-
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
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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 -
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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
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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 -
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a - 224 -
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(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 -
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(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 -
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( 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 materi- als
referred to in this definition. [Ord. 8631
DRAINAGE FACILITY - Any ditch, pipe, culvert, storm sewer, or
struc- ture, 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 contig- uous 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
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(22, 5200, cont'd) (22, 5200, cont'd)
(1) A group of two (2) or more residential or nonresiden- tial
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 amuse- ment
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 amuse- ment 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
indi- vidual 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 -
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(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 -
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( 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 devel- opment: 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
extend- ing 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
subse- quent 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 compli-
ance 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 consid- ered, a reference to a place within
the Borough where copies of the pro- posed 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 com- pleted 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 require-
ments 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 applica-
tion, 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, discus- sion
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 compli- ance 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
recom- mended 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 appli-
cant 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 compli-
ance 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 applica-
tion, 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, discus- sion
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 decis- ion
shall be in writing and shall be communicated to the appli- cant
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
condi- tions 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 compli-
ance 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, discus- sion
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 objec- tives
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 condi- tions 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 decis- ion
shall be in writing and shall be communicated to the appli- cant
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
informa- tion 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 compli-
ance 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 appli-
cation, 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 communi-
cated 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
(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 )
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 record- ing 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 subdi-
vision 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.
(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 )
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 deter- mine 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 topo-
graphical 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 devel- opment 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 water- course, t h e r e s h a l l be provided a
drainage easement o r r i g h t of way