Borough of New Stanton, PA IMPROVEMENTS

At the intersection of lines forming angles in the tract boundaries of the development at all by corners.

Corner Markers. Corner markers are required on all lot corners other than those requiring monuments, including:

The intersections of all right-of-way lines.

At such intermediate points as may be required by the Borough Engineer.

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.

§ 22-602 Grading of Streets.

[Ord. No. 2002-196, 9/30/2002]

Streets shall be graded to street profile grades and cross sections as established on and presented with the preliminary plats and as approved by the Borough Council. Street cross sections shall be in accordance with standards and specifications established by the Borough.

Land within a street right-of-way, beyond the curb or edge of pavement, shall be graded to the full width of the street right-of-way and slopes shall be of a minimum of two feet of horizontal measurement to one foot vertical measurement in the case of cuts and a minimum of three feet of horizontal measurement to one foot of vertical measurement in the case of fills.

Subgrade of streets shall be brought to the proper grade and contour, and shall be rolled, and cross rolled using compaction equipment meeting the requirements of Form 408 or an acceptable alternative. Compaction of the subgrade shall also meet the density requirements of Form 408 or an acceptable alternative. Where subgrades displaying pronounced elasticity or deformation under rolling equipment is found and stability cannot be obtained, the unsuitable material shall be removed and replaced until the subgrade is suitability stabilized.

No base course shall be placed until the street subgrade has been inspected and approved by the Borough Engineer. Said inspections shall be paid for as specified in Part 8 of this chapter.

§ 22-603 Streets.

[Ord. No. 2002-196, 9/30/2002]

Streets must be surfaced to the grades and dimensions drawn on the plans, profiles and cross sections submitted by the developer and approved by the Borough. Before paving the street surface, the developer 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, crosswalk 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.

Minor Streets and Collector Streets. On a properly rolled and crowned subgrade, there shall be constructed an eight-inch, when compacted, waterbound stone base course conforming to all existing Pennsylvania Department of Transportation specifications then in effect. On the base course shall be placed a three-inch binder using No. 2 stone placed through the use of a paving machine followed by the application of a two-inch wearing course conforming to the then existing standards of the Pennsylvania Department of Transportation. Concrete may be substituted upon prior approval of the Borough.

Arterial Streets.

For the construction of arterial roads or highways, the developer 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.

Berms. All berms required under the terms of this chapter, or at the direction of the Council, shall be properly graded, placed and rolled stone three inches in depth.

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.

Street Lights. Depending on location, traffic pattern, pedestrian usage and other relevant factors, the Council may require placement of streetlights at each corner of every intersection.

Street Signs. Street name signs shall be placed at one corner of every intersection. The design must be according to Borough specifications.

Street Trees. The Planning Commission or Council may require planting of shade trees to conform to the following specifications:

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.

Each tree shall be at least eight feet in height and have a diameter of at least 1 1/2 inches.

(8)

Pipe Underdrain and Pavement Base Drain. Pipe underdrains and pavement base drains, as deemed necessary by the Borough, and as per the specifications of § 22-605 of this chapter. Unless the developer proves to the satisfaction of the Borough Council that pipe underdrains and/or pavement base drains are not necessary, the same shall be provided on the upper side of all streets. The specifications for such pipe underdrains and pavement base drains are found in Appendix "A".[1]

Editor's Note: Appendix "A" is on file in the Borough offices.

§ 22-604 Traffic Control Devices; Urban and Suburban Developments.

[Ord. No. 2002-196, 9/30/2002]

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.

§ 22-605 Underdrainage.

[Ord. No. 2002-196, 9/30/2002]

In areas where springs, poor soil drainage conditions, wet-weather springs or where conditions exist that underground drainage is necessary to properly protect the proposed street pavement, there shall be constructed pipe underdrain, stone underdrain or subgrade drains according to current Pennsylvania Department of Transportation specifications, subject to approval of drawings by the Borough Engineer.

If during construction unknown poor drainage conditions are encountered by the owner, he/she shall notify the Borough Engineer and correct such conditions encountered at the direction of the Borough Engineer to his complete satisfaction.

Permanent pipe underdrain of a size, depth, width and slope as determined by the Borough Engineer shall be installed on the upper or high side, and all cut areas where they are required or necessary to prevent the infiltration of water under the paved roadway.

§ 22-606 Curbs and Gutters.

[Ord. No. 2002-196, 9/30/2002]

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.

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.

Curbs shall be provided in all streets and parking compounds located within multifamily development projects.

In areas where curbing is not required, berm and suitable gutters shall be installed to avoid erosion.

All curbs shall be designed and constructed of portland cement concrete as per current standards of the Pennsylvania Department of Transportation, or bituminous concrete (as per Appendix "A", Standards for Bituminous Curbing[1]).

Editor's Note: Appendix "A" is on file in the Borough offices.

§ 22-607 Sidewalks.

[Ord. No. 2002-196, 9/30/2002]

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.

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.

Sidewalks shall be within the right-of-way of the street and shall extend in width from the right-of-way line toward the curbline.

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.

Sidewalks shall be constructed according to Pennsylvania Department of Transportation standards.

§ 22-608 Base Course.

[Ord. No. 2002-196, 9/30/2002]

The base course shall be constructed to lines, grades and cross sections, as approved, with all materials used and all construction requirements performed in conformity with the latest edition of the Pennsylvania Department of Transportation Form 408 and consist of a subbase course and a bituminous concrete base course as follows:

A crushed aggregate subbase course with a compacted thickness of not less than eight inches in depth, all in accordance with Section 350, "Subbase," of Form 408.

A bituminous concrete base course with a compacted thickness of not less than three inches in depth, all in accordance with Section 305, "Bituminous Concrete Base Course," of Form 408, shall be constructed on the subbase course.

A bituminous seal course using FJ-1 bituminous material with a compacted depth of 1/2 inch, all in accordance with Pennsylvania Department of Transportation Form 408, current edition, Section 422, "Bituminous Wearing Course FJ-1," shall be installed on the bituminous concrete base course for use during construction phase of development.

The base course shall be installed and constructed in accordance with standards and specifications established by the Borough.

§ 22-609 Pavement Wearing Course.

[Ord. No. 2002-196, 9/30/2002]

The pavement wearing course shall not be installed until 90% of the dwellings in the approved subdivision or land development are completed or until all parking areas have been improved with a base course in a land development, and construction equipment is not using the street or access drive. All damaged base and subbase shall be removed and replaced with clean material, stabilized and repaired as required by the Borough and as directed by the Borough Engineer. Any undamaged, stabilized, but uneven base course shall be leveled with a bituminous leveling course. All repairs shall be completed and approved by the Borough Engineer prior to the placement of the final wearing course.

The pavement wearing course shall be constructed to lines, grades and cross sections, as approved, with all materials used and all construction requirements performed in conformity with the latest editions of the Pennsylvania Department of Transportation Form 408 as follows:

A bituminous wearing course (ID-2) with a compacted thickness of not less than one inch and two inches in depth, all in accordance with the latest edition of the Pennsylvania Department of Transportation, Section 420, of Form 408, shall be constructed on the bituminous concrete base course.

The pavement wearing course shall be installed and constructed in accordance with standards and specifications established by the Borough.

§ 22-610 Street Signs.

[Ord. No. 2002-196, 9/30/2002]

Street name signs shall be installed at each street intersection in accordance to type of materials, design and standards established by the Borough Council prior to the occupancy of any dwellings.

A traffic control signage plan and supporting documentation shall be submitted for approval and shall be installed prior to occupancy of any dwellings.

All traffic control, no parking and speed limit signs shall meet PennDOT standards and locations for such signs or, where applicable, shall be determined by the Borough Council.

§ 22-611 Sewer and Water Supply Systems.

[Ord. No. 2002-196, 9/30/2002]

Private and On-Site Sewer Systems.

All properties shall be connected to a public sanitary sewer system if possible.

Where a public sanitary sewer system is not accessible but is proposed for extension within five years to the development or exists to within 1,000 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.

If no public system is either proposed within five years or exists within 1,000 feet of the development, the Council may require that a study be prepared to determine the feasibility of constructing a separate private system or treatment facility, or connecting to an existing private system over 1,000 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 is 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.

Private and On-Site Water Systems.

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.

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.

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.

Where none of the above alternatives is possible or feasible, an individual water supply system shall be installed.

The water supply yield shall be adequate for the type of development proposed as certified by a registered engineer.

The installation of such systems shall not endanger or decrease groundwater supplies of adjacent properties.

Any such individual system shall meet any applicable Pennsylvania Department of Environmental Protection regulations.

§ 22-612 Fire Hydrants.

[Ord. No. 2002-196, 9/30/2002]

Fire hydrants shall be provided as an integral part of any public water supply system.

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.

Fire hydrants shall be placed at intervals of not more than 600 feet or as specified by the Middle Association of Fire Underwriters.

§ 22-613 Floodplains.

[Ord. No. 2002-196, 9/30/2002]

The source of floodplain delineation shall be the Flood Insurance Study (FIS) for the Borough of New Stanton, Westmoreland County, Pennsylvania, as prepared by the United States Department of Housing and Urban Development, Federal Flood Insurance Administration (FIA), as shown on a map entitled "Flood Boundary and Floodway Map"; said map is hereby incorporated as a part of this chapter.

All floodplain regulations as apply to and are set forth in Chapter 27, Zoning, or other ordinances of the Borough are hereby adopted by reference as if fully set forth at length herein.

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.

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 center line of the stream channel. Floodplain lines need not be identified by distances and bearings.

No subdivision or land development, or part thereof, shall be approved if the proposed development and/or improvements will, individually or collectively, increase the 100-year flood elevation more than one foot at any point.

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.

§ 22-614 Underground Utility Lines.

[Ord. No. 2002-196, 9/30/2002]

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.

§ 22-615 Stormwater Management.

[Ord. No. 2002-196, 9/30/2002]

Purpose. These regulations are designed to achieve the following general purposes and objectives:

To manage and control stormwater runoff resulting from land alteration and disturbance activities in accordance with the watershed stormwater management plans adopted pursuant to the Pennsylvania Storm Water Management Act (Act 167 of 1978, as amended).[1]

Editor's Note: See 32 P.S. § 680.1 et seq.

To utilize and preserve the desirable existing natural drainage systems and to preserve the flood-carrying capacity of streams.

To encourage natural infiltration of rainfall to preserve groundwater supplies and stream flows.

To provide for adequate maintenance of all permanent stormwater management structures in the Borough.

Applicability. The provisions of this section shall apply to all subdivisions and land development activity within New Stanton Borough.

Liability Disclaimer. Neither the granting of any approval under the stormwater management provisions of this chapter, nor the compliance with the provisions of this section, or with any condition imposed by a Borough official hereunder shall relieve any person from any responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the Borough for damages to persons or property.

The granting of a permit which includes any stormwater management facilities shall not constitute a representation, guarantee or warranty of any kind by the Borough, or by an official or employee thereof, of the practicability or safety of any structures, use or other plan proposed, and shall create no liability upon or cause of action against such public body, official or employee for any damage that may result pursuant thereto.

General Standards.

The following provisions shall be considered the overriding performance standards against which all proposed stormwater control measures shall be evaluated and shall apply throughout the Borough of New Stanton.

Any landowner and any person engaged in the alteration or development of land 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:

To assure that the maximum rate of stormwater runoff is no greater after development than the release rate percentage provided in this chapter; or

To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury and does not exceed the release rate percentage provided in this chapter.

The stormwater management plan for the development site must consider all the stormwater runoff flowing over the site.

No discharge of toxic materials shall be permitted into any stormwater management system.

Watershed Standards. Sewickley Creek Stormwater Management District.

The stormwater performance standards in this Part are intended to implement the provisions, standards and criteria contained in the Pennsylvania Storm Water Management Act.[2] If there is any discrepancy between the provisions of this Part and the provisions, standards and criteria of the Act, or if the stormwater management plan is subsequently approved and adopted by the appropriate governmental agency or body, then the provisions, standards and criteria of the current watershed plan shall govern.

[2]

Editor's Note: See 32 P.S. § 680.1 et seq.

Storm Frequencies. Stormwater management facilities on all development sites shall control the peak stormwater discharge for the two-, ten-, twenty-five- and 100-year storm frequencies. The SCS twenty-four-hour, Type II rainfall distribution shall be used for analyzing stormwater runoff for both predevelopment 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	2.7
10-year	4.0
25-year	4.6
100-year	5.4

(For additional information or data on other storm return periods, consult the "Erosion and Sediment Pollution Control Program Manual," produced by Pennsylvania Department of Environmental Protection, Division of Waterways, Wetland and Erosion Control, Harrisburg, March 2000).

Calculation Methods.

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, HEC I, or Penn State Runoff Model.

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.

Predevelopment Conditions. Predevelopment conditions shall be assumed to be those which exist on any site at the time of adoption of the Turtle Creek Stormwater Management Plan. Hydrologic conditions for all areas with pervious cover (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.

Routing of hydrographs through detention/retention facilities for the purpose of designing those facilities shall be accomplished using the Modified-Puls or Storage-Indication Method or recognized reservoir routing method subject to the approval of the Borough and Westmoreland County.

Release Rate Percentage.

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 which are subject to the provisions of this Part. The release rate for the Borough shall be 80%.

Procedure for Use.

Compute the predevelopment 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 100-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.

Multiply the 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.

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.

A no-harm evaluation will not be an acceptable solution to stormwater runoff created by development in New Stanton.

Design Criteria for Stormwater Management Controls. General Criteria:

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 Engineer. The Borough Engineer 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.

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 Engineer 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.

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:

Decreased impervious area coverage.

Infiltration of runoff on site.

Flow attenuation by use of open vegetated swales, natural depressions, porous pavement and concrete lattice block surface.

Stormwater detention/retention structures, such as ponds, cisterns and underground reservoirs, rooftop storage or parking lot ponding.

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.

Criteria for Infiltration Systems.

Infiltration systems shall be sized and designed based upon local soil and groundwater conditions.

Infiltration systems shall be designed on the basis of actual percolation or absorption test results and shall be located at least 10 feet from basement walls.

Infiltration systems shall not be used to handle runoff from commercial or industrial working or parking areas. This prohibition does not extend to roof areas which are demonstrated to be suitably protected from the effects of the commercial/industrial activities.

Infiltration systems may not receive runoff until the entire drainage area to the system has received final stabilization.

The stormwater infiltration facility design shall provide an overflow system with measures to provide a nonerosive velocity of flow along its length and at the outfall. If the overflow is found to be operating repeatedly, indicating a failure of the infiltration system, responsibility for maintenance, repair or replacement remains with the landowner.

Criteria for Stormwater Detention Facilities.

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 the 80% release rate defined in this Part for the two-, ten-, twenty-five- and 100-year storm frequencies.

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 100-year-storm runoff without breaching or otherwise damaging (i.e., impairing the continued function of) the facilities.

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.

Where detention facilities will be utilized, multiple-uses facilities, such as wetlands, lakes, ball fields or similar recreational/open space uses are encouraged wherever feasible, subject to the approval of the Borough and the Pennsylvania Department of Environmental Protections Chapter 105 regulations.

Other considerations which should be incorporated into the design of the detention facilities include:

Inflow and outflow structures shall be designed and installed to prevent erosion. Slope and bottoms of impoundment-type structures should be protected from soil erosions.

Control and removal of debris both in the storage structure and in all inlet or outlet devices shall be a design consideration.

Inflow and outflow structures, pumping stations, and other structures shall be designed and protected to minimize safety hazards.

Access shall be restricted as specified by the provisions for fencing swimming pools as found in Chapter 27, Zoning, and in appropriate instances, such restriction of access shall include fencing at a minimum height of six feet.

Side slope of storage ponds shall not exceed a ratio of 2.5 to one, horizontal to vertical dimension.

Landscaping shall be provided for the facility which harmonizes with the surrounding area.

Facility shall be located to facilitate maintenance, considering the frequency and type of equipment that will be required.

Criteria for Collection/Conveyance Facilities.

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:

All sites shall be graded to provide drainage away from and around the structure in order to prevent any potential flooding damage.

Lots located on the high side of streets shall extend roof and french drains to the curbline storm sewer (if applicable) or disbursed on lawn areas where sewers are not provided. Low side lots shall extend roof and french drains to stormwater collection/conveyance/control system or natural watercourse in accordance with the approved stormwater management plan for the development site.

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.

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.

Where drainage swales or open channels are used, they shall be suitably lined to prevent erosion and designed to avoid excessive velocities.

Wherever storm sewers are proposed to be utilized, they shall comply with the following criteria:

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. Storm sewers shall be located in the right-of-way or in a drainage easement.

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.

Designed with cradle when traversing fill areas of indeterminate stability, with anchor when gradient exceeds 20%, and with encasement or special backfill requirements when traversing under a paved area.

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.

Drain pipe, trenching, bedding and backfilling requirements shall conform to the requirements of the Borough and/or applicable PennDOT Specifications Form 408.

All corrugated metal pipe shall be polymer coated, and with asbestos bonding and paved inverts where prone to erode. Corrugated polyethylene pipe (PE) is an acceptable substitute. Pipe within a Borough right-of-way shall be reinforced concrete pipe with a minimum diameter of 15 inches or approved equal. Minimum grade shall be 0.50%.

Storm inlets and structures shall be designed to be adequate, safe, self-cleaning and unobtrusive and consistent with Borough standards. Inlets may be substituted for manholes when approved by the Borough Council. Inlets (of size and design specified by the Borough Council) shall be constructed as required to intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the areas to be drained.

(8)

Appropriate grates conforming to Pennsylvania Department of Transportation Specifications Form 408 and shall be provided for all catch basins, stormwater inlets and other entrance appurtenances. Bicycle-safe grates required applicable.

(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. Manholes shall be spaced not more than 300 feet apart unless otherwise approved by the Borough Council. Manholes may be required at all changes in alignment and at all changes in grade.

(10)

Where proposed sewer connects with an existing storm sewer system, the applicant 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 (Chapter 105 of Pennsylvania DEP rules and regulations).

(12)

In the design of storm drainage installations, special consideration shall be given to the avoidance of problems which may arise from concentration of stormwater runoff over adjacent properties. The landowner/developer shall remain responsible for future damage caused to lands of others by discharges from his development.

(13)

Bridges and culverts shall be designed to support the expected loads, to carry expected flows, and be constructed the full width of the right-of-way where deemed necessary by the Borough Council.

10.

Erosion and Sedimentation Controls:

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.

As a minimum, all erosion and sedimentation submittals shall include an erosion and sedimentation control plan drawing, an engineer's narrative describing the plan, a construction implementation schedule, and a maintenance plan.

Proposed erosion/sedimentation measures shall be submitted with the stormwater management plan as part of the preliminary and final applications.

11.

Maintenance of Stormwater Management Controls.

Maintenance Responsibilities.

The stormwater management plan for the development shall contain an operation and maintenance plan prepared by the applicant and approved by the Borough Engineer. The operation and maintenance plan shall outline required routine maintenance actions schedules necessary to ensure proper operation of the facility(ies).

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:

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 should also be dedicated to and maintained by the Borough.

If a development site is to be maintained in single ownership of if sewers and other public improvements are to be privately owned and maintained, then the ownership and maintenance of stormwater control facilities should be the responsibility of the owner or private management entity.

The Borough Council, upon recommendation of the Borough Engineer, 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 of all of the stormwater management controls.

Maintenance Agreement for Privately Owned Stormwater Facilities.

Prior to final approval of the site's stormwater plan, the property owner shall sign and record a maintenance agreement covering all stormwater control facilities which are to be privately owned. The agreement shall stipulate that:

The owner shall maintain all facilities in accordance with the approved maintenance schedule and shall keep all facilities in a safe and attractive manner.

The owner shall convey to the Borough easements and or rights-of-way to assure access for periodic inspections by the Borough and maintenance if required.

The owner 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.

(d)

If the owner 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 owner shall reimburse the Borough for all costs.

Other items may be included in the agreement where determined necessary to guarantee the satisfactory maintenance of all facilities. The maintenance agreement shall be subject to the review and approval of the Borough Solicitor and the Borough Council and shall be in a form as may be recorded in the office of the Recorder of Deeds in Westmoreland County.

12.

Borough Stormwater Maintenance Fund.

Persons installing stormwater storage facilities shall be required to pay a specified amount to the Borough Stormwater Maintenance Fund to help defray costs of periodic inspections and maintenance expenses. The amount of the deposit shall be determined as follows:

If the storage facility is to be privately owned and maintained, the deposit shall cover the cost of periodic inspections performed by the Borough for a period of 10 years, as estimated by the Borough Engineer. After that period of time, inspections will be performed at the expense of the Borough.

If the storage facility is to be owned and maintained by the Borough, the deposit shall cover the estimated costs for maintenance and inspections for 10 years. The Borough Engineer will establish the estimated costs utilizing information submitted by the applicant.

The amount of the deposit to the fund shall be converted to present worth of the annual series values. The Borough Engineer shall determine the present worth equivalents, which shall be subject to the approval of the Borough Council.

If a storage facility is proposed that also serves as a recreation facility (e.g., ball field, lake), the Borough may reduce or waive the amount of the maintenance fund deposit based upon the value of the land for public recreation purposes.

If at some future time a storage facility (whether publicly or privately owned) is eliminated due to the installation of storm sewers or other storage facility, the unused portion of the maintenance fund deposit will be applied to the cost of abandoning the facility and connecting to the storm sewer system or other facility. Any amount of the deposit after costs of abandonment are paid will be returned to the depositor.

13.

Stormwater Plan Requirements.

General Requirements. No final subdivision or land development plan shall be approved, no permit authorizing construction issued, or any earthmoving or land disturbance activity initiated until the final stormwater management plan for the development site is approved in accordance with the provisions of this section.

Exemptions for Neighborhood Scaled Land Developments.

At the time of application, the Borough shall determine if the subdivision/land development qualifies as a minor land development and, therefore, is eligible for a simplified stormwater plan submission. For the purposes of this Part, a "minor land development" is any subdivision or land development which results (or will result when fully constructed) in the creation of 5,000 or less square feet of impervious area and one acre or less of any land cover change.

Any subsequent development on the same parcel, or on adjoining parcels in common ownership, which, when combined with the prior development, exceeds the 5,000 square feet of impervious area or one acre of land cover change shall require the new and prior development to comply with all requirements of this section.

Applications for minor land developments shall include a plan which describes the type and location of proposed on-site stormwater management techniques or the proposed connection to an existing storm sewer system. The plan should show drainage facilities or structures. The Borough reserves the right to require that the plan be prepared by a registered professional engineer, surveyor or landscape architect.

Nothing in this section shall relieve the developer from the responsibility of providing adequate stormwater controls to meet the spirit and intent of this section. Regardless of size, all development shall provide adequate on-site stormwater controls to protect neighboring properties from harm, as determined by the Borough.

The Borough Engineer shall review and approve the proposed provisions for stormwater management in accordance with the standards and requirements of this section.

Stormwater Plan Contents.

General Format. The stormwater plan shall be prepared using the general requirements for plan format contained this Part with the following additions:

Existing and Proposed Features. The plan shall show the following:

Watershed Location. Provide a key map showing all the location of the development site within the watershed(s) and watershed subarea(s). On all site drawings, show the boundaries of the watershed(s) and subarea(s) as they are located on the development site and identify watershed name(s) and subarea number(s).

Floodplain Boundaries. Identify 100-year floodplains on the development site (as appropriate) based on the Borough Flood Insurance Study maps.

Natural Features. Show all bodies of water (natural or artificial), watercourses (permanent and intermittent), swales, wetlands and other natural drainagecourses on the development site, or which will be affected by runoff from the development.

(d)

Soils. Provide an overlay showing soil types and boundaries within the development site (consult county, SCS and United States Geological Survey for information).

(e)

Contours. Show existing land contours at intervals of two feet; in areas with slopes greater than 50%, five-foot contour intervals may be used.

(f)

Land Cover. Show existing and final land cover classifications as necessary to support and illustrate the runoff calculations performed.

(g)

Drainage Area Delineations. Show the boundaries of the drainage areas employed in the runoff calculations performed.

(h)

Stormwater Management Controls. Show any existing stormwater management or drainage controls and/or structures, such as sanitary and storm sewers, swales, culverts, etc., which are located on the development site, or which are located off site but will be affected by runoff from the development.

Professional Certification. The stormwater management plan (including all calculations) must be prepared and sealed by a registered professional engineer, surveyor or landscape architect with training and expertise in hydrology and hydraulics. Documentation of qualifications may be required by the Borough.

Runoff Calculations. Calculations for determining predevelopment and post-development discharge rates and for designing proposed stormwater control facilities must be submitted with the stormwater management plan. All calculations shall be prepared using the methods and data prescribed by this section.

Stormwater Controls. All proposed stormwater runoff control measures must be shown on the plan, including methods for collecting, conveying and storing stormwater runoff on site, which are to be used both during and after construction. Erosion and sedimentation controls shall be shown in accordance with applicable Borough and Westmoreland County Conservation District requirements. The plan shall provide information on the exact type, location, sizing, design and construction of all proposed facilities and their relationship to the existing watershed drainage system.

If the development is to be constructed in stages, the applicant must demonstrate that stormwater facilities will be installed to manage stormwater runoff safely during each stage of development.

A schedule for the installation of all temporary and permanent stormwater control measures and devices shall be submitted.

If appropriate, a justification should be submitted as to why more preferred stormwater management techniques were passed over in favor of the one selected.

Easements, Rights-of-Way, Deed Restrictions. All existing and proposed easements and rights-of-way for drainage and/or access to stormwater control facilities shall be shown and the proposed owner identified. Show any areas subject to special deed restrictions relative to or affecting stormwater management on the development site.

Other Permits/Approvals. A list of any approvals/permits relative to stormwater management required from other governmental agencies (including DEP Chapter 105 and 106 permits) and anticipated dates of submission/receipt should be included with the stormwater plan submission. Copies of permit applications may be requested by the Borough where they may be helpful for the plan review.

Maintenance Program. The application shall contain a proposed maintenance plan for all stormwater control facilities in accordance with the following:

Identify the proposed ownership entity (e.g., municipality, property owner, private corporation, homeowners' association, or other entity.

Include a maintenance program for all facilities, outlining the type of maintenance activities, probable frequencies, personnel and equipment requirements and estimated annual maintenance costs.

Identify method of financing continuing operation and maintenance if the facility is to be owned by other than the Borough.

Submit any legal agreements required to implement the maintenance program and copies of the maintenance agreement as required by this Part.

Financial Guarantees. Submit financial guarantees in accordance with the provisions of this chapter and Section 509 of the Pennsylvania Municipalities Planning Code.[3]

[3]

Editor's Note: See 53 P.S. § 10509.

14.

Plan Review Procedures:

Preapplication Phase.

Before submitting the stormwater plan, applicants are urged to consult with the Borough and County Conservation District on the requirements for safely managing stormwater discharge from the development site in a manner consistent with the Borough ordinances and Department of Environmental Protection regulations. These agencies may also be helpful in providing necessary data for the stormwater management plan.

Applicants are encouraged to submit a sketch plan with a narrative description of the proposed stormwater management controls for general guidance and discussion with the Borough and other agencies.

The preapplication is not mandatory; any review comments provided by the Borough or other agencies are advisory only and do not constitute any legally binding action on the part of the Borough or any county agency.

Stormwater Plan Reviews.

Submission of Plans. Stormwater plan applications shall be submitted with the preliminary and final subdivision/land development applications.

Notification of Affected Municipalities. The Borough shall notify municipalities upstream and downstream of the development site which may be affected by the stormwater runoff and proposed controls for the site. Copies of the plans will be made available to the municipalities upon request. Comments received from any affected municipality will be considered by the Borough Engineer and county agencies in their reviews.

Review by Borough Engineer and Westmoreland County Conservation District. Stormwater plans shall be reviewed by the Borough Engineer and Westmoreland County Conservation District. At its discretion, the Borough and/or Westmoreland County Conservation District may also engage other specialists in hydrology or hydraulics to assist with the stormwater plan review. The Westmoreland County Conservation District will review the plan for general compliance with the watershed plan standards and criteria and watershed-wide impacts and, where appropriate, may consult with adjacent counties for their comments. If the Conservation District's review identified the improper application of the watershed standards and criteria or the possibility of harmful impacts downstream from the development site's proposed stormwater management system, the applicant and Borough Engineer will be so notified so that the necessary modifications can be made to promote safe stormwater management.

Borough Engineer's Review. The Borough Engineer shall approve or disapprove the stormwater management plan based on the requirements of the Borough ordinances, the standards and criteria of the watershed plan and good engineering practice. The Engineer shall submit a written report, along with supporting documentation, stating their reasons for approval or disapproval.

Status of the Engineer's Determination. The approval/disapproval of the site's stormwater management plan by the Borough Engineer shall be submitted to the Borough Council for final determination. The Engineer's determination approving or disapproving the site's stormwater management plan shall be deemed approved by Borough Council unless a majority comprised of at least 2/3 of the members casting votes reject said determination. In the event that a determination of the Borough Engineer is rejected by Borough Council, the developer's engineer shall prepare modifications or alternative approaches to the stormwater management plan for resubmission to Council.

Permits Required from Other Governmental Agencies. Where the proposed development requires an encroachment permit for the Pennsylvania Department of Environmental Protection or an erosion/sedimentation permit from the Westmoreland County Conservation District, final stormwater management plan approval shall be conditional upon receipt of such permits. However, no building permit shall be issued, nor construction started, until the permits are received and copies filed with the Borough.

15.

Status of the Stormwater Plan After Final Approval.

Upon final stormwater plan approval and receipt of all necessary permits, the applicant may commence to install or implement the approved stormwater management controls.

If site development or building construction does not begin within two years of the date of final approval of the stormwater management plan, then before beginning, the applicant shall resubmit the stormwater management plan to verify that no condition has changed within the watershed that would affect the feasibility or effectiveness of the previously approved stormwater management controls. Further, if for any reason development activities are suspended for two or more years, then the same requirement for resubmission of the stormwater management plan shall apply.

16.

Stormwater Plan Modifications.

If the request for a plan modification is initiated before construction begins, the stormwater plan must be resubmitted and reviewed according to the procedures contained in this section.

If the request for a plan modification is initiated after construction is underway, the Borough Engineer shall have the authority to approve or disapprove the modification based on field inspection, provided the requested changes in stormwater controls do not result in any modifications to other approved Borough land use/development requirements (e.g., building setbacks, yards, etc.) and the performance standards enumerated in Chapter 27, Zoning, are met. Notification of the Engineer's action shall be sent to the Borough Council, which may issue a stay of the plan modification and within five days require the permittee to resubmit the plan modification for full stormwater plan review in accordance with this section.

17.

Inspections of Stormwater Management Controls.

The Borough Engineer or designated representative shall inspect the construction of the temporary and permanent stormwater management system for the development site. The permittee shall notify the Engineer 48 hours in advance of the completion of the following key development phases:

At the completion of preliminary site preparation, including stripping of vegetation, stockpiling of topsoil and construction of temporary stormwater management and erosion control facilities.

At the completion of rough grading but prior to placing topsoil, permanent drainage or other site development improvements and ground covers.

During construction of the permanent stormwater facilities at such times as specified by Borough Engineer.

Completion of permanent stormwater management facilities, including established ground covers and plantings.

Completion of final grading, vegetative control measure of other site restoration work done in accordance with the approved plan and permit.

No work shall commence on any subsequent phase until the preceding one has been inspected and approved. If there are deficiencies in any phase, the Borough Engineer shall issue a written description of the required corrections and stipulate the time by which they must be made.

If, during construction, the contractor or permittee identifies any site condition, such as subsurface soil condition, alterations in surface or subsurface drainage, which could affect the feasibility of the approved stormwater facilities, he/she shall notify the Borough Engineer within 24 hours of the discovery of such condition and request a field inspection. The Borough Engineer shall determine if the condition requires a stormwater plan modification.

In cases where stormwater facilities are to be installed in areas of landslide-prone soils or other special site conditions exist, the Borough may require special precautions, such as soil tests and core borings, full-time inspectors and/or similar measures. All costs of any such measure shall be borne by the applicant.

18.

There shall be reserved in all residential subdivision of more than three acres, including more than five building lots, one or more areas for the temporary detention of overland stormwater runoff. Said common detention area shall be identified on the preliminary plat and shall be incorporated as described in a covenant and deed restrictions document to be filed with the final subdivision plat. The covenants and deed restrictions document shall also include:

A mechanism for the transfer of title to all homeowners of the subdivision of that area upon which the common temporary detention facility is situate.

Provisions for the collection of monthly of annual fees for the maintenance of the common temporary detention facilities.

A procedure for the deposition of fees collected into an account from which payment for maintenance is withdrawn.

A procedure for the designation of an individual or individuals responsible for the monitoring of said account and for the collection and dispersal of fees.

A minimum twenty-foot access easement shall be provided to a public right-of-way for service by maintenance vehicles and equipment.

A statement of nonliability shall be included on the final plat for recording which indemnifies New Stanton Borough from maintenance responsibilities or damages occurring because of the negligence of the homeowners responsible for maintenance of the temporary detention facilities.

Provisions for transfer of maintenance responsibilities to the Borough in the event that the homeowner fails to provide such maintenance as per the Pennsylvania Municipalities Planning Code and amendments thereto (Section 705).[4]

[4]

Editor's Note: See 53 P.S. § 10705.

§ 22-616 Street Trees.

[Ord. No. 2002-196, 9/30/2002]

Should the developer plan to provide trees, their proposed locations, spacing and species must be submitted for approval by the Planning Commission and Borough Council. On narrow rights-of-way or where the planting strip between sidewalk and the curb is less than five feet wide, trees will not be permitted, but are to be placed inside the property lines.

§ 22-617 Space for Special Purposes.

[Ord. No. 2002-196, 9/30/2002]

Easements, adequate for all utilities and drainage characteristics.

Buffer area or planting screen minimum width: 10 feet, where required.

When adequate public play space does not exist, in the opinion of the Borough Council, within 1/2 miles of the site, the Council will request the developer of residentially zoned property to provide recreational space on a pro rata schedule based on minimum recreation needs as defined by the New Stanton Borough Council. A fee in lieu of dedication of open space may be accepted by the Council at its sole discretion and based upon a formula developed to assess minimum Borough recreation land or facility needs in relation to the size and location of the development being considered for approval. Procedures for collection of fees in lieu of dedication shall conform to Section 503, Subsection 11 of the Pennsylvania Municipalities Planning Code,[1] as amended.