The following improvements shall be installed. 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.
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 developer 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 §§ 223-23 and 223-24.
Where applicable, curbs and sidewalks shall be provided in accordance with the standards set forth in § 223-25.
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, DEP planning module approval
shall also be obtained for final plan approval. In all cases where
public sewer systems are to be installed in conjunction with a proposed
subdivision, said sewer system shall be installed in accordance with
the ordinances, resolutions, rules and regulations of the Municipal
Authority of Allegheny Township.
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 Department of Environmental
Protection 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.
C.
On-lot sewage disposal. In subdivisions where public sewers are not
available and a complete private sanitary sewer system is not required,
on-lot sewage disposal systems shall be provided.
A.
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.
B.
Approval. All water systems to be installed as part of a proposed
subdivision shall be installed in accordance with the requirements
of the Westmoreland County Municipal Authority or the Municipal Authority
of New Kensington, whichever applies.
C.
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 system agency to which the subdivision or land development
will be connected shall be submitted to the Planning Commission. Upon
the completion of the water supply system, one copy of each of the
plans for such system shall be filed with the Township.
A storm drainage system shall be provided in accordance with the standards set forth in § 223-26.
A.
Easements for utilities shall have a minimum width of 20 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, TV cable and such other utilities shall be installed
underground and shall be provided within the street right-of-way or
easements to be dedicated for such utilities and in accordance with
plans approved by the Township and the applicable utility company.
Underground installation of the utility distribution and service lines
may be completed prior to street paving and gutter, curbing and sidewalk
installation. A standard detail shall be included to show the location
and placement of all underground utilities. The developer shall notify
all TV cable companies with whom the Township has contracted before
backfilling any rights-of-way or easements and provide written proof
of notification to the Township.
A.
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 in diameter
and set at all points where lines or lines and curves intersect.
B.
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.
All improvements shall be installed according to a time schedule
which shall be approved by the Township Board of Supervisors.
At the time each improvement is to be installed and upon its
completion, the developer shall notify the Township so that adequate
inspections can be made. The inspections will be made by the Township
Engineer. All costs of undertaking the inspections will be borne by
the developer.
A.
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 ordinance, the developer may deposit
with the Township financial security in the amount sufficient to cover
the costs of such improvements or common amenities, including, but
not limited to, roads, stormwater detention/retention basins and other
related drainage facilities, recreational facilities, open space improvements
or buffer or screen plantings which may be required.
B.
When requested by the developer, in order to facilitate financing,
the Township 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 agreement 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 Township Board of Supervisors;
such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
C.
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.
D.
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 that said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
E.
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.
F.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 100% 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 ensure that the financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this section.
G.
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 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 Township
and the applicant or developer.
H.
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 using the above bidding procedure.
I.
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 improvement in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
J.
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.
K.
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.
L.
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 ensure 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.
M.
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 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 or occupancy of the building or buildings.
Any ordinance or statute inconsistent herewith is hereby expressly
repealed.
A.
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 be rejected by
the Township Engineer, said report shall contain a statement of reasons
for such nonapproval or rejection.
B.
Within 15 days of receipt of the Engineer's report, the Board
of Supervisors shall notify the developer, in writing by certified
or registered mail, of the action of the Township with relation thereto.
C.
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.
D.
If any portion of the said improvement 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. Such completion shall satisfactorily
meet the Township's statement of reasons for nonapproval or rejection.
E.
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.
F.
Where herein reference is made to the Township Engineer, he shall
be as a consultant thereto.
G.
The applicant or developer shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Township
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 applicant.
(1)
In the event the applicant disputes the amount of any such expense
in connection with the inspection or 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.
(2)
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.
(3)
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.
(4)
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 Court of Common
Pleas 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.
(5)
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.
In the event that 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 means. If the proceeds of such bond or other security
are sufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the
Board of Supervisor 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.
All plans and maps submitted to the Allegheny Township Planning
Commission under these regulations shall have the Planning Commission
seal and approval affixed thereto and shall be properly signed by
the Planning Commission members in space provided before transmission
of said documents to any other agencies.
