Minimum improvements and construction standards required of all subdivisions shall be as set forth in this article, and as listed in Table 1. Where not set forth, they shall be in accordance with the prevailing standards as established by the Commission Engineer. Alternate improvement standards may be permitted if the Commission deems them equal or superior in performance characteristics to the specified improvements. Additional or higher-type improvements may be required in specific cases where the Commission believes it necessary to create conditions essential to the health, safety, morals and general welfare of the citizens of the community.
A. 
Monuments shall be placed so that the scored or marked point shall coincide exactly with the intersection of the lines to be marked, and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground.
B. 
Monuments shall be readily visible and shall be set at the intersection of all lines forming angles in the boundary of the subdivision. A monument shall, at minimum, be an iron pin.
A. 
No plat which will require access to a highway under the jurisdiction of the Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"[1] before driveway access to a state highway is permitted.
[1]
Editor's Note: See 36 P.S. § 670-420.
B. 
Basic improvement requirements.
(1) 
The provision of street pavement curbs, and sidewalks on all proposed or required public streets shall be as shown on Table 1. All streets shall be graded, surfaced, and improved to the grades and dimensions shown on plans, profiles, and cross-sections submitted by the subdividers and approved by the Commission.
(2) 
Table 1 specifies those improvements which are the responsibility of the subdivider. In the case of major traffic streets, the State Highway Department or the municipality may provide additional improvements over and above those required to be installed by the subdivider.
Table 1
Basic Improvement Requirements For Street
Pavements, Curbs and Sidewalks1
TYPE OF SUBDIVISION
Residential, by Lot Area
(Square Feet) per Unit
Type of Street
Nonresidential
(feet)
Under 6,000
(feet)
6,000 to 9,999
(feet)
10,000 and over
(feet)
ARTERIAL AND COLLECTOR STREET
Pavement width and type
36 - A
36 - A
34 - A
26 - C
Curb type required
D, E
D, E
D, E
---
Shoulder width (each side)
---
---
---
6
Sidewalk width and type
5 - H
5 - H
5 - H
---
SUBCOLLECTOR
Pavement width and type
32 - A
32 - A
32 - B
26 - C
Curb type required
D, E
D, E
D, E
---
Shoulder width (each side)
---
---
---
3
Sidewalk width and type
4 - F, G
4 - F, G
4 - F, G
---
ACCESS STREET
Pavement width and type
21 - A
21 - A
18 - B
18 - C
Curb type required
D, E
D, E
D, E
------
Sidewalk width and type
4 - F, G
4 - F, G
4 - F, G
ALLEY
Pavement width and type
21 - A
21 - A
2
2
NOTES:
1The letters in the Table (A through H) refer to the following proposed construction standards:
Street pavement:
A.
To be supplied by Commission Engineer.
B.
To be supplied by Commission Engineer.
C.
To be supplied by Commission Engineer.
Curb types.
D.
To be supplied by Commission Engineer.
E.
To be supplied by Commission Engineer.
Sidewalks.
F.
To be supplied by Commission Engineer.
G.
To be supplied by Commission Engineer.
H.
To be supplied by Commission Engineer.
2Optional standards to be developed.
Street signs shall be provided at the intersections of all streets. The type, height and design shall be approved by the Police Committee of the Council.
A. 
Provision of water supply.
(1) 
A distribution system shall be designed to furnish an adequate supply of water to each lot, with adequate main sizes and fire hydrant locations to meet the local specifications. A copy of the approval of such system by the appropriate public agency shall be submitted with the final plat.
(2) 
Every ordinance adopted pursuant to this article shall include a provision that, if water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the governing body or planning agency, as the case may be, that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
B. 
Location of waterlines. Where public waterlines are installed all such waterlines shall be located between the curbline and the property line within any street right-of-way.
A. 
Sanitary sewage disposal. Each lot in a subdivision shall be connected to a public sanitary sewer facility.
B. 
Location of sewer lines. Sanitary sewer lines shall be located according to the requirements of the Latrobe Municipal Authority or any other appropriate body having jurisdiction over the same.
C. 
Type of sewer system. No combined sanitary and storm systems will be permitted.
D. 
Manholes. Sanitary and storm sewer manholes will be provided at all changes in grade and direction and in no instance shall the distance between said manholes exceed 400 feet.
A. 
Provision of storm sewers. Storm sewers shall be installed when, in the opinion of the Commission, it is deemed necessary to provide adequate drainage for the subdivision.
B. 
Purpose of storm sewers. When storm sewers, culverts and related installations are provided, they shall be designed to:
(1) 
Permit unimpeded flow of natural watercourses.
(2) 
Ensure adequate drainage of all low points along the line of streets.
(3) 
Intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained and at all intersecting streets.
C. 
Special problems. In the design of storm sewage installations, special consideration shall be given to avoidance of problems which may arise from concentration of stormwater runoff over adjacent properties.
D. 
Construction standards. All drainage structures, culverts, boxes, grates, etc., shall conform to the current specifications of the Pennsylvania Department of Transportation, as approved by the Commission Engineer.
A. 
Power, telephone and television community antenna lines. All subdivisions shall have easements provided for the installation of power and telephone utility lines to serve each and every lot, and provision shall be made, when necessary, for the location of television community antenna lines to be installed in said easements.
B. 
Gas transmission lines. When any subdivider proposes to provide gas transmission lines within a subdivision, said gas transmission lines shall be installed between the curbline and the property line of any street right-of-way.
A. 
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 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 required pursuant to Subsection I, this chapter shall provide for the deposit with the municipality of financial security in an amount sufficient to cover the costs of such improvements or common amenities, including but not limited to roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements or buffer or screen plantings which may be required.
B. 
When requested by the developer, in order to facilitate financing, the governing body or the planning agency, if designated, 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 governing body; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
C. 
Without limitation as to other types of financial security which the municipality 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.
D. 
Such financial security shall be posted with a bonding company or federal- or commonwealth-chartered lending institution chosen by the party posting the financial security, provided that said bonding company or lending institution is authorized to conduct such business within the commonwealth.
E. 
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.
F. 
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 municipality 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 municipality 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.
G. 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the municipality 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 municipality 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 municipality and the applicant or developer.
H. 
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.
I. 
In the case where development is projected over a period of years, the governing body or the planning agency may authorize submission of final plats by section or stages of development subject to such requirements or guaranties as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
J. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the governing body to release or authorize the release, from time to time, 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 governing body, and the governing body shall have 45 days from receipt of such request within which to allow the Municipal Engineer to certify, in writing, to the governing body that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the governing body shall authorize release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer fairly representing the value of the improvements completed or, if the governing body fails to act within said forty-five-day period, the governing body shall be deemed to have approved the release of funds as requested. The governing body 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.
K. 
Where the governing body accepts dedication of all or some of the required improvements following completion, the governing body may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
L. 
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the municipality, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.
M. 
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 municipality shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final 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 improvements 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. Any ordinance or statute inconsistent herewith is hereby expressly repealed.
A. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the municipal governing body, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Municipal Engineer. The municipal governing body shall, within 10 days after receipt of such notice, direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall, thereupon, file a report, in writing, with the municipal governing body, 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 Municipal Engineer of the aforesaid authorization from the governing body; 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 Municipal Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
B. 
The municipal governing body 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 municipal governing body with relation thereto.
C. 
If the municipal governing body or the Municipal 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.
D. 
If any portion of said improvements shall not be approved or shall be rejected by the municipal governing body, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
E. 
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 municipal governing body or the Municipal Engineer.
F. 
Where herein reference is made to the Municipal Engineer, he shall be a duly registered professional engineer employed by the municipality or engaged as a consultant thereto.
G. 
The municipality may prescribe that the applicant shall reimburse the municipality for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Municipal 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 municipality when fees are not reimbursed or otherwise imposed on applicants.
(1) 
In the event that 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 municipality that such expenses are disputed as unreasonable or unnecessary, in which case the municipality 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.
(2) 
If, within 20 days from the date of billing, the municipality and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and municipality shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(3) 
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.
(4) 
In the event that the municipality 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 municipality 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 Municipal Engineer nor any professional engineer who has been retained by or performed services for the municipality or the applicant within the preceding five years.
(5) 
The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the municipality shall pay the fee of the professional engineer, but otherwise the municipality and the applicant shall each pay one-half (1/2) of the fee of the appointed professional engineer.
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 plat, the governing body of the municipality is hereby granted the power to 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 governing body of the municipality 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 bought against the developer, or both, be used solely for the installation of the improvements covered by such security and not for any other municipal purpose.