(a)   For the purpose of these subdivision and land development regulations, the terms and words herein defined shall have the following meanings unless the context indicates to the contrary.

   (b)   For the purpose of use in these regulations, words used in the present tense include the future tense; the singular number includes the plural and vice versa; the word “lot” includes the word “plot” or “parcel”; and the word “person” includes a partnership or corporation as well as an individual.

   (c)   For the purpose of establishing standard phraseology, definitions contained in Art. 1311 of the Zoning Ordinance Code shall also apply to these regulations.

   (d)   Any word or term not defined herein shall be used with a meaning of standard usage.

(Ord. 4486, approved 10-14-1971)

   ADMINISTRATIVE OFFICER means the individual authorized by Council to be the administrator of the day-to-day operation of this Title Nine, Subdivision and Land Development Regulations.

(Ord. 4486, approved 10-14-1971)

   CARTWAY means that portion of a street right-of-way used for vehicular movement or parking. The terms ROADWAY or PAVEMENT are equivalent in these regulations.

(Ord. 4486, approved 10-14-1971)

   DEVELOPER means any landowner, authorized 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. The term DEVELOPER is intended to include, but not necessarily be limited to, the terms SUBDIVIDER, OWNER and BUILDER, even though the individuals involved in successive stages of a project may vary.

(Ord. 5508, approved 1-31-1991)

   LAND DEVELOPMENT means any of the following:

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

      (1)   A group of two or more residential or non-residential buildings, whether proposed initially or cumulatively, or a single non-residential 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 or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. Excluded from the definition of land development are certain developments that are limited to the following:

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

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

   (b)   A subdivision of land.

(Ord. 5508, approved 1-31-1991)

   (a)   SKETCH PLAN means an informal plan, legibly drawn to scale, but not necessarily showing precise dimensions, indicating salient existing features of a tract and its surroundings and a general layout of the proposed development for the purpose of establishing a basis for informal discussion, between the developer and the city, for presentation of concepts or ideas prior to initiating a preliminary plan. A SKETCH PLAN is not required for any subdivision or land development and does not constitute an official submission.

   (b)   PRELIMINARY PLAN means a tentative subdivision or development plan, in lesser detail than the final plan, indicating the approximate proposed features of a subdivision or land development as a basis for consideration prior to preparation of the final plan.

   (c)   FINAL PLAN means a complete and exact subdivision or development plan prepared for official recording as required by statute.

(Ord. 5508, approved 1-31-1991)

   (a)   SUBDIVISION means the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other division of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development. However, the division of land by lease for agricultural purposes into parcels of more than ten acres not involving new streets or easements of access, or the division of land by lease for residential dwelling, shall be exempted. The consolidation of lots into larger units of single ownership shall not constitute a SUBDIVISION.

   (b)   MINOR SUBDIVISION means the division or redivision of a lot, tract or parcel of land as described in subsection (a) hereof, but which is limited to the creation of lots fronting upon improved public streets; and, provided that, there is not created by the subdivision any new streets, and required improvements, easements of access or the need therefor.

(Ord. 5508, approved 1-31-1991)

   REGULATIONS means the subdivision and land development provisions contained in Title Nine of Part Thirteen, Planning and Zoning Code of the Codified Ordinances of Williamsport.

(Ord. 4486, approved 10-14-1971)

   ONE HUNDRED YEAR FLOOD means a flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).

(Ord. 4865, approved 11-18-1977)

   FLOOD-PRONE AREA means a relatively flat or low land area adjoining a stream, river or watercourse, which is subject to partial or complete inundation; or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source; for purposes of this section the 100-year flood area (as delineated in § 1332.06 of the Planning and Zoning Code).

(Ord. 4865, approved 11-18-1977)

   GENERAL FLOODPLAIN DISTRICT means that portion of 100-year floodplain for which no specified flood profiles have been provided.

(Ord. 4865, approved 11-18-1977)

   FLOODPLAIN means a relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

(Ord. 4865, approved 11-18-1977)

   FLOODWAY means the channel of a river or watercourse and the adjacent land area required to carry and discharge a flood of a 100-year frequency without cumulatively increasing the water surface elevation more than one foot at any point.

(Ord. 4865, approved 11-18-1977)

   FLOOD-PROOFING means any combination of structural and non-structural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(Ord. 4865, approved 11-18-1977)

   PLAT means the map or plan of a subdivision or land development whether preliminary or final.

(Ord. 5508, approved 1-31-1991)

   DEVELOPMENT PLAN means the provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, historical property and/or district, streets, ways and parking facilities, common open space and public facilities.

(Ord. 5508, approved 1-31-1991)

   These regulations shall be known and may be cited as “The Subdivision and Land Development Regulations of the City of Williamsport”.

(Ord. 4486, approved 10-14-1971)

   These regulations are created pursuant to authority established in § 501 of the Pennsylvania Municipalities Planning Code and shall have jurisdiction upon any lot situated within the Williamsport City limits.

(Ord. 4486, approved 10-14-1971)

   Any regulation or ordinance of the city in conflict with the provisions of these regulations is hereby repealed insofar as it affects these regulations, but specifically saving from repeal the Zoning Ordinance, Building Code and Housing Ordinance of the city.

(Ord. 4486, approved 10-14-1971)

   The purpose of these regulations is to provide for the orderly and harmonious development of the city by regulating the division and development of land in order to:

   (a)   Ensure the conformance and compatibility of subdivision or development plans with both existing and proposed public improvements;

   (b)   Encourage the coordination and compatibility of plans for adjacent land uses;

   (c)   Facilitate the efficient movement of traffic; and

   (d)   Secure the protection of water resources, drainageways and appropriate open space areas.

(Ord. 4486, approved 10-14-1971)

   The provisions of these regulations shall be held to be minimum requirements to meet the purposes stated in § 1373.04. Where the provisions of these regulations impose greater restrictions than those of any statute, other ordinance or regulations, the provisions of these regulations shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of these regulations, the provisions of such statute, ordinance or regulation shall prevail.

(Ord. 4486, approved 10-14-1971)

   Should the courts declare any portion of these regulations to be invalid, such declaration shall not affect the validity of these regulations as a whole or any part thereof other than the specific portion declared to be invalid.

(Ord. 4486, approved 10-14-1971)

   Hereafter, no person shall sell, agree to sell, transfer or otherwise convey any lot by deed, agreement, lease or other instrument and no street, sanitary sewer, storm sewer, water main or other improvements in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon except in accordance with the provisions of these regulations.

(Ord. 4486, approved 10-14-1971)

   Any person who subdivides or develops his or her land in the manner other than provided in Art. 1371 through 1381 shall be fined not more than $1,000 per lot or per dwelling unit within each lot.

(Ord. 4585, approved 6-28-1973)

   (a)   No plan of any subdivision or land development shall be approved by the Planning Commission or Council, except in strict accordance with the express procedures designated in this article and other applicable parts of these regulations. Any approval of any plan not so processed as provided herein shall be null and void.

   (b)   It is the further intention of these regulations that all matters relating to the subdivision or development of land and requiring action by Council be referred to the Planning Commission for recommended action. It shall be the responsibility of the Commission to ensure that all applications for subdivision or land development are processed and acted upon in a timely manner and as prescribed by these regulations and the Pennsylvania Municipalities Planning Code.

(Ord. 4486, approved 10-14-1971)

   (a)   Plans shall be required at each stage of the review process according to the following table.

 

 

   (b)   Plans shall contain all data required by Art. 1377 unless expressly waived by the Planning Commission.

   (c)   The review process required at each plan stage shall not exceed 40 days commencing from the date a plan is duly filed with the Administrative Officer. Filing shall not be considered complete without acknowledgment of completeness by the Administrative Officer.

(Ord. 4486, approved 10-14-1971; Ord. 5508, approved 1-31-1991)

   The following filing fees, in addition to all other fees required by any statute of the Commonwealth of Pennsylvania or ordinance of the city, shall be submitted at the time of application or resubmission of subdivision or land development plan. No application shall be accepted or acted upon unless payment is made according to the fee schedule as specified in Art. 117 of the codified ordinances.

(Ord. 5458, approved 12-14-1989)

   The purpose of the sketch plan is to afford the developer an opportunity to consult early and informally with the Planning Commission regarding the overall concept and appropriateness of the prospective development and thus avoid potential conflict at the preliminary or final plan stages. The following is a list of procedures to be used in review of the sketch plan.

   (a)   Developer submits four copies of the sketch plan to the Administrative Officer at least 15 days prior to the meeting of the Planning Commission at which the plan is to be considered.

   (b)   The Administrative Officer checks the submission for completeness. If incomplete, returns the submission to the developer indicating deficiencies; or if complete, accepts submission and immediately distributes two copies of the plan to the City Planning Commission and one copy of the plan to the Lycoming County Planning Commission, retaining one file copy.

   (c)   At its first regular meeting following receipt of the complete submission by the Administrative Officer and following the 15-day waiting period, the City Planning Commission shall receive and review the developer’s submission, discuss the plan with the developer, evaluate the plan and, together with appropriate comments, direct whether the developer may proceed to the preliminary or final plan stages.

(Ord. 4486, approved 10-14-1971)

   The purpose of the preliminary plan is to require formal conditional approval of plans in order to minimize changes and revisions at the final plan stage. The following are procedures to be used in the review of preliminary plans.

   (a)   Developer submits six copies of the preliminary plan and data, three copies of the application and the required fee and deposit to the Administrative Officer.

   (b)   The Administrative Officer checks the submission for completeness. If incomplete, returns the submission to the developer indicating deficiencies; or, if complete, accepts the submission and immediately distributes two copies of the plan to the City Planning Commission and one copy each of the plan to Council, the Director of the Department of Community and Economic Development and the Lycoming County Planning Commission, retaining one file copy.

   (c)   The County Planning Commission and the Director of the Department of Community and Economic Development review the preliminary plan and submit reports to the City Planning Commission within 30 days of submission by the Administrative Officer.

   (d)   At its second regular meeting following receipt of the complete preliminary plan submission by the Administrative Officer, the City Planning Commission shall review the developer’s submission, discuss the plan with the developer and consider the reports of the County Planning Commission and the Director of the Department of Community and Economic Development.

   (e)   Following the review of the preliminary plan with the developer, the City Planning Commission shall evaluate the plan in regard to the general purposes and specific provisions of these Regulations and act thereon as submitted or modified. If approved, the Commission shall express its approval and state the conditions of such approval, if any, or, if disapproved, shall express its disapproval and its reasons therefor. The action of the Commission shall be noted on two copies of the preliminary plan, and the Commission’s recommended conditions shall be attached thereto. The Commission shall immediately forward both copies to Council for action.

   (f)   Within ten days of the City Planning Commission’s meeting at which action is taken on a plan, Council shall:

      (1)   Review the developer’s submission, together with the reports of the City Planning Commission, Director of the Department of Community and Economic Development and County Planning Commission;

      (2)   Express its conditional approval, stating the conditions of such approval, or its disapproval, stating the reasons therefor; and

      (3)   Within five days following the decision, inform the developer in writing. The action of Council shall be noted on two copies of the plan, together with its conditions, if any, or its reasons for disapproval. One copy of the notated plan shall be forwarded to the developer and the remaining copy returned to the City Planning Commission.

   (g)   Conditional approval of a preliminary plan of lots shall not constitute approval of the final plan of lots. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plan of lots as a guide to the preparation of the final plan of lots which will be submitted for approval of the City Planning Commission and Council, and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any.

(Ord. 4486, approved 10-14-1971; Ord. 5021, approved 1-31-1980)

   (a)   The purpose of the final plan is to obtain formal approval by Council for completed plans and to enter into necessary performance bonds or contracts prior to recording and commencement of work. The final plan shall conform substantially to the preliminary plan as approved; but, if desired by the developer, it may constitute only that portion of the approved preliminary plan of lots which he or she proposes to record and develop at the time.

   (b)   The following are procedures to be used in the review of final plans.

      (1)   Developer submits two copies, original drawing and a sepia duplicate of the final plan and one copy of other exhibits, including performance agreements, and the written application to the Administrative Officer. Such submission shall be made within six months after approval of the preliminary plan and at least 15 days prior to the meeting of the City Planning Commission.

      (2)   The Administrative Officer checks the submission for completeness. If incomplete, returns the submission to the developer indicating deficiencies; or, if complete, accepts the submission and immediately prepares and distributes one copy to the Director of the Department of Community and Economic Development, plus additional copies as may be required.

      (3)   Upon receipt of a copy of the final plan from the Administrative Officer, the Director of the Department of Community and Economic Development shall review the engineering considerations and guarantees of the submission and prepare a report of adequacy for the Commission and Council.

      (4)   The Commission shall, at that regular meeting scheduled for final plan review, approve the final plan providing that all conditions made at the time of preliminary plan approval are adequately provided for. If not so provided, the plan shall be disapproved, indicating to the developer the reasons for such disapproval.

      (5)   Within 40 days of the Commission’s meeting at which action was taken upon a final plan, Council shall approve such plan, stating any additional conditions of such approval or, if disapproved, state the reasons therefor and within five days following the decision inform the developer of such decision in writing.

      (6)   Every final plan shall carry the signature of:

         (A)   Owner of the land;

         (B)   Signature and seal of the registered engineer or surveyor;

         (C)   Director of the Department of Community and Economic Development;

         (D)   Chairperson of the City Planning Commission; and

         (E)   City Clerk.

(Ord. 4486, approved 10-14-1971; Ord. 5021, approved 1-31-1980)

   (a)   Upon the approval of a final plan, the developer shall, within 90 days of such final approval, record such plan in the office of the Recorder of Deeds of Lycoming County. The Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of Council.

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

(Ord. 4486, approved 10-14-1971)

   There will be no variances granted in whole or in part of these regulations, except in the following instances.

   (a)   Hardship. Upon application and allegations in writing that extra-ordinary hardship may result from strict compliance with these regulations, the case may be referred to the Planning Commission for the purpose of hearing the cause and determining substitute regulations to accommodate the specific hardships. If by adopting the substitute regulations substantial justice may be done and the public interest served, the Commission may adopt the substitute regulations in lieu of the regulations causing hardship, providing that such variance will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or the spirit of these regulations.

   (b)   Mixed residential development. The standards and requirements of these regulations may be modified in the case of a plan for a mixed residential development which, in the judgment of the Commission, provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated and which also provides the convenants or other legal provisions as will assure conformity to and achievement of the Comprehensive Plan.

(Ord. 4486, approved 10-14-1971)

   (a)   Challenges to the validity of these Regulations and appeals from any action of the Administrative Officer thereunder shall be heard by the Zoning Hearing Board under §§ 1319.11 and 1319.12 of the Zoning Ordinance. But when Council or the Planning Commission has held a hearing upon an application for subdivision or development, such hearing shall be deemed in lieu of a hearing by the Board; and appeal from any decision of Council shall be directly to court.

   (b)   The decisions of Council or the Commission with respect to the approval or disapproval of plans may be appealed within the same time limitations as provided for in zoning appeals in §§ 1319.21 through 1319.23.

(Ord. 4486, approved 10-14-1971)

   All plans shall be accompanied by or include the data required in the following sections; except that, the Planning Commission may waive specific requirements in certain cases if found to be unnecessary.

(Ord. 4486, approved 10-14-1971)

   Sketch plans shall show the following data, legibly drawn to scale, but not necessarily showing precise dimensions:

   (a)   Name of the subdivision or land development;

   (b)   Name and address of the owner;

   (c)   Name and address of the engineer, surveyor, architect or other person responsible for preparing the plan;

   (d)   Tract boundaries;

   (e)   North point and date;

   (f)   Location map;

   (g)   Streets on and adjacent to the tract;

   (h)   Significant topographical and physical features;

   (i)   Proposed general street layout;

   (j)   Proposed general lot layout or building layout; and

   (k)   Contours based on U.S.G.S. topography when requested by the Planning Commission.

(Ord. 4486, approved 10-14-1971; Ord. 5508, approved 1-31-1991)

   The preliminary subdivision or preliminary land development plan shall be at a scale of 100 feet to one inch or larger. Smaller map scales are permissible in the case of large development when approved by the Planning Commission.

   (a)   Existing conditions data shall include the following:

      (1)   Boundary lines with bearings and distances; existing monuments;*

      (2)   Easements: location, width, purpose;*

      (3)   Streets on and adjacent to the tract;*

      (4)   Utilities on and adjacent to the tract;*

      (5)   Ground elevations on the tract based on a datum plane approved by the Commission. Contours shall be at an interval of not less than five feet for land sloping more than approximately 2%. For land sloping less than 2%, show contours with an interval of not more than two feet;

      (6)   Subsurface conditions of the tract: show location and results of tests made to ascertain subsurface soil, rock and ground water conditions; location and results of soil percolation tests, if individual on lot sewage disposal systems are proposed, shall conform to the minimum requirements for individual water-supply and sewage disposal systems specified by the Federal Housing Administration;

      (7)   Proposed public improvements: highways or other essential services planned by public authorities for future construction on or near the tract;

      (8)   Title and certificates: present tract designation according to official records in the office of the appropriate recorder; scale, north point, bench marks, date of survey, certification of survey by registered surveyor or engineer as required;

      (9)   Gross acreage of development;

      (10)   Name and address of developer and owner;*

      (11)   A location map;*

      (12)   Proposed name of subdivision or land development;

      (13)   Location, character of existing buildings, species and size of large trees standing alone, the outline of all wooded areas, quarries, marshy areas, areas subject to inundation and other data which may serve to affect the street or building layout; and

      (14)   Name and address of the registered professional engineer, land surveyor, registered architect or other person responsible for preparation of the plan.

   (b)   Proposed layout shall include the following:

      (1)   The layout of streets, including the name and width of streets, alleys and crosswalks;

      (2)   The layout and approximate dimensions of lots;*

      (3)   The arrangement of buildings and parking areas in commercial and multi-family developments, with all necessary dimensions noted on the plan;

      (4)   Applicable zoning requirements and the location of zoning district boundary lines affecting the subdivision;

      (5)   A reference to any land dedicated for public use or offered for dedication for parks, recreation areas, schools, widening of streets or other public uses;

      (6)   For multi-family developments, the total area, total dwelling units, number of buildings, proposed density, total parking spaces, building coverage and the floor area ratio shall be on the plan;

      (7)   For subdivisions, the total area, number of lots, average and minimum lot size and proposed length of new streets shall be noted on the plan;

      (8)   Location and size of storm drains, sanitary sewers, culverts, watercourses and all appurtenances thereof, on site sewage disposal facilities, gas mains, water mains, fire hydrants, street lights, planting, special structures and other underground conduits or structures;

      (9)   Building setback lines established by zoning or other ordinances or deed restrictions with distances from the right-of-way line;*

      (10)   An indication of any lots in which other than a residential use is intended;

      (11)   Rights of way and/or easements proposed to be created for all drainage purposes, utilities or other pertinent reasons;

      (12)   Tentative typical cross-sections and centerline profiles for each proposed street shown on the preliminary plan. These plans may be submitted as separate sheets;

      (13)   Where the preliminary plan covers only a part of the owner’s entire holding, a sketch shall be submitted of the prospective street layout for the remainder;

      (14)   The words “Preliminary Plan - Not to be Recorded” shall be shown on the plan; and

      (15)   Draft of protective covenants shall be submitted whereby the developer proposes to regulate the land use in the subdivision and otherwise protect the proposed development.

   *Minor subdivision requirements are limited to items with an asterisk.

(Ord. 4486, approved 10-14-1971; Ord. 5508, approved 1-31-1991)

   The final plan shall be drawn in an indelible medium on sheets of quality paper 18 by 24 inches or six-inch multiples thereof and shall be at a scale of 100 feet to one inch or larger. Where necessary, the plan may be on several sheets, accompanied by an index sheet showing the entire subdivision or land development.

   (a)   General information to be shown:

      (1)   Name of the subdivision or land development;

      (2)   Name, address and certification of title of the owner;

      (3)   Name and address of the engineer, surveyor, architect or other person responsible for preparing the plan, plus appropriate certification;

      (4)   Date, north point and scale; and

      (5)   A location map for the purpose of locating the site to be subdivided or developed.

   (b)   Existing primary features:

      (1)   The location, names and widths of streets; the location and name of railroads; the location of property lines and names of adjacent owners; the location of watercourses, sanitary sewers, storm drains and similar features within 400 feet of any part of the land to be subdivided or developed;

      (2)   Location, size and ownership of all underground utilities and any rights-of-way within the property; and

      (3)   Location and character of existing buildings, location and size of trees, the outline of all wooded areas, quarries, marshy areas, areas subject to inundation and other data.

   (c)   Proposed layout:

      (1)   Lot layout, including dimensions and bearings and consecutive numbering of lots;

      (2)   The proposed names, cartway width and right-of-way width of all proposed streets;

      (3)   The arrangement of buildings and parking areas in commercial and multi-family developments, with all necessary dimensions noted on the plan;

      (4)   Sufficient data to determine readily the location, bearing and length of every street, lot and boundary line;

      (5)   The proposed building setback line for each street or the proposed location of each building;

      (6)   Accurate locations of all monuments, one to be placed at each change in direction of boundary, two to be placed at each street intersection and one on one side of each street at angle points and at the beginning and end of curves. Utility easements shall be monumented at their beginning and end, and areas to be conveyed for public use shall be fully monumented at their external boundaries;

      (7)   The location, width and purpose of all easements or rights of way and boundaries by bearings and dimensions;

      (8)   For multi-family developments, the total area, total dwelling units, number of buildings, proposed density, total parking spaces, building coverage and the floor area ratio shall be noted on the plan;

      (9)   For subdivisions, the total area, number of lots, average and minimum lot size and proposed length of new streets shall be noted on the plan;

      (10)   The location, size and invert elevations of all sanitary sewers, storm sewers and locations of all manholes, inlets and culverts and the design calculations of same, along with the plan and profile of same and any appurtenances;

      (11)   The location of all existing and proposed fire hydrants and utilities;

      (12)   Typical cross-sections and street profiles for all streets. Such profiles shall show the existing and proposed grades along the proposed street centerlines;

      (13)   Areas reserved as open space, together with material required by § 1381.03;

      (14)   Areas dedicated to public usage, together with appropriate deeds of dedication;

      (15)   An improvement plan showing grading pavement and curb lines, sidewalks with dimensions of all utilities, property designated and with sizes noted, lots numbered and streets identified, at the same scale as the final plan of lots, is required;

      (16)   If the construction requirements are not completed, a bond, executed by a surety company consisting of cash or securities satisfactory to the Director of Finance and Personnel, shall be furnished, equal to the cost of construction plus engineering fees for layout and inspection, based on an estimate furnished by the Director of Community and Economic Development. This bond shall be accepted on the basis that the improvements will be completed within one year, and in the event they are not completed, the city will proceed with the work, and the owner and/or bond will be liable for the costs thereof;

      (17)   Protective covenants in final form for recording in the office of the Lycoming County Recorder of Deeds, shall be presented; and

      (18)   Other data is required such other certificates, affidavits or endorsements as may be required by the Planning Commission or Council.

(Ord. 4486, approved 10-14-1971; Ord. 5022, approved 1-31-1980; Ord. 5508, approved 1-31-1991)

   (a)   Purpose. The specific purpose of these special provisions is:

      (1)   To regulate the subdivision and development of flood-prone areas in order to promote the general health, welfare and safety of the city;

      (2)   To require that each subdivision lot in a flood-prone area be provided with a safe building site with adequate access; and that public facilities which serve such uses be designed and installed to preclude flood damage at the time of initial construction; and

      (3)   To protect individuals from buying lands which are unsuitable for use because of flood hazards by prohibiting the subdivision or development of unprotected flood-prone lands.

   (b)   Abrogation and greater restrictions. This section supersedes any ordinances currently in effect in flood-prone areas. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.

   (c)   Municipal liability. The grant of a permit or approval of a subdivision or land development plan in the identified flood-prone area(s) shall not constitute a representation, guarantee or warranty of any kind by the city or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the city, its officials or employees.

   (d)   Pre-application procedures.

      (1)   Prior to the preparation of any plans, it is suggested that prospective developers consult with the Pennsylvania Department of Environmental Resources concerning soil suitability when on-site sewage disposal facilities are proposed.

      (2)   Prospective developers shall consult the County Conservation District representative concerning erosion and sediment control and the effect of geologic conditions on the proposed development. At the same time a determination should be made as to whether or not any flood and/or mudslide hazards either exist or will be created as a result of the subdivision or development.

   (e)   Preliminary plan requirements.

      (1)   The following information shall be required as part of the preliminary plan and shall be prepared by a registered engineer or surveyor:

         (A)   A map showing the location of the proposed subdivision or land development with respect to the city’s flood-prone areas including information on, but not limited to, the regulatory flood elevations, boundaries of flood-prone areas, proposed lots and sites, fills, flood or erosion protective facilities, and areas subject to special deed restrictions. Within general floodplain area the regulatory flood elevations shall be established as a point on the boundary of general floodplain area which is closest to construction site in question (as delineated in § 1332.06 of the Planning and Zoning Code).

         (B)   Where the subdivision or land development lies partially or completely in the flood-prone area or where the subdivision or land development borders on the flood-prone area, the preliminary plan map shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites.

      (2)   All such maps shall also show contours at intervals of two or five feet depending upon the slope of the land and identify accurately the boundaries of the flood-prone area.

   (f)   Final plan requirements. The following information shall be required as part of the final plan and shall be prepared by a registered engineer or surveyor:

      (1)   All information required for the submission of the preliminary plan incorporating any changes requested by the city; and

      (2)   A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed in flood prone area. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the flood-prone area.

(Ord. 4866, approved 11-18-1977)

   The design standards to which all plans must conform in order that they be approved by the Planning Commission are as contained in this article. The requirements of the Zoning Ordinance, both the general requirements and the requirements for the district in which the development is located, shall also be met.

(Ord. 4486, approved 10-14-1971)

   The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Plan and shall be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such streets. In all cases, streets shall be designed to meet the needs of all users, including not only motor vehicles but also pedestrians, bicyclists and transit users of all ages and abilities. This shall apply to all new streets and to the reconstruction, rehabilitation, repair and maintenance of existing streets.

   (a)   Where such is not shown in the Comprehensive Plan, the arrangement of streets in a subdivision shall either:

      (1)   Provide for the continuation or appropriate projection of existing streets and surrounding areas;

      (2)   Conform to a plan for the neighborhood or planning district prepared by the Planning Commission where topographical or other conditions exist that make continuance of or conformation to existing streets impractical; or

      (3)   Conform, in the case of multi-family housing projects, industrial developments, commercial districts, unit group projects and the like to a plan approved by the Planning Commission.

   (b)   No residential street shall be laid out in such a way as to permit or encourage its use by through traffic.

   (c)   Where a subdivision abuts or contains an arterial street shown on the Comprehensive Plan, the Commission may require a non-access reservation or “buffer strip” containing screen planting along the rear property line, deep lots with rear service ways or such other treatment as may be necessary for adequate protection of residential properties and will afford separation of thru and local traffic.

   (d)   Where a subdivision borders along or contains a controlled access highway right-of-way as shown on the general street plan for the location of streets (Ord. 2888, 8-24-1961, and all future locations), the Commission may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land. Portions of such width shall be greater where approach grades and future grade separations require additional width.

   (e)   Reserve strips controlling the access to streets shall be prohibited except where their control is definitely placed under the jurisdiction of the city with conditions approved by the Commission.

   (f)   Street jogs with centerline offsets of less than 125 feet shall be avoided; residential streets shall intersect collector streets at “T” street intersections if possible.

   (g)   A tangent at least 50 feet long shall be introduced between reverse curves on residential streets.

   (h)   When connecting street lines deflect from each other at any one point, they shall be connected by radial curves adequate to ensure a sight distance of not less than 100 feet for collector streets, 50 feet for residential streets and of such greater radii as the Commission determines for special cases.

   (i)   Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than 60 degrees. Not more than two streets shall converge at one intersection.

   (j)   Street intersections shall be rounded with radii of:

 

 

   (k)   Street right-of-way widths, pavement and sidewalk widths shall be the minimum specified hereafter.

 

   (l)   Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. Where the subdivision abuts on an existing street, developers shall allow a right-of-way from the center of such road equal to one-half that required by the classification into which such road falls, as outlined herein.

   (m)   Cul-de-sac streets shall not normally be longer than 600 feet. All cul-de-sacs shall be provided at the closed end with a turnaround having an outside right-of-way diameter of at least 90 feet and a cartway diameter of 56 feet. Where cul-de-sac streets exceed 600 feet, larger turnarounds and additional turnarounds may be required.

   (n)   No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Commission.

   (o)   Streets shall not have a grade of less than 1%, nor exceed the following grades unless approved by the Engineering Department.

 

 

   (p)   When a street designated as an official bike route by resolution of City Council is resurfaced, repainted, reconstructed, repaired or otherwise rehabilitated, City Council may require that appropriate bicycle markings be incorporated into the street design.

   (q)   The Engineering Department and Public Works Department shall consult the most current editions of the following engineering manuals as design guidelines to accommodate all street users:

      (1)   Designing Walkable Urban Thoroughfares, Institute of Transportation Engineers;

      (2)   Urban Street Design Guide, National Association of City Transportation Officials;

      (3)   Urban Bikeway Design Guide, National Association of City Transportation Officials.

(Ord. 4486, approved 10-14-1971; Ord. 5023, approved 1-31-1980; Ord. 6328, approved 6-8-2017)

   (a)   Conformance to state standards. Except as provided in this article, all access driveways on public streets shall conform to the Commonwealth of Pennsylvania Department of Transportation Annex No. 1 to the Manual for Highway Occupancy Permits, Regulations Governing Construction of Access Driveways Within the Right-of-Way of State Highways, with the latest revisions, which is hereby made a part of these regulations. The term “commercial” includes all non-residential uses.

   (b)   Governing standards.

 

 

   (c)   Closeness to intersection. No driveway shall be closer to the intersection of any two street lines than twenty feet, measured along the street line.

   (d)   Maneuvering area. Access driveways and parking areas shall be designed to provide ample maneuvering area off the right-of-way to allow vehicles to enter the roadway without backing out and turning on the right-of-way. This provision may be waived in specific cases on streets not designated distributor roads or local streets at the discretion of the Planning Commission.

   (e)   Common driveway. A common driveway serving two adjoining lots may be permitted; provided that, the lot owners submit to the Administrative Officer an instrument duly executed and acknowledged subjecting such lots to such use.

   (f)   Application for driveway.

      (1)   Applications for access driveways on public streets shall be submitted by the Administrative Officer to the Engineering Department and the Commission for their review and recommendation.

      (2)   Applications for access driveways on U.S. and Pennsylvania highways may be submitted by the city to the District Transportation Engineer for his or her review and recommendation.

   (g)   Barriers. Where necessary due to the location of driveways and parking areas, a suitable substantial barrier, such as a raised curb, pipe railing, bollards or wall, shall be installed to prevent vehicular access, except at permitted driveways, to prevent encroachment of vehicles onto sidewalks and elsewhere as may be required by the Administrative Officer in order to protect pedestrians and structures; all such barriers shall be approved by the Administrative Officer.

   (h)   Property adjoining distributor roads. For property adjoining arterial or collector streets where an adequate Gradeary means of access is provided, such as another street or an alley, and where it would not cause undue inconvenience or disadvantage as compared to similar premises or uses on the same road, access driveways should be located on such secondary streets and alleys.

(Ord. 4486, approved 10-14-1971; Ord. 5024, approved 1-31-1980)

   (a)   Automobile parking facilities shall be provided off-street in accordance with the requirements of the Zoning Ordinance.

   (b)   At no time shall angle or perpendicular parking be permitted along the public streets. All parking lots and bays permitting parking other than parallel shall be physically separated from the street and confined by curbing.

   (c)   No one area for off-street parking of motor vehicles shall exceed 36 cars in capacity. Separate areas on a parcel shall be physically separated from one another by planting strips in accordance herewith.

   (d)   No less than ten feet of open space shall be provided between the curb line of any parking area and the outside wall of any dwelling unit.

   (e)   Parking lot dimensions shall be no less than those listed in the following table.

 

 

   (f)   All dead-end parking lots shall be designed to provide sufficient back-up area for the end stalls of the parking lots.

   (g)   Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.

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

   (i)   Except at entrance and exit drives, all parking areas shall be set back from the street line at least five feet.

   (j)   Any newly constructed parking lots within the CC district shall have a pedestrian entrance that faces onto a public street or a landscaped plaza that abuts a public street.

(Ord. 4486, approved 10-14-1971; Ord. 5870, approved 5-16-2002; Ord. 6402, approved 2-4-2021)

   (a)   Easements across lots or centered on rear or side lines shall be provided where necessary as determined by the Planning Commission and shall be at least 15 feet wide.

   (b)   Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement for drainage with a right-of-way conforming substantially with the lines of such watercourse and such further width for construction as will be adequate for the purpose. Parallel streets may be required in connection therewith.

   (c)   All easements shall be clearly identified as to purpose.

(Ord. 4486, approved 10-14-1971)

   (a)   The lengths, widths and shapes of blocks shall be determined with due regard to:

      (1)   Provision of adequate building sites suitable to the special needs of the type of use contemplated;

      (2)   Zoning requirements as to lot sizes and dimensions;

      (3)   Needs for convenient access, circulation control and safety of street traffic; and

      (4)   Limitations and opportunities of topography.

   (b)   Blocks lengths shall not normally exceed 1,800 feet or be less than 400 feet.

   (c)   Pedestrian ways not less than 20 feet wide shall be required where deemed essential to provide circulation, access to schools, playgrounds, shopping centers, transportation and other community facilities.

   (d)   Blocks shall have sufficient width to provide for two tiers of lots.

(Ord. 4486, approved 10-14-1971)

   The lot size, width, depth, shape and orientation and the minimum yard requirements shall be appropriate for the location of the subdivision and the type of development and use contemplated and shall be in accordance with these regulations and the Zoning Ordinance.

   (a)   Lot dimensions shall conform to the requirements of the Zoning Ordinance; or, if minimum lot sizes are not so required, the following requirements shall apply.

      (1)   In tracts subdivided into parcels containing one or more acres, parcels shall be arranged so as to allow the resubdivision of any such parcels into smaller lots in accord with the provisions of these regulations.

      (2)   Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-street parking facilities, loading and/or unloading as required by the type of development contemplated and outlined in the Zoning Ordinance.

   (b)   Each lot shall abut on a public street not an alley, with satisfactory frontage and access to a public street, except in cases specifically exempted by the Zoning Ordinance or these regulations. All roads that are not public shall maintain standards as specified in § 1379.02(k). At the curved end portion of the cul-de-sac, each lot shall have at least 50 feet frontage at the property right-of-way.

   (c)   Double frontage and reverse frontage of lots should be avoided, except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

   (d)   Side lot lines shall be substantially at right angles or radial to street right-of-way lines.

   (e)   In areas zoned for residency, the depth to width ratio shall not exceed three and one-half to one.

(Ord. 4486, approved 10-14-1971)

   (a)   Conformity to Zoning Ordinance. The density, parking and area and building requirements shall in all respects conform to the Zoning Ordinance for multi-family developments.

   (b)   Arrangement of buildings and facilities.

      (1)   All of the elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and shape of the plot, the character of the adjoining property and the type and size of the buildings in order to produce a livable and economic land use pattern.

      (2)   Arrangement of buildings shall be in favorable relation to the natural topography, existing desirable trees, views within and beyond the site and exposure to the sun and other buildings on the site. Grading around buildings shall be designed to be in harmony with natural topography, at the same time assuring adequate drainage and safe and convenient access.

   (c)   Access and circulation.

      (1)   Access to the dwellings and circulation between buildings and other important project facilities for vehicular and pedestrian traffic shall be comfortable and convenient for the occupants.

      (2)   Access and circulation for fire-fighting equipment, furniture moving vans, fuel trucks, garbage collection, deliveries and snow removal shall be planned for efficient operation and convenience.

      (3)   Walking distance from the main entrance of building to a street, driveway or parking area shall usually be less than 100 feet; exception to this standard should be reasonable justified by compensating advantages, such as desirable views and site preservation through adaptation to topography. In no case shall the distance exceed 250 feet.

   (d)   Yards. Yards shall assure adequate privacy, desirable outlook, adequate natural light and ventilation, convenient access to and around the dwellings and other essential uses.

   (e)   Streets, driveways, parking. Streets, driveways and parking areas shall be as specified in other sections of this article.

   (f)   Sidewalks.

      (1)   Street sidewalks and on site walks shall be provided for convenience and safe access to all living units from streets, driveways, parking areas or garages and convenient circulation and access to all project facilities.

      (2)   Width, alignment and gradient of walks shall provide safety, convenience and appearance for pedestrian traffic.

      (3)   The alignment and gradient of walks shall be coordinated with the grading plan to prevent the passage of concentrated surface water on or across the walk and to prevent the pocketing of surface water by walks.

   (g)   Planting. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features; and additional new plant material shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features.

(Ord. 4486, approved 10-14-1971)

   (a)   Lotting of individual lots for commercial purposes shall be avoided in favor of a comprehensive design of the land to be used for such purposes.

   (b)   In the arrangement of buildings and facilities all of the elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and shape of the plot, the character of the adjoining property and the type and size of the buildings in order to produce a livable and economical land use pattern.

   (c)   Additional width of streets adjacent to areas proposed for non-residential use may be required as deemed necessary by Council to assure the free flow of through traffic from vehicles entering or leaving parking areas.

   (d)   When adjacent lots proposed for non-residential uses front on a collector or arterial street, the owner may be required to provide a service road for ingress and egress; or, in lieu thereof, the owner may be required to provide an area adjacent to the proposed lots for off-street parking purposes.

   (e)   (1)   Alleys shall be required in commercial and industrial districts, except where other adequate provision is made for off-street loading and parking consistent with the use proposed.

      (2)   Dead-end alleys shall be avoided; but where this proves impossible, they shall be terminated with a paved turn-around of adequate dimensions.

   (f)   Every effort shall be made to protect adjacent residential areas from potential nuisance of the proposed non-residential developments, including the provisions of extra depths in parcels backing up on existing or potential residential developments and provisions for a permanently landscaped evergreen buffer strip.

   (g)   Streets carrying non-residential traffic shall not normally be extended to the boundaries of the adjacent existing or potential residential areas or connected to streets intended for predominantly residential traffic.

   (h)   When possible, parking areas shall be located or designed in such a manner that they are visibly secluded from eye level of the surrounding area. Grading to depress the parking area, raised berms, landscaping or fencing are satisfactory methods to create such seclusion.

   (i)   All area, design and parking requirements shall conform to the Zoning Ordinance.

(Ord. 4486, approved 10-14-1971)

   (a)   Design standards and improvements generally.

      (1)   Where not prohibited by this or any other laws or ordinances, land located in flood-prone area(s) may be platted for development with the provision that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.

      (2)   Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any floodway area. Sites for these uses may be permitted outside the floodway area if the sites or dwelling units are elevated to a height at least one and one-half feet above the elevation of the 100-year flood. If fill is used to raise the elevation of a site, the fill area shall extend out laterally for a distance of at least 15 feet beyond the limits of the proposed structures.

      (3)   Building sites for structures or buildings other than for residential uses shall also not be permitted in any floodway area. Also such sites for structures or buildings outside the floodway shall be protected as provided for in subsection (a)(2) hereof. However, Council may allow the subdivision or development of areas or sites for commercial and industrual uses at an elevation less than one and one-half feet above the one hundred year flood if the developer otherwise protects the area to that height or assures that the buildings or structures will be flood-proofed at least up to that height.

      (4)   If the city determines that only a part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.

      (5)   When a developer does not intend to develop the plat himself and the city determines that additional controls are required to ensure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such restrictions shall be inserted in every deed and noted on every recorded plat.

      (6)   The plan shall show the boundary of the 100-year floodplain utilizing the Type 15 Flood Insurance Study.

   (b)   Excavation and grading. Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult the County Conservation District representative concerning plans for erosion and sediment control and to also obtain a report on the soil characteristics of the site so that a determination can be made as to the type and degree of development the site may accommodate.

   (c)   Alteration of streams or watercourses. No alteration or relocation of a stream or watercourse can take place without obtaining the required permit from the Department of Environmental Resources. Prior to such alteration or relocation, adjacent communities, the State Department of Community Affairs and Federal Insurance Administration shall be notified. Under no circumstance shall any alteration or relocation take place which will lower the flood carrying capacity.

   (d)   Streets. The finished elevation of proposed streets shall be not more than two feet below the 100-year flood elevation. The city may require, where necessary, profiles and elevations of streets to determine compliance with this requirement. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.

   (e)   Sewer facilities. All sanitary sewer systems located in flood-prone areas, whether public or private, shall be flood-proofed up to a point one and one-half feet above the 100-year flood.

      (1)   The city may prohibit installation of sewage disposal facilities requiring soil absorption systems where such systems will not function due to high ground water, flooding or unsuitable soil characteristics. The city may require that the developer note on the face of the plat and in any deed of conveyance that soil absorption fields are prohibited in designated areas.

      (2)   The city may prescribe adequate methods for waste disposal. If a sanitary sewer system is located on or near the proposed subdivision and/or land development, the city shall require the developer to provide sewage facilities to connect to this system where practical, and shall prescribe the procedures to be followed by the developer in connecting to the system.

   (f)   Water facilities. All water systems located in flood prone areas, whether public or private, shall be flood-proofed to a point one and one-half feet above the 100-year flood elevation. If there is an existing public water supply system on or near the subdivision, the city shall require the developer to connect to this system where practical, and shall prescribe the procedures to be followed by the developer in connecting to the system.

   (g)   Other public utilities and facilities. All other public and/or private utilities and facilities shall be elevated or flood-proofed to a point one and one-half feet above the 100-year flood elevation.

   (h)   Drainage facilities.

      (1)   Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites.

      (2)   Plans shall be subject to the approval of city. The city may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

(Ord. 4866, approved 11-18-1977)

   (a)   General.

      (1)   The purpose of these design standards is to guide the design of buildings constructed in the CBD Zoning District to ensure that, through appropriate use of facades, windows, building orientation and architectural details, new structures and alterations of existing structures are physically and visually compatible with other buildings within the downtown business district. Existing buildings in the downtown area reflect a distinctive but varied set of Nineteenth and Twentieth Century architectural styles. It is the desire of the city to have buildings that are sensitive to the existing architectural styles.

      (2)   These standards are intended to encourage quality design in new building construction, enhance street safety and provide a comfortable street environment by providing features of interest to pedestrians. Good design results in buildings that are in visual harmony with nearby buildings, leading to a central downtown district that is attractive, interesting, active and safe. These qualities, in turn, contribute to the creation of a downtown core that facilitates easy pedestrian movement and establishment of a rich mixture of uses.

   (b)   Dimensional standards.

      (1)   Lot area, lot width, and lot depth: as specified in the CBD zoning district.

      (2)   Setbacks: new construction and infill buildings must maintain the alignment of facades within 18 inches along the sidewalk edge. Exceptions may be granted if the setback is pedestrian-oriented and contributes to the quality and character of the streetscape. An example would be for outdoor dining.

      (3)   Building height: the minimum height of a structure at the sidewalk edge shall be 18 feet or the average height of the buildings on that block, whichever is higher.

   (c)   Pedestrian accessibility.

      (1)   Buildings shall maintain and enhance the pedestrian scale and orientation of the downtown core.

      (2)   Special attention shall be given to designing a primary building entrance, which is both attractive and functional.

      (3)   Buildings located at the intersection of two streets shall consider the use of a corner entrance to the building.

      (4)   Pedestrian environment may be enhanced by street furniture, landscaping, awnings and movable planters of seasonal flowers.

   (d)   Compatibility with existing downtown businesses. The size and shape of proposed construction shall be comparable with the size and shape of surrounding buildings. Where building sizes will not be equivalent or comparable, larger building facades shall be broken down into units that resemble the size of existing storefront facades. Likewise, the form of new construction shall complement the general shape of existing, nearby storefront buildings and their features.

   (e)   Building materials and colors.

      (1)   Facades shall be varied and articulated to provide visual interest to pedestrians. Within larger projects, variations in facades, floor levels, architectural features and exterior finishes shall create the appearance of several smaller buildings.

      (2)   Exterior building materials shall convey an impression of durability. Materials such as masonry, stone, stucco and wood are encouraged. Metal siding is not permitted as the primary exterior building material, but metal may be used for accents including awnings. Other materials not permitted as primary wall surfaces are: vinyl siding; cast block; glass block; faux stone; plywood sheathing; chipboard or wood composite sheathing; plastic composite sheathing; fiberglass panels; board-and-batten; or rough wood surfaces. Cast block, glass block and other materials and treatments may be used on a minority of the surfaces within the facade for the purpose of providing decorative elements or visual breaks.

      (3)   Where masonry is used for exterior finish, decorative patterns should be incorporated. Examples of these decorative patterns include multicolored masonry units such as brick, stone or cast stone, in layered or geometric patterns or split-faced concrete block to simulate a rusticated stone-type construction.

      (4)   Wood siding must be bevel, shingle siding or channel siding and must not be applied in a diagonal or herringbone pattern. T-111 style siding is not permitted.

      (5)   Preferred colors for exterior building finishes are earth tones, creams and pastels of earth tones. High-intensity primary colors and metallic colors may be utilized as trim and detail colors but shall not be used as primary wall colors.

   (f)   Roof materials, parapets and roof pitch.

      (1)   Pitched roof structures shall have a minimum roof pitch of 6:12.

      (2)   Flat roofs are permitted with detailed parapets or detailed brick coursing.

      (3)   Visible sloped roofs must be a “non-color”: gray; black; or dark brown.

      (4)   Visible roof materials must be slate, tile, wood or architectural grade composition shingle, or sheet metal with standing or batten seam.

      (5)   All roof and wall-mounted mechanical, electrical, communications and service equipment, including satellite dishes and vent pipes, must be screened from public view by parapets, walls or by other approved means consistent and compatible with the architectural style of the building.

      (6)   The design should be applicable to a variety of business and/or residential uses and not specific to one business or corporate entity. Roof outlines or materials, which serve as a business or corporate identity, are not permitted.

   (g)   Building facades.

      (1)   Building entrances must be architecturally emphasized and visible from the street.

      (2)   Ornamental devices, such as molding, entablature and friezes, are encouraged at the roofline.

      (3)   Alcoves, porches, arcades and the like. Buildings should incorporate features such as arcades, roofs, porches, alcoves, porticoes and awnings to protect pedestrians from the rain and sun. Awnings and entrances may be designed to be shared between two structures.

      (4)   For buildings designed to house retail, service or office businesses, traditional storefront elements are required. These elements include:

         (A)   Clearly delineated upper and lower facades;

         (B)   A lower facade dominated by large display windows and a recessed entry or entries; required window areas must be either windows that allow views into working areas, or lobbies, pedestrian entrances or display windows;

         (C)   Smaller, regularly spaced windows in the upper floor(s); and

         (D)   Decorative trims, such as window hoods, surrounding upper floor windows.

   (h)   Windows. All new buildings must provide ground floor windows on any elevation abutting the street. Windows, which allow views to the interior activity or display areas, are encouraged. Windows should include architecturally appropriate trim or molding around the perimeter, sills at the bottom and pediments at the top. If this is not possible, then some compensatory element must be added. Reflective glass and painted or darkly tinted glass are discouraged.

   (i)   Landscaping/streetscape.

      (1)   Benches, outdoor seating and trash receptacles must complement the existing ornamental street lighting and be in keeping with the overall architectural character of the downtown.

      (2)   Benches and other streetscape items may be placed within the public right-of way, but must not block free movement of pedestrians. A minimum pedestrian walkway width of five feet must be maintained at all times.

   (j)   Lighting.

      (1)   All building entrances and exits must be well lighted.

      (2)   Exterior lighting must be an integral part of the architectural design of the structure.

      (3)   Minimum lighting level in accordance with Art. 1344 and 1346.

   (k)   External storage. The external storage of merchandise and/or materials directly or indirectly related to a business is prohibited.

   (l)   Outdoor seasonal displays of merchandise. Outdoor seasonal displays of merchandise are permitted during business hours only. A minimum pedestrian walkway width of five feet must be maintained at all times.

   (m)   Trash and recycling storage. Each structure shall provide for collection of its trash and recyclable materials within the boundaries of each parcel. All trash collection areas must be located within the structure, or behind the building in an enclosure, in accordance with Art. 1151. On the street level, mechanical elements, refuse storage areas and loading dock areas must be out of view of pedestrians. This should be a part of the building design and not simply added fencing.

   (n)   Signage. In accordance with § 1346.06(i).

   (o)   Additional requirements. The above provisions shall be applicable to any construction or change in use subject to site and design review. The Planning Commission of the City of Williamsport will evaluate construction for compliance with these provisions and the zoning ordinance, subject to acceptance by Williamsport City Council.

(Ord. 6133, approved 4-30-2009)

   (a)   Recommendation to Council; certificate of appropriateness. Upon receipt of the written advice or recommendations of the Planning Commission relating to facade, signs and awnings, Council shall consider at a regular or special meeting the question of issuing to the Building Inspector a certificate of appropriateness authorizing a permit for the work covered by the application. The City Clerk shall give the applicant not less than five days’ written notice of the time and place of the meeting at which his or her application will be considered and of the fact that he has the right to attend and be heard as to his or her reasons for filing the same. However, the applicant may execute and file a written waiver of the five-day notice requirement if he or she elects to do so in order that the meeting may be scheduled at an earlier date. In determining whether or not to certify to the appropriateness of the proposed erection, reconstruction, alteration, restoration, demolition or razing of all or part of such building, Council shall consider the same factors as the Planning Commission as set forth in the report of the Commission. If Council approves the application, it shall issue a certificate of appropriateness authorizing the Building Inspector to issue a permit for the work covered. If Council disapproves, it shall do so in writing, giving reasons therefor; and a copy thereof shall be given to the applicant and to the Building Inspector. The disapproval shall indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive central business district character. In any event, Council shall render its decision no later than 30 days from receipt of the written recommendations of the Board.

   (b)   Appeal from disapproval. Upon receipt of the written disapproval of Council, the Building Inspector shall disapprove the application for a building permit and so advise the applicant. The applicant may appeal from the disapproval as provided by the Local Agency Law (2 Pa.C.S.A. §§ 101 et seq.).

   (c)   Enforcement. The Building Inspector shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this article in the same manner as in his or her enforcement of other building, zoning or planning legislation or regulations of the city.

(Ord. 6131, approved 4-30-2009)

   (a)   No subdivision of land within the City shall be approved by the Planning Commission until certification has been received from the Director of Community and Economic Development that the improvements proposed therein are sufficient both in extent and quality to satisfy the requirements of the city and that security has been provided in an amount sufficient to ensure completion of the improvements and maintenance thereof for one year.

   (b)   Improvements to be installed and constructed shall include street grading, street pavement, curbs, utilities, water mains, storm sewers, sanitary sewers, sidewalks, monuments, street signs and such other improvements as may be deemed appropriate by the Commission. Specifications for the improvements covering the design, materials, installation and other conditions shall be as required by the Director of Community and Economic Development.

(Ord. 5025, approved 1-31-1980)

   Data sheet code numbers used herein refer to Federal Housing Administration bulletin “Neighborhood Standards, Eastern Pennsylvania and Delaware” or such other standards as may be established by the city from time to time and are found in Appendix I of these regulations.

   (a)   Extent of improvements per data sheet SE-102.

   (b)   Arterial streets existing or proposed as part of Pennsylvania Department of Transportation network shall be determined after consultation with highway officials.

   (c)   Collector streets: 60-foot right-of-way; 42-foot pavement per data sheet SF-100. Pavement specifications: three inches wearing surface, two course, ten-inch slag base, two-course as per data sheet SL-351; concrete curb. In industrial districts, the above standards shall prevail.

   (d)   Residential streets: 50-foot right-of-way; 26-foot pavement per data sheet SF-100. Pavement specifications: two-inch wearing surface per data sheet SL-301, two-course eight-inch slag base, two-course concrete curb; or six-inch portland cement concrete per data sheet SL-110 with integral curbs, additional option for collector streets, portland cement concrete per data sheet SL-220 integral curbs.

   (e)   Marginal access streets: 40-foot right-of-way; 20-foot pavement per data sheet SF-100. Pavement specifications same as for residential streets.

   (f)   Grading for full right-of-way and paved areas per data sheet SG-201.

   (g)   Storm sewer system per accepted drainage plan and data sheet SH-201.

   (h)   Portland cement concrete curb required on all streets. Curbs to be of design and material approved by the Director of Community and Economic Development.

   (i)   Pavement base: where used with bituminous wearing surface, per data sheet SK-351.

   (j)   Wearing surface: bituminous concrete per data sheets SL-301 and SL-351 or portland cement concrete pavement per data sheet SL-110.

   (k)   Nothing in these regulations shall be construed to regulate the location or specifications of storm sewers, fire hydrants, telephone lines, natural gas lines or similar utilities; sanitary sewers shall be placed near the centerline of right-of-way unless authorized otherwise by the Director of Community and Economic Development.

   (l)   Utility and street improvements shall be provided in each new subdivision in accordance with the standards and requirements described and in accordance with the Comprehensive Plan.

(Ord. 4486, approved 10-14-1971; Ord. 5025, approved 1-31-1980)

   (a)   Preliminary plan. The applicant of any proposed development shall, at the time of submission of the preliminary plan, delineate on the plan those open spaces proposed for common ownership and management by an association of residents or owners and those proposed for public dedication. Council, at the time of approval of the preliminary plan, shall indicate those areas it is willing to accept for public dedication.

   (b)   Final plan. The applicant of any proposed development containing open space proposed for joint responsibility shall, at the time of submission of the final plan, present documents creating and governing a property owners’ organization and containing the declaration of covenants, restrictions, easements, changes and liens deemed necessary to own, manage and maintain any open space areas and any associated recreational facilities. These documents shall contain the following minimum essential provisions with respect to such organizations:

      (1)   Powers and duties in maintaining and administering open space and recreational facilities, administering and enforcing all covenants and restrictions and in levying, collecting and disbursing of assessments and changes;

      (2)   Membership and voting rights;

      (3)   Establishment of bond as required by § 1381.04 to guarantee the initial construction and installation of all recreation facilities within the open space areas; and

      (4)   Rights and duties of the city, members of the organization and other residents of the proposed development in the event of breach of any covenant or restriction,

   (c)   Failure to maintain. If any organization established to own and maintain open space or any successor organization shall breach any covenant or restriction or fail to maintain the open space in reasonable order and condition, the organization, the city and any other parties in interest shall be guided by the provisions of § 705(d) of the Pennsylvania Municipalities Planning Code.

(Ord. 4486, approved 10-14-1971)

   (a)   A performance bond or escrow account of sufficient size to cover the installation cost and one year’s maintenance of all street and storm drainage improvements, sanitary waste collection and treatment facilities, water mains, curbs and sidewalks, street lights, street signs and any other common improvements or facilities deemed necessary by Council and contained in the final plan shall be required before Council approves the plan for recording. Such bond or escrow shall be accompanied by a written agreement to complete all improvements indicated on the final plan.

   (b)   The developer shall be released from the performance bond or escrow account after all improvements have been completed and such improvements have been inspected and approved by the Director of Community and Economic Development. The Director shall file a report, in writing, with Council indicating recommended approval or rejection. In case of a subsequent rejection by Council, the developer shall be required to complete such improvements or be subject to conditions Council may impose.

   (c)   In the event that any required improvements are not installed as required by these regulations or in accord with the final plan or improvement agreement, the city may, at its option, install such improvements in all or part, utilizing the funds contained in such bond or escrow account. If the funds are insufficient to pay the cost, Council may institute legal action to recover the moneys necessary to complete the remainder of the improvements.

(Ord. 4486, approved 10-14-1971; Ord. 5025, approved 1-31-1980)

   The purpose and intent of this article is to define the appropriate landscaping requirements, by use and function, for various types of regulated land uses and activities within the City of Williamsport.

(Ord. 5868, approved 5-16-2002)

   (a)   This article shall be a minimum standard and shall apply to all areas within the city limits. It shall be enforced in conjunction with the Trees Ordinance, Part Nine, Title Three, §§ 915.01 through and including 915.99; the Zoning Ordinance, Part Thirteen, Art. 1311 through and including 1346; and the Subdivision and Land Development Ordinance, Part Thirteen, Title Nine, Art. 1371 through and including 1381.

   (b)   The provisions of this article shall apply to new construction, subdivisions and land developments, additions increasing the ground floor area of an existing structure by 50% or more, substantial exterior rehabilitation of a structure improvement to an existing vehicle use area or any activity which creates a new vehicle use area, and such other activities to which these regulations may apply.

   (c)   The provisions of this article shall be subject to other applicable regulations where such regulations are more restrictive.

(Ord. 5868, approved 5-16-2002)

   In construing the provisions of this article and each word, term, phrase or part thereof, where the context will permit, the following definitions shall apply.

   BUFFERYARD. A unit of land, possibly including an open area of plantings, surrounding a less restrictive land use (such as industrial), which screens or blocks, thus reducing or eliminating conflict with a more restrictive land use (such as residential).

   CERTIFICATE OF OCCUPANCY. A document issued by Bureau of Codes authorizing human habitation of a structure for its intended use and purpose.

   GROUND COVER. Contractor’s mix grass or equivalent.

   LANDSCAPING. Any of the following or combination thereof: material, such as, but not limited to, grass, ground covers, shrubs, vines, hedges or trees; and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving

   MAINTENANCE. Clipping, trimming, fertilizing, spraying or treating for disease or injury and similar acts to promote health, growth or beauty to trees and shrubs.

   MODIFICATION. Any material change from a presently established or existing requirement, regulation or condition.

   OUTDOOR STORAGE. The keeping, in an unroofed area any goods, junk, waste or garbage material, merchandise or vehicles, in the same place for more than 24 hours.

   PERMIT. Documents issued pursuant to city ordinances authorizing a use or construction work to commence.

   PLANTING. Putting or setting into the ground in preparation for growth and development of landscape material.

   RIGHT-OF-WAY. The width of a strip of land between property lines set aside for public use or ownership as a street, alley, crosswalk, easement or other facility.

   SCREEN/SCREENING. A visual method which shields or obscures one abutting or nearby structure or use from another by fencing, walls, berms or planted vegetation and is arranged in off-set, serpentine or linear configurations.

   SHRUBS. Self-supporting, woody, evergreen and deciduous species, as normally grown in this area, to a height between two feet and usually not exceeding six feet above the parking surface. Using earth berms adds to the overall height, but the plant height at installation is to follow this definition in all arrangements.

   SUBSTANTIAL EXTERIOR REHABILITATION. Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value.

   TREES. Self-supporting woody plants which normally provide one main trunk and produce a distinct and elevated head with many branches.

   VEHICULAR USE AREA (VUA). An area used for the display, parking or unloading of any and all types of vehicles, whether such vehicles are self-propelled or not, and upon which vehicles traverse the property as a function of the primary use. The VEHICULAR USE AREA may be accessory to stores, offices, automotive and industrial uses, and include drive-in facilities typically associated, but not limited to, banks, restaurants and the like.

   VINES. Plants which normally require support to reach mature form.

(Ord. 5868, approved 5-16-2002)

   All areas shall conform to the minimum landscaping requirements hereinafter provided.

   (a)   Installation.

      (1)   All landscaping shall be installed in a sound manner and according to accepted good planting procedures with the quality of plant materials as hereinafter described. All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements.

      (2)   All property other than any required landscaped strip lying between the right-of-way and off-street parking area or other vehicular use area shall be landscaped with grass or other ground cover, or acceptable non-living material commonly used in landscaping.

      (3)   The Bureau of Codes and City Engineer, with the advice of the Shade Tree Commission, where appropriate, shall decide when permanent curbing is necessary to protect landscaped areas from motor vehicles.

   (b)   Existing plant material. In instances where healthy plant material exists on a site prior to its development and is to be maintained, in part or in whole, for the purposes of meeting the requirements of these regulations, the Bureau of Codes, with the advice of the Shade Tree Commission, where appropriate, may adjust the application of the above-mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of this article.

   (c)   Berms and fencing. Earthen berms or opaque fencing may also be substituted for or combined with any of the landscaping requirements. They may be substituted in whole or in part where a natural buffer strip is considered to be impractical or inappropriate. They may be combined with the natural buffer strip as part of an overall landscaping plan.

   (d)   Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and shall be kept free from refuse and debris.

   (e)   Plant material.

      (1)   Quality plant materials and seed used in conformance with provisions of this article shall be clean and reasonably free of weeds and noxious pests or diseases. Plant material and grass seed shall be delivered to the jobsite with appropriate certification.

      (2)   Trees shall be species having an average mature spread of crown of greater than 15 feet and having a single stem trunk which can be maintained in a clean condition over six feet of clear wood. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping same so as to create the equivalent of a 15-foot crown spread.

      (3)   Species known to cause damage to public vehicles, roadways or other public works shall not be planted. A list of such tree species shall be maintained and amended as necessary by the Director of Streets and Parks for the guidance of the public.

      (4)   Shrubs and hedges shall be a minimum of one foot in height when measured at planting. Such shrubs and hedges, where required, shall be installed and continuously maintained at a height as indicated in § 1383.05(a) or (b). Gaps or spaces between plants or fence/walls are acceptable, but the aggregate of gaps or spaces may not exceed more than one-third of the total length for such gaps or spaces.

      (5)   Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screen plantings or walls to meet physical requirements as specified.

      (6)   Ground covers used in lieu of grass in whole or in part shall be planted or placed in such a manner as to present a finish appearance and reasonably complete coverage within 12 months after planting.

      (7)   Grass areas shall be planted in species grown as permanent lawns in this area. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion.

(Ord. 5868, approved 5-16-2002)

   (a)   Required screening when vehicular use areas abut public rights-of-way. On the site of a building or structure or lot providing off-street parking areas or other vehicular use area, there shall be provided landscaping between such area and such right-of-way, as follows: a strip of land at least four feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped. Such landscaping shall include one small or medium tree for each 35 lineal or 45 feet for a large tree or fraction thereof within the four foot strip or within the right-of-way areas reserved for the planting of street trees. Except as required for sight distance, the landscape strips along the public rights-of-way shall be presentations which will be varied through color, shape and texture of landscape material. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment.

   (b)   Required screening between vehicular use areas and abutting residential and institutional uses. All buildings or structures or lots providing and off-street parking area or vehicular use area of five spaces or more, shall be provided with a wall or hedge or other landscape barrier not greater than six feet in height nor less than four feet in height and a minimum width of four feet, to form a continuous screen between the off-street parking area or vehicular use area and any abutting residential use. Such landscape screen shall be located between the common lot line and the off-street parking area or other vehicular use area exposed to the abutting property, except when lack of visibility renders such screening unnecessary. If the screen consists all or in part of plant materials, such plant materials shall be planted in a planting strip of not less than four feet in width. Fence material may be substituted for the above which meets the range of height limits and may consist of up to 50% gaps in the material. Chain link and plastic construction fencing material is not acceptable.

   (c)   Planting requirements. Planting requirements applying to subsections (a) and (b) above shall include:

      (1)   Evergreen and semi-evergreen shrubs planted at a maximum of four-foot center spacing, which shall be maintained at a maximum height of six feet at maturity. A few examples of plants in this category are: Compact Juniper; Yew; Holly; except as provided for in § 1383.04;

      (2)   Broad leaf evergreen shrubs planted at a maximum three-foot center spacing, which shall be maintained at a maximum height of six feet at maturity. A few examples of plants in this category are: Cotoneaster and Rhododendron, except as provided for in § 1383.04;

      (3)   Columnar evergreen trees planted at a maximum three-foot center spacing. A few examples of plants in this category are: Columnar Chinese Juniper, Dark American Arbovitae and Juniper;

      (4)   Pyramidal evergreen trees planted at a maximum ten-foot center spacing. A few examples of plants in this category are: Canadian Hemlock, Serbian Spruce and Pyramidal White Pine; and

      (5)   Small or medium trees shall be planted at a maximum of 35 feet on center. Large trees shall be planted a maximum of 45 feet on center. Shrubs, flowers, flowering shrubs and evergreens shall vary in height.

(Ord. 5868, approved 5-16-2002)

   (a)   Vehicular use areas which provide for 20 or more vehicles shall, in addition to all other requirements, have a minimum of 3% of VUA reserved for landscaping. This landscaping shall be reasonably distributed within the vehicular use area. Landscaped areas shall include suitable ground cover to discourage the growth of weeds. The base of each tree shall be left free of pavement not less than 20 square feet.

   (b)   Trees and other plantings shall receive the following credit toward meeting the required square footage of landscape area cited above:

      (1)   Large trees, for example Red Oak, Zelkova and Green or White Ash: 200 square feet credit;

      (2)   Medium trees, for example Red Maple, White Pine, Honey Locust and American or European Hornbean: 150 square feet credit;

      (3)   Small trees, for example Flowering Dogwood, Kwanzan or Canadian Red Cherry, Serviceberry, Japanese Tree Lilac and Washington Thornless Hawthorne: 100 square feet credit; and

      (4)   Shrubs and flower beds, only that area which is occupied by suitable plantings shall be credited. In the case of shrubs, a 30-square-foot credit for each shall apply, while the credit for flower beds shall be credited on a 1:1 basis.

(Ord. 5868, approved 5-16-2002)

   Principal uses shall be landscaped in the manner listed below.

   (a)   Developments involving multi-family and townhouse uses shall have a minimum of 10% of the total site reserved for the planting of trees and shrubs which shall be reasonably distributed throughout the area and shall include suitable shrubbery in a planting bed in the front and the sides of the building(s). These requirements are in addition to any requirements for off-street parking and loading areas, and outside storage areas.

   (b)   All industrial uses shall have a minimum area equivalent of 10% of the gross ground floor area of all buildings located on the site reserved for and/or covered by approved plantings. This requirement is in addition to buffer, street tree and vehicular use area or landscaping requirements. Outdoor storage areas shall be enclosed by a dense evergreen planting, wall or fence which shall be in harmony with the buildings and surroundings. Such landscaping shall be in addition to the 10% of gross ground floor area.

   (c)   All commercial and institutional uses shall have a minimum area of 10% of all the areas not covered by buildings and vehicular use areas reserved for and/or covered by approved plantings. This requirement is in addition to buffer, street tree and vehicular use area landscaping requirements. In addition, outdoor storage areas shall be enclosed by a dense evergreen planting, wall or fence which shall be in harmony with the buildings and surroundings. Such landscaping is in addition to the 10% requirement indicated earlier in this section.

(Ord. 5868, approved 5-16-2002)

   (a)   No fence, wall, hedge, shrub or other planting shall be maintained between two and one-half feet above curb level and ten feet above curb level within the triangular area formed by the street or alley property line and a line connecting them at points 12 feet from the intersection of the property lines, or in the case of a rounded property corner, from the intersection of the property lines extended. The same sight line limitations shall apply on any lot within ten feet from the intersection of a street property line and an alley property line.

   (b)   On any lot where a private drive enters a street, no obstruction between the 30 inches above curb level and ten feet above curb level shall be located within the triangular area formed by the street property line, the private drive line and a line connecting them at points ten feet from their intersection.

(Ord. 5868, approved 5-16-2002)

   (a)   Prior to the issuance of any permit which is included under the provisions of this article, a plot plan to a scale of one inch equals 50-foot minimum, or size as approved by the Bureau of Codes and City Engineer, shall be submitted for review by the Bureau of Codes and City Engineer, and, at their discretion, the Shade Tree Commission.

   (b)   Each site plan submitted for approval shall provide for:

      (1)   The preservation of desirable existing trees and shrubs;

      (2)   The preservation, insofar as possible, of natural rock outcroppings and natural topographic features;

      (3)   Adequate planting density;

      (4)   A variety of plant species to provide interest throughout the year with color and texture of foliage, bark, flowers and fruit that are displayed at various seasons;

      (5)   Proper selection and diversification of plant species to minimize the possibility of damage due to insects and disease;

      (6)   Plant species which are suitable for use in Williamsport soil conditions (see list available from Bureau of Codes and Shade Tree Commission); and

      (7)   Proper planting information at the time of installation to ensure a successful planting. Such information shall include:

         (A)   Location, size, species (both common and scientific names shall be given), quantity and variety of existing trees over three inches in caliper. Trees of suitable species that are in good condition shall be retained on the site whenever possible;

         (B)   Location, size, species (both common and scientific names shall be given), quantity and variety of trees and shrubs to be planted;

         (C)   Foundation planting in an enlarged scale of 1:20 or larger if necessary to clearly illustrate plant locations or spacing;

         (D)   All adjacent uses, structures, walkways, driveways, parking areas and garbage receptacles; also, fences or buffers with dimensions and including front and rear elevations; and

         (E)   Lot area in acreage or square feet.

(Ord. 5868, approved 5-16-2002)

   (a)   Procedure. A certificate of occupancy shall not be issued until such time as all the landscaping requirements are actually installed unless a performance guarantee of 110% of the cost has been deposited with the city. The amount of the guarantee shall be based upon an estimate of cost of completion of the required landscaping submitted by the applicant and as approved by the Director of Streets and Parks or his or her designee. Such guarantee shall be in a form acceptable to the City Solicitor. The depositor shall agree in making the deposit, that if performance is not completed within six months from the date of the certificate of occupancy issuance, the city may complete the requirements and charge the cost against the deposit; otherwise, the deposit shall be returned in full after the satisfactory completion of the work. Extensions requested in writing may be considered by the Bureau of Codes and City Engineer. If a certificate of occupancy is not required, then the performance guarantee noted above applies with work to be completed within the next growing season.

   (b)   Enforcement remedies and penalties.

      (1)   Any person, partnership or corporation who or which has violated the provisions of this article upon being found liable therefor in a civil enforcement proceeding commenced by the Bureau of Codes and City Engineer pays a judgement of not more than $500, plus all court costs, including reasonable attorney fees incurred by the city as a result thereof. No judgement shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgement, the city may enforce the judgement pursuant to the applicable rules of civil procedure. Each day that a violation continues that shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the article to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.

      (2)   The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgement pending a final adjudication of the violation and judgement.

(Ord. 5868, approved 5-16-2002)

   If any sentence, phrase, clause or other part of this article shall be declared unconstitutional or enforceable or invalid, it shall not be construed to affect the remainder of the article and the remainder of this article shall be enforceable.

(Ord. 5868, approved 5-16-2002)

   Modifications to the landscape requirements must be requested in writing and with design drawings.

   (a)   The requested modification(s) shall be approved only if it is determined that the modification(s) would not be contrary to the public interest and that it would be in keeping with and would preserve the intent of this article, and that literal enforcement of the standards would be impractical or unreasonable. A committee comprised of the Codes Administrator, the Director of Streets and Parks, the City Engineer shall review, modify, approve or deny all such requests with the advice of the Shade Tree Commission and a member of the Planning Commission (where appropriate).

   (b)   Hardship standards shall include physical impossibility caused by irregularity, narrowness or shallowness of lot size or slope; exceptional topographical circumstances; or other conditions where applicant has not created such conditions. Hardship may also accrue if environmental factors mitigated against a literal interpretation of the standards of this article.

(Ord. 5868, approved 5-16-2002; Ord. 6136, approved 4-30-2009)