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.
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:
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:
(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:
(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.
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]
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.
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.