SUBDIVISION AND LAND DEVELOPMENT ORDINANCE...

SUBDIVISION AND LAND DEVELOPMENT ORDINANCE

BOROUGH OF MORRISVILLE

Ordinance 61 4, of 12/12/68

As Amended Through

Ordinance 863, 6/8/93

PENNS VALLEY PUBLISHERS (A Division of Fry Communications, Inc.)

Mec han ics bu rg , Pen ns y Ivan ia

September 24, 1993

CHAPTER 22

SUBDIVISION AND LAND DEVELOPMENT

.

Part 1

Subdivision Regulations

5100. Purpose 5101. Intent 5102. Short Title 5103. Interpretations 5104. Adoption of Subdivision Regulations

Part 2

Definitions

5200. General 5201. Definitions

Part 3

Jurisdiction and Penalties

5300. Subdivision and Land Development Control 5301. Sale of Lots; Issuance of Building Permits for Erection of Building 5302. Enforcement Remedies 5303. Preventative Remedies 5304. Amendments

Part 4

Procedure for Subdivision and Land Development

5400. General 5401. Sketch Plan 5402. Preliminary Plan 5403. 5404. Final Plan; Minor Subdivision 5405. Recording of Final Plans

Final Plan; Major Subdivision and Land Development

Part 5 Design Standards

5500. Application 5501. General 5502. Community Facilities 5503. Street System 5504. Street Standards

Page Revised 6 / 8 / 1 9 9 3 - 221 -

5505. 5506. 5507. 1508. 5509. 5510. 551 1. 5512. 5513. 5514. 1515. 5516. 1517.

1600. 5601. 5602. 5603. 5604. 1605. 1606. 5607. 5608. 5 609. 5610. 561 1. 1612. 5613. 5614.

1700. 5701.

8702. 5703.

1800. 1801. 5802. 5803. 1804.

Tree Protection Zone Street Alignment Street Grades Street Intersections Alleys Easements Blocks Lots Sidewalks Driveways Automobile Parking Facilities Nonresidential Developments Multi-family Developments

Part 6

Required Improvements

Purpose Application Revision of Plans Maintenance Street Improvements Street Signs Street Lighting Monuments Sidewalks Curbs Storm Sewerage System Recreation Areas and Public Facilities Water Supply Sanitary Sewer Facilities Public Utilities

Part 7

Required Contracts

Contracts Completion of Improvements or Guarantee Thereof Prerequisite to

Release From Improvement Bond Remedies to Effect Completion of Improvements

Final Plat Approval

Part 8

Application and Plan Requirements

General Application Requirements Tentative Sketch Plan Preliminary Plan Minor Subdivision Plan

- 222 - Page Revised 6/8 /1993

5805. Final Plan 5806. Record Plan 5807. Modification of Requirements

0 Part 9

Administration

5900. Modifications 1901. Conditions §902. Review Fees §903. Inspection 5904. Exemptions 8905. Effect of Change in This Chapter 5906. Severability

Appendices

A. Subdivision and Land Development Application B. Check List for Tentative Sketch Plan C. Check List for Preliminary Plan D. Check List for Final Plan E. Check List for Minor Subdivision Plan

Page Revised 6/8 /1993 - 223 -

a - 224 -

(22, 5100)

Part 1 Subdivision Regulations

(22, 1100)

P

1100. Purpose. The purpose of this Chapter is to regulate and to control the division and development of land within Morrisville Borough, in order to promote the health, safety, morals and general welfare of the Borough. (Ord. 614, 12/12/1968)

5101. Intent. The general intent of this Chapter is to regulate the

A . Assure sites suitable for building purposes and human habitation and to provide for the harmonious development of Morrisville Borough;

B. Coordinate existing streets with proposed streets, parks, or other features of the official street plan of the Borough;

C. Insure adequate open spaces for traffic, recreation, light, and air;

D. Provide for proper distribution of population; E. Facilitate the adequate provision of transportation, water,

F. Give effect to the policies and proposals of the

G. Lessen congestion on the streets and highways.

division and development of land to:

sewerage, schools, parks, and other public facilities;

Comprehensive Plan for Morrisville Borough; and,

(Ord. 614, 12/12/1968)

5102. Short Title. This Chapter may be cited as the "Morrisville Borough Subdivision and Land Development Regulations." (Ord. 614, 12/12/1968)

5103. Interpretation. The provisions of this Chapter shall be held to be minimum requirements to meet the above stated purposes. Where the provisions of this Chapter impose greater restrictions than those of any statute, other ordinance, o r regulation, the provisions of this Chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this Chapter, the provisions of such statute, ordinance, or regulation shall prevail. (Ord. - 614, 12/12/1968) -

5104. Adoption of Subdivision Regulations. "The Morrisville Borough Subdivision and Land Development Regulations," as prepared for the Morrisville Borough Planning Commission by the staff of the Bucks County Planning Commission and as made in accordance with the Comprehensive Plan submitted to Council, and as recommended by the Morrisville Borough Planning Commission for adoption by Council, and as typed or printed under the direction of Council, is hereby adopted and accepted by reference. (Ord. 614, 12/12/1968)

Page Revised 6/8/1993 - 225 -

(22, 5200)

Part 2 Definitions

5200. General.

(22, 5200)

1. Unless a contrary intention clearly appears, the following words and phrases have for the purpose of this Chapter the meanings given in the following clauses.

2. For the purpose of this Chapter the words and terms used herein shall be interpreted as follows:

A. Words used in the present tense include the future.

B. The singular includes the plural.

C. The word "person" includes a corporation, partnership, and

D. The word "lot" includes the word "plot" or "parcel." E. The term llshall" is always mandatory. F. The word "Commission" and the words "Planning Commission"

always mean the Morrisville Borough Planning Commission.

G. The word tlCouncilll and the words "Borough Council" always mean the Morrisville Borough Council.

3. Any word or term not defined herein shall be used with a meaning

association as well as the individual.

of standard usage.

(Ord. 614, 12/12/1968)

5201. Definitions.

APPLICANT - Any person who submits to the Borough Council subdivision or land development plans for the purpose of obtaining approval thereof.

APPLICATION FOR DEVELOPMENT - Every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan. [Ord. 8631

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 SETBACK LINE - The rear line of the minimum required front

yard. The building setback line shall be measured from the proposed or future right-of-way.

CARTWAY - The hard or paved surface portion of any street, or that portion of a street customarily used by vehicles in the regular course of travel over the street.

COMMON OPEN SPACE - A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not

Page Revised 6/8/1993 - 227 -

( 2 2 , 5200, cont'd) ( 2 2 , 5200, cont'd)

including streets, off-street parking areas, and areas set aside for public facilities. [Ord. 8631

CUL-DE-SAC - A secondary street with one (1) end open for vehicular and pedestrian access and the other end terminating in a vehicular turnaround.

DEVELOPER - Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. [Ord. 8631

DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land. [Ord. 7301

DEVELOPMENT PLAN - The provisions for development including a planned residential development, a plat of subdivision, all covenants rdlating 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 development plan" when used in this Chapter shall mean the written and graphic materials referred to in this definition. [Ord. 8631

DRAINAGE FACILITY - Any ditch, pipe, culvert, storm sewer, or structure, designed, intended, or constructed for the purpose of diverting surface water from, or carrying surface water off streets, public rights of way, parks, recreational areas, or any part of any subdivision or contiguous territory.

DRIVEWAY - A private way for the use of vehicles and pedestrians providing access between a street and a parking area or garage within a lot or property.

DWELLING UNIT - Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one (1) family .

EASEMENT - A limited right of use granted in private land for public or quasi-public purpose.

FEEDER ROOTS - the smallest roots of a tree, which are responsible for most of the absorption of nutrients into the tree; most are located within the top twelve (12) inches of the soil. [Ord. 8631

FLOODPLAIN - Areas adjoining any river, stream, or watercourse which are subject to flooding as defined and delineated in the Borough of Morris- ville Zoning Ordinance [Chapter 271.

IMPROVEMENTS - Include street construction, with or without curb, sidewalks and ways, water mains, sewers of all kinds, public utility facilities, and other appropriate items.

LAND DEVELOPMENT - Any of the following activities:

lots, tracts or parcels of land for any purpose involving: A. The improvement of one (1) lot or two (2) or more contiguous

- 228 - Page Revised 6 / 8 / 1 9 9 3

4

(22, 5200, cont'd) (22, 5200, cont'd)

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

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

B. A subdivision of land. C. "Land development" does not include development which in-

(1) The conversion of an existing single family detached dwelling or single family semi-detached dwelling into not more than three (3) residential units, unless such units are intended t o be a condominium;

(2) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building; or,

( 3 ) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.

volves :

[Ord. 8631 LOT - A designated parcel, tract or area of land established by a plat

or otherwise as permitted by law and to be used, developed o r built upon as a unit. [Ord. 8631

LOT AREA - An area contained within the property lines of the individual parcels of land as shown on a subdivision plan. The lot area shall be measured to the street line.

LOT, CORNER - A lot which has an interior angle of less than one hundred and thirty-five (135) degrees at the intersection of two (2) street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at the points beginning with the lot or at the points of intersection of the side lot lines with the street right-of-way lines intersect at an interior angle of less than one hundred and thirty-five (135) degrees.

LOT LINE - Any boundary line of a lot. MINOR SUBDIVISION - The division of a single lot, tract, or parcel of

land into two (2) lots, tracts, or parcels of land, for the purpose, whether immediate or future, of transfer of ownership or of building development , providing the proposed l o t s , tracts, or parcels of land thereby created have frontage on existing improved streets of sufficient

Page Revised 6/8 /1993 - 229 -

(22, 5200, cont 'd) (22, 9200, cont 'd )

- 230 - Page R e v i s e d 6/8 /1993

width and providing f u r t h e r t h a t t h e r e i s no t c r ea t ed by the subdiv is ion any new s t r e e t , s t r e e t s , easement of access or t h e need the re fo r .

MOBILEHOME - A t r anspor t ab le , s ingle-family dwell ing intended f o r permanent occupancy, contained i n one (1) u n i t o r i n two (2) o r more u n i t s designed t o be jo ined i n t o one (1) i n t e g r a l u n i t capable of aga in being separa ted f o r repea ted towing, which a r r i v e s a t a s i t e complete and ready f o r occupancy except f o r minor and i n c i d e n t a l unpacking and assembly ope ra t ions , and cons t ruc ted s o t h a t i t may be used without a permanent foundation. [Ord. 8631

MOBILEHOME LOT - A p a r c e l of land i n a mobilehome park , improved wi th the necessary u t i l i t y connect ions and o t h e r appurtenances necessary f o r t h e e r e c t i o n thereon of a s i n g l e mobilehome. [Ord. 8631

MOBILEHOME PARK - A p a r c e l o r contiguous p a r c e l s of land which has been s o des igna ted and improved t h a t it conta ins two ( 2 ) o r more mobilehome l o t s f o r t h e placement thereon of mobilehomes. [Ord. 8631

MULTIPLE DWELLING B U I L D I N G - A bu i ld ing provid ing s e p a r a t e l i v i n g q u a r t e r s f o r two ( 2 ) o r more f ami l i e s .

MUNICIPAL ARBORIST - a person s e l e c t e d by t h e Borough whose respons i - b i l i t i e s inc lude ensur ing t h a t t h e t r e e p r o t e c t i o n s tandards a r e followed c o r r e c t l y . The municipal a r b o r i s t must have a degree i n a b o r i c u l t u r e , h o r t i c u l t u r e , f o r e s t r y , landscape a r c h i t e t u r e , s i l v i c u l t u r e o r p l a n t physiology and have a knowledge of and experience i n t h e methods of t r e e p ro tec t ion . [Ord. 8631

MUNICIPAL AUTHORITY - A body p o l i t i c and corpora te c rea t ed pursuant t o the Act of May 2 , 1945 (P.L. 382, No. 164) , known as t h e "Munic ipa l i t i es Author i ty Act of 1945." [Ord. 8631

PRUNING - removal of branches from a t r e e us ing proper t o o l s and

PUBLIC GROUNDS - Includes: approved c u t t i n g techniques. [Ord. 8631

A. Parks , playgrounds, t r a i l s , pa ths and o t h e r r e c r e a t i o n a l a r e a s and o t h e r p u b l i c areas;

B. S i t e s f o r schools , sewage t rea tment , r e f u s e d i s p o s a l and o the r p u b l i c l y owned o r operated f a c i l i t i e s ; and,

C. Pub l i c ly owned o r opera ted s c e n i c and h i s t o r i c si tes.

[Ord. 8631

PUBLIC HEARING - A formal meeting he ld pursuant t o pub l i c n o t i c e by . t he Borough Counc i l . o r t h e Borough Planning Commission, intended t o inform

and ob ta in publ ic comment, p r i o r t o t ak ing a c t i o n i n accordance wi th t h i s Chapter. [Ord. 8631

PUBLIC MEETING - A forum he ld pursuant t o n o t i c e under t h e Act of J u l y 3, 1986 (P.L. 388, No. 8 4 ) , known as t h e "Sunshine A c t , " 53 P.S. 55271 e t seq. [Ord. 8631

PUBLIC NOTICE - Notice publ ished once each week f o r two (2) success ive weeks i n a newspaper of gene ra l c i r c u l a t i o n i n t h e Borough. Such n o t i c e s h a l l s t a t e t h e time and p l ace of t h e hea r ing and the p a r t i c u l a r na tu re of t he mat te r t o be considered a t t h e hear ing . The f i r s t pub l i ca t ion s h a l l

( 2 2 , 4200, cont 'd ) ( 2 2 , 4200, cont 'd)

l -

e

0

not be more than t h i r t y (30) days and t h e second p u b l i c a t i o n s h a l l not be l e s s than seven ( 7 ) days from t h e d a t e of t h e hear ing . [Ord. 8631

RIGHT-OF-WAY - Land s e t a s i d e f o r use as a s t r e e t , a l l e y , s t ream, s a n i t a r y o r storm sewer drainage d i t c h , o r f o r another s p e c i a l use. The use of t h e term "right-of-way" f o r land-p lo t t ing purposes i n the Borough s h a l l mean t h a t every right-of-way h e r e a f t e r e s t ab l i shed and shown on a f i n a l record p lan i s t o be sepa ra t e and d i s t i n c t from l o t s o r p a r c e l s ad jo in ing such l o t s or pa rce l s .

RIGHT-OF-WAY, FUTURE - A . The right-of-way width r equ i r ed f o r t h e expansion of e x i s t i n g

B. A right-of-way e s t ab l i shed t o provide f u t u r e access t o o r

s t r e e t s t o accommodate a n t i c i p a t e d f u t u r e t r a f f i c loads .

through undeveloped land.

STREET - A. Inc ludes s t r e e t , avenue, boulevard, road, highway, freeway,

parkway, l ane , a l l e y , v iaduct o r any o t h e r ways used o r intended t o be used by veh icu la r t r a f f i c o r pedes t r i ans whether publ ic o r p r i v a t e . [Ord. 8631

B. S t r e e t s a r e f u r t h e r def ined and c l a s s i f i e d as follows:

(1) Thoroughfares.

(a ) Expressways. Designed f o r l a r g e volumes and high-speed t r a f f i c with access l imi t ed t o grade separa ted i n t e r s ec t ions.

(b) A r t e r i a l S t r e e t s . Designed f o r l a r g e volumes and high-speed t r a f f i c with access t o a b u t t i n g p r o p e r t i e s con t ro l l ed .

(c ) Co l l ec to r S t r e e t s . Designed t o move l a r g e volumes of t r a f f i c t o and from a r t e r i a l s and expressways. Access t o a b u t t i n g p r o p e r t i e s r e s t r i c t e d except access t o major l o c a l t r a f f i c genera tors - bus iness , i ndus t ry , and important publ ic bu i ld ings .

( 2 ) Local S t r e e t s .

(d) Primary Access S t r e e t . Designed t o provide access t o a b u t t i n g p r o p e r t i e s and t o c a r r y t r a f f i c from secondary s t r e e t s t o c o l l e c t o r s t r e e t s and community f a c i l i t i e s .

(e ) Secondary Access S t r e e t s . Designed p r imar i ly t o provide access t o a b u t t i n g p r o p e r t i e s .

( f ) Marginal Acce-ss S t r e e t . Is a s e r v i c e s t ree t which is p a r a l l e l t o and( ad jacent t o an a r t e r i a l o r c o l l e c t o r s t r e e t ; and which provides access t o a b u t t i n g p r o p e r t i e s and p r o t e c t i o n from through t r a f f i c .

(g) Alley. A'minor way which i s used p r imar i ly f o r veh icu la r s e r v i c e access t o t h e back o r t h e s i d e of proper- t i e s otherwise a b u t t i n g on a s t r e e t of h igher c l a s s - i f i c a t i o n .

\

\

Page Revised 6/8/1993 - 231 -

( 2 2 , 1200, cont 'd) (22, 1200, cont 'd)

STREET L I N E - The d iv id ing l i n e between t h e s t r e e t and the l o t . The s t r e e t l i n e s h a l l be t h e same as t h e l e g a l right-of-way l i n e provided t h a t (1) t h e s t r e e t right-of-way s h a l l be not l e s s than twenty-five (25) f e e t from the c e n t e r l i n e of any road o r s t r e e t , and ( 2 ) where a f u t u r e r i g h t - of-way width f o r a road o r a s t ree t has been o f f i c i a l l y e s t a b l i s h e d , then the s t r e e t right-of-way l i n e s h a l l be the s i d e l i n e of t h e f u t u r e r i g h t - of-way as e s t ab l i shed .

STRUCTURE - Any man-made o b j e c t having an a s c e r t a i n a b l e s t a t i o n a r y l o c a t i o n on o r i n land o r water, whether o r no t a f f i x e d t o t h e land. [Ord. 863 I

S U B D I V I S I O N - The d i v i s i o n o r r e d i v i s i o n of a l o t , t r a c t o r p a r c e l of land by any means i n t o two (2) o r more l o t s , t r a c t s , p a r c e l s o r o the r d i v i s i o n s of land inc luding changes i n e x i s t i n g l o t l i n e s f o r t h e purpose, whether immediate o r f u t u r e , of l e a s e , p a r t i t i o n by t h e cour t f o r d i s t r i b u - t i o n t o h e i r s o r devisees , t r a n s f e r of ownership o r bu i ld ing o r l o t development: Provided, however, t h a t t he subdiv is ion by l e a s e of land f o r a g r i c u l t u r a l purposes i n t o p a r c e l s of more than t e n (10) a c r e s , no t involv-

- -

~~

i ng any new s t r e e t o r easement of access o r any r e s i d e n t i a l dwell ing, s h a l l be exempted. [Ord. 8631

SUBSTANTIAL IMPROVEMENT - Any r e p a i r , r econs t ruc t ion , o r improvement of a s t r u c t u r e , t h e c o s t of which equals o r exceeds f i f t y pe rcen t (50%) of t h e market va lue of t h e s t r u c t u r e e i t h e r ( a ) before t h e improvement o r r e p a i r i s s t a r t e d , o r (b) i f t h e s t r u c t u r e h a s been damaged, and is being r e s t o r e d , before t h e damage occurred. For t h e purposes of t h i s d e f i n i t i o n

s u b s t a n t i a l improvement'' i s considered t o occur when t h e f i r s t a l t e r a t i o n of any w a l l , c e i l i n g , f l o o r , o r o t h e r s t r u c t u r a l p a r t of t he bu i ld ing commences, whether o r no t t h a t a l t e r a t i o n a f f e c t s t h e e x t e r n a l dimensions of t he s t r u c t u r e . The term does n o t , however, inc lude e i t h e r (1) any p r o j e c t f o r improvement of a s t r u c t u r e t o comply wi th e x i s t i n g s t a t e o r l o c a l h e a l t h , s a n i t a r y , o r s a f e t y code s p e c i f i c a t i o n s which a r e s o l e l y necessary t o a s s u r e s a f e l i v i n g condi t ions o r ( 2 ) any a l t e r a t i o n of a s t r u c t u r e l i s t e d on t h e Nat iona l Reg i s t e r of H i s t o r i c P laces o r a S t a t e Inventory of H i s t o r i c P laces . [Ord. 7301

SUBSTANTIALLY COMPLETED - Where i n t h e judgment of t h e Borough Engi- nee r , a t l e a s t n ine ty (90) percent (based on t h e c o s t of t h e requi red improvements f o r which f i n a n c i a l s e c u r i t y w a s posted pursuant t o the requirements of t h i s Chapter) of those improvements r equ i r ed as a condi t ion f o r f i n a l approval have been completed i n accordance with t h e approved p l an , s o t h a t t h e p r o j e c t w i l l be a b l e t o be used, occupied o r operated f o r i t s intended use. [Ord. 8631

USE - Any a c t i v i t y , occupat ion, bus iness o r ope ra t ion c a r r i e d on, o r intended t o be c a r r i e d on, i n a bu i ld ing o r o t h e r s t r u c t u r e o r on a t r a c t of land.

TREE DRIPLINE - t h e l i n e marking t h e ou te r edges of t h e branches of t h e t ree . [Ord. 8631

TREE PROTECTION ZONE (TPZ) - an a rea t h a t i s r a d i a l t o t he t runk of a t r e e i n which no cons t ruc t ion a c t i v i t y s h a l l occur. The t r e e p r o t e c t i o n zone s h a l l be f i f t e e n (15) f e e t from t h e t runk of t h e t ree t o be r e t a i n e d o r t he d i s t a n c e from t h e t runk t o t h e d r i p l i n e , whichever i s g r e a t e r .

II

- 232 - Page Revised 6 /8 /1993

(22, 5200, cont'd) (22, 5200, cont'd)

Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.

WATER SURVEY - an inventory of the source, quantity, yield and use of * [Ord. 8631

groundwater and surface-water resources within the Borough. [Ord; 8631

WOODLANDS - the area comprising one (1) or more acres of wooded land where the largest trees measure at least six (6) inches diameter at breast height (dbh), four and one-half (41) feet from the ground, or a grove of trees forming one (1) canopy where ten (10) or more trees measure at least ten (10) inches dbh. [Ord. 8631

YARD - An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or a street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.

YARD, FRONT - A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one (1) street, the yards extending along all streets are front yards.

(Ord. 614, 12/12/1968; as amended by Ord. 727, 9/26/1977; by Ord. 730, 12/13/1977, 51; by Ord. 800, 5/14/1984; and by Ord. 863, 6/8/1993)

Page Revised 6/8/1993 - 233 -

(22, 5300) (22, 5300)

P a r t 3

J u r i s d i c t i o n and P e n a l t i e s

5300. Subdivis ion and Land Development Control. It s h a l l be unlawful f o r t he owner of any land i n t h e Borough, o r any o t h e r person, f i rm , o r corpora t ion , t o subdivide any l o t , t r a c t o r p a r c e l of land , o r l a y o u t , cons t ruc t , open o r ded ica t e f o r publ ic use o r t r a v e l , any s t r e e t , s a n i t a r y sewer, storm sewer, drainage f a c i l i t i e s , o r o t h e r f a c i l i t i e s i n connection

subdiv is ion o r land development, un le s s and u n t i l f i n a l p l ans of such subdiv is ion o r development s h a l l have been prepared by a r e g i s t e r e d pro- f e s s i o n a l engineer o r r e g i s t e r e d land surveyor , submitted t o and approved i n w r i t i n g thereon by the Borough Council (except f o r minor subdiv is ions) and recorded i n the Bucks County Recorder of Deeds o f f i c e i n Doylestown, Pennsylvania. (Ord. 614, 12/12/1968)

- therewi th , o r f o r t h e common use of occupants of bu i ld ings wi th in the

0301. Sale of Lots: Issuance of Building Permits f o r Erec t ion of Building.

1. No l o t i n a subdiv is ion may be so ld and no permit t o e r e c t , a l t e r , o r r e p a i r any bu i ld ing upon land i n a subdiv is ion may be i s sued , and no bu i ld ing may be e rec t ed i n a subdiv is ion , un le s s and u n t i l a p lan of such subdiv is ion s h a l l have been approved and proper ly recorded, and u n t i l t h e improvements requi red by Borough Council i n connection therewi th s h a l l have e i t h e r been cons t ruc ted o r guaranteed as h e r e i n a f t e r provided.

2. No bu i ld ing depending on ing res s and eg res s upon the improvement of any s t r e e t o r s t r e e t s , h e r e i n provided f o r , s h a l l be permit ted t o be occupied before such improvements are f u l l y completed f r0m.a now e x i s t i n g paved s t r e e t t o and ac ross the f r o n t of t he l o t on which the house i s loca ted , and/or t o a s u f f i c i e n t depth along the s i d e of t he l o t t o s e r v i c e any driveway, driveways, o r parking space.

3. No bu i ld ing depending upon publ ic water and sewer f a c i l i t i e s s h a l l be permit ted t o be occupied before such f a c i l i t i e s are f u l l y provided and ope ra t iona l .

(Ord. 614, 12/12/1968)

e

5302. Enforcement Remedies.

1. Any ,person, pa r tne r sh ip o r corpora t ion who o r which has v i o l a t e d the provis ions o f t h i s Chapter s h a l l , upon being found l i a b l e t h e r e f o r i n a c i v i l enforcement proceeding commenced by t h e Borough, pay a judgment of not more than f i v e hundred d o l l a r s ($500.00) p lus a l l cour t c o s t s , includ- i n g reasonable a t to rney f e e s incur red by the Borough as a r e s u l t t he reo f . No judgment s h a l l commence o r be imposed, l ev i ed o r payable u n t i l t h e d a t e of t h e de te rmina t ion of a v i o l a t i o n by the d i s t r i c t j u s t i c e . I f t h e defendant n e i t h e r pays nor t imely appea ls t h e judgment, the Borough may enforce the judgment pursuant t o the app l i cab le r u l e s of c i v i l procedure. Each day t h a t a v i o l a t i o n cont inues s h a l l c o n s t i t u t e a sepa ra t e v i o l a t i o n , un le s s t he d i s t r i c t j u s t i c e determining t h a t t h e r e has been a v i o l a t i o n f u r t h e r determines t h a t t h e r e w a s a good f a i t h b a s i s f o r t h e person, pa r tne r sh ip , o r corpora t ion v i o l a t i n g t h i s Chapter t o have be l ieved t h a t t h e r e w a s no such v i o l a t i o n , i n which event t h e r e s h a l l be deemed t o have

Page Revised 6/8/1993 - 235 -

(22, §302(1), cont 'd) (22, §302(1) , cont 'd )

been only one (1) such v i o l a t i o n u n t i l t he f i f t h (5 th) day fol lowing the d a t e of t h e de te rmina t ion of a v i o l a t i o n by t h e d i s t r i c t j u s t i c e and t h e r e a f t e r each day t h a t a v i o l a t i o n cont inues s h a l l c o n s t i t u t e a sepa ra t e v i o l a t i o n .

2 . The cour t of common p l e a s , upon p e t i t i o n , may g ran t an o rde r of s t a y , upon cause shown, t o l l i n g t h e pe r diem judgment pending a f i n a l ad jud ica t ion of t he v i o l a t i o n and judgment.

3. Nothing contained i n t h i s Sec t ion s h a l l be construed o r i n t e r - p re ted t o gran t t o any person o r v i l l e t h e r i g h t t o commence any Sect ion.

4. D i s t r i c t j u s t i c e s s h a l l brought under t h i s Sect ion.

(Ord. 614, 12/12/1968; as amended

e n t i t y o t h e r than the Borough of Morris- a c t i o n f o r enforcement pursuant t o t h i s

have i n i t i a l j u r i s d i c t i o n i n proceedings

by Ord. 863, 6/8/1993)

5303. Prevent ive Remedies.

1. I n a d d i t i o n t o o t h e r remedies, t he Borough may i n s t i t u t e and maintain appropr i a t e a c t i o n s by l a w o r i n equ i ty t o r e s t r a i n , c o r r e c t o r aba te v i o l a t i o n s , t o prevent unlawful cons t ruc t ion , t o recover damages and t o prevent i l l e g a l occupancy of a bu i ld ing , s t r u c t u r e o r premises. The d e s c r i p t i o n by metes and bounds i n t h e instrument of t r a n s f e r o r o t h e r documents used i n t h e process of s e l l i n g o r t r a n s f e r r i n g s h a l l no t exempt the s e l l e r o r t r a n s f e r o r from such p e n a l t i e s o r from t h e remedies he re in provided.

2 . The Borough of M o r r i s v i l l e may r e f u s e t o i s s u e any permit o r g ran t any approval necessary t o f u r t h e r improve o r develop any r e a l p roper ty which has been developed o r which has r e s u l t e d from a subd iv i s ion of r ea l proper ty i n v i o l a t i o n of t h i s Chapter. This a u t h o r i t y t o deny such a permit o r approval s h a l l apply t o any of t he fol lowing a p p l i c a n t s :

A. The owner of r eco rd a t t h e t i m e of such v i o l a t i o n .

B. The vendee o r l e s s e e of t h e owner of record a t t he time of such v i o l a t i o n without regard as t o whether such vendee o r l e s s e e had a c t u a l o r cons t ruc t ive knowledge of t he v i o l a t i o n .

C. The cu r ren t owner of record who acqui red t h e proper ty subsequent t o t h e time of v i o l a t i o n without regard as t o whether such cu r ren t owner had a c t u a l o r cons t ruc t ive knowledge of t h e v i o l a t i o n .

D. The vendee o r l e s s e e of t h e c u r r e n t owner of record who a c q u i r e d . t he proper ty subsequent t o t h e time of v i o l a t i o n without regard as t o whether such vendee o r lessee had a c t u a l o r cons t ruc t ive knowledge of t h e v i o l a t i o n .

3. A s an a d d i t i o n a l cond i t ion f o r i s suance of a permit o r t h e grant- i ng of an approval t o any such owner, cu r ren t owner, vendee o r l e s s e e f o r t h e development of any such real proper ty , t he Borough may r e q u i r e compliance wi th t h e condi t ions t h a t would have been app l i cab le t o the proper ty a t t h e time the app l i can t acquired an i n t e r e s t i n such r ea l proper ty .

(Ord. 614, 12/12/1968; as added by Ord. 863, 6/8/1993)

- 236 - Page Revised 6/8/1993

(22, 1304)

1304. Amendments.

( 2 2 , § 3 0 4 )

1. Amendments to this Chapter shall become effective only after a public hearing held pursuant to public notice. A brief summary setting forth the principal provisions of the proposed amendment and a reference to the place within the Borough where copies of the proposed amendment may be secured or examined shall be incorporated in the public notice. Unless the proposed amendment shall have been prepared by the Planning Commission, the Borough Council shall submit the amendment to the Planning Commission at least thirty (30) days prior to the hearing on such amendment to provide the Planning Commission an opportunity to submit recommendations. In addition, at least thirty (30) days prior to the public hearing on the amendment, the Borough shall submit the proposed amendment to the County planning agency for recommendations.

2. Within thirty (30) days after adoption, the Borough Council shall forward a certified copy of the amendment to the County planning agency.

3. Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this Section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed amendment may be examined without charge o r obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed amendment once in a newspaper of general circulation in the Borough not more than sixty (60) days nor less than seven (7) days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable d e t a i l . If the full text is not included:

A. A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.

B. An attested copy of the proposed amendment shall be filed in the County law library (or other County office designated by the County Commissioners).

4 . In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Borough Council shall, at least ten (10) days prior to enactment, readvertise, in one (1) newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

(Ord. 614, 12/12/1968; as added by Ord. 863, 6 /8/1993)

Page Revised 6/8 /1993 - 237 -

a

- 238 -

( 2 2 , 1400)

Part 4 Procedure for Subdivision and Land Development

( 2 2 , 1 4 0 0 )

5400. General. 1 . In order to discharge the duties imposed by law, the Borough has

adopted the following procedures which shall be observed by all applicants. 2 . The review process for the plans shall include no more than ninety

( 9 0 ) days following the date of the regular meeting of the planning commission next following the date the application is filed, provided that should said next regular meeting occur more than thirty ( 3 0 ) days following the filing of the application, the said ninety ( 9 0 ) day period shall be measured from the thirtieth day following the day the application has been filed. The applicant may agree to waive or extend the time requirement.

3 . The presentation of a preliminary plan and final plan shall each be a separate submission and the maximum ninety ( 9 0 ) day review period may be required for each such plan.

4 . The submission of revised preliminary or final plans shall constitute a new and separate submission subject to the review procedures set forth in this Chapter. A revised plan must be accompanied by a completed application, all required information and appropriate fees. With a revised plan, the applicant must submit a written withdrawal of the pre- viously submitted plan.

5. The separate stages of approval include the submission of an optional sketch plan, a preliminary plan, and a final plan. These plans differ in their purpose and required level of detail. The table below indicates the recommended and required plans for the different types of submissions.

-

0 Plan Approval Stage Type of Submission

Plan Sect ion Subdivision Subdivision

Sketch 40 1 Recommended Recommended Preliminary 402 Not Required Required Final 403 & 404 Required Required

(Ord. 6 1 4 , 1 2 / 1 2 / 1 9 6 8 )

See Minor Major -

5401. Sketch Plan,

Land Development

Recommended Required Re quire d

1 . Purpose. A. The purpose of the sketch plan is to afford the applicant the

opportunity to consult early and informally with both the Morrisville Borough and the Bucks County Planning Commissions before preparation of the preliminary plan and formal applications for approval.

B. During the sketch plan procedure, the applicant can advantageously make use of the services of both planning commissions to help him analyze any problems of the development and plan more adequately for its sound coordination with the community. The sketch

Page Revised 6 / 8 / 1 9 9 3 - 239 -

(22 , 1401 (1) , cont ' d) (22, §401(1) , cont'd)

plan procedure also affords both planning commissions the opportunity to give informal guidance to the applicant at a stage when potential points of difference can be more easily resolved. It can also simp- lify official actions and save unnecessary expense and delay.

C. The sketch plan is not required but is an option which the applicant may select.

2. - Fee. The sketch plan step is not a formal application, and therefore, no fee is required by the Borough. The Bucks County Planning Commission may also participate at the sketch plan stage. Review by the Bucks County Planning Commission may require payment of a fee.

3 . Application Procedure.

A. Applicant prepares sketch plan and application. B. Applicant submits to the Borough Zoning Officer seven (7 )

copies of the sketch plan, one (1) Borough application form, one (1) County application form, and appropriate fee as may be required by the Bucks County Planning Commission.

C. The Borough Zoning Officer checks the submission for requirements noted under subsection (3)(B), above. If the submission is incomplete, the applicant and the Planning Commission should be notified of the incomplete elements. The date of receipt shall be noted as the filing date and copies of the plan are to be distributed as follows:

(1) Borough Planning Commission - five (5) copies. (2) Bucks County Planning Commission - two (2) copies.

D. Bucks County Planning Commission reviews sketch plan and prepares analysis for review by Morrisville Borough Planning Commission.

E. At the first regular meeting after the filing of the application, the Morrisville Borough Planning Commission receives and reviews the applicant's submission; and if the applicant is present:

(1) Listens to applicant's presentation; and, (2) Discusses submission with the applicant.

F. The Morrisville Borough Planning Commission shall, with all

(1) Evaluate applicant's submission, presentation, discussion with applicant, and the County Planning Commission's report;

(2 ) Determine whether the sketch plan meets the objectives and requirements of this Chapter and other ordinances; and,

(3 ) Inform the applicant of the informal discussion which ensued regarding the application.

G. Any plan containing existing trees that are proposed to be protected/saved shall be submitted to and reviewed by the municipal arborist. [Ord. 8631

due diligence:

- 240 - Page Revised 6/8/1993

(22, 5401, cont'd) (22, 5401, cont'd)

4. Plan Requirements. A sketch plan submission should be accompanied by the information outlined under 5802 of these regulations.

(Ord. 614, 12/12/1968; as amended by Ord. 863, 6 /8/1993)

J402. Preliminary Plan.

1. Purpose. The purpose of the preliminary. plan stage is to ensure that the proposed subdivision o r land development will be in strict compliance with the requirements of this Chapter and other applicable ordinances.

2. General. A . The preliminary plan and all related information and proce-

dures shall in all respects be in compliance with the provisions of these regulations, except where variation may be specifically recommended by the Planning Commission and approved in writing by the Borough Council. If the sketch plan procedure was followed, the preliminary plan should reflect recommendations made at that stage.

B. No preliminary plan shall be required in the case of minor subdivisions.

C. The applicant may, with written permission from the Planning Commission and Council, submit preliminary and final plans simultan- eously, in which case the plan requirements for both shall be satis- fied.

3. DeDosit and Fee.

A. Upon submission of the complete preliminary plan, the applicant shall deposit with the Borough Zoning Officer a sum as stipulated by Borough ordinance to reimburse the Borough for all reasonable engineering, legal and other expenses incurred by the Borough for services rendered. As the above amount is expended, the applicant shall make further deposits upon notice from the Borough Zoning Officer in such manner as to maintain the stipulated amount. Upon approval of the final plan, the Borough Zoning Officer shall refund to the applicant any deposit remaining.

B. In addition to the above deposit, a review fee in accordance with the fee schedule adopted by the Borough Council shall accompany the submission of the completed preliminary plan. Review by the Bucks County Planning Commission may also require payment of a fee. No preliminary plan shall be accepted by the Borough unless the required fees are paid at the time of submission. 4. Application Procedure.

A. Applicant prepares preliminary plan and application.

B. Applicant submits to the Borough Zoning Officer twelve (12) copies of the preliminary plan, one (1) Borough application form, one (1) county application form, and appropriate fees as may be required by the Borough and the Bucks County Planning Commission.

C. The Borough Zoning Officer checks the submission for compliance with regulations noted under subsection (4)(B), above. If the submission is incomplete, the applicant and the Planning Commission should be notified of the incomplete elements. The date of acceptance

Page Revised 6/8 /1993 - 241 -

(22, 5402(4) (C) , cont'd) (22, 5402(4)(C), cont'd)

shall be noted as the filing date, and copies of the plan are t o be distributed as follows:

Borough Council and Borough Planning Commission - eight (1)

(2) Bucks County Planning Commission - two (2) copies. ( 3 ) Municipal Authority - one (1) copy. (4) Borough files - one (1) copy.

(8) copies.

D. Bucks County Planning Commission reviews preliminary plan and prepares analysis for review by Morrisville Borough Planning Commission.

E. The engineering consultant for the Borough shall, if requested:

(1) Receive applicant's submission; (2) Review the applicant's submission from an engineering

(3 ) Prepare a report for the Planning Commission.

standpoint; and,

F. At the first regular meeting after the filing of the application, the Morrisville Borough Planning Commission:

(1)

(2) Receives and reviews report by the engineering consul-

( 3 ) Listens to applicant's presentation; and, ( 4 ) Discusses submission with the applicant.

Receives and reviews the applicant's submission;

tant, if available;

G. The Morrisville Borough Planning Commission shall, within sixty (60) days following the start of the preliminary plan review period :

(1) Evaluate applicant's submission, presentation, discussion with applicant, and the Engineering Consultant's report (if such has been requested);

(2) Determine whether the preliminary plan meets the objectives and requirements of this Chapter and other ordinances; and ,

( 3 ) Report to the Borough Council and the applicant, in writing, the recommendation of the Planning Commission, including any stipulations or conditions which may be appropriate.

H. The Morrisville Borough Council shall, within the maximum

(1) Evaluate the applicant's submission, presentation, and the recommendations of the Borough Planning Commission, the Bucks County Planning Commission, and other correspondence;

( 2 ) Determine whether the preliminary plan meets the objectives and requirements of this Chapter and other ordinances; and ,

ninety ( 9 0 ) days review period:

- 242 - Page Revised 6/8/1993

( 2 2 , § 4 0 2 ( 4 ) (H), cont'd) ( 2 2 , 1402 ( 4 ) ( H ) , cont 'd)

( 3 ) Approve or deny the application. The Council's decision shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than fifteen ( 1 5 ) days following the decision. When the application is not approved in terms as filed the decision shall specify the defects found in the application and describe the requirements which have not been met and shall in each case, cite the provisions of the ordinance relied upon.

I. Approval of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity, but shall not constitute approval of the final plan or authorize the sale of lots or construction of buildings.

5. Plan Requirements. A preliminary plan submission should be accompanied by the information outlined under 5803 of these regulations.

(Ord. 6 1 4 , 1 2 / 1 2 / 1 9 6 8 )

5403. Final Plan; Major Subdivision and Land Development.

1. Purpose. The purpose of the final plan is to require a final recommendation by the Planning Commission and formal approval by the Borough Council before plans for all subdivisions and land developments are recorded as required by 5300 of this Chapter.

2 . General. A final plan shall be submitted satisfying all conditions of preliminary plan approval. The final plan submission shall in all respects be in compliance with the provisions of these regulations, except where variation may be specifically recommended by the Planning Commission and approved in writing by the Borough Council. Before acting on any subdivision or land development, Borough Council may arrange for a public hearing thereon, after giving such notice as required by the Municipalities Planning Code.

3 . Deposit and Fee.

A. If no preliminary plan has been filed, a deposit and fees as required in 5 4 0 2 ( 3 ) shall be paid upon submission of the complete final plan to the Borough Zoning Officer.

B. If the final plan is submitted more than one ( 1 ) year after approval of the preliminary plan, an additional review fee shall be paid in accordance with the fee schedule adopted by Borough Council. An additional deposit is not required, unless the total deposit with the Borough is less than that required by Borough ordinance, in which case an amount must be deposited to equal the stipulated sum.

4 . Application Procedure.

A. Applicant prepares final plan and application.

B. Applicant submits t o the Borough Zoning Officer twelve ( 1 2 ) copies of the final plan, one ( 1 ) Borough application form, one ( 1 ) County application form, and appropriate fees as may be required by the Borough and the Bucks County Planning Commission.

C. The Borough Zoning Officer checks the submission for compliance with regulations noted under subsection (4)(B), above. If the submission is incomplete, the applicant and the Planning Commission

i

Page Revised 6 / 8 / 1 9 9 3 - 243 -

(22, §403(4)(C), cont'd) (22, §403(4) (C) , cont'd)

should be notified of the incomplete elements. The date of acceptance shall be noted as the filing date, and copies of the plan are to be distributed as follows:

Borough Council and Borough Planning Commission - eight (8) copies.

(1)

(2) Bucks County Planning Commission - two (2) copies. (3) Municipal Authority - one (1) copy. (4) Borough files - one (1) copy.

D. Bucks County Planning Commission reviews final plan and prepares analysis for review by the Morrisville Borough Planning Commission.

E. The engineering consultant for the Borough shall, if requested:

(1) Receive applicant's submission;

(2) Review the applicant's submission from an engineering standpoint; and,

(3) Prepare a report for the Planning Commission and Borough Council.

F. At the first regular meeting after the filing of the appli- , cation, the Morrisville Borough Planning Commission:

(1) (2) Receives and reviews report by the engineering consul-

(3) Listens to applicant's presentation; and, (4) Discusses submission with the applicant.

Receives and reviews the applicant's submission;

tant, if available, and if the applicant is present:

G. The Morrisville Borough Planning Commission shall within

(1) Evaluate applicant's submission, presentation, discussion with the applicant, and the engineering consultant's report (if such has been.requested);

(2) Determine whether the final plan meets the objectives and requirements of this Chapter and other ordinances; and,

Borough Council.

sixty (60) days following the start of the final plan review period:

(3 ) Prepare a written report on the project for use by the

(a) If the final plan is substantially the same as the preliminary plan and meets the conditions rendered in the preliminary plan approval and continues to meet the objectives and regulations of this Chapter, the Planning Commis- sion shall issue a favorable report to the Borough Council.

(b) If the final plan does not comply with the conditions in subsection (a) , the Planning Commission may recom- mend to the Borough Council that final plan approval be denied and that the application be reconsidered if resub- mitted as a preliminary plan under §402.

- 244 - Page Revised 6/8/1993

( 2 2 , § 4 0 3 ( 4 ) , cont'd) ( 2 2 , 5 4 0 3 ( 4 ) , cont'd)

H. The Morrisville Borough Council shall, within the maximum ninety ( 9 0 ) days review period:

( 1 ) Receive and review the applicant's submission; ( 2 ) Receive and review the reports of the Borough Planning

Commission and of the engineering consultant (if such has been requested), and if the applicant is present;

( 3 ) Listen to applicant's presentation; and, ( 4 ) Discuss project with applicant;

(5) Evaluate applicant's submission, presentation, and the recommendations of the Borough Planning Commission, the Bucks County Planning Commission, and other correspondence;

( 6 ) Determine whether the final plan meets the objectives and requirements of this Chapter and other ordinances; and,

( 7 ) Approve or deny the application. The Council's decision shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than fifteen (15) days following the decision. When the application is not approved in terms as filed the decision shall specify the defects found in the application and describe the requirements which have not been met and shall in each case, cite the provisions of the ordinance relied upon.

I. If the final plan is approved: ( 1 ) Borough Council shall adopt a resolution to that

effect . ( 2 ) Three ( 3 ) exact copies of the approved final plan, with

the signatures of the required agencies as specified in 5 8 0 6 ( 2 ) ( C ) shall be submitted to the Borough Council for its signature.

5 . Plan Requirements. A final submission, in the case of major subdivisions and land developments, should be accompanied by the information outlined under 5805 of these regulations.

6 . Appeal. Any person aggrieved by the decision of Borough Council may, within thirty ( 3 0 ) days, appeal to the Court of Common Pleas of Bucks County, in accordance with Article X-A of the Pennsylvania Municipalities Planning Code. [Ord. 8631

(Ord. 6 1 4 , 1 2 / 1 2 / 1 9 6 8 ; as amended by Ord. 8 6 3 , 6 / 8 / 1 9 9 3 )

5404. Final Plan; Minor Subdivision.

1. Purpose. In the case of minor subdivisions (as defined under 5 2 0 1 ) , it is the purpose of this Section to provide a simplified procedure by which said minor subdivisions may be submitted and approved. [Ord. 8631

2 . General. In the event that the proposed subdivision shall involve a change in streets, sanitary or storm sewers, water mains, culverts, or other municipal improvements, then the provisions of this Section on minor subdivisions shall not be applicable and the owner shall be required to comply with the requirements of 5402.

Page Revised 6 / 8 / 1 9 9 3 - 245 -

(22, § 4 0 4 , cont'd) ( 2 2 , 5404 , cont'd)

Fees. Upon the submission of the complete minor subdivision plan, the applicant shall pay a review fee in accordance with the fee schedule adopted by Borough Council. Review by the Bucks County Planning Commission may also require payment of a fee. No minor subdivision plan shall be accepted by the Borough unless the required fees are paid at the time of submission. No deposit shall be required for minor subdivision plans.

3 . -

4 . Application Procedures. A. B. Applicant submits to the Borough Zoning Officer eight (8)

copies of the minor subdivision plan, one (1) Borough application form, one (1) County application form, and appropriate fees as may be required by the Borough and the Bucks County Planning Commission.

C. The Borough Zoning Officer checks the submission for compliance with regulations noted under subsection ( 4 ) ( B ) , above. If the 'submission is incomplete, the applicant and the Planning Commission should be notified of the incomplete elements. The date of acceptance

Application prepares minor subdivision plan and application.

shall be noted distributed as

(1)

( 2 )

( 3 )

D. Bucks

as the filing date, and copies of the plan are to be follows: Borough Planning Commission - five (5) copies. Bucks County Planning Commission - two ( 2 ) copies. Borough files - one (1) copy. County Planning Commission reviews minor subdivision -

plan and prepares analysis for review by the Morrisville Borough Planning Commission.

E. At the first regular meeting after the filing of the application, the Morrisville Borough Planning Commission:

(1) Receives and reviews the applicant's submission, and if

( 2 ) Listens to the applicant's presentation; and,

( 3 ) Discusses submission with the applicant.

the applicant is present;

F. The Morrisville Borough Planning Commission shall, within the

(1) Evaluate the applicant's submission, presentation, discussion with the applicant, and the County Planning Commis- sion's report.

( 2 ) Determine whether the final plan meets the objectives and requirements of this Chapter and other ordinances; and,

(3 ) Approve or deny the application. The Borough Planning Commission's decision shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than fifteen (15) days following the decision. When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall in each case, cite the provisions of the ordinance relied upon.

maximum ninety ( 9 0 ) day review period:

- 246 - Page Revised 6 / 8 / 1 9 9 3

(22, 5404, cont'd) (22, 5404, cont'd)

5. Plan Requirements. A final plan submission, in the case of minor subdivisions, should be accompanied by the information outlined under 5804 of these regulations.

6 . Appeal. Any person aggrieved by the decision of Commission may, within thirty ( 3 0 ) days, appeal to the Pleas of Bucks County, in accordance with Article X-A of Municipalities Planning Code. [Ord. 8631


Borough Planning Court of Common the Pennsylvania

§405 . Recording of Final Plans.

1 . Recording. A. Upon the approval of a final plat, the developer shall within

ninety ( 9 0 ) days of such final approval record such plat in the office of the recorder of deeds of the county in which the Borough is located. The recorder of deeds shall not accept any plat for recording unless such plat officially notes the approval of the Borough Council, and review by the county planning agency.

B. The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plat.

2 . Record Plan. The requirements of the record plan are outlined

3 . Effect of Recording. A . After a plat has been approved and recorded as provided in

this Chapter, all streets and public grounds on such plat shall be, and become a part of the official map of the Borough without public hearing. [Ord. 8631

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

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

under 5806 of these regulations.


Page Revised 6 / 8 / 1 9 9 3 - 247 -

( 2 2 , S500)

Part 5 Design Standards

( 2 2 , S500)

D 5 00. ADD licat ion. 1. The standards and requirements outlined in this Part shall be

considered minimum standards and requirements for the promotion of the public health, safety, morals, and general welfare.

2. Where literal compliance with the standards herein specified is clearly impractical, the Borough Council, with the advice of the Borough Engineer, may modify or adjust the standards to permit reasonable utiliza- tion of property while securing substantial conformances to the objectives and requirements of this Chapter.

(Ord. 6 1 4 , 1 2 / 1 2 / 1 9 6 8 )

§501. General. 1. All portions of a tract being subdivided shall be taken up in

lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.

2 . Reserve strips controlling access to lots, public rights of way, public lands or adjacent private lands are prohibited unless their control is definitely placed in the Borough under conditions approved by the Planning Commission.

3 . In general, lot lines shall follow Borough boundary lines, rather than cross them.

4 . Whenever possible, developers shall preserve trees, groves, waterways, scenic points, historic spots, and other community assets and landmarks.

5 . Subdivisions shall be laid out so as to avoid the necessity for excessive cut or fill unless specifically warranted by terrain or location.

6 . Land subject to flooding or other hazards to life, health, or property and land deemed to be topographically unsuitable shall not be platted for residential occupancy or for such other uses as may increase danger to health, life, or property or aggravate erosion or flood hazard until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the final plans. Such land within a subdivision or land development shall be set aside on the plan for uses that shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.

7 . The one-hundred (100) year floodplain, as defined and delineated in the Borough of Morrisville Zoning Ordinance of 1968 shall be used as a guide for the determining the occurrence of flooding on the property. The Floodway Boundary and Floodway Map and the Flood Profiles which accompany the said Zoning Ordinance shall be used for engineering purposes to determine the extent of flooding on the property.

8. All new construction, and substantial improvements to existing buildings located within the one hundred (100) year floodplain shall be

Page Reivsed 6 / 8 / 1 9 9 3 - 249 -

(22, 5501, cont'd) (22, 5501, cont'd)

constructed to minimize or eliminate flood damage and designed to prevent flotation, collapse or lateral movement. [Ord. 7271

9. When a water course is to be altered or relocated as a result of any development activity, the developer shall notify, by certified mail all adjacent communities and the State Coordinating Office of such activities prior to any such alteration or relocation, and shall submit copies of the notification to the Federal Insurance Administrator. The developer shall also assure the Borough in writing, that the flood carrying capacity of the altered portion of the watercourse will be maintained. [Ord. 7271

10. Utilities shall be resistant to flooding. Water and sewer systems shall be designed to minimize the infiltration of flood waters into the systems and to prevent discharges of wastes into the flood waters. [Ord. 7271

(Ord. 614, 12/12/1968; as amended by Ord. 727, 9 /26 /1977)

5502. Community Facilities.

1. Where a proposed park, playground, school or other public use shown in the Comprehensive Plan is located in whole or in part in a subdivision or land development , the Borough Council may require the dedication or reservation of such area within the subdivision in those cases in which the Borough Council deems such requirement to be reasonable.

2. Where deemed essential by the Borough Council, upon consideration of the particular type of development proposed, and especially in large-scale planned unit developments, the Borough Council may require the dedication or reservation of such other areas or sites of a character, extent, and location suitable to the needs created by such development for schools, parks, and other neighborhood purposes.

3 . The following standards shall apply to the provisions of recreation space:

A. Areas set aside for recreational purposes shall be reasonably compact parcels, placed to serve all parts of the subdivision accessible from a public street, and not excessively irregular in terrain.

B. In subdivisions which provide or intend to provide housing facilities for more than fifty (50) families, suitable open areas may be required.

(Ord. 614, 12/12/1968)

1503. Street System; General.

1. The arrangement, character, extent, width, grade, and location of all streets shall conform to the Morrisville Borough Street Plan and shall be considered in their relation to existing topographical conditions, to public convenience appropriate relation to the proposed uses of the streets.

2. Proposed streets shall further conform street and highway plans as have been prepared.

- 250 -

and planned streets, to and safety, and in their land to be served by such

to such County and State a Page Revised 6 /8 /1993

(22, 5503, cont'd) (22, 5503, cont'd)

3. Where such is not in the Morrisville Borough Street Plan, the

A . Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or,

Conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical.

4. Residential streets shall be so laid out that their use by through traffic will be discouraged.

5. Where a subdivision or land development abuts or contains an existing or proposed arterial or collector street, the Planning Commission may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, extra deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

6. Where a subdivision or land development borders on or contains a railroad right-of-way or limited access highway, the Planning Commission may require a street approximately parallel to and on each side of the intervening land, such as park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall be determined with due regard for the requirements of intersections, approach grade, and future grade separation.

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

8. Cul-de-sacs, where permanently designed as such, shall not exceed four hundred (400 ) feet in length or furnish access to more than twenty (20) dwelling units. The right-of-way radius at the turnaround shall not be less than sixty (60) feet and the outer paving radius forty-eight (48) feet. Drainage, where feasible, should be toward the open end.

9. If the lots resulting from the original development are large enough for resubdivision, or if a portion of the tract is not subdivided, suitable access to street openings for such an eventuality shall be provided.

10. Where the subdivision or land development adjoins unsubdivided acreage, new streets shall be provided to the boundary lines of the development with temporary easements for turnarounds.

arrangement of streets in a subdivision or land development shall either:

B.

11. Private streets are to be discouraged. They will be approved only if they are designed to meet public street standards.

(Ord. 614, 12/12/1968)

§504. Street Standards.

1. Where a subdivision or land development abuts or contains an existing street of inadequate right-of-way width, that street shall be

Page Revised 6 /8 /1993 - 251 -

(22, 5 5 0 4 , cont'd) (22, 5 5 0 4 , cont'd)

indicated on the plan to conform to the Morrisville Borough Street Plan or if not shown therein, to the standards in subsection ( 4 ) below.

2. Provision for additional street width may be required by Borough Council in specific cases for:

A . Public safety and convenience.

B. Parking in commercial areas and in areas of high-density residential development.

C. Widening existing streets where the width does not meet the requirements of subsection ( 4 ) below.

3 . Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with other requirements of this Chapter, and where the Planning Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

4 . Streets shall be constructed in accordance with the requirements on the following pages.

- 252 - Page Revised 6/8/1993

(22, 5504, cont’d) (22, 5504, cont’d)

Classification of Development of Subdivision: a

A = Single-family, two-family, and single-family attached residential

B = Multi-family residential

C = High-rise residential

D = Nonresidential business (business, office or industrial)

DescriDtion of Minimum Reauirements

Alley

* ** Street Right of Classification Classification Way Cartway Curb Sidewalks Ar t e r ia 1 A , BY CY D 100’ 48‘ min. Yes Yes ***

Or *** over ***

Collector A, BY c, D 80 ‘ 36’-48‘ Yes Yes Primary BY CY D 60 ’ 36’ Yes Yes

A - two-way 56‘ 31 ’ Yes Yes A - one-way 50 ‘ 26’ Yes Yes

Secondary CY D 60’ 36 ’ Yes Yes B 56’ 3 1 ’ Yes Yes

A - two-way 50‘ 30 ’ Yes Yes A - one-way 40” 20’-24’ Yes Yes *** ***

B, c 20 ‘ 12’ one-side service *** ***

BY c 26 ‘ 22’ two-side service *** *** * ** ***

D

* Dimension of pavement width alone where no curbs are used, but face to face when curbs are used.

Sidewalks shall be provided along both sides of all streets unless, in the opinion of the Planning Commission, they are unnecessary for the public safety and convenience.

A s determined by the Planning Commission with the advice of the Borough Engineer or the Pennsylvania Department of Transportation where State roads are involved.

**

*** * (Ord. 614, 12/12/1968)

Page Revised 6 /8 /1993 - 253 -

(22, 9505) ( 2 2 , S505)

5505. Tree P ro tec t ion Standards.

1. General Requirements.

A . Grade changes and excavat ions s h a l l no t encroach upon the t r e e p r o t e c t i o n zone.

B. No t o x i c materials s h a l l be s t o r e d wi th in one hundred (100) f e e t of a t r e e p r o t e c t i o n zone, inc luding petroleum based and/or der ived products .

C. The a r e a w i t h i n t h e TPZ s h a l l no t be b u i l t upon, nor s h a l l any m a t e r i a l s be s t o r e d t h e r e e i t h e r temporar i ly o r permanently. Vehicles and equipment s h a l l no t be parked i n the TPZ.

D. When t r e e stumps a r e loca t ed wi th in t en (10) f e e t of the t r e e p r o t e c t i o n zone, t h e stumps s h a l l be removed by means of a stump gr inder t o minimize t h e e f f e c t on surrounding r o o t systems.

E. Tree r o o t s which must be severed s h a l l be c u t by a backhoe o r s imilar equipment a l igned r a d i a l l y t o the t r e e . This method reduces t h e l a t e r a l movement of t h e r o o t s dur ing excavat ion, which i f done by o the r methods could damage t h e in te r twined r o o t s of ad jacen t t r e e s .

F. Within four ( 4 ) hours of any severance of r o o t s , a l l t r e e r o o t s t h a t have been exposed and/or damaged s h a l l be trimmed c l ean ly and covered temporar i ly wi th moist pea t moss, moist bu r l ap o r o t h e r moist biodegradable m a t e r i a l t o keep them from dry ing out u n t i l permanent cover can be i n s t a l l e d .

G. Sediment, r e t e n t i o n and d e t e n t i o n bas ins s h a l l no t d i scharge i n t o t h e t r e e p r o t e c t i o n zone.

H. Sediment, r e t e n t i o n and de ten t ion b a s i n s s h a l l no t be loca t ed wi th in t h e t r e e p r o t e c t i o n zone.

2 . The Tree P ro tec t ion Zone. P r i o r t o cons t ruc t ion t h e t r e e protec-

A. The t r e e p r o t e c t i o n zone t h a t is de l inea ted on t h e s i t e p r i o r t o cons t ruc t ion s h a l l conform t o t h e approved development p lans .

B. A l l t r e e s scheduled t o remain s h a l l be marked; where groups of t r e e s e x i s t , only t h e trees on t h e edge need t o be marked.

C . A fo r ty -e igh t ( 4 8 ) inch h igh wooden snowfence mounted on s t e e l p o s t s , l oca t ed e i g h t (8) f e e t on c e n t e r , s h a l l be placed along the boundary of t h e t r e e p r o t e c t i o n zone.

D. I n a d d i t i o n t o t h e t r e e p r o t e c t i o n zone, trees may be l e f t s tanding as p r o t e c t i o n between t h e t runks of t h e trees t o be r e t a i n e d and t h e l i m i t s of grading. When a d d i t i o n a l t r e e s are used as protec- t i o n , t h e t r e e p r o t e c t i o n zone on t h e approved p l a n s h a l l be marked i n t h e f i e l d s o t h a t t h e a d d i t i o n a l b u f f e r area i s de l inea ted . When t h i s method of p r o t e c t i o n i s used, t h e s e a d d i t i o n a l t r e e s s h a l l be removed a t t h e time of completion of t h e p r o j e c t .

E . When t h e wooden snowfence has been i n s t a l l e d , it s h a l l be inspec ted and approved by t h e municipal a r b o r i s t p r i o r t o commencing c l e a r i n g and f u r t h e r cons t ruc t ion ; t h e f enc ing a long t h e t r e e protec- t i o n zone s h a l l be maintained u n t i l a l l work/construct ion has been

t i o n zone s h a l l be de l inea ted by t h e fo l lowing methods:

- 254 - Page Revised 6/8/1993

(22 , 5505(2) (E) , cont 'd ) (22 , 5505 (2) ( E ) , cont 'd )

completed; any damage t o t h e p r o t e c t i v e fenc ing s h a l l be replaced and r epa i r ed before f u r t h e r cons t ruc t ion s h a l l begin.

F. Trees being removed s h a l l not be f e l l e d , pushed o r pu l led i n t o a t r e e p r o t e c t i o n zone o r i n t o t r e e s t h a t a r e t o be r e t a i n e d .

3 . Reta in ing Walls.

A. When t h e o r i g i n a l grade can no t be r e t a i n e d a t t he t r e e p r o t e c t i o n zone l i n e , a r e t a i n i n g w a l l s h a l l be cons t ruc ted ou t s ide of t he t r e e p r o t e c t i o n zone.

B. The r e t a i n i n g w a l l s h a l l be designed t o comply wi th the municipal s tandards f o r r e t a i n i n g w a l l s .

C. I n a d d i t i o n , t h e fol lowing methods s h a l l be used t o ensure s u r v i v a l of t he t r e e .

(1) The top of t he w a l l s h a l l be fou r ( 4 ) inches above the f in i shed grade l i n e .

(2) The wa l l s h a l l be cons t ruc ted of l a r g e s tones , b r i c k , bu i ld ing t i l e , concre te blocks o r t r e a t e d woodbeams no t l e s s than six ( 6 ) inches by s i x (6 ) inches; a means f o r drainage through the w a l l s h a l l be provided so water w i l l no t accumulate on e i t h e r s i d e of t h e w a l l ; weep ho le s s h a l l be requi red wi th any w a l l :

CUT AND FILL DIAGRAM

( 3 ) Any severed roo t s as a r e s u l t of excavat ion s h a l l be trimmed so t h a t t h e i r edges a r e smooth and a r e c u t back t o a l a t e r a l roo t i f exposed.

( 4 ) A l a y e r of c l ean s tone ( s i zed three-quar te r t o one ( I ) inch) s h a l l be placed one (1) f o o t out from the w a l l t o a i d i n drainage.

4 . Pruning Methods. A l l f i n a l c u t s s h a l l be made s u f f i c i e n t l y c l o s e t o the t runk o r parent limb but without c u t t i n g i n t o t h e branch c o l l a r o r leav ing a pro t ruding s t u b , according t o the Nat iona l Arbor i s t Associat ion Standards. A l l necessary pruning c u t s must be made t o prevent bark from being t o r n from the t r e e and t o f a c i l i t a t e r ap id hea l ing . Flush c u t s are unacceptable.

Page Revised 6/8/1993 - 255 -

(22, 9505, cont 'd) (22, 5505, cont 'd )

5. F e r t i l i z a t i o n Methods.

A . A l l t r e e s which have experienced any d is turbance o r have had damages t o t h e r o o t s o r branches s h a l l be f e r t i l i z e d .

B . Trees s h a l l be f e r t i l i z e d i n e a r l y f a l l (September-October) o r mid-spring (April-May). F a l l a p p l i c a t i o n s are p re fe r r ed .

C . F e r t i l i z e r s h a l l be broadcas t over t he s o i l s u r f a c e i n an area twice t h e s i z e of t h e t r e e p r o t e c t i o n zone a t t h e r a t e s given i n subsec t ion (E) below. A minimum of one thousand (1,000) square f e e t pe r t r e e w i l l r e c e i v e f e r t i l i z a t i o n .

D. F e r t i l i z e r grade s h a l l have approximately t h r e e (3) p a r t s n i t rogen t o one (1) p a r t phosphorus and potassium (3-1-1 r a t i o ) .

E. F e r t i l i z e r s h a l l be appl ied a t a ra te equiva len t t o one (1) pound n i t rogen per one thousand (1,000) square f e e t .

Example: How mucCl20-8-8 fertir'uer needed to apply 1 pound nitrogen over 1000 square feet

Need 1 Ib. nitrogen .20 x-1

X = L 20

x=5 Ibs.

5 IDS. 20-8-8 should be brodcasrbver a 1000 square foot area.

5 . Trenching and Tunnel l ing.

A. I f t h e r e i s no a l t e r n a t i v e b u t t o l o c a t e a u t i l i t y l i n e through a TPZ, t u n n e l l i n g s h a l l be used i n s t e a d of t renching , except where i n t h e opinion of t h e municipal a r b o r i s t , s u r v i v a l of t h e t r e e would no t be a f f e c t e d by e i t h e r method. The municipal a r b o r i s t s h a l l determine t h e most d e s i r a b l e l o c a t i o n f o r t h e u t i l i t y l i n e .

B. Trenches s h a l l be f i l l e d as soon as p o s s i b l e , and tamped l i g h t l y t o avoid a i r spaces .

(Ord. 614, 12/12/1968; as added by Ord. 863, 6/8/1993)

5506. S t r e e t Alignment.

1. Hor izonta l Alignment.

degrees , connect ion s h a l l be made by h o r i z o n t a l curves .

f o r h o r i z o n t a l curves s h a l l be as follows:

A. Whenever s t r e e t l i n e s a r e d e f l e c t e d i n excess of f i v e (5)

B. To ensure adequate s i g h t d i s t a n c e s , minimum c e n t e r l i n e r a d i i

- 256 - Page Revised 6/8/1993

(22, §506(1), cont 'd ) (22, 5506(1), cont 'd )

(1) Secondary S t r e e t s - one hundred twenty-five (125) f e e t . (2) Primary S t r e e t s - t h ree hundred (300) f e e t . (3) Co l l ec to r S t r e e t s - f i v e hundred (500) f e e t .

C. Proper supere leva t ion s h a l l be provided f o r curves l e s s than f i v e hundred (500) f e e t i n r ad ius on c o l l e c t o r and primary s t r e e t s .

D. Except f o r secondary streets t h e r e s h a l l be a tangent of a t l e a s t one hundred (100) f e e t measured a t t h e c e n t e r l i n e between reverse curves.

E. A long r ad ius curve s h a l l be p re fe r r ed i n a l l ca ses t o a

F. The approaches t o an i n t e r s e c t i o n s h a l l fol low a s t r a i g h t

s e r i e s of s h o r t curves and tangents .

course f o r a t l e a s t f i f t y (50) f e e t .

2. V e r t i c a l Alignment.

A . There s h a l l be i n genera l a minimum grade of a t l e a s t one- ha l f ( 1 / 2 ) percent on a l l s t r e e t s ; a maximum grade of s i x (6) percent on c o l l e c t o r and primary s t r e e t s ; and t e n (10) percent on secondary s t r e e t s f o r d i s t ances of f i f t e e n hundred (1,500) f e e t maximum.

B. V e r t i c a l curves s h a l l be used i n changes of grade exceeding one (1) pe rcen t , and s h a l l be designed f o r maximum v i s i b i l i t y . The length of t he curve s h a l l approximate f i f t y (50) f e e t on c o l l e c t o r s t r e e t s and twenty-five (25) f e e t on secondary streets f o r each one (1) percent a l g e b r a i c d i f f e r e n c e i n g rad ien t . Low p o i n t s on under- c r e s t s s h a l l be c l e a r l y ind ica t ed .

C . I n t e r s e c t i o n s s h a l l be approached from a l l s i d e s by l e v e l i n g a reas . Where t h e grade exceeds seven ( 7 ) pe rcen t , such l e v e l i n g a r e a s s h a l l have a minimum length of f i f t y (50) f e e t measured from the edge of t he pavement of t he t r ansve r se s t r e e t w i th in which no grade s h a l l exceed four (4) percent .

(Ord. 614, 12/12/1968)

5507. S t r e e t Grades.

1. A minimum grade of one-half (1/2) percent s h a l l be e s t a b l i s h e d f o r a l l s t r e e t s .

2 . A maximum grade of s i x (6) percent on c o l l e c t o r and primary access s t r e e t s , and t e n (10) percent on secondary s t r e e t s w i l l be permit ted f o r a maximum d i s t ance of f i f t e e n hundred (1,500) f e e t .

(Ord. 614, 12/12/1968)

8508. S t r e e t I n t e r s e c t i o n s .

1. S t r e e t s s h a l l be l a i d out t o i n t e r s e c t as nea r ly as poss ib l e a t r i g h t angles . No s t reet s h a l l i n t e r s e c t another a t an angle of less than s i x t y (60) degrees.

2 . Mul t ip le i n t e r s e c t i o n s involving j u n c t i o n of more than two ( 2 ) s t r e e t s s h a l l be avoided. Where t h i s proves impossible , such i n t e r s e c t i o n s s h a l l be designed wi th extreme ca re f o r bo th pedes t r i an and veh icu la r s a f e t y .

Page Revised 6/8/1993 - 257 -

(22, 5508, cont 'd ) (22, 5508, cont'-d)

3 . Proper s i g h t l i n e s s h a l l be maintained a t a l l i n t e r s e c t i o n s . Measured along the c e n t e r l i n e , t he re s h a l l be a c l ea r - s igh t t r i a n g l e of seventy-f ive (75) f e e t from the poin t of i n t e r s e c t i o n . This s i g h t l i n e s h a l l be ind ica t ed on a l l p l ans of s t r e e t alignment. No e x i s t i n g o r proposed s t r u c t u r e s o r p l a n t i n g s , t h e h ighes t p o i n t of which i s two (2) f e e t above road c e n t e r l i n e , s h a l l be permit ted i n t h i s a r ea .

4 . Secondary s t r e e t s s h a l l be s o l a i d out t h a t through t r a f f i c w i l l be discouraged. I n gene ra l , t h e i n t e r s e c t i o n i n t e r v a l of secondary s t r e e t s e n t e r i n g any e x i s t i n g o r proposed s t r e e t s from oppos i t e d i r e c t i o n s s h a l l be loca t ed d i r e c t l y ac ross from each o the r o r a t no l e s s than one hundred and twenty-five (125) f e e t , from c e n t e r l i n e t o c e n t e r l i n e , of t he next n e a r e s t i n t e r s e c t i o n po in t of t h e e n t e r i n g s t r e e t from t h e oppos i te s i d e .

5. S t r e e t curb i n t e r s e c t i o n s s h a l l be rounded by a t a n g e n t i a l a r c wi th a minimum r a d i u s of twenty (20) f e e t f o r secondary s t r e e t s and t h i r t y (30) f e e t f o r i n t e r s e c t i o n s inc luding primary o r c o l l e c t o r s t r e e t s . Radius corners o r d iagonal c u t o f f s s h a l l be provided on t h e proper ty l i n e s sub- s t a n t i a l l y concent r ic wi th o r p a r a l l e l t o t h e chord of t he curb r a d i u s corners .

6. I n t e r s e c t i n g primary and secondary s t r e e t s s h a l l no t empty i n t o the same s i d e of a major thoroughfare a t i n t e r v a l s l e s s than e i g h t hundred (800) f e e t .

(Ord. 614, 12/12/1968)

5509. Alleys.

1. Al leys a r e p roh ib i t ed i n development of s ingle-family detached r e s idences , bu t may be permit ted i n o t h e r types of r e s i d e n t i a l o r non- r e s i d e n t i a l developments.

2 . For a l l e y s i n n o n r e s i d e n t i a l developments, s ee 5504. 3 . Alley i n t e r s e c t i o n s and sha rp changes i n alignment sha l l ' be

avoided, bu t where necessary, corners s h a l l be rounded o r c u t back suf- f i c i e n t l y t o permit s a f e v e h i c u l a r c i r c u l a t i o n .

4 . Al leys te rmina t ing a t a dead-end s h a l l be provided wi th a paved turnaround having a r ad ius of no t less than f o r t y (40) f e e t . Where feas- i b l e , and sub jec t t o the approval of t h e Planning Commission, a paved Y turnaround may be s u b s t i t u t e d f o r t h e convent iona l c i r c u l a r turnaround when provided wi th a c ros s - sec t iona l area of s u f f i c i e n t s i z e .

(Ord. 614, 12/12/1968)

5510. Easements.

1. Easements w i t h a minimum width of t e n (10) f e e t s h a l l be provided as necessary f o r u t i l i t i e s and drainage.

2 . To t h e f u l l e s t ex t en t p o s s i b l e easements s h a l l be centered on o r ad jacen t t o r e a r o r s i d e l o t l i n e s .

3 . Where a subd iv i s ion o r l and development is t r a v e r s e d by a watercourse, t h e r e s h a l l be provided a drainage easement o r r i g h t of way

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