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Home My WebLink AboutGreencastle Subdiv Ordi BOROUGH OF GREENCASTLE Frankin County8 Pennswania SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Ordinance 6-79, December 38 7979 As Amended Through Ordinance 1995-38 January 3, 1995 Penns Valley Pubishers A Division of Fry Communikaiions, he. Mechani'k~burgp~e nns ylvania ??/????? CHAPTER 22 SUBDIVISION AND LAND DEVELOPMENT Part 1 Purposes, Interpretation, and Short Title 0101. Purposes 5102. Interpretation 5103. Short Title Part 2 Definitions 5201. Definitions Part 3 Dedications of Property and Improvements Control of Subdivisions; Recording of Plans; 5301. Control of Subdivisions 0302. Modifications 0303. 0304. Recording of Plats and Deeds Effect of Plat Approval on Official Nap Part 4 General Procedure and Jurisdiction 1401. 0402. 0403. 5404. 5405. 5406. 5407. 5 408. 9409. 0410. Plan Approving Authority Submittal of Plans Review of Plans Approval of Plans; Hearing Waiver or Modification of Requirements Fees Review Fees Exempt ions Effect of Change in this Chapter Amendments Part 5 Voluntary Preapplication Consultation 5501. 5502. Sketch Plan Submission Consultation with the Planning Commission Page Revised 1/3/1995 -139 - Part 6 Preliminary Plans 5601. Plan Requirements 5602. Review Procedure 5701. 5702. 5703. §704. 5705. 5801. 5802. 5803. 5804. 5805. 5806. 1807. 1901. §902. 5903. 5904. §905. 5906. 1907. 5908. 5909. 5910. 5911. 5912. 5913. 5914. 5915. 0 3 5 Part 7 Final Record Plans Plan Requirements Review Procedure Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval Release from Improvement Bond Remedies to Effect Completion of Improvements Part 8 Design Standards Application Construction of Improvements General Standards Blocks and Lots Streets, Alleys, and Sidewalks Utilities Other Public Facilities Part 9 Mobile Home Park Regulations Procedure Approval of a Mobile Home Park Plan Park Site Lot Requirements Yard and Setback Requirements Park Street System Required Off-street Parking Utility Improvements Usable Open Space Buffer Strips Walkways Signs and Lighting Other Site Improvements Park Areas for Non-Residential Uses Existine Mobile Home Parks -140 -Page Revised 1/3/19?5 Part 10 Penalties §lOOl. Enforcement Remedies §1002. Preventative Remedies Appendix A Suggested Planning Format Figure 1. Sketch Plan Figure 2. Preliminary Plan Figure 3. Final Plan Appendix B Suggested Applicant's Checklist 1. 2. Final Plans Checklist for use in Borough Subdivision Review Page Revised 1/3/1995 -141 - , (22, 5101) (22, 5101) Part 1 Purposes, Interpretation, and Short Title 5101. Purposes. This Chapter is enacted for the purpose of assuring sites suitable for building purposes and human habitation and to provide for the harmonious development of Greencastle Borough; for the coordination of existing streets with proposed streets; for adequate open space for traffic, recreation, light and air, for proper distribution of population and conformity with the Borough Zoning Ordinance [Chapter 271, thereby creating conditions favorable t o the health, safety, morals, and general welfare of the citizens of Greencastle Borough. (Ord. 6-79, 12/3/1979, 5100) 5102. Interpretation. The provisions of the Chapter shall be held to be minimum requirements to meet the above stated purposes. Where the provisions of this Chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this Chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this Chapter, the -p6r-o7v9,i s i1o2n/s3 /o1f9 79s,u c5h1 0s1t)a tute, ordinance, or regulation shall prevail. (E 5103. Short Title. This Chapter may be cited as "The Greencastle Borough Subdivision and Land Development Ordinance." (Ord. 6-79, 12/3/1979, 5102; as amended by Ord. 1995-3, 1/3/1995) Page Added 1/3/1995 -142.1 - (22, 5201) (22, 5201) Part 2 Definitions 5201. Definitions. As> used in this include the plural, and those in the plural Chapter words in the singular include the singular. The word "person" includes corporation, unincorporated association and partnership, as well as an individual. The word "building" includes the meaning of structure" and shall be construed as if followed by the phrase "or part thereof." The following words as used in this Chapter shall have the meaning indicated below: APPLICANT -a landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns. [Ord. 1995-31 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. [Ord. 1995-31 I1 BLOCK -an area bounded bounded by three (3) streets. [Ord. 1995-31 CARTWAY -the paved portion of a street right-of-way intended for vehicular use. [Ord. 1995-31 CLEAR-SIGHT DISTANCE -a line of unobstructed vision from a point four and one-half (4-1/21 feet above the center line of a street to the nearest point on the top of an object four (4) inches high on the same center line. CLEAR-SlGHT TRIANGLE -an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines. COMMON OPEN SPACE -a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. [Ord. 1995-31 COh9OMINIUM -for the purposes of this Chapter, the definition of a 11 condominium" shall be the same as that set forth in the Uniform Condominium Act in 93103, 68 Pa.C.S.A. 93103. [Ord. 1995-31 CROSSWALK -a right-of-way for pedestrian travel across or within a block. CUL-DE-SAC -a residential street with access closed at one (1) end and with a vehicular turn-around at the closed end. DEVELOPER -any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. [Ord. 1995-31 DEVELOPMENT PLAN -the provisions for development including a planned residential development, a plat of subdivision, all covenants relating t o use, location and bulk of buildings and other structures, intensity of use Page Added 1/3/1995 -142.3 - (22, 1201, cont'd) (22, 9201, cont'd) or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this Chapter shall mean the written and graphic materiaal referred to in this definition. [Ord. 1995-31 DRAINAGE -the flow of water or liquid waste and the methods of directing such flow. EASEMENT -a right granted for the use of private land for certain public or quasi-public purposes; also the land to which such right per-, tains. ENGINEER -the Borough Engineer or any consultant designated by the Borough Council to review a subdivision plan and perform the duties of engineer on behalf of the Borough. LAND DEVELOPMENT -any of the following activities: lots, tracts or parcels of land for any purpose involving: A. The improvement of one (1) lot or two (2) or more contiguous (1) A group of two (2) or more residential or nonresidentiia 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, (2) The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. B. A subdivision of land. C. "Land development'' does not include development which in-(1) The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three (3) residential units, unless such units are intended to be a condominium; (2) The addition of an accessory building, including farm building, on a lot or lots subordinate t o an existing principal building; or, (3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusemeen park is defined as a tract or area used principally as a a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusemeen park until initial plans for the expanded area have been -volves: approved by the proper authorities. [Ord. 1995-31 -142.4 -Page Added 1 /3 /1 9 9 5 (22, 6201, cont'd) (22, 5201, cont'd) LAhQOWNER -the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. [Ord. 1995-31 LOT -a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. [Ord. 1995-31 MOBILE HOME -a transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one (1) unit, or in two (2) or more units designed to be joined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. [Ord. 1995-31 MOBILE HOME LOT -a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home. MOBILE HOME PARK -a parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobile home lots for the placement thereon of mobile homes. MUNICIPAL AUTHORITY -a body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945." [Ord. 1995-31 PLANTING STRIP -the unpaved portion of a street, right-of-way between the sidewalk-pavement and the property line. PUBLIC GROU?DS -includes: areas and other public areas; other publicly owned or operated facilities; and, [Ord. 1995-31 [Ord. 1995-31 A. Parks, playgrounds, trails, paths and other recreational B. Sites for schools, sewage treatment, refuse disposal and C, Publicly owned or operated scenic and historic sites. [Ord. 1995-3) PUBLIC HEARING -a formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter. [Ord. 1995-31 PUBLIC MEETING -a forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 841, known as the "Sunshine Act," 53 P.S. 19271 et seq. [Ord. 1995-31 PUBLIC NOTICE -notice published once each week for two (2) successive weeks in a newspaper of general circulation in the Borough. 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 thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing. [Ord. 1995-31 -Page Added 1/3/1995 -142.5 - (22, 5201, cont'd) (22, 0201, cont'd) RIGHT-OF-WAY -land set aside for public use as a street, crosswalk, or other common means of communication and travel. SANITARY SEWER FACILITY -a public sanitary sewer system, or a comparable common or package sanitary sewer facility approved by the appropriate governmental agency. STREET -includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. [Ord. 1995-3 1 STRUCTURE -any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. [Ord. SUBDIVISION -the division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose whether immediate or future, of lease, partition by the court for distributiio to heirs or devisees, transfer of ownership or or building or lot develoopmen ; provided, however, that the division by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involviin any new street or easement of access, or any residential dwelling shall be exempted. [Ord. 1995-3) SUBSTANTIALLY COMPLETED -where in the judgment of the Borough Engineer, at least ninety (90) percent (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of this Chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use. [Ord. 1995-31 1995-31 WATER SURVEY -an inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Borough. [Ord. 1995-33 (Ord. 6-79, 12/3/1979, 8200; as amended by Ord. 1995-3, 1/3/1995) -142.6 -Page Added 1/3/1995 (22, 5301) (22, 5301) Part 3 Control of Subdivisions; Recording of Plans; Dedications of Property and Improvements 8301. Control of Subdivisions. From and after the effective date of this Chapter no subdivision of any lot, tract, or parcel of land within the Borough shall be made, and no street, sanitary sewer, storm sewer, water main or other facility in connection therewith shall be laid out, construucted 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 this Chapter. 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 plan for the subdivision has been approved by the Borough Council and recorded, and until the improvements required by the Borough Council in connection therewith have either been constructed in strict accordance with the standards and specifications of the Borough or guaranteed as provided in 5701(F), of this Chapter. Said standards and specifications, particulaarl as presented in Part 8 of this Chapter are declared to be a minimurr guarantee that all streets shown on any proposed plan are of sufficient width and proper grade and so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protectiion provide access for fire fighting equipment to buildings and provide a coordinated system of streets conforming to the Borough's official plan of streets; and further, that the land whereon buildings are to be constructed is of such character that it can be used for building purposes without danger to health or peril from fire, flood or other hazard. (Ord. 6-79, 12/3/1979, 5300; as amended by Ord. 1995-3, 1/3/1995) 5302. Modifications. 1. The Borough Council may grant a modification cf the requirements of one (1) or more provisions of this Chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this Chapter is observed. 2. All requests for a modification shall be in writing and shall accompany and be a part of the 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 or provisions of this Chapter involved and the minimum modification necessary. 3. The request for modification shall be referred to the Planning Commission for advisory comments. 4. The Borough Council shall keep a written record of all action on all requests for modifications. (Ord. 6-79, 12/3/1979; as added by Ord. 1995-3, 1/3/1995) Page Added 1/3/1995 -142.7 - (22, 5303) (22, 5303) 5303. Recording P l a t s and Deeds. 1. Upon the approval of a, f i n a l p l a t , the developer s h a l l within ninety (90) days of such f i n a l approval record such plat i n the office of the recorder of deeds of Franklin County. The recorder of deeds s h a l l not accept any p l a t f o r recording unless such plat o f f i c i a l l y notes t h e approv- l of the Borough Council, and review by the County Planning Commission. The recording of the p l a t s h a l l not c o n s t i t u t e grounds f o r assessmeen increases u n t i l such time as l o t s a r e s o l d or improvements are in- t a l l e d on the land included within the subject p l a t . (Ord. 6-79, 12/3/1979, 5301; as amended by Ord. 1995-3, 1/3/1995) Effect of P l a t Approval on Official Map. 2. 5304. After a p l a t has been approved and recorded as provided i n t h i s Chapter, a l l s t r e e t s and public grounds on such plat shall be, and become a part of the o f f i c i a l map of the Borough without public public hearing. Ord. 1995-3, 1/3/1995) (Ord. 6-79,-12/3/1979, 1301; as amended by -142.8 -Page Added 1/3/1995 (22, 5401) (22, 5401) Part 4 General Procedure and Jurisdiction 5401. Plan Approving Authority. All subdivision or land development plans shall be subject to approval, modification, or rejection by the Borough Council; in the event such a plan is disapproved the reasons therefore shall be set forth in writing and given to the applicant. Prior to action by the Borough Council, all subdivision or land development plans shall be referred to the Borough Planning Commission for its review and recommendations. (Ord. 6-79, 12/3/1979, §400; as amended by Ord. 1995-3, 1/3/1995) 5402. Submittal of Plans. The applicant shall submit preliminary and final copies of subdivision or land development plans t o the Borough Secretary, and the Borough Secretary shall distribute the required number of copies to the Borough agencies concerned, as provided for in Parts 5, 6, and 7. All plans when first submitted shall be considered preliminary plans. If the applicant makes substantial revisions in his plans after they have been approved in preliminary form, such revised plans shall be treated as preliminary plans when resubmitted. (Ord. 6-79, 12/3/1979, §401; as amended by Ord. 1995-3, 1/3/1995) 5403. Review of Plans. Subdivision and land development plans shall be reviewed by the Borough Planning Commission at its first regular meeting following the date of submittal, providing that such plans are submitted at least ten (10) days prior to the meeting. Meetings of the Planning Commission at which plans are reviewed shall be open to the public. Applicants shall be given reasonable notice of the time and place at which their plans are to be reviewed. Ord. 1995-3, 1/3/1995) (Ord. 6-79, 12/3/1979, 0402;-as amended by 5404. Approval of Plans; Hearing. Approval of preliminary plans by the Borough Council shall be considered approval of the arrangement and dimensions of streets, lots and other features shown on the plans and may be made conditionally on specified changes to be incorporated in the plans. The Council's approval of the final plans shall be given only after the requirements and conditions indicated on or in connection with the prelimiinar plans have been met; and said approval shall constitute final Borough approval for the purpose of recording the plans in the Office of the County Recorder of Deeds. Before acting on any subdivision or land development plan, the Borough Council may arrange for a public hearing thereon after giving such notice as it may deem necessary and desirable in each case. (Ord. 6-79, 12/3/1979, 8403; as amended by Ord. 1995-3, 1/3/1995) 5405. Waiver or Modification of Requirements. When an entire tract of land is divided into not more than two (2) lots with frontage on a paved street of sufficient width and none of the lots is intended for further subdivision, the requirements for submittal of final plans may be waived upon written application of the applicant and that final approval be granted on the basis of the preliminary plan as submitted. The application Page Added 1/3/1995 -142.9 - (22, 5405, cont'd) (22, 5405, cont'd) must include a statement that none of the lots to be created is intended for further subdivision or land development as well as a plan to scale giving all of the boundary dimensions of the tract and of the proposed lots, the location of proposed buildings, and the width of abutting streets. (Ord. 6-79, 12/3/1979, 5404; as amended by Ord. 1995-3, 1/3/1995) 5406. Fees. 1. The Borough Council shall establish by resolution a schedule of fees, charges and expenses .and collection procedures for zoning permits, occupancy permits, special exceptions, variances and appeals, and other matters pertaining to this Chapter. The schedule of fees shall be posted in the office of the Zoning Officer and may be altered or amended only by the Borough Council. 2. No action shall be taken on any application or appeal until all application fees, charges and expenses have been paid in full. (Ord. 6-79, 12/3/1979, 5405; as amended by Ord. 1995-3, 1/3/1995) 5407. Review Fees. 1. Review fees shall include the reasonable and necessary charges by the Borough's professional consultants or Engineer for review and report to the Borough, and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charge,s by the Borough Engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants. 2. In the event the applicant disputes the amount of any such review fees, the applicant shall, within ten (10) days of the billing date, notify the Borough that such fees are disputed, in which case the Borough shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees. 3. In the event that the Borough and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the fees shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Borough and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer. (Ord. 6-79, 12/3/1979; as added by Ord. 1995-3, 1/3/1995) 5408. Exemptions. The following are exempt or partially exempt from A. The conversion of an existing single-family detached dwelling or single family semi-detached dwelling into not more than three (3) residential units, unless such units are intended to be a condominium; B. The addition of an accessory building, including fan buildinngs on a lot or lots subordinate t o an existing principal building; or the provisions of this Chapter: -142.10 -Page Added 1/3/1995 C. The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities. (Ord. 6-79, 12/3/1979; as added by Ord. 1995-3, 1/3/1995) 1409. Effect of Change in This Chapter. Changes in this Chapter shall affect plats as follows: 1. From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this Chapter, and while such application is pending approval or disapproval, no change or amendment of this Chapter, zoning or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicaan shall be entitled to a decision in accordance accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly approved. The applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations. 2. When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions , no subsequent change or amendment in this Chapteer zoning or other governing ordinance or plan shall be applied t o affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five ( 5 ) years from such approval. 3. Where final approval is preceded by preliminary approval, the aforesaid five ( 5 ) -year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of this Chapter or the governing ordinance or plans as they stood at the time when the application for such approval was duly filed. 4. Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five (5) -year limit, or any extension thereof as may be granted by the Borough Council, no change of any ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location. 5. In the case of a preliminary plat calling for the installation of improvements beyond the five (5) -year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated Page Added 1/3/1995 -142.11 - (22, 5409(5), cont'd) (22, §409(5), cont'd) annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the Borough Council in its discretion. 6 . Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of twenty-five (25%) percent of the total number of dwelling units as depicted on the preliminaar plan, unless a lesser percentage is approved by the Borough Council in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantiaall completed within said five ( 5 ) -year period the aforesaid protectiion shall apply for an additional term or terms of three (3) years from the date of final plat approval for each section. 7. Failure of landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in this Chapter, zoning, and other governing ordinance enacted by the Borough subsequent to the date of the initial preliminary plan submission. (Ord. 6-79, 12/3/1979; as added by Ord. 1995-3, 1/3/1995) 5410. Amendments. 1. Amendments to this Chapter shall become effective only after a public hearing held pursuant to public notice. A brief summary setting forth the principal provisions of the proposed amendment and a reference t o the place within the Borough where copies of the proposed amendment may be secured or examined shall be incorporated in the public notice. Unless the proposed amendment shall have been prepared by the Planning Commission, the Borough Council shall submit the amendment to the Planning Commission at least thirty (30) days prior to the hearing on such amendment to provide the Planning Commission an opportunity to submit recommendations. In addition, at least thirty (30) days prior to the public hearing on the amendment, the Borough shall submit the proposed amendment to the County planning agency for recommendations. 2. Within thirty (30) days after adoption, the Borough Council shall forward a certified copy of the amendment to the County planning agency. 3. Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this Section, and shall include the time and place of the meeting at which passage will be considerred a reference to a place within the Borough where copies of the propoose amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed amendment once in a newspaper of general circulation in the Borough not more than sixty (60) days nor less than seven (7) days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included: -142.12 -Page Added 1/3/1995 A. A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published. B. An attested copy of the proposed amendment shall be filed in the County law library (or other County office designated by the County Commissioners), 4. In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Borough Council shall, at least ten (10) days prior to enactment, readvertise, in one (1) newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendmennts (Ord. 6-79, 12/3/1979; as added by Ord. 1995-3, 1/3/1995) Page Added 1/3/1995 -142.13 - (22, §501) (22, 5501) Part 5 Voluntary Preapplication Consultation l -§sol. 1. Before submitting an application for development or taking steps to acquire land or subdivide , the applicant , developer, landowner or subdivider shall be familiar with all applicable laws, statutes, ordinances and/or regulations, and may consult with the Planning Commission about the following factors: Consultation with the Planning Commission. A. The suitability of the site for development. B. The demand for a development of the type proposed in the C. The accessibility of the site. D. The availability of public facilities (schools, parks, water, sanitary and storm sewerage, etc.) and public services (police, fire, refuse disposal, etc.). E. The effect on the application, land development, lot, project and/or subdivision of any contemplated improvements or the proposals of any comprehensive plan. particular location proposed. F. The requirements of this Chapter. G. The requirements of the Borough Zoning Ordinance [Chapter 271. 271. H. The sewage facilities requirements of the Pennsylvania Department of Environmental Resources and the Borough. I. Erosion and sedimentation plans and permits as required by the Pennsylvania Department of Environmental Resources and as required by the Franklin County Conservation District. J. Precautionary measures to preserve or protect historic and natural features. K. Approvals by all appropriate State and Federal agencies. 2. Any voluntary preapplication consultation shall be kept as confidential as possible. Such voluntary preapplication consultation shall not be binding upon the Planning Commission or Borough Council, nor shall any such consultation constitute an official application for development. (Ord. 6-79, 12/3/1979, 0500; as amended by Ord. 1995-3, 1/3/1995) 0502. Sketch Plan Submission. It is suggested that prior to the voluntary preapplication consultation with the Planning Commission the applicant, developer, landowner or subdivider prepare a sketch plan of his proposed land development, lot, project and/or subdivision and submit sufficient data to the Planning Commission for purposes of generally illustrating and discussing the same. Any such sketch plan or information shall not constitute an official application for development. An example -o6-f7 9s,u c1h2 /a3 /s1k9e7t9c,h 0p5l0a1n; aiss acmoenntdaeidn ebdy iOnrd .A pp1e9n9d5i-x3 , A1 /o3f/1t9h9i5s) Chapter. (Ord. -Page Added 1/3/1995 -142.15 - (22, 5601) (22, 5601) Part 6 Preliminary Plans 5601. Plan Requirements. The Planning Commission may require that the following materials shall be submitted with an application for review and approval of preliminary plans: [Ord. 1995-31 A. Eight (8) copies of the plan in the form of a map or series of maps drawn to a scale not smaller than two hundred (200) feet to the inch and showing the following: [Ord. 1995-31 (1) The limits and dimensions of the tract to be subdivided or developed and the proposed name or identifying title of the subdivision or land development. The date, scale and north point. [Ord. 1995-31 (2) Existing and proposed streets, including the name, widths of the right-of-way and cartway. (3) The location and dimensions, where applicable, of existing buildings, railroads, easement, right-of-way, public lands, tree masses, streams and other features, and monuments. (4) The location and dimensions of proposed easements, existing property lines, rights-of-way, and land reserved for public purposes; and the location, course, and dimensions of existing and proposed sanitary and storm sewer and water facilitiies (5) Existing topographic contours at not more than ten (10) foot intervals or at such intervals that the contours shall have a maximum spacing of one hundred (100) feet. The Planning Commission may also require supplemental plans showing proposed final contour. (6) The name and address of the applicant. The name, seal, and signature of the engineer, architect, or surveyor who prepaare the plan. The name and address of the owner of the tract and the names of the owners of adjoining tracts. B. Eight (8) copies of a sketch or map, drawn approximately to scale, showing the location of the proposed subdivision or land development in relation to adjacent properties and existing streets, and showing any proposed connection with existing sewer and water facilities and a summary table of the number of structures and dwelliin units proposed. [Ord. 1995-31 C. Eight (8) copies of a statement of proposed proposed improvements, including streets, curbs, gutters, and sidewalks, including a typical cross section diagram of proposed street construction, and including the proposed means of water supply and sanitary drainage. [-Ord. D. In the event that the plans propose the enlargement of utility or any other services extending from another municipality, a statement or certificate indicating that the proposal has been revieewe by the municipality or municipal authority concerned and is considered to be reasonable. [Ord. 1995-31 199 5-3 ] Page Added 1/3/1995 -142.17 - (22, 5601 (E) (22, 5601 (E)) E. Whenever a single tract or parcel of land is to be subdivided into three (3) or more lots, the applicant shall prepare, for the use of the Borough, four (4) copies of a formal revision to the Borough's Official Liquid Wastes Disposal Plan, pursuant to the rules and regulations of the Pennsylvania Department of Environmental Resources. Such revision shall include but shall not be limited to the following information: [Ord. 1995-31 (1) A preliminary plot plan indicating within the site the location of existing and proposed buildings, lot lines, sewage or sewerage systems, all sources of water supply such as wells and springs, ponds, streams, and other bodies of water, rights-ofwaay streets, roadways, highways, and access routes. (2) Information relating to the type of water supply and sewage supply provided or to be provided including soil conditiion and limitations for on-lot sewage disposal if applicable. (3) Information relating to adjacent property, buildings, sources of water supply, ponds, streams, sewage or sewerage systems, rights-of-way, streets, that may have a significant effect on the environmental and sanitary aspects of the proposed subdivision. ( 4 ) Direction to north, direction of slopes, and degree of slope. (5) Direction and distance of the nearest sewage treatment plant and information as to its present or future accessibility in terms of time, finances and load capacity as well as the sources of this information. (Ord. 6-79, 12/3/1979, 5600; as amended by Ord. 1995-3, 1/3/1995) 5602. Review Procedure. 1. Upon receipt of the required plans and application materials, the Borough Secretary shall forward four (4) copies of the plan and supporting data to the Borough Planning Commission, one (1) copy of the plan and supporting data to the Engineer, and one (1) copy to the Zoning Officer, and one (1) copy to the County Planning Commission. [Ord. 1995-31 2. The Engineer shall review the plans from the standpoint of engineering requirements and considerations and shall transmit them to the Planning Commission with a copy of his report, and the Zoning Officer shall review the plans to determine compliance with pertinent Borough ordinances and shall transmit the plans and a report to the Planning Commission. 3. The County Planning Commission shall review and report on the plans at County expense. The Borough shall not approve the plans until the County report is received or until the expiration of thirty (30) days from the date the application was forwarded to the County. 4. The Borough Planning Commission shall take official action in preliminary subdivision plan within sixty (60) days of Borough receipt of the plans and data. The Commission shall note its action on five (5) copies of the plans. The five ( 5 ) noted copies of the plan shall then be forwarded to the Borough Council along with a recommendation concerning -142.18 -Page Added 1/3/1955 (22, §602(4), cont'd) (22, §602(4), cont'd) preliminary approval. Upon its approval of the preliminary plans the Commission shall recommend to the Borough Council that the revision to the Borough Official Liquid Waste Disposal Plan be formally adopted and submittte to the Pennsylvania Department of Environmental Resources for their review. [Ord. 1995-31 5 . A l l applications for approval of a preliminary plat shall be acted upon by the Borough Council and its decision communicated to the applicant not later than ninety (90) days following the date of the regular meeting of the Borough Council or the Planning Commission (whichever first reviews the application) next following the date the application is filed, provided that should the said next regular meeting occur more than thirty (30) days following the filing of the application, the said ninety (90) day period shall be measured from the thirtieth (30th) day following the day the application has been filed. A. The decision of the Borough Council shall be be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than fifteen (15) days following the decision. B. When the application is not approved in terms as filed the decision shall specify the defect found in the application and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon, C. Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terns as presented unless the applicant has agreed in writing to ar! extension of time or change in ths prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect, D. Public Hearing. Before acting on any application, the Borough Council may hold a public hearing hereon after giving public notice. [Ord. 1995-31 (Ord. 6-79, 12/3/1979, §601; as amended by Ord. 1995-3, 1/3/1995) Page Added 1/3/1995 -142.19 - I (22, f701) (22, 5701) Part 7 Final Record Plans 1701. Plan Requirements. The Planning Commission may require that the following materials shall be submitted with an application for approval of a final plan. Final plans shall conform in all important details with preliminary plans as previously approved, and any conditions specified in the approval of preliminary plans shall be incorporated in the final plans. [Ord. 1995-31 A. Eight (8) copies of the subdivision or land development plan in the form of a map or series of maps, drawn to a scale of not smaller than two hundred (200) feet to the inch on sheets eight and one-half by eleven (8-1/2 X 11) inches, eighteen by twenty-four (18 X 24) inches or, twenty-four by thirty-six (24 X 36) inches. Where more than one (1) sheet is required, an index map of the entire subdivision or land development at a smaller scale shall be shown on a sheet of the same size. The Planning Commission may require final plans at a scale of fifty (50) feet to the inch as a condition of preliminary plan approval to assure legibility in cases warranted by the complexiit of the proposal. At least one (1) copy of such map shall be made on linen, or acetate, or comparable materials, and the error of closure shall not be more than one (1) part in ten thousand (10,000). Such final subdivision plans shall show: [Ord. 1995-31 (1) The itens required to be shown in preliminary subdivisiio plans, as specified in §601(A). (2) Final topographic contours at not more than ten (10) foot intervals so that the contours shall have a maximum spacing of one hundred (100) feet. (3) The location of all proposed monuments, street lights, and street signs. (4) The location of minimum building setback line. [-Ord. 1995-31 B. Eight (8) copies of a utility map or maps showing tract boundaries, existing and proposed streets, lot lines, sanitary and storm water sewer facilities, water pipes, curbs, sidewalks, fire hydrants, and manholes. [Ord. 1995-31 C. Eight (8) copies of profile and cross-section maps or diagrram of streets showing proposed grades of curbs, sanitary and storm water sewers, water pipes and other underground utilities. [Ord. D. A statement of the type or types of structures to be erected, and a summary table of the number of structure and dwelling units proposed. E. Evidence that the plans are in conformity with building, zoning, sanitation and other applicable Borough ordinances and regulatiion and with the regulations governing the extension of utility services into the Borough. In any instance where such plans do not conform, evidence shall be presented that an exception has been officially authorized. -1995-31 Page Added 1/3/1995 -142.21 - (22, §701(F)) (22, 5701(F)) F. Evidence that the applicant has installed the necessary streets and other improvements as required in 5802 in accordance with Borough standards and specifications, or that the applicant has furnished the Borough with guarantee or surety in accordance with the provisions of this Chapter for the completion of said improvements. [Ord. 1995-31 (Ord. 6-79, 12/3/1979, 5700; as amended by Ord. 1995-3, 1/3/1995) 5702. Review Procedure. 1. One (1) copy of each subdivision plan and one (1) copy of utility maps and street profiles received by the Borough Secretary shall be transmittte to the Borough Planning Commission for its review, or for review by its subdivision committee. The Commission or its committee shall report back to the Borough Secretary whether the final plans as submitted are in sufficient agreement with previously submitted preliminary plans to warrant detailed engineering in review. 2. On receipt of the Planning Comission's favorable report, the Borough Secretary shall forward one (1) copy of the subdivision plan and one (1) copy of utility maps and street profiles to the Engineer for his review as to the adequacy and estimated cost of construction of required public improvement. In the event that the Planning Commission finds that the applicant has made substantial changes in his plans since the preliminnar plans were approved, the Commission shall so notify the Borough Secretary and shall review the plans according to the procedure for prelimiinar plans. [Ord. 1995-31 3. On receipt of the Engineer's report, the Borough Secretary shall notify the Borough Solicitor to prepare proper forms of agreement between the Borough and the applicant concerning the matters described in 5701(F), above, and in §805(21), if appropriate. [Ord. 1995-31 The Borough Secretary shall not place consideration of the plan on the agenda of the Borough Council prior to receipt by the Borough of a favorable report from the Department of Environmental Resources regarding the official plan revision. However upon receipt of said favorable report the Borough Secretary shall notify the applicant of the time and place of the meeting at which the plans shall be considered, but in no event shall said plans be considered at a meeting later than provided in subsection (5) hereof. [Ord. 1995-31 All applications for approval of a final plat shall be acted upon by the Borough Council and its decision communicated to the applicant not later than ninety (90) days following the date of the regular meeting of the Borough Council or the Planning Commission (whichever first reviews the application) next following the date the application is filed, provided that should the said next regular meeting occur more than thirty (30) days following the filing of the application, the said ninety (90) day period shall be measured from the thirtieth (30th) day following the day the application has been filed. A. The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to to him at his last known address not later than fifteen (15) days following the decision. 4. 5. -142.22 -Page Added 1/3/1995 B. When the application is not approved in terms as filed the decision shall specify the defect found in the application and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon. C. Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect. D. Public Hearing. Before acting on any application, the Borough Council may hold a public hearing thereon after giving public not ice. [Ord. 1995-33 (Ord. 6-79, 12/3/1979, 5701; as amended by Ord, 1995-3, 1/3/1995) 5703. Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval, 1. No plat shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be otherwise required by this Chapter and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by this Chapter have been installed in accordance with this Chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees otherwise required by this Chapter, the developer may deposit with the Borough financial security in an amount sufficient to cover the costs of such improvements or common amenities including basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required. When requested by the developer, in order to facilitate financing, the Borough Council, shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvemeent agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within ninety (90) days unless a written extensiio is granted by the Borough Council; such extension shall not be unreasoonabl withheld and shall be placed in writing at the request of the developer. 3. Without limitation as to other types of financial security which the Borough may approve, which approval shall not be unreasonably withheld, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this Section. 2. Page Added 1/3/1995 -142.23 - (22 , 5 703 ( 4 ) ) (22 , 5703 (4) ) 4. Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth. 5 . Such bond, or other security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements. 6. The amount of financial security to be posted for the completion of the required improvements shall be equal to one hundred ten (110%) percent of the cost of completion estimated as of ninety (90) days followiin the date scheduled for completion by the developer. Annually, the Borough may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the ninetieth (90th) day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjusttment the Borough may require the developer to post additional security in order to assure that the financial security equals said one hundred ten (llOI) percent. Any additional security shall be posted by the developer in accordance with this subsection. 7. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the applicant or developer and prepared by a professional engineer licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon the recommenddatio of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Borough and the applicant or developer. The estimate certified by the third (3rd) engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third (3rd) engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developeer If the party posting the financial security requires more than one ( 1 ) year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional ten (10%) percent for each one (1) year period beyond the first anniversary date from posting of financial security or to an amount not exceeding one hundred ten (110%) percent of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one (1) year period by using the above bidding procedure. 9. In the case where development is projected over a period of years, the Borough Council may authorize submission of final plats by sections or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essentiia for the protection of any finally approved section of the development. 8. -142.24 -Page Added 1/3/1995 (22, §703(10)) (22, §703(10)) 10. As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough Council to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractoor performing the work. Any such requests shall be in writing addressed to the Borough Council, and the Borough Council shall have forty-five (45) days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the improvements completed or, if the Borough Council fails to act within said forty-five (45) day period, the Borough Council shall be deemed to have approved the release of funds as requested. The Borough Council may, prior to final release at the time of completion and certification by its Engineer, require retention of ten (10%) percent of the estimated cost of the aforesaid improvements. 11. Where the Borough Council accepts dedication of all or some of the required improvements following completion, the Borough Council may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed eighteen (18) months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this Section with regard to installation of such improvements, and the amount of the financial security shall not exceed fifteen (15%) percent of the actual cost of installation of said improvemennts 12. If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Borough, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this Section. 13. If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this Section, the Borough shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security security has been providded occupancy permits for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. (Ord. 6-79, 12/3/1979; as added by Ord. 1995-3, 1/3/1995) Page Added 1/3/1995 -142.25 - I (22, $704) (22, $704) 1704. Release from Improvement Bond. 1. When the developer has completed all of the necessary and appropriiat improvements, the developer shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaai improvements and shall send a copy thereof to the Borough Engineer. The Borough Council shall, within ten (10) days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report in writing, with the Borough Council, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within thirty (30) days after receipt by the Borough Engineer of the aforesaid authorization from the Borough Council; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and If said improvements, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. 2. The Borough Council shall notify the developer, within fifteen (15) days of receipt of the engineer's report, in writing by certified or registered mail of the action of said Borough Council with relation theretto 3. If the Borough Council or the Borough Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from a l l liability, pursuant to its performance guaranty bond or other security agreement. 4. If any portion of the said improvements shall not be approved or shall be rejected by the Borough Council, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, 5 . Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise, any determination of the Borough Council or the Borough Engineer. 6 . Where herein reference is made to the Borough Engineer, he shall be as a consultant thereto. 7. The applicant or developer shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection of improvemeent according to a schedule of fees adopted by resolution of the Borough Council and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants. A. In the event the applicant disputes the amount of any such expense in connection with the inspection of improveolents, the applicaan shall, within ten (10) working days of the date of billing, notify the Borough that such expenses are disputed as unreasonable or unnecessary, in which case the Borough shall not delay or disapprove a . . as outlined herein, shall be followed. -142.26 -Page Added 1/3/1995 (22, 5704(7) (A), cont'd) (22, 5704(7) (A), cont'd) subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed Engineer expenses. B. If, within twenty (20) days from the date of billing, the Borough and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and the Borough shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary. C. The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within fifty (50) days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately. D. In the event that the Borough and applicant cannot agree upon the professional engineer to be appointed within twenty (20) days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Borough is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Borough Engineer nor any professional engineer who has been retained by, or performed services for, the Borough or the applicant within the preceding five (5) years, E. The fee of the appointed professional engineer for determiniin the reasonable and necessary expenses shall be paid by the applicaan if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by one thousand ($1,000) dollars or more, the Borough shall pay the fee of the professional engineer, but otherwise the Borough and the applicant shall each pay one-half (1) of the fee of the appointed professional engineer. (Ord. 6-79, 12/3/1979; as added by Ord. 1995-3, 1/3/1995) 5705. Remedies to Effect Completion of Improvements. In the event that any improvements which may be required have not been installed as provided in this Chapter or in accord with the approved final plat the Borough Council is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If the proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough Council may, at its option, install part of such improvements in all or part of the subdivision or land developmmen and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Borough purpose. Ord. 1995-3, 1/3/1995) (Ord. 6-79, 12/3/1979; as added 6y Page Added 1/3/1995 -142.27 - ~-I (22, 5801) used Part 8 Design Standards ~ (22, 5801) 5801. Application. The standards of design in this Part shall be to judge the adequacy of subdivision and land development proposals. (Ord. 6-79, 12/3/1979, 5800; as amended by Ord. 1995-3, 1/3/1995) 5802. Construction of Improvements. The applicant shall grade and pave the streets and install all other necessary improvements at no expense to the Borough including, where required, curbs, sidewalks, water mains, sanitary and storm sewers, street lights, fire hydrants, street name signs, and other facilities and utilities required by the Council, in strict accorddanc with the requirements of this Part and the standards and specificattion of the Borough. Construction and inspection of all such facilities and utilities shall be subject to inspection by appropriate Borough officcial during the progress of the work. The applicant shall not begin work on structures in any part of the subdivision or development until the streets in that part have been graded to within four (4) inches of the finished grade. (Ord. 6-79, 12/3/1979, 5801; as amended by Ord. 1995-3, 1/3/1995) 5803. General Standards. 1. Land. No land shall be subdivided or developed for residential purposes unless all hazards to life, health, or property from flood, fire and disease, shall have been eliminated or unless the plans for the subdiviisio or development shall provide adequate safeguards against such hazards. 2. Development. Proposed subdivisions or developments shall be coordinated with existing nearby neighborhoods so that the cornunity as a whole may develop harmoniously. -(Ord. 6-75, 12/3/1979, 5802; as anended by Ord. 1995-3, 1/3/1995) 5804. Blocks and Lots. 1. Block Length. Residential and commercial blocks shall be not less than five hundred (500) feet long nor more than one thousand (1,000) feet long. 2. Block Width. Blocks shall be wide enough for two (2) tiers of lots and shall not generally be less than three hundred (300) feet wide between right-of-way lines, Double frontage lots are to be avoided and generalll will not be permitted unless the lots are a minimum of two hundred (200) feet deep. Along inter-community or major highways, through reverse frontage lots, served entirely by a separate residential service or neighborhood feeder street, may be required in order to protect the character of the major street. 4. Grading. Blocks and lots shall be graded to sufficient elevation to secure drainage away from buildings and to prevent the collection of 3. Through Lots. Page Added 1/3/1995 -142.29 - (22, 5804 (4) , cont 'd) (22, 5804(4) cont 'd) storm water in pools. Roof drainage shall be provided for according to recommendations of the Engineer or such other official as may be designated by the Borough Council. Top soil shall be preserved and redistributed as cover and shall be suitably planted with perennial grasses or ground cover. 5. Lot Size. The minimum lot size and lot width requirements shall be as required in the Borough of Greencastle Zoning Ordinance [Chapter 271. 6. Lot Lines, Lot lines shall be approximately at right angles or radial to street lines so long as reasonably shaped lots result. 7. House Numbers. Borough. [Ord. 1995-31 House numbers shall be assigned to each lot by the 8. Residential Parking. At least two (2) off-street parking spaces with access to a public street shall be provided for each proposed dwelling unit. Where such access is to other than a residential service street, adequate turn-around space shall be provided on the lot. 9 . Exceptions. Blocks in commercial and industrial districts may vary from the elements of design contained in this Section if the nature of the use requires special treatment. Off-street parking and loading space shall be provided along with safe and convenient access to the street system. [Ord. 1995-31 (Ord. 6-79, 12/3/1979, 5803; as amended by Ord. 1995-3, 1/3/1995) 5805. Streets, Alleys, and Sidewalks. 1. Street Pattern. The proposed street pattern shall be integrated with existing and/or officially planned streets and it shall be related to topography to produce useable lots and reasonable street grades. 2. Design and Purpose. Streets shall be designed according to their function and laid out to preserve the integrity of their design in accordannc with the following functional classifications: A. Minor Service Street. A street, usually within a developmeent intended primarily to serve only the properties along it. Standards assume light traffic flow and street parking along one (1) side. When such a street is intended to serve row or multi-family structures, the standards provide for parking on both sides and light traffic flow. Such streets should be laid out to discourage through traffic. B. Collector Street. A street which connects residential service streets to intercommunity streets or to neighborhood facilitiies Standards assume medium traffic flow and parking on both sides of the street. C. Major Highway or Street. A street connecting regional centers and only incidentally of local use. D. Alley and Service Drive. A minor street which provides a secondary means of access to the back or side of properties otherwise abutting a street. Standard assumes infrequent use by heavy vehicles at low speed. -142.30 -Page Added 1/3/1995 (22, §805(3)) (22, 5805 (3)) 3. Street Widths, Streets shall be laid out according to the follow-Class of Street Right-of-way Width Minimum Pavement ing minimum schedule: Width Minor Street 50 feet Collector Street 60 feet Major Highway or Street State Highway ~~ 34 feet 40 feet State Highway Department Standards Department StanLards Alley and Service Drive 20 feet 16 feet [Ord. 1995-31 4. Street Pavement. Minimum pavement width shall be improved with macadam or other hard surface. 5. Continuations, Where reasonable and practicable, new streets shall be laid out to continue existing streets at no reduction in width. Greater widths may be required. Street Names. Continuations of existing streets shall be known by the same name; but names for other streets shall not duplicate or closely resemble names for existing streets in the Borough. Streets shall be laid out to make provision for access to all lots and to adjacent undeveloped areas, and the applicant shall improve these access streets to the limits of the subdivision. [Ord. 1995-31 8. Reserve Strips. Reserve strips controlling access to the subdivisiio or land development or adjacent areas are prohibited. 9. Dead-End Streets. Dead-end streets are prohibited unless construucte as cul-de-sacs not exceeding six hundred (600) feet in length, with a turn-around having a minimum of one hundred (100) feet diameter right-of-way and a minimum of eighty (80) foot diameter of paving. 10. Clear-Sight Distance. Clear sight distance along the center lines of residential and neighborhood streets shall be maintained at not less than one hundred fifty (150) feet; along secondary or intercommunity streets at not less than two hundred fifty (250) feet; and along major streets at not less than four hundred fifty (450) feet. 11. Directional Changes. Changes in street direction shall be made by horizontal curves with a minimum radius of five hundred (500) feet for major streets, three hundred (300) feet for collector streets, and one hundred (100) feet for minor streets. These radii are to be measured at the center line. Shorter radii may be permitted on recommendation of the Engineer. 12. Grades. There shall be a minimum centerline grade of five tenths of one percent (.5%) on all streets. Grades shall not exceed s i x (6) percent on all major and secondary traffic streets and ten (10) percent on minor and collector streets. Steeper grades may be permitted on rural and residential streets for short distances if no gentler slope is possible. 6. 7. Access. [Ord. 1995-31 13. Vertical Curves. Changes in grade shall be joined by vertical curves; and the maximum rate of change of grade shall be five (5) percent -per hundred feet of road, provided that the clear sight distances specified above are maintained at all points. Page Added 1/3/1995 -142.31 - (22, §805(14)) (22, §805(14)) 14. Crown. The slope of the crown on minor and collector streets shall be more than one-eighth (1/8) inch per foot and less than one-third (1/3) inch per foot as directed by the Engineer. 15. -Curbs. Curbs and gutters shall be constructed for the full length of all streets. 16. Side Slopes. Streets cuts and fills shall be provided with aide slopes no steeper than one (1) vertical to one-and-a-half (1-1/2) horizontaal Such slopes shall be suitably planted with perennial grasses or other vegetation to prevent gulleying and erosion. 17. Sidewalks. Sidewalks shall be required for residential and commercial areas. Sidewalk paving shall not be less than four (4) feet wide. The Planning Commission may recommend wider pavements in high density areas and in commercial areas. The location of sidewalks relative to planting strips shall be in accordance with Borough requirements. [Ord. -1995-31 18. Materials and Construction Standards. Materials and construction standards for streets, curbs and gutters, and sidewalks, shall conform to regulations and standards of the Borough. 19. Storm Sewerage. Provision of storm sewerage inlets, catch basins and manholes shall meet the requirements of the Borough as regards both design and location. 20. Intersections. Street intersections shall be designed according to the following standards: A. No more than two (2) streets shall cross at the same point. Street intersections shall be at right angles whenever possible, and intersections of less than sixty (60) degrees (measured at the centerliine of the streets) will not be permitted. B. Intersecting streets shall not enter into the same side of collector or major streets at intervals of less than eight hundred (800) feet. Minor streets entering another street from opposite sides should be directly opposite each other; or, if necessary, they may be separated by at least one hundred twenty-five (125) feet between centerlines measured along the center of the cross street. Greater off-set may be required by the Planning Commission depending on the importance of the cross street. C. Maximum grade within any intersection shall not exceed five (5) percent in any direction, and approaches to any intersection shall follow a straight course within one hundred (100) feet of the intersecttion grades within one hundred (100) feet of an intersection shall not exceed ten (10) percent. I). Curb radii at intersections shall be according to the followiin schedule of minimum lengths: fifteen (15) feet for intersections of alleys and all streets; twenty (20) feet for minor streets; and thirty (30) feet for major and collector streets. Where streets of different categories intersect, requirement for the more important one shall hold. The street right-of-way line shall be parallel to the curb line. In zones where buildings are permitted to abut the rightoofway line, a diagonal cut-off may be employed, provided sidewalk width and corner visibility are unimpaired. All catch basins shall be connected to a manhole. -142.32 -Page Added Added 1/3/1995 E. Except where buildings are permitted to front on property lines, a seventy-five (75) foot clear-sight triangle shall be provideed in which no building or structure, wall, fence, hedge, tree, shrub or other growth shall be placed except for utility poles, light standards, street signs and fire hydrants. 21. The following standards shall apply to the design and location of A. Alleys shall not be permitted in residential developments except by permission of the Borough. No part of any dwelling, garage, or other structure may be located within sixteen (16) feet of the center line of an alley. B. Alleys or secondary service drives serving commercial and industrial establishments are required unless other provisions for service are provided. alleys and service drives: (Ord. 6-79, 12/3/1979, 5804; as amended by Ord. 1995-3, 1/3/1995) 1806. Utilities. 1. All newly constructed properties shall be connected to the municipal sanitary sewer system as required by the Greencastle Borough Ordinance, and to the municipal water system. 2. Water Supply. If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Borough Council that the subdivision is to be supplied by a certified public utility, a bona fide cooperative 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. [Ord. 1995-31 3. Installation of all sewers, water mains, street lights, manholes and other utilities, shall be in strict accordance with the engineering standards and specifications of the Borough, municipal authority, or other public utility concerned. 4. Fire hydrants, when provided, shall be located so that the distance from any building frontage to a fire hydrant is not more than six hundred (600) feet measured along the curb. 5 . Where common utility lines are installed in or over undedicated land, a public easement seven and one-half (7-1/2) feet on each side of the line shall be required. Suitable easements may also be required along the course of streams for the future installation of sewers. Where feasible, telephone and electric lines shall be installed below ground. [-Ord. 1995-31 (Ord. 6-79, 12/3/1979, 5805; as revised by Ord. 1995-3, 1/3/1995) 1807. Other Public Facilities. 1. Land Requirements. Areas set aside for recreational or school purposes shall be reasonably compact parcels, placed to serve all parts of Page Added 1/3/1995 -142.33 - (22, §807(1), cont'd) (22, 1807 (I), cont 'd) -142.34 -Page Added 1/3/1995 ~~ ~ -the subdivision or development, accessible from a public street, and not excessively irregular in terrain. 2. Land Marks. Wherever possible, applicants shall preserve trees more than four (4) inches in diameter measured four and one-half (4-1/2) feet above the average ground level at the trunk, groves, waterways, scenic points, historic spots, and other community assets and landmarks. 3. Playgrounds. In subdivisions or land developments which provide or are intended to provide housing facilities for more than fifty (50) families, the Planning Commission shall consider the need for suitable open areas for recreation. Standards t o be used by the Planning Commission as guides in requesting the reservation of space for recreation shall be as follows : Families to be Served Playground Acreage 50 -174 1 .so 175 -374 2.75 375 -624 3.25 625 -800 4.00 5 . Monuments. Permanent monuments shall be placed throughout the subdivision or development in accordance with Borough specifications, to give full surveying control for each block and for all areas of dedicated land or public easement. Monuments shall not be set in the ground until final grading is completed. (Ord. 6-79, 12/3/1579, 1806; as amended by Ord. 1995-3, 1/3/1995) ~~~ (22, 5901) ! ' I 5901. Procedure. (22, 5901) Part 9 Mobile Home Park Regulations 1. No person, firm or corporation shall construct, maintain, or operate a mobile home park within the Borough without obtaining a mobile home park permit. 2. Mobile Home Park Permit. Prior to the issuance of a mobile home park permit, a plan shall be submitted to and approved by the Borough Council and the Borough Planning Commission in accordance with the requiremeent and procedures of Parts 5, 6 and 7 of this Chapter regarding the preapplication consultation, preliminary plans and final record plans, and the following conditions: A. Said plan shall include areas within which mobile homes may be located, the spacing of mobile homes, open spaces and their landscapping off-street parking spaces, and streets, driveways, utilities, watercourses, and any other physical features relevant to the proposed plan. B. Borough Council's Public Hearing. Before acting on any preliminary mobile home park plan, the Borough Council shall arrange for a public hearing. Such public hearing shall be held after reviewiin the recommendations, if any, of the Planning Commission, and within twenty (20) days of receipt of the said recommendations. This hearing shall be held according to public notice and notice of said hearing shall be posted by certified mail to the owners of property abutting the site and directly across an adjoining street and to any other persons that the Council may feel to be particularly affected. ford. 1995-31 C. Borough Council Action. The Borough Council shall take official action on a preliminary mobile home park plan after it has received the report of the Borough Planning Commission and after the required public hearing. The Borough Council shall note its action on three (3) copies of the plans. One (1) copy shall be returned to the developer and two (2) copies shall be retained for Borough use. D. -Fees. Fees for filing a preliminary and final plan shall be in accordance with 55406 and 407 of this Chapter. [Ord. 1995-31 (Ord. 6-79, 12/3/1979, 5900; as amended by Ord. 1995-3, 1/3/1995) 5902. 1. Objectives. In considering and acting upon mobile home park plans, the Planning Commission and Borough Council shall take into considerratio the public health, safety and welfare, the comfort and conveniienc of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this Chapter and the accomplishment of the following objectives in particular. Approval of a Mobile Home Park Plan. Page Added 1/3/1995 -142.35 - (22, § 9 0 2 ( 2 ) ) (22, §902(2)) I 2. Traffic Access. That all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations. 3. Circulation and Parking. That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots. 4. Landscaping and Screening. That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaapin of the site is in character with that generally prevailing in the neighborhood. Existing trees over four (4) inches in diameter measured four and one-half (4-1/2) feet above the average average ground level shall be retained to the maximum extent possible. [Ord. 1995-31 5. Illumination. That lighting from the installation of outdoor flood or spot lighting and illuminated signs will be properly shielded so that such lighting will not adversely affect any abutting property or public street. (Ord. 6-79, 12/3/1979, 0901; as amended by Ord. 1995-3, 1/3/1995) 1903. Park Site. The park site shall be well drained and have such grades and soil as to make it suitable for the purpose intended. All such parks shall be planned as a unit and shall be located on a tract of land at least ten (10) acres in size. The area of said site shall be in single ownership or under unified control. (Ord. 6-79, 12/3/1979, 5903) 5904. Lot Requirements. 1. All lots in any mobile home park shall be well drained and graded to a point where mobile homes may be parked so that the parking of the same shall result in safety to all concerned. In all instances as much natural vegetation as is reasonably possible shall be preserved by any mobile home park developer. 2. Individual mobile home lots located in a mobile home park shall contain at least five thousand (5,000) square feet of lot area and shall not be less than fifty (50) feet wide at the building setback line exclusive of easements. 3. The maximum number of mobile home lots that may be approved in a mobile home park shall be computed by subtracting from the total gross area a fixed percentage of ten (10) percent of said area for usable open space and dividing the remaining ninety (90) percent of the area by the minimum lot requirements set forth above. 4. In computing the maximum number of mobile home lots that may be created, any lands which are located within a floodplain area, which are subject to either periodic flooding or occasional chronic wetness, which are occupied by public utility easements or which have a slope in excess of twenty-five ( 2 5 ) percent in such a manner as to limit their use or prevent their use or prevent their development shall not be considered part of the total gross area. -142.36 -Page Added 1/3/1995 (22, 5904(5)) (22, 5904(5)) 5 . All mobile home lots shall be given street numbers and all park streets shall be given names. Continuations of existing streets shall be known by the same name; but names for other streets shall not duplicate or closely resemble names for existing streets in the Borough. (Ord. 6-79, 12/3/1979, 5904) 5905. Yard and Setback Requirements. 1. All mobile homes shall be located at least seventy-five (75) feet from any street right-of-way which abuts a mobile home park boundary and at least one hundred (100) feet from any other boundary of the park. 2. There shall be a minimum distance of twenty-five ( 2 5 ) feet between an individual mobile home and adjoining pavement of a park street or common parking area or other common areas. 3. All mobile homes shall be separated from each other and from other buildings by at least twenty (20) feet. (Ord. 6-79, 12/3/1979, 5905) 1906. Park Street Svstem. 1. Park Access. Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. Each mobile home park shall be provided with at least two (2) points of ingress and/or egress and a distance of at least one hundred fifty (150) feet shall be maintained between centerlines of access streets. All mobile home parks shall be provided with safe and convenient paved access streets to and from each and every mobile home lot. Alignment and gradient shall be properly adapted to topography. 3. Streets. All streets within any mobile home park shall have a minimum right-of-way width of fifty (50) feet, a minimum cartway width of thirty-six (36) feet, and a minimum pavement width of twenty-four (24) feet, except that one-way streets shall have a minimum cartway width of twenty-eight (28) feet and a minimum pavement width of twelve (12) feet. All streets shall be paved in accordance with Borough specifications and shall be kept in good repair. 4. Intersections. Not more than two (2) streets shall intersect at any one point and a distance of at least one hundred fifty (150) feet shall be maintained between centerlines of offset intersecting streets. (Ord. 6-79, 12/3/1979, 5906) 2. Lot Access. 5907. Required Off-street Parking. 1. Paved off-street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least two (2) vehicular parking spaces for each mobile home lot. [Ord. 1995-31 2. Each off-street parking space shall contain at least three hundred (300) square feet and shall not exceed a distance of three hundred (300) feet from the mobile home lot that it is intended to serve. (Ord. 6-79, 12/3/1979, 5907; as amended by Ord. 1995-3, 1/3/1995) Page Added 1/3/1995 -142.37 - (22, 5908) (22, 1908) 5908. Utility Improvements. 1. Water Distribution. All mobile home parks shall provide to each separate mobile home lot line a continuing supply of safe and potable water as approved by the State Department of Environmental Resources. 2. Sewage Disposal. All mobile home parks shall provide to each separate mobile home lot a connection to a centralized sanitary sewage disposal system which shall be approved by the State Department of Environmental Resources. 3. No mobile home park permit shall be issued until the sewage disposal and water distribution systems for the mobile home park have been approved by the State Department of Environmental Resources. Pollution of any natural watercourse shall be prohibited. (Ord. 6-79, 12/3/1979, 5908) 1909. Usable Open Space. 1. All mobile home parks shall provide not less than ten (10) percent of the total land area for usable open space purposes. Usable open space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents. 2. Exposed ground surfaces in all parts of every park shall be paved, or covered with stone screenings, and other solid material, or protected with a vegetation growth that is capable of preventing soil erosion and the emanation of dust during dry weather. 3. Park grounds shall be maintained free of vegetation growth which is poisonous or which may harbor rodents, insects, or other pests harmful to man. (Ord. 6-79, 12/3/1979, §909) 5910. Buffer Strips. A suitably screened or landscaped buffer strip at least ten (10) feet wide, approved by the Commission shall be provided by the developer along all of the property and street boundary lines separating the park from adjacent uses. (Ord. 6-79, 12/3/1979, 5910) 1911. Walkways. 1. General Requirements. All parks shall be provided with safe, convenient, all season pedestrian walks of adequate width for intended use, durable and convenient to maintain, between individual mobile home lots, the park streets and all community facilities provided for park residents. Sudden change in alignment and gradient shall be avoided. 2. Common Walk System. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four (4) feet. 3. Individual Walks. All mobile home lots shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two (2) feet. c 6-79, 12/3/1979, 4911) -142.38 -Page Added 1/3/1995 I (22, 5912) (22, 5912) 5912. Signs and Lighting. 1. Signs may be permitted subject to the approval of the Borough 2. All means of ingress, egress, walkways, streets, and parking lots Council. shall be adequately lighted. (Ord. 6-79, 12/3/1979, 5912) 5913. Other Site Improvements. 1. One (1) fire alarm box or public telephone shall be provided for each mobile home park. The park operator shall require that a fire extinguuishe of a type approved by the Commission shall be maintained in each mobile home and in all public service buildings under park control. 2. Provision shall be made by the park operator to have garbage and waste collected at least once every week. Any refuse disposal site proposee within the mobile home park shall be subject to the approval of the State Department of Environmental Resources. 3. Each mobile home lot shall be provided with a four (4) inch concrete slab on a stable surface at least ten (10) feet by eighteen (18) feet in size for use as a terrace and so located so as to be adjoining and parallel to the mobile home. Such slab shall contain an electrical outlet to which the electrical system of the mobile home shall be connected. 4. Individual tenants at the mobile home park may construct attached enclosures or covered patios to individual mobile homes, provided that such enclosure does not exceed the slab area noted in §914(3), and is confined to same. Planning Commission approval shall be required for such enclosures in each case. 5 . There shall be provided in each mobile home park such other improvements as the Commission may require whereby such requirements shall at all times be in the best interests of the park residents. 6. An enclosure of conpatible design and material shall be erected around the entire base of each mobile home, Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. (Ord. 6-79, 12/3/1979, 5913) 5914. Park Areas for Non-Residential Uses. 1. No part of any mobile home park shall be used for a non-residentiia purpose, except such uses that are required for the direct servicing and well being of park residents and for the management and maintenance of the park. 2. Nothing contained in this Section shall be deemed as prohibiting the sale of a mobile home located on an individual lot and connected to the pertinent utilities. (Ord. 6-79, 12/3/1979, 5914) §915. Existing Mobile Home Parks. The operators of existing nobile home parks shall have six (6) months from date of enactment of this Chapter t o comply with the provisions of this Chapter. (Ord. 6-79, 12/3/1979, 5915; as amended by Ord. 1995-3, 1/3/1995) Page Added 1/3/1995 -142.39 - ' (22, 11001) Part 10 Penalties (22, 51001) ~ 51001. Enforcement Remedies. 1. Any person, partnership or corporation who or which has violated the provisions of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than five hundred dollars ($500.00) plus all court costs, includiin 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 there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth (5th) 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. 2, The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment. 3. Nothing contained in this Section shall be construed or interpreete to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this Section. 4 . District justices shall have initial jurisdiction in proceedings brought under this Section. (Ord. 6-79, 12/3/1979, 11000; as amended by Ord. 1995-3, 1/3/1995) 51002. Preventive Remedies. 1. In addition to other remedies, the Borough may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided. 2. The Borough may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this Chapter. This authority t o deny such a permit or approova shall apply to any of the following applicants: A. The owner of record at the time of such violation. Page Added 1/3/1995 -142.41 - B. The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation. C. The current owner of record who acquired the property subsequuen to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation. D. The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation. 3. As an additional condition for issuance of a permit or the grantiin of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Borough may require compliannc with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property. (Ord. 6-79, 12/3/1979; as added by A.O. -142.42 -Page Added 1/3/3/1955 Appendix A Suggested Planning Format Figure 1. Sketch Plan Figure 2. Preliminary Plan Figure 3. Final Plan Page Added 1/3/1995 -142.43 - I 4 ----------GREENCASTLE BOAOUGIi-FRANKLIN COUNTY. PA yxct -I' t o o ' b T L -WAaCU I,I%4 WN-72 APPLL WltUccK.) CnE ENC ASTL E BOROIIG~i I w E- P m I LIUU) L LAUTLUSCNLA~L~ * a a I par I IMIMARV 91 AN I Or I TRCTCUAVCN TCRRACC. CREENCASTLE BOROUGH FRANKLIN COUNTY. PENNSYLVANIA UARCU I, I.)@I ) C U L -t * IOO'.O' -.I ---... ) ~ A L L IU N T UOCTIAIILL tUIULKII3 . ,.. .. r,, c . . .I c ,*e",,,,,., I LUJ'tL5TC.D 5TANDARP L-OIZMAT -* FlhJA L PLAN IIII : , K. ?G. -2 NCIGUBORU000 HAP . I . . eoo' C u l t l r u -0 or TRCLUAVCN TCRRACt GREENCASTLE BOROUGH FRANKLIN. COUNTY. PENNSYLVANIA ) C U L -1. * 1 0 0 ' -0 ' HAECY I, 1.)---. )<ALL IY .Ut YOLTZACPLL CULIULLI) GRE ENC A STLE BOfiOUCn Appendix B Suggested Applicant's Checklist 1. Checklist for use in Borough Subdivision Review 2. Final Plans Page Added 1/3/1995 -142.49 - CHECKLIST FOR USE IN BOROUGH SUBDIVISION REVIEW (Applicant should not substitute this technical checklist for a thorough reading of the subdivision ordinance) Check When Each is Satisfactory 1. 2. 3. 4. 5 . 6 . 7. 8. 9. 10. 11. 13. 14. Page Added 1/3/1995 Preliminary Plans (reference Part 6. Do your eight (8) copies of the preliminary plans show the following: Name and address of applicant. Proposed name or title of the subdivision. Date. Name, seal and signature of engineer, architect or surveyor. Name and address of the owner of the tract. Name and address of the owners of adjoining tracts. The subdivision plan drawn to scale not smaller than two hundred (200) feet to the inch. Limits and dimension of the tract. North arrow. Existing and proposed streets. a. Names. b. Widths of right-of-way. C. Widths of cartway. Location and dimension of existing: a. Buildings. b. Railroads. C. Easements. d. Rights-of-way. e. Property lines. f. Public lands. g. h. Tree masses. -. -Streams and other features. i. Monuments. Location and dimensions of proposed: a. Easements. b. Property lines. C. Rights-of-way. d, Land reserved for public use. Location, course and dimensions of: a. Existing and proposed sanitary b. Existing and proposed storm C. Existing and proposed water sewer facilities. drainage facilities. facilities. -142.51 - 15. 16. 17. 18. 19. 20. Topographic contours at proper intervals. Eight (8) copies of sketch map approximately to scale showing: a. Location of proposed subdivision. b. Proposed connection to existing sewer and water. C. Summary table of number of proposed structures and dwelling units. d. Location of neighboring on-site sewage and water facilities. Eight (8) copies of statement of proposed improvements, including: a. Cross section diagram of proposed construction. b. Cross section diagram of proposed means of water supply and sanitary drainage. A certificate of extension of services or utilities from another municipality, if proposed. Four (4) copies of a formal revision to the Borough Official Liquid Wastes Disposal Plan, pursuant to the rules and regulations of Pennsylvania DER, i f required (three (3) lots or more). A check made payable to the Borough at the required rate. Page Added 1/3/1995 1. 2. 3. 4. 5 . 6. 7. 8. FINAL PLANS (Reference Part 7) Do your final plans conform with your preliminary subdivision plans? Do you have eight (8) copies of final plan map(s) drawn to the proper scale and on sheets 12 x 18 inches ? a. At least one (1) copy shall be on linen, Do your plans show items 1 through 15, required in preliminary plan checklist? a. Locations of all proposed monuments, street Do you have eight (8) copies of utility map(s) showing? a. Tract boundaries. b. Existing and proposed streets. C. Lot lines. d. Sanitary and storm water sewer acetate or comparable materials. lights and street signs. facilities. e. Water pipes. f. Other underground utilities. Do you have eight (8) copies of profile and cross section maps of streets showing? a. Curbs. b. Sanitary and storm water sewer facilities. C. Water pipes. d. Other underground utilities. Do you have a statement of type(s) of structures to be erected? Page Added 1/3/1995 a. Summary of table of the number of structures and dwelling units proposed. Do you have evidence that necessary street and other improvements have been properly installed in accordance with Borough standards? a. Furnish following assurances the improvements will be installed: 1. Written agreement in a form provided by the Borough. 2. Performance bond or sufficient cash and security as approved by the Borough Supervisors. 3. Maintenance bond. Do you have a check payable to the Borough at the required rate? -142.53 - Penns Valley Publ&hers, Bldg. 2 .A Division of R y Communications, Inc. 800 W. Church Road Mechanicsburg, PA 7 7055 (7 7 7) 766-02 7 I , Ext. 4 76