Article 5

Article 5
Design Standards

§13-501 Intent.

1. The design standards established in this Chapter are intended to be fundamental requirements to be applied with professional skill in the subdividing and planning of land so as to produce attractive and harmonious neighborhoods, convenient, and safe streets and economical layouts of residential and other land development. The design standards are further intended to encourage and promote flexibility and ingenuity in the layout and design of subdivisions and land developments, in accordance with modern and evolving principles of site planning and development.

2. It is also the intent of this Chapter to require subdividers and developers to follow all applicable codes, regulations, and standards adopted by the Borough relative to improvements to the subdivision or development site. In all cases, the codes, regulations and standards of the Borough shall be followed and the improvements shall be approved by the Borough Council before the final plan is approved. In cases where development codes, regulations, and standards do not exist at the Borough level, the requirements of this Chapter shall be followed and approved by the Borough. All improvements as specified in this Chapter or in applicable Borough ordinances shall be installed before the final plat is approved or, in lieu thereof, a guarantee of installation shall be provided by the subdivider or developer prior to final plat approval. The guarantee shall assure the Borough Council that required improvements will be installed in accordance with the subdivision or land development plan.

3. During the design and approval of subdivision and land development plans the County Planning Department, the Planning Commission and Borough Council, and the developer shall give primary consideration to all thoroughfare plans, water plans, sewer plans, community facility plans, and official maps as may be in effect in the Borough.

(Ord. 2008-2, 6/9/2008, §501)

§13-502 General Standards.

1. The standards and requirements contained in this Chapter are intended as the minimum for the promotion of the public health, safety, and general welfare, and shall be applied as such by the Borough Planning and Zoning Commission and Borough Council in reviewing all subdivision/land development plans.

2. Whenever other Borough ordinances and/or regulations impose more restrictive standards and requirements than those contained herein, such other ordinances and/or regulations shall be observed; otherwise, the standards and requirements of this Chapter shall apply.

3. The standards and requirements of this Chapter may be modified by the Borough Council, upon submission to the Borough Planning and Zoning Commission for review and recommendation, where such modifications achieve substantially the objective of this Chapter and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the subdivision/land development plan.

4. Land subject to hazards to life, health, or property, such as may arise from fire, flood disease, or other causes, shall not be subdivided or developed for building purposes unless such hazards have been eliminated or unless the subdivision/land development plan shall show adequate safeguards against them, which shall be approved by the appropriate regulatory agencies.

5. Subdivision/land development plans shall give due recognition to the Comprehensive Plans of the Borough and of the County or to such parts thereof as may have been adopted pursuant to statute.

6. Land proposed for subdivision or land development shall not be developed or changed by grading, excavating, or by the removal or destruction of the natural topsoil, trees, or other vegetative cover unless adequate provisions for minimizing erosion and sediment are proposed under DEP Rules and Regulations.

7. Whenever all or a portion of the land contained within an application for subdivision or land development approval constitutes all or a portion of land included in a prior subdivision or land development plan approved by the Borough and recorded in the Office of the Recorder of Deeds in and for Lebanon County, Pennsylvania, the plan shall comply with all conditions, restrictions, and notes imposed on the prior approval and/or included upon the recorded subdivision or land development plan. The applicant shall identify all prior recorded subdivision and/or land development plans of which all or a portion of the land contained in the plan was a part and all conditions, restrictions and notes which affect the current application. Failure to identify all applicable conditions, restrictions, and notes of record on prior plans constitutes a violation of this Chapter. The applicant shall submit with the application for preliminary plan approval a statement identifying the prior plans reviewed; the conditions, restrictions and notes which would impact development in accordance with the plan for which approval has been requested; and an explanation of the manner in which the proposed plan has been designed to comply with such conditions, restrictions, and notes. This information shall be signed by the applicant or the applicant’s registered professional.

(Ord. 2008-2, 6/9/2008, §502)

§13-503 Energy Conservation Standards.

Conservation of energy shall be an important principle in the design of subdivisions and land developments. Plans shall facilitate the energy efficient placement of homes and buildings on lots. Whenever the following criteria are found to be appropriate to a site, development design should be in accordance with the standards contained herein:

A. Orientation.

(1) Lots shall be designed for energy efficient siting of buildings with respect to slopes and existing trees.

(2) Southerly exposures should be utilized for development. North slopes, especially those over 10 percent slope, should be avoided because the long shadows created severely restrict solar access.

(3) New lots and new residences shall be oriented to make maximum effective use of passive solar energy. The long axis (depth) of each lot should run North-South, with a possible East-West variation of 22½ degrees. Lot design should provide for lots of adequate width, depth, and slope for solar orientation. Lot layout should facilitate solar access by at least 75 percent of the proposed dwellings or buildings within a development.

(4) The largest yard setback should be stipulated on the south side of proposed buildings. Buildings should be situated to the North end of the lot to permit maximum on-lot control of solar sky space.

B. Streets.

(1) Streets should be oriented along an East-West axis, with maximum North-South deviations of 30 degrees. This should be required to the maximum extent possible, although size, configuration, or orientation of the property; nature of the surrounding development; circulation patterns; existing physical features such as topography and vegetation (trees); and improved design potential may be considered to determine the feasibility of this requirement for a given site.

(2) Street system shall be designed to reduce overall lengths and facilitate traffic flow (minimum number of intersections).

C. Vegetation and Wind.

(1) Site design shall emphasize the preservation of all beneficial natural features of the site, such as existing slope, naturally wooded areas and watercourses. The site design should also avoid requiring removal of large isolated trees and desirable woods and other vegetation, particularly those existing plant materials that serve as wind barriers and aide in energy conservation.

(2) Developments shall be designed to maximum wind buffering and/or breeze channelization capabilities of vegetation, topography and structure layouts. Windbreaks and buffers should utilize evergreens to protect north and northwesterly exposures. Cooling breezes from the southwest should be channeled past buildings. Deciduous trees shall be located in areas that will enable them to shade buildings from the summer sun, but still allow penetration of the winter sun.

(Ord. 2008-2, 6/9/2008, §503)

§13-504 Topography.

1. Subdivisions shall be planned to take advantage of the topography of land in order to: utilize the natural contours, economize in the construction of drainage facilities, reduce the amount of grading and minimize destruction of trees and topsoil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the neighborhoods.

2. Additionally, environmental safeguards may be mandated on slopes in excess of 15 percent. On steep slopes (in excess of 15 percent), site and lot design shall be adjusted, where necessary, to mitigate the detrimental effects of development on steeper slopes. The following topographic considerations shall be utilized in design of subdivision and land developments:

A. Streets. Land in which is relatively flat or of very gentle slopes should be planned so that the streets follow the natural drainage courses and as many lots as possible shall be above the street grade. On more irregular topography, streets shall be designed to avoid extensive cuts and fills and follow the ridges or be planned approximately parallel to contour lines, and adjusted, however, so that lots on one side of the street will not be excessively below the street grade.

B. Natural Drainage. Subdivisions shall be designed, particularly on land of very gentle slopes, to take every advantage of natural grades so that all the land can be drained without excess grading. Unless water courses or drainage ways are enclosed, the plan shall be adjusted so that rear lot lines shall be approximately parallel to the natural or straightened course, and only where such plan is not possible, should side lot lines be arranged parallel to an open drainage course. Easements for drainage ways and low-lying land which are subject to flooding may be included as part of a lot but shall not be used as building sites or included in calculating the required lot area or width.

C. Natural Features. Natural features, irregularities, changes in level, brooks, lakes, hilltops, and other focal points within the site, and distant views outside the subdivision shall be integrated in the design to obtain variations and interest in each neighborhood and more attractive building sites. Trees, topsoil and other natural resources shall be preserved and utilized in the development of the subdivision.

D. Driveways. Private driveways shall be designed to furnish safe and convenient access, with reasonable clear sight distance at intersection with the street. Steep slopes shall be traversed diagonally to minimize grades.

(Ord. 2008-2, 6/9/2008, §504)

§13-505 Grading.

1. The developer shall grade each subdivision or land development to establish street grades, floor elevations of buildings, and lot grades in proper relation to each other and to existing topography. However, grading shall be kept to a minimum to avoid loss of topsoil and erosion potential. Lots shall be graded to secure drainage away from buildings. The grading shall facilitate collection of stormwater in designated areas and avoid concentration of water in the sewage system location.

2. The grading of the roadway shall extend the full width of the cartway, shoulder and swale area, if applicable. Where possible, grass strips or channels between the curb or shoulder and right-of-way line should be graded at 3 to 1 slope; however, when unusual topographic conditions exist, good engineering practice shall prevail.

(Ord. 2008-2, 6/9/2008, §505)

§13-506 Blocks and Lots.

1. General Configuration. The configuration of blocks and lots shall be based upon the lot area requirements, the salient natural features, the existing man-made features and the proposed type of structure. Lot configurations should provide for flexibility in building locations while providing safe vehicular and pedestrian circulation. Lots with areas that are two or more times the minimum requirements shall, wherever feasible, be designed with configurations that allow for additional subdivision.

2. Residential Blocks. All blocks in a residential subdivision shall have a maximum length of 20 times the minimum allowable lot width, but not to exceed 1,200 feet.

A. Wherever practicable, blocks shall be two lot depths in width.

B. In blocks over 1,000 feet in length, a dedicated right-of-way shall be provided for a pedestrian walkway at or near the middle of such blocks.

3. Nonresidential Blocks. Blocks in nonresidential areas may vary from the requirement of subsection .2 when required by the nature of the use. Adequate provisions shall be made for off-street parking, loading areas and traffic and pedestrian circulation.

4. Lot and Parcel Configuration.

A. Whenever practical, side lot lines shall be radial to street lines.

B. In order to avoid jurisdictional problems, lot lines shall, wherever feasible, follow Borough boundaries rather than cross them. Where a lot is divided by a municipal boundary, the minimum standards of both municipalities shall apply.

C. All lots with a width of 50 feet or more shall contain an average depth not less than one-half or more than 2½ times their width.

D. Lot and parcel configuration shall conform to the Borough Zoning Ordinance [Chapter 14].

E. All lots shall front on an approved public or private street and maintain a minimum lot width in accordance with the Zoning Ordinance [Chapter 14].

F. Double frontage lots are prohibited except where provided as reverse frontage lots. Reverse frontage lots are only permitted when a reduction of driveway intersections along a street with a high volume of vehicular movements is desired. All reverse frontage lots shall include an identification of the frontage for use as a road access.

G. All reverse frontage lots shall, immediately adjacent to the rear street right-of-way, have a buffer area and planting screen at least 10 feet in width, across which there shall be no vehicular access. The buffer and planting screen shall be in accordance with applicable provisions of the Zoning Ordinance [Chapter 14].

H. All remnants of land (areas remaining after subdivision) shall conform to the lot area and configuration requirements.

5. Lot Size and/or Intensity. All lot sizes shall conform to the Borough Zoning Ordinance [Chapter 14].

6. Flag Lots. Flag lots shall be discouraged. The Borough Council may approve the creation of a flag lot in accordance with the guidelines set forth in this Section.

A. A flag lot shall be approved only when necessary for the productive use of land located to the rear of road front lots due to unique topographic conditions, avoidance of stream crossings or tract boundary conditions, and shall not be used as a substitute for available alternative land planning concepts.

B. Approval of a flag lot may be granted by Borough Council at its discretion, on a case-by-case basis, consistent with the public health, safety, and welfare.

C. Access strips of a minimum width of 50 feet, must be provided to connect the flag lot to a public or private street, and must be conveyed in fee as part of the lot.

D. The minimum lot size and widths, building setback lines and other applicable portions of the Borough Zoning Ordinance [Chapter 14] and this Chapter shall be applicable to the main portion of the flag lot, excluding the access strip.

E. No more than two adjoining flag lots shall be permitted. Double tier flag lot shall not be permitted.

F. No further development shall be permitted off of a flag lot unless the landowner can show, through credible evidence that such additional development will not be in conflict with this or any other Borough land use ordinance.

G. The Borough Planning and Zoning Commission and/or Borough Council shall attach necessary and reasonable conditions to the approval of a flag lot to assure proper compliance with other portions of this Chapter including, but not limited to, erosion and sediment controls, storm drainage and utility easements.

7. Building Setback Lines and Building Separation.

A. A building setback line shall be provided along each street and private street. The area in front of the building setback line shall be preserved in accordance with the Borough Zoning Ordinance [Chapter 14].

B. The distance to the building setback line shall be measured from the street centerline or right-of-way line as required by the Borough Zoning Ordinance [Chapter 14]. Setback lines on private streets shall be the required setback as per the Borough Zoning Ordinance [Chapter 14].

C. In the case of corner lots, the setback from each adjacent street shall apply.

D. All building separations and height requirements shall conform to the Borough Zoning Ordinance [Chapter 14].

E. On any lot abutting or traversed by a high voltage transmission line, no dwelling shall be placed within 75 feet of any portion of the right-of-way.

F. Where application for a land development plan is made for the purpose of erecting more than one principal structure on a single lot, the appropriate setback and yard requirements shall be provided for each structure as though it were on an individual lot. In each case, the Borough shall require suitable provisions for utilities and access in the event of potential subdivision of the tract.

8. Subdivision of property with existing dwellings or development shall be regulated by the following:

A. Each dwelling or use shall be serviced by separate utility connections. Shared sewage systems are not permitted.

B. Each dwelling or use subdivided shall be on sufficient land area to satisfy minimum lot area and yard setback requirements.

(Ord. 2008-2, 6/9/2008, §506)

§13-507 Stormwater Management and Design Criteria.

1. Scope. A stormwater management plan shall be required for each subdivision or land development plan (except single family residential lots meeting the criteria of subsection .1.A.) at both the preliminary and final plan submittal stages. As an integral part of the stormwater management plan, erosion and sedimentation control measures shall be included. For purpose of this Section of this Chapter, any expansion or construction where such development occupies an area in excess of 10,000 square feet (combined building and other impervious area) shall be considered a land development plan and also require a stormwater management plan in accordance with the applicable regulations of this Section. The 10,000 square foot requirement applies on individual large projects, projects that exceed a cumulative total of 10,000 square feet after December 8, 1980, and any projects occurring after the 10,000 square feet level has been reached. A stormwater management plan must be approved before construction of any expansion may proceed.

A. Exception. Single-family residential lots may be exempted from the mandatory design and installation of certain stormwater management facilities when the lot improvements (house, driveway, regrading, etc.) on the proposed subdivision plan document to the satisfaction of the Planning Commission and the Borough Engineer that the lot improvements will not result in detrimental stormwater discharges within the lot(s) or upon adjoining lands, roads, waterways, or other areas. Exemption may be granted by the Borough Council provided all of the following criteria are satisfied:

(1) The subdivision plan shall meet all of the criteria for a minor subdivision.

(2) The minimum lot area shall be 2 acres.

(3) The slope of the lot shall not exceed 4 percent in the lot improvement area and slopes in excess of 8 percent shall not exist within 50 feet of the lot improvement area.

(4) Streams, waterways, and ecologically sensitive areas shall not exist within 100 feet of the lot improvement area.

(5) The proposed lot improvements shall be a minimum of 50 feet from the side and rear lot lines, unless site conditions or other requirements necessitate greater setback.

(6) Plan notes shall document that the soils within the lot improvement area are in hydrologic soil group A, B, or C, as published in the current edition of TR-55, Urban Hydrology for Small Watersheds.

(7) Stormwater discharges shall not endanger or potentially damage the lot improvements, adjoining lands, roads, or otherwise pose a threat to the health, safety, or welfare of the public.

(8) No unique or adverse lot conditions shall exist which warrant refusal of the exemption request.

(9) The exemption request shall be submitted in writing with the subdivision application and shall address all the criteria cited herein.

(10) Subdivision application shall be accompanied by standard application and inspection fees to assure evaluation of lot(s) for compliance with the exemption criteria at the design, construction and inspection stages.

(11) Subdivision plans containing any lots which have received stormwater management design and installation exemptions in accordance with these provisions shall contain a prominent plan note explaining the exemption and the lot development restrictions applicable thereto.

(12) Any lot receiving a stormwater management installation exemption and subsequently found to be developed, or under development, contrary to the approved subdivision plan, contrary to these exemption provisions or otherwise evidencing a stormwater runoff problem shall forthwith be subject to the following:

(a) Corrective action shall be taken in the lot development to eliminate the noncompliance.

(b) Submission of a revised subdivision plan shall be required, depicting necessary stormwater management facilities, in accordance with the standard plan processing procedures.

(c) Lot owner(s), developer(s), or other responsible person(s) who fail to take corrective lot development action or fail to submit a required revised plan shall be guilty of a violation of this Chapter, punishable as provided by §13-806 of this Chapter.

2. In addition to other plan requirements of this Chapter, stormwater management plans shall include the following:

A. The Following Proposed Features:

(1) The proposed land use, the number of lots and dwelling units and the extent of commercial, industrial, or other nonresidential uses.

(2) The locations and dimensions of all proposed streets, parks, playgrounds, and other public areas; sewer and water facilities; lot lines and building locations, and parking compounds and other impervious and semi-pervious surfaces.

(3) The proposed changes to land surface and vegetative cover, including areas to be cut or filled.

(4) Proposed Topographical Data. This information shall be provided by contour lines. Proposed contour lines shall be provided at 2-foot vertical intervals for slopes of 4 percent or less, and at vertical intervals of 5 feet for more steeply sloping land.

(5) Plans and profiles of all proposed stormwater management facilities including vertical and horizontal alignment, size, and type of material. This information shall be of the quality required for the construction of all facilities.

(6) For all basins that hold 2-acre-feet or more of water and have an embankment that is 6 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 frost-heave potential, shrink-swell potential, soil bearing strength, water infiltration, soil settling characteristics, fill and back-filling procedures, and soil treatment techniques as required to protect the improvements for adjacent structures.

(7) The type, location, and extent of all temporary and permanent erosion and sedimentation control measures shall be shown on an erosion and sedimentation control plan that conforms to the requirements of the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection and which shall be submitted to the Lebanon County Conservation District for review.

(8) Data concerning subsoil and rock foundation conditions and the physical properties of the materials entering into the construction of all BMPs.

B. Written hydraulic report and erosion and sedimentation narrative including or prepared in accordance with the following:

(1) Stormwater runoff calculations for both pre-development and post-development conditions for peak discharge and pollutant removal.

(2) An erosion and sedimentation control plan narrative that conforms to the requirements of the Soil Erosion and Sedimentation Control Manual of the Pennsylvania Department of Environmental Protection and provides a description of all erosion and sedimentation control measures, temporary as well as permanent, including the staging of earth-moving activities, sufficient in detail to clearly indicate their function.

(3) Description of an ownership and maintenance program, in a recordable form, that clearly sets forth the ownership and maintenance responsibilities for all temporary and permanent stormwater management facilities, including the following:

(a) Description of the method and extent of the maintenance requirements.

(b) When maintained by a private entity, identification of an individual, corporation, association, or other entity responsible for ownership and maintenance.

(c) When maintained by a private entity, a copy of the legally binding document which provides that the Borough shall have the right to:

1) Inspect the facilities at any time.

2) Require the private entity to take corrective measures and assign the private entity reasonable time periods for any necessary action.

3) Authorize maintenance to be done and lien the cost of the work against the properties of the private entity responsible for maintenance.

4) Establishment of suitable easements for access to stormwater management facilities.

This document shall be recorded upon approval by the Borough.

(4) For all proposed detention basins and retention basins, and temporary sedimentation basins, the documentation shall include a plotting or tabulations of storage volumes with corresponding water surface elevations and the outflow rates for those water surfaces.

(5) For all proposed detention basins and retention basins, and temporary sediment basins, documentation shall set forth the design hydrology, and the short-cut routing method or a method of equal caliber acceptable to the Borough Engineer and Borough Planning and Zoning Commission or Borough Council utilized to determine the function of the basin.

(6) A Pennsylvania Department of Transportation highway occupancy permit for any stormwater management facility proposed within the right-of-way of a State road.

(7) Receipt of appropriate State and Federal permits for all activities in or along any bodies of water, waters of the U.S., or wetlands.

(8) Receipt of approvals or permits from the appropriate agency for the erosion and sedimentation control plan.

3. General Design Recommendations.

A. In the interest of (1) reducing the total area of impervious surface, (2) preserving existing features that are critical to stormwater management, and (3) reducing the concentration of stormwater flow, the design should consider alternate design concepts.

B. Maximum use should be made of the existing on-site natural and man-made stormwater management facilities.

C. Innovative stormwater management and recharge facilities shall be used whenever and wherever feasible or necessary to protect adjoining properties; to control the volume of water leaving the site; to remove pollutants from runoff leaving the site; or to provide for recharge of ground water supplies. Such facilities may include rooftop storage, dry wells, cisterns, diversion structures, aeration of lawns, holding tanks, infiltration systems, stream channel storage, in line storage in storm sewers, and grading patterns. Applications including such facilities shall be accompanied by detailed engineering plans and performance capabilities for review by the Borough.

D. Where possible, the number of detention/retention facilities should be minimized by providing larger facilities to serve larger drainage areas. The use of multiple detention/retention facilities for a single development should be avoided where possible and practical.

4. General Design Requirements.

A. All stormwater management plans shall be designed and certified by individuals registered in the Commonwealth of Pennsylvania and qualified to perform such duties.

B. All stormwater runoff flowing over the project site shall be considered in the design of the stormwater management facilities.

C. Stormwater management facilities located within or affecting the floodplain of any watercourse shall also be subject to the requirements of the Cornwall Borough Zoning Ordinance [Chapter 14], as amended, the relevant Act 167 Watershed Storm Water Management Plan, or any future ordinances regulating construction and development within areas of the Borough subject to flooding. All facilities shall also receive all other local, County, State, and Federal approvals and permits required by any regulatory agency having jurisdiction.

D. Stormwater runoff from a project site shall flow directly into a natural watercourse or into an existing storm sewer system. If neither of these is available, the applicant shall obtain an easement from the downstream landowner to allow the runoff discharge from the 10-year storm to be piped to a natural watercourse or existing storm sewer system. Where the downstream owner will not grant such an easement, the runoff from the applicant’s site shall flow onto the adjacent property in a manner similar to the runoff characteristics of the pre-development flow. Where such an easement is granted, the 25- through 100-year discharge from the basin shall flow onto the adjacent property in a manner similar to the runoff characteristics of the pre-development flow.

E. Stormwater management facilities shall be provided so that the peak rates of runoff for stormwater originating on the project site must meet the following conditions, for all watersheds (as defined by paragraph .I) within the site:

(1) The 2-, 10-, 25-, 50-, and 100-year post-development peak flows must be less than or equal to 50 percent of the corresponding calculated 2-, 10-, 25-, 50-, and 100-year pre-development peak flows.

F. Stormwater management facilities should be supplemented by BMPs as outlined in the Cornwall Borough BMP Design Standards, this Section required storage volume should be provided to minimize the impacts to water quality of receiving waters.

G. Runoff calculations for the pre- and post- development comparison shall consider five different storm frequencies. (2-, 10-, 25-, 50- and 100-year storm events.)

H. Consideration shall be given to the relationship of the subject property to the drainage pattern of the watershed.

I. Stormwater shall not be transferred from one watershed to another, unless (1) the watersheds are sub-watersheds of a common watershed that join together within the perimeter of the property, or (2) the effect of the transfer does not alter the peak discharge onto adjacent lands.

J. A concentrated discharge of stormwater to an adjacent property shall be within an existing watercourse or enclosed in an easement.

K. The applicant shall demonstrate that any facilities intended to be installed and located on an individual or group of individual lots can be maintained by the lot owner or owners.

5. Methods for Calculation of Runoff.

A. Runoff calculations for on-site stormwater facilities shall be based upon the following methods:

(1) Rational Method. This method is recommended and preferred for design of all collection, conveyance, and retention facilities when drainage areas are less than 20 acres or where times of concentration are less than 60 minutes.

(2) SCS TR-55 Tabular Hydroqraph Method (1986, or Latest Revision). This method is recommended and preferred for design of conveyance and retention facilities when drainage areas are greater than 20 acres. For drainage areas greater than 20 acres, the Borough will also accept PSRM, TR-20 and HEC-l.

B. Criteria and assumptions to be used in the determination of stormwater runoff and design of stormwater management facilities are as follows:

(1) Runoff coefficients shall be based on the land use coefficients listed in Appendices 13-22 and 13-23 of this Chapter and in conjunction with the criteria outlined by subsection .5.C of this Section.

(2) Times of concentration shall be based on the following design parameters:

(a) Overland Flow. The maximum length for each reach of overland flow before concentrated swale and/or sheet flow develops is 150 feet. The nomograph in Appendix 13-24 shall be used for determination of the times of concentration.

(b) Concentrated Flows. At points where overland flows concentrate in field depressions, swales, gutters, curbs, or pipe collection systems, the time of concentration between these design points shall be based upon Manning’s Equation.

(3) If the Rational Method is used, the Rainfall-Intensity-Duration-Frequency Chart shown in Appendix 13-21 shall be used to compute the rainfall intensities.

(4) If the Soil-Cover-Complex Method (SCS TR-55) is used, stormwater runoff shall be based on the following 24-hour storm events:

Storm Event	Inches of Rainfall
2 years	3.0 inches
5 years	4.0 inches
10 years	4.8 inches
25 years	5.3 inches
50 years	6.0 inches
100 years	6.7 inches

(5) Use of other criteria, assumptions, references, calculation methods, and/or computer modeling may be utilized, provided detailed design information and programming with references are submitted and approved by the Borough.

C. For the purpose of determining pre- and post-development runoff coefficients, the following criteria shall be used:

(1) Pre-development runoff coefficients for all areas within the site boundaries shall be based on a good grass cover unless portions of the site contain wooded areas. When the site contains wooded areas, runoff coefficients shall be based on forest/woodland cover.

(2) Off-site land use conditions used to determine storm flows for the pre-and post-development comparison shall be based on existing land uses assuming summer or good conditions for onsite areas and winter or poor conditions for offsite areas.

(3) Off-site land use conditions used to determine storm flows for collection and conveyance facilities shall be based on existing land uses assuming winter or poor conditions.

6. Design Standards–Detention and Retention Facilities.

A. Retention basins and detention basins shall be designed to safely discharge the peak basin inflow rate of a post-development 100-year frequency storm event through an emergency spillway in a manner which will not damage the integrity of the basin. The emergency spillway shall be constructed in undisturbed ground. An easement shall be provided from the spillway outfall to a natural or artificial watercourse. The emergency spillway shall not be considered to function as part of the primary outlet structure. The primary outlet structure shall control the flow from all storm events up to and including the 100-year event. The purpose of the emergency spillway is to function in the event that the primary structure becomes nonfunctional for any reason.

B. Retention basins and/or detention basins, and water-carrying facilities shall be stabilized in accordance with current engineering and U.S. Soil Conservation Service practices, and the Cornwall Borough BMP Design Standards.

C. Retention basins and/or detention basins shall be designed and maintained to insure the design capacity after sedimentation has taken place.

D. Basins that are not designed to release all stormwater shall be specifically identified as retention basins or permanent pond basins. All other basins shall have provisions for de-watering. Low flow channels or tile fields will be used to de-water the bottom of a basin. Discharge structures shall be designed to eliminate blockage during operation.

E. Retention basins and/or detention basins that are designed with earth fill dams shall incorporate the following minimum standards:

(1) The maximum water depth shall not exceed 8 feet.

(2) The minimum top width of all dams shall be 8 feet.

(3) The side slopes of earth fill dams shall not be less than 3 horizontal to 1 vertical.

(4) Basins without restricted access shall have impoundment areas with side slopes no greater than 5 horizontal to 1 vertical. Basins with side slopes steeper than 5 horizontal to 1 vertical shall be protected by fencing that will discourage access.

(5) A clay core and key trench of impervious material shall be provided under all dams.

(6) All pipes and culverts through dams shall have properly spaced concrete cutoff collars or factory welded anti-seep collars.

(7) A minimum 1 foot freeboard above the 100-year post-development flow through the emergency spillway shall be provided.

(8) Minimum floor elevations of the lowest floor, for all structures that would be affected by a basin, other temporary impoundments or open conveyance systems where ponding may occur shall be 2 feet above the Q100 year water surface.

F. All detention basins specifically designed to release all stormwater shall include provisions for an outlet structure that permits draining the basin to completely dry position within 24 hours following the end of the design rainfall.

G. All outlet structures and emergency spillways shall include a satisfactory means of dissipating the energy of flow at its outlet to insure conveyance of flow without endangering the safety and integrity of the basin and the downslope drainage area.

H. No outflow from a detention basin shall discharge directly onto or be conveyed onto a public road. Discharge into a culvert under, or storm sewer along a public road is acceptable provided that the applicant provides evidence of adequate capacity in the culvert or storm sewer.

I. Appropriate easements to enclose and permit access to all detention and retention facilities shall be provided.

7. Design Standards–Collection and Conveyance Facilities.

A. The design of stormwater management collection and conveyance facilities that service drainage areas within the site shall be based upon a 25-year storm frequency event. Stormwater management facilities that convey off-site stormwater through the site must be designed to convey a 50-year event.

B. All developments must also include design provisions that allow for the overland conveyance of the post Q100 year storm flows through the site without damage to any private or public property.

C. When the design of the overall stormwater management plan requires a transfer of watershed, as outlined by subsection .4.I of this Section, the design shall illustrate that the facilities utilized to accomplish the transfer can safely convey the 100-year post-development storm event. Transfers into Act 167 study areas are prohibited.

D. The capacities of the pipes, gutters, inlets, culverts, outlet structures, and swales shall consider all possible hydraulic conditions. The following minimum design standards have been established by the Borough.

(1) For grass swales and roadside gutters two design considerations shall be met: the first shall consider channel velocity and stability based upon a low degree of retardance (“n” of .03); the second shall consider channel capacity based upon a high degree of retardance (“n” of .05).

(2) The “n” factors to be used for paved or riprap swales or gutters shall be based on accepted engineering design practices.

(3) The following chart shall be used to determine the “n” factors for corrugated metal pipe:

	“n” Factors
Pipe Diameter	Helical		Annular
(inches)	Capacity	Velocity	Capacity	Velocity
up to 18	.017	.014	.026	.024
21 through 30	.021	.017	.026	.021
larger than 30	.026	.019	.026	.019

(4) The “n” factor for concrete or any other smooth pipe shall be 0.010 for velocity and 0.013 for capacity.

(5) The velocity to be used in the design of any piped stormwater conveyance system shall be based on the maximum velocity obtainable. The capacity shall be based upon full flow conditions.

(6) Inlets, culverts, and basin discharge systems shall be designed for the worst-case condition. Inlet capacity shall be based on design data provided by the manufacturers. If acceptable information is not available, inlets in non-ponding areas shall be designed for a maximum capacity of 4 cubic feet per second (cfs). Where ponding occurs, inlet capacity shall be based on accepted engineering design practices. Culvert design shall consider either inlet/outlet control or a combination of hydraulic losses through the system, whichever is greater. Basin discharge systems shall be designed to the same standards as culverts. If it cannot be readily determined which hydraulic condition controls, the basin discharge rate shall be based on the highest possible discharge rating curve with the basin capacity sized to store the excessive storm runoff based on the lowest possible discharge rating curve.

E. Manholes and inlets, when proposed, shall not be spaced more than 400 feet apart. Additionally, manholes shall be placed at points of abrupt changes in the horizontal or vertical direction of storm sewers. Inlets shall be substituted for manholes where they will serve a useful purpose. Inlets shall be located along the curb line and are not permitted along the curb radius at an intersection. For the purpose of inlet placement, curb, gutter, or roadside swale design, depths of stormwater flow shall not exceed 3 inches along the roadway and 1½ inches across streets and all other access drives.

F. Curves in pipes or box culverts without an inlet or manhole are prohibited. Tee joints, elbows, and eyes are also prohibited.

G. Stormwater management pipe collection and conveyance systems shall have a minimum diameter of 15 inches and shall be made of reinforced concrete pipe (RCP), corrugated galvanized metal pipe (CMP), smooth lined high density polyethylene pipe (HDPE) or polyvinylchloride pipe (PVC). Where installation depths exceed 15 feet from ground surface to the crown of the pipe structural calculations that address the actual design requirements will be required.

H. All storm sewer pipe and culverts shall be laid to a minimum depth of 1 foot from finished subgrade to the crown of pipe in paved areas and 1 foot from finished grade to the crown of pipe in grassed areas.

I. All storm sewer pipes, culverts, manholes, inlets, endwalls, and endsections shall be constructed in accordance with Pennsylvania Department of Transportation, Form 408, as amended.

J. Storm sewer pipes, culverts, manholes, inlets, end walls, and end sections proposed for dedication or located along streets shall conform to the requirements of the Pennsylvania Department of Transportation, Bureau of Design, Standards for Roadway Construction, Publication No. 72, in effect at the time the design is submitted, as modified by the adopted Borough construction standards.

K. Inlets shall be depressed 2 inches below the grade of the street gutter or ground surface. Inlets used in ground areas will have their tops installed level. Inlets used along curbed streets shall have their tops installed at a grade equal to the street or curb grade.

L. Where storm sewers exceed 15 percent slope, properly spaced concrete anchors will be used.

M. Stormwater roof drains and pipes shall discharge water into a stormwater runoff dispersion and infiltration control device and not directly into storm sewers or street gutters.

N. All storm pipe, other than culverts for existing channels, which discharge from residential lots to a street or from a street to residential lots shall extend from the street right-of-way a minimum distance of two-thirds the length of the longest adjacent lot dimension.

O. The proposed stormwater discharge at the perimeter of the site shall not be beyond the capacity of any existing, immediately contiguous, stormwater management facility into which it flows.

P. Storm pipes that discharge to a detention or retention basin shall be located as to outlet directly to the basin floor. If located to not directly outlet to the basin floor, measures to prevent erosion in the basin shall be provided and approved by the Borough Engineer.

Q. Endwalls and endsections shall be used where stormwater runoff enters or leaves the storm sewer horizontally from a natural or man-made channel.

R. Storm facilities not located within a public right-of-way shall be centered within an easement having a minimum width of 18 feet plus the top width of a swale or outside diameter of a pipe, or 20 feet, whichever is greater.

8. Design Standards–Erosion and Sedimentation Control.

A. The applicant must comply with the Erosion Control Rules and Regulations of Title 25, Pa.Code, Rules and Regulations, Part I, Department of Environmental Protection, Subpart C. Protection of Natural Resources, Article II, Water Resources, Chapter 102, “Erosion Control,” as amended.

B. The design plan and construction schedule shall incorporate measures to prevent soil erosion and sedimentation.

C. The following principles shall be applied to the design plan and construction schedule to minimize soil erosion and sedimentation.

(1) Erosion and sedimentation controls designed in conformance with the Department of Environmental Protection Erosion and Sedimentation Pollution Control Program Manual shall be implemented during the construction and post-construction periods to prevent soil erosion, sedimentation, and other pollutants from entering streams, lakes, etc.

(2) Natural vegetation shall be retained and protected on all undisturbed areas.

(3) The extent of the disturbed area and the duration of its exposure shall be kept to a minimum. Stockpiles to remain in place longer than 20 days shall be seeded.

(4) lt shall be the applicant’s responsibility during construction to prevent soil pollution to neighboring property, public streets and streams. Soil dropped from construction equipment and sedimentation shall be immediately removed from roads, public and private property, and streams.

(5) Drainage provisions shall accommodate the stormwater runoff both during and after construction.

(6) Soil erosion and sedimentation facilities shall be installed prior to any on-site earth disturbance.

D. The maximum swale, gutter, or curb velocity of stormwater runoff shall be maintained at levels that result in a stable condition both during and after construction. The following are considered characteristics of a stable condition:

(1) It neither aggrades nor degrades the condition of the channel.

(2) The channel banks do not erode to the extent that the channel cross-section is changed.

(3) Sediment bars do not develop.

(4) Erosion does not occur around culverts and bridges or elsewhere.

(5) Gullies do not form or enlarge due to the entry of uncontrolled stormwater runoff.

E. Grass lined channels shall be considered stable if the calculated velocity does not exceed the allowable velocities shown below:

(1) Three feet per second where only sparse vegetation can be established and maintained because of shade or soil condition.

(2) Four feet per second where normal growing conditions exist and vegetation is to be established by seeding.

(3) Five feet per second where a dense, vigorous sod can be quickly established or where water can be temporarily diverted during establishment of vegetation. Jute matting and mulch shall be used for establishing vegetation.

(4) Six feet per second where there exists a well-established high quality sod.

F. Where swale bends occur, the allowable velocities listed above shall be divided by the following factors:

(1) Swale bends 0 to 30 degrees 1.50.

(2) Swale bends 30 to 60 degrees 1.75.

(3) Swale bends 60 to 90 degrees 2.00.

(4) Swale bends 90 degrees and over 2.50.

The method of erosion protection proposed must be supported by design information and/or references.

G. Flow velocities from any storm sewer may not result in a deflection of the receiving channel.

H. Energy dissipators shall be placed at the outlets of all storm sewer pipes, culverts and bridges where flow velocities exceed maximum permitted channel velocities.

9. Design Standards–Best Management Practices (BMP).

A. Best management practices (BMPs) should be implemented in Cornwall Borough in order to protect the Borough’s water quality. BMPs shall be applied to all subdivision and land development plans and other activities regulated by this Chapter.

B. The purpose of these design standards is to provide designers with guidance to meet BMP requirements. This field is in its infancy and modifications will be necessary as new methods become available. Innovations are strongly encouraged in order to meet the objectives at a reasonable cost.

C. The strategy employed avoids the use of performance standards related to effluent standards. Instead, it establishes a suggested long-term storage volume to be provided with any proposed land use. Other design methods are available and may be utilized provided documentation is furnished and reviewed by the Borough Engineer and approved by the Borough Council.

D. General Conditions.

(1) Minimize on-site impervious area.

(a) Preserve natural wooded cover and drainageways on-site.

(b) Pervious surfaces such as porous pavement and gravel are considered BMPs.

(2) Maximize the amount of on-site drainage areas that are directed to BMPs. Minimum accepted area is 70 percent of the site. All impervious areas shall be directed to BMPs.

(3) Minimize directly connected impervious area. Promote natural removal of pollutants using vegetation and soil. Direct impervious area runoff to pervious area. For example:

(a) Roof downspouts to lawns.

(b) Driveways to lawns.

(4) Prevent mixing of off-site and on-site runoff, unless the upstream drainage area is less than 5 percent of the total on-site area.

(5) Delay construction of BMPs until all other land disturbing activities are complete to prevent clogging and the need for maintenance or remedial action.

(6) Incorporate the site’s soil conditions to ensure the maximum life of facility.

(7) Use water tolerant vegetation (orchard and Bermuda grass, perennial rye, fescue, and Reed Canary grass), in swales with slopes of 2 percent or less and where swale dikes are utilized.

(8) Provide a length to width ratio in basins/ponds of at least 2 to 1. The distance between inflow and outflow shall be at least the length of the basin/pond.

(9) Provide proper erosion protection at all pipe outlets.

(10) Utilize underdrains for all ponds.

(11) Size BMP outlets to release water at a rate producing a 36-hour draw down time in addition to normal basin storage draw down time. Orifices should be sized to accomplish this (minimum ½-inch diameter holes). To prevent clogging around a vertical riser, use a cone of gravel or a noncorrosive fine-mesh screen.

(12) Infiltration trenches provided for stormwater management do not require additional storage volume calculations for BMP.

(13) Minimize disturbed project area.

E. System of Controls.

(1) The Cornwall Borough approach to protect water quality is to eliminate the impact of pollutants in stormwater runoff through a system of controls. These controls can be at the source, in the lot, at the site, or at some regional facility. Examples are listed below.

(2) Source Controls. Eliminate the opportunity for pollutants to mix with stormwater runoff.

(a) Street sweeping.

(b) Cover chemical storage areas.

(d) Regular sediment removal from drainage system.

(3) Lot Controls. Prevent the potential for concentrating pollutants and concentrating stormwater runoff.

(a) Eliminate directly connected impervious areas.

(b) Minimize impervious areas.

(d) Utilize infiltration trenches, where applicable.

(e) Utilize porous pavement.

(4) Site Controls. Structural methods required to meet storage volume requirements and water quality objectives.

(a) Grass swales.

(b) Infiltration basins.

(d) Wetlands.

(5) Regional Controls (Drainage Area Greater than 100 Acres). Off-site structural measures for large projects.

(a) Detention basins.

(b) Retention basins.

10. Stormwater Management Districts. The Borough shall comply with the applicable provisions of any watershed stormwater management plans adopted in the future. If the provisions of this Chapter are sufficient to regulate development within the Borough in a manner consistent with the governing watershed stormwater management plan, this Chapter shall be deemed to satisfy the requirements of §11(b) of Act 167 without the necessity of re-enactment.

11. Maintenance of stormwater management facilities and BMP facilities maintenance is an essential part of the successful functioning of a stormwater management system.

A. Maintenance during development of a project shall be the responsibility of the developer and/or landowner and shall usually include, but not be limited to:

(1) Removal of silt from sediment traps when the volume is reduced from 2,000 cubic feet per tributary acre to 1,300 cubic feet per tributary acre (35 percent); and sediment basins when volume is reduced from 7,000 cubic feet per tributary acre to 5,000 cubic feet per tributary acre (28 percent).

(2) Periodic maintenance (after each storm event) of temporary control facilities such as replacement of straw bale dikes, straw filters, silt fence, or similar measures.

(3) Establishment or reestablishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not successfully been established.

(4) Installation of necessary controls to correct unforeseen problems caused by storm events within design frequencies.

(5) The applicant shall be responsible for removal of all temporary measures and installation of permanent measures upon completion of the project.

B. Maintenance of Project after Physical Completion:

(1) It is the purpose of this Chapter that the Borough shall not become responsible for maintenance and supervision of developed areas. Such responsibility falls upon the party responsible for land development who shall remain personally responsible for those areas of the development that are subject to the requirements of this Chapter. This responsibility may be retained or assigned to third persons as is deemed most acceptable to the party responsible for land development. In the event that any portion of land development would, but for the existence of areas requiring maintenance subject to this Chapter, be dedicated to the Borough, the applicant may apply to the Borough Council for acceptance by the Borough of such portions of the land development. In the event that the Borough Council, by formal action, accepts such portions of land development, maintenance and responsibility for such portions shall fall upon the Borough.

(2) It is the intent of this Chapter that the purposes of the Chapter shall be carried out through the exercise of responsibility by private parties, and therefore it is anticipated that control plans shall be developed with the view towards projects which can effectively be contained within the tracts to be owned and maintained by private parties. To foster this purpose, with respect to portions or parts of a project as shown on a plan of a developer or contractor, which portions will not otherwise become part of Borough property, such portions shall become the responsibility of the individual property owners on whose property such portions of a project lie including but not limited to retention ponds, detention ponds, sediment basins, energy dissipators, or grassed waterways. Persons including contractors and developers conveying property of a development to another party, which property contains any portions of a land disturbance plan, after that plan has been established, shall include a specific deed reference to such grantee’s responsibility for the maintenance and care of the portions of such project as are included within said grantee’s conveyed property. The deed reference to such portions shall be in the form of a deed restriction imposing responsibilities upon said property owner for the maintenance of the portions of the project within the boundary lines of said property as may be necessary for proper maintenance of the project in accordance with the terms of this Chapter. Such maintenance shall include the following:

(a) Liming and fertilizing vegetated channels and other areas according to specifications in the “Penn State Agronomy Guide.”

(b) Re-establishment of vegetation by seeding and mulching or sodding of scoured areas or areas where vegetation has not been successfully established.

(c) Mowing as necessary to maintain adequate stands of grass and to control weeds. No stands of grass shall be permitted to exceed 8 inches in height.

(d) Removal of silt from all permanent structures that trap silt or sediment in order to keep the material from building up in grass waterways thus reducing their capacity.

(e) Regular inspection (four times per year) of the areas in question to assure proper maintenance and care.

(f) Removal of silt from all permanent drainage structures, in particular BMPs, in order to maintain the design storage volumes.

(3) The deed restrictions herein above mentioned shall also include notice that in the event the individual property owners should fail to comply with the terms of this Chapter for the maintenance and care of the land in question, Cornwall Borough shall have the authority to carry out those duties hereby imposed upon individual property owners. The Borough may, after giving notice to an individual property owner that he is not properly maintaining the areas subject to this Chapter, and by making demand that such compliance shall be made within 30 days, enter upon said private property and take such actions as may be required to bring the area into compliance with this Chapter. The Borough shall further have the right to file a municipal lien against such property for the cost of maintenance work carried out under this Section. The Borough shall, in addition to the filing of a municipal lien, have any other remedies provided by law against any property owner who should fail to comply with the terms of this Chapter.

(4) Stormwater management facilities existing on the effective date of this Chapter on individual lots, which have not been accepted by the Borough or for which maintenance responsibility has not been assumed by a private entity such as a homeowners association, shall be maintained by the individual property owners. Such maintenance shall include at a minimum those items set forth in paragraph .B above. If the Borough determines at any time that any permanent stormwater management facility has been eliminated, altered, blocked through the erection of structures or the deposit of materials, or improperly maintained, the Borough may determine that such condition constitutes a nuisance and shall notify the property owner of corrective measures which are required, and provide for a reasonable period of time, not to exceed 30 days, within which the landowner shall take such corrective action. If the property owner does not take the required corrective action, the Borough may either perform the work or contract for the performance of the work and bill the property owner for the cost of the work plus a penalty of 10 percent of the cost of the work. lf such bill is not paid by the property owner within 30 days, the Borough may file a municipal claim against the property upon which the work was performed in accordance with applicable laws.

(5) Where the Borough Council accepts dedication of all or some of the required stormwater management facilities following completion, the Borough Council may require the posting of financial security to secure structural integrity of said facilities as well as the functioning of said facilities in accordance with the design and specifications as depicted on the approved stormwater management plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be the same type as required with regard to installation of such facilities, and the amount of the financial security shall not exceed 15 percent of the actual cost of installation of said facilities.

12. Permanence of Stormwater Management Facilities. No person shall modify, remove, fill, landscape, or alter stormwater management facilities and/or BMP facilities which may have been installed on a property unless a stormwater management plan approval has been obtained to permit such modification, removal, filling, landscaping or alteration. No person shall place any structure, fill, landscaping, or vegetation into a stormwater management facility, a BMP facility or within a drainage easement.

(Ord. 2008-2, 6/9/2008, §507)

§13-508 Sewage Disposal.

Sewage disposal facilities shall be designed and constructed to meet the needs of the proposed subdivision or land development. Sewage disposal facilities shall also meet all requirements of Pennsylvania Department of Environmental Protection, the Borough, and the Borough Council. The following requirements specify the design and installation standards for on-site sewage disposal and public and private sewerage systems.

A. On-Site Sewage Disposal. All subdivisions and land developments proposing on-site sewage disposal shall be designed and submitted in compliance with the prevailing requirements of the Pennsylvania Sewage Facilities Act, 35 P.S. §750.1 et seq. It is the intent of this Section to coordinate a simultaneous review of subdivision and land development plans with sewage planning modules at the Borough level, thereby avoiding the approval of lots that are not suitable for sewage disposal. In accordance with those standards, application for subdivision or land development approval shall satisfy the following procedural requirements.

(1) Minor Subdivision/Land Developments. The subdivider shall submit the sewage planning module and required associated information to the Sewage Enforcement Officer at the time of final plan application. The subdivision or land development plan shall not be processed until documentation is provided to verify that the Sewage Enforcement Officer has received the sewage-planning module. All newly created lots, whether for immediate or future use, shall be tested and approved for sewage suitability.

(2) Major Subdivision/Land Developments. The subdivider shall submit a preliminary plan depicting general lot layout and street design, as required elsewhere herein. After preliminary approval, the subdivider shall submit the required sewage planning module and associated information to the Sewage Enforcement Officer at the time of final plan application. The subdivision or land development plan shall not be processed until documentation is provided to verify that the Sewage Enforcement Officer has received the sewage planning module.

(3) The Borough Council will approve on-site sewage disposal systems only when the Borough Sewage Enforcement Officer and/or a sanitarian of DEP shall certify that both an initial location and a replacement location for the onsite sewage disposal system are present on each lot.

(a) The replacement location shall be of a size and capacity to allow complete abandonment of the initial system in the event of failure.

(b) The replacement location shall be protected from traffic and no filling or excavation shall be allowed within its boundary.

(c) The standards for installation of the replacement system shall be as required by DEP at the time of its construction.

(4) Subdivisions not utilizing a conventional on-site sewage disposal system which propose to use alternate on-site sewage disposal systems will not be approved by the Borough Council unless:

(a) The Borough Sewage Enforcement officer and/or a sanitarian of DEP certifies that a proposed sewage disposal site cannot reasonably be located so as to enable the lot to utilize a conventional on-site sewage disposal system.

(b) The lot itself cannot reasonably be redesigned or relocated consistent with the Borough Zoning Ordinance [Chapter 14] and other Borough regulations so as to enable utilization of a conventional on-site sewage disposal system.

(5) Preliminary Hydrogeologic Studies.

(a) Policy. It is the policy of this provision to protect and preserve the quality and quantity of groundwater in Cornwall Borough. This Policy provides for the review of preliminary hydrogeologic studies in conjunction with the Borough’s Act 537 Official Sewage Facilities Plan, in order to establish a range of appropriate densities and other methods to meet the goals of the water policy. Therefore, all applications proposing uses that would rely upon on-lot sewage disposal systems shall require the preparation of a preliminary hydrogeologic study with the submittal of the appropriate planning module for land development.

(b) Content of Studies. Where required, preliminary hydrogeologic studies shall consist of the following minimum considerations:

1) A topographic map indicating the location of the site, any proposed on-site sewage disposal systems and wells. Narrative descriptions of the types of these systems shall also be furnished.

2) A description of the geologic conditions on and around the site that would affect the groundwater recharge rate and the degree of groundwater renovation. Such conditions can include, but need not be limited to, closed depressions, sinkholes, high water table conditions, springs, lineaments, faults, outcrops of bedrock, soil mottling, surface drainage into the ground, ghost lakes, and similar hydrogeological features.

3) A map and narrative description of the area that will be impacted from the proposed use of on-lot sewage disposal systems. Such analysis will consider and identify the system’s dispersion plumes and mixing zones, which shall be calculated from the surface topography and known geologic conditions. The analysis will then describe anticipated water quality/quantity impacts to areas located down gradient and/or along any geologic strike or fault. These anticipated impacts should also consider existing and potential land uses located within the affected area.

4) Should it be determined that the proposed use(s) would result in a degradation of surface or groundwater quality, or impair the potential use of nearby properties, the study shall present measures that can be employed to mitigate these adverse impacts.

(c) The results of these feasibility studies, tests, and reported well yield shall be filed with the Borough and added to its official well data and mapping. This data will be used by the Borough in assessing sewage disposal need as part of the Borough’s process for reviewing planning modules for development.

B. Existing Public Sewers. When a subdivision or land development has public sewers available on-site or within 1,000 feet of the site, connection to public sewer is required. Sewer lines shall be included on the subdivision or land development plan and installation must be approved by the Borough Council responsible for the sewer system.

(1) If there are no connections available within 1,000 feet of the proposed subdivision or land development, the distance from the project to the nearest point in the public sewer system shall be shown.

(2) Certification shall be provided from the public sewer utility provider that capacity exists to accommodate the needs of the proposed subdivision or land development if connection to the public sewer system is proposed.

C. Planned Sewer Area. When a proposed subdivision or land development is located in an area not presently served by public sewers, but which has received design data preparatory to sewer system installation within 18 months, then the Borough shall determine the necessity of installing house connections and/or capped mains, even though on-site facilities will be required in the interim. Installation of house connections and capped mains shall be in accordance with Borough design data approved by the Borough Engineer prior to approval of a preliminary or final plan.

D. Private Sewerage System. When a subdivision or land development is to be provided with a private sewage system, a statement shall be submitted to the Borough Council from the Pennsylvania Department of Environmental Protection verifying that a permit has been issued approving the proposed facilities. Additionally, the Borough must be satisfied that adequate provisions have been made to guarantee the construction and maintenance of the proposed private sewage system.

E. Plan Notice.

(1) Subsurface Sewage Disposal. All subdivision and land development plans shall contain a plan note specifying that approval of the plan does not guarantee permit issuance for sewage disposal.

(2) Public Sewers. All subdivision and land development plans shall contain a plan note specifying that connection to public sewer lines is required.

(Ord. 2008-2, 6/9/2008, §508)

§13-509 Water Supply.

A water supply system shall be designed and constructed by the subdivider or developer as required by the Borough or water authority in relation to the specific site of the proposed subdivision or land development. The water supply system shall be capable of meeting the needs of the proposed use(s). When possible, the subdivision or land development should be served by a public water supply system approved by Borough water officials or a community water system approved by the Pennsylvania Department of Environmental Protection. If the subdivision or land development is to be supplied by a public or community water system, the subdivider or developer shall submit a written certification, commitment, or evidence that the Borough water company or authority or the association of lot owners or private company, as applicable, has adequate water capacity and has agreed to provide water service.

A. If the water supply system proposed is a non-public system involving (1) the utilization of water obtained from the tract being subdivided or developed and (2) the proposed withdrawal of 10,000 gallons per day or more, that water supply source will be evaluated using the following criteria:

(1) The net groundwater recharge on the specific tract in question will exceed the anticipated water usage during drought conditions. The net recharge shall be estimated by a certified professional geologist, and shall, at a minimum, be calculated by accounting for the volumes of water related to:

(a) The amount of impervious cover.

(b) A detailed estimate of stormwater runoff and retention.

(d) An estimate of water consumed in processing or for other than processing.

(e) An estimate of water exported in a product, by a wastewater treatment system, or other means.

(f) The base flow component for the site, estimated for a one in 10-year drought, as determined by the USGS using the site’s position in the watershed.

(2) The installation of the proposed water system(s) shall not adversely impact surface water or the riparian rights of adjacent landowners, nor shall the proposed water use lower the groundwater table in the area so as to endanger or decrease the adequacy of water supplies currently available, or which may be necessary in the future, for by-right uses on properties adjacent to the proposed project.

(3) Water supplies must be potable and meet all applicable standards of the DEP, and the United States Environmental Protection Agency.

B. To evaluate the adequacy of the water supply subject to the requirements of paragraph .A above to meet the needs of the proposed use, feasibility studies must be conducted by a certified professional geologist and incorporate the following:

(1) A groundwater availability study that demonstrates:

(a) Sufficient water to supply occupants based upon the number of bedrooms in the proposed dwelling(s). For conservative planning purposes, determining the consumptive use of each dwelling shall be based upon the specifications of 25 Pa.Code §73.17 (see Appendix 13-17). The daily per capita sewage flow specified in §73.17 shall be increased by 20 percent to provide for water uses that are not included in the DEP specified sewage flow.

(b) Sufficient water to supply the maximum number of occupants for any nonresidential application. Commercial and nonresidential applications shall specify their per capita or daily water needs based upon their maximum water needs, by adding 20 percent to the per capita sewage flow indicated for the particular use as specified in §73.17 or in a standard technical reference document (see Appendix 13-18).

(c) Sufficient water supply as certified by a qualified professional geologist. A demonstration of adequacy for any other applications shall be made by a qualified professional geologist, based on estimated consumption. The supply shall be adequate to meet the peak daily flow of the proposed development, assuming a combination of well yield and storage sufficient to meet peak withdrawal rates for concurrent multiple uses.

(d) Sufficient Water Supply in Drought Conditions. For all intended uses, the water supply shall be adequate to meet basic residential or nonresidential needs in the event of drought conditions with either a one in 10-year recurrence potential, if such data is available, or with a 90-day no recharge event.

(2) An analysis of water quality which will demonstrate through adjacent property sampling or through on-site wells that the water source will meet DEP and United States Environmental Protection Agency water quality standards. At a minimum, testing should analyze nitrate-nitrogen, nitrite-nitrogen, total coliform, fecal coliform, pH and lead, but possible contamination by past activity in the area would necessitate testing for specific hazardous substances. If the raw water supply exceeds DEP/EPA standards for the parameters listed, then appropriate water treatment will be required prior to use.

C. Hydrogeologic studies for nonpublic water systems subject to the requirements of paragraph .A above shall consist of the following minimum considerations:

(1) A topographic map indicating the location of the site, any proposed on-site sewage disposal systems and possible locations for wells. Narrative descriptions of the types of these systems shall also be furnished.

(2) A description of the geologic conditions on and around the site that would affect the groundwater recharge rate and the degree of groundwater renovation. Such conditions can include, but need not be limited to, closed depressions, sinkholes, high water table conditions, springs, lineaments, faults, outcrops of bedrock, soil mottling, surface drainage into the ground, ghost lakes, and similar hydro geological features.

(3) A map and narrative description of the area that will be impacted from the proposed use of on-lot sewage disposal systems. Such analysis will consider and identify the system's dispersion plumes and mixing zones, which shall be calculated from the surface topography and known geologic conditions. The analysis will then describe anticipated water quality/quantity impacts to areas located down gradient and/or along any geologic strike or fault. These anticipated impacts should also consider existing and potential land uses located within the affected area.

(4) Should it be determined that the proposed use(s) would result in a degradation of surface or groundwater quality, or impair the potential use of nearby properties, the study shall identify the measures to be employed to eliminate these adverse impacts.

D. The results of these feasibility studies, tests, and any reported well yield(s) shall be filed with the Borough and added to its official well data and mapping. Copies shall also be forwarded to the Pennsylvania Topographic and Geologic Survey and to the Susquehanna River Basin Commission. This data will be used by potential developers and the Borough in assessing the need for additional well testing as part of the Borough’s process for reviewing conservation plans and planning modules for land development.

E. In those cases where a public or community water system is not available or practical, a well shall be provided for each lot. Wells shall not be within 100 feet of any part of the absorption field of any on site sewage disposal system and they shall not be placed within 50 feet of lakes, streams, ponds, quarries, etc.

F. Subdivision and land development plans shall contain a plan note specifying the source of water supply. Plans proposing the use of public or community water shall contain a note specifying that connection to the public or community water line, as applicable, is required. Plans proposing the use of individual wells shall contain a note specifying that the lot(s) has not been tested for the availability of water adequate quality or quantity and no guarantee of water availability is provided.

(Ord. 2008-2, 6/9/2008, §509)

§13-510 Streets, Private Streets, and Driveways.

1. Classification and General Design Goals.

A. Proposed streets shall conform to Borough and State street and highway plans as have been prepared, adopted and/or filed as prescribed by law.

B. Streets shall be designed with consideration to both existing and planned streets. All streets shall be arranged to conform as closely as possible to the original topography. New streets shall be connected with streets of similar function, to form continuations thereof. Local streets shall be laid out to discourage use by through traffic. Streets shall be laid out to provide convenient and safe access to the property. The rigid rectangular street pattern need not be adhered to; the use of curvilinear streets may be provided when their use will result in a more desirable layout. Where a development abuts an existing or proposed arterial or collector street, the Borough Council may require the use of reverse frontage lots or such other treatment that will provide protection for abutting properties, reduce the number of intersections with the major street and separate the local and through traffic.

C. Streets shall be logically related to the topography so as to produce, satisfactory drainage and suitable building sites.

D. Half streets, or streets centered upon a boundary line of a tract to be subdivided are prohibited. All plans shall be designed to provide for the entire right-of-way and cartway widths.

E. When existing stub streets, temporary cul-de-sac streets or dedicated or platted areas reserved for future street usage join the tract to be developed, they shall be extended into the site and made part of the proposed street layout. Where a temporary cul-de-sac is being extended, the bulb shall be reconstructed to Borough street specifications, any existing sidewalk extended through the area and the remaining areas shall be regraded and seeded.

F. The extension of existing streets that are presently constructed with a cartway different from current Borough standards shall be provided with a transition area, the design of which is subject to Borough approval.

G. All existing streets at the perimeter and/or through the development shall be improved according to Borough or PennDOT specifications:

(1) If an existing street lies at the perimeter of the development, it shall be improved to the centerline of the street.

(2) If an existing street lies through the development, it shall be improved to the full width of the street as required by Borough or PennDOT specifications and design standards.

H. When the proposed development requires construction within an existing street right-of-way, such as sewer, water, or stormwater lines, the Borough may require construction of a new wearing course along the frontage and/or disturbed area.

I. If lots resulting from original subdivision are large enough to permit resubdivision or if a portion of the tract is not subdivided, adequate rights-of-way for streets and other required improvements shall be reserved as necessary to permit further subdivision and be reflected in the Borough Official Map.

J. As a minimum, all new streets shall be graded to the right-of-way line. All cut and fill banks shall not exceed a maximum of 3 to 1 slope.

K. Streets shall be designed to preclude or minimize the need for guide rail. The Borough may, however, require guide rail to be placed for protection on embankments when a barrier is indicated as warranted in Design Manual, Part 2, “Highway Design,” by PennDOT, January 1990 edition, as amended. The design and selection of guide rail shall generally be in accordance with the standards in Design Manual, Part 2, “Highway Design,” January 1990 edition, as amended, however, the Borough shall approve all guide rail systems.

L. Streets that are extensions of or obviously in alignment with existing streets shall bear the names of the existing streets. Street names shall not be repeated within the Borough and all street names shall be subject to the approval of the Borough. Notice that the proposed new street names are acceptable shall be submitted prior to final plan approval.

M. Street name signs shall be installed at all intersections and their design shall be approved by the Borough. All signing shall identify both intersecting streets. Regulatory signs shall be installed at all locations identified by a traffic circulation study prepared by the developer. Standard traffic signs shall be approved by the Borough, and shall be supplied and installed in accordance with Borough regulations; PennDOT Publication 68, “Official Traffic Devices”; and the MUTCD, Manual on Uniform Traffic Control Devices, FHWA.

N. All proposed streets shall be offered for dedication. Where a waiver of this Section is granted by the Borough, all private streets shall conform to the requirements of subsection .8.

O. Street Classifications.

(1) Arterials/Highways. Function primarily for the movement of fast traffic between points of heavy traffic generation. They shall be planned for continuation of existing streets in the system at the same or greater width in accordance with adopted Borough standards. Such streets shall contain as few intersections as possible.

(2) Collector Streets. Function to collect traffic from local streets and distribute it into arterials, and, as such, they will normally contain a relatively large number of intersections with local streets and few with main streets. A collector street system may be required wherever a residential neighborhood near an arterial is over 150 acres in area or where the local street pattern is so designed as to converge and serve over 500 one-family dwellings, or 100 multi-family units. Collector streets shall be planned for continuity and to lead more or less directly to one or more focal points or centers or traffic generation, and may become bus routes.

(3) Local Streets. Provide direct access to each lot and function to allow traffic to circulate toward the principal directions of travel, bus routes, schools and playground; however, the design shall discourage through and high speed traffic. The traffic pattern shall be indirect and yet continuous to prevent through traffic, formed of straight, moderately winding, curved, looped, or angular streets formed of straight, moderately winding, curved, looped, or angular streets. Tee-intersections shall be an underlying systematic neighborhood pattern; however, gridiron, and other rigid geometrical patterns should be avoided where possible. The street pattern shall include extensions to the boundaries of the development to provide circulation between adjoining neighborhoods.

(4) Cul-de-Sac Streets. Provide direct access to properties from other streets. Ordinarily, a cul-de-sac is a short street with only one outlet and having an appropriate terminal for safe and convenient reversal traffic movement. Drainage should be towards the open end. If drainage is towards the closed end it shall be conducted away in an underground storm sewer.

(5) Alleys. Provide access between a street and off-street parking facilities for two or more dwelling units or nonresidential properties. Alleys provide secondary access to lots. Alleys are on the same level as a local street, and are used in cases of narrow lot frontages. No parking is generally permitted and alleys are designed to discourage through traffic. Alleys may also be designed as one-lane streets.

2. Horizontal Alignment.

A. Horizontal street alignments shall be measured along the centerline. Horizontal curves shall be used at all angle changes greater than 1 degree.

B. The centerline of the street cartway shall correspond with the centerline of the street right-of-way.

C. Plans with street locations along the perimeter of a property shall be required to show building setback lines and clear site triangles within the adjacent properties. Written permission from the affected adjacent landowner shall be provided prior to preliminary plan approval.

D. There shall be a tangent of at least 100 feet between reverse curves for all local and collector streets.

E. Horizontal curve centerline radii shall be designed in coordination with vertical geometry, subject to the approval of the Borough Engineer. Generally, however, the minimum acceptable centerline radii shall be 150 feet.

3. Vertical Alignment.

A. Vertical curves shall be used in all changes of grade in excess of 1 percent.

B. The following minimum and maximum vertical grades shall be used:

	Maximum	Minimum
Arterial street	State highway standards	1%
Collector street	8%	1%
Local street	10%	1%
Cul-de-sac	10%	1%
Alley	10%	1%
At all intersections, 60 ft. each side	2%	1%

C. The minimum length of vertical curve for all streets shall be 75 feet.

D. Notwithstanding the above minimum length of vertical curve, the actual length of vertical curve shall be based on the formula L = KA; where “L” is the minimum length of curve in feet, “K” is the length of vertical curve per percent change in “A,” and “A” is the algebraic difference in grade (in percent). Values for “K” shall be based on the following criteria:

Design Speed (in miles per hour)	“K” Crest Vertical Curves	“K” Sag Vertical Curves
20	10	20
25	20	30
30	30	40
35	45	50
40	70	70
45	100	90
50	150	110
55	220	130

4. Cul-de-Sacs.

A. The centerline distance of permanent cul-de-sac streets shall be greater than 250 feet in length and shall not exceed 1,500 feet in length. Cul-de-sacs also shall serve a maximum of 12 lots or dwelling units. The length of the cul-de-sac street shall be measured from the centerline intersection of the intersecting street to the center of the cul-de-sac turn-around. Permanent cul-de-sac streets must be provided with a paved turn-around with a minimum diameter of 100 feet to the outside curb and of 120 feet to the street right-of-way.

B. Unless future extension is clearly impractical or undesirable, the turn-around right-of-way shall be placed adjacent to the tract boundary with sufficient additional width provided along the boundary line to permit extension of the street at full width.

C. Temporary cul-de-sac streets shall not exceed 2,000 feet in length.

D. Where an adjacent stub street in an existing development is not proposed for extension as a through street, a cul-de-sac shall be constructed in compliance with Borough standards.

E. Drainage of cul-de-sac streets shall preferably be toward the open end. If drainage is toward the closed end, water shall be conveyed away in an underground storm sewer or by other means approved by the Borough. The minimum grade on cul-de-sacs shall be designed to ensure a minimum of 1 percent along the curb line to the designed low points.

F. Temporary cul-de-sacs shall be constructed within the right-of-way for a future street extension.

G. All permanent cul-de-sacs shall be designed with a snow removal easement at the terminus. The easement shall extend outward from the street right-of-way and be a minimum of 50 feet in width and 10 feet in depth. The easement shall be centered on the projected centerline of the street. The final plan shall contain a note stating that the easement shall be maintained as open space and no improvements or obstructions such as driveways, mailboxes, fences, hydrants, or landscaping shall be permitted.

H. Cul-de-sacs shall also be designed to accommodate the future extension of water and sewer lines.

5. Street Intersections.

A. Intersections involving the junction of more than two streets are prohibited.

B. The centerline of streets opening onto the opposite sides of existing or proposed streets shall be directly opposite from each other. When this is physically impossible, the distance between centerlines shall be no less than 150 feet between centerlines, measured along the centerline of the street being intersected.

C. Intersections with arterial or collector streets shall be located not closer than 1,000 feet, measured from centerline to centerline, along the centerline of the arterial or collector street being intersected.

D. Streets shall be designed to intersect as nearly as possible at right angles (90 degrees). No street shall intersect another at less than 75 degrees. An oblique street should be curbed approaching an intersection and should be at right angles for at least 100 feet therefrom.

E. The cartway edge at street intersections shall be rounded by a tangential arc with a minimum radius of 20 feet for local streets or lanes and 30 feet for intersections involving arterial and collector streets. The right-of-way radii at intersections shall be substantially concentric with the edge of the cartway. The Borough may require larger radii based on the largest design vehicle using the intersection.

F. All streets intersecting a State highway shall be subject to the approval of PennDOT. A PennDOT highway occupancy permit will be required prior to any construction involving a PennDOT right-of-way.

G. There shall be provided and maintained at all intersections a clear sight triangle with a line of sight between points of 100 feet from the intersection of the centerlines for collectors and 75 feet for local roads. Clear sight triangles shall be indicated on all plans. No building or other obstruction that would obscure the vision of a motorist shall be permitted within these areas.

H. Proper safe stopping sight distance shall be provided with respect to both horizontal and vertical road alignments at all intersections. Sight distance at street intersections shall be such to provide the sight distance in accordance with current PennDOT criteria.

(1) Appendix 13-20 depicts stopping sight distance for selected speeds. The sight distances in Appendix 13-20 apply for roadway grades in whole numbers from positive 13 percent to negative 13 percent along with speeds from 15 to 60 miles per hour in increments of 5 miles per hour. The designer may use this table in lieu of the above formula.

(2) Inadequate Sight Distance Remedies. If it is impossible to achieve required safe stopping sight distance in both directions the Borough may:

(a) Prohibit left turns by entering or exiting vehicles.

(b) Require alteration of the horizontal or vertical geometry of the roadway or access; all such work shall be at the expense of the applicant.

(d) Require installation of a separate left turn standby lane.

(e) Deny access to the roadway.

6. Future Rights-of-Way.

A. Future rights-of-way are rights-of-way reserved for future street extension into adjoining tracts. They shall be designed in conformance with the design requirements of a street, and the contiguous parcels must contain proper setbacks and sight distances.

(1) The area within the future right-of-way shall be included within the deeds to the abutting lots with an easement in favor of the Borough and land owners of the land into which the future right-of-way will extend to permit the use of the future right-of-way for public street purposes should the adjoining lands be developed. Reserved rights-of-way are permitted only when they will be no longer than the depth of one lot. For lengths longer than one lot a fully constructed stub street and temporary cul-de-sac will be required.

(2) The landowners of the lots in which the future right-of-way is included shall have the duty to maintain the area included within the future right-of-way and this duty shall be indicated in a note on the final plan and in all deeds to such lots.

(3) The landowners of the lots in which the future right-of-way is included shall have no obligation concerning the improvement of such future right-of-way for street purposes.

(4) Landowners adjacent to rights-of-way reserved for future use shall not provide primary access to their property from the future right-of-way. Structure frontage and primary access shall be from the adjacent street.

7. Right-of-Way and Cartway Widths.

A. The minimum street rights-of-way and cartway widths for new streets shall be as follows:

Street Classification	Right-of-Way Width	Streets w/o Curbs (allowed by waiver only)		Street Width with Curbs
Street Classification	Right-of-Way Width	Paved Cartway Width	Improved Shoulder Width (each)	Street Width with Curbs
Arterial Streets	Subject to PennDOT requirements
Collector Streets	60 ft.	34 ft.	8 ft.	34 ft.
Local Streets*	50 ft.	26 ft.	4 ft.	30 ft.
Cul-de-sac Streets	50 ft. (120 ft. at turnaround)	26 ft. (100 ft. at turnaround	4 ft.	26 ft.
Alleys**	18 ft.	12 ft.		N/A
* Pavement width shall be increased where on-street parking is planned or lots average 80 feet or less in width. ** Cartway width dependent on one- or two-way traffic.

8. Private Streets. Private streets shall meet all the design standards for public streets as required by this Chapter. Applications that propose a private street shall be by an agreement that shall be recorded with the Recorder of Deeds as part of the final plan. This agreement shall establish the conditions under which the street will be constructed and maintained, as well as conditions controlling an offer of dedication, and shall stipulate:

A. That the street shall be constructed and maintained to conform to the provisions of this Chapter.

B. The method of assessing maintenance and repair costs.

C. That an offer for dedication of the street shall be made only for the street as a whole.

D. That the owners of the abutting lots will include with any offer of dedication sufficient funds, as estimated by the Borough, to restore the street to the prevailing standards.

E. That an agreement by the owners of 51 percent of the front footage thereon shall be binding on the owners of the remaining lots.

9. Driveways.

A. Driveways shall be located as to provide minimum safe stopping sight distance at intersections with streets and shall not be located within any required clear sight triangle in accordance with subsection .5. Access shall be provided to the street of lesser classification when there is more than one street classification involved. Driveways shall not interfere with the normal traffic movement or be inconsistent with the design, maintenance and drainage of the street. Driveway locations shall be delineated on all plans.

B. Single-family residential driveways shall have a minimum width at the street right-of-way of 10 feet and a maximum width at the street right-of-way of 20 feet. The number of driveway entrances per dwelling shall be one. The Borough Council may grant additional driveway entrances if severe topographic conditions exist and the width of the lot exceeds 150 feet at the street right-of-way.

C. Common driveways cannot be proposed in a plan.

D. When a proposed driveway has access to an arterial or collector street, the Borough may require the use of a turn-around area to prevent vehicles from backing onto the street.

E. All private driveways shall have, for a distance of 30 feet from the street right-of-way, a maximum gradient of 8 percent.

F. Driveway grades shall not exceed 15 percent slope. The Planning and Zoning Commission may require paving of driveways exceeding 10 percent slope to minimize erosion.

10. Access Drives.

A. The cartway of all access drives shall be constructed in accordance with subsection .14.F and §13-511.1.I.

B. Access drives do not require a specific right-of-way; however, the following standards for cartway width shall apply:

Number of Lanes	Cartway Width
Three lanes	36 ft.
Two lanes	24 ft.
One lane	12 ft.

C. The vertical and horizontal alignments of access drives shall conform to subsections .2 and .3, respectively.

D. Access drive intersections shall conform to the specifications for streets as stated in subsection .5.

E. Access drives shall be located a minimum of 10 feet from side or rear property lines and a minimum of 20 feet from buildings/structures.

F. Access drives shall be subject to the identical maintenance related items as outlined for alleys in subsection .11.

11. Alleys.

A. Alleys shall have the following characteristics:

(1) A property that utilizes an alley shall maintain frontage along a public or private street.

(2) An application that proposes alleys shall be accompanied by an agreement which shall be recorded with the final plan and which shall establish the conditions under which the alleys will be maintained.

(3) The final plan, for recordation with the Recorder of Deeds shall include a plan note that identifies (a) the specific alleys (b) the recorded maintenance agreement, and (c) a notification that the alleys do not qualify for dedication to the Borough and that the Borough will not assume any responsibility for their maintenance.

B. The cartway of all alleys shall be constructed in accordance with subsection .14.F. of this Chapter.

(1) The vertical and horizontal alignments of alley shall conform to the specifications for local streets as stated in subsections .2 and .3, respectively.

(2) Alleys and their intersections shall conform to the specifications for local streets as stated in subsections .5 and .7.

(3) Alleys that form a cul-de-sac shall not exceed 400 feet in length, measured from the centerline intersection of a street or private street that is not a cul-de-sac. Alley cul-de-sacs that do not terminate in a parking compound shall be provided at the terminus with a fully paved turn-around. The turn-around shall be designed in accordance with one of the following methods:

(a) An 80-foot paved diameter.

(b) T-shaped turn-around with a 12-foot width and the flared portions rounded by minimum radii of 20 feet.

1) The emergency access shall be improved so that emergency vehicles may safely transverse it and shall be indicated on the plans.

2) The emergency access shall be acceptable to the providers of emergency services within the Borough. Applicants proposing to provide emergency access shall submit evidence of such approval.

(4) All alleys shall be privately maintained. The plan shall contain a note that shall state that the alley shall not be offered for dedication and shall be privately maintained.

(a) If an alley is to be for the common use of two or more properties, the applicant shall provide for the maintenance of such alley. The applicant shall provide for private maintenance through the formation of a homeowners association or through the setting forth of the maintenance responsibilities in easements in the deeds to the lots that have the right to use the alley. If a homeowners association is formed, a document setting forth the maintenance responsibilities of such association and the right of such association to assess lots within the development shall be recorded at the same time as the final plan is recorded. All such documents shall be in a form acceptable to the Borough Solicitor.

(b) All persons who shall purchase a lot abutting or having the right to use an alley shall be given a copy of the final plan, and, if a homeowners association has been formed, shall be given a copy of all such documents relating to the maintenance responsibilities of such homeowners association.

(5) All alleys and associated parking areas shall be located outside the minimum required rear yard and side yard setbacks.

12. Emergency Access Requirements. All subdivisions or land developments contributing more than 300 vehicle trips per day–either initially or cumulatively–shall be provided with at least two separate and distinct means of access to the subdivision or land development.

A. Access may be provided through the location of two or more streets each of which intersects with an existing public street. Such streets shall meet all the requirements of this Chapter concerning design and construction.

B. Access for a land development may be provided through two or more access drives into the land development. Such access drives shall be separated by a distance of at least 150 feet and shall comply with all requirements of this Chapter and the Zoning Ordinance [Chapter 14].

C. If the applicant is unable to provide access to the subdivision or land development through two or more streets or access drives, an emergency access shall be provided.

(1) The emergency access shall be improved so that emergency vehicles may safely transverse it and shall be indicated on the plans.

(2) The emergency access shall be acceptable to the providers of emergency services within the Borough. Applicants proposing to provide emergency access shall submit evidence of such approval.

(3) The emergency access may be located so that access to the subdivision or land development is gained from a public street at a location unsuitable for regular access with an existing public street.

(4) The emergency access may be located so that access is gained from an adjacent tract. For example, a subdivision or land development adjoining a parking lot of another use may provide emergency access through a point with a break chain. Applicants with plans indicating emergency access through an adjoining private tract shall provide evidence that the adjoining property owner has consented to such emergency access location.

13. Street Lights. Poles or standards for street lights, with underground “parkway cable” service lines shall be installed by the subdivider, when required by the Borough Council, located in the right-of-way and shall be approved by the Borough Council as to type and location along each right-of-way not more than 250 feet apart and at all intersections.

14. Street Construction Standards.

A. Streets and rights-of way shall be improved to meet Borough standards. The requirements contained herein are provided as said standards.

B. It shall be the developer’s responsibility to satisfy all applicable Borough construction requirements and design standards, or in lieu thereof, deposit a security in compliance with Article 6 of this Chapter and established Borough policies. All public and private streets shall meet the following standards:

(1) Adequate surface and subsurface drainage shall be provided.

(2) All topsoil shall be removed from the area to be paved.

(3) There shall be installed a base to consist of 6 inches of rolled 3A modified stone or, in the alternative, an 8-inch base of rolled shale, under the paved surface of the cartway and a minimum of 4 inches of compacted shale or stone shall be installed on the shoulder of the road which shall extend 4 feet minimum on both sides of the cartway.

(4) The base course shall be constructed of minimum 2½ inches ID-2 binder course (or 3 inches of ID-3, at the discretion of Borough Council) in accordance with the Commonwealth of Pennsylvania, Department of Transportation, Manual, Form 408. Equivalent Superpave materials may be substituted for ID-2 with Borough Engineer approval.

(5) The surface course shall be constructed of minimum 1½ inches ID-2 wearing course in accordance with the Commonwealth of Pennsylvania, Department of Transportation, Manual, Form 408. Equivalent Superpave materials may be substituted for ID-2 with Borough Engineer approval.

(6) Alley and Access Drive Construction. All alleys and all portions of access drives located within any street right-of-way shall be constructed to meet the following minimum standards:

(a) Crushed aggregate base course with a minimum thickness of 6 inches, as specified in PennDOT Specifications, Form 408, and its latest revisions.

(b) The bituminous surface shall consist of a minimum of 1½ inches of ID-2 binder course and 1 inch ID-2 wearing course. Equivalent Superpave materials may be substituted for ID-2 with Borough Engineer approval. Material shall be equal or superior to PennDOT Specifications Publication 408/90, as amended, and shall be applied in accordance with those same specifications.

(7) All paving seams, including at curbs, inlets and manholes, shall be sealed using AC-20 or equivalent.

(Ord. 2008-2, 6/9/2008, §510)

§13-511 Vehicular Parking Facilities, Sidewalks, and Curbs.

1. Parking Areas. Off-street vehicular parking facilities shall be provided in accordance with the Borough Zoning Ordinance [Chapter 14].

A. Parking compound dimensions shall be no less than those listed in Appendix 13-19.

B. Buffer planting shall be provided for parking compounds and access drives which are adjacent to residential properties and public right-of-ways. The buffer planting area shall be at least 15 feet wide. Buffer planting shall be installed in accordance with §13-515. Buffer plantings shall not restrict sight distances.

C. Where parking compounds are designed for more than 10 spaces, no less than 5 percent of the total area must be landscaped and continually maintained. Planting along the perimeter of a parking compound, whether for required screening or general beautification, will not be considered as part of the 5 percent parking area landscaping. The internal planting areas shall contain appropriate natural ground cover and a minimum of one tree, as specified in §13-515, for each 10 parking spaces, or portion thereof. The Borough Council may reduce the required minimum internal planting area where the proposed overall landscape contains additional perimeter and/or internal trees.

D. No portion of a parking compound will be permitted within 10 feet of side or rear property lines and 20 feet from street right-of-way lines.

E. Not less than 5-foot radius of curvature shall be permitted for horizontal curves in parking areas.

F. All dead-end parking lots shall be designed to provide sufficient back-up area for all end stalls.

G. Painted lines, arrows, and dividers shall be provided and maintained to control parking when necessary to direct vehicular circulation.

H. Lighting. Adequate lighting shall be provided if the parking lot is to be used at night. The lighting shall conform to the requirements of the Cornwall Borough Outdoor Lighting Ordinance [Chapter 10, Article 4].

I. All parking compounds and portions of access drives not located within street rights-of-way shall be paved to meet the following minimum standards:

(1) Crushed aggregate base course with a minimum thickness of 6 inches, as specified in PennDOT Specifications, Form 408 and its latest revisions.

(2) A bituminous surface consisting of no less than 2 inches of ID-2. Equivalent Superpave materials may be substituted for ID-2 with Borough Engineer approval. Material shall be equal or superior to PennDOT Specifications Publication 408/90, as amended, and shall be applied in accordance with those same specifications.

2. Sidewalks.

A. The Borough shall require installation of curbs and sidewalks in any subdivision and land development as provided herein. Sidewalks are required to provide access to and/or within a commercial, industrial or community facility. Sidewalks that are provided as part of such nonresidential facilities shall be designed and constructed to service the projected pedestrian needs. All public areas shall be designed barrier free in accordance with applicable Federal and State standards including, but not limited to, the Americans with Disabilities Act. Appropriate details shall be provided on the plans.

B. Sidewalks shall be installed on both sides of all streets in residential and nonresidential subdivisions and land developments as herein specified. Sidewalks shall be located, if possible, within the street right-of-way line.

C. Sidewalks shall be installed to the dimensions and construction standards of the Borough’s specifications for curb and sidewalks, as amended (see Appendix 13-18).

D. Grass planting strips shall be located between all sidewalks and curbs, in accordance with the Borough’s specifications for curb and sidewalks, as amended (see Appendix 13-18).

3. Curbs.

A. Curbs shall be required along all proposed streets in subdivisions; along all proposed streets and alleys in land developments; and along all existing streets in and abutting both subdivisions and land developments. The developer shall submit the location and grade of all curbs to the Borough for consideration.

B. Curbs shall be installed to the dimensions and construction standards of the Borough’s specifications for curb and sidewalks, as amended (see Appendix 13-18).

C. Standard straight curb shall be required along all State highways and along all Borough streets. Other types of curbing are not permitted unless matching an existing condition or a waiver is requested and granted by Borough Council.

(Ord. 2008-2, 6/9/2008, §511)

§13-512 Survey Monuments and Markers.

1. Permanent concrete monuments shall be accurately placed along at least one side of each street at the beginning and end of all curves and at all angles.

2. At least one monument shall be placed for every two lots or every 200 feet of streets, whichever requirement is less.

3. Markers shall be set at the points where lot lines intersect curves and/or other property lines.

4. Monuments shall be of concrete, with a flat top having a minimum width or diameter of 4 inches and a minimum length of 30 inches. Cast-in-place or precast concrete monuments shall be marked with center punch mark in a ¾-inch copper or brass dowel. Metallic markers shall consist of Copperweld bars at least 30 inches along and not less than ¾-inch in diameter. Alternative monumentation methods will be at the discretion of the Borough Engineer. All monuments shall be inscribed with a proper inscription indicating the name of the surveyor responsible for the survey.

5. All monuments and markers shall be placed by a registered engineer or surveyor so that the scored or marked point shall coincide exactly with the point of intersection of the lines being monumented or marked.

6. All existing and proposed monuments and lot line markers shall be delineated on the final plan.

(Ord. 2008-2, 6/9/2008, §512)

§13-513 Other Utilities.

1. All other utility lines including, but not limited to, electric, gas, street light supply, cable television and telephone shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the public utility concerned.

2. In accordance with the provisions of Act 178, 73 P.S. §176 et seq., all developers, contractors, etc., shall contact all applicable utilities and accurately determine the locations and depth of all underground utilities within the boundaries of the tract proposed for development, prior to excavation. A list of the applicable utilities and their telephone numbers shall appear on the plans submitted for review.

3. There shall be a minimum distance of 50 feet, measured in the shortest distance, between any proposed dwelling unit and any petroleum, petroleum products or natural gas transmission line that traverses the subdivision/land development.

4. Petroleum products or natural gas transmission lines shall be located in a 50-foot minimum right-of-way. Unless the pipeline company requires a greater width, the subdivider/developer shall provide a 50-foot right-of-way for all such existing transmission lines within the subdivision/land development.

(Ord. 2008-2, 6/9/2008, §513)

§13-514 Easements and Rights-of-Way.

Easements with a minimum width of 20 feet with 5 feet additional added per utility use shall be provided for poles, wires, conduits, storm and sanitary sewers, gas, water, and heat main and/or other utility lines intended to service the abutting lots. No structures or trees shall be placed within such easements. Easements and right-of-ways shall meet the following standards:

A. To the fullest extent possible, easements shall be adjacent to property lines.

B. Easements shall be centered on or adjacent to rear or side lot lines.

C. Nothing shall be placed, planted, set, or put within the area of an easement that would adversely affect the function of the easement or conflict with the easement agreement. This requirement shall be noted on the final plan and shall be included in all deeds for lots that contain an easement.

D. Pedestrian walkways shall have a minimum right-of-way width of 10 feet, and contain sidewalk in accordance with §13-511.2 of this Chapter.

E. Utility easements shall have a minimum width of 20 feet, and all utility companies are encouraged to use common easements. Plans shall include, by reference or detailed description, provisions to ensure compliance with all authority or utility company restrictions.

F. The applicant shall reserve easements where stormwater or surface water drainage facilities are existing or proposed, whether located within or beyond the boundaries of the property. Easements shall have a minimum width of 20 feet and shall be adequately designed to provide area for (1) the collection and discharge of water, (2) the maintenance, repair and reconstruction of the drainage facilities, and (3) the passage of machinery for such work. The easements shall clearly identify who has the right-of-access and responsibility of maintenance. This requirement shall be noted on the final plan and shall be included in all deeds for lots that contain an easement.

G. Where any petroleum or petroleum product transmission line traverses a subdivision or land development, the applicant shall confer with the applicable transmission or distribution company to determine the minimum distance that shall be required between each structure and the centerline of such petroleum or petroleum product transmission line. Additionally, the Borough will require, with the final plan application, a letter from the owner of the transmission line stating any conditions on the use of the tract that shall contain the above.

H. Where a subdivision or land development is adjacent to or traversed by a water course, drainageway, channel, or stream, there shall be provided a drainage easement conforming substantially to the line of such water course, drainageway, channel or stream of such width as will be adequate to preserve the unimpeded flow from a 100-year design rainfall.

I. When a subdivision proposes multi-family attached dwellings, such as townhouses, the plans shall include an access easement along the front and rear property lines of all units, and side property lines of the end units, to allow all lot owners within the unit access to front and rear yards. The access easement shall have a minimum width of 6 feet. This requirement shall be noted on the final plan and shall be included in all deeds for lots that contain the easement.

J. Field delineated wetlands shall be provided with an easement.

K. Replacement locations for on-site sewage disposal systems shall be provided with an easement.

(Ord. 2008-2, 6/9/2008, §514)

§13-515 Landscaping and Screening.

1. Landscaping.

A. Any part or portion of a nonagricultural site where landscaping is required and which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be planted and maintained with landscaping.

B. Except for agricultural uses and single-family detached, single-family semi-detached, two-family detached dwellings and two-family semi-detached dwellings, any part or portion of a site which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be landscaped according to an overall plan, prepared and approved as part of a land development plan required under this Chapter.

2. Ground Cover. Ground cover shall be provided on all areas of the project to prevent soil erosion. All areas that are not covered by paving, stone, or other solid material shall be protected with a maintained vegetative growth. Ground cover shall conform to the standards and recommendations of the American Association of Nursery Men, Inc., in the American Standard for Nursery Stock, as amended.

3. Planting Strip. All commercial, industrial, and nonresidential uses, but excluding agricultural uses, shall be separated from all side and rear property lines and all street right-of-way lines by a planting strip. The planting strip may be included in the required yard space and shall be based on the following criteria:

A. The planting strip shall be a minimum of 10 feet wide, measured from the property line or street right-of-way line.

B. Said planting strip shall be planted in grass, shrubbery, trees, or other plant material, but in no case shall these areas be paved or covered by an impervious surface.

C. Said planting strip shall only be broken by approved entrances or exits.

D. Accessory buildings or structure shall be permitted within a planting strip provided they conform to the specific requirements of this Chapter.

E. Exceptions.

(1) No planting strip is required along a rear property line when the rear property line abuts a public alley.

(2) No planting strip is required along a side and/or rear property line where the adjacent owners have a written agreement, suitable to the Borough Council, waiving the side and/or rear yard setbacks relating to parking facilities along their abutting property line(s).

(3) No planting strips are required on lands in agricultural production.

4. Screening.

A. Screening requirements shall be applicable under the following circumstances:

(1) Where a proposed commercial, industrial, or institutional use abuts an existing residential use or residential district.

(2) Where any proposed multi-family residential use abuts an existing single-family detached, single-family semi-detached, two-family detached or two-family semi-detached dwelling.

(3) Any other instances where screening is required by this Chapter or by the Borough.

B. Screening shall comply with the following requirements:

(1) Trees and shrubs used for screening shall consist of at least 75 percent evergreen trees and shrubs and shall be so arranged as to provide an immediate visual screen of 50 percent.

(2) Plant materials used in the screen planting shall be at least 6 feet in height when planted and be of a species that will produce a complete visual screen of at least 8 feet in height at maturity.

(3) All trees shall have a minimum trunk diameter of 2½ inches at a height of 6 inches above finished grade.

(4) No plantings shall be placed with their center closer than 5 feet from the property line of the tract.

(5) All existing trees within the required planting strip above 3 inches in caliper and/or 8 feet in height shall be preserved wherever possible.

(6) When additional height is deemed necessary, an additional row of deciduous trees with calipers of not less than 2½ inches shall be planted within the screening area at intervals of not more than 40 feet on center.

(7) Vegetative screening shall incorporate earthen mounds or berms, wherever possible, to improve sound as well as visual buffering, and shall be broken at points of vehicular or pedestrian access.

(8) Screening design, including the type of plant materials used, spacing of plant materials, and the use and location of earthen berms, shall be subject to review and approval by the appropriate reviewing agency.

(9) Vegetative screens shall be perpetually maintained during the period the principal use causing the need for screening is in operation. Any plant material that does not survive shall be replaced within 6 months.

(10) Walls, ornamental structures, fences and berms, or a combination of these, not less than 5 feet in height may be used in combination with appropriate plant material subject to the specific land use areas involved and as approved by the appropriate reviewing agency.

(11) Innovative means of screening are encouraged; however, as a guideline to quantity of materials required, there shall be a minimum of one tree for each 12 lineal feet of property line.

(12) Screening shall be designed so as to not obstruct the clear-sight triangles at intersections.

C. Exceptions.

(1) No screening along a rear property line is required when the rear property line abuts a public alley.

(2) No screening is required along a side and/or rear property line where the adjacent owners have a written agreement, suitable to the Borough Council, waiving the side and/or rear yard setbacks relating to parking facilities along their abutting property line(s).

5. Off-Street Parking Areas. Except as modified elsewhere in this Chapter, the following shall apply to the landscaping and screening of off-street parking areas:

A. Any off-street parking lot perpendicular to and within 100 feet of a public street or intersection shall be screened with a hedge, berm, or other measure to prevent distraction or confusion from parking car’s headlights.

B. No parking lot shall be located closer to a building than 10 feet to allow adequate room for landscaping.

C. No more than 25 parking spaces shall be placed in a continuous row without an intervening planting island of at least 10 feet in width and the length of the parking stall.

D. A minimum of 10 percent of any parking lot facility over 2,000 square feet in gross area (measured from the outside edge of paving to outside edge of paving) shall be devoted to landscaping. This landscaping shall include a minimum of one tree per 20 parking spaces and all planting beds within a parking lot shall be surfaced in lawn or ground cover planting.

E. For any land use where the total number of parking spaces exceeds 100 stalls, the parking area shall be divided by continuous islands perpendicular to the spaces every 130 feet (130 feet assumes four rows of parking at 20-foot length and two aisles at 25-foot width). These divider islands shall be a minimum of 10 feet wide.

F. Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot line of a lot in any residential district, the said parking lot shall be screened from such adjoining lot by a wall, fence, or hedge. Such screening shall be not less than 3 or more than 8 feet in height.

G. Whenever a parking area of over five spaces is located across the street from other land in any residential district, it shall be screened from the view of such land by a hedge, wall, or fence located along a line drawn parallel to the street and a distance of 20 feet therefrom; such screening to be interrupted only at points of ingress and egress. Such screening shall be not less than 3 feet or more than 8 feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street.

6. Service, Loading and Trash Disposal Areas.

A. All service, delivery, loading, and outdoor storage and trash disposal areas shall be screened from all residential districts, public streets, parking lots, and pedestrian walkways.

B. These areas shall be totally screened from the above-listed places by the use of fences, walls, berms, evergreen plant material, or a combination of these, not less than 6 feet in height.

7. All mechanical equipment not enclosed in a structure shall be fully and completely screened in a matter compatible with the architectural and landscaping style of the remainder of the lot.

8. Buffer Planting for Reverse Frontage Lots. Buffer planting shall be provided along the rear of reverse frontage lots. Parking and building are prohibited within the buffer area. The use of the buffer area for accessways shall be limited. Buffer areas shall include a suitable and uninterrupted evergreen planting of a minimum height of 36 inches (at the time of planting) and sufficient density to give maximum screening. Such screening shall be permanently maintained and replaced where necessary to present an attractive appearance.

9. Street Trees. Street trees shall be required by the Borough with the following standards:

A. The trees shall be nursery grown in a climate similar to that of the locality of the project. Varieties of trees shall be subject to the approval of the Borough.

B. All trees shall have a normal habit of growth and shall be sound, healthy and vigorous; they shall be free from disease, insects, insect eggs, and larvae.

C. The caliper of the trunk, measured at a height of 6 inches above finished grade, shall be a minimum of 2 inches.

D. Trees shall be planted between the street right-of-way line and the building setback line except where the Borough has authorized placement of trees within the street right-of-way. The tree growth shall not interfere with the street cartway, sidewalk, or utility line.

E. All planting shall be performed in conformance with good nursery and landscape practice including proper guying and staking.

F. Requirements for the measurements, branching, grading, quality, balling, and burlapping of trees shall follow the code of standards recommended by the American Association of Nurserymen, Inc., in the American Standard for Nursery Stock, ANSI Z60, 1-1973, as amended.

G. Street trees shall be provided with each subdivision and/or land development plan and spaced not less than 40 feet or more than 60 feet apart along each street frontage.

H. Street trees shall be subject to the review and approval of the Borough of Cornwall.

I. Street trees shall be selected from the following species, or equivalent with Borough approval:

Acer rubrum cultivars	Red Maple
Aesculus x cornea	Red Horsechestnut
Cladrastus lutea	American Yellowwood
Fraximus pennsylvania cultivars	Green Ash
Ginkgo biloba (males only)	Ginkgo
Gleditsia triancanthos inermis cultivars	Thornless Honey Locust
Liquidambar styraciflua	Sweet Gum
Nyssa sylvatica	Black Tupelo
Quercus acutissima	Sawtooth Oak
Quercus phellos	Willow Oak
Quercus rubra	Red Oak
Sophora japonica	Japanese Pagoda Tree
Tilia cordata	Littleleaf Linden
Tilia x euchlora	Crimean Linden
Tilia tomentosa	Silver Linden
Zelkova serrata cultivar	Japanese Zelkova
Pyrus calleryana Redspire	Redspire Pear

(Ord. 2008-2, 6/9/2008, §515)

§13-516 Refuse Collection (Dumpster) Stations.

1. Outdoor collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided.

2. Collection stations shall be located so as to be separated adequately from habitable buildings to avoid being offensive, but at the same time be convenient for both collectors and residents and shall be screened and/or landscaped adequately so as to continue the aesthetic characteristics of the surrounding neighborhood. The Borough shall determine if the proposed screening is adequate.

3. Collection stations shall be so constructed as to prevent the escape of refuse by wind, water or other natural elements and prevent animals, rodents, etc., from entering.

(Ord. 2008-2, 6/9/2008, §516)

§13-517 Stripping, Piling, Replacement, or Removal of Topsoil.

Initial construction on the subdivision or land development site shall consist of stripping and piling of topsoil from all areas planned to be disturbed. Upon completion of other construction, the entire amount of topsoil stripped shall be replaced on the subdivision or land development site. No topsoil shall be disposed of, by sale or otherwise, off the site of the subdivision or land development without approval of the Borough Engineer. Subsoil may be disposed at the option of the subdivider/developer.

(Ord. 2008-2, 6/9/2008, §517)

§13-518 Public Dedication of Park and Open Space Land.

Each subdivision and land development plan shall include the mandatory dedication of park and open space land, consistent with the provisions of this Section.

A. Consistent with the standards of the Cornwall Borough Recreation, Park and Open Space Plan, the amount of park and open space land required to be dedicated shall equal at least 10 acres of park land per 1,000 residents, or .026 acres of land per residential lot or equivalent residential dwelling unit. No dedication of land (or payment of a fee in lieu of dedication of land) shall be required for subdivisions involving existing dwelling units where (1) no new dwelling units are proposed or (2) no new buildable lots are created.

B. The land reserved and dedicated to the Borough for park and open space usage shall be a single lot, which shall comply with the requirements of this Chapter, the Cornwall Borough Zoning Ordinance [Chapter 14], and the following specific requirements:

(1) The land must be a minimum of 5 acres in size (unless the intended use is for a special use park or linear park development).

(2) The land, where feasible, shall be in such a location that additional adjacent land abutting two or more boundary lines shall be undeveloped, and available for purchase by the Borough for the expansion of the recreation area, and of such character (terrain, topography, physical features, etc.) that the adjacent land can reasonably be developed into a park or recreational land which assessment and determination shall be made by the Borough Council.

(3) The land shall be easily and safely accessible for vehicles, pedestrians and/or bicycles.

(4) A maximum of 15 percent of the tract may consist of floodplain, wetland, steep slopes, utility easements or rights-of-way, or other features that otherwise render the lots undevelopable for its intended recreation use.

(5) The tract shall have accessibility to utilities including water, sewer, and power, unless deemed unnecessary by the Borough for the intended park facility development such as a greenway/linear park development.

(6) The tract shall not contain stormwater facilities designed to detain or retain stormwater for another site.

C. Where Borough Council determines that because of size, shape, location, access, topography, or other physical features of the land, that it is impractical to dedicate land to the Borough or set aside a recreation area as required by paragraph .A above, the Borough Council shall require a payment of a fee-in-lieu of such land which shall be payable to the Borough prior to the recording of each final plan and shall be in an amount equal to the percentage of the total number of dwelling units for each phase. The fee-in-lieu of land may be adjusted from time to time by resolution of Borough Council. The fees collected hereunder shall be utilized by the Borough for recreational purposes and shall be administered in accordance with §503(11) of the Pennsylvania Municipalities Planning Code, 53 P.S. §10503(11).

D. A fee authorized under this Section shall, upon its receipt by the Borough, be deposited in an interest bearing account. Interest earned on such an account shall become funds in that account. Funds from such accounts shall be expended to acquire land and/or design and construct recreation facilities.

E. Upon agreement by the developer, the Borough may accept the construction of recreational facilities, the payment of fees-in-lieu thereof, the private reservation of land for recreational purposes, the dedication of land located in other areas of the Borough, or a combination of the above. The Borough may also grant credits of recreation fees-in-lieu of dedication in exchange for the construction of recreational facilities and/or the dedication of additional park and open space land beyond that which is required to be dedicated land in accordance with paragraph .A. In no event, however, shall credits of recreation fees-in-lieu of dedication of recreation land be utilized for other than future residential lots subdivided by the developer, its successors or assignees.

F. If the developer proposes the private reservation of land, through either the inclusion of such land as common elements of a condominium or planned community as contained in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. §3101 et seq. or the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. §5101 et seq., then such documentation shall be recorded, and shall provide that the land cannot be further developed. Furthermore, the Borough shall be granted the rights to maintain the land as set forth in Article VII of the Municipalities Planning Code, 53 P.S. §10701 et seq., dealing with the maintenance of common open space in planned residential developments. Notwithstanding the foregoing, the developer may request that the Borough Council approve a transfer of the land to an organization dedicated to the conservation of natural resources with deed restrictions preventing further development acceptable to the Borough Solicitor.

G. The landowner shall enter into an agreement with the Borough setting forth the fees to be paid, the facilities to be constructed, or the land to be privately reserved and the method of its maintenance. All such agreements shall be executed prior to final plan approval.

(Ord. 2008-2, 6/9/2008, §518)

Article 5Design Standards