[Ord. 96-273, 9/5/1996]
These regulations shall be known as and referred to as the "Township
of Cranberry Public and Private Improvements Code."
[Ord. 96-273, 9/5/1996]
The general purposes of these regulations are to:
A.
Establish construction standards and specifications governing the
construction of public and private improvements in the Township.
B.
Control the construction and installation of public and private improvements
in the Township by developers and public utility companies.
C.
Control the acceptance of public improvements.
D.
Control the satisfactory completion of private improvements.
[Ord. 96-273, 9/5/1996]
The Township shall be responsible for the administration, enforcement
and interpretation of the Code.
[Ord. 96-273, 9/5/1996]
These regulations shall be applicable to the construction of
all public and private improvements in the Township.
[Ord. 96-273, 9/5/1996]
Public and private improvements constructed by any person or
entity including a developer shall be constructed in accordance with § 17-204
of this chapter.
[Ord. 96-273, 9/5/1996]
All construction of public and private improvements in the Township
by developers shall be conducted in accordance with this chapter.
A.
Notice Prior to Start of Work. In order that the Township may provide
proper inspection and emergency services during construction, the
developer shall file with the Township a notice of commencement in
form set forth in Part 3 not less than two days prior to start of
work and shall also submit the following:
B.
Supervision and Superintendence.
(1)
The developer shall supervise and direct the work and be solely
responsible to see that the work is done in accordance with the construction
standards and specifications.
(2)
The developer shall have available at all times while construction
is continuing a competent superintendent, who may be contacted during
an emergency. The superintendent will be the developer's representative
at the site and shall have authority to act on behalf of the developer.
All communications given to the superintendent shall be as binding
as if given to the developer. If the superintendent is replaced, the
developer shall give written notice thereof to the Township immediately.
(3)
The developer shall be fully responsible for the acts and omissions
of the contractors, subcontractors, persons and organizations directly
or indirectly in his employ.
C.
Site Appearance. The developer shall keep the site free from accumulation
of waste materials, rubbish and other debris resulting from the work.
At the completion of the work, the developer shall remove all waste
materials, rubbish and debris from and about the site as well as all
tools, construction equipment and machinery, and surplus materials
and shall leave the site clean.
D.
Parking. No construction vehicles, vehicles of construction employees,
equipment, materials or supplies shall encroach onto a public street.
In the case where there is a private street or proposed public street,
not yet accepted by the Township, the developer shall maintain an
eighteen-foot unobstructed clear path on such street for emergency
vehicle purposes.
E.
Hours of Construction. The operation of heavy construction or excavation
machinery including, but not limited to, bulldozers, high-lifts, backhoes,
trucks, power shovels, pumps and jack hammers, and the operation of
equipment such as saws and drills or any other type of machinery in
conjunction with the construction of public and private improvements,
which causes noise sufficient to disturb the peace and general tranquility
of the general public shall be prohibited in the entire Township between
the hours of 9:00 p.m. and 7:00 a.m., Monday through Saturday, and
all day Sunday.
F.
Dust Control. The developer shall maintain the site so as to control
the dust. The developer shall employ measures necessary to control
dust. At the Township's direction the Township may require routine
maintenance of the site for dust control should in the opinion of
the Township the developer is not maintaining the site in a reasonable
manner.
G.
Responsibility for Compliance. The developer shall have the sole
responsibility to comply with all Federal, State, and local laws,
and the Township disclaims any duty to enforce any violation of such
laws or inform the developer of noncompliance.
[Ord. 96-273, 9/5/1996]
A Township road occupancy permit is required for the installation
of any utilities within an existing public street in accordance with
the procedures and requirements set forth in this Code.
[Ord. 96-273, 9/5/1996; as amended by Ord. 2005-362, 12/15/2005]
1.
It shall be unlawful for any developer or public utility company
to construct public or private improvements regulated by this chapter,
or cause the same to be done, in conflict with or in violation of
any of the provisions of this chapter.
2.
Notice of Violation. The Township shall serve a notice of violation
or order on the developer or utility company responsible for the violation
of the provisions of this chapter or of the plans approved thereunder.
Such order shall direct the discontinuance of the illegal action or
condition and the abatement of the violation.
3.
Any person who shall violate a provision of this part or who shall
fail to comply with any requirement thereof, upon conviction thereof
in an action brought before a district judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this part continues or each section of this part which
shall be found to have been violated shall constitute a separate offense.
4.
Abatement of Violation. The imposition of the penalties herein prescribed
shall not preclude the Township from instituting appropriate action
to prevent unlawful construction or to restrain, correct or abate
a violation or to stop an illegal act.
[Ord. 96-273, 9/5/1996]
1.
Notice to Stop Work. Upon notice from the Township that work on the
installation of public or private improvements is being prosecuted
contrary to the provisions of this chapter, such work shall be immediately
stopped. The stop work order shall be in writing and shall be given
to the developer, or to the person doing the work. The stop work order
shall state the conditions under which the work may be resumed.
2.
Unlawful Continuance. Any person who shall continue any work in or
about a work site after having been served with a stop work order,
except such work as that person is directed to perform to remove a
violation or unsafe conditions, shall be liable to the violations
and penalties set forth herein.
[Ord. 96-273, 9/5/1996]
The procedure for acceptance of public improvements shall be in accordance with the Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 96-273, 9/5/1996]
This chapter may be amended by action of the Supervisors in accordance with this Code; however the construction standards in Part 4 of this chapter as they pertain to any particular public improvement may be amended by motion of the Supervisors upon recommendation of the Engineer and Township Manager.
[Ord. 96-273, 9/5/1996]
1.
Should there arise any dispute between the developer or the Township
with regard to any provisions of this chapter the developer and Township
may elect to use the provisions of this section to mediate such dispute.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate.
2.
Parties agreeing to enter into mediation shall first enter into a
written mediation agreement containing at least the following minimum
provisions.
A.
Identification of the selected mediator who, at a minimum, shall
have a working knowledge of municipal zoning and subdivision procedures,
and engineering practices. The mediator shall have demonstrated skills
in mediation.
B.
Time frame in which the mediation will be conducted and completed.
C.
Provisions for suspension of time limits if necessary, for applications
subject to the same in regards to subdivision, land development, PRD
or other application or procedures pursuant to the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
D.
Identification of all parties and affording them the opportunity
to participate.
E.
Subject to legal restraints determining whether the mediation sessions
or parts thereof shall be open to the public.
F.
Identification as to whether the results of such mediation shall
be binding upon the parties.
3.
Funding for mediation shall be born equally between the Township
and the developer.
4.
Mediated solutions shall be in writing and signed by the parties,
and become subject to review and approval by the appropriate decision
making body when necessary.
5.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
[Added by Ord. 2006-372,[1] 5/4/2006, § 5]
1.
No subdivision and/or land development shall be finally approved unless the public and private improvements as shown on plans have been improved, constructed or installed as may be required by Chapter 22, Subdivision and Land Development. In lieu of the completion of any improvements required as a condition for the final approval of plans, the developer shall deposit with the municipality a financial security in an amount sufficient to cover the costs of such improvements which may be required in conformance with the requirements of the MPC. The deposit of financial security shall be in a format and amount as determined acceptable by the Township and shall be subject to the following:
A.
The financial security shall guaranty the construction of the improvements
in conformance with the final approval, the Township development agreement
and the Township Code.
B.
In the event the Township requests payment under the financial security,
the lender may, without duty of inquiry to the developer, make the
requested payment to the Township, and the developer releases the
lender from any liability or claim.
C.
If the improvements are not constructed and installed and approved
by the Township, within the time limitations set forth in the final
approval and Township development agreement, the Township may demand
and receive payment of any balance remaining in the pledged funds
and proceed to use the funds received specifically to cause the completion
of the improvements to the extent permitted by the funds so made available.
D.
The expiration date of the financial security provided to the Township
shall in no case expire less than 60 days after the date identified
in the final plans and the Township development agreement with regard
to installation of improvements. Should the developer be unable to
complete the improvements by said date, the Township shall, at its
sole discretion, have the right to seize the financial security or
permit an extension thereto. Should the Township, at its sole discretion,
permit an extension to the time limit specified herein, which shall
require the extension of the expiration of the financial security,
the developer shall obtain an extension to the financial security
to a date not less than 60 days subsequent to the extension date for
the improvements.
[Added by Ord. No. 2022-506, 1/27/2022]
Upon presentation of proper credentials, the municipality or
its designated agent may enter at reasonable times upon any property
within the municipality to inspect the condition of the stormwater
structures and facilities in regard to any aspect regulated by this
chapter.
[Added by Ord. No. 2022-506, 1/27/2022]
Animals shall not defecate solids on any lawn, tree, shrub,
plant, building or any other public property unless the secretion
is immediately and properly disposed of. All animal owners and keepers
are required to immediately collect and properly dispose of their
animals' solid waste deposited on any public property.
