Borough of Sellersville, PA Public Improvements

Responsibility. The improvements contained in this article shall be constructed at the expense of the subdivider or developer as stipulated in the improvements agreement and in a manner approved by the Borough Council, consistent with sound construction and local practice.

Minimum requirements. The improvements included in this article are minimum requirements. However, the Borough reserves the right, in any case, to increase the same if conditions so warrant.

Standards not provided. Wherever standards for required improvements are not set forth herein or specified by the Borough hereunder, the applicable standard requirements of the Commonwealth of Pennsylvania shall govern. Where there are no specifications, improvements shall be constructed in accordance with specifications furnished by the Borough Engineer.

Hardship. If any mandatory provisions of this chapter are shown by the applicant to be unreasonable and cause undue hardship as they apply to his proposed subdivision, or development, a modification pursuant to § 135-48 may be granted.

(5)

Revisions.

(a)

When substitution of materials or elements of equivalent design and performance or when minor changes in design become necessary during construction due to field conditions, written acceptance by the Borough Manager with the advice of the Engineer, shall be secured by the developer before the execution of such changes.

(b)

But if, during construction, changes are proposed in the design of any approved drawings which alter the basic design criteria or concept, written acceptance by the Planning Commission, with the advice of the Borough Engineer, shall be secured by the developer before the execution of such changes.

(6)

Maintenance. The adequate and proper maintenance of all public improvements shall be the responsibility of the subdivider or developer, as provided in the improvements guaranty. (See § 135-41.)

§ 135-27 Monuments and markers.

Specifications. Monuments and markers must be constructed as follows:

	Type	Material	Minimum Size (inches)
	Monument	Concrete or stone	24 x 4 x 4 (top) 6 x 6 (bottom)
	Marker	Iron pipes	15 x 3/4 diameter

Placement and marking. Monuments and markers must be placed by a registered engineer or surveyor so that the scored, etched or marked point coincides exactly with the point of intersection of the lines being monumented. Markers must be set so that the top of the marker is level with the surface of the surrounding ground. Monuments must be set so that the top of the monument is at least level with but no more than six inches above the surface of the surrounding ground.

Location of monuments. Monuments must be set:

At the intersection of lines forming corners and angles in the original boundaries of the development.

At the intersection of street lines and points of curve tangency in street lines.

At such other intermediate points as may be required by the Borough.

Location of markers. Markers must be set:

At all angle points of property lines.

At the point of curve and point of tangent of property lines.

At the point of intersection of rear property lines.

At the point of intersection of property lines with street lines.

Time of settling. Monuments and markers shall be placed in the ground after final grading is completed at a time specified by the Borough Engineer.

Removal. Any monuments or markers that are removed must be replaced by a registered engineer or surveyor at the expense of the person removing them.

§ 135-28 Street improvements.

Improvements required. The construction of streets, roads, lanes and alleys as shown upon final plans and as contained in contract agreements shall in every respect conform to such requirements as the Borough Council may by resolution require for the construction of streets in the Borough. All streets shall be graded to:

The grade lines shown on the street profiles and cross-section plan submitted and approved with the final plan.

The full width of the right-of-way.

A slope of 1 1/2 horizontal to one vertical beyond the right-of-way line cut or fill is necessary.

Specifications. All streets shall be constructed in accordance with the Sellersville Borough specifications in effect at the time of construction. Before paving the street surface, the applicant may install required utilities, including sanitary sewers, and provide, where necessary, adequate subsurface drainage for the streets, as acceptable to the Borough.

Existing streets.

Along the existing street on which a subdivision or land development abuts (hereinafter called a "boundary street"), improvements shall be made to the street. The improvements to the boundary street shall be determined by the width of the required cartway and built to the specifications established by the Borough.

At the discretion of the Borough, an escrow account may be established to be used by the Borough for the improvement of the cartway to the required standards.

§ 135-29 Street signs.

The developer shall erect at every street intersection a permanent street sign or street signs having thereon the names of the intersecting streets. At intersections where streets cross, there shall be at least two such street signs, and at the intersections where one street ends or joins with another street, there shall be at least one such street sign. The signs shall be similar in design and size to the Borough standard and located where they are clearly visible in all directions to passing vehicular traffic.

Street signs are to be erected when the first dwelling on the street is occupied. Temporary street signs may be erected on the approval of the Borough, but shall be made permanent before final offer for the dedication of roads is made.

§ 135-30 Streetlights.

When required as part of any approved plan, the owner shall install or cause to be installed, at the owner's expense, metal pole streetlights serviced by underground conduit (or such other design as may be deemed adequate at the time of plan approval) in accordance with a plan to be prepared by the owner's engineer and approved by the Pennsylvania Power and Light Company and by the Borough. The equipment of metal poles may be waived in such instances as approved by the Planning Commission due to the existence of wooden poles already in place. Provision shall be made for energizing said lighting after 50% or more of the dwellings in a given subdivision or land development or section of a subdivision or land development have been occupied. The owner shall be responsible for all costs involved in lighting the streets until such time that the streets are accepted or condemned as public streets by the Borough.

§ 135-31 Sidewalks.

A system of sidewalks shall be provided within all housing developments and along both sides of all streets, excepting in the opinion of the Planning Commission they are unnecessary for public safety and convenience. Construction shall be in accordance with current Borough specifications.

§ 135-32 Curbs.

When required. Curbs shall be provided along both sides of all streets.

Boundary streets. Along the subdivision side of every street on which the subdivision abuts (hereinafter called "boundary streets"), curbs shall be constructed and existing paved cartway shall be widened to the curb in such cases as the boundary street is a Borough street. The location of curbing along a boundary street shall be determined by the width of the existing or proposed future right-of-way of the road as established by the Borough Council and in accordance with those specified in § 135-18 of Article IV.

Specifications. Curbs shall be designed and constructed in accordance with current Borough specifications.

§ 135-33 Street trees and landscape planting.

Street trees and other required planting shall be in accordance with § 135-22 of this chapter.

Street trees and other required plant material shall not be planted until the finished grading of the subdivision or land development has been completed.

Plans for proposed street tree planting or buffer zone plantings shall be reviewed and approved by the Planning Commission.

§ 135-34 Storm sewer system.

When required. An adequate storm sewer system consisting of catch basins and other underground drainage structures with approved outlets shall be constructed where the runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities and such system has been included upon the approved final plan.

DEP approval. When the storm sewerage system must be installed in with the regulations set forth by the Pennsylvania Department of Environmental Protection, written approval from said agency is required.

Borough Engineer's approval. Storm sewerage systems shall be checked for adequacy by the Borough Engineer. A plan shall be prepared which must have the signed approval of the Borough Engineer.

Specifications. Pipe, inlets and other parts of any storm sewerage system shall be in accordance with current Borough specifications.

§ 135-35 Sanitary sewers.

Public sanitary sewers. Wherever practical, sanitary sewers shall be installed and connected to the sanitary sewer system. Where a sanitary sewer is not yet accessible but is planned for extension to the subdivision, the subdivider shall install sewer lines, including lateral connections, as may be necessary to provide adequate service to each lot when connection with the municipal sanitary sewer system is made. The sewer lines shall be suitably capped at the limits of the subdivision, and the laterals shall be capped at the right-of-way line. The sewer installation shall include the construction within rights-of-way or easements to bring the sewer to the future connection with the Borough sanitary sewer system.

A sewer shall be considered to be planned for extension to a given area any time after preliminary engineering and related studies have been completed and the construction of facilities adequate to serve the area containing the subdivision has been programmed for completion within a reasonable time.

When capped sewers are provided, on-site disposal facilities shall also be provided.

Specifications. All public sanitary sewers shall be designed and constructed in accordance with the Sewerage Manual issued by the Pennsylvania Department of Environmental Protection.

Review required. No public sanitary sewer system or portion thereof shall be constructed until plans and specifications have been submitted to the State Department of Environmental Protection and the Borough and approved in accordance with existing laws.

Private sewage disposal systems. If public sewer facilities are deemed to be not practical, the owner shall provide for sewage disposal on an individual lot basis according to the rules, regulations, terms, definitions and conditions of the Bucks County Department of Health for on-lot systems. The owner shall submit to the Borough a feasibility report for consideration prior to approval of any on-lot system or of the final plan.

§ 135-36 Water supply.

Public water supply. Where public water supply is available, the proposed development shall be provided with a complete water distribution system adequate to serve the area being planned, including a connection for each lot. The entire system shall be designed with adequate capacity and appropriately spaced fire hydrants for firefighting purposes.

Private water supply. In cases where no public water supply is available to the subdivision or development, the Borough may require the applicant to submit a feasibility report as to the quality and adequacy of the water supply proposed to be utilized. Said report shall be prepared by a registered professional engineer and be submitted in conjunction with the preliminary plan for review.

Review required. A plan of the proposed water supply system shall be submitted to and approved by the Borough Engineer and the Sellersville Department of Public Utilities.

§ 135-37 Electric, telephone and communication facilities.

Underground utilities required. All electric, telephone and communication service facilities, both main and service lines, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility and other companies providing such services, except where it is demonstrated to the satisfaction of the Borough Planning Commission that the underground installation required herein is not feasible because of the physical condition of the lands involved.

Location. Where practicable, all utilities shall be located within the street right-of-way; otherwise, easements or rights-of-way of sufficient width for installation and maintenance shall be provided. Final plans shall show locations of all utilities and shall be coordinated with required street tree planting.

§ 135-38 Recreation areas and public facilities.

[Amended 9-10-2018 by Ord. No. 721]

Additional community facilities may be required to serve the dwellings proposed by a subdivision. Where a proposed park, playground or other facility shown in the Comprehensive Plan or community facilities plan or other plans or parks thereof is located in whole or in part in a subdivision, the dedication or reservation of such area within the subdivision may be required by the Borough in those cases in which it deems such requirements to be reasonable.

Developments that contain age-restricted multiple dwelling(s) shall include outdoor green space, facilities and amenities which are centrally located and designed to make the area usable and safe for passive and active recreation, sitting and socialization. These may include, but are not limited to, benches, chairs and tables, lighting fixtures, courtyards, walking trails, game courts and landscaping.

§ 135-39 Installation of improvements.

Before approving any subdivision plan for recording, the Borough Council shall either require that the necessary grading, paving and other street improvements, as herein specified, shall have been installed in strict accordance with the standards and specifications of the Borough or that the Borough be assured by means of a proper contract and completion guaranty, as set forth in §§ 135-40 and 135-41 hereof, that the improvements will subsequently be installed by the owner. Where the subdivision plan has been approved and recorded, either after the specified improvements have been completed and approved by the Borough Council or, if prior to completion, upon proper completion guaranty as aforesaid, purchasers and mortgagees of lots in the subdivision, with or without buildings thereon or on any of them, shall be relieved of any and all liability for any deficiency in lack of or failure to complete the improvements above mentioned as set forth in said plan or required as a condition precedent to the approval of the plan of subdivision, and any failure to complete or properly complete said improvements shall not encumber any or all of the lots in the subdivision.

§ 135-40 Improvements contract.

In all cases where public improvements are required and have been included upon an approved final plan, the owner shall enter into a written agreement with the Borough in the manner and form approved by the Borough Solicitor, wherein the owner shall agree, to the extent applicable:

To construct or cause to be constructed at his own expense all streets, curbs, sidewalks, streetlights, fire hydrants, water mains, sanitary sewers (including capped sewers), storm sewers and other improvements shown on said subdivision plan, all in strict accordance with the standards and specifications of the Borough and within the time specified in said agreement.

To make adequate provision with the Borough Engineer for the inspection of the construction of the aforesaid improvements to assure strict compliance with the Borough standards and specifications.

To maintain at his own cost the said streets, curbs, sidewalks, streetlights, fire hydrants, water mains, sanitary sewers (including capped sewers), storm sewers and other improvements for the period of one year after completion of all required improvements. The date of completion shall be established by certificate of the Borough Engineer.

To pay all costs, charges or rates of the utility furnishing electric service for the streetlighting facilities installed by the owner until such time as the streets shown on the subdivision plan shall have been accepted or condemned by the Borough for public use and to indemnify and save harmless the Borough from and against all suits, actions, claims and demands for electric service as aforesaid, or any part thereof, to the time that said streets shall be accepted or condemned as public streets in the manner hereinabove set forth.

To reimburse the Borough promptly for reasonable attorney's, engineer's and inspection fees.

§ 135-41 Improvement bond.

Requirement. Following the execution of an improvements contract as outlined in § 135-40, the owner shall either construct all required improvements in accordance with the approved final plan or post a bond, with corporate surety approved by the Borough Council, in an amount to be determined by the Borough Engineer and in a form approved by the Borough Engineer (or in lieu of a bond, cash or negotiable securities in escrow deposited in a bank approved by the Borough Council pursuant to an escrow agreement in a form approved by the Borough Solicitor), conditioned upon the following:

The owner's proper completion of the improvements as set forth in § 135-39 of this article.

The owner's maintenance and repair of the same for the period of one year following completion of all required improvements.

The payment of all costs for electric service as provided in § 135-40D hereof.

The reimbursement of the Borough for all fees specified in § 135-40E hereof.

Release from improvement bond.

When the applicant has completed all of the necessary and appropriate improvements, the applicant shall notify the Borough Manager, 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 Manager 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 applicant 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 Manager. 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 applicant, in writing, by certified or registered mail, of their action with relation thereto. If any portion of the said improvements shall not be approved or shall be rejected by the Borough Council, the applicant shall proceed to complete the same, and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

Remedies to effect completion of improvements. In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approved final plan, the Borough Council may enforce any corporate bond or other security by appropriate legal and equitable remedies. 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. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the applicant, or both, shall be used solely for the installation of the improvements covered by such security and not for any other Borough purpose.

§ 135-42 Dedications and reservations.

Offers of dedication. The offer to dedicate streets, parks, or other areas or portions of them does not impose any duty upon the Borough concerning maintenance or improvement until the proper authorities of the Borough have made actual appropriation by ordinance or resolution or by entry or improvement. If land is dedicated for a public site and its use for this purpose is not imminent, the applicant may be permitted to dedicate the land with the privilege of using the surface rights until the Borough is ready to use the land. Such dedication, with the temporary privilege of use, must be noted on the final plan.

Land reservation. On sites reserved for eventual public acquisition, no building development is permitted during the period of reservation, said period of time not to extend more than 18 months without consent of the applicant. Such land reservations shall be noted on the final plan.

Effect of plan recording on dedication and reservations. Recording the final plan after approval of the Borough Council has the effect of an irrevocable offer to:

Dedicate all streets and other public ways to public use.

Dedicate all neighborhood parks and other public areas to public use.

Reserve for possible future public acquisition such additional areas as may be required by the Borough.

§ 135-43 Open space.

Definition. Open space is space which is unoccupied by buildings, unobstructed to the sky, not devoted to driveways, off-street parking, loading or rights-of-way, public or private, and which is devoted to landscaping, recreation, gardens or other like uses. Recreation facilities or structures and their accessory uses located in common recreation areas shall be considered open space as long as total impervious surfaces (paving, roofs, etc.) constitute no more than 5% of the total open space. Required yard area shall in no way be considered as open space within this definition.

Dedication of open space. The Borough may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Borough need not require, as a condition of the approval of a planned residential development, that land proposed to be set aside for common open space be dedicated or made available for public use.

Maintenance of open space. The landowner shall be required to provide for and establish an organization and/or acceptable, perpetual plan for the ownership and maintenance of the common open space, and such organization or plan shall not be dissolved nor discontinued nor shall said organization dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space perpetually), without first offering to dedicate the same to the public.

In the event that the organization established to own and maintain common open space, or any successor organization shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accord with the development plan, the Borough may serve written notice upon such organization or upon the residents of the Planned Residential Development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice.

At such hearing, the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the Borough shall not constitute a taking of said common open space nor vest in the public any rights to use the same.

Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned residential development, to be held by the Borough Council or its designated agency, at which hearing such organization or the residents of the planned residential development shall show cause why such maintenance by the Borough shall not, at the option of the Borough, continue for a succeeding year. If the Borough Council or its designated agency shall determine that such organization is ready and able to maintain said common open space in a reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the Borough Council or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, at its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough Council or its designated agency shall be subject to appeal to court in the same manner and within the same time limitation as is provided for zoning appeals by this chapter.