OUCH OF NEWTOWN $ * * * * * * a& Subdivision Land Development e * sf;t

Ordinance #519 * w * * Enacted March 8. 1994 * I *

3'g~ Effective Date March 13, 1994 e * * d$h Amended February 9, 1999 * * * * Under Ordinance #579 w * * * + Amended May 11,1999 Under Ordinance #587 * * s& Amended June 12,2001 Under Ordinance #615 + * * * Amended September 10,2002 Under Ordinance #633 djk Amended June 14,2005 Under Ordinance #663 + * Amended January 11, 201 1 Under Ordinance #710 * * * Amended February 12, 2011 Under Ordinance #711

Code Enforcement Department 23 North State Street Newtown, Pa 18940

Borough of Newtown Subdivision/Land Development Ordinance

Ordinance #519 Enacted March 13, 1994

Effective Date March 13, 1994

Amended February 9, 1999 Under Ordinance #579

Amended May 11, 1999 Under Ordinance #587 Amended June 12, 2001 Under Ordinance #615

Amended September 10, 2002 Under Ordinance #633 Amended June 14, 2005 Under Ordinance #663

Amended January 11, 2011 Under Ordinance #710 Amended February 12, 2011 Under Ordinance #711

BE IT ENACTED AND ORDAINED by the Newtown Borough Council of the Borough of Newtown, Bucks County, Pennsylvania. and i t is hereby enacted and ordinance by the authority of the same:

ARTiCLE 1 Title, Purpose, Interpretation, and Separability

Section 100 An ordinance establishing rules, regulations and standards governing the subdivision

and land development of land within the Borough of Newtown, setting forth the procedures to be followed by the Borough Council and Borough Manning Commission in administering these rules, regulations and standards and setting forth the penalties for violations thereof.

, ' Section I01 Short Title This ordinance shall be known as 'The Newtown Borough Subdivision and Land

Development Ordinance."

Section 102 Pvrpose This ordinance is adopted for the following purposes:

A. To assist orderly, efficient and integrated development. B. To provide coordination of existing streets and public utilities with new facilities. C. To provide for efficient and orderly extension of community wvices and facilities. 73. To ensure conformance of land utilization with good planning criteria and in conformance with the Pennsylvania MunicipaIi ties Planning Code, and the New town Borough Zoning Ordinance. E. To promote the health, ~fe ty , and general welfare of the residents of the Borough of New town. F. To secure equitable handling of all subdivision an land development plans by providing uniform procedures and standards fbr observance by subdividers and by the Borough. G. To facilities the goals and comrnurii ty objectives as set forth in the Newtown Borough Zoning Ordinance.

Section 103 A. The provisions of the Ordinance shall be held to be the minimu requirements to meet the abovestated purposes. Where. the provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this Ordinance shall prevail. Where the provisions of any sta turet other ordinance. or regulation impose greater resbictions than those of this Ordinance, the provisions of such statute, ordinance or regulation shall prevail.

, B. This Ordinance does not repeal, abrogate, annul or any way impair or interfere with existing provisions or other laws or ordinzpces, except those speafically or explid tly repealed by this Ordinancet or any rest~ictions placed upon property by covenant deed or other private agreement unless repugnant hereto.

C. From and after the effective date of this Ordinance, any subdivision or land development for which application is made shall be in conformity with this Ordinance and all standards and specifications adopted as part of such Ordinance.

Dm NO parcel containing any deed restriction or previous plan restriction forbidding subdivision of that parcel may be further subdivided.

Section 104 Separabiiity It is hereby declared to bc the lcgislativc intent that:

A. If a court of competent jurisdiction declares any provisions of this Ordinance to be invalid or k ineffective in whole or in part, the effect of such decision shall be limited to those provisions

which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Ordinance shall continue to be separately and fully effective.

B. If a court of competent jurisdiction finds the application of any provision or provisions of this Ordinance to any lot, building or other structure, or tract of land, to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be affected.

Section 105 ' Repealer .

Newtown Borough Ordinance No. 333 and all amendments thereto shall be repealed upon enactment of this ordinance.

ARTICLE II: AppIicability and Penalties

Section 200 Effect of Ordinance and Applicability

A. This ordinance requires that all plans for the subdivision or deveIopment, as defined herein, - of land lying in the Borough of Newtown be submitted for approval to &Borough Council of Newtown AII such plans shall be reviewed by the Newtown Borough Planning Commission and the Bucks County Manning Commission and any other reviewing agencies specified by this Ordinance prior to submission to Borough Council. It shall be unlawful for the owner or any other person, firm or corporation owning or controlling any land in the Borough, to subdivide any lot, tract, or parcel of land, or to lay out, construct, open or dedicate for public use or travel . any street, sanitary or storm sewer, drainage facility or other facility in connection therewith, for the common use of occupants of buildings located within the subdivision or land development, unless:

1. final plans of such subdivision or land development shall have been prepared in accordance with all licensing laws of the Commonwealth of Pennsylvania;

2. final plans of such subdivision or land development have been submitted to and approved in writing thereon by the President and Secretary of the Newtown Borough Council;

3. final plans of such subdivision or land development have been reviewed and signed by the Bucks County Planning Commission;

4. final plans of such subdivision or land development have been recorded in the Bucks County Recorder of Deeds Office in DoyIestown, Pennsylvania; and,

c 5. the improvements required by the Borough Council in connection therewith have either been constructed or the Borough Council has been assured of proper completion by the deposit of funds or securities in esmow, sufficient to cover the cost of thc required improvements, as determined by the methods set forth herein.

B. Before the approval of a subdivision or land development plan by the Borough, the . applicant shall subrni t a copy of the proposed plat to the Bucks County Planning Commission

and the Commission may make a report thereon to the Borough of Newtown. If the Bucks County Planning Commission wishes to submit a report to Borough Council, such report must be submit fed to the New town Borough Planning Commission within thirty (30) days of the submission of the plat to the Bucks County Planning Commission or within such further time as may be agreed by Borough Counal.

Section 201 Penalties

A. In addition to other remedies, the Borough may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instmmentof transfer or other documents used in the process of selling or transfemng shall not exempt the seller or transferor from such penalties or ,

from the remedies provided herein.

B. The Borough may refuse to issue any pennit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of an ordinance adopted pursuant to the Pennsylvania Municipalities Planning Code, Act 247, as amended. This authority to deny such a permit or approval shall apply to any of the following applicants: (1) the owner of record at the time of such violation; (2) the vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the

viola tion; (3) the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the viola tion; (4) the vendee or lessee of the cunent owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation. As an additional condition for issuance of a permit or the granting of an approval to arty such owner, current owner, vendee or lessee for the development of such real property, the Borough may require compliance with the - conditions that would have been applicable to the property at the time that the applicant .--'.

acquired an interest in such property. ,:e .

C. Sale of lots; Issuance of buiIding permits; Erection of buildings:

1. No lot in a subdivision may be sold nor any improvement constructed thereon, and no permit to erect, alter or repair any building upon land in a subdivision or land development may be issued unless and until the improvements required by the Borough Coundl in connection therewith have either been constructed or guaranteed as hereinafter provided; and the subdivision or land development plan has k n approved by the Borough Coundl and recorded in the Bucks County Recorder of Deeds Office.

2. No building in a subdivision or land development which depends upon the improvement of any street or streets herein provided for, for ingress and egress, shall be permitted to be occupied before improvements are substantially completed from a now existing paved street to and across the fkont of the land on which the building is located, and/or to a sufficient depth dong the side of the land to service any driveway, or parking spaces, or in the case of streets of insufficient width, until such widening of said street has been completed.

. .

3. No building depending upon public water and sewer facilities, shall be permitted to. . . .. be occupied before such facilities are fully provided and operational.

D. Any person, parhership, or corporation who shall vio1ate.any of the provisions of this Ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced

: by the Borough, pay a judgment of not more than $500 plus aIl court costs, induding reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuaht to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate viola tion unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall-be deemed to have been only one kch violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.

MTI[CLE Definitions

Amended February 9,1999 by Ordinance 579 Section 300 GENERAL

A. Unless otherwise expressly stated, the following terms s h d for the purpose of this ordinance have the meanings given herein*

B. For the purpose of this Ordinance, words and t e r n used herein shall be interpreted as follows:

1. Words in the present tense indude the future. 2. Words used in the singular include the plural, and words in the plural include the

singular. . - 3. The word "person," "subdivider," "owner," or "applicant" includes a corporation,

association and a partnership as well as an individual. 4. The word 'lot" includes "plot" and "parcel." 5. The word ' Todss ion" and the words "Planning Commissionn always mean the

Newtown Borough Planning Commission. 6. The word "muniapaliy' and the word "Borough" always mean the Borough of

New town. 7. The words "zoning ordinance" always refer to the Zoning Ordinance of the Borough of

. - Newtown, ordinance 503 as amended. . -I

8. The word "street" includes "road", 'lane", "avenuen, and "highwayn and shall mean-". the whole or any part thereof, and shall include bridge or culvert, cartway, gutter, curb, sidewalk, and the whole .legal width of the right-of-way.

9. The words "shall" and "willt' are mandatory; the word 'fmay" is pamissive.

Agent: Any persons other than the subdivider or land developer who, acting for the subdivider or land developer, submits to the Borough subdivision or land development p l k for the purpose of obtaining approval thereof.

W e y : A right-of-way providing secondary vehicular access to the side or xear of two or more . properties.

Applicant: A land owner or developer, as hereinafter defined, who has filed an application for " subdivision or land deveIopment, including his heirs, successors or assignees.

Application for D evelopmenk Every application, whether preliminary or find, required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plan or for the approval of a land development plan.

Berm: Earth piled above the surrounding grades, typically used to either direct rainfall or to provide a visual screening. '

Blodc: An area bounded by streets, or by a combination of streets and public parks, open space, railroad rightof-way, or boundary lines of the Borough.

Building: A structure having a roof which is used or intended to be used, for the shelter or enclosure of persons, animals, or property. The word "building" shall include any part thereof.

Building Line, Front The line parallel or concentric to the street right-of-way line at a distance .

therefrom equal to the depth of the front yard required for the zoning district in which the lot is located.

Building Line, Rear: A line parallel to the rear lot line at a distance from the rear lot line equal to the depth of the minimum rear yard required.

Building Line, Side: A line parallel to the side lot line at a distance therefrom equal to the depth of the minimum side yard required.

Cutway: That portion of a street or alley intended for vehicular use. Clear Sight Triangle: A triangular shaped area of land established at street intersections in

which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. ' :

Contour: An imaginary line shown on a map, plan, etc., which connects points of common gradelelevation. -

Cross-walk ar interior walk: A right-of-way or easement for pedestrian travel across or kithin a block.

Cul-de-sac: A street with one end open for public vehicular and pedestrian access, and the other end terminating in a vehicular turnaround.

Design storm : The magnitude of predpi tation from a storm event measured in probability of occurrence (i.e, 50-year stom) and duration (i.e., 24-hour), and used in computing s tormwater management control systems.

Developer: Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision or land development.

Development: Any manmade change to improved or unimproved real estate, induding but not limited to buildings or other structures, the placement of mobile homes, streets and o ther pavhg, utilities, mining, dredging, filling, grading, excavation, or drilling operations.

D ~veloprnent P l m The provisions for development including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" shall mean the: written and graphic materials referred to in this definition. . .:. ,.' ,

B is chug e : Flow born a culvert pipe, channel, etc. For s t o m drainage purposes, it is typically expressed in cubic feet per second (cfs).

Drainage Facility: Any ditch, gutter, pipe, culvert, s tom sewer, basin or shucture designed, intended or constructed for the purpose of diverting or controlling surface water from, or carrying surface waters off, streets, public rightsof-way, parks, recreation areas, or any part of any subdivision, land development or contiguous land areas. -

Driveway: A minor vehicular access between a street and a parking area or garage within a lot or property.

Dwelling: A building designed for and occupied exclusively for residential purposes, excluding hotel, motel, boarding house, tourist home, institutional or nursing home, guest houses, bed and breakfast, or residential dub.

Easement A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, the Borough or other governmental authority, or another person or entity.

Erosion: The removal of surface materials by the action of natural elements. Grade : The elevation of the ground surface below sea level. The slope of a street other public

way, land area, drainage facility, or pipe, specified in percent. Half or Partial Street: A street parallel and adjacent to a property line having a lesser right-

of-way width than required for satisfactory improvement and use of the street. Head wall : A structure, typically conae te, located at the beginning and/or end of a pipe run. It

serves several purposes, including securing the end of the pipe, retaining the earth behind and on top of the pipe, directing or diverting the flow of water, protection of the area immediately adjacent to the structure from erosion, etc.

Impervious Surface: Surfaces which do not absorb water, including all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete, asphal t and packed stone, and any other areas determined to be impervious by the Borough Engineer.

i Improvements: Those physical additions, instaltations, and required changes such as streets,

curbs, sidewalks, water mains, sewers, drainage facilities, public utilities, driveways,

parking areas, and other appropriate items required to render land suitable for the use proposed.

Inlet : A sh-ucture topped with a grate, typically used to collect surface runoff and convey it into an underground piping network

Invert : The lowest internal elevation on a pipe, manhole, inlet etc. Land Development: 1. The improvement of one or two or more contiguous lots, tracts or parcels of

land for any purpose involving: (a) a group of two or more residential or nonresidentid buildings, whether propod initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or (b) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, bullding groups or other features; but not including the following: the addition of a nonresidential accessory building of 500 square feet or less to be used for stoage or other incidental purposes and which does not create the need for more . than 3 additional parking spaces under the terms of the Borough Zoning Ordinance.

2. A subdivision of land. Lot: A designated parcel, tract or area of land established by a plat or otherwise permitted by

law and to be used, developed, or built upon as a unit. t o t area: The area contained within the property lines of a lot, as shown on a subdivision plan,

excluding any area within an &sting or future right-of-way and within permanent drainage easements, but including the area of al l other easements.

Manhole : A structure where pipes change direction and/or size. A storm manhole equipped with a slotted lid which can be us& to collect surface runoff.

Owner: The owner of record of a parcel of land. . Parking Space: An open space or a garage on a lot used for parking motor vehicles, and to which

there is access from a street or alley. Permeability : The measure of the rate of water moving through a soil. Plan, Final: A complete and exact subdivision or land development plan, prepared as for . .

offiaal recording, to define property rights and proposed streets and other . . ...

improvements. Plan, Preliminary: A subdivision or land development plan showing all those items required by

. this Ordinance *d prepared as a basis for consideration prior to the preparation of a final plan.

P h , Recorit: An exact copy of the approvkd final plan on opaque linen of standard size prepared for necessa'y signatures and recording with the Bucks County Recorder of Deeds.

Plan, Sketch: An informal presentation of a proposed land development or subdivision which may be discussed with the Planning Commission prior to a formal application for subdivision or land development.

Rainfall intensity : A measurement of the amount of rainfall expressed in inches per hour. It is dependent on the duration of the rainfall and the storm frequency.

Retention basin : A basin or pond containing a permanent p o l of water, designed to retard stormwater ntnoff by retaining the water and releasing it slowly into the ground and/or a natural water course at a controlled rate.

Reverse Frontage Lot A lot extending between and having frontage on a major street and a minor street with vehicular access solely from the latter.

Review: An examination of a plan to determine compliance with this Ordinance, the Zoning Ordinance, and other per tinen t requirements.

Right-of-way: A ship of land occupied or intended to be occupied by a sheet, alley, crosswalk, sanitary or storm sewer, stream, drainage ditch, or for any other use, including that

area deemed necessary by Borough ordinance to accommodate future sheet improvements. Every right-of-way hereafter established and shown on a final record

. plan is to be separate and distinct from lots or parcels adjoining such right-of-way and . not included with the dimensions of areas of such lots or parcels.

Right-of-way, Future: The right-of-way width required for the expansion of existing streets to accommodate future traffic loads; or, a right-of-way established to provide future '

access to or through undevdoped land. Rip Rap : Rough, broken stone, typically placed at a point of discharge, of stormwater, u& to

prevent erosion. Runoff: That part of precipitation which flows over the land. Runoff coefficient The percentage of precipitation that appears as direct mnoff S edhentation: The process by which mineral or organic matter is arcusnula ted or deposited by

moving wind, water or gravity. Once this matter is deposited (or remains suspended in -

water), it is referred to as sediment. Sewage Facility: Any sewer, sewage system, sewage treatment works or part thereof designed,

intended or cowtructed for the collection, treatment or disposal of liquid waste, including industrial was teae.

Sight Distance: The length of roadway, measured along the centerline, which is visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.

Slope: The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are expressed in a percentage of vertical distance per hundred feet of-horizontal distance.

street: A public or private way used or intended to be used for passage or travel by vehicle! and pedestrians and to provide access to abutting properties.

Skeet Line: The dividing line between the street and the lot. The street line shall be the &me '

as the legal right-of-way line or, where established by Ordinance or other means,. the fume right-of-way line.

S t o m £re quency: A historical record categorizing rainfall events based upon their intensity. Typically expressed in terms of how of ten that particular intensity can be expected to occur, (i.e., probability of occurrence) such as 10-year storm (10% chance to occur at least once a year), 50-year storm (2% chance to occur at least once a year), etc.

Structure: A man-made object or improvement having an ascertainable stationary location on land or in the water, whether or not affixed to the land, but not including poles with basketball backboards and hoop, swing sets with two (2) or fewer seats and one (1) or fewer slides, poles with dotheslines (including umbrella types), poles with bixdfeeders, flagpoles, awnings with poIe supports, and mailbox posts only.

Sub division: The division of a lot, tract, or parcel of land by any means into two (2) or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the - purposes, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development.

Swale: A low lying stretch of land which gathers or carries surface water mnoff. Tree Protection Arez An area that is radial to the trunk of a tree. The tree protection area

shall be fifteen feet from the trunk of the tree to be protected, or the distance from the trunk to the dripline, whichever is greater. Where there is a group of t~ees, the tree protection area shall be the aggregate of the protection areas for individual trees.

Waiver: A modification of the requirements of this Ordinance, as defined and regulated by Section 500 of this Ordinance.

Water Facil ie . Any water works, water supply works, distribution sys tern or part thereof designed, intended or conshucted to provide or distribute potable water.

Water table: The elevation, below grade, at which the soil is saturated with water.

Wetlands: Tho* areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under norrnal conditions do support, a prevalence of vegetation typically adapted for life in saturated soils conditions; or those 'areas of lands defined as wetlands in either 1) The United States Army Corps of Engineers Wetlands Delineation Manual; or 2) The Pennsylvania Department of Environmental Resources Wetlands Identification and Delineation, Chapter 105 Dam Safety and Waterways Management Rules and Regulations.

Woodlands: Areas, groves or stands of trees with a continuous canopy covering an area of one- quarter acre or greater.

Yard: A space open to the sky on the same lot with a building or structure which is unoccupied except for accessory uses or structures to the extent specifically permitted by this Ordinance, and extending along a lot line or a street line inward to the principal use or structure. The size of the required yard shall be measured at the shortest distance between any part of the structure and a lot line or street line.

~ront ~ k d : The open unoccupied space between the f&t building Iine and the street right-of-way line for the full width of the lot.

Side Yard: The open unoccupied space extending from the front yard to the rear yard between the side building line and the side lot line.

.- . Rear Yard: The open unoccupied space between the rear building line and the reax lot line for the full width of the lot.

ARTICLE TV Procedure for Subdivision and Land DeveIopment

Section 400 General

A. In order to discharge the duties imposed by law, the Newtown Borough Council has adopted ' : -

the following procedures which shall be observed by all applicants for subdivisions and/or . ...

land developments.

B. A sketch plan or informal plan may be submitted to the Borough for review at any time. The purpose of such plans is to afford the applicant an opportunity to consult informally with the Planning Commission before the preparation of the formal preliminary plans and formal .

application for approval.

Section 401 PreXiminary Plan Procedure for Subdivisions or Land Development PIans

A preliminary plan will be required for all subdivisions and Iand developments in the Borough of Newtown. The preliminary plan and all information and procedures relating thereto shall be in compliance with the applicabIe provisions of the Newtown Borough Zoning Ordinance and this Ordinance. The requirements of preliminary plans are set forth in Article W of this Ordinance. The procedure for preliminary plan approval is as follows.

A. The applicant prepares a preliminary plan and application. The applicant submits copies of the preliminary plan and application to the Borough at least thirty calendar days in advance of the New town Borough Planning Commission meeting.

1. The application shall be made on forms available at the Borough office and shall be received by Zoning Officer at the Borough office.

2. The application shall be accompanied by a statement from the appropriate agency indicating that the proposed subdivision or land development will be served with public water.

3. The application shall be accompanied by a statement from the appropriate agency indicating that the proposed subdivision will be served with public sanitary sewers.

4. The application shall be accompanied by a specified fee and deposit. Such fees shall include the reasonable and necessary charges for the Borough engineer and other professional consultants to review the plans, in accordance with a fee schedule set by resolution of the Borough Council.

5. The application shall be accompanied by 19 sets of the preliminary subdivision and/or land development plans and data prepared in accordance with this Ordinance. If a Zoning Hearing Board decision is being sought, six additional p1,a.n copies shall be submitted.

8. Upon submission of a preliminary plan, the Zoning Officer shall determine if the application is complete and accept the application or determine if the application is incomplete and shall not accept the application.

C. Tke Borough shall distribute copies of the preliminary plan, data, and application to Borough Council, Borough Planning Commission, Borough Engineer, Borough Fire Marshal, Borough Solicitor and Borough files. Amended Feb~ua y 9, 1999 by Ordinance 579

D. The applicant shall be responsible for distributing plans, fees, and application forms to the other appropriate agencies having jurisdiction including but not limited to the water company,

sewer authority, and the Bucks County Department of Health The Borough will submit plans to the Bucks County Conservation District and the Bucks County Planning Commission provided that the applicant provides the Borough with all necessary fees and application forms required by these agencies. Further, applicant shall deliver written notice by regular mail to all persons who shall own property with two hundred fifty (250) feet of any property which -

shall be the subject of an application before the Borough Planning Commission The notice shall advise that a submission has been made regarding the specific property and that information regarding the hearing date may be obtained from the Borough offices. A copy of the notice shall be submitted with the application. Amended February 9,1999 by Ordinance 579

E. The Borough Engineer, following receipt of the plans from the Borough, shall: 1. Review all asps ts of the plan submission including aIl engineering considerations

and compliance with Borough ordinances. In his review, the Borough Engineer shall determine the adaptability of the project to borough design standards and shall apply such judgment and specification interpretation as may be necessary to clarify the intent of all engineering considerations.

2. Prepare a report for the Planning Commission and Borough Council.

F. The Borough Fire ~arshal , following receipt of the plans from the Borough, shall: 1. Review, a l l aspects of the plan submission as it pertains to, induding but not limited . to, emergency and fire protection concerns, fire lanes, hydrants, vehicle access and compliance with a l l Borough ordinances as the same relate to fire and emergency protection. 2. Repare a report for the Planning Commission and Borough Cound. Added Febma y 9, 2999 by Ordinance 579

G. Following receipt of the complete plan submission, the Borough Planning Commission shall: I. Receive and review the applicant's submission; '

2. Listen to applicant's presentation; and,

3. Receive and review the report by the Bucks County Planning commission, and other agencies or persons submitting a report;

4. Receive and review the report by the Borough Engineer;

5. Discuss submission with the applicant.

H. Following a review of the applicant's submission, and discussion of the submission with the applicant, the Planning Commission shall:

1. Evaluate the applicant's submission and presentation, the County Planning Commission's Report and the Borough Engineer's Report;

2. Determine whether the preliminary plans meet the objectives and requirements of this Ordinance and the Borough Zoning Ordinance. No recommendation will be made on the plan application until any variances or special exceptions needed for compliance with the Borough Zoning Ordinance have been granted by the Borough Zoning Hearing Board.

3. Submit a report on the plan for use by the Borough Council, such report to be contained within the Commission's regular minutes or as a separate report at the discretion of the Planning Commission.

The Planning Commission shall carefully study the practicability of the preliminary plan taking into consideration the requirements of the community and the best use of the land being developed and/or subdivided. Particular attention will be given to the arrangement, location and width of streets, their rela tion to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, and the ~ L X ture development of adjoining lands as yet wubdivided. : .

I. Following receipt of the Borough Planning Commission's report and within ninety (90) days .. following the date of the first regular Planning Commission meeting which follows the date the application is filed, the Borough Council shall:

1. Receive and review the applicant's submission, listen to the applicant's presentation and dixuss the project with the applicant;

2. ~&eive and review the reports by the Planning Commission, the Bucks County Planning Commission, the Borough Engineer, and other agencies or officials who have submitted a report;

3. Evaluate the applicant's submission, presentation, the discussion with the applicant, the Borough Engineer's report and the Planning Commission's report;

4. Determine whether the preliminary plan meek the objectives and requirements of this Ordinance;

5. Express its approval of the plan, stating the conditions of such approval, if any, or its disapproval, stating the reasons therefor. If the Borough Council attaches conditions to the approval of any plan, the applicant must accept and agree to all such conditions or the plan will be denied based on non-compliance with ordinance requirements. If a preliminary plan is conditionally approved as aforesaid, it shall not be given final approval by the Borough . Council until alI conditions are met and corrected on the final plan.

6. Within fifteen (15) calendar days following the decision, the Borough Coundl shall communicate in writing to the applicant:

a. The specific changes, if any, they will require in the plan.

b., The character and extent of the required public improvements.

c. The amount and terms of the performance bond or other security which the Borough Council will require, among other conditions in the public interest, and prerequisites to the approval of the final plan to be submitted subsequently.

7. Failure of the Borough Council to render a deasion and communicate it to the applicant within ninety (90) days following the receipt of the application and in the manner required by the PennsyIvania Municipalities Planning Code (Act 247, as amended) shall be deemed an approval of the application in tenns as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of the presentation of communication of the decision; in which case, failure to meet the extended time or change in manner of the presentation of communication shall have like effect.

Section 402 Find Plan Procedure

A final plan shall be submitted conforming to the changes recommended during the preliminary plan procedure. The final plan and all informa tion and procedures relating there to shall, in all respects, be in compliance with the provisions of this Ordinance and the Zoning

Ordinance of the Borough of NewtownRequirements for final plans for subdivisions iind land deveIopments are set forth in Artide VII of thiS Ord' inance. .

Procedure for the approval of the final plan shall be identical to the procedure outlined in Section 401 of this Article for preliminary plans.

If approved, two exact copies of the approved final plan on linen shall be submitted for signatures as set forth in this Ordinance.

Section 403 Recording of Final Plan A. All final plans shall be submitted for signature by the Borough Council within thirty (30) days after all conditions of final approval, if any, have been satisfied or the approval shaU lapse and bemme void. The find plan as approved and signed by the Borough Council shall, within ninety (90) days of the date the final plan is signed by the Borough CounciI, be recorded .

by the applicant at his expense in the Office of the Recorder of Deeds of Bucks County. Plans submitted for recording with the Bucks County Recorder of Deeds shall officially note that the plans have been received by the Buck County Planning Commission. The applicant shaIl notify the Borough Coundl in wdting of the date of such recording and the plan book and page - wherein such subdivision or land deveIopment plan is recorded. If the plan is not recorded within the ninety (90) day period, the approval shall lapse and k o m e void. The Borough Council may extend the ninety (90) day period upon written application by the applicant. .

Amended Februa y 9, 1999 by Ordinance 579 B. Effect of Recordinrr

1. After a s&division or land development &i.n.has been duly recorded, the streets, parks and other public improvements shown thereon shall be considered to be a part of any Official Map which is adopted by the Borough in accordance with Axtide N of Act 247.

2 Streets, parks and other public improvements shown on a subdivision or land development plan to be recorded may be offered for dedication to the Borough by formal notation thereof on the plan or the applicant may note on the plan that such improvements have not been offered for dedication to the Borough.

3. Every street, park or other improvement shown on a subdivision or land development plan that is recorded shall be deemed to be a private street, park or improvement until such time as it has been offered for dedication to the Borough and accepted by resolution and recorded in the Bucks County Courthouse or until it has been condemned for use as a public street, park or other improvement.

-4. All expenses and costs of maintaining all improvements prior to dedication including, but not limited to, snow plowing shall be the responsibility of the developer.

Article V Design Standards

Section 500 Application

A. The following subdivision and land development principles, standards and requirements will be applied by the Borough Council in evaluating plans for proposed subdivisions and land " d evelopmenis.

B; The standards and requirements outIin&d herein shall be considered minimum standards and requirements for the promotion of the public health, safety, morals and general welfare.

. . . . . .

C. Where literal compliance with the standards specified herein is clearly impractical, the Borough Council may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objecf ves of these regulations.

All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the ordinance involved, and the minimum modification necessary. The request for modification may be referred to the planning commission for advisory comments.

Section SO1 General Standards

A. All portions of a tract being subdivided or developed shall be taken up in lots, -streets, public' . " 'lands or other proposed uses so that remnants and landlocked areas shall not be created. ..'

B. Reserve strips controlling access to lots, rights-of-way, public lands or adjicent .. ". private lands are prohibited.

C. In general, lot Iines shall follow municipal boundary lines rather than cross them.

D. Developers are required to preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks.

E. Subdivisions and land developments shall be laid out so as to avoid the necessity for excessive cut or fill.

F. Improvement construction requirements shall be completed under the Construction Speafications of the Borough of Newtown, the specifications of the Pennsylvania Department of Transports tion, Department of Environmental Resources, the Bucks County Conservation District, or other appropriate agencies or specifications included herein, whichever shall result in the most restrictive interpretation of this ordinance and which standard exacts the highest quality.

Section 502 Streets

A, General Standards

1. Proposed streets shall further conform in all respects to the Official Map of the Borough of Newtown, or to such other street plans or parts thereof as have been officially prepared and adopted.

2. Proposed streets shall further conform to such couniy and state street and highway plans as have been prepared, adopted and/or fiIed as prescri'bed by law and to the requirements of a general plan of the area as developed.

3. Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage and suitable building sites.

4. If lots resulting from original subdivision are large enough to pexmit further subdivision or if a portion of the tract is not subdivided or proposed for development, adequate street rights-of-way to permit further subdivision or development shall be provided.

* 5. Deadend streets shall be prohibited except as stubs to permit future street extension

into adjoining tracts, or when designed as culde-sacs.

6. ~ h i b streets greater in length than one lot depth shall be provided with a temporary - turnaround to the standards required for cul-de- sacs or shall be paved to the full width of the

right-of-way for the last seventy-five (75) feet of their length.

7. Streets that are extensions of or obviously in alignment with existing sheets shall bear the names of the existing streets. Street names shall not be repeated within the Borough or adjacent areas, and a11 street names shall be subject to the approval of the Borough Council.

8. ?rivz!e streets 2zre prohibited.

B. CuI-de-Sac Streets

1. A permanent or temporary cul-de-sac exceeding 500 feet in length may be approved only if conditions of the tract warrant a longer culdc-sac.

2 Culdesacs shall have at the closed end a turnaround with a right-of-way having a minimum outside radius of not less than sixty (60) feet and shall be paved to a radius of not less '

than forty-eight (48) feet.

3. Culde sacs shall have a minimum length of 250 feet.

4. Drainage of cul-de-sacs shaIl be toward the open end.

.C. Street Standards

1. Sheet right-of-way widths and cartway widths shall be as established on the Plan of Newtown Borough Streets (19621, or as a minimum for proposed streets a fifty 150) foot right- of-way and a twenty-six (26) foot cartway where onstreet parking is prohibited and a thirty- six (36) foot artway where on-skeet parking is permitted.

2. Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width shall be dedicated to conform to. the standards set by the Borough.

D. Street Alignment

1. Whenever sheet lines are deflected in excess of five (5) degrees, connection shall be made by horizontal curves.

2. To insure adequate sight distances, minimum centerline radii for horizontal curves shall be one hundred fifty (150)-feet.

3. A long radius curve shall be preferred in all cases to a series of curves and tangents. - -

4. The approaches to an intersection shall follow a straight course for at least fifty (50) '.-:

feet. -. . -:

5. Any applicant who encroaches within the legal right-of-way of a State highway is - . - ' *

required to obtain a highway occupancy permit from the Pennsy1vania Department of Transportation, Permits Office, Doylestown, Pennsylvania. No plan which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plan contains a notice that a highway occupancy permit is required pursuant to section 420 of the Act of June 1,1945 (P.L. 1242, No. 428) known as the "State Highway Law," before driveway access to a state highway is permitted. The plan shall be marked to indicate that access to the State highway shall be only as authorized by a highway occupancy permit. The Borough shallnot be held liable for damages to persons or property arising out of the issuance or denial of a driveway permit by P.ennDOT.

?he applicant shall obtain a letter from the Pennsylvania Department of Transportation indicating that the plan has been reviewed and approved in concept and that traffic considerations, driveways, and the discharge of water on the road right-of-way have been approved.

E. Street Grades

1. Cen terline grades shall not be less than one (1.0%) percent.

2 Vertical curves shall be used at changes of grade exceeding one percent (1%) and shall be designed in relation to the extent of the grade change and to provide the following .

adequate sight distances.

a. For overcrests (summits), each one (l%)percent difference in gradients shall use thirty-two (32) foot length of curve.

b. For undercrests (sags), each one percent (1%) difference in gradients shall use twenty-five (25) foot length of curve.

3. Where the grade of any street at the approach to an intersection exceeds four percent (4%), a leveling area shall be provided having not greater than four percent (4%) for a distance of forty (40) feet measured from the nearest right-of-way in the intersecting street.

4. Maximum grade within any intersecti~n shall not exceed one percent (1%) on the stop street.

E Street Intersections

1. Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect' another at an 'angle of less than sixty (60) degrees.

2. Multiple intersections involving junction of more than two streets shall be avoided.

3. Clear sight triangles shall conform to the following regulations:

On any comer lot, no wall. fence or other stmcture shall be erected or altered and no hedge, trees, shrubs or other growth shall be maintained which may cause danger to traffic on a street or public road by obscuring the view. A dear sight triangle of twenty-five (25) feet, measured along the right-of-way lines of intersecting streets, shall be maintained, within which such stmctures or planting shall be limited to a height of not more than two (2) feet above the street grade, except that tree branches may fall in the dear sight triangle provided that they are either lower than two(2) feet or higher than eight (8) above grade level.

4. Streets entering opposite sides of another sbeet shall be laid out either directly opposite one another or with aminimum offset of one hundred twenty-five (125) feet between their cen terlines.

5. Minimum curb radii at street intersections shall be twenty (20) feet.

G. Street Access *

1. Private driveways shall be located not less than forty (40) feet from the intersection corner of comer lots and shall provide access to the street of lower dassification when a corner lot is boundedby sheets. of two different dassifications.

\.

H. Sight Distance

1. Whenever a proposed street intersects a major street which carries more traffic than '

the proposed street, the lower traffic street shall be made a stop street. The stop street shall also be designed to provide a minimum comer sight distance of 10 feet for every mile per hour of design speed on the major road. If the design speed on the major road is 35 mph, then the sight distance shall be 350 feet, measured from the center of the intersection of the two streets.

Section 503 Grading and Drainage

A. Blocks and lots shall be graded to secure proper drainage away from buildings and to prevent the coIlection of stormwater in pools.

B. All drainage provisions shall be of such design as to carry surface water to the nearest practical and adequate street, storm drain or natural watercourse. Developers must carry surface waters to the nearest practical stom drain or natural watercourse.

C. The developer shall construct and/or install such drainage structures and/or pipes as are necessary to prevent erosion damage and to satisfactorily cany off surface waters.

D. No excavation shall be made with a cut face steeper than 4:l except where a concrete or stone masonry wall, constructed in accordance with approved standards, is provided to support the face of the excavation.

E. No fill shall be made which creates any exposed surface steeper in slope than four (4) horizontal to one (1) vertical, except when a concrete or stone masonry wall, constructed in accordance with approved standards, is provided to support the face of the embankment.

F. The top or bottom edge of the slopes shall be a minimum of five ( 5 ) feet fromproperty right-of-way lines of streets or alleys in order to permit the normal rounding of the edge .i ,. . .. ,

without encroaching on the abutting property. . .

G. In the design of storm sewerage systems, the future use of undeveloped areas upstream shall . ,' ....:

be taken into account in calculating pipe size. '

t

S ecti on 504 Erosion Control . , . . .

A. The landowneror applicant shall not modify, fill, excavate or regrade land in any manner so close to a property line as to endanger or damage any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, sediment, or other physical damage or personal injury might result.

B. No material shallbe in any drainage structure in such a manner as to obstruct free . . . .

flow. . . , . . , . . . . . . . .

C. All plans and specifications accompanying applications'shall include provisions for both interim (temporary) and ultimate (permanent) erosion and sediment control. Nosubdivision or Iand development plan which involves earth moving shall be approved unless there has been an erosion and sedimentation plan approved by the Borough Engineer and the Bucks County Conservation District that provides for minimizing erosion and sedimentation and an improvement bond or other acceptable security is deposited with the Borough in the form of an

, , escrow guaranty which will ensure installation and completion of the required improvements. .:. ., , t .

. . . "

. .Yk' ,.

1. The design, installation and maintenance of erosion and sediment controls shall be accomplished in accordance with the rules as contained in the standards and specification of the Bucks County Conservation District, the local designee for the Pennsylvania Department of Environmental Resources, Bureau of Soil and Water Conservation. No earth moving or other ,

. . ... Iand shaping operations shall commence prior to the construction of Erosion andsediment Control protection in accordance with the recommendations and approval of the Bucks county Conservation District and the Borough. . . . .

. . . .

2. All graded furfacesshall be seeded, sodded and/or planted or otherwise protected from erosion within twenty (20) days of breaking ground, and shall be. watered; tended and . .

maintained -until growth is well established at time of completion and final inspection. . .

A. Lat dimensions and areas shall not be l w than specified by of the Zoning Ordinance . . . of Newtown . Borough. ,

. . . ,

. .

B. ~esidential lots shall front on a public street, existing or proposed. . . . .

C. Doublefrontage fots are prohibited, except where employed to prevent vehicular access to . , major traffic streets.

D. Side lot lines shall be substantially alright angles or radial to street lines. . . . . . . .

E. No remnants of land shall remain after subdivision.

F. A subdivision of a 'tract whichcreates nonconforming iide and reai yard requirements for existing . . buildings, will not be approved.

. . . . . . . .

Section 506 Easements ' ' . . . .

A. Easements with a minimum. width of fwenty (20) feet shallbe provided as necessary for utilities. If a wider' easement is required by the utility provider,, then the wider dimension shall be provided.

B. To the fullest extent possible, easements shall be centered on&adjacent to rear or side lot lines. , . . . . .

. . . . . . . . :, . .

C. Nothing shall be permitted to be placed, planted, ,set, or constructed within the area of an easement. The area. shall be . kept . as lawn.: , ' . . . , , ' . '

: :

D. Where a subdivision or land development is traversed by a watercourse there shall be provided a drainage easement or right-of-way ~onforx&ng substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage but not less than twenty (20) feet on either side of the waterc,ourse, or as may be required or directed by the

. . . . . . . Borough Council. .. . . . . . . .

. . . . .

. .

A. Curbs shall be provided, along all streets. . ,, ; ; . .: . . . . . , . . .

B. Along the existing street on which ii subdivision or land developer abuts,curbs shall be constructed and the existing paved cartway shall be widened to the curb. The location of curbing along a sheet shall be determined by the width of . . the required cartway of the road as

, . . - , . '. . .I . . . established by the Borough. '

, . ;

. . . . . . . . . . . . . . . . . . .c. curbs shall be conitruded in accordance with the' . . design st@d&ds and sp&ification5 i n the

. . I . . . . Appendix of this Ordinance. . . . . . ' . . .

. . . . . . - . : . . .

. . . . . . . . . Section 508 Parking Facilities -,

' . .

A. Automobile parking facilities shall be provided off-streetin accorda,ncc with the . requirements of the Borough Zoning Ordinance. Where the applicant is unable to provide the

required off-street parking on the 'same lot with the proposed principle use or where the ,

applicant is proposing to provide off-site parking or a fee-in-lieu of parking spaces, as .. , permitted by the Zoning Ordinance, a parking study may be requested by Borough Council to

determine the adequacy . . of . . the proposed parking arrangement. . . . . . .

B. At no time shall angle or perpendicular parking be permitted&orig public streets. All parking lots and bays permitting parking other than parallel shall be . physically, . separated

. - from the street and confined by curbing or other suitable separating device.

: C. NO less than ten percent of a nonieiidential or multi-family parking area shall consist of landscaped areas within the parking lot lirni ts.

D. No less than five (5) feet of open space shall be provided between'thb edge of any parking area and the outside wall of the nearest building. . . . . .

. .

. Parking area dimensions shall be no less than those listed in the following table.

>, Handicapped parking spaces shall be design in accordance with the most current federal and state. regulations for handicapped parking. r

Angle Parhg Driveway Width of Parkine Stall Width Stall Depth One-Wav Two-Wav

\ . .

90degrees 9 f e e t . . 18feet 20 feet 24. feet 60degrees 1 0 f e e t . . 21 feet ' 18 feet 21 kt ' 45 degrees 10 feet 20feet . 15 feet 18 feet. Parallel 8 feet 22 feet 12 feet 18 feet

. _ . ..:.

parking lots shall be designed to provide backup area for the end stalls of the parking area.

G. Parking areas shall be designed so that' each motor vehicle may proceed to and from the .

parking space provided for it without requiring the moving of any other motor vehicle. . . . .

H. No less than five (5) foot radius of curvature shall be permitted for all curb lines in all parking areas.

. . .

I. Except at entrance and exit drives, all parking areas shall be set back fiom the future . ..

right-of-way line and from all property lines a distance which conforms to the requirements of. the Borough Zoning Ordinance. The distance between this required setback and the future cartway shall be maintained as a planting strip.

'

. . . . . . . . ,

4 :.- .. J. All automobile parking areas shall be paved and constructed in accordance withthe . .*s.G- . t , t

. I _ '. -. " .. . standards established by Newto wn Borough.

. . : > . ; . .>" . . . , . . ., .- 8

K. The depth and width of lots reserved or laid out for commeroaland industrial &.shall b& adequate to provide for the off-sheet parking generated by the use.

... . . . . .

L. The layout of every parking area shall be such as to permit safe and efficient internal . .

chculation in accordance with accepted traffic engineering principles and standards. ' . .

. ,

M. Entrances and exits to and from ~ff-street paiking hreas shall be located so ad to minimize . I , . .. . .

interference with street traffic. ' . .

. . , . . . ..

' ' N. Pedestrian crosswalks and refuge islands shall be provided at intervals along-the length of' each parking area as specified by Borough Council. . .

. ,

. .

0. A11 public parking areas shall be adequately lighted during after-dark opefating hours. ~ l l ' light standards shall be located on the raised parking islands or around the perimeter and not on the parking surfaces..

. ' .

P. Parking lot paving standards - Paving shall be in accordance with the street paving standards indicated in the Appendix of this ordinance, except that the following specifications shall apply: . . . .

. , .. . . .

1 1 /2 inches of Bituminous surface course 4 inches of Bituminous concrete base course 4 inches of granular subbase ongraded and compacted surface

.

. . . .

Section 509 Sidewalks .

.. . . .

A. ~idkwaiks shall be provided along all new and existing streets.

B. The minimum width of sidewalks shall be four (4) feet. There shall be a planting strip between the curb and the sidewalk. which can be used for the location of underground utilities. Width, alignment and gradient of walks shall provide safety, convenience and appearance for pedestrian traffic. Small jogs inthe alignment shall be avoided. Where there is no planting strip provided between the cwb and sidewalk because the circumstances do not allow for it or because the adjacent properties do not have a planting strip, the sidewalk shall befive (5) feet in width. . .

C. The grades and paving of the sidewalks shall be continuous across driveways except where . . heavy traffic dictates otherwise. . .

. .

D. The materials to be used for sidewalks shall be determind on the basis of the sidewalk .

materials bn adjacent properties and may be concrete, slate qr brick. The thickness and type of consmtction of all sidewalks shall be in accordance with the standards established by New town Borough Council and as illustra t&d in. the Appendix to this Ordinance.

.' .

E..Sidewalks shall be laterally' pitched toward the street at a slope not less than one-fourth inch per foot to provide for adequate drainage. The alignment and gradient of walks shall be

.& .. coordinated with the grading plan to prevent passage of concentrated surface water on or across the walk and to prevent the pocketing of surface.water by walks.

. . ,I'

F. At corners and pedestrian street crossing points sidewalks shall be extended to the curbline and shallbe. constructed with curb depressions to allow for handicapped access.

G. Sidewalks adjacent to parking areas shall be set back a minimum of five (5) feet to prevent car overhang from restricting pedestrian movement along the sidewalk. '

. . .. . . . . .. . . .

Section 510 Planting . . . . .

. . . . . . .. , .

A. street '.trees shdl be 'and placed behind the right-of-way line of the streets so a's not to interfere with the installa tion and maintenance of sidewalks and utilities, unles,~ otherwise specified by Borough Council. Trees shall be a minimum of two and onk-half inch caliper and at intervals not to exceed.forty (40) feet. The species shall be in accordance with the Master Street Tree Plan or as otheiwise recommended by the Borough Shade Tree

. . Conunission and approved by Borough Council. '

. . . .

8. Where buffers -skips are required along two different land uses and along the rear of reverse- frontage lots, an'evergreen planting screen shall be used to provide an adequate visual barrier. The plant material used shall be a minimum height as specified in the Borough Zoning Ordinance at the time of planting and shall be planted in an arrangement to provide an , '

'

immediate screening effect. Deciduous and semi-deciduous shrubs and bees may be used with evergreens to provide an immediate effect and to provide accent and color. The plant materials list in the Borough Zoning Ordinance shall be used as a basis for plant selection, and the plan list shall be reviewed by the Shade Tree Commission. It is recommended that alandscape architect licensed by the Commonwealth of Pennsylvania be employed to insure the proper use and arrangement of plant material and to provide an aesthetically pleasing effect. .

. . . ?

C. Street trees and other required plant material shall not be planted until the finished. grading of the subdivision or land development has been completed .

Section 511 Tree Prptection , Existing trees, shrubs, and plants shall be retained wherever feasible in subdivisions or land developments. Additional trees and new plant material shall be added for privacy, shade, and appearance. Areas meeting the definition of "woodlands'' and large trees standing along with a diameter of 16 inches or more shall be preserved. ' .

. . :' . . a * : : ,

, . .

During construction, the tree protection.area, as defined in Article II of this Ordinance, shall be:'-' r7

. . . . . . . . protected in the following manner. : . . . .: .

A. Protection from Mechanical Injury - Prior to construction the tree protection area shall be delineated by the following methods:

. , . . . . . . . . . . : . . < .

. . 1. The tree area that is delineated on the.site prior to c6nstructiori shall conform to the approved development plans.

2.All trees scheduled to remain shall be marked; where groups of trees exist, only the; trees on the edge need to be,rnarked.

. . . . . . . . . . . . . .. , . ,. . . . . . . . ' .

3. A fortysight inch high snowfence or other suitable fence, mounted on steel post& locatedeight feet on center, shall be placed along the boundary of the tree protection area which shall be maintained. untiI..all work and construction has been completed. Any damages to the protective fencing shall be replaced and repaired before further construction shall begin." .

. .

4. Trees being removed shall not be felled, pushed or pulled into a tree protection area .

or into trees that are to be retained. . . . . . , , . . .

. . -. . A<.. if ....... 5. Grade changes and excavations shall not encroach. upon the, tree protection area. , .

, . . ... "';

. . . . . < . ._I. :. . . . . . . . . . . .

6. No toxic materials shall be stored within 100 feet of a tree protection area; including . ,

. . . ( L , : . . . . petroleum based. and/or derived products. . . . . . . . . . . . . ,

. .

7. The area within the tree protection area shall not be built upon nor shall any materials be stored there either temporarily or permanently. Vehicles and equipment shall not be parked in the tree protection area.

8. When treestumps are located within ten feet of the tree protection area, the stumps . .

shall be removed by means of a stump grinder to minimize the effcct on surrounding root systems. . . . . .

. 9. Following any severance of roots, all tree roots that have been exposed and/or damaged shall be trimmed cleanly and covered temporarily with moist peat moss, burlap, or other biodegradable material to keep them from drying out until permanent cover can be installed.

10. Sediment, retention and detention basins shall not be located in or discharge into the tree protection area.

11. Trees shall not be used for roping, cables, signs or fencing. Nails and spikes shall not be driven into trees.

B. Protection from Grade Change

1. When the original grade cannot be retained at the tree protection area line, a retaining wall shall be constructed outside the tree protection area. . .

a. The top of the wall shall be four inches above the finished grade level. . . .

. . . . . . . . . . . _ . .: . . . . . . . . .

. ., . . . . . . . b. The wall shail be constructed of large stones, brick,'building tile, concrete blocks, or treated wood beams not less than six inches by six inches. A means for drainage throughthe wail shall be provided x, water will not accumulate on either side of the wall. .

C. Any. severed roots as a result of excavatibn: shall be trimmed so. that their . . . . . . .

edges are smooth and are cut back to a lateral root if exposed. .. :.. . . . . .

C Trees dama.ged during construction. . . . . . .I: . .

1. Tree trunks and exposed roots damaged during conshuction shall be protected from further damage. Damaged, branches shill be pruned according to National Arborist Association

. . . . . . . . . . . . . . . .

standards. . . i . . - .

Section 512 . Protection of Soil . . : . . . . . . .. . . . . . . , . . . . . . .,

A: Topsoil - ~ o ~ s o i l may be stockpiled during construction but shall be retained and replaced on . . . . . . . . . . . the site rather than removed.. ::. . : .. - . .

. . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . .-

. . . ' * : . . :

. . B.. Construction material and debris -All cbnstruction wasteand debris must be iemoved from ' . the site and may not be buried on the site where the land development orsubdivision is taking place.

. . . . . . . . . . . . . . . . . . .

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

Section 513 ' ~ i f i t s e Collection and Recycling Areas . . . . .

A. Collection and recycling stations shall be provided for garbage and trash removaland recyding for all nonresidential or multi-family developments..

. . . . . . . _ '.. . .? . . . . . . . . , . . . . . . . .

. . . . . .

B. Outdoor collection and recyding stations shall be screened from view. and landscaped. . ' .,.

Article VI . .

Required Improvemenb .:

Section 600 'Purpose A. The purpose of this article is to establishand define the public improvements which will. be .-,:I

required by Newtown Borough Council to be constructed or cause to be constructed by the , . ' , .

applicant. Inspection of improvements will be the responsibility of the Newtown Borough . . . . c.,: .,. . . . Engineer. - .

. . . . .-.,

B. All improvements will be constructed in accordance. with the spedfications.of Newtown .

Borough and this Ordinance.

Section 601 Application and Guarantee Requirements . .

A. The improvements required by this ordinance are minimum requirements. Newtown Borough, reserves the right in any case to increase the same if conditions so warrant in order to protect the health, safety, and welfare of Borough residents.

'

B. ~ e f o r e the Borough Council shall cause its approval to. be endorsed bn the final plans of any subdivision or land development and as a requirement for the approval thereof, the developer, shall enter into a written agreement with the Borough in the m a ~ e r and form set forth by the Borough Solicitor, to guarantee the construction and installation of all improvements at the '. . .

developer's expense required by this Ordinance. When requested by the developer, in order to facilitate financing, the Borough Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining satisfactory financial security. The final' plan or record plan shall not be signed nor recorded '

-:

until the financial improvements agreement is executed. The resolution or letter of contingent ' '

approval shall expire and be deemed to be revoked if the financial security agreement is not . .,-, . j;. ..

' '

executed. within 90.days unless a written extension is granted by the Borough Council . ..

C. No plan shall receive final approval unless the streets shown have been improved to a .. . $' permanently passable condition, or improved as may be required by this Ordinance and any

walkways, bikeways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, , sanitary sewers, storm drains and other improvements as may be required by this Ordinance have been installed. In lieu of the completion of any improvements, the developer shall , .

furnish to the Borough a bond with such surety as the Borough Council shall approve, in an ; ,

. amount sufficient to cover the costs of any improvements which may be required. Such bond, or other security, shall provide for and secure to the public the completion of any improvements

. which may be required on or before the date fixed in the formal action of approval or .

accompanying agreement for completion of improvements., The amount of financial security to be posted for completion of the required improvements shall be equal to 110 percent of the cost of

'

completion estimated as of 90 days following the date of scheduled for completion by the developer. Annually the Borough may adjust the amount of the financial security by comparing ' .

the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled of completion or a rescheduled date of completion. Subsequent to said adjustment, the Borough may require the developer to post additional security in order to assure. .

that the financial security equals said 110 percent. Any additional security shall be posted by the developer in accordance with this section. . .

. .

D. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant and prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estirna te of such cask The Borough, upon - recornmenda tion of the Borough engineer, may refuse to accept such estimate for good cause.

shown. If the applicant or developer and the Borough are unable to agree upon an estimate, the procedures set forth in the Pennsylvania Municipalities Planning Code, Article V, Section 509 (g) shall be followed. If the developer requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased-by an additional ten percent (10%) for each one. year period beyondthe first anniversary da tefrom posting of financial security or to an amount not exceeding one hundred ten percent (110%) of the cost of completing the requiredimprovementsas re-established on or about the expiration of the preceding one year period by using the above bidding procedure.

E. In the case where development is projected over a period of years, the Borough Council may authorize submission of final plans by section or stages of development subject to such requirements or guarantees as to improvements in future stages of development as it finds essential forthe protection of any finally approved section of the development. As the work of installing the required improvemcn ts proceeds, the developer may request the Borough to ,

release, from time to time, portions of the escrow fund, necessary for payment to the contractor performing the work. Any such request shall be in writing addressed to the Borough Council and the Coundl shall have forty-five (45) days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Council that the improvements have been completed in accordance with the approved plan. If the Borough Council fails to act within the forty-five (45) day period, the Council shall be deemed to have approved the .

release of funds as requested. The Council may, prior to final release at the time of completion . '

and certification by the Borough Engineer, require retention of ten percent (10%) of the estimated cost of the aforesaid improvements.

F. Where the Borough accepts dedication of all or some of the required improvements following completion, the Borough may require the posting of financial security to secure structural integrity of the improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed eighteen (18) months from the date of acceptance of dedication. The amount of this financial security shall not exceed fifteen percent (15%) of the actual cost of installation of the improvements.

: - . . G. ,If financial security has been provided in lieu of the completion of improvements required as. -

. a conditionfor the final approval of a plan as set forth in this Section, the Borough shall not, conditionthe issuance of building, grading or other permitsrelating to the construction of the ' ,

improvement, including buildings, upon lots or land as depicted upon the final plan. Moreover, . ' . ,

if an esaow fund has been established, occupancy pemi ts for any building or buildings to be erected shall not be withheld following: the improvement of the streets providing access to .

and from existing public roads to such building or buildings to a permanently passable condition, as well asthe:completion of all other improvements as depicted'upon the approved plan,. either upon the lot or lots or beyond the lot or lots in question if such improvements are .

necessary for the reasonable use of or occupancy of the building or buildings. . . . .. .. . . .. "

H. Release from Improvement Bond .. .

1. When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough by certified or registered mail, of the completion of the improvements and shall send a copy to the Borough Engineer. The Borough shall, within ten (10) days after receipt of such notice, direct and authorize the Borough .,..

Engineer to inspect all of the improvements. The Borough Engineer shall file a report with the Borough and shall mail a copy of the report to the developer. The report shall be made within thirty (30) days after receipt by the Borough Engineer of the authorization from the Borough.' This report shall indicate approval or rejection ofthe improvements, and if the improvements, or any portion thereof, shall not be approved by the Borough Engineer, this report shall contain a statement of reasons for such non-approval.

2. The Borough shall notity the developer, within fifteen days of receipt of the engineer's report, in writing by certified or registered mail of their actions in response to the &rough Engineer's review of improvements.

" '.'*?

3. If the Borough or the Borough Engineer fails to comply with the time limitation . -a

provisions, all improvements will be deemed to have been approved and the developer shall be . . released from all liability, pursuant to its performance guarantee bond or other security -:.. . . . :. -

agreement.

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

5. The appIicant shall reimburse the Borough for the reasonable and necessary expense incurred for the inspfftion of such improvements. Such reimbursement shall be based upon a schedule adopted by resolution and shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough engineer or consultant for work performed for similar services in the Borough, and in n6 cvent shall the fees exceed the rate or cost charged by the Borough engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on appIicants. In the event that the applicant disputes the amount of such expense in connection with inspection of improvements, the procedure set forth in the Pennsylvania Municipalities Planning Code (Act 247, as amended), Section 510 (g), subsections (1) through (S), shall be adhered to.

. .. _ i ' .-,-..

I. Remedies for Completion of Improvements . ..I .= -

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 shall enforce any corporate bond. or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs to all the improvements covered by the security, the Borough may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds whether resulting from the security or from any legal or equitable action brought against the developer or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Borough P~rpo=*

Section 602 Streets k The construction of streets, roads, lanes and driveways as shown upon final plans and as contained in contract agreements shall in every respect conform to such requirements as Newtown Borough may by this Ordinance or other resolution require for the construction of. streets.

B. Specifications - The performance and material specifications for improvements shall be those contained in Pennsylvania Department of Transportation's specifications Form 408 as last revised. The design and construction requirements shall be those indicated in the typical street cross section in the appendix of this ordinance.

C. A11 streets shall be graded to: 1. the grades shown on the street profiles and croscsection plan submitted and approved with the final plan; 2. the full width of the right-of-way.

D. Along the existing street on which a subdivision or land development abuts (hereinafter called a boundary street) improvements shall be made to the street. The improvements to the boundary street shall be determined by the width of the required cartway and built to the specifications established by Newtown Borough.

Section 603 Street and Traffic Control Signs The developer shall erect at every street intersection a street sign or street signs having thereon the names of the intersecting streets and traffic control signs as specified by the Borough Engineer. At intersections where streets cross, there shall be at least two (2) such street signs, and at the intersections where one street ends or joins another street, there shall be at least one such street sign. Street signs shall be of the size, design, materials, and colors required by the Borough and shall be installed prior to the issuance of an occupancy permit for the properties which are part of the subdivision or land development.

Section 604 Street Lights . A. Where appropriate, the applicant shall install or cause to be installed at the applicant's expense, sheet lights serviced by underground conduit in accordance with a plan to be prepared by the applicant's engineer and approved by the Philadelphia Electric Company and Borough Counal. Provisions shall be made for energizing said lights prior to the issuance of an occupancy pennit for the properties which are part of the subdivision or land development. The owner shall be responsible for all costs involved in lighting the street until such time that the' streets are accepted or condemned as public street by Borough Counal.

B. Street lights shall be of the size, design, materials, and colors required by the Borough.

Section605 Manum.en£s A. Monuments shall be placed at each change in direction of boundary; tow (2) to be placed at each sheet intersection and one (1) on one side of each street at angle points and at the beginning and end of curves. Utility easements shall be monumented at their beginning and their end;and areas to be conveyed for public use shall be fully monumented at their external boundaries.

B. Monuments shall be placed in the ground after final grading is completed, at a time specified by the Borough Engineer. The monument shall be precast concrete with a reinforced steel rod. The monument shall be at least four inches square at top and six (6) inches at bottom and at least twen ty-four (24) inches in depth, with surface edges beveled.

C. The Borough Engineer shall check all monuments for accuracy or their accuracy shall be verified by the applicant's engineer. Accuracy shall be within three one-hundredth of a foot.

Section 606 Stormwater Management and Surface Runoff Control

A. General - The applicant shall construct and/or install such drainage structures, on site and . off site, as necessasy to:

1. Prevent erosion damage and to satisfactorily carry off or detain and control the rate of release of surface waters.

2. Encourage all run-off control measures to percolate the storm water into the ground to aid in the recharge of groundwater.

3. carry surface water to the nearest adequate street, storm drain, detention basin, natural watercourse or drainage facility.

4. Take surface water' from the bottom of vertical grades, to lead water away from springs, and to avoid excessive use of cross gutters at sheet intersections and elsewhere.

5. Handle the anticipatedpeak discharge from the property being subdivided or - developed and the existing run-off being contributed from all land at a higher elevation in the

.

same watershed.

- 6. Maintain the adequacy of the na.bral stream channels. Accelerated bank erosion shall be prevented by controlling the a t e and velocity of run+ff discharge to these watercourses, so as to avoid increasing the occurrence of stream bank overflow.

7. Preserve the adequacy of existing culverts. Bridges and similar structures shall be preserved by suppressing the new flood peaks created by new land development.

B. Retention of existing watercourses and natural drainage features.

1. Whenever a. watercourse stream, or intermittent stream is located within a development site, it shall remain open in its natural state and location and shall not be piped.

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

3. No stormwater run-off or natural drainage shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on . .:. private properties or public lands.

4. The Borough Countil may require the deveIoper to provide a permanent easement ..+. along any watercourse located within or along the boundary of any property being subdivided or -

developed. The purpose of such easement shall be for the maintenance and/or relocation of the channel of any watercourse. The required width of such easement shall be determined by the Borough Engineer, U.S. h y Corps of Engineers, Pennsylvania Department of Environmental Resources or public agency having jurisdiction but, in no case, shall such.easement be less than fifty (50) feet in width.

C. Design Criteria - General 1. Water Quality Requirement - Post-development runoff volume generated from the 1-

year, 24-hour design storm must be controlled so that itis released over a minimum of 24 hours.

2. Stormwater Runoff Peak Rate Requirements & Dis Mcts

a. Watershed areas within the Borough require that the post-development peak rate of storm runoff be conboll& to 75 percent of the predevelopment peak rate of storm runoff for design storms greater than the 1-year, 24 hour storm in order to protect downstream watershed areas.

b. For development sites with mu1 tiple points of concentrated runoff discharge, individual drainage points may be designed for up to a 100 percent release rate so long as the total runoff from the site is controlled to the 75% release rate. All points of concentrated discharge, however, must meet the applicable water quality requirement for the specific drainage arcas of the site drainage to the discharge points.

3. Design Storms - Any stormwater management controls required by this ordinance and subject to the water quality requirement (Section ,132-39.C.1) and the stormwa ter runoff peak

rate requirements (Section 132-39.C.2) shall meet the applicable water quality and peak rate requirements for the I-, 2; 5-, 10-, 25-,SO- and 1Wyear return period runoff events (design storms) consistent with the calculation methodology specified in Section 132-39.C.4. Provisions must also be made for safely passing the runoff greater than that occurring from the largest design storm.

4. Runoff Calculation Methodology

a. To calculate the potential increase in total m o f f and peak flow rate resulting from a proposed site development, the "Cover complex" method will be used, as outlined in Urban Hydrology for Small Watersheds, U.S. Department of Agriculture, Soil Conservation Service, Technical Release 55 ( N T I S PB87-101580) and following mathematical analyses described in computer Program for Project .Formulation Hydrology (SCS Technical Release 20, 1983).

' b. Farm field or disturbed earth pre-development cover conditions (existing conditions) of a site or portions of a site used for modeling purposes shall be considered in "meadow"

. when developing the necessary "Cover Comple? calculations.

c. The Soil Conservation Service Type 11 24-hour rainfall distribution shall be used in the soil cover complex calculations. The 24-hour rainfall depths for the return periods used in the soil cover complex method shall be:

Return Period ' 24-hour Rainfall Devth,

1 -year 2.7 inches 2-year 3.3 inches 5-year 4.2 inches I 0-year 5.0 inches '

25-year 5.8 inches . 50-year 6.4 inches .

100-year 7.2 inches

d. The design of any stormwater management facility intended to meet the requirements of this ordinance shall be verified by routing the design storm hydrographs through .. the proposed facility.

a. Bridges and culverts shall be designed to meet current Pennsylvania Department of Transportation standards to support expected loads and carry expected flows. They shall be constructed to the full width of the right-of-way oz, as required by the Borough.

6. Approvals

a. Approval of the Division of Dams and Encroachments, Department of Environmental Resources and the Common wealth of Pennsylvania is required when the area drained upstream of the point under considera tion exceeds an area of one-half (1/2) square mile.

D. Design Criteria - Detention and Retention Basins

1. A flow system with capacity for the one hundred (100) year storm shall be provided to carry run-off to a detention basin. When the capacity of the storm drain pipe is exceeded an'

overflow system shall be sufficient capacity 'to carry the run-off difference be tween the one hundred -year storm peak f low rate and the capacity of the s tom d . d n pipe system. The one hundred year storm peak shall be calculated by the Soil Cover Complex Method.

2. Unless permitted as a special exception by the Zoning Hearing Board, detention basins shall not be located within floodpIains; nor within areas of floodplain soils with the exception that areas of alluvial soils may be utilized if proof is accepted by the Borough Council that the area is not subject to flooding.

3. Detention basins shall be designed to facilitate regdar maintenance, mowing and periodic de-sil ting and reseeding.

4. Whenever possible, the side slopes and basin shape shall conform to the natural topography. When such design is impractical, the construction of the basin shall utilize slopes . as flat as possible to blend the structure into the terrain.

5. In residential deveIopment, shallow broad basins shall be provided. '

6. The maximum slopc of the earthen detention basin embankments shaIl be four (4) horizontal to one (I) vertical.

7. The top or toe of any slope shall be located a minimum of five (5) feet from any property line.

4

8. The minimumtop width of the detention basin berm shall be ten (10) feet.

9. In order to insure proper drainage to the basin bottom, a minimum grade of two percent (2%) shall be maintained for areas of sheet flow. For chainel flow, a minimum grade of one percent (1 %) shall be maintained.

10. A collecting swale be provided to drain basins.

11. If permanent ponds are used, the developer shall demonstrate that such ponds are .

design to protect the public health and safety. . .

. . . . .

1 2 Emergency spillways

a. Emergency overflow facilities shall be provided for detention facilities to handle run-off in excess of design flows.

b. Whenever possible, the emergency spillway for detention basins shall be constructed on undisturbed ground.

c. Emergency spillways shall be constructed of grass pavers or other material approved by the Borough Engineer.

d. A11 emergency spillways shall be constxucted so that the detention basin berm is protected against erosion .

e. The minimum opaaty of all emergency spillways shall be the peak flow rate from the one hundred (100) year design storm after development.

f. The conshuction material of the emergency spillways shall extend along the upstream and downstream berm embanhent slopes.

g. The upstream edge of the emergency spillway shall be a minimum of three (3) feet below the spillway crest elevation.

h. The downstream slope of the spillway shall, as a minimum, extend to the toe of the .hem erribawent.

i. The 'emergency spillway &a11 not discharge over earthen fill and/or easily eroded material.

j. A11 detention basins shall have a minimum top of embankment elevation as follows:

14. Anti-Seep Collars

Class of Dam a

b

c

a. An tiseep coIIars shall be installed around the pipe barrel within the normal saturation zone of the detention basin berms and shall be poured in place.

b. The anti-seep collars and their connections to the pipe barrel shall be watertight.

The dassification of dams shall be in accordance with the Soil Conservation Service criteria as found in Technical Release 60, as amended.

c. The anti-seep collars shall extend a minimum of two (2) feet beyond the outside of the principal pipe barrel.

L

Drainaee Area Less than 320 acres

Greater than 320 acres

Less than 150 acres

Greater than 150 acres

Less than 150 acres

Greater than 150 acres

1 Top of Embadanent 1 f t above maximum water surface elevation for emergency spill way st orrn. 2 f t. above maximum water surface elevation for emergency spill way stonn. 1 ft. above maximum water surface elevation for emergency spillway storm. 2 ft. above maximum water surface elevation for emergency spillway s tom 2 ft. above maximum 4

water surface eIeva tion. Speci a1 treatment. criteria established for each individual case.

A

d. The maximum spacing between the collars shall be fourteen (14) times the minimum project of the collar measured perpendicular to the pipe.

e. A minimum of two (2) anti-seep collars shall be installed on each outlet pipe. -. . . *.

15. Outlet pipes -.. I+.: '.-._I

a. All outlet pipes through the basin berm shall be reinforced concrete pipe with watertight joints;

b. Energy dissipating devices (rip-rap, end sills, etc.) shall be placed at all basin outlets.

c . Outlet pipes shall discharge to a defined watercourse having a capacity to carry proposed discharge flows.

16. Perforated Risers

a. A perforated riser shall be provided at each outlet of all detention basins during construction for sediment control.

b. The riser shall extend to a maximum elevation of two (2) feet below the crest elevation of the emergency spillway.

c. The perforated. riser shall bc designed so that the rate of outflow is controlled by the pipe barrel through the basin berm when the depth of water within the basin exceeds the heightof the riser.

d. Circular perforations with a maximum diameter of one (1) inch shall be spaced eight (8) inches vertically and twelve (12) inches horizontally.

e. The perforations shall be clearly cut and shall not be susceptible to enlargement.

f. All metal risers shall be suitably coated to prevent corrosion and wrapped with geotextile fabric to filter sediment.

g. A trash rack or similar appurtenances shall be provided to prevent debris from entering the riser.

h. All risers shall have a concrete base attached with a watertight connection.

i. The base shall be sufficient weight to prevent flotation of the riser.

j. 'An anti-vortex device, consisting of a thin vertical plate n o d to the basin berm, shall be provided on the top of the riser.

TABLE I ALLOWABLE WATER VELOCITIES

Permissible velocities for channels lined with vegetation. (a) The values apply to average, unifoxm stands of each type of cover.

(a) - Use veloci ties exceeding five (5) feet per second only where good covers and proper maintenance can be obtained.

Cover

Bermuda grass

Buffalograss Kentucky bluegrass Smooth brome or Blue grama Grass Mixture (b)

Lespedeza sirecea (c) Weeping lovegrass (c) Yellow blues tern (c) Kudzu, Alfalfa ( ~ ) o r Crabgrass (c) Common lespedeza (d) or Sudanpss (d)

- Do not use on slopes steeper than ten percent (10%) except for side slopes on a combination Channel.

(c) - Do not use on slopes steeper than five percent (5t) except for side slopes in a combination channel.

Slope Range (b) (percent 1

0-5 5-10 over 10 0-5 5-10 over 10

- Annuals: used on mild slopes or as temporary protection until permanent covers are established. Use on slopes steeper than five percent (5%) is not recommended.

E. Design criteria - Drainage channels and swales

Permissible (feet per second) Velocity , I Erosion-resistant soils I Easily eroded soils

1. AU drainage channels shall be designed to prevent erosion of the bed and banks.

3

2. The maximum permissible flow velocity shall not exceed those outlined in Table 1.

6

4 3 2.5

2.5 .

0-5 5-1 0 0-5

0-5

3. Suitable stabilization shall be provided where required to prevent erosion of the drainage channels.

5 4 3 5

3 .5

4. Any vegetated drainage channel requiring mowing of the vegetation shall have a maximum grade of four (4 ) horizontal to one (1) vertical on those areas to be mowed.

1

7 6

5 4

7 6 5

5 4 3

F. Design Criteria - Stormwater collection and pipe system

1. S t o m sewers, culverts and related installations shall be provided: . . :

a. To permit the unimpeded flow of natural watercourses in such a manner as to protect the natural character of said watercourses and to provide regulated discharge.

.:. -.. ..... 2.

b. To insure adequate drainage of all low points along the line of streets.

c. To intercept stormwater runoff along sbeets at intervals reasonably related to the extent and grade of the area drainage and to prevent substantial flow of water across intersections. . .

2. The design discharge from drainage areas. contributing to the system may be detexmined by use of the 'Rational Equation" (Q-CIA) when the totaI drainage area does not exceed one hundred ('100) acres. .

a. The following run-off factors shall be utilized for the rational equation:

Description of Area Run-Off Coefficient (C)

Residential 2 acre single-family detached lots 1 acre singlefamily detached lots 1/2 acre single-family detached lots 1 / 4 acre singlefamily detached lots Two-family and mu1 ti-family

ComrnerciaI Industrial Parks and cemeteries Unimproved

Where the Table is. not applicable the following factors may be used;

Roofs and dl impervious surfaces A11 o thcr surfaces except forest Forest

b. The coefficients in the above tabulations are applicable for storms of ten year frequency and less. The coefficients are based on the assumption that the design storm does not occur when the ground is frozen. Lcss frequent, higher intensity storms will required the use of higher coefficients.

? . .

FIGURE 1 .

RAINFALL OUR AT ION b

a r, Stom htchs!ry-dutaricn-frequ-cy c ? n c s .

TABLE OF FIGURE 1 .

STORM FREQUENCY (Years) Time 2 5 10 35 50 100 (Minutes) ' 5.0 4.60 5.40 6.00 6.80 7.60 8 -20 6.0 4.50 5.20 5.90 6.50 7.4 0 8.00 7.0 4.30 5.00 5.60 6.10 7.00 7.80 8.0 4.00 4.60 5.1 0 5.80 6.70 7.40 ' 9.0 3.70 4.30 5.00 - 5.60 - 6.40 r 7.10 10.0 3.50 4.20 4.80 5.40 6.20 7.00 11.0 3.40 4.00 4.60 5.20 6.00 6 .I30 12.0 3.30 3.90 4.40 5.00 5.80 6.50

- 13.0 3.20 3.80 4.30 4.80 5.60 6.30 14.0 3.10 3.60 4.10 4.60 5.40 6.10 15.0 3.00 3.50 4.00 4 .SO 5.30 6.00 20.0 2.60 3.00 3.50 4.00 4.80 5.40 25.0 2.20 2.60 3.10 3.60 4.20 4 -90 30.0 2.00 2.40 2.80 3.20 3.80 4.40 40.0 1.70 2.00 2.40 2.70 3.30 3.80 50.0 1.50 1.70 2.00 2.40 2.80 3.20 60.0 1.30 1.60 1.80 2.20 2.60 3.00 120.0 0.8 1 1.10 1.20 1.40 1.70 1.90 180.0 0.62 0.78 0.90 1 .I0 1.30 1.50 '

240.0 0.50 0.62 0.75 0.89 1.00 1.20 300 .O 0.44 0.54 0.65 0.75 0.90 1.10 . - 360.0 0.38 0.48 0.56 . 0.65 0.78 0.90 480.0 0.30 0.39 0.55 0.55 0.65 0.75 600 .O 0.26 0.42 0.46 0.46 0.55 0.65 720 .O 0.24 0.28 0.4 0 0.40 0.49 0.58 1080.0 0.18 0.23 0.30 0.30 0.38 0.45 1440.0 0.14 0.17 0.26 0.26 0.30 0.35

c. For iess frequent storms, the coefficients can be used if they are multiplied by the following factors for the re turn frequency required.

Storm Frequency (Years) Factors

10 and less 25 50

d. The rainfall intensity "I" curves presented in Figure 1 shaI1 be usedin determining stormwater run-off.

e. Storm Frequency

(1 1 - A twenty-five (25) year storm frequency shall be used for the design of all stormwater systems.

(2) In all cases where storm drainage is picked up by means of a headwall or inlet structure, and hydraulic inlet or outlet conditions control, the pipe shall be designed as a culvert for a fifty (50) year storm.

f. Storm Duration

(I) A five (5) minute s tom duration shall be used if this duration does not result in a maximum expected discharge that exceeds the capacity of a. thirty (30) inch pipe. .

(2) . If a five (5) minute storm dukition results in a pipe size exceeding thirty (30) inches, the time of concentration approach shall be used in determining stonn duration.

(3) If a five (5) minute stonn duration results in a pipe size exceeding thirty (30) inches, within any run of pipe, the time of concentration approach may be used for sizing of pipes horn that point on by adjustingthe time of concentration.

3. Pipes

a. Pipes shall be sized by use of Manning's Equation with the pipes flowing full. The design shall be based on gravity (non-pressure) flow,

b. The roughness coefficient (n) shall be in compliance with the Pennsylvania Department of Transportation D e s i ~ Manual. Part 2, as amended.

c. The minimum diameter of all storm drainage pipe shall be eighteen (18) inches or an equivalent thereto. Where headroom is restricted, equivalent pipe arches may be used in lieu of circular pipe.

d. Abrupt changes in direction or slope of storm drainage pipe shall be avoided. Where such abrupt changes are required, an inlet or manhole shall be placed at the point of . change.

e. The minimum grade of piping shall provide a minimum velocity of two and five- tenths (2-5) feet per second and shall have a minimum slope of one half of one percent (0.5%).

f. Storm sewers shall be placed within a street right-of-way, parallel to the cartway, and shall be designed as a combination storm sewer and underdrain. When located outside of a right-of-way, they shall be placed within an easement having a width of not less than twenty (20) feet, if required by the Borough.

g. The top of storm drainage pipes beneath cartways shall be at least six (6) inches below sub-grade elevation. Outside of cartways, all pipes shall have a minimum cover of two (2) feet.

4. Manholes

a. Manholes shall neither be more than three hundred (300) feet apart on sizes up to twenty-four (24) inches nor more than four hundred fifty (450) feet apart on greater sizes.

b. Inlets may be substituted for manholes, on approval of the Borough Engineer, at the same spacing as required for manholes.

c. Manhole covers 'and frames shall conform to Pennsylvania Department of Transportation specifications.

5. Inlets

a. At street intersections, inlets shall be placed in the tangent portion rather than the curbed portion of the curbing.

b. Where there is a change in pipe size in an inlet, the elevation for the top of the pipes shall be the same or the smaller pips shall be higher. A minimum drop of two (2) inches shall be provided in the inlet between the lowest inlet pipe invert elevation and the outlet pipe invert elevation.

. ' c. If the capacity of the shoulder, swale, curb section or depressed median section exceeds the assumed inlet capacity, the inlet capacities shall govern the spacing of inlets.

d. If the capacity of the shoulder, swale, curb section or depressed median section is less . . than the inlet capacities, the shoulder, swale curb section or depressed section capacity

shall govern the spacing of inlets.

e. Type C Inlets

(1) Type C inlets shall be installed in unmountable curbs.

( 2 ) h order to achieve greater efficiency, Type C inlets shaU be spaced so as to permit five percent (5%) of the gutter flow to bypass the inlet.

(3) The capacity of a Type C inlet at a low point of a street's vertical curve may be designed to accept four (4.0) cfs from each direction, or a maximum of eight (8.0).

(4) Inlet capacities shall be based on Figure 2, "Inlet Capacity and Gutter Flow Curves." .:..

f. Type M and S Inlets

(1) Type S inlets shall be installed in shoulder swale areas with back slopes of six (6) horizontal to one (1) vertical and steeper.

(2) Type M Inlets shall be installed in swale areas where the back slope is flatter than six (6) horizontal to one (1) vertical.

(3) Inlet capadties shall be based on Table 2, 'Type M and S Inlet Capacities (In Swale)."

. . (4) All field inlets. shall be put in swales.

TABLE 2 Type M or S Inlet Capacities (in swale)

Back Slope

. Gade . . 2 1 . 4:1 . 61 1 21 Dike 1 .O 3.2 3.6 3.9 4.1 9.1 2.0 3.5 3.5 3.5 3.7 8.3 3.0 2.5 2.8 3.5 2.5 7.4 4.0 1.6 2.0 3.4 3 -2 6.4

. . 5.0 1.6 2.0 3.5 3 .O 6.3 6.0 1.6 . 2.0 3.3 2.8 6.1 7.0 1.5 2.0 3 .O 2.6 6.0 8.0 ' 1.5 2.0 2.8 2.4 . 5.8

(5) Where a drainage dike is used the side slope of the dike shall be eight (8) horizontal to one (1) vertical or flatter.

(6) The capacity.of an inlet at a low point in a swale (sump condition) shall be . sixteen (16) cfs maximum. .

g. Inlets shall conform to Pennsylvania Department of Transportation Specifications with the exception that the use of red brick for inlet construction is not permitted.

h. Shoulders in Cut Areas (without swalcs)

Water flowing in the shoulder shall not encroach more than two-thirds (2/3) the shoulder width during a 10-year frequency storm .of five (5) minute duration.

(2) The maximum velocity, as determined by Manning's Equation, shall not exceed the allowable velocities in Table 2 for the specific type of shoulder material.

(3) Inlets shall be provided to control the shoulder encroachment and water velocity.

i. Swales adjacent to shoulders

(1) Swales in cut area shall be designed to prevent the passage of water onto the cartway during a lOyear frequency storm of five (5) niinute duration.

(2) The maximum velocity, as determind by Manning's Equation. shall not exceed the allowable velocities in Table 1 for the specific we of shoulder material.

j. Curbed Sections

(I) The maximum encroachment of water on the cartway shall not exceed two (2) inches in depth at the curb during a 10-year frequency stonn of five (5) ' . . minute *duration.

(2) Inlets shall be provided to control the encroachment of water on the car tway.

Section 607 Public Water Supply

A. The applicant shall enter into an agreement with the New town Artesian Water Company to construct water mains in such a manner as to make adequate water service available to each lot or building within the subdivision or land development. A minimum pressure of twenty (20) pounds per square inch shall be provided at each house or other building to be connected to the water supply main. The water supply must comply with the regulations and standards of the Pennsylvania Department of Environrnen tal Resources.

. .

B. The system shall be designed with adequate capacity and appropriately spaced fire hydrants for fire-fighting purposes. Review and approval by the Newtown Fire ~ssociation and the Newtown Artesian Water Company shall be required in order to insure that adequate fire protection is provided.

Section 608 Private Water Supply Private water supply is prohibited.

Section 609 Public Sanitary Sewers A. The applicant shall enter into an agreement with the Newtown Joint Municipal Authority for the installation of the sanitary sewer facilities within the subdivision or land development.

c-u' , B. A11 public sanitary sewers shall be designed and constructed in accordance with the standard specifications of the Newtown Joint Municipal Authority and in accordance with such other tenns and conditions as may be set forth in the agreement mentioned in subsection 609. A. above.

C. No public sanitary sewer line or connection shall be constructed until plans and specifications have been submitted to the Pennsylvania Department of Environmental Resources, the New town Joint Municipal Authority, the Bucks County Department of Health, the Bucks County Planning Commission, and any other agency having jurisdiction.

D. No final plan shall be approved without certification that the sewage to be generated by the proposed subdivision or land development can be conveyed and heated by the Newtown Joint Municipal Authority.

Section 610 Private Sewage Disposal Systems Private sewage disposal systems are prohibited.

S d o n 611 ElecMc, Telephone, and Communication Facilities .: .

k All electric, telephone, and communication service facilities, both main and service lhes, shall be provided by underground cables, instaIled in accordance with the prevailing standards and practices of the utility and other companies providing such services, except where it is .-: demonsbated to the satisfaction of the Borough Council that the underground installation required is not feasible because of existing conditions.

B. Where possible, all u tiIities shall be located within the street right-of-way; otherwise, easements or rights-of-way of sufficient width for installation and maintenance shall be provided.

C Final pIani shall show locations ofall utiIities and shall be coordinated with required I street tree planting.

Article VII . Plan Requirements

Section 700 Sketch PIan

A. A sketch plan may be submitted by the appXicant as a basis for informal discussion with the Borough. Data furnished on the sketch plan may include.the following information. Items 1,2, 3,4,8, and 12 should be shown with all sketch plans to allow for an informal discussion.

1. Name or identifying title of subdivision or land development. .

2. Name, address, and phone number of . the . owner, applicant or developer.

3. Name and address of engineer, surveyor, architect or other professional who prepared the plan.

. .

4. Existing tract boundaries indicating the area of original tract in acres or square feet.

5. Existing and proposed lot lines.

6. Existing and proposed street layout including all streets adjacent to the tract and a l l proposed access points and parking areas.

7. Existing and proposed easements and rightof-way within and adjoining tract.

8. The applicable zoning.

9. Contours and the basis for topography and vertical datum base: . .

10. Significant topographic and physical features such as but not limited to streams, lakes,' ponds, drainage rights-of-way; the location of dl drainage structures; the approximate location of all environmentally sensitive features induding flood plains, wetlands, woodlands, and steep slopes, shall be shown.

11. A location map with a north arrow showing the entire development and its relation to surrounding areas.

# '

12. Tax parcel number of property to be subdivided or developed.

Section 701 Preliminary Plan

A. Drafting Standards

I. The plan shall be drawn at a scale of I"= lo', I" = 2O', I"= 50' or l"= 100' and shall be provided on sheets of 24" by 36". Amended February 9,1999 by Ordinance 579

2. Dimensions shall be set in feet and decimal parts thereof; and bearings in degrees, minutes and seconds.

3. Each sheet shall be numbered and shall show its relationship to the total number of sheets.

4. The plan shall be so prepared and bear and adequate legend to indicate dearly which features are existing and which are proposed.

1. Name or idenhfying title of subdivision or land development.

2 Name, address, and phone number of thh owner(app1icant or developer.

3. Name and address and seal of engin'er, sweyor, architect or other professional who prepared the plan.

4. Location of water supply and sewage disposal facilities.

5. Zoning requirements, including applicable district, lot size and yard requirements, and proof of any variance or speaal exception which may have been granted by the Zoning Hearing Board.

- . 6. A location map for the purpose of locating the site to be subdivided at a scale of not .

less than eight hundred (800) feet to the inch showing the relation of the tract to adjoining property and to all street, roads, and municipal boundaries existing within one thousand (1000) feet of any part of the property proposed to be subdivided or developed.

7. Total acreage of the tract.

8. Date, north point, and scale.

9. Tax parcel number of propertyto be subdivided or developed. ,

C. Existing Features

1. Complete outline suvey of the property to be subdivided or developed shall be provided showing all courses, distances and area and tie-ins to all adjacent intersections.

2. The location, names, widths of streets, the location of property line; and names of owners, the location of watercourse., sanitary sewers, storm drains and similar features within 100 feet of any part of the land to be subdivided or developed.

3. Location of all existing monuments.

4. Location,, size and ownership of all underground utilities aid any rights-of-way or easements within the .property.

5. Contours at vertical intervals of two (2) feet established from United States Coast and Geode tic bench marks.

6; Location of existing buildings, species and size of large trees standing along the outline of all wooded areas, wetlands, floodplains or other areas subject to flooding..

D. Proposed Layout

1. The layout of streets, including widths of the streets and crosswalks.

2. 'Ihe Iayout and dimensions of lots.

3. The arrangement of buildings and parking areas in nonresidential and multi-family developments with all necessary dimensions shall be noted on the plan and including all required provisions for handicapped access.

b

4. A plan for the surface drainage and stormwater management of the tract to be subdivided or developed shall be provided. A plan to control erosion during and after the construction period is required.

5. Tentative typical cross-sections and centerline profiles shall be provide for each proposed street shown on the preliminary pIan. These plans may be submitted as separate sheets.

6. The specific use of each proposed lot shall be indicated.

7. plan of proposed planting shall be provided, showing the'location of sheet trees and landscape treatment, required buffers, species and sizes of plant materials proposed to be used, and a delineation of the tree protection area (as defined in $511).

8. For subdivisions, the total qea, number of lots, lot area for each lot and length of proposed sheets shall be noted on the plan and each lot shall be numbered.

9. Building setback lines as established by the Zoning Ordinance.

10. Rights-of-way and/or easements proposed to be created for all drainage purposes, utilities, or other reasons.

11. Proposed plan for street lighting and parking area lighting. . . . .

12. Location of refuse disposal areas and plan for screening of refuse disposal areas.

E. Planning Modules - In order to. be deemed a complete application, any application for preIiminary subdivision or land development approval must be accompanied by a duly completed Department of Environmental Resources sewage facilities planning module. Such planning module shall alsomeet alI the requirements contained in 25 PA. Code Chapter 71,.

. Subchapter D, Official Plan Requirements for ~ltema~tive Evaluations. .

Such application and planning module shall meet all the procedural and content requirements of 25 PA. Code Chapter 71,57152 and 571.53, including the.req&r'ement they be amompapied by the comments on the planning module of the Bucks Couniy Health Department and the Bucks County Planning Commission. Evidence that the sewage facilities planning module has been before these agencies for 60 days without comment shall be suffitient to satisfy this requirement.

Section 702 Final Plan The final plan shall show or be accompanied by the following information

A. Drafting Standards

1. The plan shall be drawn at a scale of 1" = 20", I"= 50' or I"= 100' and shall be provided on sheet sizes of 24" by 36" or 30" by 42".

2. Dimensions shall be set in feet and decimal parts thereof; and bearings in degrees, minutes and monds.

3. Each sheet shall be numbered and shall show its relationship to the total number of sheets.

4. Final plans shall be on sheets either 24" by 36" or 30" by 42" and all lettering shall .

be legible if the plan should be reduced to hdf size.

B. General Information to be Shown

1. Name or identifying title of subdivision or land development.

2. Name, address, and phone number of the owner/applicant or developer.

3. ~ a m e and address p d seal of registered engineer or sunreyor, architect or other professionbl who prepared the plan. .$

4. Location of water supply and sewage disposal faalities.

5. Zoning requirements, including applicable district, lot size and yard requirements, and proof ofany variance or special exception which may have been granted by the Zoning Hearing Board.

6. A location map for the purpose of locating the site to be subdivided at a scale'of not less than eight hundred (800) feet to the inch showing the relation of the tract to adjoining . property and to a11 street, roads, and municipal boundaries existing within one thousand (1000): feet of any part of the property proposed to be subdivided or developed.

. 7. Total acreage of the tract.

8. Date, north point, and scale.

9. Tax parcel number of property to be subdivided or developed.

C. Existing Features

1. Complete outline survey of the. property to be subdivided or deireloped shall be provided showing all courses, distances and area and tie-ins to all adjacent intersections. . .

2. The location, names;&dtfis of'sfreets, ihe location of property lines and names of owners, the location of watercourses, sanitary sewers, stgrm drains and similar features within . 100 feet of any part of the land:to be subdicided or deveroped.

3. Location of all existing monuments.

4. Location, size and ownership of all underground utilities and any rights-of-way or easements within the property.

5. Contours at vertical intervals of two (2) feet established from United States Coast and Geodetic bench marks.

6. Location of existing buildings, species and size of large trees standing along, the outline of a l l wooded areas, wetIands, floodplains or other areas subject to flooding.

D. Pmposed Layout

1. The layout of streets, induding widths of the streets and crosswalks.

2. The layout and dimensions of lots.

3. The arrangement of buildings and parking areas in nonresidential and multi-famil y developments with all necessary dimensions shall be noted on the plan.

4. A plan for the surface drainage and stormwater management of the tract. to be subdivided or developed shall be provided. A plan to control erosion during and after the cons truetion period i&equired.

5. Typical cross-sections and centerline profiles shall be provided for each proposed street shown o n the final plan. These plans may be submitted as separate sheets.

6. The specific use of each proposed lot shall be indicated.

7. A plan of proposed planting shall be provided, showing the location of street trees and landscape treatment, required buffers, species and sizes of plant materials proposed to be used, and-a delineation of the tree protection area (as defined in 5511).

8. For subdivisions, the total area, number of 10 ts, lot area for each lot and length of . proposed sheets shall be noted on the plan and each lot shall be numbered.

9. Building setback lines as established by the Zoning Ordinance.

10. Rights-of-way and/or easements proposed to be created for all drainage purposes, utilities, or other reasons.

. .

11. Proposed lighting plan showing street lights'and parking area lighting.

12. Location of refuse disposal areas and plan for screening of refuse disposal areas.

Section 703 Improvement Construction PIan (Drainage and Construction)

All subdivision and land development applicants shall submit improvement construction plans whenever any site improvement is planned or required. Improvement Construction Plaw shall consist of plan-profile drawings of all proposed new streets, all existing sheets proposed to be widened or improved, all easements associated with improvement construction and aI1 proposed underground construction. Also included shall be Lot Grading Plans, a Soil Erosion and Sedimentation Control Plan in conforrhance with all applicable PennsyIvania Department of Environmental Resources, Bucks County Conservation District, and US. Soil Conservation Service regulations and such additional drawings as required to detail the construction of all proposed Lbdivisions and land developments.

1. The improvement construction plan shall be at any of the following scales, or other accepted design scales as approved by the Borough Engineer:

Horizontal Vertical 20'/inch 2'/inch 5O,'/inch 5'1 inch 100'/inch IO1/inch

Horizontal Plan (streets). The horizontal plan shall show details of the horizontal la you t, including:

e 2. Center line with bearings, distances, curve data and sta eons corresponding to the profile; horizontal sight distances for intersections.

3. Right-of-way and curb lines with radii at intersections.

4. Beghing and end of proposed construction. ... .:

5. Tie-ins by course and distances to intersection of a11 public roads, with their names and widths.

6. Location of all monuments with reference to them.

7. Property Iines and ownership of all propertiems within the site and abutting properties.

8. Location and size of all drainage structures, sidewalks, public utilities, lighting standards, and street name signs.

Horizontal Plan (storm drains and sanitary sewers):

9. Location and size of pipeline with stations corresponding to the profile plan.

10. Location of manholes or inlets with grade be tween and elevation of flow line and top of each manhole or inlet.

11. Property lines and ownership of abutting properties and within the site lot lines and numbers, with details of easements where required. ,

. .

12. Beginning and end of proposed cons tmction.

13. Location of laterals.

14. Location of all other drainage facilities and public utilities in the vicinity of storm and/or sanitary sewer lines.

15. Hydraulic design data for culverts and/or bridge structures.

Profile (streets):

16. Profile of exisling ground surface dong center line of street; profiles along cul-de-sac curblines. All profiles shall show high and low points and passing/stopping distanms per P e n n m requiremen b.

17. Proposed center line grade with percent on tangents and eIevations at fifty (50) foot intervals, grade intersections, and either end of curb radii.

18. Vertical curve data including length, elevations and minimum sight distance as required by the Borough engineer.

Cross-section (sheets): Refer to Appendix

19. Right-of-way width and location and width of paving; moss-section and cross-slope of paving.

20. Type, thickness and crown of paving.

21. Type and size of curb.

22. Grading of sidewalk area and adjacent slopes.

23. Location, width, type, and thickness of sidewalks and driveway amons.

Profile (Storm Drainage and Sanitary Sewers)

24. Typical location of sewers, storm drains and utilities with sizes.

25. Detail of typical street cross-sections

26. Profile of existing ground surface with elevations at top of manholes or inlets.

27. Profile of storm drain or sewer showing type and size of pipe, grade, cradle, manhole, and inlet locations, and elevations along flow line at fifty (50) foot intervals.

Section 704 Record Plan All subdivision and land development appIicants shall submit a minimum of three (3) copies of

' .the Record Plan conforming to the following standards. The record plan shall be a clear and legible blue or black line print on white opaque linen and one (1) paper print and shall be an exact copy of the approved final plan on a sheet of the size required for final plans. Two copies shall be retained by the Borough and one copy shall be recorded in the Bucks County Courthouse.

The following information shall appear in the record plan, in addition to the information required in Section 703 for the final plan.

A. Seals - All plans must be acknowledged with the following seals:

1. The raised seal of licensed engineer or land surveyor responsible for the plan;

2. The raised seal of architect or landscape architect who collaborated in the preparation of the plan;

3. If the applicant is a corporation, a raised Corporate Seal.

4. The raised seal of a notary public or other qualified officer acknowledging the owner's statement of in tent.

5. A11 plans must be approved by the Borough Council with the raised official seal.

B. Acknowledgments, Note, and Certificates The Record Plan must include the required notes and certificates:

1. On all applications where Improvement Construction Plans are required, the following note shall appear on the Record Plan: "Sheets 2 through - inclusive, on record at Newtown Borough, shall be considered a part of the approved final plan as if recorded with same." These shall be listed by sheet number and title on the Record Plan.

2. The signature of the Registered Land Surveyor certifying that the plan represents a survey made by him; that the monuments shown hercon exist as located; and the dimensional and geodetic details are correct. .

3. A statement to the effect that the applicant is the owner of the land proposed to be subdivided or developed and that the subdivision or land development shown on the final plan is made with his or their f i e consent and that it is desired to record the same.

- a. Where the owner(s) are individuals, all shall join as follows: Commonweal th of Pennsylvania:

SS. County of On the day of , 19, before me the subscriber, a Notary Public of the Commonwealth of Pennsylvania, residing in

personally appeared (name or names of all ownen), known to me (or & tisfactoril~ proven) to be the persons whose names (is/are) subscr i i to the foregoing plan, and acknowledge that (he/she/they) (idare) the registered (owner/o wners) of the designated land, that all necessary approval of the plan have been obtained and is endorsed thereon, and that (he/she/they) desire that the foregoing plan be recorded according to law. Witness my hand and notarial seal, the day and year aforesaid.

Notary Public . My Commission Expires ,ti

(SEAL)

b. Where the owner is a corporation: Commonwealth of Pe~sylvania , '

SS. County of

On the day of , 19. before me the subscriber, a Notary Public of the Commonwealth of Pennsylvania, residing in

personally appeared (name of officer of corporation), who acknowledged (himself/herself) to be the @resident/secretary) of (name of the

, corporation), a corporation, and that as such (president or secretary), being authorized to do so, (he/she) executed the foregoing plan by signing that the said corpora tion is the registered owner of the designated land, that all necessary approval of the plan has been obtained and is endorsed thereon, and that (he/she/they) desire that the foregoing plan be recorded according to law.

Witness my hand and notarial seal, the day and year aforesaid.

Notary Public

My Commissio~n Expires (SEAL)

4..Approved Notation by the Borough shall be as follows: I

Bcrough Council: . .

"Approved by the Council of the Borough Newtown this day i f " '" 11

-J * Resident, Borough Coundl Secretary, Borough Coundl Reviewed, Chair, Borough Planning Commission

- Reviewed, Borough Engineer Reviewed, Borough Fie Marshal

Amended February 9,1999 by Ordinance 579 5. Recording No tation:

'Xecorded in the office of the Recorder of Deeds, Bucks County, Pwwylvania in Plan Book. Page . on the day of 1 9 .

. .

6. Signatures to appear on Plan - the following signatures shall be placed directly on the pIan in black ink:

. ' a The owner or owners of the Iand. If the owner of. the land is a corporation, the signatures of the president and secretary and the corporate seal shall appear.

.

b. The notary public acknowledging the owner's statement of intent.

c. The licensed engineer or surveyor who prepared the plan. If an architect or a landscape architect collaborated in the preparation of the plan, his signature shall also appear.

d. Borough Officials . .

7. The plan shall indicate that it has been reviewed by the Bucks County Planning Commission; in accordance with the PennsyIvania Municipalities Planning Code, Act 247, as amended, and shall include the foollowing notation:

Bucks County Planning Commission No tation

BQlC No.

I -- - r - -r --- Commission in accordance with the MT in:An~l:+

Certified this date

PROCESSED AND REVIEWED. Rewrt arenared by the Bucks Courity Planning -.- ..& -. ,-Aes Planning Code.

- --1_----1_-----

Executive Director, Bucks County Planning Commission

Article VIII Administration

~ e c t i ' o ~ 800 Modifications ~odifications to the requirements of this ordinance shall be granted only in accordance

with the provisions of Section 500.C. of this Ordinance. %

Section801 Fees * . A. The applicant for a subdivision and land development approval shall, at the time of making application, pay the Borough of Newto wn a fee in accordance with the fee schedules adopted by resolution by the Newtown Borough Council, as may be amended, and in addition shall pay alI costs to the Borough for the senices of the Borough Administration, Borough Solidtor and Borough Engineer and such other necessary and reasonable costs incurred in reviewing the pIans, processing the application and assuring construction in accordance with approved plans.

B. The applicant shall be required to fumish an escrow fund to pay the professionid fees and other costs incurred in reviewing the plans and/or processing the application The amount of the escrow fund shall be set by resolution by the Borough Council. Upon completion of the review, whether the appbcation is approved or rejected, any moneys not expended in the review shall be refunded to the applicant. Fees in excess of the escrow fund will be charged to the applicant.

Section 802 Records A. All recommendations of the New town Borough Planning Commission relative to all ,i . subdivision and land development plans shall be recorded in the minutes of the meeting when the action was taken. These records shall be'accessible to the public.

. .

B. All dcasions of the:~ewtown Borough Council with respect to subdivision and land development applications shall be recorded in the minutes of. the meeting-when the action was taken.

Article IX ~mkdrnenk

Section 900 Power af Amendment

The Borough Council of Newtown may, from time to time, amend, suppIement, change, modify or repeal this Ordinance by proceeding in the following manner.

Section 901 Definitions

The words "amend," "amendment,", *amendments,"or "amended" in this ordinance shall be deemed to include any modification of the text or phraseology of any provision or amendment thereof, or any repeal or elimination of any such provisions of part thereof, or any addition to the Ordinance or to an amendment thereof.

Section 902 Procedure The Borough Council at a regular or special meeting, shall fix the time and place of a public heating on the proposed .amendment and cause public notice thereof to be given as follows:

A. Notice shall be published once each week for two consecutive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than 7 days from the date of the hearing. A copy of the amendment shall be supplied to a newspaper of general .

circulation in the Borough at the time the public notice is published. - .

B. The notice shall state that full opportunity shall be given to any citizen and all parties in interest to be heard at such hearing. The notice shall state where in the Borough copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof.

C. An attested copy of the proposed amendment shall be filed in the Bucks County Law Library.

D. All proposed amendments not originating with the Borough Planning Commission before adoption shall be referred to the Borough Planning Commission. All proposed amendments shall be forwarded to the Bucks County Planning Commission at least forty-five (45) days prior to the public hearing for their writ ten recommends tions.

E. In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the Borough Council shall at least ten days prior to enactment readvertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

F. Within 30 days after adoption, the Borough shall forward a certified copy of any amendment to the Bucks County Planning Commission.

Article X Effective Date and Enactment

Section 1000 Effective Date

The ordinance shall be effective five (5) days after 'its legal enactment, and shall be inc1uded;ln the Code of Ordinances of the Borough of Newto wn.

Section1001 Enactment

Enacted and ordained this 8th day of March, 1994.

Newtown Borough Coundl

Y . \ Attest:

INDEX

Agent 6 Alley 6 Amendments 54 Applicant 6 Application for Development 6,15 Basin . 7/23! 29,31 Block 7 Borough Engineer 12 Bucks County. Planning Commission 52, 54 Buffers 22 Building 7 Building Line, Front 7 Building Line, Rear 7 Building Line, Side 7 building permit 5,6 Cartway. 7 Cartway widths 16 Clear Sight Triangle 7,17 Commission 6 Cross-walk ? Cul-de-sac 7 Cul-de-sac Streets ' i6 Curbs 8,20,25

.. Definitions 6 Design Standards 15 Design Storm 7,29,30,32, 35 Detention and Reten tion Basins 31 Developer 7 Development 7 Development Plan 7 Drafting Standards 44,46 Drainage 18,48 Drainage Facility 7 Driveway 5,7,8,17,18, 21,22,27,50 welli in^ * 8 Easement 8,20 Effective Date 55 Electric 43 Erection of Buildings 5 Erosion Control 8,19,48 Escrow 53 Fees 53 Final Plan 13,25,26,27,28,42,43, 46 Financial Security 2526 Fire Hydrants 25 Front Yard 10 Grading 18 Guarantee Requirements 25 Highway Occupancy Permit 17 Impervious Surface 8

Improvement Construction Plan 48 Improvements 8/27 Interpretation 2 Intersections 17 Land Development 8 Lot 6,8,19 Lot Area 8 Modifications 15,53 Monuments 28 Ordinance 509 28 .

(Replaced by Section 606 of this ordinance) Parcel 6. Parking 20,21 Parking Lot Paving Standards 21 Parking Space 8 . Peak Rate Requirements 29 Penalties 4. Phased PIan 26 Plan Requirements 44 Plan, Final 9 Plan, Preliminary 9,11,44 Plan, ~ec6rd 9 Plan, Sketch 9 Planning Commission 6 Planning Modules 46 Planting 22 Plo t 6 Preliminary Plan 9,11,44 Private Streets 16 purpo= 2 Rear Yard 7,10,20 Record Plan 50 Recording of Final Plan 14 Records 53 Recycling 24 Release from Improvement Bond 26 Repealer 3 Required Improvements 25 Reverse Frontage Lot 9 Review 9 Right-of-way 6,7,8,9 Right-of-way Widths 16 Right-of-way, Future 9 Runoff 9 Runoff Calculation Methodology 30 Sale of Lots 5 Sedimentation 9,19,48 Sewage Disposal Systems 43 Sewage Facility 9 Sewers 25,42

Side Yard 10 Sidewalks 22 Sight Distance 9,lB Sketch Plan 44 Slope 9,19,22,31 Soil 24 Storm Drains 25 Stormwater Management 28 Street Alignment 16 Street Grades 17,27 Street Lights 25,'28 Street Line 10 Street Specifications 27 Street Trees 22, 25 Streets 9,15,27 Structure 10 Subdivision, defined 10 Surface Runoff Control 28 Telephone 43 Traffic Control Signs 28 Street Signs 28 Tree Protection l0,23 Waiver 10 Water Facility 10 Water Supply 42 Wetlands 10 Woodlands 1 0, 23,44 Yard 10 Zoning Ordinance 6

APPENDIX 1

Roadway, Curbing and Sidewalk Details

' * a

mES: Al l conglrucl ion molerials , m ~ l h o d s of conslruclion and conlral of . r o c k shall br gortrntd by

the current rdillon of Panns ytranla Dlpf. of T t a p o r t o I i m Sptcificolions Form 4 0 8.

DRIVE APRON SPECIFICATIONS: .

Use combinolion storm u u r t ard undwdroin r h s r e s l a m s t w a r i s pororet to w b .

Zone

Atsidenliol , Comcnrcial

Indurlrkal C

. . s

TYPICAL ROADWAY SECTION LOCAL 8 SUB -COLLECTOR STREETS '

26' ROADWAY

RNement Reguirsd 1

6 RehL Cmc. PW*L

8 A M Cor h ' t

d kid. Cmc bal. I,

APPENDIX 2

Subdivision and Land Development Ordinance Amendments

Ordinance #579, Amendment date - February 9, 1999 Ordinance #587, Amendment date - May 11, 1999 Ordinance #615, Amendment date - June 12, 2001

Ordinance #633, Amendment date - September 10, 2002 Ordinance #663, Amendment date - June 14, 2005

Ordinance #710, Amendment date - January 11, 2011 Ordinance #711, Amendment date - February 12, 2011

ORDINANCE NO. r7q

AN ORDINANCE AMENDING ORDINANCE NO. 519 PERTAINING TO SUBDMSION AND LAND

DEVELOPMENT IN THE BOROUGH OF NEWTOWN TO ADD NEW TERMS AND DEFINITIONS,

REQUIRE FIRE MARSHAL REVIEW OF PLATS AND SUBMISSIONS, AND TO AMEND THE SCALE REQUIREMENTS OF DRAWINGS

I

WHEREAS, through careful study, the Council, with the assistance of its committees, has recognized that certain provisions of the subdivision and land development ordinance should be amended; and

. .. . . +.

WHEREAS, the proposed amendments have been advertised, considered and reviewed in accordance with MPC Section 505 (53 P.S. 5 10505).

WHEREAS, by Ordinance No. 519, as amended, Newtown Borough Council ("Council") has enacted a subdivision and land development ordinance pursuant to its statutory authority, the Pennsylvania Municipalities Planning Code ("MPC"), Act 247 of 1968, as amended;

NOW, THEREFORE, BE IT AND IT IS HEREBY ENACTED AND OR- DAINED by the Council of the Borough of Newtown, Bucks County, Pennsylvania, and it is hereby ENACTED and ORDAINED by the authority of same as follows:

SECTION 01: Section 300(C) shall be amended to include the following definitions

-in alphabetical order:

Berm - Earth piled above the surrounding grades, typically used to either direct rainfall or to provide a visual screening.

Contour - An imaginary line shown on a map, plan, etc., which connects points of common grade/elevation. -.-

Design s tom - The magnitude of precipitation fiom a storm event measured in probability of occurrence (i.e., 50-year storm) and duration (i.e., 24-hour), and used in computing stormwater management control systems.

I I

Discharge - Flow from a culvert, pipe, channel, etc. For s tom drainage purposes, it I is typically expressed in cubic feet per second (cfs). I " f

I I Grade - The elevation of the ground surface below sea level. The slope of a street,

other public way, land area, drainage facility, or pipe, specified in percent.

Headwall - A structure, typically concrete, located at the beginning andlor end of a pipe run. It serves several purposes, including securing the end of the pipe, retaining the earth behind and on top of the pipe, directing or diverting the flow of water, protection of the area immediately adjacent to the structure fiom erosion, etc.

Inlet - A structure topped with a grate, typically utilized to collect surface nmoff and convey it into an underground piping network.

Invert - The lowest internal elevation on a pipe, manhole, inlet, etc. ,

Manhole - A structure where pipes change direction and/or size. A storm manhole equipped with a slotted lid which can be used to collect surface runoff.

Permeability - The measure of the rate of water moving through a soil.

M a l l intensity - A measurement of the amount of rainfall expressed in inches pc hour. It is dependent on the duration of the rainfall and the s tom frequency. . I I '

Retention basin - A basin or pond containing a permanent pool of water, designed to retard stormwater runoff by retaining the water and releasing it slowly into the ground and/or a natural water course at a controlled rate.

Rip Rap - Rough, broken stone, typically placed at a point of discharge, of stomwater, used to prevent erosion.

Runoff - That part of precipitation which flows over the land.

Runoff coefficient - The percentage of precipitation that appears as direct runoff.

I Storm fsequency - A historical record categorizing rainfall events based upon their

intensity. Typically expressed in terms of how often that particular intensity can be expected to occur, (i.e., probability of occurrence) such as 10-year storm (10% chance to occur at least once a year), 50-year storm (2% chance to occur at least once a year), etc.

Structure - A man-made object or improvement having an ascertainable stationary location on land or in the water, whether or not a&ed to the land, but not including poles with basketball backboards and hoop, swing sets with two (2) or fewer seats and one (1) or fewer slides, poles with clotheslines (including umbrella types), poles with birdfeeders, flagpoles, awnings with pole supports, and mailbox posts only.

Swale - A low lying stretch of land which gathers or carries surface water runoff. I

Water table - The elevation, below grade, at which the soil is saturated with water.

1 1 SECTION 02: Section 401(C) i c R ~ P ~ A P A tn i r r p ~ l l ~ a +I,- -I.,,,, ~GD,,,..,Z. F:-. - - - - - - - - -\-, -- -w-uvu rv U W I L L U ~ LUG p u a 3 ~ D v I V U ~ U rut:

Marshal" after the plu - w ,, uM,bbI, .

SECTION 03: Section 40 I@) shall be amended to include the following sentences 1 '

at the end:

"Further, applicant shall deliver written notice by regular mail to all persons who shall I

own property within two hundred fifty (250) feet of any property which shall be the subject of an application before the Borough Planning Commission, - The notice shall advise that a submission has been made regarding the specific property and that information regarding the hearing date may be obtained from the Borough offices. A copy of the notice shall be submitted with the application."

SECTION 04: Existing Section 40 1(F) shall be renumbered 401(G), and existing

Section 401(G) shall be renumbered 40 1 0 .

SECTION 95: New Section 401(F) shall be inserted and shall read as follows: 1 "F. The Borough Fire Marshal, following receipt of the plans from the

Borough, shall:

Review all aspects of the plan submission as it pertains to, including but not limited to, emergency and fire protection concerns, fire lanes, hydrants, vehicle access and compliance with all Borough ordinances as the same relate to fire and emergency protection.

"A. All final plans shall be submitted for signature by the Borough Council within thirty (30) days after all conditions of final approval, if any, have been satisfied or the approval shall lapse and become void. The final plan as approved and signed by the Borough Council shall, within ninety (90) days of the date the h a 1 plan is signed by the Borough Council, be recorded by the applicant at his expense in the Office of the Recorder of Deeds of Bucks County. Plans submitted for recording with the Bucks County Recorder of Deeds shall officially note that the plans have been received by the Bucks County Planning Commission. The applicant shall not@ the Borough Council, in writing, of the date of such recording and the plan book and page wherein such subdivision or land development plan is recorded. If the plan is not recorded within the ninety (90) day period, the approval shall lapse and become void. The Borough Council may extend the ninety (90) day period upon written application by the applicant. "

. -

SECTION 07: Section 701(A)(1) shall be amended in full to read as follows:

d- . . g . - 2. Prepare a report for the Planning Commission and Borough

-- - * .

Council." t . '

SECTION 06: Section 402(A) shall be amended in full to read as follows: I I

I "1. The plan shall be drawn at a scale of 1" = lo', 1" = 20', 1" = 50' or 1" =

I I 100' and shall be provided on sheets of 24" by 36"."

I

Borough Council:

-

I I "Approved by the Council of the Borough of Newtown, this day of

. SECTION 08: Section 704(B)(4) shall be amended in full to read as follows:

"4. Approved and reviewed notation by the Borough and its representatives shall be as follows:

President, Borough Council Secretary, Borough Council Reviewed, Chair, Borough Planning Commission Reviewed, Borough Engineer Reviewed, Borough Fire Marshal ' 3

SECTION 09: In addition, all inconsistent provisions of other ordinances or resolutions are repealed to the extent of the inconsistency. All other provisions of the ordinances of Newtown Borough shall remain in full force and effect.

SECTION 10: The provisions of this ordinance are declared to be severable. If any provision of this ordinance is declared to be invalid or unconstitutional by a court of competent jurisdiction, such det ermination shall have no effect on the remaining provisions of this ordinance.

i I SECTION 11: This Ordinance shall take effect immediately.

NEWTOWN BOROUGH COUNCIL

Marcia M. Scull, President

. Saurman, Secretary

APPROVED this ?day of 2- , A.D., 1999.

ORDINANCE NO. 581

AN ORDINANCE AMENDING ORDINANCE NO. 519 PERTAIhiING TO SUBDIVISION AND LAND DEVELOPMENT IN THE

BOROUGH O F NEWTOWN T O ENSURE COMPLIANCE WITTI THE MOST RECENT NATIONAL FLOOD INSURANCE PROGRAlCI

REGULATIONS REGARDING FLOOD PLAINS

I I / 1

WHEREA4S, by Ordinance No. 5 19, as amended, Newtown Borough Council I : ('LCooncil'') has enacted a subdivision and land development ordinance pursuant to its statutory 1 authority, the Pennsylvania Municipalities Planning Code ("hPCn), Act 247 of 1965, as amended;

,

I 1

I WEEREAS, at the request of the Federal Emergency Management Agency ("FEMA"), 1

through its Mitigation Division, the Council has been directed to update the subdivision and land 1

1

WHEREAS, the existing zoning ordinance, along with the proposed amendments I 1 ' contained herein, have been approved by F E W s regional o l c e pnar to adoption by the Council, and Council has been given a letter by FEMA to that effect; and

I

development ordinance to remain compliant with Section 60.3(d) of the National Flood I Insurance Program regulations, and have the amendment approved by FEh:A1s regional ofice before May 18, 1999; I

I i

I

1 WHEREAS, the proposed amendments have been advertised, considered and reviewed 1 1 in accordance with MPC Section 505 (53 P.S. 5 10505). i !

I I

WHEREAS, such compliance is necessary to ensure Newtown Borough remains eligible 1 for participation in the National Flood Insurance Program;

NOW, THEFEFOREI, BE IT AND IT IS HEREBY ENACTED ;VYD ORDAINED by the Council of the Borough of Newtown, Bucks County, Pennsylvania, and it is hereby ENACTED and ORDAINED by the authority of same as follows: j

I

I

1 1 SECTION 01: Section 3OO(C), Definitions, is amended to include the following new terms and / i definitions in alphabetical order: , i I

manufactured Home - a structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent

I

I I

foundation when attached to the required utilities. The term includes park trailers, 1

travel trailers, recreational and other similar vehicles which are placed on a site i I

for more than one hundred eighty (180) consecutive days. 1 I

"New Construction - structures for which the start of construction commenced on I

or after December 18, 1979, and includes any subsequent improvements thereto. I

Substantial Damage - damage fiom any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) or more of the market value of the structure before the damage occurred.

Substantial Improvement - any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either of the following:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2 . Any alteration of a "historic structure" (as that phrase is defined in the Newtown Borough Historic District Ordinance), provided that the alteration will not preclude the structure's continued designation as a "historic structure"."

SECTION 02: In addition, all inconsistent provisions of other ordinances or resolutions are repealed to the extent of the inconsistency. All other provisions of the ordinances of Newtown Borough shall remain in full force and effect.

SECTION 03: The provisions of this ordinance are declared to be severable. If any provision of this ordinance is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this ordinance.

SECTION 04: This ordinance shall be effective immediately.

ORDAINED and ENACTED this 7 day of p7 , A.D., 1999

NEWTOWN BOROUGH COUNCIL

c-'

B~:--- ..'--3,.. Marcia M. Scull, President

u o i s B. Saurman, Secretary

APPROVED this //1C day of % / , A.D., 1999. /

ORDINANCE NO. 6 K

AN ORDINANCE OF THE BOROUGH OF NEWTOWN, BUCKS C O W , 1 PENNSYLVANIA, AMENDING ORDINANCE NO. 519 PERTAINING TO

SUBDMSION AM) LAND DEVELOPMENT IN THE BOROUGH OF NEWTOWN TO REVISE THE PROCEDURE FOR THE SIGNING OF FINAL PLANS BY THE BOROUGH COUNCIL, AND TO REQUIRE THAT ALL PLANS BE TIMELY

RECORDED WITH THE OFFICE OF THE RECORDER OF DEED OF BUCKS COUNTY, AND IN DEFAULT THEREOF, FOR LAPSE OF THE APPROVAL; AM) TO PERMIT THE USE OF BLUE STONE AS A MATERIAL FOR THE CONSTRUCTION

OF A SIDEWALK

WHEREAS, by Ordinance No. 519, as amended, the Newtown Borough Council (Touncil") has enacted a subdivision and land development ordinance pursuant to its statutory authority, the Pennsylvania Municipalities Planning Code (the "MPC")). Act 247 of 1968, as amended (53 P.S. 8 10101 et seq.);

WHEREAS, the Pennsylvania General Assembly has amended the MPC by enacting Act 127 of 2000 ("Act 127")). which became effective on or about February 21,2001; :

- WHEREAS, Act 127 revised, inter olio). the MPC as it pertains to the time'within which an approved plat which has been signed by the governing body must be recorded with theoffice

. . of the recorder of deeds;

WHEREAS, the Council wishes to amend the Newtown ~ o r o h ~ h ~ubdivision'add Land Development Ordinance (the "Ordinance") to comply with the provisions of Act 127;

WHEREAS, the Council wishes to further amend the Ordinance to permit the use of blue stone as a material for the construction of a sidewalk in Newtown Borough; and

WHEREAS, the proposed amendment has been advertised, considered and reviewed in accordance with MPC Section 505 (53 P.S. 5 10505), as amended.

NOW, THEREFORE, BE IT ENACTED AND ORDAINED, and it is hereby ENACTED and ORDAINED, by the Council of the Borough of Newtown, Bucks County, Pennsylvania, as follows:

Section 01: Section 403(A), Recording of Final Plan, of the Ordinance is amended in f i l l to read as follows:

"A. Signing of Final Plan.

1. Prior to the signing by the Borough Council of a plan which has received fmal approval, all development agreements shall be executed and

funded, all fees shall be paid, and all conditions of fid approval shall be completed. The fmd plan shall be submitted for signature by the Borough Council within ninety (90) days after satisfaction of the last of the foregoing conditions or the approval shall be deemed to lapse and become void.

2. The final plan, as approved and signed by the Borough Council, shall, within ninety (90) days of the date the final plan is signed by the Borough Council, be recorded by the applicant at its expense in the Office of the Recorder of Deeds of Bucks County. Plans submitted for recording k t h the Bucks County Recorder of Deeds shall officially note that the plans have been reviewed by the Bucks County Planning Commission. The applicant shall notify the Borough Council in writing of the date of such recording and the plan book and page wherein such subdivision or land development plan is recorded.

3. If the plan is not submitted for signature within the ninety (90) day period provided in subsection (1) above or not recorded within the ninety (90) day period provided in subsection (2) above, the approval shall lapse and become

. void. The Borough Council may extend the ninety (90) day period to record the : . plan upon written application by the applicant."

Section 02: Section 509@), Sidewalks, of .the Ordinance is amended in full to read follows: . . . .

. . . "D. ' The materials to be used for sidewalks shall be determined on the basis of , : .

. . the sidewalk materials on adjacent properties and may be concrete, slate, brick or .

. blue stone. The thickness and type of construction of ,all sidewalks shall be in accordance with the standards established by Newtown Borough Council and as illustrated in the Appendix to this Ordinance."

Section 03: In addition, dl inconsistent provisions of all other Ordinances and Resolutions c the Borough of Newtown, Bucks County, Pennsylvania are hereby repealed to the extent of th inconsistency. All other provisions of the Ordinances and Resolutions of the Borough o Newtown, Bucks County, Pennsylvania shall remain in full force and effect

Section 04: The provisions of this Ordinance are declared to be severable. If any provision d this Ordinance is declared to be invalid or unconstitutional by a court of competent jurisdiction such determination shall have no effect on the remaining provisions of this Ordinance.

Section 05: This Ordinance shall be effective immediately.

Attest: Lois B. Saman, Secretary

I

5- APPROVED this /afd day of , A.D., 2001

.LC, ORDAINED and ENACTED this 1 a- day of

NEWTOWN BOROUGH COUNCIL

BY:-- 6 Marcia M. Scull, President

'i. 53 ORi)!XANCE NO. 1'

AN ORDINANCE OF THE BOKvUGH OF NEWTOWN, BUCKS COUNTY, I

1 1 PENNSYLVANIA AMEhDIUG ORDINANCE NO. 519 PERTAINING 70 I I

WHEREAS, by Ordinance No. 519, as amended, the Newtown Borough Council I ("Camci17') has enacted a ~ubdi;~ision and land development ordinance ["SAiIlO") pursuant to its 1 statutory authority, the Pennsylimia Municipalities Planning Code (the ''MPC7'), Act 2-17 of 1968. 1 as amended (53 P.S. 5 10 101 et seq.); 1

'

'

I I WHERE.4S, the C3uncil wishes to amend the SALDO to specify that plans submined for ,

subdivision and/or land development approval cannot bz submitted on a preliminaryifinal basis; I and to require plans to be submitted first as preliminary plans only, and following preiiminary i approval, plans to be submitted as final plans; i I

I

SUBDIVISION OF LAND AKD LAND DEVELOPMEST IX NEM'TOWN BOROUGH I - REQUIRIKG DEVELOPMENT PLANS TO BE SUBMITTED FIRST ON A

PRELIICIEVARY B-4SIS AND UPON PRELIMINARY APPROVAL FROM THE KEWTO\.VN BOROUGH COUNCIL, PLANS TO BE SUBMITTED ON A FIIU.4L I

I BASIS; TO PROHIBIT LANE A3DIOR FLAG LOTS IN NEWTOWN BOROUGH j

I

WHEREAS, the proposed amendment has been advertised, considered and reviewed in 1 accordance with MPC Section 505 (53 P.S. $10505), as amended.

I

I i , I

NOW, THEREFORE, BE IT ENACTED AND ORDAINED, and it is hereby I I ENACTED AND ORDAISED by the Council of the Borough of Newtown, Bucks County, ,

Pennsylvania, as follows: I

I

i

Section 01: Section 200? A, Effect of Ordinance and Applicability, of the SALDO is amended to 1 insert the word "land" immediately before the word "development" in the first sentence.

I

I

i WHEREAS, the Council also wishes to amend the SALDO to specify that "flag" andlor I "lane" lots are prohibited in Ne~\-town Borough; and I I

I

I

Section 02: Section 400, General, of the SALDO shaIl be amended in full to rezd as foilows: i 1

I "A. In order to discharge tile duties imposed by law, the Newtown Borough Council has adopted the following procedures which shall be observed by ail applicants for subdivisions and/or Land developments.

B. Review: SubmissiordApproval Stages. j

I

I I

1. Three (3) stages are included in the procedure for approval of subdivision i

and'or land development plans: Sketch, Preliminary, and Final. These sta, ~ e s are established to enable the Neutown Borough Planning Commission and the N e w t o ~ n Borough Council to have an adequate opportunity to review the I

submission, and to ensure that their formal recommendations are reflected in the final plan.

2. Separate preliminary and final plan submissions are required for all applications for any subdivision andlor land development approval. Applications and plans for any subdivision andlor land development approval may not be submitted as final or as preliminarylfinal without first having been submitted, reviewed and approved strictly as preliminary plans.

3. The time restrictions of this Ordinance for review and action on plans shall apply separately to preliminary and final plan submissions, thereby entitling Newtown Borough the maximum amount of time permitted by law for review and action on preliminary and final plan submissions. The submission of any revised preliminary and/or final plan shall constitute a new and separate submission subject to the review and time procedures set forth in this Ordinance. All revised plans must be accompanied by a completed application, appropriate fees and all required information.

C. Sketch Plan.

1. A pre-submission sketch plan is suggested, but is not required, for all subdivision and/or land development applications. A sketch planmay be submitted to Newtown Borough for review at any time prior to the submission of a preliminary plan.

2. The purpose of a sketch plan is to afford the applicant an opportunity to consult informally with the Newtown Borough Planning Commission before the preparation of the formal preliminary plans and formal application for preliminary subdivision and/or land development approval.

3. Any sketch plan review does not relieve the applicant from meeting all applicable law, rules, ordinances and other applicable requirements."

Section 03: Section 505, Lots, of the SALDO shall be amended to include a new subsection G to read as follows:

"G. "Lane lots" (also conventionally known as "flag lots") are not permitted in Newtown Borough. A "lane lot" or "flag lot" is a lot which does not have the required minimum lot width at the street line, but which has direct access to a public street through a narrow strip of land which is part of the same lot."

Section 04: In addition, all inconsistent provisions of other ordinances or resolutions are repealed to the extent of the inconsistency. All other provisions of the ordinances of Newtown Borough shall remain in full force and effect.

Section 05: The provisions of this ordinance are declared to be severable. If any provision of this ordinance is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this ordinance.

I / Section 06: This ordinance shall be effective immediately.

.i ORDAINED and ENACTED this , / i '~ day of &.,d~7,zh~... ,2002 9'

I / NEWTOWN BOROUGH COUNCIL

-~ . .. By: 7~,2,7? .,<.,.A ;.- +' - ,,..: q--

Marcia M. Scull, president

Attest: / ,hL'- . -? -J.(&d -r?heL,'

- -Lois B. Saurman, Secretary

ORDINANCE NO. bCt

AN ORDINANCE OF THE BOROUGH OF NEWTOWN, BUCKS COUNTY, PENNSYLVANIA AMENDING ORDINANCE NO. 519 PERTAINING TO

SUBDIVISION LAND AND LAND DEVELOPMENT IN NEWTOWN BOROUGH TO REVISE THE STORMWATER MANAGEMENT PROVISIONS REQUIRING ALL SUBDIVISION AND LAND DEVELOPMENT PLANS TO COMPLY WITH THE APPLICABLE PROVISIONS OF THE NEWTOWN BOROUGH NESHAMINY CREEK AND LITTLE NESHARlINY CREEK WATERSHED STORMWATER

MANAGEMENT ORDINANCE (ORDINANCE NO. 661); AND TO REVISE THE MINIMUM TOP EMBANKRlENT ELEVATION OF DETENTION BASINS TO SET

THE MINIMUM FN3EBOARD REQUIREMENTS AT ONE FOOT

B A C K G R O U N D :

A. By Ordinance No. 5 1 9, as amended, the Newtown Borough Council ("Council") has enacted a subdivision and land development ordinance ("SALDO") pursuant to its statutory authority, the Pennsylvania Municipalities Planning Code (the "MPC"), Act 247 of 1968, as amended (53 P.S. $10101 et seq.).

B. On March 8, 2005, the Council enacted Newtown Borough Ordinance No. 66 1, known as the Newtown Borough Neshaminy Creek and Little Neshaminy Creek Watershed Stormwater Management Ordinance (the "Stormwater Ordinance").

C. The S tormwater Ordinance was enacted to comply with the Phase I . regulations of the federal National Pollutant Discharge Elimination System; and to comply with the Pennsylvania Act 167 stormwater management ordinance of Bucks County.

D. The Stormwater Ordinance requires all subdivision and land development plans to satisfy its applicable requirements. Council wishes to amend the SALDO to reference the requirements of the Stormwater Ordinance; and to specify that all plans submitted for subdivision andlor land development approval cannot be approved until all applicable requirements of the Stonnwater Ordinance are met or waived.

E. The proposed SALDO amendment has been'advertised, considered and reviewed in accordance with MPC Section 505 (53 P.S. tj 10505), as amended.

NOW, THEREFORE, BE IT ENACTED AND ORDAINED, and it is hereby ENACTED AND ORDAINED by the Council of the Borough of Newtown, Bucks County, Pennsylvania, as follows:

Section 01 : Section 606.C, Design Criteria - General, of the SALDO is amended in full to read as follows:

"C. Design criteria - Stormwater Management.

1. The provisions of the Newtown Borough Neshaminy Creek and Little Neshaminy .

Creek Watershed Stormwater Management Ordinance (Ordinance 66 1, as amended), a true and correct copy of which is available fi-om Newtown Borough, are incorporated into this Newtown Borough Subdivision and Land Development Ordinance by reference. Where the provisions of this Ordinance conflict with provisions of the Newtown Borough Neshaminy Creek and Little Neshaminy Creek Watershed Stormwater Management Ordinance, the strictest provisions, as determined by Newtown Borough, shall apply.

2. No regulated activities, as outlined in Section 105 of the Newtown Borough Neshaminy Creek and Little Neshaminy Creek Watershed Stormwater Management Ordinance, shall be approved unless approval has been obtained for a stormwater management plan which complies with the provisions of this Ordinance and the Newtown Borough Nesharniny Creek and Little Neshaminy Creek Watershed Stormwater Management Ordinance. .

3. This section and the applicable provisions of the Newtown Borough Neshaminy Creek and Little Neshaminy Creek Watershed Stormwater Management Ordinance shall apply to all areas of Newtown Borough within the Neshaminy Creek and Little Neshaminy Creek watersheds."

Section 02: Section 606.D.12.j of the SALDO shall be amended in full to read as follows:

"j. The minimum fi-eeboard shall be one (1) foot. Freeboard is the.difference between the design flow elevations in the emergency spillway and the top of the settled detention basin embankment."

Section 03: In addition, all inconsistent provisions of other ordinances or resolutions are repealed to the extent of the inconsistency. All other provisions of the ordinances of Newtown Borough shall remain in full force and effect.

Section 04: The provisions of this ordinance are declared to be severable. If any provision of this ordinance is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this ordinance.

Section 05: This ordinance shall be effective immediately. fl

ORDAINED and ENACTED this /I/ day of lu- ,2001. L.

NEWTOWN BOROUGH COUNCIL

By: M*ne E. Torongo, presided

Attest: ~~~ ,$,,&uW- v i s ~.$au&an, Secretary

f

APPROVED this /f%ay of z-b , A.D., 2005.

G%eh D. Hains, Mayor

BOROUGH OF NEWTOWN

ORDINANCE NO. 7 0

AN ORDINANCE OF NEWTOWN BOROUGH, BUCKS COUNTY, PENNSYLVANIA, AMENDING THE NEWTOWN BOROUGH SUBDIVISION AND LAND DEVELOPMENT ORDINANCE BY MODIFYING THE DEFINITION OF WOODLANDS AND CREATING FEE-IN-LIEU FOR THE REMOVAL OF PROTECTED TREES AND WOODLANDS.

WHEREAS, by Ordinance No. 5 19, as amended, the Council of Newtown Borough, Bucks

County, Pennsylvania ("Council7') enacted a Subdivision and Land Development Ordinance

("SALDO") pursuant to its statutory authority, the Pennsylvania Municipalities Planning Code

("MPC"), Act 247 of 1968, as amended;

WHEREAS, through careful study and consideration, Council has determined that certain

provisions of the SALDO should be amended;

WHEREAS, the SALDO presently defines "woodlands" in a manner inconsistent with the

Borough Zoning Ordinance. Council wishes to make these definitions consistent;

WHEREAS, the SALDO mandates the preservation of certain trees and woodlands located

within the Borough. Council wishes to authorize itself to accept a fee-in-lieu of compliance with

these requirements and identify the use of funds received as fees in connection with these

requirements; and

NOW, THEREFORE, the Council of Newtown Borough, Bucks County, Pennsylvania does hereby

enact and ordain the following:

SECTION 1. Section 300(C) of the SALDO is amended to replace the definition of

"Woodlands" with the following:

Areas, groves or stands of trees covering an area of one-quarter acre or greater.

SECTION 2. The Subdivision and Land Development Ordinance of the Borough of Newtown

is hereby amended by the addition of the following Section 5 1 1.1 :

5 1 1.1 Fee in Lieu.

A. When a property owner or applicant proposes to remove one or more trees standing alone with a diameter of 16 inches or larger, in contravention of the Borough's tree preservation requirements, Borough Council may, but shall not be obligated to, accept a fee-in-lieu payment for the removal of each such protected tree. The initial fee upon enactment of this Ordinance shall be $500 for the first 16 inches in caliper and an additional $200 for each caliper inch in excess of 16 inches. The fee set forth herein is subject to change by Resolution of Council and inclusion in the Newtown Borough Fee Schedule, as adopted or amended from time to time.

B. When a property owner or applicant proposes to disturb or remove "woodlands," in contravention of the Borough's tree preservation requirements, Borough Council may, but shall not be obligated to, accept a fee-in-lieu payment for the disturbance or removal of such "woodlands." The initial fee upon enactment of this Ordinance shall be $1 5,000 for the first % acre and an additional $15,000 for each additional % acre or portion thereof. The fee set forth herein is subject to change by Resolution of Council and inclusion in the Newtown Borough Fee Schedule, as adopted or amended from time to time.

C. In the event that a property owner removes trees or disturbs or removes woodlands in a manner inconsistent with approved final plan, the Borough may apply the fees set forth in the preceding paragraphs to determine the cost of replacing the improperly removed or disturbed trees and/or woodlands.

D. All fees collected by the Borough pursuant to the terms of this provision shall be separately accounted for and applied to the improvement of Borough lands and buildings, including without limitation structural maintenance and repairs, landscaping and beautification projects.

SECTION 3. Whenever the requirements of this Ordinance are in conflict with other

requirements of the Ordinances of the Borough of Newtown, the most restrictive, or those

imposing the higher standards shall govern.

SECTION 4. The provisions of this Ordinance are severable. If any court of competent

jurisdiction thereof shall hold any section, clause, sentence, part or provision illegal, invalid or

unconstitutional, such decisions of the court shall not affect or impair any of the remaining

sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the

intent of the Council of the Borough of Newtown that this Ordinance would have been enacted if

such illegal, invalid or unconstitutional section, clause, sentence, part or provision had not been

included herein.

SECTION 5. This Ordinance shall become effective upon adoption by the Council of Newtown

Borough.

Dated:

NEWTOWN BOROUGH COUNCIL

By: c& 4kh/ Julia Woldorf, ~ r -

~ a r c i a Scull, secretary

Approveji by Dennis O'Brien, Mayor

~ k d S O'Brien. ~ a v 6 r

BOROUGH OF NEWTO'CW

ORDINANCE NO. 7 I l

AN ORDINANCE OF NEWTOWN BOROUGH, BUCKS COUNTY, PENNSYLVANIA, AMENDING THE NE\VTO\W BOROUGH ZONING ORDINANCE AND THE NEWOWN BOROUGH SUBDIVISION AND LAKD DEVELOPlMENT ORDINANCE BY ESTABLISHING AND ADOPTING PROCEDURES FOR THE REVIEIV OF A NEW TRADITIONAL NEIGHBORHOOD DEVELOPlMENT USE, AMENDING EXISTING PROVISIONS OF THE ZONING ORDINANCE ALLOWING FOR OTHER TRADITIONAL NEIGHBORHOOD DEVELOPlMENT USES, COORDINATING THE EXISTIXG ORDINANCES TO ACCOM34ODATE THE NEW PROVISIONS, ANID ADDING NEW DEFINITIOXS TO THE ZONING ORDINANCE.

WHEREAS, by Ordinance No. 653, as amended, the Council of Newtown Borough,

Bucks County, Pennsylvania ("Council") enacted a zoning ordinance ("Zoning Ordinance")

pursuant to its statutory authority, the Pennsylvania Municipalities Planning Code, Act 247 of

1968, as amended ("MPC");

WHEREAS, by Ordinance No. 519. as amended, the Council of Newtown Borough,

Bucks County, Pennsylvania ("Council") enacted a Subdivision and Land Development

Ordinance ("SALDO") pursuant to its statutory authority, the MPC;

WHEREAS, the MPC provides for the establishment of a Traditional Neighborhood

Development use for the purpose of allowing a mix of different types of residential andlor non-

residential uses on a single tract of land;

M E R E A S , by prior ordinance, Council established a Traditional Neighborhood

Development allowing for a variety of residential uses;

WHEREAS, through carehl study and consideration, Council has determined that

certain provisions of the Zoning Ordinance and SALDO should be amended to establish a new

Page 1 of 21

Page 2 of 21

Traditional Neighborhood Use allowing for mixed residential and non-residential uses in certain

Zoning Districts located in the Borough;

WHEREAS, the new TND provisions adopted hereunder:

1. Permit, by Conditional Use, residential and non-residential uses to occur on

the same lot both horizontally and vertically.

2. Encourage pedestrian circulation, a diversity of building types, and integrated

open space.

3. Provide specific regulations and guidelines for open space; non-residential

building and dwelling types; streets, alleys, sidewalks; and parking.

4. Provide specific design guidelines, review procedures and requirements to

ensure that new development will be visually and functionally compatible with

surrounding areas.

5. Address Zoning Ordinance and SALDO content that is missing,

deficient, incorrect, or contradictory.

NOW, THEREFORE, the Council of Newtown Borough, Bucks County, Pennsylvania

does hereby enact and ordain the following:

SECTION 1. Article 2, Section 201 of the Zoning Ordinance is hereby amended by the addition

of the following definitions, each to be inserted in alphabetical order:

Green Space - A landscaped form of open space designated for walking, active and passive recreation, community gardens, civic events and other activities. Green space shall connect to public walkways and nearby parks and greenways wherever possible, and be designed to complement and enhance adjoining uses and the community. Infill Development - a form of development integrating new construction and new buildings into the existing pattern of structures and open spaces within a neighborhood and/or district by respecting the forms, widths, heights, vertical and horizontal modulations; the pattern and size of openings; the scale of existing structures; and the attributes and quality of neighboring open spaces.

Page 3 of 21

Mixed-Use Building - a building designed or renovated to accommodate two (2) or more residential and non-residential uses with at least one non-residential use at street level and a second permitted residential or non-residential use on the upper story or stories. Mixed-Use Development - a form of development where two (2) or more residential and non-residential uses are mixed either horizontally across multiple establishments within separate buildings, horizontally across multiple establishments within the same building, or vertically to create a mixed-use building or buildings. Parking Structure - a constructed parking facility with two (2) or more vertical levels used for short-term storage of automobiles and other light vehicles. A parking structure may be built above or below-ground, fully-enclosed or open-air, attached to or detached from an occupied building, and may be publicly or privately owned and managed. Traditional Neighborhood Development (TND) - an area of land developed for a compatible mixture of residential units for various housing types, and non-residential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings and facilities, parks, plazas, and open space are interwoven within the neighborhood so that all are within relatively close proximity to each other and surrounding existing uses. TND is compact, limited in size, and oriented toward pedestrian activity. Generally, there is a hierarchy of streets and sidewalks laid out in a network pattern interconnecting with each other and the existing travel ways at the periphery of the TND. These provide multiple routes from origins to destinations and are appropriately designed to serve the needs of pedestrians, bicyclists, and motor vehicles equally.

SECTION 2. Article 4, Section 401 of the Zoning Ordinance is hereby amended by the addition

of the following Section 401(D), to be located following the existing Section 401(C):

D. Traditional Neighborhood Development (TND-1) - Mixed Residential and Non residential

1. Purpose and Intent

A. TND-1 uses are permitted by Conditional Use only as specified in Article 6 and described in Article 9, Section 904, of the Newtown Borough Zoning Ordinance. TND-1 is consistent with the design principles of traditional neighborhoods, and uses an alternative set of standards for mixed-use development for new or infill construction on a minimum amount of contiguous land. TND-1 encourages and promotes: 1. A diversity of uses, dwelling unit types, lot sizes and

open spaces in a compact arrangement that promotes

Page 4 of 21

internal and external pedestrian circulation. 2. New development which respects the building types found

in Newtown Borough. 3. A quality for neighborhoods that enhances the identity of

Newtown Borough as an authentic and livable community. 4. A range of development intensities most appropriate to the

immediate neighborhood context, recognizing decreasing intensities and commercial activity that are more distant from the Borough's commercial core.

2. Applicability of Other Codes and Ordinances

A. A TND-1 use is considered land development in accordance with the Pennsylvania Municipalities Planning Code. An application for TND-1 use shall comply with all applicable requirements of the Pennsylvania Municipalities Planning Code and other applicable ordinances adopted by Newtown Borough.

B. Zoning Ordinance - unless otherwise allowed by this Subsection

401.D., TND-1 shall comply with all applicable provisions of the Newtown Borough Zoning Ordinance, including without limitation, all area and dimensional requirements listed for each of the specific zoning districts where TND-1 applies. If there is a conflict between the Zoning Ordinance requirements and provisions of this TND-1 Subsection 401.D., the provisions of this Subsection shall apply.

C. Subdivision and Land Development - unless otherwise permitted

by this Subsection 401.D., TND-1 shall comply with all applicable provisions of the Newtown Borough Subdivision and Land Development Ordinance, including without limitation, the submission of all required documents in accordance with the requirements of the Subdivision and Land Development Ordinance. If there is a conflict between the design standards of the Subdivision and Land Development Ordinance and those of this TND-1 Subsection 401.D., the provisions of this Subsection shall apply.

D. Storm Water Management - unless otherwise required by this Subsection 401.D., TND-1 shall comply with all applicable provisions of the Newtown Borough Storm Water Management Ordinance.

Page 5 of 21

E. Historic District Standards - TND-1, or portions thereof, located in the designated Historic District shall comply with all applicable provisions of Newtown Borough's Historic District Ordinance. The allowances set forth in Articles IV and VII of the Subdivision and Land Development Ordinance for submission requirements for concurrent review by the Borough's Historic Architectural Review Board during the formal application process shall apply.

3. Development Standards and Uses A. Uses Permitted 1. The following uses are permitted:

a. Single-family detached dwelling. b. Two-family detached dwelling (twin/duplex). c. Townhouse/attached dwelling. d. Multi-family dwelling (apartment-style unit). e. Residential conversion. f. Home occupation (types 1 - 4). g. Bed and Breakfast. h. Commercial or trade school. i. Business or professional office. j. Community center. k. Financial establishment. l. Inn. m. Library or museum. n. Medical office. o. Municipal office. p. Parking structure. q. Performing Arts Center. r. Repair shop. s. Restaurant (including accessory outdoor dining). t. Specialty convenience/retail. u. Village retail or service business. v. Non-residential accessory structure. w. Residential accessory structure.

B. The minimum tract area permitted for TND-1 is two (2) acres.

C. A minimum of twenty percent (20%) of the gross acreage of a

TND-1 site shall remain or be developed as open space. Open space may include natural steep slopes, wetlands, landscaped storm water management facilities (such as rain gardens, vegetated swales and berms, subsurface infiltration beds), parks, plazas,

Page 6 of 21

recreation areas and other formal and informal open-air areas for active and passive use by the public.

1. At least twenty percent (20%) of the minimum required

open space shall be contiguous and remain in natural condition or be developed as pervious surface.

2. No more than thirty percent (30%) of the minimum

required open space shall be developed as impervious surface.

3. At least twenty percent (20%) of the minimum required open

space shall meet the definition requirements for green space.

D. TND-1 shall incorporate mixed-use development and mixed-use buildings. Non-residential uses at the street level combined with dwelling units on upper floors are encouraged so that a diversified and coordinated arrangement of mixed uses can be provided.

1. TND-1 shall focus first on building type, and second, on uses

within the building.

2. Residential and non-residential use shall each comprise at least twenty percent (20%) of the gross tract acreage exclusive of the area of existing perimeter street rights-of-way.

3. The total street level floor area of non-residential

development hall not exceed fifty percent (50%) of the gross building area of a TND-1 site, excluding enclosed parking facilities.

E. When a Preliminary Plan for a TND-1 site is submitted, the lots

shall be configured and designated by use as either residential, listing all dwelling unit types; non-residential, including mixed-use development; or open space.

1. Any future development on an individual lot, and any future

use in an individual building, shall conform to the use designated on the approved Preliminary Plan.

2. No dwelling units shown on the approved Preliminary

Plan shall be converted to non-residential use.

Page 7 of 21

F. Table of Regulation - TND-1

1. The use regulations, dimensions, lot coverages and all other underlying zoning requirements of the Borough Zoning Ordinance shall apply, unless superceded by the following requirements for uses permitted in TND-1.

a. Minimum lot area - single-family detached and two-

family detached dwelling: 6,000 square feet per dwelling unit.

b. Minimum lot area - townhouse/attached dwelling:

3,000 square feet per dwelling unit. c. Minimum lot area - non-residential use: 10,000

square feet. d. Minimum lot area - multi-family dwelling: total area

of all dwelling units multiplied by 1.45. e. Maximum impervious surface coverage: 60% per

site. f. Maximum building coverage: 50% per site. g. Minimum lot width at street line - single-family

detached dwelling: 50 feet. h. Minimum lot width at street line - two-family

detached dwelling: 30 feet per dwelling unit. i. Minimum lot width at street line -

townhouse/attached dwelling: 25 feet per dwelling unit.

j. Minimum lot width at street line - multi-family

dwelling: 100 feet. k. Minimum lot width at street line - non-residential use:

50 feet. l. Maximum building height - all uses: 35 feet.

Exception: stair and elevator enclosures, light poles on upper deck of parking structures.

Page 8 of 21

m. Minimum front yard setback - single-family and two-family detached dwelling: 20 feet.

n. Minimum front yard setback - townhouse/attached

dwelling: 5 feet. o. Minimum front yard setback - multi-family dwelling:

20 feet. p. Minimum front yard setback - non-residential use: 20

feet. q. Minimum side yard setback - all uses: 10 feet. r. Minimum rear yard setback - single-family and two-

family detached dwelling: 25 feet. s. Minimum rear yard setback- townhouse/attached

dwelling: 20 feet. t. Minimum rear yard setback - multi-family dwelling:

20 feet. u. Minimum rear yard setback - non-residential use: 20

feet. v. Maximum front yard build-to-line - all uses: 25 feet. w. Minimum distance between buildings - multi-family

dwellings: 20 feet. x. Minimum distance between buildings - non-

residential uses: 20 feet. y. Maximum number of multi-family dwelling units per

building: 16 units. z. Maximum length of a single structure containing

multifamily dwellings: 120 feet.

G. Construction and Phasing

1. No construction or pre-construction site work may commence until a Final Land Development Plan is approved.

Page 9 of 21

2. If the development is to be constructed in phases, the entire development shall be fully described and defined on the approved Preliminary Land Development Plan. Each phase shall be so planned that all applicable requirements of this Subsection 401.D. shall be fully complied with at the completion of construction for that phase.

3. If the development is constructed in phases, the impervious

surface coverage and building coverage for each completed phase shall not exceed the amounts assigned to that phase on the approved Final Land Development Plan.

4. Upon completion of the full project, the total amount of

impervious surface coverage and building coverage for all phases shall not exceed the total as calculated and shown on the approved Final Land Development Plan.

4. Design Standards

A. General Buildings (residential, non-residential and mixed-use)

1. Design standards for residential and non-residential

structures specified in the Borough ordinances shall apply, unless superseded by this Subsection 401.D.

2. The front facade of any new structure facing a public street

shall not be occupied by a garage door. On-lot parking space(s) or on-lot driveway(s) are not permitted along the front of any structure. Garage entries, whether to internal, attached, or detached garages, shall be located at the rear of the principal structure.

3. New structures shall be context-sensitive and based on

existing Newtown Borough precedents. They shall incorporate size, height, scale, density, massing and setback consistent with existing buildings of Newtown Borough located within two hundred (200) feet of the proposed TND-1 site, or that are on other properties adjoining the TND.

4. Structures shall not be located within the required

minimum setback lines of the applicable zoning district, except as permitted by subparagraph 401.D.4.B.6.

5. A structure greater than one story shall clearly delineate the

level between each floor of the structure through belt

Page 10 of 21

courses, cornice lines, fenestration, or other similar architectural detailing.

6. Attached structures within the same block shall maintain

consistent cornice lines with other structures of the same height.

7. Doorways, windows and other openings in the facade of

a structure shall be proportioned to reflect pedestrian scale and movement, and to encourage interest at the street level. Windows and doors on the front facade of a structure should create lines of sight between the structure and the street.

8. Blank, windowless walls shall not be permitted along public

street frontages.

9. Where solid walls are required by building codes, the wall shall be articulated by providing minor recesses or projections in building surfaces intended to emulate window rhythm.

10. Building materials shall be similar to those of the

surrounding neighborhood structures or possess other characteristics such as scale, form, color and architectural detailing to establish compatibility.

11. Preservation and adaptive re-use of existing historic

structures are encouraged. 12. Areas for snow storage shall be provided, or the

applicant shall propose an acceptable snow removal plan and receives formal approval for its implementation from the Borough.

13. Bicycle racks and dedicated bicycle storage space shall be

provided.

B. Non-residential Buildings

1. The architectural features, materials and the articulation of a non-residential structure shall be continued on all sides visible from a public street. The front facade shall not be oriented to face directly toward a parking lot or parking structure.

Page 11 of 21

2. A non-residential or mixed-use building located within a mixed use development shall be similar in size, height, scale, density, massing and setback to those new and existing buildings near or adjacent to it.

3.. The facade of a structure shall be divided into distinct

modules no longer than seventy-five (75) feet. Divisions may be achieved through the use of pilasters, piers, panels, or other recesses and projections.

4. A non-residential structure shall provide window

openings, doors, or other treatments sufficiently transparent to provide visibility into its interior. These elements shall have a similar degree of transparency compared to other buildings within a two-block proximity of the proposed structure.

5. Automobile drive-up windows shall not be permitted

except for fee transactions within a parking structure. 6. Up to five percent (5%) of the total frontage of non-

residential structures may incorporate awnings, colonnades, arcades, pergolas and other non-fully-enclosing, post or column-supported cover structures which project over the sidewalk.

C. Residential Buildings

1. Except for multi-family dwellings, residential structures

shall have a covered front porch, portico or stoop on the front facade of the structure. Minimum width shall be four (4) feet. Minimum depth shall be six (6) feet for porches and porticos and four (4) feet for stoops.

2. The main entrance of a structure shall face the street and

be clearly articulated through the use of architectural detailing.

3. Placement of windows and door entrances shall optimize

privacy of residents and minimize infringement on the privacy of adjoining land uses.

4. Natural stone or brick walls not exceeding four (4) feet in

height may be used to connect dwelling units to garages at the ends (external portion) of a group of attached units so that a continuous wall is formed. Ornamental fencing not

Page 12 of 21

exceeding four (4) feet in height may be used to separate yard spaces of internal adjoining units to enhance privacy.

D. Streets, Alleys and Sidewalks

1. Unless otherwise provided by this Subsection 401.D.,

streets and sidewalks shall comply with all applicable provisions of the Newtown Borough Subdivision and Land Development Ordinance.

2. Alleys shall provide vehicular access to the side or rear of

two (2) or more properties.

a. Alleys serving two-way traffic shall have a cartway of eighteen (18) feet; increase width to twenty-six (26) feet to accommodate parallel parking on one side.

b. Alleys serving one-way traffic shall have a cartway

of fourteen (14) feet; increase width to twenty-two (22) feet to accommodate parallel parking on one side.

c. Minimum curb radii for alley-to-street and alley-to-

alley intersections shall be twenty (20) feet.

3. Closed street systems, cul-de-sac streets and reverse frontage lots (i.e., a lot with its rear yard facing a public or private street) are prohibited.

4. The street network shall include sidewalks on both sides

of the street. Alleys facing public entrances to non-residential structures shall have sidewalks on at least one side.

E. Parking and Driveways

1. Parking shall be provided for private automobiles based on

safety, convenience, pedestrian and vehicular circulation and proximity of public parking and public transportation.

2. Parking facilities and driveways shall not be the dominant

feature of the site's design and/or the streetscape as viewed from the streets within and surrounding a TND.

Page 13 of 21

3. The overall parking plan may provide a combination of off-street and on-street spaces within a TND-1. On-street parking and effective arrangements for shared parking are encouraged.

4. A parking lot shall be located to the rear or side of a

structure. If located at the side, the parking shall be screened through the use of natural stone or brick walls, ornamental fencing, or landscaping. Walls, fencing, and landscaping shall not exceed four (4) feet in height.

5. Parking lots or parking structures shall provide an area

sufficient to allow not less than one bicycle parking space for every ten (10) motor vehicle parking spaces.

6. Garages shall be accessed from alleys or service drives; curb

cuts along streets shall not be permitted to directly access garages.

a. Where a paved non-parking apron is provided

perpendicular to an alley, the front of the garage shall be at least six (6) feet from the edge of the alley.

b. Where a paved parking apron is provided

perpendicular to an alley, the front of the garage shall be at least eighteen (18) feet from the edge of the alley.

c. Where a paved parking apron is provided parallel to

an alley, the front of the garage shall be at least eight (8) feet from the edge of the alley.

F. Off-street Loading and Trash Disposal

1. All non-residential loading areas and docks shall be

located to the rear of buildings. Loading docks shall not be visible from public streets. All loading areas and docks shall be recessed at least twenty-five (25) feet from residential property lines.

2. Outdoor stocking, storage or display of materials

shall not be permitted. 3. Trash storage/disposal areas for non-residential uses and

multi-family dwellings shall be located within buildings or a completely screened and secured exterior area located to

Page 14 of 21

the side or rear of the building. All such areas shall be recessed at least twenty-five (25) feet from residential property lines, and at least ten (10) feet from a perimeter property line of the site.

G. Streetscapes and Streetscape Amenities

1. Where blocks are created without streets, but where

buildings opposite each other face a pedestrian way, the typical width between building frontages shall be provided in the range from one hundred percent (100%) to two hundred percent (200%) of the building height of the highest building along that pedestrian way.

2. Amenities such as street furnishings, signs, cluster mailboxes,

lighting, and landscaping shall be designed and oriented to pedestrian use, and to create opportunities for interaction among neighbors in common pedestrian circulation areas.

3. Main gates, arches, monuments, marquee-type signs, or

other physical devices intended to visually separate or distinguish the TND-1 or any portion(s) thereof from the surrounding area shall be subject to approval of the Borough in accordance with Subparagraph 401.D.4.G.4 below.

4. A comprehensive sign program that establishes a consistent

sign theme shall be required for the entire TND-1 site. Signs shall share a common style (e.g., size, shape, material). In a mixed-use development, all signs shall be wall signs or projecting signs mounted perpendicular to the building face. Any other signage, such as main gates, arches, monuments, marquee-type signs, or other signage shall be consistent with the character of similar structures found in Newtown Borough.

5. Street lighting shall be provided along all streets and alleys.

Streetlights shall be installed on both sides of the street and at least one side of an alley at intervals recommended for the fixtures selected. Street lighting design shall meet the minimum standards developed by the Illumination Engineering Society (IES) and are subject to review and approval by the Borough Engineer.

Page 15 of 21

H. Other Requirements

1. TND-1 sites shall be served by public water and sewer utilities.

2. Electric transformers, water and gas metering equipment,

communications and security equipment, and other utility or service equipment shall be installed in underground vaults or boxes or within a completely enclosed building.

SECTION 3. Article 4, Section 401 of the Zoning Ordinance is hereby amended by the deletion

of Section 401(A)(4)(b) in its entirety and the addition of the following Section 401(A)(4)(b):

To create architectural interest in the layout and character of housing fronting the streets, variations in setbacks, materials and design shall be required. A maximum of thirty (30) inches variation in setback shall occur between every dwelling.

SECTION 4. Article 4, Section 401 of the Zoning Ordinance is hereby amended by the addition

of the following sections to Section 401(B):

26.1. Parking structure. [to be placed following existing Section 401(B)(26) (“Office, Medical).]

26.2. Performing arts center - a building in which theatrical plays, music, dance, and

other live performances are held and where movies may be shown. [to be placed following the newly inserted Section 401(B)(26a) (“Parking Structure”).]

36.1. Specialty convenience/retail - a retail store offering primarily groceries

(including prepared food items) and/or other small consumer items intended for quick carry-out trade. The sale of gasoline or motor fuels is not permitted. [to be placed following existing Section 401(B)(36) (“School”).]

SECTION 5. Article 4, Section 401 of the Zoning Ordinance is hereby amended by the

renumbering and relocation of existing Section 401(A)(5) to Section 401(E) and the re-titling of

said newly renumbered Section 401(E) to “Traditional Neighborhood Development (TND-2).”

This newly renumbered and relocated Section 401(E) is to be located following the newly added

Section 401(D). This newly renumbered and relocated Section 401(E) shall be further amended

by replacing the term “traditional neighborhood development” with “TND-2” throughout this

Page 16 of 21

Section (with the exception of the heading, which is to read as stated above). So as to avoid the

need to renumber other existing provisions, Section 401(A)(5) shall be retitled “Intentionally

Left Blank.”

SECTION 6. Article 4, Section 401 of the Zoning Ordinance is hereby amended by the deletion

of Section 401(C)(2)(b)(4) in its entirety and the addition of the following Section

401(C)(2)(b)(4):

Required setbacks from lot lines for buildings or structures with a floor area of more than 400 square feet shall be the same as the setback requirements for principal buildings in the district in which the building or structure is located.

SECTION 7. Article 5, Section 503 of the Zoning Ordinance is hereby amended by the deletion

of the unnumbered subparagraph entitled “Residential Uses” in its entirety and the addition of

the following unnumbered subparagraph in its place:

Residential Uses: Two (2) off-street parking spaces per dwelling unit for the following dwelling types: single family detached, two-family dwelling and residential conversion. Two (2) off-street parking spaces per dwelling unit plus one (1) overflow space per dwelling unit for the following dwelling types: multi-family dwelling - apartment style dwelling, and townhouse - attached style dwelling. Parking spaces provided within private garages and parking structures may be counted as meeting the off-street parking requirement for Traditional Neighborhood Development (TND-1) - Mixed Residential and Non-residential use pursuant to Subsection 401.D. Parking spaces provided within garages shall not be counted as meeting the off-street parking requirement, unless the garage is approved pursuant to a Traditional Neighborhood Development (TND-2) - Residential use pursuant to Subsection 401.E., in which case the garage size must be increased to accommodate parking two (2) vehicles and an additional twenty percent (20%) of storage space. Spaces that are stacked and require the moving of another vehicle in order to get access to the space shall not be counted toward the off-street parking requirement.

SECTION 8. Article 6, Section 603 of the Zoning Ordinance is hereby amended by the deletion

of the “Traditional neighborhood development” from Section 603(A)(3).

SECTION 9. Article 6, Section 603 of the Zoning Ordinance is hereby amended by the deletion

of Section 603(E) in its entirety and the renumbering of Section 603(F) to Section 603(E).

Page 17 of 21

SECTION 10. Article 6, Section 607 of the Zoning Ordinance is hereby amended by the

deletion of the words “except for traditional neighborhood development” from the introductory

paragraph of Section 607(C).

SECTION 11. Article 6, Section 607 of the Zoning Ordinance is hereby amended by the

deletion of Section 607(D) in its entirety and the addition of the following Section 607(D):

"Traditional Neighborhood Development - The requirements of Subsection 401.D. shall apply."

SECTION 12. Article 6, Section 608 of the Zoning Ordinance is hereby amended by the

deletion of the words “except Traditional Neighborhood Development” from the introductory

paragraph of Section 608(C).

SECTION 13. Article 6, Section 608 of the Zoning Ordinance is hereby amended by the

deletion of Section 608(D) in its entirety and the addition of the following Section 608(D):

"Traditional Neighborhood Development - The requirements of Subsection 401.D. shall apply."

SECTION 14. Article 6, Section 609 of the Zoning Ordinance is hereby amended by the

deletion of Section 609(D) in its entirety and the addition of the following Section 609(D):

"Traditional Neighborhood Development - The requirements of Subsection 401.D. and 401(E) shall apply."

SECTION 15. Article IV, Section 400 of the SALDO is hereby amended by the addition of the

following Section 400(D):

C. Optional Pre-application Procedures for Traditional Neighborhood Development (TND) Sketch Plan Review

1. The applicant schedules an initial pre-submission meeting with the

Borough to discuss the procedure for approval of a TND project including submittal requirements and design standards. A conceptual Sketch Plan is presented at this meeting for informal review by the Newtown Borough Planning Commission.

Page 18 of 21

2. Based on review of the conceptual Sketch Plan, and revisions resulting

from the initial meeting, a Detailed Sketch Plan is submitted. This plan may also be conceptual in detail, and should reflect all agreed-upon revisions and be accompanied by a reasonable projected schedule for implementation of the total development.

3. Based on its review and comments to the applicant regarding the Detailed Sketch Plan and projected schedule, the Planning Commission submits these documents with its comments and recommendations to Borough Council for its consideration and comment on the project concept.

4. Borough Council's support of a Detailed Sketch Plan may affirm that the plan presented conforms with the requirements of TND-1 contained in Subsection 401.D. or TND-2 contained in Subsection 401.E. of the Newtown Borough Zoning Ordinance, whichever is applicable. The plan shall be conditioned upon formal approval of preliminary and final land development plans in compliance with the Pennsylvania Municipalities Planning Code and Newtown Borough's Subdivision and Land Development Ordinance.

SECTION 16. Article IV, Section 402 of the SALDO is hereby amended by the addition of the

following two paragraphs to the end of the existing Section 402:

If approved by Borough Council, the Final Land Development Plan for the TND, as well as all other commitments and contractual agreements with the Borough, offered or required with regard to project value, character, and other factors pertinent to an assurance that the proposed development will be carried out as presented in the official submittal plans, shall be filed with Newtown Borough.

Formal documents for maintenance of public space shall be executed for streets, parks, plazas, open space, and other public areas within the TND based on private ownership or dedication to Newtown Borough.

SECTION 17. Article IV, Section 403 of the SALDO is hereby amended by the addition of the

following Sections 403(C), 403(D) and 403(E):

C. The Final Land Development Plan shall be filed with the office of the Recorder of Deeds for the County of Bucks in Doylestown, Pennsylvania along with such other documents as the Borough determines should be recorded.

D. Any subsequent change or addition to the recorded Final Land Development Plan

may constitute an alteration of that approved plan, and require submission of a revised Final Land Development Plan to the Borough.

Page 19 of 21

E. If, after approval and recordation of the Final Land Development Plan, any

portion or stage of the proposed TND is identified as not developed or constructed in compliance with the Final Land Development Plan, then the Borough may stop further construction of the development by posting appropriate notices at two (2) locations on the site and providing the applicant with written notice by certified mail. Construction shall be halted until such time as the applicant has made the necessary corrections to comply with the Final Land Development Plan as approved.

SECTION 18. Article VII, Section 701 of the SALDO is hereby amended by the addition of the

following Section 701(F):

F. Additional TND Preliminary Plan Requirements

1. A statement describing the general character of the intended development. 2. An accurate scaled map of the immediate project area including its

relationship to surrounding properties within one hundred (100) feet, existing topography, and key features within two hundred (200) feet of the project.

3. An open space plan showing and describing the location, size and

character of open space, green space and common areas. 4. A scaled plan of the full TND site indicating proposed locations of trash

storage/ disposal areas, snow storage areas, exterior cluster mailboxes, overhanging building elements (awnings, colonnades, pergolas, etc.), bicycle racks and storage areas, and on-site public transit stops/shelters, if applicable and planned for the development.

5. Preliminary architectural schematic elevations of the building exteriors

including basic information on materials. Include photographic evidence that accurately depicts, by graphic overlaying, the proposed structures in context with adjacent and immediately surrounding existing structures and site conditions to remain.

6. Information in schedule format indicating lengths, widths, and heights of

all proposed structures. 7. A utility feasibility study confirming availability and adequacy of required

utilities.

Page 20 of 21

8. General outline of intended organizational structure related to deed restrictions, and public/private management of common spaces and services.

9. A Fiscal Impact Analysis report may be required if Borough Council

determines that such a document is necessary to evaluate the proposed TND.

SECTION 19. Article VII, Section 702 of the SALDO is hereby amended by the addition of the

following Section 702(E):

E. Additional TND Final Plan Requirements

1. Formal graphic and written documentation proving compliance with all recommendations and modifications agreed upon resulting from the Preliminary Land Development Plan review process.

2. Final architectural schematic elevations of all building exteriors and forms

including notes, schedules and details describing exterior building materials; doors, windows and trim; roofing materials and styles; chimneys, dormers, porches, porticos, stoops; and other architectural elements shown to support the application's intent to achieve a context-sensitive and visual consistency with existing buildings of Newtown Borough. Include photographic evidence that accurately depicts, by graphic overlaying, the proposed structures in context with adjacent and immediately surrounding existing structures and site conditions to remain.

3. A detailed Open Space Design Plan showing the location and treatment of

open and green space areas and general landscape treatment, locations, size, and character of all common areas and hardscape types, including the provision for their maintenance.

4. A development schedule indicating:

a. The approximate date when construction of the project can be

expected to begin.

b. The phases in which the project will be built and the approximate date when construction of each phase can be expected to begin.

c. The approximate date when the development of each of the phases

is anticipated.

d. The area and location of open space that will be provided at each phase.

5. Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the TND and any of its common services, common open areas or other facilities.

SECTION 20. meneve r the requirements of this Ordinance are in conflict with other

requirements of the Ordinances of the Borough of Newtown, the most restrictive, or those

imposing the higher standards shall govem.

SECTION 21. The provisions of this Ordinance are severable. If any court of competent

jurisdiction thereof shall hold any section, clause, sentence, part or provision illegal, invalid or

unconstitutional, such decisions of the court shall not affect or impair any of the remaining

sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the

intent of the Council of the Borough of Newtown that this Ordinance would have been enacted if

such illegal, invalid or unconstitutional section, clause, sentence, part or provision had not been

included herein.

SECTION 22. This Ordinance shall become effective upon adoption by the Council of

Newtown Borough.

Dated: zh%-/// i .i

hJEWTO\VN BOROUGH COmTCIL

n

~ t t e s t - ~ - - a ~ , - Marcia Scull, Secretary

Approved by Dennis O'Brien, Mayor i ;

, I - / J

.! ,/ pvIhn7/8 ;,

,& ~enfr t i?b '~r ien, Mayor

Page 21 of 21