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Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
A. 
Physical improvements to the subdivision/land development tract shall be provided, constructed and installed as shown on the final plan, in accordance with the requirements of the Borough Council.
B. 
As a condition to review of a final plan by the Borough Planning Commission, the developer shall agree with the Borough Council as to installations of all improvements shown on the plan and required by this chapter. Before the final 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 § 390-30B.
C. 
All improvements installed by the developer shall be constructed in accordance with the design specifications set by the Borough Council. The Borough Council shall instruct the Borough Engineer to prepare improvement specifications for a required improvement in cases where no applicable Borough specifications exist.
D. 
Supervision of the installation of those improvements required by § 390-29 shall, in all cases, be the responsibility of the Borough Council and Borough Engineer.
Improvements shall be provided, constructed and installed by the developer as stated in the improvements agreement, shown on the final plan, and in accordance with the design standards set forth in § 390-19 of this chapter. The following improvements will be required in all applicable cases.
A. 
Monuments.
(1) 
Location. Permanent reference monuments shall be located at each street intersection, at the beginning and ending of all street curves, and on each traverse of the subdivision.
(2) 
Type. Reference monuments shall be one-inch I.D. galvanized iron pipe, encased in concrete, with a minimum diameter of four inches and shall have a minimum length of 18 inches.
B. 
Streets. All roads and streets shall be constructed and built in accordance with current Pennsylvania Department of Transportation Specifications, Publication 408, latest edition.
[Amended 6-21-2004 by Ord. No. 657; 8-20-2012 by Ord. No. 771; 9-17-2012 by Ord. No. 775]
(1) 
Base course. On a properly rolled and crowned subgrade, there shall be constructed a crushed aggregate base course of eight inches minimum depth when compacted, conforming to the Pennsylvania Department of Transportation Publication 408. Should conditions warrant, the Borough Council may require a base course greater than minimum depth.
(2) 
Pavement courses.
(a) 
Low traffic volume. On the compacted crushed aggregate, provide a pavement base course of four inches of Superpave 25.0 mm base course mix, PG 64-22, 0.3 to 3.0 million ESALs; and two inches of Superpave 9.5 mm wearing course mix, PG 64-22, 0.3 to 3.0 million ESALs.
(b) 
High traffic volume. On the compacted crushed aggregate, provide a pavement base course of four inches of Superpave 25.0 mm base course mix, PG 64-22, over 30.0 million ESALs; a binder course of three inches of Superpave 19.0 mm binder course mix, PG 64-22, over 30.0 million ESALs; and two inches of Superpave 9.5 mm wearing course mix, PG 64-22, over 30.0 million ESALs.
(3) 
Surface course. On the crushed aggregate base course, a bituminous penetration surface course shall be constructed of two-and-one-half-inch minimum thickness, conforming to Pennsylvania Department of Transportation specifications for bituminous surface course CP-2. Should conditions warrant, the Borough Planning Commission may specify asphaltic concrete surface course, conforming to Pennsylvania Department of Transportation specifications ID-2.
(4) 
Curbs. Curbs of cement concrete are required and shall be of either straight or rolled type. Straight curbs shall be 22 inches in depth. Rolled-type curbs shall be 24 inches in total width, six inches wide at the top, and have a seventeen-inch curb return, except at corners, where it shall have a fifteen-inch curb return.
(5) 
Sidewalks.
(a) 
Sidewalks shall not be less than five feet in width on local residential streets and five feet in width on collector and arterial streets. All sidewalks shall be constructed of concrete. Sidewalks shall commence one foot inside the right-of-way line and extend toward the streets.
(b) 
Where a subdivision or land development abuts an existing street, the Borough may require additional right-of-way and cartway widths and sidewalk, curb, driveway aprons and/or handicapped ramp installation to promote public safety and convenience. The Borough may require redesign and reconstruction to widen the street or correct the alignment to ensure that said streets in and bordering subdivision or land development shall be coordinated and be of such width and grade and in such location as deemed necessary by the Borough Engineer to accommodate prospective traffic and facilitate fire protection. The Borough may require the developer to improve, at the developer's expense, the Borough road which abuts the subdivision and/or land development to meet those width standards as prescribed by § 390-20B, as amended, and/or according to the guidelines for design of local roads and streets issued by the Pennsylvania Department of Transportation.
(c) 
The Borough may require, as a condition of site plan approval, that an applicant comply with the Borough's sidewalk ordinance as amended which may require installation, including but not limited to sidewalk, curb, driveway aprons and/or handicapped ramps.
(6) 
Traffic impact study.
(a) 
Purpose. A traffic impact study shall be undertaken for all subdivisions and land developments as further defined in Subsection B(6)(b) below. This study will enable the Borough to assess the impact of a proposed development upon the local transportation system, including the streets bordering a subdivision or land development. Its purpose is to ensure that proposed land development or subdivision do not adversely affect the transportation network. The purpose of the study is also to identify any traffic problems associated with access from the site to the existing transportation network. The traffic impact study will also aid the Borough to delineate solutions to potential future traffic problems and to determine if any improvements, as defined pursuant to the Municipalities Planning Code, must be incorporated into the proposed development. This section is not and shall not be construed to be an impact fee ordinance. Any traffic studies submitted by the applicant shall not be considered as submitted pursuant to an impact fee ordinance nor shall the transportation impact study be accepted by the Borough as such.
(b) 
Subdivisions and land developments for which study is required:
[1] 
A traffic impact study shall be required for all subdivisions and land developments that meet one or more of the following criteria.
[a] 
Residential: 10 or more dwelling units.
[b] 
A commercial building or buildings: land development plan with a total footprint of 10,000 square feet or greater.
[c] 
An office building or buildings: land development plan with a total footprint of 10,000 square feet or greater.
[d] 
An industrial building or buildings: land development plan with a total footprint of 10,000 square feet or greater.
[e] 
An institutional building or buildings: land development plan with a total footprint of 10,000 square feet or greater.
[f] 
The Borough may require a traffic impact study for other uses if deemed necessary by the Borough Engineer.
[2] 
The Borough Council, upon recommendation of the Borough Engineer, shall have the discretion to require the posting of additional monies in escrow, by the applicant, for the preparation of a traffic impact study to determine the effect of the development upon the local transportation system, including the streets in and bordering a subdivision or land development.
(c) 
The Borough, at its sole discretion, shall select a qualified traffic engineer and/or transportation planner with previous traffic study experience or shall require the applicant to prepare the traffic impact study. If the Borough conducts the study, the Borough may utilize applicant's fees, placed in escrow, to fund such studies.
(d) 
The traffic study shall contain, but not be limited to, the following information:
[1] 
A general site description. The site description shall include the size, location, proposed land uses, construction staging and completion date of the proposed land development.
[2] 
A transportation facilities description. The description shall contain a full documentation of the proposed internal and existing external transportation system which borders the land development. This description shall include all proposed ingress and egress locations, all internal roadway widths and rights-of-way, parking conditions, traffic channelizations and any traffic signals or other intersection control devices within the land development site.
[3] 
Existing traffic conditions.
[a] 
Existing traffic conditions shall be measured and documented on all streets and intersections within the study area. Traffic volume shall be recorded for existing average daily traffic; existing peak-hour traffic counts at all major intersections within the study area, encompassing the peak highway and development-generated hours; and documentation shall be included in the report. Study area is to be approved by the Borough Engineer. A volume/capacity analysis based upon existing volume shall be performed during the peak hours and the peak development-generated hours for all roadways and major intersections within the study area.
[b] 
This analysis will determine the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or intersections experiencing level of service "E" or "F" shall be noted as congestion locations. Levels of service shall be as defined by the 2000 Highway Capital Manual Special Report 209, and any subsequent amendments, and shall be incorporated by reference into this section as the standard for a level-of-service determination.
[c] 
This analysis shall also examine and determine the adequacy of off-street parking spaces and loading zones for the public streets which border the proposed land development. The analysis shall make recommendations as to the adequacy of parking spaces and loading zones and whether or not additional parking spaces and loading zones should be created by the Borough or the applicant based upon the effect that the land development may have on traffic flow which borders the subdivision or land development.
[4] 
Analysis of transportation impact.
[a] 
The total future traffic demand based on full occupancy of the proposed subdivision or land development shall be calculated. This demand shall consist of the combination of the existing traffic expanded to the completion year, the development-generated traffic and traffic generated by other proposed developments in the study area. A volume/capacity analysis shall also be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. Ten-year projections are also required for the build and rebuild conditions. These analyses shall be performed using the peak highway hour(s) and peak development-generated hour(s) for all streets and major intersections in the study area. Volume/capacity calculations shall be completed for all major intersections. The level-of-service data must be presented in a matrix format.
[b] 
All access points and pedestrian crossings shall be examined as to the feasibility of installing traffic signals. This evaluation shall compare the projected traffic and pedestrian volumes to the warrants for traffic signal installation. Levels of service for all streets and intersections shall be listed.
[5] 
Conclusions and recommended improvements.
[a] 
All streets and/or intersections which border the subdivision or land development which shall be considered deficient shall be analyzed by the engineer, and special recommendations for the elimination of these problems shall be listed.
[b] 
The listing of recommended improvements for the streets in and bordering a subdivision or land development shall include, for each improvement, the party responsible for the improvement, the cost and funding of the improvement and the completion date of the improvement.
[c] 
The Planning Commission shall review the traffic study and analyze its adequacy in solving any traffic problems that will occur due to the subdivision and/or land development and make recommendations to Borough Council.
[d] 
Borough Council may decide that certain improvements for the streets in and bordering the subdivision or land development are required for preliminary/final plan approval and may attach these conditions to the preliminary/final approval.
(7) 
Parking lot dimensions. Parking lot dimensions shall be no less than those listed in the following table:
Parking Stall
Aisle Width
(feet)
Angle of Parking
Depth
(feet)
Width
(feet)
One-Way
Two-Way
90°
18
9
24
24
60°
18
9
18
20
45°
18
9
16
20
Parallel
22
8
16
20
(8) 
Off-street parking. Required off-street parking spaces shall be free and unencumbered by another parking space unless otherwise approved by the Borough.
(9) 
Subgrade drains. In low areas of roads and in areas of high water table or springs, suitable subgrade drains shall be provided, subject to the approval of the Borough Engineer. Subgrade drains shall conform to the requirements of PennDOT Publication 408 and shall be provided with a suitable outlet into a fixed-pipe storm sewer system.
(10) 
Sealer. The edge of the wearing course adjacent to curbs, inlets, manholes, water valves and other appurtenances shall be sealed with hot bituminous material of the class and type designated for the wearing course, extending 12 inches from the curb or other surface. Class AET, E-6 or E-8 emulsified asphalt may be used in place of hot bituminous material.
(11) 
Trench backfill. Backfilling of all trenches shall be in accordance with the requirements of PennDOT Publication 408. When the trench is within the pavement of an existing street or is within the limits of a proposed street pavement, the backfill material shall be 2RC coarse aggregate, as specified in PennDOT Publication 408. Stone backfill is not required if the bituminous concrete base course is not placed for at least three months from the time the trench is backfilled and binder or wearing course paving is not placed for at least six months from the time the trench is backfilled.
(12) 
Guide rail. All guide rails shall be installed in accordance with Section 620 of PennDOT Publication 408 and PennDOT's Standards for Roadway Construction RC-52.
(13) 
Repairs shall be made to the same specifications as new paving. Repairs shall be done neatly and shall be sealed at the joint with hot bituminous material. The seal is to be at least 12 inches wide and is to be coated with sand or screening.
C. 
Sanitary sewers. In all new subdivisions all lots must be provided with adequate means of sewage disposal by one of the following:
(1) 
Connection to the public sewage disposal system.
(2) 
Individual on-lot disposal systems in accordance with minimum standards of the Pennsylvania Department of Environmental Protection, only when the connection to the public system is not possible.
D. 
Water system. In all subdivisions all lots must be provided with an adequate supply of water by means of one of the following methods:
(1) 
Connection to the public water supply system.
(2) 
Individual on-lot water system, only when connection to the public system is not possible.
E. 
Fire hydrants. Wherever a public water supply system is provided, fire hydrants shall be installed within 600 feet of all existing and proposed structures, measured along accessible streets.
F. 
Storm drainage. Storm sewers, culverts and related installations shall be provided to permit the unimpeded flow of natural watercourses, to ensure the drainage of all low points along the line or streets, and to intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained.
G. 
Street signs. Street signs shall be placed at all street intersections. Their design shall be approved by the Borough Planning Commission and Borough Council.
H. 
Lighting requirements.[1]
(1) 
Purposes. This subsection is enacted for the following purposes:
(a) 
To establish requirements for outdoor lighting installations which promote public safety and welfare during the nighttime while minimizing the adverse effects of glare and light trespass;
(b) 
To prohibit outdoor lighting installations which are of excessive intensity and/or are deficient of photometric control such that the resulting glare and light trespass create a nuisance on neighboring properties and roadways;
(c) 
To promote outdoor lighting installations which serve to enhance the nighttime safety and enjoyment of the community; and
(d) 
To set forth outdoor lighting requirements which are consistent with lighting industry standards and practices and available technologies.
(2) 
Applicability. The requirements shall apply to the following outdoor lighting installations:
(a) 
Outdoor lighting installations which are newly designed, constructed, erected or otherwise placed into operation after the effective date of this subsection.
(b) 
Alterations, rehabilitations or renovations to existing outdoor lighting installations which are commenced after the effective date of this subsection and which involve the complete replacement of an existing lighting system with a new lighting system.
(c) 
Whenever a new outdoor light fixture replaces an outdoor light fixture that existed on the effective date of this subsection, the new fixture must meet the standards of this subsection.
(d) 
Streetlights are to be provided. The developer shall be responsible for making necessary arrangements with the Borough and the Pennsylvania Power and Light Company.
(e) 
Parking lots for all non-single-family residential lots shall be lit to provide safe use.
(3) 
Nonapplicability. The requirements of this subsection shall not apply to nor be retroactive to existing outdoor lighting installations which began operation before the effective date of this subsection. Routine maintenance of said existing outdoor lighting installations shall not be required to comply with the requirements of this subsection. Routine maintenance activities include the following:
(a) 
Replacement of lamps that are burned-out or inoperative.
(b) 
Replacement/repair of damaged or inoperative fixture components such as ballasts, ignitors, lenses, reflectors, refractors, sockets, or photocell controls.
(4) 
Adoption by reference.
(a) 
Unless superseded by requirements listed in this subsection, the IESNA Lighting Handbook, most recent edition, as published by the Illuminating Engineering Society of North America (IESNA), shall be a reference for lighting standards.
(b) 
Unless superseded by requirements listed in this subsection, the American National Standard Nomenclature and Definitions for Illuminating Engineering, most recent edition, as published by the Illuminating Engineering Society of North America (IESNA) and approved by the American National Standards Institute, Inc. (ANSI), and referred to in this subsection as "the ANSI/IESNA lighting definitions," shall be a reference for lighting standards.
(5) 
Design calculations in accordance with the IESNA Lighting Handbook. In addition to the specific requirements established in this subsection, the design calculations for outdoor lighting installations shall be in accordance with the IESNA Lighting Handbook. This includes, but is not limited to, technical definitions, terminology, calculation methods and procedures, photometric classifications, and photometric testing procedures. Illuminance selection should be based on the usage of the area to be illuminated, the level of activity, and nighttime security requirements.
(6) 
Performance standards.
(a) 
Any lighting used to illuminate an off-street parking area or other structure or area shall be arranged so as to deflect light away from any adjoining property or from the public street. The light source shall be downcast, hooded, shielded or controlled so as not to light adjacent property in excess of the levels noted below.
(b) 
Use of full cutoff fixtures required. All fixtures employed in outdoor lighting installations shall be the full cutoff fixture type.
(c) 
Fixtures which do not meet the strict definition for full cutoff fixtures, yet employ advanced or alternative technology which causes the photometric performance to approach that of full cutoff fixtures may be approved by the Borough, on a case-by-case basis.
(d) 
Illumination levels. Outdoor lighting, where required by this or any other applicable ordinance or provided on property within the Borough, shall be provided within the range of permitted lighting levels as specified in the following table.
Required Lighting Levels
(footcandles)
Use
Minimum
Average
Maximum
Uniformity
Residential off-street parking lots
0.2
0.8
3.0
6:1
Nonresidential off-street parking lots
0.2
0.8
3.0
6:1
Off-street loading areas
2.0
10
20
6:1
Building entrances and signs
0.5
NA
2.0
4:1
Building, facades and features
0
NA
5
4:1
NOTE:
As recommended by the IESNA.
(e) 
Intensity. No light source or combination thereof which casts light on a public street shall exceed a meter reading of one footcandle as measured from the center line of said street, nor shall any light source or combination thereof which casts light on adjacent residential property or open space exceed 0.1 footcandle as measured at the property line or one footcandle on an adjacent nonresidential property of similar use.
(f) 
Method of measuring light intensity. The footcandle level of a light source shall be taken after dark with the light meter held six inches above the ground with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The difference between the two readings will be identified as the illumination intensity.
(g) 
Height. The maximum height above the ground grade permitted for light sources mounted on a pole is 20 feet. A light source mounted on a building shall not exceed the height of the face of the building to which it is attached, and no light sources shall be located on the roof unless said light enhances the architectural features of the building.
(h) 
Hours. Outdoor lighting which serves commercial or industrial uses that do not operate after dark must be turned off 1/2 hour after closing, except for approved security lighting. For those commercial or industrial uses that offer services after dark, outdoor lighting may be utilized during the nighttime hours, provided the commercial or industrial use is open for service. Once the commercial or industrial use closes, the outdoor lighting must be turned off one hour after closing except for security lighting.
(i) 
Security lighting. In all zones, exterior lighting of a building and/or grounds for security surveillance purposes is permitted. Such lighting shall be arranged and of sufficient illumination to enable the detection of suspicious movement rather than the recognition of definitive detail.
(j) 
Illumination under outdoor canopies. Under-canopy lighting shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The illumination in the area directly below the canopy shall not exceed 20 average footcandles and the maximum shall not exceed 30 footcandles. Outdoor canopies include, but are not limited to, the following applications:
[1] 
Fuel island canopies associated with service stations and convenience stores.
[2] 
Exterior canopies above storefronts in shopping centers and malls.
[3] 
Exterior canopies above driveways and building entrances.
[4] 
Pavilions and gazebos.
(k) 
Billboards and signs. The lighting of new, or replacement of lighting systems of existing, billboards and signs shall be subject to the following requirements:
[1] 
Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto the billboard or sign and not to project their output into the windows of neighboring residences, adjacent uses, past the face of the billboard or sign, skyward or onto a public roadway. At no point on the face of the sign or billboard and at no time shall the illumination exceed 30 vertical footcandles during nighttime.
[2] 
The maximum illumination on the face of an externally illuminated billboard or sign shall not exceed 30 footcandles and shall have a maximum-to-minimum uniformity ratio not to exceed 4:1.
[3] 
Rotating, traveling, pulsing, flashing, animated, "marching" or oscillating light sources, lasers, beacons or strobe lighting shall not be permitted except within the Highway Commercial (HC) and Shopping Center (SC) Zones and not within 200 feet of a signalized traffic intersection, a residential use or an R-1, R-2 Zone.
[4] 
Signs incorporating LCD, LED, plasma, CRT, pixilated lights or other animated and/or video-like displays shall be limited to the HC and SC Zones.
[5] 
The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.
[6] 
Applications for the lighting or relighting of signs and billboards shall be accompanied by catalog cuts of proposed fixtures and any glare-reduction devices, and a description of lamps, mounting locations, aiming angles and proposed hours of operation, and method for automatically extinguishing the lighting.
(l) 
Outdoor recreation. The nighttime illumination of outdoor recreational facilities for baseball, basketball, soccer, tennis, track and field, football or similar sports necessitates higher than normally allowed fixture mounting heights and aiming angles, utilizes very high-wattage lamps. The following requirements shall apply to the lighting of outdoor recreation facilities:
[1] 
Lighting shall be accomplished only through the use of fixtures conforming to IESNA cutoff criteria, or as otherwise approved by the Borough based on suitable control of glare and light trespass.
[2] 
No outdoor recreation facility, whether public or private, shall be illuminated after 11:00 p.m.
[3] 
Maximum mounting heights for recreational lighting shall be 90 feet, unless approved by the Borough Council.
(7) 
Prohibitions. No searchlights, flashing lights or lights that may cause a hazard by impairing driver's vision shall be permitted.
(8) 
Submission of lighting plans. Where site lighting is required by this subsection or required by the Borough or proposed by the applicant (except in the case of lighting on an individual residential property), lighting plans shall be submitted for review and approval. The submission shall contain the following in addition to other required data:
(a) 
Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices.
(b) 
Description of illuminating devices, fixtures, lamps, supports, reflectors and other devices, and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections, where required; the angle of the cutoff or light emissions, etc.).
(c) 
A point-by-point illuminance-grid plot on ten-feet-by-ten-feet centers (or as necessary for suitable legibility) of footcandles overlaid on the site plan, plotted out to 0.0 maintained footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements.
(d) 
When landscaping plans are involved, they shall contain the lighting fixture locations and shall demonstrate that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.
(e) 
When requested by the Borough, the applicant shall also submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate the potential consequences of on-site and off-site glare. This plan may require the inclusion of footcandle values at specific off-site locations (e.g., bedroom windows of adjacent residential uses, street center lines, etc.).
(f) 
Required plan notes. The following notes shall appear on the lighting plan:
[1] 
"Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Borough for review and approval."
[2] 
"The Borough reserves the right to conduct post-installation nighttime inspections to verify compliance with the requirements of this subsection and as otherwise agreed upon by the Borough and, if appropriate, to require remedial action at no expense to the Borough."
(9) 
Exemptions. The standards of this subsection shall not apply to the following:
(a) 
Temporary holiday lighting. This subsection does not prohibit the use of temporary outdoor lighting during customary holiday seasons.
(b) 
Civic event lighting. This subsection does not prohibit the use of temporary outdoor lighting used for civic celebrations and promotions.
(c) 
Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, or other federal, state, county or municipal agencies, to include streetlights within the public right-of-way.
(d) 
Outdoor lighting fixtures required by law enforcement, fire and rescue, or other emergency response agencies to perform emergency or construction repair work or to perform nighttime road construction.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
I. 
Street trees. Trees and landscaping in accord with the requirements of § 390-25 shall be planted.
A. 
Before the Borough Council approves any final plan and as a prerequisite for approval, the developer shall deliver to the Borough Council a performance guarantee in the amount of 110% of the cost of completion of all improvements required by this chapter, estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Borough may adjust the amount of the performance guarantee by comparing the actual cost of the improvements which have been completed and the estimated cost for 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 110%. Any additional security shall be posted by the developer in accordance with this subsection.
B. 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the developer and prepared by a professional engineer licensed as such in the commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the developer and the Borough are unable to agree upon the 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 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 developer.
C. 
If the developer requires more than one year from the date of posting of the performance guarantee to complete the required improvements, the amount of the performance guarantee may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of the performance guarantee or to an amount not to exceed 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.
D. 
The stated period for completion of the improvements shall not be longer than two years from the date of final subdivision approval. Upon written application signed by both the obligor and the surety of a performance guarantee in a form approved by the Borough Solicitor, the Borough Council may, at its discretion, extend such period by not more than two years by formal resolution. In the event of default under the performance guarantee, the proceeds of the performance guarantee received by the Borough shall be used to construct and install the improvements.
[Amended 9-17-1990 by Ord. No. 566]
E. 
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 Borough Engineer's estimate of the cost of all improvements required by this chapter, guaranteeing that the developer shall maintain all such improvements in good condition for a period of one year after completion of construction and installation of all such improvements and approval of all such improvements by the Borough Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
As the work of installing the required improvements proceeds, the developer may request the Borough Council to release or authorize the release, from time to time, of such portions of the performance guarantee necessary for payment to the contractor(s) performing the work. Any such request 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 final subdivision approval. 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. 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.
[Amended 9-17-1990 by Ord. No. 566]
B. 
Nothing herein, however, shall be construed as 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.
C. 
General improvement construction standards.[1]
(1) 
All improvements shall be provided, constructed and installed by the developer as stated in the improvements agreement, as shown on the approved plans, and in accordance with the standards of this or other Borough ordinances.
(2) 
Prior to construction, the contractor shall secure all necessary permits from the Borough and outside agencies, if required by law.
(3) 
All material and equipment shall be new when installed and in good condition prior to approval by the Borough. All material and equipment shall be purchased for the subdivision or land development and not leased.
(4) 
Compliance with all state and federal and/or local regulations and rules regarding the safety of all the people on the construction site is the developer's responsibility.
(5) 
The Borough and/or its agents, employees or consultants have no control over the actual construction of improvements and cannot stop improvement construction even if it is proceeding improperly. The construction methods, procedures and safety precautions are the developer's or contractor's responsibility.
(6) 
Shop drawings shall be submitted to the Borough Engineer for approval, when requested, in order to ascertain that the materials that the developer proposes to use comply with applicable requirements.
(7) 
Survey cut sheets shall be submitted to the Borough Engineer at least three working days prior to the start of any construction for which control of line and grade is required. Work shall not commence until the cut sheets are approved by the Borough Engineer.
(8) 
Not more than 100 feet of trench shall be excavated in advance of pipe or utility installation and backfilling. All trenches shall be closed at the end of each working day, or appropriate safety precautions shall be taken to guard against accidents or collapse of trench walls.
(9) 
Any erosion or sinkholes which exist within any public street or right-of-way shall be repaired to the satisfaction of the Borough. Eroded areas and/or sinkholes may not be filled with construction waste materials or any other type of debris.
(10) 
All construction activities shall be limited to the project site. Any debris, erosion, material or activity which extends beyond this limit must be removed, cleaned and/or repaired within 24 hours and to the satisfaction of the Borough.
(11) 
Working hours. Usual working hours of 7:00 a.m. to 5:00 p.m. shall be observed. Work beyond these times will require Borough approval.
(12) 
Traffic control. Any temporary traffic controls required to make improvements on, within or adjacent to a Borough street shall require seven-day prior notice and review and approval by the Borough. Any temporary traffic controls required to make improvements on, within or adjacent to a state highway shall require PennDOT review and approval and notification to the Borough.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
In the event that any improvements which may be required have not been provided per 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 bonds 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 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 Borough purpose.