[Ord. 1994-4, 4/4/1994, § 601]
The following improvements shall be installed by the subdivider.
The final plan shall not be approved until final detailed design of
improvements is approved and the improvements are installed or security
to Council is provided.
[Ord. 1994-4, 4/4/1994, § 602]
Streets shall be brought to the grades and dimensions drawn on plans, profiles and cross-sections submitted by the subdivider and approved by the Borough Engineer. The subdivider must install the required utilities and provide, where necessary, adequate subsurface drainage for the streets. The streets shall be designed and constructed to the standards set forth in § 22-503 and § 22-504 of this chapter.
[Ord. 1994-4, 4/4/1994, § 603]
Curbs and sidewalks shall be provided in accordance with the standards set forth in § 22-505 of this chapter.
[Ord. 1994-4, 4/4/1994, § 604; as amended by Ord.
2009-8, 12/7/2009]
1.
Public Sewer Systems. When the subdivision or land development is
to be provided with a complete sanitary sewer system connected to
a public sanitary sewer system, a statement of approval from the engineer
of the sewerage system to which it will be connected shall be submitted
to Council. Where required, DEP planning module approval shall also
be obtained for final plan.
2.
Private Sewer Systems. When a complete private sanitary sewer system
using a treatment plant is to be provided, a statement shall be submitted
to Council from the Pennsylvania Department of Environmental Protection
certifying that a permit has been used by the appropriate agency approving
the proposed facilities. Adequate security for the maintenance of
such plant shall be furnished to The Borough of Forty Fort.
3.
On-Lot Sewage Disposal. In subdivision where public sewers are not
available and a complete private sanitary sewer system is not required,
on-lot sewage disposal systems shall be provided.
4.
Capped Sewer System. Where the sanitary sewer system is not yet accessible,
but is planned for extension to the subdivision or development, the
subdivider shall install sewer lines, including lateral connections,
in order to provide service to each lot. The sewer mains shall be
suitably capped at the limits of the subdivision and laterals shall
be capped at the street right-of-way line when not extended to houses
or other structures. When laterals are extended to houses or other
structures, the internal plumbing system shall be constructed to accommodate
them as well as any septic system required. At such time as any planned
construction of extensions to the existing sanitary sewer system is
under contract, the subdivider may reduce the size of any required
septic system drain fields or septic tank by 50%.
[Ord. 1994-4, 4/4/1994, § 605; as amended by Ord.
2009-8, 12/7/2009]
1.
Provision of System. The subdivision or land development shall be
provided with a complete water main supply system which shall be connected
to a municipal water supply or with a community water supply approved
by the engineer of the applicable water utility company and the Pennsylvania
Department of Environmental Protection with satisfactory provision
for the maintenance thereof; except that, when such municipal or community
water supply system is not available, each lot in a subdivision shall
be capable of being provided with an individual water supply system
in accordance with minimum standards approved by the Pennsylvania
Department of Environmental Protection.
2.
Plans. The plans for the installation of the mains of a water supply
system shall be prepared for the subdivision or land development with
the cooperation of the applicable water supply agency and approved
by its engineer. A statement of approval from the engineer of the
water supply agency to which the subdivision or land development will
be connected, shall be submitted to Council. Upon the completion of
the water supply system, one copy of each of the plans for such system
shall be filed with the Borough of Forty Fort.
3.
Fire Hydrants. Fire hydrants shall be provided as an integral part
of any public water supply system. The Borough Fire Marshall shall
be consulted to determine the locations of proposed fire hydrants.
[Ord. 1994-4, 4/4/1994, § 606]
A storm drainage system shall be provided in accordance with the standards as set forth in § 22-506 of this chapter.
[Ord. 1994-4, 4/4/1994, § 607]
1.
Easements for utilities shall have a minimum width of 15 feet.
2.
To the fullest extent possible, easements for public utilities shall
be centered on or adjacent to rear or side lot lines.
3.
Telephone, electric, television, cable, natural gas lines, water
lines and other such utilities shall be installed underground and
shall be provided within the street right-of-way or easements to be
dedicated for such utilities but they are not to be installed under
the paved cartway width of the street. Storm and sanitary sewers may
be installed under the cartway. All utilities shall be installed at
a minimum depth of 30 inches except for water which must be at least
48 inches deep.
4.
Underground installation of utility distribution and service lines
shall be completed prior to street paving and gutter, curbing and
sidewalk installation.
5.
Conduits shall be installed under the roadway prior to paving to
provide utility access to lots on the opposite side of streets from
where the mains are installed. No pave cuts or under pavement boring
will be allowed for utility connections once the pavement has been
installed.
6.
All utility installations shall be in accordance with plans approved
by Council and the applicable utility company.
[Ord. 1994-4, 4/4/1994, § 608]
1.
Monuments shall be of concrete or stone at least six inches by six
inches by 30 inches and marked on top with a copper or brass dowel.
They shall be set at the intersection of lines forming angles in the
boundaries of the subdivision and at the intersection of street lines.
Markers shall be iron pipes or brass 30 inches by 3/4 inch diameter
and set at all points where lines or lines and curves intersect.
2.
Monument Replacement. Any monuments or markers that are removed must
be replaced by a registered land surveyor at the expense of the person
responsible for the removal.
[Ord. 1994-4, 4/4/1994, § 609]
[Ord. 1994-4, 4/4/1994, § 610]
All improvements shall be installed according to a time schedule
which shall be approved by Council.
[Ord. 1994-4, 4/4/1994, § 611]
At the time each improvement is to be installed and upon its
completion, the subdivider shall notify Council so that adequate inspections
can be made. The inspection will be made by the Borough Engineer.
All costs of undertaking the inspection will be borne by the subdivider.
[Ord. 1994-4, 4/4/1994, § 612]
1.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter
and any walkways, curbs, gutters, street lights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with this chapter. In lieu of the completion of any improvements required
as a condition for final approval of a plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with the Borough financial security in an amount sufficient to cover
the costs of such improvements or common amenities including basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
2.
When requested by the developer, in order to facilitate financing,
Council shall furnish the developer with a signed copy of a resolution
indicating approval of the final plat contingent upon the developer
obtaining a satisfactory financial security. The final plat or record
plan shall not be signed nor recorded until the financial improvements
agreement is executed. The resolution or letter of contingent approval
shall expire and be deemed revoked if the financial security agreement
is not executed within 90 days unless a written extension is granted
by Council; such extension shall not be unreasonably withheld and
shall be placed in writing at the request of the developer.
3.
Without limitation as to other types of financial security which
the Borough may approve, which approval shall not be unreasonably
withheld, federal or commonwealth chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
4.
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
5.
Such bond, or other security shall provide for, and secure to the
public the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
6.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimate as of 90 days following the date scheduled for
completion by the developer. Annually, the Borough may adjust the
amount of financial security by comparing the actual cost of the improvements
which have been completed and the estimated cost for the completion
of the remaining improvements as of the expiration of the 90th day
after either the original date scheduled for completion or a rescheduled
date of completion. Subsequent to said adjustment, the Borough may
require the developer to post additional security in order to assure
that the financial security equals said 110%. Any additional security
shall be posted by the developer in accordance with this subsection.
7.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the applicant or developer and prepared by a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Borough, upon
the recommendation of the Borough Engineer, may refuse to accept such
estimate for good cause shown. If the applicant or developer and the
Borough are unable to agree upon an estimate, then the estimate shall
be recalculated and recertified by another professional engineer licensed
as such in this commonwealth and chosen mutually by the Borough and
the applicant or developer. The estimate certified by the third engineer
shall be presumed fair and reasonable and shall be the final estimate.
In the event that a third engineer is so chosen, fees for the services
of said engineer shall be paid equally by the Borough and the applicant
or developer.
8.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
9.
In the case where development is projected over a period of years,
the Council may authorize submission of final plats by sections or
stages of development subject to such requirements or guarantees as
to improvements in future section or stages of development as it finds
essential for the protection of any finally approved section of the
development.
10.
As the work of installing the required improvements proceeds, the
party posting the financial security may request Council to release
or authorize the release, from time to time, of such portions of the
financial security necessary for payment to the contractor or contractors
performing the work. Any such requests shall be in writing addressed
to Council, and Council shall have 45 days from receipt of such requests
within which to allow the Borough Engineer to certify, in writing,
to Council that such portion of the work upon the improvements has
been completed in accordance with the approved plat. Upon such certification
Council shall authorize release by the bonding company or lending
institution of an amount estimated by the Borough Engineer fairly
representing the value of the improvements completed or, if Council
fails to act within said forty-five-day period, Council shall be deemed
to have approved the release of funds as requested. Council may, prior
to final release at the time of completion and certification by its
engineer, require retention of 10% of the estimated cost of the aforesaid
improvements.
11.
Where Council accepts dedication of all or some of the required improvements
following completion, Council may require the posting of financial
security to secure structural integrity of said improvements as well
as the functioning of said improvements in accordance with the design
specifications as depicted on the final plat for a term not to exceed
18 months from the date of acceptance and dedication. Said financial
security shall be of the same type as otherwise required in this section
with regard to installation of such improvements, and the amount of
the financial security shall not exceed 15% of the actual cost of
installation of said improvements.
12.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Borough, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
13.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, the Borough shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plat upon actual completion
of the improvements depicted upon the approved final plat. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following
the improvement of the streets providing access to and from existing
public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plat, either upon the lot
or lots beyond the lot or lots in question if such improvements are
necessary for the reasonable use of or occupancy of the building or
buildings.
[Ord. 1994-4, 4/4/1994, § 613]
1.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify Council in writing, by certified
or registered mail, of the completion of the aforesaid improvements
and shall send a copy thereof to the Borough Engineer. Council shall,
within 10 days after receipt of such notice, direct and authorize
the Borough Engineer to inspect all of the aforesaid improvements.
The Borough Engineer shall, thereupon, file a report in writing, with
Council, and shall promptly mail a copy of the same to the developer
by certified or registered mail. The report shall be made and mailed
within 30 days after receipt by the Borough Engineer of the aforesaid
authorization from Council; said report shall be detailed and shall
indicate approval or rejection of said improvements, whether in whole
or in part, and if said improvements, or any portion thereof, shall
not be approved or shall be rejected by the Borough Engineer, said
report shall contain a statement of reasons for such nonapproval or
rejection.
2.
Council shall notify the developer, within 15 days of receipt of
the Engineer's report, in writing by certified or registered
mail of the action of said Council with relation thereto.
3.
If Council or the Borough Engineer fails to comply with the time
limitations provisions contained herein, all improvements will be
deemed to have been approved and the developer shall be released from
all liability, pursuant to its performance guaranty bond or other
security agreement.
4.
If any portion of the said improvements shall not be approved or
shall be rejected by Council, the developer shall proceed to complete
the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
5.
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 Council or the Borough Engineer.
6.
Where herein reference is made to the Borough Engineer, he shall
be as a consultant thereto.
7.
The applicant or developer shall reimburse the Borough for the reasonable
and necessary expense incurred for the inspection or improvements
according to a schedule of fees adopted by resolution of Council and
as from time to time amended. Such expense shall be reasonable and
in accordance with the ordinary and customary feed charged by the
Borough Engineer or consultant for work performed for similar services
in the community, but in no event shall the fees exceed the rate or
cost charged by the Engineer or consultant to the Borough when fees
are not reimbursed or otherwise imposed on applicants.
A.
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Borough
that such expenses are disputed and unreasonable or unnecessary, in
which case the Borough shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to applicant's request over disputed engineer
expenses.
B.
If within 20 days from the date of billing, the Borough and the applicant
cannot agree on the amount of expenses which are reasonable and necessary,
then the applicant and the Borough shall jointly, by mutual agreement,
appoint another professional engineer licensed as such in the Commonwealth
of Pennsylvania to review the said expenses and make a determination
as to the amount thereof which is reasonable and necessary.
C.
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer in his or her
sole opinion deems necessary and render a decision within 50 days
of the billing date. The applicant shall be required to pay the entire
amount determined in the decision immediately.
D.
In the event that the Borough and the applicant cannot agree upon
the professional engineer to be appointed within 20 days of the billing
date, then, upon application of either party, the president judge
of the court of common pleas of the judicial district in which the
Borough is located (or if at the time there be no president judge,
then the senior active judge then sitting) shall appoint such engineer,
who, in that case, shall be neither the Borough Engineer nor any professional
engineer who has been retained by, or performed services for, the
Borough or the applicant within the preceding five years.
E.
The fee of the appointed professional engineer for determining the
reasonable and necessary expenses shall be paid by the applicant if
the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Borough shall
pay the fee of the professional engineer, but otherwise the Borough
and the applicant shall each pay one-half of the fee of the appointed
professional engineer.
[Ord. 1994-4, 4/4/1994, § 614]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plat the Council is hereby granted the power to enforce
any corporate bond, or other security by appropriate legal and equitable
remedies. If the proceeds of such bond, or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, Council may, at its
option, install part of such improvements in all or part of the subdivision
or land development and may institute appropriate legal or equitable
action to recover the moneys necessary to complete the remainder of
the improvements. All of the proceeds, whether resulting from the
security or from any legal or equitable action brought against the
developer, or both, shall be sued solely for the installation of the
improvements covered by such security, and not for any other Borough
purpose.
