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:
Establish construction standards and specifications governing the construction of public and private improvements in the Borough.
Control the construction and installation of public and private improvements in the Borough by developers and public utility companies.
Control the acceptance of public improvements.
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.
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:
Supervision and superintendence.
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.
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.
The developer shall be fully responsible for the acts and omissions of the contractors, subcontractors, persons and organizations directly or indirectly in his employ.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Parties agreeing to enter into mediation shall first enter into a written mediation agreement containing at least the following minimum provisions.
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.
Time frame in which the mediation will be conducted and completed.
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.
Identification of all parties and affording them the opportunity to participate.
Subject to legal restraints, determining whether the mediation sessions or parts thereof shall be open to the public.
Identification as to whether the results of such mediation shall be binding upon the parties.
Funding for mediation shall be born equally between the Borough and the developer.
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.
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.