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:
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]
(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.
(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:
[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.
