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.
B.
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.
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
city. 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 city. All streets shall be lined or striped
to include appropriate center line striping, berm striping, crosswalk striping
and stop line designation striping. Such striping shall conform to existing
Pennsylvania Department of Transportation and city 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.
Depending upon location, traffic pattern(s), projected traffic volume,
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 city streets or, with the approval
of the Pennsylvania Department of Transportation, at intersections of proposed
subdivision streets and state-controlled streets.
A.
Minor streets and collector streets. On a properly rolled
and crowned subgrade there shall be constructed an eight-inch, when compacted,
water-bound stone base course conforming to all existing Pennsylvania Department
of Transportation specifications then in effect. On the base course shall
be emplaced a two-inch binder using No. 2 stone emplaced through the use of
a paving machine followed by the application of a one-inch wearing course
using RC 800 or other wearing course conforming to the then-existing standards
of the Pennsylvania Department of Transportation. Concrete may be substituted
upon prior approval of the city.
B.
Arterial streets.
(1)
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.
(2)
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.
C.
Berms. All berms required under the terms of this chapter
or at the direction of the Council shall be properly graded, emplaced and
rolled stone three (3) inches in depth.
D.
Private streets. All private streets shall be constructed in accordance with this section or bonded in accordance with § 185-44 of this chapter prior to approval of the final plan.
E.
Streetlights. Depending on location, traffic pattern,
pedestrian usage and other relevant factors, the Council may require placement
of streetlights at each corner of every intersection.
F.
Street signs. Street name signs shall be placed at one
(1) corner of every intersection. The design must be according to city specifications.
G.
Street trees. The Planning Commission or Council may
require planting of shade trees to conform to the following specifications:[1]
(1)
The trees shall be located between the sidewalk and building
setback line and at least five (5) feet from the sidewalk. Trees shall be
planted between the sidewalk and curb only if the curb and the sidewalk are
at least ten (10) feet apart.
(2)
Each tree shall be at least eight (8) feet in height
and have a diameter of at least one and one-half (1 1/2) inches.
A.
In any proposed subdivision or land development with
an average lot size or area per dwelling unit of fifteen thousand (15,000)
square feet or less or where any subdivision is immediately adjacent to or
within one thousand (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.
B.
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 eighty (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.
C.
Curbs shall be provided in all streets and parking compounds
located within multifamily development projects.
D.
In areas where curbing is not required, berm and suitable
gutters shall be installed to avoid erosion.
E.
All curbs shall be constructed of portland cement concrete.
The construction of vertical curbs shall conform to the requirements of Section
715, Plain Cement Concrete Curb, Type A, of the Pennsylvania Department of
Transportation or as amended. Slanted or rolled curbs and gutter-type curbs
may be constructed.
A.
In any proposed subdivision or land development with
an average lot size or area per dwelling unit of fifteen thousand (15,000)
square feet or less or where a subdivision is immediately adjacent to or within
one thousand (1,000) feet of any existing or recorded subdivision having sidewalks,
sidewalks shall be on each side of the street in accordance with city specifications,
unless the developer can establish specific facts which obviate the need for
sidewalks in the particular development or subdivision.
B.
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.
(1)
Sidewalks shall be within the right-of-way of the street
and shall extend in width from the right-of-way line toward the curbline.
(2)
Sidewalks must be at least four (4) feet wide. In the
vicinity of shopping centers, schools, recreation areas and other such facilities,
sidewalks must be at least five (5) feet wide and located within the street
right-of-way.
(3)
Sidewalks shall be constructed according to Pennsylvania
Department of Transportation standards.
A.
Private and on-site sewer systems.
(1)
All properties shall be connected to a public sanitary
sewer system if possible.
(2)
Where a public sanitary sewer system is not accessible
but is proposed for extension within five (5) years to the development or
exists to within one thousand (1,000) 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 Resources or other
similar body working in conjunction with the city has considered providing
such service to the location in light of the sewer needs of the area. No binding
agreement 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.
(3)
If no public system is either proposed within five (5)
years or exists within one thousand (1,000) feet of the development, the Council
may require that a study be prepared to determine the feasibility of construction
of a separate private system or treatment facility or connecting to an existing
private system over one thousand (1,000) feet away.
(a)
Upon completion of any sanitary sewer system installation,
the plan for the system as built shall be filed with the city and the appropriate
sewage authority.
(b)
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 Resources regulations.
B.
Private and on-site water systems.
(1)
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 one thousand (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.
(2)
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.
(3)
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 Resources. Upon completion of any water supply
system, the plan for the system as built shall be filed with the city and
the Municipal Authority.
(4)
Where none of the above alternatives are possible or
feasible, an individual water supply system shall be installed.
(a)
The water supply yield shall be adequate for the type
of development proposed as certified by a registered engineer.
(b)
The installation of such systems shall not endanger or
decrease groundwater supplies of adjacent properties.
(c)
Any such individual system shall meet any applicable
Pennsylvania Department of Environmental Resources regulations.
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 six hundred (600) feet or as specified by the Middle Association of Fire
Underwriters.
A.
General standards.
(1)
Whenever the evidence available to the city indicates
that natural surface drainage is inadequate, the developer shall install storm
sewers, culverts and related facilities as necessary to:
(a)
Permit the unimpeded flow of natural watercourses.
(b)
Ensure the drainage of all low points along the line
of streets.
(c)
Intercept stormwater runoff along streets at intervals
reasonably related to the extent and grade of the area drained.
(d)
Provide positive drainage away from on-site disposal
facilities.
(2)
Storm sewers shall not be connected to sanitary sewers.
(3)
Stormwater drainage facilities which receive water from
drainage areas in excess of one hundred (100) acres shall be subject to the
approval of the Pennsylvania Department of Environmental Resources, 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.
B.
Design.
(1)
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.
(2)
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 until provision
is made for the improvement of said condition.
C.
Existing facilities. Where existing storm sewers are
reasonably accessible and of sufficient capacity, the developer must connect
stormwater facilities to these existing storm sewers.
D.
Abutting properties.
(1)
In the design of storm drainage facilities, special consideration
must be given to preventing excess runoff onto adjacent developed or undeveloped
properties. In no case may a change be made in the existing topography which
would:
(a)
Increase the slope to more than one (1) foot of vertical
measurement for three (3) feet of horizontal measurement for fills or one
(1) foot of vertical measurement for two (2) feet of horizontal measurement
for cuts within a distance of twenty (20) feet from the property line unless
an adequate retaining wall or other structure is provided.
(b)
Result in a slope which exceeds the normal angle of slippage
of the material involved.
(2)
All slopes must be protected against erosion.
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 Resources pertaining to erosion and sedimentation.
It shall be the responsibility of the applicant to secure approval of the
Department of Environmental Resources. Approval of plans by the city shall
not be construed as approval under such regulations.
A.
The source of floodplain delineation shall be the Flood
Insurance Study for the City of New Kensington, Westmoreland County, Pennsylvania,
as prepared by the United States 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]
[2]
Editor's Note: The map is on file in the city offices.
B.
All floodplain regulations as apply to and are set forth in Chapter 236, Zoning, or other ordinances of the city are hereby adopted by reference as if fully set forth at length herein.
C.
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.
D.
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 center line of the stream
channel. Floodplain lines need not be identified by distances and bearings.
E.
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
(1) foot at any point.
F.
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.
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 an underground electric and telephone system in accordance with
the Pennsylvania Public Utility Commission Investigation Docket No. 99, as
amended, or has obtained a waiver from said Pennsylvania Public Utility Commission
to allow overhead electric and telephone facilities.
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 center line of such petroleum or petroleum
products transmission line. The information so gathered shall be appropriately
noted on the plan.
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.
A.
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, 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.
B.
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 city of financial security acceptable to the city in an amount
sufficient to cover the cost of such improvements or common amenities, plus
ten percent (10%) of the cost of completion estimated as of ninety (90) days
following the date scheduled for completion. Annually, the city may adjust
the amount of financial security required as provided in the Pennsylvania
Municipalities Planning Code.[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
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 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.
D.
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 or 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 ninety
(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.
E.
In the event that 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.
F.
The amount of financial security shall be determined
in accordance with the provisions of 53 P.S. § 10509(f) and (g)
of the Pennsylvania Municipalities Planning Code.
G.
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 municipal
authority separate and distinct from the city, then financial security to
assure 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 provided
in this section.
A.
When the developer has completed all the necessary and
appropriate improvements, he shall notify the City Council, in writing, by
certified or registered mail, of such completion, and the developer shall
simultaneously notify the City Engineer, in writing, of the completion of
said improvements.
B.
The City Council shall, within ten (10) days after receipt
of such notice, direct and authorize the City Engineer to inspect all of the
aforesaid improvements.
C.
The City Engineer shall thereupon file a report, in writing,
with the City Council and shall promptly mail a copy of the same to the developer
by certified or registered mail.
D.
Said report shall be mailed by the City Engineer within
thirty (30) days after receipt of authorization from the City Council.
E.
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
City Engineer, said report shall contain a statement of reasons for such nonapproval
or rejection.
F.
The City Council shall notify the developer within fifteen
(15) days of receipt of the City Engineer's report, in writing, by certified
or registered mail, of the action of the city with relation thereto.
G.
If all or any portion of the improvements shall not be
approved or shall be rejected by the City Council, the developer shall proceed
to complete the same and, upon completion, the same procedure of notification
as outlined above shall be followed.
H.
Where reference is made herein to the City Engineer,
he shall be considered as a consultant to the city.
A.
The applicant or developer shall pay to the city the
expenses incurred by the city for all reasonable and necessary expenses incurred
by the city for the inspection of the improvements. Such schedule of fees
shall be as established by the City Council by resolution.
B.
In the event that the applicant or developer disputes
the amount of any such expense, the applicant shall proceed in accord with
53 P.S. § 10510(g)(1) through (5) of the Pennsylvania Municipalities
Code.
In the event that any required improvements have not been installed
as provided herein, the City 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 city 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.
Prior to acceptance of some or all of the required improvements following
completion, the subdivider or developer shall post with the city 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 eighteen (18) months from the date of acceptance
of dedication. The amount of said financial security shall be as determined
by the City Council but shall not exceed fifteen percent (15%) of the actual
cost of the installation of said improvements.
Upon installation by the developer and subsequent inspection by the
City Engineer, the developer shall take final steps to dedicate the improvements
and have them accepted by the city. The recording of the final plan, following
approval by the City 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 city concerning maintenance or improvement
until the proper authorities of the city have made actual acceptance by ordinance.
