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1 I I I I I I I I I I I I I I I I I I ARTICLE I ARTICLE II ARTICLE 111 ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VI1 ARTICLE Vlll ARTICLE IX CONTENTS AUTHORITY, PURPOSE, OBJECTIVES, EXTENT
AND JURISDICTION ........................................................................................... 1 DEFINITIONS ............................................................................
..............3.. SKETCH PLAT SUBMISSION, REVIEW AND REQUIREMENTS .................................................................................... 1 5 PRELIMINARY PLAT SUBMISSION,
REVIEW, AND REQUIREMENTS .................................................................................... 1 7 FINAL PLAT SUBMISSION, REVIEW, REQUIREMENTS AND RECORDING ...........................
...................................................... 22 MINOR SUBDIVISION SUBMISSION PROCEDURES AND REQUIREMENTS ..........................................................................
36 DESIGN STANDARDS .......................................................................... 37 REQUIRED IMPROVEMENTS ..............................................................
43 ADMlN ISTRATION.. ............................................................................... .4 5 . .
ARTICLE I AUTHORITY, PURPOSE, OBJECTIVES, EXTENT AND JURISDICTION I-1 AUTHORITY AND TITLE This Ordinance is enacted pursuant to the Pennsylvania Municipalities Planning Code and may
be cited as the Waynesboro Subdivision and Land Development Ordinance. 1-2 PURPOSE This ordinance is adopted for the following purposes: 1-2-1 To regulate certain subdivision and land
development activities within the Borough by providing for a uniform method for the submission of sketch plats, preliminary and final plats. 1-2-2 To assure the proper layout or arrangement
of land and space. 1-2-3 To require proper design of streets to accommodate projected traffic and facilitate fire protection. 1-2-4 To provide adequate easements or rights-of-way for
drainage and utilities. 1-2-5 To make adequate provisions for curbs, gutters, storm and sanitary drainage facilities, walkways and other required public facilities. 1-3 OBJECTIVES The
subdivision and land development regulations set forth in this ordinance are made in accordance with the Comprehensive Plan of the Borough of Waynesboro and are intended to achieve the
following goals: 1-3-1 To promote, protect and facilitate one (1) or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development,
proper density of population, the provision of adequate lighting and air, police protection, vehicle parking and loading space, transportation, water sewerage, schools, public grounds
and other public requirements. 1 I I I I I I' I1 I I I I I I I I I I I I~ I I 1
I I I 1 I I I I I I I I I I I I i 1-4 1-5 1-3-2 To prevent one (1) or more of the following: overcrowding of land; blight; danger and congestion in travel and transportation; and loss
of health, life or property from fire, panic or other dangers. 1-3-3 To assist orderly, efficient and integrated development of land; to provide for the coordination of existing streets
and public utilities with new facilities; to provide for efficient and orderly extension of community services and facilities at minimum cost and maximum convenience; to ensure conformance
of land utilization with the Borough Comprehensive Plan; and to secure equitable handling of all subdivision and land development plans by providing uniform procedures and standards
for observance by subdividers and the Planning Commission. EXTENT OF REGULATIONS Within the Corporate limits of the Borough of Waynesboro, no subdivision or 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. No lot in a subdivision may be
sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected upon land in a subdivision unless and until a plan of
such subdivision shall have been approved and properly recorded with the Franklin County, Pennsylvania, Recorder of Deeds. Individual lots not meeting the definition of Land Development
nor Subdivision are not subject to the provisions of this Ordinance. JURISDICTION This Ordinance shall apply in the following circumstances: 1-5-1 To all subdivision and land development
plans submitted after the effective date of this Ordinance. 1-5-2 In the case of Planned Residential Developments and Planned Town Center Developments as defined in the Waynesboro Zoning
Ordinance, the development regulations, standards and principles required in the Zoning Ordinance shall apply. This Ordinance shall apply where no provisions are made in the Zoning Ordinance
and where specific reference is made to this Ordinance in the Zoning Ordinance. 2
ARTICLE II DEFINITIONS 11-1 WORD USAGE Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings indicated: 11-1 -1 11-1 -2
11-1 -3 11-1 -4 11-1 -5 11-1 -6 11-1 -7 11-1-8 Words in the singular include the plural and those in the plural include the singular. Words in the present tense include the future tense.
The words "person", "developer", "subdivider", and "owner" include a corporation, unincorporated association, a partnership, or other legal entity, as well as an individual. The word
"building" includes structure and shall be construed as if followed by the phrase "or part thereof". The words "should" and "may" are permissive; the words "shall" and "will" are mandatory
and directive. The word "Borough" means Borough of Waynesboro, Franklin County, Pe nnsy Ivania. The term of "Borough Council" means the Borough Council of the Borough of Waynesboro.
The term "Planning Commission" means the Planning Commission of the Borough of Waynesboro. 11-2 TERMS DEFINED Other terms or words used herein shall be interpreted or defined as follows:
11-2-1 h l i c a n f -A landowner or developer, as herein after defined, who has filed an application for development including his heirs, successors and assigns. 11-2-2 Block -Property
bounded on one side by a street, and other three sides, by a street, railroad right-of-way, waterway, unsubdivided area, or other definite barrier. 11-2-3 Borouah Enaineer -A person
duly appointed as the Borough Engineer. 3 I I 1 I I I I I I
II I I I I I I i 1 I I I I I I t 11-2-4 a. Acmssory -An attached or detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal
building, and which is located on the same lot as that occupied by the principal building. . . 11-2-5 I--A structure enclosed within exterior walls or fire walls; built, erected, and
framed of component structural parts; designed for the housing, shelter enclosure, and support of individuals, animals, or property of any kind; main structure on a given lot. 11-2-6
Buildina Setbac k Line -A line which, between it and the street line, no building or other structure or portion thereof, except as provided in the Borough Zoning Ordinance, may be erected
above ground level. The setback line is considered to be a vertical surface intersecting the ground on such line. 11-2-7 _Cartwav ( R o w-T he portion of a street right-of-way, paved
or unpaved, intended for vehicular use. 11-2-8 Clear Siaht Trianale -An area of unobstructed vision at at street intersections defined by lines of sight between points at a given distance
from the intersection of the street center lines. 11-2-9 Codes Administrator -Zoning Officer. 11-2-1 0 Common Ooe n Soace -A parcel or parcels of land, an area of water, or a combination
of land and water within a development site designed and intended for the use of residents of the development, not including streets, off-street parking area, private yard space, and
areas set aside for non-residential and public facilities. Common open space shall be substantially free of structures but may contain such improvements as are appropriate for recreational
use by the residents. 11-2-1 1 hensive Plan -The maps, charts, and textual material adopted by the Borough Council in accordance with the Pennsylvania Municipalities Planning Code and
designated, as a whole or in its several parts, as a Comprehensive Plan for the continuing development of the Borough. Countv PlarlOitlg Commssion -The Planning Commission of Franklin
County, Pennsylvania. . . 11-2-1 2 11-2-13 -An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the
material removed in excavation. 4
11-2-1 4 11-2-1 5 11-2-1 6 11-2-1 7 11-2-18 11-2-1 9 11-2-20 11-2-21 11-2-22 11-2-23 11-2-24 BorouQb Offtad -The Borough official charged by the Borough Council with the responsibility
of administering the subdivision application submission procedure. e . &levelopa -Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or
causes to be made a subdivision of land or a land development. Peve IoDme nt Plan -The provisions for 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. of B o
r w m e e r i n g -A person duly appointed as the Director of Borough Engineering. Double or Reverse Frontaae L a -A lot extending between and having frontage on two generally parallel
streets with vehicular access from only one street. e Rights of Way -The lands required for the installation of storm water sewers or drainage ditches or required along a natural stream
or water course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage. Pwe lling U nit -A building, or part thereof, having
cooking, sleeping, and sanitary facilities for one family. mement -A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and
within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights
of the grantee. W n e e r -A professional engineer licensed as such in the Commonwealth of Pennsylvania. Erosion -The removal of surface materials by the action of natural elements.
Excavation -Any act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, 5 I I 1 1 1 I I I 1 I I I 1 I I I I 1 I
I 1 i 1 I 1 I I 1 1 I I 1 I I I 1 I 11-2-25 11-2-26 11-2-27 11-2-28 removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom. -Any act by which
earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final
grade. The material used to make a fill. Flood PI& -The area along a natural watercourse which is periodically overflowed by water therefrom. Flood plain areas are designated on Federal
Emergency Management Agency maps prepared for the Borough. Jmprovements -Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.
Land Development -Any of the following activities: The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (i) a group of two
or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a slngle nonresidential building on a lot or lots regardless of the number of occupants
or tenure; or (ti) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for
the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. A subdivision of land. Development in accordance with section 503(1 .l) of Act 170,
Municipalities Planning Code, and as stated as follows: Provisions for the exclusion of certain land development from the definition of land 6
11-2-29 11-2-30 11-2-31 11-2-32 11-2-32 (A) development only when such land development i nvo Jves : (i) the conversion of an existing single-family detached dwelling or single family
semidetaache dwelling into not more than three residential units, unless such units are intended to be a condominium; (ii) the addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or (iii) the additfon or conversion of buildings or rides within the confines of an enterprise which would be considered
an amusement park. For purposes of this subclause, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion
shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities. ndownu -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. dswpe Architea -A professional landscape architect, licensed as such in the Commonwealth
of Pennsylvania. bot -A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. lot Area -The
area contained within the property lines of a lot (as shown on the Plan) excluding space within all streets and within all permanent drainage easements, but including the areas of all
other easements. bot. Flag -A flag lot is an interior, unconventional lot which has direct access to a public or private street by way of a minimum thirty-foot-wide simple access strip.
No part of the flag stem or access strip shall be included 7 I I I II ! I 1 I I 1 I I I I I I 1 I I 1 I
I in determining the area of the "flag lot". No building or structure shall be permitted in any portion of the flag stem or access strip. The front building setback line of the required
front line shall be measured only from the interior front line and not from the street line or right-ofwwa line. A flag stem or access strip providing access to a "flag lot" may not
exceed three hundred (300) feet in length as measured from the street right-of-way to the interior front lot line. 11-2-33 Lot. Interior -A lot other than a corner lot. 11-2-34 bot Tvpes
-The diagram which follows illustrates terminology used in this ordinance with reference to corner lots, interior lots, reversed frontage lots and through lots. A R T E R I A L 11-2-34-a
Corner Lot -Is indicated by letter A in diagram and is defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered
a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked
A in diagram. 11-2-34-1 b--Is indicated by letter B in diagram and is defined as a lot other than a corner lot with only one frontage on a street other than an alley. 11-2-34-c hr ou
a h Lot -Is indicated by letter C in diagram and is defined as a lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on
two streets may be referred to as double frontage lots. 8
11-2-34-d Beversed Frontaae Lot -Is indicated by letter D in diagram and is defined as a lot that has frontage on two streets of different classification with access to the higher order
street prohibited and the structure oriented to face the lower order street. 11-2-35 11-2-36 11-2-37 11-2-38 11-2-39 11-2-40 11-2-41 11-2-42 nance G m-Any s ecurity which may be accepted
by the Borough Council to insure that improvements will be kept in good condition for a period of one (1) year after completion of construction and installation, including corporate
bonds, escrow agreements and other similar collateral or surety agreements. Marker -A metal pipe or pin of at least one (1) inch outside diameter and at least thirty (30) inches in length.
Mediation -A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating
in a written agreement which the parties themselves create and consider acceptable. Monument -A stone or concrete monument with a flat top at least four (4) inches in diameter or square.
It is recommended that the bottom sides or radius be at least two (2) inches greater than the top to minimize movements caused by frost. The monument should contain a steel dowel and
be at least thirty (30) inches in length. Official Map -The Borough map adopted by ordinance showing exact locations of existing and proposed lines for public streets, watercourses and
public grounds, including widenings, narrowings, extensions, diminutions, opening or closing of same for the entire Borough. Perfor mance Gua rantea -Any security which may be accepted
by the Borough Council to guarantee that the proper construction of improvements be made by the developer as a condition for the approval of the plat, including corporate bonds, escrow
agreements, and other similar collateral and surety agreements. piat. Fin4 -A complete and exact plan of a subdivision or land development, with professional engineer's or registered
surveyor's seal affixed and prepared for official recording as required by the Ordinance to define property rights, streets and other proposed improvements. plat. Preliminarv -A tentative
plan of a subdivision or land development, in lesser detail than a Final Plat showing 9 I I I I I 1 I I I i I I I I I I I I I
I 1 I I 1 I I I I I I i 1 I I I I 1 I 11-2-43 11-2-44 11-2-45 11-2-46 11-2-47 11-2-48 11-2-49 11-2-50 11-2-51 proposed streets and lot layout and such other information as required by
this Ordinance. plat. Reco rd -The copy of the Final Plan which contains the original endorsements of the County Planning Commission and the Borough Planning Commission and which is
intended to be recorded with the County Recorder of Deeds. Plat. Sketch -An informal plan, indicating salient existing features of a tract and its surroundings and the general layout
of the proposed subdivision or land development to be used as a basis for consideration by the Borough. lic -Notice published once each week for two successive weeks in a newspaper of
general circulation in the municipality, such notice stating the time and place of the hearing and the particular nature of the matter to be considered. The first publication shall be
not more than thirty days and the second publication shall not be less than fourteen days from the date of the hearing. Resubd ivision -Any replatting or resubdivision of land, limited
to changes in lot lines on approved Final or Recorded Plats, as specified in this Ordinance. Other replattings shall be considered as constituting a new subdivision of land. (See also
Subdivision). Piaht-of-Way -The total width of any land reserved or dedicated as a street, sidewalk, or for other public or semi-public purposes. 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. Runoff From a Fu IIV Deve loped Area UD stream
-The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by the Borough
Zoning Ordinance or Comprehensive Plan. m r v Sew= D isposa I. On -Lot -Any structure designed to treat sanitary sewage within the boundaries of an individual lot. rv Sewaa-e Diwsal.
PubliS; -A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, generally sewing a major
portion of a municipality or municipalities, and operated by a governmental agency, governmental authority, or public utility company. 10
11-2-52 11-2-53 11-2-54 11-2-55 11-2-56 11-2-57 11-2-58 -The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter
is deposited (or remains suspended in water), it is usually referred to as "sediment". tic Tar& -A watertight receptacle which receives sewage or industrial waste and is designed and
constructed to provide for sludge storage, sludge decomposition, and to separate solids from the liquid, through a period of detention, before allowing the liquid to be discharged. t
Distance -The required length of roadway visible to the driver of a motor vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements
shall assume the height of the drivers eye to be 3.75 feet above the roadway and the height of the object to be 0.5 feet. -The face of any embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance. Soil Characteristic
Test -A field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities. -ssoit -Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its engineering properties. .. . Street -A strip of land, including the entire right-of-way (Le., not limited to the cartway) intended
for use as a means of vehicular and pedestrian circulation to provide access to more than one (1) lot. The word "street" includes street, avenue, boulevard, road, highway, freeway, parkway,
alley, and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. Streets are further classified according to the functions they perform.
(1) Major Arterial Street -designed for large volumes and high speed traffic with access to abutting properties restricted. (2) Minor Arterial Street -designed to carry a moderate volume
of fast moving traffic from collector and local streets to major arterial streets. (3) Collector Street -designed to carry a moderate volume of traffic to intercept local (residential)
streets, to provide routes to minor arterial streets and to community facilities and to provide access to the abutting properties. 11
I I !I I I I I I I I I (4) Local Street -designed to provide access to the abutting properties and a route to collector routes. (5) Marginal Access Street -is a local street which is
parallel to and adjacent to an expressway, major arterial street or minor arterial street, and which provides access to abutting properties and protection from through traffic. (6) Cul-De-Sac
Street -a local street intersecting another street at one end, and terminating in a vehicular turn-around at the other. (7) Alley -A minor way which is used primarily for vehicular service
access to the back or the side of properties otherwise abutting on a street. 11-2-59 m e t . P r i v a -Any street not belonging to and/or accepted by the Borough which Is the responsibility
of the adjacent land owner to maintain and improve. 11-2-60 Street. Public -Any street belonging to and/or accepted by the Borough for which the Borough is responsible for maintenance
and improvements. 11-2-61 Street. S inale Access -Each single access street shall be designed so that no section of it will convey a traffic volume greater than 500 Average Daily Trips
(ADT), based on the Trip Generation standards of the Institute of Transportation Englneers. 11-2-62 eet -The limit of a right-of-way. 11-2-63 S t ruct u r Q -Any man-made object having
an ascertainable stationary location on or in land or water, whether or not affixed to the land. 11-2-64 on -The division or redivision of a lot, tract, or parcel of land by any means
into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building or lot development: provided, however, that the subdivision by lease of land for agricultural purposes into parcels
of more than ten (10) acres, not involving any new street or easement of access, shall be exempted. 12
11-2-65 11-2-66 11-2-67 nor S . . .m Any subdivision containing not more than three lots running on an existing street, not involving any new street or road and not adversely affecting
the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the comprehensive plan, official map, zoning ordinance, or this
ordinance. The combination or recombination or previously platted lots on an existing street where the total number of lots is not increased and the resultant lots comply with the Waynesboro
Zoning Ordinance. The division of any tract of land in one undivided ownership into two parcels for the purpose of transfer of ownership, where the area conveyed is less than 6,000 square
feet and where both resultant combination of lots comply with the Waynesboro Zoning Ordinance. Maior Subd ivision (1) Any subdivision which is not a minor subdivision. Any proposed subdivision
shall be classified as a major subdivision if it represents a further subdivision of an original tract of land for which previous minor subdivisions have been approved by the Planning
Commission and Borough Council and the combination of the proposed and approved minor subdivision constitute a major subdivision and further any subdivisions not meeting the definition
of "minor subdivision" supra. The original tract of land shall be considered any tract in existence at the time of the adoption of this ordinance. Subsfant iallv ComD leted -Where, in
the judgment of the municipal engineer, at least 90% 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. a r v e v o ~-A registered land surveyor licensed as such by the Commonwealth of Pennsylvania. Swale -A
low lying stretch of land which gathers or carries surface water runoff. 13 I I I I I I I I I I I
1 1 I I I I I I I I I I I I 1 I I 11-2-68 11-2-69 11-2-70 11-2-7 1 Tile AbsoLption Field -A system of open jointed or perforated, pipes laid in the upper strata of the soil to distribute
sewage effluent into the soil for absorption and vaporization. Topsoil -Surface soils and subsurface soils which presumably are fertile soils and soils material, ordinarily rich in organic
matter or humus debris. Topsoil is usually found in the upper-most soil layer called the A Horizon. Watercourse -A permanent stream; intermittent stream; river; brook, creek, channel
or ditch for water whether natural or manmaade er Sldpplv and Distribution Svstem. Public -A system for supplying and distributing water from a common source to dwellings and other buildings,
generally serving a major portion of a municipality or municipalities, and operated by a governmental agency, governmental authority, or a public utility company. . . . 14
ARTICLE 111 SKETCH PLAT SUBMISSION, REVIEW AND REQUIREMENTS 111-1 SKETCH PLAT SUBMISSION 111-1-1 Sketch plat maps and materials are encouraged to be submitted to the Director of Borough
Engineering for all proposed subdivisions
and land developments, for purposes of discussion between the Borough Planning Commission and the developer. 111-1-2 Three (3) copies of a completed Sketch Plat should be submitted.
111-2 SKETCH PLAT REVIEW 111-2-1 111-2-2 111-2-3 111-2-4 Within ten (10) days of receipt, the sketch plat maps and materials shall be submitted by the Director of Borough Engineering
to the Borough Planning Commission, which will review the sketch plat at its next regular meeting, provided that submission by the Director of Borough Engineering occurs no less than
ten (10) days prior to such scheduled meeting. The Borough Planning Commission shall review the sketch plat to determine the development assets and limitations of the site, and the general
development concepts of the plat. At this .time, the Planning Commission shall determine the necessity for preliminary plan street and utility profiles, and shall indicate other matters
of advice regarding the sketch plat. Within sixty (60) days of submission of the sketch plat to the Borough Planning Commission, the Commission shall make any recommendations to the
developer which it deems necessary or advisable in the public interest in order to provide an acceptable subdivision or land development plan for the site. Within ten (10) days after
the meeting, at which sketch plat was considered, the Secretary of the Borough Planning Commission shall send written notice of the Commission's recommendations to the Borough Council
and the developer or his designated agent. 111-3 SKETCH PLAT REQUIREMENTS The sketch plat shall be based on tax map information or some other similarly accurate base at a scale (preferably
not less than 400 feet to the inch) to enable the entire tract to be shown on one sheet and shall show or include the following information: 15 I I I I I I I1 I I I I I I 1 I I I I I~
I I
I I 1 I I I I I I I I I I I 111-3-1 111-3-2 111-3-3 111-3-4 111-3-5 111-3-6 The location of that portion which is to be subdivided in relation to the entire tract. All existing structures,
wooded areas and other significant natural features within the portion to be subdivided and within 200 feet thereof. The name of the owner and all adjoining property owners as disclosed
by the most recent municipal tax records. All streets or roads proposed, mapped or built and streams within 500 feet of the subdivision. The proposed patterns of land use street layout
and schematic lotting arrangements within the subdivided plat. General topography of the area to be subdivided and the surrounding area within 200 feet of the proposed subdivision based
on United States Geological Survey Information superimposed on the sketch map. 16
ARTICLE IV PRELIMINARY PLAT SUBMISSION, REVIEW AND REQUIREMENTS IV-1 PRELIMINARY PLAT SUBMISSION IV-1-1 Preliminary Plats, and all required supplementary data, for all proposed subdivisions
and land developments shall be submitted to the Director of Borough Engineering. IV-1-2 If the Preliminary Plat submission complies with Section IV-1-3 of this Ordinance, the Director
of Borough Engineering shall acknowledge such compliance by immediate issuance to the developer of a Preliminary Plat Receipt. IV-1-3 Official submission of a Preliminary Plat to the
Director of Borough Engineering shall comprise submitting the following information no less than ten (10) days prior to a regularly scheduled Planning Commission meeting: Submission
of three (3) copies of a completed Preliminary Subdivision or Land Development Application, and the appropriate submission fee. Submission of six (6) paper prints of the Preliminary
Plat, which shall fully comply with provisions of this Ordinance as set forth in Section IV-3. Submission of three (3) copies of all required supplemental information as set forth in
Section IV-3. The Director of Borough Engineering shall refer one (1) application, one (1) plat print, and one (1) copy of the supplemental information to the County Planning Commission,
and one (1) application, two (2) plat prints, and one (1) copy of the supplemental information to the Borough Planning Commission, for recommendations as to changes, alterations, and
modifications. Additional prints of the Preliminary Plat shall be submitted to the respective agencies in each of the following circumstances: (a) Whenever the property being subdivided
or developed abuts a State Legislative Route, one (1) print of the Preliminary Plat shall be submitted to the Pennsylvania Department of Transportation. 17 I I! I I 1 I I I I I I I I
I I I 1 1 1 I~ I
I I I I I I I I I I I I I I I I I I 1 (b) Whenever a proposed subdivision or land development is located in more than one municipality or located adjacent to another municipality, one
(1) print of the Preliminary Plat shall be submitted for each municipality. (c) Whenever required, one print shall be submitted to utility companies, Soil Conservation District and/or
Penna. Dept. of Environmental Resources. IV-2 PRELIMINARY PLAT REVIEW IV-2-1 Review of the Preliminary Plat by the County Planning Commission shall proceed as follows: (1) Within thirty
(30) days of the date of official submission, the County Planning Commission shall review the Preliminary Plat to determine its conformance with county plans and priorities, and shall
recommend such written changes and modifications as it may deem necessary or advisable in the public interest to the Director of Borough Engineering, Borough Planning Commission and
the developer's engineer, surveyor, landscape architect, or planner. (2) Review of the Preliminary Subdivision or Land Development Plat by the County Planning Commission shall constitute
County Planning Review as set forth in Section 502, Pennsylvania Municipalities Planning Code. IV-2-2 Review of the Preliminary Plat by the Borough Planning Commission shall proceed
as follows: When a Preliminary Plat has been officially submitted to the Director of Borough Engineering, such plat shall be placed on the agenda of the Planning Commission for review
at its next regular monthly meeting, provided that such official submission has occurred no less than ten (10) calendar days prior to such regular meeting. The Planning Commission may
hold a public hearing on the Preliminary Plat at this time. The Borough Planning Commission shall review the Preliminary Plat to determine its conformance with the standards contained
in this Ordinance and other applicable Borough ordinances, and shall require or recommend such changes and modifications as it deems necessary. i a
(3) (4) No decision shall be made by the Borough Planning Commission with respect to a Preliminary Plat until the Borough Planning Commission has received and considered the written
report of the County Planning Commission, unless the County Planning Commission fails to report thereon within thirty (30) days after receipt of a Preliminary Plat. In all cases, however,
the Borough Planning Commission must act within forty-five (45) days after receipt of a Preliminary Plat from the developer. During review of the Preliminary Plat, the Planning Commission
shall also consider the report of the Director of Borough Engineering when making its decision. Within fifteen (15) days after the meeting@) at which the Preliminary Plat is reviewed
by the Planning Commission, the action taken by the Planning Commission is approving or disapproving the Preliminary Plat, together with the findings and reasons upon which the action
is based, shall be given, in writing, to the developer or his agent, the Borough Council, the Director of Borough Engineering and County Planning Commission. Within forty-five (45) days
after official submission of the Preliminary Plat, the Planning Commission shall recommend to Borough Council in writing that the Preliminary Plat be approved or disapproved. The findings
and reasons upon which action is based shall be included in the written recommendations. Within 45 days the Borough Council shall take action on the recommendation of the Planning Commission
approving or disapproving the Preliminary Plat. Two sets of the plats shall be returned to the developer noting the action of the Planning Commission and Borough Council, date and signatures
of the chairman and president. IV-3 PRELIMINARY PLAT REQUIREMENTS The preliminary plat of a subdivision or land development shall be at a scale of one inch equals 200 feet or larger.
It shall be designed in accordance with the provisions of Article VI1 and in strict accord with modern and accepted planning techniques. It shall show or be accompanied by sufficient
information to establish the design arrangement and dimensions of streets, lots, and other planned features as to form, size and location. This information shall form the basis of the
general terms and conditions upon which conditional approval may be granted and shall include: 19 I I I I I I I I I I I I I I I I
1 I I I I I 1 I I I I I I I I I I IV-3-1 IV-3-2 IV-3-3 IV-3-4 IV-3-5 IV-3-6 IV-3-7 IV-3-8 IV-3-9 A key map showing the entire subdivision and its relation to surrounding areas. The tract
name, date, graphic scale and the following names and facts: (1) Certification that the applicant is the owner of the land or his authorized agent giving names and addresses of both.
(2) Name of the subdivider or developer. (3) Name and professional seal(s) of the person(s) who prepared the plat. Acreage of the tract to be subdivided to the nearest tenth of an acre.
The names of owners of all abutting unplatted land and the names of all abutting subdivisions. Contours at vertical intervals of two (2) feet on land with an average natural slope of
four (4) percent or less, and five (5) feet on land with an average natural slope exceeding four (4) percent. The location of existing property lines, streets, buildings, watercourses,
railroads, bridges, culverts, drain pipes and any natural features such as wooded areas, alluvial soils, flood areas and rock formations. A copy of any protective covenants or deed restrictions
applying to the land being subdivided. A full plan of development showing the location of all proposed streets, roads, alleys, utility easements, parks, playgrounds, and other public
areas; suggested street names, proposed building set back lines for each road; proposed lot lines and approximate dimensions of lots; lot numbers in consecutive order; and all streets
and other areas designed for apartment facilities, public use or proposed to be dedicated or reserved for future public use together with the conditions of such dedications or reservations.
When required by the Director of Borough Engineering, the preliminary plat shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions
for a reasonable distance beyond the limits of the proposed subdivision; typical cross-sections of the proposed grading, roadway and sidewalk; and preliminary plans of proposed water
lines, sanitary and storm water sewers with grades and sizes indicated. 20
IV-3-10 Where the preliminary plat submitted covers only a part of the . I I subdivider's entire holding, a sketch of the prospective street system of the unsubmitted part shall be furnished
and the street system of the submitted part will be considered in the light of adjustments and connections with future streets in the Dart not submitted. 21 I
11 I I 1 I 1 I I I I I I I I I ARTICLE V FINAL PLAT SUBMISSION, REVIEW, REQUIREMENTS AND RECORDING v-1 FINAL PLAT SUBMISSION v-1-1 v-1-2 v-1-3 v-1-4 v-1-5 V-1-6 Within twelve (12) months
after approval of the Preliminary Plan, a Final Subdivision or Land Development Plat, and all required supplemental data, shall be submitted to the Director of Borough Engineering. An
extension of time may be granted by the Borough Planning Commission upon written request. Otherwise, the plat submitted may be considered as a new Preliminary Plat. The Final Plat shall
conform in all significant respects to the Preliminary Plat as previously reviewed by the Borough Planning Commission, but shall incorporate all modifications required by the Borough
Planning Commission in its review of the Preliminary Plat. The Borough Planning Commission may, however, accept a Final Plat modified so as to reflect any substantial changes which have
occurred on the site of the proposed subdivision, or in its surroundings, since the time of the Preliminary Plat review. Copies of the Final Subdivision or Land Development Plat shall
be submitted to the County Planning Commission and any appropriate County and State agencies. The Final Plat may be submitted in sections or stages, each covering a reasonable portion
of the entire proposed subdivision as shown on the reviewed Preliminary Plat, in accordance with regulations as set forth in Section V-3. In the case of a Final Subdivision or Land Development
Plat which is to be submitted in sections or stages over a period of years, the time between submission of applications for final approval of each stage or section shall be no greater
than twenty-four (24) months. If the Final Plan submission complies with Section V-3 of this Ordinance, the Director of Borough Engineering shall acknowledge such compliance by immediate
issuance, to the developer, of a Final Subd ivision Plat ReceiDt. Official submission of a Final Plat to the Director of Borough Engineering shall comprise submitting the following information
no less than ten (10) days prior to a regularly scheduled Planning Commission meeting: 22
v-1-7 V-1-8 Submission of three (3) copies of a completed Final vision or b dD evelQpment Plat m,and the appropriate submission fee. Submission of six (6) paper prints of the Final Plat.
Submission of six (6) copies of all required supplemental information. Submission of two (2) copies of all offers of dedication and covenants, governing the reservation and maintenance
of undedicated open space, which shall bear the certificate of approval of the Borough Solicitor as to their legal sufficiency. The Director of Borough Engineering shall within five
(5) days refer one (1) copy of a complete Final Subd ivision or Land DevelQpment Plat B g p l i c m , one (1) print of the Final Plat, and one (1) copy of all required supplemental information
to the Borough Council. He shall refer one (1) copy of a complete Final Subd ivision or Land De ve lo Dment plat ADplication, two (2) prints of the Final Plat, and one (1) copy of all
supplemental information, offers of dedication and covenants governing undedicated open space to the Borough Planning Commission. Official submission of a Final Plat by the Borough Planning
Commission to the County Planning Cornmission shall comprise the following: (1) qSubme i.ss. i on of one (1) copy of a com.ple.ted Fi.nal (2) Submission of two (2) paper prints of the
Final Plat. (3) Submission of one (1) copy of all required supplemental information. Additional prints of the Final Plat shall be submitted to the respective agencies in each of the
following circumstances. (1) Whenever the property being subdivided or developed abuts a State Legislative Route, one (1) print of the Final Plat shall be submitted to the Pennsylvania
Department of Transportation. (2) Whenever a proposed subdivision or land development is located in more than one municipality or located adjacent to 23 I I I I I I 1 I I I I I I
I II I I I I I I I 1 I I I I I I I another municipality, one (1) print of the Final Plan shall be submitted for each municipality. v-2 FINAL PLAT REVIEW V-2-1 Review of the Final Plat
by the County Planning Commission shall proceed as follows: (1) Within thirty (30) days of the date of official submission, the staff of the County Planning Commission shall review the
Final Plat to determine its conformance with county plans and priorities, and shall recommend such written changes and modifications as it may deem necessary or advisable in the public
interest and send them to the Director of Borough Engineering, Borough Planning Commission, Borough Council, and the developer or his designated agent. V-2-2 Review of the Final Plat
by the Borough Planning Commission shall proceed as follows: (1) When a Final Plat has been officially submitted, it shall be placed on the agenda of the Borough Planning Commission
for review at its next regular meeting, provided that such official submission to the Director of Borough Engineering has occurred no less than ten (10) days prior to such regular meeting.
The Planning Commission may hold a public hearing at this time if the Final Plat departs substantially from the Preliminary Plat. (2) The Borough Planning Commission shall review the
Final Plat to determine its conformance with the standards contained in this ordinance, with other applicable Borough ordinances, and with such changes and modifications which the Planning
Commission required in connection with approval of the Preliminary Plat. During review of the Final Plat, the Planning Commission shall also consider the written report of the Director
of Borough Engineering, and, if required, of the County Planning Commission. (3) When a Final Plat has been reviewed by the County Planning Commission, no recommendations shall be made
by the Borough Planning Commission to the Borough Council with respect to the Final Plat until the Commission has received and considered the written report of the County Planning Commission,
unless the County Planning Commission fails to report thereon within thirty (30) days after official submission of a Final Plat. 24
(4) Within forty-five (45) days after official submission of a Final Plat, the Planning Commission shall recommend to the Borough Council in writing that the Final Plat be approved or
disapproved. The findings and reasons upon which action is based shall be included in the written recommendation. V-2-3 Review of the Final Plat by the Borough Council shall proceed
as follows: (1) Within forty-five (45) days after receiving the recommendation of the Borough Planning Commission, or ninety (90) days after official submission of the Final Plat, the
Borough Council shall take action by approving or disapproving the Final Plat. (2) Within fifteen (15) days after the meeting at which the Final Plat is acted upon by the Borough Council,
the action taken by the Council in approving or disapproving the Final Plat, together with the findings and reasons upon which such action is based, shall be given, in writing, to the
Borough Planning Commission, County Planning Commission, Director of Borough Engineering and the developer, or his designated agent. (3) The action of the Borough Council shall be noted,
together with the date of action and signatures of its president and secretary, on the Final Plat. Two (2) copies of these Final Plats shall be distributed to the developer, or his agent
and one (1) copy to the Director of Borough Engineering's office for filing. V-2-4 Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval (a) No plat shall
be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this subdivision
and land development ordinance and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be
required by this subdivision and land development ordinance have been installed in accordance with such ordinance. In lieu of the completion of any improvements required as a condition
for the final approval of a plat, including Improvements or fees required by the Borough, the 25 I 11 I' I I I I I I 1 1 I I I I I I I 1 Il
,I I I I I I I I I I I I I I I ' subdivision and land development ordinance shall provide for the deposit with the municipality of financial security in an amount sufficient to cover
the costs of such improvements or common amenities including, but not limited to, roads, storm water detention and/or retention basins and other related drainage facilities, recreational
facilities, open space improvements, or buffer or screen plantings which may be required. 1 1 I I 1 i I ! I 4 1 1 I \ When requested by the developer, in order to facilitate financing,
the governing body or the Dlanning agency, if designated, shall furnish the developer with a signed copy of a resolution ndicating approval of the final plat contingent Jpon the developer
obtaining a satisfactory iinancial security. The final plat or record plan shall not be signed nor recorded until the financial mprovements agreement is executed. The 'esolution or letter
of contingent approval shall bxpire and be deemed to be revoked if the 'inancia1 security agreement is not executed within 30 days unless a written extension is granted by .he governing
body; such extension shall not be Inreasonably withheld and shall be placed in writing at the request of the developer. Without limitation as to other types of financial security which
the municipality may approve, which approval shall not be unreasonably withheld, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or
escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section. Such financial security shall be posted with a bonding company
or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct
such business within the Commonwealth. Such bond, or other security shall provide for, and secure to the public, the completion of any improvements which may be required on or before
the date fixed in the formal action of approval or I I 26
accompanying agreement for completion of the improvements. (f) The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of
the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Borough may adjust the amount of the financial security by
comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after
either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Borough may require the developer to post additional security
in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection. The amount of financial
security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer
licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon the recommendation of the Director of Borough
Engineering, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated
and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Borough and the applicant or developer. The estimate certified by the
third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be
paid equally by the Borough and the applicant or developer. (h) If the party posting the financial security requires more than one year from the date of posting of the financial security
to complete the required improvements, the amount of financial security 27 I I I I I I I I 1 I 1 I I I I 1 I 1 1
m I I I I I I I I I I I I I I m m may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount
not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.
(1) In the case where development is projected over a period of years, the governing body or the planning agency may authorized 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. (j) As the work of installing the required improvements proceeds, the party posting the financial security may request the governing body to release or authorize the
release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing
addressed to the governing body, and the governing body shaii have 45 days from receipt of such request within which to allow the Director of Borough Engineering to certify, in writing,
to the governing body that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the governing body shall authorize
release by the bonding company or lending institution of an amount as estimated by the Director of Borough Engineering fairly representing the value of the improvements completed or,
if the governing body fails to act within said 45-day period, the governing body shall be deemed to have approved the release of funds as requested. The governing body may, prior to
final release at the time of completion and certification by its engineer, require retention of 10% of the estimated cost of the aforesaid improvements. (k) Where the governing body
accepts dedication of all or some of the required improvements following completion, the governing body may require the 28
posting of financial security to secure structural Integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as
depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this
section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements. If water
mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a
public utility or municipal authority separate and distinct from the Borough, financial security to assure proper completion and maintenance thereof shall be posted In accordance with
the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section. (m) If financial
security has been provided In lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the Borough shall not condition
the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon
actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to
be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question
If such improvements are necessary for the reasonable use of or occupancy of the building or buildings. Any ordinance or statute inconsistent herewith is hereby expressly repealed. 29
V-2-5 Release from Improvement Bond When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the governing body, in writing, by
certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Director of Borough Engineering to inspect all of the aforesaid improvements.
The
Director of Borough Engineering shall, thereupon, file a report, in writing, with the goverming body, and shall promptly mail a copy of the same to the developer by certified or registered
maill. The report shall be made and mailed within 30 days after receipt by the Director of Borough Engineering of the aforesaid authorization from the governing body; said report shall
be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall nod be approved or shall
be rejected by the Director of Borough Engineering, said report shall contain a statement of reasons for such nonagproval or rejection. The governing body shall notify the developer,
within 15 days of receipt of the engineer's report, in writing by certified or registered mail of the action of said governing body with relation thereto. If the governing body or the
Director of Borough Engineering fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be
released from all liability, pursuant to its performance guaranty bond or other security agreement. If any portion of the said improvements shall not be approved or shall be rejected
by the governing body, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be f ol I o wed. Nothing herein,
however, shall be construed in limitation of the developer's right to contest or 30
question by legal proceedings or otherwise, any determination of the governing body or the Director of Borough Engineering. Where herein reference is made to the Director of Borough
Engineering, he shall be as a consultant thereto. (f) (9) The Borough may prescribe that the applicant shall reimburse the Borough for the reasonable and necessary expense incurred for
the inspection of improvements. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Suck expense shall be reasonable and in accordance with the
ordinary and customary fees charged by the Director of Borough Engineering or consultant for work performed for similar services in the community, but in no event shall the fees exceed
the rate or cost charged by the engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants. (1) In the event the applicant disputes the amount
of any such expense in connection with the inspection of improvements, the applicant shall, within ten ten working days of the date of billing, notify the Borough that such expenses
are disputed as unreasonable or unnecessary, in which case the Borough shall not delay or disapprove a subdivision or land development application or any approval or permit related to
development due to the applicant's request over disputed engineer expenses. (2) If, within 20 days from the date of billing, the Borough and the applicant cannot agree on the amount
of expenses which are reasonable and necessary, then the applicant and Borough shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth
of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary. 31
I I I I I I 1 I i I I I i I I 1 I (3) The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion
deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately. (4) In the
event that the Borough and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President
Judge of the Court of Common Pleas of the judicial district in which the Borough is located (or if at the time there be no President Judge, then the senior active judge then sitting)
shall appoint such engineer, who, in that case, shall be neither the Director of Borough Engineering nor any professional engineer who has been retained by, or performed services for,
the Borough or the applicant within the preceding five years. (5) The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by
the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original
bill by $1,000 or more, the Borough shall pay the fee of the professional engineer, but otherwise the Borough and the applicant shall each pay one-half of the fee of the appointed professional
engineer. v-3 FINAL PLAT REQUIREMENTS The final plat should be drawn on a reproducible mylar material at a scale of not less than one inch equals 50 feet. Where necessary, the plat may
be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions the final plat may be submitted for approval progressively in contiguous sections
satisfactory to the Planning Commission. The final plat shall show or be accompanied by the following: V-3-1 Date, name and location of the subdivision. Name of owner and graphic scale.
32
V-3-2 v-3-3 v-3-4 v-3-5 V-3-6 v-3-7 v-3-8 v-3-9 V-3-1 0 V-3-11 V-3-1 2 Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be
reserved or dedicated to public use, a19 lot lines and other site lines; with accurate dimensions, bearings or deflection angles, radii, arcs, and central angles of all curves. The purpose
of any easement or land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted. Each block shall be numbered and
the lots within each block shall be numbered consecutively beginning with number 1. Minimum building set back lines on all lots and other sites. Location and description of all monuments.
Names of owners of adjoining unsubdivided land. Certification by registered professional engineer and/or registered surveyor as to accuracy of details of plat. Certification that the
applicant is agent or owner of the land, or that the owner has given consent under an option agreement, and that the owners dedicate to public use as streets, playgrounds, parks and
easements all areas so shown and indicated on the plat. Profiles of streets to a scale of 1" = 20' horizontal -1" = 4' vertical approved by the Director of Borough Engineering. Cross-sections
may be required as determined by the Director of Borough Engineering. Contours at five (5) foot intervals for slopes averaging four (4) percent or greater and at two (2) foot intervals
for land of lesser slope. Plans and profiles of storm and sanitary sewers and water mains. (1) If water is to be provided by means other than by private wells owned and maintained by
the individual owners of lots within the subdivision or development, applicants shall present evidence to the governing body or planning agency, as the case may be, that the subdivision
or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate
Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an applicant for such 33 B I I I I 1 1 1 1 I 1 I 1 B I I
I I I I I I I I I I I I I I I I I certificate, a cooperative agreement or a commitment or agreement to service the area in question whichever is appropriate, shall be acceptable evidence.
V-3-13 A certificate by the Director of Borough Engineering certifying that the subdivider has complied with one of the following alternatives: (a) All improvements have been properly
installed in accord with the requirements of these regulations and with the action of the Borough Council giving conditional approval to the preliminary plat, or (b) A bond with sufficient
surety or certified check has been posted, which is available to the Borough and in sufficient amount to assure completion of all required improvements. V-3-14 Protective covenants in
form for recording. RECORDING OF FINAL PLAT V-4-1 V-4-2 v-4-3 v-4-4 Before the Borough Council approves any final plats, and as a prerequisite for approval, the developer shall deliver
to the Borough Council a performance guarantee and assurances of escrowed amounts for inspection in accordance with Section V-3-13. Upon written application signed by the obliger and
surety of performance guarantee in a form approved by the Borough Solicitor, the Borough Council may, at its discretion, extend the period for installation of guaranteed improvements
by not more than three additional years, or, when the improvements have been partially completed, may reduce proportionally the amount of the performance guarantee, by formal resolution.
In the event of the default under a performance guarantee, the proceeds of the performance guarantee received by the Borough shall be used to construct and install the improvements.
The Director of Borough Engineering shall notify the Borough Council upon the completion of procedures as set forth in Section After completion of procedures as set forth in Section
V-4-2 and after the Final Plat is approved by the Borough Council, the Record Plat, and as many other copies of the Final Plat as may be desired, shall be endorsed by the Council and
by the County Planning Commission. No Subdivision or Land Development Plan may be recorded unless it bears Borough Council, County Planning Commission and Borough Planning Commission
endorsements and the corporate seal of the Borough. V-4-2. I :I 34
v-4-5 V-4-6 v-4-7 V-4-8 v-4-9 The Record Plat shall be a clear and legible print of a type and materials required by the Franklin County Recorder of Deeds. After endorsement by the Borough
Council, Borough Planning Commission, and the County Planning Commission, the developer shall file the Record Plat with the County Recorder of Deeds within ninety (90) days of the date
of Final Approval by the Council. If the developer fails to record the Final Plat within such period, the action of the Borough Council shall be null and void, unless an extension of
time is granted in writing by the Borough Council upon written request of the developer. A receipt of recording shall be provided to the Director of Borough Engineering . At the time
the Record Plat is endorsed by the Borough Council, the Borough shall receive one (1) reproducible print of the Final Plat as approved for its permanent files. A reproducible mylar shall
be provided to the Borough. At the time the Record Plat is endorsed by the County Planning Commission, the Commission shall receive two (2) endorsed paper prints of the Final Plat as
approved by the Borough Council. The developer shall submit reproducible plans of as built public improvements after construction. 35 I I I I I I' I I I I I I I' I I I 1 I I'
~ I I I 1 I I I I I I I I I I I I I ARTICLE VI MINOR SUBDIVISION SUBMISSION PROCEDURES AND REQUIREMENTS VI In the case of a minor subdivision as defined in Article II, the following
procedure shall be followed: VI-1-1 vi-1 -2 VI-1 -3 VI-1 -4 VI-1 -5 The developer shall prepare and submit five (5) white prints of all or selected Final Plat maps and materials listed
in Section V-3, as designated by the Director of Borough Engineering. Following Final Plat submission, the Borough will submit a copy of the plat to the County Planning Commission, and
the County Planning Commission shall review and comment on the plat within thirty (30) days and submit comments to the Director of Borough Engineering. Upon receipt of County Planning
Commission comments or the expiration of the 30 day review period, the Director of Borough Engineering shall make a report on the final plat to the Borough Planning Commission at its
next regular Planning Commission meeting. If the Planning Commission classifies and approves the minor subdivision final plat, a notation to that effect will be made on the plat. Notification
of approval, conditional approval or disapproval shall be given to the developer within ten (10) days of Planning Commission decision. One (1) copy of the approved plat shall be provided
to the Director of Borough Engineering, Borough Planning Commission and County Planning Commission. The developer shall file a Record Plan with the County Recorder of Deeds within ninety
(90) days of the data of Final Plat approval by the Planning Commission. Receipt of recording shall be provided to the Director of Borough Engineering. 36
ARTICLE VI1 DESIGN STANDARDS VII-1 STREETS VII-1-1 VII-1-2 VII-1-3 VII-1-4 VII-1-5 ~ VII-1-6 The arrangements, character, extent, width, grade and location of all streets shall conform
to the comprehensive plan and shall be considered in their relation to existing and planned streets, to topographical conditions to public convenience safety and in their appropriate
relation to the proposed uses of the land to be served by such streets. Where such is not shown in the comprehensive plan, the arrangement of streets in the subdivision shall either:
(1) (2) Provide for the continuation or appropriate projection of existing principal streets and surrounding areas; or Conform to a plan for the neighborhood approved or adopted by the
Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable. Minor streets shall be so
laid out that their use by through traffic will be discouraged. Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require marginal
access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys, or such other treatment as
may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. Where a subdivision borders on or contains a railroad right-of-way
or limited access highway right-of-way, the Planning Commission may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate
use of the intervening land, as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined
with due regard for the requirements of approach grades and future grade separations. Reserve strips for future street extensions and other similar purposes shall be dedicated to the
Borough Borough by deed of dedication. I I I I I I I I I 1 I I I I I I I I I I 37
1 I I VII-1-7 vii-i -a Street jogs with centerline offsets of less than one hundred and twenty-five (125) feet shall be avoided. A tangent at least one hundred (100) feet long shall
be introduced between reverse cutves on arterial and collector streets. I I I I I I I I I I I VII-1-9 VII-1-10 VII-1-11 VII-1-12 VII-1-13 I VII-1-14 I 1 I When connecting streets deflect
from each other at any one point by more than ten (10) degrees, and not more than forty-five (45) degrees, they shall be connected by a curve with a radius of not less than one hundred
(100) feet for minor streets and three hundred (300) feet for arterial and collector streets. Streets shall be laid out so as to intersect as nearly as possible at right angles and no
street shall intersect any other street at less than 60 degrees. Property lines at street intersections shall be rounded with a radius of 25 feet, or of a greater radius where the Planning
Commission may deem it necessary. The Planning Commission may permit comparable cut-offs or chords in place of rounded corners. Street right-of-way widths and pavement widths shall be
as shown in the Comprehensive Plan and where not shown therein shall be not less than as follows: Right of Way Pavement Street Tvpe (feet\ (feet) Arterial 80 60 or as required by State
Collector 60 40 Local, for single family attached and apartment developments; commercial 81 industrial developments 60 40 Minor, for single family & two family developments 50 30 Marginal
access 40 24 Half streets shall be prohibited. Whenever an existing half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.
Dead-end streets, designed to-be so permanently, shall not be longer than 600 feet and shall be provided at the closed end with a turn-around having an outside roadway diameter of at
least 80 feet and a street property line diameter of at least 100 feet. 38
Vll-1-15 No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Planning Commission.
VII-1-16 Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curves: Percent Gr& Arterial 4 yo Minor 14% Collector 5% Marginal
access 14% VII-1-17 No street grade shall be less than 0.5 percent. Vll-2 ALLEYS Vll-2-1 Vll-2-2 Vll-2-3 Vll-2-4 Vll-2-5 Alleys shall be provided in commercial and industrial districts,
except that the Planning Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking
consistent with and adequate for the uses proposed. The right-of-way width of an alley shall be 15 feet. Alley intersections and sharp changes in alignment shall be avoided, but where
necessary, corners shall be cut off sufficiently to permit safe vehicular movement. Dead-end alleys alleys shall be avoided where possible, but if unavoidable, shall be provided with
adequate turn-around facilities at the dead-end, as determined by the Planning Commission. All alleys shall be paved. Vll-3 EASEMENTS Vll-3-1 Easements across lots or centered on rear
or side lot lines shall be provided for utilities where necessary and shall be at least 15 feet wide. Vll-3-2 Where a subdivision is traversed by a water course, drainage way, channel,
or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction,
or both, as will be adequate for the purpose. Parallel streets may be required in connection therewith. 39
I I I I 1 I I I I I I I VI 1-4 BLOCKS Vll-4-1 Vll-4-2 Vll-4-3 Vll-5 LOTS Vll-5-1 Vll-5-2 Vll-5-3 Vll-5-4 Vll-5-5 The lengths, widths and shapes of blocks shall be determined with due
regard to: (1) Provision of adequate building sites suitable to the special needs of the type of use contemplated. (2) Zoning requirements as to lot sizes and dimensions. (3) Needs for
convenient access, circulation, control and safety of street traffic. (4) Limitations and opportunities to topography. Block lengths shall not exceed 1,600 feet, or be less than 500
feet. Pedestrian crosswalks, not less than 10 feet wide, shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation,
and other community facilities. The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and
for the type of development and use contemplated. Lot dimensions shall conform to the requirements requirements of the Borough Zoning Ordinance. Corner lots for residential use shall
have extra width to permit appropriate building setback from and orientation to both streets. Every lot or parcel of land shall abut on a public street except that the Planning Commission
may waive this requirement and permit frontage on a public alley provided: a) the newly created lot or lots do not create traffic congestion nor interfere with the free flow of traffic
in the alley; b) the lots are in accord with the development plans of the neighborhood and in the best public interest; and c) a hearing is held at which time area residents may submit
testimony. Double frontage and reverse frontage lots, shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific
disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet, and across which there shall be 40
no right-of-access shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. VII-6 PUBLIC SITES AND OPEN SPACE Vll-6-1 Where a proposed park,
playground or other public use shown in a Comprehensive Plan is located in whole or in part in a subdivision, the Planning Commission may require the dedication or reservation of such
area within the subdivision in those cases in which the Planning Commission deems such requirements to be reasonable. Vll-6-2 Where deemed essential by the Planning Commission, upon
consideration of the particular type of development proposed in the subdivision, and especially in large-scale neighborhood unit developments not anticipated in the Comprehensive Plan,
the Planning Commission may require the dedication or reservation of such other areas or sites of a character, extent and location suitable to the needs created by such development for
schools, parks and other neighborhood purposes. Vll-6-3 Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing
such features. Vll-7 STORM WATER MANAGEMENT (In compliance with Ordinance #903) Storm water runoff shall be controlled in a manner which will assure that the rate of storm water runoff
after completion of the subdivision or land development will not exceed the runoff rate existing prior to the subdivision or land development. Vll-8 EROSION AND SEDIMENTATION CONTROL
(In compliance with Ordinance #835) VII-8-1 No changes shall be made in the contour of the land; no grading, excavating, removal, or destruction of the topsoil, trees or other vegetative
cover of the land shall be commenced within a proposed subdivision or land development tract until such time that a plan for minimizing erosion and sedimentation control has been reviewed
by the County Soil and Water Conservation District and reviewed and approved by the Borough Planning Commission, or there has been a determination by the Borough Planning Commission,
upon recommendation by the County Soil and Water Conservation District, that such plans are not necessary. Vll-8-2 Measures used to control erosion and reduce sedimentation shall meet
the standards and specifications of the County Soil and I I I I I I 41
I I I I I I I I I 1 1 1 1 1 I 1 I I VII-9 VII-IO VII-11 Water Consetvation District as set forth in the County Erosion and Sediment Control Handbook. The Director of Borough Engineering,
or other officials as designated shall ensure compliance with the appropriate specifications, copies of which are available from the District. CURBS AND SIDEWALKS Curbs shall be required
and sidewalks, if required by the Borough Council, shall be designed as follows: Street Type Curb Sidewalk Grass Plot' Regiaired Reayired Re-Collector Yes 4' 5'-6" Local, Single Family
attached and apartment developments Yes 4' 5'-6" Commercial and Industrial Development Yes 7.5' None Minor-Single and Two Family Developments Marginal Access Yes 4' 5'-6" Yes 4' one
side 5'-6" only *Grassplot between curb and sidewalk. SEWERS Sewers shall be installed regardless of whether public sewer service is present I y available. TELEPHONE AND ELECTRICAL SERVICE
Underground electric and telephone service shall be provided in subdivisions involving five ((5) or more lots. 'I ,I i 42
ARTICLE VI11 REQUIRED IMPROVEMENTS VIII-1 MONUMENTS AND MARKER Monuments shall be placed at all property line intersections of the original tract as shall be required by the Director
of Borough Engineering. Markers shall be required at all lot line intersections. Vlll-2 IMPROVEMENTS ACCORDING TO APPROVED PLAT All improvements specified and approved on the Final approved
Plat shall be installed, constructed and completed in accordance with the approved Plat and with all design standards and improvement procedures specified by the Director of Borough
Engineering. Vlll-3 UTILITY IMPROVEMENTS V111-3-1 Utilities shall be provided by the developer on the following basis: (a) Sanitary Sewer -The developer shall install, to Borough specifications,
the sanitary sewer and the sewer laterals to the curb. The Borough will provide sewer to the boundary of the development provided service is within 500 feet of the development . (b)
Water -The developer shall install, to the Borough specifications, the water mains, fire hydrants and water services. Such installation shall be made by the developer in accordance with
the rules, regulations and schedule of charges for water service adopted by the Waynesboro Borough Authority effective April 1, 1979, as the same may be amended from time to time. The
rules, regulations and schedule of charges for water service as adopted by the Waynesboro Borough Authority above-referred to are hereby incorporated herein insofar as the same are applicable
to the installation of water mains, fire hydrants and water services. (See Article V-3-12) (c) Storm Sewer -Where required the developer shall provide all storm sewers and storm inlets
within the subdivision. The Borough will pay the increased cost of additional capacity for trunk storm sewers when they are required to drain areas above and beyond the subdivision.
The increased cost shall be determined as the difference in construction cost of the trunk sewer and a sewer required to carry only the runoff from the subdivision. The cost 43
I I I I I I I I I I I i i i i i difference shall be based on accepted engineering design standards and shall be as determined by the Director of Borough Engineering. All engineering
and construction plans shall be provided by the subdivider drawn to Borough specifications and approved by the Director of Borough Engineering. One set of mylar tracings of the as-built
plans shall be provided to the Borough. VIll-4 STREET CONSTRUCTION Street improvements including curbs shall be provided by the subdivider in each new subdivision in accordance with
the standards and requirements described in the following schedule. Collector Local and Marginal c 1. Pavement Base per Penna. Dept. of Highways Specifications X X X X X X a. 4 1/2"
plant mix asphalt base b. 3 1/2" plant mix asphalt base 2. Binder Course per Penna. Dept. of Highways Specifications a. 1 1/2" bitum or asphalt concrete plant mix 3. Wearing Course per
Penna. Dept. of Highways Specifications a. 1 1/2" bitum or asphalt concrete plant mix where a plant mix base or a cement treated base is used. When unusual soil conditions are encountered
special pavement features may be required as determined by the Director of Borough Engineering. Vlll-5 CURB CONSTRUCTION Curbs shall be 20 inches x 6 inches at top x 7 inches at base,
battered P.C.C. (Portland Cement Concrete), as per Ordinance 588 as amended. I -44
ARTICLE IX ADMINISTRATION IX-1 MODIFICATIONS IX-2 IX-1-1 IX-1-2 IX-1-3 IX-1-4 Borough Council may grant a modification of the requirements of one or more provisions if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the
purpose and intent of the ordinance is observed. All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request
shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved and the minimum modification
necessary. The request for modification may be referred to the Planning Commission for advisory comments. Borough Council shall keep a written record of all action on all requests for
modifications. SEVERABILITY AND CONFLICTS IX-2-1 Should any action or provision of this Ordinance be declared by the courts to be invalid, such decision shall not affect the validity
of the Ordinance as a whole, nor the validity of any section or provision of the Ordinance than the one so declared. IX-2-2 Whenever there is a conflict between minimum standards or
requirements set forth in this Ordinance and
those contained in other Borough ordinances and regulations, or other applicable laws and regulations, the most stringent standard or requirements shall apply. IX-3 AMENDMENTS Amendments
to the Subdivision and Land Development Ordinance shall become effective only after a public hearing held pursuant to public notice in the manner prescribed for enactment of a subdivision
and land development ordinance by the Pennsylvania Municipalities Planning Code. In addition, in case of an amendment other than that prepared by the Planning 1 I I1 I' I I I I I I I
I I I1 I1 I I I I I 45
I I I I I I I I I I I I I I I I I Commission, the Borough Council shall submit each such amendment to the Planning Commission for recommendations at least forty (40) days prior to the
date fixed for the public hearing on such proposed amendment. IX-4 FEES A fee in compliance with the fee schedule adopted from time to time by resolution by the Borough Council shall
be paid by the developer to the Borough for each preliminary and final plat to cover the cost of considering, examining, and checking the plat as required by this Ordinance. The fee
is payable upon initial submission of the plats and is not refundable. IX-5 PENALTIES Any person, partnership , or corporation, who or which being the owner or agent of the owner of
any lot, tract or parcel of land shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other
purposes or for the common use of occupants of buildings abutting thereon or who sells, transfers or agrees or enters into an agreement to sell any land in subdivision or land development
whether by reference to or by other use of a plat of such subdivision or land development , or otherwise, or erect any building thereon , unless and until a final plat has been prepared
in full compliance with the provisions of this Ordinance and of the regulations adopted hereunder and has been recorded as provided herein shall be guilty of a misdemeanor, and upon
conviction thereof, such person or the members of such partnership, or the officers of such corporation, or the agent of any of them, responsible for such violation pay a fine in accordance
with the fee schedule adopted from time to time by resolution by the Borough Council. All fines collected for such violations shall be paid over to the Borough. The description by metes
and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies
herein provided. IX-6 REPEALER Ordinance No. 557 dated June 17, 1964, Ordinance No. 606 dated May 17, 1967, Ordinance No. 633 dated .December 4, 1968, Ordinance No. 666 dated March 25,
1970, Ordinance No. 717 dated August 4, 1971, Ordinance No. 823 dated March 1, 1978, and all Ordinances or parts of Ordinances in conflict with or inconsistent with this Subdivision
and Land Development Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect. 46 I
IX-7 EFFECTIVE DATE This Ordinance shall go into effect 0 c%44 3 1972 Enacted into an ordinance this h f$ Approved by the Mayor this B7Ad ay of 7~~614949 2 I hereby certify the foregoing
to be a true and accurate copy of Ordinance No. 944 adopted by Borough Council on September 16, 1992. I I I I Bz&ugh Secrztae I I I 47 I I
ORDINANCE NO. 980 AN ORDINANCE AMENDING ORDINANCE NO, 944, WAYNESBORO SUBDIVISION & LAND DEVELOPMENT ORDINANCEl ENACTED SEPTEMBER 16, 1992, EFFECTIVE OCTOBER 1, 1992. BE IT ENACTED AND
ORDAINED by the Borough of Waynesboro, and it is hereby ordained and enacted by authority of the same that the following Articles are added to Ordinance 944: Article X -MOBILE HOME PARK
REGULATIONS Article XI -PLANNED RESIDENTIAL DEVELOPMENT REGULATIONS The language of the Articles to be added is as follows: ARCTICLE X -MOBILE HOME PARK REGULATIONS X-1 . Area and Development
Controls x-1-1 The minimum site area for a mobile home park shall be three (3) acres. Not less than eighty percent (80%) of the site area shall be fully capable of development and shall
not be encumbered by: floodplain or flood hazard area; steep slope area; high water table area; marsh area; a highly erodible soil area; or area of shallow bedrock. x-1-2 X-1-3 X-1-4
X-I -5 X-I -6 The minimum lot area for each mobile home located in a mobile home park shall be seven thousand five hundred (7,500) square feet. The minimum lot width for each mobile
home located in a mobile home park shall be sixty (60) feet as measured at the front rightoofway line and as measured at the building setback line. The minimum depth of any lot proposed
within a mobile home park shall be one hundred twenty (I 20) feet as measured from the from right-of-way line. Flag lots are not permitted within a mobile home park. The minimum front
yard and the minimum rear yard for a
proposed mobile home lot shall each be thirty (30) feet. X-1-7 X-1-8 x-1-9 x-7-10 x-1-11 x-1-12 X-1-13 X-1-14 The minimum side yard shall be fifteen (15) feet, with an aggregate side
yard width of thirty-five (35)fe et for each lot. Each proposed mobile home lot shall have full frontage on a public street, or on a private street (if approved by the Borough Council)
meeting all paving, width and other design criteria for public streets as covered in Articles VI1 and Vlll of the Borough Subdivision and Land Development Ordinance. A minimum open space
area comprising twenty percent (20%) of the mobile home park site shall be required. Not less than eighty percent (80%) of the open space area shall be usable for active recreation purposes.
The maximum lot coverage by a mobile home shall not exceed twenty percent (20%) of the lot area. The maximum impervious surface coverage for a mobile home park and for a mobile home
lot shall not exceed thirty-five (35%) of the site area or the lot area. The maximum height of of a mobile home shall not exceed thirty-five (35) feet and the height of any appurtenant
structures shall not exceed a total of thirty (30) feet. Each mobile home located in a mobile home park shall be provided with not less than two (2) off-street parking spaces located
either on the mobile home lot or within an approved common parking area located not more than one hundred fifty (1 50) feet from each mobile home served. . Each proposed mobile home
park shall be subject to the requirements of the Borough Subdivision and Land Development Ordinance to the extent that all requirements for a land deveiopment pian shall be required,
including any special requirements for mobile home parks. X-2. Special Regulations for Mobile Home Parks x-2-1 Each proposed mobile home located within a mobile home park shall be: (1
1 Connected to a public water supply.
(2) Connected to a public sewer system. x-2-2 Each mobile home park shall provide for complete, on-site stormwater management and erosion control facilities which shall be designed in
accordance with the requirements of all applicable Borough ordinances. X-2-3 Each mobile home park shall provide for centrally located refuse disposal container areas designed to serve
a maximum of twenty (20) individual mobile homes each. Each such container space shall not be less than two hundred (200) square feet in area, shall be fenced or buffered by a landscape
screen and shall be easily accessible [within two hundred fifty (250) feet of the mobile homes served]. Paved walkways shall be provided to the refuse container spaces. Containers shall
be weatherproof, vermin proof and accessible to a street or driveway for vehicular loading or removal. Waste in all refuse disposal containers shall be collected at least once a week.
X-2-4 A central service building or buildings may be provided within a mobile home park, containing such accessory uses as: a management office; laundry facilixies; a repair and maintenance
office; meeting rooms and toilets; resident mailbox facilities; indoor recreational facilities for residents only; and enclosed storage closets for residents only. X-2-5 Each individual
mobile home shall be located on a continuous concrete pad, with frost proofed footers, which exceeds the . outside dimensions of the mobile home by at least four (4) inches. A minimum
of six (6) permanent eyebolt or similar tie-down anchors shall be properly placed within the exterior edge of the pad. Mortar-filled or reinforced concrete piers not less than sixteen
by sixteen (1 6 x 1 6) inches shall be provided between the pad and the mobile home frame. Not less than eight (8) such piers shall be provided for each mobile home. Permanent tie-down
straps (anchored) shall be required to withstand wind forces and uplift at wind speeds of eighty (80) miles per hour per the applicable section of the Borough's Building Code. X-2-6
All exterior sides of each mobile home shall be provided with a permanent skirt covering the entire space between the concrete pad and the exterior siding of the unit. The skirt shall
be of compatible design and material of the unit. Sufficient ventilation to prohibit decay and deterioration of the structure shall be provided. Skirting around the entire base of the
mobile home shall be constructed within thirty (30)d ays of placement of the mobile
A. i i I home in the park. A-2-7 X-2-8 X-2-9 x-2-10 x-2-11 x-2-12 x-2-13 X-2-14 x-2-15 X-2-16 Permitted accessory buildings or accessory uses may not ue located in a required yard. Screening
(Buffer Strips) shall be provided along all property and street boundary lines. Said screening shall be installed by the developer in accordance with Article IX Section 65.8. of this
zoning ordinance. Any entrance and exit to a Mobile Home Park shall be on a public street. Each Mobile Home Park shall have a minimum of two (2) means of egress and ingress, and a distance
of at least one hundred fifty (1 50) feet shall be maintained between center lines of these required access streets. Electrical, telephone, and television cable service utilities shall
be provided underground, The tongue and hitch assembly used to tow a mobile home shall be removed within thirty (30) days of placement of the mobile home in the mobile home park. All
mobile home park streets, auxiliary parking lots, and common walkways shall be illuminated during night hours. Spacing and height of illumination shall be based on recommendations of
West Penn Power Co. . No part of any mobile home park shall be used for a non residential purpose except such uses that are required for the direct servicing and well being of the park
residents and for the management and maintenance of the park, Exposed ground surfaces in all parts of every mobile home park shall be paved or covered with stone, screening or other
solid material or protected with a vegetation growth that is capable of preventing soil erosion and the emanation of dust during dry weather. Mobile home park grounds shall be maintained
free of vegetative growth which is poisonous or which may harbor rodents, insects or other pests harmful to human beings.
X-3. License for Mobile Home Parks: Application Therefore and issuance Thereof X-3-1 It shall be unlawful for any person to establish, operate or maintain or permit to be established,
operated or maintained upon any property owned or controlled by him, a mobile home park within the limits of the Borough without having first secured a license therefore from the Borough
Manager, granted and existing in compliance with the terms of this ordinance, which license shall expire one year from the date of issuance, but may be renewed under the provisions of
this ordinance for additional periods of one year. X-3-2 The application for an initial mobile home park license shall be filed with the Borough Manager and shall be accompanied by a
fee as established from time to time by resolution of the Borough Council for each mobile home space in the existing or proposed mobile home park. The application shall be in writing
signed by the applicant and shall include the following: The name and address of the applicant. The name and address of the owner or owners of the land upon which the mobile home park
is to be laid out or is maintained. The location and legal description of the mobile home park. A complete plan of the park setting forth roadways and driveways; locations of mobile
home spaces; location and size of all utility lines; method and plan of sewage disposal; method and plan of garbage removal; plan for water supply; and plan for electrical lighting.
Plans for and specifications of all buildings, improvements and facilities constructed or to be constructed within the mobile home park. Such further information as may be requested
by the Borough Manager’s Office to enable it to determine if the proposed mobile home park will comply with legal requirements. The applications and all accompanying plans and specifications
shall be filed in triplicate. The Borough Manager or his duly
appointed designee shall investigate the applicant and inspect the applications and the proposed plans and specifications. If the proposed mobile home park will, when constructed or
altered in accordance with such plans and specifications, be in compliance with all provisions of this ordinance and all other applicable ordinances and statutes the Borough Manager
shall approve the application and upon completion of the park according to the plans shall issue the license. 3-3 Upon application in writing by a licensee for renewal of a license and
upon payment of the annual license fee, the Borough Manager shall issue a certificate renewing such license for another year. The fee shall be established from time to time by resolution
of Borough Council. x-3-4 Upon application in writing for a transfer of a license and payment of a transfer fee as established from time to time by resolution of the Borough Council,
the Borough Manager shall issue a transfer. The fee shall be established from time to time by resolution of Borough Council. X-4. Maintenance of Facilities The operator and owner shall
be responsible for maintaining all common facilities, including but not limited to roads, parking areas, sidewalks or pathways, common open space, water supply and sewage disposal systems
and service buildings, in a condition of proper repair and maintenance. If upon inspection by the Zoning Officer it is determined that the mobile home park is not in compliance with
this standard of maintenance, the licensee shall be considered to be in violation of this chapter and the Zoning Officer shall notify the operator or licensee of the particulars of any
such violation. The operator and licensee shall thereafter correct any such violations. If the violation is determined by the Zoning Officer to constitute a hazard to the health and
safety of the residents of the mobile home park, he shall order that the violation be corrected forthwith. . X-5. Maintenance Bond X-5-1 In addition to any performance bond which may
be required for public facilities or utilities, the licensee of a mobile home park shall, prior to issuance of any certificate of occupancy pursuant to final approval of an application,
post with the Borough a maintenance bond in a form acceptable to the Borough a maintenance bond in a form acceptable to the Borough Solicitor,
in an amount sufficient to cover for a period of two (2) years the cost of maintenance of all common facilities, as determined by the Borough Zoning Officer or Borough Engineering Department.
The bond shall remain in effect for the duration of the operation of the mobile home park. X-5-2 In the event on noncompliance with an order pursuant to Subsection 111, the Borough may
call the maintenance bond and use the proceeds thereof to effect correction of the violations. ARTICLE XI -PLANNED RESIDENTIAL DEVELOPMENT REGULATIONS XI-1. Purpose -The purposes of
planned residential development provisions are: XI-1-1 To encourage innovations in residential development so that the demand for housing may be met by greater variety and maximum choice
in the type, design, and layout of dwellings and by the conservation and efficient use of recreation open space ancillary to said dwellings. XI-1-2 To encourage a more efficient use
of the remaining undeveloped land in the Borough and to reflect changes in the technology of land development so that the economies achieved may benefit those who need homes. XI-1-3
To encourage more flexible land development which will respect and conserve natural resources such as streams, flood plains, wetlands, wooded areas, steeply sloped areas, areas of unusual
beauty, and significant natural habitats. XI-1-4 To provide a greater variety of housing types, thus allowing a more diverse cross-section of inhabitants the opportunity to live within
the Borough arid giving existing inhabitants a broader range of dwelling types from which they can choose to satisfy their changing life styles and requirements. XI-2. Eligibility requirements
An application for tentative approval shall not be eligible for tentative approval unless the following initial requirements are met:
(3) (4) The proposed planned residential development shall consist of one (1) or more contiguous parcels of land under ownership purchase agreement, option to purchase, leasehold agreement,
or other similar legal agreement by a single legal entity to own and/or develop the land. The proposed planned residential development shall contain the total minimum land area specified
in Addendum B, the Schedule of Area, Yard, Height and Building Requirements. The proposed planned residential development shall be connected to public water and sanitary sewer systems.
No multi-family dwellings shall be constructed until there is such evidence that adequate fire protection is available to serve such a building. XI-3. Land use control and land use density
requirements XI-3-1 Residential Uses -The PRD shall contain at least two (2) of the residential uses listed below: a) Single family dwellings b) Duplex dwellings c) Two family dwellings
d) Townhouse dwellings e) Multi-family dwellings XI-3-2 Mix of Housint! Twes -The mix mix of residential uses and housing types shall be determined by the following: . No one type of
dwelling unit shall exceed seventy (70) percent of the total dwelling units. The general standards for mix of housing set forth in this section may be modified by the official review
agency where it is the opinion of the review agency that the findings of the site analysis justify a modification. Where proposed housing mixes deviate from the standards in this section,
the burden of proof shall be upon the developer to demonstrate the proposals are in general accord with the Borough Comprehensive Plan and that the characteristics of the PRD site and
the surrounding area justify a mix than otherwise is permitted. XI-3-3 Non-Residential Uses -Non-residential uses may be permitted to the extent that they are designed and intended to
serve the daily and convenient shopping and personal service needs of the Planned Residential Development residents and are compatible and harmoniously incorporated into the unitary
design of the Planned Residential Development. A market feasibility study to show need shall be provided by the applicant.
XI-3-4 Densitv Reuuirements -Land use density shall be regulated by the following general standards: Average gross residential density for the total PRD site shall not exceed ten (10)
dwelling units per acre in the PR and R-M Districts and shall not exceed eight (8) dwelling units per acre in the R-L District. The percentage of the site which is to be covered by the
building, roads, parking areas, and other impermeable cover shall not exceed thirty (30) percent of the total site area. The percentage of the site to be devoted to common open space
shall be no less than twenty-five (25) percent of the total site area. Common open space includes recreation areas, pedestrian use areas, steep slopes, flood plains, and easements free
of paving and structures but not including parking areas, streets, and yard areas of not less than twenty-five (25) feet around all buildings. The percentage of the site to be devoted
to non-residential uses shall not exceed five (5) percent of the total site area. XI-4. Site ana,jsis jsis and slce design standards. XI-4-1 Site Analysis. (1) Natural Features Analvsis
-A thorough analysis of the natural features of the site is required to include the following categories: -Hydrology: Analysis of natural drainage patterns and water resources including
streams, natural drainage, swales, ponds or lakes, wetlands, flood plain areas, permanent high water table areas, and seasonal high water table areas. Geology: Analysis of characteristics
of rock formations underlying the site including defining aquifers, shallow bedrock areas, and areas in which rock formations are unstable. Soils: Analysis of types of soils present
in the site areas including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils most susceptible to erosion, and soils suitable for development.
Topography: Analysis of site terrain including mapping of elevation and delineation of slope areas over twenty (20) percent,
between ten (10) and twenty (20) percent and under ten (10) percent. (e) Vegetation: Analysis of tree and plant cover, emphasizing location of woodland areas. Dominant tree and plant
species and their characteristics should be identified. (2) Communitv ImDact Analysis -In order to determine the impact of the Planned Residential Development upon the Borough, an analysis
of the potential effects of the PRD upon public facilities, utilities, and road systems is required. A comparison of the costs to the Borough versus the revenues to the municipality
shall be included in the analysis. Market analysis data estimating potential market demand for various types of housing in the PRD shall also be presented. XI-4-2 Site design requirements.
(1) Residential uses (a) The natural features of the site shall be a major factor in determining the siting of dwelling units. (b) Dwelling unit structures shall be located and sited
so as to promote pedestrian and visual access to common open space. (e) Dwelling units shall be located and arranged so as to promote privacy for residents within the PRD and maintain
privacy for residents adjacent to the PRD. (d) No structure shall be located within twenty (20) feet of the street rights-of-way. (2) Commercial uses (a) All commercial uses shall be
located with direct access to either a collector or arterial street. (b) Signs for commercial uses are permitted subject to the following restrictions: (e) A single sign for a commercial
center. Such signs shall be limited to a height of six (6) feet with a total area of thirty (30) square feet. (d) Signs for individual uses shall be permitted on the structure (except
roof signs). Signs shall be limited to the store name and shall be
no more than thirty (30) square feet. Signs may be illuminated by shielded flood lights providing such lighting is designed and located so as to direct light away from adjacent residences.
(e) (3) Common hen SDace (4) Streets The location, shape, size, and character of the common open space shall be provided in a manner consistent with the objectives set forth for PRD
in this Ordinance. Whenever possible, common open space shall be designed as a contiguous area interspaced with residential areas to provide pedestrian and visual access. Significant
natural features such as woodland areas, large trees, natural watercourses and bodies of water, rock outcropings and scenic view shall be incorporated into common open space areas whenever
possible. Development of the PRD must be planned so as to coordinate the establishment of common open space areas and the construction of dwelling units. The street system of the PRD
shall be designed so as to relate harmoniously with land uses within and adjacent to the PRD through the establishment of a hierarchy of roadway functions which includes collector and
local streets, to create a separation of automobile and pedestrian traffic through the coordinated design of streets, dwelling units, common open space areas, and pedestrian walkways,
to create efficient and safe connections with the existing road system of the Borough, and to minimize through traffic in residential areas. -The street right-of-way and cartway widths
and curbs and sidewalks shall be as specified by the Borough Engineer. The design and construction of streets must conform to the standards set forth in the Borough Subdivision Ordinance
relative to paving specifications, cartway design, horizontal and vertical alignment and sight distances.
Parking (a) Parking requirements shall be in accordance with Article X. @) Parking areas shall be arranged so as to prevent through traffic to other parking areas and shall be of a size
which prevents large, expansive parking lots. (c) Parking areas shall be landscaped. (d) The construction of off-street parking areas must be in conformance with construction standards
set forth in the Borough Subdivision Regulations. Lighting (a) All private collector streets, off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted
and all costs shall be the responsibility of the developer. Soil Erosion Control and Storm Drainage (a) Soil erosion control and storm drainage shall be specified and approved by the
Borough Engineer. Tree Conservation and Landscaping (a) Existing trees shall be preserved wherever possible. The . protection of trees six (6) inches or more in diameter (measured at
a height four and one-half (4 112) feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities, walks, and paved areas.
(b) Where extensive natural tree cover and vegetation does not exist and cannot be preserved, landscaping shall be regarded as an essential feature of the PRD. In these cases, extensive
landscaping shall be undertaken to enhance appearance, aid in erosion control, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling
units. (c) Street trees shall be provided along all arterial and collector Streets. XI-5. Other site design provisions
XI-5-1 Telephone, electric, and cable TV utilities shall be installed underground. XI-5-2 Refuse stations to serve residential, recreational, and commercial areas shall be designed with
suitable screening, and located so as to be convenient for trash removal and not offensive to nearby residential areas. XI-5-3 With the exception of standards explicitly set forth in
this PRD section of the Zoning Ordinance, site improvements shall conform to standards set forth in the Borough Subdivision Ordinance. XI-6. Ownership, maintenance and preservation of
common open space The developer shall make provisions which insure that the common open space land shall continue and be properly maintained. The developer shall provide for and establish
an organization for the ownership, maintenance, and preservation of open space which shall conform to the following standards and procedures: The organization shall be established by
the developer before the sale or rental of dwelling units. The form, financial capability, rules of membership, and methods of cost assessment of the organization shall be devised so
as to insure the successful fulfillment of the maintenance, preservation, and improvement responsibilities of the organization. The organization responsible for maintenance, preservation,
and . improvement of common open space areas shall be the sole owner of the common open space lands. In the event that the organization established to own and maintain a common open
space or any successor organization, shall at any time after establishment of the Planned Residential Development fail to maintain the common open space in reasonable order and condition
in accordance with the development plan, the Borough may serve written notice upon such organization, or upon the residents and owners of the Planned Residential Development setting
forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance
be corrected within thirty (30) days thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing the
Borough may modify the terms of the original
notice as to the deficiencies and may be given an extension of time within which
they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof are not corrected within the specified period, the Borough may take appropriate
legal action. If the Borough determines that the organization is not able to maintain the common open space in a reasonable condition, the Borough may at its discretion, maintain said
common open space and shall assess the property owners for maintenance costs. If assessed amounts are not paid within sixty (60) days, an action in assumpsit may be taken by the Borough.
Public Dedication of Common Open Space: an offer of dedication of common open space made by the developer in the development plan, before the establishment of any organization responsible
for open space areas, and accepted by the Borough shall constitute a fulfillment of responsibility for providing and maintaining common open space areas. -XI-7. Development staging.
XI-7-1 A Planned Residential Development may be developed in stages if the following standards are met: XI-7-2 The location and approximate time of construction of each stage are clearly
marked on the development plan. XI-7-3 The stages are completed consistent with the developed plan and are of such size and location that they constitute economically sound units of
development . XI-8. Procedural Requirements XI-8-1 Pre-Amlication Consultation Prior to the preparation and submission of an Application for Tentative Approval, a pre-application consultation
meeting shall be held with the Borough Planning Commission. The purpose of this informal meeting is to discuss the general intent of the landowner, to consider relationships to the Borough
Comprehensive Plan, and to outline the approval process and the specific requirements for plan preparation and submission. NO statement or representation of the Borough Planning Commission
shall be binding on the Borough. It is required that a sketch plan be submitted showing at least the following information:
(a) Tract boundaries and north point. XI-8-2 (b) Streets on and adjacent to the tract. (c) Significant natural features. (d) Proposed general street layout, general land use pattern
and general lot and building arrangement. (e) Approximate acreage. (2) The Borough Planning Commission and the Borough Engineer shall specify the required documentation for submission
for tentative plan application at this time. ADDlication for Tentative ADproval (1) The application for tentative approval shall be executed by or on behalf of the landowner and filed
with the official review agency. An initial deposit in the amount of one hundred dollars ($100.00) shall be paid upon filing of the application to be applied against the expenses of
processing the applicant and additional deposits made from time to time as requested by the official review agency, not to exceed actual expenses incurred by the Borough. (2) The application
for tentative approval shall include documentation illustrating compliance with all of the standards for PRD set forth in Sections 46 through 49 and shall constitute the development
plan for the Planned Residential Development. (3) Required docurnentation shall be as required by the Planning Commission and Borough Engineer at the Pre-Application Consultation. (a)
One (1) copy of every application for tentative approval received by the official review agency shall be promptly forwarded to the County Planning Commission for study and recommendation
as required by law. The County Planning Commission shall review and report upon the application to the official review agency within thirty (30) days of such referral. One (1) copy of
the report of the County shall be furnished to the landowner not less than five (5) days before the appointed time of the public hearing. XI-8-3 Public Hearings Borough and County reviews
and public hearings for tentative plan approval and final plan approval shall be conducted in accordance with the applicable
XIproviision of the Pennsylvania Municipalities Planning Code. *4 mlication for Final ADDrOVd An application for final approval may be for all the land included in a development plan
or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the official review agency and within the time or times specified by the official
written communication for final approval is in compliance with the tentative approval. If the application for final approval is in compliance with the tentatively approved development
plan, a public hearing need not be held. The official review agency and Borough Engineer shall specify the documentation and final plan submission requirements. XI-8-5 Guarantee of ImDrovements
Guarantee for improvements shall be submitted in accordance with the Borough Subdivision Ordinance. XI-8-6 Procedures After Amlication for Final ADDroval (I) In the event the application
for final approval has been filed, together with all drawings, specifications, and other documents in support thereof, as required by this section and the official written communication
of tentative approval, the Borough Council shall, within thirty (30) days of such filing, grant such development plan final approval. (2) In the event the development plan as submitted
contains variations from the development plan given tentative approval, the Borough Council may refuse to grant final approval and shall within thirty (30) days from the filing of the
application for final approval so advise the landowner in writing of said refusal, setting for the in said notice the reasons why one (1) or more of said variations are not in the public
interest. In the event of such refusal, the landowner may either: -(a) Refile his application for final approval without the variations objected . (b) File a written request with the
official review agency that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action, he may do so at any time within
which he shall be entitled to apply for final approval, or within thirty (30) additional days if the time for applying for final approval shall have already passed at the time when the
landowner was advised that the development plan was not in substantial compliance.
(c) In the event the landowner shall fail to take either of the above alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing
shall be held pursuant to public notice within thirty (30) days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed for
public hearings on applications for tentative approval. Within thirty (30) days after the conclusion of the hearing, the Borough Council shall, by official written communication, either
grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the
form and contain the findings required for an application for tentative approval set forth in this section. ENACTED AND ORDAINED into an Ordinance this /I day of d /d ~ ~ & * , 1998.
President of Councif Attest: Approved this //+A day of /)/bd 4'T &4 f 1998. I hereby c e r t i f y the foregoing t o be a true and accurate copy of Ordinance No. 980, adopted by Waynesboro
Borough Council onpovember 18, 1998. A Borou'gh Secretary