Article 4
Plan Requirements
§13-401 Sketch Plan.
Sketch plans may be drawn by the landowner, subdivider, or developer, or by his engineer, surveyor, or agent and should include sufficient data to make a discussion with the Borough Planning and Zoning Commission meaningful. Sketch plans shall contain the following information drawn legibly to scale but not necessarily showing precise dimensions:
A. Tract boundaries accurately labeled with the name(s) of adjacent landowner(s) and adjacent plan(s) of record.
B. Name and address of the developer (if applicable) and landowner.
C. Name of the individual and/or the firm that prepared the plan.
D. Name of the municipality in which the subdivision/land development is located.
E. North point, scale (written and graphic), and date.
F. Name of proposed subdivision or other identifying title.
G. Significant topographical and physical features including bodies of water, quarries, floodplains, soil types, and tree masses and existing vegetation, structures, and suspected wetlands (as determined from the Lebanon County Soil Survey, National Wetland Inventory Maps, or DEP).
H. Proposed general street and lot layout.
I. A location map with sufficient information to enable the location of property.
J. Statement of total acreage of the tract being subdivided or developed.
K. Proposed land use. If several land uses are proposed, the location of each land use shall be indicated.
L. Statement explaining the methods of water supply and sewage disposal to be used.
(Ord. 2008-2, 6/9/2008, §401)
§13-402 Preliminary Plan.
Preliminary subdivision plans and/or land development plans shall be prepared by a registered professional. Such plans shall be prepared in accordance with the Engineer, Land Surveyor, and Geologist Registration Law, 35 P.S. §148 et seq., except that this requirement shall not preclude the preparation of a plan in accordance with the Landscape Architects’ Registration Law, 63 P.S. §901 et seq., when it is appropriate to prepare the plan using professional services as set forth in the definition of the “practice of landscape architecture” under §2 of that Act, 63 P.S. §902. The preliminary plan shall show, be accompanied by, or be prepared in accordance with the following:
A. Drafting Standards.
(1) The preliminary plan shall be clearly and legibly drawn by a registered professional, to a scale of 1 inch equals 50 feet or larger, except that:
(a) If the average size of the proposed lots in the subdivision is 2 acres or larger, the plan may be drawn to a scale of 1 inch equals 100 feet.
(2) Dimensions shall be in feet and decimals; bearings shall be in degrees, minutes and seconds. Lot line descriptions shall read in a clockwise direction.
(3) The survey shall not have an error of closure greater than 1 foot in 10,000 feet.
(4) Preliminary plans and all submitted prints thereof shall be made on sheet from 18 inches by 24 inches to 24 inches by 36 inches. If the plan is prepared in two or more sections, a key map showing the location of the sections shall be placed on each sheet. If more than one sheet is necessary, each sheet shall be the same size and numbered to show the relationship to the total number of sheets in the plan (e.g., Sheet 1 of 5).
(5) Plans shall be legible in every detail.
B. Location and Identification.
(1) The proposed project name or identifying title.
(2) Name of the municipality or municipalities in which the project is located, including the location of any municipal boundaries if located within the vicinity of the tract.
(3) The name and address of the owner of the tract (or his authorized agent), the developer/subdivider, and the firm that prepared the plans.
(4) The file or project number assigned by the firm that prepared the plan, the plan date and the date(s) of all plan revisions.
(5) A north arrow, graphic scale, and written scale.
(6) The entire existing tract boundary with bearing and distances. In the case of lot annexation plans, the boundary of the receiving tract shall also be identified as a deed plotting and may be drawn at any legible scale.
(7) The total acreage of the entire existing tract.
(8) The location of existing lot line markers along the perimeter of the entire existing tract.
(9) A key map for the purpose of locating the property being subdivided/developed drawn at a scale not less than 1 inch equals 800 feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries, zoning districts, water courses, and any areas subjected to flooding, and recorded subdivision/development plans existing within 1,000 feet of any part of the property. Where applicable, the approximate distance to the nearest existing street shall be shown. A scale and north point shall be indicated.
(10) Source of title, deed, book, page, plan book (if applicable), and tax map number.
C. Existing Features.
(1) Contour lines at vertical intervals of at least 2 feet for land with average natural slope of 4 percent or less, and at intervals of at least 5 feet for land with average natural slope exceeding 4 percent. Contour interval may be adjusted based upon horizontal scale with concurrence of the Borough Engineer.
(2) Locations and elevation of the datum to which contour elevations refer shall be the closest USC&G established benchmark, or an established benchmark approved by the Borough Engineer.
(3) The names of all adjacent landowners; both adjoining and across existing rights-of-way, along with the deed book, page, plan book (if applicable), and tax map number of all previously recorded plans for adjacent properties.
(4) The following items when located within 200 feet of the subject tract:
(a) The location, names, and dimensions of existing rights-of-way and cartways for private or public streets, alleys, and driveways.
(b) The location and size of the following features and related rights-of-way: sanitary sewer mains, water supply mains, fire hydrants, buildings, and stormwater management facilities.
(c) The location of existing rights-of-way for electric, telephone, cable TV, gas and oil transmission lines, and communications towers.
(d) Significant man-made or natural features such as floodplains, watercourses, quarry sites, solid waste disposal areas, historic structures, cemetery or burial sites, or wooded areas.
(5) The following items when located within the subject tract:
(a) The location, name, and dimensions of existing rights-of-way and cartways for streets, alleys, and driveways.
(b) The location and size of the following features and related rights-of-way: sanitary sewer mains, water supply mains, fire hydrants, and stormwater management facilities.
(c) The location of existing rights-of-way for electric, telephone, cable TV, gas and oil transmission lines, and communications towers.
(d) The size, capacity, and condition of the existing stormwater management system and any other facility that may be used to convey storm flows.
(e) The location and size of existing on-lot sewage systems and wells.
(f) All existing buildings or other structures and the approximate location of all existing tree masses, rock outcrops, water, or other significant features.
(g) The location of wetlands and subsequent data or information required by §13-407 of this Chapter.
(h) Other features required to be shown to comply with the conservation plan mapping requirements §13-408 of this Chapter.
D. Plan Information.
(1) The layout of streets, alleys, and sidewalks, including cartway and right-of-way widths, any conditions governing their use, and suggested types (i.e., collector, major, minor, etc.).
(2) The layout of lots with approximate dimensions.
(3) Block and lot numbers in consecutive order (e.g., Block “A,” Lots 1 through 10; Block “B,” Lots 11 through 22).
(4) The location and configuration of proposed buildings, parking compounds, streets, alleys, driveways, curbs, sidewalks, street lights, street signs, fire hydrants, common open space, recreational areas, and all other significant planned facilities.
(5) Total number of lots, units of occupancy, density, and proposed land use. If a multiple land use is proposed, the location of each land use shall be indicated.
(6) Easements and rights-of-way. All easements or rights-of-way where provided for or owned by public services shall be shown and accurately identified on the plan, and easements shall either be shown or specifically described on the plan. Easements should be located in cooperation with the appropriate public utilities in accordance with Pennsylvania Act 287, 73 P.S. §176 et seq. The names, addresses, and telephone numbers of affected utilities shall be listed on the plan.
(7) Building setback lines and building envelope.
(8) Identification of buildings to be demolished.
(9) Typical street cross-section for each proposed public or private street and typical cross-section for any existing street that will be improved as part of the application. Each cross-section shall include the entire right-of-way width.
(10) Profiles along the centerline of cartway (pavement) of each proposed public or private street including corresponding centerline stationing. Such profiles shall show existing and proposed grades.
(11) The design of any proposed sanitary sewer mains and water supply mains and facilities. This information shall include the size, vertical location, and horizontal location, if applicable.
(12) Stormwater management and erosion and sediment control data and plans designed in accordance with §13-507 of this Chapter. This information may be provided on a sheet with other data or on separate sheets and need not necessarily be recorded with the final plan
(13) Proposed street names.
(14) Where the proposed subdivision or land development is located partially or wholly within an area prone to frequent flooding (either by impoundment or conveyance) as indicated by the flood insurance rate map profiles and supporting data, soil type, or local historical record; the developer shall supply the location and elevation of all proposed roads, fills, utilities, buildings, stormwater management, and erosion control facilities.
(15) Location of all percolation test holes, deep probe holes, and proposed well locations.
(16) Easements for the on-lot sewage replacement locations.
(17) Easements around delineated wetlands.
(18) Clear sight triangles and stopping sight distances for all intersections as described in §13-510.6.G and .H of this Chapter shall be shown on the plan.
(19) Parks, playgrounds, and other areas proposed to be dedicated or reserved for public use with any condition governing such use.
(20) Preliminary designs of any bridges or culverts that may be required. Such designs shall meet all applicable requirements of the DEP, PennDOT and other applicable agencies. Calculations for waterway opening shall be included. All designs shall be subject to approval by the Borough.
(21) A statement on the plan indicating any special exception, conditional use or variance, if applicable, related to the property, along with a copy of any Zoning Hearing Board or Borough Council decision, so that any conditions imposed will be readily evident.
(22) A listing on the plan identifying all waivers of the requirements of this Chapter requested by the subdivider/developer. The listing should be specific and refer to the particular Section of this Chapter for which waiver is being requested.
(23) A table indicating the existing zoning district, total tract area, required lot size, required setbacks, required maximum and/or minimum development density, maximum building height and number of lots in the proposed subdivision along with the proposals for each of these parameters.
(24) A statement of the intended use of all lots, with reference to restrictions of any type which exist or will exist as covenants in the deed for the lots contained in the subdivision and, if covenants are recorded, including the deed book and page number.
(25) Where a preliminary plan shows the proposed subdivision or land development of only a part of the landowner’s total property, a sketch shall be required showing the prospective street system in the remainder of the property so that the street system in the submitted portion shall be considered in relation to future connections with the unsubmitted portion. To prevent undue hardship in the case of extremely large properties, the Borough Planning and Zoning Commission may, based on existing natural or man-made features, delineate the area for which a prospective street system shall be sketched.
(26) In case of a preliminary plan calling for the installation of improvements beyond a 5-year period from preliminary plan approval or any approved time extension thereof, a schedule shall be provided delineating all proposed sections as well as deadlines within which applications for final plan approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plan approval, until final plan approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the Borough Council at its discretion. Failure of the landowner to adhere to the aforesaid schedule of submission of final plans for the various sections shall subject any such section to any and all changes in zoning, subdivision, and other governing ordinance enacted by the Borough subsequent to the date of the initial preliminary plan submission.
(27) Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25 percent of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Borough Council in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plan approval, including compliance with landowner’s aforesaid schedule of submission of final plans for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within 5 years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said 5-year period the aforesaid protections shall apply for an additional term or terms of 3 years from the date of final plan approval for each section.
E. Certificates, Notifications, and Reports.
(1) Certificates. The following certificates shall be included on the plan:
(a) Certificate of review by the Borough Planning and Zoning Commission (see Appendix 13-8).
(b) Certificate of review by the County Planning Department.
(c) Certificate for approval by the Borough Council with space for the signatures of members (see Appendix 13-5).
(d) Certificate, signature, and seal of the surveyor registered in the Commonwealth of Pennsylvania to the effect that the survey is correct (see Appendix 13-2).
(e) Certificate, signature, and seal of a professional registered in the Commonwealth of Pennsylvania and qualified to perform such duties, to the effect that the plan is correct (see Appendix 13-1).
(f) Certificate, signature, and seal of a professional registered in the Commonwealth of Pennsylvania and qualified to perform such duties, indicating compliance with the provisions of §13-507 of this Chapter (see Appendix 13-3).
(g) A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the landowner, certifying that the subdivision or land development shown on the plan is the act and the deed of the owner; that all those signing are all the owners of the property shown on the survey and plan; that they desire the same to be recorded as such, and that all streets and other property identified as proposed public property are dedicated for public use (see Appendix13-4). This must be dated following the last change or revision to said plan.
(2) Notifications. The following notifications shall be included on the plan:
(a) Where the tract described in the application includes any public utility, electric transmission line, gas pipeline, or petroleum product transmission line located within the tract, the applicant or lessee of such right-of-way shall notify the owner of the right-of-way of his intentions. A note stating any conditions regarding the use of the land, minimum building setback or right-of-way lines shall be included on the plan. This requirement may also be satisfied by submitting a copy of the recorded agreement.
(b) Where the land included in the subject application has an agricultural, woodland or other natural resource easement located within the tract, the application shall be accompanied by a letter from the party holding the easement stating any conditions on the use of the land. This requirement may also be satisfied by submitting a copy of the recorded easement.
(3) Reports. The following reports shall be submitted with the plan:
(a) A hydraulic report and erosion and sedimentation narrative as required by §13-507 of this Chapter.
(b) A preliminary conservation plan as described in §13-408 of this Chapter.
(c) A water and sewer feasibility report as described in §13-405 of this Chapter.
(d) A preliminary traffic impact study as described in §13-406 of this Chapter.
(e) A wetland report as described in §13-407 of this Chapter.
F. Filing Fee. The preliminary plan shall be accompanied by a check or money order drawn to the order of the Borough in an amount specified on the fee schedule adopted by the Borough Council.
(Ord. 2008-2, 6/9/2008, §402)
§13-403 Final Plans.
Final subdivision and/or final land development plans shall be prepared by a registered professional licensed to practice in the Commonwealth of Pennsylvania. The final plan shall be accompanied by, or prepared in accordance with the following:
A. Drafting Standards. The same standards shall be required for a final plan as specified for a preliminary plan in §13-402.A of this Chapter.
B. Location and Identification. The same standards shall be required for a final plan as specified for a preliminary plan in §13-402.B of this Chapter.
C. Existing Features. The same standards shall be required for a final plan as specified for a preliminary plan in §13-402.C of this Chapter.
D. Plan Information.
(1) Complete description of the centerline and right-of-way line for all new streets, whether public or private, and alleys. This description shall include distances to the nearest 1/100 of a foot and bearings to the nearest 30 seconds with curve segments comprised of radius, tangent, arc, and chord.
(2) Lot lines with accurate bearings to the nearest 30 seconds, distances to the nearest 0.01 of a foot, and lot areas for all parcels. Curve segments shall be comprised of arc, chord, bearings, and distances. Along existing street rights-of-way the description may utilize the existing deed lines or street centerlines; along all proposed street rights-of-way, the description shall be prepared to the right-of-way lines.
(3) Block and lot numbers in consecutive order (e.g., Block “A,” Lots 1 through 10; Block “B,” Lots 11 through 22).
(4) The location and configuration of proposed buildings, parking compounds, streets, alleys, driveways, recreational areas, and all other significant planned facilities shall be shown.
(5) Total number of lots, units of occupancy, density, and proposed land use. If a multiple land use is proposed, the location of each land use shall be indicated.
(6) Easements and Rights-of-Way. All easements or rights-of-way where provided for or owned by public services shall be shown and accurately identified on the plan, and easements shall either be shown or specifically described on the plan. Easements should be located in cooperation with the appropriate public utilities in accordance with Pennsylvania Act 287, 73 P.S. §176 et seq. the names, addresses, and telephone numbers of affected utilities shall be listed on the plan.
(7) Building setback lines and building envelope.
(8) Identification of buildings to be demolished.
(9) Typical street cross-section for proposed public or private streets and alleys and a typical cross-section for any existing street that will be improved as part of the application. Each cross-section shall include the entire right-of-way width.
(10) Final vertical and horizontal alignment for proposed public or private streets and alleys, sanitary sewer, and water distribution systems. All street profiles shall show at least the existing (natural) profile along the centerline, proposed grade at the centerline and the length of all proposed vertical curves for streets. All water distribution and sanitary sewer systems shall provide manhole locations and size and type of material. This information may be provided on separate sheets and is not subject to recording with the final plans.
(11) Final stormwater management and erosion and sediment control data and plans designed in accordance with §13-507 of this Chapter. This information may be provided on a sheet with other data or on separate sheets and need not necessarily be recorded with the final plan. In the case of any dispute in the methodology used in the design of any stormwater management plan and/or in the presentation of such information, the Borough Council shall make the final determination on the design criteria, methodology, and form of presentation.
(12) Final street names and street addresses (house numbers).
(13) Where the proposed subdivision or land development is located partially or wholly within an area prone to frequent flooding (either by impoundment or conveyance) as indicated by the flood insurance rate map (profiles), soil type or local historical record; the applicant shall supply the location and elevation of all proposed roads, fills, utilities, buildings, stormwater management, and erosion control facilities.
(14) Location, elevation, and material of all permanent monuments and lot line markers. All monuments and lot markers shall be set prior to final plan approval.
(15) A detailed grading plan. The grading plan shall include finished grades and ground floor elevations. This information may be provided on separate sheets and is not subject to recording with the final plans.
(16) Location of all percolation test holes, deep probe holes, and proposed well locations.
(17) Easements for the on-lot sewage replacement locations.
(18) Easements around delineated wetlands.
(19) In the case of a plan which requires access to a highway under the jurisdiction of the Department of Transportation, the inclusion of the following plan note:
“A Highway Occupancy Permit is required pursuant to §420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the ‘State Highway Law,’ before access to a State highway is permitted. Access to the State highway shall be as authorized by a Highway Occupancy Permit, and the Borough Council approval of this plan in no way implies that such a permit can be acquired.”
(20) Clear sight triangles and stopping sight distances for all intersections as described in §§13-510.5.G and .H of this Chapter shall be shown on the plan.
(21) Where required to satisfy a requirement of the Borough Zoning Ordinance [Chapter 14] or other governing regulation, a complete landscape plan, prepared by a landscape architect, showing the location, size, and type of all plant material required by provisions of this Chapter or any other applicable Borough regulations including, but not limited to, screening, buffer planting, parking landscaping, replacement trees, and street trees. The landscape plan should be provided on separate sheets and must include the signature and seal of the registered landscape architect responsible for preparation of the plan.
(22) Identification of any lands to be dedicated or reserved for public, semi-public, or community use.
(23) A table indicating the existing zoning district, total tract area, required lot size, required setbacks, required maximum and/or minimum development density, maximum building height, and number of lots in the proposed subdivision along with the proposals for each of these parameters.
(24) A statement on the plan indicating the granting of special exception, conditional use or variance, or zoning amendment, if applicable, related to the property, along with a copy of any Zoning Hearing Board or Borough Council decision, and along with waivers granted by the Borough Council to Sections of this Chapter, so that any conditions imposed will be readily apparent.
(25) A detailed schedule of inspections as generally outlined by §13-605 of this Chapter, which is tailored for the site under consideration.
E. Certificates, Notifications, and Reports.
(1) Certificates. The following certificates shall be included on the plan:
(a) Certificate, signature, and seal of a professional registered in the Commonwealth of Pennsylvania and qualified to perform such duties, to the effect that the plan is correct (see Appendix 13-1).
(b) Certificate, signature, and seal of the surveyor registered in the Commonwealth of Pennsylvania to the effect that the survey is correct (see Appendix 13-2).
(c) Certificate, signature, and seal of a professional registered in the Commonwealth of Pennsylvania and qualified to perform such duties, indicating compliance with the provisions of §13-507 of this Chapter (see Appendix 13-3).
(d) Certificate of review by the Planning and Zoning Commission (see Appendix 13-8).
(e) Certificate for approval by the Borough Council with space for signatures by members of the Borough Council (see Appendix 13-6).
(f) A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the landowner, certifying that the subdivision or land development shown on the plan is the act and the deed of the owner; that all those signing are all the owners of the property shown on the survey and plan; that they desire the same to be recorded as such, and that all streets and other property identified as proposed public property are dedicated for public use (see Appendix 13-4). This must be dated following the last change or revision to said plan.
(g) A statement signed by the applicant acknowledging the fact that the proposed subdivision or land development may be subject to other Borough, State, and Federal regulations.
(h) Certificate of review by the County Planning Department.
(i) A blank space measuring 3 inches square shall be left along the lower edge of the sheet, in order that the Recorder of Deeds may acknowledge receipt of the plan when it is presented.
(2) Notifications. The following notifications shall be included on the plan:
(a) Notification from DEP that approval of the sewage facilities plan revision (plan revision module for land development) or supplement has been granted or notice from DEP that such approval is not required. A note to that effect shall also be placed on the plan.
(b) Where the tract described in the subject application includes any public utility, electric transmission line, gas pipeline, or petroleum product transmission line located within the tract, the applicant or lessee of such right-of-way shall notify the owner of the right-of-way of his intentions. A note stating any condition regarding the use of the land, minimum building setback or right-of-way lines shall be included on the plan. This requirement may also be satisfied by submitting a copy of the recorded agreement.
(c) Where the land included in the subject application has an agricultural, woodland or other natural resource easement located within the tract, the application shall be accompanied by a letter from the party holding the easement stating any conditions on the use of the land. This requirement may also be satisfied by submitting a copy of the recorded easement.
(d) Notice from the postmaster of the postal district in which the tract is located and the emergency service providers in the Borough stating that the proposed private and/or public street names are acceptable.
(e) A note placed on the plan indicating any area that is not to be offered for dedication, if applicable.
(f) Written notice from the Borough Engineer that all proposed improvements have been designed to the standards of the Borough and that financial guarantees in a form suitable to the Borough Council have been received (see Appendices 13-13 and 13-15 and Chapter 6). When the applicant posts financial guarantee in lieu of completion of the improvements, the final plan shall be accompanied by a completed improvement guarantee agreement.
(g) Such written notices of approval as required by this Chapter, including written notices approving the water supply systems, sanitary sewage systems and stormwater runoff to adjacent properties.
(h) The submission of a controlling agreement in accordance with §13-609 when an application proposes to establish a street which is not offered for dedication to public use.
(i) Notification from the appropriate state and federal agencies that approvals have been received, permits have been issued, or are not required, for any proposed activities within streams, wetlands or any other State or Federally regulated body of water. These permits and/or approvals include, but are not limited to, erosion and sediment control, floodplain encroachment permits, dam safety permits, earth disturbance permits, stream encroachment permits, and general permits.
When the final plan is submitted in sections, the above notifications for all applicable activities on the entire site, shown on the approved preliminary plan shall be provided upon submittal of the first final phase of the project.
(3) Reports. The following reports shall be submitted with the plan:
(a) A final hydraulic report and erosion and sedimentation narrative as required by §13-507 of this Chapter
(b) A final conservation plan as described in §13-408 of this Chapter.
(c) A final traffic impact study as described in §13-406 of this Chapter.
(d) A final wetland report as described in §13-407 of this Chapter.
(e) A sewage planning module with hydrogeologic study, if required.
F. Filing Fee. The final plan shall be accompanied by a check or money order drawn to the order of the Borough in an amount specified on the fee schedule adopted by the Borough Council.
(Ord. 2008-2, 6/9/2008, §403)
§13-404 Lot Annexation Plans and Natural Subdivisions.
Lot annexation plans and plans of natural subdivisions shall be prepared by a qualified person and shall include the following information:
A. Drafting Standards. The same standards shall be required for a lot annexation/natural subdivision plan as specified for a preliminary plan in §13-402.A of this Chapter.
B. Location and Identification. The same standards shall be required for a lot annexation/natural subdivision plan as specified for a preliminary plan in §13-402.B of this Chapter.
C. Existing Features.
(1) The names of all adjacent landowners; both adjoining and across existing rights-of-way, along with the deed, book, page, plan book (if applicable), and tax map number of all previously recorded plans for adjacent properties.
(2) The following items when located within the subject tract(s):
(a) The location, name and dimensions of existing rights-of-way and cartways for private or public streets, alleys, and driveways.
(b) The location and dimensions of rights-of-way for sanitary sewer mains, water supply mains, and stormwater management facilities.
(c) The location of existing rights-of-way for electric, telephone, cable TV, gas and oil transmission lines, and communications towers.
(d) The location and size of existing on-lot sewage systems and wells.
D. Plan Information.
(1) Building setback lines and building envelope.
(2) A table indicating the existing zoning district, total tract area, required lot size, required setbacks, required maximum and/or minimum development density, and maximum building height.
(3) All lots proposed as lot additions shall be identified by letter designations–not number designations.
(4) In the case of a lot annexation, the inclusion of the following notes on the plan:
(a) “The sole purpose of this plan is for annexation of land to an existing lot, and not for the purpose of creating a new building lot. The combined tracts shall hereafter be treated as one lot for all purposes under this Subdivision and Land Development Ordinance and all other ordinances of Cornwall Borough.”
(b) Plan notation prohibiting separate conveyance–see sample language in Appendix 13-16.
(5) In the case of a natural subdivision which creates one or more lots meeting the minimum requirements of the Zoning Ordinance [Chapter 14], evidence of the suitability of said lot(s) for on-site water supply and on-site sewage disposal shall be provided as part of the application for plan approval.
E. Certificates. The following certificates shall be included on the plan:
(1) Certificate, signature, and seal of a surveyor registered in the Commonwealth of Pennsylvania to the effect that the survey is correct (see Appendix 13-2).
(2) Certificate of review by the Planning and Zoning Commission (see Appendix 13-8).
(3) Certificate for approval by the Borough Council (see Appendix 13-7).
(4) A statement, duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the landowner, to the effect that the subdivision or land development shown on the plan is the act and the deed of the owner, that all those signing are all the owners of the property shown on the survey and plan, and that they desire the same to be recorded as such (see Appendix 13-4).
(5) Certificate of review by the County Planning Department.
F. Filing Fee. The plan shall also be accompanied by a check or money order drawn to the Borough in an amount specified on the fee schedule adopted by the Borough Council.
(Ord. 2008-2, 6/9/2008, §404)
§13-405 Feasibility Report on Sewer and Water Facilities.
The applicant shall submit a feasibility report for all proposed subdivision and land development plans, in triplicate, concerning the availability of a public sewer and public water system in or near the proposed subdivision or land development. Said report shall be prepared by a registered professional engineer. Said report(s) shall address the requirements of §§13-508 and 13-509 of this Chapter.
(Ord. 2008-2, 6/9/2008, §405)
§13-406 Traffic Impact Study.
1. All residential developments or subdivisions and all nonresidential developments proposing the construction of a street and/or driveway subject to Pennsylvania Department of Transportation jurisdiction shall comply with the applicable state regulation. All land developments or subdivisions that are proposing access to a Borough road which (A) will contribute more than 300 vehicle trips per day or (B) are located within ½ mile of an intersection with a level of service C or lower (i.e., D, E, or F) shall provide studies and reports in accordance with the requirements of this Section.
2. All applicants with developments that do not meet the above stated criteria shall submit the information required in subsection .3.V(5).
3. The applicant shall furnish a traffic impact study with the following minimum considerations:
A. The traffic impact study shall be prepared under the supervision of qualified and experienced transportation engineers with specific training in traffic and transportation engineering and at least 2 years of experience related to preparing traffic studies for existing or proposed developments.
B. At a minimum, the traffic impact area (TIA) shall include all streets and major intersections within a ½ mile radius of each any every entrance to the proposed development, and if a street abutting the proposed development does not contain an intersection with another street within that area, the first intersection with such abutting street. Whenever a proposed project will generate 100 new vehicle trips in the peak direction (inbound or outbound) during the site peak traffic hour, the traffic impact area shall include all streets and major intersections within a 1½ mile radius.
C. Existing 24-hour and peak hour traffic volume data, including weekdays, Saturdays and Sundays, for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any major intersection within the impact area.
D. Twenty-four hour and peak hour traffic volume data, including weekdays, Saturdays and Sundays, for all streets which provide direct access to the proposed development and for arterial streets and collector streets which will serve the proposed development, as well as any major intersection within the TIA projected for the design year without the impacts of the proposed development.
E. The design year shall be considered the point in time when the development is completed and shall be determined in accordance with accepted engineering practices. In the event of a dispute as to the design year, the determination of the Borough Engineer shall be final.
F. Estimates of the total number of vehicle trips to be generated by the development for a typical 24-hour period, including weekdays, Saturdays and Sundays, and including typical a.m. and p.m. peak periods, including weekdays, Saturdays and Sundays.
G. The traffic forecasts shall be prepared for the anticipated opening year of the development, assuming full build out and occupancy. This year shall be referred to as the horizon year in the remainder of this Section.
H. The traffic impact study report shall include a table showing the categories and quantities of land uses, with the corresponding trip generation rates or equations (with justification for selection of one or the other), and resulting number of trips. The trip generation rates used must be either from the latest edition of Trip Generation by ITE, or from a local study of corresponding land uses and quantities. All sources must be referenced in the study.
I. If pass-by trips or shared trips are a major consideration for the land use in question, studies, and interviews at similar land uses must be conducted or referenced.
J. Any significant difference between the sums of single-use rates and proposed mixed-use estimates must be justified in the study report.
K. The reasoning and data used in developing a trip generation rate for special/unusual generators must be justified and explained in the report.
L. Trip distribution must be estimated and analyzed for the horizon year. A multi-use development may require more than one distribution and coinciding assignment for each phase. Consideration must also be given to whether inbound and outbound trips will have similar distributions.
M. Assignments must be made considering logical routings, available roadway capacities, left turns at critical intersections, and projected minimum travel times. In addition, multiple paths should often be assigned between origins and destinations to achieve realistic estimates rather than assigning all of the trips to the route with the shortest travel time. The assignments must be carried through the external site access points. When the site has more than one access driveway, logical routing, and possibly multiple paths should be used to obtain realistic driveway volumes. The assignment should reflect conditions at the time of the analysis. Assignments can be accomplished either manually or with applicable computer models.
N. If a thorough analysis is required to account for pass-by trips, the following procedure should be used:
(1) Determine the percentage of pass-by trips in the total trips generated.
(2) Estimate a trip distribution for the pass-by trips.
(3) Perform two separate trip assignments based on the new and pass-by trip distributions.
(4) Combine the pass-by and new trip assignment.
O. Upon completion of the initial site traffic assignment, the results should be reviewed to see if the volumes appear logical given characteristics of the road system and trip distribution.
P. Traffic estimates for any site with current traffic activity must reflect not only new traffic associated with the site’s redevelopment, but also the trips subtracted from the traffic stream because of the removal of a land use. The traffic impact report should clearly depict the total traffic estimate and its components.
Q. Capacity analysis must be performed at each of the major street and project site access intersection locations (signalized and unsignalized) within the study area. In addition, analyses must be completed for major roadway segments within the study area. These may include such segments as internal site roadways, parking facility access points and reservoirs for vehicles queuing off site and on site. Other locations may be deemed appropriate depending on the situation.
R. The recommended level-of-service analysis procedures detailed in the most recent edition of the Highway Capacity Manual must be followed. It is considered that the overall level-of-service ratings A, B, C, and D to be acceptable for signalized intersections (Levels C or better are considered desirable); level-of-service E or F is considered to be unacceptable.
S. The operational analyses in the Highway Capacity Manual should be used for analyzing existing conditions, traffic impacts, access requirements or other future conditions for which traffic, geometric, and control parameters can be established.
T. The recommendations of the traffic impact study shall provide safe and efficient movement of traffic to and from and within and past the proposed development, while minimizing the impact to non-site trips. The current levels of service must be maintained if they are C or D, not allowed to deteriorate to worse than C if they are currently A or B, and improved to D if they are E or F. If an improvement to a resultant level of service E or F cannot be met, then there can be no increase in delay (overall, approach, and lane) from the future pre-developed condition to the post-developed condition.
U. A traffic impact study report shall be prepared to document the purpose, procedures, findings, conclusions, and recommendations of the study.
(1) The documentation for a traffic impact study shall include, at a minimum:
(a) Study purpose and objectives.
(b) Description of the site and study area.
(c) Existing conditions in the area of the development.
(d) Recorded or approved nearby development.
(e) Trip generation, trip distribution and modal split.
(f) Projected future traffic volumes.
(g) An assessment of the change in roadway operating conditions resulting from the development traffic.
(h) Recommendations for site access and transportation improvements needed to maintain traffic flow to, from, within and past the site at an acceptable and safe level of service.
(2) The analysis shall be presented in a straightforward and logical sequence. It shall lead the reader step-by-step through the various stages of the process and resulting conclusions and recommendations.
(3) The recommendations shall specify the time period within which the improvements should be made (particularly if the improvements are associated with various phases of the development construction), and any monitoring of operating conditions and improvements that may be required.
(4) Data shall be presented in tables, graphs, maps, and diagrams wherever possible for clarity and ease of review.
(5) To facilitate examination, an executive summary of one or two pages shall be provided, concisely summarizing the purpose, assessment of the change in roadway operating conditions resulting from the development traffic, conclusions and recommendations.
V. Contribution in Lieu of Preparation of Studies. If an applicant believes that the preparation of traffic study and report required herein is not warranted, he may request the Borough Council to waive the preparation of such study.
(1) The applicant for approval of any commercial, industrial or institutional subdivision or land development shall provide the Borough with a certification of the usable building floor area to be constructed for the purpose of determining the contribution in lieu of preparation of studies.
(2) The contribution in lieu of preparation of studies provided for herein shall be in addition to all other review, inspection and other fees or charges imposed by the Borough, and all sums otherwise agreed to be paid by the applicant.
(3) The applicant shall enter into an agreement with the Borough setting forth the contribution in lieu of preparation of studies to be paid and the studies to be waived by the Borough. All such agreements shall be in a form satisfactory to the Borough Solicitor.
(4) All contributions in lieu of preparations of fees shall be paid prior to approval of the final plan by the Borough Council.
(5) All developments receiving a waiver of preparation of a traffic evaluation study in accordance with this Section shall provide, as a minimum, the following information:
(a) Trip Generation. Identify the amount of traffic generated by the site for daily and the 3 peak hour conditions (AM, PM and site generated). The trip generation rates shall be justified and documented to the satisfaction of the Borough.
(Ord. 2008-2, 6/9/2008, §406)
§13-407 Wetlands Study.
1. The applicant shall submit a wetland study in duplicate with the submittal of all subdivision and land development plans. The purpose of the study shall be to determine the presence and extent of wetlands on the site.
2. The study shall be performed by a qualified wetland scientist. Qualified individuals should possess a minimum of a bachelor’s degree in biology, botany, zoology, ecology, or environmental sciences. In general, other professionals, such as engineers, landscape architects, surveyors, planners, and geologists are not considered fully qualified to perform wetland delineations, unless they possess special ecological training and experience beyond their discipline. The Borough reserves the right, in as much as no recognized certification program exists for wetland scientists, to determine the qualification of those preparing wetland delineations. Should a State or Federal wetland scientist certification program be established, the Borough will consider only those certified individuals qualified to perform delineations.
3. Requirements for Wetland Studies.
A. Delineations should follow the procedures outlined in the Environmental Laboratory 1987 Corps of Engineers Wetland Delineation Manual and 1992 Regulatory Guidance Letters.
B. Delineations shall be supported by reports. The report shall contain the following sections:
(1) Introduction. Description of the physical features of the site, its location and the proposed plans for the site.
(2) Methods. Description of the methods used for the survey, with particular emphasis on any deviation from the outlined Federal method. Relevant information includes the date of the field studies, the number of transects and plots used, the size of vegetation quadrants employed, the size of soil pits used, taxonomic references used, and the disposition of any voucher specimens.
(3) Results and Discussion. Description of the findings of the study. Soils, vegetation and hydrology for wetland and upland areas of the site should be discussed. Any problem areas should be thoroughly treated.
(4) Conclusions. The extent of wetlands on the site should be discussed. The impact of the proposed project on these wetlands should also be considered.
C. Included in the report as appendices or tables should be:
(1) Site location map (USGS 7.5' quadrangle will suffice).
(2) NWI map.
(3) Soil survey map with soil descriptions.
(4) Data sheets for each plot.
(5) Wetland Boundary Map. Wetland boundaries shall be surveyed by a registered professional surveyor and shown on a plan of appropriate scale. The limits of the wetland study shall be clearly shown. The plan shall also show the location of all plots and/or transects used in the study, the date of the delineation, a statement of the method used for the study, the name of the consulting firm which performed the delineation, the name of the surveyor, and a disclaimer statement indicating no wetland boundary is considered jurisdictional until approved by DEP and COE.
(6) Color photos of wetland areas on the site, with locations and directions of view keyed to the wetland boundary map.
(7) Resumes of the wetland scientist(s) who performed the delineation.
4. For sites on which no wetlands occur, or are expected of occurring, an abbreviated report may be submitted. The abbreviated report should contain the introductory material, the methods section and a discussion of the result of the study. Site location, NWI and soil maps should also be provided.
5. All subdivision plans shall contain notes for future lot owners. The wetland boundary on each lot will be clearly marked. Each lot which contains wetlands, or to which access may be restricted by wetlands, shall have a note which states State and Federal laws require permits for all activities which result in a deposition of fill into delineated wetlands. The note shall also state that refusal of such a permit may restrict some uses of all or portions of the lot. Easements around delineated wetlands shall be provided and shown on the plans.
6. Compensatory mitigation projects required as part of State or Federal permits shall be shown on the subdivision plans. Future lot owners whose property encompasses all or part of a mitigation area shall be notified that the portion of their property that includes the mitigation area may not be altered, and is considered a jurisdictional wetland by the State and Federal governments. Lot owners may be responsible for maintenance of mitigation areas. In order to help ensure the long-term viability of wetland mitigation efforts, the Borough discourages multiple ownership of mitigation areas. Ownership by one individual or a homeowners association is encouraged. Owners of the wetland mitigation areas must be clearly identified to the Borough.
7. The Borough reserves the right to reject any submitted wetland delineations. Should the Borough feel the actual wetland area differs from that shown on the subdivision plan, the Borough has the right to secure, at the developer’s expense, qualified personnel to check the delineation and redraw the boundary as necessary. Should the developer subsequently disagree with the Borough’s delineation, a jurisdictional delineation by DEP and COE will be requested. Any charges for the jurisdictional delineation will be the responsibility of the developer.
8. Where the study shows the existence of wetland areas, the delineated wetland boundary shall be temporarily flagged at the time of plan submission to aid in plan evaluation. Upon plan approval, the delineated boundary shall be properly fenced off to prevent encroachment. Snow fence or other acceptable material shall be used (the use of silt fence is not acceptable). The fence shall be properly installed, at a minimum distance of 5 feet outside the delineated boundary, prior to any construction or issuance of building permits. The fence must be properly maintained until all occupancy permits have been issued and/or for the extent of all construction.
(Ord. 2008-2, 6/9/2008, §407)
§13-408 Conservation Plan.
All preliminary and final subdivision and/or land development plans, excluding lot annexation plans and natural subdivision plans, shall be accompanied by a conservation plan prepared in accordance with the requirements of Article 20 of the Cornwall Borough Zoning Ordinance [Chapter 14]. When any of this information already has been prepared as part of the preliminary and/or final plan submission, it may be so referenced.
(Ord. 2008-2, 6/9/2008, §408)