[Ord. 428, 12/11/1991, § 501]
1.
Monuments and markers must be placed so that the scored or marked
point coincides exactly with the point of intersection of the lines
being monumented. They must be set so that the top of the monument
or marker is level with the finished grade of the surrounding ground.
Monuments must be marked on top with a copper or brass plate or dowel
set in the concrete.
A.
C.
Removal. Any monuments or markers that are removed must be replaced
by a registered engineer or surveyor at the expense of the person
moving them.
[Ord. 428, 12/11/1991, § 502]
Streets must be surfaced to the grades and dimensions drawn
on the plans, profiles, and cross-sections submitted by the subdivider
and approved by the Borough. Before paving the street surface, the
subdivider must install the required utilities and provide, where
necessary, adequate stormwater drainage for the streets, as acceptable
to the Borough. All streets shall be lined or striped to include appropriate
center line striping, berm striping, cross-walk striping and stop
line designation striping. Such striping shall conform to existing
Pennsylvania Department of Transportation and Borough specifications
then in effect. All streets shall conform to the following specifications
except where modified on a case by case basis because of the intensity,
nature, size and location of the development.
[Ord. 428, 12/11/1991, § 503]
1.
Depending upon location, traffic pattern(s), projected traffic volume(s),
pedestrian usage and other relevant factors, the Planning Commission
or Council may require the placement of mechanical or automatic traffic
control devices at proposed intersections within the subdivision and/or
at intersections of proposed subdivision streets and other Borough
streets or, with the approval of the Pennsylvania Department of Transportation,
at intersections of proposed subdivision streets and state controlled
streets.
A.
Urban or Suburban Developments.
(1)
Minor Streets and Collector Streets. On a properly prepared
and crowned subgrade, there shall be constructed a full depth bituminous
concrete roadway, conforming to all existing Pennsylvania Department
of Transportation specifications then in effect. Over the prepared
subgrade, place and compact a two-inch layer of No. 2A modified stone
aggregate, a four-inch layer of plant mix, bituminous concrete base
course material, PennDOT 408/83, § 305; place a 1 1/2
inch layer of plant mix bituminous concrete, ID-2 wearing course material.
All bituminous material will be spread by using a self-powered paving
machine and all compaction will be accomplished by using a three steel
wheeled or pneumatic wheeled roller having a minimum capacity of 10
tons.
(2)
Arterial Streets. For the construction of arterial roads or
highways, the subdivider shall consult with and be governed by the
Pennsylvania Department of Transportation for the method of construction
to be used. The Council shall decide if a collector or arterial street
is required as a direct result of the construction of the subdivision
or land development in which case the subdivider or developer is responsible
for paving the additional width required.
(3)
Private Streets. All private streets shall be constructed in accordance with this section, or bonded in accordance with § 22-518 of this chapter prior to approval of the final plan.
(4)
Street Lights. Depending on location, traffic pattern, pedestrian
usage and other relevant factors, the Council may require placement
of street lights at each corner of every intersection.
(5)
Street Signs. Street name signs shall be placed at one corner
of every intersection. The design must be according to Borough specifications.
(6)
Street Trees. The Planning Commission or Council may require
planting of shade trees to conform to the following specifications:
(a)
The trees shall be located between the sidewalk and building
setback line and at least five feet from the sidewalk. Trees shall
be planted between the sidewalk and curb only if the curb and the
sidewalk are at least 10 feet apart.
(b)
Each tree shall be at least eight feet in height and have a
diameter of at least 1 1/2 inches.
[Ord. 428, 12/11/1991, § 504]
1.
In any proposed subdivision or land development with an average lot
size or area per dwelling unit of 15,000 square feet, or less, or
where any subdivision is immediately adjacent to or within 1,000 feet
of any existing or recorded subdivision having curbs, curbs shall
be installed on each side of the street, unless the developer can
establish specific facts which obviate the need for curbs in the particular
development or subdivision.
2.
Curbs shall be required along any existing or proposed street regardless
of lot size where curbs are necessary to control the flow of surface
water and regulate traffic, and/or where lot widths are 80 feet or
less. In no case will curbs be excused where a hazard or safety factor
shall be created by the elimination of the curbing requirement.
3.
Curbs shall be provided in all streets and parking compounds located
within multi-family development projects.
4.
In areas where curbing is not required, berm and suitable gutters
shall be installed to avoid erosion.
5.
All curbs shall be constructed of Portland cement concrete. The construction
of vertical curbs shall conform to the requirements of § 715,
"Plain Cement Concrete Curb, Type A," of the Pennsylvania Department
of Transportation or as amended. Slanted or rolled curb and gutter
type curbs may be constructed. See Appendix 22-I for sample of each
permissible curb allowed under the provisions hereof.[1]
[1]
Editor's Note: Appendix 22-I is included as an attachment to this chapter.
[Ord. 428, 12/11/1991, § 505]
1.
In any proposed subdivision or land development with an average lot
size or area per dwelling unit of 15,000 square feet or less, or where
a subdivision is immediately adjacent to or within 1,000 feet of any
existing or recorded subdivision having sidewalks, sidewalks shall
be on each side of the street in accordance with Borough specifications,
unless the developer can establish specific facts which obviate the
need for sidewalks in the particular development or subdivision.
2.
The Planning Commission or Council may require installation of sidewalks
in any subdivision or development where the evidence indicates that
sidewalks are necessary for the public safety.
A.
Sidewalks shall be within the right-of-way of the street and shall
extend in width from the right-of-way line toward the curb line.
B.
Sidewalks must be at least four feet wide. In the vicinity of shopping
centers, schools, recreation areas and other such facilities, sidewalks
must be at least five feet wide and located within the street right-of-way.
C.
Sidewalks shall be constructed according to Pennsylvania Department
of Transportation standards.
[Ord. 428, 12/11/1991, § 506; as amended by A.O.]
1.
Private and On-Site Sewer Systems.
A.
All properties shall be connected to a public sanitary sewer system,
if possible.
B.
Where a public sanitary sewer system is not accessible but is proposed
for extension within five years to the development or exists to within
400 feet of the development, the developer shall install sewer lines,
including lateral connections, to provide adequate service to each
lot when connection with the public system is made. The sewer lines
shall be capped at the street right-of-way line. When capped sewers
are provided, on-site disposal facilities shall also be provided.
A public sanitary sewer shall be deemed to have been proposed if the
Council, a sewage authority, the Pennsylvania Department of Environmental
Protection or other similar body working in conjunction with the Borough
has considered providing such service to the location in light of
the sewer needs of the area. No binding agreements or actual funding
applications shall be deemed to have been proposed if the Council
has not considered providing service to the area prior to the developer's
application.
C.
If no public system is either proposed within five years or exists
within 400 feet of the development, the Council may require that a
study be prepared to determine the feasibility of construction a separate
private system or treatment facility, or connecting to an existing
private system over 400 feet away.
|
Upon completion of any sanitary sewer system installation, the
plan for the system as built shall be filed with the Borough and the
appropriate sewage authority.
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Where none of the above alternatives are possible or feasible,
an individual approved sewage disposal system shall be provided for
each lot at the time improvements are erected or installed thereon.
All such individual sewage disposal systems shall be constructed in
accordance with the Pennsylvania Department of Environmental Protection
regulations.
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2.
Private and On-Site Water Systems.
A.
All subdivisions or land developments shall provide a reliable, safe
and adequate water supply to support the intended uses of the development
within the capacity of available resources. Where a water main supply
system is within 1,000 feet of, or where plans exist for the installation
of public water facilities, the developer shall provide the development
with a complete water supply system to be connected to the existing
or proposed water main supply system in accordance with the applicable
specifications of the Municipal Authority of Westmoreland County.
B.
If connection to a public water supply system is not possible, a
report on the feasibility of constructing a private water supply system
may be required by the Council and a report shall be submitted setting
forth the findings.
C.
The plans for installation of a private water supply system shall
be prepared by the land developer, and approved by the Pennsylvania
Department of Environmental Protection. Upon completion of any water
supply system, the plan for the system as built shall be filed with
the Borough and Municipal Authority.
(1)
Where none of the above alternatives are possible or feasible,
an individual water supply system shall be installed.
(2)
The water supply yield shall be adequate for the type of development
proposed as certified by a registered engineer.
(3)
The installation of such systems shall not endanger or decrease
groundwater supplies of adjacent properties.
(4)
Any such individual system shall meet any applicable Pennsylvania
Department of Environmental Protection regulations.
[Ord. 428, 12/11/1991, § 507]
1.
Fire hydrants shall be provided as an integral part of any public
water supply system.
A.
Fire hydrants shall be installed if their water supply source is
capable to serve them in accordance with the requirements of the Municipal
Authority of Westmoreland County.
B.
Fire hydrants shall be placed at intervals of not more than 600 feet
or as specified by the Middle Association of Fire Underwriters.
[Ord. 428, 12/11/1991, § 508; as amended by A.O.]
1.
General.
A.
Any subdivision or land development which may affect stormwater runoff
characteristics shall implement such measures as are reasonably necessary
to prevent injury to health, safety or other property. Such measures
shall include such actions as are required:
B.
The stormwater management plan for the development site must consider
all the stormwater runoff flowing over the site.
C.
No discharge of toxic materials shall be permitted into any stormwater
management system.
D.
Storm sewers shall not be connected to sanitary sewers.
E.
Stormwater drainage facilities which receive water from drainage
areas in excess of 1/2 square mile (320 acres) shall be subject to
the approval of the Pennsylvania Department of Environmental Protection,
Division of Dams and Encroachments. Stormwater drainage plans which
involve a state road shall be subject to the approval of the Pennsylvania
Department of Transportation. Approval of a plan by the Council shall
not be construed as an indication that the plan complies with the
standards of any agency of the Commonwealth of Pennsylvania or the
United States of America.
F.
All such plans and drainage systems shall be designed and installed
in accordance with the requirements of the Storm Water Management
Act, 32 P.S. § 680.1 et seq. The stormwater performance
standards contained in this section are intended to implement the
standards and criteria contained in the Turtle Creek Stormwater Management
Plan, adopted and approved in accordance with the Pennsylvania Storm
Water Management Act. If there is any discrepancy between the provisions
of this section and the standards and criteria of the plan, or if
the watershed plan is subsequently amended, then the standards/criteria
of the current watershed plan shall govern.
2.
Storm Frequencies. Stormwater management facilities on all development
sites shall control the peak stormwater discharge for the two-, ten-,
twenty-five- and one-hundred-year storm frequencies. The SCS twenty-four-hour,
Type II Rainfall Distribution shall be used for analyzing stormwater
runoff for both pre- and post-development conditions. The twenty-four-hour
total rainfall for these storm frequencies in the watershed are:
|
Storm Frequency
|
Rainfall Depth
(Inches)
| |
|---|---|---|
|
2-year
|
2.50
| |
|
10-year
|
3.61
| |
|
25-year
|
4.31
| |
|
100-year
|
5.71
|
|
(For additional information or data on other storm return periods,
consult the "Rainfall Duration Frequency Tables for Pennsylvania,"
produced by PennDER, Office of Resource Management, Bureau of Dams
and Waterways Management, Division of Stormwater Management, Harrisburg,
February 1983).
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3.
Calculation Methods.
A.
Development Sites. For the purpose of computing peak flow rates and
runoff hydrographs from development sites, calculations shall be performed
using one of the following: SCS publications, Technical Release (TR)
55 or 20, HECI, or Penn State Runoff Model.
B.
Stormwater Collection/Conveyance Facilities. For the purposes of
designing storm sewers, open swales and other stormwater runoff collection
and conveyance facilities, any of the above listed calculation methods
or the Rational Method may be used. Rainfall intensities for design
should be obtained from the Pennsylvania Department of Transportation
rainfall charts.
C.
Predevelopment Conditions. Predevelopment conditions shall be assumed
to be those which exist on any site at the time of the adoption of
these regulations. Hydrologic conditions for all areas with pervious
(i.e., fields, woods, lawn areas, pastures, cropland, etc.) shall
be assumed to be in "good" condition, and the lowest recommended SCS
runoff curve number (CN) shall be applied for all pervious land uses
within the respective range for each land use and hydrologic soil
group.
4.
Release Rate Percentage.
A.
Definition. The release rate percentage defines the percentage of
the predevelopment peak rate of runoff that can be discharged from
an outfall on the site after development. It applies uniformly to
all land development or alterations within a subarea. A listing of
the release rate percentage by subarea appears in Appendix A of the
Turtle Creek Watershed Stormwater Management Plan; the subareas are
delineated on the Borough stormwater management district map contained
in said plan.
B.
Procedure for Use.
(1)
Identify the specific subarea in which the development site
is located from the watershed map and obtain the subarea release rate
percentage from Appendix A.
(2)
Compute the pre- and post-development runoff hydrographs for
each stormwater outfall on the development site using an acceptable
calculation method for the two-, ten-, twenty-five- and one-hundred-year
storms. Apply no on-site detention for stormwater management but include
any techniques to minimize impervious surfaces and/or increase the
time of concentration for stormwater runoff flowing from the development
site. If the post-development peak runoff rate and the runoff volume
are less than or equal to the predevelopment peak runoff rate and
volume, then additional stormwater control shall not be required at
that outfall. If the post-development peak runoff rate and volume
are greater than the predevelopment peak runoff rate and volume, then
stormwater detention will be required and the capacity of the detention
facility must be calculated in the manner prescribed below.
(3)
Multiply the subarea release rate percentage by the predevelopment
rate of runoff from the development site to determine the maximum
allowable release rate from any detention facility for the four prescribed
storm events.
(4)
Design the outlet control facilities and size the volume of
the detention facility using the calculated post development hydrograph
and accepted hydrograph routing procedures in consideration of the
maximum allowable release rate.
5.
Design.
A.
Storm drainage facilities must be designed not only to handle the
anticipated peak discharge from the property being developed, but
also the anticipated increase in runoff that may occur when all the
property at a higher elevation in the same drainage basin is fully
developed.
B.
The developer shall also study the effect of the development on the
existing downstream drainage facilities outside the area of the development
and report the results of that study to Council. Where the additional
runoff incident to the development of the subdivision will overload
an existing downstream drainage facility the Council shall not approve
the subdivision or land development until provision is made for the
improvement of said condition.
C.
Applicants may select runoff control techniques, or a combination
of techniques, which are most suitable to control stormwater runoff
from the development site. All controls must be subject to approval
of the Borough Council. The Borough Council may request specific information
on design and/or operating features of the proposed stormwater controls
in order to determine their suitability and adequacy in terms of the
standards of this chapter.
D.
The applicant should consider the effect of the proposed stormwater
management techniques on any special soil conditions or geological
hazards which may exist on the development site. In the event such
conditions are identified on the site, the Borough Council may require
in depth studies by a competent geotechnical engineer. Not all stormwater
control methods may be advisable or allowable at a particular development
site.
E.
The stormwater management practices to be used in developing a stormwater
management plan for a particular site shall be selected according
to the following order of preference:
F.
Infiltration practices shall be used to the extent practicable to
reduce volume increases and promote groundwater recharge. A combination
of successive practices may be used to achieve the applicable minimum
control requirements. Justification shall be provided by the applicant
for rejecting each of the preferred practices based on actual site
conditions.
6.
Criteria for Infiltration Systems.
A.
Infiltration systems shall be sized and designed based upon local
soil and ground water conditions.
B.
Infiltration systems shall be greater than three feet deep and shall
be located at least 10 feet from basement walls.
C.
Infiltration systems shall not be used to handle runoff from commercial
or industrial working or parking areas.
D.
Infiltration systems may not receive runoff until the entire drainage
area to the system has received final stabilization.
E.
The stormwater infiltration facility design shall provide an overflow
system with measures to provide a non-erosive velocity of flow along
its length and at the outfall.
7.
Criteria for Stormwater Detention Facilities.
A.
If detention facilities are utilized for the development site, the
facility(ies) shall be designed such that post-development peak runoff
rates from the developed site are controlled to those rates defined
by the subarea release rate percentage for the two-, ten-, twenty-five,
and one-hundred-year storm frequencies.
B.
All detention facilities shall be equipped with outlet structures
to provide discharge control for the four designated storm frequencies.
Provisions shall also be made to safely pass, at minimum, the post-development
one-hundred-year storm runoff without breaching or otherwise damaging
or impairing the continued function of the facilities.
C.
Shared-storage facilities, which provide detention of runoff for
more than one development site within a single subarea may be considered
and are encouraged. Such facilities shall meet the criteria contained
in this section. In addition, runoff from the development sites involved
shall be conveyed to the facility in a manner that avoids adverse
impacts (such as flooding or erosion) to channels and properties located
between the development site and the shared-storage facilities.
D.
Where detention facilities will be utilized, multiple use facilities,
such as wetlands, lakes, ballfields or similar recreational/open space
uses are encouraged wherever feasible, subject to the approval of
the Borough Council.
E.
Other considerations which shall be incorporated into the design
of the detention facilities include:
(1)
Inflow and outflow structures shall be designed and installed
to prevent erosion and bottoms of impoundment type structures should
be protected from soil erosion. Exterior slopes shall be seeded with
rye grass and crown vetch. Bottoms of impoundments and internal slopes
shall be seeded with permanent grass.
(2)
Control and removal of debris both in the storage structure
and in all inlet or outlet devices shall be a design consideration.
(3)
Inflow and outflow structures, pumping stations, and other structures
shall be designed and protected to minimize safety hazards.
(4)
The water depth at the perimeter of a storage pond shall be
limited to that which is safe for children. Restriction of access
by a fencing barrier of a height to be determined on a case-to-case
basis is required. A ten-foot wide locked gate shall also be provided.
(5)
Side slope of storage ponds shall not exceed a ratio of three
to one horizontal to vertical dimension.
(6)
Landscaping shall be provided for the facility which harmonizes
with the surrounding area.
(7)
Facility shall be located to facilitate maintenance, considering
the frequency and type of equipment that will be required.
(8)
A cartway of like design and construction shall be provided
from a public road to the cartway around the storage pond. A permanent
easement for such cartway shall be provided by the developer.
8.
Criteria for Collection/Conveyance Facilities.
A.
All stormwater runoff collection or conveyance facilities, whether
storm sewers or other open or closed channels, shall be designed in
accordance with the following basic standards:
(1)
All sites shall be graded to provide drainage away from and
around the structure in order to prevent any potential flooding damage.
(2)
Lots located on the high side of streets shall extend roof and
french drains to the curb line storm sewer (if applicable). Low side
lots shall extend roof and french drains to a stormwater collection/conveyance/control
system or natural watercourse in accordance with the approved stormwater
management plan for the development site.
(3)
Collection/conveyance facilities should not be installed parallel
and close to the top or bottom of a major embankment to avoid the
possibility of failing or causing the embankment to fail.
(4)
All collection/conveyance facilities shall be designed to convey
the twenty-five-year storm peak flow rate from the contributing drainage
area and to carry it to the nearest suitable outlet such as a stormwater
control facility, curbed street, storm sewer or natural watercourse.
(5)
Where drainage swales or open channels are used, they shall
be suitably lined to prevent erosion and designed to avoid excessive
velocities.
B.
Wherever storm sewers are proposed to be utilized, they shall comply
with the following criteria:
(1)
Where practical, designed to traverse under seeded and planted
areas. If constructed within 10 feet of road paving, walks or other
surfaced areas, drains shall have a narrow trench and maximum compaction
of backfill to prevent settlement of the superimposed surface or development.
(2)
Preferably installed after excavating and filling in the area
to be traversed is completed, unless the drain is installed in the
original ground with a minimum of three feet cover and/or adequate
protection during the fill construction.
(3)
Designed (a) with cradle when traversing fill areas of indeterminate
stability, (b) with anchors when gradient exceeds 20% and (c) with
encasement or special backfill requirements when traversing under
a paved area.
(4)
Designed to adequately handle the anticipated stormwater flow
and be economical to construct and maintain. The minimum pipe size
shall be 15 inches in diameter.
(5)
Drain pipe, trenching, bedding and backfilling requirements
shall conform to the requirements of the Borough and/or applicable
PennDOT Specifications, Form 408.
(6)
All corrugated metal pipe shall be polymer coated, and with
asbestos bonding and paved inverts where prone to erode. Pipe within
a Borough right-of-way shall be reinforced concrete pipe with a minimum
diameter of 15 inches.
(7)
Storm inlets and structures shall be designed to be adequate,
safe, self-cleaning and unobtrusive and consistent with the Borough's
standards.
(8)
Appropriate grates shall be designed for all catch basins, stormwater
inlets and other entrance appurtenances.
(9)
Manholes shall be designed so that the top shall be at finished
grade and sloped to conform to the slope of the finished grade. Top
castings of structures located in roads or parking areas shall be
machined or installed to preclude "rattling."
(10)
Where proposed sewer connects with an existing storm sewer system,
the developer shall demonstrate that sufficient capacity exists in
the downstream system to handle the additional flow.
(11)
Storm sewer outfalls shall be equipped with energy dissipation
devices to prevent erosion and conform with applicable requirements
of the Pennsylvania DEP for stream encroachments (25 Pa. Code, Chapter
105, of Pennsylvania DEP Rules and Regulations).
9.
Existing Facilities. Where existing storm sewers are reasonably accessible,
and of sufficient capacity, the developer must connect stormwater
facilities to these existing storm sewers.
10.
Abutting Properties.
A.
In the design of storm drainage facilities, special consideration
must be given to preventing increased runoff onto adjacent developed
or undeveloped properties. In no case may a change be made in the
existing topography which would:
(1)
Increase the slope to more than one foot of vertical measurement
for three feet of horizontal measurement for fills, or one foot of
vertical measurement for two feet of horizontal measurements for cuts
within a distance of 20 feet from the property line unless an adequate
retaining wall or other structure is provided.
(2)
Result in a slope which exceeds the normal angle of slippage
of the material involved.
B.
All slopes must be protected against erosion.
11.
Erosion and Sedimentation Controls.
A.
An erosion/sedimentation plan shall be provided in accordance with
the Pennsylvania Erosion/Sedimentation Regulations (25 Pa. Code, Chapter
102) and the standards and guidelines of the Westmoreland County Conservation
District.
B.
Proposed erosion/sedimentation measures shall be submitted with the
stormwater management plan as part of the preliminary and final applications.
12.
Maintenance Responsibilities.
A.
The stormwater management plan for the development site shall contain
an operation and maintenance plan prepared by the developer and approved
by the Borough Council. The operation and maintenance plan shall outline
required routine maintenance actions and schedules necessary to insure
proper operation of the facility(ies).
B.
The stormwater management plan for the development site shall establish
responsibilities for the continuing operation and maintenance of all
proposed stormwater control facilities, consistent with the following
principals:
(1)
If a development consists of structures or lots which are to
be separately owned and in which streets, sewers and other public
improvements are to be dedicated to the Borough, stormwater control
facilities and their attendant easements shall also be dedicated to
and maintained by the Borough.
(2)
If a development site is to be maintained in single ownership
or if sewers and other public improvements are to be privately owned
and maintained, then the ownership and maintenance of stormwater control
facilities shall be the responsibility of the owner.
C.
The Borough Council shall make the final determination on the continuing
maintenance responsibilities prior to final approval of the stormwater
management plan. The Borough Council reserves the right to accept
the ownership and operating responsibility for any or all of the stormwater
management controls.
13.
Maintenance Agreement for Privately Owned Stormwater Facilities.
A.
Prior to final approval of the site's stormwater management plan,
the developer shall sign and record a maintenance agreement in a form
acceptable to the Borough covering all stormwater control facilities
which are to be privately owned. The agreement shall stipulate that:
(1)
The developer shall maintain all facilities in accordance with
the approved maintenance schedule and shall keep all facilities in
a safe and attractive manner.
(2)
The developer shall convey to the Borough easements and/or rights-of-way
to assure access for periodic inspections by the Borough and maintenance
if required.
(3)
The developer shall keep on file with the Borough the name,
address and telephone number of the person or company responsible
for maintenance activities. In the event of a change, new information
will be submitted to the Borough within 10 days of the change.
(4)
If the developer fails to maintain the stormwater control facilities
following due notice by the Borough to correct the problem(s), the
Borough may perform the necessary maintenance work or corrective work
and the developer shall reimburse the Borough for all costs.
B.
The Borough reserves the right to include other terms and conditions
in the agreement where determined necessary to guarantee the satisfactory
maintenance of all facilities.
14.
Fees and Expenses. Fees covering costs to the Borough of Manor for
plan review, and inspections shall be established by resolution of
the Borough of Manor. No approval to begin any work on the project
shall be issued until the requisite fees have been paid.
15.
Modification of Plans. If it is determined that a modification to
the existing stormwater management plan is required, a new approval
shall not be issued until the additional fees have been paid by the
applicant.
16.
Construction Guarantees. The developer or lot owner shall provide
financial security as a construction guarantee in a form to be approved
by the Borough Solicitor, in an amount equal to 110% of the full cost
to install the facilities required by the approved plan. The financial
security shall be released only after receipt by the Borough of certification
and "as-builts" as required.
17.
Maintenance Guarantees. Upon acceptance of any stormwater management
facilities by the Borough of Manor, the developer shall provide a
financial security, in a form approved by the Borough Solicitor for
maintenance guarantees, as follows:
A.
Construction Maintenance Bond. The construction maintenance bond
shall be in an amount equal to 15% of the cost of the installation,
and shall be used as financial security to guarantee the stability
of the newly established basin and revegetation for a period of one
year.
B.
Long-Term Maintenance Bond. The long-term maintenance bond shall
be in an amount equal to a figure which shall be determined by the
Borough to be the estimated cost of maintenance of the stormwater
management facility for a period of 10 years, or by deposit with the
Borough of an amount determined by the Borough Council as to be sufficient
to provide for long-term maintenance of said facility.
18.
Maintenance by Private Entity. When a private entity retains ownership
of any stormwater management facility, such entity shall be responsible
for maintenance of the facility. In such case, approval of stormwater
management facility plans shall be conditioned upon the private entity
agreeing to be responsible for all maintenance of the stormwater management
facility. Any such agreement shall be in writing, shall be in recordable
form, and shall, in addition to any other terms deemed necessary by
the Borough, contain a provision permitting inspection at any reasonable
time by the Borough of Manor or its designee of all such facilities
deemed important to the public welfare. Provided, further, however,
that the said maintenance by a private entity shall be secured by
a performance bond in an amount equal to 110% of the cost as determined
by the Borough to be necessary to adequately maintain said system.
19.
Maintenance by Individual Lot Owners. When any stormwater management
facility is located on an individual lot, and when maintenance thereof
is the responsibility of that landowner, a description of the facility
or systems and the terms of the required maintenance shall be incorporated
on a plat of the property. The plat shall be recorded with the Westmoreland
County Recorder of Deeds within 90 days following Borough approval.
In addition, the Borough may require, as a condition of approval,
that any deed conveying any interest in such lot contain language
indicating that the conveyance is subject to an express covenant by
the grantee that the grantee will maintain the stormwater management
facility.
20.
Failure to Maintain. The failure of any person, individual lot owner
or private entity to properly maintain any stormwater management facility
shall be construed to be a violation of this chapter and is declared
to be a public nuisance.
[Ord. 428, 12/11/1991, § 509]
Attached hereto and expressly made a part of this chapter are
illustrations for streets, manholes, underground utilities, sidewalks,
and storm inlet basins, which shall be construed in conjunction with
the other requirements of this chapter concerning such items.
[Ord. 428, 12/11/1991, § 510; as amended by A.O.]
All subdivisions and land developments which involve grading
or excavation shall conform to the requirements of the rules and regulations
of the Pennsylvania Department of Environmental Protection pertaining
to erosion and sedimentation. It shall be the responsibility of the
applicant to secure approval of the Department of Environmental Protection.
Approval of plans by the Borough shall not be construed as approval
under such regulations.
[Ord. 428, 12/11/1991, § 511]
1.
The source of floodplain delineation shall be the Flood Insurance
Study for the Borough of Manor, Westmoreland County, Pennsylvania,
as prepared by the U.S. Department of Housing and Urban Development,
Federal Flood Insurance Administration, as shown on a map entitled
Flood Boundary and Floodway Map; said map is hereby incorporated as
a part of this chapter.
2.
All floodplain regulations as apply to and are set forth in the Zoning Ordinance [Chapter 27] or other ordinances of the Borough are hereby adopted by reference as if fully set forth at length herein.
3.
Whenever a floodplain is located within or along a proposed subdivision
or land development, the plan shall include the location of the floodplain
with a conspicuously plain note that the floodplain shall be kept
free of structures, fill, and other encroachments.
4.
All floodplain lands shall be excluded in the minimum lot area calculations.
Additionally, the floodplain area shall be identified by elevation
or by approximate distance from the centerline of the stream channel.
Floodplain lines need not be identified by distances and bearings.
5.
No subdivision or land development, or part thereof, shall be approved
if the proposed development and/or improvements will individually
or collectively, increase the one-hundred-year flood elevation more
than one foot at any point.
6.
If it is determined that only a part of a proposed subdivision or
land development can be safely developed, the Planning Commission
or Council shall limit development to that part and shall require
that development proceed consistent with this determination or in
the absence of agreement by the developer with such determination,
the subdivision or land development shall be denied approval.
[Ord. 428, 12/11/1991, § 512]
Electric, telephone and all other utility facilities shall be
installed underground. The developer shall be required to obtain proof
from the appropriate utility company confirming that the developer
has entered into an agreement to provide for an underground electric
and telephone system in accordance with the Pennsylvania Public Utility
Commission Investigation Docket #99, as amended, or has obtained a
waiver from said Pennsylvania Public Utility Commission to allow overhead
electric and telephone facilities.
[Ord. 428, 12/11/1991, § 513]
When any petroleum or petroleum products transmission line traverses
a land development, the developer shall confer with the applicable
transmission or distributing company to determine the minimum distance
which shall be required between each dwelling unit and the centerline
of such petroleum or petroleum products transmission line. The information
so gathered shall be appropriately noted on the plan.
[Ord. 428, 12/11/1991, § 514]
The minimum distance from a natural gas line to a dwelling unit
shall be as required by the applicable transmission or distributing
company, or as shall be required by the applicable regulations issued
by the Department of Transportation under the Natural Gas Pipe Line
Safety Act of 1968, as amended, whichever is greater. This information
shall be appropriately noted on the plan.
[Ord. 428, 12/11/1991, § 515]
1.
No plan 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 required by this chapter and any walkways,
curbs, gutters, street lights, 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.
2.
In lieu of the completion of any improvements required as a condition
for the final approval of the plan, including improvements or fees
otherwise required in this chapter, the Council shall require the
deposit with the Borough of financial security acceptable to the Borough
in an amount sufficient to cover the cost of such improvements or
common amenities, plus 10% of the cost of completion estimated as
of 90 days following the date scheduled for completion. Annually the
Borough may adjust the amount of financial security required as provided
in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq. Such security shall provide for, and secure to the public,
the completion of any improvements required on or before the date
fixed in formal action of approval or an agreement for completion
of improvements.
3.
In the case where development is projected over a period of years,
the Council may authorize submission of final plans 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.
4.
When requested by the developer, in order to facilitate financing,
the Council shall furnish the developer with a signed copy of a resolution
indicating approval of the final plan contingent upon the developer
obtaining satisfactory financial security. The final plan 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 Council, such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the developer.
5.
In the event financial security has been provided in lieu of completion
of improvements required for final plan approval, the developer shall
construct and maintain all streets in a mud-free or otherwise permanently
passable condition, and all other improvements necessary for the reasonable
use of or occupancy of any building before any occupancy permit shall
be issued.
6.
The amount of financial security shall be determined in accordance
with the provisions of § 509(f) and (g) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10509(f), (g).
7.
If water mains and/or sanitary sewer lines, 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 Borough
authority separate and distinct from the Borough, then financial security
to assure completion and maintenance thereof shall be posted in accordance
with the regulations of the controlling public utility or Borough
authority and shall not be included within the financial security
as otherwise provided in this section.
[Ord. 428, 12/11/1991, § 516]
1.
When the developer has completed all the necessary and appropriate
improvements he shall notify the Borough Council in writing, by certified
or registered mail, of such completion and the developer shall simultaneously
notify the Borough Engineer, in writing, of the completion of said
improvements.
2.
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.
3.
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.
4.
Said report shall be mailed by the Borough Engineer within 30 days
after receipt of authorization from the Borough Council.
5.
Said report shall be detailed and shall indicate approval or rejection
of said improvements, 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.
6.
The Borough Council shall notify the developer within 15 days of
receipt of the Borough Engineer's report, in writing by certified
or registered mail of the action of the Borough with relation thereto.
7.
If all or any portion of the 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 above, shall be followed. Where reference is made herein
to the Borough Engineer, he shall be considered as a consultant to
the Borough.
[Ord. 428, 12/11/1991, § 517]
1.
The applicant or developer shall pay to the Borough the expenses
incurred by the Borough for all reasonable and necessary expenses
incurred by the Borough for the inspection of the improvements. Such
schedule of fees shall be as established by the Borough Council by
resolution.
2.
In the event the applicant or developer disputes the amount of any
such expense, the applicant shall proceed in accord with § 501(g)(1)
through (5) of the Pennsylvania Municipalities Code, 53 P.S. § 10501(g)(1)-(5).
[Ord. 428, 12/11/1991, § 518]
In the event that any required improvements have not been installed
as provided herein, the Borough Council shall have the power to enforce
any corporate bond or other security by appropriate legal and equitable
remedies. If the 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 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 monies necessary to complete the
remainder of the improvements.
[Ord. 428, 12/11/1991, § 519]
Prior to acceptance of some or all of the required improvements
following completion, the subdivider or developer shall post with
the Borough financial security of the same type as heretofore provided
in this chapter to secure the 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 of 18 months from the date of acceptance of dedication. The amount
of said financial security shall be as determined by the Borough Council,
but shall not exceed 15% of the actual cost of the installation of
said improvements.
[Ord. 428, 12/11/1991, § 520]
Upon installation by the developer and subsequent inspection
by the Borough Engineer, the developer shall take final steps to dedicate
the improvements and have them accepted by the Borough. The recording
of the final plan, following approval by the Borough Council, has
the effect of an irrevocable offer to dedicate all streets and other
public ways and areas to public use. The offer, however, does not
impose any duty on the Borough concerning maintenance or improvement
until the proper authorities of the Borough have made actual acceptance,
by ordinance.
