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HomeMy WebLinkAboutMont Alto Subdiv OrdMONT ALTO BOROUGH FRANKLIN COUNTY, PENNSYLVANIA SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Prepared By: 56 North Second Street Chambersburg, Pennsylvania 17201 NASSAUX-HEMSLEY, INCORPORATED 11d0-AF6E-00 MONT ALTO BOROUGH REPRESENTATIVES MAYOR BOROUGH COUNCIL, Mayor Donald Whitmore Robert Rock, President Darral Bakner, Vice President Paul Schedler Mary Lowson Sam Bridwell David Hicks Robert Hams PLANNING CONSULTANT Nassaux-Hemsley, Incorporated NHI Building 56 North Second Street Chambersburg, Pennsylvania 17201 Revised September 1992 ARTICLE ARTICLE I Section Section Section Section MONT ALTO BOROUGH SUBDIVISION AND LAND DEVELOPMENT ORDINANCE TABLE OF CONTENTS DESCRIPTION SHORT TITLE, PURPOSE 100 Short Title 101 Purpose 102 Zoning Applicability 103 Authority and Jurisdiction ARTICLE I1 DEFINITIONS Section 200 General Usage and Intent Section 201 Specific Words and Phrases ARTICLE I11 PROCEDURES Section Section Section Section Section Section Section Section Section Section Section Section Section 300 301 302 303 304 305 306 307 308 309 310 311 312 Intent Preapplication Consultation Sketch Plan Submission of Plans Referral and Review of Plans Public Hearings Approval of Plans Effect of Preliminary Plan Approval Effect of Final Plan Approval Recording of Final Plan Fees Resubdivision Modification of Requirements ARTICLE IV PLAN REQUIREMENTS Section. 400 Sketch Plan Requirements Section 401 Preliminary Plan Requirements Section 402 Final Plan Requirements -PAGE 1-1 1-1 1-2 1-2 11-1 11-1 111-1 111-1 111-2 111-2 111-3 111-4 111-4 111-6 111-6 6 111-6 111-7 111-8 111-8 IV-1 IV-1 1v-4 ARTICLE ARTICLE V Section Section Section Section Section Section Section Section Section Section Section Section Section ARTICLE VI 500 501 502 503 504 505 506 507 508 509 510 511 512 Section 600 Section 601 Section 602 Section 603 Section 604 Section 605 Section 606 ARTICLE VI1 Section Section Section Section Section Section Section Section Section Section Section Section Section 700 701 702 703 704 705 706 707 708 709 710 711 712 Table of Contents (continued) DESCRIPTION MOBILEHOME PARK REGULATIONS Procedure Plan Requirements Renewable Mobilehome Park Permit Lot Requirements Yard and Setback Requirements Required Off-street Parking Utility Improvements Common Open Space Buffer Strips Walkways Other Site Improvements Park Areas for Non-Residential Uses Anchoring DESIGN STANDARDS Application General Standards Blocks and Lots Streets, Alleys and Sidewalks Public Facilities Stormwater Management and Design Criteria Water Supply IMPROVEMENT AND MATERIAL STANDARDS Construction Improvements Completion of Improvements or Guarantee thereof, Prerequisite to Final Plan Approval Release from Improvement Bond Remedies to Effect Completion of Improvements Standards for Materials and Construction Standards for Monuments and Markers Standards for Streets Standards for Sewer and Water Systems Standards for Storm Drainage Standards for Street Lighting Offers of Dedication Land Reservation Effect of Plan Recording Dedication and Reservation -PAGE v-1 v-1 v-1 v-2 v-2 v-2 v-2 v-4 V-4 V-4 v-5 v-5 v-5 VI-1 VI-1 VI-1 VI-2 VI-5 VI-5 VI-9 VII-1 VII-1 VII-1 VII-2 VII-2 VII-2 VII-3 VII-4 VII-4 VII-4 VII-5 VII-5 VII-5 1 It I Table of Contents (continued) ARTICLE DESCRIPTION ARTICLE VI11 ADMINISTRATION AND ENACTMENT I I 8 8 I I 1 I t 8 T a R 1 a e Section Section Section Section Section Section Section Section Section Section 800 801 802 803 804 805 806 807 808 809 Enforcement Modifications Amendments Penalties Appeals Repealer Interpretation Severability Clause Effective Date Enactment PAGE VIII-1 VIII-1 VIII-2 VIII-2 VIII-3 VIII-3 VIII-3 VIII-3 VIII-3 VIII-4 ARTICLE I SHORT TITLE, PURPOSE INTERPRETATION, SEVERABILITY, ZONING APPLICABILITY, AND I AUTHORITY AND JURISDICTION ORDINANCE NUMBER SUBDIVISION AND LAND DEVELOPMENT ORDINANCE An ordinance repealing the Mont Alto Borough Subdivision and Land Development Ordinance of 1970, as amended, replacing said Ordinance with an Ordinance with the intent of establishing rules, regulatiion and standards governing the subdivision of land within the Borough of Mont Alto, Franklin County, Pennsylvania , pursuant to the Authority granted in the Pennsylvania Municipalities Planning Code (Act 170) as amended, setting forth the procedure to be followed by the Planning Commission, and the Borough Council applying and administering these rules, regulations and standards and providing penalties for the violation thereof. Be it Ordained by the Borough Council of Mont Alto Borough, Franklin County, Pennsylvania as follows: ARTICLE I SHORT TITLE, PURPOSE, INTERPRETATION, SEVERABILITY, ZONING APPLICABILITY, AND AUTHORITY AND JURISDICTION SECTION 100 SHORT TITLE This Ordinance shall be known as and may be cited as the "Mont Alto Borough Subdivision and Land Development Ordinance." SECTION 101 PURPOSE The purpose of .these subdivision and land development regulations is to provide for the harmonious development of the Borough of Mont Alto by : -Assuring sites suitable for building purposes and human habitation. -Assisting in the orderly and efficient integration of -Ensuring conformance of land development plans with land developments within the Borough. public improvement plans and programs. -Securing and protection of water resources and drainageways. -Facilitating the efficient movement of traffic. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 1-1 -Securing equitable handling of all land development plans by providing uniform standards and procedures. -In general, promoting greater health, safety, and welfare of the citizens of the Borough. -Securing adequate sites for recreation and other open space purposes. SECTION 102 ZONING APPLICABILITY Nothing contained in this Ordinance shall relieve the owner or developer from complyingwiththe applicable Provisions of the Mont Alto Borough Zoning Ordinance. For it is the expressed intent that the Mont Alto Borough Subdivision and Land Development and Zoning Ordinances be reinforceable and together foster the stated planning goals and objectives of the Borough. SECTION 103 AUTBORfTY AND JURISDICTION No land development of any lot, tract or parcel of land shall be made, no street, sanitary sewer, storm sewer, water main, or other improvements in connection therewith shall be laid out, constructed, opened, or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this Ordinance. The authority for the control and regulation of subdivisions and land developments within the Borough shall be as follows: A. Approval by the Mont Alto Borouqh Council: The Mont Alto Borough Council, shall be vested with the authority to approve or disapprove all subdivision and land development plans. B. Review bv the Borouqh Planninq Commission: The Mont Alto Borough Planning Commission shall be vested with the review of subdivision and land development plans. C. Review bv the County Planninq Commission: Plans for subdivision and land development located within Mont Alto Borough shall be forwarded upon receipt by the Borough to the Franklin County Planning Commission for review and report. The Borough Council shall not approve such 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. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 1-2 ARTICLE I1 DEFINITIONS ARTICLE 11 DEFINITIONS SECTION 200 GENERAL USAGE AND INTENT As used in this Ordinance words in the singular imply the plural. Words used in the present tense imply the future tense. 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." Unless otherwise expressly stated, the following terms shall, for the purpose of this Ordinance, have the meaning indicated below: SECTION 201 SPECIFIC WORDS AND PHRASES 1. 2. 3. 4. 5. 6. 7. 8 . Applicant: A landowner or developer, as hereinafter defined who has filed an Application for Development including his heirs, successors and assigns. ADPlication For Develorment: 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 of a subdivision plat or plan or for the approval of a development plan. Area: The extent of surface contained within the boundary lines of lands or buildings. Authoritv: the Act of May 2, 1945, (P.L. 382, No. 164), known as the " Municipality Authorities Act of 1945." A body politic and corporate created pursuant to Block: Boroucrh : The Borough of Mont Alto, Franklin County, Pennsylvania. An area bounded by streets or proposed streets-Buildins: Any structure having a roof supported by columns or walls, used or intended to be used for the shelter, housing or enclosure of persons, animals, or chattels, including covered porches or bay windows and chimneys. Buildincr Setback: line and a property or street line. The required horizontal between a setback MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 11-1 -~ . . .. .. . . . -.-. . . .. . ~ ~ 9. 10 0 11 . 12 0 13 . 14 . 15. 16. 17 . 18 . a) . Buildins Setback, Front -The distance between the street line and the front setback line projected the full width of the lot. Commonly called "front yard." b). Buildins Setback, Rear -The distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "rear yard." c). Buildinu Setback, Side -The distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "side yard." Buildinq Setback Line: An established line within a lot or property defining the minimum required distance between the face of any structure to be erected and an adjacent right-ofwwa or property line. Cartwav: The portion of a street right-of-way which is paved, improved and intended for vehicular use. Clear-Sisht-Distance: A line of unobstructed vision from a point four and one-half feet (4 1/2*) above the centerline of a street to the nearest point on the top of an object four inches (4") high on the same centerline. Clear-Sicrht Triaacrle: 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 centerline. Common Onen 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. Council: known as Governing Body). Countv: Franklin County, Pennsylvania. Curb: The raised edge of a pavement used to confine surface water to the pavement and to protect the abutting land from vehicular traffic. The Borough Council of Mont Alto, Pennsylvania (also Curb Line: The outside edge of the shoulder. Cul-de-sac: A street with access closed at one (1) end and with a vehicular turn-around at the closed end. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 11-2 I /t a I /I 1 19 . 20. 21. 22 . 23. 24 25. 26. 27. 28. Dedication: The deliberate appropriation of land, by its owner, for any general and public or limited public use, and reserving to himself no other rights than those which have been granted to the general public by his dedication. Detention Basin: A man-made or natural water collection facility designed to collect surface and sub-surfaced water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets. Developer: Any landowner, or agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or land development. Develomnent Plan: The provisions of development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "Provisions of the Development Plan" when used in this Ordinance shall mean the written and graphic materials referred to in this definition. Drainacre: of directing such flow. The flow of water or liquid waste and the methods Dwetllina: A permanent structure designed for residential purposes which does not include casual or temporary shelter such as tents, trailers, or other shelter designed to be readily removable from the premises. Drainase Facilitv: Any ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public right-of-ways, parks, recreational areas, or any part of any land development or contiguous land areas. Dwellins Unit -A dwelling or portion thereof providing complete living facilities, including a suite of rooms with exclusive sanitation facilities and with a cooking facilities. Dwellinq. Multi-Family -A building or portion thereof containing three (3) or more dwelling units and used for occupancy by three (3) or more families living independently of each (also known as an apartment house or condominium). Easement: A limited right granted for the use of private land for certain public or quasi-public purposes; also the land to which such right pertains. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 11-3 --29. Enuineer: A person duly registered as a Professional Engineer by the Commonwealth of Pennsylvania. 30. Enuineer. Borouqh: The Borough Engineer or any Consultant designated by the Borough Council to review a Subdivision or Land Development Plan and perform the duties of Engineer on behalf of the Borough. Excavation: Any act by which earth, sand,,gravel, or rock is dug, cut, quarried, uncovered, removed, displaced, relocated or bulldozed. 31. 32. Grade: The slope expressed in a percent which indicates the rate of change of elevation in feet per hundred of feet. 33. Improvements: Pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs and plantings, and other items required for the welfare of the property owners and public. 34. Land Develonment: Any of the following Activities: a. The improvement of one (1) or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving: (1) A group of two (2) or more residential or nonresiddentia buildings, whether proposed initially or cumulatively, or a single non-residential 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 access, leaseholds, condominiums, building groups or other features. b. A Subdivision of Land: C. Excluded fromthe definition of Land Development are the following: (1) The addition of an accessory building, including farm building on a lot or lots subordinate to an existing principal building. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 11-4 I I 1 I Ii I1 I 1 8 I 35. Landowner: 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. 36. Lot: A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit. 37. Mobilehome: A transportable single family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designated to be joined into one 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. 38. Mobilehome Lot: A parcel of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobilehome, which is leased by the park owner to the occupants of the mobilehome erected on the lot. 39. Mobilehome Park: Aparcelor contiguous parcels of land which has been so designated and improved that it contains two or more mobilehome lots for the placement thereon of mobilehomes. 40. Multi-Use Buildinq: Any building intended to be used by two (2) or more tenants, owners or users or any combination thereof. 41. Performance Bond: An agreement by and between a contractor and a bonding company in favor of the developer and the Mont Alto Borough Council guaranteeing the completion of physical improvements. 42. Plan: The map or plan of a subdivision or land development, whether sketch, preliminary or final. a. Plan, Sketch -An informal development plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed land development for discussion purposes only and not to be presented for approval. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 11-5 43. 44 . 45 . 46-47 48. 49. so . b. Plan, Preliminarv -A tentative land development plan, in lesser detail than a final plan, showing the salient existing features of a tract and its surroundings and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan. c-Plan, Final -A complete and exact land development plan, prepared for official recording, to define property rights and proposed streets and other improvements-Plannins CoIIPnission: The Borough Of Mont Alto's Planning Committee. P l a t : whether preliminary or final. The map or plan of a subdivision or land development, Public Grounds: Includes: A. parks, playgrounds, trails, paths and other recreational areas and other public areas; B. sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and 6. publicly owned or operated scenic and historic sites. Public Hearinq: A formal meeting held pursuant to public notice by the Mont Alto Borough Council or Planning Commission, intended to informand obtain public comment prior to taking action in accordance with the "Pennsylvania Municipalities Planning Code." Public Meetha: A forum held pursuant to public notice under the Act of July 3, 1986, (P.L. 388 No. 8 4 ) , known as the "Sunshine Act . I' Public N o t i c e : 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. Riqht-Of-Wav: Land opened for use as a street-Retention Basin: A pond, pool, or basin used for permanent storage of water runoff. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 11-6 1 51. 52 . 53. 54 55 . 56. Runoff: The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land. Shoulder: The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline. Slope: Slopes are to be expressed in a Percentage based upon vertical difference in feet per one-hundred feet (100') of horizontal distance. Street: Includes street, avenue, boulevard, road, highway,. freeway, parkway, lane, alley, viaducts, and any other ways . used or intended to be used by vehicular traffic or pedestrians whether public or private, streets are further classified: a. b. C. d. e. Major Arterial -Limited access highways that are important in the inter-regional transportation systems,with a major portion of the vehicular movements being through traffic. There are no major arterial traversing the Borough. Minor Arterial -Highways that are important in the regional transportation system, and while carrying mostly regional traffic, serve some local or Borough origins and destinations. Collectors -Roadways serving primarily local traffic and provide the connection between the residential, commercial and industrial developments and the minor arterial system. Local Roads -Roadways serving local traffic and connect to collectors or minor arterial. Allev and Service Drive -A minor street which provides a secondary means of access to the back or side of properties otherwise abutting a street. Street Line: A line defining the edge of a street right-of-way and separating the street from the abutting property or lots. Commonly known as the "street right-of-way line." Subdivider: The owner or the authorized agent of the owner of a subdivision. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 11-7 57. 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 distribution to heirs or devisees, transfer of ownership or building or lot development. Provided, however, that the division of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access, shall be exempted. Substantially ComDleted: A Subdivision or land development can be considered substantially completed, where, in the judgement of the Borough Engineer, at least ninety percent (based on the cost of the required improvements for which financial security was posted) 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. 59. Sumrevor. Reqistered: A person duly registered as a Professional Surveyor by the Commonwealth of Pennsylvania. 60. Swale: A low lying stretch of land which gathers or carries surface water runoff. 61. Watercourse: A permanent stream; intermittent stream, river; brook; creek; channel or ditch for water, whether natural or man-made. 58. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 11-8 ARTICLE I11 PROCEDURES ARTICLE 111 PROCEDURES 1 /I 1 I 1 II I SECTION 300 INTENT The procedures establis,.ed in Article I11 are intendd to define the steps by which an applicant shall design a subdivision plat or land development plan, make an application, get it processed, obtain an action on the application, and proceed to recording and completion of improvements. For those subdivisions hereinafter classified as minor subdivisions, a sketch plan and abbreviated procedure is established, For all others, which are classified as major subdivisions or land developments, a preliminary plan and a final plan procedure is established. SECTION 301 PREAPPLICATION CONSULTATION Copies of this Ordinance shall be available at reasonable charge on request for the use of any person who desires information concerning subdivision and land development standards and procedures in effect within Mont Alto Borough. Any prospective developer may request a meeting with the Planning Commission, to discuss and review tentative plans and discuss the applicability of the provisions of this Ordinance. The preapplication consultation should be utilized to consider the following factors: A. B. C. D. E. F. G. H. The suitability of the site for development. The demand for a development of the type proposed in the particular location proposed. The accessibility of the site. The availability of public facilities (school, parks, water, sanitary and storm sewerage, etc.) and public services (police, fire, refuse disposal, etc.). The effect on the project of any contemplated improvements or the proposals of any comprehensive plan and these regulations. Sewage facilities requirements of the Department of Environmental Resources and the Borough. Erosion and Sedimentation Plans and Permits as required by the Department of Environmental Resources and administered by the Soil Conservation Service of Franklin County. Precautionary measures to preserve or protect historic and natural features. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 111-1 I. Approvals by all appropriate State and Federal Agencies. SECTION 302 SKETCE PLAN It is suggested that prior to the consultation with the Planning Commission, the subdivider prepare a Sketch Plan of the proposed development. It is suggested that the subdivider or developer submit sufficient data to the Planning Commission for purposes of generally illustrating and discussing the proposed project. Such Sketch Plan will be considered a submittal for informal review and discussion and shall not constitute formal filing of the plan with the Borough. As far as may be practical, on the basis of the Sketch Plan review and discussion, the Planning Commission, will informally advise the developer as promptly as possible of the extent to which the proposed land development conforms tothe design standards of these regulations and will discuss possible plan modifications necessary to secure conformance. SECTION 303 SUBMISSION OF PLANS Applications for approval of Preliminary and Final Plans for all proposed land developments lying within the Borough shall be filed at the Borough Office. Such submission of Plans shall be accompanied by a fee as specified in the Mont Alto Borough Fee Schedule, as duly adopted by resolution. The initial formal plan filed with the Borough shall be considered as a Preliminary Plan. However, in the event that an initial subdivision or land development is five (5) lots or less with frontage on a paved street of sufficient width and involves no new streets or other public improvements, the applicant may proceed directly to final plan preparation in compliance with the requirements of Section 402 of this Ordinance and shall be considered a minor subdivision or land development. By this is meant a division of land to facilitate a lot addition or a land exchange or one which adjoins an existing public street and does not involve the opening, widening, extension or improvement of any utility outside the frontage street access to the lot. Multifammil residential, commercial, industrial and mobilehome park development will be construed as a major subdivision or land development, regardless of the number of lots or units created. The processing of a minor subdivision or land development plan shall be consistent with the procedures for processing a Final Plan as required'in this Ordinance. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 111-2 The developer shall submit the Preliminary or Final Plans drawn on linen or mylar material on sheet sizes eighteen inches by twentyfoou inches (18" X 2 4 " ) or twenty-four inches by thirty-six inches (24'' X 36") drawn to a scale not smaller than one hundred feet (100') to the inch (i.e. 1" = 50' would be acceptable whereas 1" = 200' would not). In addition, a minimum of fifteen (15) copies, blue or black line paper prints and all accompanying data shall also be submitted. SECTION 304 REFERRAL AND REVIEW OF PLANS A. The subdivider or developer shall submit fifteen (15) copies of the Preliminary or Final Plan and accompanying documentation to the Borough Secretary at least fourteen (14) days prior to the meeting of the Planning Commission, at which initial consideration is desired. Copies of the Preliminary or Final Plans shall immediately be distributed for review and comment by the Borough Secretary as follows: 1. 2. 3. 4 0 5. 6. 7. Three ( 3 ) copies of the plan and supporting data to the County Planning Planning Commission for review and comment. Note: The County Planning Agency is authorized up to thirty (30) days to complete its review. One (1) copy of the plan and supporting data to the Borough Engineer for review and comment. One (1) copy of the plan and supporting data to the Pennsylvania Department of Transportation where a proposed project abuts or will be traversed by an existing or proposed state highway. One (1) copy of the plan and supporting data to the Franklin County Conservation District Office. Three ( 3 ) copies of plans and supporting data to the Department of Environmental Resources. Three (3) copies of plans and supporting data to the Mont Alto Sewer Authority The remaining copies of the plan and supporting data to the Planning Commission. C. Within sixty (60) days following its receipt, the Planning Commission, shall consider the comments of the other reviewing agencies and shall recommend either approval or disapproval of the Preliminary or Final Plan. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 111-3 D. The Borough Council shall take official action on a Preliminary or Final Plan within ninety (90) days of Borough receipt of the plans and data. The Council shall note or stamp its action on three ( 3 ) copies of the plans. One (1) shall be returned to the subdivider and two (2) copies shall be retained for Borough use. SECTION 305 PUBLIC HEARINGS Before acting on any land development plan, the Borough Council may hold a public hearing pursuant to public notice. SECTION 306 APPROVAL OF PLANS At a scheduled public meeting the Borough Council shall render its decision on the Plan, whether Preliminary or Final, and communicate its decision to the applicant not later than ninety (90) days following the date of the regular meeting of the Planning Commission, next following the date the application is filed, provided that should the 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 thirty (30) days following following the day the application was filed. Final Plan approval shall not be granted until improvements as required by this Ordinance and shown on such Final Plan have been completed or guarantee posted as required in Article VI1 of this Ordinance. The decision of the Borough Council concerning Plan approval, whether Preliminary or Final, shall 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. When the Plan is not approved in terms as filed, the decision shall specify the defects found in the Plan and describe the requirements which have not been met and cite the provisions of these regulations relied upon. 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 as approval of the application in terms as presented unless the applicant has agreed in writing to an extensiio 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. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 111-4 1 I 8 8 1 I 1 I I 1 I 8 1 1 iI From the time a Plan, whether Preliminary or Final, is submitted as provided in this Ordinance and while such Plan is pending approval or disapproval, no change or amendment of the Zoning, Subdivision and Land Development or other Borough Ordinances or Plans shall affect the decision on such Plan adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the Borough Ordinances or Plans as they stood at the time the application was duly submitted. In addition, when a Preliminary Plan has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved Preliminary Plan as hereinafter provided. However, if a Plan is properly and finally denied, any subsequent Plan shall be subject to the intervening change in Borough regulations. When an application for approval of a Plan, whether Preliminary or Final, has been approved without conditions or approved subject to conditions acceptable to the applicant no subsequent change or amendment in the Zoning, Subdivision and Land Development or other Borough Ordinances or Plans shall be applied to 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. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In case of any doubt as to the terms of a preliminary approval, the terms shall be constructed in light of the provisions of the Borough Ordinances or Plans as they stood at the time when the Plan for such approval was duly submitted. Where the landowner has substantially completed the required improvements as depicted upon the Final Plat within the aforesaid five-year limit, or any extension as may be granted by the Borough Council, no change in Borough Ordinances or Plans enacted subsequent to the date of filing of 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. In case of a Preliminary Plat calling for the installation of improvements beyond the five-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 Plan approval of each section are intended to be filed. Such schedule shall be updated 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. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 111-5 Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of twenty-five percent of the total number of the dwelling units as depicted on the Preliminary 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 Plan 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 Plan within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five year period the aforesaid protection shall apply for an additional term of three years from the date of final plat approval for each section. SECTION 307 EFFECT OF PRELIMINARY PLAN APPROVAL APPROVAL Approval of the Preliminary Plan by the Borough Council constitutes conditional approval of the development as to the character and intensity of development, the general layout, and the approximate dimensions of streets, lots, and other planned features. This approval binds the developer to the general scheme shown on the Preliminary Plan. Approval of the Preliminary Plan shall not constitute approval of the Final Plan, nor does it authorize recording of the Preliminary Plan or the sale of any lots. However, such approval does authorize the developer to proceed with the preparation of the Final Plan, installation and construction of improvements and/or the posting of a bond guarantee as specified in this Ordinance. SECTION 308 EFFECT OF FINAL PLAN APPROVAL Approval of the Final Plan by the Borough Council constitutes final approval of the land development as to the character and intensity of development, the lot layout, and the dimensions of streets, lots and other planned features. This approval binds the developer to' the scheme shown on the Final Plan. Final Plan approval authorizes the developer to proceed with the recording of the Final Plan which must be accomplished before the developer can proceed with the sale of any lots or the construction of buildings or structures. SECTION 309 RECORDING OF FINAL PLAN Upon approval of the Final Plan, the developer shall within ninety (90) days of such approval record such Plan in the office of the Recorder of Deeds of Franklin County. Within thirty (30) days after such recording, the developer shall furnish proof of recording to MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 111-6 I I !I the Borough Council. Should the developer fail to record the Final Plan within such period, the approval of the Borough Council shall be null and void, unless an extension of time has been granted by the Borough Council upon written request. The Recording of the Final Plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject Plan, SECTION 310 -FEES At the time of filing of the Plan, whether Preliminary or Final the. developer shall pay to the Borough the required Plan fee as . follows : A. Preliminary Plan -a filing fee plus a fee per lot or dwelling unit for residential development and a fee per acre for other types of development. B. Final Plan -A filing fee plus an amount determined by the Borough Engineer and Borough Solicitor sufficient to cover the reasonable cost of: --Inspecting the site for conformance of survey. Reviewing the development plan engineering details. -Preparing cost estimates estimates of required improvements. -Inspection of required improvements during installation. -Final inspection on completion of installation of required improvements. -Administrative and legal services necessary for processing of the proposed land development plan. Any engineering, legal and administrative costs in excess of the amount submitted prior to approval of the Final Plan, shall be paid by the Applicant. Any excess paid over the amount actually required to cover such costs of the Final Plan shall be returned to the developer upon the completion of the required improvements. A. All fees shall be payable at the time of filing in the form of a check or money order payable to Mont Alto Borough. B. No Final Plan shall be approved until all fees and charges are Paid in full, MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 111-7 C. All fees shall be set by Resolution periodically. SECTION 311 RESUBDIVISION For any replatting or resubdivision of land, the same procedures and regulations apply as prescribed for any original land development, SECTION 312 MODIFICATION OF REQUIREMENTS Modification or waiver of one or more provisions of this Ordinance may be granted by Council if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the area of subdivision or land development, provided that such modification will not be contrary to the public interest and that the purpose and scope of this Ordinance are observed. Request for modification shall be in writing and accompany the application for development. This request shall state the reasons of hardship, difficulty or infeasibility on which the request is based, the provision involved with this Ordinance and the minimum modification required. Furthermore, the process for such a request is followed by the Council as per Section 801 of this Ordinance. Ordinance. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page 111-8 ARTICLE IV PLAN REQUIREMENTS ARTICLE IV PLAN REQUIREMENTS I I I 1 1 I 1 I I I I I I I I 1 i B SECTION 400 SKETCH PLAN REQUIREMENTS The Sketch Plan shall show the following information: A. Name and address of developer, name of municipality, title, . north arrow and date. B. Tract boundaries. C. Number of acres in tract, average lot size, approximate number of lots, anticipated type of development. D. Existing and proposed streets, highways, right-of-ways. E. Proposed general lot layout. I?. All public reservations such as schools, parks, etc. G. Predominant natural features such as wooded areas, streams, wetlands, etc. H. A location map for the purpose of locating other streets, developments, recreation areas and right-of-ways to better plan the proper locations of the same. A land development Sketch Plan shall be drawn to any graphic scale, however, precise dimensions are not required. SECTION 401 PRELIMINARY PLAN REQUIZREMENTS The Planning Commission may require that the following materials be submitted with an application for review review and approval of Preliminnar Plans drawn to a graphic scale on a sheet size indicated in Section 303 of this Ordinance: A. B. Proposed land development name or identifying title. Municipality in which the land development is located. C. North point, graphic scale and date of plan preparation and subsequent revisions. D. Name, address and signature of the owner of the property or of his authorized agent verifying ownership and acceptance of the plan to include certified statement offering land for dedicatiio for public use. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page IV-1 E. F. G. H. I. J. X. L. M. N. 0. P. Q* R. Name, seal and signature of the Registered Engineer or Registered Surveyor responsible for the plan preparation and accuracy. Total acreage of tract. Number of lots, proposed density and minimum lot size. Signature block for approval by the Borough Council. Length of new street proposed. Type and location of water supply and sewage disposal facilities proposed. Proposed use of land and existing zoning classification and proof of any variances or special exceptions which may have been granted. A location map for the purpose of locating the site in relation to the surrounding neighborhood and community. The location map should be at a scale of not less than two thousand (2,000) feet to the inch. Tract boundaries showing bearings and distances. Proposed contours at vertical intervals of five (5) feet where the slope is equal to or greater than ten (10) percent or intervals of two (2) feet where the slope is less than ten (10) percent . Datum to which contour elevations elevations refer. Where reasonably practicable, data shall refer to U.S. Coast and Geodetic Survey datum. The names of owners of immediately adjacent unplatted land; the names of proposed or existing land developments immediattel adjacent, and the locations and dimensions of any rights-of-way or easements shown thereon which abut the land to be developed. All existing watercourses, tree masses and other significant natural features, such as rock outcrops, springs and wetlands. The location of all existing and proposed buildings, sewers, water mains, culverts, petroleum lines, telephone and electric lines, gas lines, fire hydrants and other significant man-made features . MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page IV-2 1 B e I 8 I j3 S. T. U. v. W. X. All existing streets on, adjacent to or within four hundred (400) feet of any part of the tract, including name, right-ofwwa width and cartway width. All existing property lines, easements and rights-of-way and the purpose for which the easements or rights-of-way have been established. Lots within the land development shall be numbered. Location of all proposed buildings and setback lines. Location and width of all proposed streets, alleys, rights-ofwwa and easements; proposed lot lines with approximate dimensions; driveway access points on all lots where proposed; proposed minimum building setback line for each street; playgrounds, public buildings, public areas and parcels of land proposed to be dedicated or reserved for public use. Deed reference or source of title to property limits shown on the plan. The Preliminary Plan shall include thereon or be accompanied by: A. 8. C. D. E. F. G. Cross-section and profiles of all proposed water and sewer lines . Cross-section and centerline profiles for each proposed street intersection. Preliminary engineering designs of any new bridges or culverts proposed on the tract. A drawing of all present and proposed grades and facilities for stormwater drainage and supporting calculations. Application for Subdivision and Land Development Approval. Four (4) copies of a completed Planning Module Component Form available from the Pennsylvania Department of Environmental Resources to revise or supplement the Official Act 537 Sewage Facilities Plan for the Borough. Four (4) copies of an Erosion and Sedimentation Control Plan in accordance with the Rules and Regulations of the Pennsylvaani Department of Environmental Resources and the Franklin County Conservation District. Page IV-3 MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE SECTION 402 FINAL PLAN REOUIREMENTS The Planning Commission, may require that the following materials 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. The Final Plan shall include: A. B. C. D. E. F. G. H. I. J. K. L. M. All items required for Preliminary Plan in Section 401. Plan shall include only the phase or section of the subdivision or land development proposed for immediate recording and development. Sufficient data to determine readilythe location, bearing and length of every street, lot, and boundary line and to reproduce such lines upon the ground. Such data to be tied on to monuments as required. The length of all straight lines, radii, lengths of curves and tangent bearings for each street. All dimensions and angles or bearings of the lines of each lot and of each area proposed to to be dedicated to public use. All dimensions shall be shown in feet and hundredths of a foot . The proposed building setback line for each street. The proposed placement of each building may be required. The point of access of all driveways. Locations, size, invert elevation of all sanitary, storm and combined sewers and location of all manholes, inlets and culverts. Location of street signs, shade trees and light poles. Names of streets within and adjacent to the land development shall be shown. The location of permanent reference monuments shall be shown on the Plan. A notarized statement to the effect that the applicant is the owner of the land proposed to be developed and that the land development shown on the Final Plan is made with his or their free consent and that it is desired to record the same. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page IV-4 I 0 U 8 # D c N. The A. B. C. D. E. Signature block for approval by the Borough Council. Final Plan shall include thereon or be accompanied by: A copy of such private deed restrictions, as may be imposed upon the property as a condition of sale by the present owner. Typical cross-section and street profiles for all proposed streets. Such profiles shall show at least the following: existing (natural) and proposed grades along the proposed street center line; culvert locations, invert elevations and sizes . Certification from a Registered Professional Engineer employed by the Borough that the developer has installed all improvements to the specifications of this Ordinance and any conditions attached by the Council; or that the developer has posted an improvement bond or other accepted security in amount sufficient to assure completion of all required improvements . Other State and Borough certifications as may be required. Any plat which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall determine that a highway occupancy permit is required pursuant to Section 420 of the act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law" before driveway access to a State highway is permitted. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page IV-5 ARTICLE V MOBILEHOME PARK REGULATIONS /I 8 E 1 E ARTICLE V MOBILEHOME PARK REGULATIONS SECTION 500 PROCEDURE No person, firm or corporation shall construct, maintain or operate a Mobilehome Park within the Borough without obtaining a Mobilehome Park Permit from both Mont Alto Borough and the Department of Environmental Resources. The procedures for reviewing mobilehome park plans shall be the same as for subdivision and land developmeen plans in accordance with the Provisions of this Ordinance. Unless specified in This Article, the design standards and . improvement requirements for mobilehome parks shall be the same as for subdivision and land development projects in accordance with the Provisions of this Ordinance. SECTION 501 PLAN REOUIREMENTS Prior to the issuance of a Mobilehome Park Permit, plans shall be submitted to and approved by the Borough Council in accordance with the Requirements and Procedures of this Ordinance regarding Preapplication Consultation, Preliminary Plans and Final Record Plans. In addition to the site plan information required elsewhere in this Ordinance, the following information shall be provided on the Plans: A. The location and use of proposed buildings or structural B. The location and design of all uses not requiring structures improvements. such as recreation areas and landscaping. SECTION 502 RENEWABLE MOBILEHOME PARK PERMIT A. The Borough Council may grant a Mobilehome Park Permit for a period not to exceed twelve (12) months from the date of approval of such permit which shall be renewable every twelve (12) months. The Borough Council or its duly authorized representative shall inspect each Mobilehome Park prior to granting a Permit for conformance with the Provisions of this Ordinance and any other applicable regulations. B. It shall be incumbent upon the proprietor of a Mobilehome Park to keep a register and to report therein the name of person or head of family occupying each said mobilehome, showing date of entry on said land, make and size of trailer, and the names of persons living in said mobilehome. Said register shall be subject to inspection periodically by the Borough Council. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page V-1 SECTION 503 LOT REQUIREMENTS A. Individual mobilehome lots located in a Mobilehome Park shall contain at least five thousand square feet (5,000 sq. ft.) of lot area and shall not be less than fifty feet (SO') wide at the building setback line exclusive of easements or rights-of -way. B. All mobilehome lots shall be given street numbers and all park streets shall be given names. SECTION 504 YARD AND SETBACK REQUIREMENTS A. Park Access -Each Mobilehome Park shall be provided with two (2) point(s) of ingress and egress and a distance of at least one-hundred and fifty feet (150') shall be maintained between centerline of access streets. B. Lot Access -All Mobilehome Parks shall be provided with safe and convenient paved access streets to and from each and every mobilehome lot. Alignment and gradient shall be properly adapted to topography. C. Streets -All streets within any Mobilehome Park shall be designed and improved as local streets in accordance with Borough Specifications. Intersections -Not more than two two (2) streets shall intersect at any point and a distance of at least one-hundred and fifty (150') shall be maintained between centerlines of parallel streets intersecting the same street on the same side. D. SECTION 505 REOUIRED OFF-STREET PARKING A. Off-street parking areas shall be provided in all Mobilehome 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 mobilehome lot. B. Each off-street parking space shall contain at least threehunndre square feet (300 sq. ft.) and shall not exceed a distance of three-hundred feet (300') from the mobilehome lot that it is intended to serve. SECTION 506 UTILITY IMPROVEMENTS A. Sewer and Water -All mobilehomes shall be connected to Borough sewer and water systems as set forth in Section 707 of this Ordinance. B. Electrical Distribution -All Mobilehome Parks shall have MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page V-2 11 8 R T i underground electrical distribution systems which shall be installed and maintained in accordance with the Local Electric Power Company's Specifications regulating such systems. C. Natural Gas Svstems -Any natural gas system shall be installed and maintained in accordance with the regulations and specifications of the company supplying said natural gas. D. Lisuified Petroleum Gas Svstem (LPG) -Liquified petroleum gas systems provided for mobilehomes, service buildings or other structures shall include the following: 1. 2. 3. 4. 5. Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. Systems shall have at least one (1) accessible means for shutting off gas. Such means shall be located outside the mobilehome and shall be maintained in effective operating condition. All LPG Piping outside of the mobilehomes shall be well supported and protected against mechanical injury. Undiluted liquified petroleum gas in liquid form shall not be conveyed through piping equipment and systems in a mobilehome. Any vessel containing liquified petroleum gas shall be secured, but not permanently fastened to prevent accidental overturning. No LPG Vessel shall be stored or located inside or beneath any storage cabinet, carport, mobilehome or any other structure unless such installations are specifically approved by the Borough. E. Fuel Oil Supplv Svstems -All fuel oil supply systems provided for mobilehomes, service buildings and other structures shall be installed and maintained in conformity with the following: 1. All piping from outside fuel storage tanks or cylinders to mobilehomes shall be secured, but not permanently, fastened in place. 2. All fuel oil supply systems provided for mobilehome, service buildings and other structures shall have shutoof valves located within five inches (5") of storage c tanks. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page V-3 3. All fuel storage tanks or cylinders shall be securely placed and shall not be less than ten feet (10' ) from any mobilehome exit. 4. Storage tanks located in areas subject to traffic shall be protected against physical damage. SECTION 507 COMMON OPEN SPACE A. All Mobilehome Parks shall provide not less than 10 percent (10%) of the total land area for common open space purposes. Common 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. B. 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. Park grounds shall be maintained free of vegetation which is poisonous or which may harbor rodents, insects, or other pests harmful to man. C. SECTION 508 BUFFER STRIPS A suitably screened or landscaped landscaped buffer strip at least ten feet (10') wide, approved by the Borough Council shall be provided by the developer along all of the property and street boundary lines separating the park from adjacent uses. SECTION 509 WALKWAYS A. B. C. General Reauirements -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 mobilehome lots, park streets and all community facilities provided for park residents. Sudden change in alignment and gradient shall be avoided. 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 width of four feet (4*011.) Individual Walks -All mobilehome 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 feet (2' 0 " ) . MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page V-4 J 8 E E l ‘ I SECTION 510 OTHER SITE IMPROVEMENTS A. Individual tenants at the Mobilehome Park may construct attached enclosures or covered patios to individual mobilehomes. B. An enclosure of compatible design and material shall be erected around the entire base of each mobilehome. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. C. All means of ingress, egress, walkways, streets and parking lots shall be adequately lighted. SECTION 511 PARK AREAS FOR NON-RESIDENTIAL USES A. No part of any mobilehome park shall be used for a nonresiddentia 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. B. Nothing contained in this Section shall be deemed as prohibiting the sale of a mobilehome located on an individual lot and connected to the pertinent utilities. SECTION 512 ANCHORING A. Every mobilehome shall be anchored to prevent uplift or overturning of the mobilehome. B. Every mobilehome shall be firmly anchored to withstand a lateral wind pressure of fifteen pounds per square foot (15 lbs/sq. ft.). C. The dead load resisting moment of a mobilehome shall not be less than one-and-one-half (1 1/2) times the overturning moment due to wind and other lateral forces. The foundation and superimposed earth loads may be included provided the anchorage is sufficient to develop these weights. The Borough Engineer shall determine the sufficiency of the method of anchorage. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page V-5 ARTICLE VI DESIGN STANDARDS ARTICLE VI DESIGN STANDARDS SECTION 600 APPLICATION The standards of design in This Article shall be used to judge the adequacy of development proposals. Where, in the opinion of the Council, the literal application of these standards in certain cases would work undue hardship or would be plainly unreasonable, the Council may recommend such reasonable exceptions as will not be contrary to the public interest. SECTION 601 GENERAL STANDARDS A. Land -No land shall be subdivided or developed for any purposes unless all hazards to life, health, or property from flood, fire and disease, shall have been eliminated or unless the plans for the project shall provide adequate safeguard against such hazards. B. Development -Proposed projects shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously. SECTION 602 BLOCKS AND LOTS A. Block Lenqth -Residential and commercial blocks shall be not less than f ive-hundred feet (500’ ) long nor more than sixteenhunndre feet feet (1,600’) long. Bo Block Width -Blocks shall be wide enough for two (2) tiers of lots C. Throuqh Lots -Double frontage lots are to be avoided and generally will not be permitted unless the lots are a minimum of two-hundred feet (200’) deep. D. Gradinq -Block and lots shall be graded to sufficient elevation to secure drainage away from buildings and to prevent the collection of storm water in pools. Drainage shall be provided for according to recommendations of the Engineer or such other official as may be designated by the Borough Council, Topsoil shall be preserved and redistributed as ground cover, consistent with the Erosion and Sedimentation Control Plan Requirements of the Department of Environmental Resources. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VI-1 E. Lot Size -The minimum lot size, lot width, and building setback line shall be in accordance with the Mont Alto Borough Zoning Ordinance. F. Off-street Parkinq -Off-street parking and traffic circulation plans shall be in accordance with the Mont Alto Borough Zoning Ordinance. SECTION 603 STREETS. ALLEYS AND SIDEWALKS A. Street P a t t e r n -The proposed street pattern shall be integrated with existing and/or officially planned streets and it shall be so related to topography as to produce usable lots and reasonable street grades. B. Desian and Purpose -Streets shall be designed according to their function and laid out to preserve the integrity of their design in accordance with the following functional classification: 1. Major Arterials -Limited access highways that are important in the interregional transportation system, with a major portion of the vehicular movements being through traffic, 2. Minor Arterials -Highways that are important in the regional transportation systems, and while carrying mostly regional traffic, serve some local or Borough origins and destinations. Collectors -Roadways serving primarily local traffic and provide the connection between the residential, commercial and industrial developments and the minor arterial system, Local Roads -Roadways serving local traffic and connect to collectors or minor arterials. 3. 4. 5. 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. The functional classification of roadways traversing the Borough shall be determined by Borough Council upon recommendattio by the Planning Commission. following minimum schedule; however, additional street width may be required as determined by the Borough. C. Street Widths -Streets shall be laid out according to the MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VI-2 I 1 1 8 d I I i I RIGHT-OF-WAY CARTWAY WIDTH CLASS OF STREETS WIDTH PAVED STREET/SHOULDERS Major Arterial PA DOT Standards PA DOT Standards Minor Arterial PA DOT Standards PA DOT Standards Collectors Street 50 Feet 32 12 Local Street 50 Feet 24 12 Alley and Service Drive 20 Feet 16 * D. E. F. G. H. I. J. K. * Not Applicable. Street Pavement -The roadway shall be improved in accordance with Borough Specifications of Section 706. 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. A c c e s s -Streets shall be laid out to make provision for access to all lots and to adjacent undeveloped areas, and the subdivider or developer shall improve these access streets to the limits of the subdivision or land development. Reserve Strips -Reserve Strips controlling access to the subdivision or adjacent areas are prohibited. Dead-End Streets -Dead-End Street are prohibited unless constructed as cul-de-sacs not exceeding eight-hundred feet (800') in length, with a turn-around having a minimum of onehunndre feet (100' ) diameter right-of-way and a minimum radius of forty feet ( 4 0 ' ) of paving. The length of the cul-de-sac shall be at least three hundred feet (300') measured from the last intersection. C l e a r Sisht Distance -Clear sight distance along the centerline of local streets shall be maintained at not less than one-hundred and fifty feet (150') and along collector streets at not less than two-hundred and fifty five feet (250'). Directional Chancres -Changes in street direction shall be made by horizontal curves with a minimum radius of fivehunndre feet (500') for arterial streets, three-hundred feet (300') for collector street, and two-hundred feet (200') for local streets. These radii are to be measured at the the centerline. Shorter radii may be permitted on recommendation by the Borough Engineer, MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VI-3 L. M o N. 0. P o Grades -There shall be a minimum centerline grade of fivetennth of one percent (1%) on all streets. Grades shall not exceed six percent (6%) on all arterial streets and ten percent (10%) on local and collector streets and alleys. Steeper grades may be permitted on local streets for short distances if no gentler slope is possible. Vertical Curves -Changes in grade shall be joined by Vertical Curves, :nd the maximum rate of change of grade shall be five percent .. :%) per hundred feet of road, provided that the clear sight discances specified above are maintained at all points. Crown -The slope of the crown on all streets shall be more than one-eight inch (1/8") per foot and less than one-third (1/3") per foot as directed by the Engineer. Side Slopes -Street cuts and fills shall be provided with Side Slopes no steeper than one (1) vertical to three (3) horizontal. Such Slopes shall be suitably planted with perennial grasses or other vegetation to prevent gulleying and erosion. Intersections -Street Intersections shall be designed according to the following standards: 1. 2. 30 No more than two (2) streets shall cross at the same point. Street Intersections shall be at right angles wherever possible, and Intersections of less than sixty (60) degrees (measured at the centerline of the streets) will not be permitted. Intersecting Streets shall not enter into the same side of Collector Streets or Arterial Streets at intervals of less than eight-hundred feet (800'). Local Streets entering another street from opposite sides should be directly opposite each other; or if necessary, they may be separated by at least two-hundred feet (200') between centerline measured along the centerline of the Cross Street. Greater off-set may be required by the Planning Commission, if applicable, depending on the importance of the Cross Street. Maximum grade within any Intersection shall not exceed five percent (5%) in any direction, and approaches to any Intersection shall follow a straight course within onehunndre feet (100') of the Intersection. Grades within one-hundred feet (100') of an Intersection shall not exceed ten percent (10%). MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VI-4 4. Except where buildings are permitted to front on property lines, a seventy-five foot (75') clear sight triangle shall be provided, 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. The following standards shall apply to the design and location of alleys and service drives: Q. 1. No part of any dwelling, garage, or other structure may be located within sixteen feet (16') of the centerline of an alley. 2. Alleys or secondary service drives for commercial and industrial establishments are required unless other provisions for service are provided. SECTION 604 PUBLIC FACILITIES A. BO C, Fire Hydrants -Fire hydrants shall be located so that the distance from the nearest corner of any building to a fire hydrant is not more than six-hundred feet (600') measured along the most direct path accessible by fire fighting equipment. Easements -Where common utility lines are. installed in or over undedicated land, a public easement granted in favor of the Borough, six feet (6') 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. Undersround Installations: In all new land developments, electric, telephone and all other utility facilities may be installed underground. The developer may be required prior to Final Plan approval, to obtain a letter from the appropriate utility company confirmingthatthe developer has entered into an agreement to provide for an underground electric, cable and telephone system in accordance with the Pennsylvania Public Utility Commissions' rules and regulations, as amended. SECTION 605. STORM WATER MANAGEMENT AND DESIGN CRITERIA A. Scope: A Stormwater Management Plan (SWMP) shall be required for each subdivision or land development plan at both the Preliminary and Final Plan submittal stage. Erosion and Sedimentation Control measures shall be included as an integral part of the SWMP. The plan shall show existing wetlands as defined by U.S. Army Corps of Engineers, US Fish and Wildlife Service and Pa DER, MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VI-5 B. Content: The SWMP shall contain the following: 1. 2. 3. 4. 50 6. 7. A general description of the proposed project. Project location on a 7.5 minute USGS map or equivalent. Topographic features of the site and adjacent lands that are considered to impact upon the stormwater management design. Runoff calculations and related design computations of the total drainage basin necessary to substantiate the proposed temporary and permanent stormwater management facilities. Design and Specifications of temporary and permanent stormwater management facilities. Staging or Implementation Schedule for constructing the proposed stormwater control system. Maintenance and Ownership provisions. C. Desian Standard: Computations for determining stormwater runoff and for the design of stormwater management facilities shall be based upon the Soil-Cover-Complex method described in either TR-55, Urban Hydrology for Small Watersheds; the United States Department of Agriculture, Soil Conservation Service Engineering Field Manual; or the Soil Conservation Service National Engineering Handbook, Section 4 and based upon the following standards: 1. All predevelopment calculations shall be based upon existing land use features, excepting however that agricultural uses shall be categorized by the following descriptions: Cultivated Land with Conservation Treatment Pasture, Good Condition Meadow, Good Condition Farmstead Predevelopment stormwater runoff shall be calculated for a two-year storm event. 2. Release rates from structures shall be based on the runoff from the two-year predevelopment storm event. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VI-6 I ' 3. Storage structures shall be designed such that the post development two-year peak discharge will not exceed the predevelopment five-year peak discharge for the primary outlet structure. 4. All storage structures or facilities will be designed with emergency spillways sufficient to handle the 25-year post development storm event. 5. Culverts, pipes, and other water carrying structures shall be designed to handle the peak discharge from the ten-year post development storm event. The SWMP shall include calculations indicating velocities of flow, grades, sizes, and capacities of water carrying structures, debris or sediment basins, and retention and detention ponds and sufficient design information to construct such facilities. 6. 7. Stormwater runoff shall be based on the following 24-hour storm events: STORM FREQUENCY 2 years 5 years 10 years 25 years 50 years 100 years INCHES OF RAINFALL 2.9 inches 3.8 inches 4.8 inches 5.1 inches 5.9 inches 6.4 inches 8. Maximum permitted velocities are as follows: a. Three (3) feet per second where only sparse vegetation can be established. b. Four (4) feet per second under normal conditions where vegetation can be established by seeding. C. Five (5) feet per second where a dense vigorous sod can be quickly established or where water can be temporarily diverted during establishment of vegetation. d. Six (6) feet per second where well established sod is in existence. e. For lined water carrying channels, the following velocities are required: 6-inch rock rip-rap up to 4 ft. per second 9-inch rock rip-rap up to 8 ft. per second MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VI-7 Asphalt up to 7 ft. per second Durable Bedrock up to 8 ft. per second 12-inch rock rip-rap up to 9 ft. per second Concrete or steel up to 12 ft. per second The normal maximum velocity of open channel flows shall not exceed 10 feet per second. 9. Energy dissipators shall be placed at the outlets of all pipes where flow velocities exceed maximum permitted channel velocities. 10. Vertical pipes, inlets and other surface water receiving structures shall be installed with trash racks. 11. Stormwater runoff channels shall be designed and installed to avoid trapping excess sediment. Where required stormwater piping crosses proposed roads, PennDOT type M Stormwater inlet boxes shall be provided at both ends. 12. D. Erosion And Sedimentation: Control measures shall be in accordance with the applicable standards and specifications set forth in the Soil Erosion and Sedimentation Control Handbook as prepared by the Franklin County Soil Conservation District. E. Ownership And Maintenance Proqram: Each SWMP shall contain contain provisions which clearly set forth the ownership and maintenance responsibility of all permanent stormwater management facilities, including: 1. Description of Maintenance Requirements. 2. Establishment of suitable easements for access to all facilities. 3. Identification of the responsible party or entity for ownership and maintenance of both temporary and permanent stormwater management erosion control facilities. In meeting this requirement, the following priority is herein established. a. As a first priority, the facilities should be incorporated within individual lots so that the respective lot owners will own and be responsible for maintenance in accordance with recorded deed restrictions. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VI-8 b. As a second priority, in the event the first priority cannot be achieved, ownership and maintenance should be the responsibility of a Home Owners Association. The stated responsibilities of the Home Owners Association in terms of Owning and maintaining the stormwater management facilities shall be submitted with final plans for determinatiio of their adequacy, and upon their approval shall be submitted with final plans for determinatiio of their adequacy, and upon their approval shall be recorded with the approved subdivision plan among the deed records of Franklin County, Pennsylvania. In addition, the approved subdiviisio plan and any deed written from said plan for a lot or lots shown herein shall contain a condition that it shall be mandatory for the owner or owners of said lot to be members of said Home Owners Association. c. The third priority, in the event the above priorities cannot be achieved, is to dedicate the facilities to the Borough in accordance with this Ordinance. As a condition of acceptance by the Borough, sufficient funds as estimated by the Borough Engineer to cover anticipated maintenance costs for ten years from the date of final plan approval must be provided by the grantee. SECTION 606 WATER SUPPLY A. The plan for the installation of the mains of a water supply system must be prepared for the development with cooperation of the appropriate water utility company and approved by the Borough Engineer. Upon the completion of the water supply system, one copy of the plan for the system as built must be filed with the Borough. B. Where the connection to a public water supply system is not possible or feasible, each lot must be provided with an individual water supply system prior to issuance of a building permit for dwelling units. All such individual systems shall meet all applicable regulations of the Pennsylvania Department of Environmental Resources. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VI-9 I I ARTICLE VI1 IMPROVEMENT STANDARDS ARTICLE VI1 IMPROVEMENT AND MATERIAL STANDARDS SECTION 700 CONSTRUCTION IMPROVEMENTS The subdivider or developer 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 Borough Council, in strict accordance with the requirements of this Article and the Standards and Specifications of the Borough. Construction and inspection of all such facilities and utilities shall be subject to inspection by appropriate Borough Officials during the progress of work. The subdivider shall not begin work on structures in any part of the subdivision or land development until the streets in that part have been graded within four inches ( 4 " ) of the finished grade. SECTION 701 COMPLETION OF IMPROVEMENTS OR GUARANTEE THEREOF PREREQUISITE TO FINAL PLAN APPROVAL In lieu of the completion of any improvement required as a condition for the final approval of a plat, the Borough Council may accept for deposit with the Borough a corporate bond or other acceptable security from the subdivider or developer in an amount sufficient to cover the costs of any improvements which may be required. Such Bond, or other security shall provide for, and secure to the Borough, the completion of any improvements which may be required within the period fixed in this Ordinance for such completion. In the case where development is projected over a period of years, the Borough Council may authorize submission of final plats by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development. Cost estimates to be calculated as of ninety (90) days following the date scheduled for completion by the developer. The cost of the improvements shall be certified as fair and reasonable by the applicants engineer. The Borough may refuse to accept the estimate for good cause. If the Applicant and Borough are unable to agree, a mutually chosen engineer establishes the cost estimate. Cost estimates shall be in accordance with Article V of Act 247 (P.L. 805, July 31, 1968), as amended. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VII-1 SECTION 702 RELEASE FROM IMPROVEMENT BOND When the subdivider or developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough Council, in writing, by registered or certified mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Engineer shall inspect the improvements and recommend approval or rejection of the improvements according to the procedure set forth in Article V of Act 247 (P.L. 805, July 31, 1968), as amended. If the Borough Engineer recommends approval of the necessary improvements, it shall be incumbent upon the developer to provide as-built drawings of all improvements to be dedicated to the Borough as approved prior to acceptance of such improvements by the Borough and before release of the improvement bond. SECTION 703 REMEDIES TO EFFECT COMPLETION OF IMPROVEMENTS In the event that any i&rovements which may be required have not been installed as provided in this Ordinance or or in accordance with the approved final plat, the Council shall have the power to enforce any Corporate Bond, or other security by appropriate legal and equitable remedies. If 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 Council may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessaryto 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. SECTION 704 STANDARDS FOR MATERIALS AND CONSTRUCTXON Materials and construction standards for streets and any other facilities, utilities or improvements required by the Borough shall conform to Regulations and Standards of the Borough. SECTION 705 STANDARDS FOR MONUMENTS AND MARKERS Generally all work shall conform to Standards put forth by the American Congress of Surveying and Mapping and the following minimum standards. A. Monuments -Monuments shall be six inches (6") square of four inches ( 4 " ) in diameter, thirty inches (30") long and made of concrete, stone, or by setting a four inch ( 4 " ) cast iron or steel pipe filled with concrete. Monuments shall be set: MONT ALTO SUBDIVISION AND LAND DEVELOPWNT ORDINANCE Page VII-2 I I 8 I I I 1 I I 8 t 1. At the intersections of all right-of-way lines; 2. At the intersection of lines forming angles in the boundaries of the subdivision, mobilehome park, or land development; 3. At such intermediate points as may be required by the B. Markers -Markers shall be three-quarters of an inch ( 3 /4 " ) square or three-quarters of an inch ( 3 /4 " ) in diameter, fifteen inches (15") long. Markers shall be made of iron pipes or iron or steel bars. Engineer. C. Markers Shall Be Set: 1. 2. Prior to the time the lot is offered for sale. At all lot corners except those monumented; SECTION 706 STANDARDS FOR STREETS All street construction within the Borough shall meet all of the following requirements. A. B. C. D. Eo F. Adequate surface and subsurface drainage shall be provided. All top soil shall be removed from the area to be paved. There shall be installed a base to consist of six inches (6") of compacted stone, or as an alternate, four inches (4") of compacted shale and four inches ( 4 " ) of compacted stone, under the paved surface of the cartway. A minimum of four inches (4") of compacted stone shall be installed in the shoulder of the road which shall extend six feet (6' ) on both sides of the pavement. All stone shall be 2-RC and 2-A modified. The bituminous binder course shall be, ID-2 binder course, a minimum of 3" compacted depth. The bituminous wearing course shall be, ID-2 course, a minimum of 1" compacted depth. All pavement and aggregate materials shall meet Pennsylvania Department of Transportation specifications (PUB No. 408). 1 I1 MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VII-3 SECTION 707 STANDARDS FOR SEWER AND WATER SYSTEMS All construction of sanitary sewer and water supply systems within the Borough shall meet all of the following minimum requirements: A. All subdivisions and land developments shall be connected to the Borough of Mont Alto sanitary sewer system by the developer in accordance with the Standards of Municipal Sewer Authority and Borough Council. The design on all extensions shall be approved by the Borough Engineer. B. All subdivisions and land developments shall be connected to the Borough of Mont Alto water supply system by the Developer in accordance with the Standards of the Borough. All designs relative to such connections shall be approved by the Borough Engineer except as provided for in Section 606A. SECTION 708 STAND-S FOR STORM DRAINAGE All subdivisions and land developments shall provide stormwater management facilities and erosion and sedimentation control measures designed in accordance with Section 605 of this Ordinance. SECTION 709: STANDARDS FOR STREET LIGHTING A. B. C. D. E. Street lights shall be provided for all subdivisions and land developments and shall be so located that the distance between the poles upon which such lights are mounted is no greater than 300' feet. All street light fixtures shall be mounted to a ten foot (10' ) Street Fixture Arm (GERBS-GWH 10XZGV) which shall be attached to a thirty foot (30') Wooden Utility Pole. All street light fixtures shall consist of a GE Model #-M2 RR17CINGMN-3. Such fixture shall contain the photo cell and be able to accommodate 120 volts. All street light fixtures shall contain a Sylvania #H39KC-175-DX Mercury Vapor Lamp. A 2 to 3 inch conduit shall be provided under all new streets, from each pad mounted transformer to provide service to the opposite side of street such conduit shall be prior to paving of the street. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VII-4 SECTION 710: OFFERS OF DEDICATION The offer to dedicate streets, parks or other public sites, does not impose any duty upon the Borough concerning maintenance or improvement, until the proper authorities of the Borough have made actual appropriation by ordinance or resolution. If land is dedicated for a public site and its use for this purpose is not imminent, the developer may be permitted to dedicate same with the privilege of using said lands until the Borough is ready to use the land. This must be noted on the Final Plan. SECTION 711: LAND RESERVATION On sites reserved for eventual public acquisition, no development shall occur for a period of reservation, which extends at least eighteen (18) months without consent of the Borough and the developer. This shall be noted on the Final Plan. However, this reservation of public grounds shall lapse and become void one year after an owner of such property has submitted a written notice to the Borough Council announcing his intentions to build, subdivide or otherwise develop the land covered by the reservation, or has made formal application for a building permit to build a structure for private use, unless the Borough Council shall have acquired the property or begun condemnation proceedings to acquire property before the end of the year. SECTION 712: EFFECT OF PLAN RECORDING DEDICATION AND RESERVATION Recording the Final Plan after approval has the effect of an irrevocable offer to dedicate streets and other public ways to public use, and parks and other public grounds to public use, or to reserve for possible future public acquisition of lands or rightoofway as may be required by the Borough. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VII-5 1 I I 1 I 1 I B I I 1 8 I 1 I I 1 ARTICLE VI11 ADMINISTRATION AND ENACTMENT 1 I I I I I I I 1 R I I I 1 I I I I I ARTICLE VI11 ADMINISTRATION AND ENACTMENT SECTION 800 ENFORCEMENT It shall be the duty of the Building Inspector, Zoning Officer, or other such duly authorized representative of the Borough Council and is hereby given the power and authority to enforce the provisions of this Ordinance. The Enforcement Officer shall require that the application for a building permit contain all information necessary to enable him to ascertain whether the proposed building, alteration, or use is located in an approved land development. No building permit shall be issued until the Enforcement Officer has certified that the site for the proposed building, alteration, or use complies to the site description as indicated on the approved and recorded Final Plan. SECTION 801 MODIFICATIONS A. The regulations embodied in this Ordinance are the minimum standards for the protection of the public welfare. When special circumstances warrant, the Borough may impose stricter standards. B. Where a provision of this Ordinance would cause unique and undue hardship as it applies to property, the Borough Council may grant a modification from the strict application of the terms of this Ordinance only if the variation will not be detrimental to the general welfare or nullify the purposes of these regulations. In granting the modification the Borough Council may impose conditions, which will substantially secure compliance with the purpose of this Ordinance. The Planning Commission shall have the right to recommend to the Council modifications to the regulations in individual cases as may be necessary in the public interest, provided, however, that such modifications shall not have the effect of nullifying the intent and purposes of these regulations. The list of suggested modifications and the specific reasons for such change shall be entered in the minutes of the Planning Commission and a copy of this entry shall be transmitted to the Council. The Council may then alter the land development plans and specify changes or modifications therein, which it deems necessary and make its approval subject to such alterations, changes or modification. Upon approval by the Council, said modification shall be clearly defined and entered on the Final Plan and signed by the Council. C. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VIII-1 .-SECTION 802 AMENDMENTS The Borough Council may on its own motion, or upon recommendation of the Planning Commission, if applicable, amend, supplement or repeal any portion of this Ordinance. Amendments to this Ordinance shall become effective only after a public hearing held pursuant to public notice. In addition, in case of an amendment other than that prepared by the Planning Commission, Borough Council shall submit each amendment to the Planning Commission, if applicable for recommendations at least thirty (30) days prior to the date fixed for the public hearing on such proposed amendment. SECTION 803 PENALTIES No lot in a land development shall be sold, rented, leased or conveyed in any manner; no permit to erect, alter or repair any building upon land in a land development shall be issued; and no buildings shall be created in a land development until the Final Plan of such land development has been approved and properly recorded and until improvements have been either constructed or guaranteed. Any person, co-partnership or corporation who shall develop any lot, tract or parcel of land, layout, construct, open or dedicate any street, sanitary sewer, storm sewer or water mains, for public use or travel, or for the common use of occupants of buildings abutting thereon, sell, rent, lease, or convey in any manner any lot or erect any building in a land development without first having complied with the provisions of this Ordinance shall be guilty of violating the provisions of this Ordinance. Any person, partnership or corporation who or which has violated the provisions of the Mont Alto Borough Subdivision and Land Development Ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by a Mont Alto Borough, pay a judgement of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgement shall commence or be imposed, levied or payable until the date of the determination of a violation by the district district justice. If the defendant neither pays nor timely appeals the judgement, the Borough may enforce the judgement pursuant to the applicant 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 the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VIII-2 I I 1 I I I I I I I I I I I I I The court of common pleas, upon petition, may grant an order to stay, upon cause shown, tolling the per diem judgement pending a final adjudication of the violation and judgement. Nothing contained in this section shall be constructed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section. SECTION 804 APPEALS The procedures for securing review of any ordinance, decision, or determination is set forth in Article X of the Pennsylvania Municipalities Planning Code, Act 170 of December 21, 1988, POL. 170, as amended. SECTION 805 REPEALER All ordinances or portions of ordinances inconsistent herewith are hereby repealed. These Ordinances include, but are not limited to: 0 Ordinance No. 159, as amended and enacted on December 9, 1974. SECTION 806 INTERPRETATION The provisions of this ordinance shall be held to be minimum requirements to meet the purposes of this Ordinance. When provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance, or regulations, the provisions of this Ordinance shall prevail. When provisions of any statute, other ordinance or regulation impose greater restrictions than those of this Ordinance, the provisions of such statute, ordinance or regulation shall prevail. SECTION 807 SEVERABILITY CLAUSE If any section, clause, provision or portion of this Ordinance shall be held invalid or unconstitutional by a recognized court of the Commonwealth, such decision shall not affect the legality of the remaining sections, clauses, provisions or portions of this Ordinance. SECTION 808 EFFECTIVE DATE This Ordinance shall take effect upon its enactment as provided by law. MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VIII-3 SECTION 809 ENACTMENT Enacted and Ordained on this day of . I I I Borough Council Mont Alto Borough Franklin County, Pennsylvania by: President by: Mayor Asset: Secretary MONT ALTO SUBDIVISION AND LAND DEVELOPMENT ORDINANCE Page VIII-4