A. Public grounds.
(1) In reviewing subdivision plans, the Planning Commission shall consider whether community facilities, especially schools, in the area are adequate to serve the needs of the additional dwellings proposed by the subdivision and shall make such recommendations thereon as it deems necessary in the public interest.
(2) Subdividers shall give earnest consideration to the desirability of providing or reserving areas for facilities normally required in residential neighborhoods, including churches, libraries, schools and other public buildings; parks, playgrounds and play fields, shopping and local business centers. Areas provided or reserved for such community facilities should be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed. Prior to the preparation of plans, subdividers of large tracts should review with the staff of the Planning Commission the minimum standards for various community facilities applicable to the tract being subdivided.
(3) If portions of the Official Plan of the City contain proposals for drainage right- of-way, streets or street improvements, schools, parks or playgrounds within the proposed subdivision or in its vicinity, or if standards for the allocation of portions of subdivisions for drainage rights-of-way, school sites, streets or street improvements, parks and playground purposes have been adopted, then before approving subdivisions the Planning Commission may further require that such drainage rights- of-way, streets or street improvements, school sites, parks or playgrounds be shown in locations and in dimensions suitable to their intended use. The Planning Commission shall be permitted to reserve the location of and extent of school sites, public parks, and playgrounds shown on the Official Plan for a period of one year after the approval of the final plan or within such further time as agreed to by the applying party. Unless during such one-year period or extension thereof, the City or School District shall have entered into a contract to purchase or have instituted condemnation proceedings according to law for such school site, park or playground, the subdivider shall not be bound by the proposals for such areas shown on the Official Plan. This provision shall apply to the streets, roads or drainage rights-of-way required for final approval of any plan and deemed essential to the public welfare for an indefinite period of time.
(4) In subdivisions or developments which are intended to provide housing for more than 50 families, the Planning Commission shall consider the need for suitable open areas for recreation and shall make a recommendation thereon. Standards to be used by the Planning Commission in requesting the reservation of space for recreation shall be as follows:
(a) The subdivider shall provide at least 1/2 acre of recreational facilities for every 50 families served by the development. The Planning Commission may modify this standard where the type of structures proposed will place an undue burden upon the subdivider or developer.
B. Community assets. Consideration shall be shown for all natural features such as large healthy trees, watercourses, historic areas and structures and similar community assets which, if preserved, will add attractiveness and value to the remainder of the subdivision.
C. Utility easements.
(1) In accordance with two separate orders of the Pennsylvania Public Utility Commission, all new residential developments involving five or more dwelling units are required to install electric and telephone distribution lines underground. The orders are mandatory and include, but are not limited to, single-family, semidetached, townhouse, apartment, and mobile home developments. In compliance with this chapter and with the cooperation of the affected electric and telephone utility companies, the following procedure shall be followed by the Planning Commission when reviewing developments subject to this chapter and the Public Utility Commission orders.
(a) Upon receipt of a preliminary plan or an official sketch plan for review, the Planning Commission shall forward a copy of the notice of review to the appropriate utility companies if the development would fall subject to the Public Utility Commission orders. This would apprise the utility companies of the project status and indicate that a developer would be contacting them in the near future.
(b) After the Commission's review of the plan and within the letter of review, the developer shall be instructed to contact the appropriate utility companies, and secure a letter from each company which indicates that the developer has contacted the company and arrangements have been made to supply electric and telephone service to the area. A copy of this approved plan shall be required prior to City endorsement of any plan for recording. The responsibility for securing this approval and coordinating the plan with the utility company would be the developer's or his representative's.
(2) If easements are used at the rear of lots to provide sewer facilities, a minimum easement of 12 feet from the rear of each adjacent lot shall be provided. This width for a sewer easement shall be added to and made a part of each lot, thereby increasing the lot depth from the minimum as required.
(3) If easements are used at the front or rear of lots to provide for electric or telephone service facilities, a minimum easement width of five feet from the front or rear of each lot shall be provided. Such easements shall be of the width and location determined by the Planning Commission or its representatives after consultation with the City departments or public utility companies concerned. No structures or trees shall be placed within such easements. [Amended 5-29-2001 by Ord. No. 14-2001]
(4) There shall be a minimum distance of 20 feet from the right-of-way line, measured in the shortest distance, between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line which traverses the subdivision.
(5) Utility service for all residential developments is recommended to be provided through the use of underground facilities in accord with the standards and approval of the utility company having appropriate jurisdiction.
(6) All other public and/or private utilities and facilities including gas and electric shall be elevated or floodproofed up to the regulatory flood elevation. [Amended 9-20-1978 by Ord. No. 35-1978]
D. Erosion and sediment controls and guidelines.
(1) Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover shall 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. Before undertaking any excavation or grading, the developer shall obtain a grading and excavation permit from the City Building Inspector. [Amended 9-20-1978 by Ord. No. 35-1978]
(2) Erosion and sediment control measures where required under Title 25, Pennsylvania Code, Chapter 102, Rules and Regulations of the Pennsylvania Department of Environmental Protection, shall meet the standards and specifications of the Berks County Soil and Water Conservation District. [Amended 5-29-2001 by Ord. No. 14-2001]
(3) The following guidelines shall be applied as needed in developing erosion and sediment control measures:
(a) Stripping of vegetation, grading, filling, excavating or other alteration of the landscape shall be done in such a way that will minimize erosion.
(b) Whenever feasible, natural vegetation shall be retained, protected and supplemented.
(c) The disturbed area and the duration of exposure shall be kept to a practical minimum.
(d) Disturbed soils shall be stabilized as quickly as practicable.
(e) Temporary vegetation and/or mulching may be used to protect exposed critical areas during development.
(f) Permanent vegetation and mechanical erosion control and drainage measures shall be installed as soon as practicable in the development.
(g) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff may be mechanically retarded.
(h) Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures.
(i) Grading and cut/fill operations shall be kept to a minimum to ensure conformity with the natural topography, to minimize the erosion hazard and to adequately handle the surface runoff.
(4) The following guidelines shall be applied as needed in excavation and fills as part of erosion and sediment controls:
(a) Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fill.
(b) Cuts and fills shall not endanger adjoining property.
(c) Fill shall be placed and mechanically compacted to minimize sliding or erosion of the soil.
(d) Fills shall not encroach on natural watercourses or constructed channels.
(e) Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.
(f) During grading operations, necessary measures for dust control shall be exercised.
(g) Grading equipment shall not be allowed to cross live streams. Provision shall be made for the installation of culverts or bridges.
(5) The following guidelines shall be applied as needed in establishing easements as part of erosion and sediment controls.
(a) Nothing shall be permitted to be placed, planted, set or put within the area of an easement. The area should be kept as lawn.
(b) Where a subdivision or land development is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage but not less than 20 feet or as may be required or directed by the Department of Environmental Protection. The owner shall properly grade and seed slopes and fence any open ditches when it is deemed necessary by the Planning Commission. [Amended 5-29-2001 by Ord. No. 14-2001]
(c) Where stormwater or surface water will be gathered within the subdivision or land development and discharged or drained in volume over lands within or beyond the boundaries of the subdivision or land development, the applicant or owner shall reserve or obtain easements over all lands affected thereby, which easements shall be adequate for such discharge of drainage and for the repair and reconstruction of same, including the right of passage over and upon the same by vehicles, machinery and other equipment for such purposes, and which shall be of sufficient width for such passage and work. The owner shall convey, free of charge or cost, such easements to the City upon demand.
E. Solid waste management.
(1) To ensure incorporation of adequate provision for solid waste management practices in the design of land developments and subdivisions, the following minimum requirements shall be contained on development plans in accord with §§ 515-402E(7) and 515-403B(9):
(a) The location, size and type of bulk storage containers shall be shown and shall be adequate to contain all wastes generated between collections.
(b) All bulk storage containers shall be located to permit efficient use of collection equipment and to permit maneuverability of such equipment.
(c) All bulk storage containers shall be appropriately screened.
(d) A statement of the method and frequency of bulk refuse collection to be used shall be included on the plan.
(2) Where no bulk storage is proposed and individual households are expected to individually establish appropriate collection service, a statement shall be shown on the plan which advises that solid waste storage and collection is an individual household responsibility.
(3) In subdivisions or land developments located in areas presently served by a City collection or City contract collection system, and for which no bulk storage methods are proposed, a statement indicating the availability of an existing solid waste collection system may be shown on the plan in lieu of information required in Subsection E(1) hereof.