The purpose of this article is to provide reasonable design
and improvement standards for public improvements related to subdivision
and land development. This article combines design and improvement
specification which complies with sound engineering and design with
suitable improvement standards.
All land development plans must reflect a location that has
given consideration to the following factors:
A. The location of the land development must conform to the Borough
Comprehensive Plan with respect to the streets, public sites, and
proposed utilities.
B. The proposed use of the land in any land development must conform
to the Borough Zoning Ordinance.
C. No land shall be subdivided or developed for any purposes unless
adequate safeguards against flood, fire and disease have been taken
to minimize hazards to life, health, or property.
D. Proposed projects shall be integrated with existing and proposed
neighborhoods so that the community as a whole may develop harmoniously.
E. Reasonable measures shall be taken to ensure the preservation of
natural, historic, and archaeological features; areas and structures
as determined by the Lemoyne Borough Zoning Ordinance to be worthy of such preservation; and to ensure public
access to such features, areas and structures, where appropriate.
F. Land subject to flooding or other hazards to life, health, or property
and land deemed to be topographically unsuitable shall not be platted
for residential occupancy or for such other uses as may increase danger
to health, life or property or aggravate erosion or flood hazard until
all such hazards have been eliminated or unless adequate safeguards
against such hazards are provided by the land development plans.
In developments of four or more lots, electric, telephone and
all other utility facilities shall be installed underground. The developer
shall be required, prior to final plan approval, to obtain a letter
from the appropriate utility company confirming that the developer
has entered into an agreement to provide for an underground electric
and telephone system.
The design and development of all subdivision and land development plans shall preserve, whenever possible, natural features which will aid in providing open space for recreation and conditions generally favorable to the health, safety and welfare of the residents of the Municipality. These natural features include the natural terrain of the site, woodland areas, large trees, natural watercourses and bodies of water, wetlands, rock outcrops and scenic views. All development shall be in accordance with Chapter
550, Zoning, §§
550-30 and
550-44.
Where the Borough considers that a local recreation site is
necessary to carry out the purpose of the comprehensive plan, the
Borough may require the applicant or developer to dedicate a portion
of such site in accordance with the following standards:
A. The land to be dedicated must be of suitable size, dimensions, topography,
access, and general character for the proposed use.
B. The minimum amount of land required for this purpose shall be 0.057
acres of land for each lot or dwelling unit shown on the final plan.
C. Where the application of these area standards would result in an
open space or recreation site too small to be usable, or if a suitable
local recreation site cannot be properly located in the land development,
as determined by the Borough, a payment of a fee in lieu of dedication
of such land is required. The following procedures must be followed:
(1) A Park and Recreation Report for residential development of 25 or
more unit shall be prepared.
(a)
The report shall include the following minimum requirements.
[1]
Description of the total projected number of residents and their
respective age group.
[2]
Description of existing public recreation facilities located
within a one-half-mile radius of the site.
[3]
Description of the adequacy of existing recreation facilities
to serve the residents, taking into consideration current usage.
[4]
Discussion of potential for any recreation facilities to be
provided by the developer to accommodate new residents and/or compensate
for any anticipated deficiencies of the municipal recreation facilities.
[5]
Description of any recreation facilities to be provided by the
developer.
[6]
Discussion on the relationship of the proposal to the prevailing
Municipal Park and Recreation Study.
[7]
Description of responsibility for maintenance of any recreational
facilities to be provided by the developer.
[8]
Description of accessibility of the proposed facilities to the
general Borough residents.
[9]
Description of any contributions in accordance with this chapter
that the developer plans to make for Municipal recreation to compensate
for expected impact.
[10] Source of standards used in the data presented.
(b)
The Park and Recreation Report shall be provided to the Planning
Commission and Municipal Recreation Advisory Board/Parks and Recreation
Board if any.
(2) A contribution for recreational purposes shall be made at the rate
set or amended by resolution of the Borough Council from time to time.
The following procedures must be followed:
(a)
The amount of the fee must be substantially equal to the value
of the land that would be set aside if the standards specified above
were to be applied.
(b)
The fee is payable upon and as a condition of making application
for a building permit.
D. All land dedication and fees in lieu shall be administered in accordance
with Section 503(11) of the Pennsylvania Municipalities Planning Code
Act 170 of 1988 as amended.
All applications for lands that possess an important natural
habitat, as defined herein, shall plot the location of the natural
resources. Important natural habitat is defined as follows;
A. Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant
plant and animal species and communities that are listed as Pennsylvania
Threatened or Pennsylvania Endangered; or
B. PNDI-confirmed extant plant and animal species and communities with
a State Rank of S1, S2 or S2.
All applications involving lands identified on the Municipal
Comprehensive Plan's Natural and Cultural Features Map or by the Pennsylvania
Historical and Museum Commission (PHMC) as containing a potential
or known site of archaeological significance shall plot the location
of the archaeological resource.
All subdivision and land development plans shall identify the
location of existing wetland as determined by the standards of either
the United States Army Corps of Engineers, United States Environmental
Protection Agency, Pennsylvania Department of Environmental Protection,
or the United States Natural Resources Conservation Service. Wetland
areas are not limited to those areas delineated on wetland maps prepared
by the United States Fish and Wildlife Service. Any proposed encroachment
into the wetland shall include a copy of the permit or approval from
the applicable State and Federal agencies. No action by the municipality
shall be relied upon in lieu of a permit issued by the appropriate
agency.
Moderately sloping lands (15% to 24.99%) and steeply sloping
lands (25% or greater) are prone to severe erosion if disturbed. Erosion
and the resulting overland flow of soil sediments into streams, ponds
and public roads, are detrimental to water quality and aquatic life,
and a potential hazard to public safety.
A. Areas of steep slope shall be preserved in accordance with §
550-30 of the Zoning Ordinance and as required below.
B. All grading and earthmoving on slopes exceeding 15% shall be minimized.
C. No site disturbance shall be allowed on slopes exceeding 25% except
grading for a portion of a driveway accessing a single-family dwelling
when it can be demonstrated that no other routing which avoids slopes
exceeding 25% is feasible.
D. On slopes of 15% to 25%, the only permitted grading beyond the terms
described above shall be in conjunction with the placement of a single-family
dwelling, its access driveway and the septic system (which should
typically be designed with a long, narrow drainage field following
the land contours).
E. Grading or earthmoving on all sloping lands of 15% or greater shall
not result in earth cuts or fills whose highest vertical dimension
exceeds six feet, except where in the judgment of the Board no reasonable
alternatives exist for construction of roads, drainage structures
and other public improvements, in which case such vertical dimensions
shall not exceed 12 feet. Roads and driveways shall follow the line
of existing topography to minimize the required cut and fill. Finished
slopes of all cuts and fills shall be as required to minimize disturbance
of natural grades.
When 25 or more dwelling units are proposed, written evidence
that the school district in which the project is located has been
informed of the proposal.