A. 
The purpose of this article is to establish and define the public improvements that will be required by the municipality to be constructed or caused to be constructed by the applicant.
B. 
All improvements shall be constructed in accordance with the specifications of the municipality.
The improvements included in this article are minimum requirements; however the governing body reserves the right, in any case, to increase the same if conditions so warrant.
When changes from the accepted drawings and specifications become necessary during construction, written acceptance by the municipality, upon the advice of the Planning Commission engineer, shall be secured before the execution of such changes. As-built drawings shall be provided.
Adequate provisions for the satisfactory maintenance of all improvements shall be made by dedication to, and acceptance for maintenance by, the governing body.
A. 
Streets shall be surfaced to the grades and dimensions drawn on the plans, profiles and cross sections submitted by the subdivider and approved by the Borough. Before paving the street surface, the subdivider must install the required utilities and provide, where necessary, adequate stormwater drainage for the streets, as acceptable to the Borough.
B. 
The construction of streets and driveways, as shown upon final plans and as contained in contract agreements, shall in every respect conform to such requirements as the municipality may by resolution require, and as follows:
(1) 
Public streets.
(a) 
Minor street. Except where otherwise specified, there shall be a six-inch subbase in accordance with § 350 of the Pennsylvania Department of Transportation Publication No. 408 of 1994, as amended. There shall also be a bituminous base course (BCBC) of four-inch ID-2 in accordance with § 305 of the Pennsylvania Department of Transportation Publication No. 408 of 1994, as amended, and a bituminous wearing course of one-and-one-half-inch ID-2 in accordance with § 420 of the Pennsylvania Department of Transportation Publication No. 408 of 1994, as amended.
(b) 
Collector street. Except where otherwise specified, there shall be an eight-inch subbase in accordance with § 350 of the Pennsylvania Department of Transportation Publication No. 408 of 1994, as amended. There shall also be a bituminous base course (BCBC) of five-inch ID-2 in accordance with § 305 of the Pennsylvania Department of Transportation Publication No. 408 of 1994, as amended, and a bituminous wearing course of one-and-one-half-inch ID-2 in accordance with § 420 of the Pennsylvania Department of Transportation Publication No. 408 of 1994, as amended.
(c) 
Arterial streets. For the construction of arterial roads or highways, the subdivider shall consult with and be governed by the Pennsylvania Department of Transportation for the method of construction to be used. The Borough shall decide if a collector or arterial street is required as a direct result of the construction of this subdivision in which case the subdivider is responsible for paving the additional width required.
(d) 
Alternative for minor streets: stone roadway specifications. The subgrade of all streets shall be rolled and prepared in accordance with PennDOT specifications as contained in the applicable sections of the 1994 edition of Publication 408, or the most recent edition of Publication 408, including any subsequent revisions and/or amendments thereto. The following conditions shall also apply to the subgrade:
[1] 
The area within the limits of the proposed road surface shall be shaped to conform to the line, grade, and cross section of the proposed road.
[2] 
All unsuitable subgrade material shall be removed or stabilized.
[3] 
Wet areas, excluding wetlands, shall be permanently drained and stabilized. Details shall be furnished on the method of drainage and shall be approved by the Planning Commission engineer.
[4] 
Areas requiring fill shall be made with suitable materials and thoroughly compacted for full width in uniform layers not more than six inches thick per layer.
[5] 
The subgrade shall be thoroughly compacted by rolling with a minimum ten-ton roller and/or a sheeps foot roller in layers not greater than six inches.
[6] 
Backfill or trenches within the cartway and curb area shall be thoroughly compacted prior to the application of the base course.
[7] 
All stone used to replace unsuitable subgrade materials shall be subject to prior approval by the Planning Commission engineer.
A. 
The municipality shall erect, at the developer's expense, at every street intersection a street sign or signs meeting municipality approval, having thereon the names of the intersecting streets. At intersections where streets cross, there shall be at least two such street signs and at the intersections where one street ends or joins with another street, there shall be at least one such street sign.
B. 
Street signs are to be erected when the first dwelling on the street is occupied. Temporary street signs may be erected on the approval of the municipality but shall be made permanent before final offer for the dedication of roads is made.
C. 
The developer shall provide regulatory signs (such as stop signs) and traffic signalization as may be recommended in a traffic impact study, by the Planning Commission engineer, and/or required by the governing body.
A. 
Where required by the governing body, the developer shall install or cause to be installed at the developer's expense metal or fiberglass pole street lights serviced by underground conduit in accordance with a plan to be prepared by the developer's engineer and approved by the governing body and by PP&L.
B. 
The requirement of metal or fiberglass poles may be waived in such instances as approved by the governing body due to the existence of wooden poles already in place. Provision shall be made for energizing said lighting with PP&L.
C. 
The developer shall be responsible for all costs involved in lighting the streets until such time that the streets are accepted or condemned as public streets by the municipality.
A. 
Monuments shall be placed in each change in direction of a boundary along the street line: two to be placed at each street intersection and one on each side of any street at angle points and at the beginning and end of curves. Areas to be conveyed for public use shall be fully monumented at their external boundaries.
B. 
Monuments shall be placed in the ground after final grading is completed, at a time specified by the Planning Commission engineer.
C. 
All monuments may be checked for accuracy by the engineer, or their accuracy certified by the owner's registered surveyor. Accuracy of monuments shall be within 3/100 of a foot.
All sidewalks shall be constructed in accordance with § 268-45 of this chapter.
All curbs shall be constructed in accordance with § 268-44 of this chapter.
Prior to any subdivision or land development being approved by the Planning Commission, the developer shall furnish written verification from the Pennsylvania Department of Environmental Protection or the United States of America, Department of the Army, Corps of Engineers, or both, as applicable, that no portion of the proposed subdivision or land development constitutes wetlands as defined by applicable state or federal law. In the event a portion or all of the proposed subdivision or land development involves wetlands, then the developer shall secure the necessary permits from the Pennsylvania Department of Environmental Protection or United States Army Corps of Engineers and present same to the Planning Commission prior to approval by the Planning Commission, and if approved by the Planning Commission, then such approval is subject to any conditions imposed by the state or federal government.
A. 
In all subdivisions and land developments to be served by a central water supply, the developer shall construct water mains in such a manner as to make adequate water service available to each lot or dwelling unit within the subdivision or land development.
B. 
The water supply and pressure must comply with the regulations and the standards of the Pennsylvania Department of Environmental Protection or its successor agency.
C. 
Said supply shall be located or constructed so as to eliminate the possibility of flood damage.
D. 
The system shall also be designed with adequate capacity and appropriately spaced fire hydrants for fire-fighting purposes pursuant to the specifications of the Middle States Department Association of Fire Underwriters. Review and approval by the Engineer and the Moosic Borough Fire Chief shall be required in order to ensure that adequate fire protection is provided. No building permit shall be issued prior to the installation of operable fire hydrants.
A. 
Where no public water is accessible, water shall be furnished by the developer on an individual lot basis.
B. 
If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the well shall be of the drilled type, cased and grout-sealed into the bedrock in accordance with DEP requirements.
C. 
The well shall have a production of not less than six gallons per minute as established by bailor tests and certified by the well driller.
A. 
Wherever practical, sanitary sewers shall be installed and connected to an appropriate public sewer system. Where a sanitary sewer is not yet available at the site but is within 1,000 feet of the development, the developer shall install sewer lines, including lateral connections, as may be necessary to provide adequate service to each lot when connection with the public sewer system is made. The sewer lines shall be suitably capped at the limits of the subdivision and the laterals shall be capped at the right-of-way line. The sewer installation shall include construction within rights-of-way or easements to bring the sewer to the future connection with the public sewer.
(1) 
A sewer shall be considered to be planned for extension to a given area any time after preliminary engineering and related studies have been completed by the municipality and the construction of facilities adequate to serve the area containing the subdivision or land development has been programmed for completion within two years of completion of such engineering plans.
(2) 
When capped sewers are provided, approved on-site disposal facilities shall also be provided.
B. 
All public sanitary sewers shall be designed and constructed in accordance with municipal specifications. Such sewers shall be located or constructed so as to eliminate the possibility of flood damage.
C. 
No public sewer system or treatment plant shall be constructed until plans and specifications have been submitted to the Pennsylvania Department of Environmental Protection or its successor agency and the municipality and approved in accordance with existing laws.
D. 
The governing body may require the developer to provide a capital contribution for any off-site sanitary sewer capital improvement necessary to serve the proposed subdivision or land development.
A. 
If public sewer facilities are not available as specified in § 268-68 hereof, the developer shall provide for sewage disposal on an individual-lot basis.
B. 
On-lot sewage disposal facilities must comply with the provisions of Chapters 71 and 73, Administration of Sewage Facilities Program and Standards for Sewage Disposal Facilities, Pennsylvania Sewage Facilities Act (Act of January 24, 1966), P.L. 1535, No. 537, as amended (35 P.S. § 750.1). Prior to the granting of final approval by the municipality, the proposed facilities shall be deemed satisfactory by the Pennsylvania Department of Environmental Protection or its successor agency.
C. 
The construction of on-lot systems shall be inspected by the Municipal Sewage Enforcement Officer, as follows:
(1) 
Upon completion of the excavation.
(2) 
Upon installation of the major equipment such as septic tanks, distribution boxes and drain tiles before any backfilling.
D. 
Each owner or occupant of a dwelling unit with on-lot facilities shall be provided by the developer with a plan of the system and an instruction manual for the use and proper maintenance of the system.
A. 
All electric, telephone and communication service facilities, both main and service lines, shall be installed in accordance with the prevailing standards and practices of the utility and other companies providing such services.
B. 
Such facilities shall be located or constructed so as to eliminate the possibility of flood damage.
C. 
Where practicable, all utilities shall be located within the street right-of-way; otherwise, easements or rights-of-way of sufficient width for installation and maintenance shall be provided.
Grading shall conform in all respects to the final plan.
A. 
Street trees and other required plantings shall be installed in accordance with §§ 268-37, 268-46 and 268-50.
B. 
Street trees and other required plant material shall not be planted until the finished grading of the subdivision or land development has been completed.
C. 
The developer shall replace, in accordance with landscaping plans, any plantings that die or, in the opinion of an expert, such as a landscape architect retained by the municipality, are in an unhealthy or unsightly condition and/or have lost their natural shape due to dead branches, excessive pruning, inadequate or improper maintenance, or any other causes due to the developer's negligence, prior to an offer of dedication. The developer shall not be held responsible for acts of vandalism occurring after the commencement of the guaranty period.
Additional community facilities, as set forth in § 268-25, may be required to serve the proposed lots or dwellings in a subdivision or land development. Where a proposed park, playground or other public facility shown in the Comprehensive Plan is located in whole or in part in a subdivision or land development, or when additional facilities are made necessary by the development, the dedication or reservation of such areas, or financial contribution for the construction of such facilities, may be required by the municipality in those cases in which it deems such requirements to be reasonable.
A. 
Prior to commencing construction, the developer shall notify the Planning Commission engineer of the proposed construction schedule. Pursuant to notification by the developer, the Planning Commission engineer shall inspect required improvements during the initial construction phase, and on a periodic basis thereafter, as may be required to ensure proper adherence to this chapter. The Planning Commission engineer shall submit reports to the governing body and the developer specifying those items of construction, material and workmanship that do not comply with municipal specifications or the approved final plan.
B. 
The developer, upon notification from the Planning Commission engineer, shall proceed at his own cost to make such corrections as shall be required to comply with the municipal specifications and approved final plans, and shall notify the Planning Commission engineer and governing body upon completion requesting final inspection.
A. 
The Planning Commission engineer shall make a final inspection, with the developer, of all required improvements.
B. 
The Planning Commission engineer shall run the finished center-line profile of the completed streets; submit a report to the governing body indicating the final elevations; and affix to the final profile plan such elevations; provided, however, that as an alternative, the developer may provide as-built drawings sealed by a registered surveyor.
C. 
Sanitary sewers shall be air tested, and pavement cores for new road construction shall be taken in the presence of the Planning Commission engineer.
A. 
The governing body shall notify the developer of acceptance of required improvements if satisfied that the applicant has complied with all specifications and ordinances of the municipality.
B. 
The developer shall furnish the municipality with one Mylar and two paper prints of the completed required improvements, including drainage, profiles and utilities, and pay all costs for the Clerk of the Lackawanna County Court of Common Pleas on the petition and resolution of the governing body to said Court for its approval of the acceptance of the required improvements.
C. 
No streets or other improvements will be accepted by the municipality if such improvements were constructed during the period from November 15 to April 15 of each year. No streets or other improvements will be accepted by the municipality within a period of less than one year from the date of completion.
D. 
No streets or other improvements will be accepted by the Borough of Moosic should said streets contain structures erected within the street rights-of-way. This prohibition shall not apply to curbside mailboxes, appurtenant structures of public utilities and improvements required pursuant to Article VI herein.
Detention basins to be provided in accordance with certain sections of this chapter may be offered for dedication to the municipality, although the municipality need not accept any such offers. Provision for ownership and maintenance of the detention basins shall be made in a manner so as to ensure its effectiveness. No zoning permit for any development which provides for a detention basin shall be issued until there has been an acceptable disposition of the detention basins. This shall be accomplished in one of the following manners:
A. 
The municipality may accept dedication of the detention basin or any interest therein for public use and maintenance, but the municipality need not accept a dedication of the detention basin if offered;
B. 
With permission of the municipality, and with appropriate deed restrictions in favor of the municipality and in language acceptable to the municipality's Solicitor, the developer may transfer the fee simple title in the detention basin or a portion thereof to a private, not-for-profit organization, provided that:
(1) 
The organization is acceptable to the municipality and is a bona fide organization with a perpetual existence;
(2) 
The conveyance contains appropriate provision for proper retransfer or reverter in the event that the organization becomes unable or unwilling to continue to carry out its functions; and
(3) 
A maintenance agreement acceptable to the municipality is entered into by the developer, the organization and the municipality;
C. 
The developer shall provide for and establish an organization for the ownership and maintenance of the detention basin consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the deeds for the detention basin and for all individual lots within the development shall contain the following requirements in language acceptable to the municipality's Solicitor:
(1) 
Such organization shall not dispose of the detention basin by sale or otherwise except to the municipality or other government body unless the municipality has given prior approval. Such transfer shall be made only to another organization that shall maintain the detention basin in accordance with the provisions of this chapter.
(2) 
The organization and all lot owners within the development shall agree to maintain the detention basin. If private ownership fails to do so, the municipality may proceed to maintain a deteriorating detention basin and may assess and lien the properties within the development accordingly.
(3) 
All lot owners shall be required to become members of the organization and pay assessments for the maintenance of the detention basin, which may be increased for inflation and which may provide for professional management.
A. 
The storm sewerage system shall be constructed in accordance with § 268-39 of this chapter and in accordance with Chapter 260, Stormwater Management.
B. 
The municipality shall have the option of requiring that those areas set aside as retention or detention basins be dedicated to the municipality or owned and maintained by another appropriate legal entity.
C. 
The stormwater drainage plan for any subdivision or land development shall meet the Department of Environmental Protection requirements for an erosion and sedimentation control plan, in addition to the requirements of this chapter.
D. 
Storm drainage systems and facilities shall be constructed in accordance with the Design and Construction Standards as set forth in PennDOT Publication 408 and Publication 72. Storm drainage systems and facilities shall be constructed in order to provide for the following:
(1) 
Permit unimpeded flow of natural watercourses except as modified by stormwater detention facilities.
(2) 
Insure adequate drainage of all low points along the line of streets.
(3) 
Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained.
(4) 
Provide positive drainage away from on-site sewage disposal systems, if applicable.
(5) 
Take surface water from the bottom of vertical grades and lead water from springs. Use of cross gutters at street intersections and elsewhere is prohibited.
(6) 
Prevent overloading of drainage systems and watercourses downstream as a result of increased runoff caused by the proposed development.
(7) 
Storm drainage facilities and appurtenances shall be so designed and provided as to minimize erosion in watercourse channels and at all points of discharge.
(8) 
Energy dissipators shall be placed at the outlets of all pipes where flow velocities exceed maximum permitted channel velocities.
(9) 
The minimum size diameter of a drainage pipe shall be 15 inches, unless otherwise approved by the Borough Council, based upon a recommendation by the Borough Engineer. The minimum value for "v" (velocity) in pipes shall be based on engineering judgement and experience. Pressure flow is permitted in storm sewers. The elevation of the hydraulic gradient shall be at least one foot below ground level. Pressure heads up to 25 feet can be used with concrete pipe with rubber gasket joints.
(10) 
Inlets shall be provided so that surface water is not carried across or around any intersection, nor for a distance of more than 600 feet in the gutter. When calculations indicate that curb capacities are exceeded at a point, in accordance with PennDOT standards, no further allowance shall be made for flow beyond that point, and catch basins shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block. Design of inlets must account for any bypass flows from upgrade inlets. Capacity calculations for inlets shall be submitted with the design report.
(11) 
All stormwater drainage facilities shall be designed to handle, at minimum, the peak discharges from a ten-year postdevelopment storm event. The Borough Council shall have the discretion to require that certain drainage facilities be designed for peak discharges which may exceed a ten-year postdevelopment storm event, if so warranted in the recommendation of the Borough Engineer.
(12) 
Storm drainage systems required by this chapter shall be designed to provide protection from a ten- to one-hundred-year storm as determined by the Borough Engineer.
(13) 
Stormwater runoff calculations shall be calculated from methods described in the "Erosion and Sediment Pollution Control Manual," April, 1990 Edition, as prepared by the Pennsylvania Department of Environmental Protection and PennDOT Design Standards, or as approved by the Borough Engineer.
(14) 
Stormwater control system design calculations shall be based on methods described in the "Erosion and Sediment Pollution Control Manual" and PennDOT Design Standards, or as approved by the Borough Engineer.
(15) 
All inlets and manholes shall be either precast or poured-in-place concrete. No block construction will be allowed. Inlets and manholes shall be provided with grade adjustment rings to facilitate raising or lowering as may be required.
(16) 
Storm sewers and related piping shall be fully coated corrugated metal, reinforced concrete, polyethylene, PVC or other material approved by the Pennsylvania Department of Transportation and/or the Borough Engineer. The Borough reserves the right to require specific material or materials upon the recommendation of the Borough Engineer.
(17) 
Inlets shall be designed and/or located to prevent hazardous conditions for vehicles, bicycles, or pedestrians.
E. 
A site drainage plan for the proposed subdivision or land development shall be prepared which illustrates the following information:
(1) 
Mapping of the watershed area or areas in which the proposed subdivision or land development is located.
(2) 
Calculations of runoff for all points of runoff concentration.
(3) 
Complete drainage systems, facilities and easements for the subdivision or land development. All existing drainage features which are to be incorporated in the design shall be so identified. If the subdivision or land development is to be constructed in stages, a general drainage plan for the entire subdivision or land development shall be presented with the first stage and appropriate development stages for the drainage systems shall be indicated.
(4) 
Predevelopment and postdevelopment peak flows.
(5) 
Individual drainage area boundaries shall be provided for all points of discharge for both predevelopment and postdevelopment conditions along with each flow path required for time-of-concentration calculations.
F. 
Calculation of stormwater runoff.
(1) 
Storm drainage facilities required by this chapter shall be designed to provide protection from storms with a frequency of 10 years, in accordance with Subsection D(11) and D(12) of this section. The acceptable methods of computation for calculating stormwater runoff shall be those contained in the following publications:
(a) 
Technical Release 55, Urban Hydrology For Small Watersheds, as published by the Soil Conservation Service of the United States Department of Agriculture.
(b) 
Recommended Hydrologic Procedures For Computing Urban Runoff From Small Watersheds In Pennsylvania, as published by Bureau of Dams and Waterway Management, Pennsylvania Department of Environmental Protection.
(2) 
The applicant shall confer with the Borough Engineer prior to the selection of a specific method for the computation and calculation of stormwater runoff. Complete detailed drainage calculations, prepared and certified by a registered professional engineer, shall be submitted to the Borough Engineer for his review and comment to the Planning Commission.
G. 
All lots or sites within a subdivision or land development shall be laid out and graded to prevent cross-lot drainage away from proposed building area. Natural drainage courses shall be maintained.
H. 
Drainage easements may be incorporated into lots or established separately and apart therefrom. To minimize sheet flow of stormwater across lots located along the lower side of roads or streets, and to divert flow away from building areas, the cross section of the street as constructed shall provide for parallel ditches, swales or curbing on the lower side which shall discharge only at drainage easements.
I. 
The existing points of natural drainage discharge onto adjacent property shall not be altered nor shall the rate of water runoff be increased as a result of development, unless design measures are incorporated to prevent damage and appropriate drainage easement is obtained from the affected adjoining landowner.
J. 
No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems, or create flooding or the need for additional drainage structures on other private properties or public lands, without complete approval of provisions being made by the developer for properly handling such conditions, including water runoff impoundments, if necessary.
K. 
Storm drainage facilities shall be designed not only to handle the anticipated peak discharge from the property being subdivided or developed, but also the runoff that occurs from property at a higher elevation in the same watershed.
L. 
Where a subdivision or land development is traversed by a watercourse, a drainage easement shall be provided conforming substantially to the line of such watercourse of such width as will be adequate to preserve the unimpaired flow of natural drainage. Such drainage easement shall be at least 50 feet away from recognized high-water mark of any watercourse or body of water. In the event that any regulation or ordinance of the Borough, commonwealth or federal agency requires a distance greater than 50 feet, then such regulation shall take precedence.
M. 
Drainage structures that are located on state highway rights-of-way shall be approved by the Pennsylvania Department of Transportation, and a letter from that office indicating such approval shall be directed to the Planning Commission.
N. 
All streets shall be so designed to provide for the discharge of surface water from their right-of-way. The slope of the crown on proposed streets shall be 1/4 inch per foot away from the center line.
O. 
All proposed surface drainage structures shall be indicated on the preliminary plan. Drainage plans shall include all appropriate designs, details, and dimensions necessary to clearly explain proposed construction materials and elevations.
P. 
Whenever storm sewers are required by the Planning Commission, such storm sewer system shall be separate from the sanitary sewer system. Storm sewer facilities shall be provided where the Planning Commission, with the advice of the Borough Engineer, determines that surface drainage facilities are inadequate to prevent excessive erosion and lot or road maintenance problems.
Q. 
Drainage easements shall be provided as follows:
(1) 
Drainage easements shall be provided adjacent to street rights-of-way, streams, side property lines and rear property lines as required by the Planning Commission.
(2) 
Drainage easements shall be a minimum width of:
(a) 
Ten feet adjacent to a street right-of-way plus the width of any required pipe or other necessary improvements;
(b) 
Fifteen feet when following side and rear lot lines. Such easements shall, to the fullest extent possible, either immediately adjoin or be centered on such lot lines; or
(c) 
Fifty feet from any recognized boundary of a one-hundred-year floodplain or a recognized high-water mark of any watercourse or body of water.
R. 
Accommodation of upstream drainage areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Borough Engineer shall give his recommendation as to the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum runoff rate and proposed facility sizing design as calculated by the applicant's Engineer or Surveyor and reviewed by the Borough Engineer. The calculation of this runoff rate shall take into account any land use and development regulations including runoff controls in effect in the tributary areas.
S. 
Effect on downstream drainage areas. No stormwater runoff or natural drainage shall be so diverted as to overload existing drainage systems, or create potential flooding or the need for additional drainage structures on other private properties or public lands, without approved provisions being made by the developer for properly handling such conditions. The Planning Commission may withhold approval of the subdivision until provisions have been made for the improvement of said potential conditions. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.
T. 
Stormwater detention.
(1) 
Areas of extremely poor drainage should be discouraged by the Planning Commission.
(2) 
Stormwater detention facilities shall be utilized whenever the stormwater management plan indicates postdevelopment runoff rates for each point of discharge exceeds the predevelopment runoff rates unless the increase would not cause an overload of downstream drainage system or significant increases in flood levels in any downstream area. This will be determined by comparing the increase in runoff caused by the land development with existing runoff rates and capacity of the downstream drainage systems and watercourses. All required computations will be provided by the developer's engineer and reviewed by the Borough Engineer.
(3) 
Whenever detention facilities are required, facilities will be designed to provide that the peak runoff rate at all points of discharge from the site, when developed, will not exceed the peak runoff rate at each of those points prior to development unless existing or planned detention facilities located elsewhere in the same drainage basin will provide that the peak runoff rate from the drainage basin after the site is developed will not exceed the peak runoff rate prior to development.
(4) 
Where detention facilities are included as part of the storm drainage system, the following provisions will apply:
(a) 
Detention ponds shall be designed so that they return to 95% dry conditions or normal pool elevation within approximately 12 hours after the termination of the storm, unless downstream conditions warrant other design criteria for stormwater release, approved by the Planning Commission.
(b) 
The developer shall demonstrate that such ponds are designed, protected and/or located to assure that public safety is maximized and health problems are prevented. All detention ponds or basins shall be enclosed by a chain link fence with a minimum height of six feet, unless specifically waived by Planning Commission.
(c) 
The developer shall verify that the operation of the detention facilities will not aggravate potential downstream peaking conditions.
(d) 
Emergency overflow facilities shall be provided for detention facilities to handle runoff in excess of design flow.
(e) 
If the lands of the proposed land development will remain in common ownership, the developer shall provide written assurances to the municipality that the detention ponds will be properly maintained.
(f) 
If the lands of the proposed land development will be conveyed to two or more separate owners, the developer shall provide written assurances to the municipality that the detention ponds will be properly maintained, or dedicate the land on which the detention ponds are located to the municipality which shall then be responsible for maintaining the detention pond, if accepted by the Borough for dedication.
(g) 
Required storm detention basins shall be designed to detain at a minimum a twenty-five-year frequency storm to predeveloped rates. Larger design storm detention may be required as recommended by the Borough Engineer when in his opinion greater protection is required for downstream area. In any case, each basin must be provided with an emergency spillway capable of passing an undetained one-hundred-year design storm. The emergency spillway will be constructed in undisturbed ground where at all possible. Lining protection may be required to control erosion. Basin construction requirements shall be as provided in the "Soil Erosion and Sedimentation Control Manual" of the Pennsylvania Department of Environmental Protection for "sedimentation basins." Additional detention basin construction requirements shall be provided as may be requested by the Borough Engineer.
(h) 
The developer's engineer shall provide routing computations of all required storm hydrographs through the detention facility to ensure adequacy of the facility.
(i) 
Adequate provisions for maintenance of all detention facilities shall be incorporated into the plans.
(j) 
Alternate detention or retention facilities may be considered for approval at the discretion of the Borough Planning Commission and Borough Council based on the Borough Engineer's review and approval of appropriate design of such facility by the developer's engineer.