Part 5
Required Improvements

§22-501 Introduction.

Minimum improvements and construction standards required of all subdivisions shall be as set forth in this Part, and as listed in Table 22-5-3. Where not set forth, they shall be in accordance with the prevailing standards as established by the Borough Engineer. Alternate improvement standards may be permitted if the Borough 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 Planning Commission recommends it necessary to create conditions essential to the health, safety, morals, and general welfare of the citizens of the Borough.

(Ord. 465, 1/8/1979, §501)

§22-502 Monuments and Markers.

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.

A.    Monuments shall be readily visible and shall be set at the intersection of all lines forming angles in the boundary of the subdivision. Monuments may be of the following two types:

(1)    Cut stone 4 inches by 4 inches by 36 inches long with a drill hole in the center.

(2)    Concrete 4 inches by 4 inches by 36 inches long properly marked at the center.

B.    The proposed replacement of any existing monuments shall be clearly indicated on the final plan.

C.    Iron pin markers shall be set at the beginning and ending of all curves along street property lines, at all points where lot lines intersect curves, either front or rear; at all angles in property lines of lots; at all corner lots, markers shall consist of steel pipe at least 18 inches long and not less than ¾ inch in diameter.

(Ord. 465, 1/8/1979, §502)

§22-503 Street Pavement, Curbs, and Sidewalks.

1.    Basic Improvement Requirements. The provision of street pavement curbs, and sidewalks on all proposed or required public streets shall be as shown on Table 22-5-3. All streets shall be graded, surfaced, and improved to the grades and dimensions shown on plans, profiles and cross-sections submitted by the subdividers.

 

Table 22-5-3 Basic Improvement Requirements for Street Pavements, Curbs, Sidewalks and Shoulders (a)
		Type of Subdivision
		Residential Lot Area (Sq Ft.) Per Unit
Type of Street	Nonresidential	Under 5,000	5,000 to 9,999	10,000 to 19,999	20,000 and over
Arterial and Connector Street
Pavement width and type curb type required	40'-.1.A .2.A, .2.C, .2.D	40'-.1.A .2.A, .2.C, .2.D	40'-.1.A .2.A, .2.C, .2.D	32'-.1.A .2.A, .2.C, .2.D	32'-.1.A
Shoulder width (each side) sidewalk width and type	– 8'-.3.A	– 6'-.3.A	– 5'-.3.A	– 4'-.3.A	– –
Collector Street
Pavement width and type curb type required	40'-.1.A .2.A, .2.C, .2.D	36'-.1.A .2.A, .2.B, .2.C, .2.D	32'-.1.B .2.A, .2.B, .2.C, .2.D	32'-.1.A .2.A, .2.B, .2.C, .2.D	32'-.1.A, .B
Shoulder width (each side) sidewalk width and type	– 6'-.3.A	– 5'-.3.A	– 4'-.3.A	– –	6' –
Minor Street
Pavement width and type curb type required	36'-.1.A .2.A, .2.C, .2.D	32'-.1.A .2.B, .2.C	32'-.1.A, .2.B, .2.C	32'-.1.A, .B	32'-.1.A, .B
Shoulder width (each side) sidewalk width and type	– 5'-.3.A	– 4'-.3.A	– 4'-.3.A	– –	– –
Footnotes: The subsection citations in the Table refer to the proposed construction standards of the Borough Engineer listed in §22-504, Construction Standards.

2.    Table 22-5-3 specifies those improvements which are the responsibility of the subdivider. In the case of arterial streets the Pennsylvania Department of Transportation or the Borough may provide an additional improvement over and above those required to be installed by the subdivider.

(Ord. 465, 1/8/1979, §503)

§22-504 Construction Standards.

1.    Street Pavement.

A.    Two and one-half inches of ID-2 surface course placed over a stone base course, both in accordance with the latest specifications of the Pennsylvania Department of Transportation. The thickness of the stone base course after complete compaction shall be 12 inches for arterial and connector streets, 8 inches for collector streets and 6 inches for minor streets. An acceptable alternate is 6 inches of reinforced concrete with no base required.

B.    Two inches of CP-2 surface course in accordance with the latest specification of the Pennsylvania Department of Transportation placed over 6 inches of run-off-bank gravel in accordance with the specifications of the Commission Borough Engineer. [Ord. 825]

2.    Curb Types.

A.    Plain cement concrete curb 8 inches at the top, 9 inches at the bottom and 24 inches in height with the slope to the street side.

B.    Seven inches top, 8 inches bottom. Twenty two inches height with slope to street side.

C.    Pennsylvania Department of Transportation standard curb.

D.    Stone curb, 7 inches wide by 24 inches high by 6 feet long.

3.    Sidewalks.

A.    Concrete sidewalk–4 inches in thickness, placed on 4 inches cinder or crushed stone base.

(Ord. 465, 1/8/1979, §504; as amended by Ord. 825, 10/3/2016, §7(B))

§22-505 Water Supply.

1.    Provision of Water Supply. All subdivisions shall be provided with a complete water distribution system, including a connection for each lot in accordance with present extension deposit agreements.

2.    Location of Water Lines. All public lines shall be located and installed between the curb line and the property line within any street right-of-way.

3.    Location of Water Facilities in Designated Floodplain Districts. All water systems located in any designated Floodplain District, whether public or private, shall be floodproofed up to the regulatory flood elevation. [Ord. 521]

(Ord. 465, 1/8/1979, §505; as amended by Ord. 521, 11/15/1982, §5)

§22-506 Sanitary Sewer System.

1.    Public Sewer System. Sanitary sewers shall be installed to adequately serve all lots with connections to the public system in accordance with existing contractual practice.

2.    Location of Sewer Lines. Sanitary sewers shall be located as nearly to the centerline of any street right-of-way as is reasonably possible and all such sewer lines shall provide service connections to the property line of each lot, said service connections being properly capped.

3.    Type of Sewer System. No combined sanitary and storm sewer systems will be permitted.

4.    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.

5.    Location of Sanitary Sewer Systems in Designated Floodplain Districts. All sanitary sewer systems located in any designated Floodplain District, whether public or private, shall be floodproofed up to the regulatory flood elevation. [Ord. 521]

(Ord. 465, 1/8/1979, §506; as amended by Ord. 521, 11/15/1982, §6)

§22-507 Stormwater Facilities.

1.    Provision of Stormwater Facilities. Adequate stormwater detention basins and facilities, retention basins and facilities, or both types of basins and facilities shall be installed when provisions of the design standard section indicates a need for stormwater control.

2.    Where adequate existing storm sewers are readily accessible, the subdivider must connect his stormwater facilities to these existing storm sewers.

3.    Construction Standards. All drainage structures, culverts, boxes, grates, detention basins, retention basins, and other facilities shall conform to the current specifications of the Pennsylvania Department of Transportation, or other Commonwealth agency, as approved by the Borough Engineer.

(Ord. 465, 1/8/1979, §507; as amended by Ord. 650, 11/30/1995, §3(j))

§22-508 Fire Hydrants.

Fire hydrants shall be installed, acceptable to the Water Authority, within 600 feet of all existing and proposed structures, measured along accessible streets (as specified by the Middle Department Association of Fire Underwriters).

(Ord. 465, 1/8/1979, §508)

§22-509 Street Lighting and Installation.

The subdivider must provide an easement for any street lights installed or for future street lighting installation.

A.    In subdivisions where five or more lots are proposed to be subdivided, electric, telephone and all other utility facilities shall be installed underground unless in the opinion of the Planning Commission, special conditions require otherwise. The subdivider shall also be required. prior to Borough approval, to obtain a letter from the appropriate utility company confirming that the subdivider has entered into an agreement to provide for an underground electric system in accordance with the Pennsylvania Public Utility Commission Investigation Docket #99, as amended from time to time, or has obtained a waiver from said Pennsylvania Public Utility Commission to allow overhead electric facilities.

(1)    Where electric service is supplied by under ground methods, the subdivider shall provide and install the facilities for a street lighting system, consisting of cable and ducts (or conduits), and standards and foundations. Plans for the placement shall be approved by the appropriate public utility company and Borough Council.

(2)    When installation is completed and approved, the Borough will assume ownership of said street lighting system and contract with the appropriate public utility for the installation and maintenance of luminaries.

(Ord. 465, 1/8/1979, §509)

§22-510 Other Utilities.

1.    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.

2.    Gas Transmission Lines. When any subdivider proposes to provide gas transmission lines within a subdivision, said gas transmission lines shall be installed between the curb line and the property line of any street right-of-way located on the opposite side of the street from water lines.

3.    Location of Other Utilities in Designated Floodplain Districts. All other public and/or private utilities and facilities including gas, electric, telephone and television, shall be elevated or floodproofed up to the regulatory flood elevation. [Ord. 521]

(Ord. 465, 1/8/1979, §510; as amended by Ord. 521, 11/15/1982, §7)

§22-511 Procedure for Installation of Required Improvements.

1.    Method to Be Followed. After approval of the preliminary plan, the subdivider shall install the improvements required by this Chapter. No formal plan shall be finally approved unless all required improvements have been installed, unless compliance with subsection .2 of this Section is met.

2.    In lieu of the completion of any improvements required as a condition for final approval of a final plan, a developer may execute an agreement with the Borough and deposit financial security in an amount sufficient to cover the full cost of installing the required improvements as estimated by the method stated herein The minimum requirements of the financial security are as follows.

A.    The financial security shall be as the Borough Council may deem to be acceptable including, but not limited to, a bond, irrevocable letters of credit from Federal or Commonwealth chartered lending institutions, or restrictive or escrow accounts in such lending institutions. so long as such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the subdivider, provided the bonding company or lending institution is authorized to conduct such business within the Commonwealth.

B.    The financial 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 any accompanying agreement for completion of the improvements.

C.    The financial security shall be payable to the Borough.

D.    In order to facilitate financing, the Borough Council shall, when requested by the subdivider, furnish the subdivider with a signed copy of a resolution indicating approval of the final plan contingent upon the subdivider obtaining satisfactory financial security. The final plan shall not be signed or recorded until the financial improvements agreement is executed. The resolution shall 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, which extension shall not be unreasonably withheld and shall be placed in writing at the request of the subdivider.

E.    The amount of financial security to be posted for the completion of the required improvements shall be equal to 110 percent of the cost of completion estimated as of 90 days following the date scheduled for completion by the subdivider. 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 subdivider to post additional security in order to assure that the financial security equals said 110 percent. Any additional security shall be posted by the subdivider in accordance with this Section of this Chapter.

F.    The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the subdivider 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 recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the subdivider 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 subdivider. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. Fees for the services of a third engineer shall be paid equally by the Borough and the subdivider.

G.    If the party posting the financial security requires more than 1 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 percent for each 1-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110 percent of the cost of completing the required improvements as reestablished on or about the expiration of the preceding 1-year period by using the above bidding procedure.

H.    Where development is projected over a period of years, the Borough may authorize submission of the final plan by sections or stages of development, subject to such requirements or guarantees as to improvements in future sections or stages as it finds essential for the protection of any finally approved section of the development.

I.    As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough to release or authorize the release of, 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 Borough, and the Borough shall have 45 days from receipt of such request within which to allow the Borough Engineer to certify in writing to the Borough that such portion of the work has been completed in accordance with the final plan. Upon such certification, the Borough shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the improvements completed or, if the Borough fails to act within said 45-day period, the Borough shall be deemed to have approved the release of funds as requested. The Borough may, prior to final release at the time of completion and certification by its engineer, require retention of 10 percent of the estimated cost of the improvements.

3.    The subdivider shall specify a satisfactory completion date for the improvements, which shall not be later than 3 years from the date of approval of the final plan.

4.    Release from financial security shall occur as follows:

A.    When all the required improvements are completed, the subdivider shall notify the Borough Council in writing by certified or registered mail of the completion and shall send a copy thereof to the Borough Engineer. The Borough shall, within 10 days after receipt of the notice, direct and authorize the Borough Engineer to inspect all the improvement. The Borough Engineer shall, thereupon, file a report in writing with the Borough and shall promptly mail a copy of the same to the subdivider by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer of the Borough’s authorization. The report shall be detailed, shall indicate approval or rejection of the improvements, either in whole or in part, and shall indicate reasons for any non-approval or rejection.

B.    Within 15 days of receipt of the engineer’s report, the Borough Council shall notify the subdivider in writing by certified or registered mail of the action of the Borough Council.

C.    If the Borough Council or Borough Engineer fails to comply with the time limits designated in this Section, all improvements will be deemed to have been approved, and the subdivider shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.

D.    If any of the improvements shall not be approved or shall be rejected, the subdivider shall proceed to complete them and, upon completion, the same procedure of notification as outlined in this Section 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 Borough Engineer.

F.    Where reference herein is made to the Borough Engineer, he shall be as a consultant to the Borough.

G.    The Borough shall be reimbursed for its reasonable and necessary expenses incurred for the inspection of the improvements. This reimbursement shall be based upon a schedule established by resolution of the Borough Council. The expenses 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 the fees are not reimbursed by or otherwise imposed upon the subdivider.

(1)    If the subdivider disputes the amount of any expense in connection with the inspection of improvements, the subdivider shall, within 10 working days of the date of the billing, notify the Borough that such expenses are disputed as unreasonable and unnecessary, in which case the Borough shall not, because of this dispute, delay or disapprove a subdivision or land development application or any approval or permit related to development.

(2)    If within 20 days from the date of billing, the Borough and subdivider cannot agree on the amount of expenses which are reasonable and necessary, then the Borough and subdivider shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth to review the expenses and make a determination of the amount which is reasonable and necessary.

(3)    This professional engineer shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and shall render a decision within 50 days of the billing date. The subdivider shall be required to pay the entire amount determined in the decision immediately.

(4)    If the Borough and the subdivider cannot agree upon the professional engineer to be appointed within 20 days of the billing date, the, upon application of either party, the President Judge (or, if none, the senior active judge then sitting) of the Court of Common Pleas of the 17th Judicial District shall appoint the professional engineer, who, in that case, shall be neither the Borough Engineer nor any professional engineer who has been retained by or has performed services for the Borough or the subdivider within the preceding 5 years.

(5)    The fee of the appointed professional engineer deciding the dispute shall be paid by the subdivider if the amount of payment required in the decision is equal to or greater than the original bill, by the Borough if the amount is less than the original bill by $1,000 or more, or one-half each by the subdivider and the Borough if the amount is otherwise.

5.    Remedies to Effect Completion of Improvements. If any required improvements have not been installed; the financial security shall be forfeited to the Borough and used for the completion of the improvements. If the proceeds of the financial security are insufficient to pay the full cost of installing or making repairs or corrections to the improvements covered by the security, the Borough Council may, at its option, install part of the 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 from the security or from any legal or equitable action or both, shall be used solely for the installation of the improvements covered by the security and not for any other municipal purpose.

(Ord. 465, 1/8/1979, §511; as amended by Ord. 650, 11/30/1995, §3(k), (l))

§22-512 Maintenance Bond.

Where the Borough accepts dedication of all or some of the improvements after completion, the Borough may require the posting of financial security to secure the structural integrity and functioning of those improvements in accordance with the design and specifications depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. This financial security shall be of the same type as otherwise required in §22-511, and the amount of the financial security shall not exceed 15 percent of the actual cost of installation of the improvements.

(Ord. 465, 1/8/1979, §512; as amended by Ord. 650, 11/30/1995, §3(m))