If plans of roads, streets or alleys located in the Borough
have been approved and recorded as provided in this chapter, a developer
shall first notify the Manager of his or her intention to proceed
with the construction or installation of such roads, streets or alleys.
Such notification shall be made at least two business days before
any such construction or installation commences so as to give the
Borough officials an opportunity to inspect the site prior to the
commencement of work and to inspect the installation or construction
of such roads, streets or alleys during the course of work being performed.
All improvements to a subdivision must be completed in accordance
with this chapter and the Borough's Standards for Construction, [1] and shall also conform to the requirements of all other
applicable ordinances and resolutions of the Borough.
[1]
Editor's Note: The Borough's Standards for Construction are
included as an attachment to this chapter; drawings of specific standards are available
in the Borough offices.
[Amended 10-6-1980]
Permanent monuments shall mark all streets at the beginning
points of the curvatures thereof, set five feet within the right-of-way
lines. The final location and the number of monuments shall be determined
by the Borough Engineer. The installation and certification shall
be made by a registered engineer or a registered surveyor prior to
the approval of the final subdivision plat. In lieu of such prior
installation, the subdivider shall furnish a cash guarantee in the
form of a certified check for monuments required in the subdivision
or development. The refundable deposit shall be $200 per monument.
The design and method of construction of all road and street work shall be in accordance with the Borough's Standards for Construction and supplemented with the Pennsylvania Department of Transportation Specification Form 408 and Design Manual, Part 2, Chapter 14, as amended.
A.
Excavation and embankment. The slope of excavations and embankments for streets and roadways shall be trimmed neatly to the width and rate of slope by the contractor, and the work shall be completed in a neat and acceptable condition. The slope of cuts may be reduced during construction as required by the Borough Engineer or in order to obtain satisfactory stability. In no case shall the slope of cuts exceed 1 1/2 to one. A grading permit shall be obtained as required by Chapter 181, Grading and Excavation, of the Code.
B.
Grading.
(1)
All streets shall be graded to stakes set by the developer in accordance
with the cross section shown in the Borough's Standards for Construction[1] to the satisfaction of the Borough Engineer. Where fill
material is necessary to establish uniform grades, compaction shall
be in accordance with the recommendations of a soils engineer or not
less than the latest Pennsylvania Department of Transportation specifications
and standards for highways.
[1]
Editor's Note: The Borough's Standards for Construction are
included as an attachment to this chapter; drawings of specific standards are available
in the Borough offices.
(2)
The subgrade for streets shall be free of or made free of sod, vegetation
or other similar material. Where poor subgrade drainage conditions
are found during construction, additional necessary drainage shall
be installed as directed by the Borough Engineer.
C.
Curbs. Curbs are required in accordance with the Borough's Standards
for Construction.[2]
[2]
Editor's Note: The Borough's Standards for Construction are
included as an attachment to this chapterr; drawings of specific standards are available
in the Borough offices.
D.
Grade limits. Roads and streets shall be put to the grade limits
shown on Table I, following this chapter, and be constructed in conformity
with the Borough's Standards for Construction. Specifications and
the method of using concrete or bituminous materials shall comply
with the latest Pennsylvania Department of Transportation specifications.
E.
Subgrade. The subgrade shall be formed by shaping the graded roadway
surface correctly with approved material and shall be brought to a
firm, thoroughly compacted surface for the width of the improvements.
F.
Base. The base shall be in accordance with the Borough's Standards
for Construction.
G.
Surface. The surface of streets shall be in accordance with the Borough's
Standards for Construction.
H.
Shoulders. Street shoulders shall be constructed and maintained with
suitable material from the roadway or structure excavation supplemented
by additional suitable material. The entire shoulder area shall be
uniformly and thoroughly compacted by rolling and must be level with
the tops of curbs as directed by the Borough Engineer. The maximum
slope on cuts beyond shoulders is 1 1/2 to one and, on fills,
two to one.
The construction of a storm drainage system shall conform to
the following requirements:
A.
Standards. Provisions for storm drainage and the design and installation
of drainage structures shall be placed to ensure traffic safety and
conform to the Borough's Standards for Construction.[1]
[1]
Editor's Note: The Borough's Standards for Construction are
included as an attachment to this chapter; drawings of specific standards are available
in the Borough offices.
B.
Inspection. All phases of construction of gutters or storm sewers,
including width, depth, shape, erosion control, minimum grade, size
and area, shall be in accordance with the requirements of this chapter.
All storm drainage facilities shall be inspected and approved by the
Borough Engineer prior to being covered.
C.
Erosion control. When topsoil has been removed from the surface of
a lot on a slope where erosion will cause a displacement of loose
material, the subdivider is required to seed or provide other means
to prevent the wash from damaging adjacent property, accumulating
on surfaces of lower streets and clogging of sewers, as well as the
silting of streams. Where the physical condition of the site may cause
surface water to pond, the disposition of all such water shall be
shown on the preliminary plan. During construction phases, any diversion
of surface water must be inspected and approved by the Borough Engineer.
During final grading of property, if groundwater is discovered, such
water must be channeled through approved piping to storm sewer systems.
D.
Method and place of disposal. The storm sewer plans shall clearly
show the method of disposal and the place to which the water is to
be conducted, i.e., existing Borough or private storm sewers, natural
watercourses, creeks, streams, etc.
E.
Certification by applicant. The applicant for subdivision approval
must certify in writing that he or she has the legal right to use
existing private storm sewers, natural watercourses, creeks, streams
and the like.
The subdivider shall construct or cause to be constructed a
system of water mains on and/or off the development site, with required
fire hydrants connected to the public water supply at two points to
provide loop service to the development.
A.
Requirement. The developer shall provide the development with a complete
sanitary sewerage system to be connected to the municipal sanitary
sewerage system.
B.
Design criteria. Sanitary sewers shall be designed in accordance
with the Pennsylvania Department of Environmental Protection Sewage
Manual, as amended.
C.
Construction. Sanitary sewers shall be constructed in accordance
with the Borough's Standards for Construction [1] and with the specifications attached to the application
for a water quality management permit.
[1]
Editor's Note: The Borough's Standards for Construction are
included as an attachment to this chapter; drawings of specific standards are available
in the Borough offices.
A.
Every lot in a subdivision shall be capable of being served by utilities.
Easements acceptable to the utility companies shall be granted as
required. All utilities and all other piping and distribution lines
shall be installed underground within public rights-of-way or within
properly designated easements.
B.
To the fullest extent possible, underground utility lines located
in street rights-of-way shall not be installed beneath existing or
proposed paved areas and, in any case, shall be installed prior to
the placement of any pavement.
The cost of street name signs and posts shall be assumed by
the developer. The signs shall be in accordance with Borough standards
and shall be installed and maintained by the Borough.
For the safety, convenience and attractiveness of the subdivision,
streetlights of a type approved by Council must be installed on the
streets on poles as prescribed by the Borough. The cost thereof shall
be borne by the developer.
Sidewalks are required to be installed along the frontage of
all lots in the development and elsewhere where it is deemed necessary
to protect the health, safety and welfare of the residents, pedestrians
and others. Construction shall be in accordance with the Borough's
Standards for Construction.[1]
[1]
Editor's Note: The Borough's Standards for Construction are
included as an attachment to this chapter; drawings of specific standards are available
in the Borough offices.
Driveways shall comply with the Borough's Standards for Construction and/or the Pennsylvania Department of Transportation Design Manual, Part 2, Chapter 18.
A.
Recreation areas shall be sufficient in size and suitable in terrain
to be beneficial to the subdivision. The need and size for such an
area within a subdivision shall be determined by the Planning Commission
or Council. The size of a recreational area shall be based on population
density of the subdivision, with 5% to 10% of the total subdivision
land area being the size of an area normally considered.
B.
A residential development in excess of five acres shall provide,
in either of the following ways, recreation areas for use by its residents:
[Amended 6-6-2011 by Ord. No. 1662]
C.
The land which is to be reserved for recreational purposes shall
be of suitable size, dimension and topography in relationship to the
proposed use.
All construction materials used in sewers and appurtenances,
streets and sidewalks shall be tested by a qualified testing laboratory
as may be directed by the Borough Engineer. The cost for such tests
shall be borne by the developer.
If Council, upon the advice of the Planning Commission, determines that the application of the standards set forth in § 300-51B would result in an open space or public recreation site too small to be usable, or if the community development objectives (see § 420-3) indicate that such public recreation site should be located elsewhere, or if a suitable public recreation site cannot be properly located in the proposed development, the payment of a fee in lieu of the dedication of such land shall be required in accordance with the following procedure:
A.
The amount of the fee shall be substantially equal to the value of the land that would be set aside if the standards specified in § 300-51B were applied.
B.
The fee shall be paid to the Borough prior to the approval of the
final plat.
C.
All fees paid to the Borough under this section shall be deposited
in a special escrow fund to be used for acquisition and development
of park and recreational facilities. Moneys spent may be expended
on neighborhood or community facilities in reasonable proximity to
the subdivision.
Where on-site and off-site public improvements are involved
and/or approved, the developer, before approval of the final plat,
shall execute a development agreement containing provisions that are
reasonably required, in the opinion of the Solicitor, to guarantee
the construction and installation of the required improvements in
accordance with this chapter and/or any other ordinance, standard,
rule or regulation of the Borough, which development agreement shall
contain appropriate provisions providing for the indemnification of
the Borough in connection therewith.
Subject to the provisions of § 300-56, no plat shall be finally approved unless the streets shown on such plat have been improved as may be required by this chapter and unless all walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains and other improvements as may be required by this chapter have been installed in accordance with the same.
A.
In lieu of the completion of any improvement required as a condition
for the final approval of a plat, the applicant shall deposit with
the Borough a corporate bond or other financial security, acceptable
to Council, in an amount sufficient to cover the costs of any improvement
which may be required, which financial security may include, inter
alia, a lending institution letter of credit or a restrictive or escrow
account in a lending institution.
B.
Such bond or other security shall provide for and secure to the Borough
the completion of any improvement which may be required within one
year of the date fixed in the development agreement for the completion
of such improvement.
C.
Where development is projected over a period of years, Council may
authorize the submission of final plats by sections or stages of development,
subject to such requirements or guarantees as to improvements in future
sections or stages of development as Council finds essential for the
protection of any finally approved section of the development.
D.
All such bonds or other security shall be in favor of the Borough,
and all sureties in connection with any guarantee or bond shall be
on the approved list of the Pennsylvania Insurance Commission.
E.
The amount of the bond or other security shall be based on estimates
by a registered engineer or a reputable contractor, but only after
approval by the Borough Engineer.
F.
Such bond or other security shall remain in force and terminate in
accordance with Section 510 of Act 247, as amended,[1] but in all cases the bond shall be forfeited if the work
is not completed within one year after the date for completion as
set forth in the development agreement.
[1]
Editor's Note: See 53 P.S. § 10510.
If the Borough Engineer deems that the construction of the development could cause damage to or failure of existing Borough streets, sewers or other facilities and/or utilities, the applicant shall furnish a special maintenance bond in an amount fixed by the Borough Engineer to guarantee repairs or replacements. However, the terms of the special maintenance bond shall be in full conformity with § 300-56.
Upon completion of the required improvements and installations,
the applicant shall provide a three-year maintenance bond, which shall:
A.
Be in favor of the Borough and provide a surety which is on the approved
list of the Pennsylvania Insurance Commission;
B.
Be in an amount equal to 50% of the amount of the improvement bond;
and
C.
Provide that, for three years after the completion of such improvements
and installations, the subdivider, developer or his or her surety
will, at his or her own expense, make all repairs of such improvements
and installations which may become necessary by reason of improper
workmanship, faulty materials or damage occurring during construction.
Prior to, and as a condition of, the final plat approval, a written
commitment by the subdivider shall be submitted to the office of the
Manager stating the willingness on the part of the subdivider or developer
to comply with this subsection at the time of completion of the construction.
Roadway maintenance bonds are also for three years.
As an alternative to the posting of the required bonds or other
security, the developer may deposit a cash guarantee in the form of
a certified or cashier's check or an escrow account with terms
satisfactory to Council. All funds deposited for guaranteeing construction
shall be used only for the purpose of making improvements, installations
or repairs for which the bond or cash was provided. Based on the progress
of the work, percentages of the deposit shall be returned to the developer
on a monthly basis. Such progress and returned deposits shall be certified
by the Manager.
After the required roads, streets, sewers and other improvements
have been installed and constructed pursuant to this chapter, and
if a developer then wishes to have the Borough accept such roads,
streets, sewers and other improvements as a part of the Borough system,
then the developer shall notify the Borough Engineer that the construction
or installation has been completed and shall supply the Borough with
a tracing of the plan of lots or development in question as built
in accordance with the final approval thereof. Such tracing shall
be certified by a registered engineer. The developer shall also supply
the Borough with a minimum of four copies of the as-built plan on
the basis of which the roads, streets, sewers and other improvements
in question have been constructed or installed. Such tracing and four
copies of the plan shall be confirmed copies in every respect and
contain a notice thereon as to where and when the plan was recorded
in the office of the County Recorder of Deeds.
With respect to the portions of roads, streets, sewers or other improvements which the developer wishes to have the Borough accept, the developer shall shade or color such portions in yellow crayon on each of the copies required by § 300-60 and shall also clearly designate the number of linear feet of such roads, streets, sewers or other improvements which he or she wishes to be accepted by the Borough. The maintenance bond required by § 300-58 shall be furnished to the Borough contemporaneously with such plan. The maintenance bond shall contain an accurate, well-defined description of the portions of such roads, streets, sewers or other improvements which the developer wishes the Borough to accept.
The developer shall submit a formal petition for the acceptance
of improvements. In addition, a legal description of the center line
(or perimeter) of each street or road and each storm or sanitary sewer
easement shall be furnished for inclusion in the ordinance of acceptance.
Such petition shall contain appropriate provisions which, in the opinion
of the Solicitor, are sufficient to release the Borough from any and
all liability, damages, claims and expenses for damages, direct or
consequential, sustained or allegedly sustained by the applicant or
his or her heirs, successors or assigns in connection with or as a
result of the acceptance of any public improvement or the establishment
or change in any grade of any street or road and in connection with
the repair, replacement, maintenance or removal of any public improvement,
facility or utility, including, but not limited to, any storm or sanitary
sewer.
