Borough of Forty Fort, PA
Luzerne County
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Table of Contents
Table of Contents

§ 22-601 General Requirements.

[Ord. 1994-4, 4/4/1994, § 601]
The following improvements shall be installed by the subdivider. The final plan shall not be approved until final detailed design of improvements is approved and the improvements are installed or security to Council is provided.

§ 22-602 Streets.

[Ord. 1994-4, 4/4/1994, § 602]
Streets shall be brought to the grades and dimensions drawn on plans, profiles and cross-sections submitted by the subdivider and approved by the Borough Engineer. The subdivider must install the required utilities and provide, where necessary, adequate subsurface drainage for the streets. The streets shall be designed and constructed to the standards set forth in § 22-503 and § 22-504 of this chapter.

§ 22-603 Curbs and Sidewalks.

[Ord. 1994-4, 4/4/1994, § 603]
Curbs and sidewalks shall be provided in accordance with the standards set forth in § 22-505 of this chapter.

§ 22-604 Sewers.

[Ord. 1994-4, 4/4/1994, § 604; as amended by Ord. 2009-8, 12/7/2009]
Public Sewer Systems. When the subdivision or land development is to be provided with a complete sanitary sewer system connected to a public sanitary sewer system, a statement of approval from the engineer of the sewerage system to which it will be connected shall be submitted to Council. Where required, DEP planning module approval shall also be obtained for final plan.
Private Sewer Systems. When a complete private sanitary sewer system using a treatment plant is to be provided, a statement shall be submitted to Council from the Pennsylvania Department of Environmental Protection certifying that a permit has been used by the appropriate agency approving the proposed facilities. Adequate security for the maintenance of such plant shall be furnished to The Borough of Forty Fort.
On-Lot Sewage Disposal. In subdivision where public sewers are not available and a complete private sanitary sewer system is not required, on-lot sewage disposal systems shall be provided.
Capped Sewer System. Where the sanitary sewer system is not yet accessible, but is planned for extension to the subdivision or development, the subdivider shall install sewer lines, including lateral connections, in order to provide service to each lot. The sewer mains shall be suitably capped at the limits of the subdivision and laterals shall be capped at the street right-of-way line when not extended to houses or other structures. When laterals are extended to houses or other structures, the internal plumbing system shall be constructed to accommodate them as well as any septic system required. At such time as any planned construction of extensions to the existing sanitary sewer system is under contract, the subdivider may reduce the size of any required septic system drain fields or septic tank by 50%.

§ 22-605 Water.

[Ord. 1994-4, 4/4/1994, § 605; as amended by Ord. 2009-8, 12/7/2009]
Provision of System. The subdivision or land development shall be provided with a complete water main supply system which shall be connected to a municipal water supply or with a community water supply approved by the engineer of the applicable water utility company and the Pennsylvania Department of Environmental Protection with satisfactory provision for the maintenance thereof; except that, when such municipal or community water supply system is not available, each lot in a subdivision shall be capable of being provided with an individual water supply system in accordance with minimum standards approved by the Pennsylvania Department of Environmental Protection.
Plans. The plans for the installation of the mains of a water supply system shall be prepared for the subdivision or land development with the cooperation of the applicable water supply agency and approved by its engineer. A statement of approval from the engineer of the water supply agency to which the subdivision or land development will be connected, shall be submitted to Council. Upon the completion of the water supply system, one copy of each of the plans for such system shall be filed with the Borough of Forty Fort.
Fire Hydrants. Fire hydrants shall be provided as an integral part of any public water supply system. The Borough Fire Marshall shall be consulted to determine the locations of proposed fire hydrants.

§ 22-606 Storm Drainage.

[Ord. 1994-4, 4/4/1994, § 606]
A storm drainage system shall be provided in accordance with the standards as set forth in § 22-506 of this chapter.

§ 22-607 Utilities.

[Ord. 1994-4, 4/4/1994, § 607]
Easements for utilities shall have a minimum width of 15 feet.
To the fullest extent possible, easements for public utilities shall be centered on or adjacent to rear or side lot lines.
Telephone, electric, television, cable, natural gas lines, water lines and other such utilities shall be installed underground and shall be provided within the street right-of-way or easements to be dedicated for such utilities but they are not to be installed under the paved cartway width of the street. Storm and sanitary sewers may be installed under the cartway. All utilities shall be installed at a minimum depth of 30 inches except for water which must be at least 48 inches deep.
Underground installation of utility distribution and service lines shall be completed prior to street paving and gutter, curbing and sidewalk installation.
Conduits shall be installed under the roadway prior to paving to provide utility access to lots on the opposite side of streets from where the mains are installed. No pave cuts or under pavement boring will be allowed for utility connections once the pavement has been installed.
All utility installations shall be in accordance with plans approved by Council and the applicable utility company.

§ 22-608 Monuments and Markers.

[Ord. 1994-4, 4/4/1994, § 608]
Monuments shall be of concrete or stone at least six inches by six inches by 30 inches and marked on top with a copper or brass dowel. They shall be set at the intersection of lines forming angles in the boundaries of the subdivision and at the intersection of street lines. Markers shall be iron pipes or brass 30 inches by 3/4 inch diameter and set at all points where lines or lines and curves intersect.
Monument Replacement. Any monuments or markers that are removed must be replaced by a registered land surveyor at the expense of the person responsible for the removal.

§ 22-609 Other Improvements.

[Ord. 1994-4, 4/4/1994, § 609]
Shade trees shall be provided as specified in § 22-510, Subsection 8, of the chapter.
Street name signs conforming to Borough specifications shall be provided and installed by the subdivider or developer at all street intersections.
Open space shall be provided as specified in § 22-510, Subsection 2, of this chapter.
Other improvements to promote public safety and health as required by Council as a condition of approval.

§ 22-610 Time Limits.

[Ord. 1994-4, 4/4/1994, § 610]
All improvements shall be installed according to a time schedule which shall be approved by Council.

§ 22-611 Inspection.

[Ord. 1994-4, 4/4/1994, § 611]
At the time each improvement is to be installed and upon its completion, the subdivider shall notify Council so that adequate inspections can be made. The inspection will be made by the Borough Engineer. All costs of undertaking the inspection will be borne by the subdivider.

§ 22-612 Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval.

[Ord. 1994-4, 4/4/1994, § 612]
No plat shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be otherwise required by this chapter and any walkways, curbs, gutters, 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. In lieu of the completion of any improvements required as a condition for final approval of a plat, including improvements or fees otherwise required by this chapter, the developer may deposit with the Borough financial security in an amount sufficient to cover the costs of such improvements or common amenities including basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required.
When requested by the developer, in order to facilitate financing, Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by Council; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
Without limitation as to other types of financial security which the Borough may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section.
Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth.
Such bond, or other security shall provide for, and secure to the public the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimate as of 90 days following the date scheduled for completion by the developer. Annually, the Borough may adjust the amount of financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Borough may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Borough are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Borough and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer.
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.
In the case where development is projected over a period of years, the Council may authorize submission of final plats by sections or stages of development subject to such requirements or guarantees as to improvements in future section or stages of development as it finds essential for the protection of any finally approved section of the development.
As the work of installing the required improvements proceeds, the party posting the financial security may request Council to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to Council, and Council shall have 45 days from receipt of such requests within which to allow the Borough Engineer to certify, in writing, to Council that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification Council shall authorize release by the bonding company or lending institution of an amount estimated by the Borough Engineer fairly representing the value of the improvements completed or, if Council fails to act within said forty-five-day period, Council shall be deemed to have approved the release of funds as requested. 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.
Where Council accepts dedication of all or some of the required improvements following completion, Council may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance and dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Borough, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the Borough shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.

§ 22-613 Release From Improvement Bond.

[Ord. 1994-4, 4/4/1994, § 613]
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify Council in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. Council shall, within 10 days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report in writing, with Council, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Borough Engineer of the aforesaid authorization from Council; said report shall be detailed and shall indicate approval or rejection of said improvements, whether 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.
Council shall notify the developer, within 15 days of receipt of the Engineer's report, in writing by certified or registered mail of the action of said Council with relation thereto.
If Council or the Borough Engineer fails to comply with the time limitations provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.
If any portion of the said improvements shall not be approved or shall be rejected by Council, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise, any determination of Council or the Borough Engineer.
Where herein reference is made to the Borough Engineer, he shall be as a consultant thereto.
The applicant or developer shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection or improvements according to a schedule of fees adopted by resolution of Council and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinary and customary feed charged by the Borough Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants.
In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Borough that such expenses are disputed and unreasonable or unnecessary, in which case the Borough shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to applicant's request over disputed engineer expenses.
If within 20 days from the date of billing, the Borough and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and the Borough shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.
The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
In the event that the Borough and the applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the president judge of the court of common pleas of the judicial district in which the Borough is located (or if at the time there be no president judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Borough Engineer nor any professional engineer who has been retained by, or performed services for, the Borough or the applicant within the preceding five years.
The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Borough shall pay the fee of the professional engineer, but otherwise the Borough and the applicant shall each pay one-half of the fee of the appointed professional engineer.

§ 22-614 Remedies to Effect Completion of Improvements.

[Ord. 1994-4, 4/4/1994, § 614]
In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approved final plat the Council is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If the proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, 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 moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be sued solely for the installation of the improvements covered by such security, and not for any other Borough purpose.