by the Borough Engineer, be substituted for manholes.

Special sections of 10 feet to 15 feet radii shall be installed where abrupt changes in direction are made.

Pipe or tile culverts shall normally be required under driveways and shall not be less than 12 inches in diameter and 16 feet in length. Reinforced concrete or corrugated metal pipe may also be used and shall be laid so as to maintain the flowline of the open ditch.

AI1 phases of construction of open storm drainage facilities, including width, depth, shapes, erosion control, minimum grade size and area, shall be in accordance with the requirements of these regulations and the current PennDOT standards and all stom drainage facilities shall be inspected and certified by the Borough Engineer prior to being covered.

,

3 120-34. Streets, curbs, base and pavement.

A. Grading.

(1) All streets shall be graded to the full width of the right-of-way and the adjacent side slopes graded to blend with the natural lay of the land, or in accordance with the cross section presented, to the satisfaction of the Borough Engineer. Where fill material is necessary to establish uniform grades, compacting shall be required in accordance with the standards established by the borough. A slope of two horizontal to one vertical beyond the right-of-way line in cut or fill shall ordinarily be required.

(2) Street cross sections for local and secondary streets shall be in accordance with specifications in the current PennDOT standards. Where alternatives are available, the Planning Commission may designate the cross sections to be used on the advice of the Borough Engineer. All details of the cross section, crowns, curb, pavement, subgrade and roadside ditches shall conform to the designated cross section. Arterial street cross sections shall be as designed by the Borough Engineer and approved by the Planning Commission.

B. Curbing. Curbing shall be as specified in the current PennDOT standards.

C. Base course. The base course shall be as specified in the current PennDOT standards. i i

12022

120-34 SUBDIVISION OF LAND 0 120-38

D. Pavements. All pavements shall be as specified in the current PennDOT standards.

$120-35. Sidewalks.

A. \ Sidewalks shall be provided w h h considered necessary by the Commission for protection of the public or wherever it is determined that the potential volume of pedestrian traffic or safety consideration require. .

B. Sidewalks shall be provided where streets of a proposed subdivision are extensions of existing streets having sidewalks on one or both sides.

C. Sidewalks will be normally required on both sides of the street except that the Planning Commission may authorize sidewalks on one side only of U-shaped streets, culs-de-sac or where character of use does not require pedestrian access on both sides of the street.

D. The minimum width for sidewalks shall be four feet, but the Commission may require a .greater width in the vicinity of shopping centers, schools. and recreation facilities or where similar intensive urban uses exist.

E.

F.

G .

Sidewalks, where provided, shall be on the right-of-way, and in residential areas, where conditions permit, 2112 feet from the edge thereof. Sidewalks should line up with adequate walks in adjoining subdivisions.

Sidewalks shall be constructed in accordance with the specifications in the current PennDOT standards.

All phases of construction, subgrade, concrete, forms grade and thickness shall be in accordance with the specifications in the current PennDOT standards. The forms shall be inspected and certified by the Borough Engineer.

.

5 120-36. Other utilities.

Gas, electric and telephone utilities shall be located in subdivisions in accordance with utility company practice and be approved by the Borough Engineer.

0 120-37. Street signs.

Street name signs shall be installed at each street intersection in accordance with standards . . established by the Borough Zoning Ordinance.

0 120-38. Street trees.

Should the subdivider plan to provide trees, their proposed locations, spacing and species must be submitted for approval by the Planning Commission. On narrow rights-of-way or where the planting strip betwein sidewalk and the curb is less than five feet wide, trees will not be permitted but are to be placed inside the property lines. ,

12023

0 120-39 INDUSTRY CODE . . . 0.1 20-4 1

0 120-39. Minimum openness.

A. Easements, adequate for all utilities: see 5 120-23.

B.' Buffer area or planting screen, minimum width: 10 feet.

: C. When adequate public play .space does not exist, in the opinion of the Planning Commission, within 1/2 mile of the site, the Commission may request the developer to provide recreational space at the rate of 120 square feet per school-age child estimated for the project. When possible, the following minimum sizes will prevail:

(1) Playground for preschool age, minimum size: 5,000 square feet.

(2) Elementary school age, minimum size: 2.5 acres.

(3) Secondary school age, minimum size: 5 acres.

3 120-40. Existing natural conditions (trees and streams).

In wooded areas or where other natural conditions exist, in such a manner that their presence adds to the desirability of a subdivision, the Planning Commission shall require that the subdivider preserve as much of the original trees and natural conditions as is economically feasible and require that a minimum of grading be done other than the grading and excavating which is required in the construction of the improvements in accordance with the improvement standards included herein.

~. 0 120-41. Performance guaranties.

A.

- B .

C.

i,

The Planning Commission shall ensure, through receipt of certificates of compliance from the appropriate official, that required improvements have been installed according to specifications on the final plat or, alternately, that adequate surety for such improvements has been posted.

A fixed fee covering the cost of inspection during the construction of the improvements of . . said 'subdivision must be submitted to the Borough Engineer, his representative or any other municipal authority having jurisdiction over local streets or publicly owned utilities. The Borough Engineer, his representative or any other public official responsible for publicly owned utilities shall issue certificates of approval to the Planning Commission upon completion of the improvements in accordance, with the standards and specifications herein contained, such certificates to be a requirement to final plan approval.

Alternately, the subdivider may file with the Planning Commission ti performance bond or other surety acceptable to the Commission, the amount to be fixed by the Commission in a form satisfactory to the Borough Solicitor for the installation or completion of

the Planning Commission shall give due consideration to the cost of the required improvements as estimated by the Engineer or borough authority having jurisdiction over the local roads, publicly owned utilities ind drainage facilities involved.

. .

. . . .

improvements not yet constructed. In fixing the amount of said bond or other assurance, . .

12024

,

5 120-41 ' SUBDIVISION OF LAND 5 120-44

D. In lieu of the performance bond, a deposit may be made either with the Borough Treasurer or responsible escrow agent or trust company or money or negotiable bonds in an amount equal to the estimated construction cost of such improvements. If a cash deposit is made, an agreement may be executed to provide that progress payments may be made to the contractor of the subdivider out of the deposit as the work progresses and is approved by the responsible borough officials.

E. . The development of existing dedicated streets and the extension of public utilities may be provided by one of the above methods described or an alternate method may be used whereby the adjoining property owner petitions the borough and upon proper action the

. improvements are provided and the costs assessed to the abutting property owners in accordance with the procedure outlined in the Borough Code." The borough may on its own initiative provide street improvements without petition and is authorized to assess the abutting property owners in accordance with sections of the Borough Code.

.

ARTICLE VI Planned Unit Development

0 120-.42. .Intent.

A. The following procedure shall be utilized in securing consideration and approval of planned unit developments within the Borough of Industry.

B. It is the intent of this procedure to encourage and assist the applicant in achieving the maximum in original design or innovation consistent with modem planning practice and urban development. Such natural features as streams and large tree clusters should be located or incorporated into the plan where possible. The primary objective in all cases is to create a unified neighborhood design rather than a series of unrelated plans or a uniform gridiron pattern of streets. All planned unit developments shall be submitted to the Industry Borough Planning Commission for review and approval in accordance with the review procedure established within these subdivision regulations:

$120-43. Procedure.

The procedural steps and plat requirements for a planned .unit development follow the same format as presented in Article 111.

0 120-44. Lot sizes.

Lot sizes can be varied in accordance with the provisions cited in 5 140-13F of the Industry Borough Zoning Ordinance.'*

. Editor's Note: See 53 PS. 4 45101 et seq.

Editor's Note: See Ch. 140, Zoning.

12025

5 120-45

,

INDUSTRY CODE 0 120-46

_ . 0 120-45. Improvement and construction requirements. 1

Improvement and construction requirements shall be in accordance with the provisions contained in Article V of these regulations.

\ . . 120;46. Maximum land coverage.

Maximum land coverage of buildings shall be determined.in accordance with the follow.ing:

A. Definitions. AS used in this chapter, the following terms shall have . . the meanings indicated: .

FLOOR AREA RATIO - The gross floor.area of a building or buildings divided by the area of the jot on which it is placed.

GROSS FLOOR AREA- The sum of the gross horizontal areas of the floors of a structure measured from the exterior faces of the exterior walls or from the centerlines of walls separating two structures, including: .

(1) Elevator shafts and stair wells at each story;

(2) Floor space used for mechanical equipment; . .

(3) Penthouse;

(4) Half story'; and

( 5 ) Interior balcony or mezzanine;

But not including:

(1) Cellar;

(2) Accessory water tanks or cooling towers;

(3) Uncovered steps; and

(4) Terraces, breezeways, open porches and exterior balconies.

NET FLOOR AREA:

(1) The sum of the horizontal areas of the'floors of a structure, measured from the interior. faces of the exterior walls or from the interior faces of walls'separating two structures, when devoted to living quarters; services to people as customers, patients, clients or tenants; retailing or wholesaling activities; production or processing of goods or materials; or office space; including floors or parts of floors so devoted when in or .

' principally used as follows: . .

(a) Basement; . . . .

(b) Penthouse;

(c) Half story;

(d) Interior balcony or mezzanine; . .

(e) Enclosed porch;

12026

. .

0 120-46 SUBDIVISION OF LAND 0 120-46

(f) Accessory. structure (except area used for accessory automobile parking space); and 1

(8) Storage areas located within selling or working space, such as counters, racks or closets, and other fixtures and equipment used for display or sale of merchandise.

(2) Floors or parts of floors when in or principally used as follows shall not be included:

(a) Cellar;

(b) Elevator or stair bulkheads, shafts or stair wells, accessory water tanks and cooling towers;

. .

(c) Uncovered steps;

(d) Terraces, breezeways, open porches and exterior b'alconies;

(e) Accessory automobile parking space and loading space;

(0 Indirect public service uses such as incidental storage, repair, processing or packaging of merchandise; show windows; offices incidental to the management of stores or buildings (other than dwellings) when in separate rooms from the main use of the building; and

(g) Toilet or rest rooms (except in connection with living quarters).

. . STREET MAINTENANCE - The procedure applied to new or existing streets or streets under construction for purposes' of accommodating vehicular traffic wi,th a minimum of interruption, delay or safety hazard, including resurfacing, regrading, drainage improvement, pothole repair, dust prevention practices and snow removal.

USABLE OPEN SPACE- An area devoted to outdoor recreational space, greenery and service for household activities which 'is normally carried on outdoors., when above grade,

, stn.kt.urally safe and adequately surfaced and protected; accessible and available at least to all occupants of dwelling, for which space is required, and not including streets or roadways open to vehicular traffic or parking area or loading space; and unobstructed from the ground to the sky, except for the following:

( I ) Porches, balconies, terraces,-patios, breezeways or other roofed areas, not 'exceeding 25% of the single contiguous area of usable open space on which they are located; in such case not more than 50% of the perimeter of the roofed section shall be enclosed.

(2) Chimneys, not exceeding 2% of the single contiguous area of usable open space in which they are located.

(3) Fire escapes, recreational and drying equipment, arbors, trellises, window boxes and other planting boxes, fences, walls, flagpoles and steps.

. .

B. Requirements.

(1 ) The allowable floor area ratios shall be as follows:

(a) One-family dwelling: 0.5.

(b) Two-family dwelling: 0.5.

12027

5 120-46 INDUSTRY CODE 5,120-46

I - . \ (c) Row dwelling: 0.8. .. \

(d) Multiple-family dwelling (other than row dwelling) or apakment hotel:

[ 1 J One to three stories: 1 .O. \ [2] Four stories: 2.0;

[3] Five stories: 2.3.

[4] Six stories: 2.6.

(e) Other uses permitted in the C-1 District of the Zoning Ordinan~e '~: 0.5. . '.

(f) Uses permitted in the C-2 District of the Zoning Ordinance2': 6.0 ,

(2) Open space. . . (a) The usable open space in a planned unit development shall be provided in accord

;' with the following, provided that at least 15% of such usable open space required for each structure is contiguous to such structure.

Type of Dwelling

2-family dwelling 15 % Row dwelling 65 % Multiple-family dwelling

. .

Percentage Of Net Floor Area

1 -family dwelling 75%

(other than a row dwelling) or apartment hotel:

1 to 3 stories , . 60% 4 stories 55% 5 stories ' 50% 6 stories 45%

. . . (b) Open space on a roof or balcony may be substituted for a part of the required . ' usable open space, provided that such roof space shall have a minimum

dimension of 15 feet, measured from inside the parapet or railing to the exterior face of any wall or other obstruction projecting up above the roof level, and such balcony space shall be at least 30 square feet in area and have a minimum dimension of 41/2 feet measured between 'the exterior face of the building wall and the inside of the balcony, parapet or railing. Roof space may be credited towards compliance with requirements of usable open space up to a maximum of 50% of such amount.

.

. l 9 Editor's Note: See Ch. 140, Zoning, Arlicle IX, C-1 General Commerce District.

2o Editor's Note: See Ch. 140, Zoning Article X, C-2 Highway Commerce District.

\ 12028

Q 120-47 SUBDIVISION OF LAND . 0 120-48

0 120-47. Maximum deqsity. .

The number of dwelling units or suites per net acre of total site (gross acreage less street area) shall be as follows:

. A. One-family dwelling: 8.

B. Two-family dwelling: 14.

. C. Row dwelling: 20.

D. Multiple-family dwelling, hotel or apartment hotel:

Number of 1 t 0 2 Y 2 3 3 plus Bedrooms stories stories stories

4 or more bedrooms 16 . . 26 58 3 bedrooms 23 37 81 2 bedrooms 27 .44 97 1' bedroom . 30 48 109

I 3 120-48. Allowable premiums for additional open space and/or development amenities. ~

, ~

. Population density and/or allowable floor area ratios may be increased if the character of the .development andor amenities incorporated in the development warrant such increases, *

.provided that 'in no case shall population density increase exceed 35% of the density achieved by application of the maximum density requirements of 0 120-47 above,..Density and floor area .

..ratio percentage increases shall be'governed by the precepts listed below, which are to.be treated as additive, not compounded.

A. Open space reservations shall be considered cause for population density and floor area ratio increases, according to the following scale:

(1) For usable open space reservation, a maximum increase of:

(aj Six percent for the first acre of open space per 20.acres of gross site area;

. '

. .

. .

(b) Three percent for the second acre of open space per 20 acres of gross site area; and

(c) Two percent for each additional acre of open space per 20 acres of gross site area.

(2) For usable open space reservation, a maximum increase o f

(a) Eight percent for the first acre of.usable open space per 20 acres of gross site area; . .

(b) Four percent for the second acre of usable open space per 20 acres of gross site area; and

(c) Three percent for each additional acre of usable open space per 20 acres of gross ' . site area.

12029

4 120-48 INDUSTRY CODE 0 120-48

B. Character identity and architectural and siting variation incorporated in a development shall be considered cause for population density and floor area ratio increases not to exceed 20%, provided that they make a substantial contribution to the objectives of a plahned district. The degree of distinctiveness and desirable variation achieved shall govern the amount of density and/or floor area ratio .increase which may be approved. Incorporated elements may include (but are not limited tojthe following:

(1) Landscaping.

.\

(a) Streetscope.

(b) Open spaces and plazas.

(c) Use of existing landscape.

(d) Pedestrianway treatments. '

(e) Recreational areas.

(2) Siting.

(a) Visual focal points.

(b) Use of existing physical features (topography, etc.).

, (c) View.

'. (d) Sun and. wind orientation.

( e ) Circulation pattern.

( f ) Physical environment.

(g) Variation in building setbacks.

' (h) Building groups (cluster, etc.). i

(3) Design features.

(a) Street sections.

(b) Architectural styles.

(c) Harmonious use of materials.

(d) Parking areas broken by landscape features.

(e) Varied use of house types:

[ I ] Atrium or court.

[2] Townhouse.

[3] Maisonette.

[4] Attached.

,

_: .

[ 5 ] ,Terrace.

[6] Tower. \

12030

I Q 120-48 SUBDIVISION OF LAND 4 120-51

C. Open space reservation for use in obtaining the above premiums shall be reserved in the public domain or otherwise reserved by a legally binding agreement and may be in the form of land located within the planned unit development district, land located adjacent to such district or funds which the borough shall use for the acquisition and development of

the open space is not dedicated for public use, legal agreements shall include an open space easement granted to the borough and provision for adequate future maintenance.

. ' public open space adjacent to the district for the enjoyment and use of the general public. If

5 120-49. Minimum building setback.

A. From street right-of-way.

(1) When street is a continuation of a street in another adjoining zoning district, buildings shall be set back from the street line a minimum distance equal to that required for buildings in such other district, for a distance of 100 feet into the planned unit development.

(2) When the planned unit development is across a street from property in another zoning district, buildings along such portion of street that is opposite such other zoning district shall be set back from the street line a distance equal to that required in such opposite district.

(3) Other than Subsection A(l) and (2) above, no setback is required.

B. From boundary lines other than street line: buildings shall be'set back from boundary lines of the'planned unit development (when other than street lines) a distance equivalent to the maximum required anywhere in the Zoning Ordinance" for comparable types of structures on the abutting properties.

5 120-50. Maximum length of buildings.

Building shall be so limited 200 feet In length as to provide for reasonable access to the rear for purposes of garbage and trash collection, access 'to open space, parking and loading areasand safety.

ARTICLE VI1 Conditions of Acceptance ' .

5 120-51. Recording.

Upon the approval of a final plat, the developer shall within 90 days of such final approval record such plat in the office of the Recorder of Deeds of Beaver County. Whenever plat approval is required by a municipality, the Recorder of Deeds of Beaver County shall not accept any plat for recording unless such plat officially notes the approval of Industry Borough Council and Planning Commission.

' r .

21 Ediior's,Note: See Ch. 140, Zoning.

1203 1

fj 120-51 INDUSTRY CODE 4 120-53

A. After an approved subdivision plan shall have been officially recorded, the streets, parks and other public improvements shown thereon shall be so considered to be a part of the Official Map of the borough.

B. Streets, parks and other public improvements shown on a subdivision plan to be recorded may be offered for dedication to the borough by formal notation thereof on the plan or the owner may note on such plan any improvements which have not been offered for dedication to the borough.

',

C. Every street, park or other improvement shown on a subdivision plan shall be deemed to . be a private street, park or improvement until such time as the same shall have been

offered for dedication to the borough and accepted by ordinance.or resolution or until it shall have been condemned for use as a public street, park or other improvement.

,

!j 120-52. Approval.

A.

B.

C.

D.

E.

The Borough Council shall not approve any subdivision plan except in conformance with the provisions of these regulations.

The Borough Council may specify alterations; changes, or modifications.

No road, street, land, way or related improvement shall be accepted as a part of the highway system of the borough or for maintenance unless opened; laid out, graded and improved in strict accordance with the standards and regulations of the Borough Council.

Before acting to approve any subdivision plan, the Borough Council may arrange a public hearing thereon, after giving such notice as may be deemed desirable.

Before approving any subdivision plan,, the Borough Council shall require a written agreement that necessary grading, paving and street improvements, sidewalks, monuments, street lights, fire hydrants, water mains &d sanitary sewers, as may be required by the borough, shall be installed in strict accordance with the standards and specifications by the subdivider within a specified reasonable time. The written agreement shall include a bond, deposit of funds or other securities sufficient in amount as shall be determined by the Engineer to cover the cost of such improvements. If the improvements shall not have been installed within the time required or agreed upon and in accordance with the standards and specifications, such deposit shall be forfeited to the borough. Upon written certification by

be returned to the subdivider. . . the Engineer that such improvements have been satisfactorily completed, the deposit shall . .

ARTICLE VI11 '

Administration and Modification

0 120-53: Supersession of prior regulations.

The foregoing regulations shall supersede and replace all other regulations issued by the Industry Borough Planning Commission previous to the approval date of these regulations. .

12032

9 120-54 SUBDIVISION OF LAND

$! 120-54. Changes. .-

0 120-57

The Industry Borough Council may from time to time recommend revising, modifying and amending these regulations by appropriate action taken at a scheduled meeting.

0 120-55. Variances.

A. Where the Planning Commission finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice. may be done and the public interest secured, provided that such variance will not have the effect of nullifying . the intent, interest and' purpose of the Comprehensive Plan or these regulations.

B. In granting variances and modifications, the Planning Commission may require such conditions, as will, in its judgment, secure substantially the objectives of the standards' or requirements so varied or modified. The granting of variances and modifications by the Planning Commission shall be conditional. and subject to the final approval of Industry

. Borough Council. The reasons for granting the variance shall be recorded in the borough's official record.

.

0 120-56. Certificates, affidavits and approval;

Certificates, owner's adoption and affidavits as required by the Planning Commission shall be inscribed on the plan and shall be properly signed and attested when the plan is submitted to the Planning Commission.

0 120-57. Violations and penalties.22

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by a borough, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If 'the defendant neither pays nor timely appeals the judgment, the borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall' constitute a separate violation, unless the District Justice determining that there'has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have, believed that there was no such violation, .in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter, each day that a violation continues .shall constitute'.a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the borough.

.

\ ,

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

I2033

5 120-58 INDUSTRY CODE 5 120-61 . .

-. ARTICLEIX . 1

Design Standards and Improvement Requirements in Designated Floodplain Districts

[Added 8-28-1979 by Ord. No. 74-79] \

0 120-58. Purpose.

The following land subdivision principles, standards and requirements shall be applied by the Planning Commission in evaluating the plans for proposed subdivisions which include land located in any designated floodplain district. These requirements are in addition to all other requirements and shall be considered minimum.

A. Where not prohibited by this chapter or any other laws or ordinances, land located in any designated floodplain district may be platted for development with the provision that the developer construct all buildings and structures to preclude flood damage in accordance with this chapter and any other laws and ordinances regulating such development.

B. Designated floodplain districts are those floodplain districts spe&fically designated in the Industry Borough Zoning Ordinance, as amended,23 as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW) and the Flood-Fringe District (FF).

,-. :, . , .. 1 . .

. . .

0 120-59. Sewer facilities.

A. All sanitary sewer systems located in any designated floodplain district, whether public or private, shall be floodproofed up to at least one foot above the one-hundred-year-flood elevations.

B. No part of any on-site sewage disposal system shall be constructed within any designated floodplain district.

0 120-60. Water facilities.

All water systems located in any designated floodplain districts, whether public or private, shall be floodproofed up to at least one foot above the one-hundred-year-flood elevation.

3 120-61. Other utilities and facilities.

All other public and private utilities and facilities, including gas, electrical and telephone systems being placed in flood-prone areas, shall be elevated or floodproofed up to at least one foot above the one-hundred-year-flood elevation.

i 23 Editor's Note: See Ch. 140, Zoning. ,

12034

8 120-62 SUBDIVISION OF LAND 9 120-63

0 120-62. Additional requirements for preliminary plans

Where the subdivision andor land development lies partially or completely within any designated floodplain districts or where such activities border on any designated floodplain district, the preliminary plan map shall include the following information:

A. The location and elevation of proposed roads, utilities and building sites, fills, flood or erosion protection facilities.

. .

B. The one-hundred-year-flood elevations.

C. The boundaries of the designated floodplain districts.

0 120-63. Additional requirements for final plans.

The following information shall be required as part of the final plan and shall be prepared by a registered engineer or surveyor: a map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any designated floodplain district. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the flood-prone areas.

.

1.2035