A.
Study required.
(1)
Abbreviated traffic impact study. Whenever a proposed project will
generate 50 to 99 new vehicle trips in the peak direction (inbound
or outbound) during the site peak traffic hour, the applicant shall
perform an abbreviated traffic impact study. Based on this study,
certain improvements may be identified as necessary to provide safe
and efficient access to the development. The abbreviated traffic impact
study shall include:
(2)
Comprehensive traffic impact study.
(a)
Whenever a proposed project will generate 100 or more new vehicle
trips in the peak direction (inbound or outbound) during the site
peak traffic hour, the applicant shall perform a comprehensive traffic
impact study. Based on this study, certain improvements may be identified
as necessary to provide safe and efficient access to the development.
(b)
Transportation demand management measures such as staggered
start and end work times, telecommuting, utilization of transit, greenway
or trail linkages, park-and-ride lots, etc. may be used to reduce
trip generation for the proposed development. If such measures will
reduce the new vehicle trips in the peak direction during the peak
traffic hour to less than 100, then an abbreviated traffic impact
study may be performed in lieu of a comprehensive study. When such
trip reduction measures are used to justify performance of an abbreviated
study as permitted by this section, a developer and successors shall
be bound by a recorded agreement to implement such measures. The terms
and form of agreement shall be as mutually agreed upon by the Borough
and the developers.
(3)
In addition, a comprehensive traffic impact study shall be prepared
at the discretion of the Borough whenever either of the following
conditions exists within the impact study area:
(a)
Current traffic problems exist in the local area, such as a
high crash location, confusing intersection, or a congested intersection
that directly affects access to the development.
(b)
The ability of the existing roadway system to handle increased
traffic or the feasibility of improving the roadway system to handle
increased traffic is limited.
B.
Traffic impact study requirements.
(1)
Area of traffic impact study. The traffic impact study area shall
be based on the characteristics of the surrounding area. The intersections
to be included in the study shall be adjacent to the site or have
direct impact upon the access to the site. The intersections shall
be mutually agreed upon by the Borough and the transportation engineer
preparing the study. The Lancaster County Planning Commission shall
be called upon to resolve any disputes between the Borough and the
transportation engineer.
(2)
Preparation by transportation engineer required. Traffic impact studies
shall be prepared by or under the supervision of qualified and experienced
transportation engineers with specific training in traffic and transportation
engineering and at least two years of experience related to preparing
traffic studies for existing or proposed developments.
(3)
Horizon year. The traffic forecasts shall be prepared for the anticipated
opening year of the development, assuming full build-out and occupancy.
This year shall be referred to as the "horizon year."
(4)
Non-site traffic estimates. Estimates of non-site traffic shall be
made, and will consist of through motorized and nonmotorized traffic
and motorized and nonmotorized traffic generated by all other developments
within the study area for which preliminary or final plans have been
approved. Non-site traffic may be estimated using any one of the following
three methods: "build-up" technique, area transportation plan data
or modeled volumes, and trends or growth rates.
(5)
Trip generation rates required. The traffic impact study shall include
a table showing the land use categories and quantities, with the corresponding
trip generation rates or equations (with justification for selection
of one or the other), and resulting number of trips. The trip-generation
rates used must be either from the latest edition of trip generation
by ITE, or from a local study of corresponding land uses and quantities.
All sources must be referenced in the study.
(6)
Consideration of pass-by trips. If pass-by trips or shared trips
are a major consideration for the land use in question, studies should
be referenced and interviews should be conducted and documented at
similar land uses.
(7)
Rate sums. Any significant difference between the sums of single-use
rates and proposed mixed-use estimates must be justified and explained
in the study.
(8)
Explanations required. The reasoning and data used in developing
a trip generation rate for special/unusual generators must be justified
and explained in the report.
(9)
Definition of influence area.
(a)
Prior to trip distribution of site-generated trips, an influence
area must be defined which contains 80% or more of the trip ends that
will be attracted to the development. A market study can be used to
establish the limits of an influence area, if available. If no market
study is available, an influence area should be estimated based on
a reasonable documented estimate. The influence area can also be based
on a reasonable maximum convenient travel time to the site, or delineating
area boundaries based on locations of competing developments.
(b)
Other methods, such as using trip data from an existing development
with similar characteristics or using an existing origin-destination
survey of trips within the area, can be used in place of the influence
area to delineate the boundaries of the impact.
(10)
Estimates of trip distribution required.
(b)
Whichever method is used, trip distribution must be estimated
and analyzed for the horizon year. A mixed-use development may require
more than one distribution and coinciding assignment for each phase
(for example, residential and retail phases on the same site). Consideration
must also be given to whether inbound and outbound trips will have
similar distributions.
(11)
Trip assignments.
(a)
Assignments must be made considering logical routings, available
roadway capacities, left turns at critical intersections, and projected
(and perceived) minimum travel times. In addition, multiple paths
should often be assigned between origins and destinations to achieve
realistic estimates rather than assigning all of the trips to the
route with the shortest travel time. The assignments must be carried
through the external site access points and in large projects (those
producing 500 or more additional peak direction trips to or from the
site during the development's peak hour) through the internal
roadways. When the site has more than one access driveway, logical
routing and possible multiple paths should be used to obtain realistic
driveway volumes. The assignment should reflect conditions at the
time of the analysis. Assignments can be accomplished either manually
or with applicable computer models.
(b)
If a thorough analysis is required to account for pass-by trips,
the following procedure should be used:
(c)
Upon completion of the initial site traffic assignment, the
results should be reviewed to see if the volumes appear logical given
characteristics of the road system and trip distribution. Adjustments
should be made if the initial results do not appear to be logical
or reasonable.
(12)
Total traffic impacts. Motorized and nonmotorized traffic estimates
for any site with current traffic activity must reflect not only new
traffic associated with the site's redevelopment, but also the
trips subtracted from the traffic stream because of the removal of
a land use. The traffic impact study should clearly depict the total
traffic estimate and its components.
(13)
Capacity analysis.
(a)
Capacity analysis must be performed at each of the major street
and project site access intersection locations (signalized and unsignalized)
within the study area. In addition, analyses must be completed for
roadway segments deemed sensitive to site traffic within the study
area as determined by the Borough. These may include such segments
as weaving sections, ramps, internal site roadways, parking facility
access points, and reservoirs for vehicles queuing on- and off-site.
Other locations may be deemed appropriate depending on the situation.
(b)
The recommended level-of-service analysis procedures detailed
in the most recent edition of the Highway Capacity Manual must be
followed. The operational analyses in the Highway Capacity Manual
should be used for analyzing existing conditions, traffic impacts,
access requirements, or other future conditions for which traffic,
geometric, and control parameters can be established.
(14)
Required levels of service. The recommendations of the traffic
impact study shall provide safe and efficient movement of traffic
to and from and within and past the proposed development, while minimizing
the impact to non-site trips. The current levels of service must be
maintained if they are Levels C or D, not allowed to deteriorate to
worse than Level C if they are currently Levels A or B, and improved
to Level D if they are Levels E or F.
(15)
Documentation required. A traffic impact study report shall
be prepared to document the purpose, procedures, findings, conclusions,
and recommendations of the study.
(a)
The documentation for a traffic impact study shall include,
at a minimum:
[1]
Study purpose and objectives.
[2]
Description of the site and study area.
[3]
Existing roadway conditions in the area of the development.
[4]
Recorded or approved development(s) within the traffic impact
study area.
[5]
Trip generation, trip distribution, and modal split.
[6]
Projected future motorized and nonmotorized traffic volumes.
[7]
An assessment of the change in roadway operating conditions
resulting from the development traffic.
[8]
Recommendations for site access and transportation improvements
needed to maintain and/or improve motorized and non-motorized traffic
flow to, from, within, and past the site at an acceptable and safe
level of service.
[9]
Transit location, availability of bike routes, connection to
a park and/or trail system.
(b)
The analysis shall be presented in a straightforward and logical
sequence. It shall lead the reader step by step through the various
stages of the process and resulting conclusions and recommendations.
(c)
The recommendations shall specify the time period within which
the improvements should be made (particularly if the improvements
are associated with various phases of the development construction),
and any monitoring of operating conditions and improvements that may
be required. The recommendations shall also identify who will be responsible
for making the improvements.
(d)
Data shall be presented in tables, graphs, maps, and diagrams
wherever possible for clarity and ease of review.
(e)
To facilitate examination by the Borough, an executive summary
of one or two pages shall be provided, concisely summarizing the purpose,
conclusions, and recommendations.
(f)
The study documentation outlined above provides a framework
for site traffic access/impact study reports. Some studies will be
easily documented using this outline. However, the specific issues
to be addressed, local study requirements, and the study results may
warrant additional sections.
C.
Improvements. The applicant shall be responsible for the improvements
required to provide safe and convenient ingress and egress to the
development site.
A.
Archaeological investigations.
(1)
Specific state and federal guidelines and procedures for review procedures
as well as pertinent legislation may be obtained by contacting the
Bureau for Historic Preservation (BHP) and Pennsylvania Historical
and Museum Commission (PHMC). Specific state and federal guidelines
and procedures are outlined in detail in "A Summary of Major Relevant
Federal and State Legislation and Regulations," Appendix A, and "Procedures
for Compliance with Federal and Commonwealth Preservation Law," Appendix
H. PHMC administers both the state and federal regulations.
(2)
Projects affecting or potentially affecting historical and archaeological
properties are subject to review by the Pennsylvania Historical and
Museum Commission, Bureau for Historic Preservation under the provisions
of both Section 106 of the National Historic Preservation Act of 1966
and Section 10 of the 1978 Pennsylvania Historic Preservation Act.[1] No land development should take place on a site identified
by the PHMC as containing or likely to contain features of archaeological
or historic significance until procedures for compliance with federal
and state regulations have been realized and the review process has
been completed.
[1]
Editor's Note: See 37 Pa.C.S.A. § 510.
(3)
All subdivisions and/or land development plans which meet the above-mentioned
requirements shall provide a letter of determination and/or report
from PHMC, BHP addressing the following:
B.
Preservation of historic features. Compliance with Chapter 130, Historic District, of the Code of the Borough of Columbia is required for all subdivisions and land developments, where applicable.
C.
Retention of local names. Applicants are encouraged to perpetuate
historic names or geographic references that are traditionally associated
with the area, in which a project is located, rather than proposing
project names that are not consistent with the Borough or Lancaster
County traditions or culture.
A.
Dedication. All plans for residential subdivision of land or residential
land developments shall provide for the dedication of land for park
and open space uses, and/or, upon agreement by the applicant, the
construction of recreation facilities, the payment of fees in lieu
thereof, the private reservation of land, or any combination thereof.
All dedications of land for park and open space purposes shall be
consistent with standards contained within the officially adopted
park and recreation plan or parks and recreation chapter of the Borough
Comprehensive Plan, if such chapter meets the intent and criteria
of the PMPC, and is officially adopted by the Planning Commission.
B.
General requirements. When the Borough has an officially adopted
park and recreation plan or qualifying Borough Comprehensive Plan,
applicants shall designate areas of residential subdivisions or residential
land developments for parks, playgrounds, or other public open space
and recreational uses in accordance with the provisions of such plans.
The applicant shall make an irrevocable offer of dedication for such
land to the Borough, as required by the Planning Commission. Title
to such land shall be good and marketable, free of liens or other
defects, and acceptable to the Borough Solicitor. The Planning Commission
may, upon agreement of the applicant, authorize the transfer of the
land to a homeowner's association or to a nonprofit corporation
whose purpose is the conservation or preservation of land.
C.
Amount of land to be dedicated.
(1)
Park and open space land shall be dedicated at a rate of 0.075 acres
per lot or dwelling unit proposed by the plan.
(2)
If the applicable plan specifically designates a future park site
within the acreage of the tract proposed for development, all subdivision
plans shall be designed in conformance with such designation in that
all land required to be dedicated shall correspond to the location
of the future park site.
(a)
Should the amount of land required to be dedicated exceeds the
acreage of the future park site as designated within the applicable
plan, the development proposal shall provide for such additional area
to be located in a manner that best serves future residents of the
proposed development.
(b)
Should the amount of land required to be dedicated falls short of the acreage of the future park site as designated within the applicable plan or if the proposed development involves only a portion of the development rights afforded to the tract, the applicant shall reserve that portion of the future park site which will best serve the immediate development. In addition, a sketch plan shall be prepared to depict how full build-out of the site will be accomplished in a manner that respects the location of the future park site and ensures its accessibility to all future dwellings on the tract. As an alternative to such piecemeal dedication, the Borough may opt to purchase that portion of the future park site. In which case, the future dedication of land associated with the development of the tract would proceed in accordance with the provisions of Subsection I.
D.
Fee in lieu of dedication. The applicant may, with the consent and
approval of the Planning Commission, elect to pay a fee to the Borough
in lieu of the park and open space dedication and so note on the plans.
(1)
The amount of any fee to be paid in lieu of dedication of land shall
be equal to the average fair market value of the land (based on the
unimproved land value) otherwise required by this section or shall
be in accordance with any existing, Borough-adopted flat fee-in-lieu
schedule which establishes a fixed price per lot, unit, or acre. If
no formula is provided in any other Borough planning documents, the
formula to be used in computing the fee based upon fair market value
shall be:
|
N x (average FMV of 1 acre) = fee
|
|
Where:
| ||||
|---|---|---|---|---|
|
N
|
=
|
The number of acres required to be dedicated for park and open space purposed, calculated in accordance with Subsection C(1)
| ||
|
FMV
|
=
|
Fair market value based on the unimproved land value
| ||
(2)
The applicant shall provide the Planning Commission with all information
necessary to determine the fair market value of the land, including,
but not limited to, the following:
(a)
If the applicant is the equitable owner, or purchased the land
in fee simple less than two years prior to the preliminary or final
plan submission, a copy of the agreement of sale or real estate transfer
tax affidavit of value.
(b)
If the applicant is the equitable owner, or purchased the land
in fee simple more than two years prior to the preliminary or final
plan submission, an opinion of value of the property by a state certified
appraiser acceptable to the Planning Commission. Any applicant aggrieved
by the fee established shall have the right to secure a second opinion
of value of the property by a state certified appraiser acceptable
to the Planning Commission. The two estimated values shall be averaged,
with the result being the amount upon which the fee will be based.
(3)
Such fee shall be payable to the Borough prior to the recording of
each final phase of the plan and shall be in an amount equal to the
percentage of the total number of dwelling units in the phase.
E.
Parkland acquisition fund. All fees paid by the developer in lieu
of dedication of park and open space land shall be paid to the Borough
and upon its receipt shall be deposited in a separate interest-bearing
account. Fees deposited to this account shall be administered as required
by the PMPC.
F.
General design criteria. Except as provided in Subsections G and H, the type of areas to be dedicated for park and open space land within a subdivision or land development plan shall principally involve neighborhood parks which are defined as "those parks providing primarily active outdoor recreational opportunities located within 1/2 mile radius from a majority of the residences to be served thereby." Exceptions to this will be when dedications are made to a community park which serves the subdivision and is located within a two-mile radius of the majority of the residences to be served, or a County park which serves residences located within a ten-mile radius. The land set aside for park and open space uses shall meet the following design criteria:
(1)
The park and open space land shall be reasonably located so as to
serve all of the residents of the subdivision or land development.
(2)
The park and open space land shall be accessible from a street either
directly or by pedestrian connection or shall adjoin and become a
part of an already existing public park or open space area that is
accessible from a street. Where access to the park is by public road,
the width of the frontage shall be a minimum length deemed necessary
by the Borough for access, visibility of the site, and public safety.
(3)
No more than 25% of the park and open space land shall contain detention
basins or other stormwater management facilities, or be located within
a floodplain or wetland unless such area is part of a linear trail
or greenway along an existing watercourse. In all cases, land containing
detention basin or other stormwater management facilities, floodplains,
or wetlands, must be suitable for public recreation use without compromising
the function of these areas.
(4)
The park and open space land shall be compact and contiguous unless
the land is located adjacent to and combined with existing park and
open space land, or specific topographic features require a different
configuration. An example of such topographic features would be the
provision of linear public open space along a scenic creek.
(5)
When public park and open space land exists adjacent to the tract
to be subdivided or developed, the park and open space land shall
be located to adjoin and enlarge the presently existing park and open
space land.
(6)
The park and open space land shall be accessible to utilities such
as sewer, water, and power that are provided within the subdivision,
and if so, the developer shall extend such utilities to the park and
open space land.
(7)
If the developer is planning to construct facilities for recreation
on the dedicated property as an amenity for the development, such
facilities shall be constructed in accordance with current standards
established by the National Recreation and Park Association. Where
applicable, facilities constructed shall also comply with the accessibility
guidelines of the Americans With Disabilities Act of 1990, as amended.
Playground equipment constructed or placed on parkland shall be in
compliance with guidelines from the Consumer Products Safety Commission.
G.
Existing trails.
(1)
When a subdivision or land development is traversed by or abuts an
existing public trail, the applicant shall make provision for the
continued recreational use of the trail, subject to alterations of
the course of the trail within the boundaries of the development under
the following conditions:
(a)
The points at which the trail enters and exits the tract shall
remain unchanged.
(b)
The proposed alteration exhibits quality trail design according
to the generally accepted principles of landscape architecture.
(c)
The proposed alteration does not run coincidentally with the
paved road intended for use by motorized vehicles.
(2)
The land set aside for the continuation of such existing trail shall
be counted towards the amount of park and open space land.
H.
Trails and linear parks. The trail or linear park shall conform to
any applicable Borough master park and open space plan, any countywide
trail and recreation master plan, and appropriate Borough and County
Comprehensive Plans. The Planning Commission may require, as a condition
of final plan approval, the dedication and improvement of trails and
linear parks, which may be credited toward the park and open space
land requirement. Trails and linear parks constructed and dedicated
for public use may be credited toward the park and open space land
requirement.
I.
Borough fund reimbursement. The Borough may from time-to-time decide
to purchase land for parks in or near the area of actual or potential
development. If the Borough does purchase park and open space land
within a distance of 1/2 mile, subsequent park and open space land
dedications within that area may, upon agreement with the applicant,
be in cash only and shall be calculated on a percentage basis to reimburse
the Borough's actual cost of acquisition and/or cost of development
of such land for park and open space purposes. The cash amount shall
be equal to the sum of the average price per acre of such land plus
the actual costs of adjacent streets and on-site utilities (or an
estimate of such actual costs provided by the Borough Engineer) divided
by the number of lots or dwelling units in the development.
J.
Additional recreation reservations. The provisions of this section
are minimum standards and shall not be construed as prohibiting a
developer, with the approval of the Planning Commission, from dedicating
or reserving other land for recreation purposes in addition to the
requirements of this chapter.
K.
Private reservation of land. Notwithstanding anything contained in
the above sections, the applicant may, with the consent and approval
of the Planning Commission, elect to fulfill the open space requirements
through the private reservation of a recreation area.
(1)
Any project that proposes the private reservation of land shall be
accompanied by an agreement, which is acceptable to the Borough Solicitor,
and which shall be recorded prior to or concurrent with the preliminary
plan approval. Such agreement shall stipulate:
(a)
That maintenance of the designated open space is the responsibility
of the applicant, a homeowners' association, a condominium unit
owners' association, or other recognized conservation organization.
(b)
The availability of such private open space to nonresidents
of the development.
(c)
The method by which the private reservation may be offered for
public dedication.
(d)
That the land cannot be used for anything other than open space
purposes.
(e)
That the land cannot be sold or disposed of by the association
except to another organization formed to own and maintain said open
space and without first offering to dedicate the land and improvements
to the Borough.
(2)
If such lands are to become common elements of a homeowners'
or condominium unit owners' association of any type, then such
association's organizational bylaws must conform to the requirements
of applicable state law.
L.
Construction of recreation facilities. Notwithstanding anything contained
in the above subsections, the applicant may, with the consent and
approval of the Planning Commission, elect to fulfill the open space
requirements through the construction of recreational facilities.
All approved recreation facilities constructed in lieu of land dedication
shall be included within the cost estimate for the improvement guarantee.
Lots which would be served by individual wells or community
water systems when prior to the subdivision of land into lots or land
development an aquifer study may be required in areas or in proximity
to areas of known groundwater contamination or problems, in areas
of known inadequate yields of potable supplies, or a hydrogeologic
report was completed on site, an aquifer study shall be performed.
A.
Areas of known groundwater problems. Areas of known groundwater problems
shall include:
(1)
Areas underlain by serpentinic or schistostic geologic formations
or formations otherwise known to have low yields.
(2)
Areas in proximity 200 feet of sinkholes, ghost lakes, or drainage
entering the ground.
(3)
Areas with environmental covenants related to known groundwater contamination
including sites that have been voluntarily cleaned up under the Pennsylvania
Land Recycling and Environmental Remediation Standards Act (Act 2).[1] For approved cleanup sites, this test will verify the
site meets the approved standard.
[1]
Editor's Note: See 35 P.S. § 6026.101 et seq.
(4)
Other areas with documented water quantity or quality problems, including
pollutants in excess of federal safe drinking water standards.
B.
Aquifer study standards and procedures. No person shall conduct a
land development within an area of known groundwater quantity problems
without administering and passing on said land the aquifer test required
by this section:
(1)
Water quantity report.
(a)
Water quantity test standard.
[1]
The proposed individual well shall produce not less than 400
gallons of water in a two-hour period, at least once each day.
[a]
If the sustained yield of the individual well or
individual well system is not capable of meeting the standard, sufficient
storage shall be required through borehole capacity and/or a storage
tank. Borehole storage shall be measured from the pump level to the
top of the static water column.
[2]
The individual well shall yield a minimum of one gallon per
minute.
[a]
For wells with yields of four gallons per minute
or less, a minimum of 400 gallons of storage capacity shall be provided.
Borehole storage shall be measured from the pump level to the top
of the static water column.
[b]
Multiple wells may be dug on the lot and the combined
yield of the well system shall meet the minimum of one gallon per
minute.
(b)
Test supervision and evaluation. The test shall be conducted
under the supervision of a qualified geologist licensed by the Commonwealth
of Pennsylvania or professional engineer, using testing procedures
hereinafter set forth. The geologist or engineer shall be responsible
for notifying the Planning Commission five working days prior to the
start of the test. He or she will also summarize the test, and its
significance and make recommendations as to the suitability of the
well or wells for the intended uses. The final report shall include
an opinion as to whether the proposed use of the well will have an
impact upon other existing wells in the immediate surrounding area.
The supervising person shall provide the Planning Commission with
a copy of all field notes and test results.
(c)
Test method. An test shall be conducted for a minimum of 12
hours at a constant rate of pumping. The pumped well shall be the
one proposed for the specific subdivision or land development for
which the test is conducted. Two observation wells that have hydraulic
continuity with the pumped well are required. The preferred method
of analysis of the aquifer test data is the non-equilibrium formula,
although other methods are available and may be used. These include
various methods of analysis of either the drawdown or recovery data.
(d)
Collection of data. Data shall be collected in conjunction with
the aquifer test as follows:
[1]
Prior to the test:
[a]
Collection of geologic data of the area to be tested
including well logs, if available.
[b]
History of water level fluctuations in the area
when available.
[c]
The location, relative elevations and static water
levels in the pumped well and the observation well or wells.
[d]
The expected discharge of the pumped well.
[2]
During the test. A standard aquifer test field data sheet will
be required for a pumped well and each observation well. The data
sheet shall include columns for listing:
[3]
Following the test. In accordance with recognized principles
of well hydraulics, graphs shall be prepared to show time drawdown
and time recovery for the pumped well and the observation wells. A
distance drawdown graph will be required for anticipated rates of
pumping. Computation of the coefficients of transmissibility and storage
as well as the rate of pumping, time and drawdown are required as
well as other data that may be considered necessary to satisfy the
test objectives.
(2)
Water quality report. The water quality test shall be conducted concurrently
with any water quantity test. Such tests shall be conducted by a certified
laboratory per the following standards:
(a)
All water samples to be tested must be drawn by a trained PADEP-certified
laboratory employee, a well driller contractor, or pump installation
contractor.
(b)
For single-use on-lot wells, the quality of the water tested
shall meet the local and/or state regulations as it presently exists
or may hereafter be amended, or be capable of treatment to attain
said standard of quality for the following potential contaminants:
total coliform, fecal coliform, E.coli, nitrate-nitrogen, nitrite-nitrogen,
total nitrogen, lead, and chlorine.
(c)
For community on-lot wells, the quality of the water tested
shall meet the National Primary Drinking Water Regulations as set
forth in the National Safe Drinking Water Regulations (NSDW) of the
Environmental Protection Agency (EPA) as it presently exists or may
hereafter be amended, or be capable of treatment to attain said standard
of quality.
