[Ord. 86-5, 1/14/1987]
The following improvements shall be installed by the subdivider.
The final plan shall not be approved until final detailed design of
the improvements is approved and the improvements are installed or
security to the Board of Supervisors is provided.
[Ord. 86-5, 1/14/1987]
Streets shall be brought to the grades and dimensions drawn
on plans, profiles, and cross-sections submitted by the subdivider
and approved by the Township 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 §§ 503 and 504 of this
chapter.
[Ord. 86-5, 1/14/1987]
Curbs and sidewalks shall be provided in accordance with the
standards set forth in § 505 of this chapter.
[Ord. 86-5, 1/14/1987]
A.
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 the Board of Supervisors. Where required, Pennsylvania DEP Planning
Module approval shall also be obtained for final plan approval.
[Amended by Ord. No. 2018-3, 12/12/2018]
B.
Private Sewer Systems. When a complete private sanitary sewer system
using a treatment plant is to be provided, a statement shall be submitted
to the Board of Supervisors from the Pennsylvania DEP certifying that
a permit has been issued by the appropriate agency approving the proposed
facilities. Adequate security for the maintenance of such plant shall
be furnished to the Township of Kingston.
[Amended by Ord. No. 2018-3, 12/12/2018]
C.
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.
D.
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. 86-5, 1/14/1987; as amended by Ord. 1993-1, 3/10/1993;
and by Ord. 2003-8, 7/23/2003]
A.
Provision of System. The subdivision or land development shall be
provided with a complete water main supply system which shall be one
of the following:
1.
Connected to a municipal water supply.
2.
Connected with a community water supply approved by the engineer
of the applicable water utility company and the designated governmental
agency with satisfactory provision for the maintenance thereof.
3.
Independent and self-sufficient system utilizing a (one) central
well that shall be required to be able to service each and all of
the properties established.
B.
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 the Board of Supervisors. Upon
the completion of the water supply system, one copy of each of the
plans for such system shall be filed with the Township of Kingston.
C.
Fire Hydrants and Fire Hydrant Markers. Fire hydrants and fire hydrant
markers shall be provided as an integral part of any public water
supply system. The Fire Chief shall be consulted to determine the
location of proposed fire hydrants.
[Amended by Ord. No. 2018-3, 12/12/2018]
D.
Fire hydrants or other means of fire protection as approved by the
Township shall be provided as an integral part of any public or private
community water supply system or as a part of any water system to
serve an industrial use. The water system shall be of adequate supply
and shall be designed to provide pressure adequate for the use of
fire hydrants or other approved fire protection systems. Water supply
shall be adequate for fire flow demands. The following represents
minimum fire flow requirements:
[Amended by Ord. No. 2018-3, 12/12/2018]
|
District Classification
|
Minimum Fire Flow
(GPM)
|
Minimum Duration
(hours)
|
Maximum Hydrant Spacing
(feet)
|
|---|---|---|---|
|
Residential
Includes 1- and 2-family dwellings
|
600
|
1
|
500
|
|
Commercial
Includes: all commercial uses, hotels, apartments, multiple-residence
buildings and schools
|
1,000
|
2
|
300
|
|
Industrial
|
1,500
|
4
|
300
|
|
The developer shall be required to prepare and submit all necessary
engineering studies to ensure that adequate water pressure and volume
will be available. A minimum residual pressure of 20 psi shall be
maintained at all times.
|
1.
Fire hydrants shall be installed in accordance with the requirements
of the local fire authority. The applicant shall submit proof that
the couplings on said hydrants are of a design which is compatible
with local fire equipment. Fire hydrants shall conform to the standards
of the Township Municipal Authority and the National Fire Protection
Association.
2.
Fire hydrants shall be placed at intervals of not more than 500 feet
and in locations acceptable to the Township and local fire authority.
3.
Where deemed necessary, the Township may require submittal of design
information for fire protection systems for review and approval. Standards
for fire protection systems shall be as specified by the Township.
4.
The developer shall obtain written concurrence of the fire protection
system from the local fire authority having jurisdiction over the
area.
E.
A finished water storage reservoir shall be provided to meet peak
hourly demands and one day's storage of domestic use plus fire flow
storage of 50,000 gallons, or the requirements of the Pennsylvania
DEP, whichever is more stringent.
[Added by Ord. No. 2018-3, 12/12/2018]
[Ord. 86-5, 1/14/1987]
A storm drainage system shall be provided in accordance with
the standards as set forth in § 506 of this chapter.
[Ord. 86-5, 1/14/1987; as amended by Ord. 90-9, 12/12/1990]
A.
Easements for utilities shall have a minimum width of 15 feet.
B.
To the fullest extent possible, easements for public utilities shall
be centered on or adjacent to rear or side lot lines.
C.
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.
D.
Underground installation of utility distribution and service lines
shall be completed prior to street paving and gutter, curbing, and
sidewalk installation.
E.
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.
F.
All utility installations shall be in accordance with plans approved
by the Board of Supervisors and the applicable utility company.
G.
Utility lines can be placed under cartways, but no maintenance (manhole)
holes or shutoffs shall be permitted in cartways.
[Added by Ord. No. 2018-3, 12/12/2018]
[Ord. 86-5, 1/14/1987; as amended by Ord. No. 2018-3, 12/12/2018]
Monuments and markers must be placed so that the scored or marked
point coincides exactly with the point of intersection of the lines
to be monumented by a professional land surveyor. They must be set
so that the top of the monument or marker is level with the finished
grade of the surrounding ground.
A.
B.
C.
Removal. Any monuments or markers that are removed shall be replaced
by a professional land surveyor at the expense of the person removing
them.
[Ord. 86-5, 1/14/1987; as amended by Ord. 1993-1, 3/10/1993]
A.
Shade trees shall be provided as specified in § 510H of
this chapter.
B.
Street name signs conforming to Township specifications shall be
provided and installed by the subdivider or developer at all street
intersections. The cost of street name signs and other street signs
for public safety purposes will be borne by the developer.
C.
Open space shall be provided as specified in § 510B of
this chapter.
D.
Other improvements to promote public safety and health as required
by the Board of Supervisors as a condition of approval.
[Ord. 86-5, 1/14/1987; as amended by Ord. 1993-1, 3/10/1993]
A.
All improvements shall be installed according to a time schedule
which shall be approved by the Township Engineer and the Board of
Supervisors, prior to final subdivision plan approval.
B.
The schedule shall be a fully developed, horizontal bar-chart type
schedule with separate time bars for each significant activity, as
identified and approved by the Township Engineer.
C.
The time schedule shall be updated as soon as revisions are recognized
by the owner or developer. A fully updated time schedule shall be
provided to the Township Engineer, Zoning Officer and Manager. Revisions
in scheduling shall be submitted at least two weeks prior to work
being performed on site.
[Ord. 86-5, 1/14/1987; as amended by Ord. 1993-1, 3/10/1993]
A.
All improvements shall be constructed in strict conformance with
the time schedule provided to the Township.
B.
Inspections shall be made by the Township Engineer in accordance
with the time schedule for construction at times before and after
each identified significant activity or other major improvements are
made.
C.
All costs of undertaking inspections will be borne by the subdivider
or developer.
D.
The Township Engineer shall schedule inspections in accordance with
the updated time schedule. Failure to notify the Engineer at least
two weeks prior to construction work may result in additional costs
to the subdivider for wasted inspections and/or post construction
testing.
E.
When improvements are completed prior to the date as shown on the
time schedule, the owner or subdivider shall be responsible for any
and all costs for testing which will be required to determine the
adequacy of improvements. These tests include, but are not limited
to, subgrade density, trench backfill density, TV inspection of pipelines
and pavement thickness.
[Ord. 1989-6, 11/8/1989]
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, streetlights, 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 Township 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,
the Board of Supervisors, 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 Board of Supervisors; 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 Township 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 estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the Township 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 Township 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 Township, upon
the recommendation of the Township engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Township 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 Township
and the applicant or developer. The estimate certified by the 3rd
engineer shall be presumed fair and reasonable and shall be the final
estimate. In the event that a 3rd engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Township
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 Board of Supervisors 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 the Board of Supervisors
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 Board of Supervisors, and the Board of Supervisors
shall have 45 days from receipt of such request within which to allow
the Township engineer to certify, in writing, to the Board of Supervisors
that such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification the
Board of Supervisors shall authorize release by the bonding company
or lending institution of an amount as estimated by the Township engineer
fairly representing the value of the improvements completed or, if
the Board of Supervisors fails to act within said forty-five-day period,
the Board of Supervisors shall be deemed to have approved the release
of funds as requested. The Board of Supervisors 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 the Board of Supervisors accepts dedication of all or some
of the required improvements following completion, the Board of Supervisors
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.
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 Township, 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 Township 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.
[Ord. 1989-6, 11/8/1989]
1.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Board of Supervisors,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
engineer. The Board of Supervisors shall, within 10 days after receipt
of such notice, direct and authorize the Township engineer to inspect
all of the aforesaid improvements. The Township engineer shall, thereupon,
file a report in writing, with the Board of Supervisors, 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 Township engineer of the aforesaid authorization
from the Board of Supervisors; 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 Township engineer, said
report shall contain a statement of reasons for such nonapproval or
rejection.
2.
The Board of Supervisors 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 Board of Supervisors with relation thereto.
3.
If the Board of Supervisors or the Township 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.
4.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Supervisors, 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 the Board of Supervisors or the Township engineer.
6.
Where herein reference is made to the Township engineer, he shall
be as a consultant thereto.
7.
The applicant or developer shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection or improvements
according to a schedule of fees adopted by resolution of the Board
of Supervisors and as from time to time amended. Such expense shall
be reasonable and in accordance with the ordinary and customary fees
charged by the Township 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
Township 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 Township
that such expenses are disputed as unreasonable or unnecessary, in
which case the Township 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.
B.
If, within 20 days from the date of billing, the Township and the
applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Township 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 Township 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
Township 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 Township engineer nor any
professional engineer who has been retained by, or performed services
for, the Township 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 Township shall
pay the fee of the professional engineer, but otherwise the Township
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
[Ord. 1989-6, 11/8/1989]
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 Board of Supervisors 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,
the Board of Supervisors 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 used solely for the installation of the improvements covered
by such security, and not for any other Township purpose.
