A.
The procedures set forth in this article shall be followed for all
subdivision and/or land development plans. All submissions made pursuant
to this chapter shall be mailed or delivered to the Borough Municipal
Building unless this chapter directs that a submission be made to
another entity or location. Copies of all Borough forms may be obtained
at the Borough Municipal Building during normal business hours.
B.
The Borough Planning Commission, Borough Engineer, Borough Staff,
various Borough officials, and Cumberland County Planning Commission
are advisory to the Borough Council.
C.
The sketch plan review specified in § 480-8 is voluntary. Applicants are urged, but not required to discuss possible development sites and plans with the Borough Staff Review Committee and Planning Commission, while the proposal is at an early stage.
D.
The preliminary plan application specified in § 480-9 is mandatory for (1) residential land development involving more than four units whether initially or cumulatively from November 3, 1966, and (2) subdivision involving new streets, alleys, public or joint use sanitary sewer facilities, public or joint use water supply facilities, stormwater detention/retention basins. In general, the purpose of the preliminary plan is to review design and construction plans. Approval of the preliminary plan authorizes the preparation of final plans as stated in § 480-9, and the construction of public/private improvements.
E.
The final plan application specified in § 480-10 is mandatory for all subdivision and/or land development plans. In general, the purpose of the procedure is to review detailed design and construction plans, and receive assurance of public improvements. Approval of the final plan authorizes the recording of the plan, the construction of public/private improvements, and the selling of the land.
F.
preliminary and final plans shall be prepared by an engineer, surveyor,
and/or a landscape architect registered in the Commonwealth of Pennsylvania
to perform such duties. Metes and bounds descriptions shall be prepared
by surveyors, and designs which entail engineering expertise shall
be prepared by professional engineers.
A.
As part of the subdivision and land development process, it is strongly
encouraged that the applicant schedules a pre-application conference
with the Borough Manager, Borough Zoning Officer, Borough Public Works
Director, Cumberland County Planning Commission, and/or the Borough
Engineer prior to submission of any preliminary and/or final subdivision
and/or land development plan. The purpose of the pre-application conference
is to:
B.
The following shall apply to the pre-application conference:
(1)
The pre-application conference shall be scheduled prior to the initial
plan submission, and shall be held at the monthly Lemoyne Borough
staff meeting. The applicant shall notify the Borough a minimum of
14 days prior to the staff meeting during which a pre-application
conference is requested.
(2)
The applicant shall be charged reasonable fees in accordance with Article VII for engineering-related services.
(3)
The applicant is advised that the quantity and quality of comments
that can be provided by the Borough staff at the pre-application conference
is directly tied to the quantity and quality of information provided
by the applicant. As such, the applicant is encouraged to bring any
and all available mapping, preliminary layout drawings, research into
lot limitations due to factors such as environmentally sensitive areas,
easements, right-of-way areas, and historically significant features,
preliminary planning for stormwater management, traffic controls,
and water and sewer service, and any other pertinent information.
(4)
Due to the informal nature of the pre-application conference, neither
the applicant nor the Borough shall be bound by any determination
of the pre-application conference. Comments provided by Borough staff
at the pre-application conference are not the result of a thorough
plan review and therefore shall not be considered to be formal or
comprehensive.
A.
Prior to the preparation and filing of the preliminary plan, applicants
are strongly encouraged to submit to the Planning Commission the following
plans and data, and may ascertain from the Planning Commission those
elements which should be considered in the design of the subdivision
or land development. These shall include any features of the comprehensive
plan or of any other plans of the Planning Commission, including but
not limited to proposed streets, recreation areas, drainage reservations,
shopping centers and school sites. Submission of a sketch plan shall
not constitute formal filing of the plan with the Borough. The applicant
is advised that the quantity and quality of comments that can be provided
by the Borough staff upon receipt of a sketch plan is directly tied
to the quantity and quality of information provided by the applicant.
As such, the applicant is encouraged to provide as much detail and
information in the sketch plan as is possible.
B.
The sketch plan shall be submitted by the first business day of the
month prior to the month in which the plan will be reviewed by the
Borough Planning Commission.
C.
Sketch plans may contain the following information:
(1)
General information. The individual shall provide a narrative describing
the proposed subdivision or land development that shall address the
following items:
(a)
Purpose and scope of the subdivision or land development.
(b)
Existing land use patterns and conditions of the subject tract
area and other contiguous parcels.
(c)
Major features of the proposed subdivision and/or land development.
(d)
Provisions for water supply and sewage disposal.
(e)
Historical sites, areas of steep slopes, wetlands, or other
environmentally sensitive features.
(2)
Location map. Provide a map (minimum scale one inch equals 2,000
feet) showing the proposed subdivision or land development's location
with respect to the existing community facilities, local street systems
and municipal boundaries.
(3)
Sketch plan. Provide a drawing of the proposed land development with
the following features:
(a)
Name and address of developer and/or owner, name of municipality,
proposed name of the development, North arrow and date.
(b)
Scale. The sketch plan must be drawn to scale. However, approximate
dimensions will be accepted. The plan may be a simple sketch drawn
on a topographic map.
(c)
Tract boundaries.
(d)
Number of acres in tract, average lot size, approximate number
of lots, anticipated type of development.
(e)
Existing and proposed streets, highways, railroads, rights-of-way,
sewers, water mains, fire hydrants and storm sewers.
(f)
Proposed general lot layout.
(g)
All public facilities such as schools and parks.
(h)
Existing natural features such as wooded areas, streams, wetlands,
floodplains and others as addressed in the comprehensive plan.
(i)
Topography, showing contours at vertical intervals of 10 feet.
(j)
Any other pertinent information available to the applicant at
the time of sketch plan preparation.
A.
Application and review procedure.
(1)
Preliminary plans shall be submitted to the Borough by close of business on the first business day of the month prior to the month in which the plan will be reviewed. Any subdivision or land development plan may be submitted as a preliminary/final plan at the time of initial application, at the applicant's discretion, provided that the applicable requirements of both §§ 480-9 and 480-10 of this chapter are satisfied. The applicant is advised that submission of a preliminary/final plan may waive certain rights that would be conveyed by the approval of a preliminary plan under the Pennsylvania Municipalities Planning Code, § 509.[1] Application requirements.
[1]
Editor's Note: See 53 P.S. § 10509.
(2)
A preliminary plan application shall include the following:
(a)
A minimum of seven full-sized 22 inches by 34 inches copies
of the preliminary plan, seven half size 11 inches by 17 inches copies
of the preliminary plan. Additional copies of the preliminary plan
and reports may be required by the Borough.
(b)
One copy of the properly completed subdivision or land development
plan application form.
(c)
Two copies of the properly completed modification request form(s),
if modifications or waivers are requested. Separate modification request
forms must be submitted for each section of the chapter of which a
waiver or modification is requested.
(e)
The plans shall also be submitted electronically in a form specified
by the Borough (PowerPoint, CAD, GIS, etc.).
(3)
Proper completion. Failure to submit all required information may
result in a delay of consideration of the plan.
(4)
Distribution.
(a)
A designated Borough representative shall distribute the preliminary
plan to the Borough Zoning Officer, Borough Manager, Borough Public
Works Director, Borough Planning Commission, Borough Council,, and,
if deemed necessary, other officials.
(b)
The applicant is responsible for providing the Borough Engineer,
by the first business day of the month prior to the month in which
the plan will be reviewed by the Borough Planning Commission, with
one paper copy of the plan and all required supporting data. Documentation
shall be provided to the Borough which proves that the Engineer has
received the plans.
(c)
The applicant is responsible for providing the Cumberland County
Planning Commission (CCPC), by the first business day of the month
prior to the month in which the plan will be reviewed by the Borough
Planning Commission, with one paper copy of the plan, one copy of
the traffic impact study and all required supporting data. All fees
required by the CCPC shall be paid at this time. Documentation shall
be provided to the Borough which proves that the CCPC has received
the plans.
(d)
It shall be the responsibility of the applicant to distribute
plans to outside review and regulatory agencies for required approvals
(e.g., adjacent municipalities, PennDOT, Cumberland County Conservation
District, PA DEP, etc.).
(5)
Action by Borough. The Borough will review and comment concerning
the conformance of the submitted plan with Borough ordinances governing
design standards, improvements and construction requirements; and
conformance with Borough requirements for installation of individual
approved sewage facilities and other applicable regulatory requirements.
Where a proposed subdivision or land development is located in more
than one municipality, the Borough Council may defer action on the
plan until approval from the adjacent municipality is granted. All
costs incurred through the conducting of any engineering reviews and
tests shall be the responsibility of the developer.
(6)
Staff meeting. On the third Tuesday of the month, a staff meeting
shall be held, unless another agreed upon date is required due to
a holiday and/or conflict. Attendance at the staff meeting is mandatory
by a representative of the plan. During the staff meeting, draft comments
from the Borough Zoning Officer, Borough Manager, Borough Public Works
Director, Borough Engineer, and a representative of the Cumberland
County Planning Commission will be presented and discussed with the
applicant. Comments presented at the staff meeting are informal in
nature and do not represent a formal, or complete review. Following
the staff meeting, formal comments will be issued by the Borough Engineer
and County Planning Commission.
(7)
Revision. The applicant is encouraged to make revisions to the plan
prior to consideration by the Borough Planning Commission. Any such
revisions must be completed, and copies of the revised plan must be
submitted by 12:00 p.m. on the Tuesday immediately preceding the Planning
Commission meeting at which the applicant desires to be considered.
The applicant shall distribute revised plans as follows:
(a)
One copy of the revised plan shall be provided to the office
of the Borough Engineer. Revised plan must be in hard copy format.
Electronic copies may be accepted.
(b)
Five full size copy 22 inches by 34 inches and seven half size
11 inches by 17 inches copies of the revised plan shall be provided
to the Lemoyne Borough Office. Revised plans must be in hard copy
format. An electronic copy, in a form specified by the Borough shall
be submitted.
(c)
Failure to distribute the plan in the manner prescribed above,
or to distribute the plan after the deadline described above shall
result in the plan being removed from the Planning Commission's agenda
for the subject month, and placed instead on the Planning Commission's
agenda for the following month.
(d)
Should the applicant wish to delay consideration of the plan
by the Planning Commission to allow for the completion of revisions,
the Lemoyne Borough Zoning Officer must be notified by 12:00 p.m.
on the Tuesday immediately preceding the Planning Commission meeting.
(e)
Should the applicant wish to proceed to the Borough Planning
Commission meeting without making revisions in response to comments
received at the staff meeting, no resubmission of plans is necessary.
It should be noted, however, that failure to address staff comments
may be grounds for a negative recommendation by the Planning Commission,
or the plan being tabled until such comments are addressed.
(8)
Action by Borough Planning Commission. The Planning Commission shall
review and recommend approval to the Borough Council.
(9)
Action by Borough Council. The Borough Council shall approve or disapprove
and shall give notice to the developer in accordance with the Pennsylvania
Municipalities Planning Code.
(a)
Approval of the preliminary plan by the Borough Council constitutes
conditional approval of the development as to the character and intensity
of development, the layout, and the approximate dimensions of streets,
lots and other planned features. This approval binds the development
to the scheme shown on the preliminary plan.
(b)
Approval of the preliminary plan shall not constitute approval
of the final plan, nor does it authorize recording of the preliminary
plan to proceed with the construction of proposed improvements or
the sale of any lots. However, such approval does authorize the developer
to proceed with the preparation of the final plan.
(10)
Preliminary plan specifications.
(a)
The preliminary plan shall be submitted with an application
for consideration of a subdivision and land development plan.
[1]
The preliminary plan shall be drawn at a scale of 10, 20, 30,
40, or 50 feet to one inch. Sheet size shall be 22 inches by 34 inches.
The preliminary plan shall show the following information:
[2]
Proposed land development name or identifying title.
[3]
The municipality or municipalities in which the land development
is located. If the project is located in the vicinity of a municipal
boundary, the location of said boundary shall be shown on the plan.
[4]
North point, scale and date.
[5]
Name and address of the owner of the property or authorized
agent.
[6]
Name, seal, and signature of the registered engineer and registered
surveyor responsible for the plan.
[8]
Maximum building height, number of lots, proposed density and
lot sizes (net and gross).
[9]
Signature blocks for approval by the Borough Council.
[10]
Signature blocks for review by the Planning Commission,
Borough Engineer, and director of the Cumberland County Planning Department.
[11]
Length and width of new streets proposed.
[12]
Type and locations of water supply and sewage
disposal facilities proposed (i.e., on-lot or public). For on-lot
systems, the location of percolation tests and secondary replacement
area must be shown.
[13]
Proposed use of land, existing zoning classification
for the property and all surrounding properties and proof of any variances
or special exceptions which may have been granted.
[14]
A location map for the purpose of locating the
site in relation to the surrounding neighborhood and community. The
location map should be at a scale of not less than 2,000 feet to one
inch.
[15]
Tract boundaries clearly showing bearings and
distances. Lot line descriptions shall read in a clockwise direction.
[16]
Source of title of all existing lots.
[17]
Cumberland County Uniform Parcel Identification
(UPI) number for all lots.
[18]
Proposed contours at one-foot or two-foot vertical
intervals or as authorized by the Borough Engineer.
[19]
Datum to which contour elevations refer. Where
possible the United States Coastal and Geodetic Survey datum shall
be used.
[20]
The names of owners of immediately adjacent land;
the names of proposed or existing land developments immediately adjacent,
and the locations and dimensions of any easements shown thereon which
abut the land to be developed.
[21]
Soil types as indicated by the Soil Survey of
Cumberland County, latest edition.
[22]
All existing watercourses, tree masses and other
significant natural features, such as rock outcrops, springs, seeps,
steep slopes, wetlands and floodplains.
[23]
All existing buildings, sewers, water mains, culverts,
petroleum lines, telephone and electrical lines, gas lines, fire hydrants
and other man-made features, including size, type, location and ownership.
[24]
All existing streets on, adjacent to, or within
200 feet of any part of the tract, including name, route number, right-of-way
width, and cartway width.
[25]
All existing property lines, easements and rights-of-way
and the purpose for which the easements or rights-of-way have been
established, with accurate dimensions, bearings or deflection angles
and radii, arcs and central angles of all curves. Transmission line
easements for gas, electric and petroleum lines shall be specifically
noted as such. Special conditions required by these easements shall
be noted on the plan.
[26]
Location of all proposed buildings, including
residential dwellings, and other significant proposed man-made features.
[27]
Location, dimensions and purpose of all proposed
streets, alleys, sidewalks, rights-of-way and easements; proposed
lot lines with dimensions; driveway access points on all lots where
proposed; proposed minimum building setback line and dimensions for
each street; playgrounds, public buildings, public areas and parcels
of land proposed to be dedicated or reserved for public use.
[28]
The location of existing lot line markers along
the perimeter of the entire existing tract, and proposed markers and
monuments.
[29]
Design of all proposed sanitary sewer, water,
storm sewer, and stormwater management facilities, including accurate
plan and profile data, including all on-lot facilities proposed to
provide stormwater management for residential dwelling units.
[30]
Where the preliminary plan covers only a part
of the developer's entire holding, a sketch shall be required of the
prospective street and lot layout for the remainder.
[31]
The location and configuration of proposed parking
facilities and access drives.
[32]
A notarized statement to the effect that the applicant
is the owner of the land proposed to be developed and that the land
development shown on the preliminary plan is made with the applicant's
free consent.
[33]
Recreation and open space areas.
[34]
Plans should include separate drawings to show
building elevations, floor plans, exterior lighting and signing.
[35]
Location and sight distances of driveway access
points for land development plans, including driveways serving residential
dwelling units.
[36]
When phasing of the development is proposed, plans
shall illustrate a phasing plan that includes all plan elements required
by this chapter.
[37]
Where the plan proposes the creation of any new
streets, the application shall be accompanied by a listing of proposed
street names, which shall be reviewed by appropriate officials of
Lemoyne Borough and the United States Postal Service to determine
that the same are not identical or deceptively similar to any existing
street name.
[38]
A statement on the plan indicating any zoning
amendment, Special Exception or Variance, if applicable.
[39]
A statement on the plan indicating any existing
or proposed modifications granted by the Borough.
[40]
Size, dimensions, and material of all proposed
features.
(11)
The preliminary plan shall include thereon or be accompanied
by:
(a)
Feasibility study on sewer and water facilities for the tract in accordance with § 480-12. For land developments, a revised planning module for land development along with recommendations from the regional office of the Pennsylvania Department of Environmental Protection.
(b)
Any and all applicable reports in accordance with § 480-12 for subdivisions and land developments, as applicable, unless waived by the Borough Council.
(c)
Profiles, typical cross sections and specifications for proposed
street improvements. Profiles shall be drawn at a horizontal scale
of one inch equals 50 feet and at a vertical scale of one inch equals
10 feet or one inch equals five feet.
(d)
Profiles and other explanatory data concerning the installation
of sanitary and storm sewage systems and water distribution systems.
Profiles shall be drawn at a horizontal scale of one inch equals 50
feet and at a vertical scale of one inch equals 10 feet or one inch
equals five feet.
(e)
Preliminary engineering designs of any new bridges or culverts
proposed in the tract.
(f)
A drawing of all existing and proposed grades and facilities
for stormwater drainage and supporting calculations.
(g)
Design of all landscaping complying with the requirements of
this chapter and the Lemoyne Borough Zoning Ordinance.
(h)
Erosion and sedimentation control plans and post construction
stormwater management plans, as required by the Cumberland County
Conservation District and Pennsylvania DEP.
(i)
Photometric plans for all proposed exterior lighting.
(j)
Wetland delineation report and jurisdictional determination
from the United States Army Corps of Engineers.
(k)
Wetland mitigation plans.
(l)
Soil percolation tests shall be performed for all developments
where structures at the time of construction will not be connected
to any active public sewage disposal systems. Tests will be made in
accordance with the procedure required by the Pennsylvania Department
of Environmental Protection. The Borough Sewage Enforcement Officer
and/or a representative of the Pennsylvania Department of Environmental
Protection shall certify that a location is available for the on-lot
sewage disposal system for each lot. All lots relying on on-lot sewage
disposal systems shall test and designate an alternate absorption
area, perpetually protected from disturbance by a permanent easement.
Alternate absorption areas shall not be permitted in common areas
of the proposed development.
(m)
Approval of fire hydrant layout by the authorized fire service.
(n)
Approval by the authorized service providers.
(12)
Notifications.
(a)
Where the tract described in the application includes any public
utility, electric transmission line, gas pipeline, or petroleum product
transmission line located within the tract, the applicant or lessee
of such right-of-way shall notify the owner of the right-of-way of
his intentions. A note stating any conditions regarding the use of
the land, minimum building setback, or right-of-way lines shall be
included on the plan. This requirement may also be satisfied by submitting
a copy of the recorded agreement.
(b)
Where the land included in the subject application has an agricultural,
woodland, or other natural resource easement located within the tract,
the application shall be accompanied by a letter from the party holding
the easement stating any conditions on the use of the land. This requirement
may also be satisfied by submitting a copy of the recorded easement.
(c)
Where applicable, the plan shall include a note indicating the
absence of streams, wetlands, rock outcrops, soil subsidence, floodplains,
contaminated soils, steep slopes, or other environmentally sensitive
areas, and the method used to determine their absence.
(d)
In the case of a plan which requires access to the highway under
the jurisdiction of PennDOT, the following statement shall be included:
(e)
"A highway occupancy permit is required pursuant to § 420
of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the 'State
Highway Law.'"
A.
Application and review procedures.
(1)
A final plan application is required for all subdivision and land
development plans.
(2)
The final plan shall be consistent with the preliminary plan. The
final plan may include sections of an approved preliminary plan, provided
each section independently conforms to the ordinance, regulations
and other standards of the Borough, and includes a reasonable portion
of the preliminary plan.
(3)
Final plan shall be submitted to the Borough by the close of business
on the first business day of the month prior to the month in which
the plan will be reviewed by the Borough Planning Commission.
(4)
Any subdivision or land development plan may be submitted as a preliminary/final plan at the time of initial application, at the applicant's discretion, provided that the applicable requirements of both §§ 480-9 and 480-10 of this chapter are satisfied. The applicant is advised that submission of a preliminary/final plan may waive certain rights that would be conveyed by the approval of a preliminary plan under the Pennsylvania Municipalities Planning Code, § 508.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(5)
A final plan application shall include the following:
(a)
A minimum of seven full sized 22 inches by 34 inches copies
of the final plan, and seven half size 11 inches by 17 inches copies
of the final plan. Additional copies of the final plan and reports
may be required by the Borough.
(b)
The plans shall also be submitted electronically in a form specified
by the Borough (PowerPoint, CAD, GIS, etc.).
(c)
One copy of the properly completed subdivision or land development
plan application form.
(d)
Two copies of the properly completed modification request form(s),
if modifications or waivers are requested. Separate modification request
forms must be submitted for each section of the chapter of which a
waiver or modification is requested.
(6)
Proper completion. Failure to submit all required information may
result in a delay of consideration of the plan.
(7)
Distribution.
(a)
A designated Borough representative shall distribute the final
plan to the Borough Zoning Officer, Borough Manager, Borough Public
Works Director, Borough Planning Commission, Borough Council, and,
if deemed necessary, other officials. It shall be the responsibility
of the developer to distribute plans to outside review and regulatory
agencies for required approvals (e.g., adjacent municipalities, PennDOT,
Cumberland County Conservation District, PA DEP, etc.).
(b)
The applicant is responsible for providing the Borough Engineer,
by the first business day of the month prior to the month in which
the plan will be reviewed by the Borough Planning Commission, with
one paper copy of the plan and all required supporting data. Documentation
shall be provided to the Borough which proves that the Engineer has
received the plans.
(c)
The applicant is responsible for providing the Cumberland County
Planning Commission (CCPC), by the first business day of the month
prior to the month in which the plan will be reviewed by the Borough
Planning Commission, with one paper copy of the plan, one copy of
the traffic impact study and all required supporting data. All fees
required by the CCPC shall be paid at this time. Documentation shall
be provided to the Borough which proves that the CCPC has received
the plans.
(8)
Guarantee. Prior to final plan approval, the Borough Council shall be assured by means of a financial guarantee, as provided in Article V of this chapter, that all improvements required by this chapter will be installed by the developer in strict accordance with the Council's approval and within a specified time after approval of the final plan.
(9)
Earthmoving activities. All earthmoving activities within the Borough
shall be conducted in such a way to prevent accelerated erosion and
the resulting sedimentation.
(11)
Any plan which will require access to a highway under the jurisdiction
of the Pennsylvania Department of Transportation shall not be finally
approved unless the highway occupancy permit has been acquired pursuant
to § 420 of the Act of June 1, 1945 (P.L. 1242, No. 428),
known as the "State Highway Law."
(12)
The Borough Council shall determine whether final plans shall
be approved or disapproved and shall give notice to the developer
in accordance with the Pennsylvania Municipalities Planning Code.
(13)
The Borough Council in its final approval of a plan may condition
such approval on the developer entering into a development agreement
with the Borough detailing the plan elements, specifications and improvements
agreed upon. Such agreement shall be prepared by the Borough, at the
developer's expense, and shall be duly executed and acknowledged by
the developer and the Borough and shall be binding upon the developer
and upon the developer's heirs or successors and assigns. The failure
or refusal of the developer to sign the development agreement within
10 calendar days of its presentation for signature shall result in
a deemed denial of the plan.
(14)
Upon approval of the final plan, the Borough shall record such
plat in the Office of the Recorder of Deeds of Cumberland County,
in accordance with the Pennsylvania Municipalities Planning Code.
Lemoyne Borough shall not sign plans or authorize them for recording
until such time as all review fees and any other fees incurred prior
to the request for plan recording are paid in full. An electronic
copy of the final approved plan, in a form specified by the Borough,
shall be furnished to the Borough, Borough Engineer, and County Planning
Department.
B.
Final plan specifications.
(1)
The final plan shall be submitted with an application for consideration
of a subdivision and land development plan.
(2)
The final plan shall be drawn at a scale of 10, 20, 30, 40, or 50 feet to one inch. Sheet size shall be 22 inches by 34 inches. The final plan shall show all of the information required for preliminary plans in accordance with § 480-9 of this chapter, and the following:
(a)
Certification of title showing that the applicant is the owner
of the land.
(b)
Name, seal, and signature of the registered engineer and registered
surveyor responsible for the plan.
(c)
A complete street layout on a single sheet shall be provided.
(d)
Primary control points, approved by the Borough Engineer, or
description and "ties" to such control points, to which all dimensions,
angles, bearings and similar data on the plan shall be referred.
(e)
Sufficient data to determine readily the location, bearing and
length of every street, lot and boundary line and to reproduce such
lines upon the ground. Such data to be tied into monuments as required.
(f)
All dimensions and angles or bearings of the lines of each lot,
easement, right-of-way, and area proposed to be dedicated to public
use and the purpose for such areas.
(g)
All dimensions shall be shown in feet and hundredths of a foot.
(h)
The location and materials for permanent reference monuments
shall be shown on the plan.
(i)
Statement of owner dedicating streets, rights-of-way, and any
sites for public use which are to be dedicated.
(j)
The final grading plan shall include finish floor elevations
for proposed structures and spot elevations as needed to clarify proposed
grades, slopes, and drainage paths.
(l)
Plans must be prepared in permanent black opaque ink on clean,
opaque white paper.
(m)
Plans must contain original signatures signed in permanent black
opaque ink.
(n)
Plans shall be legible in all details.
(o)
When phasing of the development is proposed, plans shall illustrate
a phasing plan that includes all plan elements required by this chapter.
(p)
Location of percolation tests, probes and wells. Wells must
maintain the minimum separation distances, as required by DEP, from
both the primary and alternate absorption areas.
(q)
Plans must include the Pennsylvania One Call System, Inc. contact
number as the contact prior to any excavation activities.
(3)
The plan shall be accompanied by the following data:
(4)
Notifications.
(a)
All notifications required under the preliminary plan specifications
shall be included on the final plans.
(b)
A statement must be included on the plan to indicate any modifications
granted by the Borough Council and the date of said action.
(c)
Notification from DEP that approval of the sewer facility plan
revision module for land development or supplement has been granted
or notice from DEP that such approval is not required.
(d)
Notification from the appropriate state and federal agencies
that permits have been issued or are not required for any proposed
activities within streams, wetlands, or any other state or federally
regulated body of water. These permits include, but are not limited
to, floodplain encroachment permits, dam permits, earth disturbance
permits, stream encroachment permits and general permits.
(e)
When the final plan is submitted in phases, the above notifications
for all applicable activities on the entire site shown on the approved
preliminary plan shall be provided upon submittal of the first final
phase of the project.
A subdivision or land development plan may be reviewed and acted
upon as a final plan without the necessity of a prior preliminary
plan approval if it contains no more than four lots or prospective
dwelling units, and proposes no public improvements.
B.
Hydrogeologic/water facilities study:
(1)
A hydrogeologic/water facilities study, describing the availability
and/or adaptability of water facilities in or near a proposed subdivision
or land development, shall be prepared and submitted to the Borough
for any proposed subdivision and/or land development project for which
a water utility cannot provide a letter of intent to provide water
service with existing mains, or as directed by the Borough Engineer.
(2)
The hydrogeologic/water facilities study shall be prepared by a registered
professional engineer or hydrogeologist experienced in the field and
procedures involved. The report shall be submitted in conjunction
with preliminary and final plans for review by the Borough Engineer.
(3)
The hydrogeologic/water facilities study shall be prepared as a written
report and shall include the following basic data in textual and tabular
form:
(a)
A project narrative describing the overall project.
(b)
A narrative describing the development site and a buffer area
of one-fourth-mile surrounding the site.
(c)
The study shall consist of an examination of the possible use
of on-site water supply systems and the impact of such systems on
groundwater supply, extension of an existing water supply system or
the construction of a central community system.
(d)
The study shall include a complete geologic profile and plan
and a discussion of the effect of the proposed development and construction
activity on the groundwater supply.
(e)
The study shall also include a statement and justifiable analysis
by the registered professional engineer or licensed geologist as to
the sufficiency of the subsurface aquifers to support on-lot water
systems for the proposed development, verified by well testing and
other appropriate means, as well as analyzing the impact on existing
sources.
(f)
The study shall describe the distance from the nearest public
water supply system and the capacity of the system to accommodate
the proposed subdivision or land development.
(g)
Where a central community water system is proposed, the report
shall provide evidence that the system will have an adequate supply
of potable water for domestic or other proposed use and that each
unit or building will have adequate supply for the purpose of fire
protection.
C.
Hydrogeologic/sewer facilities study:
(1)
A hydrogeologic/sewer facilities study describing the availability
and/or adaptability of sewer facilities in or near a proposed subdivision
or land development shall be prepared and submitted to the Borough
for all subdivision and/or land development projects not to be served
by existing sewer mains, or as directed by the Borough Engineer.
(2)
The hydrogeologic/sewer facilities study shall be prepared by a registered
professional engineer or licensed geologist experienced in the field
and procedures involved. The report shall be submitted in conjunction
with preliminary and final plans for review by the Borough Engineer.
(3)
The hydrogeologic/sewer facilities study shall be prepared as a written
report and shall include the following basic data in textual and tabular
form:
(a)
A project narrative describing the overall project and the proposed
method of sewage disposal for each lot.
(b)
A narrative describing and focusing on the development site
and an area of one-fourth-mile buffer surrounding the site.
(c)
The study shall describe the distance from the nearest public
sewer system and the capacity of the system to accommodate the proposed
subdivision or land development. The feasibility of utilizing said
systems for sewage disposal shall be included where on-site sewage
facilities are proposed.
(d)
Soil test results, certified as accurate by the Borough Sewage
Enforcement Officer, to assess the ability of the soil to absorb waste
from any proposed subsurface sewage disposal facilities. Primary and
alternate absorption areas must be identified and tested.
(e)
Calculations and a narrative describing how the proposed on-site
sewage facilities will adequately and properly dispose of the anticipated
quantities of waste. Standards for installation of on-site sewage
disposal systems shall be as required by DEP at the time of construction.
D.
Stormwater. A stormwater management report shall be submitted in
accordance with the requirements of the Lemoyne Borough Stormwater
Management Ordinance.
E.
Plan for control of erosion and sedimentation.
(1)
The applicant shall submit a plan in duplicate concerning the control
of erosion and sedimentation on or nearby a proposed development.
Said plan to be prepared by a person trained and experienced in erosion
and sedimentation control methods and techniques and be submitted
in conjunction with the preliminary plan and/or final plan for review
and recommendations by the local office of the Pennsylvania Department
of Environmental Protection and/or Cumberland County Conservation
District.
(2)
The plan shall be designed to prevent accelerated erosion and sedimentation
and shall consider all factors which may contribute to erosion and
sedimentation in connection with the land development.
(3)
The plan shall also contain any additional information as required
by Chapter 102 of Title 25 of the Pennsylvania Code.
F.
Steep slope. A steep slope report for all applications involving
construction on lands that possess slopes 15% or greater. The steep
slope report shall include the following:
(1)
A topographic map of the site which highlights those areas that possess
slopes from 15% to 24.99%, labeled as "moderately steep slopes," and
those areas that possess slopes of 25% or greater, labeled as "severely
steep slopes." Also reflected on this map shall be all existing and
proposed site alterations and improvements (e.g., buildings, streets,
access drives, driveways, parking compounds, utilities, etc.) that
are located within the steep slope area.
(2)
In those instances where construction and/or modifications is proposed
to the existing topography and vegetative cover within areas of 15%
or greater slope, the applicant shall provide a detailed description
of the methods that are being used to:
(a)
Protect and stabilize areas that have a high potential for soil
erosion.
(b)
Accommodate stormwater runoff.
(c)
Assure structural safety and minimize harm to the environment
associated with construction on steep slopes.
(d)
Protect and preserve on-site and off-site valuable natural wildlife,
plant habitats and water quality.
(e)
Protection of steep slopes on adjoining properties.
(f)
Assure adequate foundations for buildings and/or structures.
(3)
In those instances where construction and/or modifications to the
existing topography and vegetative cover in areas of 25% or greater
slopes, the applicant shall provide a soils engineering report. A
soils engineering report shall be prepared by a registered professional
engineer or licensed geologist with expertise in soil, geology and
construction. The report shall include:
G.
Traffic impact study.
(1)
Purpose. The purpose of the Traffic Impact Study is to provide the
Borough Planning Commission and the Borough Council with an opportunity
to:
(a)
Identify the existing traffic network and facilities relative
to the project.
(b)
Identify the existing traffic and transportation problems.
(c)
Ensure safe accessibility to the site.
(d)
Determine the effects of the development on the existing transportation
facilities.
(e)
Delineate solutions to future traffic and transportation problems
or facilities, including the prescription of improvements to be provided
by or at the expense of the applicant/developer.
(2)
Requirement. A Traffic Impact Study shall be submitted with the preliminary
plan for subdivisions and land developments which meet any of the
following criteria:
(a)
Residential. Involving five or more dwelling units.
(b)
Nonresidential. Involving greater than 10 parking spaces, whether
separately or cumulatively.
(c)
A new driveway or roadway connection involving either § 480-12G(2)(a) or (b) above.
(d)
Other. At the discretion of the Lemoyne Borough Planning Commission
and/or The Lemoyne Borough Council.
(3)
Qualifications. The study shall be prepared by a qualified consultant
(transportation engineer or transportation planner). The study preparer
shall have sufficient documented prior traffic study experience to
qualify him or her to perform the study and render any opinions and
recommendations set forth therein. The cost to prepare the study will
be borne entirely by the applicant/developer. The Traffic Impact Study
shall be certified by statement and signature as correct by the preparer.
(4)
Pre-study meeting. A pre-study meeting shall be held between the
applicant/developer, Borough Zoning Officer, Borough Public Works
Director, and the Borough Engineer to determine the following:
(a)
Study limits.
(b)
Scope of the study, including other formally submitted developments
within the study limits.
(c)
For developments to be completed over a period of more than
one year, a growth rate per year and the horizon year of the study
(normally 10 years beyond completion of the project).
(d)
Project completion date.
(5)
Contents. The study shall contain information, analyses, and conclusions
regarding the following:
(a)
General site description. The site description shall include:
[1]
The property size, location and proposed land uses.
[2]
The construction phasing and completion rate of the proposed
land development.
[3]
The types of dwelling units and number of bedrooms, if the development
is residential; or the number of employees, shift schedule, and type
of development, if the development is nonresidential.
[4]
A brief description of other major existing and proposed land
developments within the study area.
[5]
The probable socioeconomic characteristics of potential site
uses to the extent that they may affect transportation needs of the
site (e.g., number of senior citizens, number of school-aged children,
etc.).
(b)
Transportation facilities description.
[1]
Proposed transportation system. This description shall include:
[a]
Proposed vehicular, bicycle, and pedestrian circulation.
[b]
All proposed ingress and egress locations.
[c]
All existing or proposed internal roadways including
the widths of paved cartways and rights-of-way, parking conditions,
traffic channelization, and any other traffic signals or other intersection
control devices, within or near the site of the subdivision or land
development.
(c)
External transportation system. This description shall include:
[1]
The entire external roadway system within the study area of
the proposed subdivision or land development.
[2]
The identification and location of major intersections in the
study area.
[3]
All existing and proposed public and private transportation
services and facilities within a one-mile radius of the site.
[4]
All future highway improvements, including proposed construction
and traffic signalization. This information shall be obtained from
the Pennsylvania Department of Transportation and the Borough.
[5]
Any proposed roadway improvements resulting from the proposed
surrounding developments.
(d)
Existing traffic conditions. This description shall include:
[1]
Existing traffic conditions for all roadways and intersections
in the study area.
[2]
Existing traffic volumes for average daily traffic, peak highway
hour(s) traffic, the peak development generated hour(s) traffic, and
the source of these counts.
[3]
Documentation of manual traffic counts at major intersections,
encompassing the peak highway and development generated hour(s).
[4]
A volume capacity analysis based upon existing volumes. The
analysis shall be performed during the peak highway hour(s) and the
peak development generated hour(s) for all roadways and major intersections
in the study area. Levels of service shall be determined for each
location. This analysis will determine the current traffic demand.
The analysis shall be conducted utilizing the most recent edition
of the Highway Capacity Manual (Special Report 209) software or a
similar method.
[5]
An inventory of accidents in the existing road network shall
be conducted for both intersections and mid-block locations of all
roadways within the study area.
[6]
Listing of improvements already programmed for either funding
or implementation in the study area on PennDOT's Twelve Year Transportation
Program, the Borough's program, etc.
(e)
Transportation impact. This description shall include:
[1]
An estimation of vehicular trips during the average daily peak
highway hour(s) and peak development generated hour(s) resulting from
the proposal using trip generation rates for new developments obtained
from the Trip Generation Rate Tables found in the latest edition of
the Institute of Transportation Engineers Trip Generation Manual.
These development generated traffic volumes shall be provided for
the in-bound and out-bound traffic movements as estimated.
[2]
The assignment and distribution of all volumes generated throughout
the study area that identifies the percentage split of turning movements
established by existing developments in the surrounding area as designated
by the Borough.
[3]
Consideration of traffic generated from approved subdivision
and land developments not constructed, but within the study area.
The cumulative impact of new and existing uses shall be determined.
[4]
For developments with a completion time greater than one year,
a growth rate calculation for background traffic is required for the
specified horizon year for the study (normally 10 years beyond completion
of the project).
[5]
For areas that have a history of five or more reported crashes
over a twelve-month period, of types correctable by a traffic control
signal, and where each crash involved personal injury or property
damage, an accident rate analysis shall be conducted to compare the
rate of accidents for a roadway relative to the statewide average
for corridors of similar type. The analysis shall be expressed in
the number of accidents per million vehicles or million vehicle miles.
[6]
The analysis of future transportation impact shall include a
comparison of "no-build" and "build" scenarios for the specified horizon
year for the study (normally 10 years beyond completion of the project).
[7]
For proposed commercial developments, "pass-by" trips shall
be calculated utilizing the Institute of Transportation Engineers
Trip Generation Manual.
[8]
Documentation of all assumptions used in the distribution and
assignment phase shall be provided. Traffic volumes shall be assigned
to individual access points.
[9]
Pedestrian volumes shall also be calculated, if applicable.
If school crossings are to be used, pedestrian volumes shall be assigned
to each crossing. Any characteristics of the site that will cause
particular trip generation problems shall be noted.
[10]
Levels of service for all roadways and intersections.
(f)
Conclusions and recommended improvements. The description shall
include:
[1]
Recommendations for elimination of the problems causing a level
of service below D for signalized intersections and below E for unsignalized
intersections. The recommended improvements shall include, but not
be limited to, the following elements; internal circulation design,
site access location and design, external roadway and intersection
design and improvements, including the addition of turn lanes, traffic
signal installation and operation, including signal timing, and transit
design improvements. All physical roadway improvements shall be shown
on the preliminary plan.
[2]
The recommended improvement with build-out of the development
shall operate at a level of service no worse than future conditions
without the development conditions (mitigate).
[3]
Where applicable, demand management and traffic reduction programs
shall be considered.
[4]
The Lemoyne Borough Council must approve the recommendations
of the Traffic Impact Study prior to preliminary plan approval.
[5]
The study shall state when a study intersection will fail.
(g)
Modified study. Whenever a study is required in accordance with the requirements of § 480-12G(2), or if the Borough Council elects to waive some of the above requirements, a study scope shall be approved by the Board. The scope and contents of the study shall be delineated so as to include only those matters it deems appropriate to aid in the identification and solution to the problems envisioned.
H.
Park and recreation.
(1)
A park and recreation report for residential developments of 25 or
more units. This report shall be prepared by a registered landscape
architect (RLA), with the following minimum considerations:
(a)
A description of the total projected number of residents in
their respective age groups.
(b)
A description of those existing public recreation facilities
located within a one-half-mile radius of the site.
(c)
A description of the adequacy of existing recreation facilities
to serve the proposed residents, taking into consideration current
usage.
(d)
A discussion of potential for any recreation facilities to be
provided by the developer to accommodate new residents and/or compensate
for any anticipated deficiencies of the Borough's recreational facilities.
(e)
A description of any recreation facilities to be provided by
the developer.
(f)
A discussion on the relationship of the proposed subdivision
or land development to other parks and recreation facilities located
within the Borough.
(g)
A description of responsibility for maintenance of any recreational
facilities to be provided by the developer.
(h)
A description of accessibility of the proposed facilities to
general Borough residents.
(i)
Source of standards used in the data presented.
(2)
The park and recreation report will be transmitted to the Borough
Planning Commission for review.
I.
Environmental impact assessment report.
(1)
In order to provide the Borough Council with an opportunity to more
effectively evaluate subdivision and/or land development proposals,
the applicant shall be required to disclose the environmental consequences
or effects of such proposals through the submission of an Environmental
Impact Assessment (EIA) report form.
(2)
An EIA report shall be submitted with the preliminary plan for subdivisions
and land developments which meet the following criteria:
(a)
Residential. Involving five or more dwelling units.
(b)
Nonresidential. Involving 20,000 or more square feet of impervious
surface.
(c)
Whenever the Planning Commission or Borough Council shall find
that there are reasonable grounds to believe that an adverse environmental
impact is likely to result from the proposed subdivision or land development.
(d)
Sites containing significant archeological resources.
(e)
Sites containing threatened, endangered, or special concern
species as designated by the Pennsylvania Natural Diversity Index
(PNDI).
(f)
Sites containing wetlands as delineated by a qualified professional
or the National Wetland Inventory Maps.
(3)
The report shall be prepared by a qualified consultant who shall
be mutually agreed upon by the developer and the Borough Council.
The report preparers shall have sufficient, documented prior environmental
study experience to qualify them to perform the report and render
any opinions and recommendations set forth therein. The cost to prepare
the report will be borne entirely by the developer. The EIA report
shall be certified, by statement and signature, as correct by the
preparer.
(4)
Contents. The environmental impact assessment shall contain information
on the following:
(a)
Steep slopes. Delineation on the plans of all areas with slopes
15% or greater and any proposed site alterations and improvements
that are located within this area shall be provided.
(b)
Wetlands. The plans shall show all wetlands as delineated by
a qualified professional or the National Wetland Inventory maps. The
Borough may require a jurisdictional delineation of these wetlands
by the United States Army Corps of Engineers. Any proposed encroachment
into wetlands shall include a copy of all applicable state and federal
permits. No action by the Borough shall be relied upon in lieu of
a permit issued by the appropriate agency.
(c)
Woodlands. All wooded areas shall be clearly shown on the plans.
All proposed alterations to the woodlands shall be shown and the area
(measured in acres) of the alteration shall be shown in the site data.
(d)
Archeological sites. The developer shall contact the Pennsylvania
Historical and Museum Commission to identify any areas of suspected
archeological significance. All areas shall be shown on the plans
and a copy of all correspondence shall be provided to the Borough.
J.
Historical features.
(1)
An historic features narrative shall be required for all applications
involving structures or lands that are listed on the National Register
of Historic Places; have received a determination of eligibility from
the National Register from the National Park Service; are identified
by the Pennsylvania Historical Museum Commission (PHMC); sites identified
in the Comprehensive Plan as having historical significance; or as
identified by resolution of the Borough Council, identifying historical
significance.
(2)
The development shall be designed to preserve, adaptively reuse,
or otherwise provide for the historic features. Modifications and
exterior alterations to historic features or sites, or new construction
adjacent to historic features, shall be consistent with the Secretary
of the Interior's Standards for Rehabilitation of Historic Properties,
as published by the National Park Service.
(3)
Subdivisions and land developments shall also be designed so that
new structures do not block historic views, or obstruct the view of
historic properties, and new construction shall be consistent with
the Secretary of the Interior's Guidelines. If, because of size, construction
material or type of use, a proposed land development or subdivision
would jeopardize the historic value of a site or structure, the Borough
Council may require that such new construction be screened or otherwise
visually buffered. The Borough Council may also require that mitigation
measures recommended by the PHMC be incorporated into the proposed
development to preserve the value of the historic site or structure.
K.
Important natural habitats. All applications for lands that possess
an important natural habitat, as defined herein shall plot the location
or report the presence of the natural resources. Important natural
habitat is defined as follows:
(1)
Wetlands, as defined by criteria of the United States Army Corps
of Engineers;
(2)
Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant
plant and animal species and communities that are listed as "Pennsylvania
Threatened" or "Pennsylvania Endangered"; or
(3)
PNDI confirmed extant plant and animal species and communities that
have a state rank of S1 or S2, which are defined as follows:
(a)
Critically imperiled. Critically imperiled in the state because
of extreme rarity or because of some factor(s) making it especially
vulnerable to extirpation (local extinction) from the state; typically,
five or fewer occurrences or very few remaining individuals or acres.
(b)
Imperiled. Imperiled in the state because of rarity or because
of some factor(s) making it very vulnerable to extirpation from the
state; typically, six to 20 occurrences or fewer remaining individuals
or acres.
