In addition to the standards contained elsewhere
in these regulations, the following general standards shall be observed:
A. Existing utilities and improvements. Existing utilities
and improvements shall be utilized wherever possible. New roads and
extended utility services shall be discouraged if existing services
and facilities may be utilized. Scattered urban development shall
be avoided.
B. Minimize street lengths. Development designs shall
minimize street lengths necessary to serve developed properties.
C. Lot line angles. Side lot lines should be substantially
at right angles or radial to street lines, unless the purpose of lot
line orientation is to obtain greater solar access.
D. Depth of residential lots. Depth of residential lots
should be not less than one nor more than three times the lot width.
E. Lot frontage and access.
(1) Every lot shall abut a street. Lot frontage or access
shall be physically accessible by standard vehicle in existing condition
or the municipality shall require illustration of the site improvements
planned and necessary to alter steep banks, floodplains, visibility
limitations, etc., to a condition that will facilitate safe and adequate
access. The municipality may also require that lots be arranged to
reserve a right-of-way for street access to future lots.
(2) The development of sites not located on a public thoroughfare
of sufficient width and alignment in respect to the traffic to be
generated is forbidden under this chapter. When proposed subdivisions
or land developments are not located directly upon an adequate public
thoroughfare, the municipality will require the developer to improve
the access road between the site and the nearest adequate thoroughfare
to the standards of this chapter as a condition for final plan approval.
Said access road must be dedicated to the municipality after the completion
of development as provided for in this chapter.
F. Double- or reverse-frontage lots. Double-frontage
lots shall be prohibited except where, in the judgment of the municipality,
they are necessary to separate residences from major traffic arteries
or railroads or to overcome specific disadvantages of topography in
hillside areas. Where double-frontage lots back on a major traffic
artery, a planting strip for a screen, at least 20 feet in width,
shall be provided along the back of the lot. The municipality may
also require a twenty-foot planting screen for a double-frontage lot
which backs on a railroad or other disadvantageous use. Double- or
reverse-frontage lots may be preferred or required when lot access
to an adjoining street is not permitted or separation from the street
is desired because of topographic, orientation, aesthetic, congestion,
safety or high noise level considerations.
G. Drainage and utility easements. Adequate easements
or rights-of-way shall be required for drainage and utilities. Easements
shall be a minimum of 20 feet in width and, whenever possible, shall
be centered on side or rear lot lines. No structure or buildings shall
be erected within such easements.
H. Natural and historic feature preservation. Every measure
shall be taken to ensure, insofar as possible, the preservation of
natural and historic features, areas and structures determined to
be worthy of such preservation by the municipality and public access
to such where appropriate. Site design and development shall include
reasonable efforts to save existing trees and vegetation and to provide
for the planting of such additional trees and vegetation as may be
required to meet Borough standards for the same.
I. Pedestrian circulation.
(1) Pedestrian walkways shall be physically separated
from all streets and, insofar as possible, from vehicle circulation
ways within nonresidential developments.
(2) Parking lots shall be designed so as to minimize the
necessity for pedestrians to walk within and across vehicle circulation
ways.
(3) Commercial developments should be designed so as to
allow pedestrians to browse and pause in areas removed or otherwise
protected from vehicular circulation and parking areas.
(4) Insofar as possible, common open areas and other residential
service areas shall be located at the interior of dwelling sites to
minimize the necessity for pedestrians to cross streets.
(5) Construction standards for sidewalks and curbs shall
be in accordance with Chart III.
J. Residual land and nearby development. The standards
of this chapter shall apply to all lots being subdivided or developed
and residual land which is created by the subdivision or land development
activity. The design of proposed subdivisions and land developments
shall be coordinated with existing nearby development and physiography
so that the entire area may be developed harmoniously.
K. Structure orientation.
(1) Structure sites should be grouped whenever possible
as such provides larger, more usable open space without decreasing
the overall density of development.
(2) Extra building setbacks are recommended at all street
intersections in order to increase sight distances and to make the
presence of an intersection more apparent.
(3) Insofar as possible, commercial structures should
be relatively central in respect to their parking areas in order to
minimize required walking distances for safety and convenience. (Protected
pedestrian accessways shall be provided in commercial developments
adjacent to residential neighborhoods.)
L. Vegetation and street trees.
(1) Street trees.
(a)
The developer shall seed the planting strip
between the curb and sidewalk, if either or both are required, and,
in addition, provide street trees of a caliper not less than one to
two inches and planted 40 feet to 60 feet apart. The type and spacing
of the trees shall be approved by the municipality.
(b)
The following is a list of acceptable trees.
Any tree not on this list must be specifically approved by the municipality.
Any tree which is on this list must be approved as to locale of the
project by the municipality:
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Norway maple
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Sugar maple
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White ash
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Green ash
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Maidenhair tree
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Thornless honey locust
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Sweetgum
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Oriental plane tree
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American plane tree
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White oak
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Red oak
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Scarlet oak
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Pin oak
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Littleleaf European linden
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Silver linden
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American elm
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(c)
Special reference is made here to the solar access requirements as contained in Chapter
350, Zoning, with respect to trees and vegetation.
(2) Conservation. Development shall be planned so as to
minimize the removal of existing trees, shrubs and ground cover and
to minimize the amount of land covered by structures and paving.
(3) Noise control. Street trees along arterial and collector
streets in residential areas are recommended to absorb traffic noise.
(4) Screening. Wherever natural screening is being provided
to meet a screening requirement of any zoning ordinance, such shall
consist of 50% evergreen or evergreen-type hedges and 50% shrubs interplanted
and of a variety and size at the time of planting that such will attain
a height of at least six feet within three years thereafter and spaced
at intervals of not more than four feet. Furthermore, subdivision
and land development plans shall provide for such screening:
(a)
Where commercial or industrial uses abut residential
uses.
(b)
Where residential uses abut any railroad or
limited access highway or any other arterial highway in the case of
reverse frontage or where marginal or rear access is provided.
(c)
Around all open sides of any common utility
yard and any outdoor equipment or refuse storage area in a group residential
development.
(d)
Elsewhere as deemed necessary by the municipality.
(5) Windbreaks. The use of planting rows to serve as windbreaks
to control the drifting of snow across public and private thoroughfares
as well as for general comfort is recommended.
(6) Obstructions to vision. No bushes or shrubs exceeding
30 inches in height or at such lesser height which, due to ground
elevations, would obstruct the vision of motorists shall be permitted
within any required clear sight triangle nor within 10 feet of the
right-of-way line adjacent to access drives, and all street trees
shall be kept free of branches and foliage from the ground level to
a height of at least eight feet.
M. Vehicle provisions.
(1) Access drives. Whenever required and/or provided under
the provisions of this chapter or otherwise, all access drives shall
be designed according to the following standards:
(a)
Except in the case of single- and two-family
dwellings, the general layout shall be such that there will be no
need for motorists to back into public rights-of-way.
(b)
Access drives for commercial and industrial
uses shall be paved and shall not be less than 18 feet in width nor
exceed 35 feet in width within 12 feet of the street right-of-way
line, excepting as increased by the curb radii.
(c)
The number of access drives shall not exceed
two per lot on any one street frontage. The municipality may grant
permission for additional access drives where required to meet exceptional
circumstances and where frontage of unusual length exists.
(d)
Access drives shall not cross the street right-of-way
lines:
[1]
Within 40 feet of the street right-of-way line
of an intersecting street and in no case less than 10 feet from the
point of tangency when the intersecting street lines are joined by
a curve. When deemed reasonably necessary for safety by the municipality,
this dimension shall be increased for access drives to shopping centers
and other commercial, industrial, public or institutional uses. Such
access drives shall be located on major streets, when practical, in
a manner to permit safe ingress and egress.
[2]
Within 10 feet of a fire hydrant, catch basin
or drain inlet.
[3]
Within 40 feet of another access drive, except
in the case of single- and two-family dwellings.
[4]
Within three feet of a property line, unless
two adjoining owners mutually agree to a common access drive.
[5]
Access to the public highway or street shall
be controlled in the interest of public safety. Off-street parking,
loading and service areas on all properties used for purposes other
than single-family residences shall be physically separated from the
highway or street by a curb, pipe, rail or fence and a planting strip.
(e)
General sight distance safety requirement. Driveways
shall be located in safe relationship to sight distance and barriers
to vision. They shall not exceed a slope of 10% within 12 feet of
the street line.
(2) Off-street parking facilities. Whenever required and/or provided under the provisions of this chapter or otherwise, all off-street parking facilities shall be designed according to Chapter
350, Zoning.
(a)
Surfacing. In commercial and industrial uses,
any off-street parking area, service or access drive shall be graded
for proper drainage and shall be stabilized sufficiently to accommodate
the anticipated traffic.
(b)
Circulation patterns. The circulation patterns
in large off-street parking facilities (more than 40 vehicles) shall
be so arranged as to provide for orderly and safe parking and storage
of self-propelled vehicles, including the separation of lanes intended
for general circulation through the facility from the lanes used to
circulate through and among the dedicated parking lanes and areas.
(c)
Lighting. Any lighting used to illuminate any
off-street parking area shall be so arranged as to reflect the light
away from adjoining residential use premises as well as from vehicles
moving upon a public thoroughfare.
N. Public uses.
(1) Reservations by Comprehensive Plan. When a proposed
park, playground, school or other public use, as shown on the Comprehensive
Plan for either the County of Lackawanna or the Borough, is located
in whole or in part in a subdivision, the municipality may require
dedication or reservation of such area(s) within the subdivision in
those cases which the municipality deems such dedication or reservation
to be reasonable. Where such area(s) is not dedicated, it shall be
reserved for acquisition by the appropriate public body for a period
of one year unless said public body indicates its unwillingness to
acquire such area(s) at an earlier date. If not acquired by the appropriate
public body, such area(s) shall revert to the subdivider.
(2) Recreation and education areas.
(a)
Upon consideration of a proposed land development,
particularly large-scale developments located outside of normal municipal
service areas, the municipality may require the dedication of public
grounds and open space for schools, parks, playgrounds and other appropriate
public uses in those cases where the municipality deems such uses
as essential and arising out of the needs created for the same by
the development itself. Suitable arrangements shall be made for fixing
responsibility for continued maintenance of these areas. These provisions
may be made applicable to the total areas of several contiguous subdivisions
in the instances of common majority ownership if so determined by
the municipality.
(b)
Every proposed residential subdivision or land
development to accommodate more than 25 dwelling units may be required
to provide open space for the common recreational use of the residents
thereof. The size of lots or area per dwelling unit required by any
zoning ordinance in effect may be reduced by 5%, except in the case
of on-lot sewage disposal, when such land is provided in accordance
with the following standards:
[1]
The land provided is of suitable size, dimensions,
topography and general character for the type of recreational use
deemed appropriate to the varied outdoor needs of the development
as determined by the municipality.
[2]
The amount of such land equals at least 0.02
acre for each dwelling unit to be established in the subdivision or
land development; provided, however, that such area must be at least
one acre in size.
[3]
Such recreational space shall be easily and
safely accessible to all areas of the subdivision or land developments
and shall be free of hazards to health and safety.
[4]
Such recreation area may be offered for dedication;
however, such offer shall not bind the Borough to accept the same.
If such dedication is accepted, the reduction of the area requirements
permitted above shall be deemed adequate compensation to the landowner
for the land so dedicated if said allowance has been exercised.
[5]
The developer shall make adequate provision
for the perpetuation and grounds maintenance of such recreation area
not offered or accepted for dedication and shall provide evidence
of such provision to the municipality upon filing the final plan.
(3) Recreation area fee in lieu of land. In fulfillment
of this education and recreation area requirement, the developer may
offer to pay the Borough a fee, in an amount as set from time to time
by resolution of the Borough Council, in lieu of a set-aside of land
within the boundaries of the subdivision. Acceptance or rejection
of such an offer will be at the sole discretion of the municipality.
(4) Open spaces. In the case of planned residential developments
or cluster developments, no less than 25% of the total land area shall
be devoted to recreational use and common open space, and adequate
assurance for the perpetuation and maintenance thereof shall be provided
by the developer.
O. Mine subsidence and mine fire hazards.
(1) Land subject to mine subsidence or mine fires, as determined by the authorized state and/or federal officials, shall not be platted for use unless such adverse conditions are first remedied by the subdivider to the satisfaction of the municipality and other appropriate federal, state, county and local agencies. (See §
305-10 for other restrictions regarding geological hazards, etc.)
(2) Land in identified mine subsidence areas may require
core borings under specified road and building sites, at locations
and at a frequency to be determined by the Borough Engineer. Said
core borings are to be conducted in accordance with state and federal
standards and are to be paid for by the developer.
P. Subdivision of property with existing dwellings. Subdivision
of property with existing dwellings or development shall be regulated
by the following:
(1) Each dwelling or use shall be serviced by separate
utility connections. Shared sewage systems are not permitted.
(2) Each dwelling or use subdivided shall be on sufficient
land area to satisfy minimum lot area and yard setback requirements.
Where adequate land area is not available to satisfy minimum standards,
subdivision may be permitted when:
(a)
Each dwelling or principal building is in good
structural condition.
(b)
Mobile homes are not involved.
(c)
An equitable distribution of land is proposed
between the existing uses or buildings.
Q. Special purpose subdivisions. Lot additions, land
exchanges, agricultural-use-only lands and any other specific or special
purpose subdivision or land development shall include prominent plan
notes to avoid misinterpretation of the intent of the subdivision
or land development plan. Applicable deed restrictions may be required.
R. Accuracy of deeds.
(1) Deeds filed subsequent to subdivision or land development
approval shall accurately and correctly describe the property therein.
Deeds shall be in complete compliance with all plan notes and conditions.
(2) Recording a deed which omits or contradicts the information
on an approved subdivision or land development plan shall be a violation
of this chapter.
Conservation of energy shall be an important
principle in the design of subdivisions and land developments. Plans
shall facilitate the energy-efficient placement of homes and buildings
on lots. Whenever the following criteria are found to be appropriate
to a site, development design should be in accordance with the standards
contained herein:
A. Lot and structure orientation.
(1) Lots shall be designed for energy-efficient siting
of buildings with respect to slopes and existing trees.
(2) Southerly exposures should be utilized for development.
North slopes, especially those over 10% slope, should be avoided because
the long shadows created severely restrict solar access.
(3) New lots and new residences shall be oriented to make
maximum effective use of passive solar energy. The long axis (depth)
of each lot should run north to south, with a possible east to west
variation of 22 1/2°. Lot design should provide for lots
of adequate width, depth and slope for solar orientation. Lot layout
should facilitate solar access by at least 75% of the proposed dwellings
or buildings within a development.
(4) The largest yard setback should be stipulated on the
south side of proposed buildings. Buildings should be situated to
the north end of the lot to permit maximum on-lot control of solar
sky space.
B. Streets.
(1) Streets should be oriented along an east-west axis,
with maximum north-south deviations of 30°. This should be required
to the maximum extent possible, although size, configuration or orientation
of the property, nature of the surrounding development, circulation
patterns, existing physical features such as topography and vegetation
(trees) and improved design potential may be considered to determine
the feasibility of this requirement for a given site.
(2) A street system shall be designed to reduce overall
lengths and facilitate traffic flow (minimum number of intersections).
C. Vegetation and wind.
(1) Site design shall emphasize the preservation of all
beneficial natural features of the site, such as existing slope, naturally
wooded areas and watercourses. The site design should also avoid requiring
removal of large isolated trees and desirable woods and other vegetation,
particularly those existing plant materials which serve as wind barriers
and aid in energy conservation.
(2) Developments shall be designed to maximize wind buffering
and/or breeze channelization capabilities of vegetation, topography
and structure layouts. Windbreaks and buffers should utilize evergreens
to protect north and northwesterly exposures. Cooling breezes from
the southwest should be channeled past buildings. Deciduous trees
shall be located in areas which will enable them to shade buildings
from the summer sun but still allow penetration of the winter sun.
The minimum lot size and lot width requirements established by Chapter
350, Zoning, shall be utilized as minimum subdivision standards. All lots shall satisfy the Borough zoning standard for lot width and lot size at the time of subdivision. Additionally, the building setback lines established by Chapter
350, Zoning, shall be applicable and shall be noted on each subdivision or land development plan. Additionally, each subdivision or land development plan shall satisfy all other applicable zoning standards, unless variance thereto has been granted.
A. Lot areas beyond minimum size.
(1) Lots having an average cross-slope of 10% or less shall conform to the requirements for lot widths and areas as established by Chapter
350, Zoning. Additional lot areas beyond minimum size may be required:
(a)
On slopes in excess of 10%. Lots having an average
cross-slope of greater than 10% (hillside lots) shall conform to the
requirements for lot widths and areas as established by Chart I, Lot
Requirements Based on Slope, which is hereby incorporated in this chapter by reference.
(b)
To control erosion or stormwater runoff.
(c)
To provide sufficient area for sewage disposal.
[1]
In subdivisions to be provided with a public
water system but not with a sanitary sewer system, the lot width at
the building setback line shall be a minimum of 75 feet, and the lot
area shall be a minimum of 11,250 square feet.
[2]
In subdivisions to be provided with neither
a sanitary sewer system nor a public water supply system, the lot
width at the building setback line shall be a minimum of 100 feet,
and the lot area shall be a minimum of 20,000 square feet, subject
to the approval of PennDEP and based upon the results of percolation
tests.
[3]
Any other provision of this chapter notwithstanding,
any nonresidential or multiple-dwelling subdivisions which are proposed
to be served by either or both on-lot sanitary sewage disposal and
water supply facilities shall be subject to the individual review
of the municipality, which shall determine what the lot widths and
areas of such subdivisions shall be in order to prevent any health
hazards.
(2) The depth-to-width ratio of the usable area of a lot
shall ordinarily be at a maximum of 3.0 to 1.0.
(3) Lot widths in cluster subdivisions shall be reviewed
on a project basis by the municipality.
B. Lot shape.
(1) Lots in newly platted subdivisions shall be suitably
shaped to encourage and facilitate use and maintenance of all portions
of the lot. Accordingly, lots shall be square or generally rectangular
in shape. Lot configurations which result in flag lots and L-shaped,
T-shaped, triangular or otherwise inappropriately shaped lots shall
be avoided.
(2) In older sections of the Borough, where flag lots
may be created to subdivide larger lots, such flag lots will provide
a minimum of 25 feet of road frontage and a twenty-five-foot access
to the main body of the lot so as to allow for screening and a lot
wide enough to provide at least the minimum lot width required at
the building line for the applicable zone.
[Amended 5-19-2020 by Ord. No. 3-2020]
All regulated activities and all activities that may affect stormwater runoff, including land development and earth disturbance activity, are subject to regulation by the Stormwater Management Ordinance of the Borough of Old Forge, Chapter
295, Stormwater Management, as codified in the Code of the Borough of Old Forge.
Sewage disposal facilities shall be designed
and constructed to meet the needs of the proposed subdivision or land
development. Sewage disposal facilities shall also meet all requirements
of PennDEP, the applicable sewer authority or sewer authorities, if
any, and the Borough. The following requirements specify the design
and installation standards for subsurface sewage disposal and public
and private sewerage systems.
A. Subsurface sewage disposal. All subdivisions and land
developments proposing subsurface sewage disposal shall be designed
and submitted in compliance with the prevailing requirements of the
Pennsylvania Sewage Facilities Act. It is the intent of this section to coordinate a simultaneous
review of subdivision and land development plans with sewage planning
modules at the municipal level, thereby avoiding the approval of lots
that are not suitable for sewage disposal. In accordance with those
standards, application for subdivision or land development approval
shall satisfy the following procedural requirements:
(1) Minor subdivision. The subdivider shall submit the
sewage planning module and required associated information to the
Sewage Enforcement Officer at the time of final plat application.
The subdivision or land development plan shall not be processed until
documentation is provided to verify that the Sewage Enforcement Officer
has received the sewage planning module. All newly created lots, whether
for immediate or future use, shall be tested and approved for sewage
suitability.
(2) Major subdivision. The subdivider shall submit a preliminary
plan depicting general lot layout and street design, as required elsewhere
herein. After preliminary approval, the subdivider shall submit the
required sewage planning module and associated information to the
Sewage Enforcement Officer at the time of final plat application.
The subdivision or land development plan shall not be processed until
documentation is provided to verify that the Sewage Enforcement Officer
has received the sewage planning module.
B. Connection to existing public sewers. When a subdivision
or land development has public sewers available on site or within
1,000 feet of the site, sewer lines shall be included on the subdivision
or land development plan, and installation must be approved by the
municipal and/or other authority responsible for the sewer system.
C. Planned sewer area. When a proposed subdivision or
land development is located in an area not presently served by public
sewers but which has received design data preparatory to sewer system
installation within 10 years, then the municipality shall determine
the necessity of installing house connections and/or capped mains,
even though on-site facilities will be required in the interim. Installation
of house connections and capped mains shall be in accordance with
municipal design data and approved by the Borough Engineer prior to
approval of a preliminary or final plan.
D. Private sewerage system. When a subdivision or land
development is to be provided with a private sewerage system, a statement
shall be submitted to the municipality from PennDEP prior to final
plan approval verifying that a permit has been issued approving the
proposed facilities. Additionally, the Borough must be satisfied that
adequate provisions have been made to guarantee the construction and
maintenance of the proposed private sewerage system.
E. Plan notice on sewer permits and connection to public
sewers.
(1) Subsurface sewage disposal. All subdivision and land
development plans shall contain a plan note specifying that approval
of the plan does not guarantee permit issuance for sewage disposal.
(2) Public sewers. All subdivision and land development
plans shall contain a plan note specifying that connection to public
sewer lines is required.
Sufficient monuments shall be set to ensure
that reliable survey points are available for all parts of the subdivision.
At least one monument shall be placed for every two lots or every
200 feet of streets, whichever requirement is less.
A. Types of monuments. Monuments shall be of the following
types:
(1) Made of concrete, having a five-by-five-inch cross
section and 36 inches in length. A scored one-half-inch round brass
pin shall be located in the top center.
(2) Made of cut stone, having a five-by-five-inch cross
section and being 36 inches in length with a drill hole in the top
center.
(3) A two-inch round galvanized pipe 36 inches long with
a brass cap having a punch hole in its center.
(4) A cast-iron box, inside of which shall be placed a
three-fourths-inch steel pin three feet in length, with the top of
the pin set to serve as the survey point.
B. Placement of monuments. Monuments shall be set at
the intersection of all lines forming angles in the boundary of the
subdivision. They shall be placed so that the scored or marked point
will coincide exactly with the intersection of the lines to be marked
and shall be set so that the top of the monument is level with the
surface of the surrounding ground.
C. Markers. Markers shall consist of steel bars being
at least 15 inches long and not less than 3/4 of an inch in diameter.
Markers shall be set at the beginning and ending of all curves along
street property lines, at all points where lot lines intersect curves,
at all angles in property lines of lots and at all corner lots.
The developer shall be responsible, in all cases,
for the installation of all required improvements, which improvements
shall be approved as they are constructed and completed by the Borough
Engineer. The developer shall also submit a certificate that no lot
will be sold or transferred unless and until the required improvements
and installations have been made or installed or proper security as
defined below has been provided for such required improvements and/or
installations. When security is provided as performance guaranty in
lieu of actual improvements, it shall be the Borough Council, on behalf
of the municipality, that shall negotiate, approve, accept, hold and
release said security.
A. Performance guaranty in lieu of installation.
(1) No plat shall be finally approved unless the streets
shown on such plan have been improved to a mud-free or otherwise permanently
passable condition or improved as may be required by this chapter,
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers, stormwater management
facilities and other improvements as may be required by this chapter
have been installed in accordance with this chapter.
(2) In lieu of the completion of any improvement required
as a condition for the final approval of a plat, the subdivider or
developer shall deposit with the municipality a fiscal security in
an amount sufficient to cover the costs of any improvements or common
amenities, including but not limited to roads, stormwater detention
and/or retention basins and other related drainage facilities, open
space improvements or buffer or screen plantings which may be required.
B. Type of performance guaranty.
(1) Without limitation as to other types of financial
security which the Borough Council may approve, which approval shall
not be unreasonably withheld, federal- or commonwealth-chartered lending
institution irrevocable letters of credit and restrictive or escrow
accounts in such lending institutions shall be deemed acceptable financial
security for the purposes of this section. Such financial security
shall be posted with a bonding company or federal- or commonwealth-chartered
lending institution chosen by the party posting the financial security,
provided that said bonding company or lending institution is authorized
to conduct such business within the commonwealth.
(2) Such bond or other security shall provide for and
secure to the public the completion of any improvements which may
be required on or before the date fixed in the formal action of approval
or accompanying agreement for completion of the improvements.
C. Amount of performance guaranty.
(1) The amount of financial security to be posted for
the completion of the required improvements shall be equal to 110%
of the cost of completion estimated as of 90 days following the date
scheduled for completion by the developer. Annually, the Borough Council
may adjust the amount of the financial security by comparing the actual
cost of the improvements which have been completed and the estimated
cost for the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion.
(2) Subsequent to said adjustment, the Borough Council
may require the developer to post additional security in order to
assure that the financial security equals said 110%. Any additional
security shall be posted by the developer in accordance with this
subsection.
(3) The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements
submitted by an applicant or developer and prepared by a professional
engineer licensed as such in this commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The Borough
Engineer shall review and approve the cost estimate or, for good cause,
refuse to accept the estimate, in which case he/she shall calculate
an accurate cost estimate of the required site improvements.
(4) If the party posting the financial security requires
more than one year from the date of posting of the financial security
to complete the required improvements, the amount of financial security
may be increased by an additional 10% of each year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above estimate review procedure.
(5) A developer who fails to complete the improvements
within the allotted time specified in the financial guaranty shall,
at least 30 days in advance of the guaranty expiration date, renew
or resubmit a financial guaranty. Failure to keep a financial guaranty
in effect until the completion and approval of all improvements shall
be a violation of this chapter.
D. Progressive installation. In the case where development
is projected over a period of years, the municipality may authorize
submission of final plats by sections or stages of development subject
to such requirements or guaranties as to improvements in future sections
or stages of development as it finds essential for the protection
of any finally approved section of the development.
E. Release from guaranty.
(1) As the work of installing the required improvements
proceeds, the party posting the financial security may request the
release, from time to time, of such portions of the financial security
necessary for payment to the contractor or contractors performing
the work. Any such requests shall be made in writing to the Borough
Council, and, within 45 days of receipt of such request, the Borough
Engineer shall certify, in writing, whether or not such portion of
the work upon the improvements has been completed in accordance with
the approved plat.
(2) When the improvements are certified to be in accordance
with the approved plat, the Borough Council shall authorize release
by the bonding company or lending institution of an amount as estimated
by the Municipal Engineer fairly representing the value of the improvements
completed.
(3) The Borough Council shall notify the developer, in
writing, by certified or registered mail, of the action of said Borough
Council with relation thereto.
(4) If the Borough Council fails to act within said forty-five-day
period, the release of funds shall be deemed to have been approved
as requested. The Borough Council may, prior to final release at the
time of completion and certification by its Engineer, require retention
of 10% of the estimated cost of the aforesaid improvement.
(5) If any portion of said improvements shall not be approved
or shall be rejected by the Borough Council, the developer shall proceed
to complete the same, and, upon completion, the same procedure of
notification as outlined herein shall be followed.
(6) The applicant shall assume the necessary expense incurred for the inspection of improvements. Such inspection costs shall be based upon the schedule established at §
305-50 and amended from time to time as deemed necessary.
(7) Nothing herein, however, shall be construed in limitation
of the developer's right to contest or question, by legal proceedings
or otherwise, any determination of the Borough Council or the Borough
Engineer.
(8) Where herein reference is made to the Municipal Engineer,
he/she shall be a duly registered professional engineer employed by
the municipality or engaged as a consultant thereto.
(9) If water mains or sanitary sewer lines, or both, along
with apparatus or facilities related thereto, are to be installed
under the jurisdiction and pursuant to the rules and regulations of
a public utility or municipal authority separate and distinct from
the municipality, financial security to assure proper completion and
maintenance thereof shall be posted in accordance with the regulations
of the controlling public utility or municipal authority and shall
not be included within the financial security as otherwise required
by this section.
(10)
If financial security has been provided in lieu
of the completion of improvements required as a condition for the
final approval of a plan as set forth in this section, the municipality
shall not condition the issuance of building, grading or other permits
relating to the erection or placement of improvements, including buildings,
upon the lots or land as depicted upon the final plan upon actual
completion of the improvements depicted upon the approved final plan.
Moreover, if said financial security has been provided, occupancy
permits for any building or buildings to be erected shall not be withheld
following Borough inspection and approval of the improvement of the
streets providing access to and from existing public roads to such
building or buildings to a mud-free or otherwise permanently passable
condition, as well as the completion of all other improvements as
depicted upon the approved plat, either upon the lot or lots or beyond
the lot or lots in question, if such improvements are necessary for
the reasonable use of or occupancy of the building or buildings.
F. Maintenance of streets prior to dedication. In submitting
the final plan to the municipality, the developer shall agree to maintain
and repair all streets and other public lands to be dedicated until
the same are officially accepted and dedicated by the municipality.
G. Maintenance guaranty. Where the Borough Council accepts
dedication of all or some of the required improvements following completion,
the Borough Council may require the posting of financial security
to secure structural integrity of said improvements as well as the
functioning of said improvements in accordance with the design and
specifications depicted on the final plat for a term not to exceed
18 months from the date of acceptance of dedication. Said financial
security shall be of the same type as otherwise required in this section
with regard to installation of such improvements. The amount of financial
security shall not exceed 15% of the actual cost of installation of
said improvements.
H. Remedies to effect completion of improvements.
(1) In the event that any required improvements have not
been installed as provided in this chapter or in accordance with the
approved final plat, the Borough Council is hereby granted the power
to enforce any corporate bond or other security by appropriate legal
and equitable remedies.
(2) If proceeds of such bond or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Borough Council
may, at its option, install part of such improvements in all or part
of the subdivision or land development and may institute appropriate
legal or equitable action to recover the moneys necessary to complete
the remainder of the improvements.
(3) All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other municipal purpose. Failure to properly install the required improvements shall also constitute a violation of this chapter, punishable as provided by §
305-51 of this chapter.
The developer agrees to indemnify and save harmless
the Borough against and from any and all loss, cost, damage, liability
and expense on account of damage to property of or injury to or death
of the parties thereto or a third person caused by, growing out of
or in any way whatsoever attributable to the construction of said
improvements and the use of the street delineated on the subdivision
plat during construction. The developer further agrees, but without
limiting its liability to indemnify the Borough, to carry liability
insurance contracts with a reliable insurance company covering the
period of said construction in the minimum sum of $1,000,000 for injury
to or death of person(s) and in the minimum sum of $300,000 for damage
to or destruction of property, which insurance contracts shall include
the Borough as a named insured.
[Amended 3-21-2011 by Ord. No. 2011-1]
Prior to the issuance of any zoning or building permits related to any approved subdivision or land development within the Borough of Old Forge, the issuing agent shall require proof of compliance with §
305-16E(6) herein from the applicant. Upon proof of compliance with §
305-16E(6), a building or zoning permit may be issued and building construction started after the approval of the final plat. Occupancy shall not be permitted prior to the completion of streets, stormwater management facilities, connection into a sewer system and other improvements necessary for the reasonable use of the building, unless written authorization is granted by the municipality where improvements have been guaranteed by valid bond or other security.