All plans shall show, be accompanied by, and be prepared in accordance, with this article and shall provide sufficient design information to demonstrate conformance with the requirements of Article V, Development Standards.
A. 
Drafting standards.
(1) 
The plan shall be clearly and legibly drawn at a commonly-used scale between 20 feet and 100 feet to the inch.
(2) 
Dimensions shall be in feet and decimals; bearings shall be in degrees, minutes, and seconds. Descriptions of tracts shall read in a clockwise direction.
(3) 
The sheet size shall be 24 inches by 36 inches. If the plan is prepared on two or more drawing sheets, a key map showing the location of the sheets and a match line shall be placed on each of the sheets. If more than one sheet is necessary, each sheet shall be the same size and numbered to show the relationship to the total number of sheets in the plan (e.g., Sheet 1 of 5).
(4) 
Plans shall be presented in a clear, legible, coherent, and organized manner.
(5) 
Plans shall be prepared, signed and sealed by a registered engineer, surveyor or landscape architect.
(6) 
For all plans other than sketch plans, the survey shall not have an error of closure greater than one foot in 10,000 feet.
B. 
Location and identification.
(1) 
The project name or identifying title.
(2) 
The name of the Borough or municipalities in which the project is located, including the location of any municipal boundaries if located within the vicinity of the tract.
(3) 
The name and address of the owner(s) of the subject tract (or an authorized agent), the developer/subdivider, and the firm that prepared the plan.
(4) 
The file or project number assigned by the firm that prepared the plan, the plan date, and the date(s) of all revisions.
(5) 
A North arrow, graphic scale, and a written scale.
(6) 
The total acreage of the entire existing tract.
(7) 
The district and lot size and/or density requirements of Chapter 270, Zoning.
(8) 
A location map, drawn to a scale of a minimum of one inch equals 2,000 feet relating the subdivision or land development to at least two intersections of road centerlines. The approximate distance to the intersection of the centerlines of the nearest improved street intersection shall be identified.
(9) 
If the tract of land is located within 200 feet of a municipal or zoning district boundary line(s), the location of such boundary shall be shown and labeled accordingly.
(10) 
The source of title, deed, book, page, plan book (if applicable), and tax parcel identification number for the subject tract.
(11) 
In the case of a plan for which the subject tract has an environmental covenant, the plan shall include a note indicating the recording information of the environmental covenant executed pursuant to the Pennsylvania Uniform Environmental Covenants Act, Act No. 68 of 2007, 27 Pa.C.S.A. §§ 6501-6517 (UECA).
(12) 
Identification of all prior recorded plans for the subject tract, identifying all notes and/or restrictions on such prior recorded plans affecting the current development together with a verification signed by the design professional that such list is complete and correct.
(13) 
For all plans other than sketch plans, the entire existing tract boundary with bearing and distances.
(14) 
For all plans other than sketch plans, the location and width of all proposed streets and alleys; street names; and approximate grade, rights-of-way and easements; proposed lot lines with approximate dimensions; proposed minimum building setback lines for each street; playgrounds; public buildings; public areas; historic resources; and parcels of land proposed to be dedicated or reserved for the public use.
C. 
Existing features. The requirements of this section shall apply to preliminary plans, final plans, and preliminary/final plans.
(1) 
Existing contours shall be shown at a minimum vertical interval of one foot for land with average natural slope of 3% or less, two feet for land with average natural slope between 3% and 6% and at a minimum vertical interval of five feet for more steeply sloping land. Contour interval may be adjusted based upon horizontal scale with concurrence of the Borough Engineer. Contours shall be accompanied by the location of the bench mark and a notation indicating the datum used. The datum used by the public sewer provider or public water provider shall be used in all plans indicating connection to the public sewer system or public water system. Contours plotted by interpolation of the United States Geodetic Survey 7.5 feet mapping will not be accepted.
(2) 
The names of all adjacent landowners, both adjoining and across existing rights-of-way, along with the plan book record numbers of all previously recorded plans for adjacent properties.
(3) 
The following items when located within 200 feet of the subject tract:
(a) 
The location, name and dimensions of existing rights-of-way and cartways for streets, alleys, access drives, and driveways.
(b) 
As available, the location of the following features and any related right-of-way or easements: buildings, public utilities, on-lot utilities, on-lot water supplies, on-lot sewage disposal systems and related recharge areas, fire hydrants and stormwater management facilities.
(c) 
The location of existing rights-of-way and easements for telecommunications, electric, gas and oil transmission lines, and railroads.
(d) 
As available, the size, capacity and condition of the existing stormwater management system and any other facility that may be used to convey storm flows from the subject tract.
(e) 
The location of woodlands, habitats for endangered and threatened species, and highly erosive soils.
(4) 
The following items when located within the subject tract:
(a) 
The location, name and dimensions of existing rights-of-way and cartways for streets, alleys, access drives, and driveways.
(b) 
The location and size of the following features and related rights-of-way or easements: buildings, public utilities, on-lot utilities, on-lot water supplies, on-lot sewage disposal systems and related recharge areas, fire hydrants and stormwater management facilities.
(c) 
The location of existing rights-of-way for telecommunications, electric, gas and oil transmission lines, and railroads.
(d) 
The size, capacity and condition of the existing stormwater management system and any other facility that may be used to convey storm flows within and from the subject tract.
(e) 
The preliminary plan shall indicate any proposed disturbance, encroachment or alteration to such features including: floodplains, wetlands, quarry sites, woodlands, significant trees, habitats for threatened and endangered species, solid waste disposal areas, superfund contaminations, historic resources, cemetery or burial sites, archeological sites, and areas with highly erosive soils.
(5) 
Significant topographical and man-made features such as bodies of water, quarries, floodplains, tree masses, structures and suspected wetlands (as determined by a wetland survey conducted to identify wetlands as defined by the United States Army Corps of Engineers).
(6) 
In the case of a plan for which the subject tract has an environmental covenant executed pursuant to the Pennsylvania Environmental Covenants Act, Act No. 68 of 2007, 27 Pa.C.S.A. §§ 6501-6517 (UECA), the plan shall include the boundary limits of any contamination remaining on site. The application shall include a copy of the Environmental Covenant Agreement and any required engineering and institutional controls.
D. 
Plan information. The requirements of this section shall apply to all plans except for sketch plans.
(1) 
Block and lot numbers in consecutive order (e.g., Block A, Lots 1 through 10; Block B, Lots 11 through 22).
(2) 
In the case of land developments, the location and configuration of proposed buildings, parking lots, streets, alleys, access drives, driveways, common open space, recreational areas, and all other significant planned facilities.
(3) 
Total number of lots, units of occupancy, density and proposed land use. If a multiple land use is proposed, the location of each land use shall be indicated.
(4) 
Existing and proposed easements and rights-of-way.
(5) 
Building setback lines and building envelopes.
(6) 
Identification of buildings to be demolished.
(7) 
Typical street cross-section for each proposed public or private street and typical cross-section for any existing street that will be improved as part of the application. Each cross-section shall include the entire right-of-way width.
(8) 
The location and design of driveways on corner lots and driveways on other lots as requested by the Council. Such driveways shall demonstrate the existence of reasonable, safe access to the property and shall not be designed so as to unreasonably erode the public street. If access is to be provided by a road maintained by the Commonwealth of Pennsylvania, the applicant shall supply proof that the driveway or street intersection permit has been issued to permit a driveway or street intersection to be completed at the proposed location or certification from a professional engineer that consistent with the regulations of PennDOT a permit can be issued to permit a driveway or street intersection to be completed at the proposed location. (See Appendix No. 3.[1])
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(9) 
A table indicating the existing zoning district, required lot size, required setbacks, required maximum and/or minimum development density and number of lots in the proposed subdivision along with the proposals for each of these parameters.
(10) 
Where the proposed subdivision or land development is located partially or wholly within an area prone to frequent flooding (either by impoundment or conveyance) as indicated by the Flood Insurance Rate Map profiles and supporting data, soil type or local historical record, the developer shall supply the following information:
(a) 
The location and elevation of all proposed roads, fills, utilities, buildings, and stormwater management and erosion control facilities.
(b) 
The ten-year, one-hundred-year and encroachment boundaries as required by the Federal Emergency Management Agency. Neither flood boundaries defined by the limits of alluvial soils nor by the boundaries shown on the Flood Insurance Rate Map shall be accepted without verification. Information shown on the Flood Insurance Rate Map and its accompanying documentation shall be verified using any currently available information to update the data.
(11) 
Clear sight triangles and stopping sight distances as described in § 240-43J of this chapter shall be shown on the plan.
(12) 
For final plans, preliminary/final plans, and lot-line change plans, the following additional information shall also be provided:
(a) 
Location and material of all permanent monuments and lot line markers, including a note that all monuments and lot markers are set or indicating when they will be set.
(b) 
Identification of any lands to be dedicated or reserved for public, semipublic or community use.
(c) 
In the case of a plan which requires access to a highway under the jurisdiction of PennDOT, the inclusion of the following plan note:
"A highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law," before access to a state highway is permitted. Access to the state highway shall be as authorized by a highway occupancy permit and the Borough Council's approval of this plan in no way implies that such a permit can be acquired."
(d) 
The following stormwater management data for all plans designed in accordance with Chapter 226, Stormwater Management. This information may be provided on a sheet with other data or on separate sheets and need not necessarily be recorded with the final plan. In the case of any dispute in the methodology used in the design of any stormwater management plan and/or in the presentation of such information, the Council shall make the final determination on the design criteria, methodology and form of presentation.
[1] 
All calculations, assumptions, criteria and references used in the design of the stormwater management facilities, the establishment of existing facilities capacities and the pre- and post-development peak discharges.
[2] 
All plans and profiles of the proposed stormwater management facilities, including the horizontal and vertical location, size and type of material. This information shall be to a detail required for construction of the facilities.
[3] 
For all basins, a plotting or tabulation of the storage volumes and discharge curves with corresponding water surface elevations and inflow and outflow hydrographs.
[4] 
For all basins which hold two acre-feet or more of water and have an embankment that is six feet or more in height, soil structure and characteristics shall be provided. Plans and data shall be prepared by a registered professional engineer. These submissions shall provide design solutions for the frost-heave potential, spring-swell potential, soil-bearing strength, water infiltration, soil settling characteristics, fill and backfilling procedures and soil treatment techniques as required to protect the improvements for adjacent structures.
[5] 
All erosion and sedimentation control measures, temporary as well as permanent, including the staging of earthmoving activities, in sufficient detail to clearly indicate their function.
[6] 
The guidelines for lot grading within subdivisions. This information shall identify the direction of stormwater runoff flow within each lot and the areas where stormwater flows will be concentrated. This information shall be provided by flow arrows or topographic data. (See Appendix No. 4 for examples.[2]) In areas where the Council believes additional lot grading information is needed to assure proper function of the stormwater management facilities, specific grading information will be required as part of the final plan submittal.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[7] 
Finished first floor elevations for all residential units shall be shown on the plan.
E. 
Additional requirements. Refer to § 240-63 to § 240-67 for additional plan requirements.
A. 
Wetland studies.
(1) 
The applicant shall submit a wetland study with the submittal of all subdivision and land development plans. The purpose of the study shall be to determine the presence and extent of wetlands on the site.
(2) 
The study shall be performed by a qualified wetland scientist who possesses a minimum of a bachelor's degree in biology, botany, zoology, ecology or environmental sciences. In general, other professionals, such as engineers, landscape architects, surveyors, planners, and geologists are not considered fully qualified to perform wetland delineations, unless they possess special ecological training and experience beyond their discipline. The Borough reserves the right, in as much as no recognized certification program exists for wetland scientists, to determine the qualification of those preparing wetland delineations. Should a state or federal wetland scientist certification program be established, the Borough will consider only those certified individuals qualified to perform delineations.
(3) 
For sites which do not contain any wetlands, an abbreviated report may be submitted. The abbreviated report should contain the results and discussion and conclusions information as required by § 240-62A(4)(b)[3].
(4) 
Requirements for wetland studies:
(a) 
Delineation should follow the procedures outlined in the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands, and any subsequent amendments.
(b) 
Delineations shall be supported by reports. The reports shall contain the following sections:
[1] 
Introduction. Description of the physical features of the site, its location and the proposed plans for the site.
[2] 
Methods. Description of the methods used for the survey, with particular emphasis on any deviation from the outlined federal methods. Relevant information includes the date of the field studies, the number of transects and plots used, the size of vegetation quadrants employed, the size of soil pits used, taxonomic references used, and the disposition of any voucher specimens.
[3] 
Results and discussion. Description of the findings of the study. Soils, vegetation, and hydrology for wetlands and upland areas of the site should be discussed. Any problem areas should be thoroughly treated.
[4] 
Conclusions. The extent of wetlands on the site should be discussed. The impact of the proposed project on these wetlands should also be considered.
(c) 
Included in the report as appendices or tables should be:
[1] 
Site location map (USGS 7.5 feet quadrangle will suffice).
[2] 
National Wetlands Inventory Map.
[3] 
A letter from the DEP and/or the U.S. Army Corps of Engineers verifying the wetland boundaries shall also be attached to the preliminary plan. The verified boundaries shall be shown on the preliminary plan map.
[4] 
A letter from the Pennsylvania Natural Diversity Inventory (PNDI) identifying any threatened or endangered species and their habitats on or near the site shall be included. If such species or areas are identified, a statement of proposed measures to protect the species or areas shall be included. This statement shall be supplemented by correspondence from appropriate state or federal agencies regarding the adequacy of the proposed protective measures.
[5] 
The applicant shall verify that all required permits from both the U.S. Army Corps of Engineers and DEP have been obtained. If no permit is required, a statement to this effect from these agencies shall be submitted.
[6] 
Soil survey map with soil descriptions.
[7] 
Data sheets for each plot.
[8] 
Wetland boundary map. Wetland boundaries shall be surveyed by a registered professional surveyor and shown on a plan of appropriate scale. The limits of the wetland study shall be clearly shown. The plan shall also show the location of all plots and/or transects used in the study, the date of delineation, a statement of the method used for the study, the name of the consulting firm which performed the delineation, the name of the surveyor, and a disclaimer statement indicating no wetland boundary is considered jurisdictional until approved the DEP and/or the Army Corps of Engineers.
[9] 
Color photos of wetlands areas on the site, with locations and directions of view keyed to the wetland boundary map.
[10] 
Resumes of the wetland scientist(s) who performed the delineations.
(5) 
Compensatory mitigation projects required as part of a state or federal permit shall be shown on all subdivision and/or land development plans. In order to help ensure the long-term viability of wetland mitigation efforts, the Borough discourages multiple ownership of mitigation areas. Ownership by one individual or a homeowners' association is encouraged. Owners of the wetland mitigation areas must be clearly identified to the Borough.
(6) 
Conservation easements shall be provided around the perimeter of all wetlands, including those existing wetlands on the lot, and those that may be added as part of the compensatory mitigation projects as part of a state or federal permit requirement. A conservation easement agreement shall be completed prior to the recording of a final plan. The agreement shall be in a format and contain such information that is acceptable to Council and the Borough Solicitor. The agreement shall be recorded at the Lancaster County Recorder of Deeds Office to make future lot owners aware of the conservation easement and agreement requirements.
B. 
Traffic impact studies.
(1) 
Legislative intent.
(a) 
Council and the Commission recognize that the development of land within the Borough presents both benefits and challenges. Each development displays unique circumstances. Without proper information, neither the developer nor the Borough may gauge the actual effect of the development upon the surrounding area, including the existing road network, and how the surrounding area and existing road network may affect safe and convenient access to or use of the property to be developed. Information is vital to enable developments to be designed in a manner which will insure adequate, safe and convenient access and prevent adverse consequences to neighboring properties or existing public facilities.
(b) 
Section 503(2)(i) of the MPC expressly authorizes the Borough to include provisions within this chapter to insure that the layout and arrangement of developments shall conform to the Comprehensive Plan and to any regulations or maps adopted to implement the Comprehensive Plan. The MPC, § 503(2)(ii), further authorizes the Borough to include in this chapter provisions for insuring that streets in and bordering a proposed development shall be coordinated and shall be of such widths and grades and in such locations as necessary to accommodate prospective traffic and to facilitate fire protection.
(c) 
It is the legislative intent of the Borough to require developers to prepare a traffic study to determine whether adequate, safe and convenient access is available to the development site, and, if not, what improvements must be made by developers to provide adequate safe and convenient access. It is also the intent of the Borough in requiring the traffic study to insure that the internal traffic system of the development is designed in manner which will not adversely impact or unduly burden the existing transportation network, access to adjoining properties or planned improvements.
(2) 
When required. Applications for all residential developments or subdivisions containing 20 or more dwelling units or residential lots and all nonresidential developments (with the exception of agricultural development) with buildings containing in excess of 1,000 square feet of usable space shall provide studies and reports in accordance with the requirements of this section.
(a) 
Calculation of units. The number of dwelling units, residential lots or square footage of usable nonresidential space shall be computed based upon all phases of a development planned, and the required traffic study and report shall be completed and submitted with the first phase. Failure to submit the required study and report with the first phase of development when subsequent phases are planned shall constitute a violation of this chapter, and the Borough may avail itself of any and all remedies provided by the MPC, including the refusal to issue any permits or approvals necessary for further development of the tract.
(3) 
The traffic study and report shall be required to be submitted with the preliminary plan or preliminary/final plans.
(4) 
Traffic impact study requirements. All plans for subdivisions and/or land developments meeting the criteria set forth above shall require the preparation of a traffic study and report by a professional traffic engineer with the following minimum considerations:
(a) 
Area of traffic impact study. At a minimum, the traffic area shall include all streets and major intersections within the area contained in a one-half mile concentric circle drawn around each entrance to the proposed development and, if a street abutting the proposed development does not contain an intersection with another street within that area, the first intersection with such abutting street. If the proposed development will generate in excess of 1,000 trips per day, the traffic impact area shall include all streets and major intersections contained in a one-mile concentric circle drawn around each entrance to the proposed development. The determination of whether an intersection shall be considered a major intersection shall be made in accordance with accepted engineering practices. In the event of a dispute, the determination of the Borough Engineer shall be final.
(b) 
Traffic volumes.
[1] 
Twenty-four-hour traffic volume data, including weekdays, Saturdays and Sundays, shall be included for all streets which provide direct access to the proposed development and for the arterial streets and collector streets that will serve the proposed development.
[2] 
Peak hour traffic volume data shall be included for any major intersection within the traffic impact area. The peak hours of the street network during the weekday morning, weekday afternoon, and Saturday midday time periods shall be used unless documentation is provided to indicate the traffic characteristics of the proposed use are such that analysis of different peak hours would better measure the impacts of the proposed use. The Borough Engineer shall determine the peak hours to be analyzed based on the proposed use.
(c) 
Existing traffic volumes. Existing traffic volumes shall be included for the time periods and locations specified in § 240-62B(4)(b).
(d) 
Design year predevelopment traffic volumes. Design year predevelopment traffic volumes shall be included for the time periods and locations specified in § 240-62B(4)(b). The design year shall be considered the point in time when the development is completed and shall be determined in accordance with accepted engineering practices. In the event of a dispute as to the design year, the determination of the Borough Engineer shall be final.
(e) 
Trip generation. Estimates of the total number of vehicle trips to be generated by the proposed development for typical twenty-four-hour periods, including weekdays, Saturdays and Sundays and the typical a.m. and p.m. peak periods for weekdays, Saturdays and Sundays. Trip generation rates shall be determined through the use of the current edition of the Trip Generation Report published by the Institute of Transportation Engineers.
(f) 
Trip assignment. Assignments of postdevelopment twenty-four-hour and peak-hour volumes to the arterial streets and collector streets and other streets that will serve the proposed development based upon the projections of increased traffic volumes within the traffic impact area. In making these estimated assignments, consideration shall be given to other developments approved but not yet constructed and to development trends.
(g) 
Design year postdevelopment traffic volumes. Design year postdevelopment traffic volumes shall be included for the time periods and locations specified in § 240-62B(4)(b) in addition to all proposed site access points onto the existing roadway network.
(h) 
Capacity analysis.
[1] 
Existing levels of service and levels of service projected for the design year without the impacts of the proposed development on all abutting streets and all major intersections within the traffic impact area. Level of service shall be computed in accordance with 2010 Highway Capacity Manual, published by the Transportation Research Board, or any subsequent revision of such manual.
[2] 
Capacity and level of service analysis on all abutting streets and all major intersections which will be impacted by the additional volumes generated by the development, including postdevelopment capacity and level of service and degradation of capacity and level of service.
[3] 
Levels of service by lane group and overall intersection shall be summarized in matrix form to compare existing conditions, design year predevelopment conditions, and design year postdevelopment conditions.
(i) 
Mitigation analysis.
[1] 
If the level of service on an abutting street, major intersection, or lane group of any major intersection within the TISA is presently "D" or worse or is projected to be "D" or worse in the design year and the traffic impact study determines that the level of service shall be reduced, or if the level of service is projected to be "F" and the delay increases, then descriptions of the street improvements and traffic control devices then will be required to restore the level of service to that level of service and delay existing prior to the development of the tract. The applicant shall address whether the levels of service may be maintained by revising traffic regulations, reducing the level of intensity of the proposed development or by any other means.
[2] 
If the development itself does not decrease the level of service of abutting streets or intersections, an allocation of the effect of the proposed development. For example, if the effect of the proposed development when combined with other development would require the installation of a traffic control device at a major intersection, the percentage of the traffic increase which would require such an improvement shall be allocated to the proposed development.
[3] 
Description of street improvements and traffic control devices that will be required to:
[a] 
Mitigate traffic congestion which will be caused by the proposed development;
[b] 
Mitigate traffic safety hazards which will be caused by the proposed development; and
[c] 
Avoid problems of traffic congestion and safety.
[4] 
Cost estimates of the street improvements and traffic control devices indicated in Subsection B(4)(i)[3] above shall be provided.
[5] 
Description of existing and planned public transportation services in the Borough and the potential of such public transportation to serve the proposed development.
[6] 
Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed development on the Borough's transportation network.
(j) 
Site access evaluation.
[1] 
The applicant shall demonstrate that the road network included in the TISA providing access to the site can accommodate the volume of traffic reasonably expected to be generated by the proposed use in a safe and convenient manner. The applicant shall identify whether the applicant will make any improvements necessary to the road network to provide for safe and convenient access to the site and/or whether the steps can be taken to provide safe and efficient access, including, but not limited to, reduction of the intensity of the proposed development, changes in speed or traffic limitations.
[2] 
The applicant shall demonstrate that the horizontal and vertical alignments and grades of the existing road network included within the TISA and the proposed streets or accessways to the site permit safe and convenient access to the site. If the TISA concludes that safe and convenient access to the site requires changes in horizontal and vertical alignments and grades of the existing road network, the applicant shall address what steps can be taken to provide safe and efficient access, including, but not limited to, reduction of the intensity of the proposed development, changes in speed or traffic limitations, and/or improvements to the road network.
[3] 
The applicant shall demonstrate that access to neighboring properties shall not be made unsafe or inconvenient or shall propose improvements, acceptable to the affected property owners, to ensure that access to all neighboring properties shall be maintained at a level of convenience and safety which is at least equal to that without the proposed use or development.
[4] 
The applicant shall demonstrate that the proposed use will not create unusual traffic patterns or movements which will jeopardize the traveling public.
[a] 
Stacking and/or turn lanes of sufficient length shall be provided on the site or shall be added to existing streets providing access to the site to ensure that there shall be no blockage of through traffic. The design and length of the stacking lanes shall be justified and supported by computer optimization analyses which determine queue capacities and minimum storage lengths at existing intersections abutting the proposed development and at new intersections within the development.
[b] 
Accessways to and within the site shall be located in a manner that blockage of through traffic by vehicles attempting to enter or exit an accessway will not occur.
[c] 
The applicant shall demonstrate that the proposed streets or accessways to the site are designed and located in a manner that will provide the least detrimental impact with regard to traffic capacity, level of service and safety upon abutting roads. The applicant shall install all traffic control devices necessary to mitigate detrimental impact.
[d] 
The applicant shall demonstrate that access to neighboring properties shall not be made unsafe or inconvenient or shall propose improvements, acceptable to the affected property owners, to ensure that access to all neighboring properties shall be maintained at a level of convenience and safety which is at least equal to that without the proposed use or development.
(k) 
Design standards. Any improvements which are proposed to be constructed by the applicant in order to mitigate traffic impacts as part of the traffic impact study shall comply with the design standards in Article V of this Chapter.
(l) 
The source of the standards used and the data presented.
(5) 
Contribution in lieu of preparation of studies. If an applicant believes that the preparation of traffic study and report required herein is not warranted, he may request the Council to waive the preparation of such study and report and shall make an estimated contribution of the sum necessary to defray the costs of improvements which would be recommended by such studies. At the time of adoption of this chapter, the estimated contribution shall be $350 per dwelling unit or residential lot in a residential subdivision or land development or $1.50 per square foot of usable building floor area in a commercial, industrial or institutional subdivision or land development. The Council may revise the estimated contribution by resolution.
(a) 
The applicant for approval of any commercial, industrial or institutional subdivision or land development shall provide the Borough with a certification of the usable building floor area to be constructed for the purpose of determining the contribution in lieu of preparation of studies.
(b) 
The contribution in lieu of preparation of studies provided for herein shall be in addition to all other review, inspection and other fees or charges imposed by the Borough and all sums otherwise agreed to be paid by the applicant.
(c) 
The applicant shall enter into an agreement with the Borough setting forth the contribution in lieu of preparation of studies to be paid and the studies to be waived by the Borough. All such agreements shall be in a form satisfactory to the Borough Solicitor. The agreement may be included with the land development agreement. Signature of acceptance of proposed conditions by the applicant shall also be acceptable.
(d) 
All contributions in lieu of preparations of studies fees shall be paid prior to recording of the final plan.
(6) 
Projects requiring PennDOT highway occupancy permits (HOP). If a project proposes an access along a state-owned highway and PennDOT requires a traffic impact study as part the HOP approval process, the Borough Engineer may allow modifications to the requirements in § 240-62B(4) in order to allow a single report to meet the requirements of PennDOT and the Borough. If an applicant does not agree with the determination of the Borough Engineer, a formal waiver may be requested from the Council.
C. 
Hydrogeologic report. When there is a reasonable probability that a project will affect or be affected by carbonate geologic hazards, the Council shall require submission of a hydrogeologic report. In reaching a determination of whether a project will affect or be affected by carbonate geologic hazards, the Council shall consider the presence or absence of carbonate features in the vicinity of the project, the testimony of qualified expert witnesses, and such other reasonable information as may be available. All hydrogeologic reports shall be prepared at the applicant's expense by a licensed geologist qualified in such matters. Each hydrogeologic report shall contain:
(1) 
A map showing all sinkholes, depressions, lineaments, faults, outcrops, springs, drainage entering the ground, water table, soil mottling and ghost lakes, and all features that may relate to the quality and availability of groundwater within 200 feet in all directions from the subject tract.
(2) 
A map outlining all private wells within a radius of 200 feet of the subject tract and all public water supplies, associated pipes, hydrants, and future service areas within 200 feet in all directions of the subject tract provided such information is available from public sources or documents.
(3) 
A listing of all referenced data, published and otherwise.
(4) 
A topographic site map with the site clearly outlined.
(5) 
A map indicating the location and design of all on-site wastewater disposal systems and secondary systems.
(6) 
A description of anticipated water quality impacts to areas located downgradient and areas located along the geologic strike.
(7) 
A description of on-site mitigation measures that could be applied to minimize impacts to the project or to correct existing problems.
A. 
Drafting standards. Sketch plans shall include all information required in § 240-61A.
B. 
Location and identification. Sketch plans shall include all information required in § 240-61B.
C. 
Existing features.
(1) 
Existing contours. Lancaster County Geographic Information Systems (GIS) Topography may be accepted.
(2) 
The following items when located within the subject tract:
(a) 
The name and approximate location and approximate dimensions of existing rights-of-way or easements relating to streets, cartways, access drives, driveways or service streets, public utilities, stormwater management facilities, telecommunications, electric, gas, and oil transmission lines. The approximate location of railroads, buildings, environmental and topographic features, including, but not limited to, floodplains, wetlands, quarry sites, woodlands, habitats for threatened and endangered species, solid waste disposal areas, historic resources, cemetery or burial sites, archeological sites, or areas with highly erosive soils.
(3) 
When available, the following items when located within 200 feet of the subject tract as inventoried in the Lancaster County GIS:
(a) 
The name and approximate location and approximate dimensions of existing rights-of-way or easements relating to streets, cartways, access drives, driveways or service streets, public utilities, stormwater management facilities, telecommunications, electric, gas, and oil transmission lines. The approximate location of railroads, buildings, floodplains and wetlands.
(4) 
In the case of a plan for which the subject tract has an environmental covenant executed pursuant to the Pennsylvania Environmental Covenants Act, Act No. 68 of 2007, 27 Pa.C.S.A. §§ 6501-6517 (UECA), the plan shall include the boundary limits of any contamination remaining on site. The application shall include a copy of the Environmental Covenant Agreement and any required engineering and institutional controls.
D. 
Additional information.
(1) 
The total approximate acreage of the entire existing tract.
(2) 
The zoning district and lot size and/or density requirements of the applicable zoning regulations.
(3) 
The approximate layout of lots, with approximate dimensions.
(4) 
The total number of lots, units or occupancy, density and proposed land use (if multiple land uses are proposed, the location of each land use shall be indicated).
(5) 
The approximate layout of streets, including cartway and right-of-way widths.
(6) 
The approximate location and configuration of proposed buildings, parking lots, streets, access drives, driveways, general stormwater facility locations, and wooded area to be cleared.
(7) 
Building setback lines.
(8) 
A note on the plan indicating the types of sewer and water facilities to be provided.
(9) 
Identification of any modifications intended to be requested.
(10) 
A copy of any applicable zoning decisions.
(11) 
Location of any recreation or open space land to be provided.
(12) 
Location of any existing trails transversing the tract, any trails transversing contiguous tracts, proposed trails, and any recreation or open space land on contiguous tracts.
A. 
Drafting standards. Preliminary plans shall include all information required in § 240-61A.
B. 
Location and identification. Preliminary plans shall include all information required in § 240-61B.
C. 
Existing features. Preliminary plans shall include all information required in § 240-61C.
D. 
Plan information. Preliminary plans shall include all information required in § 240-61D in addition to the following requirements:
(1) 
The layout of streets, alleys and sidewalks, including cartway and right-of-way widths.
(2) 
The layout of lots, with approximate dimensions.
(3) 
Street center-line profile for each proposed public or private street and/or access drives shown on the preliminary plan, including corresponding center-line stationing.
(4) 
The preliminary design of the proposed sanitary sewer mains, water supply mains and stormwater management facilities. This information shall include the approximate size, vertical location and horizontal location, if applicable.
(5) 
A statement on the plan indicating any proposed zoning amendment, special exception or variance, if applicable.
(6) 
A statement on the plan indicating any existing or proposed waivers granted by the Council.
(7) 
Proposed street names.
(8) 
A copy of any applicable zoning decisions.
E. 
Certificates, notifications, reports and studies.
(1) 
Certificates.
(a) 
Where the preliminary plan covers only a part of the entire landholdings, a sketch plan of the unsubmitted part, in a form suitable to the execution of the feasibility report on sewer and water facilities for the unsubmitted part shall be furnished. The street system of the plan under consideration may be subject to review, and the submitted part will be considered in light of adjustments and connections with future streets in the part not submitted.
(b) 
Certificate for review by the Commission with space for the signatures of the chairman of the Commission, or his designee. (See Appendix No. 5.[1])
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c) 
Certificate for approval by the Council with space for the signatures of the President of the Council and the Borough Secretary. (See Appendix No. 6.[2])
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(d) 
Certificate, signature and seal of the surveyor, to the effect that the survey and/or plan are correct. (See Appendix No. 7.[3])
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(e) 
Certificate, signature and seal of the engineer or landscape architect responsible for the design of the stormwater and utility systems. (See Appendix Nos. 8 and 9.[4])
[4]
Editor's Note: These appendixes are included as attachments to the chapter.
(f) 
A copy of a certificate of public convenience or an application for such certificate, a cooperative agreement or agreement to serve the area in question, whichever is appropriate, from the Authority shall be submitted.
(g) 
Evidence of review by the Authority, if applicable. (See Appendix Nos. 10 and 11.[5]
[5]
Editor's Note: These appendixes are included as attachments to the chapter.
(2) 
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 in accordance with Pennsylvania Act 287. A note stating any condition 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 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.
(3) 
Reports and studies.
(a) 
A hydrologic report as required by Chapter 226, Stormwater Management.
(b) 
Wetland study as described in § 240-62A of this chapter.
(c) 
Traffic study as described in § 240-62B of this chapter.
(d) 
Hydrologic report as described in § 240-62C of this chapter.
F. 
Filing fee. The preliminary plan shall be accompanied by a check or money order drawn to the order of Mount Joy Borough in an amount specified on the fee schedule adopted by resolution of the Council and available at the Borough Secretary's office.
A. 
Drafting standards. Final plans and preliminary/final plans shall include all information required in § 240-61A. In addition, the plan shall be formatted in a manner meeting the then-current requirements of the Office of the Recorder of Deeds.
B. 
Location and identification. Final plans and preliminary/final plans shall include all information required in § 240-61B.
C. 
Existing features. Final plans and preliminary/final plans shall include all information required in § 240-61C.
D. 
Plan information. Final plans and preliminary/final plans shall include all information required in § 240-61D in addition to the following requirements:
(1) 
Complete description of the center line and the right-of-way line for all new streets, whether public or private, and alleys. The description shall include distances and bearings with curve segments comprised of radius, tangent, arc and chord.
(2) 
Lot lines, with accurate bearings and distances and lot areas for all parcels. Curve segments shall be comprised of arc, chord, bearings and distances. Along existing street rights-of-way the description may utilize the existing deed lines or street center lines; along all proposed street rights-of-way, the description shall be prepared to the right-of-way lines.
(3) 
Final vertical and horizontal alignment for proposed public or private streets, alleys, access drives, and sanitary sewer and water distribution systems. All street profiles shall show at least the existing (natural) profile along the center line, proposed grade at the center line and the length of all proposed vertical curves for streets. All water distribution and sanitary sewer systems shall provide manhole locations and the size and type of material. This information may be provided on separate sheets and is not subject to recording with the final plans.
(4) 
Final street names.
(5) 
In the case of land development plans, a grading plan. The grading plan shall include finished grades and ground floor elevations. This information may be provided on separate sheets and is not subject to recording with the final plans.
(6) 
A statement on the plan indicating the granting of a zoning amendment, special exception or variance, if applicable, along with waivers granted by the Council to sections of this chapter. If any special exceptions or variances granted by the Zoning Hearing Board contain conditions, all of the conditions shall be included as notes on the plan.
(7) 
Accurate locations of all existing and recorded streets intersecting the boundaries of the tract.
E. 
Certificates, notifications and reports.
(1) 
Certificates.
(a) 
Certificate, signature, and seal of the surveyor, to the effect that the survey and/or plan are correct. (See Appendix No. 7.[1])
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b) 
Certificate for review by the Commission with space for signature by the Chairman of the Commission or his designee. (See Appendix No. 12.[2])
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c) 
Certificate for approval by the Council with space for signature by two members of the Council. (See Appendix No. 13.[3])
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(d) 
A statement, duly acknowledged before an officer authorized to take acknowledgement of deeds and signed by the landowner, certifying that the subdivision or land development shown on the plan is the act and the deed of the owner, that all those signing are all the owners of the property shown on the survey and plan, that they desire the same to be recorded as such and that all streets and other property identified as proposed public property dedicated for public use. (See Appendix No. 14.[4]) This must be dated following the last change or revision to the subdivision or land development plan.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
(e) 
Certification of review by the Lancaster County Planning Commission. (See Appendix No. 15.[5])
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Notifications.
(a) 
Written notice from the DEP that approval of the sewer facility plan revision (plan revision module for land development) or supplement has been granted or notice from the Department that such approval is not required.
(b) 
Where the tract described in the subject 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 in accordance with Pennsylvania Act 287. A note stating any condition 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.
(c) 
Written notice from the District Address Manager and the Lancaster County Wide Communications office stating that the proposed private and/or public street and/or access drive names that are proposed for the subdivision or land development are acceptable.
(d) 
A note placed on the plan indicating any area that is not to be offered for dedication, if applicable.
(e) 
Written notice from the Borough Engineer and the Authority's engineer that all proposed improvements have been designed to the standards of the Borough and the Authority and that financial guaranties in a form suitable to the Council and the Authority have been received. (See Appendixes 16 and 17[6] and § 240-31).
[6]
Editor's Note: Said appendixes are included as attachments to this chapter.
(f) 
Written notices of approval as required by this chapter, including written notices approving the water supply systems, sanitary sewer systems and stormwater runoff to adjacent properties. (See § 240-52 and § 240-53 for specific requirements.)
(g) 
The submission of a controlling agreement in accordance with § 240-43B when an application proposes to establish a street which is not offered for dedication to public use.
(h) 
Written notices from the emergency service providers that will serve as the primary responders for the subdivision or land development that the street and building layout are satisfactory and will not present any obstacles or other problems for emergency responders to the subdivision or land development.
(i) 
For all stormwater management facilities that affect an existing watercourse or have an upland drainage area greater than 1/2 square mile, notification from the DEP of approval or that no approval is required.
(3) 
Reports and studies.
(a) 
A hydrologic report as required by Chapter 226, Stormwater Management.
(b) 
Wetland study as described in § 240-62A of this chapter.
(c) 
Traffic study as described in § 240-62B of this chapter.
(d) 
Hydrogeologic report as described in § 240-62C of this chapter.
(4) 
Other documentation.
(a) 
Legal description for any easements to be dedicated to the Borough, including, but not limited to, drainage easements and snow stockpile easements. Upon preparation of appropriate documentation in recordable form approved by the Borough Solicitor, such documentation shall be executed by all landowners.
(b) 
Legal description for any rights-of-way along existing streets to be dedicated to the Borough or PennDOT. Upon preparation of appropriate documentation in recordable form approved by the Borough Solicitor, such documentation shall be executed by all landowners.
(c) 
A stormwater management agreement and declaration of easement in the form required by the Chapter 226, Stormwater Management, properly executed by all landowners with executed joinders by all mortgage holders.
(d) 
A conservation easement agreement and declaration of easement, in a form acceptable to the Borough Solicitor, properly executed by all landowners.
(e) 
If the final plan proposed access or storm drainage facilities to be located on adjoining tracts, recordable easements in a form acceptable to the Borough Solicitor.
(f) 
Properly executed land development agreement in the form and content required by the Borough setting forth, among other things, the responsibilities for the development of the property and listing required improvements, lands to be dedicated, and contributions to be made to the Borough.
(g) 
If the final plan proposes an enlargement of an existing lot, a copy of the deed to transfer the land and a copy of a deed with a perimeter description for the enlarged lot. The applicant shall present evidence to the Borough that the applicant has recorded such deeds prior to the final release of financial security.
(h) 
If all required improvements have not been installed, financial security in a form and in the amount meeting all MPC requirements and all requirements of this chapter.
(i) 
Residential lot disclosure plan and supplemental information in accordance with § 240-68.
(5) 
Filing fee. The final plan shall be accompanied by a check or money order drawn to the order of Mount Joy Borough in an amount specified on the fee schedule adopted by resolution of the Council and available at the Borough Secretary's office.
A. 
Drafting standards. Lot-line change plans shall include all information required in § 240-61A. In addition, the plan shall be formatted in a manner meeting the then-current requirements of the Office of the Recorder of Deeds.
B. 
Location and identification. Lot-line change plans shall include all information required in § 240-61B.
C. 
Plan information. Lot-line change plans shall include all of the information required in § 240-61D and the additional information required for final plans in § 240-65D.
D. 
Certificates.
(1) 
Certificate, signature, and seal of the surveyor, to the effect that the survey and/or plan are correct. (See Appendix No. 7[1].)
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
Certificate for final plan review by the Commission. (See Appendix No. 12[2].)
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3) 
Certificate for final plan approval by the Council. (See Appendix No. 13[3].)
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(4) 
A statement, duly acknowledged before an officer authorized to take acknowledgement of deeds and signed by the landowner, certifying that the subdivision or land development shown on the plan is the act and the deed of the owner, that all those signing are all the owners of the property shown on the survey and plan, that they desire the same to be recorded as such and that all streets and other property identified as proposed public property dedicated for public use. (See Appendix No. 14.[4]) This must be dated following the last change or revision to the subdivision or land development plan.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
E. 
All applicable notifications and reports shall be required to be filed with the Borough prior to release of the plan for recording. See § 240-65E for notification and report requirements.
When required, a plot of each residential lot which is created by the subdivision plan shall be prepared including the items in this section.
A. 
Residential lot disclosure exhibit. The residential lot disclosure exhibit shall be a plan with a sheet size of 8 1/2 inches by 11 inches which includes the following information:
(1) 
The grading of the lot depicting the street upon which the residence will front.
(2) 
The building envelope with front, rear and side yards shown, and the proposed first floor elevation of the property.
(3) 
All easements and rights-of-way within the subject lot.
(4) 
Any wetlands or floodplain areas within the subject lot.
(5) 
The location of stormwater management facilities, including, but not limited to, detention/retention basins and the paths of stormwater runoff.
(6) 
The current maximum building coverage and impervious coverage permitted by Chapter 270, Zoning.
(7) 
Any zoning boundary lines which abut the subject lot and an indication of the present zoning which abuts the subject lot.
B. 
Residential lot disclosure narrative. The information listed below shall be clearly shown or noted on the approved plans and summarized in text narrative.
(1) 
Common areas such as park lands, streets, and open space which are part of the subdivision or adjacent to the lot and/or building being sold;
(2) 
All lot lines within the development;
(3) 
All uses permitted within the development by Mount Joy Borough's current Zoning Ordinance,[1] including accessory uses, and all limitations, easements, deed restrictions, and other restrictions which affect the development of the lots and use thereof;
[1]
Editor's Note: See Ch. 270, Zoning.
(4) 
Membership in a homeowners' association, if required, including a copy of the homeowner's association or condominium agreement, including the declaration of covenants, conditions and restrictions.
(5) 
Ownership and maintenance responsibility for any stormwater management facilities located on the subject lot.