A. Encourage and facilitate safe pedestrian and vehicular circulation.

B. Facilitate the provision and maintenance of community character through the redevelopment of existing sites in a manner commensurate with community standards relating to site amenities and integration with adjacent sites.

C. Provide for the proper arrangement of future developments in a manner contemplating future access and development and impacts on adjacent neighborhoods.

D. Encouraging the preservation of woodlands and hillsides.

E. Encouraging the preservation of existing business districts and residential neighborhoods through complementary site design standards and amenities.

A. No subdivision or land development, nor any sanitary sewer, public water supply, street, or access drive associated therewith, shall be recorded or constructed unless in a manner as approved by those approval processes set forth in this ordinance, unless expressly exempted herein.

B. No transfer of property by deed shall occur unless all deed references are concurrent with plans approved in accordance with the mandates of this ordinance or represent the transfer of lots of record.

A. Where provisions of another Borough ordinance or State or federal statute differ from those provided herein, the stricter shall prevail.

A. All words used in this Subdivision Ordinance shall carry their customary definitions except where specifically defined herein.

B. Words in the singular include the plural, and words in the plural include the singular.

C. The word "persons" includes a corporation and unincorporated association, partnership or individual.

D. The words "shall" and "will" are mandatory unless otherwise indicated. The word "may" is permissive. Words used in the present tense include the future tense.

E. The word "lot" shall include the words "parcel" and "tract."

F. Words in the masculine gender shall include the feminine gender.

G. References to "ordinance" or "this ordinance" shall refer to the Borough of Zelienople Subdivision and Land Development Ordinance.

A. The conversion of an existing single-family dwelling or two-family dwelling into not more than three residential dwelling units, unless such units are intended to be a condominium.

B. The addition of any accessory structure on a lot or lots subordinate to any existing residential principal building.

C. Farm Buildings.

D. Any change of use of an existing structure that results in a maintenance or reduction of existing density, required parking or traffic generation and which does not require a conditional use.

E. The addition of a commercial or non-residential accessory structure less than or equal to 1,000 square feet wherein such structure exceeding 1,000 square feet shall be considered a principal structure by this chapter.

F. Those land developments, which qualify as administrative approvals, shall be subject to the express requirements of such approvals, and accordingly exempted from approval requirements otherwise applicable or imposed by this ordinance.

A. While no subdivision, as defined herein, is expressly exempted from the provisions of this Ordinance, those subdivisions which qualify as administrative approvals are accordingly exempted from approval requirements otherwise applicable or imposed by this ordinance.

A. Application Requirements. The applicant shall submit the following:

B. Application Acceptance, Review, and Procedural Actions.

A. Application Requirements. The applicant shall submit the following:

B. Application Acceptance, Review, and Procedural Actions.

A. Application Requirements. The applicant shall submit the following:

B. Application Acceptance, Review, and Procedural Actions

A. The applications cited within this Part shall be afforded the protections granted by Section 508 of the Municipalities Planning Code and in Section 800 of this ordinance, wherein approval of the above applications constitutes both a preliminary and final approval. Where an applicant fails to record an agreement or plan as required by this ordinance and the effect of final approval is lost accordingly, the effect of preliminary approval, granted on the approval date shall remain.

A. The applicant for any major plan approval may request one advisory meeting with the Planning Commission or Plan Administrator. The applicant shall provide all items required by Part VI of this ordinance.

B. No fees shall be assessed to the applicant for consideration of the sketch plan.

C. Where a meeting with the Planning Commission is requested, and upon submission of all required items, the Plan Administrator shall notify the Planning Commission Chair, who shall make a good faith effort to place the item for consideration on the next available regular Planning Commission Agenda.

D. The submission of an advisory meeting request shall not constitute submission of an application for subdivision or land development. Additionally, written or verbal communication provided by the Plan Administrator or Planning Commission shall be considered advisory in nature and subject to the evaluation of preliminary and final approval reviews. Therefore, no deemed approval shall occur in connection with the review or discussion of an advisory meeting request.

A. All items as specified and required by Part VI of this ordinance.

B. For preliminary plans the Municipal Engineer, Plan Administrator, or Planning Commission may require the submittal of additional items cited in 607 for Final Plans, where said item or items are required to determine conformity with the standards of this and other Borough ordinances.

C. Application Acceptance, Review, and Procedural Actions

A. Completed and signed application forms as provided by the Borough. All owners shall sign the application forms.

B. Agent authorization form, where the applicant’s engineer or surveyor plans to act as the representative of the applicant(s) at public meetings.

C. Proof of Proprietary Interest.

D. Deeds of the property or properties party to the application.

E. Fees and escrow funds as specified and required by this ordinance and municipal resolutions.

F. A list of all encumbrances and, if appearing on record, the book and page numbers.

G. A copy of all restrictions, covenants and limitations, if any, under which lots are to be sold.

H. Copies of applications for all State and Federal permits required.

I. Each sheet of any plan set shall be numbered and shall show its relationship to the total number of sheets. Where there are four or more sheets, a key map on a scale sufficient to show their relationship, shall be furnished on the first sheet of the plan. Where separate sets of construction drawings are provided, a key shall reference the respective page numbers.

J. Plan requirements. An existing conditions survey showing:

K. A record plan or plat shall be required for all subdivisions, and shall, at a minimum, include the following:

L. All plan sheets produced in a legal or 11 by 17 inch size of paper, or in digital form acceptable to the Borough to facilitate reproduction of the plans.

M. Subdivision plans shall be submitted in a digital format, as required by the Borough, in a manner formatted to State Plane, 1983 Datum. Land Development Plans shall be submitted in a digital format as prescribed by the Borough in a manner capable of incorporation into the Borough’s geographical information system in a manner sufficient to include building and parking footprints.

A. Five copies of all plan sheets and three copies of all application forms shall be submitted.

B. The application shall include references, recording information, or permit numbers of associated subdivisions, land development approvals and subsequent occupancy permits granted.

C. Plan sheets submitted shall differentiate, by line type or character shading, existing versus proposed amenities, including but not limited to landscaping, lighting, and parking.

A. Twelve copies of all plan sheets and three copies of all application forms shall be submitted.

B. The application shall include references, recording information, or permit numbers of associated subdivisions, land development approvals and subsequent occupancy permits granted.

C. Plan sheets submitted shall differentiate, by line type or character shading, existing, approved but uninstalled, and proposed amenities, including but not limited to landscaping, lighting, and parking.

A. Fourteen copies of all plan sheets and three copies of all application forms shall be submitted.

B. A reproduction of the soils map for the site, from the Butler County Soils Survey.

C. A reproduction or inset of the site perimeter overlain with the applicable areas of the USGS topography quad map at a minimum scale of one inch equals 520 feet or 1:6,250.

D. Access easements where secondary access or shared driveways are proposed.

A. Applicant shall submit fourteen copies of the following plans noted and three copies of reports.

B. An existing conditions plan pursuant to 602(J) shall be submitted and shall include the following additional elements:

C. A proposed conditions plan or record plat pursuant to 602(K) shall be submitted, and shall include all the elements shown on the existing conditions plan in a lighter shade or line type along with following proposed elements:

D. Preliminary grading and storm water plans, showing sufficient demonstration of the plan’s feasibility in regards to local ordinances and any further information required by the Borough Engineer necessary to demonstrate such.

E. Traffic impact study when required by this ordinance.

F. Subsurface information, namely the depths of underlying mines as denoted on the Pennsylvania DEP Bureau of Mining and Reclamation mapping.

G. In residential subdivisions or land developments, required land area and parcels shown for open space or an alternative written proposal including fee-in-lieu of such land.

H. Geotechnical report when required by this ordinance.

I. Lot sizes.

J. Land Developments shall include the following information:

K. Delineation of all phases showing structures or lots, along with parking, proposed in each phase, along with a timeline for final approval.

A. A proposed timeline of public improvement construction shall be submitted.

B. Proposed covenants as they apply to this and other Borough Ordinances.

C. Estimates of all public improvements or private amenities shall be submitted prior to consideration by Council, giving sufficient time for the Borough Engineer to review the estimates and make a formal recommendation as to the amount of financial security to be posted.

D. A wetlands determination report for all sites which have hydric soils or soils with hydric inclusions and, if applicable, a wetlands delineation report for all jurisdictional wetlands on the site and the design techniques proposed to accommodate them.

E. A detailed grading and erosion and sedimentation plan.

F. A detailed storm water plan.

G. Detailed street, access drive, and parking construction drawings showing typical street cross sections, intersection details, and street profiles. Street profiles shall include complete vertical curve information.

H. The Borough Engineer may request additional information prior to final approval when such information or details are required to demonstrate performance standards commensurate with this and other applicable Borough Ordinances.

I. The type and location of landscaping along with a table demonstrating compliance with this ordinance and the zoning ordinance.

J. Parking along with typical parking spaces, angles, and aisle widths. Arrows should be included to show directional flow of traffic.

K. A detailed or final geotechnical report with recommendations, where applicable.

L. The percent of steep slopes areas altered by proposed construction.

M. Parcels designated as open space required for land dedication, along with proposed ownership shall be shown on the record plat. All proposed recreational facilities shall include construction, architectural, and cost estimates where construction of facilities are proposed in lieu of land or fees.

N. Land Developments shall include estimates of uses sufficient to determine parking along with architectural elevations of structures and proposed square footages.

A. Sketch plans shall include the following information, at a minimum.

B. USGS map of the proposed site overlaid with proposed access points.

C. A general description of uses proposed along with a scaled drawing showing preliminary arrangement of lots or structures.

D. A description of known environmental limitations including slide prone soils, steep slopes, wetlands, floodplains, and undermining.

E. Applications forms as required by the Borough.

A. The Borough may assess an application filing fee sufficient to cover administrative costs including clerical labor, advertising, storage, hardcopy and digital communication, and other similar costs necessitated by any certain class of application, commensurate with its scale. Such fees shall be established by resolution or ordinance of Council.

B. An application review escrow deposit, in an amount that may be established by resolution of Council shall be payable at the time of submission of the application to guarantee payment of the estimated application review fees required by this Part. The actual amount of the review fees in excess of the escrow deposit shall be payable within 45 days of billing by the Borough as an interim itemized bill. Any monies remaining in the escrow account after all review fees have been paid shall be returned to the applicant.

C. Application review fees shall include reasonable and necessary charges by the Borough’s professional consultants, Borough Engineer or by the Borough Solicitor, to the extent permitted by law, for review and report on the application to the Borough. Such review fees shall be based upon a schedule established from time to time by resolution or ordinance of Council. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Borough Engineer or other professional consultants for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the Borough Engineer or other professional consultants to the Borough when fees are not reimbursed or otherwise imposed on applicants.

D. The Borough shall submit a final itemized bill or account statement no later than fifteen days following the denial, approval, or approval with conditions of a related plan. Any statement submitted beyond that date shall be considered a supplemental invoice.

E. In the event the applicant disputes the amount of any such review fees, the applicant shall, within 45 days of the billing date, notify the Plan Administrator in writing that such fees are disputed, in which case the Borough shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees. Otherwise, no plan shall be released for recording, related developer’s agreement executed, or permits for any type of construction issued until payment of the bill occurs.

F. In the event that the Borough and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Borough shall follow the procedure for resolution of disputes as set forth below in Section 702 of this chapter, provided that the professionals resolving such dispute shall be of the same profession or discipline as the consultants whose fees are being disputed.

A. The Borough shall require the reimbursement of expenses incurred in connection with the inspection of public and private improvements, where the inspections represent that necessary to ensure and verify the proper construction of said improvements in connection with Borough standards.

B. Council shall submit to the applicant an itemized bill showing the work performed in connection with the inspection of improvements performed, identifying the person performing the services and the time and date spent for each task. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, no later than 30 days after the date of transmittal of a bill for inspection services, notify the Borough and the Borough Engineer that such inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of their objections to the fees charged, in which case the Borough shall not delay or disapprove a request for release of financial security, a subdivision or land development application or any approval or permit related to development due to the applicant's dispute of inspection expenses. Failure of the applicant to dispute a bill within 30 days shall be a waiver of the applicant’s right to arbitration of that bill under this section.

C. Subsequent to the final release of financial security for completion of improvements for a subdivision or land development, or any phase thereof, the Borough Engineer shall submit to Council a bill for inspection services, specifically designated as a final bill. The final bill shall include inspection fees incurred through the release of financial security.

D. If, the Borough Engineer and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant shall have the right, within 45 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another Borough Engineer to serve as an arbitrator. The applicant and Borough Engineer whose fees are being challenged shall by mutual agreement, appoint another engineer to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the Borough Engineer whose fees are being challenged.

E. The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and shall render a decision no later than 50 days after the date of appointment. Based on the decision of the arbitrator, the applicant or the Borough Engineer whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days. In the event the Borough has paid the Borough Engineer an amount in excess of the amount determined to be reasonable and necessary, the Borough Engineer shall within 60 days reimburse the excess payment.

F. In the event that the Borough’s Borough Engineer and applicant cannot agree upon the arbitrator to be appointed within 20 days of the request for appointment of an arbitrator, 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 arbitrator, who, in that case, shall be neither the Borough’s Borough Engineer nor any Borough Engineer who has been retained by, or performed services for, the Borough or the applicant within the preceding five years.

G. The fee of the arbitrator shall be paid by the applicant if the review fee charged is sustained by the arbitrator, otherwise it shall be divided equally between the parties. If the disputed fees are found to be excessive by more than $5,000, the arbitrator shall have the discretion to assess the arbitration fee in whole or in part against either the applicant or the Borough Engineer. Council and the consultant whose fees are the subject of the dispute shall be parties to the proceeding.

A. Five-year rule. When an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing chapters or plans as they stood at the time when the application for such approval was duly filed.

B. Substantial completion rule. Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five-year limit, or any extension thereof as may be granted by the governing body, no change of municipal ordinances or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.

C. Schedule of work. In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant or before the anniversary of the preliminary plat approval until final plat approval of the final section has been granted, and any modification in the aforesaid schedule shall be subject to approval of Council, in its discretion.

D. Failure to adhere to schedule. Failure of the landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinances enacted by the Borough subsequent to the date of the initial preliminary plan submission.

A. Where a plan is given an approval with conditions, the applicant shall provide a written acceptance of said conditions within 30 days of the date on which the Borough provided required notice of approval to the applicant. Failure of the applicant to provide such acceptance within the aforesaid timeline shall result in an automatic rescinding of the plan approval.

A. All recording information relating to the subject site.

B. Inclusion of approved land development plans as an attachment, where applicable.

C. All conditions applied by Council.

D. Timeline of development related and reference to the financial security posted, as remedy to the developer’s failure to adhere to said timeline and improvements.

E. Assignment of the agreement’s obligations to the developer’s heirs and assigns.

F. Seal by a notary public, the Borough, and the developer’s corporation, where one exists.

G. Reference to the certificate of completion required by this ordinance.

H. Requirement that covenants shall be recorded prior to the issuance of building permits on the site.

I. Where a record plat is not associated with the plan, a copy of the proposed conditions plan shall be attached to the developer’s agreement.

J. The agreement shall be produced in a format record-able at the Butler County Recorder of Deeds.

A. No plat or developer’s agreement shall be signed or released, nor shall any permit be issued for related subdivisions or land developments unless all public and private improvements are installed or until financial security is provided as follows.

B. The developer may post a performance bond with a Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending or other forms of financial security acceptable to the Borough. Such other forms shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth.

C. The performance bond shall guarantee construction prior to a date also specified in the developer’s agreement and through the plan approval. The bond shall renew or guarantee the availability of funds to the Borough at least until 30 days beyond said date.

D. 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 that 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%. The developer shall post any additional security in accordance with this section.

E. 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 Borough, upon the recommendation of the municipal 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.

F. 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.

G. In the case where development is projected over a period of years, the Borough may authorize submission of final plats by section or stages of development subject to such requirements or guarantees 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.

H. As the work of installing the required improvements proceeds, the party posting the financial security may request the Borough 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 Borough, and the Borough shall have 45 days from receipt of such request within which to allow the municipal engineer to certify, in writing, to the Borough that such portion of the work upon the improvements has been competed in accordance with the approved plat. Upon such certification the Borough 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 Borough fails to act within said 45-day period, the Borough shall be deemed to have approved the release of funds as requested. The Borough 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.

A. The developer shall submit two recordable mylars to the Borough for the application of all signatures and seals required, in a form as approved by Council at final plan approval.

B. Upon the completion of conditions specified in the approval, posting of required bonding or construction of improvements, and execution of the developer’s agreement, the Borough may affix all signatures to a plat. In the case where a recordable plat is signed, the Borough shall require the deposit of an escrow to be released upon the delivery of a recorded mylar to the Borough. The escrow shall be determined by resolution or ordinance and shall be sufficient to cover the costs of obtaining a mylar copy of the recorded document.

C. Upon the approval of a final plat, the developer shall within 90 days of such final approval or 90 days after the date of delivery of an approved plat signed by Council, following completion of conditions imposed for such approval, whichever is later, the developer shall record the plan at the Butler County Recorder of Deeds. Failure to do so shall rescind approval. The Plan Administrator shall, upon request of the applicant and filing of any application fee required by the Borough via resolution or ordinance, reinstate the signatures and final approval dates if said request is made within an additional 90 days following the aforesaid deadline.

D.

A. When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Borough, 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 shall, within ten days after receipt of such notice, direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall, thereupon, file a report, in writing, with the Borough, 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 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 rejection.

B. Council, based upon the Borough Engineer’s report, shall take action to approve or reject, in whole in or in part, the aforesaid improvements and shall notify the developer, within 15 days of receipt of the engineer’s report, in writing by certified or registered mail of Council’s action with relation thereto.

C. Failure of Council to act within the aforementioned timeline shall constitute a deemed approval of the improvements.

D. The Borough shall require the posting of a maintenance bond for all public improvements, including recreational equipment, to be dedicated to the Borough. The bond shall equal 15% of the accepted cost of construction accepted by the Borough Engineer and Developer and approved by Council at final approval and shall be posted for a period of 18 months from the date of acceptance of said improvements. The bond or bonds shall be posted prior to the acceptance of any related public improvements.

A. Where private improvements, excepting streets and related storm water facilities, are approved, including but not limited to landscaping, private recreational facilities, the developer may separately post an amenities bond for the private improvements in the same manner and under the same criteria, requirements, and dispute resolution options afforded public improvements, outlined in Section 804.

B. Release of Amenities Bonds. The developer shall follow all procedures outlined in Section 803.

C. Council, through the adoption of this ordinance, authorizes the Borough Engineer to finally approve the release of said bonds. The Engineer shall provide a report in accordance with the timelines outlined in Section 804 except that where the report does not contain a final decision, said decision shall be mailed to the developer via certified or registered mail within 15 days of the mailing of said report.

A. Nothing in this Part, however, shall be construed to limit the developer's right to contest or question, by legal proceedings or otherwise, any determination Council or the Borough Engineer.

A. All land developments shall require a certificate of completion prior to the issuance of occupancy permits for establishment or dwelling units therein.

B. The developer shall submit a formal request, in writing, to the Borough Manager.

C. The Manager shall direct the Plan Administrator and Borough Engineer to review the completeness of all improvements related thereto and the fulfillment of any outstanding conditions imposed through Council’s conditional approval.

D. Final acceptance of public improvements and private amenities shall occur prior to the issuance of a certificate of completion.

E. The Manager, based upon the reports of the Plan Administrator and Borough Engineer, shall issue or deny the issuance of the Certificate of Completion within 20 days of the submitted request.

A. Upon completion of the public and/or private improvements in a plan, as-built plans and profiles of the public and/or private improvements, as constructed, shall be filed with the Plan Administrator by the developer within ten (10) days of the mailing of a the formal remittance accepting the construction of public or private improvements. A sepia and print of each as-built drawing for public improvements shall be submitted. As-built plans and profiles shall be marked "as-built" and shall contain the final grade of all sanitary and storm sewers and appurtenances.

B. Additionally, as-built plans shall be submitted in a digital format, as required by the Borough, in a manner formatted to State Plane, 1983 Datum.

C. As-built drawings shall be submitted prior to the issuance of a Certificate of Completion or Council’s acceptance, by ordinance, of public streets or recreational facilities.

A. Twenty-five-percent requirement. Each section in any residential subdivision or land development, except for the last phase, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan. Provided that the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with the landowner's aforesaid schedule of submission of final plats for the various sections, then the protections afforded by substantially completing the improvements depicted upon the final plat within five years of the preliminary plat approval or the aforesaid schedule shall apply. For any section or sections beyond the initial section in which the required improvements have not been substantially completed within said five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.

A. Lots shall be designed in a manner that accommodates driveway access from a street commensurate with the requirements of this ordinance without excessive grading accomplished by a driveway not exceeding ten percent (10%) of elevation with reasonable transition areas thereto from the street to the proposed building or structure.

B. Lots shall be designed in a manner which permits a reasonable building area, determined by the setbacks and related zoning requirements of the district in which the lot lies, outside of existing steep slopes.

C. No block shall be longer than 2,000 feet or less than 500 feet, except in unusual circumstances or where comparable levels of safety are assured. Where a loop street exists, the street or block length shall bear a minimum of 500 feet and a maximum of 4,000 feet, where the 2,000 foot maximum is measured from each intersection.

D. Where a subdivision adjoins a major highway the greater dimension of the block shall front along such major highway to minimize the number of ingress or egress.

E. Lots shall be so designed that access to said lots is made to the furthest extent possible, in consideration of street construction and design standards, through the natural or existing grades and topography.

F. Where not prohibited by this or any other laws or ordinances, land located in any designated flood plain district may be platted for development with the provision that the developer construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.

G. Proposed lots shall bear a reasonable building area in consideration of disturbance limits placed upon areas of steep slopes, wetlands, floodplains, and watercourses.

H. No structure, street, access drive, or parking facility shall be constructed in a manner which disturbs areas of steep slopes, wetlands, floodplains, and watercourses, other than in a manner expressly permitted by this ordinance or the zoning ordinance.

I. Through lots, namely in residential areas, shall be discouraged.

J. Flag Lots. Flag lots are permitted under the following circumstances:

K. Access. Where a proposed residential subdivision bears more than fourteen residential principal structures or where a cul-de-sac extends greater than 2,500 feet, Council may require the following based upon considerations of topography limitations and sight distance:

A. The arrangement of streets shall be in compliance with the Borough’s Official Map, where said Map exists.

B. In general all streets shall be continuous and in alignment with existing streets and shall compose a convenient system to insure circulation of vehicular and pedestrian traffic, with exception that local residential streets shall be laid out to include the use of loop and cul-de-sac streets, and other traffic calming devices in order to that extent to which their configuration may encourage through traffic in a manner that would classify the street as a residential collector.

C. All streets shall be graded to the full right-of-way width thereof to grades established by the plan. All fills shall be thoroughly compacted by approved methods to the satisfaction of the Borough Engineer and completely settled before any paving is placed thereon.

D. Where in the judgment of the Borough Engineer, pipe and/or stone underdrains are required, the developer shall construct such underdrains under the direction of the Borough Engineer.

E. Streets and access drives shall have a grade not to exceed seven percent (7%) for a distance within twenty-five feet (25') of the right-of-way line of any intersecting street.

F. Intersections of more than two (2) streets shall be avoided. Where this proves impossible, such intersection shall be designed with care for safety, and suitable curbs, barriers, signs and other devices in accordance with Penn Dot standards, may be required.

G. Streets entering opposite sides of another street shall be laid out either directly opposite one another or else shall have a minimum offset of one hundred fifty feet (150') between the centerlines of said opposite streets.

H. Where a proposed development abuts or encompasses an existing or proposed collector or arterial street, marginal access streets, reverse frontage lots with bufferyards, or deep lots with rear service alleys may be required in order to protect properties and provide separation of through and local traffic.

I. Access Management Street Standards. All Land developments and subdivisions bearing frontage on Beaver Road and Main Street/Route 19 where each respectively extends in a southwesterly and southerly direction from the intersection with Culvert Street shall be limited to one access point per parcel where the following shall apply.

J. Council may require similar easements and access limitations as cited in 902 I(2) on other streets within the Borough based upon findings of required traffic studies, known safety issues and accident histories, the Official Map, and the reasonable ability to utilize existing marginal access streets.

K. Private Street Maintenance. Where private streets are proposed, maintenance shall be demonstrated through homeowner’s or condominium association declaration documents or covenants in a form acceptable to the Borough Solicitor as a means of providing maintenance of the streets as proposed and approved, including winter maintenance. Where no such association is proposed, namely in minor plans, a note shall be affixed to the final plat giving notice to all owners of lots within the plan that each shall share equitably in the aforesaid maintenance. Association documents, as required, shall be recorded with the final plat.

L. Where the grade of the street is above or below the grade of the adjacent land, walls or slopes shall be constructed in a manner satisfactory to Council and shall be sufficient to support the street or adjacent lands, as may be the case. Such walls or slopes shall be outside the required right-of-way, except that slopes may extend not more than five feet (5') in the right-of-way, with the prior written approval of Council, so long as the toe of such slopes is not within five feet of the cartway.

M. Guilderails shall be required by the Borough Engineer where Penn Dot standards require the installation of guiderails or where other compelling safety factors exist.

N. Street shoulders and all filled areas within street right- of-way shall be constructed with stone backfill from roadway or structure excavation supplemented by additional stone backfill, if directed from borrowed excavation; the entire fill area shall be uniformly and thoroughly compacted to the satisfaction of the Borough Engineer and shall be performed in accordance with the Pennsylvania Department of Transportation Specifications form 408. Embankments at the sides of streets and cross sections of drainage ditches, shall not exceed a maximum slope of one foot (1') vertically to two feet (2') horizontally in a cut section and one foot (1') vertically to two feet (2') horizontally in a fill section; shoulders shall slope upward from the back of the curb a distance of seven feet (7') at approximately one and one-half inches (1.5") per foot but not exceeding twelve inches (12"). On low side lots one inch (1") per foot for seven feet (7') shall slope downwards from the back of the curbs.

O. All streets, alleys, and access drives shall be constructed on a prepared sub grade conforming to Section 210 of the publication of the Commonwealth of Pennsylvania, Department of Transportation, form 408 Specifications (latest edition).

P. Before any paving, placing of base material or finish grading of subgrade is performed in a new plan of lots, all underground utilities within the right-of-way should be in place and properly backfilled. "Utilities" includes water and gas lines and house connections laid in trenches under the pavement; manholes, storm sewers, catch basins; subgrade drains; and any other utility line laid in a trench or located under the pavement. "Utilities" does not include those lines which are jacked or drilled under the pavement. "Utilities" does not include those water and gas house connections and those sewer laterals and house connections which do not cross under the pavement.

Q. Generally, all private streets shall be held to the same standards as public streets.

R. Deceleration, turning or merging lanes maybe required by the Borough along existing and proposed collector or arterial roads.

S. A temporary turnaround shall be provided at the end of dead-end streets which are intended to be extended as through streets in the future. If the length of a dead-end street exceeds the depth of one lot, the temporary turnaround shall be constructed with an all-weather surface, a minimum cartway radius of 40 feet, and its use shall be guaranteed to the public.

A. 25’ for local and collector street intersections with collector streets, other local streets, and alleys.

B. Up to 50’ for arterials streets and streets intersecting arterial streets, depending upon projected trips and overall proposed functionality as evaluated by the Borough Engineer.

A. Minimum values for "L" are as follows:

B. Arterial roads: L = 500 feet.

C. Collector streets: L = 300 feet.

D. Minor collector streets: L = 200 feet.

E. Local streets and Access Drives: L = 200 feet.

F. No plantings or structures exceeding 30 inches in height shall be permitted in the clear sight triangle. A public right-of-entry shall be reserved for the purpose of removing any object that obstructs the clear sight triangle and so dedicated by separate instrument or on the recorded plat.

A. Design speeds shall be as follows:

B. Arterial roads: 50 MPH.

C. Collector streets: 35 MPH.

D. Minor collector streets: 25 MPH.

E. Local streets: 25 MPH.

A. The entire width of the right-of-way of each street in a proposed subdivision shall be graded, except where areas of steep slope or landslide prone soils are unavoidably present within the right-of-way.

B. Minimum permitted street grade for all streets shall be 1%.

C. Maximum street grades, other than due allowance for vertical curves, shall be as follows:

D. Street grades shall be measured along the center line of the street.

E. Center line grade on the head of a cul-de-sac or hammerhead shall not exceed 5%.

A. Minimum safe stopping sight distances on all vertical and horizontal curves shall as follows:

B. Minimum center line radii for horizontal curves shall be as follows:

C. For other than local streets, a minimum tangent of 100 feet between reverse curves shall be provided. For local streets a lesser tangent may be acceptable, provided safe stopping distances are maintained as per Subsection 907. Broken-back curves shall be avoided; however, when they must be used, a minimum tangent of 150 feet shall be provided.

D. Vertical curves shall be provided for all changes in grade exceeding 1%. For each 1% of algebraic difference between tangent grades over 3%, at least 15 feet of vertical curve length shall be provided. Minimum vertical curve lengths shall be as follows:

E. Intersections.

F. Distance between intersections shall be as follows:

A. 50 feet of right-of-way is required for all streets.

B. Council may require additional right of way where necessary for the installation of utilities and lanes required by this ordinance and Penn Dot standards.

A. Alleys shall have a minimum right-of-way of 20 feet and a minimum cartway of 16 feet.

B. Where necessary, a radius shall be provided at the alley intersection, sufficient to accommodate any large vehicles that may be expected to use the alley.

A. The following standards shall supercede or withstand those standards otherwise applied within this ordinance.

B. Cul-de-sacs shall have a right-of-way width of no less than fifty feet (50') and shall have provision at the dead-end for a turn-around. The turn-around shall be either a circle with a diameter of at least eighty feet (80') or a tee, the arms of which shall extend at least sixty feet (60') on each side beyond the normal right-of- way width. No street grade shall be steeper than ten percent (10%).

C. Cul-de-sacs may end in a turnaround which has a paved cartway not less than 20 feet in width, surrounding a landscaped island with a minimum radius of 24 feet or a cul-de-sac head with a radius of 40 feet and a cartway width of 14 feet surrounding a landscaped island shall be acceptable for one-way circulation.

D. Hammerhead turnarounds may be used, if the cul-de-sac street does not provide access for more than eight dwelling units. The long dimension of the turnaround head shall be not less than 50 feet.

A. Access drives for non-residential land developments shall be at least 20 feet in width when serving parking areas of up to 30 spaces and 22 feet when serving more than 30 parking spaces.

B. Access drives serving residential land developments shall be at least 20 feet in width.

C. No driveway or access drive shall enter a public street closer to an existing intersection than 50 feet, and a reasonable safe sight distance shall be provided.

D. The maximum permitted grade on residential driveways shall be 14%.

E. A leveling area for all driveways and access drives shall be provided for a minimum distance of 12 feet, measured from the edge of the pavement of the intersecting street, at a maximum grade of 5%.

F. Shared driveways for up to four single family homes shall be permitted and may have a maximum grade of 14%, provided that safe sight stopping distances are provided the length of the driveway. Pavement width may vary, but shall be appropriate to the length, width and gradient of the proposed driveway. The Borough Engineer may require shoulders or guide rail, if deemed necessary for safety. Said driveways shall be discouraged in preliminary or final subdivisions of greater than four lots, including those party to a site approved as a major plan within five years of said approval.

A. Council may approve marginal access streets subject to the standards of access drives specified in Section 911.

B. Council may require the dedication of right-of-way up to 50 feet, at a minimum sufficient to accommodate utilities and storm water facilities associated, where future access and trip levels warrant said development.

C. In such a case, the street shall otherwise meet those street standards, typically local or collector, as defined by ADT.

D. Marginal Access Streets shall meet the grading standards of 906 regarding grading and 902(N) regarding sub-base.

A. An adequate supply of potable water shall be provided for every building to be used for human occupancy or habitation in a subdivision or land development.

B. The applicant shall provide a complete on-site system with connections to such public water system in conformance with the standards and requirements of DEP and Zelienople Borough.

C. Where an existing public water system is not accessible to the proposed development, water may be supplied by a new public water system, subject to the approval of DEP.

D. In the case of Subsection B or C, the applicant shall present evidence to the Borough that the subdivision or development is to be supplied with water by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, Borough 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, whichever is appropriate, shall be acceptable evidence.

E. Where public water supply systems are inaccessible and cannot be extended to the proposed development site, the applicant may provide potable water through individual water supplies.

F. The use of private water systems shall not be permitted in any subdivision or land development with more than 5 lots, unless the applicant provides hydrogeologic data, acceptable to the Borough Engineer assuring that adequate quantity and quality of water are available.

G. Private water systems and individual water supplies may be permitted to be located off-site, provided that a permanent easement is recorded on the final plan, a legal agreement that sets forth dearly all of the rights and responsibilities of all affected parties is executed, and all other applicable provisions of this section are met.

G. Subdivisions and land developments to be served by public water systems shall be provided with fire hydrants that meet all reasonable specifications of the Borough and Fire Company that will serve the development, including the spacing of hydrants such that all structures proposed lie within 1,000 lineal feet of a hydrant. Hydrants shall be delineated on the construction drawings submitted.

H. The Borough may require easements where an access for water supply to adjacent properties is deemed to be feasible or necessary at some future date, based upon plans, topography and elevations, and development patterns.

A. Sanitary sewage facilities required. All subdivisions and land developments, unless excepted in Subsection below, shall be provided with sanitary sewage facilities which are in accordance with the Zelienople Act 537 Plan and Western Butler County Authority and which have been approved by the Borough and the Pennsylvania Department of Environmental Protection. (1) No plat shall be finally approved or recorded until the plans and specifications for sanitary sewage facilities have been approved and permits issued, as required by the DEP. (a) Conditional final approval may be granted; however, provided that the complete Sewage Facilities Planning Module, as required for the proposed development, has been approved by the Borough and transmitted by the Borough to the Pennsylvania Department of Environmental Protection, together with a resolution adopting the revision to its sewage facilities plan, if required.

B. All sanitary sewers and related facilities shall be constructed in accordance with requirements of DEP and Western Butler County Authority.

C. If the subdivision can reasonably be served by the extension of an existing public sanitary sewer, as determined by the Borough Engineer and the Western Butler County Authority, the developer shall be required to provide a system of sanitary sewer mains and shall provide lateral connections for each lot.

D. Private sanitary sewer systems may be permitted to be located off-site, provided that a permanent easement is recorded on the final plan, a legal agreement that sets forth clearly all of the rights and responsibilities of all affected parties is executed, and all other applicable provisions of this section are met.

E. Exceptions.

F. The Borough may require easements, commensurate with Authority standards, where accessible sewers are deemed to be feasible at some future date either to the site or to an adjacent property, based upon plans, topography and elevations, and development patterns.

A. General requirement. Subdivisions and land developments shall be served by gas, electric, cable television, and telephone service distribution systems, where these systems are accessible to the development.

B. Easements. Easements for public and private utilities shall comply with the requirements of the utility providers and with the following standards:

C. Underground wiring.

D. Utility apparatus placed above ground, other than utility poles, shall be screened with plant materials.

A. Street Tree Requirements.

B. Parking Lot Landscaping

C. General Site Planting Requirements.

D. Prior to final approval, the developer of a major subdivision shall provide covenants in favor of the Borough whereby the maintenance or replacement of required tree plantings is guaranteed.

A. Lighting proposed shall be in accordance with the nuisance standards, heights, and locations required by the Zoning Ordinance.

B. Non-Residential land developments shall adhere to the following standards:

C. Multi-Family Developments shall provide lighting in parking lots or pedestrian ways, access drives to parking lots at an average of one foot-candle where no light emits more than two foot-candles on the ground at any point.

A. Sidewalks, if not existing, shall be required for all land developments and major subdivisions in accordance with Chapter _____ of the Zelienople Borough Code.

B. Where adjoining sidewalks are in need of major repairs, as determined by the Borough Engineer, Council may require the replacement of any such sidewalks adjoining a site.

C. Council may require the placement of sidewalks in such a manner as to connect directly to existing sidewalks adjoining the site.

A. Ensure development that minimizes storm water impacts.

B. Ensure the preservation of wooded hillsides thereby furthering the respective objectives of this section.

C. Minimize short and long term soil erosion within land development and subdivision sites.

D. Minimize the impact on streams, wetlands, and steep slopes.

E. Ensure the safety and integrity of structures constructed within the sites of land developments and subdivisions through proper construction in consideration of mine overburden and construction on slide prone soils.

A. The following standards shall apply to all grading and disturbance of land with slopes of 25% or greater.

B. Slopes between 25% and 40%. No more than 30% of slope areas with existing grades between 25% and 40% shall be stripped of vegetation or disturbed through grading. Grading and clearing for roads on these slopes shall be limited to that necessary to accommodate the cartway and shoulders or berms. Wherever possible, roads should follow the contours of the land.

C. Slopes exceeding 40%. No development or disturbance shall be allowed on slopes exceeding 40%. Limited disturbance for utilities may be allowed where no reasonable alternative location exists.

D. Where construction is proposed in accordance with this section, within or disturbing steep slopes, the applicant shall include a geotechnical report, acceptable to the Borough Engineer. The report shall demonstrate a safety factor of 1.5 of greater and shall outline a re vegetation plan ensuring immediate and long term stability.

A. No land development involving construction of buildings and no subdivision of land intended to create lots for building construction shall be approved on a site which has been undermined at shallow depths or in an area where there is evidence of past subsidence unless the applicant demonstrates that the proposed subdivision or land development will be safe and will not create hazards for adjacent properties. Evidence of safety shall be one of the following.

B. Council may require the installation of certain construction measures accepted by the Borough Engineer as per recommendations of the risk assessment required, as a condition of building permit(s) on the site. Council may further require the inclusion of such standards in the plan covenants, as a note on the plat, or through a developer’s agreement applicable to the developer’s heirs and assigns.

A. Disturbance of landslide prone areas of construction thereon shall be severely limited.

B. Disturbance of unstable areas may be permitted, where alternative site designs have been exhausted, and where the developer demonstrates to the satisfaction of the Borough Engineer through a geotechnical report that the proposed disturbance will not cause sliding or movement or any unsafe condition either on the development site or on any property adjacent to it.

C. Evidence of the safety of any proposed disturbance shall require site investigation and certification in writing by a registered soils engineer, engineering geologist or professional engineer with experience in soils engineering that the proposed activity will not create or exacerbate unsafe conditions.

A. Setback or open space easement required. No grading, cutting, filling, removal or vegetation, or other disturbance of land shall be permitted within the required setback.

B. The minimum setback for watercourses shall be 20 feet, measured from the top of the channel bank.

C. The setback for wetlands shall be 50 feet for wetlands one acre or greater and 25 feet for wetlands less than one acre or at a variable setback depth, based on a wetland management plan prepared by a certified professional wetlands biologist. In no case, however, shall the setback be less than 10 feet from the delineated edge of a wetland less than acre in extent; or 20 feet from the delineated edge of a wetland one acre or more in extent.

D. Minor earth disturbance and construction within the area of the required setback or easement, required for development in other areas of the site, may be allowed in accordance with all regulations of the Department of Environmental Protection and Borough floodplain regulations, where applicable.

E. Construction may also be allowed within the required setback area of rivers to enable the development of uses that require proximity or access to the river, in accordance with applicable Federal, DEP and municipal regulations.

F. This section shall not withstand the ability of a developer to utilize wetland mitigation measures offered by the DEP. Approval of all applicable permits associated bonding, and other commitments guaranteeing the completion shall then become a condition of approval to be provided prior to plan recording.

A. The Borough shall refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this ordinance. Aforesaid development shall include any improvement of a property substantially inconsistent with an approved land development or subdivision, any conditions related thereto as accepted by the applicant, or the construction of a land development in violation of this ordinance. The authority to deny such a permit or approval shall apply to any of the following applicants:

A. Any person, partnership or corporation who or which has violated the provisions of this ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the municipality as a result thereof.

B. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.