5203A-000-04

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BATH BOROUGH

SUBDIVISION AND WSND DEVELOPMENT ORDINUCE

Adopted: June 5, 1978

Amended: September 11, 1989

(Ordinance N o . 477) , Comprehensive Revision Adopted: April 3, 1995

open Space and Recreation Provisions (S493) Amended: April 3, 1995 (Ordinance N o . 478)

MAYOR

DONALD Lo WUNDERLER

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BOROUGH COUNCIL t 8

EMANUEL T. MIRABITO, President WILLIAM ROBERT BRYNILDSEN ERIC GORDON HOWARD JOSEPHBERG

PAUL HALDAMAN

MICHAEL REPH MARTIN YANY PAUL S I L V I U S PAUL HALDAMAN IMOGENE KRESGE GERALD DEMKO RAYMOND Fm HOUSER

i SECRETARY

CARL Lo REHRIG

SOLICITOR

BLAKE C o MARLES, ESQUIRE

ENGINEER

MONOCACY ENGINEERING

The preparation of a prior i n part through a planning grant from the Department of Corpmunity Affairs under the provisions of A c t 7A approved June 4, 1976, as administere >the, Bureau of Planning, Pemaylvania Department of Community A

The Ordinance w a s prepared by the Bath Borough Planning Commission and Bath Borough Council. It was reviewed by the staff of the Joint Planning Commission Lehigh-Northampton Counties.

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TABLE OF CONTENTS ,. . i . ,

Purpose, Authority, Title and Jurisdiction 100- Purpose 110 Authority and Title 120 Jurisdiction

Submission Procedures 200 2 10 220 230 240 250 260 270 280

General Feasibility Review Submission Feasibility Review Submission of Preliminary Plan Review of Prelidnary Plan Submission of the Final Plan Review of Final Plan Recording of the Final Plan Plans Exempted From Standard Procedures

Plan Requirements 300 Feasibility Review 310 Preliminaq Plan 320 Final Plan

Design Standards

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4 0 0 -Application 410 General Standards 420 430 Street Design Standards 440 Sanitary Sewage Disposal 450 460 Storm Drainage'Systems 470 480 Mobile Home Parks 490 Environmental protection and Open Space Preservation

Block and Lot Design Standards

Water Supply and Distribution Systems

Underground Utilities and Utility Easemen-s

e: Improvement Specifications 500 General Requirements 510 Required Improvements 520 Improvements Guarantee Procedure 530 Approval of Improvements and Release of Performance

Administration 600 Amendments 3% - 610 Appeals y.. 620 Penalties 630 Conflicts 640 Fees and Escrows 650 Variances . . 660 Severability

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. Guarantee by the Borough Council . _

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i Definitions 700 Terms 710 Other Terms or Words

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SECTION I - PURPOSE, AUTHORITP, TITLE A l b &ISDIC&Ok

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Ordinance -. is to r ‘subdivision

and land development within the Borough of Bath, Northampton County, Pennsylvania.

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111 This Ordinance is enacted pursuant t Municipalities Planning Code, 53 P. (the WPC**) and may b

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. 120 Jurisdiction.

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121 This Ordinance shall apply in the following, circus tances :

121.1 To all subdivision and land development plans first submitted after the effective date of this Ordinance.

121.2 To all subdivision and land development plans, previously approved in accordance with any law or regulation then applicable, the development of which has not been substantially completed in accordance with the terms of such approval within five (5) years of such approval.

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SECTION 11 - SUBHISSION PROCEDURES 200 General.

201 Feasibilitv Review. A feasibility review submission may be made for all subdivisions and land development proposals. Review materials shall be submitted to the BPC for discussion as to the suitability of a parcel of land for a specific subdivision or land development use and for direction or advice from the BPC. The feasibility r-eview materials shall be submitted to the ,Borough Engineer and the Joint Planning Commission for

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2'02 Preliminary Plan. Except for plans subject to the provisions of Section 280, preliminary plans shall be submitted for all subdivisions and land developments. Plans, supplementary data and fees shall be submitted to the BPC for distribution to various review bodies. All reviews shall be submitted to the BPC which shall review the plan and recommend action to the Borough Council. The Borough Council shall take action and advise the applicant in writing of their decision.

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203 Final Plan. Final plans shall be submitted for all subdivisions and land developments which have been conditionally approved or approved by the Bath Borough Council. For subdivisions and land developments subject to the provisions of Section 280, final plans shall be submitted for all proposals found by the BPC to be feasible. Plans, supplementary data and fees shall be submitted to the BPC for distribution to various review bodies. The final plan shall be submitted within one (1) year of preliminary plan approval. All reviews shall be submitted to the BPC which shall review the plan and recommend action to the Borough Council. The Borough Council shall take action on the plan and advise the applicant in writing of their decision. The applicant shall enter into improvement and maintenance agreements with the Borough Council, if improvements of a public or quasi public nature are required as a condition of plan approval. No permits shall be issued until said agreements have been executed and secured to the satisfaction of the Borough Solicitor and until the approved final plan has been recorded in the County Recorder of Deeds Office.

204 Authorized ReciDient. All applications and submissions . shall be made to the Borough Manager, or to his or her designee, utilizing the application format set forth on Appendix "C" hereto. The Borough Manager shall assure 0

SALDO 11-1

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that the BPC and Borough, Council are on noticehaof all time constraints imposed by‘the Municipalities Planning Code or by this Ordinance.

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. SALDO 11-2

210

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I & 0 pearibilitv Review Submission.

211 Feasibility review iais may be submitted A .

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for all proposed subdivisions and land d&velopments for purposes of discussion between the BPC and the developer, and for the review of the Joint Planning Commission of Lehigh-Northampton Counties.

Developers desiring feasibility review shall submit four (4) copies of all feasibility review maps and materials, as set forth in Section 300, to the BPC.

The BPC shall retain two (2) copies of feasibility review maps and materials for its review and recommendations.

The BPC shall refer one (1) copy of feasibility review maps and materials to the Borough Engineer for review and recommendations.

215 The BPC may refer one (1) copy of feasibility review maps and materials to the Joint Planning Commission for review and recommendations.

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10 Peasibilitv Review.

221 When feasibility review maps and materials have been submitted to the BPC, the data presented will-be reviewed by-that body-at its next regular meeting, provided that submission .%has occurred no less than thirty (30) days prior to such scheduled meeting.

222 The BPC shall review the feasibility review data to determine the development potential of the site as indicated by the natural features analysis presented. The general development concepts of the developer will be reviewed to determine their compatibility with the development potential of the site and with relevant plans and ordinances. Also, the feasibility review stage is designed to of fer the developer an opportunity to informally discuss his plans forthe proposed'subdivision or land development with the BPC.

223 Within sixty (60) days of submission of feasibility . . review. maps and. materials to. the. BPC, the BPC 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 fifteen (15) days after such meeting, the Secretary of the BPC shall send written notice of the BPC's recommendations to the following:

223.1 The developer or his representative;

223.2 The Borough Council;

223.3 The Joint Planning Commission of Lehigh- Northampton Counties'.

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230 Submission of the Preliminam Plan.

231 Preliminary Plans and all required supplementary data for all proposed subdivisions and land developIitents (except for minor subdivisions to be reviewed pursuant to 6280, et sea.) ,shall be submitted to the Borough Manager, or her designee.

If ~ the Preliminary Plan submission complies with Section 310 of this Ordinance, the Borough Manger shall accept the Preliminary Plan for distribution to the various review bodies. If the submission is incomplete, the Borough-; Manager shall issue-. - written- -notice - of the ii deficiencyjies) - to developer within fifteen (15) days of receipt of the plan.

submission of a Preliminary Plan by a developer shall comprise:

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or blue- ' I

of this Ordinance as se

Submission of seven (7) copies o supplemental information as Section 316;

All required fees and review deposits.

forth in Section 310;'

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234 After the submission has been certified as complete by the Borough, Manager, the developer shall remit the preliminary plan submission materials to the various review bodies, with copies of all remittances to the Borough Engineer, as follows:

234 . 1 One (1) application, two (2) plan prints and one (1) copy of the supplemental information shall be retained by the BPC;

234.2 One (1) application, one (1) plan print and one (1) copy of the supplemental information to the Borough Engineer;

234 . 3 One (1) application, two (2) plan prints and one (1) copy of the supplemental information to the Borough Council;

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One (1) plan print, one (1) copy of the relevant supplemental information to the Borough Sewage Enforcement Officer if applicable;

One (1) plan print and one (1) copy of the supplemental information to the Joint Planning Commission of Lehigh-Northampton Counties;

One (1) plan print and information relevant to sewage disposal shall be submitted to the Pennsylvania Department of Environmental Resources;

One (1) plan print and information relevant to water and sewer matters shall be referred to the Borough Authority;

One (1) plan print and one (1) copy of the supplemental information to the Northampton County Conservation District.

235 -Additional copies of the Preliminary Plan hterials shall be referred by. the developer to the respective agencies, with copies of each remittance to the Borough Engineer, i n the , following circumstances: (The applicant is ,responsible for providing the additional necessary submission materials)

235.1 Whenever the property being subdivided or developed abuts a State Legislative Route, one (1) application and one (1) plan print shall be submitted to the Pennsylvania Department of Transportation District Office;

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235.2 Whenever a proposed subdivision or land development is located adjacent to another municipality, one (1) application and one (1) plan print shall be referred to that

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240 poviw of Preliminarv Plan, .-

241 pv the Borouah Planninq.

241.1 When a complete Preliminary Plan application has been officially submitted, such plan shall be placed on the agenda of the BPC for review at its next regular monthly meeting, provided that such official submission has occurred no less than thirty (30) calendar days prior to such regular meeting. The BPC may hold a Public Hearing on the PrelMnary Plan at this time,

The BPC shall review the Preliminary Plan to determine its conformance with the standards contained in this Ordinance and other applicable municipal ordinances, and shall require or recommend- such changes and moilifications .I as it deems necessary.

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2 ction shall. be taken - by the BPC. with i ct to a PrelMnary Plan until the BPC

ceived and considered the kitten report oint Planning Commission; provided, hat I if the J o h t Planning C d s s i o n

shall' fail to report thereon within thirty (30) days after receipt of a Preliminary Plan, then the BPC may officially act without having received and considered such report.

241.4 Within sixty (60) days after submission of the PrelMnary Plan, the BPC shall recommend to the Borough Council, in writing, that the Preliminary Plan be approved, conditionally

. approved, or disapproved, together with the dochented findings upon which the

ndation is based. Any developer 's requests for waivers of specific provisions of this Ordinance shall be noted by the BPC and appropriate recommendations shall be made by Borough Council.

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242 Bv the Borouah Council.

242.1 Within ninety ( 9 0 ) days after submission of the Preliminary Plan (or such longer t h e as may be permitted pursuant to S508 of the Municipalities Planning Code), the Borough Council shall, in accordance with the provisions of relevant ordinances and considering the recommendations of the BPC,

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take action by approving, conditionally approving or disapproving the Preliminary Plan and related requests for ordinance waivers, Borough Council shall 'document the findings upon which those actions are based, in writing, to:

The developer or his designated representative;

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24201.2 The BPC;

242.1.3 The BoroughFEngineer;

The Boroug t - Sewage Enforcement Officer;'

If the action of Borough Council requires substantial plan changes in order for a final approval to be -&granted, Borough Council may require developer to submit his/her plan with

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as a I'new" appl 1 m y , in its discretion, deem a' r

plan abandoned and it without further action$ if%-, 'a substantial changes . is. resubmitted

:.-within * Council action.

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0 250 Submi ssion of the Final Plan.

251 Within twelve (12) months ‘after approval of the Preliminary Plan for any subdivision or land development (except those minor subdivisions to be reviewed under Section 280 hereof), a Final Subdivision or Land Development Plan and all required supplemental data shall be submitted to the BPC. An extension of time may be granted by Borough Council upon written request. Otherwise, the plan submitted may be considered as a new Preliminary Plan.

The Final. Plan shall conform in- all- significant respects to the Preliminary Plan as previously reviewed by the BPC and approved by the Borough Council and shall incorporate all modifications required by the Borough Council in its Preliminary Plan approval. The BPC may, however, accept a.Final Plan 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

na.ry Plan rev

253 nal Plan may ed in sections or stages, ach covering a reasonable portion of the entire proposed &division as shown on the reviewed Preliminary Plan, in

accordance with the regulations-set forth in Section 32 he case of the Final Subdivision or Land Developme n which, is to be submitted in sections or stages over riod of years, no less than twenty-five percent (25%)

of the gross number of acres or total number of lots, ’

whichever is greater, shall be submitted as a single section or stage, unless it represents the final section or stage .

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254 Final Plans and all required supplementary data set forth in Section 320 for all proposed subdivisions and land developments shall be submitted to the Borough Manager for transmittal to the BPC.

Official submission of a Final Plan by a developer shall comprise :

255.1 Three ( 3 ) copies of a completed ARDl-iCatiOq for Review of Final Subdivision Plan;

255.2 Submission of ten (10) black-on-white or blue- on-white prints on paper of the Final Plan which shall comply with the provisions of this Ordinance, as set forth in Section 320;

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255 3 Submission of seven (7) copies of all required supplemental information, as set forth in Section 320;

I 255.4 All required fees and review deposits,

256 After the submission has been certified as complete by the Borough Manager, the developer shall remit the Final Plan submission materials to the various review bodies, with copies of all remittances to the Borough Engineer, as follows:

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One (1) ,application, twofjr(2) plan prints and one (1) :‘copy of the suppgemental information shall be retained by the PPC;

One (1) application, one (1) plan print and one (1) copy of the supplemental information to the Borough Engineer;

One (1) application, two (2) plan prints and one (1) copy of the supplemental information to the Borough Council;

One (1) application and one (1) copy of the supplemental information the Borough Sewage Enf orcembnt Officer , if -&. One (1) application and one (1) copy of the supplemental information to the Borough Solicitor;

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One (1) plan print and one (1) copy of the supplemental information to the Joint Planning Commission of Lehigh-Northampton Counties;

One (1) plan print and information relevant to water and sewer matters shall be referred to the Borough Authority;

One (1) plan print and one (1) copy of the supplemental information to the Northampton County Conservation District,

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257 Additional copies of the Preliminary Planmaterials shall be referred by the developer to the respective agencies, with copies of each remittance to the Borough Engineer, in the following circumstances: (The applicant is responsible for providing the additional necessary submission materials)

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257 1 * Whenever the property being subdivided or developed abuts a State Legislative Route and the plan differs from plans previously submitted to PennDOT with reference to access points', 'proposed external road improvements or traffic impact, one (1) application and one (1) "plan print shall be submitted to the Pennsylvania Department of Transportation

257.2 Whenever a subdivision or land development requires a soil erosion and sedimentation control'pedt, as described in Section 491.5 of this Ordinance, -one (1) application, one (1) plan print and one (1) copy of supplemental information shall be submitted to the County Conservation District;

~ District Office;

257 3 Whenever a proposed subdivision or land development is located adjacent to another municipality, one (1) application and one (1) plan print shall be referred to that municipality.

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260 Revfew of Final Plan.

261 Bv the BPC.

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. . When a F,nal Plan has been officially submitted, such plan shall be placed on the agenda of the BPC for review at its next regular monthly meeting, provided that such official submission has occurred no less than thirty (30) calendar days prior to such regular meeting. The BPC may hold a Public Hearing on the Final Plan at this time.

The BPC shall review the Final Plan to determine its conformance with the standards contained in this Ordinance and other applicable municipal ordinances, and shall require or recommend such changes and modifications as it deems necessary.

No action shall be taken by the BPC with respect to a Final Plan until the BPC has received and considered the written report of the Joint Planning Commission or until thirty (30) days have passed from the date that the plans were forwarded to the JPC.

Within sixty (60) days after submission of the Final Plan, the BPC shall recommend to the Borough Council, in writing, that the Final Plan be approved, conditionally approved or disapproved, together with the documented findings upon which the recommendation is based. Additionally, any developer requests for waivers of specific provisions of this Ordinance shall be noted by the BPCl and appropriate recommendations shall be made to Borough Council. Copies of these recommendations shall be forwarded to the applicant. All favorable actions of the BPC shall be noted, together with the date of action and signatures of its Chairman and Secretary on the Record Plan.

262 Bv the Borouah Council.

262.1 Within ninety (90) days after submission of the Final Plan (or such longer time as may be permitted pursuant to S508 of the Municipalities Planning Code) , the Borough Council shall, in accordance with the provisions of relevant ordinances and

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considering the recommendations 'of 'the- 'BPC, take action by approving, conditionally approving or disapproving the Final Plaa and related requests for waivers oflL specific provisions of this Ordinance. Borough Council shall document the findings upon which that action is based, in writing, to:

262.1.1 The developer, or to his

262.102 The BPC;

designated representative;

262.1.3 The Borough Engineer;

262.1.4 The Borough Sewage Enforcement Officer;

262.1.5 The Joint Planning Commission of Lehigh-Northampton Counties.

Any favorable action of the Borough Council shall be noted, together with the date of action and signatures of its President and Secretary on the Record Plan.

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Recordins of the Fina l Plan.

271 After completion of the procedures set forth in Section 520 and after the Final Plan is approved by the BPC and the Borough Council without conditions, seven (7) copies of the Final Plan shall be endorsed by,the Borough Council. The signature of the JPC shall also be placed on the plans indicating JPC review of the plans.

272 The Final Plan shall be a clear and legible print of a type and material required by the County Recorder of Deeds

273 After endorsement by the BPC, the Borough Council and the Joint Planning Commission, and after developer has met all conditions of Final Plan approval, the Borough Engineer or his/her designee shall file the Final Plan with the County Recorder of Deeds. If the developer fails to meet all conditons precedent to the recording of the Final Plan within ninety (90) days of the date of -Final. Plan -approval. by -Borough-Council, the action of the Borough Council shall be null and void, unless an extension of time is granted "in -writing by Borough Councilcupon written request by the developer.

At the time the Final Plan is endorsed by the Borough authorities, the Borough Manager shall receive one (1) reproducible print of the Final Plan approved for the permanent files of the Borough. The reproducible print for the Borough shall be of a Mylar or Kronar type permanent base material.

275 At the time the Final Plan is recorded, the Joint Planning Commission shall receive one (1) endorsed black- on-white or blue-on-white print of the Final Plan as approved by the Borough Council.

Upon recording of the plat, the receipt from the Recorder of Deeds Office for said plat shall be maintained by the Borough Manager, and the Borough Manager shall remit a copy of the Recorder's receipt to the BPC for its files.

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Plans Exempted From Standard Procedures.

281 In the case of a,ny proposed residential subdivision which -not (since 1978), and is not reasonably )' involve more than a total of three (3) 'not involve the provision of any new t' for access, or the construction of l b e s (i.e. , one in which all proposed frontage on an existing public street),

the following procedure shall be followed:

281.1 The plicant may p are and submit a feasibility review plan in accordance with the

ments of Section 300 of this' Ordinance.

281.2 sibility review shall be processed according to the provisions of Sections 210

of this Ordinance.

ne. (1). year* of the completion of any ility review. by the BPC, the applicant

a final Plan in accordance with uirements of Section 320 of this

,An extension of time may be the Borough Council upon written

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o the provisions of Sections 250

281.5 If the plan reviews final approval, the provisions of Section 270 shall apply.

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SECTION I11 - PLAN REQUIREMENTS

300 Feasibilitv Review.

301 Before submission of the Preliminary P,an by the developer, certain maps and materials may be submitted by the\developer to the Borough for a feasibility review. This material will enable the Borough to determine the potential of the proposed subdivision or land development tract'' for development and the general feasibility of the developer's plans for the tract. If a feasibility review is desired by Developer, Developer's submission shall include the following maps and materials:

301.1 A key map, for the purpose of locating the property being subdivided, drawn at a scale not smaller than one (1) inch equals one thousand (1,000) feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all

' streets, roads, zoning districts and municipal boundaries existing within two thousand (2,000) feet of any part of the property. The key map may be based on USGS quad sheet maps.

301.2 A map illustrating an analysis of natural drainage patterns and water resources within the proposed subdivision tract, including delineation of streams, natural drainage swales, ponds and lakes, wetlands, flood plains subject to a one hundred (100) year flood frequency, and permanent and seasonal high water table areas. The map shall be based on USGS quad sheets, County Soil Survey Maps, and the flood boundary and floodway map from the Bath Borough Flood Insurance Study where applicable.

301.3 A map illustrating an analysis of types of soils present within the proposed subdivision tract. The map should include delineation of prime agricultural soil areas, soils with shallow depth to bedrock, soils most susceptible to erosion, soils most suitable for on-lot sewage disposal. The map shall be based on the County Soil Survey.

301.4 A topographic map of the site based on USGS quad sheets.

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A map delineating additional significant physical features within the proposed subdivision tract, such as wood1 large trees, rock out-croppings ' views. The map shall be based on USGS quad sheets and on-site survey work.

Where feasible and legible, involved in Sections 301.1 thr be illustrated on one or a c composite maps. The combined natural characteristics upon potential, of the tract. shall. be. cleaily- illustrated on the map or maps.

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A letter of intent and 'a sketch proposed subdivision or land development at a scale of one (1) inch equals one hundred (100) feet explaining and illustrating the developer's general development concepts for the tract. The type -of development, density of development, form of ownership, circulation patterns and means of providing major utility service should be explained and illustrated. The sketch may be based on deed and tax map information. Where possible, the information required by Sections 301.2 to 301.6 should be shown on the sketch. 0

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310 Preliminam Plan. I

311 The Preliminary Plan of a proposed subdivision shall be clearly and legibly drawn to a scale not smaller than one (1) inch equals one hundred (100) feet.

312 The original drawing and all submitted prints shall be made on sheets of one of the following sets of dimensions:

312.1 Eighteen (18) inches by twenty-four (24) inches;

312.2 Twenty-four (24) inches by thirty-six (36) inches.

313 If the Preliminary Plan requires more than one sheet, a key diagram illustrating relative location of the several sections shall be drawn on each sheet.

314 The Preliminary Plan shall indicate the following data:

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Name, address and phone of record owner;

Name, address and phone of developer, if different from owner;

Name of proposed subdivision;

Name of the municipality or municipalities within which subdivision is proposed;

Names of all adjoining subdivisions, if any, and the names of owners of all adjacent unplotted land within two hundred (200) feet of the subject tract, referencing the deed, book and page numbers where the most recent conveyances of abutting tracts are recordedc and referencing the tax map, block and lot number for each;

Name, address, phone number, license number, and seal of registered engineer or surveyor responsibie for the survey or subdivision plan and a certification of the accuracy of the survey or subdivision plan by the engineer or surveyor;

North point, graphic scale, written scale, and date including the month, day and year that the original drawing was completed, the month, day and year that the original drawing was

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revised, and a brief description of each revision;

A key map, for the purpose of locating the property being subdivided, drawn at a scale not smaller than one (1) inch equals one thousand (1,000) feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all streets, roads, zoning districts and municipal boundaries within two hundred (200) feet of any part of the property;

Total tract boundaries of the property being subdivided, showing bearings and distances, and a statement of total acreage of the property;

Tax map sheet, block and lot numbers within the proposed subdivision tract obtained from the county tax assessor's office;

The zoning district or districts within which the proposed subdivision is located;

All existing buildings or other structures within two hundred (200) feet of the proposed subdivision tract;

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9 All existing streets, including streets of record (recorded but not constructed) I on or within two hundred (200) feet of the tract, including names, right-of-way widths, pavement widths and approximate grades;

All existing sanitary and storm sewer lines, water lines, fire hydrants, utility transmission lines, culverts, bridges, railroads or other man-made features within the proposed subdivision tract and within two hundred (200) feet of the boundaries of the proposed subdivision tract;

Location, width and purpose of existing easements and utility pipe and electric rights-of-way within two hundred (200) feet of the proposed subdivision tract;

Contour lines at vertical intervals of not more than two (2) feet for land with average natural slope of ten percent (10%) or less, and at intervals of not more than five (5) 0

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feet for land with average natural slope exceeding ten percent (10%). Location and elevation of the date to which contour elevations refer shall be the closed United States Geologic Survey established benchmark.

The full plan of proposed development, including:

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Location, width and approximate dimensions of all streets and rights-of-way, with a Statement of any conditions governing their use;

Suggested street names;

Proposed and existing utility easement widths, purposes and locations;

Building setback lines along each public street;

Lot'lines with approximate dimensions;

A statement of the intended use of all non- residential lots and parcels;

Lot numbers, a statement of tota l number of lots and parcels and the net lot size in square feet or acres for each lot;

Sanitary and/or storm sewers (and other drainage facilities), with the location, size and material of each indicated, any proposed connections with existing facilities and appropriate profile data;

Parks, playgrounds, roadways and other areas dedicated or reserved for public or common use, with approximate land areas for each; and

Copies of the proposed deed restrictions and protective and restrictive covenants.

316 The Preliminary Plan shall be accompanied by the following supplementary data, unless the BPC has determined that the submission of such data is not necessary:

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Final profiles, typical cross-sections and specifications for proposed street, sanitary sewer, water system improvements and storm drainage in accordance to the design standards of Sections 430, 440, 450 and 460 respectively;

A completed planning module for land development including soil and representative percolation tests, where applicable, and all additional information necessary for the Borough Council to make a decision to revise or supplement the Official Plan for sewage facilities;

A storm drainage plan for the proposed subdivision tract which conforms to design requirements for storm drainage set forth in Section 460;

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A plan for minimizing erosion and sedimentation in accordance with the Erosion and Sediment Control Standards set forth in Section 491;

A landscape plan, where applicable, according to the standards set forth in Section 492.3, Tree' Preservation and Planting;

A plan for providing utility service according to the standards set forth in Section 470 and applicable state and federal regulations;

In the case of subdivision or land development plans to be developed in stages or sections over a period of time, a map delineating each stage or section of the proposed subdivision or land development consecutively numbered so as to illustrate phasing of development, showing what roads and utilities are needed to support each stage or section, and a schedule indicating the approximate time for which application for final approval of each stage or section are intended to be filed;

Final designs of any bridges or culverts which may be required. Such designs shall meet all applicable requirements of the Pennsylvania Department of Environmental Resources - Division of Dams and Encroachment and/or the Pennsylvania Department of Transportation;

SALDO 111-6

316.9 A map illustrating the entire contiguous holdings of the landowner indicating the area or scope of ultimate proposed subdivision and delineating the area which the Preliminary Plan encompasses; and

A sketch map of the proposed road system for the remainder of the area not included in the Preliminary Plan

316.10

. . .

SALDO 111-7

320 Final Plan.

0 i 1

I i /

I 321 The final plans shall conform to the standards and data requireinents set forth for Preliminary Plans in Sections 311 through 315 of this Ordinance.

It-shall not be necessary to resubmit supporting maps and data-'submitted with the Preliminary Plan, as set forth in Section 316 of this Ordinance, provided that no change has occurred.

322

323 The following additional data shall be illustrated on the Final Plan:

323 . 1 The latest source of title to the land as shown by the deed, page number and book of the County Recorder of Deeds;

323.2 The total tract boundary lines of the area being subdivided with accurate distances to hundredths of a foot and bearings to fifteen (15) seconds. These boundaries shall be determined by accurate survey in the field, to an error of closure not to exceed one (1) foot in ten thousand (10,000) .feet. The tract boundary shall be subsequently closed and balanced. The boundary(ies) adjoining additional unplatted land of the subdivider (for example, between separately-submitted Final Plan sections), however, are not required to be based upon field survey, and may be calculated. The location and elevation, if known, of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided. In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plan, and the placement of the monuments;

t

323 . 3 All lot lines shall be dimensioned as follows:

323.3.1 Straight lines shall be dimensioned with bearings and length in feet.

323.3.2 Curves shall designate arc length, radius, internal angle, and chord by bearing and length. If a table is used to designate curve data, the curve on the plan shall be

SALDO 111-8

labeled with a minimum arc length and radius.

323.4

323.5

323.6

323.7

323.8

323.9 . .

323 . 10 323.11

323.12

The proposed building setback or the proposed placement of each building;

All easements or rights-of-way where provided for or owned by public services, the proposed uses thereof, and any limitations on such easements or rights-of-way. Rights-of-way shall be shown and accurately identified on the.plan. Easements shall either be shown or specifically described on the plan. Easements should be located in cooperation with the appropriate public utilities;

Such private deed restrictions as may be imposed upon the property as a condition to sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided;

If the subdivision proposes a new access point to a state Legislative Route, the feasibility report from PennDOT for the Highway Occupancy Permit shall be attached;

A certification of ownership, whether equitable or in fee, acknowledgement of plan and offer of dedication shall be lettered on the plan, and shall be duly acknowledged and signed by the owner of the property and notarized;

A signature block for certification of approval of the plan by the BPC and the Borough Council;

A signature block for certification of review of the plan by the Joint Planning Codssion;

Space shall be left along with lower edge of the sheet, adequate to permit the County Recorder of Deeds to acknowledge receipt and recording of the plan when it is presented;

If the Final Plan requires more than one (1) sheet, a key diagram showing the relative location of the several sections shall be drawn on each sheet; and

.. .

SALDO 111-9

: ,. :-: ' ..: . .. .

P

--* .

323.13 Each page of the final plan submission shall be independently certified as true, correct and accurate by the preparer. 0

324 The Final Plan shall be accompanied by the following:

.324 . 1

1 % . I ..

. . . .

... . .

324.2

324 3.

324.4

324.5

324.6

Plans showing:

324.1.1 Location, size, types, grades, slopes and invert elevation of all sanitary sewer, water distribution and storm drainage systems, and the location of all manholes, inlets and culverts;

324.1.2 Final profiles, cross-sections, clear sight triangles and specifications for proposed streets, sanitary sewers, water distribution systems and storm drainage systems shall each be shown on one or more separate "plan and profile" sheets .

Documentation from the Sewage Enforcement Officer that each lot has been tested and^- found acceptable for on-lot sewage systems (where applicable).

A copy of the Department of Environmental Resources acceptance or approval of the planning module.

a

A copy of an agreement document with the Bath Borough Authority which is to provide the water supply for the public water supply system (where applicable).

A completed and executed copy of the Subdivision Improvement Agreement as agreed upon by the developer and the Borough Council.

A performance guarantee in the amount of one hundred ten percent (110%) of the estimated cost of all required improvements, as set forth in Section 520, as approved by the Borough Engineer in a form and with surety approved by the Borough Solicitor, guaranteeing the construction and installation of all such improvements within a stated period which shall not be longer than three (3) years from the date of Final Subdivision

0 SALDO 111-10

.. Approval. Where the Final Plan is submitted in stages or sections, the amount of the guarantee may also be provided in stages if acceptable to the Borough Council.

A- Sintenance guarantee in an amount of not less than’fifteen percent (15%) of the Borough

cil‘s estimate of the cost of all required ovements as set forth in Section 520.

This guarantee assures that the developer shall macntain all such hnproyements in good condition for a period of eighteen (18) months after completion of construction and installation of all such improvements by the Borough Council.

In the case of a subdivision or land development proposed to be developed in stages or sections over a period of years, Final Plan requirements as listed in Section 321 through 324 shall apply only to the stage or section for -which Fi-nal-Approval- is -being .sought .-< However, .the Final Plan presented for the stage or section must be considered as it relates to information presented for the entire subdivision or land development in the application for Preliminary Approval.

324.7

325

SALDO 111-11

SECTION IV - DESIGN STANDARDS

400 A m l i c a t i o n .

401 The design 8 dards and requirepqnts outlined in this section"& will be utilized by": the.',BPC and the Borough council in dete'ridining. the of all plans for

- t L 402 and carried out in . I L - t. . conforniance with all Borough, state, federal and other

' and regulations o

or regulations impose more restrictiv quirements than those contained herein, such other ordinances and regulations shall be observed.

pments

I > ,

SALDO IV-1

I rr-. - - F . . ~ _..._

410 General Standards.

411 Land shall be suited to the purpose for which it is to be subdivided. Land with unsafe or hazardous conditions such as open quarries, unconsolidated fill, steep slopes or flood prone areas shall not be subdivided unless the subdivision plan provides for adequate safeguards which are approved by the BPC and the Borough Council.

0

412 Consideration shall be given to applicable provisions of thercurrent Borough Comprehensive Plan and the JPC's Comrxehensive Plan for Lehiuh and Northampton Counties, emphasizing future school sites, recreation sites, water supply and sewage treatment systems, highway alignments and other public facilities. However, consideration must be given to the need for the facilities and utilities mentioned above whether or not they are proposed as part of a comprehensive plan.

413 The development of the proposed subdivision shall be coordinated with adjacent existing development so that the area, as a whole, may develop harmoniously.

9

SALDO IV-2

___.. . -. . .

420

. .

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Block and L o t Desisn Standards.

421 Block Lavout. - 4

:-- 4210 1 The-length, width and shape of blocks shall be determined with due regard to:

421.1.1 Provisions of adequate sites for r,

buildings of the type proposed; , .

421.1.2 Borough zoning requirements; . %

I .

I .

I . .. ., . i ' . . . 421.1.3. . s. Topograpiij. ;

421.1.4 uirements for safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with arterial streets.

. :. 422

422.1 Residential blocks shall ordinarily be no less than five hundred (500) feet in length and no more than one thousand eight hundred (1,800) feet in length (see Section '437 regarding special conditions for cul-de-sac streets)..

422.2 In the design of blocks longer than one thousand (1,000) feet, special consideration shall be given to the requirements of satisfactory fire protection, including the necessity of providing additional fire hydrants . Where not precluded by pre-existing conditions on or adjacent to the premises under review, blocks along arterial and collector streets shall not be less than one thousand (1,000) feet long.

422.3

423 Block Depth.

423.1 Single family residential blocks shall be of sufficient depth to accormnodate two (2) tiers of lots, except:

423.1.1 Where reverse frontage lots are required (see Section 426.3);

0

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. .

. . . ... . ..._. :: i.

SALDO IV-3

P

423.1.2 Where prevented by the size, topographical conditions or other inherent conditions of property, in which case the BPC and the Borough Council may approve a single tier of lots. For purposes of this paragraph, the existence of pre-existing streets shall not be used as a basis for defeating the requirement of double tiering lots .

424 Commercial and Industrial Blocks.

424.1 Blocks in commercial, industrial and multi- family uses may vary from the elements of design detailed above if required by the nature of the use. In all cases, however, adequate provision shall be made for traffic and pedestrian circulation, off-street parking 'and loading areas.

425 General Lot Desicrn Standards.

425.1 Within the requirements of the Borough Zoning Ordinance, the size, shape and orientation of lots shall be appropriate for the type of development and use contemplated.

425.2 Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved.street lines.

425 . 3 Where feasible, lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.

425.4 Generally, the depth of residential lots shall be not less than one (1) nor more than three (3) times their width.

Depth and width of parcels intended for non- residential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, loading and unloading, setbacks and landscaping.

425 . 5

SALDO IV-4

t,

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4

425.6 If, after subdividing, there exists remnants of land, they shall be either:

425.6.1 Incorporated in existing or proposed lots; or

425.6.2 Legally dedicated to public use, if accepted by the Borough.

426 Lot Frodtaue.

426.1

426.2

426 . 3

426.4

All lots shall have direct access to an existing or proposed public street or- to a private street if it meets the Street Design Requirements of this Ordinance.

Double or reverse frontage lots shall be required to provide separation of residential development from arterial streets and may be required to overcome specific disadvantages of topography or other natural features of the proposed subdivision tract.

All residential reverse frontage lots shall have a rear yard with a minimum depth of seventy-five (75) feet, measured along the shortest distance from the proposed dwelling unit to the ultimate right-of-way and shall, within such rear yard and immediately adjacent to the right-of-way, have a planting screen easement of at least ten (10) feet in width, across which there shall be no right of access .

0 .

No new residential lots shall be created w i t h frontage only on an alley.

427 Lo t Access.

427 1 Except as determined by PennDOT, residential lots shall not have direct access to an

- arterial street. Where direct access to an arterial street cannot be avoided, due to pre- existing conditions precluding development in any other manner, adequate turnaround space shall be provided within the lot behind the right-of-way line.

427.2 Where access is permitted to a state road or highway, authorization from the Pennsylvania Department of Transportation must be proven by the display of a valid highway occupancy

SALDO IV-5

,;- ,.... , ..._ -. ..L .-.. .. m%m=Pf?

.

427.3

127.4 .

..

- - -

427.5

permit. Driveways to single family residences shall intersect streets at angles of no less than sixty (60) degrees. All other driveways or access roads shall intersect streets at right angles, where practicable, and in no case less than seventy-five (75) degrees.

Widths of access roads or driveways shall be in accordance with the following standards:

42703.1 On site access road f o r multi- family residential mobile home parks and all non-residential subdivisions shall be no less than twenty-four (24) feet in width,

: shall not exceed thirty (30) feet in width at the street line, and shall be clearly defined by use of curbing for a distance of at least thirty (30) feet in each direction

I , . . 'I -. ---'-from- any intersection.

427.302 *Driveways for single family residential subdivisions shall be _ -

no less than ten (10) feet in width but shall not exceed twenty (20) feet in width at the street line.

To provide safe and convenient ingress and egress, access road and driveway entrances shall be rounded at the following minimum zadii:

427.4-1 Access road entrances for multi- family residential developments, mobile home parks and all non- residential subdivisions shall be rounded at a minimum radius of ten (10) feet;

427.4.2 Driveway entrances for single- family residential subdivisions

radius of five (5) feet.

a

shall be rounded at a minimum 4

Access road grades or driveway grades shall not exceed the following grades within fifty (50) feet of intersection with the street:

427-5.1 Seven percent (7%) when access is to an arterial street;

SAL00 IV-6

427.6

c 42’7.5.2 Ten percent (10%) when access is to a collector or local street;

42705.3 In determining the appropriate . grades for access streets, it is

intended that this paragraph and paragraph 434.3 will be read together, such that bath requirements apply.

The centerline of an access road or driveway at the point of access to a street shall not be located closer to the commencement of a curb radius of a street intersection than tbe Zollowing distances:

427.6.1 Fifty (50) feet for single-family residential units.

427.6.2 For multi-family residential developments, mobile home parks and all non-residential subdivisions:

427 . 6.2.1 One hundred fifty (150) feet if either street 3s an arterial street; 0

427.6.2 . 2 One hundred (100) feet if either street is a collector street;

427.6 -2.3 Fifty (50) feet if both streets are. local streets .

(portions of S427.6 . 2 were renumbered ’ pursuant to Ord inance 1997-510, duly

adopted January 7, 1997.)

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SALDO Iv-7

430 Street Desicrn Standards.

431 General Reauirements.

431.1

431.2

431.3

431.4

431.5

431.6

431.7

Proposed streets shall be properly related to the road and highway plans of the state, county and Bor6ugh. Streets shall be designed to provide adequate vehicular access to all lots or parcels and with regard for topographic conditions, projected volumes of traffic and further subdivision possibilities in the area.

The street system of a proposed subdivision or land development shall be designed to create a hierarchy of street functions which includes collector and local streets.

The street system of a proposed subdivision or land development shall be designed so as to

vwminbize street intersections and pedestrian- vehicular conflict points.

Proposed local streets shall be designed so as to discourage through traffic and excessive speeds. However, the developer shall give adequate consideration to provision for the extension and continuation of arterial and collector streets into and from adjoining properties.

Where, in the opinion of the Borough, it is desirable to provide for street access to adjoining property, streets shall be extended by dedication to the boundary of such property. Distances between access points to adjoining property shall be based on Block Length Standards set forth in Section 422.

Where a subdivision abuts an existing street of improper width or alignment, the Borough may require the dedication of land sufficient to widen the street or correct the alignment.

Where a subdivision abuts or contains an existing or proposed arterial traffic street, the Borough may require marginal access streets, reverse frontage lots, or other such treatment as will provide protection for abutting properties, reduction in the number of intersections with the arterial street, and separation of local and through traffic.

SALDO IV-8

431.8 Private streets (streets not to be offered for dedication) shall be approved by the Borough only if they meet the street design and improvement standards set forth in this Ordinance.

431.9 If the lots in the development- are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access and street openings for such an eventuality shall be provided.

431.10 When a development abuts a street designated by the Borough as collector or arterial, the street shall be upgraded by developer as required to comply with the design and construction requirements of the Borough.

432 Street Riqht-of-Wav and Cartwav Widths.

432 1 Street right-of -way and cartway widths in proposed subdivisions shall conform to the standards as follows:

-

c'

Classification of Streets

h Right-of-way Width

Pavement Width

Traffic Lane Width

Parking Lane Width

Sidewalk Width

," e .3. Street Desian Standards =

Local Collector Arterial

50 ' 50 ' 80 '

34 ' 36 ' 4 8 '

10 ' - 12' 9'

8 '

4 '

(when required)

(when required)

Curbing vertical curb, rolled curb and gutter, or grassed drainage swale with no curbing, as determined by the Borough after consultation with its engineer.

432.2 The general standards set forth in Section 432.1 may be modified by the BPC upon the recommendation of the Borough Engineer or PennDOT when an analysis of proposed development densities, provisions for off- street parking, and projected traffic volumes indicate a need for such modification,

SALDO IV-9

433

utilizing the review criteria set forth in Section 512.1 of the MPC. The burden of proof shall be upon the developer to justify the adequacy of rights-of-way or cartway widths which are less than those set forth in Section 432.1.

Horizontal Curves.

433.1 Whenever street centerlines are deflected more than five (5) degrees within five hundred (500) feet, connection shall be made by horizontal curves.

433 . 2 Horizontal curves shall be designed to produce the following minimum sight distances:

433.2.1 Local streets - one hundred fifty (150) feet;

433.2.2 Collector streets - three hundred (300) feet;

433.2.3 Arterial streets - six hundred (600) feet.

433.3 A minimum tangent of fifty (50) feet shall be required between reverse curves on a street, and between a curve and a street intersection where one of the intersecting streets is a collector or an arterial street.

434 Street Grades.

434.1 There shall be a minimum centerline grade on all streets of two percent (2%).

434.2 Unless approval is obtained from the Borough upon recommendation from the Borough Engineer, centerline grades shall not exceed the following:

434.2.1 Local streets - twelve percent

43482.2 Collector streets - eight percent

434.283 Arterial streets - six percent

(12%):

( 8 % ) ;

( 6 % )

._. . .....-.._ . _ . _ . .

SALDO IV-10

434.3

..- -

. :, -.-__ .. ".

Intersections shall be approached on all sides by leveling areas. Such leveling areas shall have a minimum length of seventy-five (75) feet (measured from the edge of the intersecting cartway, within which no grade shall exceed a maximum of four percent (4%). In determining the appropriate grades for access roads, it is intended that this paragraph and paragraph 427.5 will be read together, such that both requirements apply.

435 V e r t i c a l C u r v e s :

435.1 Vertical curves shall be used in changes of grade exceeding one percent (1%).

435.2 Vertical curves shall be designed to meet minimum sight distances according to the more stringent of standards set forth by the American Society of State Highway Officials or those adopted by PennDOT. In no case shall the'minimum sight distance be less than two hundred (200) feet.

i * L , ! 436 Street Intersections.

436.1

<, . i .

436.2

436.3

Streets shall intersect at right angles whenever practicable. When local streets intersect collector or arterial streets, the angle of intersection at the street centerlines shall in no case be less than seventy-five (75) degrees. No two (2) streets shall intersect with an angle of intersection at the centerlines of less than sixty (60) degrees .

I, -

Multiple intersections involving the junction of more than two (2) streets shall be- prohibited.

Two (2) streets intersecting a third street from opposite sides on or abutting land to be developed or subdivided shall either intersect with a common centerline or their centerlines shall be offset according to the following distances:

436.3.1 The two ( 2 ) streets shall be separated by a distance of one hundred fifty (150) feet between centerlines measured along the centerline of the street being

0 SALDO IV-11

436.4

436.5

436.6

intersected when all three (3) streets involved are local streets;

436.3.2 The two (2) streets shall be separated by a distance of three hundred (300) feet between centerlines measured along the centerline of the street being intersected when one or more of the streets involved is a collector street;

436.3.3 The two (2) streets shall be separated by a distance of five hundred (500) feet between centerlines measured along the centerline of the htreet being intersected when one or more of the streets involved is an arterial street.

Street curb intersections shall be rounded by a tangential arc with a minimum radius of:

436.4.1 Twenty (20) feet for intersections involving only local streets;

436.4.2 Thirty (30) feet for all intersections involving a collector street;

436.4 . 3 Forty (40) feet for all intersections involving an arterial street.

Street right-of-way lines shall be parallel to - (or concentric with) curb arcs at

intersections.

Clear sight triangles shall be provided at all street intersections. Within such triangles, no object greater than two and one-half (24) feet in height above the plane of the centerline of the intersecting streets, and no other object that would obscure the vision of the motorist, shall be permitted. Such triangles shall be established from a distance of:

SALDO IV-12

436.6.1 Seventy-five (75) feet from the point of intersection of the centerlines of two (2) streets where both are local streets;

0

I

436.6.2 One hundred (100) feet from the point of intersection of the centerlines of two (2) streets where one is a collector street;

436.6.3 One hundred fifty (150) feet from the point of intersection of the centerlines of two (2) streets . where one is an arterial street.

436.7 Wherever a portion of the line of such triangles occurs within the proposed building setback line, such portion shall be shown on the Final Plan of the subdivision, and shall be considered a building setback line.

437 Cul-de-sacs.

437.1 . Dead-end streets are prohibited unless designed as cul-de-sac streets or designed for future access to adjoining properties.

-1 c .,. .. . 437.2 Any dead-end street which is constructed for . _ \ . I . future access to an adjoining property or

because of authorized stage development, and which is open to traffic and exceeds t w o hundred (200) feet in length, shall be provided with a temporary, all-weather turning circle . The turning circle shall be completely within the boundaries of the subdivision and the use of the turnaround shall be guaranteed to the public until such t h e as the street is extended.

Cul-de-sac streets, permanently designed as such, shall not exceed one thousand (1,000) feet in length and shall not furnish access to more than twenty-five (25) dwelling units. In the case of industrial parks, a cul-de-sac shall not furnish access to more than one hundred (100) employees. Exemptions f rosn these requirements may be granted where necessary due to unique characteristics of the site.

437.3

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SALDO SV-13

\ 437.4

.. ...-._ .

437.5

All cul-de-sac streets, whether permanently or temporarily designed as SUCh, shall be provided at the closed end with a fully-paved turning circle, The turning circle may be offset to the left, but turnarounds offset to the right shall be prohibited.

437.401 The minimum radius to the pavement edge or curb face of any cul-de- sac shall be fifty (50) feet, and the minimum radius of the right- of-way line shall be sixty (60) feet .

The centerline grade on a local cul-de-sac street shall not exceed twelve percent (l2%), and the grade of the diameter of the turnaround shall not exceed five percent (5%).

438 Street Names and Street Siuns.

438.1 Proposed streets which are in alignment with others already existing and named shall bear the name of the existing streets.

438.2 In no other case shall the name of a proposed street duplicate an existing street name in the Borough or in the postal district, irrespective of the use of the suffix street, road, avenue, boulevard, driveway, place, court, lane, etc.

438.3 All street names shall be subject to the approval of the Borough Council.

438.4 Street signs shall be provided at all street intersections. The type, height and design shall be approved by the Borough Council, and shall conform to PennDOT specifications, where applicable.

SALDO IV-14

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440 i b

0

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Sanitarv Sewacre Disposal.

441 The developer shall provide sanitary sewage disposal consistent with the Borough's official plan for sewage facilities prepared in accordance with the Pennsylvania Sewage Facilities Act (Act 537) and Chapter 71 of the Pennsylvania Department of Environmental Resources Regulations, or shall assure that the Borough's facilities plan is amended to provide adequate sanitary sewer disposal facilities.

442 Connection to a sanitary sewer systemconsistent with the Borough Act 537 Plan shall be required as a condition of the issuance of building permits.

443 Where a public sanitary sewer system is not yet accessible to the site but is planned for extension within a five (5) year period, the developer shall install sanitary sewer lines within the subdivision boundary to the point where the future connection to a public sewer system will be made. Lateral connections shall be constructed for all lots. Connections shall be available in the structures so as to allow the change fromthe use of the on-lot systems to the public system. Such sewer systems shall be capped until ready for use. On-lot disposal facilities shall be provided for interim use .

444 In subdivision/land developments where connection to a public sewage system is not required, on-lot sewage disposal systems shall be provided in accordance with the then current Pennsylvania Sewage Facilities Act, Chapter 73 of DER Regulations and the requirements of the Borough Sewage Enforcement Officer ( 'ISEO" ) .

445 Sanitary sewerage systems shall be located and/or designed to prevent flood damage and prevent or eliminate infiltration of flood waters into the system or discharges from the system into flood waters.

446 On-lot sewage disposal systems shall be located and/or designed to avoid impairment to them or contamination from them during flooding.

SALDO IV-15

450 Water Supplv and Distribution Systems.

451 The developer shall provide a water supply and distribution system to service the proposed subdivision through one of the following methods:

451.1 Connection shall be made to a public water supply system where such a system exists within one hundred fifty (150) feet of the proposed development or subdivision, or where the Bath Borough Authority, or its successor, deems a hookup to be feasible. In each case, feasibility shall require, at a minimum, that the flow capacity of such a system can adequately fulfill the then current water supply demands of the proposed use(s), including those for fire protection of the proposed subdivision. If adequate water pressure cannot be provided by the public water supply system to the development, devises and measures which will raise the pressure to adequate levels shall be provided by the developer. The system shall be built in accordance with applicable Borough

e. standards. A distribution system shall be designed to furnish both an adequate flow and-

document for such a system by the Bath Borough Authority shall be submitted with the Final Plan

451.2 Where connection to the Bath water supply system is not immediately possible, a centralized water system will be provided by the developer where the subdivision involves twenty (20) or more dwelling units, except where the average residential lot size is one (1) acre or larger. Where lot sizes are one (1) acre or larger and the subdivision involves twenty (20) or more lots, the developer may install on-lot wells. Whenever such a system is provided, the water distribution lines shall be dedicated to the Bath Borough Authority and the Authority may acquire other parts of the water supply system, such as wells, pumps and storage tanks that will be integrated into the public water system. This will take place after the improvements are completed so that the system can be operated by the Bath Borough Authority. A copy of the approval of such a system by the Bath Borough Authority shall be submitted with

* -. pressure to each lot. A copy of the approval ''

SALDO IV-16

the Final Plan. Also, such a system shall be designed and constructed in a manner that would permit adequate connection to the public water supply system in the future, and shall conform to such specifications as are developed by the Bath Borough Authority from time ,. to time. Design and construction standards for centralized water systems are available from the Bath Borough Authority.

451.3 Where connection to the Bath water supply system is not possible for reasons set forth in Section 451.2, on-lot wells shall be provided by the developer or l o t owner when the subdivision involves less than twenty (20) dwelling units.

451.4 Water supply systems shall be located and/or designed to minimize or eliminate infiltration of flood waters so as to meet Federal Emergency Management Agency requirements.

Prior to the granting of Final Plan approval by Borough Council, the developer shall provide written certification that water and sewer service is available in accordance with the requirements of Section 450.

I , .

451.5

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SALDO IV-17

I - .. . . . . ,

460 Storm Drainaqe Systems.

461 Storm drainage systems shall be provided in order to:

461.1 e d t unimpeded flow of natural watercourses except as modified by stormwater detention facilities required by Section 463 or open channels pursuant to Section 462.8;

461.2 Ensure adequate drainage of all low points along the line of streets;

< ” 461.3 Intercept stormwater runoff along streets at intervals related to tlie extent and grade of the area drained;

461.4 Provide positive drainage away from on-site sewage disposal systems;

Take surface- water from the bottom of vertical grades, lead water . from springs and avoid excessive use of cross-gutters at street

1.6 Prevent overloading of drainage systems and watercourses downstream as a result of increased rate of runoff caused by the proposed development.

461.5

I intersections and elsewhere;

<

462 General Reauirements.

subdivision illustrates

462.1 A site drainage plan for the proposed -.. tract shall be prepared which the following infohation:

462.1.1

462.1.2

462.1.3

Mapping of the watershed area or areas in which the proposed subdivision is located;

Calculations of runoff for all points of runoff concentration within the site;

Complete drainage systems for the subdivision. All existing drainage features which are to be incorporated in the design shall be so identified. If the subdivision is to be developed in stages, a general drainage plan for the entire subdivision shall

0 be presented with the first stage

SALDO IV-18

462.2

462.3

462.4

. .

462.5

462.6

and appropriate development stages for the drainage system shall be indicated .

The existing points of natural drainage discharge onto adjacent property shall not be altered without the written approval of the affected landowners.

No stormwater runoff or natural drainage shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on other private :properties or public lands, without the consent of downstream property

. owners for properly handling such conditions.

Storm drainage systems through the subdivision/land development shall be designed to convey the peak runoff that will occur when all tributary areas upstream are developed to the extent reasonably projected during the next forty (40) years. The calculation of this runoff rate shall take into account the land use and development regulations including runoff controls in effect in the tributary

Where a subdivision is traversed by watercourses other than permanent streams, there shall be provided a drainage easement conforming substantially with the line of such watercourse. The width of the easement shall be adequate to provide for unimpeded flow of storm runoff based on calculations made in conformance with Section 464 and to provide a freeboard allowance of one-half (4) foot above the design water surface level. The terms of the easement shall prohibit excavation, the placing of fill or structures, and any alterations which may adversely af feet the flow of stom&ter within any portion of the easement. Also, periodic cutting of vegetation in all portions of the easement shall be required.

Drainage faci.lities that are to be located on state highway rights-of-way shall be approved

Transportation and a letter indicating such approval shall be directed to the BPC. A highway occupancy permit for such facilities

2 - . areas. :’ 2

by the Pennsylvania Department of

SALDO IV-19

....

0 shall be acquired before the issuance of building permits.

462.7 All streets shall be designed so as to provide for the eventual discharge of surface water away from their rights-of-way.

462.8 When it can be shown to the satisfaction of the Borough Engineer that, due to topographic conditions, natural drainage swales on the site cannot adequately provide for drainage, open channels may be constructed conforming substantially to the line- and grade of such natural drainage swales. Capacities of open channels shall be calculated using the Manning equation as explained in Appendix B.

462.9 Storm drainage facilities and appurtenances shall be so designed and provided as to minimize erosion in water course channels and at all points of discharge.

r.

463 Stormwater Detention.

463.1

' 3

- 463.2

Act 167 Ordinance. See the provisions 'of Borough Ordinance No. 429 "Monocacy Creek Watershed Act 167 Storm Water Management4 Ordinance". Said storm water ordinance, as'' amended, is hereby included by reference in this Ordinance, and shall be referenced herein by the term "the Act 167 Ordinance".

. I

Consistency With Act 167. The provisions of this Section 463 shall -apply except where a specific provision of the Borough Act 167 Ordinance supersedes this Ordinance under a specific provision of - the Pennsylvania Stormwater Management Act. In case of any differences between the Act 167 Ordinance and this section where the Act 167 Ordinance does not supersede, then the more restrictive requirement shall apply.

Where detention facilities are included as part of the storm drainage system, the following provisions will apply:

1.

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463.3

463.3.1 Detention ponds shall be designed so that they return to normal conditions within approximately twelve (12) -I hours after the termination of the storm, unless

SALDO IV-20

463.3.2

463.3.3

463.3.4

463 3 05

463.3.6

the Borough Engineer finds that downstream conditions may warrant other design criteria for stormwater release;

The developer shall demonstrate that such ponds are designed, protected and located to assure that public safety is maximized and health problems are prevented, to include, but not be limited to, appropriate fencing, impermeable basins and minimum bottom slopes of ;

The developer shall verify that the operation of the detention facilities will not aggravate potential downstream peaking conditions;

Emergency -e overflow facilities shall be provided for detention facilities to handle runoff in excess of the design flow of a 100-year design storm;

If the lands of the proposed land development remain in common ownership, the developer shall provide written assurances and financial security to the Borough to assure that the detention ponds will be properly maintained;

If the lands of the proposed ‘land development will be conveyed to two (2) or more separate owners, the developer shall provide written assurances and financial security to the Borough to assure that the detention ponds will be properly maintained. If desired by the Borough, developer shall dedicate the land on which the detention ponds are located to the Borough for ultimate long-term maintenance.

4

SALDO IV-21

464 Calculations of Runoff and Desiqn Storm Freuuenc~.

464.1 Storm drainage systems required by this ;. Ordinance shall be designed to provide protection from each of the following design frequency storms: 2, 10, 25, 100-year storms, as determined by the BPC.

464.2 Stormwater runoff from watersheds of two hundred (200) or less acres shall be calculated by the rational method as described in the Borough's Act 167 Ordinance, or as otherwise determined by the Borough Engineer.

i 464.3 Stormwater runoff from watersheds of more than two hundred (200) years shall be calculated using the soil cover complex method developed by the Soil Conservation Service, or by such other appropriate method as is deemed acceptable by the Borough Engineer.

464.4 Culverts shall be designed using methods acceptable to the Borough Engineer. 7'

I

464.5 Complete detailed drainage calculations certified by the design engineer and applicable charts and nomographs shall be: submitted to the Borough Engineer and shall be subject to his approval.

465 Immrovement Specifications.

465.1 Inlets shall be designed and located to prevent hazardous conditions for vehicles, bicycles or pedestrians and to function efficiently.

465.2 The Borough Engineer should add additional specifications which may be necessary for spacing and type of inlets and manholes, minimum pipe sizes, and materials and construction methods.

466 Ownershir, and Maintenance of Stormwater Facilities.

466.1 A system for the ownership and maintenance responsibilities of all temporary and permanent stom water facilities and erosion and sedimentation control facilities that is satisfactory to Council shall be established prior to Final Plan approval, including:

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SALDO IV-22 7

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466.1.1

466.1.2

466.1.3

466.1.4

466.1.5

466.1.6

466.1.7

466.1.8

466.1.9

Description of temporary and p e r m a n e n t m a i n t e n a n c e requirements.

Identification of responsible individual, corporation, association or other entity for ownership and maintenance of both temporary and permanent storm water management and erosion and sedimentation control facilities.

Establishment of suitable easements for access to all facilities for maintenance.

Estimate of suitable funding sources to assure proper maintenance of all facilities.

The Borough may, at the complete discretion of Council, decide not to accept an offer by the applicant for Borough ownership of storm water facilities.

Storm water facilities shall be designed to require minimal maintenance.

All storm drainage facilities shall be properly maintained by the party designated as final responsible on the subdivision plan, unless Council agrees to accept a change in the party responsible or the party owning the facility.

Should a facility not be maintained in proper working order, Council may, after due notice to the responsible party, arrange for the needed maintenance to be accomplished with all such

charged to the expenses responsible party. These expenses shall be collectible as municipal claims are now collected by law.

The Borough Engineer and Zoning Officer shall have the right to

SALDO IV-23

enter pr ivate property t o inspect storm drainage facil it ies, after making reasonable efforts to contact t h e property owner prior to any such inspection.

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SALDO IV-24

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470 Underqround Utilities and Utility Easements.

471 All electric utility distribution lines shall be installed underground in subdivisions or * land developments of five (5) or more dwelling units. In addition, the following design requirements shall be observed :

471.1 Established public utility and state and federal governmental agency design standards shall be observed in preparing the utility plan;

471.2 Utility lines to be installed within street rights-of-way shall be located according to Borough and Borough Authority requirements where applicable;

471.3 Whenever practicable, telephone and cable TV utilities shall be installed underground;

471.4 Street lighting shall be provided by developer at each intersection of the development and at intervals not to exceed three hundred fifty (350) feet between intersections;

I 471.5 Utility lines shall be installed at the rough

grade phase of construction. Utility lines shall be installed according to their depth, with the utility line installed at the greatest depth being installed first.

471.6 Street lighting styles shall be as approved by the Borough. I

472 Utility Easements.

472.1 Utility easements shall be provided for all utility lines servicing the abutting lots when such utility lines are installed outside street rights-of-way. No structures or trees shall be placed within such easements. The location of utility easements shall be acceptable to the appropriate public utility or Bath Borough Authority.

472.2 Whenever practicable, all utility lines to be installed outside street rights-of-way shall share a common utility easement.

SALDO IV-25

i-

473

3

472.3 0

Utility easements shall be located either:

472.3.1 Abutting the street right-of-way. In this case, a minimum easement width of ten (10) feet shall be required; or

472.3.2 Along rear or side lot Jines. In this case, a minimum easement width of twenty (20) feet, ten (10) feet on each side of the lot line, shall be provided. Where the lot line coincides -with-.the subdivision boundary, a minimum easement width of twenty (20) feet may be required by the Borough Council.

Petroleum and Natural Gas Transmission Lines.

473.1 Companies intending to install any petroleum, petroleum product or natural gas transmission line shall be requested to construct the line

t on not less than a fifty (50) foot right-of- way. Such lines are to be installed in the I

center of the right-of-way, and shall comply with the applicable standards impos and federal laws and re

There shall be a minimum distance of twenty-

line, between any proposed dwelling unit and

gas transmission line which traverses the subdivision.

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473.2 five (25) feet, measured from the right-of-way ; any petroleum, petroleum product or natural I

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Floodproof inq.

474'. 1 t a t

Facilities for gas, electric and communication utilities shall be elevated or floodproofed to a level at least one (1) foot above the 100- year flood elevation.

474

SALDO IV-26

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480 Mobile Home Parks.

481 D e f i n i t i o n s . The following definitions shall apply to these Mobile Home Park Regulations only. They shall be deemed to supplement the definitions found in Section VII of this Ordinance. To the extent that these definitions conflict with those generally applicable within this SALDO, these definitions shall apply as to all mobile home park uses and applications.

Densitv. Density is calculated by dividing the number of units by the gross site area.

Gross Site Area. The total horizontal area of the site included within the exterior property lines of the site,

Plan, Mobile Home Park. The plan for a proposed mobile home park prepared and submitted in

these Regulations. accordance with the provisions of Section of

482 Applicable Standards and Reauirements. Except as otherwise provided in this Section 482, the design and development of mobile home parks shall conform to all the general standards and requirements set forth in these Regulations for subdivisions and land developments, in addition to the specific design standards set forth herein. In case of any conflict between any provision in this Section 482 and other provisions of these Regulations, or duplication of provisions dealing with the same subject matter, the provisions of this Section 482 shall govern. Further, if any doubt exists in that regard, the provisions of this Section 482 shall prevail.

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482.1 Environmental, Open Space, Access, Densitv and Site Reauirements. Mobile home parks shall comply with-the following requirements:

482.101 Area. The site shall contain a minimum of twenty-five (25) contiguous acres.

482.1.2 Location. Mobile home parks must have at least two (2) points of ingress and egress separated by not less than two hundred fifty ('250) feet and shall be served by centralized water and sewer systems .

I. > SALDO IV-27

Site Drainase Reuuirements.

482.1.3 . 1 Surface Water. The ground surface in all parts of the development shall be graded and equipped to drain all surface water in a safe, efficient manner. The velocity of runoff during and after development shall not exceed the limits set forth in Chapter 102, Section 102.22(c), of the Erosion Control Rules and Regulations published by t h e P e n n s y l v a n i a

Environmental Resources, July 1, 1973, as amended from time to time, and further shall comply with the provisions of the Monocacy Creek Watershed Storm Water Management Plan.

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482.1.3

D e p a r t m e n t o f

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482.1.3.2

4 82 . 1 . 3'. 3

SALDO IV-28

Wastewater. Wastewater- from any plumbing fixture or sanitary. sewer line shall not be deposited on the ground surface in any part of the 'mobile home development or the surrounding properties.

Erosion and Sediment Control . All applicable regulations and permit requirements to prevent accelerated soil erosion a n d r e s u l t i n g s e d i m e n t a t i o n a s stipulated in the Pennsylvania Department of E n v i r o n m e n t a l Resources Soil Erosion and Sedimentation Control Manual, July 1, 1973, as amended from time to time, shall be followed

,, . . ..

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by all parties engaged in or the construction

development of a mobile home park.

402 . 1.4 Soil and Ground Cover Reauirements.

482.1.4 . 1 Exposed ground surfaces in all parts of every park shall be paved or covered with type 'I2AI1 modified stone or other solid material, or protected with a plant growth that is capable of -preventing soil erosion and dust emissions during dry weather .

482 . 1.4.2 Park grounds shall be maintained free of vegetative growth which is poisonous or noxious or which may harbor rodents, insects or other harmful pests.

402.1.5 Required Separations, Setbacks, . Buffer Strim and Screeninq. The following setbacks and distances shall apply:

482 . 1.5.1 Minimum building setback from external roads : forty (40) feet.

482 . 1.5 - 2 Minimum building setback from internal roads:

482.1.5.2.1 When the long side of a mobile home

angle f oms an forty-five (45) degrees or less with the centerline of the street, then the setback shall be a minimum of twenty- five (25) feet. In all other instances, the setback of the

SAL00 IV-29

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mobile home shall be a minimum of fifteen (15) feet.

482.1.5.2.2 Garages, sheds and other outbuildings shall have a minimum setback of twenty (20) feet.

482.1.5.3 Minimum building setback from the property lines of ad joining private properties: fifty (50) feet .

482.1.5.4 Minimum distance between buildings:

482.1.5.4.1 thirty (30) feet between long sides.

482.1.5.4.2 twenty (20) feet between short sides.

482 . 1.5.5 The maximum number of_ units in a row without staggering: six (6).

482.1.5.6 Mobile home parks shall have an eight (8) foot wide planting strip - located within the 50- foot setback area which abuts other properties and within the forty (40) feet setback area abutting public streets. Planting strips shall not be required along natural features which function as buffers and are likely to be permanently preserved, including, but not limited to, mature vegetation or significant grade changes . As a minimum, the planting strip shall consist of either of the followina.

i . .

. . . .

a.

as the developer may elect:

SALDO IV-30

482.1.5.6.1 (i) TWO 121

482 . 1 . 5 . 6.2

8 - I

.staggered rows of evergreen trees of a type which will eventually grow to a minimum height of twenty (20) feet at maturity and which are at least five (5) feet high when planted and are planted not more than twenty (20) feet on center; or

Mounding or benhing five (5) feet high with maximum slopes of three to one (3:l) .

482.1.6 Streets . 482 . 1.6.1 General Reauirements.

Safe and convenient vehicular access shall be provided from abutting public streets or roads.

Standards. 482 . 1 . 6 . 2 482.1.6.2.1

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482.1.6.2.2

482.1.6.2.3

SALDO IV-31

Pavement width of all residential streets serving as access to a mobile home park shall.not be less than twenty- four (24) feet, with a minimum centerline radii of one hundred fifty (150) feet.

Curbing is not required.

Court stub streets serving as access to no more than .ten ( 1 0 ) mobile home lots and having a maximum length of three hundred fifty

,. . -.

482.1.6.3

f

(350) feet may be provided without a paved turnaround area.

482.1.6.3.1 All internal streets shall remain private streets, to be owned and maintained by the owner of the mobile home park.. Since the internal streets are to remain private, c o n s t r u c t i o n specifications shall be decided by the owner of the park. Provided, however, that the surface of all internal streets shall be paved with a permanent hard

Internal Streets.

SALDO IV-32

1

surface such macadam.

482.1.6.3.2 Notwithstanding the above, the Borough strongly recommends and encourages d e v e l o p e r s t o maintain street widths of more than twenty-four ( 2 4 ) feet, to install a stone base of not less than six (6) inches, and to install not less

(3) than three inches of macadam as t h e p e r m a n e n t cartway .

482.1.6.3.3 Mobile home and other types of units may have direct access only onto internal streets. Direct access from

I

6 I

dwelling units shall not be permitted onto the street(s) from which the m o b i l e h o m e development gains primary access. Nonresidential uses may have direct access to the external public streets.

Street Names. 482 . 1 . 6 .4 482.1.6.4.1 Proposed streets

which are i n alignment with other already-existing and n a m e d B o r o u g h streets shall bear the same name as the existing street.

482 1 6 .I .

I . 482.1.6.4.3

482.1.6.5

In no case shall the name of a proposed street duplicate an existing street name in the Borough or in the postal district encompassing the mobile home park.

The developer of the mobile home park shall provide, maintain and repair all street signs within the mobile home park.

Walks. All mobile homes shall be connected to a paved street by a walkway, driveway or a parking space. Walkways shall have a minimum width of two (2) feet and may take the place of sidewalks .

SALDO IV-33

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482.1.7 Parkinu SDaces Reauired. Two (2) 0 paved off-street parking spaces shall be provided for each mobile home either on the same lot or in common parking facilities, provided that the common parking facility to be so utilized is within two hundred (200) feet of the mobile home lots for which it is intended. A driveway leading to a garage or carport shall be considered- one (1) off-street parking space.

482.1.8 Mobile Home Sitinu and Stand Construction.

482.1.8.1 The area of the mobile home stand shall be

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improved to provide an ( adequate foundation for the placement of the mobile home.

482.1.8.2 The stand shall be constructed from eithex c o n c r e t e , a s p h a l t concrete, or other material sufficient to adequately support the mobile home and to p r e v e n t s e t t l i n g , shifting or heaving under the weight of the home. The corners of the mobile home shall be anchored to prevent wind overturn and rocking with tie-downs such as concrete "dead men", screw augers I arrowhead anchors, or other devices suitable to withstand a tension of at least two thousand eight hundred (2,800) pounds.

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SALDO IV-34

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482 . 1.8.3 After a mobile home has been anchored to the mobile home stand, the hitch which is employed for the transportation of the unit shall be removed, and there shall be a decorative skirt installed around the base of the unit.

482.1.9 Mobile Home Density. Density shall not exceed eight (8) mobile homes per gross site acre.

482.1.10 Accessory Uses Allowed.

482.1.10.1 Recreational facilities for the use and enjoyment of residents in the mobile home park. '

482.1.10.2

482.1.10.3

482.1.10.4

SALDO IV-35

Other uses, buildings a n d / o r s t r u c t u r e s customarily incidental to mobile homes, such as storage sheds, screened- in porches, garages and other facilities of a like nature.

Other uses customarily a part of or incidental to the main use in mobile home parks, such as a community building, recreational facilities and other buildings, structures and areas for the common use of all the residents of the mobile home park, and service a n d m a i n t e n a n c e facilities for the operation and maintenance of the park.

Sales facility, model area and park office.

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482.1.10.5 Area reserved for 0 recreational vehicle storage.

482.1.10.6 Free-standing money access machine.

482.1.11 Pedestrian Walkwavs.

482.1.11.1 All parks shall provide safe, convenient, all- season pedestrian access between individual mobile homes, the park streets, and all c ommuni ty facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.

482.1.11.2 Where a common walk system is provided and maintained between locations, and where pedestrian traffic La concentrated, such comrnan walks shall have 'a minimum width of four (4) feet, and shall comply with regulations issued under the Americans With Disabilities Act.

482.1.11.3 All mobile home stands shall be connected to common walks, streets, driveways or parking spaces connecting to a paved street . Such individual walks shall have a minimum width of two (2) feet.

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482.1.12 Common Open Space.

482.1.12.1 At least twenty percent 3(20%) of the usable site area of the mobile home park shall be in common open space. The usable site area is that area 0

SALDO -1V-36

4

482.2 I .

which is free of water surfaces, severe high water table, quarries or slopes over twenty percent (20%).

482.1.12.2 Whenever possible, the common open space shall

a be designed as contiguous area with pedestrian and visual accessibility to all residents of the mobile home park.

482.1.12.3 Recreation areas and facilities shall be provided to meet the anticipated needs of the residents of the park. Not less than ten percent (10%) of the usable site area, exclusive of lands within the required setback area, shall be devoted to recreation. Preferably recreation areas should be of a size, shape and relief that is conducive to active play,

Water SuDDlv.

482.2.1 General Requirements. An adequate supply of water shall be provided for mobile homes, service buildings and other principal or accessory facilities. Where a public water supply system of satisfactory quantity, quality and pressure is available, connection shall be made thereto.

48202.2 Private Water Systems. Where a satisfactory public water system is not available, a private central water supply system as approved by the appropriate department of the Commonwealth of Pennsylvania shall be provided, Individual on-lot water sources

SALDO IV-37

,

0 are prohibited. The water supply system shall be capable of supplying a minimum of one hundred fifty (150) gallons per day for domestic uses per mobile home and pressure of not less than twenty (20) pounds per square inch, under normal operating conditions, at service buildings and other locations requiring potable water

I

supply

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482.2.3 Meterinq. To the extent that the water supply is or is to be public, the system for the mobile home park shall be appropriately metered in accordance with the criteria established or to be established by the Borough Manager .

482.2.4 Water Distribution System.

482 . 2 . 4 . 1 The water distribution system within the park shall remain privately.. owned and maintained by- the owner of the park. C o n s t r u c t i o n specifications for the i n t e r n a l w a t e r distribution system shall be identical to those

04

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employed by the Borough Authority for its public system, unless otherwise determined by the Borough Engineer . The water piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or backsiphonage.

i

SALDO IV-38

482.2-5 Individual Water-Riser PiDes and Connections.

482 -2.5.1 Individual water-riser pipes shall be located within the confined area of the mobile home stand at a point where the water connection will approximate a vertical p o s i t i o n , t h e r e b y insuring the shortest water connection possible a n d d e c r e a s i n g susceptibility to water pipe freezing.

482 -2.5.3

482.2 -5.4 ..

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipes . A shut-off valve below the frost line shall be provided near the water- riser pipe on each mobile home lot. Underground stop-and-waste valves are prohibited unless the type of manufacture and method of installation

482 .2 . 5.2 The water-riser pipe shall have a minimum diameter of three-

/ . quarters of an inch and terminate at least four (4) inches above the ground surf ace . The water outlet shall be provided with a cap when a mobile home does not occupy the lot.

SALDO IV-39

are approved by the Borough Engineer.

482.3 Sewaae Disposal.

482.3.1 General Reauirements. An adequate and safe sanitary sewer system shall be provided for conveying and disposing of sewage from all mobile homes and from service buildings and accessory facilities in accordance with applicable regulations of the Pennsylvania Department of Environmental Resources. Where a public sanitary sewer system is available, connections shall be made thereto, and it shall be used exclusively. Where a public system is not available, a private central sewage treatment plant may be installed, if approved by the

Environmental Resources. Individual on-lot sewage disposal systems are prohibited.

Pennsylvania Department of

482.3.2 Individual Sewer Connections.

482 . 3.2 . 1 Each mobile home stand shall be provided with a four-inch diameter sewer- riser pipe. The sewer- riser pipe shall be so located on each stand that the sewer connection to the mobile home drainL outlet will approximate a vertical position.

482.3.2.2 The sewer connection shall have a nominal inside diameter of not less than four (4) inches and the slope of any portion thereof shall be at least one-fourth (4) inch per foot. All j o i n t s s h a l l b e watertight.

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SALDO IV-40

482.4

482.3.2.3

482 . 3.2.4

All materials used for sewer connections shall be semi-rigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth.

Provision shall be made for plugging the sewer- riser pipe when a mobile home does ngt occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least one-half ( 4 ) inch above ground elevation.

482.3.3 Sewer Lines. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system by not less than three ( 3 ) lineal feet .

48203.4 Ownership and Maintenance, The sanitary sewer system shall remain the private property of the owner of the park, who shall be responsible for its construction, operation and proper maintenance. Construction specifications shall be identical to those employed by the Borough Authority for its public system, unless otherwise determined by the Borough Engineer, to assure that infiltration and inflow is kept to an absolute minimum.

Electrical Distribution Svstem.

482.4.1 General Requirements. Every mobile home park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with the servicing

SALDO IV-41

power company specifications regulating such systems and the National Electric Code.

482.4.2 Power Distribution Lines. All power lines shall be located underground and shall meet the construction specifications of the servicing power company.

482.4.3 Individual Electrical Connections,

482 -4 . 3 . 1 Each mobile home lot shall be provided with an approved disconnecting device and overcurrent protective equipment , The minimum service per outlet shall be 120/240 volts 'AC, 100 amperes.

482.4.3.2 The mobile home shall be connected to the outlet receptacle by an approved type of flexible cable with connectors and a male attachment plug.

482.4.4

482 . 4.3.3 Where the calculated load of the mobile home is more than 100 amperes, either a second outlet receptacle . shall be installed or electrical service shall be provided by means of permanently installed conductors.

Reauired Groundinq. All exposed noncurrent-carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved ground conductor, in accordance with power company specifications and the provisions of the National Electric Code. Neutral conductors shall not be used as equipment grounds.

SALDO IV-42

482.5 Insect and Rodent Control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the Pennsylvania Department of Environmental Resources.

482.6 Fuel Sumlv and Storaqe.

482.6.1 Natural Gas Svstems.

482.6.1 . 1 Natural gas piping systems when installed in mobile home parks shall conform to the rules and regulations of the American Gas Association.

482 . 6 . 1.2 Each mobile home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.

482.6.2 Liquified Petroleum Gas Svstems.

482 . 6.2 . 1 Liquified petroleum gas systems provided for mobile homes, service other buildings or structures when installed shall be maintained in conformity with the rules and regulations of the National Fire Prevention Association Standards NFPA No. 57 and No. 58.

482.6.2.1.1 Systems shall be provided with safety devices to relieve excessive pressures

be and shall arranged so that the

SALDO IV-43

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discharge terminates at a safe location.

482.6.2.1.2 tems shall have at least one (1) accessible means for shutting off gas. Such means shall be located outside the

ile home and shall be maintained i n e f f e c t i v e operating condition.

482.6.2.1.3 A l l l i q u i f i e d petroleum gas piping outside of the mobile home shall be well-supported and protected against mechanical injury. Undiluted liquified petroleum gas in liquid form shall not be conveyed

p i p i n g:, through e q u i p m e n t a n d. systems in mobile homes .

482.6.2.1.4 Vessels of more than twelve (12) and less than sixty (60) U.S. g a l l o n s g r o s s capacity may be installed on a mobile home lot and shall be securely but not permanently fastened to prevent a c c i d e n t a l overturning.

482.6.2.1.5 N o l i q u i f i e d petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure.

SALDO IV-44

482 6.3 Fuel Oil Sumlv Svstem.

482 60 3 1

482 6.3.2

1 ' . 482.6.3.3

482.6.3.4

482 6 3.5

All fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the National Fire Protection Association.

All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely, but not permanently, fastened in place.

All -fuel oi2 supply systems provided for mobile homes, service buildings and other structures shall have shut-off valves located within five (5) inches of storage tanks.

All fuel storage tanks or be cylinders shall

securely placed and shall not be less than five (5) feet from any mobile home exit

Storage tanks located in .areas subject to traffic shall be protected against physical damage.

Fire Protection.

40207.1 Mobile home park areas shall be kept free of litter, rubbish and other flammable materials.

402 0 7 0 2 Approved portable f i r e extinguishers shall be kept in public service buildings under park control.

SALDO IV-45

482.7.3 Fire hydrants are required with a minimum flow of seven hundred fifty (750) gallons per minute with a minimum residual pressure of twenty (20) p.s.i. for two (2) continuous hours. All fire hydrant thread connections shall comply with Borough requirements. Fire hydrants shall be located within six hundred (600) feet of any mobile home, service building or other structure in the park.

482.7.4 Each mobile home shall have at least one (1) smoke detector and a functioning hand-held ’ fire extinguisher.

483 Mobile Home Park Manaffement Reffuirements.

483.1 s ?.

--...

Responsibilities’ of the Manaqement.

483.1.1 The person to whom a permit for a mobile home park is issued shall operate the park in compliance with these Regulations and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

483.1.2 The management, upon being given reasonable prior notice, shall give Borough officials and the appropriate departments of the Commonwealth of Pennsylvania free access to all mobile home lots, service buildings and other community service facilities during normal business hours for the purpose of inspection.

483.1.3 The management shall maintain a register containing the names of all park occupants and the date of arrival of each mobile home. Such register shall be available to any authorized person inspecting the park.

. , -:

’. :.

SALDO IV-46

e

e

483.1.4 The management shall report new park residents, except transients, and departure of residents, except transients, to the Borough Tax Collector. This report shall be made not less frequently than quarterly and on a report form provided by the Borough. The report for each quarter shall be filed no later than the fifteenth (15th) day of the month following the end of the quarter for which the report is being filed.

484 P e m i t s .

484 1 It shall be unlawful for any person to maintain, construct, alter or extend any mobile home park or any of the facilities thereof within the limits of the Borough

r - .. ._ ..nunless he .-holds .a valid ,permit required and issued in his name for such purposes or purpose by the Borough Council.

An application for a mobile home park permit shalLbe approved by the Borough Council only after all requirements of this Ordinance are met .

484.2

484.3 Application for renewal of a mobile home park permit shall be made to the Borough Council at least thirty (30) days prior to the expiration date of a permit. The renewal of a mobile home park permit shall be issued by the Borough Council upon. furnished proof by the applicant that the park continues to meet the standards and requirements for the issuance of an original permit.

485 Pavments to Borouqh. "Impact fees" and similar fees, charges, contributions or payments shall be payable to the Borough"or any municipal authority in connection with the development of a mobile home park in like manner to any other residential subdivision.

SALDO IV-47

490 Environmental Protection and Open Space Preservation.

491 Erosion and Sedimentation Control . 491.1 All earthmoving activities shall be conducted

in such a way as to prevent accelerated erosion and the resulting sedimentation.

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 until a plan setting forth erosion and sedimentation control measures for the site has been prepared and approved by both the Northampton County Conservation District and Borough Council, after consultation with the Borough Engineer.

491.2

. .. .-,

491.3 The soil erosion and sedimentation control plan and measures used to control erosion and sedimentation shall meet the standards and specifications set forth in the Pennsylvania Department of Environmental Resources Soil Erosion and Sedimentation Control Manual and Chapter 102 of the Rules and Regulations of-

_- the Pennsylvania Department of Environmentar, Resources.

~ 491.4 All erosion and sedimentation control plans shall be submitted with the preliminary plan as set forth in Section 316.4 of this Ordinance.

491.5 Where the earthmoving activity affects five (5) acres or more, the soil erosion and sedimentation control plan must be submitted to the Northampton County Conservation District, together with an application p e d t for an NPDES permit for review. An NPDES p e d t must be granted by the Pennsylvania Department of Environmental Resources.

492 Natural Feature Preservation.

492 . 1 The design and development of all subdivisions and land developments shall preserve, whenever possible, natural features which will aid in providing adequate open space for recreation and conditions generally favorable to the health, safety and welfare of the residents. Some of these natural features are the natural

SALDO IV-48

492.2

. . ,.

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. .

0

_ . .

j.

terrain of the site, woodland areas, large trees, natural watercourses and bodies of water, wetlands, rock outcroppings, and scenic views. More detailed standards concerning the preservation of specific natural features are set forth in the following sections.

Flood Plain Resulation.

492.2.1 A map illustrating flood elevations for the tract for a 100-year flood, where applicable, shall be submitted as part of the preliminary review materials as set forth in Section 300. The flood elevation map shall be based on the Borough flood insurance rate map prepared by the Federal Emergency Management Agency ( F E W ) . When not available, the map shall be based on- estimated 100-year flood elevations‘ or estimated areas subject to flooding based on best available data.

492.2.2 A developer shall adhere to the following standards within areas designed as regulatory floodways and flood fringe areas on the flood elevation map:

492.2.2.1 No buildings are to be constructed in regulatory floodways. Other encroachments may be permitted provided that the encroachment will not cause any increase in the 100-year flood elevation a t a n y p o i n t . Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an e q u a l encroachment extending for a significant reach on both sides of the stream.

d e g r e e of

SALDO IV-49

.- .

492.2 .2 . 2

. . . . ,

be Structures may permitted in flood fringe areas provided that the lowest floor surf ace (including basement) is elevated at least one (1) foot above the 100-year flood elevation and that the proposed improvements will not measurably increase the water surface elevation of the 100-year flood at any point. The lowest floor s u r f a c e of n o n - residential structures may be constructed below the 100-year flood elevation provided that below this elevation the structure is watertight with walls substantially

the passage of water and is designed with structural components having the: capability of resisting;

floodwater.

(c

impermeable to

0 forces caused by

492.3 Tree Preservation and Plantinq.

492.3.1 Trees six (6) inches or more in diameter (measured at a height four and one-half (435) feet above grade) shall not be removed unless they are located within the proposed cartway or sidewalk portion of a street right-of-way, or within fifteen (15) feet of the foundation area of a new building. Areas in which trees are retained shall remain at original grade level and undisturbed wherever possible.

4 92.3.2 Where no existing trees are retained along street rights-of- way, trees shall be planted at intervals of between fifty (50) and one hundred (100) feet on both sides of the street, but in no

0 SALDO IV-50

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49203.3

492.3.4 . - >

. .

492.4

instance shall there be less than one (1) tree per lot.

Trees shall not be retained or planted within three (3) feet of the street curb or the sidewalk. Trees may be retained or planted between the street curb and the sidewalk if there is a minimum distance of six (6) feet.

A landscape plan shall be drawn for all commercial, industrial, planned residential, mobile home park, and multi-family developments. The plan shall show existing and proposed vegetative cover.

The Landscape Plan shall include + trees in addition to those required along the street rights- of-way. The following standards .

are to be used as a guide to the number, not the spacing or location, of additional trees required :

492 -3.4.1

492 . 3.4 . 2 One (1) tree per dwelling unit;

One (1) tree per fifty (50) linear feet of newly constructed street.

492.3.5 . The Borough shall approve all species proposed by developer for installation. Consideration shall be given in species selection to disease resistance, storm resistance and any known nuisance qualities.

Tonouraphv.

492.4.1 The natural terrain of the proposed subdivision tract will be retained wherever possible with cut and fill operations being kept to a minimum. Areas with slopes greater than fifteen percent (15%) shall generally not be planned for

SALDO IV-51

. .......-

492.5

development. If such land is planned for development, the natural slope of the building site or sites shall be fifteen percent (15%) or less, and the slope of all access drives shall not exceed twelve percent (12%) . The building site shall extend at least ten (10) feet beyond the perimeter of the building.

TODSOil Protect ion.

492.5.1 Topsoil shall not be removed from the development site or used as fill. Topsoil shall be removed from the areas of construction and stored separately. The topsoil shall be stabilized to minimize

Upon erosion during storage. completion of the construction, topsoil must be uniformly redistributed on the site to a minimum depth of four (4) inches. , I

Omen SDace Dedication, Recreation Areas and F e e s In Lieu of Land Dedication. Subdividers and developers shaIL dedicate land or fees to the Borough for parks, recreation and open space, and/or pay fees or provide

following provisions: i facilities in lieu thereof in accordance with the 5 .

- , -_

. . -.. -

I ,

Amlicabilitv. This Section 493 shall be effective with respect to any subdivision or land development for which a preliminary plan or a combined preliminary/f inal plan is submitted after the enactment of this Section 49, except that this section shall not apply to:

493.1.1 Submittals that the Borough Council determines only involve clearly minor adjustments or corrections to a preliminary plan that was duly submitted and actively under consideration or approved prior to the enactment of this revision; or

493.1.2 Minor subdivisions: residential subdivisions containing no more than two (2) lots and not

SALDO IV-52

493.2

493". 1 . 3

requiring any new street or road or involving the extension of any municipal or other centralized sewage disposal or water supply services; or

Resubdivisions: any replatting or resubdivision of land, limited to changes in lot lines on approved Final Plans or Recorded Plans as specified in this Ordinance. Other replattings shall be considered as constituting a new subdivision of land.

Land Dedication in Subdivisions and Land Developments.

as provided in subparagraphs 493.6 through 493.10 of this Section 493, each subdivi- sion or land development regulated under this section shall be required to dedicate to the Borough an amount of suitable com- mon open space equal to six percent (6%) of the total land area of the subdivision or land development, which shall contain at least one thousand one hundred (1,100) square feet of useful space (as defined in subsection 493.2.2 below) per dwelling unit. Should more than six percent (6%) of the land area be required in order to meet the minimum requirement of one thousand one hundred (1,100) square feet of useful open space per dwelling unit, then the stricter standard shall apply.

493 .2 .1 Except

The residential land and fee requirements of this Section 493 shall be based upon the maximum number of new dwelling units that would be permitted to be constructed on the lots of sub- division or land development after the plan is approved.

SALDO IV-53

Nonresidential Subdivisions and DeveloDments

Percentage of the Total Amount of 'Useful Open Space" Which is 'Prime Open Space'

Minimum Required "Useful Open Space"

Per 1/2 Acre (or portion thereof) of Gross Pre- development Tract

At least 25%, but not greater than 50%.................... 1,200 sq. ft.

Greater than 50%, but not greater'than 75%................ 1,000 sq. ft.

Greater than 75%... . . . . . . . . . . . . . . . . . 800 sq. ft.

Any land proposed for dedication under this Section 493 for which less than twenty-five percent (25%) of ,the 'Useful Open Space" is 'Prime Open Space" shall be deemed unsuitable.

493.2.2 Useful Open Space. For the purposes of this section, the term i

"Useful Open Space" shall mean land proposed to be dedicated as

0 common open space which:

493.2.2 . 1 Has adequate access for,

...

. . _ . . .

maintenance and for pedestrians;

4 9 3'. 2 .2 . 2 Is not within a stormwater detention basin, unless the developer or subdivider p r o v e s t o t h e satisfaction of the Borough Council that the stormwater detention basin (or the port ion thereof which the developer or subdivider d e s i r e s t o h a v e classified as " Useful Open Space") is designed so that it clearly would regularly be usable for recreation during all times, except immediately following a "15 year

-_ storm" of greater intensity;

SALDO IV-54

493 - 2 - 2 - 3

493 . 2 . 2 - 4

493.2.2.5

493 - 2 - 2 . 6

. :.I

Is not required to be provided under another section of this Chapter

another Borough or Ordinance;

Is not within fifteen (15) feet of any principal building;

Is not within fifteen (15) feet of a parking area (other than parking areas specifically developed to serve the open space); and

Is part of a total

common open space which .contains at least 0.5 acres and is of such geometry that it provides sufficient spatial ability to conduct normal p u b l i c r e c r e a t i o n activities (i-e., is not sinewy or otherwise unusable for a broad range of recreational activities), unless a n d

more linear fashion with the consent of the Borough to accommodate trails or paths, environmental protection, or scenic easements.

contiguous tract of

knowingly P u r p o s e f deslgned in a

493.2.3 Prime ODen Stsace. For the purposes of this section, the term 'Prime Open Space" shall mean land proposed to be dedicated as common open space which:

493.2.3.1 - -- ---Y b A 1 F I A A six percent (6%) over all distances of nn mn-e than -- --- ab'"& ~~ --

three ( 3 ) feet;

SALDO IV-55

4

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493.2.3.2 Is not a wetland under the applicable federal or state regulations;

493.2.3.3 Is part of a contiguous tract of at least two (2) acres, which may include preexisting adjacent common open space;

493.2 . 3.4 None of which is within the ‘100 Year Flood- plain”, as defined by official floodplain maps of the Borough; and

Has topsoil to a depth of four (4) inches or more at all points.

493.2.3.5

Suitable Common Open SDace To Be Dedicated.

493.3.1 Land to be dedicated under this Section 493 shall be suitable, prior to dedication, for its intended purpose, as determined by the Borough Council.

493.3.2 The following factors shall be considered in determining the suitability of common open space to adequately serve intended recreational needs:

493 . 3 . 2 . 1 Whether common open space in the proposed location would be suitable for active or passive recreation;

493.3.2.2 Whether common open space could be added to an e x i s t i n g a d j a c e n t recreation area;

493.3.2.3 Whether the a rea surrounding the proposed d e v e l o p m e n t h a s sufficient existing recreation and open space

.-- land, and whether it is possible for young

SALDO IV-56

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493.3.2.4

493 . 3.2 .5

493 . 3.2 . 6

. .

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493.3.2. a

493 - 3 - 2 .9

493.3.2.10

*--

SALDO IV-57

p e d e s t r i a n s a n d bicyclists to safely reach those lands;

Recommendations of the Borough Park and Recrea- tion Board, which shall be given an opportunity to provide a review;

Relevant policies of the Borough Recreation Plan;

Whether the proposed open spaces would preserve i m p o r t a n t n a t u r a l features (such as creek woodlands valleys ) that might otherwise be disturbed or adversely affected;

Whether the area will involve a significant

residents, especially in homes without large yards ;

or

c o n c e n t r a t i o n o f

Whether it will be combine possible to

common open space on this tract with additional

on an open spaces adjacent tract, when that tract is developed in the future;

Whether the proposed common open space is centrally located to reasonably serve all residents in the proposed development; and

Any other factor set forth in this Section 493, or deemed relevant to the particular tract by the Borough.

The Borough Council may require that land to be dedicated under this Section 49 be located along an edge of the property so that it may, in the future, be combined with an open space dedication on the edge of an adjoining property when that adjoining property is subdivided or developed, and/or so .that it may be combined with an existing adjacent open space dedicated for open space or recreation purposes. If the developer or subdivider owns one or'more adjacent tracts that are not currently proposed to be subdivided or developed (or is not currently planning to develop all of the original tract being subdivided), the developer or subdivider shall provide a sketch of a possible future land dedication on the adjacent lands (or the undeveloped portion of the original tract) in the event of future development.

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493.3.4 The developer or subdivider shall, state in his application those improvements (if any) he/she intends to make to the land proposed for dedication hereunder to make it suitable for its intended purpose, such as rough grading, drainage improvements, landscaping, clearance of unde- sirable vegetation or development of trails. Such land shall be free of construction debris, excavated materials and solid waste prior to dedication.

493.305 Areas intended for active recreation shall be well-drained, shall have a slope of no greater than four percent (4%) over all distances of no more than three (3) feet, and not require that a wetland be filled in order to be used as intended.

SALDO IV-58

493.4 Condition of Common Open SDaces. All common open spaces to be dedicated to the Borough shall be improved, if necessary, by the developer or subdivider prior to acceptance of dedication by the Borough, so that all of the following conditions are satisfied:

493.4.1 Tomoil. All common open spaces to be dedicated to the Borough shall include a minimum of four (4) inches of good quality topsoil, unless t h e applicant proves to the satisfaction of the Borough Council that such land did not naturally include such cover.

493.4.2 Lawn Areas. Unless wooded, all common open spaces shall be in lawn prior- to dedication, and shall be. imprpved in accordance -with’the following req6irements:

493.4 -2.1 Materials.

- SEED

Kentucky Bluegrass

Linn Perennial Ryegrass

Annual Ryegrass

Other Crop Seed

Inert Matter

Weed Seed

( a ) Seed Mixture.

BY WEIGHT PURITY GERMINATION

49.00% 98% 85%

30 . 35% 98%

19 . 60% 98%

0.20%

0.75%

0.10%

90%

90%

100.00% Tested: - All seed shall be delivered in the

original packages, unopened, which shall bear a guaranteed analysis by the vendor and shall be approved by the Township.

SALDO IV-59

(b) Fertilizers.

Nitrosen Phosphorus Potash

Type I: Basic 6 10 Fertilizer for Lawns

Type 11: Starter 10 Fertilizer for Lawns

10

. . . . 1 . . .

4

10

Fertilizer shall be a composite and shall bear manufacturer's guaranteed statement of analysis and shall have at least twenty-five percent (25%) by weight of the nitrogen content of the fertilizer derived from organic material. Fertilizer distribution may be hopper or drill type.

Ground Limestone. Shall be raw, ground agricultural limestone containing 'more than ninety'percent (90%) calcium carbonates, fifty percent (50%) to pass one hundred (100) mesh sieve, ninety percent (90%) to pass twenty (20) mesh sieve.

( d ) Mulch. Shall be clean oat straw free from mature seed bearing stalks or roots of "prohibited noxious weeds seeds" or "restricted noxious weed seeds" as defined by the Pennsylvania Seed Act'of 1965, P.L.'354, 3 P.S. S285-1 et sea., as amended, or wood cellulose fiber processed to contain no growth or germination inhibiting factors and dyed an appropriate color to facilitate visual metering of the application of the materials.

(c)

0

be' hand too trade. If a one hundred

(e) Tool/EauiDment. Shall Ils, machinery and equipment normal to the oller is used, it shall weigh not more than (100) pounds per foot of width.

493 4 2 02 PreDaration. Grade as necessary to bring the grade to a true, smooth slope for areas which are to be seeded.

Apply Type I1 Fertilizer at the rate of 20 pounds per 1,000 square feet.

Apply ground limestone at the rate of 100 pounds per 1,000 square feet.

SALDO IV-60

Materials listed above shall be uniformly applied and thoroughly incorporated into the soil by rototilling or other approved method to a minimum depth of four (4) inches. The entire surface shall then be regraded and rolled.

A n y s u r f a c e irregularities shall be corrected in order to

I prevent pocket or low area formation which will allow water to stand.

York rake and clean the surface of all stones larger than 1+ inches in diameter or any other substances which will interfere with turf development or subsequent mowing operations.

493.4.2.3 Seedinq. The subdivider shall, at his own ex- pense, seed or sod all areas outside the lands to be dedicated to the Borough which have been disturbed by the work performed on lands to be deeded to the Borough.

Seeding shall be done in two separate operations. The second seeding shall be done immediately after the first and at right angles to the first seeding and lightly raked into the soil.

Mulch seeded areas with straw at the rate of two (2) tons per acre. Take precautions to stabilize the mulch and to keep the area undisturbed until

SALDO IV-61

. .

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493.4.2.4

* the grass is established. Apply wood cellulose as recommended by the manufacturer.

Those areas around storm drainage structures or in steep drainage swales shall be sodded with an approved sod and as directed to eliminate erosion.

Seedinq Alternate. Hydro-seeding with ap- proved hydraulic seeding equipment may be used to sow seed, fertilizer, lime and wood cellulose fiber mulch in one operation. Prepare the area then apply seed, lime stone, fertilizer and wood cellulose fiber as indicated previously.

493 -4 . 2 .5 ReDairs . Repair by- filling with topsoil, tamping, refertilizing and reseeding areas where damage resulting from e r o s i o n , g u l l i e s , washouts or other causes is evident before acceptance of the area.

493.4.2.6 Maintenance. Maintain lawns by weeding, water- ing I mowing, and replanting as necessary until the third cutting and as much longer as necessary to establish a

of uniform stand specified grass and until accepted. Make the first cutting when grass has reached the height of three (3) inches, cut to two and one-half (2%) inches .

SALDO IV-62

Scattered bare spots,, smaller than one square foot, will be allowed up to one percent (1%) of the lawn areas.

If seeded areas are not UP t o s p e c i f i e d s t a n d a r d s , t h e d e v e l o p e r ’ s responsibility for maintenance shall be extended until new grass i s e s t a b l i s h e d . Reseeding shall conform in all respects to these specifications.

493.4.3 Fencinq. Fencing, which satisfies t h e f o l l o w i n g m i n i m u m

. L L . *. specifications, shall be installed around the perimeter of the common open space and/or community recreational facilities to be dedicated and/or the accesses thereto, in the discretion of the Borough, unless waived by the Borough for good cause shown:

493.4.3.1

493.4 . 3.2

493.4.3 . 3

SALDO IV-63

Fabric. The base metal shall be 9 gauge wire (W&M) with a minimum

of tensile strength 80,000 psi after coating. ASTM Specifications A392 or A491.

Size. The 1-inch mesh fabric shall be a minimum height of 42 inches with an acceptable tolerance of plus or minus 2 inches.

Plastic Coatinq. All metal shall be coated with 7 mil Polyvinyl Chloride, Woodland Green coating. The coating shall have an even thickness, a specific gravity of 1.3 and be

493 . 4 . 3 . 4

493.4 03.5

493.4 -3.7

493.4 . 3 . a

free of blisters. The bond between the vinyl coating and the metal shall be equal to or greater than the cohesive strength of the plastic.

Posts, Rails and Frames. 10-15 mil thickness coated inside and outside bY the fusion-bond system.

Post TODS. Caps for posts shall be vinyl coated malleable iron or pressed steel and shall be ornamental standard tops with adequate design and provisions for a tight slipjoint for the top rail.

Post and Frame Ties. Six (6) gauge vinyl coated wires shall not exceed 14-inch spacing.

Tor, and Bottom Rail Ties. Nine (9) gauge vinyl coated wires shall not exceed 24-inch spacing.

Stretcher Bars. Shall be not less than 1/4 inch thick and 3/4 inch wide and shall be of a length 1 inch less than the full height of the fabric and shall be thoroughly threaded through the fabric and properly se- cured to the terminal posts with 11 gauge, 1 inch wide bands and 3/8 inch bolts and nuts at a spacing not to exceed 14 inches .

49304 . 3 . 9 Gates. Shall be vinyl coated aluminum pressure welded at all joints. All 0

I SALDO IV-64

I I -

2 . .. . .

493.4.3.10

493.4 . 3 . 11

493.4.3.12

gates installed, whether pedestrian or equipment access, shall be complete with locks, latches, stops and removable panel hinges . Installation. The fence, when installed, shall be plumb, taut, true to line and grade and complete in all details. When splicing of the fabric is necessary, interweave an additional coated steel wire of the same gauge between' the two ends of the fabric to provide a neat uniform surface.

Post SDacinq. Line posts shall be equally spaced not further apart than 10 feet on centers.

Post Settinq. All posts shall be of sufficient length to allow for a depth of approximately three (3) feet below finished ground level and shall be set plumb and vertical in a 3000# concrete footing 12" x 12" x 3' 0 " and 6 inches below the bottom of the post .

493.4.4 Permanent Monuments. Permanent concrete monuments shall be placed in all locations where a change in horizontal alignment occurs on the property line of the land to be conveyed to the Borough for parks or recreational use.

493.4.5 Maintenance Obligations. The maintenance obligations for. the said lands shall not be undertaken by the Borough until all of the requirements of this subparagraph 493.4 have been satisfied.

SALDO IV-65

.. .

493.5 Terms of Dedication. All common open space dedicated under this Section 493 shall include deed restrictions to permanently prevent the development of non-public buildings, except buildings for non-commercial recreation to support the maintenance of the land for recreation. Public buildings shall be permitted in common open space.

Dedication (Other Than Borouah). 493 . 6 Alternate Beneficiaries of Common ODen Space

493.6.1

493.6.2

Common open space required under this Section 493 shall be dedicated to the Borough, unless the Borough Council agrees to allow a dedication to any of the following: the Northampton Area School District, the County of Northampton, the Commonwealth of Pennsylvania, the United States of America, amunicipality authority, a condominium association or home-

or an owners association, environmentalorganizationaccept- able to the Borough Council. In- the case of a rental development, the Borough may permit the common open space to be retained by the owner of the residential buildings. In all of the above instances, deed restrictions acceptable to the Borough Solicitor shall be inserted into the deed of the common open space land stipulating that such land shall be reserved in perpetuity for open space and recreation or other public purposes.

If required comon open space is to be owned by a condominium association or homeowners association, the developer shall establish such association in a form that requires all property owners within the development to annually contribute to the maintenance of the common open space . Provisions of any condominium association or home- owners association agreements 0

SALDO IV-66

493.7

.-

regarding required common open space shall be subject to acceptance by the Borough Council, based upon review by the Borough Solicitor.

49 3.7.1 . i

1

I

General. Fees, in the amount provided in this subparagraph 493.7, may be accepted in lieu of the dedication of common open space if both the developer or subdivider and the Borough Council agree. In any case where, in the Dpinion of Borough Council, the aeveloper or subdivider does not or cannot offer a sufficient amount of land for common open space, the developer shall pay the recreation fee in lieu of land dedication. Whenever fees are permitted or required, the developer or subdivider shall place a note on the preliminary and final record plans stating that such fees are required to be paid as part of the subdivision or land development approval.

493.7.2 comb ination of Land and F eeg. The Borough Council and the developer or subdivider may agree on any combination of common open space dedication and payment of recreation fees, provided that the value of the combination to the Borough, its residents, and/or persons employed in the Borough, is consistent with the requirements of this Section 493 when only land is dedicated or only fees are paid.

49 . .

3.7.3 ivisionq Fees for Residential S U M or D eveloDm ents. The amount of fees to be paid in lieu of common open space land dedication in resident ia 1 subdivisions or developments shall be the greater of s ix percent (6%) of the value of the land to be developed, after

b I

SALDO IV-67

.

infrastructure I improvements or $863.13 per dwelling unit, based upon the maximum number of new dwelling units that would be permitted to be constructed on the lots of the subdivision or land development after the plan is approved. (amended pursuant to Ordinance 1997-510, duly adopted January 7, 1997 . )

0

. .. .

493.7.4 Fees for Nonr esidential Subdi vi- _. . gions or Develomuents. The amount of fees to be paid in lieu of common open space land dedication in nonresidential subdivisions or developments shall be $539.46 per + acre (or portion thereof) of gross area (prior to development) of the tract being subdivided or developed.

i 493.7.5 Adjustment of Fee%. The Borough Council may, from time to time by resolution, adjust the fees set forth in clauses 493.7.3 and 493 07.4 . - 1

a- 2.;:. I' -

493. a J & w L E ! w - t L

493.8.1 Any fees collected under this section shall be placed within an interest bearing account and shall be accounted for separately from other Borough funds.

.. . . . . .. . .

493.8.2 The lands and facilities dedicated or provided hereunder must be easily and safely accessible to the residents and employees of the developments that paid fees toward their cost. Except as provided in clause 493.8.4, all fees collected under this Section 493 with respect to any given subdivision or land development shall only be expended for parks, recreation and open space areas within one thousand (1,000) feet of all or part of the subject subdivision or land development.

SALDO IV-68

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493-8-3 Such fees shall only be used for costs related to the acquisition or development of public open space for recreation or public recreation facilities.

493-8-4 A'portion of the fees for each subdivision or land development may also be used for the acquisition and development of centrally located park or recreation area(s) providing programs and facilities for the entire Borough.

493-9 Timinu of Fees. Fees to be paid under this Section 493 in lieu of common open space land dedication shall be paid prior to the recording of the final plan, except as follows :

493.9.1 If the required fee would be greater than $3,000, and the applicant and the Borough mutually agree to provisions in a binding development agreement to require the payment of all applicable recreation fees prior to the issuance of any building permits within each clearly defined phase of the development, then the fees are not required to be paid prior to recording of the final plan but may instead be paid within the requirements of that development agreement.

493.10 Modifications to Land Dedication and Fee Reauirements. The Borough Council may reduce the land dedication or fee requirements of this Section 493 if the subdivider or land developer agrees to undertake one or more of the following actions, provided that the value of the combination of land, fees, and such actions to the Borough, its residents, and/or persons employed in the Borough, is consistent with the requirements of this Section 493 when only land is dedicated or only fees are paid:

493.10.1 Construction of substantial permanent recreation facilities within the proposed subdivision or

.

SALDO IV-69

land deGelopment and/or existing public open space;

Donation (or sale at a price below market value) of appropriate land to ,the Borough (or any other public entity described in subparagraph 493.6) for public recreation. In the case of a sale under this clause, the subdivider or land developer must *provide evidence-of- the fair market value of the property from qualified professionals.

493.10.2

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i c

493.11 ImDrovements Guarantee. Before the Borough Council approves any Final Plan in connection with which the developer or subdivider is required to dedicate any land pursuant to this Section 493 and for which improvements are required under this Ordinance, the developer or subdivider shall deliver to the Borough Council a 'performance guarantee as set forth in Section 521, 'a maintenance guarantee as set forth in Section 522, indemnification and hold harmless guarantees as set forth in Sectio 523.1, and insurance as set forth in Sectio 523.2 of this Ordinance.

SALDO IV-70

SECTION V - IMPROVEMENT SPECIFICATIONS 500 General Reauirements.

501 Physical improvements to the subdivision/land development tract shall be provided, constructed and installed as shown on the Final Plan, in accordance with the requirements of the Borough Council.

As a condition to review of a Final Plan by the BPC, the developer shall agree with the Borough Council as to installations of all improvements shown on the Plan and required by this Ordinance. Before the Final Plan may be endorsed by the Borough Council, 'the developer shall submit a completed and executed original copy of the Subdivision Improvements Agreement and performance and maintenance guarantees in the amount required by Section 520 .

503 All + hprov nts installed by 'the 'developer shall be constructed in accordance with the design specifications set by the Borough Council. The Borough Engineer shall prepare improvement specifications for all required improvements in cases where no applicable Borough specifications exist. These specifications shall be provided to developer prior to prel nary plan approval.

504 Supervision of the installation of those improvements required by Section 510 shall, in all cases, be the responsibility of the Borough Council and Borough Engineer.

502

SALDO V-1

510 Recruired Improvements.

511 Improvements shall be provided, constructed and installed by the developer as stated in the Improvements Agreement, shown on the Final Plan, and in accordance with the design standards set forth in Section IV of this Ordinance. The following improvements will be required in" all applicable cases :

511.1

5ii.2

511.4

511.5

511.6

Street excavating, grading, subgrade preparation, base course paving and surface course. paving. installed. according to Borough. specifications.

If Required Bv Borouuh Council. Concrete curbing of the vertical type, the rolled curb or gutter type, or stabilized shoulder and drainage swale with no curbing installed according to Borough specifications, shall be selected by Borough Council prior to Final Plan approval. Where curbing is waived by Borough Council, such waiver shall be

curbing shall be provided at such time or ,times as Borough Council shall deem it .

Sidewalks and Walkwavs, If Required bv Borouuh Council. Concrete sidewalks or interior

specifications. When sidewalks are waived by Borough Council, such waiver shall be granted with the express understanding that sidewalks shall be provided at such time or times as Borough Council shall deem it appropriate.

granted with the express understanding that 5

" L

appropriate. or walkways installed according to Borough >

Sanitary sewer system improvements installed according to the specifications of the Borough, the Bath Borough Authority and the Pennsylvania Department of Environmental Resources.

Water supply and distribution system improvements installed according to the specifications of the Borough, the Bath Borough Authority and the Pennsylvania Department of Environmental Resources.

Storm drainage system improvements installed according to Borough specifications.

SALDO V-2

511.7 Monuments shall be installed:

511.7.1 Permanent stone or concrete monuments shall be accurately placed at the intersection of all lines forming angles and at changes in directions of lines in the boundary (perimeter) of the property subdivided.

511.7.2 Monuments shall be of reinforced concrete with minimum dimensions of four (4) inches by four (4) inches by thirty (30) inches or stone with minimum dimensions of six (6) inches by six (6) inches by thirty (30) inches. Concrete monuments shall be scored on top of the copper or brass dowel (with as. I indented cross); stone

. monuments -shall be -marked on top with a proper inscription. At a minimum, permanent pins shall be installed at all lot corners.

511.7.3 All monuments shall be placed by a Registered Professional Engineer or Surveyor so that the scored point shall coincide exactly with the point of intersection of the line being mounted.

511.7.4 Monuments shall be set with their top level with the finished grade of the surrounding ground, except:

511.7.4.1 Monuments which are placed within the lines of existirig or proposed sidewalks shall be so located (preferably beneath the sidewalks) that their tops will not be affected by lateral m o v e m e n t of t h e sidewalks;

511.7.4.2 Where monuments are located beneath . a sidewalk, proper access shall be provided for their use; and

SALDO V-3

511 - 7 . 4 . 3 Where sidewalks are existing, a stone point (a four (4) inch square chisel cut in the sidewalk with a drill hole in center) may be substituted for a monument .

4

511-8 Fire hydrants installed &according to the specifications of the Borough; fire hydrants in residential areas shall be a maximum of six hundred (600) feet apart. ,

Street lights and parking lot illumination in accordance with conditions to be agreed upon by the developer and the Borough Council.

511.10 Street signs installed according to Borough specifications.

511.11 Shade trees planted according to Borough

511.9

specifications. ! 1

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SALDO V-4

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I

520 Imnrovements Guarantee Procedure.

5 2 1 Before the Borough Council approves any Final Plan and as a prerequisite for approval, the developer shall deliver to the Borough Council a performance guarantee in the amount of one hundred ten percent (110%) of the cost of all improvements required by this Ordinance, as estimated by developer's engineer and approved by the Borough Engineer, in a form and with a surety approved by the Borough Solicitor, guaranteeing the construction and installation of all such improvements within a stated period, which shall not be longer than three (3) years from the date of Final Subdivision Approval. Upon written application signed by both the obligor and surety of a performance guarantee in a form approved by the Borough Solicitor, the Borough Council may, at their discretion, extend said period by not more than two (2) additional years or when the improvements have been partially completed, reduce proportionally the amount of performance guarantee, by motion or resolution. In the event of default under a performance- guarantee, the proceeds of the performance guarantee received by the Borough shall be used to construct and install the improvements.

522 Before the Borough Council approves any Final Plan and as a prerequisite .for approval, the developer shall deliver to the Borough Council a maintenance guarantee in an amount of not less than fifteen percent (15%) of the Borough Engineer's estimate of the cost of all improvements required by this Ordinance, guaranteeing that the developer shall maintain all such improvements in good condition for a period of eighteen (18) months after completion of construction and installation of all such improvements and approval of all such improvements by the Borough Council.

523 Indemnification, Bold Harmless and Insurance Reauirement.

523.1 Developer shall, prior to commencement of construction, provide to the Borough such indemnification and hold harmless guarantees as are deemed appropriate from time to time by Borough Council in consultation with the Borough Solicitor.

SALDO V-5

523.2 Other requirements of the above section' shall be secured with appropriate insurance coverages, naming the Borough, its offikials and employees, as additional insureds, in such form and amounts as are reasonably recommended

. by the Borough Solicitor, ' insurance consultant, or both.

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SALDO V-6

531

532

533

534

535

When the developer has installed or constructed all required improvements as set forth in Section 510, the developer shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Council shall, within ten (10) days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall thereupon file a report, in writing, with the Borough Council, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within thirty (30) days after receipt by the Borough Engineer of the aforesaid authorization fromthe Borough Council; said report shall be detailed and shall recommend approval or rejection of said improvements, either in whole or in part, and if said improvements,.or any portion thereof, shall not be recommended for approval by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.

The Borough Council, or Borough Manager in its stead, shall-notify the developer, in writing, by certified or registered mail, of the action of said Borough Council with relation thereto, within fifteen (15) days of receipt of the Engineer's report.

If the Borough Council or the Borough Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guarantee.

If any portion of the said improvements shall not be approved or shall be rejected by the Borough, the developer shall proceed to complete the same and, upon completion, the same procedure of notification as outlined herein shall be followed.

In the event that any improvements which may be required have not been installed as provided in this Ordinance or in accord with the approved Final Plan, the Borough Council is hereby granted the power to draw upon any security provided by developer by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough Council may, at its

SALDO V-7

option, install part of such impr nts in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete .the remainder of the improvements. All of the proceeds, whether resulting from the security or from-any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and related fees and costs, and not for any other Borough purpose.

SALDO v-a

e

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SECTION VI - ADMINISTRATION 600

n t s to the Subdivision and Land Development Ordinance shall becomereffective only a a public hearing vr held .pursuant to public notice he 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 BPC, the Borough Council shall submit each such amendment to the BPC for recommendations at least thirty (30) days prior to the date fixed for the public hearing on such proposed amendment.

SALDO VI-1

6 1 1 The decisions of the Borough Council with,respect to the approval or disapproval of Subdivision and Development Plans may be appealed directly to court in the sa,qe manner and within the same time *limitations as

. ' is I provided for zoning .'appeals - in Article X of the , Pennsylvania * * Municipalities Planning Code. .

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SALDO VI-2

620 Penalties . 621 Any person, partnership or corporation who or which, as

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 a subdivision or land development, whether by reference to or by other use of a plan of such subdivision or land development or otherwise, or erect any building thereon, unless and until a Final Plan 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, or shall attempt to sell, convey or occupy any lot, tract or parcel without first assuring that access is provided by a permanently passable street, in a mud-free condition, shall be obligated to pay a civil penalty 8- not exceeding One Thousand Dollars ($1,000.00) per lot or parcel or per dwelling within each lot ox parcel. For purposes of this paragraph, each day the violation occurs shall be deemed a separate violation. All penalties collected for such violations I

shall- be paid over to the Borough +Council. The description by metes and bounds in any transfer instrument shall not exempt the seller or transferor from such penalties or from the remedies herein provided.

In addition to the penalties set forth above, the Borough hereby reserves unto itself any and all other remedies available at law or in equity, including, without limitation, the rights conferred pursuant to Section 515.1 of the MPC.

622

SALDO VI-3

r 630 Conflicts.

631 Whenever there is a conflict between minimum standards or requirements set forth in this Ordinance and those contained,.in other Borough ordinances and re'@bhtions or 'other'applicable laws and regulations, themost stringent standard or requirement shall-apply.

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, . : \ . a . . . . . . , . . . . , - _ .. . . . . . . . 3 t . .

, . . . . . . . ,.. . . . . . ..

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SALDO VI-4

640 Fees and Escrows.

641 The Borough Council shall, ,establish, by motion or llection procedure and schedule of fees

paid by the developer at- the time of ibility, Preliminary and Final Plans.

ield inspections, plan reviews, the - development of subdivision agreements and 4 appropriate

amounts, and for assuring compliance by f Borough re irements, shall be established

I" < 1

. $ . *

by the Borough Council.

643 No Final Plan shall be recorded and no building permits shall be issued unless all fees, escrows and charges are paid in full.

SALDO VI-5

650 Variances. I 651

1 %

The BPC may recommend and t h e

h i s Ordinance

if, t h e cha

SALDO VI-6

,

660 Severabilitv.

661 If any portion or provision of this Ordinance is held to be unconstitutional or invalid by a court of competent

.- jurisdiction, that holding shall only affect that portion or provision' of the Ordinance. All other portions and provisions shall be held as valid and enforceable.

SALDO VI07

* SECTION VI1 - DEFINITIONS 700 Unless otherwise expr llowing terms shall,

have the meaning

Words in the singular include the plural and those in the plural include the singular.

7 0 1 I

702

703

704

3 705

i.

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 "shouldi8 and smay" are permissive; the words ?

j 5 qishall*i and "will" are mandatory and directive.

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SALDO VII-1

710 Other terms or words used herein shall be interpreted * defined as follows:

. -

or

Applicant - a landowner or developer, as hereinaf-er defined, who has filed an application for development, including his heirs, successors and assigns.

Authority - Bath Borough Authority. 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.

Borouqh - the Borough of Bath, Northampton County, Pennsylvania.

Borouab Council - the Borough Council of Bath Borough, Northampton County, Pennsylvania.

Buildinq , Accessorv - a detached subordinate building, the use of-which is-customarily incidental to that of the principal building, and which is located on the same lot as that occupied by the principal building.

Buildinq, Pr inc ipal - 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.

Buildincr, Setback Line - the line within a property defining the minimum required front yard distance between any building to be erected, and an adjacent right-of-way.

Clear Siqht Triancrle - an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.

Common Open SDace - 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.

Comprehensive Plan - the maps, charts and textual material adopted by the Bath Borough Council in accordance with the Pennsylvania Municipalities Planning

SALDO VII-2

Code designated, as a whole and in its several parts, as a Comprehensive Plan for the continuing development of the Borough of Bath.

- Cut - 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.

Desiunated MuniciDal Official (D.M.O. 1 - the Chairman of the Borough Planning Commission.

Double or Reverse Frontacre Lot - a lot extending between and having frontage on two (2) generally parallel streets with vehicular access from only one street.

Drivewax - a privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having frontage on the road. The access should be for the use of the property owner only. Under no circumstances will the driveway serve as an access road.

&ellinu Unit - any structure, or part thereof, designed to be occupied as living quarters as a single housekeeping * - ~ unit.

ment - a right-of-way granted, but not dedicated, fox. limited use of private land for a public or quasi-public

i . 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 '

Enuineer - a professional engineer licensed as such in the Commonwealth of Pennsylvania.

Erosion - the removal of surface materials by the action of natural elements.

, +

0

onsistent with the rights of the grantee.

Flood, One Hundred (1001 Year - the flood having a one percent (1%) chance of being equaled or exceeded in any

Flood Frinue - flood prone areas which are not designated as a regulatory floodway on the flood boundary and floodway map in the municipality's flood insurance study prepared by the Federal Insurance Administration.

Flood Plain - the area of normally dry land along a natural watercourse which is periodically inundated by water therefrom.

. given year.

0 SALDO VII-3

Floodwav, Reaulatorv - the channel of a watercourse and adjacent land areas that must be reserved in order to discharge the one hundred (100) year flood. The regulatory floodway is designated on the flood boundary and floodway map of the municipality's flood insurance study prepared by the Federal Insurance Administration.

ImDrovements - those physical additions and changes to the land that may be necessary to produce usable and desirable lots.

Joint Plannins Commission (JPCL - the Joint Planning Commission of Lehigh and Northampton Counties, Pennsylvania.

Land DeveloDmeat - any of the following activities: 1) the improvement of one (1) or more contiguous lots,

tracts or parcels of land for any purposes - involving:

. *_ . ., .

(ii)

a group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

the division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

2) a subdivision of land.

3) development with Section 503 (1.1) of the Municipalities Planning Code.

Landowner - the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than forty (40) years, or other person having a proprietary interest in land, shall be deemed to be' a landowner for the purpose of this Ordinance.

&& -. a parcel of land used or designed to be used by one (1) owner or use or structure or by a related group of uses or structures, and accessory uses or structures,

SALDO VII-4

including such open spaces as may be required with such use, structure or structures. This definition shall include a designated parcel, tract or area of land established by a lawful plat, or otherwise permitted by law, and to be used, developed or built upon-as a unit. A single parcel divided by a street, easement or other right-of-way shall not be deemed to be two (2) separate lots . Lot Area - the area contained within the property line of a lot (as shown on the Plan), excluding space within all streets and within all permanent drainage easements, but including the area of all other easements.

Maintenance Guarantee - any security which may be accepted by the Borough Council to insure that improvements will be kept in good condition for a period of eighteen (18) months after completion of construction and installation, including corporate bonds, escrow agreements, and other similar collateral or surety agreements.

Mobile Home Lot - a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of single mobile home.

Mobile Home Park - a parcel of land under sing ownership which has been planned and improved for the

? - . placement of two (2) or more mobile homes, occupied for

'pobi-le Home Stand - that part of an individual lot which -has been reserved for the placement of the mobile home, appurtenant structures or additions.

1

$! 'L' -. elling and for non-transient use.

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 copper or brass dowel and be at least thirty (30) inches in length.

Wulti-family Dwellinq - a building arranged, intended or designed to be occupied by three or more families living independently of each other's separate housekeeping units. The individual dwelling uni t s share a common access and a common yard area.

Official Plan - Sewase Facilities - a comprehensive plan for the provision of adequate sewage systems adopted by Bath Borough and approved by the State Department of a

SALDO VII-5

I

;1) Environmental Resources as provided by the Pennsylvania Sewage Facilities Act, and Chapter 71, Rules and Regulations promulgated thereunder.

Pavement Width (Roadwav) - the portion of a street right- of-way, generally paved, intended for vehicular use.

Performance Guarantee - any security which may be accepted by the Borough Council to guarantee that the proper construction for the approval of the Plan, including corporate bonds, escrow agreements, and other similar collateral or surety agreements.

Plan, Feasibility Review - an initial submission by the developer of maps and other materials analyzing the natural features of the site as they relate to. its development potential. The proposed concept for development of the tract is included in the submission.

Plan, Final - a complete and exact plan prepared for .. official recording as. required by this *Ordinance to define property rights, streets and other proposed improvements.

Plan, Preliminam - a tentative Plan, in lesser detail than a Final Plan, showing proposed streets and lot layout and such other information as required by this Ordinance.

Plannins Module for Land Development - a document to be prepared by the developer or subdivider, accepted by the Borough, and submitted to the Pennsylvania Department of Environmental Resources to provide proposed development data in order to supplement or revise the Borough's Official Plan for sewage facilities.

Resubdivision - any replatting or resubdivison of land, limited to changes in lot lines on approved Final Plans or Recorded Plans as specified in this Ordinance. Other replattings shall be considered as constituting a new subdivision of land. See also Subdivision.

Rfaht-Of-Way - the total width of any land reserved or dedicated as a street, sidewalk or for other public or quasi-public purposes.

Runoff - water that is derived directly from precipitation and passes over the ground into watercourses.

SALDO VII-6

9

Sanitarv Sewacre DisPOSal. On-Lot - any structure designed to treat sanitary sewage within the boundaries of an individual lot.

Sanitarv Sewacre Disposal. Public - the sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, serving Bath, operated by the Bath Borough Authority.

Sedimentation - 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 'I sediment . Siaht 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 be made from a point 3.75 feet abave the centerline of the road surface to a point 0.5 feet above the centerline of the road surface.

Slom - the face of an embankment or cut section; any ground whose surface makes an angle with the plane of

Slopes are usually expressed in a percent .. - ed upon vertical difference in feet per one hund (100) feet of horizontal distance.

1 4

izon.

Street - a strip of land, including the entire right-of- . -way (i.e., 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, viaduct 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:

-

. Arterial Street - a street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.

Collector Street - a street which, in addition to providing access to abutting properties, intercepts local streets to provide a route giving access to community facilities and/or other collector and arterial streets (streets in industrial and *

SALDO VII-7

commercial subdivisions shall generally be considered collector streets).

Cul-de-sac Street - a local street intersecting another street at one end, and tednating'in a vehicular turn-around at the other.

Local Street - a street used primarily to provide access to abutting properties.

Marcrinal Access Street - a local street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and control of intersections with the major street.

Service Street fAllevL - a minor right-of-way providing secondary vehicular access to the side or rear of two (2) or more properties.

~ ,Stonn-Drainaqe Systems - all facilities and features such as pipes, culverts, open channels, ditches, swales, stormwater detention facilities, etc . used to transmit or temporarily store surface water runoff.

- basins ,A ponds, ponding uctures or features used

to temporarily store rainfall and release it at a controlled rate.

Structure - any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

e

Subdivision - the division or redivision of a lot, tract or parcel of land by any means into two (2) or more lo ts , tracts or parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

Surveyor - a licensed surveyor registered by the Commonwealth of Pennsylvania.

Swale - a low-lying stretch of natural or man-made land which gathers or carries surface water runoff. )*

SALDO VII-8

Testincr On-Lot Sanitaw Sewer Svstems - soil tests and percolation ,tests conducted by the Borough Sewage Enforcement Officer in compliance with Chapter 73 of the Pennsylvania- Department of Environmental Resources Regulations in order to determine whether a permit may be issued for installation of on-lot sewage disposal system.

Tonsoil - surface soils and subsurface soils which presumably are fertile soils and soil materials, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the' A Horizon.

Watercourse - a natural or man-made permanent stream, river, brook, creek, channel, swale or ditch for water.

Water SUDR~V and Distribution Svstem, Centralized - a system for supplying and distributing water from a common

* source to two (2) or more dwellings and/or other buildings, generally serving a single land development, subdivision, or neighborhood and operated by a governmental agency,. governmental authority, public utility company or a developer.

Water SuPDlv and Distribution Svstem, On-Lot - a system for supply and distributing water to a single dwelling ar other building from a source located on the same lot

Water SUDP~V and Distribution Svstem, Public - the system for supplying and distributing water from a common source to dwellings and other buildings, serving Bath, operated by the Bath Borough Authority.

1

SALDO VII-9

APPENDIX "A"

DATE RECEIVED FILE/APPLICATION NO.

BOROUGH OF BATH

APPLICATION FOR FEASIBILITY. PRELIMINARY AND FINAL PLAN REVIEW

Title Owner Contract Purchaser or other equitable owner, - Authorized Agent hereby applies for approval of a

Final - Minor - Major - Subdivision - - The undersigned, as

Preliminary - Sketch - - - Resubdivision - Land Use Plan dated I 19-, Entitled:

for property located at in a Zone District consisting of acres shown on Lehigh County Tax Map No.(s) as .Blockis) Lot (s) and described in County Deed Book No.(s)

drge . If a corporation, list corporation's name, address and two (2)

OWNER(SL APPLICANTlSl officers :

NAME NAME ADDRESS ADDRESS

TEL. NO. TEL. NO.

ENGINEER, SURVEYOR OR PLANNER responsible for the preparation of the plan: NAME ADGRESS

A-1

lot(s) I acres of oper e The application proposes

space/recreation linear feet of roadway. Minimum lot size is or linear feet of street frontaie.

NOTE : TO facilitate an rite. and expeditious revieq? of your applicatipn, please be as thorough as possible' when completing this forni.

TYPE OF DEVELOPMENT PLANNED: - ily Detached - Number of Units

Single-Family Attached (Townhouses) - Number of Units Semi-Detached (Townhouses) - Number of Units - Multi-Family (Apartments) - Number of Units - Mobile Home Park - Indicate Number of Units on Appropriate Lines Above Commercial* '

8: Industrial* Land, Subdivision or Resubdivision Only

, *For Commercial or Industrial Development (Complete the following I S

Block') :**-

ADDITION/AMENDMENT TOTAL EXISTING/NEW

ft. ft. Building Height ft.

Parking Spaces SE

No. of Stories )aces

uoaalng spaces spaces % Building Coverage % Site Coverage

% %

% %

The following required material is attached (Where Applicable): - Subdivision Plan - 8 prints Soil Suitability Report - 4 copies

of the Planning Module for Land -

showing lot lines, setbacks,

and other information * easements and right-of-way Development. required by SALDO, S310, et seu.

I A-2

- Vicinity Sketch - 8 prints a at a scale of 1" = loo', showing all properties within 500 ' of the subject property (Use Tax Map).

- Existing and proposed top- agraphic site development plan - 8 prints, showing proposed buildings, driveway, parking areas, well and septic system locations,

- Soil Erosion and a Sedimentation Control Plan and Narrative - 8 copies.

- Landscape Plan - 8 copies.

- Drainage and stormwater management plan, if appropriate.

- List of Property Owners, Names and Addresses within 300' of the Subdivision,

- Letter of Title Certifying Owner of Record as of Date of Application.

LIST OF SUPPLEMENT MATERIAL SUBMITTED WITH THIS APPLICATION:

A.

L.

D. . <

FEE SCHEDULE AND ESCROW REQUIREMENTS:

A. Subdivision Review:

Feasibility Plan Review Fee - $

Preliminary Review Fee - $

Final Review Fee - $

PrelMnary/Final Review - $

Money in E s c r o w for Preliminary, Final or PrelWnary/Final Plans - S

A-3

l

B. Land DeVelODment Plan:

Review Fee - $

Land Development Escrow Fee - $

PLEASE WRITE SEPARATE CHECKS FOR THE REVIEW FEE AND MONEY IN ESCROW PAYABLE TO THE BOROUGH OF BATH.

FEE SUBMITTED HEREWITH: ESCROW SUBMITTED HEREWITH

$ Sketch

$ PrelMnary/Final

$ Resubdivision

I $ New Commercial Use

Check No. Check No.

Developer acknowledges that the money in escrow is for

performed by full-time Borough staff members, in processing the PrelMrkiury nd Final Plans . As soon as this escrow account decreases by fifty percent 5 0 % ) , the developer shall make payment in an amount necessary to fully

fund the, account. Upon the recording of the Subdivision Plan with the Recorder of Deeds and the payment of all Borough engineering, legal and other expenses incurred by the Borough, exclusive of work performed by full-time Borough staff members, the balance of the escrow account shall be refunded to the developer. Money held in escrow will not be returned until all invoices from the Borough Engineer and Solicitor have been received by the Borough and paid by the developer. The Solicitor's and Engineer's invoices are submitted to the Borough every thirty (30) days.

nt at the Borough's discretion for any and all engineeri ther expenses incurred by the Borough, exclusive of

' _. S IGNATURE S :

The undersigned represents that to the best of his/its knowledge and belief, all the above statements are true, correct and complete, and that he/it intends to be legally bound by the terms hereof.

The undersigned further represents that, except as otherwise specifically noted on the attached sheets, all proposed public improvements and facilities, as shown on the Subdivision or Land Development Plans, are to be improved, constructed and completed, or acceptable security shall be posted with the municipality in sufficient amount to cover full estimated cost of construction thereof, prior to a sale, transfer or any entry into

I A-4

agreement to ;ell or transfer any subdivided parcel or any land eelop m e n t as shown on the plan.

The applicant and/or authorized agent agrees to appear to present the application to any public body holding any public hearing or review session regarding the application.

FEASIBILITY PLAN

Date

Date

PRELIMINARY PLAN

Date

Date

FINAL PLAN

Date

Date

LAND DEVELOPMENT PLAN

Date

Date

P

Applicant's Signature

Signature of Applicant

Signature of Borough Planning Administrator

Signature of Applicant

Signature of Borough Planning Administrator

Signature of Applicant

Signature of Borough Planning Administrator

Signature of Applicant

Signature of Borough Planning Administrator

A-5

TAX PARCEL NO.

..t

PROPERTY O h R S WITHIN 300' OF PRO6OSED SUBDIVISION OR LAND DEVELOPMENT

\ '

. , . . .......... *.r., il' I_

. . . . . . . . . . , . . . -_ . . . . . . I .

OWNER AND ADDRESS

. . .

. . . . . . . I . .

..... , . c '. ,̂ . . . ,, * )I.... i-. . . . . ,.

... ~ .... ...-... .

.?t ... L. ' ..-P.. ' '

. . . . . ". .- ": ,. . , ~ .. ', * : .. , ,

. . . . .: 8 . . P ; ; . ' , i : . ! . . ............... r . .

....

. .

. -

A-6

. -p .-

APPENDIX B

STORM DRAINAGE RUNOFF CALCULATION

A. Rational Formula

1) The rational formula used in calculating runoff is Q=CIA. In this equation, Q is the peak runoff in cubic feet per second, C is a runoff coefficient which depends on the nature of the land cover, I is the intensity of rajnfall in inches per hour for a duration equal to the time of concentration for the drainage area involved and A is the watershed area in acres. The time of concentration is the time required for runoff from the upper reaches of the water- shed to reach the point for which runoff rates are being calculated.

B. Values of Coefficient "C"

1) Runoff coefficients used in the rational formula shall be based on the guidelines in the following table and acceptable to the Borough engineer.

RUNOFF COEFFICIENTS FOR THE RATIONAL METHOD 0 Type of Drainage Area Coefficient Source

Commercia 1 Downtown (also shopping

Neighborhood (also mixed 0.70 - 0.95 centers)

residential and commercial) 0.50 - 0.70

Residential Urban Single-Family Multi-Units

Suburban, Single family Garden Apartments Playgrounds Industrial Railroad Yards

0.30 - 0.50 0.40 - 0.80 0.25 - 0.40 0.50 - 0..70 0.20 - 0.70 0.50 - 0.90 0.20 - 0.35

I

Parks, Cemetaries, Golf Courses 0.15 - 0.30

Unimproved, with Vegetation 0.10 - 0.30

1

1

2 1

(continued)

B-1

Character of Surface

Pavement Concre t e o r Bituminous

Surface Treated Roadway Gravel, e a r t h , o t h e r

Concrete

Roofs

Lawns, Sandy S o i l F l a t , 2% or less Average, 2 t o 7% Steep, 7% o r more

Lawns, Heavy So i l F l a t , 2% o r less Average, 2 t o 7% Steep, 7% or more

Woods, Heavy Brush Gravel Sandy So i l Clay Soi l .

Bare, Cul t iva ted , or Light Growth

Gravel Sandy S o i l Clay S o i l

C o e f f i c i e n t Source

0.75 - 0.95 0.65 - 0.80 0.25 - 0.60 0.75 - 0.95

0.05 - 0.10 0.10 - 0.15 0.15 - 0.20

0.13 - 0.17 0.18 - 0.22 0.25 - 0.35

0.15 - 0.35 0.15 - 0.30 0.25 - 0.60

0.20 - 0.40 0.15 - 0.30 0.35 - 0.75

2 2 2

1

1 1 1

1 1 1

2 2 2

2 2 2

NOTE: Lower por t ions of ranges apply t o f l a t s lopes and open so i l s ; higher por t ions apply t o s teeper s lopes and t i g h t o r sha l low soi ls .

SOURCES: (applied w i t h some modif icat ions by G. Edwin Pidcock Co.)

1 - Design and Construction of Sani ta ry and Storm Sewers - prepared by a J o i n t Committee of American Society of C i v i l Engineers and t h e Water Po l lu t ion Control Federa- t ion . I

2 - Design Manual, P a r t 2, Chapter 12 Pennsylvania Department of Transportat ion.

B-2

C. Values of Rainfall Intensity "1"

1) Rainfall intensities to be used in the rational formula are as follows:

Frequency of Storm (Years)

10 L

5 Time of Concentration . - minutes

5 10 15 20 25 30 35 40 45 50 55 60

5.9 4.8 4.0 3.6 3.1 2.8 2.5 2.3 2.1 2.0 1.8 1.7

6.5 5.4 4.6 4.0 3.6 3.2 2.9 2.6 2.4 2.2 2.1 2.0

25 -

7.4 6.0 5.2 4.5 4.0 3.6 3.3 3.0 2.8 2.6 2.5 2.4

100 -

9.0 7.4 6.4 5.6 5.0 4.5 4.1 3.8 3.5 3.3 3.1 2.9

D. Average Velocities for Overland Flow

Engineers use several methods to determine the time of concen- tration for the drainage area in question. is reproduced here. presented in PennDOT's Design Manual are also widely used to determine the time of concentration. to the Borough Engineer may be used.

Seeleye's Nomograph The average velocities for overland flow

Any method acceptable

B- 3

u- -dl 0

OVERLAND FLOW TIME

The example shown involves a 200 foot flow length over an average grass surface with a slope of 4 percent. The time of concentration is found to be 15 minutes.

SOURCE: Elwyn E. Seelye, Data Book for Civil Engineers, Volume

I

One: Design, 3rd Edition, (New York John Wiley 6 Sons, Inc. 1-

B-4

E. Manning's Equation

1) Manning's equation to determine the velocity of flow in open channels and closed drains not under pressure is listed below. The second equation is used to determine the capacity after the velocity has been determined. I-

Q = va

v = velocity in feet per second. n = coefficient of roughness. a = cross-sectional area of flow in square feet. p = wetted perimeter, the length of the line of contact

between the'water and the bottom and sides of the channel or pipe around the cross-section in feet.

s = slope of the channel or pipe in feet per foot. q = capacity of the channel or pipe in cubic feet per

second.

The coefficient of roughness used shall be as follows unless different coefficients are approved by the Borough engineer.

2)

Corrugated Metal Pipe (Helical) Concrete Pipe Corrugated Metal Pipe or Pipe Arch (Annular) a. plain or coated b. paved invert

Vitrified Clay Pipe Cast Iron Pipe Brick Sewer Asphalt Pavement Concrete Pavement Grass Medians Earth Gravel Rock Cultivated areas Dense brush Heavy timber-little undergrowth Streams a. some grass and weeds-little or no brush b. dense growth of weeds c. some weeds-heavy brush on banks

.014-.024*

.012

.024

.019

.012

.013 ,015 . .015 .014 .05 .02 .02 .035 .03-. 05 .07-. 14 .lo-. 15

03-• 035 .035-.05 . OS-. 07

*Depending on the type of coating diameter and size of corrugations.

Note: In considering each factor more critical judgement will be exercised if it is kept in mind that any condition that causes turbulence and retards f l o w results in a greater coefficient of roughness.

Source: PennDOT Design Manual Part 2 Table 2.12.13.1

B-5

.

F. Maximum Stream Velocities in Open Channels

Material

Well established grass on good soil

Short pliant bladed grass Bunch grass-soil exposed Stiff stemmed grass

Earth without vegetation.

Fine sand or silt Ordinary firm loam Stiff clay Clay and gravel Course gravel Soft shale

Other

Bituminous or cement stabilized channels Paved channels

Maximum Velocity Feet per Second

4-5 2-4 2-3

,

1-2 2-3 3-5 4-5 4-5 5-6

6 io-is

B-6

I . APPENDIX C

I Type of Plan (circle one) Sketch P re l imina ry F i n a l

Name of Subdiv is ion

N a m e of p rope r ty owner Phone No.

Address

App l i ca t ion 0.

BATH BOROUGH Appl ica t ion f o r Subdiv is ion P l a n Review

N a m e of a p p l i c a n t ( i f o t h e r than owner)

Address Phone No.

Engineer or surveyor r e s p o n s i b l e f o r p l a n

Address Phone N o .

N u m b e r of l o t s proposed Total Acreage

Type o f development proposed (such as s i n g l e family housing, i n d u s t r i a l , commercial)

Zoning c l a s s i f i c a t i o n of p rope r ty >

t o be r eques t ed Zoning changes, i f gny , tk Type o f water supply proposed

Type o f sewage system proposed

L i n e a l f e e t o f new roads proposed

Y The undersigned r epgesen t s t h a t t o t h e best of h i s o r h e r knowledge, a l l of t h e above s t a t emen t s are c o r r e c t and complete. The a p p l i c a n t ag rees t o pay i n f u l l such review fees t h a t are charged as p e r Bath Borough Ordinance.

S i g n a t u r e of Owner o r App l i can t

D a t e

Acknowledgement o f Receipt of App l i ca t ion and Review Fee

Signa tu re of Designated Municipal O f f i c i a l D a t e

c-1

BOROUGH OF BATH PLAN REVIEW FEE SCHEDULE

TYPE OF PLAii REVIEW FEASIBILITY PRELIMINARY FINAL

(ApDlication Fee) [ADD. Fee) (Escrow) (ADP. Fee)

NO. OF LOTS/UNITS

1-3 $100 $100 + $ 300 $100

$250 $250 + $l,SOO $250 4-40

41+ $300 $250 + $2,100 $300

Industrial, Commercial & Institutional $250 $250 + $1,500 $250

Change in Lot Line $100 No Charge NIC .

"Payment shall be made by separate checks for Application Fee and for Escrow Account, payable to the Borough of Bath.

**Plans which meet the requirements of Section 280 of the Subdivision and Land Development Ordinance of 1978 as amended September 11,1989 and April 3,1995 will be subject only to the Final Application fee. However, the applicant is responsible for payment of any and all costs incurred by the Borough of Bath in excess of said fee upon final disposition of plan.

Money in escrow is for reimbursement at the Borough's discretion for any and all engineering, legal or other expenses incurred by the Borough in processing Review Plans. When the Escrow Account decreases by two -thirds, the applicant shall make immediate payment in an amount necessary to fully fund the Escrow Account, Upon final disposition of the Plan and the payment of all engineering, legal and other expenses incurred by the Borough, the balance remaining in the Escrow Account shall be refunded to the applicant. Money held in escrow will not be refunded until a1 invoices from the Borough Engineer and Solicitor have been received by the Borough and paid by the applicant. The Engineer and Solicitor invoices are usually submitted to the Borough on a monthly basis.

Adopted by resolution of the Bath Borough council on August 5,1985, pursuant to Section 641 of the Bath Borough Subdivision and Land Development Ordinance of 1978.

0

8

0

BEFORE THE BOROUGH COUNCIL BOROUGH OF BATH

NORTHAMPTON COUNTY, PENNSYLVANIA

ORDINANCE 2000- 534 (Duly Adopted February 7, 2000)

AN ORDINANCE AMENDING THE SUBDIVISION AND DEVELOPMENT ORDINANCE OF THE BOROUGH OF BATH BY ADDING PROVISIONS PERMITTING GROUNDWATER RECHARGE SYSTEMS AT DEVELOPMENT LOCATIONS IN WHICH THERE IS ADEQUATE SOIL SEPARATION BETWEEN FINISHED GRADE ELEVATION AND TOP OF BED ROCK ELEVATION.

: \

WHEREAS, The Borough of Bath is fortunate to be located in an area -

with abundant. subsurface water resources traversed by the Monocacy Creek; and

WHEREAS, the Monocacy Creek is a spring-fed Class A wild trout

stream dependent upon groundwater recharge for its continued pristine quality; and

WHEREAS, abundant devclopinent within the Monocacy watershed

threatens tlie viability of the stream; and

WHEREAS, the Borough desires to encourage the use of groundwater

recharge devices to promote the continuing viability of the Monocacy Creek.

NOW, THEREFORE, be it, and it is hereby ORDAINED by the

Borough Council of tlie Borough of Bath, that a new 4462.10 is added to the

Subdivision Land Development Ordinance of the Borough, to wit:

"Storm drainage facilities which enable g-oundwater recharge are encouraged. Before designing such storm water facilities, developer sliall provide data to the Borough Engineer to permit

a determination of the amount of soil separation between the proposed finished grade elevation and the known top of bedrock elevation. After a determination by the Borough Engineer that the soil separation is adequate, recharge devices should be designed by developer in accordance with Best Management Practices criteria maintained by the Borough Engineer. Recharge .devices shall not be permitted in areas deemed inappropriate for such devices by the Borough Engineer. "

Duly ORDAINED, this 7* day of February, 2000 by the Borough

Council of the Borough of Bath, in lawfiil session, duly assembled.

BOROUGH OF BATH

Attest: - U f & % Borough Council

Carl L. Rehrig, Secretary

AND NOW, this 7th day of February, 2000, the above ordinance is approved . e

L A ' A - k 9 * \ b O Elizabeih L. Fields, Mayor

0

0

5

e

BEFORE THE BOROUGH COUNCIL BOROUGH OF BATH

NORTHAMPTON COUNTY, PENNSYLVANL

ORDINANCE 2000- 534 (Duly Adopted.February 7, 2000)

AN ORDINANCE AMENDING THE SUBDIVISION AND DEVELOPMENT ORDINANCE OF THE BOROUGH OF BATH BY ADDMG PROVISIONS PERMITTING GROUNDWATER RECHARGE SYSTEMS AT DEVELOPMENT LOCATIONS IN WHICH THERE IS ADEQUATE SOIL SEPARATION BETWEEN FINISHED GRADE ELEVATION AND TOP OF BED ROCK ELEVATION.

I

..

WHEREAS, The Borough of Bath is fortunate to be located in an area - with abundant subsurface water resources traversed by the Monocacy Creek; and

WHEREAS, the Monocacy Creek is a spring-fed Class A wild trout

stream dependent upon groundwater recharge for its continued pristine quality; and

WHEREAS, abundant devcloprnent within the Monocacy watershed

threatens the viability of the stream; and .

WHEREAS, tlie Borough desires to encourage the use of groundwater

recharge devices to promote tlie continuing viability of the Monocacy Creek.

NOW, THEREFORE, be it, and it is hereby ORDAINED by the

Borough Council of the Borough of Bath, that a new $462.10 is added to the

Subdivision Land Development Ordinance of the Borough, to wit:

"Storm drainage facilities which enable groundwater recharge are encouraged. Before designing such storm water facilities, developer sliall provide data to the Borough Engineer to permit

1

BEFORE THE BOROUGH COUNCIL OF THE BOROUGH OF BATH, NORTHAMPTON COUNTY, PENNSYLVANIA

ORDINANCENO. *ool - 546

AN ORDINANCE AMENDING THE PROVISIONS OF THE SUBDIVISION AND LAND DEVELOPMENT ORDINANCE BY ADDING A NEW PART 317, “GRADING AND EXCAVATION REGULATIONS” AND 318 “GRADING AND EXCAVATION PLAN REQUIREMENTS”.

WHEREAS, the Borough Council of the Borough of Bath has adopted certain provisions

governing Subdivision and Land Development through the adoption of Ordinances

beginning in 1978, and subsequently comprehensively revised by Ordinance No. 477 on

April 3,1995 and thereafter by Ordinance no. 478 on April 3,1995, and;

WHEREAS, the Council now deems it appropriate to fbrther govern the elevations and grading

of properties within the Borough with the intent of fostering safety of the slopes of lawns,

roads, driveways, sidewalks, and other features for their intended uses,

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED AND ENACTED that the

following language shall be added to the provisions of the Subdivision and Land

Development Ordinance of the Borough of Bath, and that the remainder of the Ordinance

shall remain unchanged.

GradinP and Excavation Rwulations: Prior to issuance of a building permit or

commencement of new construction or excavation on any lot, the applicant shall

submit to the Borough Zoning Officer six (6) copies of the final plot, grading and

317

erosion and sedimentation control plan. The plah must be drawn at a scale of 1”

equals 20’. The plan must contain the information listed below, and any other

appropriate data deemed necessary to portray the conditions on the parcel. Design

of the grading plan shall divert open-face runoff away from principal buildings,

%

. . . . . . . . . . . .

driveways, walkways and on-lot sewage disposal systems. In the case where basic

grading provisions have been defined during site plan or subdivision plan approval,

the lot grading plan shall conform to those requirements. The grading plan will be

reviewed by and must be approved by the Borough Engineer prior to the issuance of

a building permit.

Grading and Excavation Plan Requirements: 318

A. Detail Required:

Plans submitted for review shall have at least the following detail:

1.

2.

3.

4. 5.

6.

7. 8.

9.

10

11.

12.

Property Lines defined by bearing and distances or curve data

Existing and Proposed Contour Elevation Lines at maximum interval of 2 feet. Spot elevations on first floor level of any structure, adjacent to any door, window opening to grade or Bilco-style basement door, primary and secondary on-lot sewage systems, finished street elevations at point of intersection of centerlines, intersection with gutters and at a maximum of 50’ intervals. (Other areas maybe deemed necessary by the Borough Engineer.) Bench Mark. North reference, easements and rights-of-way within or adjacent to said property. Location, sue and elevation of all existing or proposed storm drainage structures or swales within or adjacent to the subject property. Lot numbers of all adjoining lots and names of adjoining streets. Locations of all perc test holes, soil probes and wells and the location and dimensions of primary and secondary on-lot sewage disposal systems with isolation distances. I n the case of public services, the location of water and sewer laterals. Exact location and dimensions of any proposed structure, appurtenant structure, road or driveway, with tie-in dimensions to property lines. Building footprint with all wall dimensions necessary to lay-out shape of building. Street cartway and right-of-way lines shall be dimensioned. For corner lots, a parallel street and the clear sight triangle easement shall be shown. Location, site and detailed calculations of drywells, leech areas or other stormwater control measures, if required by the Borough Engineer. Erosion and sedimentation control6easures and sequence of operations.

- . - Y

e .

. ..

13. Engineer’s or Surveyor’s seal. 14. 15.

Six (6) copies of plot/lot grading plan must be submitted. Basement pump or foundation drainage system must be noted, if applicable. The method used to prevent road shoulder erosion, water entering onto neighboring properties and methods of discharging must be submitted.

16. Street address 17. Driveway grades and slope.

319 Grading and Excavation Plan Requirement Exceptions

The Borough Manager, Code Enforcement Officer, or Borough’s representative

responsible for the acceptance of plans and the issuance of building permits may

waive the plan requirements set forth in Section 318 and 319 after consultation with

the Borough Engineer under one or more of the following situations:

A. Pre-Established Pre-ExistinP Grades: The excavation and grading would

constitute minimal earth and soil disruption because the house, garage,

and/or street level for a driveway, parking lot, and lawn have already been

established, and no new grading pattern would be created through the

project, and the project does not otherwise constitute subdivision or land

development.

De Minimis Elevation ChanPe: The change in grade or elevation would be

less than 3% overall for the project, and there are no apparent karst hazards,

sink holes, environmentally sensitive areas on adjoining properties, no new

stormwater patterns would be established and runoff rate off the parcel

would not increase post-development, and the project does not otherwise

constitute subdivision or land development.

Improvement or Like Kind Exchange: The change in grade or elevation

would not impact on the post-development stormwater or erosion patterns

since the project is merely to pave an existing gravel drive, replace one

impervious surface with another, or one, pervious surface with another; the

excavation and removal of material or th;&ntroduction of fill material is

minimal, the project would not alter the pre-and post-development grade

more than 3% for the overall project, and the project would not otherwise

B.

C.

” .

constitute subdivision or land development.

Appeal of Non-Waiver of Plan Submission Requirement: In the event that the

Borough Representative refuses to waive the requirement for full grading

and excavation plan submission, the Applicant may appeal that decision

directly to the Borough Council sitting as a Committee of the Whole, as a

D.

Waiver Request, setting forth the specific'request and the reasons therefor in

writing to the Borough Council. An applicant may appeal a refusal of the

Borough Council to grant such waiver as any waiver request would be

appealed under the provisions of the Municipalities Planning Code.

This Ordinance shall become effective immediately.

ENACTED AND ORDAINED, into law by the Borough Council of the Borough of

Bath, Northampton County, Pennsylvania, this let Day of October ,2001.

BOROUGH OF BATH I

Jack Snydkr, President \

ATTEST:

& r - w Carl L. Rehrig, Secretary