Minimum improvements and construction standards
required of all subdivisions shall be as set forth in this article,
and as listed in Table 1. Where not set forth, they shall be in accordance
with the prevailing standards as established by the Commission Engineer.
Alternate improvement standards may be permitted if the Commission
deems them equal or superior in performance characteristics to the
specified improvements. Additional or higher-type improvements may
be required in specific cases where the Commission believes it necessary
to create conditions essential to the health, safety, morals and general
welfare of the citizens of the community.
A.
Monuments shall be placed so that the scored or marked
point shall coincide exactly with the intersection of the lines to
be marked, and shall be set so that the top of the monument or marker
is level with the surface of the surrounding ground.
B.
Monuments shall be readily visible and shall be set
at the intersection of all lines forming angles in the boundary of
the subdivision. A monument shall, at minimum, be an iron pin.
A.
No plat which will require access to a highway under
the jurisdiction of the Department of Transportation shall be finally
approved unless the plat contains a notice that a highway occupancy
permit is required pursuant to Section 420 of the Act of June 1, 1945
(P.L. 1242, No. 428), known as the "State Highway Law,"[1] before driveway access to a state highway is permitted.
[1]
Editor's Note: See 36 P.S. § 670-420.
B.
Basic improvement requirements.
(1)
The provision of street pavement curbs, and sidewalks
on all proposed or required public streets shall be as shown on Table
1. All streets shall be graded, surfaced, and improved to the grades
and dimensions shown on plans, profiles, and cross-sections submitted
by the subdividers and approved by the Commission.
(2)
Table 1 specifies those improvements which are the
responsibility of the subdivider. In the case of major traffic streets,
the State Highway Department or the municipality may provide additional
improvements over and above those required to be installed by the
subdivider.
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Table 1
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|---|---|---|---|---|
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Basic Improvement Requirements For Street
Pavements, Curbs and Sidewalks1
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TYPE OF SUBDIVISION
Residential, by Lot Area
(Square Feet) per Unit
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|
Type of Street
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Nonresidential
(feet)
|
Under 6,000
(feet)
|
6,000 to 9,999
(feet)
|
10,000 and over
(feet)
|
|
ARTERIAL AND COLLECTOR STREET
| ||||
|
Pavement width and type
|
36 - A
|
36 - A
|
34 - A
|
26 - C
|
|
Curb type required
|
D, E
|
D, E
|
D, E
|
---
|
|
Shoulder width (each side)
|
---
|
---
|
---
|
6
|
|
Sidewalk width and type
|
5 - H
|
5 - H
|
5 - H
|
---
|
|
SUBCOLLECTOR
| ||||
|
Pavement width and type
|
32 - A
|
32 - A
|
32 - B
|
26 - C
|
|
Curb type required
|
D, E
|
D, E
|
D, E
|
---
|
|
Shoulder width (each side)
|
---
|
---
|
---
|
3
|
|
Sidewalk width and type
|
4 - F, G
|
4 - F, G
|
4 - F, G
|
---
|
|
ACCESS STREET
| ||||
|
Pavement width and type
|
21 - A
|
21 - A
|
18 - B
|
18 - C
|
|
Curb type required
|
D, E
|
D, E
|
D, E
|
------
|
|
Sidewalk width and type
|
4 - F, G
|
4 - F, G
|
4 - F, G
| |
|
ALLEY
| ||||
|
Pavement width and type
|
21 - A
|
21 - A
|
2
|
2
|
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NOTES:
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|---|---|---|---|---|
|
1The letters in the
Table (A through H) refer to the following proposed construction standards:
|
|
Street pavement:
| ||
|
A.
|
To be supplied by Commission Engineer.
| |
|
B.
|
To be supplied by Commission Engineer.
| |
|
C.
|
To be supplied by Commission Engineer.
| |
|
Curb types.
| ||
|
D.
|
To be supplied by Commission Engineer.
| |
|
E.
|
To be supplied by Commission Engineer.
| |
|
Sidewalks.
| ||
|
F.
|
To be supplied by Commission Engineer.
| |
|
G.
|
To be supplied by Commission Engineer.
| |
|
H.
|
To be supplied by Commission Engineer.
| |
|
2Optional standards
to be developed.
| ||
Street signs shall be provided at the intersections
of all streets. The type, height and design shall be approved by the
Police Committee of the Council.
A.
Provision of water supply.
(1)
A distribution system shall be designed to furnish
an adequate supply of water to each lot, with adequate main sizes
and fire hydrant locations to meet the local specifications. A copy
of the approval of such system by the appropriate public agency shall
be submitted with the final plat.
(2)
Every ordinance adopted pursuant to this article shall
include a provision that, if water is to be provided by means other
than by private wells owned and maintained by the individual owners
of lots within the subdivision or development, applicants shall present
evidence to the governing body or planning agency, as the case may
be, that the subdivision or development is to be supplied by a certified
public utility, a bona fide cooperative association of lot owners,
or by a municipal corporation, authority or utility. A copy of a certificate
of public convenience from the Pennsylvania Public Utility Commission
or an application for such certificate, a cooperative agreement or
a commitment or agreement to serve the area in question, whichever
is appropriate, shall be acceptable evidence.
B.
Location of waterlines. Where public waterlines are
installed all such waterlines shall be located between the curbline
and the property line within any street right-of-way.
A.
Sanitary sewage disposal. Each lot in a subdivision
shall be connected to a public sanitary sewer facility.
B.
Location of sewer lines. Sanitary sewer lines shall
be located according to the requirements of the Latrobe Municipal
Authority or any other appropriate body having jurisdiction over the
same.
C.
Type of sewer system. No combined sanitary and storm
systems will be permitted.
D.
Manholes. Sanitary and storm sewer manholes will be
provided at all changes in grade and direction and in no instance
shall the distance between said manholes exceed 400 feet.
A.
Provision of storm sewers. Storm sewers shall be installed
when, in the opinion of the Commission, it is deemed necessary to
provide adequate drainage for the subdivision.
B.
Purpose of storm sewers. When storm sewers, culverts
and related installations are provided, they shall be designed to:
C.
Special problems. In the design of storm sewage installations,
special consideration shall be given to avoidance of problems which
may arise from concentration of stormwater runoff over adjacent properties.
D.
Construction standards. All drainage structures, culverts,
boxes, grates, etc., shall conform to the current specifications of
the Pennsylvania Department of Transportation, as approved by the
Commission Engineer.
A.
Power, telephone and television community antenna
lines. All subdivisions shall have easements provided for the installation
of power and telephone utility lines to serve each and every lot,
and provision shall be made, when necessary, for the location of television
community antenna lines to be installed in said easements.
B.
Gas transmission lines. When any subdivider proposes
to provide gas transmission lines within a subdivision, said gas transmission
lines shall be installed between the curbline and the property line
of any street right-of-way.
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 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 required pursuant to Subsection I, this chapter shall provide for the deposit with the municipality of financial security in an amount sufficient to cover the costs of such improvements or common amenities, including but not limited to roads, stormwater detention and/or retention basins and other 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 governing body or the planning agency, if designated,
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 to be revoked if the financial security agreement
is not executed within 90 days unless a written extension is granted
by the governing body; 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 municipality 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 municipality
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 municipality 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 an 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 municipality,
upon the recommendation of the Municipal Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the municipality 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 municipality 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
municipality 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 governing body or the planning agency may authorize
submission of final plats by section or stages of development subject
to such requirements or guaranties as to improvements in future sections
or stages of development as it finds essential for the protection
of any finally approved section of the development.
J.
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
governing body to release or authorize the release, from time to time,
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 the governing body, and the governing body
shall have 45 days from receipt of such request within which to allow
the Municipal Engineer to certify, in writing, to the governing body
that such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification, the
governing body shall authorize release by the bonding company or lending
institution of an amount as estimated by the Municipal Engineer fairly
representing the value of the improvements completed or, if the governing
body fails to act within said forty-five-day period, the governing
body shall be deemed to have approved the release of funds as requested.
The governing body 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 governing body accepts dedication of all
or some of the required improvements following completion, the governing
body 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 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 municipality, 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 municipality
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 improvements 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 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. Any ordinance or statute inconsistent
herewith is hereby expressly repealed.
A.
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the municipal
governing body, in writing, by certified or registered mail, of the
completion of the aforesaid improvements and shall send a copy thereof
to the Municipal Engineer. The municipal governing body shall, within
10 days after receipt of such notice, direct and authorize the Municipal
Engineer to inspect all of the aforesaid improvements. The Municipal
Engineer shall, thereupon, file a report, in writing, with the municipal
governing body, 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 Municipal Engineer
of the aforesaid authorization from the governing body; 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 Municipal Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
B.
The municipal governing body 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 municipal governing
body with relation thereto.
C.
If the municipal governing body or the Municipal 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 said improvements shall not be approved
or shall be rejected by the municipal governing body, 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 municipal governing body or
the Municipal Engineer.
F.
Where herein reference is made to the Municipal Engineer,
he shall be a duly registered professional engineer employed by the
municipality or engaged as a consultant thereto.
G.
The municipality may prescribe that the applicant
shall reimburse the municipality for the reasonable and necessary
expense incurred for the inspection of improvements. Such reimbursement
shall be based upon a schedule established by ordinance or resolution.
Such expense shall be reasonable and in accordance with the ordinary
and customary fees charged by the Municipal 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 municipality 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 of improvements,
the applicant shall, within 10 working days of the date of billing,
notify the municipality that such expenses are disputed as unreasonable
or unnecessary, in which case the municipality 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 municipality
and the applicant cannot agree on the amount of expenses which are
reasonable and necessary, then the applicant and municipality shall
jointly, by mutual agreement, appoint another professional engineer
licensed as such in the Commonwealth of Pennsylvania to review 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 municipality and 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 municipality 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 Municipal Engineer
nor any professional engineer who has been retained by or performed
services for the municipality 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 municipality shall pay the fee of the professional engineer,
but otherwise the municipality and the applicant shall each pay one-half
(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 governing body of the
municipality is hereby granted the power to enforce any corporate
bond or other security by appropriate legal and equitable remedies.
If 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 governing body of the municipality
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 bought against
the developer, or both, be used solely for the installation of the
improvements covered by such security and not for any other municipal
purpose.
