All of the improvements to land must be completed in accordance with the improvements listed and described in the sections of this article and Chapter 97, Construction Standards, and shall also conform to the requirements of all other applicable ordinances and resolutions of the Municipality. In the event that the plans of roads, streets or alleys located within the Municipality have been approved and recorded as provided in this chapter, any subdivider or developer shall first notify the Chief Administrator of his intention to proceed with the construction or installation of said roads, streets or alleys; said notification shall be made at least one week (five working days) before any such construction or installation shall commence so as to give the municipal officials an opportunity to inspect the site prior to commencement of work and to inspect the installation or construction of said roads, streets or alleys during the course of work being performed.
[Amended 6-1-2016 by Ord.
No. 948-16]
A.
In reviewing any plan for residential subdivision or residential
land development, the Municipal Planning Commission, in consultation
with the Parks and Recreation Commission, shall consider the parks,
open space and recreational needs of the additional residents and/or
employees proposed by the development and shall discuss its findings
and the further requirements of this section with the applicant as
it deems necessary in the public interest.
B.
In all residential subdivisions or residential land developments,
the applicant shall set aside land for parks and recreational purposes
based upon the following formula: Amount of Land = [number of dwelling
units] x [occupancy factor] x 0.044.
(1)
Occupancy factors shall be determined by the number of residents
who may occupy a certain type of dwelling unit. For purposes of administering
this chapter, the occupancy factor shall be as follows:
(3)
Alternatively, the applicant may offer to construct park and recreation facilities if the value of the facilities equals or exceeds the amount of a fee in lieu, as per § 201-77D. The Parks and Recreation Commission shall determine the adequacy of the facilities proposed to be constructed. The Municipality may decline any such proposed alternative.
(5)
Alternatively, the applicant may offer trail easements in accordance with Subsection G, Municipal trail easements. Credit for land dedication requirements shall be equal to the calculated area of the easement/right-of-way, and reduction of fee in lieu shall be in proportion to the land required. The Municipality may decline any such proposed alternative.
C.
Fee in lieu.
(1)
For all subdivisions and residential land developments, the amount
of fee in lieu shall be calculated on a per-unit basis as follows
and shall be provided for each unit or building lot proposed:
(a)
Single-family detached: $1,200 per unit.
(b)
Single-family attached: $800 per unit.
(c)
All other residential units: $600 per unit.
(d)
The preceding values are approximated based on the following formula: required acres per unit as detailed in Subsection B(1) x average per-acre value of raw residentially zoned land in Murrysville.
(e)
As of the effective date of this chapter, the average per acre
value of raw residentially zoned land in Murrysville shall equal $9,000.
(f)
At a minimum, the Municipality shall reassess the aforementioned
per-acre value of raw residentially zoned land every three years.
The assessment shall be based upon a review of comparable land sales
throughout the Municipality. The average per-acre value, as mentioned,
shall be amended accordingly.
(2)
Credit for land dedication requirements shall be equal to the calculated
area of the easement/right-of-way; reduction of fee in lieu shall
be in proportion to the land required.
(3)
All monies collected in lieu of land shall be kept in an interest-bearing
account clearly identified as reserved for providing, acquiring, operating
or maintaining park or recreational facilities. Interest earned on
the account shall become funds of the account. Funds shall be used
only for the purpose of providing, acquiring, operating or maintaining
park or recreation facilities within the Municipality at locations
that are reasonably accessible to the development and consistent with
the Comprehensive Park, Recreation and Open Space Plan of the Municipality.
D.
Open space characteristics and design standards. In designating areas
for parks and recreation areas within the subdivision or land development
plan, the following criteria and standards shall be adhered to by
the applicant. Areas shall be:
(1)
Consistent with the Municipality's Comprehensive Park, Recreation
and Open Space Plan.
(2)
Suitable for active and passive recreational uses to the extent deemed necessary by the governing body as recommended by the Park and Recreation Commission, without interfering with adjacent dwelling units, parking, driveways, and roads. A minimum of 25% of the total land area to be dedicated for open space and recreation purposes shall be suitable for active recreational use as specified in § 201-77E.
(3)
Comprised of no more than 25% environmentally sensitive lands (including
floodplains, wetlands, woodlands, slopes exceeding 25%, and surface
waters).
(4)
Comprised of areas not less than 100 feet in width and not less than
10,000 square feet of contiguous area, except when part of a trail
system or pathway network.
(5)
Interconnected with common open space areas on abutting parcels whenever
possible, including provisions for pedestrian pathways for general
public use to create linked pathway systems within the Municipality
as defined by the Comprehensive Park, Recreation and Open Space Plan.
(6)
Provided with sufficient perimeter when necessary, and with safe
and convenient access by adjoining street frontage or other rights-of-way
or easements capable of accommodating pedestrian, bicycle, and maintenance
and vehicle traffic and containing appropriate access improvements.
(7)
Undivided by any public or private streets, except where necessary
for proper traffic circulation, and then only upon recommendation
of the Municipal Engineer and Park and Recreation Commission.
(8)
Free of all structures, except those related to outdoor recreational
use.
(9)
Made subject to such agreement with the Municipality and such deed
restrictions duly recorded in the office of the County Recorder of
Deeds as may be required by the governing body for the purpose of
preserving the common open space for such use.
(10)
All land proposed to be dedicated shall be suitable for the
use intended and shall be free of all encumbrances and liens. All
land to be dedicated shall include a provision for physically identifying
the boundaries where public or common lands meet private lands.
(11)
Land to be dedicated shall consist of one parcel with no intervening
private land, unless recommended by the administration, the Planning
Commission and the Parks and Recreation Commission and approved by
Council.
E.
Requirements for active recreation land.
(1)
Land to be dedicated should be located within the development site
unless agreed otherwise by the Municipal Council upon recommendation
by the administration, the Parks and Recreation Commission and the
Planning Commission.
(2)
Land proposed for parks, playgrounds or other active recreational
use shall have a slope no greater than 8%, either in its natural state
or after grading by the developer.
(3)
Specifically not include any drainage swales or other components
of any stormwater management system.
(4)
Shall not include any areas of jurisdictional wetlands as defined
by the U.S. Army Corps of Engineers or the Pennsylvania Department
of Environmental Protection.
(5)
Areas designated for active recreation shall be visible from a public
street and shall have at least 100 feet of frontage on a public street.
(6)
Active recreation lands shall be provided with the same access to
utilities (electric, telephone, gas, water, sewer, etc.) as lots within
the development.
(7)
Areas designated for active recreation shall be designed as a focal
point or core feature of the development.
(9)
Active recreation area shall be easily and safely accessible from
all areas of the development, shall have adequate ingress and egress,
including site distance and other requirements. Parking areas for
access to the active recreation area shall be identified.
(10)
To the maximum extent feasible, the shape of the property proposed
to be dedicated shall maintain a length to width ratio not to exceed
four to one; exceptions may be made to this requirement based upon
the proposed active recreation use of the land.
F.
Ownership and maintenance of parks and recreation areas. Different
ownership and management options apply to the permanently protected
park and recreation land created through the development process as
defined in this chapter. The land shall remain undivided and may be
owned and managed by a homeowners' association, a governmental
body, or a recognized land trust or conservancy. A narrative describing
ownership, use and maintenance responsibilities shall be submitted
for all common and public improvements, utilities and park or recreation
areas.
(1)
Ownership standards. Common park and recreation land within a development
shall be owned, administered and maintained by any of the following
methods, either individually or in combination, subject to the approval
of the governing body.
(2)
Offer of dedication. The Municipality shall have the first and last
offer of dedication of undivided park and recreation land in the event
said land is to be conveyed. Dedication shall take the form of a fee
simple ownership. The Municipality may, but shall not be required,
to accept undivided park and recreation land, provided that:
(a)
Such land is accessible to residents of the Municipality.
(b)
There is no cost of acquisition other than costs incidental
to the transfer of ownership, such as title insurance.
(c)
The Municipality agrees to and has access to maintain such lands.
(d)
Where the Municipality accepts dedication of common park and
recreation lands that contain improvements, the Municipality may require
the posting of financial security to ensure structural integrity of
said improvements as well as the function of said improvements for
a term not to exceed 18 months from the date of acceptance of dedication.
The amount of financial security shall not exceed 15% of the actual
cost of installation of said improvements.
(e)
The governing body may designate any Municipal, intermunicipal
or county governing body or authority to accept the dedication of
common park and recreation land, subject to the above listed provisions.
(3)
Homeowners' association. The undivided park and recreation land
and associated facilities may be held in common ownership by a homeowners'
association. The association shall be formed and operated under the
following provisions:
(a)
The developer shall provide a description of the association,
including its bylaws and methods for maintaining the park and recreation
land.
(b)
The association shall be organized by the developer and be operated
with financial subsidization by the developer, before the sale of
any lot within the development.
(c)
Membership in the association is automatic (mandatory) for all
purchasers of lots or homes therein and their successors. The conditions
and timing of transferring control of the association from developer
to homeowners shall be identified.
(d)
The association shall be responsible for maintenance, insurance
and taxes on undivided park and recreation land, enforceable by liens
placed by the Municipality.
(e)
The members of the association shall share equitably in the
costs of maintaining and developing such undivided open space. Shares
shall be defined within the association bylaws.
(f)
In the event of a proposed transfer, within the methods here
permitted, of undivided park and recreation land by the homeowners'
association, or of the assumption of maintenance of undivided park
and recreation land by the Municipality or its designee, notice of
such action shall be given to all property owners within the development.
(g)
The association shall have or hire adequate staff to administer
common facilities and properly and continually maintain the undivided
park and recreation land.
(h)
The homeowners' association may lease park and recreation
lands to any other qualified person, or corporations, for operation
and maintenance of open space lands, but such a lease agreement shall
provide that:
[1]
The residents of the development shall at all times have access
to the park and recreation land contained therein;
[2]
The undivided park and recreation land to be leased shall be
maintained for the purposes set forth in this chapter; and
[3]
The operation of park and recreation facilities may be for the
benefit of residents only, or may be open to the residents of the
Municipality, at the election of the developer and/or homeowners'
association, as the case may be.
(i)
The lease shall be subject to the approval of the governing
body, and any transfer or assignment of the lease shall be further
subject to the approval of the governing body. Lease agreements so
entered upon shall be recorded with the Westmoreland County Recorder
of Deeds within 30 days of their execution, and a copy of the recorded
lease shall be filed with the Municipal Secretary.
(j)
Condominiums. The undivided park and recreation land and associated
facilities may be controlled through the use of condominium agreements,
approved by the governing body. Such agreements shall be in conformance
with the commonwealth's Uniform Condominium Act.[1] All undivided park and recreation land shall be held as
a "common element."
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(k)
Dedication of easements. The Municipality may, but shall not
be required to, accept easements for public use of any portion or
portions of undivided park and recreation land title of which is to
remain in ownership by a condominium or homeowners' association,
provided that:
[1]
Such land is accessible to municipal residents.
[2]
There is no cost of acquisition other than costs incidental
to the transfer of ownership, such as title insurance.
[3]
A satisfactory maintenance agreement is reached between the
developer, condominium or homeowners' association and the Municipality.
[4]
The Municipality may designate any municipal, intermunicipal
or county body or authority to accept such easements, subject to the
above-listed provisions.
(l)
Transfer of easements to a private conservation organization.
With the permission of the governing body(ies), an owner may transfer
easements to a private, nonprofit organization, among whose purposes
it is to conserve parks, recreation lands and facilities, open space
and/or natural resources, provided that:
[1]
The organization is acceptable to the Municipality and is a
bona fide conservation organization with perpetual existence;
[2]
The conveyance contains appropriate provision for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions; and
[3]
A maintenance agreement acceptable to the governing body(ies)
is entered into by the developer and the organization.
(m)
Maintenance standards.
[1]
The ultimate owner of the park and recreation land (typically
a homeowners' association) shall be responsible for raising all
moneys required for operations, maintenance or physical improvements
to the park and recreation land through annual dues, special assessments,
etc. The homeowners' association shall be authorized under its
bylaws to place liens on the property of residents who fall delinquent
in payment of such dues, assessments, etc.
[2]
In the event that the association or any successor organization
shall, at any time after establishment of a development containing
undivided open space, fail to maintain the undivided park and recreation
in reasonable order and condition in accordance with the development
plan, the Municipality or its designee may serve written notice upon
the owner of record, setting forth the manner in which the owner of
record has failed to maintain the undivided park and recreation in
reasonable condition.
[3]
Failure to adequately maintain the undivided park and recreation
land in reasonable order and condition constitutes a violation of
this chapter. The Municipality, or its designee, is hereby authorized
to give notice, by personal service or by United States Mail, to the
owner or occupant, as the case may be, of any violation, directing
the owner to remedy the same within 20 days.
[4]
Should any bill or bills for maintenance of undivided park and
recreation land by the Municipality, or its designee, be unpaid by
November 1 of each year, a late fee of 15% shall be added to such
bill and a lien shall be filed against the premises in the same manner
as other municipal claims.
G.
Municipal trail easements. The following section outlines standards by which the Municipality may accept trail easements as land dedication within proposed open space that does not otherwise meet the requirements of Subsection D, Open space characteristics and design standards.
(1)
Any right-of-way, easement, or other encumbrance hereinafter being
referred to simply as right-of way, allowing for future construction
of a trail within any area of a development shall be expressly defined
and clearly marked to scale on all plot plans prior to final plan
approval and shall be defined by appropriate survey.
(2)
All trail rights-of-way shall be recorded in any covenants of the
development or homeowners' association. All public trail rights-of-way
within a plan shall be disclosed to all purchasers of parcels within
said plan prior to purchase.
(3)
Trail location and easement standards.
(a)
Trail rights-of-way shall not exceed 20 feet in width to assist
in the ability to locate the tread portion of the trail within the
right-of-way. Treadway or improved area width shall not exceed six
feet.
(b)
Boundaries of all trail rights-of-way shall be set back at least
25 feet from the parcel boundaries of the parcel on which the easement
is located, and are encouraged to be located at the greatest distance
from said property lines, where conditions permit.
(c)
Trail connectors shall be exempted from the aforementioned setback
requirements. A trail connector is defined as the point of entry to
the trail from a point of public access such as a public road.
(4)
Trail construction and use standards. The Municipality, through its
subsequent policies and standards, shall adhere to the following standards
regarding the utilization of trail easements conveyed:
(a)
Motorized vehicles and equestrian usage shall be prohibited.
All trails shall be clearly identified by appropriate signage. Trails
shall be blazed to identify their location and ensure that all traffic
stays within the prescribed boundaries.
(b)
The use of trails shall be restricted to the hours from dawn
to dusk.
(c)
All trails shall be constructed in accordance with appropriate
guidelines and standards as recommended by the Parks and Recreation
Commission and used in municipal park trail development.
(d)
The Municipality of Murrysville may, at its discretion, use
municipal employees, contract with vendors, or utilize community volunteers
to construct and/or maintain trails.
(e)
All property owners adjacent to the trail development area shall
be notified prior to the start of trail construction. Council shall
also be notified of pending trail construction within dedicated easements.
(f)
The Municipality assumes all risks of right-of-way ownership,
construction, and liability related to the use of said public trails.
(g)
The Municipality assumes maintenance responsibilities for all
trails constructed by municipal employees, contract vendors, or community
volunteers.
Concrete monuments shall be set at the intersection
of all lines forming angles in the boundary of the subdivision.
Iron or steel markers shall be set at the beginning
and ending of all curves along street property lines; at all points
where lot lines intersect curves, either front or rear; at all angles
in property lines of lots; and at all other lot corners.
A.
Excavation. The slopes in the excavation for streets and roadways shall be trimmed neatly to the lines and rate of slope indicated in Chapter 97, Construction Standards, and Chapter 124, Grading, Excavations and Filling, or as directed by the Municipality of Murrysville Inspector, upon the written advice of the Municipal Engineer, and the work left in a neat and acceptable condition. The slopes in cuts may be varied during construction by the Municipal Engineer according to the type of material encountered in order to obtain satisfactory stability.
B.
Grading.
(1)
All streets shall be graded to stakes set by the contractor in accordance with the cross section shown in Chapter 97, Construction Standards, and Chapter 124, Grading, Excavations and Filling, to the satisfaction of the Municipal Inspector and the Municipal Engineer. Where fill material is necessary to establish uniform grades, compaction shall be required in accordance with the latest Department of Transportation specifications.
(2)
The subgrade shall be free of sod, vegetation matter
or other similar material. Where poor subgrade drainage conditions
are found during construction, additional necessary drainage shall
be installed as directed by the Engineer. All subgrade shall be tested
by the Municipal Engineer and meet the Pennsylvania Department of
Transportation specifications.
C.
Drainage. Suitable drainage structures, culverts, storm sewers, ditches and related installations shall be provided to ensure adequate drainage of all low points along the line of streets. Flow of water in gutters or ditches along roads or streets shall be kept to a four-hundred-foot maximum and may, in exceptional cases, run up to 800 feet; however, anything over 400 feet should normally be put in storm sewers or diverted to natural drainageway. Drainage facilities shall be provided in accordance with Chapter 97, Construction Standards.
D.
Curbs. Curbs shall be required on all streets, roads, and highways in accordance with Chapter 97, Construction Standards.
E.
Base course. The base course shall conform to the Pennsylvania Department of Transportation's approved material and Chapter 97, Construction Standards, in effect at the time of construction.
F.
Pavement standards.
(1)
Pavement shall be required on all subdivided streets in accordance with Chapter 97, Construction Standards.
(2)
Before final acceptance of the project or during the
progress of the work, as deemed advisable or necessary, the thickness
or depth of pavement and base course will be determined by the Engineer.
If any additional tests, including test borings, are required, they
shall be done and paid for at no expense to the Municipality of Murrysville.
(3)
Shoulders. The width of street shoulders shall be constructed in accordance with Chapter 97, Construction Standards. Street shoulders shall be constructed with suitable material from the roadway or structure excavation supplemented by additional suitable material, if directed, from a borrow pit. 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 Municipal Inspector.
(4)
Utility sleeves. Prior to paving, there shall be placed
under all streets within a subdivision utility sleeves extending at
least beyond the limits of the paving width, for the placement of
electric, telephone and cable television and any other type of utility
service to lots on the opposite side of the street within a subdivision
plan. Also prior to paving of streets, sanitary sewerage and storm
sewer lines and lateral crossings under the streets shall be installed
at least beyond the limits of the paving width to serve all lots within
a subdivision plan. These sleeves, lines and laterals shall be capped
until such time as brought into use. However, natural gas and potable
waterlines may be installed under the paved streets, provided that
installation is accomplished without open cutting of the streets.
The construction of a storm drainage system
shall conform to the following requirements.
A.
Minimum grade. Drainage ditches or channels shall
have a minimum gradient of 1%.
B.
Standards. Provisions for storm drainage and the design and installation of drainage structures shall be placed to ensure traffic safety and conform to Chapter 97, Construction Standards.
C.
Ditches. When open watercourses are planned, adequate
capacity and appearance measures shall be taken by the subdivider
to ensure proper, safe, healthful disposal of stormwater.
D.
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 shall be required to seed or provide
other means to prevent the wash from damaging adjacent property or
accumulating on surfaces of lower streets. Plans and erosion control
devices must be on file and in conformance with applicable federal
and Commonwealth of Pennsylvania statutes and the rules and regulations
of the applicable agencies.
A.
Public water supply.
(1)
Where public water supply is available, as determined
by the Council, the subdivider or developer shall construct a system
of water mains, connect to such public water supply and provide a
connection for each lot, and shall provide fire hydrants (as prescribed
by the controlling municipal building and/or fire codes[1]). Council's consideration of public water supply availability
shall encompass the distance from the proposed subdivision or development,
intervening rights-of-way which may need to be acquired, the costs
of installation, the number of lots/units in the proposed subdivision/development
and other lands owned or controlled by the applicant.
(2)
If water is to be provided by means other than private
wells owned and maintained by the individual owners of lots within
the subdivision or development, applicants shall present evidence
to the governing body that the subdivision or development is to be
supplied by a certified public utility, a bona fide cooperative association
of lot owners or by a municipal corporation, authority or utility.
A copy of a certificate of public convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement or a commitment or agreement to serve the
area in question, whichever is appropriate, shall be acceptable evidence;
provided, however, that such documentation shall expressly provide
as follows:
(a)
Service to the proposed subdivision or development
has been approved by resolution or appropriate action of such body;
(b)
The proposed completion date for such water
service; and
(c)
Sufficient funds appropriated for such purpose
and/or sufficient security shall be obtained from the developer or
from the applicant for the installation of the water service.
B.
Individual water supply.
(1)
Where public water is not available, the developer
shall provide the following:
(a)
A written opinion of a hydrologist or other
similar water expert, present on the site during well drilling operations,
of the adequacy of the supply, per United States Housing and Urban
Development minimum water production requirements for a new single-family
residence.
(b)
A written report certifying that bacteriological
and chemical tests have been performed on the well water and that
said water does not exceed the prescribed drinking water standards
of the United States Department of Housing and Urban Development and
United States Environmental Protection Agency for a single-family
residence. In all cases where it has been determined that individual
water supplied from private wells is not feasible, a public water
distribution system will be required.
(2)
Individual private wells shall be located at least
15 feet from property lines; 50 feet from all septic tanks; 100 feet
from all the disposal fields and other sewage disposal facilities;
10 feet from all cast-iron sewer lines; and 30 feet from any vitrified
sewer tile lines and shall not be located within any floor plan
A.
Requirements. Where the municipal sewer system is
reasonably accessible to the subdivision or land development, the
developer shall provide the subdivision with a complete sanitary sewer
system to be connected to the municipal sanitary system. Where the
municipal sewer system is not reasonably accessible to the subdivision
and, in the judgment of the Council and the FTMSA, an extension of
the municipal sewage system to the subdivision will not take place
in the near future, interim private disposal systems on individual
lots consisting of septic tanks and tile absorption fields or interim
package plant sewage disposal system or systems with dedicated easements
for future use and expansion may be permitted.
B.
Surface water. Where the physical condition of the
site may impound surface water and thereby raise the groundwater table
level above the on-lot sewage disposal system during rainy seasons,
the Council may require the construction of an underground stormwater
system to keep the water level below the tile absorption fields of
the disposal system.
Every lot in a subdivision shall be capable of being served by utilities, and easements acceptable to the utility companies shall be provided. Electric, gas and other utility distribution lines shall be installed within public rights-of-way or within properly designated easements. 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 paving. Installation shall be in conformance with Chapter 97, Construction Standards.
Street name signs of a type adopted or approved
by the Council shall be installed at each street intersection by the
subdivider according to location as required by the Municipal Engineer.
A.
Sidewalks may be installed on the owner's side of
an existing paved street and on both sides of new streets to be paved
during subdivision development, in accordance with the standards and
specifications of the Municipality.
B.
Sidewalks shall be installed in all land developments
or residential subdivisions fronting on the following streets, in
accordance with the standards and specifications of the Municipality
and being integrated with existing sidewalks adjoining the site:
C.
The Municipal Council may waive the aforementioned
requirement of sidewalk installation in the following circumstances:
B.
For purposes of applicability, the entire development
site shall be considered in the following circumstances:
(1)
All previously disturbed areas or areas proposed for
improvement where an existing residential structure is converted such
that it qualifies as a land development.
(2)
All previously disturbed areas or areas proposed for
improvement where an entire site is redeveloped in a manner that qualifies
the activity as a land development. The following shall constitute
"redevelopment" for purposes of this section: improvement of the entire
building facade or required improvement of the majority of an existing
parking area due to changes in access and additional parking.
C.
Where the provisions of the preceding section do not
apply, the landscaping requirements of the Zoning Ordinance shall
apply to the area improved where improvement includes impervious surface
coverage, grading, and associated stormwater amenities.
Parking areas and access drives shall be provided as required by the provisions of Chapter 220, Zoning. Parking lot landscaping and general design standards shall be required in a manner that applies to only proposed lots or existing lots where a land development necessitates revised access and parking area ingress and egress.
Land operations may occur in a subdivision or land development only in accordance with the requirements of Chapter 124, Grading, Excavations and Filling. No land operations permit shall be issued until such time as a developer's agreement has been executed, all applicable inspection fees have been paid, all required financial security posted, and all associated state and federal permits have been obtained.
