The following improvements shall be installed by the subdivider. The
final plan shall not be approved until final detailed design of the improvements
is approved and the improvements are installed or security to the Borough
Council is provided.
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 §§ 183-23 and 183-24 of this chapter.
Curbs and sidewalks shall be provided in accordance with the standards set forth in § 183-25 of this chapter.
A.
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 sewage
system to which it will be connected shall be submitted to the Borough Council.
Where required, DEP Planning Module approval shall also be obtained for final
plan approval.
B.
Private sewer systems. When a complete private sanitary
sewer system using a treatment plan is to be provided, a statement shall be
submitted to the Borough Council from the Pennsylvania Department of Environmental
Protection certifying that a permit has been issued by the appropriate agency
approving the proposed facilities. Adequate security for the maintenance of
such plant shall be furnished to the Borough of Brentwood.
C.
On-lot sewage disposal. In subdivisions where public
sewers are not available and a complete private sanitary sewer system is not
required, on-lot sewage disposal systems shall be provided.
D.
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%.
A.
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.
B.
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 the Borough 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 Brentwood.
C.
Fire hydrants. Fire hydrants shall be provided as an
integral part of any public water supply system. The Borough Fire Marshal
shall be consulted to determine the location of proposed fire hydrants.
A storm drainage system shall be provided in accordance with the standards as set forth in § 183-26 of this chapter.
A.
Easements for utilities shall have a minimum width of
15 feet.
B.
The fullest extent possible, easements for public utilities
shall be centered on or adjacent to rear or side lot lines.
C.
Telephone, electric, television cable and such other
utilities shall be installed underground and shall be provided within the
street right-of-way or easements to be dedicated for such utilities and in
accordance with plans approved by the Borough Council and the applicable utility
company. Underground installation of the utility distribution and service
lines shall be completed prior to street paving and gutter, curbing and sidewalk
installation.
A.
Monuments shall be of concrete or stone at least 6 x
6 x 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 three-fourths-inch diameter and set at all points where lines
or lines and curves intersect.
B.
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.
All improvements shall be installed according to a time schedule which
shall be approved by the Borough Council.
At the time each improvement is to be installed and upon its completion,
the subdivider shall notify the Borough 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.
A.
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, streetlights, 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
the final approval of a plat, including improvements or fees otherwise required
by ordinance, the developer may deposit with the borough financial security
in an amount sufficient to cover the related drainage facilities, recreational
facilities, open space improvements or buffer or screen plantings which may
be required.
B.
When requested by the developer, in order to facilitate
financing, the Borough 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 is obtained. The
final plat or record plan shall not be signed nor recorded until the financial
security is obtained. 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 agreement is not executed within 90 days unless a
written extension is granted by the Borough Council; such extension shall
not be unreasonably withheld and shall be placed, in writing, at the request
of the developer.
C.
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.
D.
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 that said bonding company
or lending institution is authorized to conduct such business within the commonwealth.
E.
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.
F.
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 estimated as of 90 days following the date scheduled for completion
by the developer. Annually, the borough may adjust the amount of the 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.
G.
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.
H.
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.
I.
In the case where development is projected over a period
of years, the Borough Council may authorize submission of final plats by sections
or stages of development subject to such requirements or guarantees as to
improvement in future sections or stages of development as it finds essential
for the protection of any finally approved section of the development.
J.
As the work of installing the required improvements proceeds,
the party posting the financial security may request the Borough Council to
release or authorize the release, from time to time, of such portions of the
financial security necessary to payment to the contractor or contractors performing
the work. Any such requests shall be, in writing, addressed to the Borough
Council, and the Borough Council shall have 45 days from receipt of such request
within which to allow the Borough Engineer to certify, in writing, to the
Borough Council that such portion of the work upon the improvements has been
completed in accordance with the approved plat. Upon such certification the
Borough Council shall authorize release by the bonding company or lending
institution of an amount as estimated by the Borough Engineer fairly representing
the value of the improvements completed or if the Borough Council fails to
act within said forty-five-day period the Borough Council shall be deemed
to have approved the release of funds as requested. The Borough Council may,
prior to final release at the time of completion and certification by its
engineer, require retention of 10% of the estimated cost of the aforesaid
improvements.
K.
Where the Borough Council accepts dedication of all or
some of the required improvements following completion, the Borough 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 and specifications as depicted on the final plat for a term
not to exceed 18 months from the date of acceptance of 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.
L.
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.
M.
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 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 or beyond
the lot or lots in question if such improvements are necessary for the reasonable
use of or occupancy of the building or buildings.
N.
Following the expiration of the maintenance bond required
hereunder, the obligation for the maintenance, repair, construction and/or
replacement of any sanitary sewer lateral or line extending to the main line
to which such property owner's sanitary sewer lateral or line is connected
shall remain the obligation of the property owner, and any repairs, maintenance,
construction or replacement cost shall be the obligation of the property owner;
provided, however, that in the event a sanitary sewer lateral or line shall
extend beneath a borough street or borough way (the paved or traveled portion
of the same) and the property owner notifies the borough that that portion
of the lateral or line extending beneath the public street or way is defective,
clogged or in some other manner impaired, and the owner certifies the same
in writing, then the borough shall investigate and determine the cause of
the blockage or obstruction or the cause of such disrepair of the line and
if the cause is determined to be in that portion of the line under the public
street or way (the paved or traveled portion), then the borough shall assume
the obligation and cost of repairing, maintaining or replacing such sewer
line, said cost not to exceed the sum of $10,000 per occurrence.
[Added 5-6-1997 by Ord. No. 1094]
(1)
The cost of any exploratory excavation shall be the responsibility
of the property owner. Whenever possible, such excavation shall be close to
the curb.
(2)
The provisions of this subsection shall not be applicable
to streets or ways which are the property of Allegheny County and/or the Commonwealth.
(3)
The provisions of this subsection shall not be applicable
to industrial or commercial properties. Commercial properties shall include
structures containing more than two dwelling units and single-family dwellings
if more than two are owned by the same owner.
(4)
In conjunction with a registered plumber engaged by the
property owner, the Superintendent of Public Works of the Borough of Brentwood,
or his designee, shall be the borough official charged with the responsibility
of ascertaining the cause of any malfunction or defect in a sanitary sewer
lateral or line, beyond the curbline to the connection with the main line,
which would be subject to the provisions of this subsection.
(5)
To the extent feasible, borough funds to carry out the
provisions of this subsection shall come from the Borough Sewer Fund upon
the recommendation of the Superintendent of Public Works and the Chairman
of the Public Works Committee of the Council.
(6)
In the event that it is determined that the cause of
the obstruction or other disrepair to the sanitary sewer lateral or line is
not under the public street or public way, then the property owner shall be
responsible for the repair, maintenance or replacement of the lateral or line
and shall likewise be responsible for all costs incurred by the borough in
the investigation conducted by it following the property owner's certification.
(7)
All costs, together with the attorney's commission
of 10% of the cost, shall be lienable and shall be filed as a municipal claim
pursuant to the procedure provided by the Acts and statutes of the Commonwealth
of Pennsylvania.
A.
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Borough 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. The Borough
Council shall, within 10 days after receipt of such notice, direct and authorize
the Borough Engineer to inspect of the aforesaid improvements. 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. The report shall be made and mailed within 30 days after
receipt by the Borough Engineer of the aforesaid authorization from the Borough
Council; said report shall be detailed and shall indicate approval or rejection
of said improvements, either 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.
B.
The Borough 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 Borough Council with relation thereto.
C.
If the Borough Council or the Borough Engineer fails
to comply with the time limitation 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.
D.
If any portion of the said 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 herein, shall be followed.
E.
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 the Borough Council or the Borough Engineer.
F.
Where herein reference is made to the Borough Engineer,
he shall be as a consultant thereto.
G.
The applicant or developer shall reimburse the borough
for the reasonable and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Borough Council
and as from time to time amended.[1] Such expense shall be reasonable and in accordance with the ordinary
and customary fees 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.
(1)
In the event that the applicant disputes the amount of
any such expense in connection with the inspection or improvements, the applicant
shall, within 10 working days of the date of billing, notify the borough that
such expenses are disputed as 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 the applicant's
request over disputed engineer expenses.
(2)
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.
(3)
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.
(4)
In the event that the borough and applicant cannot agree
upon the professional engineer to be appointed within 20 days of the appointed
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.
(5)
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 1/2 of the fee of the appointed professional engineer.
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 Borough 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, the Borough Council may, at its option, install part of
such improvements in all or part of the subdivision or land development and
may institute appropriate legal or equitable action to recover the 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 used solely for the installation
of the improvements covered by such security and not for any other Borough
purpose.
