Municipality of Kingston, PA
Luzerne County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Kingston (now Town Council of the Municipality of Kingston) 7-5-1967. Amendments noted where applicable.]

§ 158-1 Authority and limits of regulations.

A. 
Boroughs empowered to adopt regulations. For the purpose of assuring sites suitable for building purposes and human habitation and to provide for the harmonious development of boroughs; for the coordination of existing streets with proposed streets, parks or other features of the official street plan of the borough; for ensuring adequate open spaces for traffic, recreation, light and air; and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens, any borough is hereby empowered to adopt, by ordinance, land subdivision regulations. Such regulations may include definitions, design standards, plan requirements, plan processing procedures, improvement and construction requirements and conditions of acceptance of public improvements by the borough.
B. 
Subdivision control. Where subdivision regulations have been adopted under the authority of this chapter, no subdivision of any lot, tract or parcel of land shall be effected, no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon, except in strict accordance with the provisions of such regulations.
C. 
Sale of lots; issuance of building permit or erection of building. Where subdivision regulations have been adopted under the authority of this chapter, no lot in a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected in a subdivision, unless and until a subdivision plan has been approved and, where required, recorded, and until the improvements required by the Council in connection therewith have either been constructed or guaranteed, as hereinabove provided. Where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship, the Council may make such reasonable exception thereto as will not be contrary to the public interest, and may permit the sale of a lot, issuance of a permit or erection of a building, subject to conditions necessary to assure adequate streets and other public improvements.

§ 158-2 Objectives.

In the enactment of these regulations, the Council proposes to accomplish the following objectives of promoting the health, safety, morals, convenience, order, prosperity or welfare of the present and future inhabitants of Kingston Borough:
A. 
To set up a standard set of minimum regulations to guide subdividers, architects, landscape architects, land planners and engineers in the design and development of subdivisions.
B. 
To provide protection for the lot purchasers and the local governments in the installation of proper utilities and improvements by the subdivider.
C. 
To provide adequate light and air by controlling lot size, preventing, on one hand, excessive concentration of population and, on the other hand, excessive and wasteful scattering of population.
D. 
To reduce waste of excessive amounts of roads through poor design or excessive costs of roads or grading of lots by not fitting the roads to the contour of the land.
E. 
To secure safety from fire and other dangers.
F. 
To make adequate provision for transportation, water flowage, water supply, drainage, sanitation, educational opportunities, recreation, protection of the tax base, securing economy in governmental expenditures and the protection of both urban and nonurban developments.

§ 158-3 Title.

The official name of these regulations shall be the "Subdivision Regulations of Kingston Borough, Pennsylvania."

§ 158-4 Definitions.

A. 
Word usage. For the purpose of this chapter, words used in the present tense include the future tense; the term "shall" is always mandatory; other terms or words used herein shall be interpreted or defined as follows.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ALLEY
A permanent service way providing a secondary means of access to abutting lands.
BLOCK
Property bounded on one side by a street, and the other three sides by a street, railroad right-of-way, waterway, unsubdivided area or other definite barrier.
BOROUGH COUNCIL OR COUNCIL
The Kingston Borough Council of Luzerne County, Pennsylvania.[1]
BUILDING SETBACK LINE
The minimum distance from the front lot line to any building or structure to be erected on the lot.
COMMISSION, PLANNING COMMISSION OR BOROUGH PLANNING COMMISSION
The Kingston Borough Planning Commission of Luzerne County, Pennsylvania.
COUNTY
Luzerne County, Pennsylvania.
COUNTY PLANNING COMMISSION
The Luzerne County Planning Commission of Luzerne County, Pennsylvania.
CUL-DE-SAC (COURT OR DEAD-END STREET)
A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
EASEMENT
A grant by the property owner to the use of a strip of land by the public, a corporation or persons for specified purposes.
ENGINEER
The person designated by the Council by resolution for the purposes of these regulations.
LOT
A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development.
PLAN OR PLAT
A map or chart indicating the subdivision or resubdivision of land, intended, in its final state, to be filed for record.
STREET
A right-of-way which affords the principal means of access to abutting property. A "street" may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, place or other appropriate name. A "street" may also be identified according to type of use, as follows:
(1) 
Those streets intended for large volumes of traffic movement. Certain arterial streets may be classified as business streets, parkways and primary or secondary arterials, and others as limited access highways, to which entrances and exits are provided only at controlled intersections with no access to abutting properties.
(2) 
Important streets planned to facilitate the collection of traffic from minor streets and to provide circulation within neighborhood areas and convenient ways for traffic to reach arterial streets.
(3) 
Those streets intended primarily to provide access to abutting residential properties. Certain "minor streets" may be culs-de-sac, and others may be marginal access streets, parallel arterial streets which provide access to abutting property and ways for traffic to reach access points on arterial streets.
SUBDIVIDER
An individual, partnership or corporation (or agent thereof) that undertakes the activities covered by these regulations.
(1) 
The division of a single lot, tract or parcel of land, or a part thereof, into two or more lots, tracts or parcels of land, including changes in street lines or lot lines, for the purpose, whether immediate or future, of transfer of ownership or of building development; provided, however, that divisions of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall not be included within the meaning of "subdivision."
(2) 
The term "subdivision," includes the resubdivision of any lot into two or more lots or portions of lots.
(3) 
Any development of a parcel of land (for example, as a shopping center or a multiple-dwelling project) which involves installation of streets, and/or alleys, even though the streets and alleys may not be dedicated to public use and parcel may not be divided immediately for purposes of conveyance, transfer or sale.
[1]
Editor's Note: The governing body is now the Town Council of the Municipality of Kingston.

§ 158-5 Procedure.

A. 
Preliminary considerations.
(1) 
Regulatory.
(a) 
Grading; recording deeds. No person, firm or corporation proposing to make or have made a subdivision within the area of jurisdiction of this chapter shall proceed with any grading before obtaining from the Council the approval of the preliminary plan of the proposed subdivision, and no lots shall be delivered or agreements for sale made for lots in any subdivision before obtaining from the Commission the approval of the final plan of the proposed subdivision.
(b) 
Conformity with comprehensive plan. The layout of the proposed subdivision shall be in general conformity with features or developments portrayed (or shown) on the Comprehensive Plan of Kingston Borough.
(c) 
Access; drainage; geology. No land shall be subdivided for residential use unless adequate access to the land over adequate streets or thoroughfares exists or will be provided by the subdivider, or in case such land is considered by the Council to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography or any other feature harmful to the health and safety of possible residents and the community as a whole.
(d) 
The design standards, required improvements and plan requirements set forth in §§ 158-6, 158-7 and 158-8 of this chapter shall be followed.
(2) 
Advisory. In order to make the most of the opportunities related to the subdivision and to conserve time, effort and expense, the owner or subdivider should consult with the Engineer, Commission, Council and other relevant public officials prior to the preparation of the tentative plan of the subdivision; this informal review should prevent unnecessary and costly revisions. The Comprehensive Plan should be reviewed to determine how the proposed subdivision will fit into that plan. Requirements for land use and zoning; thoroughfares; school and recreational sites; shopping centers; community facilities; sanitation, water supply and drainage; and the relationship to other developments, existing and proposed, in the vicinity, should be determined in advance of the preparation of the subdivision plan. The subdivider should contact the Federal Housing Authority, if he contemplates obtaining Federal Housing Authority insurance, to determine whether any of their requirements, particularly road construction, are of a higher standard than required in the regulations. A thorough estimate of the situation will result in sound decisions with respect to the form, character and extent of the proposed subdivision.
B. 
Applications for approval.
(1) 
Preliminary plan.
(a) 
Submission. A subdivider desiring approval of a plan of a subdivision of any land lying within the jurisdiction of the Council shall submit a written application accompanied by six copies of the preliminary plan, together with two copies of profiles, cross sections, percolation data and other necessary material which plan shall be referred by the Council to the Planning Commission of the borough for recommendations.
(b) 
Approval. After an application for approval of a preliminary plan of a subdivision has been filed, the Commission will send one copy to the Engineer, one copy to the County Planning Commission and two copies to the Pennsylvania State Department of Health, notifying them of the date of the meeting at which they will be considered. Upon receipt of recommendations from the Engineer, County Planning Commission and the Health Department, if the same has been received within a period of 14 days of such transmittal, or such reasonable further time as may be requested by the Engineer, County Planning Commission or Health Department, the Commission shall make its recommendation in writing and forward it to the Council, who shall review the application and shall approve the plan proposed in the application, subject to its receipt of an acceptable final plan, or shall conditionally approve or disapprove the plan, setting forth its reason in its own records and providing the applicant with a copy. If it is disapproved, the subdivider shall submit a new preliminary plan.
(c) 
Improvements. The subdivider, after the approval of the preliminary plan, shall secure from the appropriate authorities the necessary permits to proceed with the street and other improvements to be required by the final plan; or, in lieu of this, post with the Council a certified check or bond as required by § 158-8B(4) of this chapter running to the governing body of the municipality in which the subdivision is located, sufficient to cover the full cost of said improvements as estimated by the Council, to ensure the satisfactory performance of said improvements to be completed within a reasonable time fixed by the Council.
(2) 
The final plan.
(a) 
Submission. The subdivider, upon completion of all improvements required by this chapter or the posting of a certified check or surety bond as above provided, shall file with the Council the final or record plan of the subdivision for final approval, which plan shall conform in every respect with the requirements specified in § 158-8 of this chapter. Six black line or blue prints, and a reproducible tracing in waterproof ink or tracing cloth, of the final or record plan shall be submitted, accompanied by a deed to all lands to be dedicated to the public. The Council shall refer the plan of the subdivision to the Commission and the Engineer for recommendations.
(b) 
Checking. The Commission and/or the Engineer will examine the plan to ascertain whether the technical details of the plan itself have been checked and found satisfactory, and all required improvements have been satisfactorily completed, unless a surety bond or certified check has been filed for completion of the work as specified in § 158-8B(4) of this chapter.
(c) 
Approval. The Commission and Engineer, after said copy of the final plan has been checked and provided that the final plan is found to conform with the preliminary plan as approved, will make their recommendation in writing to the Council, who will approve the final plan and enter such approval thereon in writing.
(d) 
Offer of dedication and acceptance of streets.
[1] 
Streets, parks and other public improvements, shown on the subdivision plan to be recorded, may be offered for dedication to the borough by formal notation thereof on the plan, or the owner may note on such plan that any such improvements have not been offered for dedication to the borough.
[2] 
Where public improvements have been offered to the borough, the Council will take action on the proposed dedication. If the governing body shall not accept the public improvements, the subdivider has the right to amend said plot and resubmit it for approval to the Commission.

§ 158-6 Design standards.

The preliminary plan of the subdivision shall substantially conform to the following principles and standards of design:
A. 
The Council shall have the power to require the subdivider to provide for the reservation of schools, recreation areas or other public uses, either as part of a land use plan or as a new neighborhood; provided, however, that such showing or locating shall not of itself constitute or be deemed to constitute a taking or acceptance of the land by the Council. No persons shall be permitted to build within the lines of said public grounds, except as hereinafter provided. This reservation for public grounds shall lapse and become void one year after the owner of such property shall have notified the municipality in writing of his intention to build a structure for private use or made formal application for a building permit, unless the governing body shall have acquired the property or begun condemnation proceedings to acquire such property before the end of the one-year limitation.
B. 
Streets.
(1) 
The street and alley layout shall conform to the Thoroughfare Plan and to any plans adopted by the Commission for the development of the neighborhood in which the proposed subdivision is located and shall provide access to all lots and parcels of land within the subdivision. Where streets cross other streets, offsets shall not be created. The minimum distance between center lines of parallel or approximately parallel streets intersecting a cross street from the opposite directions shall be 120 feet.
(2) 
Proposed streets shall be adjusted to the contour of the land so as to produce usable lots.
(3) 
Where appropriate, proposed streets shall be extended to the boundary line of the tract being subdivided, so as to eventually provide for normal circulation of traffic within the vicinity.
(4) 
Reserved strips designed to prevent access to new streets shall be prohibited.
(5) 
Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided, the remainder of said street or alley to the prescribed width shall be platted within the proposed subdivision, where this would not adversely affect the proposed subdivision.
(6) 
Alleys shall ordinarily not be provided in residential districts but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes and, where platted, shall be at least 20 feet in width.
(7) 
The center lines of streets shall intersect as nearly at right angles as possible.
(8) 
At intersections of streets, the property line corners shall be rounded by arcs with radii of not less than 15 feet, or by chords of such arcs. For streets other than residential streets, the Council may require a larger radius.
(9) 
Street curbs or edges of pavement as street intersections shall be rounded off concentrically with property lines.
(10) 
At intersections of streets and alleys, the property line corners shall be rounded by arcs of at least 20 feet radii or by chords of such arcs.
(11) 
If the smaller angle of intersection of two streets is less than 60°, the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Council.
(12) 
Intersections of more than two streets at one point shall be avoided.
(13) 
Whenever the proposed subdivision contains or is adjacent to a railroad or a major highway and, particularly, a limited access highway, provision shall be made for a marginal access street, properly buffered by a planting strip from said railroad or highway, or a parallel street at a distance acceptable for the appropriate use of the land between the highway and such street, or by a series of culs-de-sac or short loops entered from and planned at right angles to such parallel street with the rear lines of their terminal lots abutting on the highway. Lots abutting a railroad or major highway in the rear shall have a rear yard with a minimum depth of 75 feet.
(14) 
Street and alley right-of-way widths. Streets other than residential streets shall have such right-of-way widths as are indicated on the Thoroughfare Plan, or as the Council shall deem to be necessary in view of the function and prospective traffic load of the particular street or part thereof. The minimum right-of-way width of residential streets shall be as follows:
(a) 
Collector street: 60 feet.
(b) 
Minor street: 50 feet.
(c) 
Alley: 20 feet.
(15) 
Horizontal visibility. Streets shall be so laid out that there will be unobstructed sight distances along the center lines thereof, measured from a point five feet above the proposed grade line, to permit horizontal visibility as follows:
(a) 
Limited access highways: to be determined by the Commission, but generally not less than 600 feet.
(b) 
Other major traffic streets: 600 feet.
(c) 
Collector streets: 300 feet.
(d) 
Minor streets: 150 feet.
(16) 
Between reversed curves on arterial streets, a tangent of not less than 200 feet shall be provided, and on feeder and residential streets such a tangent shall not be less than 100 feet.
(17) 
Street grades.
(a) 
Center line grades shall not exceed the following:
[1] 
Major traffic streets: 5%.
[2] 
Collector streets: 7%.
[3] 
Minor streets: 12%. In exceptional circumstances, 16%, may be permitted, at the discretion of the Council, for short distances on straight roads.
(b) 
Vertical curvature measured along the center line shall have a minimum radius as follows, unless topographic or other conditions are such that, in the circumstances of the particular case, the indicated radius is not feasible and the Council is of the opinion that a lesser radius would adequately protect the public interest:
[1] 
Limited access highways: 1,800 feet.
[2] 
Other major traffic streets: 1,000 feet.
[3] 
Collector streets: 300 feet.
[4] 
Minor streets: 100 feet.
(c) 
Minimum grade. The minimum grade of any street gutter shall not be less than five-tenths of one percent (5/10 of 1%) for cement concrete pavements or streets with cement concrete gutters and 1% for bituminous pavements.
(18) 
Pavement widths.
(a) 
Minimum pavement widths shall be as shown on the Thoroughfare Plan or, if not shown thereon, shall meet the following standards:
[1] 
Major traffic street: 40 feet.
[2] 
Collector street: 34 feet.
[3] 
Minor street:
[a] 
Minimum lot area below 15,000 square feet: 26 feet.
[b] 
Minimum lot area 15,000 square feet or more: 20 feet.
[4] 
Alleys: 18 feet.
(b) 
For major traffic streets deemed by the Council to require wider pavements than the traffic needs of a particular subdivision, the matter of financial arrangements shall be taken up by the subdivider with the officials having jurisdiction.
(19) 
Cul-de-sac streets.
(a) 
Cul-de-sac streets, permanently designed as such, shall not exceed 500 feet in length.
(b) 
Cul-de-sac streets on which six or more residential properties front shall terminate in a circular right-of-way with a minimum diameter of 100 feet overall and 80 feet to the outer pavement edge or curbline.
C. 
Blocks.
(1) 
Residential blocks shall ordinarily not exceed 1,200 feet in length, and commercial blocks 600 feet, except for unit shopping centers.
(2) 
Residential blocks shall be of sufficient width to permit two tiers of lots of appropriate depth, except where an interior street parallels a major traffic street, or except where it backs up a railroad, creek or other natural barrier or unsubdivided area.
(3) 
Collector or minor streets intersecting an arterial street and particularly a major highway shall have a minimum distance of 750 feet between center lines, and the angle of intersection shall not be less than 70° nor greater than 110°.
(4) 
Walks. 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.
D. 
Lots.
(1) 
All lots shall abut on a public street or on a dedicated street (a street offered for public use); provided, however, that private streets may be approved by the Council if the following conditions are all conformed with:
(a) 
They meet all design and improvement standards except for resort areas;
(b) 
They do not interrupt the public street circulation pattern, existing, developing or planned; and
(c) 
The Council is given assurance of their continued maintenance.
(2) 
Side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots shall be avoided.
(3) 
Double frontage lots shall not be platted, except as provided in § 158-6C(2). In that event, a planting strip for a screen, at least 20 feet in width, shall be provided along the back of the lot along a major traffic street. Where the lots back on a railroad, the Council may also require a twenty-foot planting screen.
(4) 
Lot width and area for residential lots. Within the area of jurisdiction of this chapter, the widths and areas of lots shall not be less than provided in the applicable Zoning Ordinance[1] for the borough, provided that, pending such establishment of lot size requirements, the following minimum lot widths and areas shall apply:
(a) 
In no case shall the width of the lot at the building setback line be less than 60 feet nor the area of the lot be less than 7,200 square feet.
(b) 
Regardless of any other provision of these regulations, the following lot width and area requirements shall apply in the following circumstances:
[1] 
In subdivisions provided with a public water supply system but not a sanitary sewer system:
[a] 
Width at building setback line: 75 feet.
[b] 
Area: 11,250 square feet.
[2] 
In subdivisions provided with neither a sanitary sewer system nor a public water supply system:
[a] 
Width at building setback line: 100 feet.
[b] 
Area: 20,000 square feet, subject to the approval of the State Health Department based on percolation tests.
[1]
Editor's Note: See Ch. 181, Zoning.
(5) 
The depth-to-width ratio of the usable area of a lot shall ordinarily be at a maximum of three and zero-tenths to one and zero-tenths (3.0:1.0).
(6) 
Corner residential lots shall be wider than interior lots to permit equal setbacks from both streets to a distance as required by § 158-6F, except where lots are back to back.
(7) 
Wherever possible, unit shopping centers based upon sound development standards shall be designed as an integral unit in contrast to the platting of lots for individual commercial use. Any lot not to be used for residential purposes shall have its proposed use indicated.
(8) 
Area subject to periodic flooding shall not be included as the required lot area of any lot.
(9) 
If remnants of land exist after subdividing, they shall be incorporated in existing or proposed lots or reserved for public use if acceptable to the Council.
E. 
Easements. Where alleys are not provided, easements for underground or overhead utilities shall be provided. Such easements shall have minimum widths of 12 feet, generally six feet on both sides of a property line. Before determining the location of easements, the plan shall be discussed with the local public utilities to assure the proper location of easements for the installation of such service.
F. 
Building setback lines. Such lines shall be established by the subdivider as part of the design or layout of the plan back of highway and street right-of-way lines as established by the Thoroughfare Plan, or applicable Zoning Ordinance, but any buildings shall be set back a minimum of 25 feet from the street right-of-way line.

§ 158-7 Required improvements.

The final plat of the subdivision shall conform to the following standards of improvements:
A. 
Monuments and markers.
(1) 
Monuments shall be of concrete or stone with a minimum size of six by six by thirty-six (6 x 6 x 36) inches and shall be marked on top with a copper or brass dowel. Markers shall consist of iron pipes or iron or steel bars at least 15 inches long and not less than three-fourths (3/4) inch in diameter.
(2) 
Monuments and 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 monument or marker is level with the surface of the surrounding ground.
(3) 
Monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision.
(4) 
Markers shall be set:
(a) 
At the beginning and ending of all curves along street property lines.
(b) 
At all points where lot lines intersect curves, either front or rear.
(c) 
At all angles in property lines of lots.
(d) 
At all other lot corners.
(5) 
Any monuments or markers that are removed shall be replaced by a registered engineer at the expense of the person removing them.
B. 
Streets.
(1) 
Streets (and alleys where provided) shall be graded, surfaced and improved to the grades and dimensions shown on plans, profiles and cross sections submitted by the subdivider and approved by the Commission. Grading shall conform with Specification SG-102 given in Article II, and a street shall be graded the full width of the right-of-way. As a minimum, the street shall consist of a base course of six inches of compacted stone choked with screenings, on which shall be placed a surface course conforming with Specification ID-2 of the 1960 Commonwealth of Pennsylvania Department of Highways Specifications, Form 408. Upon special authorization of the Council, slag or gravel, as approved by the Engineer, is permissible for the base course.
(2) 
The major traffic and collector streets, and installation of curb and gutter, shall be at the discretion of the Council. The subdivider shall be required to improve any street, only to the width required by the traffic needs of his subdivision as determined by the Council.
(3) 
For minor streets, the minimum requirements for curb, gutter and shoulder shall be as follows:
Minimum Lot Area in Square Feet
Width
(feet)
Curb And Gutter Combined
Separate Gutter
Shoulder
Below
Below
Required
--
--
15,000
100
15,000 or more
100 or more
Not required
Required1
Required seven feet wide2
NOTES:
1Where the grade is greater than 4% or less than 1%, stabilized or paved gutters are required; in other cases, sodded gutters are sufficient.
2Of gravel compacted to a minimum of five inches, except that sod shoulders may be approved at the discretion of the Council.
(4) 
The Council may require a higher type of pavement than specified in § 158-7B(1), or improvements in addition to those set forth in the foregoing table, where it deems such to be necessary because of prospective traffic safety of pedestrians in connection with sidewalks or in order to conform to conditions prevailing in the neighborhood, in which latter case the neighborhood standard shall generally apply. Crosswalks may be required when deemed necessary by the Council. Prior to placing the street surface, adequate subsurface drainage for the streets and all subsurface utilities as acceptable to the Council shall be provided or installed by the subdivider. In all respects in which standards for required improvements are not set forth herein or specified by the Council hereunder, the applicable standard requirements of the Pennsylvania State Department of Highways shall govern, and all work shall be performed in the manner prescribed in the standard specifications for road construction of said Department for the type of construction under consideration.
C. 
Driveway entrances. Driveway entrances or aprons within the street right-of-way shall be surfaced to their full width, the type of surface to be the same as specified in this chapter for streets, where there are no sidewalks. Where sidewalks are installed, the required driveway surfacing shall be installed with the concrete aprons in accordance with Specification SM-101 as attached herewith to Article II.
D. 
Sewers.
(1) 
Within an area having a municipal sewer system which is, in the judgment of the Commission, reasonably accessible to the subdivision, the subdivider shall provide the subdivision with a complete sanitary sewer system to be connected to the municipal sanitary sewer system.
(2) 
Within an area not having a municipal sewer system or within an area having a municipal sewer system which is not reasonably accessible to the subdivision, the subdivider shall provide the subdivision with a complete sanitary sewer system which shall connect with a sanitary sewer outlet approved by the Pennsylvania State Department of Health, except that when such approved outlet is not available, one of the following methods of sewage disposal shall be used:
(a) 
A complete sanitary sewer system to convey the sewage to a treatment plant, to be provided by the subdivider in accordance with minimum requirements of the Pennsylvania State Department of Health, with adequate provision for the maintenance of such plant.
(b) 
Private sewage disposal systems on individual lots consisting of septic tanks and tile absorption fields or other approved sewage disposal systems, when laid out in accordance with minimum standards approved by the Pennsylvania State Department of Health, as specified in the booklet entitled "Household Sewage Disposal for Rural and Suburban Areas," as amended.
(c) 
The plans for the installation of a sanitary sewer system shall be prepared by the subdivider and approved by the Engineer and the Pennsylvania State Department of Health. The Engineer shall inspect the sewer line before it is covered over. Upon the completion of the sanitary sewer installation, one copy each of the plans for such system as built shall be filed with the Commission and the governing body of the borough.
(d) 
The minimum diameter of any sewer pipe main shall be eight inches, and any lateral four inches. Storm sewers shall not be connected with sanitary sewers.
(e) 
In this Subsection D, Sewers, and the next Subsection E, Water, the phrase "the subdivider shall provide" shall be interpreted to mean that the subdivider shall install the facility referred to or, whenever a separate sewage disposal unit or water supply on individual lots is to be provided, that the subdivider shall require, as a condition of the sale of each lot or parcel in the subdivision, that the facilities referred to in these paragraphs shall be installed by the owner of the lots in accordance with these regulations when a principal building is constructed.
E. 
Water.
(1) 
The subdivider shall provide the subdivision with a complete water main supply system which shall be connected to a municipal water supply or with a community water supply system approved by the Engineer and the Pennsylvania State Department of Health with satisfactory provision for the maintenance thereof, except that when such municipal or community water supply is not available, the subdivider shall provide an individual water supply on each lot in the subdivision in accordance with minimum standards approved by the Pennsylvania State Department of Health.
(2) 
The plans for the installation of the mains of a water supply system shall be prepared by the subdivider with the cooperation of the applicable water utility company and approved by the Engineer. Upon the completion of the water supply installation, one copy of each of the plans for such system as built shall be filed with the Council.
F. 
Storm drainage.
(1) 
Storm drainage facilities shall conform with Specification SH-101 as given in Article II.
(2) 
An adequate storm sewer system consisting of inlets and other underground drainage structures with approved outlets shall be constructed where the runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. Outlets shall be approved by the owners of the properties affected and by the Council.
(3) 
Storm drainage facilities shall be designed to remove the anticipated increase in runoff that will occur when all undeveloped adjacent property at a higher elevation is fully developed.
G. 
Curb and gutter. The curb and gutter shall be constructed of portland cement concrete, cut stone or bituminous concrete.
H. 
Sidewalks. Sidewalks shall conform with Specification SN-101 as given in Article II. They are required on both sides of every street, where lots are less than 100 feet in width. They shall be constructed of portland cement concrete at least four inches thick and four feet wide, or five feet wide on a major traffic street, and located within the street right-of-way. Where the sidewalk is part of the driveway, it shall be a minimum of six inches thick.
I. 
Street signs. The subdivider shall provide the subdivision with street signs, conforming with Specification SQ-103 as given in Article II, at the intersections of all streets.
J. 
Streetlights and fire hydrants. Streetlights may be required when considered reasonable by the Council. Fire hydrants shall be required wherever there is a water supply system.
K. 
Street trees shall be of a deciduous hardwood type as approved by the Council and shall conform with Specification SO-101 as given in Article II.
L. 
Planting strips.
(1) 
Seeding of planting strips. Seeding of planting strips shall conform with Specification SP-101 as given in Article II.
(2) 
Sodding of planting strips. Sodding of planting strips shall conform with Specification SP-301 as given in Article II.
M. 
Filing plans and profiles. Upon the completion of the improvements in a subdivision, plans and profiles of the same as constructed shall be filed with the Council.

§ 158-8 Plan requirements.

A. 
Preliminary plan.
(1) 
Fees.
[Amended 5-4-1981; 2-11-1985; 7-6-1999 by Ord. No. 1999-7]
(a) 
The application shall be submitted in writing for approval of the preliminary plan and shall be accompanied by a certified check or money order in the amount of $150. Such amount shall be deposited to the account of Council.
(b) 
The application required to be submitted shall also be accompanied by a certified check or money order in the amount of $150 as a review fee to be paid by the developer and collected by and for the municipality. Furthermore, the review fee of the County of Luzerne as established and modified from time to time shall be billed to the developer as an additional charge and shall be paid by the developer as an additional fee of the subdivision process.
(2) 
Composition of plan. The preliminary plan of the subdivision shall be drawn to scale of 50 feet to one inch or 100 feet to one inch. The preliminary plan shall show:
(a) 
Proposed name of the subdivision.
(b) 
Names and addresses of owner and subdivider and the city planner, land planning consultant, architect or landscape architect, registered surveyor or engineer who prepared the plan.
(c) 
Street layout, showing the names (which, when not extensions of existing streets, shall not duplicate other names of streets in the municipality), and widths of rights-of-way of streets and widths of alleys.
(d) 
Layout of lots, showing dimensions and numbers.
(e) 
Parcels of land proposed to be reserved for schools, parks, playgrounds or other public, semipublic or community purposes.
(f) 
Legend and notes.
(g) 
Building setback or front yard lines, and any rear yard lines.
(h) 
Graphic scale, North point and date.
(i) 
Preliminary profiles, typical cross sections and specifications for proposed street improvements.
(j) 
Preliminary profiles and other explanatory data concerning the installation of sanitary and storm sewerage systems and water distribution systems.
(k) 
A location map showing subdivision name and location, major existing thoroughfares related to the subdivision, including the distance therefrom, title, graphic scale, North point and date.
(l) 
Contours at vertical intervals of five feet, if the general slope of the site is 10% or more, and at such lesser intervals as deemed necessary by the Council if the general slope is less than 10%. However, the Council shall not require contours where the minimum lot size is one acre or more.
(m) 
Tract boundary lines, showing dimensions, bearing and corners.
(n) 
Existing streets and rights-of-way on or adjoining the site, including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, curbs, sidewalks and other pertinent data.
(o) 
Existing easements: locations, widths and purposes.
(p) 
Existing platting of adjacent land; all existing buildings, sewers, water mains, culverts, petroleum or high pressure gas lines and fire hydrants on or adjoining the site.
(q) 
Areas subject to periodic flooding.
(r) 
Other features or conditions which would affect the subdivision favorably or adversely.
(s) 
Proposed easements: locations, widths and purposes.
(t) 
Proposed utilities, including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utilities and other facilities. Size or capacity of each should be shown and the locations of or distance to each existing utility indicated.
(u) 
A copy of the protective covenants or private restrictions to be incorporated in the deeds.
(v) 
Site data, including the number of residential lots, typical lot size, the acreage of the subdivision, the acreage in proposed recreation areas, and the number and type of dwelling units proposed, if any.
(w) 
Two copies of results and locations of percolation tests, made in accordance with the specifications of the State Health Department, shall accompany the preliminary plan.
B. 
Final plan. The final plan shall meet the following specifications:
(1) 
The final plan may include all or only a part of the preliminary plan as proposed in the application.
(2) 
The original drawing of the plan of the subdivision shall be 18 by 23 inches, or made in multiples of this size and cut along match lines. It shall be drawn at a scale of 50 or 100 feet to the inch.
(3) 
The following basic information shall be shown:
(a) 
Accurate boundary lines, with dimensions and bearings, which provide a survey of the tract, closing with an error of not more than one foot in 5,000 feet.
(b) 
Accurate distances and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the plan.
(c) 
Accurate locations of all existing and recorded streets intersecting the boundaries of the tract.
(d) 
The latest source of title to the land, as shown by the books of the County Recorder, accompanied by an affidavit that the applicant is the owner or equitable owner of the land proposed to be subdivided.
(e) 
Street names.
(f) 
Complete curve data for all curves included in the plan.
(g) 
Street lines with accurate dimensions in feet and hundredths of feet, with angles to the nearest one minute to street, alley and lot lines.
(h) 
Lot numbers, dimensions and areas.
(i) 
Easements for utilities and any limitations on such easements.
(j) 
Accurate dimensions of any property to be reserved for public, semipublic or community use.
(k) 
Location, type, material and size of all monuments and lot markers.
(l) 
Restrictions of all types which will run with the land and become covenants in the deeds for lots should be in a separate instrument, referenced to the drawing.
(m) 
Name of the subdivision.
(n) 
Name and address of the owner and subdivider.
(o) 
North point, graphic scale and date.
(p) 
Certification by a registered professional engineer or registered land surveyor to the effect that the plot represents a survey made by him and that all monuments indicated thereon actually exist, and their location, size, and material are correctly shown; and that all requirements of the subdivision regulations have been fully complied with.
(q) 
Certificate of dedication of streets and other public property.
(r) 
Certificate for approval by the Council.
(s) 
Front and any rear yard setback lines, the minimum as fixed by the applicable Zoning Ordinance, or any other setback lines established by these regulations or by public authority, or those specified in the deed restrictions, whichever is greater.
(t) 
Final profiles, cross sections and specifications for street improvements and sanitary and storm sewerage and water distribution systems shall be shown on one or more separate sheets.
(4) 
In submitting the final plan to the Council, it shall be accompanied by one of the following:
(a) 
A certificate that all improvements and installations to the subdivision required by § 158-7 have been made or installed in accordance with specifications; or
(b) 
A bond or certified check filed which shall:
[1] 
Run or be made payable to the Council.
[2] 
Be in an amount determined by the Commission to be sufficient to complete the improvements and installations in compliance with this chapter.
(c) 
In case of a bond filed, it shall also:
[1] 
Be with surety satisfactory to the Commission.
[2] 
Specify the time for the completion of the improvements and installations, such time to be satisfactory to the Commission.
(5) 
In submitting the final plan to the Commission, the subdivider shall submit a maintenance bond made payable to the Borough Council to guarantee maintenance and repair of the streets in the subdivision for one year after the construction thereof has been approved by the Engineer.

§ 158-9 Modifications and exceptions; appeals.

A. 
The general principles of design and the minimum requirements for the laying out of subdivisions, stipulated in § 158-6, may be varied by the Council in the case of a subdivision large enough to constitute a more or less self-contained neighborhood to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, which, in the judgment of the Council, has made adequate provision for all essential community requirements; provided, however, that no modification shall be granted by the Council which would conflict with the proposals of the official Thoroughfare Plan, or with other features of any adopted long-range plan of the municipality and/or of Luzerne County, or with the intent and purpose of said general principles of design and minimum requirements.
B. 
In the case of a small subdivision of minor importance situated in a locality where conditions are well defined, the Council may exempt the subdivider from complying with some of the requirements stipulated in § 158-8A pertaining to the preparation of the preliminary plan.
C. 
In any particular case where the subdivider or his engineer can show by plan and written statement that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would cause practical difficulty or exceptional and undue hardship, the Council may relax such requirements to the extent deemed just and proper, so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public good and without impairing the intent and purpose of these regulations or the desirable general development of neighborhood and the community in accordance with any adopted long-range plan. Any modification thus granted shall be entered in the minutes of the Council, setting forth the reasons which, in the opinion of the Council, justified the modification.
D. 
Appeals where Council refuses approval. Appeals are governed by Article XVI, Section 1607(F), of the Borough Code,[1] Act No. 581 of February 1, 1966, incorporated herein.
[1]
Editor's Note: See 53 P.S. § 46607(f).

§ 158-10 Amendments; publication.

The Kingston Borough Council may, from time to time, amend these regulations by appropriate action taken after a public hearing on said proposed revisions. Notice of the date, time and place of such public hearings, together with a brief summary setting forth the principal provisions of such amendments, indicating the place or places where copies of the proposed amendments may be examined, shall be published in a newspaper of general circulation in the county at least 15 days prior to the hearing.

§ 158-11 Violations and penalties.

[Amended 12-14-1970; 2-11-1985]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for not more than 30 days.

§ 158-12 General grading requirements.

For residential developments in which Luzerne County considers this type of improvement suitable, specifications and details which conform with local regulations and equal or exceed this specification may be used.
A. 
Description. This item shall consist of necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading and compacting the areas to be filled in accordance with these specifications and in conformity with the lines, grades, slopes and typical cross sections shown in the accepted plans.
B. 
Material. Material for the fill shall consist of material obtained from the excavation of banks, borrow pits or other approved sources. The material used shall be free from vegetable matter and other deleterious substances and shall not contain large rocks or lumps.
C. 
Construction methods.
(1) 
Grading tolerance. Areas to be graded by cutting or filling shall be rough graded to within two-tenths (0.2) of a foot of the accepted elevation after necessary allowance has been made for the thickness of topsoil, paved areas and other installations.
(2) 
Stripping and storing topsoil. Where suitable topsoil exists on areas to be disturbed by grading or building operations, the topsoil shall be stripped in the amount needed to complete finish grading operations and shall be piled in convenient locations for storage during construction.
(3) 
Clearing and grubbing. All timber, logs, trees, brush, vegetable matter and other rubbish shall be removed, piled and burned or otherwise disposed of so as to leave the areas that have been disturbed with a neat and finished appearance.
(4) 
Removal of debris.
(a) 
All tree stumps, masonry and other obstructions shall be removed to a depth as follows:
[1] 
For paved areas: two feet below subgrade.
[2] 
For lawn areas: two feet below finished grade.
(b) 
Solid rock, shale or other similar material shall be removed to a depth as follows:
[1] 
For paved areas: 15 inches below subgrade.
[2] 
For lawn areas: two feet below finished grade, except when it is impractical to remove a rock outcropping.
(5) 
Preparing areas to be filled. In order to ensure proper bond and prevent slipping between the original ground and the fill, the surface of the original ground shall be scarified to a reasonable depth. Where fills are made on hillsides or slopes, the slope of the original ground upon which the fill is to be placed shall be plowed or scarified deeply. Where the nature of the ground justifies taking greater precautions for binding the fill to the original ground, steps shall be cut into the original ground before filling is begun.
(6) 
Placing, spreading and compacting fill material.
(a) 
The selected fill material shall be placed in layers which, when compacted, shall not exceed eight inches. Each layer shall be spread evenly and shall be thoroughly blade mixed during spreading to ensure uniformity of material in each layer.
(b) 
The moisture content of the fill material shall be such that the fill can be compacted to maximum practical density. If the moisture content of the fill material is below the needed amount necessary to create the necessary density, the proper amount of water shall be added. Similarly if the moisture content of the fill material is above the needed amount necessary to create the desired density the fill material shall be aerated by blading or other satisfactory method until the moisture content of the fill material is satisfactory.
(c) 
After each layer has been placed, mixed and evenly spread, it shall be thoroughly compacted to maximum practical density. Compaction shall be by means of tamping or sheepsfoot rollers, multiple-wheel pneumatic-tired rollers or other types of rollers or an equivalent which will be able to compact the fill to the desired density. Rolling shall be accomplished while the fill material is at the desired moisture content. Rolling of each layer shall be continuous over its entire area, and sufficient trips shall be made by the rolling equipment to ensure that the desired maximum practical density has been obtained.
(7) 
Completion of general grading. Excavating of cut areas shall continue until these areas conform with the lines, grades, slopes and typical cross sections shown on the accepted plans. Placing, spreading, filling and compacting areas to be filled shall also be continued alternately until these areas conform with the lines, grades, slopes and typical cross sections shown on the accepted plans.
D. 
Seasonal limits. No fill material shall be placed, spread or rolled while the ground or fill is frozen or thawing or during unfavorable weather conditions. When the work is interrupted by heavy rain, fill operations shall not be resumed until the moisture content and density of the fill are as previously specified.

§ 158-13 Cement concrete driveways.

For residential developments in which the Planning Commission considers that this type of improvement is suitable, specifications and detail which conform with local regulations and equal or exceed this may be used.
A. 
Description. This item shall consist of a portland cement concrete driveway and driveway apron constructed on a prepared subgrade in accordance with these specifications and as shown on the accepted drawings.
B. 
Materials. All materials shall be secured from approved sources.
(1) 
Aggregate shall be graded as follows:
Passing Square Mesh Sieve
Sieve Designation
Coarse Aggregate
(percent by weight)
Fine Aggregate
(percent by weight)
2 1/2 inch
100
--
2 inch
95 to 100
--
1 inch
35 to 70
--
1/2 inch
10 to 30
--
3/8 inch
--
100
No. 4
0 to 5
95 to 100
No. 16
--
45 to 80
No. 50
--
10 to 30
No. 100
--
2 to 10
(2) 
Water shall be free from oil, acids, alkali and vegetable matter and shall be reasonably clean. Sea water shall not be used.
(3) 
Concrete shall contain six bags of cement per cubic yard and shall be proportioned as follows:
Quantities per Bag of Cement
(approximate 1:21/2:5 mix)
Water
(gallons)
Fine Aggregate1
(pounds)
Coarse Aggregate*
(pounds)
6
230
386
1NOTE: Weight of aggregate based on a specific gravity of 2.65.
C. 
Construction method.
(1) 
Preparation of subgrade. All boulders, organic material, soft clay, spongy material and any other objectionable material shall be removed and replaced with approved material. The subgrade shall be properly shaped, rolled and uniformly compacted to conform with the accepted cross sections and grades.
(2) 
Forms for concrete. The forms for the concrete shall be of wood or metal, straight, free from warps or kinks and of sufficient strength. They shall be staked securely enough to resist the pressure of the concrete without spring. When ready for the concrete to be deposited, they shall not vary from the approved line and grade and shall be kept so until the concrete has set.
(3) 
Placing and finishing concrete. Just prior to placing the concrete, the subgrade shall be moistened. The concrete mixed to the proper consistency shall be placed in the forms and thoroughly tamped in place so that all honeycombs will be eliminated and sufficient mortar will be brought to the surface. After this the surface shall be brought to a smooth even finish by means of a wooden float. All faces adjacent to the forms shall be spaded so that after the forms are stripped the surface of the faces will be smooth, even and free of honeycombs. All edges shall be tool rounded.
(4) 
Expansion joints. Half-inch transverse expansion joints shall be placed where the driveway apron and driveway joins the sidewalk and the gutter or pavement.
(5) 
Curing concrete. When completed, the concrete shall be kept moist for a period of not less than three days and longer, if necessary, and shall be protected from elements in a satisfactory manner.
(6) 
Backfilling. Backfill shall be of suitable selected material and shall be placed and tamped until firm and solid. Backfilling shall follow immediately after the concrete forms have been removed.
(7) 
Seasonal limits. No concrete shall be poured on a frozen or thawing subgrade or during unfavorable weather conditions or when the temperature is 38° F. and falling.

§ 158-14 Laying of storm sewer pipe.

For residential developments in which Luzerne County considers that this type of improvement is suitable, specifications and detail which conform with local regulations and equal or exceed this may be used.
A. 
Description. This item shall consist of laying and backfilling storm sewer pipe to conform with the type, size, lines and grades as shown on the accepted drawings.
B. 
Material. All materials shall be secured from approved sources.
C. 
Construction.
(1) 
Preparation of trenches for pipelaying.
(a) 
Pipelines shall be placed at a sufficient depth below the surface of the street to avoid dangerous pressure if impact. When this is not possible, special reinforcement shall be provided.
(b) 
Trenches shall be only of sufficient width to provide a free working space on each side of the pipe, and in every case there shall be sufficient space between the pipe and the sides of the trench to make it possible to thoroughly ram the backfilling around the pipe and to secure tight joints.
(c) 
Trenches shall be kept free from water until the materials in the joints, where concrete or clay pipes are used, and masonry have sufficiently hardened. Where metal pipes are used, the trenches shall be kept free from water until the bands have been thoroughly tightened and bolted in place.
(2) 
Preparation of foundation for pipelaying.
(a) 
The foundation in the trench shall be formed to prevent any subsequent settlement which might result in excessive pressure and consequent rupture of the pipes.
(b) 
If the foundation is rock, an equalizing bed of concrete or sand, well compacted, shall be placed upon the rock. The thickness of these beds shall be not less than four inches. Pipes shall be laid in these beds so that at least the lower third of each pipe is supported throughout its entire length.
(c) 
If the foundation is good firm earth, the earth shall be pared or moulded to give a full support to the lower third of each pipe and, if necessary, to secure a proper bearing for the pipe, a layer of concrete, fine gravel or other suitable material shall be placed. The same means of securing a firm foundation shall be adopted in case the excavation has been made deeper than necessary.
(d) 
If there is no good natural foundation, the pipes shall be laid in a concrete cradle supported on a masonry foundation carried to a soil of satisfactory bearing power or supported on a structure designed to carry the weight of pipe and its load to a firm bearing.
(3) 
Pipelaying. The laying of pipes in finished trenches shall be commenced at the lowest point, so that the spigot ends point in the direction of flow. All pipes shall be laid with ends abutting and true to line and grade. They shall be fitted and matched so that when laid in the work they will form a sewer with a smooth and uniform invert. It is necessary to use all possible care when shoving the pipes together, so that the joints will not be unnecessarily large. Sockets shall be carefully cleaned before pipes are lowered into trenches. The pipes shall be so lowered as to avoid unnecessary handling in the trench. The joints shall be set firmly according to line and grade and joined together in such a manner that they will be structurally sound and watertight.
(4) 
Backfilling trenches.
(a) 
All trenches and excavations shall be backfilled immediately after the pipes are laid, unless other protection of the pipe is necessary. The backfilling material shall be selected and deposited with special reference to the future safety of the pipes. Clean earth, sand or rock dust shall be solidly tamped about the pipes up to a level at least two feet above the top of the pipes. This material shall be carefully deposited in uniform layers. Unless otherwise permitted, each layer shall be carefully and solidly tamped or rammed with proper tools so as not to injure or disturb the pipeline.
(b) 
Puddling or water flooding for consolidating the backfilling is recommended only for sandy and gravelly materials. If this method is used, the first flooding shall be applied after the backfilling has been compacted by tamping up to two feet above the top of the pipes, and the second flooding during or after the subsequent filling of the trench. An excess of water shall be avoided in order to prevent disturbance of the earth under and around the pipes and also to prevent an undue excess of pressure upon them.
(c) 
Walking or working on the completed pipeline, except as may be necessary in tamping or backfilling, shall not be permitted until the trench has been backfilled to a height of at least two feet over the top of the pipes.
(d) 
The filling of the trench shall be carried on simultaneously on both sides of the pipes in such manner that injurious side pressures do not occur.
(5) 
Seasonal limits. No construction shall be done during unfavorable weather conditions.

§ 158-15 Storm sewer manholes and catch basins.

For residential developments in which the Commission considers that this type of improvement is suitable, specifications and detail which conform with local regulations and equal or exceed this may be used.
A. 
Description. This item shall consist of the construction of manholes and catch basins and all necessary appurtenances and shall conform with the details as shown on the accepted drawings. The work shall include all necessary excavation for the structures and their appurtenances, the construction of all foundations, all brick, concrete, stone and timber work, setting in place of all iron work, refilling of all trenches, and any other work necessary for their completion.
B. 
Materials. All materials shall be secured from approved sources. All metal castings shall conform with American Society for Testing and Materials standards.
C. 
Construction.
(1) 
Excavation. Excavation shall be made to the required depth, and the base upon which the manhole or catch basin is to be constructed shall be compacted to a firm even surface.
(2) 
Forms. For concrete structures, wooden forms shall be used. The forms shall be braced and wired in such a manner that they will not give or warp under the pressure and loads contemplated in pouring the concrete. The concrete shall be tamped or spaded into place in such a manner as to eliminate honeycombing.
(3) 
Casting and slabs. Cast iron or other metal frames shall be set on full mortar beds composed of one part portland cement and two parts of fine aggregate. Concrete slabs shall be separated from the remainder of the structure by four-ply roofing paper separators at all points of contact.
(4) 
Brickwork.
(a) 
All bricks for brick structures shall be thoroughly wet by immersion immediately before laying. Every brick must be thoroughly laid in full mortar joints on bottom side and end, which for each brick must be formed by one operation. In no case are the joints to be made by grouting or by working in mortar after laying the brick. No joints shall exceed three-eighths (3/8) inch in thickness. All joints on faces shall be trowel struck.
(b) 
All unfinished brick masonry must be racked back or toothed, and when new work is joined to the unfinished portion, the latter must be thoroughly cleaned.
(c) 
Brick masonry of sides and arches shall be bonded and keyed, special care being exercised with each ring against too large joints at the back. All joints shall be normal to the section and all lipping of brick must be carefully avoided.
(5) 
Pipe setting. Sections of connection pipe shall be incorporated into the construction and placed at the elevation, direction and grade required. The inner ends of the pipe shall be flushed with the inner faces of the walls. Inlet and outlet pipe shall be of the size and kind and meet the same requirements as the pipe with which it is to be connected. Pipe placed in masonry for inlet or outlet connections shall extend through the walls and beyond the outside surfaces of the walls a sufficient distance to allow for connections, and masonry shall be carefully constructed around it so to prevent leakage around its outer surfaces.
(6) 
Seasonal limits. No construction shall be done during unfavorable weather conditions.

§ 158-16 Cement concrete sidewalks.

For residential developments in which the Planning Commission considers that this type of improvement is suitable, specifications and detail which conform with local regulations and equal or exceed this may be used.
A. 
Description. This item shall consist of sidewalk made of one course portland cement concrete constructed in accordance with these specifications and the cross sections as shown on the accepted drawings.
B. 
Materials. All materials shall be secured from approved sources.
(1) 
Aggregate shall be graded as follows:
Passing Square Mesh Sieve
Sieve Designation
Coarse Aggregate
(percent by weight)
Fine Aggregate
(percent by weight)
1 1/2 inch
100
--
1 inch
95 to 100
--
1/2 inch
35 to 70
--
3/8 inch
--
100
No. 4
0 to 10
95 to 100
No. 16
--
45 to 80
No. 50
--
10 to 30
No. 100
--
2 to 10
(2) 
Water shall be free from oil, acids, alkali and vegetable matter and shall be reasonably clean. Sea water shall not be used.
(3) 
Concrete shall contain six bags of cement per cubic yard and shall be proportioned as follows:
Quantities per Bag of Cement
(approximately 1:2:4 mix)
Water
(gallons)
Fine Aggregate1
(pounds)
Coarse Aggregate*
(pounds)
6
188
345
1NOTE: Weight of aggregate based on a specific gravity of 2.65.
C. 
Construction methods.
(1) 
Preparation of subgrade. All boulders, organic material, soft clay, spongy material and any other objectionable material shall be removed and replaced with approved material. The subgrade shall be properly shaped, rolled and uniformly compacted to conform with the accepted cross sections and grades.
(2) 
Cinders. Four inches of compacted cinders shall be constructed on the subgrade when considered necessary by the civil authorities having jurisdiction.
(3) 
Forms for concrete. The forms for the concrete shall be of wood or metal, straight, free from warps or kinks and of sufficient strength. They shall be staked securely enough to resist the pressure of the concrete without spring. When ready for the concrete to be deposited, they shall not vary from the approved line and grade and shall be kept so until the concrete has set.
(4) 
Placing and finishing concrete. Just prior to placing the concrete, the subgrade shall be moistened. The concrete mixed to the proper consistency shall be placed in the forms and thoroughly tamped in place so that all honeycombs will be eliminated and sufficient mortar will be brought to the surface. After this the surface shall be brought to a smooth even finish by means of a wooden float. All faces adjacent to the forms shall be spaded so that after the forms are stripped the surface of the faces will be smooth, even and free of honeycomb. All edges shall be tool rounded.
(5) 
Expansion joints and scoring concrete. Half-inch transverse expansion joints shall be placed at intervals not exceeding 80 feet. Sidewalks shall be scored to a depth of one inch every four to six feet.
(6) 
Curing concrete. When completed, the concrete shall be kept moist for a period of not less than three days and longer, if necessary, and shall be protected from the elements in a satisfactory manner.
(7) 
Backfilling. Backfill shall be of suitable selected material and shall be placed and tamped until firm and solid. Backfilling shall follow immediately after the concrete forms have been removed.
(8) 
Seasonal limits. No concrete shall be poured on a frozen or thawing subgrade or during unfavorable weather conditions, or when the temperature is 38° F. and falling.

§ 158-17 Posts for metal street name signs.

For residential developments in which the Planning Commission considers that this type of improvement is suitable, specifications and detail which conform with local regulations and equal or exceed this may be used.
A. 
Description. This item shall consist of the erection of a metal street name sign post of steel. The post shall be two and one-half (21/2) inches in diameter, eight feet high, with name plates of metal or wood set one above the other with a minimum clearance of seven feet.
B. 
Erection. The post shall be set in concrete three feet six inches in the ground. Suitable backfill material shall be placed in the hole around the post in successive layers not to exceed 12 inches in depth, measured loose. Each layer of backfill shall be thoroughly tamped to secure maximum practical density so that the post will be plumb and rigid. Street names shall be painted or stenciled on the nameplates in black letters.
C. 
Location. The post shall be so located as to be visible for both pedestrian and vehicular traffic.
D. 
Seasonal limits. Posts shall not be installed in freezing or thawing weather.

§ 158-18 Planting of street trees.

For residential developments in which the Planning Commission considers that this type of improvement is suitable, specifications and detail which conform with local regulations and equal or exceed this may be used.
A. 
Description. This item shall consist of the installation of street trees in unpaved areas within the rights-of-way. Installation shall be in accordance with specifications and the accepted drawings.
B. 
Materials.
(1) 
Trees shall be of nursery stock grown under the same climatic conditions as at the location of this development. They shall be of symmetrical growth, free of insect pests and disease, suitable for the street use and durable under the maintenance contemplated. The average trunk diameter measured at a height of six inches above the finished ground level shall be a minimum of three inches.
(2) 
Topsoil shall be clean and of good quality. It shall be tested by the state or county agricultural agency and improved with chemical fertilizers or organic manures as recommended by such agency.
C. 
Construction methods.
(1) 
Location. Trees shall be planted along the development side of all streets where suitable street trees do not exist. They shall be planted from 40 to 50 feet apart, or an equivalent number shall be planted in an informal arrangement acceptable to the Planning Commission. At street corners, trees shall be located at least 20 feet from the intersection of street right-of-way lines. Where the planting strip between the sidewalk and street curb is less than six feet wide, the trees shall be planted on the lots.
(2) 
Tree pits. Tree pits shall be round, at least six inches wider than the diameter of the root spread, shall have vertical sides and shall be at least 24 inches below finish grade.
(3) 
Planting. Each tree shall be planted plumb slightly lower than where it stood in the nursery (in relation to finish grade) and shall be thoroughly watered when the hole is two-thirds (2/3) full of topsoil. After watering, the filling shall be completed and the soil thoroughly tamped. After planting, a three-inch mulch of well-rotted manure or peat shall be applied over the disturbed ground and a shallow watering basin provided around the tree.
(4) 
Staking. Each tree shall be staked with one two-and-one-half-inch square stake eight feet long. The stake shall be driven plumb two and one-half (21/2) inches into the ground and close to the tree; tie at top and bottom with a figure-eight hitch consisting of No. 14 gauge wire encased in a section of rubber hose.
(5) 
Maintenance. All trees shall be watered and maintained until established. All trees not in vigorous growing condition after one growing season shall be replaced at the beginning of the next succeeding planting season.
(6) 
Seasonal limits. Planting shall be done during the proper season. No planting shall be done in frozen soil or during unfavorable weather conditions.

§ 158-19 Seeding of planting strips.

For residential developments in which the Planning Commission considers that this type of improvement is suitable, specifications and detail which conform with local regulations and equal or exceed this may be used.
A. 
Description. This item shall consist of finish grading and seeding all unpaved areas within the rights-of-way. Installation shall be in accordance with these specifications and the accepted drawings.
B. 
Materials.
(1) 
Topsoil shall be clean and of good quality. It shall be tested by the state or county agricultural agency and improved with chemical fertilizers or organic manures as recommended by such agency.
(2) 
Lawn seed shall not exceed 1% weed content and shall be fresh, clean new crop seed composed of the following varieties mixed in proportions and testing minimum percentages of purity and germination indicated:
Common Name
Proportion by Weight
Purity
(percent)
Germination (percent)
Kentucky bluegrass
10
85
80
Red or chewings fescue
6
97
80
Redtop
2
92
90
White clover
1
96
90
(3) 
If seed is mixed by the dealer, he shall furnish a guaranteed statement of composition of mixture and percentages of purity and germination of each variety. If seed is to be mixed at the site, it shall be delivered in original packages bearing producer's certification of germination and purity.
(4) 
Commercial fertilizer shall consist of an N-P-K mixture, either 5-10-5 [(five parts nitrogen, 10 parts phosphorous, five parts potassium] or 4-12-4 (four parts nitrogen, 12 parts phosphorous, four parts potassium.) The above fertilizer shall be transported in containers which will ensure proper protection and handling.
C. 
Construction methods.
(1) 
Steep slopes. All lawn areas exceeding a slope of one on two shall be sodded or planted with soil-fixing shrubs or vines.
(2) 
Finish grading. All areas which have been regraded or stripped of topsoil shall be scarified, leveled and brought to an accurate subgrade. Topsoil shall be spread after subsoil fills are properly settled and the subsoil has been raked to ensure proper bond. The settled topsoil shall meet the approved finish grade and shall be at least four inches deep. Where existing topsoil is satisfactory, the seed bed shall be prepared by plowing to a depth not greater than the topsoil thickness then harrowing and dragging thoroughly. The settled topsoil shall meet the approved finish grade and shall be at least four inches deep.
(3) 
Preparation of seed bed. A few days before seeding commercial fertilizer [as specified under § 158-19B(4)] shall be evenly distributed at the rate of 25 pounds of fertilizer per 1,000 square feet of lawn area and raked into the soil.
(4) 
Lawn seeding. The surface of the ground shall be raked to provide a clean even surface meeting the approved finish grade. After raking, the area shall be uniformly seeded at the rate of four pounds of seed per 1,000 square feet of lawn area. After seeding, the entire area shall be rolled with a hand roller not exceeding 100 pounds of weight per foot of width. All seeded areas shall be sprinkled with a fine spray avoiding runoff of water and shall be protected by the installation of temporary fences or signs.
(5) 
Maintenance. All seeded areas shall be watered and maintained until a thick stand of grass is established. After three or four weeks of favorable growing weather, all bare spots shall be recultivated, reseeded, raked and rolled as in the original work.
(6) 
Seasonal limits. Seeding shall be done during the proper season. No seeding shall be done in frozen soil or during unfavorable weather conditions. (Note: This specification is generally adapted to the area crosshatched on the map below and is suitable for lawn areas having average sun and moisture, for sandier, drier soils and terraces and slopes.)

§ 158-20 Sodding of planting strips.

For residential developments in which the Planning Commission considers that this type of improvement is suitable, specifications and detail which conforms with local regulations and equal or exceed this may be used.
A. 
Description. This item shall consist of finish grading and sodding all unpaved areas within the rights-of-way. Installation shall be in accordance with these specifications and the accepted drawings.
B. 
Materials.
(1) 
Topsoil shall be clean and of good quality. It shall be tested by the state or county agricultural agency and improved with chemical fertilizers or organic manures as recommended by such agency.
(2) 
Lawn sod shall be freshly cut and of good quality, free from weeds and coarse grass, and shall be approved before laying. Sod that has been stocked or rolled for a long period so that it is bleached or burnt will not be approved. Sod shall be cut from one and one-fourth (11/4) to one and three-fourths (13/4) inches thick in strips with straight sides and square ends, preferably 15 inches wide and from 36 to (60) inches long.
C. 
Construction methods.
(1) 
Finish grading. All areas which have been regraded or stripped of topsoil shall be scarified, leveled and brought to an accurate subgrade. Topsoil shall be spread after subsoil fills are properly settled and the subsoil has been raked to ensure a proper bond. The settled topsoil shall be approximately one and one-half (11/2) inches below finish grade and shall be at least three inches deep. Where existing topsoil is satisfactory, the area to be sodded shall be prepared by plowing to a depth not greater than the topsoil thickness then harrowing and dragging thoroughly. The settled topsoil shall be approximately one and one-half (11/2) inches below finish grade and shall be at least three inches deep.
(2) 
Lawn sodding. Areas to be sodded shall be raked to provide a clean even surface one and one-half (11/2) inches below the approved finish grade. Where the soil is dry, it shall be thoroughly dampened the night before the sod is laid. It shall be laid horizontal with the slope (paralleling the contours) starting at the bottom. Joints shall be tight and the sod immediately tamped or rolled in place. If the sodded surface is still rough and has open joints, it shall be leveled by the addition of at least 75 cubic yards of sifted topsoil per acre spread by hand. The unsodded areas shall then be seeded and rolled. The sodding shall be watered as soon as it is in place and then lightly tamped or rolled. On all slopes exceeding one on two, the sod shall be securely pegged with one-and-one-half square pegs one foot long, driven flush with the top of the sod and spaced two feet on center.
(3) 
Seasonal limits. Sodding shall be done during the proper season. No sodding shall be done in frozen soil or during unfavorable weather conditions.