Borough of Coopersburg, PA Article V Improvement Specifications

§ 195-25 General requirements.

A. Physical improvements to the subdivision/land development tract shall be provided, constructed and installed as shown on the record plan, in accordance with the requirements of this chapter.

B. As a condition to review of a final plan by the Borough Engineer, the developer shall agree with the Borough Council, public utility or municipal authority as to installations of all improvements shown on the plan and required by this chapter. Before the record plan may be endorsed by the Borough Council, the developer shall submit a completed and executed original copy of the subdivision improvements agreement and performance and maintenance guarantees in the amount required by § 195-27.

C. All improvements installed by the developer shall be constructed in accordance with the design specifications of the Borough Council, public utility or Municipal Authority.

D. Inspection of the installation of those improvements required by § 195-26, shall in all cases be the responsibility of the Borough Council and Borough Engineer.

§ 195-26 Required improvements.

Improvements shall be provided, constructed and installed by the developer as stated in the improvements agreement, shown on the record plan, and in accordance with the design standards set forth in Article IV of this chapter. The following improvements will be required in all applicable cases:

A. Street excavating, grading, subgrade preparation, base course paving and surface course paving installed according to the Coopersburg Borough specifications.

B. Concrete curbing of the vertical type, or stabilized shoulder and drainage swale with no curbing installed according to the Coopersburg Borough specifications.

C. Concrete sidewalks or interior walkways installed according to the Coopersburg Borough specifications in connection with road construction pursuant to § 195-26A or when required by§ 195-15B.

D. Sanitary sewer system improvements installed according to the specifications of the municipality, public utility, the appropriate government authority and the Department of Environmental Protection.

E. Water supply and distribution system improvements installed according to the specifications of the municipality, public utility, the appropriate governmental authority, and the Department of Environmental Protection.

F. Storm drainage system improvements installed according to the Coopersburg Borough specifications.

G. Monuments shall be installed:

(1) Permanent reference monuments shall be located at each intersection of rights-of-ways of street(s) constructed by the developer, at the beginning and ending of all street curves, and at exterior corners of the subdivision or land development unless an alternate arrangement is approved that still permits a surveyor to stake out accurately any building lot shown on the record plan.

(2) Monuments shall be made of PennDOT Class "A" concrete, shall be four inches by four inches square or four inches in diameter at the top, and shall taper from four inches at the top to six inches at the bottom. All monuments shall be a minimum of 30 inches in length and shall be marked with a round metal cap, rebar or drilled hole. All monuments in developed areas shall be flush with finished grade and, in undeveloped areas, shall be set two inches to three inches above existing grade.

(3) All monuments shall be placed by a registered surveyor so that the scored point shall coincide exactly with the point of intersection of the line being monumented.

(4) Monuments shall be set with their top level with the finished grade of the surrounding ground, except:

(a) Monuments which are placed within the lines of existing or proposed sidewalks shall be so located (preferably beneath the sidewalks) that their tops will not be affected by lateral movement of the sidewalks; and

(b) Where monuments are located beneath a sidewalk, proper access shall be provided for their use.

(c) Where sidewalks are existing, a stone point (a four-inch square chisel cut in the sidewalk with a drill hole in center) may be substituted for a monument.

(5) Lot corner markers shall be provided at all lot corners. Lot corner markers shall be permanently located and shall be a No. 4 (1/2 inch) or No. 5 (5/8 inch) diameter rebar a minimum length of 30 inches. Lot corner markers shall be located in the ground flush to existing grade.

H. Fire hydrants installed according to the specifications of the Coopersburg Borough and the appropriate authority.

I. Street signs installed according to municipal specifications.

J. Shade trees shall be of nursery-stock quality of a species grown under the same climatic condition as exist in the municipality. The trees shall be of symmetrical growth, free of insect pests and disease, suitable for street use, and durable under the maintenance contemplated.

§ 195-27 Improvements guarantee procedure.

A. Before the Borough Council approves any final plan and as a prerequisite for approval, the developer shall deliver to the Council a performance guarantee in the amount of 110% of the cost of all improvements required by this chapter, as determined in accordance with the procedures set forth in the Municipalities Planning Code, as amended, in a form and with a surety as determined in accordance with the procedures set forth in the Municipalities Planning Code, as amended, guaranteeing the construction and installation of all such improvements before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements. Upon written application signed by both the obligor and surety of the performance guarantee in a form approved by the Solicitor, the Borough Council, public utility or municipal authority may, at their discretion, extend said period by not more than three additional years. 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 event of default under a performance guarantee, the proceeds of the performance guarantee received by the municipality, public utility or municipal authority shall be used to construct and install the improvements.

B. Before the Borough Council approves any final plan and as a prerequisite for approval, the developer shall deliver to the Borough Council, a maintenance guarantee in an amount of not less than 15% of the actual cost of the installation of all improvements required by this chapter, guaranteeing acceptance of all such improvements by the Borough Council.

§ 195-28 Approval of improvements and release of performance guarantee by the Borough Council.

A. The approval of improvements and release of performance guarantee by the Borough Council and the inspection of the improvements shall occur in conformance with the procedures prescribed by the Pennsylvania Municipalities Planning Code.

B. 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 plan, the Borough Council is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough 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 monies 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 used solely for the installation of the improvements covered by such security and not for any other municipal purpose.