This chapter shall be known as and referred to as the "Borough
of Zelienople Public and Private Improvements Code."
The general purposes of the regulations in this chapter are
to:
A.
Establish construction standards and specifications governing the
construction of public and private improvements in the Borough.
B.
Control the construction and installation of public and private improvements
in the Borough by developers and public utility companies.
C.
Control the acceptance of public improvements.
D.
Control the satisfactory completion of private improvements.
The Borough shall be responsible for the administration, enforcement
and interpretation of the code.
This chapter shall be applicable to the construction of all
public and private improvements in the Borough.
Public and private improvements constructed by any person or entity including a developer shall be constructed in accordance with Article III of this chapter.
All construction of public and private improvements in the Borough
by developers shall be conducted in accordance with this chapter.
A.
Notice prior to start of work. In order that the Borough may provide
proper inspection and emergency services during construction, the
developer shall notify the Borough 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 Borough 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 Borough, 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, highlifts, 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 Borough 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 Borough's direction, the Borough may require routine
maintenance of the site for dust control when, in the opinion of the
Borough, 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 Borough disclaims any duty to enforce any violation of such laws
or inform the developer of noncompliance.
A Borough 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 chapter.
A.
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.
B.
Notice of violation. The Borough 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.
C.
Any person who shall violate a provision of this article or who shall
fail to comply with any requirement thereof, upon conviction thereof
in an action brought before a magisterial 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 article continues or each section of this
article which shall be found to have been violated shall constitute
a separate offense.
D.
Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the Borough from instituting appropriate action
to prevent unlawful construction or to restrain, correct or abate
a violation or to stop an illegal act.
A.
Notice to stop work. Upon notice from the Borough 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.
B.
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.
The procedure for acceptance of public improvements shall be
in accordance with the Subdivision and Land Development Ordinance.[1]
This chapter may be amended by action of the Borough Council in accordance with this chapter; however, the construction standards in Article III of this chapter as they pertain to any particular public improvement may be amended by motion of the Borough Council upon recommendation of the Engineer and Borough Manager.
A.
Should there arise any dispute between the developer or the Borough
with regard to any provisions of this chapter, the developer and Borough
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.
B.
Parties agreeing to enter into mediation shall first enter into a
written mediation agreement containing at least the following minimum
provisions.
(1)
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.
(2)
Time frame in which the mediation will be conducted and completed.
(3)
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.
(4)
Identification of all parties and affording them the opportunity
to participate.
(5)
Subject to legal restraints, determining whether the mediation sessions
or parts thereof shall be open to the public.
(6)
Identification as to whether the results of such mediation shall
be binding upon the parties.
C.
Funding for mediation shall be born equally between the Borough and
the developer.
D.
Mediated solutions shall be in writing and signed by the parties
and become subject to review and approval by the appropriate decisionmaking
body when necessary.
E.
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.