Borough of Manor, PA
Westmoreland County
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Table of Contents
Table of Contents
[Ord. 428, 12/11/1991, § 501]
1. 
Monuments and markers must be placed so that the scored or marked point coincides exactly with the point of intersection of the lines being monumented. They must be set so that the top of the monument or marker is level with the finished grade of the surrounding ground. Monuments must be marked on top with a copper or brass plate or dowel set in the concrete.
A. 
Monuments.
(1) 
Monuments shall be set:
(a) 
At the intersections of all right-of-way lines.
(b) 
At the intersection of lines forming angles in the boundaries of the development.
(c) 
At such intermediate points as may be required by the Borough Engineer.
(2) 
Monuments shall be six inches square or four inches in diameter, 30 inches long and made of concrete, stone, or a four-inch cast iron or steel pipe filled with concrete.
B. 
Markers.
(1) 
Markers shall be set:
(a) 
At all lot corners except those monumented.
(b) 
Prior to the time the lot is offered for sale.
(2) 
Markers shall be 1/2 of an inch square or 1/2 of an inch in diameter, 15 inches long. Markers shall be made of iron pipes or iron or steel bars.
C. 
Removal. Any monuments or markers that are removed must be replaced by a registered engineer or surveyor at the expense of the person moving them.
[Ord. 428, 12/11/1991, § 502]
Streets must be surfaced to the grades and dimensions drawn on the plans, profiles, and cross-sections submitted by the subdivider and approved by the Borough. Before paving the street surface, the subdivider must install the required utilities and provide, where necessary, adequate stormwater drainage for the streets, as acceptable to the Borough. All streets shall be lined or striped to include appropriate center line striping, berm striping, cross-walk striping and stop line designation striping. Such striping shall conform to existing Pennsylvania Department of Transportation and Borough specifications then in effect. All streets shall conform to the following specifications except where modified on a case by case basis because of the intensity, nature, size and location of the development.
[Ord. 428, 12/11/1991, § 503]
1. 
Depending upon location, traffic pattern(s), projected traffic volume(s), pedestrian usage and other relevant factors, the Planning Commission or Council may require the placement of mechanical or automatic traffic control devices at proposed intersections within the subdivision and/or at intersections of proposed subdivision streets and other Borough streets or, with the approval of the Pennsylvania Department of Transportation, at intersections of proposed subdivision streets and state controlled streets.
A. 
Urban or Suburban Developments.
(1) 
Minor Streets and Collector Streets. On a properly prepared and crowned subgrade, there shall be constructed a full depth bituminous concrete roadway, conforming to all existing Pennsylvania Department of Transportation specifications then in effect. Over the prepared subgrade, place and compact a two-inch layer of No. 2A modified stone aggregate, a four-inch layer of plant mix, bituminous concrete base course material, PennDOT 408/83, § 305; place a 1 1/2 inch layer of plant mix bituminous concrete, ID-2 wearing course material. All bituminous material will be spread by using a self-powered paving machine and all compaction will be accomplished by using a three steel wheeled or pneumatic wheeled roller having a minimum capacity of 10 tons.
(2) 
Arterial Streets. For the construction of arterial roads or highways, the subdivider shall consult with and be governed by the Pennsylvania Department of Transportation for the method of construction to be used. The Council shall decide if a collector or arterial street is required as a direct result of the construction of the subdivision or land development in which case the subdivider or developer is responsible for paving the additional width required.
(3) 
Private Streets. All private streets shall be constructed in accordance with this section, or bonded in accordance with § 22-518 of this chapter prior to approval of the final plan.
(4) 
Street Lights. Depending on location, traffic pattern, pedestrian usage and other relevant factors, the Council may require placement of street lights at each corner of every intersection.
(5) 
Street Signs. Street name signs shall be placed at one corner of every intersection. The design must be according to Borough specifications.
(6) 
Street Trees. The Planning Commission or Council may require planting of shade trees to conform to the following specifications:
(a) 
The trees shall be located between the sidewalk and building setback line and at least five feet from the sidewalk. Trees shall be planted between the sidewalk and curb only if the curb and the sidewalk are at least 10 feet apart.
(b) 
Each tree shall be at least eight feet in height and have a diameter of at least 1 1/2 inches.
[Ord. 428, 12/11/1991, § 504]
1. 
In any proposed subdivision or land development with an average lot size or area per dwelling unit of 15,000 square feet, or less, or where any subdivision is immediately adjacent to or within 1,000 feet of any existing or recorded subdivision having curbs, curbs shall be installed on each side of the street, unless the developer can establish specific facts which obviate the need for curbs in the particular development or subdivision.
2. 
Curbs shall be required along any existing or proposed street regardless of lot size where curbs are necessary to control the flow of surface water and regulate traffic, and/or where lot widths are 80 feet or less. In no case will curbs be excused where a hazard or safety factor shall be created by the elimination of the curbing requirement.
3. 
Curbs shall be provided in all streets and parking compounds located within multi-family development projects.
4. 
In areas where curbing is not required, berm and suitable gutters shall be installed to avoid erosion.
5. 
All curbs shall be constructed of Portland cement concrete. The construction of vertical curbs shall conform to the requirements of § 715, "Plain Cement Concrete Curb, Type A," of the Pennsylvania Department of Transportation or as amended. Slanted or rolled curb and gutter type curbs may be constructed. See Appendix 22-I for sample of each permissible curb allowed under the provisions hereof.[1]
[1]
Editor's Note: Appendix 22-I is included as an attachment to this chapter.
[Ord. 428, 12/11/1991, § 505]
1. 
In any proposed subdivision or land development with an average lot size or area per dwelling unit of 15,000 square feet or less, or where a subdivision is immediately adjacent to or within 1,000 feet of any existing or recorded subdivision having sidewalks, sidewalks shall be on each side of the street in accordance with Borough specifications, unless the developer can establish specific facts which obviate the need for sidewalks in the particular development or subdivision.
2. 
The Planning Commission or Council may require installation of sidewalks in any subdivision or development where the evidence indicates that sidewalks are necessary for the public safety.
A. 
Sidewalks shall be within the right-of-way of the street and shall extend in width from the right-of-way line toward the curb line.
B. 
Sidewalks must be at least four feet wide. In the vicinity of shopping centers, schools, recreation areas and other such facilities, sidewalks must be at least five feet wide and located within the street right-of-way.
C. 
Sidewalks shall be constructed according to Pennsylvania Department of Transportation standards.
[Ord. 428, 12/11/1991, § 506; as amended by A.O.]
1. 
Private and On-Site Sewer Systems.
A. 
All properties shall be connected to a public sanitary sewer system, if possible.
B. 
Where a public sanitary sewer system is not accessible but is proposed for extension within five years to the development or exists to within 400 feet of the development, the developer shall install sewer lines, including lateral connections, to provide adequate service to each lot when connection with the public system is made. The sewer lines shall be capped at the street right-of-way line. When capped sewers are provided, on-site disposal facilities shall also be provided. A public sanitary sewer shall be deemed to have been proposed if the Council, a sewage authority, the Pennsylvania Department of Environmental Protection or other similar body working in conjunction with the Borough has considered providing such service to the location in light of the sewer needs of the area. No binding agreements or actual funding applications shall be deemed to have been proposed if the Council has not considered providing service to the area prior to the developer's application.
C. 
If no public system is either proposed within five years or exists within 400 feet of the development, the Council may require that a study be prepared to determine the feasibility of construction a separate private system or treatment facility, or connecting to an existing private system over 400 feet away.
Upon completion of any sanitary sewer system installation, the plan for the system as built shall be filed with the Borough and the appropriate sewage authority.
Where none of the above alternatives are possible or feasible, an individual approved sewage disposal system shall be provided for each lot at the time improvements are erected or installed thereon. All such individual sewage disposal systems shall be constructed in accordance with the Pennsylvania Department of Environmental Protection regulations.
2. 
Private and On-Site Water Systems.
A. 
All subdivisions or land developments shall provide a reliable, safe and adequate water supply to support the intended uses of the development within the capacity of available resources. Where a water main supply system is within 1,000 feet of, or where plans exist for the installation of public water facilities, the developer shall provide the development with a complete water supply system to be connected to the existing or proposed water main supply system in accordance with the applicable specifications of the Municipal Authority of Westmoreland County.
B. 
If connection to a public water supply system is not possible, a report on the feasibility of constructing a private water supply system may be required by the Council and a report shall be submitted setting forth the findings.
C. 
The plans for installation of a private water supply system shall be prepared by the land developer, and approved by the Pennsylvania Department of Environmental Protection. Upon completion of any water supply system, the plan for the system as built shall be filed with the Borough and Municipal Authority.
(1) 
Where none of the above alternatives are possible or feasible, an individual water supply system shall be installed.
(2) 
The water supply yield shall be adequate for the type of development proposed as certified by a registered engineer.
(3) 
The installation of such systems shall not endanger or decrease groundwater supplies of adjacent properties.
(4) 
Any such individual system shall meet any applicable Pennsylvania Department of Environmental Protection regulations.
[Ord. 428, 12/11/1991, § 507]
1. 
Fire hydrants shall be provided as an integral part of any public water supply system.
A. 
Fire hydrants shall be installed if their water supply source is capable to serve them in accordance with the requirements of the Municipal Authority of Westmoreland County.
B. 
Fire hydrants shall be placed at intervals of not more than 600 feet or as specified by the Middle Association of Fire Underwriters.
[Ord. 428, 12/11/1991, § 508; as amended by A.O.]
1. 
General.
A. 
Any subdivision or land development which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required:
(1) 
To assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities.
(2) 
To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.
B. 
The stormwater management plan for the development site must consider all the stormwater runoff flowing over the site.
C. 
No discharge of toxic materials shall be permitted into any stormwater management system.
D. 
Storm sewers shall not be connected to sanitary sewers.
E. 
Stormwater drainage facilities which receive water from drainage areas in excess of 1/2 square mile (320 acres) shall be subject to the approval of the Pennsylvania Department of Environmental Protection, Division of Dams and Encroachments. Stormwater drainage plans which involve a state road shall be subject to the approval of the Pennsylvania Department of Transportation. Approval of a plan by the Council shall not be construed as an indication that the plan complies with the standards of any agency of the Commonwealth of Pennsylvania or the United States of America.
F. 
All such plans and drainage systems shall be designed and installed in accordance with the requirements of the Storm Water Management Act, 32 P.S. § 680.1 et seq. The stormwater performance standards contained in this section are intended to implement the standards and criteria contained in the Turtle Creek Stormwater Management Plan, adopted and approved in accordance with the Pennsylvania Storm Water Management Act. If there is any discrepancy between the provisions of this section and the standards and criteria of the plan, or if the watershed plan is subsequently amended, then the standards/criteria of the current watershed plan shall govern.
2. 
Storm Frequencies. Stormwater management facilities on all development sites shall control the peak stormwater discharge for the two-, ten-, twenty-five- and one-hundred-year storm frequencies. The SCS twenty-four-hour, Type II Rainfall Distribution shall be used for analyzing stormwater runoff for both pre- and post-development conditions. The twenty-four-hour total rainfall for these storm frequencies in the watershed are:
Storm Frequency
Rainfall Depth
(Inches)
2-year
2.50
10-year
3.61
25-year
4.31
100-year
5.71
(For additional information or data on other storm return periods, consult the "Rainfall Duration Frequency Tables for Pennsylvania," produced by PennDER, Office of Resource Management, Bureau of Dams and Waterways Management, Division of Stormwater Management, Harrisburg, February 1983).
3. 
Calculation Methods.
A. 
Development Sites. For the purpose of computing peak flow rates and runoff hydrographs from development sites, calculations shall be performed using one of the following: SCS publications, Technical Release (TR) 55 or 20, HECI, or Penn State Runoff Model.
B. 
Stormwater Collection/Conveyance Facilities. For the purposes of designing storm sewers, open swales and other stormwater runoff collection and conveyance facilities, any of the above listed calculation methods or the Rational Method may be used. Rainfall intensities for design should be obtained from the Pennsylvania Department of Transportation rainfall charts.
C. 
Predevelopment Conditions. Predevelopment conditions shall be assumed to be those which exist on any site at the time of the adoption of these regulations. Hydrologic conditions for all areas with pervious (i.e., fields, woods, lawn areas, pastures, cropland, etc.) shall be assumed to be in "good" condition, and the lowest recommended SCS runoff curve number (CN) shall be applied for all pervious land uses within the respective range for each land use and hydrologic soil group.
4. 
Release Rate Percentage.
A. 
Definition. The release rate percentage defines the percentage of the predevelopment peak rate of runoff that can be discharged from an outfall on the site after development. It applies uniformly to all land development or alterations within a subarea. A listing of the release rate percentage by subarea appears in Appendix A of the Turtle Creek Watershed Stormwater Management Plan; the subareas are delineated on the Borough stormwater management district map contained in said plan.
B. 
Procedure for Use.
(1) 
Identify the specific subarea in which the development site is located from the watershed map and obtain the subarea release rate percentage from Appendix A.
(2) 
Compute the pre- and post-development runoff hydrographs for each stormwater outfall on the development site using an acceptable calculation method for the two-, ten-, twenty-five- and one-hundred-year storms. Apply no on-site detention for stormwater management but include any techniques to minimize impervious surfaces and/or increase the time of concentration for stormwater runoff flowing from the development site. If the post-development peak runoff rate and the runoff volume are less than or equal to the predevelopment peak runoff rate and volume, then additional stormwater control shall not be required at that outfall. If the post-development peak runoff rate and volume are greater than the predevelopment peak runoff rate and volume, then stormwater detention will be required and the capacity of the detention facility must be calculated in the manner prescribed below.
(3) 
Multiply the subarea release rate percentage by the predevelopment rate of runoff from the development site to determine the maximum allowable release rate from any detention facility for the four prescribed storm events.
(4) 
Design the outlet control facilities and size the volume of the detention facility using the calculated post development hydrograph and accepted hydrograph routing procedures in consideration of the maximum allowable release rate.
5. 
Design.
A. 
Storm drainage facilities must be designed not only to handle the anticipated peak discharge from the property being developed, but also the anticipated increase in runoff that may occur when all the property at a higher elevation in the same drainage basin is fully developed.
B. 
The developer shall also study the effect of the development on the existing downstream drainage facilities outside the area of the development and report the results of that study to Council. Where the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility the Council shall not approve the subdivision or land development until provision is made for the improvement of said condition.
C. 
Applicants may select runoff control techniques, or a combination of techniques, which are most suitable to control stormwater runoff from the development site. All controls must be subject to approval of the Borough Council. The Borough Council may request specific information on design and/or operating features of the proposed stormwater controls in order to determine their suitability and adequacy in terms of the standards of this chapter.
D. 
The applicant should consider the effect of the proposed stormwater management techniques on any special soil conditions or geological hazards which may exist on the development site. In the event such conditions are identified on the site, the Borough Council may require in depth studies by a competent geotechnical engineer. Not all stormwater control methods may be advisable or allowable at a particular development site.
E. 
The stormwater management practices to be used in developing a stormwater management plan for a particular site shall be selected according to the following order of preference:
(1) 
Infiltration of runoff on-site.
(2) 
Flow attenuation by use of open vegetated swales and natural depressions.
(3) 
Stormwater detention/retention structures.
F. 
Infiltration practices shall be used to the extent practicable to reduce volume increases and promote groundwater recharge. A combination of successive practices may be used to achieve the applicable minimum control requirements. Justification shall be provided by the applicant for rejecting each of the preferred practices based on actual site conditions.
6. 
Criteria for Infiltration Systems.
A. 
Infiltration systems shall be sized and designed based upon local soil and ground water conditions.
B. 
Infiltration systems shall be greater than three feet deep and shall be located at least 10 feet from basement walls.
C. 
Infiltration systems shall not be used to handle runoff from commercial or industrial working or parking areas.
D. 
Infiltration systems may not receive runoff until the entire drainage area to the system has received final stabilization.
E. 
The stormwater infiltration facility design shall provide an overflow system with measures to provide a non-erosive velocity of flow along its length and at the outfall.
7. 
Criteria for Stormwater Detention Facilities.
A. 
If detention facilities are utilized for the development site, the facility(ies) shall be designed such that post-development peak runoff rates from the developed site are controlled to those rates defined by the subarea release rate percentage for the two-, ten-, twenty-five, and one-hundred-year storm frequencies.
B. 
All detention facilities shall be equipped with outlet structures to provide discharge control for the four designated storm frequencies. Provisions shall also be made to safely pass, at minimum, the post-development one-hundred-year storm runoff without breaching or otherwise damaging or impairing the continued function of the facilities.
C. 
Shared-storage facilities, which provide detention of runoff for more than one development site within a single subarea may be considered and are encouraged. Such facilities shall meet the criteria contained in this section. In addition, runoff from the development sites involved shall be conveyed to the facility in a manner that avoids adverse impacts (such as flooding or erosion) to channels and properties located between the development site and the shared-storage facilities.
D. 
Where detention facilities will be utilized, multiple use facilities, such as wetlands, lakes, ballfields or similar recreational/open space uses are encouraged wherever feasible, subject to the approval of the Borough Council.
E. 
Other considerations which shall be incorporated into the design of the detention facilities include:
(1) 
Inflow and outflow structures shall be designed and installed to prevent erosion and bottoms of impoundment type structures should be protected from soil erosion. Exterior slopes shall be seeded with rye grass and crown vetch. Bottoms of impoundments and internal slopes shall be seeded with permanent grass.
(2) 
Control and removal of debris both in the storage structure and in all inlet or outlet devices shall be a design consideration.
(3) 
Inflow and outflow structures, pumping stations, and other structures shall be designed and protected to minimize safety hazards.
(4) 
The water depth at the perimeter of a storage pond shall be limited to that which is safe for children. Restriction of access by a fencing barrier of a height to be determined on a case-to-case basis is required. A ten-foot wide locked gate shall also be provided.
(5) 
Side slope of storage ponds shall not exceed a ratio of three to one horizontal to vertical dimension.
(6) 
Landscaping shall be provided for the facility which harmonizes with the surrounding area.
(7) 
Facility shall be located to facilitate maintenance, considering the frequency and type of equipment that will be required.
(8) 
A cartway of like design and construction shall be provided from a public road to the cartway around the storage pond. A permanent easement for such cartway shall be provided by the developer.
8. 
Criteria for Collection/Conveyance Facilities.
A. 
All stormwater runoff collection or conveyance facilities, whether storm sewers or other open or closed channels, shall be designed in accordance with the following basic standards:
(1) 
All sites shall be graded to provide drainage away from and around the structure in order to prevent any potential flooding damage.
(2) 
Lots located on the high side of streets shall extend roof and french drains to the curb line storm sewer (if applicable). Low side lots shall extend roof and french drains to a stormwater collection/conveyance/control system or natural watercourse in accordance with the approved stormwater management plan for the development site.
(3) 
Collection/conveyance facilities should not be installed parallel and close to the top or bottom of a major embankment to avoid the possibility of failing or causing the embankment to fail.
(4) 
All collection/conveyance facilities shall be designed to convey the twenty-five-year storm peak flow rate from the contributing drainage area and to carry it to the nearest suitable outlet such as a stormwater control facility, curbed street, storm sewer or natural watercourse.
(5) 
Where drainage swales or open channels are used, they shall be suitably lined to prevent erosion and designed to avoid excessive velocities.
B. 
Wherever storm sewers are proposed to be utilized, they shall comply with the following criteria:
(1) 
Where practical, designed to traverse under seeded and planted areas. If constructed within 10 feet of road paving, walks or other surfaced areas, drains shall have a narrow trench and maximum compaction of backfill to prevent settlement of the superimposed surface or development.
(2) 
Preferably installed after excavating and filling in the area to be traversed is completed, unless the drain is installed in the original ground with a minimum of three feet cover and/or adequate protection during the fill construction.
(3) 
Designed (a) with cradle when traversing fill areas of indeterminate stability, (b) with anchors when gradient exceeds 20% and (c) with encasement or special backfill requirements when traversing under a paved area.
(4) 
Designed to adequately handle the anticipated stormwater flow and be economical to construct and maintain. The minimum pipe size shall be 15 inches in diameter.
(5) 
Drain pipe, trenching, bedding and backfilling requirements shall conform to the requirements of the Borough and/or applicable PennDOT Specifications, Form 408.
(6) 
All corrugated metal pipe shall be polymer coated, and with asbestos bonding and paved inverts where prone to erode. Pipe within a Borough right-of-way shall be reinforced concrete pipe with a minimum diameter of 15 inches.
(7) 
Storm inlets and structures shall be designed to be adequate, safe, self-cleaning and unobtrusive and consistent with the Borough's standards.
(8) 
Appropriate grates shall be designed for all catch basins, stormwater inlets and other entrance appurtenances.
(9) 
Manholes shall be designed so that the top shall be at finished grade and sloped to conform to the slope of the finished grade. Top castings of structures located in roads or parking areas shall be machined or installed to preclude "rattling."
(10) 
Where proposed sewer connects with an existing storm sewer system, the developer shall demonstrate that sufficient capacity exists in the downstream system to handle the additional flow.
(11) 
Storm sewer outfalls shall be equipped with energy dissipation devices to prevent erosion and conform with applicable requirements of the Pennsylvania DEP for stream encroachments (25 Pa. Code, Chapter 105, of Pennsylvania DEP Rules and Regulations).
9. 
Existing Facilities. Where existing storm sewers are reasonably accessible, and of sufficient capacity, the developer must connect stormwater facilities to these existing storm sewers.
10. 
Abutting Properties.
A. 
In the design of storm drainage facilities, special consideration must be given to preventing increased runoff onto adjacent developed or undeveloped properties. In no case may a change be made in the existing topography which would:
(1) 
Increase the slope to more than one foot of vertical measurement for three feet of horizontal measurement for fills, or one foot of vertical measurement for two feet of horizontal measurements for cuts within a distance of 20 feet from the property line unless an adequate retaining wall or other structure is provided.
(2) 
Result in a slope which exceeds the normal angle of slippage of the material involved.
B. 
All slopes must be protected against erosion.
11. 
Erosion and Sedimentation Controls.
A. 
An erosion/sedimentation plan shall be provided in accordance with the Pennsylvania Erosion/Sedimentation Regulations (25 Pa. Code, Chapter 102) and the standards and guidelines of the Westmoreland County Conservation District.
B. 
Proposed erosion/sedimentation measures shall be submitted with the stormwater management plan as part of the preliminary and final applications.
12. 
Maintenance Responsibilities.
A. 
The stormwater management plan for the development site shall contain an operation and maintenance plan prepared by the developer and approved by the Borough Council. The operation and maintenance plan shall outline required routine maintenance actions and schedules necessary to insure proper operation of the facility(ies).
B. 
The stormwater management plan for the development site shall establish responsibilities for the continuing operation and maintenance of all proposed stormwater control facilities, consistent with the following principals:
(1) 
If a development consists of structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Borough, stormwater control facilities and their attendant easements shall also be dedicated to and maintained by the Borough.
(2) 
If a development site is to be maintained in single ownership or if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities shall be the responsibility of the owner.
C. 
The Borough Council shall make the final determination on the continuing maintenance responsibilities prior to final approval of the stormwater management plan. The Borough Council reserves the right to accept the ownership and operating responsibility for any or all of the stormwater management controls.
13. 
Maintenance Agreement for Privately Owned Stormwater Facilities.
A. 
Prior to final approval of the site's stormwater management plan, the developer shall sign and record a maintenance agreement in a form acceptable to the Borough covering all stormwater control facilities which are to be privately owned. The agreement shall stipulate that:
(1) 
The developer shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities in a safe and attractive manner.
(2) 
The developer shall convey to the Borough easements and/or rights-of-way to assure access for periodic inspections by the Borough and maintenance if required.
(3) 
The developer shall keep on file with the Borough the name, address and telephone number of the person or company responsible for maintenance activities. In the event of a change, new information will be submitted to the Borough within 10 days of the change.
(4) 
If the developer fails to maintain the stormwater control facilities following due notice by the Borough to correct the problem(s), the Borough may perform the necessary maintenance work or corrective work and the developer shall reimburse the Borough for all costs.
B. 
The Borough reserves the right to include other terms and conditions in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities.
14. 
Fees and Expenses. Fees covering costs to the Borough of Manor for plan review, and inspections shall be established by resolution of the Borough of Manor. No approval to begin any work on the project shall be issued until the requisite fees have been paid.
15. 
Modification of Plans. If it is determined that a modification to the existing stormwater management plan is required, a new approval shall not be issued until the additional fees have been paid by the applicant.
16. 
Construction Guarantees. The developer or lot owner shall provide financial security as a construction guarantee in a form to be approved by the Borough Solicitor, in an amount equal to 110% of the full cost to install the facilities required by the approved plan. The financial security shall be released only after receipt by the Borough of certification and "as-builts" as required.
17. 
Maintenance Guarantees. Upon acceptance of any stormwater management facilities by the Borough of Manor, the developer shall provide a financial security, in a form approved by the Borough Solicitor for maintenance guarantees, as follows:
A. 
Construction Maintenance Bond. The construction maintenance bond shall be in an amount equal to 15% of the cost of the installation, and shall be used as financial security to guarantee the stability of the newly established basin and revegetation for a period of one year.
B. 
Long-Term Maintenance Bond. The long-term maintenance bond shall be in an amount equal to a figure which shall be determined by the Borough to be the estimated cost of maintenance of the stormwater management facility for a period of 10 years, or by deposit with the Borough of an amount determined by the Borough Council as to be sufficient to provide for long-term maintenance of said facility.
18. 
Maintenance by Private Entity. When a private entity retains ownership of any stormwater management facility, such entity shall be responsible for maintenance of the facility. In such case, approval of stormwater management facility plans shall be conditioned upon the private entity agreeing to be responsible for all maintenance of the stormwater management facility. Any such agreement shall be in writing, shall be in recordable form, and shall, in addition to any other terms deemed necessary by the Borough, contain a provision permitting inspection at any reasonable time by the Borough of Manor or its designee of all such facilities deemed important to the public welfare. Provided, further, however, that the said maintenance by a private entity shall be secured by a performance bond in an amount equal to 110% of the cost as determined by the Borough to be necessary to adequately maintain said system.
19. 
Maintenance by Individual Lot Owners. When any stormwater management facility is located on an individual lot, and when maintenance thereof is the responsibility of that landowner, a description of the facility or systems and the terms of the required maintenance shall be incorporated on a plat of the property. The plat shall be recorded with the Westmoreland County Recorder of Deeds within 90 days following Borough approval. In addition, the Borough may require, as a condition of approval, that any deed conveying any interest in such lot contain language indicating that the conveyance is subject to an express covenant by the grantee that the grantee will maintain the stormwater management facility.
20. 
Failure to Maintain. The failure of any person, individual lot owner or private entity to properly maintain any stormwater management facility shall be construed to be a violation of this chapter and is declared to be a public nuisance.
[Ord. 428, 12/11/1991, § 509]
Attached hereto and expressly made a part of this chapter are illustrations for streets, manholes, underground utilities, sidewalks, and storm inlet basins, which shall be construed in conjunction with the other requirements of this chapter concerning such items.
[Ord. 428, 12/11/1991, § 510; as amended by A.O.]
All subdivisions and land developments which involve grading or excavation shall conform to the requirements of the rules and regulations of the Pennsylvania Department of Environmental Protection pertaining to erosion and sedimentation. It shall be the responsibility of the applicant to secure approval of the Department of Environmental Protection. Approval of plans by the Borough shall not be construed as approval under such regulations.
[Ord. 428, 12/11/1991, § 511]
1. 
The source of floodplain delineation shall be the Flood Insurance Study for the Borough of Manor, Westmoreland County, Pennsylvania, as prepared by the U.S. Department of Housing and Urban Development, Federal Flood Insurance Administration, as shown on a map entitled Flood Boundary and Floodway Map; said map is hereby incorporated as a part of this chapter.
2. 
All floodplain regulations as apply to and are set forth in the Zoning Ordinance [Chapter 27] or other ordinances of the Borough are hereby adopted by reference as if fully set forth at length herein.
3. 
Whenever a floodplain is located within or along a proposed subdivision or land development, the plan shall include the location of the floodplain with a conspicuously plain note that the floodplain shall be kept free of structures, fill, and other encroachments.
4. 
All floodplain lands shall be excluded in the minimum lot area calculations. Additionally, the floodplain area shall be identified by elevation or by approximate distance from the centerline of the stream channel. Floodplain lines need not be identified by distances and bearings.
5. 
No subdivision or land development, or part thereof, shall be approved if the proposed development and/or improvements will individually or collectively, increase the one-hundred-year flood elevation more than one foot at any point.
6. 
If it is determined that only a part of a proposed subdivision or land development can be safely developed, the Planning Commission or Council shall limit development to that part and shall require that development proceed consistent with this determination or in the absence of agreement by the developer with such determination, the subdivision or land development shall be denied approval.
[Ord. 428, 12/11/1991, § 512]
Electric, telephone and all other utility facilities shall be installed underground. The developer shall be required to obtain proof from the appropriate utility company confirming that the developer has entered into an agreement to provide for an underground electric and telephone system in accordance with the Pennsylvania Public Utility Commission Investigation Docket #99, as amended, or has obtained a waiver from said Pennsylvania Public Utility Commission to allow overhead electric and telephone facilities.
[Ord. 428, 12/11/1991, § 513]
When any petroleum or petroleum products transmission line traverses a land development, the developer shall confer with the applicable transmission or distributing company to determine the minimum distance which shall be required between each dwelling unit and the centerline of such petroleum or petroleum products transmission line. The information so gathered shall be appropriately noted on the plan.
[Ord. 428, 12/11/1991, § 514]
The minimum distance from a natural gas line to a dwelling unit shall be as required by the applicable transmission or distributing company, or as shall be required by the applicable regulations issued by the Department of Transportation under the Natural Gas Pipe Line Safety Act of 1968, as amended, whichever is greater. This information shall be appropriately noted on the plan.
[Ord. 428, 12/11/1991, § 515]
1. 
No plan shall be finally approved unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition, or improved as required by this chapter and any walkways, curbs, gutters, street lights, 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.
2. 
In lieu of the completion of any improvements required as a condition for the final approval of the plan, including improvements or fees otherwise required in this chapter, the Council shall require the deposit with the Borough of financial security acceptable to the Borough in an amount sufficient to cover the cost of such improvements or common amenities, plus 10% of the cost of completion estimated as of 90 days following the date scheduled for completion. Annually the Borough may adjust the amount of financial security required as provided in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. Such security shall provide for, and secure to the public, the completion of any improvements required on or before the date fixed in formal action of approval or an agreement for completion of improvements.
3. 
In the case where development is projected over a period of years, the Council may authorize submission of final plans by sections or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
4. 
When requested by the developer, in order to facilitate financing, the Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining satisfactory financial security. The final plan or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Council, such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
5. 
In the event financial security has been provided in lieu of completion of improvements required for final plan approval, the developer shall construct and maintain all streets in a mud-free or otherwise permanently passable condition, and all other improvements necessary for the reasonable use of or occupancy of any building before any occupancy permit shall be issued.
6. 
The amount of financial security shall be determined in accordance with the provisions of § 509(f) and (g) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10509(f), (g).
7. 
If water mains and/or sanitary sewer lines, 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 Borough authority separate and distinct from the Borough, then financial security to assure completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or Borough authority and shall not be included within the financial security as otherwise provided in this section.
[Ord. 428, 12/11/1991, § 516]
1. 
When the developer has completed all the necessary and appropriate improvements he shall notify the Borough Council in writing, by certified or registered mail, of such completion and the developer shall simultaneously notify the Borough Engineer, in writing, of the completion of said improvements.
2. 
The Borough Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements.
3. 
The Borough Engineer shall, thereupon, file a report, in writing, with the Borough Council, and shall promptly mail a copy of the same to the developer by certified or registered mail.
4. 
Said report shall be mailed by the Borough Engineer within 30 days after receipt of authorization from the Borough Council.
5. 
Said report shall be detailed and shall indicate approval or rejection of said improvements, in whole or in part, and if said improvements, or any portion thereof, shall not be approved, or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
6. 
The Borough Council shall notify the developer within 15 days of receipt of the Borough Engineer's report, in writing by certified or registered mail of the action of the Borough with relation thereto.
7. 
If all or any portion of the improvements shall not be approved or shall be rejected by the Borough Council, the developer shall proceed to complete the same and, upon completion, the same procedure of notification as outlined above, shall be followed. Where reference is made herein to the Borough Engineer, he shall be considered as a consultant to the Borough.
[Ord. 428, 12/11/1991, § 517]
1. 
The applicant or developer shall pay to the Borough the expenses incurred by the Borough for all reasonable and necessary expenses incurred by the Borough for the inspection of the improvements. Such schedule of fees shall be as established by the Borough Council by resolution.
2. 
In the event the applicant or developer disputes the amount of any such expense, the applicant shall proceed in accord with § 501(g)(1) through (5) of the Pennsylvania Municipalities Code, 53 P.S. § 10501(g)(1)-(5).
[Ord. 428, 12/11/1991, § 518]
In the event that any required improvements have not been installed as provided herein, the Borough Council shall have the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Borough 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.
[Ord. 428, 12/11/1991, § 519]
Prior to acceptance of some or all of the required improvements following completion, the subdivider or developer shall post with the Borough financial security of the same type as heretofore provided in this chapter to secure the 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 of 18 months from the date of acceptance of dedication. The amount of said financial security shall be as determined by the Borough Council, but shall not exceed 15% of the actual cost of the installation of said improvements.
[Ord. 428, 12/11/1991, § 520]
Upon installation by the developer and subsequent inspection by the Borough Engineer, the developer shall take final steps to dedicate the improvements and have them accepted by the Borough. The recording of the final plan, following approval by the Borough Council, has the effect of an irrevocable offer to dedicate all streets and other public ways and areas to public use. The offer, however, does not impose any duty on the Borough concerning maintenance or improvement until the proper authorities of the Borough have made actual acceptance, by ordinance.