The design standards listed below, and in Table
1,[1] shall be incorporated in all proposed plans:
A.
Conformance with other requirements.
(1)
All subdivisions and land developments shall comply
fully with all federal, state, county, Borough and other applicable
laws and regulations. Evidence of the receipt of any permits or approvals
required by such laws and regulations shall be submitted by the subdivider
and shall be a condition of the approval of any plan submitted under
this chapter.
(2)
Where such other laws and regulations are more restrictive
than those contained herein, such other regulations shall be observed.
B.
General design standards and comprehensive plan requirements.
(1)
Land shall be suited to the purpose for which it is
to be subdivided. Land which is unsafe or unsuited for development
due to flooding, subsidence, underground fires, open quarries, unconsolidated
fill, steep slopes or other hazardous conditions shall not be subdivided
unless proper safeguards are provided and approved by the Commission.
(2)
Consideration shall be given in the design of all
land developments and subdivisions to the future development needs
of the Borough and the objectives established in any officially prepared
Borough or regional comprehensive or master plan for land use, streets
and thoroughfares, public utilities and facilities and to other governmental
plans affecting the subdivision and land development.
(3)
In reviewing subdivision plans, the Commission will
consider the adequacy of existing or proposed community facilities
to serve the additional dwellings proposed by the subdivision.
(4)
Where a proposed park, playground, school or other
public use shown in the Comprehensive Plan is located in whole or
in part in a subdivision, the Commission may require the reservation
of such area as may be deemed reasonable. Where said area is not dedicated,
it should be reserved for acquisition or initiation of condemnation
proceedings by the Borough for a period of one year, after which such
reservation shall lapse if action to acquire said property has not
been taken by the Borough.
(5)
Areas provided or reserved for such community facilities
should be adequate to provide for building sites, landscaping and
off-street parking as appropriate to the use proposed.
(6)
The layout of the proposed subdivision shall be in
general conformity with the features or developments proposed in the
master plan of the Borough.
(7)
All plan proposals shall be coordinated with existing
and proposed development on adjoining or adjacent land.
C.
Street system layout.
(1)
Proposed streets shall conform in all respects to
the Comprehensive Plan, Official Map if one has been adopted, the
Street Classification Reference Map, or to such other street plans
or parts thereof as have been officially prepared and adopted by the
Borough.[2]
(2)
Proposed streets shall further conform to such county
and state highway plans as have been prepared, adopted and/or filed
as prescribed by law.
(3)
Proposed streets shall be designed to provide safe
and efficient access to all parcels, to create a functional street
system including major streets, collector streets and local streets
where appropriate, and to minimize street intersections and pedestrian-vehicular
conflicts.
(4)
Where a subdivision abuts an existing street which
has a narrow width, improper alignment or other deficiency, the Commission
may require the dedication of additional right-of-way to correct the
existing deficiency.
(5)
The street system layout shall make adequate provision
for any possible resubdivision or new additional subdivision of the
area being subdivided.
(6)
Street dimensions and design standards shall be in
accordance with Table 1 which shows sections 5 - 9 of the Borough
Streets Ordinance, which are incorporated herein and made a part hereof
by this reference.
|
Table 1
Existing Streets
| ||
|---|---|---|
|
(a) Classification. Unclassified streets shall
be classified according to their function, design and use by the Borough
Council, at the request of the applicant or during plan review.
| ||
|
(b) Standards.
| ||
|
[1] The following chart is a guide to the dimensional
standards for the various classifications of streets.
| ||
|
Basic Dimensions
| |||||
|---|---|---|---|---|---|
|
R.O.W.
(feet)
|
Cartway
(feet)
|
Curbs
|
Sidewalks
| ||
|
Expressway
|
1
|
1
|
1
|
1
| |
|
Arterial
|
100
|
1
|
1
|
1
| |
|
Major collector
|
80
|
1
|
1
|
1
| |
|
Minor collector
|
60
|
26
|
2
|
2
| |
|
Access and marginal access
|
50
|
26
|
2
|
2
| |
|
[2] Additional rights-of-way and cartway widths
may be required by the Borough in order to lessen traffic congestion,
to secure safety from fire, other dangers, to facilitate the adequate
provision of transportation and other public facilities and to promote
the general welfare.
| |||||
|
NOTES:
| ||
|---|---|---|
|
1
|
As required by the Pennsylvania Department of
Transportation and the Borough.
| |
|
2
|
Required, unless waived, by the Borough.
| |
|
New Streets – Residential
| |
|---|---|
|
(a) Purpose. The purpose of these provisions
is to establish appropriate standards for the design of streets in
residential subdivisions that will: (1) promote the safety and convenience
of vehicular traffic; (2) protect the safety of neighborhood residents;
(3) minimize the long-term costs for the maintenance and repair of
streets; (4) minimize crime in residential areas; (5) protect the
residential qualities of neighborhoods by limiting traffic volume,
traffic speed, noise and fumes; (6) encourage the efficient use of
land; (7) minimize the cost of street construction and thereby restrain
the rise in housing costs; and (8) minimize the construction of impervious
surfaces thereby protecting the quantity and quality of the Borough's
water resources.
| |
|
(b) Standards. Residential streets shall be
constructed in accordance with the following requirements.
|
|
Basic Dimensions
| |||||
|---|---|---|---|---|---|
|
Minimum Lot Size
|
R.O.W.
(feet)
|
Cartway
(feet)
|
Curb
|
Sidewalk
| |
|
10 acres
|
50
|
20
|
No
|
No
| |
|
50,000 square feet
|
50
|
26
2
|
1
|
1
| |
|
20,000 square feet
|
50
|
28
|
1
|
1
| |
|
20,000 square feet
(parking permitted one side)
|
50
|
30
|
Yes
|
Yes
| |
|
20,000 square feet
(parking permitted both sides)
|
60
|
34
|
Yes
|
Yes
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
Sidewalks and curbs are required, unless waived,
by the Borough.
| |
|
2
|
28 feet required when provided with curb.
| |
|
Note: When curb is not required, a minimum four-foot
stabilized shoulder will be provided.
| ||
|
(c) Engineering criteria.
| |||||
|
[1] Minimum grade: 0.5%.
| |||||
|
[2] Maximum grade: 6% on collector, 10% on secondary
(access).
| |||||
|
[3] Minimum center line horizontal radius: 150
feet.
| |||||
|
[4] Minimum tangent length between reverse curves:
50 feet.
| |||||
|
[5] Maximum super elevation: 0.08 foot per foot.
| |||||
|
[6] Minimum stopping site distance: 250 feet.
| |||||
|
[7] Minimum or maximum grade with 50 feet of
intersection: ± 3%.
| |||||
|
(d) Driveways.
| |||||
|
[1] Driveways to single-family lots:
| |||||
|
[a] Driveways shall be located no less than
45 feet from any intersection. Driveways to corner lots shall gain
access from the street of lower classification when a corner lot is
bounded by streets of two different classifications.
| |||||
|
[b] For properties abutting curbed and uncurbed
streets, the following standards shall apply to the driveway apron
at the street line:
| |||||
|
[i] Minimum curb cut or driveway width at the
street line: 10 feet.
| |||||
|
[ii] Maximum curb cut or driveway width at the
street line: 20 feet.
| |||||
|
[2] Shared residential driveways:
| |||||
|
[a] All entrance drives serving four or less
dwelling units may be designed to single-family driveway standards
above.
| |||||
|
[b] All entrance drives serving four or more
dwelling units shall have a minimum width of 20 feet and shall enter
public streets at safe locations with design requirements and specifications
in accord and with PennDOT Standards.
| |||||
|
Special Purpose Streets
| |||||
|
(a) Industrial/commercial streets.
| |||||
|
[1] Street access. Special purpose streets may
only intersect collector or arterial streets.
| |||||
|
[2] Cartway width, right-of-way, and curbing.
A minimum paved cartway width of 10 feet with curbing and a fifty-foot
right-of-way is required if on-street parking is prohibited. A minimum
paved cartway width of 44 feet with curbing and a sixty-foot right-of-way
is required if on-street parking is allowed.
| |||||
|
[3] Moving lanes. All industrial/commercial
streets shall be provided with a minimum of two continuous moving
lanes in which no parking is permitted.
| |||||
|
[4] Engineering criteria. All features of the
geometric design of an industrial/commercial street specified below
shall be designed for a design speed of 30 miles per hour to be able
to accommodate truck traffic.
| |||||
|
[a] Minimum grade: 1.0%.
| |||||
|
[b] Maximum grade: 5.0%.
| |||||
|
[5] Dedication. The Borough reserves the right
to refuse dedication of a special purpose street. An appropriate legal
mechanism for ownership and maintenance will be required where the
streets are not accepted for dedication.
| |||||
|
Marginal Access Streets
(a) Classification and design. Marginal access
streets are required, unless specifically waived by the Borough, as
an alternative to stripping off lots along existing or proposed major
collector and arterial streets. Marginal access shall be classified
and designed to conform with the design standards and service restrictions
of either residential access, special purpose, subcollector, or collector
roads.
| |||||
|
(b) Intersection spacing. The minimum distance
between intersections of the marginal access street with major collectors
shall be 300 feet and with arterial streets shall be 370 feet.
| |||||
|
(c) Distance between cartways. A minimum distance
of 30 feet shall be provided between the marginal access street cartway
and the higher order street cartway. This area shall be used to provide
a visual screen between the roadways by landscaping or by use of a
berm.
| |||||
(7)
The location of all major streets in the proposed
subdivision and land development shall conform in general alignment
to the traffic plan adopted by the Borough Planning Commission.
(8)
The proposed street layout shall provide for the continuation
or projection of existing streets in the surrounding area unless the
Commission deems such extension undesirable for specific reasons of
topography or design.
(9)
Streets shall be logically related to the topography
to produce usable lots and reasonable grades. Streets shall be so
arranged to be generally parallel to rather than cross contour lines
as well as to prevent the necessity for excessive cut and fill.
(10)
Minor streets shall be laid out to discourage
through traffic, but provision for street connections into and from
adjacent areas will generally be required.
(11)
Proposed streets shall be extended to provide
access to adjoining property where necessary.
(12)
Adequate street rights-of-way shall be provided
as necessary where lots in the proposal are large enough to permit
resubdivision, or if a portion of the tract is not subdivided.
(13)
Where a subdivision abuts or contains an existing
or proposed major traffic street, the Commission may require marginal
access streets, rear service alleys, reverse frontage lots or such
other treatment as will provide protection for abutting properties,
reduction in the number of intersections with the major street, and
separation of local and through traffic.
(a)
Where residential reverse frontage lots are
utilized, they shall have a rear yard with a minimum depth of 75 feet
to the ultimate right-of-way of the major street on which they abut
and they shall have a planting screen easement at least 10 feet wide
across which there shall be no right of access.
(14)
New half or partial streets will not be permitted,
except where essential to reasonable subdivision of a tract in conformance
with the other requirements and standards contained herein and where,
in addition, satisfactory assurance for dedication of the remaining
part of the street can be secured.
(15)
Wherever a tract to be subdivided borders an
existing half or partial street, the other part of the street shall
be plotted within such tract.
(16)
Dead-end streets shall be prohibited, except
as stubs to permit future street extension into adjoining tracts,
or when designed as culs-de-sac.
(17)
New reserve strips, including those controlling
access to streets, shall be avoided.
(18)
Streets should be laid out as to avoid hazard
areas such as floodplains, cliffs and steep slopes, large ravines,
etc. A dual means of access which does not go back through the same
hazard area shall be provided for all lots when one of the streets
into a subdivision crosses through a hazard area or cannot be avoided.
(19)
The developer shall provide at his expense all
street signs as may be required by the Borough.
D.
Intersections.
(1)
Corner sight distance (clear sight triangle).
(a)
Whenever a proposed street intersects an existing
or proposed street of higher order in the street hierarchy, the street
of lower order shall be made a stop street. The street of lower order
shall also be designed to provide a minimum corner sight distance
as specified in the accompanying chart:
|
Y = Corner sight distance, measured from point
a to point c and c to d.
| |
|---|---|
|
a and d = A point 4.5 feet above the center
line of the major roadway.
| |
|
b = Eye level from a car stopped at the intersection
on a minor road; for this chapter, b is situated 3.75 feet above the
roadway, 20 feet from the edge of paving of the major road.
| |
|
c = Approximate center of intersection.
|
|
Minimum Corner Sight Distance Y
| ||
|---|---|---|
|
Major Road Type/Design Speed
|
Y
(feet)
| |
|
Higher order street/50 mph (arterial –
major collector)
|
500
| |
|
Higher order street/40 mph (arterial –
major collector)
|
400
| |
|
Residential collector/35 mph (residential –
major)
|
350
| |
|
Residential subcollector/30 mph (residential
– minor)
|
300
| |
|
Residential access1/25 mph
|
250
| |
|
NOTE:
| ||
|---|---|---|
|
1
|
For intersections with alleys only.
| |
(b)
The entire area of the clear sight triangle,
described by points a, b and c above, shall be designed to provide
an unobstructed view across it from point b to all points 4.5 feet
above the roadway along the center line from point a to point c and
d.
(2)
Curb radius. Minimum curb or edge of pavement radius
shall be determined according to the specifications for the street
of higher classification in the street system hierarchy, as specified
below:
(3)
Intersection spacing. Proposed streets which intersect
opposite sides of another street (either existing or proposed) shall
be laid out to intersect either directly opposite each other, or with
a minimum offset for spacing measured from center line to center line
as specified below.
|
Minimum Intersection Spacing
| ||
|---|---|---|
|
Major Road Type
|
Spacing
(feet)
| |
|
Existing streets
|
1,600
| |
|
Residential major collector
|
1,000
| |
|
Residential minor collector
| ||
|
Residential access
|
NA1
| |
|
NOTE:
| |
|---|---|
|
1 Applies only to
alleys.
|
(4)
Minimum intersection angle. Intersecting roads shall
intersect at a 90° angle for a minimum of 50 feet from the intersection.
(5)
Turning lanes. Acceleration and deceleration of turning
lanes may be required by the Borough along existing and proposed collector
and/or arterial roads whenever these intersect other collector or
primary roads.
E.
Cul-de-sac streets.
(1)
Length of cul-de-sac. No cul-de-sac shall exceed a
length of 800 feet or serve as access for more than 12 dwelling units,
whichever is greater. In no case shall a cul-de-sac street with a
length less than 250 feet be permitted. Cul-de-sac length shall be
measured along the center line of the cul-de-sac from the right-of-way
line of the intersection street to the center point of the turnaround.
(2)
Temporary cul-de-sac. A temporary cul-de-sac may be
required during phased developments or if the future extension of
a street is deemed desirable by the Borough.
(3)
Cud-de-sac turnarounds, permanent. A paved area with
a minimum outside turning radius of 40 feet shall be provided at the
terminus of every permanent cul-de-sac with a minimum right-of-way
radius of 60 feet.
(4)
Cul-de-sac turnarounds, temporary. All temporary culs-de-sac
shall be provided with a temporary turnaround paved to an outside
radius of 35 feet. The area outside of the required street right-of-way
width shall be provided as an easement to the Borough to be returned
to the appropriate property owner at the time of extension of the
street.
F.
Lot design standards.
(1)
Area and other dimensions of lots and parcels shall conform with the requirements of Chapter 500, Zoning, of the Borough of Jim Thorpe, as amended.
(2)
All lots shall front upon a public street.
(3)
The ratio of the depth of any lot to its width shall not be greater than 2 1/2 to one, except as may be specified in Chapter 500, Zoning.
(4)
Side lot lines shall be substantially at right angles
or radial to street lines.
(5)
If remnants of land exist after subdividing, they
shall be incorporated in existing or proposed lots, or dedicated to
public use if acceptable to the Borough.
(6)
Double frontage lots are prohibited, except where
employed to prevent vehicular access to major traffic streets.
(7)
Depth and width of parcels laid out or reserved for nonresidential use shall be sufficient to provide satisfactory space for off-street parking and unloading as required by the provisions of Chapter 500, Zoning.
(8)
In general, lot lines shall follow Borough boundary
lines rather than cross them.
G.
Easements.
(1)
Easements with a minimum width of 10 feet plus the
width of any required pipe or other improvement shall be provided
as necessary for utilities and drainage facilities.
(2)
Aboveground utilities shall be placed along the rear
or side lot lines unless they are existing along the street prior
to the submission of the preliminary plan to the Planning Commission.
(3)
To the fullest extent possible, easements shall be
centered on or adjacent to rear or side lot lines.
(4)
Where a subdivision is traversed by a watercourse,
there shall be provided a drainage easement or right-of-way conforming
substantially with the line of such watercourse and of such width
as will be adequate to preserve natural drainage. Such easement or
right-of-way shall have a minimum width of 25 feet and Borough Council
may mandate greater width as circumstances require.
H.
Blocks.
(2)
Blocks shall have a minimum length of 750 feet and
a maximum length of 1,200 feet. In the design of blocks longer than
1,000 feet, special consideration shall be given to the requirements
of satisfactory fire protection.
(3)
Residential blocks shall be of sufficient depth to
accommodate two tiers of lots, except where reverse frontage lots
bordering a major traffic street are used, where special superblock,
cluster design, planned unit developments or other large-scale, commercial
or industrial developments are proposed, or where topographic or other
conditions prevent such a design.
(4)
Pedestrian interior walks may be required where necessary
to assist circulation or provide access to community facilities. Such
crosswalks shall have a width of not less than 10 feet and a paved
walk of not less than four feet.
I.
Driveways.
(1)
Driveway widths shall be designed to properly and
safely serve the function for which they are intended. Such driveways
shall generally not be less than 10 feet wide or greater than 30 feet
wide.
(2)
Driveway entrances shall be clearly defined and shall
provide a minimum turning radii at the street intersection of five
feet when serving a single-family unit and 10 feet when serving a
higher-density or more intensive development. Such turning radii shall
be properly constructed in relation to the type of curb provided.
(3)
The number of driveways and driveway intersections
on a major traffic street shall be minimized and avoided where possible.
Permits for driveways intersecting with state roads or highways shall
be secured from the Pennsylvania Department of Transportation. Such
driveway intersection shall generally not be located closer than 70
feet from any street intersection right-of-way line.
J.
Storm drainage.
(1)
Lots shall be laid out and graded to provide positive
drainage away from buildings.
(2)
Storm sewers, culverts and related installations shall
be provided:
(3)
In the design of storm sewerage installations, special
consideration shall be given to avoidance of problems which may arise
from concentration of stormwater runoff over adjacent properties.
(4)
Storm drainage systems shall be designed separately
from any sanitary sewer systems and such storm systems shall be installed
in accordance with sound and established engineering practices as
determined by the Commission Engineer. Such storm systems shall be
designed to accommodate any storm discharges from the property being
subdivided and any additional runoff which may occur from higher elevations
within the same watershed when it is fully developed. Such storm systems
shall not overload existing storm drainage systems or create flooding
hazards.
K.
Public water and sewer facilities. All subdivisions
and land developments located within the Borough of Jim Thorpe shall
be served with public water and sanitary sewer facilities unless the
Commission determines that such facilities are not required or that
suitable alternate facilities meeting the requirements of the Pennsylvania
Department of Environmental Protection shall be provided. Such public
facilities shall be designed in accordance with the requirements of
the Borough of Jim Thorpe, subject to the review and approval of the
Commission Engineer. No plan shall be finally approved which does
not have sewage facilities planning approval or to which a condition
for such approval has not been attached for final plat approval and
such approval or condition conforms to state law.
L.
Other utilities.
(1)
A plan for providing all necessary utility services
to the proposed subdivision and land development shall be prepared
by the developer in cooperation with the appropriate public utility
companies and governmental agencies.
(2)
In accordance with a Pennsylvania Public Utility Commission
order of July 8, 1970, all electric utility distribution lines shall
be installed underground in subdivisions or land developments of five
or more dwelling units. Wherever practicable, telephone and cable
TV, computer and other communication utilities shall also be installed
underground.
(3)
Wherever practicable, in accordance with good engineering
practice, utility easements and trenches shall be occupied jointly
by compatible electric, gas, water, sewage and communication utilities.
M.
Environmental protection standards. In the design
of any subdivision and land development, the Commission shall require
that maximum consideration be given to the preservation and protection
of the natural environment so as to safeguard the public health, safety
and welfare of all residents of the Borough and to minimize any adverse
effects resulting from the proposed development. Where the development
may create an environmental problem, the Commission may require and
the subdivider shall present a plan indicating the specific manner
in which the problem will be minimized or eliminated. No preliminary
or final plan application shall be considered effective until such
a required plan has been submitted. The Commission may refer such
a plan to any appropriate governmental or other agency, or authority
qualified to review and/or determine if the plan meets the requirements
and objectives of this chapter and the requirements of any other federal,
state, county, Borough or other applicable law or regulation. Environmental
factors for which the Commission may require a plan include, but are
not limited to, the following:
[1]
Editor's Note: See Table 1 in § 390-13C(6).
A.
Application.
(1)
The minimum improvements required for all subdivisions
and land developments, which shall be provided by the subdivider,
shall be as set forth in this section. Such improvements shall be
constructed in accordance with the provisions of this section and
with the detailed construction specifications established by the Commission
Engineer which are on file at the office of the Borough Secretary.
(2)
Alternate improvement standards may be permitted if
the Commission deems them equal or superior in performance characteristics
to any specified improvements. Additional or higher-type improvements
may be required in specific cases where the Commission finds them
to be necessary to create a condition essential to the public health,
safety and general welfare of the citizens of the Borough Jim Thorpe.
(3)
All improvements are subject to the review, advice
and inspections of the Commission Engineer.
B.
Summary of required improvements. Minimum improvements
to be required of the subdivider, where applicable, shall include
paved streets and driveway entrances, curbs, sidewalks, street trees,
public sanitary sewer, water, storm drainage and utility facilities,
street signs, streetlighting, fire hydrants and monuments and markers.
C.
Street construction standards.
(1)
Streets shall be graded, surfaced and improved to
the grades and dimensions shown on the plans, profiles and cross-sections
submitted by the subdivider and approved by the Commission and the
Borough Council.
(2)
The entire right-of-way width shall be graded to the
approved cross-section. All trees, stumps and other material deemed
unsuitable by the Commission Engineer shall be removed to a depth
of two feet below subgrade and the excavation shall be backfilled
and suitably compacted.
(a)
The finished road surface, both tangent and
curve, shall be crowned at 1/4 inch per foot away from the center
line.
(b)
Prior to placing the street surface, the subgrade
shall be graded parallel to the finished crown to permit the proper
drainage of the subbase. The subbase shall be outletted to the satisfaction
of the Commission Engineer. Adequate subsurface drainage for the streets
and all subsurface utilities as acceptable to the Commission shall
be provided or installed by the subdivider.
(c)
Minimum slopes of banks measured perpendicular
to the center line of the street shall generally be two to one for
cuts and fills with actual slopes to be specified by the Commission
Engineer depending on the nature of the proposed construction and
on soil conditions.
(3)
The pavement shall be placed on a well compacted and
prepared subgrade.
(a)
Subbase material shall be provided, except that
if the material has adequate bearing capacity and is well drained,
the subbase may be omitted as determined by the Commission Engineer.
(4)
In all respects in which standards for required improvements
are not set forth herein or specified by the Commission or the Borough
of Jim Thorpe, the applicable standard requirements of the Pennsylvania
State Department of Transportation shall govern and all work shall
be performed in the manner prescribed in the standard specifications
for road construction of said Department of the type of construction
under consideration.
(5)
Driveway entrances
or aprons within the street right-of-way shall be surfaced to their
full width, the type of surface to be Portland cement concrete.
D.
Curbs and gutters. Curbs shall be provided on all
roads proposed for dedication. They shall be Portland cement concrete
of the vertical type. All curb requirements shall be in conformance
with good engineering practice and subject to the approval of the
Borough Engineer.
E.
Sidewalks and crossovers. Sidewalks shall be located
within the street right-of-way and shall not be closer than one foot
from the right-of-way line.
(1)
Sidewalks and crossovers shall be constructed of concrete.
(2)
Sidewalks shall only be installed as required by the Borough Street Ordinance [see Table 1 in § 390-13C(6)] unless waived by Borough Council.
F.
Street trees. Street trees of a deciduous hardwood
type with a minimum caliper of two inches, as approved by the Planning
Commission, shall be planted in the public right-of-way adjacent to
the sidewalk at an average spacing of 50 feet in a manner that will
not adversely affect the sidewalk construction.
G.
Public sanitary sewer, water, storm drainage and utility facilities. Public sanitary sewer, water, storm drainage and utility facilities shall be provided as required by § 390-13J, K, and L of this chapter, in accordance with the requirements of the Borough of Jim Thorpe and subject to the approval of the Commission Engineer.
H.
Markers.
(1)
Markers shall consist of iron pipes or iron or steel
bars at least 15 inches long, and not less than 3/4 inch in diameter.
(2)
Markers shall be placed so that the scored or marked
point shall coincide exactly with the intersection of lines to be
marked, and shall be set so that the top of the marker is level with
the surface of the surrounding ground.
(4)
Any markers that are removed shall be replaced by
a competent engineer at the expense of the person removing them.
I.
Other improvements.
(1)
Street name signs shall be installed at all street
intersections.
(2)
Streetlighting shall be provided to adequately illuminate
all streets.
(3)
Fire hydrants shall be provided to insure adequate
fire protection service where such developments are hooked up to public
water facilities.
(4)
The above improvements are to be installed in accordance
with the requirements of the Borough of Jim Thorpe subject to the
review and recommendation of the Commission Engineer.
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 otherwise required by this
chapter and any walkways, curbs, gutters, streetlights, fire hydrants,
shade trees, water mains, sanitary sewers, storm sewers and other
improvements as may be required by this chapter have been installed
in accordance with this chapter. In lieu of the completion of any
improvements required as a condition for the final approval of a plat,
including improvements or fees otherwise required by this chapter,
the developer may deposit with the Borough financial security in an
amount sufficient to cover the costs of such improvements or common
amenities including basins and other related drainage facilities,
recreational facilities, open space improvements, or buffer or screen
plantings which may be required.
B.
When requested by the developer, in order to facilitate
financing, the Borough Council shall furnish the developer with a
signed copy of a resolution indicating approval of the final plat
contingent upon the developer obtaining satisfactory financial security.
The final plat or record plan shall not be signed nor recorded until
the financial improvements agreement is executed. The resolution or
letter of contingent approval shall expire and be deemed to be revoked
if the financial security agreement is not executed within 90 days
unless a written extension is granted by the Borough Council; such
extension shall not be unreasonably withheld and shall be placed in
writing at the request of the developer.
C.
Without limitation as to other types of financial
security which the Borough may approve, which approval shall not be
unreasonably withheld, federal- or commonwealth-chartered lending
institution irrevocable letters of credit and restrictive or escrow
accounts in such lending institutions shall be deemed acceptable financial
security for the purposes of this section.
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 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 Borough may
adjust the amount of the financial security by comparing the actual
cost of the improvements which have been completed and the estimated
cost for the completion of the remaining improvements as of the expiration
of the ninetieth day after either the original date scheduled for
completion or a rescheduled date of completion. Subsequent to said
adjustment, the Borough may require the developer to post additional
security in order to assure that the financial security equals said
110%. Any additional security shall be posted by the developer in
accordance with this subsection.
G.
The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements,
submitted by the applicant or developer and prepared by a professional
engineer licensed as such in this commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The Borough,
upon the recommendation of the Borough Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Borough are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this commonwealth and chosen mutually by the Borough
and the applicant or developer. The estimate certified by the third
engineer shall be presumed fair and reasonable and shall be the final
estimate. In the event that a third engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Borough
and the applicant or developer.
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 Borough Council may authorize submission of final
plats by sections or stages of development subject to such requirements
or guarantees as to improvements in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
J.
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Borough Council to release or authorize the release, from time to
time, of such portions of the financial security necessary for payment
to the contractor or contractors performing the work. Any such requests
shall be in writing addressed to the Borough Council, and the Borough
Council shall have 45 days from receipt of such request within which
to allow the Borough Engineer to certify, in writing, to the Borough
Council that such portion of the work upon the improvements has been
completed in accordance with the approved plat. Upon such certification,
the Borough Council shall authorize release by the Borough Engineer
fairly representing the value of the improvements completed or, if
the Borough Council fails to act within said forty-five-day period,
the Borough Council shall be deemed to have approved the release of
funds as requested. The Borough Council may, prior to final release
at the time of completion and certification by its engineer, require
retention of 10% of the estimated cost of the aforesaid improvements.
K.
Where the Borough Council accepts dedication of all
or some of the required improvements following completion, the Borough
Council may require the posting of financial security to secure structural
integrity of said improvements as well as the functioning of said
improvements in accordance with the design and specifications as depicted
on the final plat for a term not to exceed 18 months from the date
of acceptance of dedication. Said financial security shall be of the
same type as otherwise required in this section with regard to installation
of such improvements, and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said improvements.
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 Borough, financial security to assure proper completion and maintenance
thereof shall be posted in accordance with the regulations of the
controlling public utility or municipal authority and shall not be
included within the financial security as otherwise required by this
section.
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 Borough shall
not condition the issuance of building, grading or other permits relating
to the erection or placement of improvements, including buildings,
upon the lots or land as depicted upon the final plat upon actual
completion of the improvements depicted upon the approval final plat.
Moreover, if said financial security has been provided, occupancy
permits for any building or buildings to be erected shall not be withheld
following the improvement of the streets providing access to and from
existing public roads to such building or buildings to a mud-free
or otherwise permanently passable condition, as well as the completion
of all other improvements as depicted upon the approved plat, either
upon the lot or lots or beyond the lot or lots in question if such
improvements are necessary for the reasonable use of or occupancy
of the building or buildings.
N.
Development agreement. All subdividers proposing any
subdivision or land development requiring the installation of improvements
as required herein shall be required to enter into a legally binding
development agreement with the Borough of Jim Thorpe guaranteeing
the installation of said improvements in accordance with all Borough
requirements. The development agreement shall be in a form suitable
for execution by the Borough Council and it shall consist of the following,
where applicable:
(1)
The construction authorized by the approved final
plans. All improvements shall be proposed for construction in accordance
with the requirements of this chapter and with the requirements of
any other standard specifications in use by the Borough for improvements
of the type proposed.
(2)
Construction of streets with related curbs, sidewalks,
street trees, etc.
(3)
Installation of utility lines.
(4)
Installation of underground streetlighting cable and
streetlighting poles.
(5)
Dedication of streets, transfer of water and sewer
lines and easements.
(6)
Prevention of erosion and water damage to adjacent
properties.
(7)
Developer's responsibilities for damage to other property.
(8)
The cost of all Borough inspection to be borne by
the developer.
(9)
A work schedule, beginning and ending dates, for improvements
contained herein.
(10)
The payment of all reasonable legal costs and
expenses incurred by the Borough, including but not limited to the
cost of preparing the development agreement.
(11)
The contractors' bid costs of the improvements
and form and amount of improvement security.
(12)
Agreement to provide maintenance security, in
the form of a bond or escrow deposit or other security approved by
Borough Council, for the repair or reconstruction of all improvements
which are found by the Borough Engineer to be defective within 18
months from the date on which the Borough accepted or released the
same.
(13)
The developer shall provide the Borough with
a set of reproducible as-built plans.
(14)
Provisions for violation of the development
agreement.
(15)
Developer shall secure or maintain public liability
insurance.
(16)
A save harmless clause.
(17)
Liability of developer during warranty period.
(18)
No improvements shall be commenced or work begun
prior to the execution of this agreement, the delivery of the bond
or escrow agreement and deposit and the recording of the final plan.
(19)
Developer shall agree to abide by all requirements
of this chapter, and amendments hereto, together with the particular
time frames which may be set forth in this chapter.
(20)
Other requirements.
A.
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Borough
Council, in writing, by certified or registered mail, of the completion
of the aforesaid improvements and shall send a copy thereof to the
Borough Engineer. The Borough Council shall, within 10 days after
receipt of such notice, direct and authorize the Borough Engineer
to inspect all of the aforesaid improvements. The Borough Engineer
shall, thereupon, file a report in writing, with the Borough Council,
and shall promptly mail a copy of the same to the developer by certified
or registered mail. The report shall be made and mailed within 30
days after receipt by the Borough Engineer of the aforesaid authorization
from the Borough Council; said report shall be detailed and shall
indicate approval or rejection of said improvements, either in whole
or in part, and if said improvements, or any portion thereof, shall
not be approved or shall be rejected by the Borough Engineer, said
report shall contain a statement of reasons for such nonapproval or
rejection.
B.
The Borough Council shall notify the developer, within
15 days of receipt of the engineer's report, in writing by certified
or registered mail of the action of said Borough Council with relation
thereto.
C.
If the Borough Council or the Borough Engineer fails
to comply with the time limitation provisions contained herein, all
improvements will be deemed to have been approved and the developer
shall be released from all liability, pursuant to its performance
guaranty bond or other security agreement.
D.
If any portion of the said improvements shall not
be approved or shall be rejected by the Borough Council, the developer
shall proceed to complete the same and, upon completion, the same
procedure of notification as outlined herein, shall be followed.
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 Borough Council or the Borough
Engineer.
F.
Where herein reference is made to the Borough Engineer,
he shall be as a consultant thereto.
G.
The applicant or developer shall reimburse the Borough
for the reasonable and necessary expense incurred for the inspection
of improvements according to a schedule of fees adopted by resolution
of the Borough Council and as from time to time amended. Such expense
shall be reasonable and in accordance with the ordinary and customary
fees charged by the Borough Engineer or consultant for work performed
for similar services in the community, but in no event shall the fees
exceed the rate or cost charged by the engineer or consultant to the
Borough when fees are not reimbursed or otherwise imposed on applicants.
(1)
In the event the applicant disputes the amount of
any such expense in connection with the inspection of improvements,
the applicant shall, within 10 working days of the date of billing
notify the Borough that such expenses are disputed as unreasonable
or unnecessary, in which case the Borough shall not delay or disapprove
a subdivision or land development applicant 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 Borough
and the applicant cannot agree on the amount of expenses which are
reasonable and necessary, then the applicant and the Borough shall
jointly, by mutual agreement, appoint another professional engineer
licensed as such in the Commonwealth of Pennsylvania to review the
said expenses and make a determination as to the amount thereof which
is reasonable and necessary.
(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 Borough and applicant cannot
agree upon the professional engineer to be appointed within 20 days
of the billing date, then, upon application of either party, the President
Judge of the Court of Common Pleas of the judicial district in which
the Borough is located (or if at the time there be no President Judge,
then the senior active judge then sitting) shall appoint such engineer,
who, in that case, shall be neither the Borough Engineer nor any professional
engineer who has been retained by, or performed services for, the
Borough or the applicant within the preceding five years.
(5)
The fee of the appointed professional engineer for
determining the reasonable and necessary expense 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 Borough shall pay the fee of the professional engineer,
but otherwise the Borough and the applicant shall each pay 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 Borough Council is hereby
granted 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 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 developer, or both,
shall be used solely for the installation of the improvements covered
by such security, and not for any other Borough purpose.
Changes in this chapter shall affect plats as
follows:
A.
From the time an application for approval of a plat,
whether preliminary or final, is duly filed as provided in this chapter,
and while such application is pending approval or disapproval, no
change or amendment of this chapter, zoning or other governing ordinance
or plan shall affect the decision on such application adversely to
the applicant, and the applicant shall be entitled to a decision in
accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly approved. The applicant
shall be entitled to final approval in accordance with the terms of
the approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
B.
When an application for approval of a plat, whether
preliminary or final, has been approved without conditions or approved
by the applicant's acceptance of conditions, no subsequent change
or amendment in this chapter, zoning or other governing ordinance
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval.
C.
Where final approval is preceded by preliminary approval,
the aforesaid five-year period shall be counted from the date of the
preliminary approval. In the case of any doubt as to the terms of
a preliminary approval, the terms shall be construed in the light
of the provisions of this chapter or the governing ordinance or plans
as they stood at the time when the application for such approval was
duly filed.
D.
Where the landowner has substantially completed the
required improvements as depicted upon the final plat within the aforesaid
five-year limit, or any extension thereof as may be granted by the
Borough Council, no change of any ordinance or plan enacted subsequent
to the date of filing of the preliminary plat shall modify or revoke
any aspect of the approved final plat pertaining to zoning classification
or density, lot, building, street or utility location.
E.
In the case of a preliminary plat calling for the
installation of improvements beyond the five-year period, a schedule
shall be filed by the landowner with the preliminary plat delineating
all proposed sections as well as deadlines within which applications
for final plat approval of each section are intended to be filed.
Such schedule shall be updated annually by the applicant on or before
the anniversary of the preliminary plat approval, until final plat
approval of the final section has been granted and any modification
in the aforesaid schedule shall be subject to approval of the Borough
Council in its discretion.
F.
Each section in any residential subdivision or land
development, except for the last section, shall contain a minimum
of 25% of the total number of dwelling units as depicted on the preliminary
plan, unless a lesser percentage is approved by the Borough Council
in its discretion. Provided the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plat approval,
including for the various sections, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plat within five years shall apply and for any section or
sections beyond the initial section in which the required improvements
have not been substantially completed within said five-year period,
the aforesaid protections shall apply for an additional term or terms
of three years from the date of final plat approval for each section.
G.
Failure of landowner to adhere to the aforesaid schedule
of submission of final plats for the various sections shall subject
any such section to any and all changes in this chapter, zoning, and
other governing ordinances enacted by the Borough subsequent to the
date of the initial preliminary plan submission.
