Article VI Improvement Specifications and Guarantees

Streets shall be graded to the full width of the right-of-way, surfaced and improved to the grades and dimensions shown on the plans, profiles and cross-sections submitted by the developer and approved by the Borough Planning Commission.

All streets intended to be dedicated to public use shall be paved to full cartway width according to the standards set forth in § 215-23B. Wearing surface and pavement base shall be 2 1/2 inches of ID-2 surface course placed over a stone base course, both in accordance with the latest specifications of the Pennsylvania Department of Transportation. The thickness of the stone base course shall be 10 inches for arterial streets, eight inches for collector streets and six inches for local streets. Bituminous aggregate is an acceptable equivalent to the stone base course as noted in the latest Pennsylvania Department of Transportation manual.

Curbs shall be installed in accordance with the standards set forth in § 215-23B. All curbs shall be the vertical type; constructed of portland cement concrete, six inches at the top, eight inches at the bottom and 21 inches in height. Where subdivision abuts a state highway, the developer shall conform to the curb requirements of the Pennsylvania Department of Transportation where appropriate or more stringent.

Sidewalks shall be located within the street right-of-way and shall be five feet wide. Sidewalks shall be constructed of portland cement concrete, four inches in thickness, a minimum of 2,500 psi, placed on a four-inch cinder or crushed stone base.

Where unusual or unique conditions prevail with respect to prospective traffic and/or safety of pedestrians, different standards of improvements than those set forth in the previous subsections may be required. Crosswalks may be required when deemed necessary by the Borough Planning Commission.

(6)

Prior to laying of street surface, adequate subsurface drainage for streets and underground utilities shall be provided and installed by the developer.

(7)

In all respects in which standards for required improvements are not set forth herein, the applicable standard requirements of the Pennsylvania Department of Transportation shall govern, and all work shall be performed in the manner prescribed in the standard specifications for road construction of the Department.

Sanitary sewers.

Sanitary sewers shall be installed in accordance with the design standards and requirements set forth in § 215-24 of this chapter.

Whenever a developer proposes to sell unimproved lots within a subdivision and when individual on-lot sewage disposal systems are proposed for use within the subdivision, the developer shall require (by deed restriction or otherwise) as a condition of the sale of each lot within the subdivision, that such facilities shall be installed by the purchaser of each lot at the time that a principal building is constructed and in accordance with § 215-24 of this chapter.

Water supply and distribution systems.

Water supply and distribution systems shall be installed in accordance with the design standards and requirements set forth in § 215-25 of this chapter.

Whenever a developer proposes to sell unimproved lots within a subdivision and when individual on-lot water supply systems are proposed for use within the subdivision, the developer shall require (by deed restriction or otherwise) as a condition of the sale of each lot within the subdivision, that such facilities shall be installed by the purchaser of each lot at the time that a principal building is constructed and in accordance with § 215-25 of this chapter.

Where a public water supply system or a private centralized water supply system is to serve the subdivision, water distribution mains within the subdivision shall be a minimum of eight inches in diameter.

Where a public water supply system or a private centralized water supply system designed for more than 25 dwelling units is to serve the subdivision, fire hydrants shall be provided as an integral part of the water supply system.

Storm drainage systems.

Storm drainage systems shall be installed in accordance with the design standards and requirements set forth in § 215-26 of this chapter.

Inlets shall be placed at points of abrupt changes in the horizontal or vertical directions of storm sewers, at points where the flow in gutters exceeds three inches, and at a maximum distance of 600 feet apart. In streets, inlets shall normally be located along the curbline and at or beyond the curb radius points. For the purpose of inlet location at corners, the depth of flow shall be considered for each gutter. At intersections, the depth of flow across through streets shall not exceed one inch. The Manning Equation shall be used to calculate the capacities of gutters. Pennsylvania Department of Transportation two-foot-by-four-foot and two-foot-by-six-foot inlets or equivalents should be used and can be considered to have capacities of 10 cfs and 15 cfs, respectively. Inlets shall be depressed two inches below the grade of the gutter or ground surface. Manholes may be substituted for inlets at locations where inlets are not required to handle surface runoff.

Storm sewers shall have a minimum diameter of 15 inches and shall be made of reinforced concrete or corrugated metal. The Manning Equation shall be employed in computing pipe capacities. Sewers shall be installed on sufficient slopes to provide a minimum velocity of three feet per second when flowing full.

Headwalls shall be used where storm runoff enters the storm sewer horizontally from a natural or man-made channel. The capacity of such sewers shall be calculated for both steady flow and culvert design. The lower value of the two shall be used to determine the capacity of the storm sewer.

Open channels shall be designed to handle, without overflowing, the calculated runoff from a storm of ten-year frequency. The capacities of any modifications to natural channels shall be computed from the Manning Equation.

Monuments and markers.

Permanent stone or concrete monuments shall be accurately placed, as specified by § 215-19C(2), at the intersection of all lines forming angles and at changes in directions of lines in the boundary (perimeter) of the property subdivided.

Monuments shall be of reinforced concrete with minimum dimensions of four inches by four inches by 30 inches or stone with minimum dimensions of six inches by six inches by 30 inches. Concrete monuments shall be scored on top of the copper or brass dowel (with an indented cross); stone monuments shall be marked on top with a proper inscription.

All monuments shall be placed by a registered professional engineer or surveyor so that the scored point shall coincide exactly with the point of intersection of the line being monumented.

Monuments shall be set with their top level flush with the finished grade of the surrounding ground, except:

(a)

Monuments which are placed within the lines of existing or proposed sidewalks shall be so located (preferably beneath the sidewalks) that their tops will not be affected by lateral movement of the sidewalks.

(b)

Where monuments are located beneath a sidewalk, proper access shall be provided for their use.

(c)

Where sidewalks are existing, a stone point (a four-inch square chisel cut in the sidewalk with a drill hole in the center) may be substituted for a monument.

All streets shall be monumented (preferably on the right-of-way lines) at the following locations:

(a)

At least one monument at each intersection.

(b)

At changes in direction of street lines, excluding curb arcs at intersections.

(c)

At each end of each curved street line, excluding curb arcs at intersections.

(d)

At intermediate points, wherever topographical or other conditions make it impossible to sight between two otherwise required monuments.

(e)

At such other place along the line of streets as may be determined by the Borough Engineer to be necessary so that any street may be readily defined in the future.

(6)

Markers shall be set at locations shown on the final plan:

(a)

At all points where lot lines intersect curves, either front or rear.

(b)

At all angles in property lines of lots.

(c)

At all other lot corners.

(7)

Markers shall consist of iron pipes or steel bars at least 30 inches long, and not less than 3/4 inch in diameter.

Fire hydrants. Fire hydrants shall be installed within 400 feet of all structures, measured by way of accessible streets (as specified by the Middle Department Association of Fire Underwriters).

Streetlights.

The installation of streetlighting within subdivisions and land developments may be required by the Borough Planning Commission in accordance with conditions to be agreed upon by the developer, the Borough and the appropriate public utility.

The streetlighting system, where required, must comply with the specifications of the appropriate public utility. Such a system shall be approved by the Borough so that upon dedication of the improvements, the Borough can enter into a streetlighting contract with the appropriate public utility.

A streetlighting system, where required, must be installed by the developer within a reasonable time prior to the installation of streets, driveways, sidewalks and curbs.

Where the Borough Planning Commission determines that streetlighting is not necessary initially, but may be required in the future, the developer shall provide a streetlighting duct system under streets, sidewalks and curbs. The duct system shall be installed in compliance with the specifications of the appropriate public utility.

§ 215-32 Completion of improvements or guarantee thereof prerequisite to final plat approval.

Types of streetlighting poles used by the developer shall conform to the specifications of the appropriate public utility.

[Amended 7-15-1993 by Ord. No. 1048]

No plat shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be otherwise required by this chapter and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by this chapter have been installed in accordance with this chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees otherwise required by this chapter, the developer may deposit with the Borough financial security in an amount sufficient to cover the costs of such improvements or common amenities including basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required.

When requested by the developer, in order to facilitate financing, the Borough Council, shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by the Borough Council; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

Without limitation as to other types of financial security which the Borough 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 said bonding company or lending institution is authorized to conduct such business within the commonwealth.

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.

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 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. Subsequent to said adjustment, the Borough 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.

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the 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, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Borough and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer.

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% for each one-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 bidding procedure.

In the case where development is projected over a period of years, the Borough Council may authorize 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 it finds essential for the protection of any finally approved section of the development.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough Council to release or authorize 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 in writing addressed to the Borough Council, and the Borough Council shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify, in writing, to the Borough Council that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the Borough Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the improvements completed or, if the Borough Council fails to act within said forty-five-day period, the Borough Council shall be deemed to have approved the release of funds 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 improvements.

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 as 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, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.

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 Borough, 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.

If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the Borough 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 plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following 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.

§ 215-33 Release from improvement bond.

[Amended 7-15-1993 by Ord. No. 1048]

When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report in writing, with the Borough Council, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer of the aforesaid authorization from the Borough Council; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.

The Borough Council shall notify the developer, within 15 days of receipt of the engineer's report, in writing by certified or registered mail of the action of said Borough Council with relation thereto.

If the Borough Council or the Borough Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.

If any portion of the 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.

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.

Where herein reference is made to the Borough Engineer, he shall be as a consultant thereto.

The applicant or developer shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection of improvements according to a schedule of fees adopted by resolution of the Borough Council and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants.

In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Borough that such expenses are disputed as unreasonable or unnecessary, in which case the Borough shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.

If, within 20 days from the date of billing, the Borough and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and the Borough shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.

The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.

In the event that the Borough and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Borough is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Borough Engineer nor any professional engineer who has been retained by, or performed services for, the Borough or the applicant within the preceding five years.