The standards and requirements contained in this article shall apply as minimum design standards for subdivisions and/or land developments. Whenever other Borough ordinances or regulations impose more restrictive design standards than those contained herein, the more restrictive shall apply. Subdivisions and/or land developments shall be designed to comply with the requirements of Chapter
380, Zoning, Chapter
310, Stormwater Management, and regulations of PennDOT, as applicable. Whenever Chapter
380, Zoning, provides that the use proposed by the applicant for subdivision and/or land development approval shall constitute a use by special exception or a conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or the Borough Council, as applicable, prior to the submission of the final plan. The Plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception or conditional use by the Zoning Hearing Board or the Borough Council, as applicable. Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of Chapter
380, Zoning, the applicant shall obtain such variance from the Zoning Hearing Board prior to the submission of the final plan. The Plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such variance or variances by the Zoning Hearing Board. Whenever all or any portion of the land contained within an application for subdivision or land development approval constitutes all or any portion of land included in a prior subdivision or land development plan approved by the Borough or the Lebanon County Planning Department and recorded in the office of the Recorder of Deeds in and for Lebanon County, Pennsylvania, the application for subdivision or land development approval shall comply with all conditions, restrictions and notes imposed on the prior plan 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 any portion of the land contained in the application 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 recorded plans constitutes a violation of this chapter. The applicant shall submit with the application for preliminary plan approval, or with the application for final plan approval if no application for preliminary plan approval is required, a statement identifying the prior plans reviewed; the conditions, restrictions and notes which would impact development in accordance with the application for which approval has been requested; and an explanation of the manner in which the proposed application has been designed to comply with all such conditions, restrictions and notes. This statement shall be signed by the applicant or the applicant's engineer, landscape architect, or land surveyor.
A. Site analysis. An analysis shall be made of the site characteristics,
such as site configuration, geology, soil, topography, water bodies,
ecology, vegetation, structures, road network, visual features and
past/present use of the site. Development of the site shall be designed
to:
(1) Preserve the natural features of the site;
(2) Avoid areas of environmental sensitivity; and
(3) Minimize negative impacts and alteration of natural features.
B. Preservation and/or protection of important historic features and
important natural features. The following specific features shall
be preserved, protected, and/or incorporated (as applicable) into
the overall design:
(1) Important historic features as required by §
318-15C(8):
(a)
Sites shall be designed to preserve, adaptively reuse, or otherwise
provide for the historic features (structures and land) and any related
plant materials thereof. Modifications and exterior alterations to
important historic features or sites, or new construction adjacent
to historic features, shall be consistent with the Secretary of the
Interior's Standards for Rehabilitation of Historic Properties,
as published by the National Park Service.
(b)
Sites shall also be designed so that new structures do not block historic views or obstruct the view of historic properties. Screening shall be provided in accordance with §
318-37 in all cases where the proposed size, construction material, or type of use would jeopardize the historic value of a site or structure.
(c)
Demolition of historic structures shall be in accordance with the historic site protection requirements contained in Chapter
380, Zoning, as amended.
(2) Important natural features as required by §
318-15C(9):
(a)
Wetlands and wetland buffer strip. Except as otherwise authorized
and required by permits or approvals obtained from applicable state
and federal agencies, wetlands shall be preserved and protected and
shall include wetland buffer strip easements surrounding the wetlands,
a minimum of 10 feet from the outside edge of that identified wetland.
(b)
Karst geologic features.
[1]
Purpose.
[a] Palmyra Borough's topography may be defined
as a karst topography due to the presence of carbonate rock that generally
consists of dolomite, limestone, and some gypsum. The limestone, dolomite,
and gypsum are divided into formations. The major carbonate rock formations
present in Palmyra Borough consist of Epler, Ontelaunee, Annville,
Hershey, and Myerstown formations. These formations are susceptible
to the development of solution cavities and sinkhole development.
Solution cavities and sinkholes have the potential to impact existing
public facilities and streets; facilities and streets that are proposed
to be dedicated to the Borough of Palmyra or other public agency;
or facilities and streets that may remain private but provide a community
function or benefit, including but not limited to stormwater management
facilities and private streets providing access to existing and proposed
sites.
[b] Therefore, developers or applicants considering
subdividing or developing property within Palmyra Borough should be
aware of the potential karst hazards. The regulations contained herein
are intended to minimize the risk of sinkhole occurrence in areas
of new development (including redevelopment) and on lands adjacent
to these developments.
[2]
Applicability of regulations. Except as otherwise authorized and required by Chapter
310, Stormwater Management, for stormwater management facilities, sites and areas containing the following karst geologic features including sinkholes, closed depressions, lineaments, or faults shall be designed in accordance with the following:
[a] General design standards.
[i] No buildings or structures shall be placed in or
over the following karst features if unremediated or unmitigated in
accordance with the terms of this chapter:
[ii] Building and structures shall be located no closer
than:
[A] One hundred feet from the rim of unremediated or
unmitigated sinkholes; and
[B] Fifty feet from lineaments, faults, or closed depressions.
[b] Sinkhole mitigation or remediation responsibility
and notification.
[i] Responsibility. The responsibility for the mitigation
or remediation of sinkholes rests with the developer or applicant
undertaking the activity that reveals the sinkhole, regardless of
the direct or indirect cause of the sinkhole. The Borough of Palmyra
considers this responsibility a covenant running with the land and
shall be binding upon the developer's or applicant's heirs
and assigns.
[ii] Notification.
[A] By the Borough of Palmyra. Upon knowledge of the
existence of, or observance of, a sinkhole by the Borough of Palmyra,
the Borough shall notify the developer or applicant with the responsibility
for the mitigation or remediation of the sinkhole.
[B] By the developer or applicant. Upon knowledge of
the existence of, or observance of, a sinkhole, the developer or applicant
shall notify the Borough of Palmyra and acknowledge the responsibility
for the mitigation or remediation of the sinkhole.
[c] Mitigation or remediation of sinkholes occurring
during construction.
[i] If a sinkhole develops, is discovered, or is observed
during construction, the developer or applicant shall, within three
business days of the knowledge or notification of the presence of
a sinkhole, engage the services of either a qualified, Pennsylvania
licensed geotechnical engineer or geologist with experience in karst
geology assessment and sinkhole remediation, to consult with the Borough
Engineer in developing specific sinkhole mitigation or remediation
measures to adequately mitigate or remediate the specific sinkhole
to Borough Engineer's satisfaction.
[ii] Within five business days of the Borough Engineer's
consultation and acceptance that the proposed sinkhole mitigation
or remediation measures are adequate to address the specific sinkhole
to be mitigated or remediated, the developer or applicant shall complete
the mitigation or remediation of the specific sinkhole in accordance
with the agreed-upon sinkhole mitigation or remediation measures.
[iii] Within 10 business days following the mitigation
or remediation of a sinkhole, the developer or applicant shall engage
the services of either a qualified, Pennsylvania licensed geotechnical
engineer or geologist with experience in karst geology assessment
and sinkhole remediation, to develop a sinkhole mitigation or remediation
report, including photo-documentation of and the specific mitigation
or remediation measures implemented. A copy of the sinkhole mitigation
or remediation report, signed and sealed by the above mentioned geotechnical
engineer or geologist, shall be presented to the Borough of Palmyra
and Borough Engineer for their respective project files.
[d] Post-mitigation or post-remediation monitoring. Because sinkholes, by their nature, are unpredictable, mitigation or remediation is not guaranteed. It is not unusual for sinkholes to resurface at or near the site of the mitigated or remediated sinkholes. Following the mitigation or remediation of a sinkhole, the developer or applicant shall monitor the mitigated or remediated sinkhole to ensure the sinkhole does not resurface. In the event a mitigated or remediated sinkhole resurfaces, the notification and mitigation or remediation procedures provided in Subsection
B(2)(b)[2][b] and [c] shall be followed by the developer, applicant, or their heirs and assigns.
[e] Limitations. In karst geologic areas, alteration and development of land may be hazardous with respect to foundation safety of structures, the creation of unstable land as a result of changes in drainage, and the contamination of ground and surface waters. Within the limitations of the information available at the time of the review of individual applications, the Borough of Palmyra shall attempt to make reasonable judgments as to the applicant's or developer's compliance with Subsection
B(2)(b). Under no circumstances shall the Borough of Palmyra or any officer or employee of the Borough of Palmyra or consultant to the Borough of Palmyra assume any liability for any damages that may result from an applicant's or any interested party's reliance upon the karst geologic regulations of this chapter or any decisions made by the Borough of Palmyra in the administration of such regulations by an applicant, developer, and/or any interested party.
(c)
Natural watercourses and riparian buffer strip. Except as otherwise
authorized and required by permits or approvals obtained from applicable
state and federal agencies, natural watercourses shall be preserved
and protected and shall include riparian buffer strip easements surrounding
the natural watercourses, a minimum of 10 feet from the outside edge
of the established ordinary high-water mark.
C. General design goals. The development shall be laid out to avoid
unnecessary impervious cover and to mitigate adverse effects of shadow,
noise, glare, odor, traffic, drainage, and utilities on neighboring
properties.
D. Conformance with adopted plans. Design of the development shall take
into consideration all adopted Borough, county, and state plans for
the Borough and surrounding community.
E. Relationship of the development to existing facilities and properties.
(1) All proposed subdivisions and land developments shall be designed,
laid out, arranged, constructed, and coordinated to assure that abutting
properties will continue to have safe and convenient access in accordance
with the standards of this chapter or, if such abutting properties
do not presently have such access, to have access at least equal to
the level existing prior to the proposed subdivision or land development.
This shall include, but not be limited to, the ability to make turning
movements into and out of such abutting property to the same extent
as existed prior to the proposed subdivision or land development.
(2) All proposed subdivisions and/or land developments shall be designed,
laid out, arranged, constructed, and coordinated with all presently
existing facilities and improvements which serve the tract proposed
to be developed, including, but not limited to, the transportation
network; sewer collection, conveyance and treatment facilities; water
supply and distribution facilities; and stormwater management facilities,
as necessary to accommodate prospective traffic, provide adequate
sewer and water service, promote proper stormwater management, facilitate
fire protection, and conform to the Comprehensive Plan and Official
Map.
(3) The applicant shall submit studies and reports with the preliminary plan and the final plan which shall demonstrate that abutting properties access meets the requirements of this section. The applicant shall also submit studies and reports with the preliminary plan to demonstrate that the development meets §
318-25B of this chapter.
(4) If an applicant submits a study, report or plan to demonstrate compliance
with this section or any other section of this chapter which identifies
any assumed improvements to existing facilities, the applicant shall
also identify whether such assumed improvements to existing facilities
shall identify the status of such improvements, i.e., whether the
improvements are under construction, are in the design phase, are
fully financed, or are tentative on a long-range plan. If an applicant
submits a study, report or plan which indicates that assumed improvements
to existing facilities will be considered in demonstrating compliance
with the design standards in this chapter, the applicant shall present
evidence that such assumed improvements are under construction, are
the subject of existing contracts, the Borough is holding financial
security to secure completion of such improvements or a governmental
entity has budgeted funds for such improvements. The Borough shall
not consider the impact of a proposed future improvement unless the
applicant demonstrates that such future improvement will be completed.
The building setback lines and building separations shall conform with the prevailing Chapter
380, Zoning, requirements.
Easements for sanitary sewer facilities, stormwater drainage
facilities, public utilities, or pedestrian access shall meet the
following standards:
A. To the fullest extent possible, easements shall be adjacent to property
lines.
B. 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.
C. The plan and easement agreement shall clearly identify who has the
right of access and responsibility for function of the easement area.
D. Pedestrian easements shall have a minimum width of 10 feet.
E. Sanitary sewer and water supply easements shall have a minimum width
of 20 feet. In the case of a shared utility easement, sufficient area
shall be provided to allow a minimum of 10 feet between the center
line of the utility and the edge of the right-of-way.
F. Stormwater easements shall have a minimum width of 20 feet and shall
be adequately designed to provide area for the collection and discharge
of water, the maintenance, repair, and reconstruction of the drainage
facilities, and the passage of machinery for such work.
G. Where any electric or telephone, telecommunication or petroleum transmission
line traverses a property, the applicant shall confer with the applicable
transmission or distribution company to determine the minimum distance
which shall be required between each structure and the center line
of such petroleum or petroleum product transmission line. All applications
shall include a copy of the recorded agreement or a letter from the
owner of the transmission line stating any conditions on the use of
the tract and the right-of-way width.
Any required landscaping shall be designed and installed in accordance with Chapter
380, Zoning, as amended.
A. Protection of natural features. The finished topography of the site
shall adequately facilitate the proposed development without excessive
earthmoving and destruction of natural amenities. Natural features
shall be preserved and incorporated into the final landscaping wherever
possible and desirable. The applicant shall demonstrate the means
whereby the natural features shall be protected during construction.
B. Street trees.
(1) Street trees shall be provided along all street frontages, in accordance
with the following criteria:
(a)
The street 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 and shall be in accordance
with the List of Appropriate Trees for Specific Planting Conditions
contained herein. The applicant is encouraged to be creative in selecting
tree varieties and locations to achieve a pleasing appearance.
(b)
Street 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)
All street trees shall have a minimum trunk caliper of two inches,
measured at a height of six inches above finish grade.
(d)
Street trees planted within 10 feet of a curb, sidewalk, or
noncurbed street shall have an appropriate root barrier installed
of a type to be approved by the Borough Planning Commission.
(e)
The planting of any tree species other than those identified
on the List of Appropriate Trees for Specific Planting Conditions
shall be prohibited.
(f)
No street tree shall be planted less than 30 feet from an intersection
of two streets, whether curbed or noncurbed, measured from the right-of-way
line of the intersecting streets, or less than eight feet from a fire
hydrant, sewer inlet, light standard, utility pole, or underground
utility lines. These spacing restrictions may be modified at the discretion
of the Borough Planning Commission.
(g)
Where trees are to be planted in existing pavement areas, a
space of at least three feet by three feet, five feet by five feet
preferred, shall be provided for each tree. Each tree shall be planted
with a root barrier. The opening shall be level with the sidewalk
and covered with an appropriate material (e.g., mulch or grating)
to reduce the spread of weeds.
(h)
All planting shall be performed in conformance with good nursery
and landscape practice.
(i)
Requirements for the measurements, branching, grading, quality,
balling, and the burlapping of trees shall follow the code of standards
recommended by the American Association of Nurserymen, Inc., in the
American Standard for Nursery Stock, ANSIZ60, 1-1973, as amended.
(j)
Street trees shall be planted on a lot prior to the issuance
of a certificate of use and occupancy by the Borough for the lot and
any building or structure erected thereon.
(k)
Street tress shall be maintained in accordance with Chapter
337, Trees, of the Code of the Borough of Palmyra, as amended.
(2) List of Appropriate Trees for Specific Planting Conditions. Planting
conditions shall be considered hierarchical. For example, if a tree
is acceptable to plant within Condition A, it shall also be acceptable
for planting within Condition B or C. Consideration should be given
for the creation of tree canopy within the Borough, and larger trees
are preferred if conditions exist where they will thrive.
(a)
Condition A: small compact trees.
[1]
Planting strip is at least two feet wide and typically less
than four feet wide.
[2]
Sidewalk openings shall be at least three feet by three feet.
[3]
Utility lines run overhead, between 25 and 45 feet aboveground.
[4]
Building facade setback is less than 10 feet from the center
of the tree.
|
Common Name
|
Scientific Name
|
Variety
|
---|
|
Canadian serviceberry
|
Amelanchier Canadensis
|
Autumn Sunset (single-trunk)
|
|
Canadian serviceberry
|
Amelanchier Canadensis
|
Cumulus (single-trunk)
|
|
Canadian serviceberry
|
Amelanchier Canadensis
|
White Pillar (single-trunk)
|
|
Allegehny serviceberry
|
Amelanchier laevis
|
Cumulus (single-trunk)
|
|
Serviceberry
|
Amelanchier x grandiflora
|
Autumn Brilliance (single-trunk)
|
|
Serviceberry
|
Amelanchier x grandiflora
|
Trazam (single-trunk)
|
|
Serviceberry
|
Amelanchier x grandiflora
|
Cole's Select (single-trunk)
|
|
Galaxy magnolia
|
Magnolia sp
|
Galaxy
|
|
Crabapple
|
Malus sp
|
Adirondack
|
|
Crabapple
|
Malus sp
|
Ballerina
|
|
Crabapple
|
Malus sp
|
Donald Wyman
|
|
Crabapple
|
Malus sp
|
Pink Dawn
|
|
Sargent cherry
|
Prunus sargentii
|
Columnaris
|
|
Japanese flowering cherry
|
Prunus serrulata
|
Amanogawa (single-trunk)
|
|
Japanese flowering cherry
|
Prunus serrulata
|
Accolade
|
|
Japanese flowering cherry
|
Prunus serrulata
|
Autumnalis
|
|
Japanese flowering cherry
|
Prunus serrulata
|
Kwanzan
|
|
Japanese flowering cherry
|
Prunus serrulata
|
Okame
|
|
Common chokeberry
|
Prunus virginiana
|
Schubert
|
|
Snow goose cherry
|
Prunus sp
|
Snow Goose
|
(b)
Condition B: medium-sized trees.
[1]
Planting strip is at least four feet wide or greater.
[2]
Sidewalk openings shall be at least four feet by four feet.
[3]
Utility lines are at least 45 feet aboveground or absent.
[4]
Building facade setback is 10 feet or greater from the center
of the tree.
|
Common Name
|
Scientific Name
|
Variety
|
---|
|
Hedge maple
|
Acer camestre
|
Evelyn
|
|
Hedge maple
|
Acer camestre
|
Miyabe
|
|
Red horsechestnut
|
Aesculus x carnea
|
Briotti
|
|
Red horsechestnut
|
Aesculus x carnea
|
Fort McNair
|
|
Heritage river birch
|
Betula nigra
|
Heritage (single-trunk)
|
|
Upright European hornbeam
|
Carpinus betulus
|
Fastigiata
|
|
American hornbeam, musclewood
|
Carpinus caroliniana
|
|
|
Carolina silverbell
|
Halesia carolina
|
|
|
Sweet magnolia
|
Magnolia virginiana
|
|
|
Sourwood
|
Oxydendrum arboretum
|
|
|
Hophornbeam
|
Ostrya virginiana
|
|
|
Japanese tree lilac
|
Syringa reticulate
|
Ivory Silk
|
(c)
Condition C: large trees.
[1]
Planting strip is at least six feet wide or greater.
[2]
Holes cut in sidewalks should be at least six feet by six feet.
[3]
Utility lines are at least 45 feet aboveground or absent.
[4]
Lawns and pocket parks in which tree planting space is greater
than 70 feet wide.
[5]
Municipal parks and school properties with ample open, unobstructed
space to plant trees (planting space of at least 70 feet wide, preferably
100 feet wide).
|
Common Name
|
Scientific Name
|
Variety
|
---|
|
Black maple
|
Acer nigrum
|
|
|
Red maple
|
Acer rubrum
|
Armstrong
|
|
Red maple
|
Acer rubrum
|
Autumn Blaze
|
|
Red maple
|
Acer rubrum
|
October Glory
|
|
Red maple
|
Acer rubrum
|
Red Sunset
|
|
Sugar maple
|
Acer saccharum
|
Green Mountain
|
|
Sugar maple
|
Acer saccharum
|
Goldspire
|
|
American chestnut
|
Castanea dentate
|
Blight-resistant hybrids
|
|
Common hackberry
|
Celtis occidentalis
|
|
|
Katsuratree
|
Cercidiphyllum japonicum
|
|
|
Thornless honeylocust
|
Gleditsia triacanthos var inermis
|
Only thornless cultivars like Shademaster or Majestic
|
|
Kentucky coffeetree
|
Gymnocladus dioicus
|
|
|
Tuliptree, yellow poplar
|
Liriodendron tulipifera
|
|
|
Sweetgum
|
Liquidambar styraciflua
|
|
|
Cucumber magnolia
|
Magnolia acuminate
|
|
|
Dawn Redwood
|
Metasequoia glyptotroboides
|
|
|
Black Tupelo, Black Gum
|
Nyssa sylvatica
|
|
|
London plane tree
|
Platanus x acerifolia
|
Bloodgood
|
|
American sycamore
|
Platanus Occidentalis
|
|
|
White oak
|
Quercus Alba
|
|
|
Swamp white oak
|
Quercus bicolor
|
|
|
Scarlett oak
|
Quercus coccinea
|
|
|
Northern pin oak
|
Quercus ellipsoidalis
|
|
|
Shingle oak
|
Quercus imbricaria
|
|
|
Bur oak
|
Quercus macrocarpa
|
|
|
Pin oak
|
Quercus palustris
|
|
|
Willow oak
|
Quercus phellos
|
|
|
English oak
|
Quercus robur
|
Attention
|
|
English oak
|
Quercus robur
|
Skymaster
|
|
English oak
|
Quercus robur
|
Skyrocket
|
|
Red oak
|
Quercus rubra
|
|
|
Shunard oak
|
Quercus shumardii
|
|
|
American linden, basswood
|
Tilia americana
|
|
|
Littleleaf linden
|
Tilia cordata
|
Corinthian
|
|
Littleleaf linden
|
Tilia cordata
|
Chancellor
|
|
American elm
|
Ulmus Americana
|
Only cultivars resistant to Dutch Elm Disease
|
|
Japanese zelkova
|
Zelkova serrata
|
Green Vase
|
|
Japanese zelkova
|
Zelkova serrata
|
Village Green
|
(3) Invasive tree species. The following trees are considered invasive
species by the Pennsylvania Department of Natural Resources and/or
the U.S. Department of Transportation. These trees are not native
to Pennsylvania and are known to spread uncontrollably into natural
areas. Therefore, the planting of these trees is discouraged in order
to protect the state's natural heritage and biodiversity:
|
Common Name
|
Scientific Name
|
---|
|
Amur maple
|
Acer ginnala
|
|
Norway maple
|
Acer platanoides
|
|
Sycamore maple
|
Acer pseudoplatanus
|
|
Tree-of-heaven
|
Ailanthus altissima
|
|
Mimosa
|
Albizia julibrissin
|
|
Goldenrain tree
|
Koelreuteria paniculata
|
|
Melaleuca
|
Melaleuca quinquenervia
|
|
Chinaberry tree
|
Melia azedarach
|
|
Princess tree
|
Paulownia tomentosa
|
|
Callery pear
|
Pyrus calleryana
|
|
Chinese tallow tree
|
Sapium sebiferum
|
|
Siberian elm
|
Ulmus pumila
|
C. Landscape materials. Trees and shrubs shall be typical of their species
and variety and have normal growth habits, well-developed branches,
and densely foliated, vigorous, and fibrous root systems. They shall
have been grown under climatic conditions similar to those in the
locality of the project or properly acclimated to conditions of the
locality of the project. Any tree or shrub which dies shall be replaced.
All landscaping and screening treatments shall be properly maintained.,
This section shall only apply to proposals that would result
in the creation of new residential lots or dwelling units. It is the
purpose of this section to implement the language contained in Section
503(11) of the most recent version of the MPC and thereby provide
needed recreation/open space to accommodate growth. All park and open
space proposals shall be submitted with the subdivision or land development
application.
A. Mandatory dedication.
(1) Any proposal that would result in the creation of one or more new
residential lots or dwelling units shall be required to dedicate a
minimum of 0.026 acre of park and/or open space per dwelling unit
to the Borough prior to final plan approval.
(2) Deeds for transfer of dedicated land shall be executed and recorded:
(a) After improvement of the land as required on the approved plan;
(b) Prior to the transfer or occupancy of 50% of the lots within the
development;
(c) In accordance with the terms of any written agreement with the Borough;
or
(d) Within 60 days of notice issued by the Borough.
(3) As an alternative to dedication, and upon agreement with the Borough
Council, the applicant may agree to provide any of the following:
(a)
Construct and/or improve existing recreation facilities.
(b)
Pay a fee-in-lieu of dedication.
[1]
Fees-in-lieu shall be paid prior to the approval of the final
subdivision or land development plan. Where final plan phases are
proposed, applicable fees shall accompany each phase of the plan.
[2]
The Borough shall not be required to execute the final plan
until the fee-in-lieu of dedication has been paid.
(c)
Guarantee the private reservation and maintenance of parkland
or open space.
(d)
Provide for any combination of the above.
(4) Any of the preceding alternatives must be at least equal to the predetermined
Borough of Palmyra fee schedule or the pre-development fair market
value of the open space which would have been otherwise required for
dedication. Fair market value shall be submitted by the developer
and determined by a member of the Appraisal Institute of the American
Institute of Real Estate Appraisers (MAI) and shall include any documentation
used to derive the site's fair market value. Should the Borough
dispute the appraised fair market value, it can require mandatory
dedication of needed acreage.
B. Parkland and open space standards and criteria.
(1) Recreation and open space shall be intended for public access, with
amenities suitable for access, use, and maintenance.
(2) Additions to adjacent existing or future park and recreation areas
are a priority for land dedication.
(3) Prior to plan approval, documentation shall be provided to the Borough
Planning Commission verifying an agreement with the Borough to accept
dedication of offered land. Absent an acceptance verification, fees-in-lieu
of dedication shall be required.
(4) Land suitable for recreation and open space use shall have minimal
limitations or intrusions to detract from the intended use, with no
more than 15% of the land area to contain easements, steep slopes,
wetlands, stormwater facilities, and similar limiting features (unless
such areas are vital to achieving trail and greenway initiatives of
the most recent version of the Borough's Comprehensive Plan and/or
Lebanon County Comprehensive Plan).
(5) With the agreement of the Borough Planning Commission, credit toward
land dedication or fee-in-lieu costs may be granted to the developers
who propose and complete acceptable public recreation site improvements,
facilities construction, or equipment installation at approved locations.
Credit value shall be documented by the developer and be subject to
review and approval of the value by the Borough Engineer.
C. Park and Open Space Capital Reserve Fund.
(1) Any funds collected as fees-in-lieu of dedication of recreation and
open space shall be deposited in an interest-bearing account. This
account shall be separate from other Borough accounts and shall be
clearly identified for the purpose of funding acquisition and development
of recreation facilities.
(2) Interest earned on all monies deposited in such accounts shall become
funds of that account.
(3) Funds from such accounts shall be expended at the discretion of the
Borough Council to fund the acquisition and site development of public
recreation and open space sites. Expenditures shall be designed to
meet the goals of the Palmyra Area Comprehensive Park, Recreation,
and Open Space Plan of 2008, as amended, and the Lebanon County Recreation
and Open Space Plan.
(4) A maximum of 10% of the funds expended during any calendar year may
be utilized for maintenance or administration of recreation facilities
and sites, where the need is demonstrated for remediation to create
safe, accessible recreational facilities.
(5) Funds collected under this section shall be expended within three
years of receipt (unless the developer extends the period) or the
Borough shall refund such fee, plus interest accumulated thereon from
the date of payment, to the developer upon presentation of a written
request for refund.
(6) Funds collected under this section may be used by the Borough to
provide funding assistance, matching funds for grants and donations,
and funding support for recreational organizations, conservancies,
and similar recreational-oriented agencies, which are cooperating
with Borough Council to facilitate the acquisition and/or development
of public recreation and open space.
All outdoor lighting shall be designed and installed in accordance with §
380-33, Outdoor lighting, of Chapter
380, Zoning, as amended.