Borough of Malvern, PA Article V Design Standards

§ 181-500 Applications.

A. The following subdivision and land development principles, standards and requirements will be applied by the Borough in evaluating plans for proposed subdivisions and land developments.

B. The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of the public health, safety, and general welfare.

C. Whenever municipal or other applicable regulations impose more restrictive standards and requirements than those outlined herein, such other regulations shall control.

D. The Borough reserves the right to waive, modify, extend, or increase any of the minimum standards set forth herein if conditions so warrant or as may be necessary in the public interest, or where requested by an applicant as set forth in § 181-802.

§ 181-501 General standards.

A. All portions of a tract being subdivided or developed shall be taken up in lots, streets, open spaces, or other proposed uses so that remnants and landlocked areas shall not be created. Reserve strips controlling access to lots, public rights-of-way, public lands or adjacent private lands are not permitted, except where approved by Borough Council.

B. Land shall be developed in conformance with the Borough's Zoning Ordinance,[1] Comprehensive Plan, Revitalization Plan and other ordinances, codes, and regulations in effect in the Borough.

[1] Editor's Note: See Ch. 220, Zoning.

C. Land shall be developed in conformance with all pertinent statutes, regulations, rules and codes of federal, state and county agencies concerned with subdivision, land development, construction and improvements or any activity arising out of or related thereto in any way whatsoever.

D. The design of all subdivisions and land developments shall preserve, insofar as practicable, the natural terrain, natural drainage and existing trees.

§ 181-502 Streets.

A. Proposed pattern of streets shall conform to county and state street and highway plans as have been duly adopted and to the Borough's Comprehensive Plan.

B. Proposed pattern of streets shall be related to existing streets and topography in order to accomplish a smooth flow of traffic, to avoid poor sight distance, to avoid traffic congestion and to promote public safety. The continuation of the existing "grid" pattern of streets is encouraged, with cul-de-sac streets not permitted except where proven necessary.

C. Local streets should be designed to discourage excessive traffic speeds; however, the arrangement of streets should provide for continuation of existing or platted streets and for proper access to adjoining undeveloped tracts suitable for future subdivision or development. Further, adequate provisions for emergency access and provisions for accessibility of emergency vehicles shall be made.

D. If lots resulting from a subdivision are large enough to permit further subdivision, or if a portion of the tract is not subdivided, adequate street rights-of way to permit further subdivision shall be provided as necessary, unless the remaining property is restricted from further subdivision in a manner acceptable to the Borough.

E. Along the existing street on which a subdivision or land development abuts, additional right-of-way, paving or other improvements, including traffic calming measures, shall be made to the street as required by the Borough Council. The improvements to the existing street shall be built to the specifications established by Malvern Borough.

F. Dead-end streets shall not be permitted, except as stubs to permit future street extension into adjoining tracts, or when designed as culs-de-sac or otherwise approved by Borough Council.

G. Streets that are extensions of or obviously in alignment with existing streets shall bear the names of the existing streets. Street names shall not duplicate or closely resemble names of any existing street. All houses shall receive address numbers. All street names and address numbers shall be subject to the approval of the Borough, the Postmaster and the applicable emergency services personnel.

H. Private streets as permitted by the Borough are to be designed and constructed to meet all requirements of public street standards and the recorded plan and other recorded documents shall disclose the parties or persons responsible for the cleaning, maintaining, improving and repairing of private streets.

I. Traffic calming measures shall be implemented on all streets, access drives, parking and loading areas, as required by Borough Council. Traffic calming measures shall be selected through consultation with the Borough and shall be chosen with consideration of Pennsylvania Department of Transportation's "Publication 383 - Traffic Calming Handbook," as last revised, and shall further reflect the Olde Towne Malvern design standards as set forth in § 181-516 and as described and illustrated in the Study for Revitalization of Malvern Borough's Business District: "Victorian Malvern" and in the 2002 Malvern Borough Revitalization Plan.

J. Acceleration, deceleration or turning lanes may be required by the Borough along existing and proposed streets whenever the Borough Council determines such lanes are required to meet reasonable safety needs or required in accordance with Pennsylvania Department of Transportation design criteria.

K. Specifications. The minimum requirements for improvements shall be those contained in the Pennsylvania Department of Transportation's Specifications (Form 408) as last revised, or those of Malvern Borough, as the Borough may specify.

§ 181-503 Street standards.

A. The minimum right-of-way and cartway widths for all new streets in the Borough shall be as follows:

	Street Classification	Right-of-way width (feet)	Cartway width (feet)
	Arterial	60	40
	Collector	60	34
	Distributor	50	32
	Local	50	28
	Common driveway	35	16

B. Additional and/or reductions in right-of-way and cartway widths may be required by the Borough for the following purposes:

(1) To promote public safety and convenience.

(2) To provide sufficient area for on-street parking.

(3) To accommodate special topographic circumstances which may result in cut/fill slopes extending beyond the standard right-of-way in all circumstances to assure accessibility for maintenance operations.

(4) To promote Borough circulation and mobility plans for vehicular and/or pedestrian access as adopted by the Borough within its Comprehensive Plan and/or Revitalization Plan.

C. Where a subdivision or land development abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width shall be dedicated to conform to the standards set by the Borough. Where a subdivision or land development abuts or contains an existing street of inadequate cartway width, the applicant shall be required to widen and/or reconstruct the roadway to meet current Borough standards.

§ 181-504 Street alignment.

A. Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves.

B. To ensure adequate sight distance, minimum centerline radii for horizontal curves shall be as follows:

(1) Collector/distributor street: 300 feet.

(2) Local streets: 150 feet.

C. For all street classifications, a minimum tangent of 50 feet shall be required between curves.

D. The approaches to an intersection shall follow a straight course for at least 50 feet as measured from the intersection of the right-of-way lines.

§ 181-505 Street grades.

A. Center line grades shall not be less than 1% and not greater than 8%.

B. The slope of the crown on proposed streets shall be a minimum of 1/4 inch per foot.

C. Vertical curves shall be used at changes of grade exceeding 1%. The minimum length of vertical curves for local streets shall be 25 times the algebraic difference in grade for crests and sage curves. Any street classification higher than a local street shall be designed to Pennsylvania Department of Transportation standards relative to vertical curves.

D. Where the grade of any street at the approach to an intersection exceeds 4%, a leveling area shall be provided having a grade of no more than 4% over a distance of at least 50 feet measured from the intersecting right-of-way line.

§ 181-506 Street intersections.

A. Streets shall be laid out to intersect at right angles whenever possible, and intersections of less than 60° (measured at the centerline) shall not be permitted.

B. Intersections involving the junction of more than two streets shall be prohibited.

C. Streets shall not intersect on the same side of an arterial or collector at an interval of less than 300 feet between their centerlines.

D. Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of 125 feet between their centerlines.

E. Curb radii at local street intersections shall be no less than 25 feet. Minimum curb radii for other types of street shall be 35 feet. A minimum of 10 feet shall be provided between the edge of pavement and the right-of-way line.

F. Intersections shall be designed to allow for pedestrian crossings in a safe manner by keeping crossing distance to a minimum, by providing crosswalks, which are painted or constructed with contrasting paving materials, to identify crosswalk areas.

G. Clear sight triangles shall be provided at all street intersections and shall be shown on the final subdivision plan to be recorded. Within such triangles, no vision-obstructing object shall be permitted which obscures vision above the height of 30 inches and below 10 feet measured from the centerline grade of intersecting public streets. Deed restrictions shall be recorded to provide for enforcement of this provision. Clear sight triangles shall be established from a distance of:

(1) Seventy-five feet from the point of intersection of the centerlines.

(2) Where an intersection is controlled by a stop sign or traffic signal, the sight triangle shall be measured from a point in the center of the controlled or lesser street 25 feet back from the curb line of the uncontrolled or through street to the distance required above.

H. Sight distance requirements for all intersections shall be in accordance with the Pennsylvania Code, Title 67, Transportation, Chapter 441, "Access To and Occupancy of Highways by Driveways and Local Roads," latest revision. Plans shall indicate the clear sight distances.

§ 181-507 Street access; cul-de-sac streets.

A. A permanent or temporary cul-de-sac in excess of 500 feet in length shall not be permitted unless recommended by the Planning Commission and approved by the Borough Council. Each cul-de-sac street shall have a minimum length of 250 feet. The length is measured from the right-of-way line of the existing or proposed intersecting through street to the center of the turnaround.

B. All subdivisions and land developments creating 20 or more dwelling units shall have a minimum of two access points to existing streets.

C. Cul-de-sac streets shall have at the closed end a turnaround with a right-of-way having a minimum outside radius of not less than 60 feet and shall be paved for a turning radius of not less than 50 feet, as detailed in Appendix A-1.[1]

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

D. No cul-de-sac turnaround shall have a grade which exceeds 5% in any direction.

E. A planted island may be required at the Borough's discretion in the center of the cul-de-sac. If provided, the planted island shall be at least 20 feet in diameter. Ownership and maintenance of the planted island shall be designated on the approved final plan of the subdivision or land development.

F. All public cul-de-sac streets shall have a snow storage easement to facilitate snow removal.

§ 181-508 Alleys.

A. Alleys, where permitted or required, shall have a minimum right-of-way width of 25 feet and a minimum paved width of 12 feet for one-way alleys and 16 feet for two-way alleys. No part of any dwelling, garage or other structure may be located within 20 feet of the centerline of a public alley.

[Amended 3-4-2014 by Ord. No. 2014-3]

B. Alleys serving commercial and industrial establishments may be required if the Borough deems it necessary. Such alleys shall have a minimum right-of-way width of 30 feet and a minimum paved width of 20 feet.

C. Where deemed necessary to facilitate circulation, alleys shall be offered for dedication.

§ 181-509 Street construction standards.

All materials entering into the construction of streets and the methods of construction and drainage shall be in accordance with the applicable requirements of Pennsylvania Department of Transportation Specifications Publication 408, latest revision thereof, and shall be supplied by vendors approved by the Pennsylvania Department of Transportation for the supply of such materials. Cross-sections shall be as described in Table A and detailed in Appendix A-2.[1] Inspection of materials and construction methods shall be as approved in § 181-702 of this chapter.

A. Street design.

(1) Thickness of base and paving for new Borough streets shall meet the minimum requirements outlined in Table A.

Table A 1 1/2 inches Superpave Asphalt Mixture Design, HMA Wearing Course, PG 64-22, 0.3 to 3 Million ESALS, 9.5 mm Mix, SRL-L on 6 inches Superpave Asphalt Mixture Design, HMA Base Course, PG 64-22, 0.3 to 3 Million ESALS, 37.5 mm Mix on 6 inches of 2A modified stone subbase course on Class 4 Geotextile Fabric

(a) Stone subbase course notes: The stone subbase course shall consist of stone and screenings application meeting with the requirements of Pennsylvania Department of Transportation Publication 408, as amended. Every attempt shall be made to completely fill voids with fines. No large areas of solid screenings or loose stone areas shall be permitted.

(b) The application of bituminous concrete base course materials shall be in accordance with Pennsylvania Department of Transportation Publication 70 and Publication 408, both as amended.

(2) Paving design is based on overall soil conditions in the Borough. The Borough Council may require additional paving, base or subbase materials where soil types are inferior, wet or otherwise unsuitable as indicated by the "Soil Survey of Chester and Delaware Counties, Pennsylvania" prepared by the United States Soil Conservation Service or where, in the opinion of the Borough, such conditions exist.

(3) Alternate paving sections may be approved by the Borough Council and the Borough Engineer, as long as the proposed alternative meets the structural strength achieved with the above pavement specification.

B. Subgrade.

(1) The area within the limits of the proposed road surface shall be shaped to conform to the line, grade and cross-section of the proposed road.

(2) All unsuitable subgrade material shall be removed.

(3) All wet or swampy areas shall be permanently drained and stabilized, subject to the approval of the Borough Engineer.

(4) Fills, within the roadway, shall be made with suitable materials approved by the Borough Engineer and thoroughly compacted for full width in uniform layers of not more than eight inches thick. No more than two eight-inch layers of fill shall be laid or placed between inspections by the Borough Engineer.

(5) The subgrade shall be thoroughly compacted by rolling with a minimum ten-ton three-wheel roller. Equivalent vibratory, sheep's foot or rubber tired rollers may be used upon approval of the Borough Engineer. Subgrade shall be compacted tight and dry, to ninety-five-percent compaction at optimum moisture, and shall not be soft and spongy under the roller. Compaction of the subgrade shall extend the full width of the cartway, including the width to be occupied by shoulders.

(6) In fill areas over three feet thick, compaction tests are required in each eight-inch layer at one-hundred-fifty-foot intervals. The tests must be performed by a certified testing laboratory and results submitted to the Borough Engineer. All compaction must be ninety-five-percent compaction at optimum moisture. Any layer not coming up to standard will be removed or rerolled until suitable compaction is obtained.

C. Paving.

(1) Paving and base thickness and materials shall be as specified in Subsection A of this section.

(2) The subbase course where required shall be installed and compacted in accordance with Pennsylvania Department of Transportation specifications and shall extend a distance of seven inches for base course and 12 inches for crushed aggregate base course on all streets beyond the paving line when curbs are not to be installed.

(3) Bituminous base, binder and surface courses shall be laid to the specified thickness measured, after compaction. All bituminous courses shall be laid with a mechanical bituminous paver in accordance with specifications of the Pennsylvania Department of Transportation Specifications, Publication 408, and latest edition thereof.

(4) Delivery slips for all material deliveries shall be furnished to the Borough Engineer.

(5) Failure to adhere to the above specifications shall give the Borough Council cause to refuse to accept streets for dedication.

(6) All wearing courses shall be sealed to the concrete curb with a solid one-foot-wide Class BM-1 bituminous gutter seal.

D. Grading and shoulders.

(1) Roadways shall be graded for the full width of the right-of-way on each side, unless modified by the Borough Council to permit less grading to avoid disturbance of significant trees, historic structures, or other significant natural or cultural resources. Shoulders or berm areas, including planting strips behind curbs, shall be graded with a minimum slope of 1/2 inch per foot and a maximum slope of one inch per foot. Beyond the limits of this grading, banks shall be sloped to prevent erosion but this slope shall conform to details included in Appendix A-2.[2]

[2] Editor's Note: Said appendix is included as an attachment to this chapter.

(2) Seeding. All unpaved areas between the street line and the curb or shoulders (as the case may be) shall be covered with not less than six inches of topsoil, fertilized, seeded, and mulched in a manner and materials approved by the Borough Council.

E. Underdrains may be required by the Borough Council or Borough Engineer to mitigate wet road conditions.

F. Utility trench construction (storm sewer, wastewater lines, water main, gas main etc.) within existing streets shall be backfilled with 2A modified stone placed and compacted in eight-inch lifts. The trench shall be paved with Superpave Asphalt Mixture Design, HMA Base Course, PG 64-22, 0.3 to 3 M ESALS, 25 mm mix (four-inch compacted depth), Superpave Asphalt Mixture Design, HMA Binder Course, PG 64-22, 0.3 to 3 M ESALS, 19 mm mix (two-inch compacted depth) and the entire roadway shall be paved with a full width overlayment (edge of road to edge of road) of Superpave Asphalt Mixture Design, HMA Wearing Course, PG 64-22, 0.3 to 3 M ESALS, 9.5 mm mix, SRL-L (one-inch compacted depth). Utility trenches within proposed streets shall be backfilled with clean, dry, select material and compacted in eight-inch lifts to not less than 100% of the determined dry weight density of the backfill material. Trenches within easements shall be backfilled with clean, dry, select material and compacted in twelve-inch lifts to not less than 100% of the determined dry weight density of the backfill material as set forth in ASTM D 698 and PennDOT Form 408, latest revised.

G. During construction of roads, the contractor shall provide maintenance and protection of traffic meeting Pennsylvania Department of Transportation standards.

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

§ 181-510 Street signs.

A. The developer shall at his expense erect at every street intersection signs indicating the names of the intersecting streets.

B. Street signs, including stop and speed limit signs, are to be erected prior to occupancy of the first dwelling on the street.

C. Street signs shall be consistent in design and construction standards with those in general use by Malvern Borough.

D. All signs shall be high-grade reflectivity signage in accordance with PennDOT standards.

§ 181-511 Blocks and lots.

A. The length, width, and shape of blocks shall be determined on the basis of the following:

(1) Provision of adequate sites for type of buildings proposed.

(2) Zoning requirements for lot size, dimension, and minimum lot area per dwelling unit, in the case of residential blocks.

(3) The limitations and opportunities of the topography, minimizing grading and site disturbance.

(4) Requirements for safe and convenient vehicular and pedestrian circulation and access.

(5) Provision for fire protection and services to buildings.

B. All residential lots shall front on a street, existing or proposed.

C. Side lot lines shall be at right angles or radial to ultimate rights-of-way from the ultimate right-of-way to the rear lot line.

D. Double-frontage lots shall be deed restricted to allow access only to the lower order street.

E. Remnants of land, smaller than required for a lot, shall not be permitted within any subdivision, with the exception of parcels of land to be dedicated for the purpose of utilities or open space or to be conveyed to an adjacent lot and adjoined in the deed.

F. Lots shall be regularly shaped.

[Amended 5-7-2019 by Ord. No. 2019-3]

§ 181-512 Easements.

A. Easements with a minimum width of 20 feet shall be provided for utilities.

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

C. Nothing shall be permitted to be placed, planted, set or put within the area of an easement unless necessary for the purpose of the easement.

D. Drainage easements shall be required along watercourses.

E. Where stormwater or surface water will be gathered within the subdivision or land development and discharged or drained over lands within or beyond the boundaries of the subdivision or land development, the applicant or owner shall reserve or obtain easements over all lands affected if flow patterns are changed, as deemed by the Borough Engineer. The easements shall be adequate for such discharge of drainage and for the carrying off of such water, and for the maintenance, repair and reconstruction, including the right of passage over and upon the same by vehicles, machinery and other equipment for such purposes, and which shall be of sufficient width for such passage and work. The width of the easement shall be approved by the Borough.

F. The Borough may take dedication of easements prior to the final dedication of improvements if necessary to enforce easements during construction or prior to completion of all improvements.

G. Metes and bounds descriptions shall be provided for all easements.

H. The applicant shall provide, where required by the Borough, a method of physically delineating easements for emergency access, pedestrian access or other easements, deemed necessary by the Borough, across private lots. Such method shall include shrubbery, trees, fence, markers, or other method acceptable to the Borough.

§ 181-513 Driveways.

A. All driveways and related improvements shall be located and constructed in such a manner as to provide safe access to Borough and state roads, not to impair drainage or normal maintenance within road rights-of-way, alter the stability of a roadway, subgrade, or roadway embankment, change the drainage of adjacent areas, interfere with the traveling public and assure sufficient area for and access to off-street parking.

B. Sight distance requirements for all driveways shall be in accordance with the Pennsylvania Code, Title 67, Transportation, Chapter 441, "Access To and Occupancy of Highways by Driveways and Local Roads," latest edition. All sight distance obstructions, including, but not limited to, embankments and vegetation shall be removed by the applicant to provide the required sight distance.

C. Clear sight triangles shall be provided at all driveway entrances and shall be shown on the plans. The legs of such triangles shall be at least 50 feet in either direction, measured from a point 12 feet back from the edge of the cartway of the intersecting street. Within such triangles, no object greater than 2 1/2 feet in height and no object that would obscure the vision of the motorist shall be permitted.

D. No more than two lots shall be served by a private driveway in cases of common ownership or shared use of a private driveway. As a condition to final plan approval, an agreement providing for the maintenance, repair, construction and reconstruction, including drainage facility maintenance and snowplowing of the common driveway, shall be submitted to and approved by the Borough, and shall be recorded against the lots in question.

E. Private driveways, whether individual or common, on corner lots, shall be located at the following minimum distances from the point of intersection of the nearest street right-of-way lines:

[Amended 3-4-2014 by Ord. No. 2014-3]

(1) Driveways onto local roads: at least 40 feet; and

(2) Driveways onto collector and arterial roads: at least 100 feet.

F. No driveway shall be situated within five feet of a side or rear property line, except where common driveways are utilized.

G. Driveways to corner lots or lots having access to more than one street shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classifications.

H. Where on-street parking is permitted, the layout of the curb cuts of the driveways shall be designed to maximize the number of on-street parking spaces.

I. Where a driveway slopes down from the street surface, a stormwater runoff paving diverter surface shall be provided for the driveway by sloping up from the edge of street or curb 1/4 inch per foot for a distance of 10 feet before starting the down slope of the driveway.

J. Driveways shall intersect streets as nearly as possible to 90°, but not less than 75° nor greater than 105°.

K. Residential driveways:

(1) The driveway within the legal right-of-way of the public road, or for a distance of at least 20 feet from the edge of the cartway, whichever is greater, shall not have a grade in excess of 4%. The maximum grade of any driveway shall not exceed 12%.

(2) When the grade of a driveway, at any point, exceeds 8%, a minimum of one off-street parking space shall be provided. The off-street parking space shall be located before the grade of the driveway at any point exceeds 8%, outside the driveway access aisle and outside the public right-of-way. Such off-street parking space shall be a minimum of nine feet by 18 feet.

(3) For driveways serving single residential units, the minimum width shall be 12 feet within the legal right-of-way and a minimum of 10 feet at all other points within the property. Width of common driveways shall be a minimum of 16 feet. The Borough may require pullover areas to provide safe passage of two vehicles.

(4) Not more than one driveway entrance shall be permitted for a residential driveway.

(5) Where feasible, new driveways shall provide for a safe turnaround area outside of the road right-of-way, and shall be designed so that vehicles will not be required to back into the adjoining street.

(6) The driveway shall be constructed with a base of stone compacted to six inches and a surface of a minimum of 1 1/2 inch ID-2 bituminous wearing course. Driveway material standards shall apply to driveways for a minimum of 25 feet from the edge of cartway or curb. Common driveways or driveways serving multifamily dwellings shall be paved in their entirety.

L. Nonresidential driveways:

(1) The driveway within the legal right-of-way of the public road, or for a distance of at least 20 feet from the edge of the cartway, whichever is greater, shall not have a grade in excess of 4%. The maximum grade of any driveway shall not exceed 8%.

(2) Driveway entrances into all nonresidential, single-use properties shall be no less than 20 feet in width and shall not exceed 36 feet in width at the street line unless provided with a median divider, and shall be clearly defined by use of curbing. The curbs of these driveway entrances shall be rounded with a minimum radius of 20 feet where they intersect a street.

(3) Driveways serving nonresidential uses shall be paved in their entirety. Specifications for such paving shall be subject to review by the Borough Engineer as applicable for the specific use proposed.

(4) Driveways shall be limited to two along the frontage of any single street and their centerlines shall be spaced a minimum of 50 feet apart.

M. Concrete aprons, where required by the Borough, shall be provided for all driveways with concrete sidewalks. The concrete aprons shall be a minimum of six inches of Class AA concrete (a twenty-eight-day minimum compressive strength of 3,500 psi and 6% air entrainment by volume).

§ 181-514 Curbs.

A. Curbs shall be installed along both sides of all streets and shall be plain concrete curb (18 inches in height) in accordance with "Pennsylvania Department of Transportation Publication 72 — Standards for Roadway Construction," last revised.

B. Curbs shall be provided on all parking areas located within a land development.

C. All curbs shall conform to specifications for Class A concrete, as specified by Pennsylvania Department of Transportation Publication 408, last revised, with a minimum compressive strength of 3,000 psi after 28 days.

D. Curbs shall be constructed to the dimensions shown in Appendix A-3.[1] Final curb reveal, after placement of wearing course, shall be eight inches.

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

E. Curb constructing methods shall be in accordance with Pennsylvania Department of Transportation Publication 408, last revised.

F. Where curb ties into an inlet, two #5 reinforced bars 12 inches long shall be used to connect the curb to the inlet.

G. The depressed curb at driveways shall be no higher than 1 1/2 inch above the street surface. The length of this depressed curb shall not exceed 35 feet without a safety island. This safety island shall not be less than 15 feet in length. Pipes or grates or other constructions shall not be placed in the gutter to form a driveway ramp. The depressed curb at handicapped ramps shall be flush with the paving surface.

H. New curbs cuts for driveways and parking areas shall be limited to the extent feasible. The Borough may approve the removal of an existing curb cut by a business or industry to either increase the number of parking spaces or increase the open space, aesthetics or access in accordance with § 220-2501C(5) of the Malvern Borough Zoning Ordinance.

I. Excavations shall be made to the required depth, and the material upon which the curb is to be constructed, shall be compacted to a firm even surface, to 95% of the maximum dry weight density of the soil.

J. Where it is necessary to replace existing vertical curbs with depressed curbing, two ten-foot-long sections of existing curb shall be removed down to the subgrade without disturbing the adjacent cartway paving. Any portions of the cartway disturbed during curbing removal or installation will be repaired to new condition.

K. Curbing shall be constructed in ten-foot lengths. A premolded bituminous impregnated expansion joint having a minimum thickness of 1/4 inch shall be placed between sections of curved curb and at intervals of not more than 50 feet. Intermediate joints between ten-foot sections shall be saw cut. However, wherever a driveway enters a street, that area of the driveway shall not have a curb joint and can be constructed in lengths not longer than 20 feet.

L. All curb depressions must meet the requirements of the Americans with Disabilities Act and the Pennsylvania Universal Accessibility Act, as applicable.

§ 181-515 Sidewalks and trails.

A. Sidewalks shall be provided on both sides of all existing and proposed streets, within parking areas, and where necessary for safety and convenience to establish pedestrian connections to parking areas and green spaces or through blocks, where required by the Borough upon the recommendation of the Borough Engineer. Sidewalks shall comply with § 181-516, Olde Towne Malvern design standards, as required by the Borough.

B. Sidewalks and/or trails shall be required in any subdivision or land development where it is desirable, in the opinion of the Borough Council, to provide access to community facilities (shopping areas, recreation areas, etc.) or to continue sidewalks/trails that are existing in adjacent developments, or to ensure the safety of pedestrians with respect to traffic or where proposed sidewalks and trails are detailed in Borough's Comprehensive Plan and/or Revitalization Plan. The Borough may waive the requirement for installation of the sidewalks provided that the applicant pays an amount, as determined by Borough Council, not to exceed the cost of installation, into the Borough's Streetscape Improvement Fund.

C. Maintenance of sidewalks is the responsibility of the owner of the property directly adjacent to the sidewalk. Sidewalks which are damaged or deteriorating and present a hazard to public safety, as determined by the Borough's Code Enforcement Officer, shall be repaired at the owner's expense. A note must be added to the record plan indicating the sidewalk maintenance responsibilities.

D. The following design standards shall be used for sidewalks:

(1) The minimum width of all sidewalks shall be four feet. For sidewalks located in a street right-of-way, there shall be a minimum three-foot-wide planting strip between the curb and sidewalk. Additional width may be required, as determined by Borough Council, if walk abuts fence, building, walls or parking areas. Where sidewalk exists on an adjoining property, the dimensions may be modified to match existing conditions.

(2) The grades and paving of the sidewalks shall be continuous across driveways.

(3) The construction of all sidewalks shall be in accordance with the requirements of the Borough.

(4) Sidewalks shall be laterally pitched at a slope not less than 3/8 inch per foot to provide for adequate surface drainage.

(5) Handicap ramps shall be provided at all intersections. All sidewalks and sidewalk ramps must meet the requirements of the Americans with Disabilities Act and the Pennsylvania Universal Accessibility Act. Where sidewalk grades exceed 5%, a nonslip surface texture shall be used.

(6) All sidewalks shall conform to specifications for Class AA concrete, as specified by Pennsylvania Department of Transportation, with a minimum compression strength of 3,500 psi after 28 days.

(7) Where sidewalks abut the curb and building, wall or other permanent structure, a premolded expansion joint 1/4 inch in thickness shall be placed between curb and the sidewalk for the full length of such structure. Sidewalks shall be constructed in separate slabs 30 feet in length except for closures. The slabs between expansion joints shall be divided into blocks five feet in length by scoring transversely.

(8) Sidewalks shall have a minimum thickness of four inches when used solely for pedestrian traffic and a minimum thickness of six inches at all residential driveways; seven inches for commercial driveways, and eight inches for industrial driveways. Welded wire fabric (6/6-10/10) shall be provided in all sidewalks constructed at driveways. Fiber-reinforced concrete may be used as an alternative, upon approval of the Borough Engineer.

(9) Excavation shall be made to the required depth and a layer of four-inch base of 2A aggregate shall be placed and thoroughly compacted prior to laying the sidewalks when used solely for pedestrian traffic and a minimum thickness of a six-inch base at all driveways.

E. The following design standards shall be used for trails:

(1) The trail shall be designed to accommodate only nonmotorized traffic.

(2) An easement or right-of-way, as required by the Borough, of at least 15 feet shall be established for the entire length of the trail.

(3) The Borough may, but shall not be required to, accept dedication of a trail easement of right-of-way, provided:

(a) The trail is constructed to Borough specifications;

(b) There is no cost to the Borough for acquiring the easement of right-of-way; and

(c) The Borough agrees to and has access to maintain the trail.

(4) Trails shall be logically related to environmental features so as to minimize disturbance to such features while permitting observation of such features. Disturbance of sensitive natural features such as wetlands should be avoided. When it is necessary to cross a watercourse, the applicable Borough floodplain regulations shall be adhered to.

(5) Trails shall be constructed on reasonable grades, have proper drainage, and provide adequate sight distances for the safety of trail users.

(6) Trails shall be constructed to the dimensions shown in Appendix A-4.[1] Trails shall be a minimum of six feet wide, except along collector and arterial streets, and adjacent to shopping centers, schools, recreation areas, and other community facilities, or where bicycle use is anticipated, where they shall be a minimum of eight feet wide.

[1] Editor's Note: Said appendix is included as an attachment to this chapter.

(7) Trails shall cross roadways and parking lots at a ninety-degree angle.

(8) Trail grades shall be consistent with the Americans with Disabilities Act Accessibility Guidelines for Outdoor Developed Areas, latest version.

(a) Cross slope. The cross slope shall not exceed 1:20 maximum.

(b) Running slope. Running slope of trail segments shall comply with one or more of the provisions of this section. No more than 30% of the total trail length shall exceed a running slope of 1:12.

[1] Running slope shall be 1:20 or less for any distance.

[2] Running slope shall be 1:12 maximum for 200 feet maximum. Resting intervals shall be provided at distances no greater than 200 feet apart.

[3] Running slope shall be 1:10 maximum for 30 feet maximum. Resting intervals shall be provided at distances no greater than 30 feet apart.

[4] Running slope shall be 1:8 maximum for 10 feet maximum. Resting intervals shall be provided at distances no greater than 10 feet apart.

(c) Resting intervals shall be 60 inches minimum in length, shall have a width at least as wide as the widest portion of the trail segment leading to the resting interval, and have a slope not exceeding 1:20 in any direction.

(9) Trail excavations shall be made to the required depth and a Class 4 Geotextile fabric shall be placed over the compacted subgrade. A subbase layer of crushed stone, PennDOT 2A Modified, not less than six inches thick shall be placed and thoroughly compacted prior to laying the trail (this may be achieved in one lift). The base course shall extend out a distance of one foot from the paved width on either side of the trail before tapering to subgrade.

(10) Trail paving shall consist of a bituminous concrete binder course having a compacted depth of two inches and a wearing course having a compacted depth of one inch. A tack coat shall be applied between the two courses and any joints must be sealed.

(11) Trails shall be constructed with appropriate drainage swales and surface pitch or crowning so that water flows off the trail in a perpendicular sheet flow.

(12) These design requirements may be waived if environmental or topographic constraints preclude the use of a paved trail. Stone or mulch trails may be permitted, if recommended by the Planning Commission and approved by Borough Council.

§ 181-516 Olde Towne Malvern design standards.

A. Purpose and applicability.

(1) The Olde Towne Malvern design standards are intended to complement and extend otherwise applicable design standards in order to accomplish the following:

(a) To provide a cohesive positive character for the Olde Towne Malvern area.

(b) To establish a pedestrian-oriented town center, encouraging pedestrian circulation throughout.

(c) To create and enhance the Olde Towne Malvern setting through the unified use of materials, street furniture, signage, landscaping and lighting, as well as the provision of banners, benches, bike racks, bollards, fencing, pavements and the like, which add character and identity to the place.

(2) The Olde Towne Malvern design standards shall generally apply throughout the Borough. Specific application of any standard shall be at the discretion of Borough Council and upon the recommendation of the Borough Engineer or Zoning Officer and/or the Borough Planning Commission.

(3) In addition to the standards and guidelines set forth in this section, all applicants shall comply with any other specific design standards or design specifications set forth in this article or which may be adopted by the Borough, or which, at the time of application, may be required by the Borough upon the recommendation of the Borough Engineer or Zoning Officer, as applicable, and/or the Borough Planning Commission.

(4) Where required by the Borough upon the recommendation of the Borough Engineer or Zoning Officer, as applicable, applicants shall submit plans, drawings and architectural details, including pertinent installation and anchoring details and material samples, as well as information on color, signage, graphics and height to the extent necessary to demonstrate compliance with the Olde Towne Malvern design standards, as applicable.

(5) Where provision for any particular improvement set forth in this section, in its entirety, may not reasonably be required as part of a single subdivision or land development plan, the Borough and the subject applicant may agree to the dedication of funds to the Borough representing a reasonable proportion of the cost to implement or install the subject improvement.

B. Design standards and guidelines.

(1) All design aspects of any application shall be considered from the standpoint of consistency with the objectives of revitalization of the Borough of Malvern, rooted in maintaining, enhancing and building upon the Victorian character prominent in the early period of significant development of Malvern as a railroad suburb. These objectives are expressed in terms of desired land development improvements in the Study for Revitalization of Malvern Borough's Central Business District and the 2002 Malvern Borough Revitalization Plan. Graphic and illustrative portrayal of major design objectives is encompassed in the General East King Street Plan and the General West King Street Plan found in Appendices A-6.1 and A-6.2, the Sample Streetscape Design Analysis found in Appendices A-7.1 and A-7.2, and the Sample Walkway Plan included as Appendix A-8. Specific design specifications also are graphically portrayed in Appendices A-5.1 through A-5.5.[1]

[1] Editor's Note: These appendixes are included as attachments to this chapter.

(2) Sidewalks, walkways and crosswalks.

(a) Where required by the Borough upon the recommendation of the Borough Engineer, sidewalks and walkways shall be designed consistent with the sample walkway plan provided in Appendix A-8,[2] unless otherwise specifically approved or required by the Borough.

[2] Editor's Note: Said appendix is included as an attachment to this chapter.

(b) Sidewalks shall be constructed as concrete, brick pavers on a concrete base, or concrete with brick pavers accent bands, as required by the Borough upon the recommendation of the Borough Engineer, and in conformance with the design specifications set forth in Appendices A-5.1 through A-5.3, as applicable.

(c) Crosswalks shall be provided at intersections of streets and driveways as integral components of the pedestrian circulation system to provide for the continuation of sidewalks and walkways across such streets and driveways. Where required, crosswalks shall be, at minimum, six feet wide, shall comply with ADA requirements, and shall be defined through the use of brick pavers, consistent with the Study for Revitalization of Malvern Borough's Central Business District or as recommended by the Borough Engineer.

(d) Crosswalks shall be incorporated within the design of raised intersection speed tables, consistent with the 2002 Malvern Borough Revitalization Plan where required by the Borough.

(3) Street furniture.

(a) Benches, bollards, bike racks, waste receptacles and other street furniture shall be installed where required by the Borough, and shall be designed to complement the design of sidewalks, walkways, building entrances and green spaces, to help define outdoor public space, to minimize pedestrian and vehicular conflicts, and to enhance pedestrian safety and comfort. The Borough may waive the requirement for installation of street furniture provided that the applicant pays an amount, as determined by Borough Council, not to exceed the costs of the street furniture including installation, into the Borough's Streetscape Improvement Fund.

(b) Street furniture shall conform to design standards specified by the Borough upon the recommendation of the Borough Engineer, Zoning Officer, and/or the Borough Planning Commission, as applicable, and in general conformance with the sample streetscape design analysis presented in Appendices A-7.1 and A-7.2 and the sample walkway plan included in Appendix A-8.[3]

[3] Editor's Note: These appendixes are included as attachments to this chapter.

(c) All street furniture shall be suitably anchored to provide stability and shall be maintained in good condition.

(4) Lighting, lightpoles, and streetlights.

(a) Lighting shall be provided consistent with the provisions of the Malvern Borough Zoning Ordinance[4] and designed so as to maintain a low level of illumination for nonessential lighting, avoid glare, and conserve energy.

[4] Editor's Note: See Ch. 220, Zoning.

(b) Streetlights shall be required along all street frontages, with a minimum of one streetlight for every 100 feet of street frontage.

(c) Streetlights and other pole lighting (e.g., along walkways) shall conform to the design depicted in Appendices A-5.4A or A-5.4B and A-5.5,[5] or approved equal, as specified by the Borough Engineer.

[5] Editor's Note: These appendixes are included as attachments to this chapter.

(5) Parking. Parking shall be provided as required in accordance with Article XXV of the Malvern Borough Zoning Ordinance[6] and as set forth in § 181-523. In addition, the locations and layout of parking areas shall conform to the recommendations of the Study for Revitalization of Malvern Borough's Central Business District and the 2002 Malvern Borough Revitalization Plan unless otherwise approved by the Borough.

[6] Editor's Note: See Ch. 220, Zoning.

(6) Landscaping. Street trees, planters, landscape berms, fences, and other landscape features, including buffering of parking lots, shall be provided in conformance with § 181-525 and the recommendations of the Study for Revitalization of Malvern Borough's Central Business District and the 2002 Malvern Borough Revitalization Plan, as applicable.

(7) Building style and materials. Building styles and materials should reflect traditional and historical precedent in Olde Towne Malvern. No building shall be a windowless box. Architectural features such as clock towers, porches, porticos and colonnades may be utilized to provide accent and orientation features or to add grace and charm to Olde Towne Malvern. Porches, porticos and colonnades also are encouraged to provide shade and to serve as a transitional space from the public to private realm of Olde Towne Malvern.

(8) Optional adornments.

(a) Awnings, banners, hanging baskets, fences, planters, hanging baskets and other facade, landscape or streetscape detailing may be utilized as optional adornments, intended to add color; soften hard aspects of the urban/suburban environment canopy, provide shelter, or visually reinforce building entrance location(s).

(b) Where provided, optional adornments may be utilized for limited signage graphics in accordance with Article XXVI of the Zoning Ordinance.[7] Any signage graphics shall count toward applicable sign area limitations.

[7] Editor's Note: See Ch. 220, Zoning.

(c) All optional adornments shall be installed so as to provide a minimum vertical clearance of eight feet above any sidewalk or other walkway.

(d) All such features shall be installed and maintained to last. Damaged materials shall be repaired or replaced as necessary.

§ 181-517 Stormwater management.

A. All subdivisions or land developments shall provide for adequate stormwater management in compliance with the requirements set forth in the Malvern Borough Stormwater Management Ordinance of 2014, which, including all of its appendices, shall be appended to this Subdivision and Land Development Ordinance as "Appendix B" and which is incorporated herein by this reference as fully as if set forth here, at length.[1]

[Amended 5-20-2014 by Ord. No. 2014-6]

[1] Editor's Note: Said Appendix is on file in the Borough offices.

B. Municipal Stormwater Control and BMP Operation and Maintenance Fund.

(1) Persons installing stormwater controls or BMPs shall be required to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:

(a) If the stormwater control or BMP is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the municipality for a period of 10 years, as estimated by the Municipal Engineer. After that period of time, inspections will be performed at the expense of the municipality.

(b) If the stormwater control or BMP is to be owned and maintained by the municipality, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Municipal Engineer will establish the estimated costs utilizing information submitted by the applicant.

(c) The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Municipal Engineer shall determine the present worth equivalents, which shall be subject to the approval of the governing body.

(2) If a stormwater control or BMP is proposed that also serves as a recreational facility (e.g., ball field or lake), the municipality may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreational purpose.

(3) If, at some future time, a stormwater control or BMP (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any amount of the deposit remaining after the costs of abandonment are paid will be returned to the depositor.

(4) If stormwater controls or BMPs are accepted by the municipality for dedication, the municipality may require persons installing stormwater controls or BMPs to pay a specified amount to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to help defray costs of operations and maintenance activities. The amount may be determined as follows:

(a) The amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the municipality.

(b) The amount shall then be converted to present worth of the annual series values.

(5) If a stormwater control or BMP is proposed that also serves as a recreational facility (e.g., ball field or lake), the municipality may adjust the amount due accordingly.

(6) The municipality may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover long-term maintenance of stormwater controls and BMPs.

(7) The municipality may require applicants to pay a fee to the Municipal Stormwater Control and BMP Operation and Maintenance Fund to cover stormwater-related problems which may arise from the land development and earth disturbance.

§ 181-518 Erosion and sedimentation control.

A. Earth disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This chapter shall operate in coordination with those parallel requirement; the requirements of this chapter shall be no less restrictive in meeting the purposes of this chapter than state law.

B. All earth disturbance activity within the Borough shall be designed, implemented, operated and maintained to meet the purposes of this chapter, through these two elements:

(1) Erosion and sediment control and stormwater management during the earth disturbance activity (e.g., during construction).

(2) Stormwater management and water quality protection measures after completion of earth disturbance activity (e.g., after construction), including operations and maintenance.

C. No earth disturbance activity within the Borough shall commence until the requirements of this chapter are met.

D. Post-construction water quality protection and operations and maintenance of permanent stormwater BMPs shall be addressed as required by Malvern Borough Stormwater Ordinance.[1]

[1] Editor's Note: See Ch. 177, Stormwater Management.

E. All best management practices (BMPs) used to meet the requirements of this chapter shall conform to the state water quality requirements, and any more stringent requirements as determined by the Borough.

F. Erosion and sediment control during earth disturbance activities.

(1) No earth disturbance activity within the Borough shall commence until approval by the Borough of an erosion and sediment control plan for construction activities. An erosion and sediment control plan shall be prepared to demonstrate compliance with the following reference publications, as amended.

(a) 25 Pa. Code Chapter 102, Erosion and Sediment Control, Section 102.4(b)(5).

(b) PA DEP Erosion and Sediment Pollution Control Program Manual, March 2000, as amended.

(2) The erosion and sediment control plan shall be prepared by a person trained and experienced in erosion and sediment control methods and techniques, and shall be designed to minimize the potential for accelerated erosion and sedimentation.

(3) A copy of the erosion and sediment control plan and any required permit shall be available at the project site at all times.

(4) DEP has regulations that require an erosion and sediment control plan for any earth disturbance activity of 5,000 square feet or more, and that require implementation and maintenance of erosion and sedimentation control best management practices to minimize the potential for those activities which disturb less than 5,000 square feet, under 25 Pa. Code § 102.4(b).

(5) In addition, under 25 Pa. Code Chapter 92, a DEP NPDES construction activities permit is required for regulated earth disturbance activities. Evidence of any necessary permit(s) for regulated earth disturbance activity from the Southeast Regional DEP office or Chester County Conservation District must be provided to the Borough.

(6) All graded or earth disturbance shall be stabilized, whether temporary or permanent, within three days of the initial groundbreaking and, weather permitting, shall be watered, tended and maintained until growth is well established.

(7) Erosion and sediment control plans shall include the minimum limit of disturbance necessary to provide access for grading and acquire borrow material to construct the BMPs (including sediment basins and sediment traps) necessary to control erosion and sediment pollution. All plans shall adhere to applicable maximum area of disturbance criteria.

(8) Erosion and sediment BMPs must be constructed, stabilized, and functional before site disturbance begins within the tributary area of these BMPs.

G. Until the site is stabilized, all erosion and sediment BMPs must be maintained properly. Maintenance must include inspections of all erosion and sediment BMPs after each runoff event and on a weekly basis. All preventive and remedial work, including cleanout, repair, replacement, regrading, reseeding, remulching, and renetting must be performed immediately. If erosion and sediment control BMPs fail to perform, as expected, replacement BMPs or modifications of those installed will be required immediately.

§ 181-519 Sewage disposal.

A. All public or private sanitary sewer systems and wastewater treatment facilities shall be designed, constructed and maintained in compliance with all applicable rules, regulations and specifications of Malvern Borough, including but not limited to, the Borough Official Sewage Facilities Plan; Chapter 168, Sewers, of the Malvern Borough Code, Chester County Planning Commission and Health Department; and the Pennsylvania Department of Environmental Protection. No such system or facility shall be constructed or installed and no connection to such existing system or facility shall be made unless and until the design, installation, construction and/or connection have been reviewed and approved by all applicable regulatory agencies.

B. Wherever public sewer system is available and when consistent with the Borough's Act 537 Sewage Facilities Plan, sanitary sewers and lateral connections to each building in a subdivision or land development shall be installed at the expense of the applicant. When not consistent with the Sewage Facilities Plan, a revision to the plan must be requested in accordance with Act 537, the Pennsylvania Sewage Facilities Act.[1] If public sewer is not available but is planned for the area in question, a system of sewers, together with all necessary laterals extending from the sewer to the street right-of-way line, shall be installed and capped.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

C. On-site sewage disposal systems.

(1) On-site or on-lot sewage disposal systems may be utilized if such systems are permitted by the Borough's Official Sewage Facilities Plan or if sanitary sewers are not available or if the requirement to connect to sanitary sewers is specifically waived pursuant to Chapter 168, Sewers, of the Malvern Borough Code.

(2) On-lot sewage disposal systems shall be installed in accordance with Act 537, the Pennsylvania Sewage Facilities Act, and the rules, regulations and permit requirements of the Chester County Health Department.

(3) If the use of on-lot sewage disposal systems is proposed for a subdivision or land development, the area of each lot upon which such system is to be located must be delineated on the preliminary plan.

D. Plans and specifications. Construction drawings, prepared by a registered professional engineer, must be prepared for all facilities and shall include:

(1) An overall plan view of the collection system showing the location of all sewers and manholes together with manhole numbers, all existing and proposed buildings with elevations of finished floor and basement floor (if applicable) and all existing and proposed sewer laterals.

(2) Profile view of all existing and proposed sewer mains, including ground, rim and invert elevations, grade of all existing and proposed sewer mains, pipe lengths, and size and type of sewer pipe.

(3) All lots without basement service to be clearly noted on plan view.

(4) Drawings shall contain a note that all construction of sanitary sewers shall be in accordance with the standards and specifications adopted by the Malvern Borough.

(5) All elevations shall be based on USGS datum with bench marks noted and described and shall be tied into any bench marks established by the Malvern Borough.

(6) Shop drawings of all material shall be submitted to the Borough for review and approval prior to the start of construction.

(7) Erosion and sedimentation control plans will be submitted wherever sewers are being constructed through land not covered by the overall erosion and sedimentation plan.

E. Sewer main design criteria.

(1) Minimum sewer diameter shall be eight inches and the minimum slope shall be 1/2%.

(2) Minimum cover over the top of the sewer shall be 4 1/2 feet unless special construction precautions such as cast-iron pipe or concrete encasement are specified and approved.

(3) Maximum depth of sewer shall be 18 feet, unless otherwise permitted by the Borough.

(4) Sewer mains shall be placed on six inches of AASHTO #8 stone bedding and within all streets, backfilled completely AASHTO #8 stone. In lawn areas, the main shall be backfilled with a minimum of 12 inches of AASHTO #8 stone.

(5) When sewers are designed with a grade in excess of 20%, steep slope anchors shall be installed.

(6) Sewer easements outside of public rights-of-way shall be a minimum of 20 feet with a temporary construction easement of 10 feet.

(7) When a sewer crosses a stream or ditch, the design shall be in accordance with PA DEP rules and regulations.

(8) Sewers shall be located a minimum of 10 feet horizontally from any obstruction such as a building. Sewers must be a minimum of 10 feet from a water main or 18 inches (measured from top of sewer to bottom of water main) under the same. When a sanitary sewer line crosses above or under any other pipeline with separation of less than 18 inches, the sanitary line will be provided with concrete encasement that extends 10 feet on either side of the pipe being crossed.

(9) Material: All sewer mains shall be:

(a) Ductile iron pipe and shall conform to ASTM A764.

(b) PVC SDR 35 pipe and shall conform to ASTM D3034.

F. Sewer manhole design criteria.

(1) Manholes between gravity sewers shall be placed at all changes in grade, size of pipe or alignment and at intervals not greater than 350 feet.

(2) Manholes shall not be located in or near the gutter line of the road where they will be exposed to surface flooding.

(3) Manholes shall have a drop of 0.2 feet between the inlet and outlet built-in.

(4) Manhole cones shall be a minimum of three feet in height. Shorter cones and slab-top manholes may be used only with the permission of the Borough Engineer.

(5) Watertight lids will be used and noted on the plans when the manhole is within a one-hundred-year floodplain or may become submerged.

(6) In all manholes, the pipes entering and leaving shall be oriented so that the flow angle is more than 90°.

(7) When connecting to an existing manhole which contains an existing pipe of larger diameter, the contractor shall match elevations of the tops of both pipes.

(8) Material:

(a) Manholes shall be precast manhole sections conforming to ASTM C-478, latest edition, and shall be of watertight construction. All internal and external surfaces shall be coated or lined.

(b) Precast base and barrel sections shall have tongue and groove joints with round rubber gaskets set in specially provided indentations conforming to ASTM C-443, or butyl base joint sealant that permits installation in temperatures from -20° F. to 120° F. and meets Federal Specification SS-S-00210.

(c) Pipe to manhole joints shall be Lock-Joint flexible manhole sleeve, Kor-N-Seal joint sleeve, or equivalent.

(d) Damp proofing for concrete shall be semi-mastic type Horn "Dehydratine #4," "RIW Marine Emulsified Liquid" by Toch Bros., Inc., "Hydrocide 600" by Sonneborn, or equivalent.

(e) Manhole rungs, when required, shall be of five-eighths-inch diameter, aluminum safety type steps. Rungs shall be placed 12 inches on center in concrete and shall not be subjected to any loads for a minimum of seven days. Copolymer polypropylene steps reinforced with 3/8 inch Grade 60 steel rebar throughout may be used in place of aluminum.

(f) The concrete manholes shall have a channel passing through the bottom which corresponds in shape with the lower two-thirds of the pipe. Side inverts shall be curved and main inverts (where direction changes) shall be laid out in smooth curves of the longest possible radius. The top of the shelf shall slope to drain towards the main channel.

(g) All surfaces to be damp proofed shall be clean, smooth, dry, and free from loose material. Brush the damp proofing onto the outside concrete manhole surface and fill all voids. Apply in two coats and conform to the covering capacity of the material used in strict accordance with the manufacturer's recommendations and directions. First coat to be applied by the manufacturer of the manholes. Second coat to be field applied by the contractor. Do not apply damp proofing in freezing or wet weather.

(h) Iron castings for manhole frames and covers shall conform to ASTM A 48 and shall be Class 30.

(i) Manhole frames and covers shall be tough gray iron free from cracks, holes, swells, and cold shuts. The quality shall be such that a blow from a hammer will produce an indentation on an edge of the casting without flaking the metal. Frames and covers shall be machine seated so as to provide a tight, even fit.

(j) Manhole frames shall be six inches to eight inches high and shall be approximately 35 feet in diameter with a minimum opening of 22 inches and a maximum opening of 44 inches. Manhole covers shall be solid and shall have the word "SEWER" (three inches high) cast on the top. The approximate total weight of frame and cover shall be 395 pounds. Covers shall have two concealed pickholes.

(k) Casting shall be given one coat of cold-tar pitch varnish at the factory before shipment, and said coating shall be smooth and tough and not brittle.

(l) Frames shall be set concentric with the top of the masonry and in full bed of mortar so that the space between the top of the manhole masonry and the bottom flange of the frame shall be completely filled and made watertight. A thick ring of mortar extending to the outer edge of the masonry shall be placed all around and on top of the bottom flange. Mortar shall be smoothly finished and have a slight slope to shed water away from the frame.

G. Sewer lateral design criteria.

(1) Lateral connections to each lot shown on the approved final plan shall be installed to the right-of-way line of the street prior to road paving. All laterals and manholes shall be capped and sealed to prevent the infiltration of any liquid. No underground water from springs or basements shall be permitted to enter any sanitary sewer line. Capped sewers shall be so installed as to avoid placing connections under any paved areas or driveways.

(2) Each building shall have a separate connection to the sewer main.

(3) Existing lateral lines may be utilized for new connection provided that they pass necessary tests, as required by the Borough Engineer.

(4) Minimum lateral diameter shall be four inches and minimum slope shall be 2% unless otherwise approved by the Borough Engineer.

(5) Maximum length of a lateral will be 150 feet, unless approved otherwise by the Borough Engineer.

(6) The minimum cover shall be 3.5 feet to prevent crushing and freezing. Minimum cover under paved areas shall be four feet.

(7) A straight horizontal alignment shall be maintained where feasible.

(8) Clean-outs shall be provided at:

(a) Intervals of not greater than 50 feet.

(b) All horizontal bends of 45° or greater.

(c) Within 10 feet of building foundation.

(9) An interceptor trap shall be placed between the curb line and the building. The trap shall be cast iron or PVC single running trap with vent. The riser and vent shall be on the building side of the trap.

(10) Material: All laterals shall be cast iron, ductile iron or PVC pipe. Under driveways, parking lots or where directed by the Borough, cast iron, ductile iron, or Schedule 40 PVC pipe shall be used with pipe bedding and backfill as required within Borough streets. PVC pipe in nonpaved areas shall be SDR 35 (ASTM D3034) or Schedule 40 PVC (ASTM D1785) solid wall pipe.

H. Testing and inspections.

(1) All sewers, including mains, laterals and manholes shall be subjected to inspections by the Borough and testing for leakage in accordance with the requirements of the Borough Engineer. The applicant shall be responsible for furnishing all necessary material and equipment for testing.

(2) Air testing of all sewer shall be in accordance with ASTM C828.

(3) If determined to be necessary by the Borough, a television inspection shall be performed on the sections or portions of the sewer as directed by the Borough Engineer. Video tapes and a written report of all television inspections shall be provided to the Borough. The form of the report and type and format of the video tape shall be approved by the Borough Engineer. Fees and costs connected with television inspections shall be paid for by the developer or owner.

(a) All dips, cracks, leaks, improperly sealed joints, and departures from approved grades and alignment shall be repaired by removing and replacing the involved sections of pipe.

(b) All defects and corrective work required as the result of T.V. inspection shall be performed by the developer without delay. Upon completion thereof, the sewer shall be retested and such further inspection made as may appear warranted.

I. As-built drawings. Prior to acceptance of the work, copies of as-built drawings shall be submitted by the applicant. As-built drawings will be copies of the approved construction drawings. Existing design numbers (top and invert elevations, pipe lengths and slopes) shall be crossed out with one line so that the original numbers can still be determined. As-built numbers will be indicated below the crossed out numbers. The plans shall be prepared by a licensed surveyor. The plans shall show as-built locations of all lateral stubs. All easements shall be shown and shall be fully described with metes and bounds.

§ 181-520 Water supply.

A. Each dwelling unit, commercial or industrial building in all subdivisions and land developments hereafter granted approval shall have an adequate supply of potable water for domestic use and an adequate supply of water for purposes of fire protection.

B. Public water supply systems. All subdivisions and land developments comprised of the following uses shall be served by a public water supply system, except as noted in § 181-520C.

(1) Residential single-family detached dwellings on lots of less than one acre.

(2) Residential multifamily dwellings.

(3) Mobile home parks.

(4) Commercial, industrial, institutional or other nonresidential buildings.

C. Private on-site water supply systems. Subdivisions and land developments comprised of residential single-family detached dwellings on lots of one acre or larger may be served by an on-site water supply system. All proposed on-site water supply systems shall have a permit certified by the Chester County Health Department prior to issuance of the building permit.

D. All proposed water distribution systems shall be designed, connected and installed to meet the specifications and requirements of the Department of Environmental Protection, the Pennsylvania Utility Commission, the Chester County Health Department, the National Fire Prevention Association, the Borough Engineer and all Borough ordinances. The complete design of the proposed distribution system and shall be provided as a part of all final plans.

E. All mains, laterals and other facilities for connection from the lots to public water supply systems shall be installed by the applicant in accordance with the standards and materials recommended by the public utility company.

F. A copy of the approval of such system by the appropriate public utility company shall be submitted with the final plan. Suitable agreements shall also be established for the design, specifications, construction, ownership and maintenance of such a distribution system.

G. Design standards.

(1) The design shall include the pipe material and the size of the water mains to be utilized, the size of the existing water system main(s) at the point(s) of interconnect and the existing and proposed placement of all valves and fire hydrants.

(2) Distribution systems for a residential district shall be laid out in a grid pattern and looped where possible to avoid the use of dead-end mains. In the event that dead ends cannot be avoided, the dead end of a main shall have a fire hydrant, flushing hydrant or blowoff for flushing purposes.

(3) Mains within a residential district shall be a minimum of six inches in diameter where the lengths between intersecting mains are no more than 600 feet. Mains shall be a minimum of eight inches in diameter for distances greater than 600 feet.

(4) Mains located on principal streets and arterial mains shall be a minimum of eight inches in diameter unless a larger size is specified by the Borough Engineer for future interconnects design potential.

(5) Distribution systems and main accesses for commercial and industrial developments shall comply with those for a residential district unless greater sizes are specified by the engineer of the appropriate public utility company, the Borough Engineer and/or the Fire Marshal.

(6) Standards and materials for the construction of all water distribution systems shall meet or exceed those requirements described in the most recent edition of the Public Water Supply Manual of the Department of Environmental Protection and shall be subject to the approval of the Borough Engineer.

(7) In residential developments, fire hydrants shall be installed within 600 feet of all existing and proposed structures, measured by way of accessible streets.

(8) In commercial and/or industrial districts, fire hydrants shall be installed within 400 feet of all existing and proposed structures, measured by way of accessible streets.

H. Minimum water supply requirements. In all subdivisions and land developments served by public water, the following water pressure and gallonage requirements shall apply:

(1) Residential use. A minimum domestic pressure of 30 pounds per square inch shall be provided at each house to be connected to the water supply main. The system to which the residential unit is connected shall have sufficient capacity to supply a minimum of 300 gallons of water per residential unit per day within the subdivision or land development.

(2) Nonresidential use. A minimum domestic pressure of 30 pounds per square inch shall be provided at each commercial or industrial building connected to the water supply main. When a building wishes to connect to a public water system, a study will be made to determine if there is adequate water supply in the system to supply the building and use.

(3) For purposes of fire protection in residential districts, the system shall be demonstrably capable of providing fire flow water requirements for a minimum duration of two hours of not less than 500 gallons per minute at residual pressures of 20 pounds per square inch.

(4) For purposes of fire protection for nonresidential use, a pressure of 1,000 gallons per minute (G/M) at 20 pounds per square inch (psi) residual is required.

I. Approvals/reviews. No construction of any water distribution system shall commence prior to written approvals and/or comments from the Department of Environmental Protection, the Chester County Health Department, the Fire Marshal and the Borough Engineer.

§ 181-521 Other utilities.

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

B. Underground utilities shall be installed before the streets are constructed, as approved by the Borough Engineer.

C. Easements shall be required to facilitate the maintenance and repair of utility lines. Facilities shall be located within a right-of-way or in the center of an easement not less than 15 feet wide.

D. All proposed utility locations shall be coordinated so as not to conflict with required landscaping requirements.

E. In accordance with the provisions of Pennsylvania Utility Line Protection Act, Act 187 of 1996, as amended,[1] any applicant shall contact all applicable utilities and accurately determine the locations and depths of all underground utilities within the boundaries of the tract proposed for development, prior to excavation. A list of the applicant's utilities and their phone numbers shall appear on the plans submitted for review, and proof of contact shall be presented in the form of the Pennsylvania One Call System serial number.

[1] Editor's Note: See 73 P.S. § 176 et seq.

§ 181-522 Monuments and markers.

A. Monuments shall be placed at sufficient locations to define the exact location of all streets and to enable the re-establishment of all street lines. In general, they shall be set on the street line on one side of the street at the beginning and ending of all curves and at those points on the curve at the street intersections necessary to establish the actual intersection. Monuments shall be placed at the tract perimeter where no markers exist, as required by the Borough.

B. Markers shall be placed at all points where lot lines intersect street lines or other lot lines and all angle points in lot lines.

C. Monuments shall be concrete with a minimum top width of four inches by four inches and a bottom width of six inches by six inches. The minimum height shall be 24 inches.

D. Markers shall be steel bars at least 24 inches long and not less than 5/8 inch in diameter.

E. Markers shall be placed at each change in direction of boundary, at each angle point and at the beginning and end of curves along all roadways, and at every front lot corner where it intersects the street line. Utility easements shall be monumented at their beginning, their end, and at all directed changes; and monuments shall be placed in the ground after final grading is completed, at a time specified by the Borough Engineer. The monument shall be concrete, the size and length as may be approved by the Borough Engineer.

F. All monuments shall be certified for accuracy by the developer's engineer, or their accuracy checked by the Borough Engineer. Accuracy of monument shall be within 3/100 of a foot.

G. In cases where it is impossible to set a monument or where the permanency of a monument may be better ensured by off-setting the monument with a reference monument(s), the Borough may authorize such procedure, provided that proper instrument sights may be obtained and complete offset data is designated on the record plan. A reference monument (preferably two) should be set on the boundary line(s) that intersect the corner.

H. Metal alloy pins shall be set at all individual lot corners except where concrete monuments are required.

§ 181-523 Parking areas.

A. All subdivisions or land developments shall provide adequate off-street parking and loading facilities in compliance with the requirements set forth in Article XXV of the Malvern Borough Zoning Ordinance[1] as applicable.

[1] Editor's Note: See Ch. 220, Zoning.

B. Construction specifications. Except where otherwise specifically approved by the Borough upon the recommendation of the Borough Engineer, the following minimum construction specifications shall be utilized for all off-street parking areas: 1 1/2 inch of ID-2 Bituminous Wearing Course on two inches of ID-2 Bituminous Binder Course on eight inches of crushed aggregate base course (PennDOT No. 3A modified).

§ 181-524 Outdoor lighting.

All subdivisions or land developments shall comply with the requirements set forth in § 220-2307 of the Malvern Borough Zoning Ordinance as applicable.[1]

[1] Editor's Note: See Ch. 220, Zoning.

§ 181-525 Landscaping, screening and street trees.

A. General landscaping requirement. Any part or portion of any lot or tract which is not occupied by buildings or structures or used for loading, parking spaces and aisles, pedestrian circulation, designated storage areas, and other permitted impervious or semipervious surfaces shall be landscaped according to an overall landscape plan approved by the Borough or shall be left in its natural state (e.g., forest, meadow or hedgerow). The landscape plan shall be submitted as part of preliminary and final plan submission and shall clearly identify all landscaped areas and any areas to be left in a natural state. The landscape plan shall demonstrate compliance with the following:

(1) Existing vegetation, natural features or historic resources shall be preserved wherever feasible and incorporated into the landscape plan.

(2) Landscape plantings shall make use of native and noninvasive species unless otherwise specifically approved by the Borough. Recommended plantings are provided in Appendix A of the Malvern Borough Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 220, Zoning.

B. Buffering and screening. All subdivision or land development plans shall comply with the requirements set forth in § 220-2309 of the Malvern Borough Zoning Ordinance as applicable.

C. Street trees.

(1) All subdivisions and land developments shall provide street trees of varying species along the entire length of any existing or proposed public street that forms a property boundary and on both sides of any street within the subdivision or land development, except where the Borough agrees that suitable street trees are already in place.

(2) One street tree shall be provided for every 35 feet of street frontage or fraction thereof.

(3) One of the following street tree planting concepts shall be used, subject to Borough approval:

(a) Formal allee of street trees.

[1] Use uniform street tree variety.

[2] Coordinate new plantings with existing street tree plantings where applicable. A uniform canopy from both sides of the street shall be provided.

[3] Street trees shall be located within the right-of-way four to six feet from the curb line. The width of the tree lawn (the planted area between the sidewalk and the curb) shall be no less than five feet.

(b) Naturalized street tree planting.

[1] Vary street tree varieties, spacing three to 15 feet from the curb line.

[2] An average of one street tree shall be planted for every 35 feet of street frontage.

[3] Planting design shall accentuate views and integrate important landscape elements.

(4) Street trees shall meet the following standards:

(a) Minimum size: three to 3 1/2 inches caliper.

(b) Branching height: The height of branching shall bear a relationship to the size and species of tree; those trees selected for street tree usage shall have a minimum clearance height of seven feet above grade before branching begins.

(c) All trees to be installed shall be balled and burlapped in accordance with American Association of Nurserymen Standards. The ball depth shall be not less than 60% of the ball diameter and in all cases contain the maximum of the fibrous roots of the tree. Bare root material is not acceptable. The following standards shall apply:

	Caliper (inches)	Minimum Ball Diameter (inches)
	3 to 3 1/2	32
	3 1/2 to 4	36
	4 to 5	44
	5 to 6	54

(d) Excavated plant pits shall be two feet wider than the ball size.

(e) Backfill mix for the excavated plant pit area shall be composed of top soil, compost, or other recommended material.

(f) Tree guying.

[1] Three No. 12 galvanized steel wires shall be spaced equally around the tree and connected to the tree within rubber hoses so that the wire does not come in contact with the tree.

[2] For trees up to and including 3 1/2 inch caliper, use three oak two-inch-by-two-inch-by-eight-foot-zero-inch rough sawed stakes.

[3] For trees over 3 1/2 inch caliper, use three ground anchor stakes two-inch-by-two-inch-by-two-foot-six-inch driven flush with grade.

(g) Provide tree wrapping paper the entire length of tree trunk from the top of ball to the start of lateral branching. Tree wrap shall be tied on with natural twine. Remove all tree guying material one year after planting.

(h) All plantings should be mulched to a depth of three inches in a six-foot diameter ring around the base of each tree or continuous beds if trees or shrubs are less than six feet apart.

(i) Pruning. Each plant shall be pruned to preserve the natural character of the plant in a manner appropriate to the particular requirements. Branches should be thinned by approximately 25% by removal of crossing, damaged or competing limbs back to major crotch. The leader is to be left intact.

(j) Plant material.

[Amended 8-17-2021 by Ord. No. 2021-6]

[1] Selected street trees shall be hardy species with minimal maintenance requirements, and shall be selected such that, at maturity, they shall provide adequate summer shade without interfering with utilities or sidewalks.

[2] Plantings and their measurement shall conform to the standards of the publications American or U.S.A. Standard for Nursery Stock, American National Standards Institute (ANSI) or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown within the same United States Department of Agriculture (USDA) hardiness zone as the site, shall be free of disease, and shall be nursery grown, unless it is determined by the Borough that the transplanting of trees partially fulfills the requirements of this section.

[3] Required street trees shall be selected from the species outlined in "Attachment 3 - Approved Street Tree Species List." This list may be revised by Borough Council via resolution from time to time based on appropriate horticultural practices.

D. Vegetation disturbance and replacement.

(1) Any permitted land disturbance exceeding any of the following standards shall require provision for vegetation replacement as set forth in Subsection D(4) below. Each of the following standards shall be applied independently and the corresponding replacement requirements shall be cumulative.

(a) Any land disturbance within the drip line of any specimen vegetation.

(b) Any woodland disturbance in excess of 5,000 square feet of existing area of woodland or hedgerow(s) for each principal use permitted on any lot or tract. As an example, where two principal uses are permitted, woodland disturbance may involve up to 10,000 square feet (5,000 X 2) before replacement is required, except as otherwise provided herein.

(c) Disturbance limitations shall be measured based on the extent of woodland areas and the location of specimen vegetation at the time of first submission of applicable application(s) after the adoption of this section and shall be indicated on applicable plan(s). The extent of any applicable area of land disturbance shall be measured to include the entire area within the drip line of any tree where any part of the area within the drip line of said tree is subject to land disturbance. Any disturbance limitation shall run with the land, once established. Subsequent applications shall be subject to the initial determination of disturbance limitations, regardless of intervening disturbance which may have occurred. If, at any time within three years prior to an applicable application, there had existed a greater extent of woodland or additional specimen vegetation, such greater area shall be utilized to calculate the extent of disturbance and the limitations set forth herein.

(2) In determining where necessary land disturbance shall occur, applicant shall consider the location(s) and benefit of conservation of healthy mature woodland stands and the impacts, in terms of functions and values to wildlife, of separating, dividing and/or encroaching on wildlife travel corridors and/or extensive habitat areas.

(3) Vegetation intended to remain post-disturbance shall be protected from damage. The following procedures shall be utilized during construction in order to protect remaining vegetation:

(a) Where existing vegetation is to remain, no change in existing grade shall be permitted within the drip line of any trees. Appropriate fencing four feet in height shall be placed at the drip line of trees to remain, wherever adjacent to proposed construction. Such fencing shall be maintained in place throughout the duration of construction activity. Roots shall not be cut within the drip line of any trees to remain.

(b) Trees within 25 feet of a building, or bordering entrances or exits to building sites, shall be protected by a temporary barrier to be maintained in place throughout the duration of construction activity.

(c) No boards or other material shall be nailed or otherwise attached to trees during construction.

(d) Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the drip lines of trees to remain.

(e) Tree trunks, limbs, and exposed roots damaged during construction shall be protected from further damage by being treated immediately in accordance with accepted professional landscape procedures.

(4) Where any tree greater than 12 inches dbh is removed in violation of the provisions set forth herein or in the Malvern Borough Zoning Ordinance,[2] or where any tree greater than 12 inches dbh is indicated as not subject to disturbance on any approved final plan and is subsequently removed, replacement plantings in addition to any otherwise required shall be installed in a manner acceptable to the Borough at a rate of 10 trees of at least three to 3 1/2 inch caliper for each tree so removed. Any other applicable penalty under law also shall be imposed.

[2] Editor's Note: See Ch. 220, Zoning.

(5) Calculation of required vegetation replacement. Where land disturbance exceeds any of the standards set forth in Subsection D(1) above, applied independently and cumulatively, replacement plantings shall be installed in accordance with the standards set forth below. A sample list of acceptable replacement plantings is found in Appendix A in the Malvern Borough Zoning Ordinance.[3]

(a) Required replacement trees shall be determined using the calculation set forth below which results in the greatest number of replacement trees:

[1] Replacement tree calculation based on area of woodland disturbance. At a minimum, for each 500 square feet of woodland disturbance area, or fraction thereof, in excess of the applicable standard set forth in Subsection D(1) and regardless of the character and sizes of the disturbed vegetation, one tree at least three to 3 1/2 inch caliper shall be planted.

[2] Replacement tree calculation based on specific tree removal. Regardless of any disturbance allowances, for each tree greater than 12 inches dbh to be removed, required replacement trees also shall be calculated in accordance with the following schedule. For purposes of this section, it shall be assumed that any tree greater than 12 inches dbh shall be removed if located within 25 feet of any proposed land disturbance:

	For each tree to be removed, at the following sizes, dbh:	Minimum number and caliper of replacement trees:
	1, 12 inches to 18 inches dbh	1,3 to 3 1/2 inches caliper
	1, 18 inches to 24 inches dbh	2,3 to 3 1/2 inches caliper
	1, 24 inches to 36 inches dbh	3,3 to 3 1/2 inches caliper
	1, greater than 36 inches dbh	4,3 to 3 1/2 inches caliper

(b) Required replacement shrubs. At a minimum, for each 500 square feet of woodland disturbance area, or fraction thereof, in excess of the applicable standard set forth in Subsection D(1) and regardless of the character and sizes of the disturbed vegetation, two shrubs at least 24 inches to 30 inches in height shall be planted in addition to any required tree replacement.

(c) Required replacement plantings shall be in addition to any required street trees or any other landscape material required under applicable provisions of this chapter or of the Malvern Borough Zoning Ordinance.[4]

[4] Editor's Note: See Ch. 220, Zoning.

(d) Where approved by the Borough as a condition of any applicable building, zoning, subdivision or land development approval, required replacement trees may be substituted for greater numbers of trees of smaller caliper than otherwise required or by vegetation other than trees (e.g., for purposes of riparian reforestation).

[3] Editor's Note: See Ch. 220, Zoning.

(6) In the event that the applicant establishes to the satisfaction of the Borough that constraints incident to the land itself (including, but without limitation, extreme topography, unsuitable soils, rock outcrops and existing uninterrupted dense canopy) render it impractical to locate on the lot the required number of replacement plantings or street trees, then, at the election of the Borough and where approved by the Borough as a condition of any applicable building, zoning, subdivision or land development approval, the applicant shall undertake one or a combination of the following:

(a) Install fewer, larger or more valuable trees with an aggregate cost as installed and guaranteed not less than the estimated aggregate cost of the required number of plantings.

(b) Install required replacement plantings at a site or sites other than that subject to required replacement planting.

(c) In lieu of actual installation of replacement plantings, place the equivalent cash value, as agreed upon by the Borough and the applicant, for required replacement plantings into a special fund established for that purpose. Such fund shall be utilized at the discretion of the Borough for the purchase and installation of plantings elsewhere in the Borough. Prior to installation of such plantings on private lands, the Borough may require the establishment of conservation easement(s) or other restriction(s) acceptable to the Borough that will reasonably guarantee the permanent protection of such plantings.

(7) Required replacement vegetation and their measurement shall conform to the standards of the publications American or U.S.A. Standard for Nursery Stock, ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown within the same USDA hardiness zone as the site and shall be nursery grown, unless it is determined by the Borough that the transplanting of trees partially fulfills the requirements of this section.

(8) Species of replacement plantings selected and planting locations shall reflect careful site evaluation and in particular the following considerations:

(a) Existing and proposed site conditions and their suitability for the plant materials, based upon the site's geology, hydrology, soils, and microclimate.

(b) Specific functional and design objectives of the plantings, which may include but not necessarily be limited to replacement of woodland area removed, enhancement of existing woodland area(s), reforestation of riparian buffer areas, provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values.

(c) Maintenance considerations such as hardiness, resistance to insects and disease, longevity, and availability.

(d) Because of the many benefits of native plants (ease of maintenance, longevity, wildlife habitat, etc.), the use of nursery-grown free-fruiting native trees and shrubs is strongly encouraged. Species selection should reflect species diversity characteristic of the native deciduous woodland.

(9) The locations, selected species, and sizes of all replacement plantings, along with a planting schedule tied to the timing and/or phasing of the development, shall be indicated on the final subdivision/land development plan(s) or building permit application, as applicable.

(10) All replacement plantings shall be guaranteed and maintained in a healthy and/or sound condition for at least 18 months or shall be replaced. In addition, the applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed vegetation during the eighteen-month replacement period and to provide for the removal and replacement of vegetation damaged during construction, based upon the recommendation of the Borough Engineer.

(11) All applicants shall include, as part of preliminary and final plan submission, where applicable, a plan for the long-term management of any woodland area not subject to woodland disturbance and any area selected for introduction of replacement plantings in accordance with this section. Such plan shall include a statement of woodland management objectives and shall demonstrate to the satisfaction of the Borough the feasibility of intended management practices, aiming to ensure the success of stated objectives, including the viability of introduced plantings, deterrence of invasive species, and means to minimize any future woodland disturbance.

§ 181-526 Grading.

A. All proposed earth disturbances shall comply with the following standards related to grading and earthwork:

(1) Natural and/or existing slopes exceeding one vertical unit to four horizontal units shall be benched or continuously stepped into competent materials prior to placing all classes of fill. Cut slopes shall not exceed one vertical unit to three horizontal units, except that cut slopes up to one vertical unit to two horizontal units may be permitted where the Borough is satisfied that such steeper cut slopes will reduce negative impacts of grading disturbance overall and that adequate erosion control is provided.

(2) Fills toeing out on natural slopes steeper than one vertical unit to three horizontal units shall not be made unless approved by the Borough after receipt of a report, deemed acceptable by the Borough Engineer, by a soils engineer certifying that he/she has investigated the property and made soil tests and that in his/her opinion such steeper slopes will safely support the proposed fill.

(3) Fill areas shall be properly prepared prior to the placement of any new material. The area should be closely examined to determine whether excessive wetness, springs, or other seepage of water can be observed. If such conditions exist, drainage must be provided before placement of fill is undertaken. Under no circumstances shall fill be placed upon frozen ground or ground underlain by tree stumps, branches, or other vegetative material subject to rot and decomposition.

(4) Fill should begin at the lowest section of the area. Fill should be spread in six-inch layers prior to compaction.

(5) Each layer of fill should be inspected prior to compaction. All roots, vegetation or debris should be removed. Stones larger than six inches in diameter should be removed or broken.

(6) Each layer of compacted fill should be tested to determine its dry density as per ASTM D1556 including latest revisions. The density of each layer should be not less than 95% of maximum dry density as determined by ASTM D1557. The moisture content of the compacted layer should be not more than 4% less or 2% greater than the optimum moisture content as determined by ASTM D1557.

(7) A qualified geotechnical engineer shall be required to inspect and certify all fill operations, as required by the Borough Engineer. A written report, by the geotechnical engineer, shall be prepared and submitted to the Borough detailing the findings of the fill operations.

(8) The top or bottom edge of filled or cut slopes shall be at least three feet from property or right-of-way lines of streets in order to permit the normal rounding of the edge without encroaching on the abutting property.

(9) When required, adequate provisions shall be made for dust control measures as are deemed acceptable by the Borough.

(10) All graded surfaces shall be seeded, sodded and/or planted or otherwise protected from erosion as soon as practicable and shall be watered, tended and maintained until growth is well-established at the time of completion and final inspection.