Borough of Catasauqua, PA Design Standards and Required Improvements

All subdivisions and land developments shall comply fully with all federal, state, county, Borough and other applicable laws and regulations. Evidence of the receipt of any permits or approvals required by such laws and regulations shall be submitted by the subdivider and shall be a condition of the approval of any plan submitted under this chapter.

Where such other laws and regulations are more restrictive than those contained herein, such other regulations shall be observed.

General design standards and comprehensive plan requirements.

Land shall be suited to the purpose for which it is to be subdivided. Land which is unsafe or unsuited for development due to flooding, subsidence, underground fires, open quarries, unconsolidated fill, steep slopes or other hazardous conditions shall not be subdivided unless proper safeguards are provided and approved by the Commission.

Consideration shall be given in the design of all land developments and subdivisions to the future development needs of the Borough and the objectives established in any officially prepared Borough or regional comprehensive or master plan for land use, streets and thoroughfares, public utilities and facilities and to other governmental plans affecting the subdivision and land development.

In reviewing subdivision plans, the Commission will consider the adequacy of existing or proposed community facilities to serve the additional dwellings proposed by the subdivision.

Where a proposed park, playground, school or other public use shown in the Comprehensive Plan is located in whole or in part in a subdivision, the Commission may require the reservation of such area as may be deemed reasonable. Where said area is not dedicated, it shall be reserved for acquisition or initiation of condemnation proceedings by the Borough for a period of one year, after which such reservation shall lapse if action to acquire said property has not been taken by the Borough.

Areas provided or reserved for such community facilities should be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed.

The layout of the proposed subdivision shall be in general conformity with the features or developments proposed in the master plan of the Borough.

All plan proposals shall be coordinated with existing and proposed development on adjoining or adjacent land.

Street system layout.

Proposed streets shall be designed to provide safe and efficient access to all parcels, to create a functional street system including major streets, collector streets and local streets where appropriate, and to minimize street intersections and pedestrian-vehicular conflicts.

Where a subdivision abuts an existing street which has a narrow width, improper alignment or other deficiency, the Commission may require the dedication of additional right-of-way to correct the existing deficiency.

The street system layout shall make adequate provision for any possible resubdivision or new additional subdivision of the area being subdivided.

Street dimensions and design standards shall be in accordance with Table 1.[2]

[2]

Editor's Note: Table 1 is included at the end of this section.

The location of all major streets in the proposed subdivision and land development shall conform in general alignment to the traffic plan adopted by the Borough Planning Commission.

The proposed street layout shall provide for the continuation or projection of existing streets in the surrounding area unless the Commission deems such extension undesirable for specific reasons of topography or design.

Streets shall be logically related to the topography to produce usable lots and reasonable grades.

Minor streets shall be laid out to discourage through traffic, but provision for street connections into and from adjacent areas will generally be required.

(9)

Proposed streets shall be extended to provide access to adjoining property where necessary.

(10)

Adequate street rights-of-way shall be provided as necessary where lots in the proposal are large enough to permit resubdivision, or if a portion of the tract is not subdivided.

(11)

Where a subdivision abuts or contains an existing or proposed major traffic street, the Commission may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with the major street, and separation of local and through traffic.

Where residential reverse frontage lots are utilized, they shall have a rear yard with a minimum depth of 75 feet to the ultimate right-of-way of the major street on which they abut and they shall have a planting screen easement at least 10 feet wide across which there shall be no right of access.

(12)

New half or partial streets will not be permitted, except where essential to reasonable subdivision of a tract in conformance with the other requirements and standards contained herein and where, in addition, satisfactory assurance for dedication of the remaining part of the street can be secured.

(13)

Wherever a tract to be subdivided borders an existing half or partial street, the other part of the street shall be plotted within such tract.

(14)

Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, or when designed as culs-de-sac.

(15)

New reserve strips, including those controlling access to streets, shall be avoided.

Street intersections.

Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 60°.

Multiple intersections involving junction of more than two streets shall be avoided. Where this proves impossible, such intersections shall be designed with extreme care for both pedestrian and vehicular safety.

Clear sight triangles shall be provided at all street intersections within which no obstruction to vision shall be permitted between a height of two to 10 feet above the center-line grade of each street. Such clear sight triangles shall be established from the point intersection of the center lines of the intersecting streets for a distance of 75 feet where both streets are local streets, 100 feet where one or both streets are collector streets, and 150 feet where one or both streets are major streets.

To the fullest extent possible, intersection with major traffic streets shall be located not less than 800 feet apart, measured from center line to center line.

Two streets intersecting a third street from opposite sides shall be laid out directly opposite one another, or with a minimum center line offset of 125 feet when all streets are minor streets, or with a minimum center-line offset of 300 feet when one or more of the streets is a collector street or a major traffic street.

Minimum curb radii at street intersections shall be 20 feet for intersections involving only minor streets, 30 feet for intersections involving collector streets, and 40 feet for intersections involving major traffic streets.

Where the grade of any street at the approach to an intersection exceeds 7%, a leveling area shall be provided having not greater than four-percent grades for a distance of 25 feet measured from the nearest right-of-way line of the intersecting street.

Cul-de-sac streets.

Cul-de-sac streets, permanently designed as such, shall be considered to be minor streets and they shall not exceed 600 feet in length, and shall generally furnish access to not more than 25 dwelling units.

Cul-de-sac streets shall be provided at the closed end with a paved turnaround having a minimum radius to the outer pavement edge or curbline of 40 feet and a minimum right-of-way radius of 50 feet.

Unless future extension is clearly impractical or undesirable, a turnaround right-of-way of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining tract.

Lot design standards.

Area and other dimensions of lots and parcels shall conform with the requirements of the Zoning Ordinance (Chapter 280) of the Borough of Catasauqua, as amended.

All lots shall front upon a public street.

The ratio of the depth of any lot to its width shall not be greater than 2 1/2 to one, except as may be specified in the Zoning Ordinance (Chapter 280) of the Borough.

Side lot lines shall be substantially at right angles or radial to street lines.

If remnants of land exist after subdividing, they shall be incorporated in existing or proposed lots, or dedicated to public use if acceptable to the Borough.

Double frontage lots are prohibited, except where employed to prevent vehicular access to major traffic streets.

Depth and width of parcels laid out or reserved for nonresidential use shall be sufficient to provide satisfactory space for off-street parking and unloading as required by the provisions of the Zoning Ordinance (Chapter 280).

Easements.

Easements with a minimum width of 10 feet plus the width of any required pipe or other improvement shall be provided as necessary for utilities and drainage facilities.

Aboveground utilities shall be placed along the rear or side lot lines unless they are existing along the street prior to the submission of the preliminary plan to the Planning Commission.

To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.

Where a subdivision is traversed by a watercourse, there shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse and of such width as will be adequate to preserve natural drainage.

Blocks.

The length, width and shape of blocks shall be determined with due regard to the following:

Provision of adequate sites for buildings of the type proposed.

Zoning requirements.

Topography.

(d)

Requirements for safe and convenient vehicular and pedestrian circulation.

Blocks shall have a minimum length of 750 feet and a maximum length of 1,200 feet. In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory fire protection.

Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots bordering a major traffic street are used, where special superblock, cluster design, planned unit developments or other large scale, commercial or industrial developments are proposed, or where topographic or other conditions prevent such a design.

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.

Driveways.

Driveway widths shall be designed to properly and safely serve the function for which they are intended. Such driveways shall generally not be less than 10 feet wide or greater than 30 feet wide.

Driveway entrances shall be clearly defined and shall provide a minimum turning radii at the street intersection of five feet when serving a single-family unit and 10 feet when serving a higher density or more intensive development. Such turning radii shall be properly constructed in relation to the type of curb provided.

The number of driveways and driveway intersections on a major traffic street shall be minimized and avoided where possible. Permits for driveways intersecting with state roads or highways shall be secured from the Pennsylvania Department of Transportation. Such driveway intersection shall generally not be located closer than 70 feet from any street intersection right-of-way line.

Driveway grades shall not exceed 10% when access is to a collector or local street, or 7% when access is with a major traffic street.

Mobile home park design standards. All subdivisions and land developments designed as a mobile home park or mobile home court, in accordance with the regulations of the Catasauqua Zoning Ordinance (Chapter 280), shall also comply with all of the provisions, design standards, required improvements, plan and plan submission requirements and all other sections of this chapter and also with the requirements of the State of Pennsylvania for such mobile home parks or courts. The following additional requirements shall also apply to mobile home parks:

All mobile home parks shall provide and maintain a visual screen along all property boundary lines consisting of a six-foot-high fence and/or suitable natural plant materials. A planting plan specifying the type, size and location of existing and proposed plant and fence material shall be required.

Mobile home stands shall be provided for each mobile home. Such a mobile home stand shall be constructed of concrete or similar material and shall be well drained to permit continued use under all weather conditions. An adequate foundation for the placement and tie-down of the mobile home shall also be provided for the purpose of stabilizing the superstructure against uplift, sliding, rotation and overturning. The mobile home stand shall be constructed in a permanent manner and shall be provided with anchors and tie-downs in order to secure the mobile home. Such anchors shall be placed at least at the corner of the mobile home stand and shall be able to sustain a total tensile load equal to four times the weight of the particular mobile home.

All mobile home parks shall be served with a system of common walks providing convenient and safe pedestrian access to all parts of the mobile home park.

A central storage building shall be provided to serve all of the mobile homes in the development or, in lieu thereof, a separate storage shed shall be located on each mobile home lot so that every mobile home unit will have adequate space for the storage of lawn, garden and other equipment in an enclosed structure.

All mobile home parks shall provide for the enclosure of the foundation area on which the mobile home unit is situated.

Each mobile home lot shall be provided with at least a four inch diameter vertical riser pipe which connects the mobile home sewage drain outlet to the sewer line. Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least six inches above ground elevation.

Each mobile home lot shall have a water riser pipe which connects the mobile home water system to the central water system. An outside hose bib shall be supplied for each mobile home.

All fuel supply lines and storage tanks shall be underground and shall be constructed in accordance with appropriate state agency regulations.

Storm drainage.

Lots shall be laid out and graded to provide positive drainage away from buildings.

Storm sewers, culverts and related installations shall be provided:

To permit unimpeded flow of natural watercourses.

To insure adequate drainage of all low points along the line of streets.

To intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained.

In the design of storm sewerage installations, special consideration shall be given to avoidance of problems which may arise from concentration of stormwater runoff over adjacent properties.

Storm drainage systems shall be designed separately from any sanitary sewer systems and such storm systems shall be installed in accordance with sound and established engineering practices as determined by the Commission Engineer. Such storm systems shall be designed to accommodate any storm discharges from the property being subdivided and any additional runoff which may occur from higher elevations within the same watershed when it is fully developed. Such storm systems shall not overload existing storm drainage systems or create flooding hazards.

Public water and sewer facilities. All subdivisions and land developments located within the Borough of Catasauqua shall be served with public water and sanitary sewer facilities unless the Commission determines that such facilities are not required or that suitable alternate facilities meeting the requirements of the Pennsylvania Department of Environmental Protection shall be provided. Such public facilities shall be designed in accordance with the requirements of the Borough of Catasauqua, subject to the review and approval of the Commission Engineer.

Other utilities.

A plan for providing all necessary utility services to the proposed subdivision and land development shall be prepared by the developer in cooperation with the appropriate public utility companies and governmental agencies.

In accordance with a Pennsylvania Public Utility Commission order of July 8, 1970, all electric utility distribution lines shall be installed underground in subdivisions or land developments of five or more dwelling units. Wherever practicable, telephone and cable television utilities shall also be installed underground.

Wherever practicable, in accordance with good engineering practice, utility easements and trenches shall be occupied jointly by compatible electric, gas, water, sewage and communication utilities.

Environmental protection standards. In the design of any subdivision and land development the Commission shall require that maximum consideration be given to the preservation and protection of the natural environment so as to safeguard the public health, safety and welfare of all residents of the Borough and to minimize any adverse effects resulting from the proposed development. Where the development may create an environmental problem the Commission may require and the subdivider shall present a plan indicating the specific manner in which the problem will be minimized or eliminated. No preliminary or final plan application shall be considered effective until such a required plan has been submitted. The Commission may refer such a plan to any appropriate governmental or other agency or authority qualified to review and/or determine if the plan meets the requirements and objectives of this chapter and the requirements of any other federal, state, county, Borough or other applicable law or regulation. Environmental factors for which the Commission may require a plan include, but are not limited to, the following:

Erosion and sediment control.

Soil conservation.

Drainage and floodplain regulations.

Natural feature preservation.

Lake, stream and river frontage preservation.

Tree preservation, removal and planting.

Topographic and geologic factors.

Topsoil protection.

Table 1
Design Standards for Streets and Sidewalks
	Type of Street
			Local		Marginal Access Local
Design Specification	Major	Collector	Low Density^d	Medium Density^e	Two-Way	One-Way
Right-of-way width (feet)	80	60	50	50	40	30
Pavement width (feet)	40	36	28	34	28	20
Minimum center-line radii for horizontal curves (feet)^a	600	300	150	150	150	150
Minimum sight distance (feet)^b	600	300	200	200	200	200
Maximum grade (%)^c	5	7	10	10	10	10
Sidewalk width (feet)	5	5	4	5	3	3

NOTES:
^a	Whenever street lines are deflected in excess of 5°, connection shall be made by horizontal curves. Except on minor streets, a 100-foot minimum tangent shall be required between curves.
^b	Vertical curves shall be used at changes of grade exceeding 1% and shall be designed in relation to the extent of the grade change and to provide the minimum sight distances listed above.
^c	To provide for adequate drainage, the minimum grade shall be not less than 0.75%.
^d	Low density includes developments having a gross project density of less than eight units per acre.
^e	Medium density includes developments having a gross project density of eight units per acre or more.

[1]

Editor's Note: Table 1 is included at the end of this section.

§ 235-14 Required improvements.

Application.

The minimum improvements required for all subdivisions and land developments, which shall be provided by the subdivider, shall be as set forth in this section. Such improvements shall be constructed in accordance with the provisions of this section and with the detailed construction specifications established by the Commission Engineer which are on file at the office of the Borough Manager.

Alternate improvement standards may be permitted if the Commission deems them equal or superior in performance characteristics to any specified improvements. Additional or higher type improvements may be required in specific cases where the Commission finds them to be necessary to create a condition essential to the public health, safety and general welfare of the citizens of the Borough of Catasauqua.

All improvements are subject to the review, advice and inspection of the Commission Engineer.

Summary of required improvements. Minimum improvements to be required of the subdivider, where applicable, shall include paved streets and driveway entrances, curbs, sidewalks, street trees, public sanitary sewer, water, storm drainage and utility facilities, street signs, street lighting, fire hydrants and monuments and markers.

Street construction standards.

Streets shall be graded, surfaced and improved to the grades and dimensions shown on the plans, profiles and cross-sections submitted by the subdivider and approved by the Commission and the Borough Council.

The entire right-of-way width shall be graded to the approved cross-section. All trees, stumps and other material deemed unsuitable by the Commission Engineer shall be removed to a depth of two feet below subgrade and the excavation shall be backfilled and suitably compacted.

The finished road surface, both tangent and curve, shall be crowned at 1/4 inch per foot away from the center line.

Prior to placing the street surface, the subgrade shall be graded parallel to the finished crown to permit the proper drainage of the subbase. The subbase shall be outletted to the satisfaction of the Commission Engineer. Adequate subsurface drainage for the streets and all subsurface utilities as acceptable to the Commission shall be provided or installed by the subdivider.

Minimum slopes of banks measured perpendicular to the center line of the street shall generally be two to one for cuts and fills with actual slopes to be specified by the Commission Engineer depending on the nature of the proposed construction and on soil conditions.

The pavement shall be placed on a well-compacted and prepared subgrade. Subbase material shall be provided except that if the material has adequate bearing capacity and is well drained, the subbase may be omitted as determined by the Commission Engineer.

In all respects in which standards for required improvements are not set forth herein or specified by the Commission or the Borough of Catasauqua, the applicable standard requirements of the Pennsylvania State Department of Transportation shall govern and all work shall be performed in the manner prescribed in the standard specifications for road construction of said Department of the type of construction under consideration.

Driveway entrances or aprons within the street right-of-way shall be surfaced to their full width, the type of surface to be portland cement concrete.

Curbs and gutters. Curbs shall be provided on all roads proposed for dedication. They shall be either portland cement concrete of the vertical or rolled type or equivalent. All curb requirements shall be in conformance with good engineering practice and subject to the approval of the Engineer.

Sidewalks and crossovers. Sidewalks shall be located within the street right-of-way and shall not be closer than one foot from the right-of-way line. Sidewalks and crossovers shall be constructed of concrete or other equivalent material in accordance with the requirements of detailed specifications of the Commission Engineer.

Street trees. Street trees of a deciduous hardwood type with a minimum caliper of two inches, as approved by the Planning Commission and by the Catasauqua Shade Tree Commission, shall be planted in the public right-of-way adjacent to the sidewalk at an average spacing of 50 feet in a manner that will not adversely affect the sidewalk construction.

Public sanitary sewer, water, storm drainage and utility facilities. Public sanitary sewer, water, storm drainage and utility facilities shall be provided as required by § 235-13K, L, and M of this chapter, in accordance with the requirements of the Borough of Catasauqua and subject to the approval of the Commission Engineer.

Monuments and markers.

Monuments shall be of concrete or stone with a minimum size of six inches by six inches by 36 inches, and shall be marked on top with a 1/2 inch round brass pin, or a drilled hole. Markers shall consist of iron pipes or iron or steel bars at least 15 inches long, and not less than 3/4 inch in diameter.

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.

Monuments shall be set in readily accessible locations at all angles of the property or in the right-of-way of existing streets.

Markers shall be set:

At the beginning and ending of all curves along street property lines.

At all points where lot lines intersect curves, either front or rear.

At all angles in property lines of lots.

(d)

At all other lot corners.

Any monuments or markers that are removed shall be replaced by a competent engineer at the expense of the person removing them.

Other improvements.

Street name signs shall be installed at all street intersections.

Street lighting shall be provided to adequately illuminate all streets.

Fire hydrants shall be provided to insure adequate fire protection service.

The above improvements are to be installed in accordance with the requirements of the Borough of Catasauqua subject to the review and recommendation of the Commission Engineer.

§ 235-15 Park and recreation land.

[Added 4-4-1988 by Ord. No. 929; amended 6-5-1995 by Ord. No. 1031; 12-19-2011 by Ord. No. 1274]

Every proposed residential subdivision of land or residential land development plan regulated by this chapter and the Municipalities Planning Code, as amended,[1] shall provide land for dedication which is suitable for park and/or recreation purposes.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

The amount of land required to be dedicated shall be 1,500 square feet for each lot that is part of an approved plan and is intended to accommodate a single-family dwelling (whether attached or detached), and for each lot that is part of an approved plan and is intended to accommodate a dwelling other than a single-family dwelling, 10% of the total lot area or 1,500 square feet per dwelling unit, whichever is greater. If at the time of plan submission the developer is domiciled in a dwelling unit in one of the lots in the proposed subdivision or development, said lot or dwelling unit shall not be included in this calculation.

All land proposed for dedication as park and/or recreation land shall comply with the standards set forth in Subsection I below.

A developer shall dedicate land for park and recreation purposes. In lieu thereof, the developer may propose the following, or a combination of the following, subject to approval of the Council:

Dedication of land for park and/or recreation purposes;

Payment of a recreation fee;

Construction of park and/or recreational facilities; or

Private reservation of park and/or recreation land.

If the developer receives approval from the Council for the payment of a fee in lieu of dedication of all or some of the required park and/or recreation land, then the fee shall be calculated on the basis of the most current fee schedule maintained by the Borough.[2]

[2]

Editor's Note: See Ch. A285, Fees.

If the developer elects to pay a fee in lieu of the dedication of park and/or recreation land, then such payment, if approved by the Council, shall be deemed a condition of plan approval and shall be paid to the Borough at the time of execution of the improvements agreement, and if no improvements agreement is required, then prior to recording the approved plan.

All fees paid pursuant to this section shall be maintained in a separate, interest-bearing account for the purpose of park and recreation. Such funds shall not be used for any purpose inconsistent with the applicable provisions of the Municipalities Planning Code, as amended.[3]

[3]

Editor's Note: See 53 P.S. § 10101 et seq.

The requirements of this section shall be in addition to and not in lieu of:

Open space or other similar features required to be provided in connection with certain uses, developments, subdivisions and/or other residential living arrangements pursuant to the Zoning Ordinance;[4] and

[4]

Editor's Note: See Ch. 280, Zoning.

Any private park and/or recreation land provided by the developer for the benefit of the residents thereof, unless approved by the Council.

General standards for park and recreation land.

Unless otherwise approved by the Council, where the developer elects to fulfill the requirements of this section through an offer of dedication of land to the Borough, the developer shall demonstrate to the satisfaction of the Borough that the land will support a legitimate park and recreation use considering, where relevant, the following factors:

Consistency with the Borough of Catasauqua Recreation, Park and Open Space Plan, as may be amended from time to time;

Consistency with the Borough's Official Map, as may be amended from time to time;

Availability for use of the public;

(d)

Location entirely within the Borough;

(e)

Means for public ingress and egress;

(f)

Accessibility of essential utilities and services;

(g)

Ability to accommodate adequate vehicle parking facilities;

(h)

Suitability of land characteristics for the intended use, including but not limited to configuration, natural features, cultural features and man-made features;

(i)

Compatibility with the surrounding neighborhood;

(j)

Proximity to other community facilities; and

(k)

Such other factors that the Borough may deem relevant.

§ 235-16 Completion of improvements or guarantee thereof prerequisite to final plat approval.

[Amended 12-6-1976 by Ord. No. 739; 5-3-1982 by Ord. No. 839; 6-5-1995 by Ord. No. 1031]

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 the final approval of a plat, including improvements or fees otherwise required by this chapter, the developer may deposit with the Borough financial security in an amount sufficient to cover the costs of such improvements or common amenities including basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required.

When requested by the developer, in order to facilitate financing, the Borough Council, shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining 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 to be revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by the Borough Council; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

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.

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.

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.

The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Borough may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 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.

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.

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.

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

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

Where the Borough Council accepts dedication of all or some of the required improvements following completion, the Borough Council may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.

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.

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 or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.

Development agreement. All subdividers proposing any subdivision or land development requiring the installation of improvements as required herein shall be required to enter into a legally binding development agreement with the Borough of Catasauqua guaranteeing the installation of said improvements in accordance with all Borough requirements. The development agreement shall be in a form suitable for execution by the Borough Council and it shall consist of the following, where applicable:

The construction authorized by the approved final plans. All improvements shall be proposed for construction in accordance with the requirements of this chapter and with the requirements of any other standard specifications in use by the Borough for improvements of the type proposed.

Construction of streets with related curbs, sidewalks, street trees, etc.

Installation of utility lines.

Installation of underground street lighting cable and street lighting poles.

Dedication of streets, transfer of water and sewer lines and easements.

Prevention of erosion and water damage to adjacent properties.

Developer's responsibilities for damage to other property.

The cost of all Borough inspection to be borne by the developer.

(9)

A work schedule, beginning and ending dates, for improvements contained herein.

(10)

The payment of all reasonable legal costs and expenses incurred by the Borough including, but not limited to, the cost of preparing the development agreement.

(11)

The contractors' bid costs of the improvements and form and amount of improvement security.

(12)

Agreement to provide maintenance security, in the form of a bond or escrow deposit or other security approved by the Borough Solicitor, for the repair or reconstruction of all improvements which are found by the Borough Engineer to be defective within 18 months from the date on which the Borough accepted or released the same.

(13)

The developer shall provide the Borough with a set of reproducible "as built" plans.

(14)

Provisions for violation of the development agreement.

(15)

Developer shall secure or maintain public liability insurance.

(16)

A save harmless clause.

(17)

Liability of developer during warranty period.

(18)

No improvements shall be commenced or work begun prior to the execution of this agreement, the delivery of the bond or escrow agreement and deposit and the recording of the final plan.

(19)

Developer shall agree to abide by all requirements of this chapter, and amendments hereto, together with the particular time frames which may be set forth in this chapter.

(20)

Other requirements.

§ 235-17 Release from improvement bond.

[Added 6-5-1995 by Ord. No. 1031]

When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report in writing, with the Borough Council, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer of the aforesaid authorization from the Borough Council; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.

The Borough Council shall notify the developer, within 15 days of receipt of the Engineer's report, in writing by certified or registered mail of the action of said Borough Council with relation thereto.

If the Borough Council or the Borough Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.

If any portion of the said improvements shall not be approved or shall be rejected by the Borough Council, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise, any determination of the Borough Council or the Borough Engineer.

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

The applicant or developer shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection of improvements according to a schedule of fees adopted by resolution of the Borough Council[1] and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Borough Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants.

In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Borough that such expenses are disputed as unreasonable or unnecessary, in which case the Borough shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.

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.

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.

In the event that the Borough and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Borough is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Borough Engineer nor any professional engineer who has been retained by, or performed services for, the Borough or the applicant within the preceding five years.