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BOROUGH OF ECONOMY ~~

ORDINANCE NO. 434

AN ORDINANCE OF THE BOROUGH OF ECONOMY, BEAVER COUNTY,PENNSYLVANIA, AMENDING CHAPTER 163 OF THE BOROUGH CODE ENTITLED"SUBDIVISION AND LAND DEVELOPMENT" TO: (1) DELETE THE DEFINITIONSFOR MASTER PLAN, STREET CLASSIFICATIONS AND VARIANCE; (2) REVISETHE DEFINITIONS FOR DWELLING UNIT, ENGINEER, LOT (CORNER), MINORSUBDIVISION, MOBILE HOME, MOBILE HOME LOT, MOBILE HOME PARK, YARD(FRONT), YARD (REAR) AND YARD (SIDE); (3) ADD THE FOLLOWING NEWDEFINITIONS: ACCESSORY USE OR STRUCTURE, APPLICANT, APPLICATIONFOR DEVELOPMENT, BOROUGH COUNCIL, BOROUGH SECRETARY, CLEARSIGHT TRIANGLE, COMPREHENSIVE PLAN, CONDOMINIUM, CONSOLIDATION,CONSTRUCTION STANDARDS, COUNTY, COUNTY PLANNING COMMISSION,DRIVEWAY (COMMON PRIVATE), DRIVEWAY (INDIVIDUAL PRIVATE), DWELLING(MULTIFAMILY), DWELLING (SINGLE FAMILY), DWELLING (TWO FAMILY),FAMILY, FEE, FINAL APPLICATION, FINAL PLAT, FRONT BUILDING LINE,IMPROVEMENTS (PRIVATE), IMPROVEMENTS (PUBLIC), INSPECTOR, INTERIORLOT, LAND DEVELOPMENT, LAND DEVELOPMENT PLAN, LANDSLIDE-PRONEAREA, LOT AREA, LOT OF RECORD, MAINTENANCE BOND, MEDIATION,MODIFICATION, PARCEL, PEDESTRIAN WALKWAY, PERFORMANCEGUARANTY, PLAT, PROFESSIONAL CONSULTANTS, PUBLIC HEARING, PUBLICMEETING, PUBLIC NOTICE, REPLATTING, SIGHT DISTANCE, SLOPE, STREET(ARTERIAL), STREET (COLLECTOR), STREET (LOCAL), STREET (PRIVATE),SUBDIVISION (MAJOR), SURVEYOR, TRAFFIC CIRCULATION MITIGATIONACTION PLAN, TRAFFIC STUDY, WATERCOURSE AND ZONING ORDINANCE; (4)REVISE PRE-APPLICATION CONFERENCE PROCEDURE; (5) REVISEREQUIREMENTS FOR PRELIMINARY PLAN; (6) REVISE PRIVATE STREETSTANDARDS; (7) REVISE STATEMENT OF SETBACK REQUIREMENTS; (8)REVISE NON-RESIDENTIAL DEVELOPMENT BUFFER REQUIREMENTS; (9) ADDCLEAR SIGHT TRIANGLE REQUIREMENTS; (10) DELEGATE AUTHORITY TOAPPROVE CONSOLIDATION, RESUBDIVISION OR REPLATTING TO THEPLANNING COMMISSION; (11) REVISE SIDEWALK REQUIREMENTS; (12) REVISESTREET SIGN REQUIREMENTS; (13) INCORPORATE REFERENCE TO BOROUGHSTORMWATER MANAGEMENT REGULATIONS; (14) ADD REQUIREMENTSREGARDING POSTING AND RELEASE OF PERFORMANCE GUARANTY; (15)REVISE RECORDING REQUIREMENTS; (16) AUTHORIZE MODIFICATIONS FOREQUAL OR BETTER SPECIFICATIONS; (17) REVISE THE PROCEDURE FORAMENDMENTS; AND (18) ADD AN ILLUSTRATION OF CLEAR SIGHT TRIANGLE.

NOW THEREFORE, BE IT ORDAINED AND ENACTED by the Borough Council ofthe Borough of Economy and it is hereby ordained and enacted by and with theauthority of the same as follows:

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SECTION 1.

SECTION 2.

SECTION 3.

SECTION 4.

SECTION 5.

SECTION 6.

SECTION 7.

In Article III, §163-7, the definition of MASTER PLAN is herebydeleted.

In Article III, §163-7, the definition of STREET CLASSIFICATIONS,including Subparagraphs A through E, is hereby deleted.

In Article III, §163-7, the definition of VARIANCE is hereby deleted.

In Article III, §163-7, the definition of LOT, CORNER is herebydeleted and the following new definitions are substituted thereforand inserted in alphabetical order:

CORNER LOT: See LOT, CORNER

LOT, CORNER: A lot at the intersection of, and fronting on, two(2) or more street rights-of-way.

In Article III, §163-7, the definition of UNIT, DWELLING is herebydeleted and the following new definition is substituted therefor andinserted in alphabetical order:

DWELLING UNIT: One (1) or more rooms that are used as livingquarters for one (1) family and that have permanent facilities forsleeping, cooking and eating, as well as sanitary facilities.

In Article III, §163-7, the definition of ENGINEER is hereby deletedand the following new definition is substituted therefor and insertedin alphabetical order:

BOROUGH ENGINEER: A professional engineer licensed as suchin the Commonwealth of Pennsylvania, duly appointed by BoroughCouncil to serve as the engineer for the Borough.

In Article III, §163-7, the definition of MINOR SUBDIVISION ishereby deleted and the following new definition is substitutedtherefor and inserted in alphabetical order:

MINOR SUBDIVISION: See SUBDIVISION, MINOR

SUBDIVISION, MINOR: A subdivision, consolidation or replatting,as defined herein, that: (1) creates no more than three (3) lots,including the residual lot or parcel, if any, both of which havefrontage on an improved public street, and not involving theconstruction or extension or creation of a public street or any otherpublic improvements, as defined herein, and which does not

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SECTION 8.

SECTION 9.

SECTION 10.

SECTION 11.

adversely affect the future development of the remainder of theparcel or any adjoining property.

In Article III, §163-7, the definition of MOBILE HOME is herebydeleted and the following new definition is substituted therefor andinserted in alphabetical order:

MOBILE HOME: A transportable, single family dwelling intendedfor permanent occupancy, contained in one (1) unit, or in two (2) ormore units designed to be joined into one (1) integral unit capableof again being separated for repeated towing, which arrives at asite complete and ready for occupancy except for minor andincidental unpacking and assembly operations, and constructed sothat it may be used without a permanent foundation.

In Article III, §163-7, the definition of MOBILE HOME LOT is herebydeleted and the following new definition is substituted therefor andinserted in alphabetical order:

MOBILE HOME LOT: A parcel of land in a mobile home park,improved with the necessary utility connections and otherappurtenances necessary for the erection thereon of a singlemobile home.

In Article III, §163-7, the definition of MOBILE HOME PARK ishereby deleted and the following new definition is substitutedtherefor and inserted in alphabetical order:

MOBILE HOME PARK: A parcel or contiguous parcels of landwhich has been so designed and improved that it contains two (2)or more mobile home lots for the placement thereon of mobilehomes, as controlled by Chapter 119 of the Borough Code "MobileHome Parks", governing mobile home parks.

In Article III, §163-7, the definition of YARD, FRONT is herebydeleted and the following new definitions are substituted thereforand inserted in alphabetical order:

FRONT YARD: See YARD, FRONT

YARD, FRONT: A yard extending between the side lot lines acrossthe full lot width from the front lot line to a line parallel to, orconcentric with, the front lot line known as the front building line, theminimum horizontal distance required by the Zoning Ordinance.

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SECTION 12.

SECTION 13.

SECTION 14.

In Article III, §163-7, the definition of YARD, REAR is herebydeleted and the following new definitions are substituted thereforand inserted in alphabetical order:

REAR YARD: See YARD, REAR

YARD, REAR: A yard extending between the side lot lines parallelto the rear lot line and being the minimum horizontal distance fromthe rear lot line required by the Zoning Ordinance.

In Article III, §163-7, the def:nition of YARD, SIDE is hereby deletedand the following new definitions are substituted therefor andinserted in alphabetical order:

SIDE YARD: See YARD, SIDE

YARD, SIDE: A yard extending from the required front building lineto the rear lot line parallel to the side lot line, the minimumhorizontal distance from the side lot line required by the ZoningOrdinance:

In Article III, §163-7, the following new definitions are herebyinserted in alphabetical order:

ACCESSORY USE OR STRUCTURE: A use or structure located on the same lot withthe principal use or structure, that is subordinate and incidental to the principal structureor use of the property and that may occupy a separate structure and/or area on or in theground, including, but not limited to: storage sheds or other storage structures,off-street parking, signs, off-street loading, gazebos, children's playhouses,greenhouses for personal use, garages, swimming pools, detached decks, fences andsimilar structures.

APPLICANT: A landowner or developer, as hereinafter defined, who has filed anapplication for development, including his heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT: Any application, whether preliminary, tentativeor final, required to be filed and approved prior to the start of construction ordevelopment, including, but not limited to, an application for a building permit, for theapproval of a subdivision plat or plan or for the approval of a development plan.

ARTERIAL STREET: See STREET, ARTERIAL.

BOROUGH COUNCIL: Borough Council of the Borough of Economy, Beaver County,Pennsylvania.

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BOROUGH SECRETARY: The Borough Secretary of the Borough of Economy,Beaver County, Pennsylvania.

CLEAR SIGHT TRIANGLE: An area of unobstructed vision at street intersections,defined by lines of sight between points at a given distance from the intersection of thecenterlines of streets. (See Illustration in Appendix B.)

COLLECTOR STREET: See STREET, COLLECTOR.

COMMON PRIVATE DRIVEWAY: See DRIVEWAY, COMMON PRIVATE.

COMPREHENSIVE PLAN: The Comprehensive Plan of the Borough that guidesphysical development of the Borough and that consists of maps, charts and textualmatter in accordance with the provisions of the Pennsylvania Municipalities PlanningCode.

CONDOMINIUM: A development where each dwelling unit or structure is individuallyowned and the owner of each dwelling unit or structure has an undivided interest in thecommon areas and facilities of the structures and surrounding grounds.

CONSOLIDATION: The combination of two (2) or more lots, tracts or parcels of landfor the purpose of a land development. For purposes of this Ordinance, a consolidationshall be considered a subdivision.

CONSTRUCTION STANDARDS: A document entitled "Construction Standards of theBorough of Economy" prepared by the Borough Engineer, adopted and amended fromtime to time by Resolution of Borough Council upon recommendation of the BoroughEngineer, copies of which are on file in the office of the Borough Secretary or his/herauthorized designee and are available for sale to residents or other interested parties.

COUNTY: County of Beaver, Pennsylvania.

COUNTY PLANNING COMMISSION: Beaver County Planning Commission.

DRIVEWAY, COMMON PRIVATE: A vehicular access route serving two (2) or moreresidential lots or parcels or two (2) or more businesses on a single lot which providesaccess to a public street.

DRIVEWAY, INDIVIDUAL PRIVATE: A vehicular access route serving only one (1)parcel or lot which provides access to a public street, but which does not provide accessto any other lot or parcel under separate ownership.

DWELLING, MULTIFAMILY: A residential building designed exclusively for occupancyby three (3) or more families living independently of each other and containing three (3)or more separate dwelling units, including triplexes, fourplexes, townhouses and gardenapartments.

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DWELLING, SINGLE FAMILY: A residential building containing one (1) dwelling unitthat is the only principal structure on the lot, surrounded on all sides by open space.

DWELLING, TWO FAMILY: A residential building designed exclusively for occupancyby two (2) families living independently of each other, and containing two (2) dwellingunits, each with a separate entrance directly to the outside, including double houses,duplexes and carriage homes.

.FAMILY: An individual, or two (2) or more persons related by blood, marriage, adoptionor foster child care, including domestic serJants or gratuitous guests, thereof; or a groupof not more than three (3) unrelated persons living together without supervision in adwelling unit, or not more than eight (8) persons living together in a group livingarrangement with supervision, provided that the group living arrangement meets all ofthe following criteria:

A. It provides non-routing support services, including supervision, personal care,social ·or counseling services, and transportation, to persons who need suchassistance in order to use and enjoy a dwelling or to avoid being placed within aninstitution, because of physical disability, old age, mental retardation, or other"handicap" or "disability" as defined by the Fair Housing Amendments Act or theAmericans with Disabilities Act;

B. It provides for the joint occupancy of a dwelling unit where the residents maintaina common household and practice, on a permanent or long-term basis, a jointeconomic, social and cultural life.

c. It does not involve the housing of persons on a transient basis;

D. It does not involve the housing or treatment of persons accepted for residence inthe group living arrangement on the basis of their status as criminal offenders,juvenile offenders or delinquents, or who would otherwise qualify for residence byvirtue of having been found by any governmental tribunal, court or agency to be adanger to society or are on release or under the jurisdiction of the criminal justicesystem, a government bureau of corrections or similar institution.

Family shall not include persons living together in a Group Care Facility, Personal CareBoarding Home or Transitional Dwelling, as defined in the Borough Zoning Ordinance,or any other supervised group living arrangement for persons not protected by the FairHousing Act or for any persons who constitute a direct threat to others or their physicalproperty.

FEE: The required charge, payable to the Borough, established from time to time byResolution of Borough Council, collected to defray the costs of processing anapplication, reviewing an application or inspecting the installation of publicimprovements pursuant to this Chapter.

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FINAL APPLICATION: The written and graphic materials specified by this Chapter tobe submitted to the Borough in order to obtain final approval of a proposed subdivisionor land development plan.

FINAL PLAT: The map or plan of a proposed subdivision or land developmentcontaining all the information required by this Ordinance and any subdivision regulationsor other requirements adopted by the County of Beaver for final plat approval and in aform acceptable for recording in the Office of the Beaver County Recorder of Deeds.

FRONT BUILDING LINE: A line parallel to or concentric with the front lot line, theminimum measurement of which is the front yard depth required by the Borough ZoningOrdinance.

IMPROVEMENTS, PRIVATE: All roads, streets, walkways, gutters, stormwatermanagement facilities, curbs, sewers and other facilities to be owned, maintained oroperated by a private entity such as an individual, corporation or homeowners'association for which plans and specifications must comply with the ConstructionStandards of the Borough.

IMPROVEMENTS, PUBLIC: All grading, paving, curbs, streets, walkways, gutters,stormwater management facilities, water distribution facilities, sanitary seweragecollection facilities and other facilities to be dedicated to or maintained by the Boroughfor which plans and specifications must comply with the Construction Standards of theBorough.

INDIVIDUAL PRIVATE DRIVEWAY: See DRIVEWAY, INDIVIDUAL PRIVATE.

INSPECTOR: The Borough Engineer or any other authorized representative assignedby Borough Council to make any or all necessary inspections of the work performed andmaterials furnished by the developer or the contractors selected to install theimprovements required by this Chapter.

INTERIOR LOT: See LOT, INTERIOR

LAND DEVELOPMENT: Any of the following activities:

A. The improvement of one (1) lot or two (2) or more contiguous lots, tracts orparcels of land for any purpose involving:

1. A group of two (2) or more residential or non-residential buildings, whetherproposed initially or cumulatively; or a single non-residential building on alot or lots, regardless of the number of occupants or tenure; or

2. The division or allocation of land or space, whether initially orcumulatively, between or among two (2) or more existing or prospective

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occupants by means of, or for the purpose of streets, common areas,leaseholds, condominiums, building groups or other features.

B. A subdivision of land.

LAND DEVELOPMENT PLAN: A plan which encompasses a proposed landdevelopment, which, in addition to a plat of subdivision, if required, includes: allcovenants relating to the use of the land; the proposed use, location and bulk ofbuildings and other structures; the intensity of use or density of development; publicimprovements; private improvements; and common open space. The land developmentplan shall include all of the written and graphic information required by this Chapter.

LANDSLIDE-PRONE AREA: . An area characterized by unstable slopes and landsurfaces whose history, geology, soil, bedrock structure and climate indicate a potentialfor landslides as identified by the U.S. Geological Surveyor the Borough Engineer.

LOCAL STREET: See STREET, LOCAL.

LOT AREA: The total area within the lot lines, excluding the area within a streetright-of-way.

LOT, INTERIOR: A lot, other than a corner lot or a double frontage lot, having frontageon only one (1) street other than an alley.

LOT OF RECORD: Any lot that individually, or as part of a subdivision, has beenrecorded in the Office of the Recorder of Deeds of Beaver County.

MAINTENANCE BOND: Surety, in a form acceptable to the Borough, in the form ofcash, a certified check, a letter of credit or corporate bond from a surety companylicensed to do business in the Commonwealth of Pennsylvania and approved by theBorough Solicitor which guarantees the repair or maintenance of the publicimprovements required by this Chapter for a specified period after their completion andacceptance by the Borough.

MAJOR SUBDIVISION: See SUBDIVISION, MAJOR.

MEDIATION: A voluntary negotiating process in which parties in a dispute mutuallyselect a neutral mediator to assist them in jointly exploring and settling their differences,culminating in a written agreement which the parties themselves create and consideracceptable.

MINOR SUBDIVISION: See SUBDIVISION, MINOR.

MODIFICATION: Relief granted by Borough Council, upon recommendation by thePlanning Commission and the Borough Engineer, when an equal or better specificationis available to meet the Borough Design or Construction Standards or, in a particular

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case, when by reason of exceptional topographic or other physical conditions, strictcompliance with any requirement of this Chapter would result in undue physicalhardship.

MULTIFAMILY DWELLING: See DWELLING, MULTIFAMILY.

PARCEL: See LOT:

PEDESTRIAN WALKWAY: An area, other than a sidewalk, reserved by easement forpedestrian circulation across private property which is improved with a dust-free,all-weather surface.

PERFORMANCE GUARANTY: Surety, in a form acceptable to the Borough, in theform of cash, a certified check, a letter of credit, a corporate performance bond or alabor and material payment bond from a surety company licensed to do business in theCommonwealth of Pennsylvania and approved by the Borough Solicitor whichguarantees the satisfactory completion of the public and private improvements requiredby this Chapter.

PLAT: A map or plan, either preliminary or final, indicating the subdivision, replatting orconsolidation of land or a land development.

PRIVATE IMPROVEMENTS: See IMPROVEMENTS, PRIVATE.

PRIVATE STREET: See STREET, PRIVATE.

PROFESSIONAL CONSULTANTS: Persons who provide expert or professionaladvice, including, but not limited to: attorneys, certified public accountants, engineers,geologists, land surveyors, landscape architects or planners.

PUBLIC HEARING: A formal meeting held pursuant to public notice by the BoroughCouncil, Planning Commission or Zoning Hearing Board intended to inform and obtainpublic comment, prior to taking action in accordance with this Chapter.

PUBLIC IMPROVEMENTS: See IMPROVEMENTS, PUBLIC.

PUBLIC MEETING: A forum held pursuant to notice under the Act of July 3, 1986(P. L. 388, No. 84), known as the "Sunshine Act".

PUBLIC NOTICE: Notice published once each week for two (2) successive weeks in anewspaper of general circulation in the Borough. Such notice shall state the time andplace of the hearing and the particular nature of the matter to be considered at thehearing. The first (1 st

) publication shall be not more than thirty (30) days and thesecond' (2nd

) publication shall not be less than seven (7) days from the date of thehearing.

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REPLATIING: See RESUBDIVISION OR REPLATIING.

SIGHT DISTANCE: The maximum unobstructed vision along a street from a vehiclelocated at a given point on a street.

SINGLE FAMILY DWELLING: See DWELLING, SINGLE FAMILY.

SLOPE: The degree of rise or descent of the land surface calculated by dividing thenumber of feet of vertical rise or descent in elevation by the number of feet of horizontaldistance, expressed as a percentage.

STREET, ARTERIAL: A public street which serves large volumes of local and throughtraffic and which collects and distributes traffic from collector streets through the region.

STREET, COLLECTOR: A public street which, in addition to giving access to abuttinglots, intercepts local streets and provides a route for carrying considerable volumes oflocal traffic to community facilities and arterial streets.

STREET, LOCAL: A public street, other than an arterial or collector street, designed toprovide access to abutting lots and to discourage through traffic.

STREET, PRIVATE: A street, including the entire private right-of-way, which isprivately owned and maintained through private agreement and which is intended forprivate use. A private street provides access to several lots or parcels which do nothave access to a public street and which require access to a public street through theprivate street.

SUBDIVISION, MAJOR: A subdivision containing four (4) or more lots or a subdivisionof any number of lots that involves the construction or extension of a public street or theconstruction or extension of any other public improvements, including, but not limited tostorm sewers or sanitary sewers.

SURVEYOR: A registered, professional land survey licensed as such by theCommonwealth of Pennsylvania.

TRAFFIC CIRCULATION MITIGATION ACTION PLAN: A plan prepared as part of theTraffic Study required by this Chapter that proposes recommendations for moderatingnegative impacts and maximizing positive impacts of the expected trip generation froma proposed development.

TRAFFIC STUDY: An analysis prepared, signed and sealed by a qualified trafficengineer, in accordance with "the technical requirements specified in this Chapter,calculating the expected trip generation from a proposed development using the currentManuals of the Institute of Transportation Engineers (ITE) for methodology and tripgeneration ratios and analyzing the impact of the traffic generated by the proposed

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development on the capacities and levels of service of all streets and intersections inthe vicinity of the site.

TWO FAMILY DWELLING: See DWELLING, TWO FAMILY.

WATERCOURSE: A stream, intermittent stream, river, creek, channel or ditch, whethernatural or man-made, which carries water.

ZONING ORDINANCE: The Zoning Ordinance of the Borough of Economy, OrdinanceNo. 417, adopted March 25, 2008, as now or hereafter amended.

SECTION 15. In Article IV, §163-8 and §163-9 are hereby deleted and thefollowing new §163-8 and §163-9 are substituted therefor:

§163-8 Pre-application Activities

A. Conference with Borough Secretary. Prior to filing anapplication for Preliminary Approval, the applicant may meetwith the Borough Secretary to obtain application forms andprocedural guidelines and to discuss application proceduresand applicable ordinance requirements. The BoroughSecretary may invite other Borough or Authorityrepresentatives to attend, if warranted.

B. Meeting with Planning Commission. In addition, prior tofiling an application for Preliminary Approval, the developermay appear before the Planning Commission for a pre­application meeting to discuss the applicable regulationsgoverning the subdivision and/or development of theproperty and the feasibility and timing of the application. Theapplicant shall contact the Borough Secretary or his/herauthorized designee at least five (5) calendar days prior tothe regular meeting of the Planning Commission.

The pre-application meeting with the Planning Commissionis voluntary and no formal application or fee is required.This opportunity is afforded to the developer to obtaininformation and guidance before entering into bindingcommitments or incurring substantial expenses for planpreparation.

C. Suggested Information Sources. While no formalapplication is required for a pre-application meeting, it issuggested that the applicant provide one (1) copy of readilyavailable information with the request for a pre-application

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meeting that shows the location of the property and anyspecial features such as streams, floodplains or otherconditions that may affect the development of the property.Readily available resources that may be used include thedeed for the property, a property survey, the Tax Mapsprepared by the Beaver County Assessor's Office, U.S.G.S.Quadrangle Map showing natural features and topography,the National Flood Insurance Administration (NFIA) FloodHazard Boundary Maps, Natural Resources ConservationService Maps of Soil Types, the U. S. Bureau of Mines CoalMine Maps and Beaver County Planning CommissionGeographic Information System (GIS) mapping.

§163-9 Effect of Pre-application Meeting

SECTION 16.

SECTION 17.

A pre-application meeting shall not constitute formal filing of anyapplication for approval of a subdivision or land development, shallnot bind the Planning Commission to approve any conceptpresented in the pre-application meeting and shall not protect theapplication from any subsequent changes in ordinance provisionsbetween the pre-application meeting and the official date of filing ofan application for Preliminary Approval of a subdivision or landdevelopment under the terms of this Chapter which may affect theproposed development

In Article V, §163-11-D-(B}, SUbparagraph (g) is hereby deleted andthe following new Subparagraph (g) is substituted therefor:

(g) A plan of the proposed water distribution system or a planshowing the location of individual wells. In the case of publicwater service, a letter from the applicable water authorityshall be submitted which states that the Authority hasavailable capacity to serve the proposed development.

In Article V, §163-11, the following new Subsections F and G arehereby inserted:

F. Geotechnical Study. On development sites whereearthmoving activities will disturb five (5) acres or more, ageotechnical report by a qualified registered professionalengineer shall be submitted regarding soil and subsurfaceconditions and the probable measures needed, if any, to beconsidered in the design of the development and itsinfrastructure, the location of structures and the design offoundations.

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The Borough Engineer may recommend a waiver of thisrequirement if, in his professional opinion, there is no historyof adverse subsurface conditions or where available soilsinformation or other geotechnical data do not indicate thepotential for landslides, subsidence or other subsurfacehazards.

When required, the geotechnical report shall contain thefollowing information:

1. The following information shall be provided at aminimum. Any site-specific issues identified by theapplicant's geotechnical engineer, not specificallylisted below, shall be addressed in the geotechnicalstudy.

a. Foundation bearing materials and associatedsettlement

b. Fill embankment base preparation, support,maximum allowable slope, suitable borrowmaterial and compaction requirements

c. Maximum allowable slope and stability of cutslopes

d. Coal mining below the site, mine location andamount of cover and measures to prevent minesubsidence, if required

e. Presence and control of groundwater

f. Identification of potentially expansivecarbonaceous materials or slag to beencountered in excavations and measures toprevent their detrimental effects

g. Delineation of on-site fill materials and theirimpact on site development

h. All areas where public infrastructure isproposed

2. . Geotechnical engineering reports shall be signed andsealed by a professional engineer registered in theCommonwealth of Pennsylvania.

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3. The Borough Engineer may require that thegeotechnical engineering report and site developmentdrawings be reviewed by a separate geotechnicalengineering consultant selected by the Borough. Theapplicant required to submit the report shall berequired to pay for the cost of the independentprofessional consultant review.

G. Traffic Study. A Traffic Study shall be required for anysubdivision or land development which will generate, on theaverage, seventy-five (75) or more additional trips during theadjacent roadway's peak hours. The Borough Engineer mayrequire a Traffic Study for subdivisions or land developmentsgenerating less than seventy-five (75) vehicle trips duringpeak hours in cases where known traffic deficiencies exist inthe area of the proposed development.

1. Borough Council may waive the Traffic Studyrequirements where the proposed development wasincorporated as part of a previously submitted TrafficStudy.

2. Prior to undertaking a Traffic Study, the applicantshall submit a proposed scope of services to theBorough Engineer for review and approval. TheTraffic Study shall include the following, if appropriate,as determined by the Borough Engineer and/or theBorough's traffic consultant: .

a. A brief description of the proposed project interms of land use and magnitude.

b. An inventory and analysis of existing roadwayand traffic conditions in the site environs,including:

(1) Roadway network and traffic control

(2) Existing traffic volumes in terms of peakhours and average daily traffic (ADT)

(3) Planned roadway improvements byothers

(4) Intersection levels of service

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(5) Other measures of roadway adequacy,(Le., lane widths; traffic signal warrants;vehicle studies, etc.)

c. Projected site generated traffic volumes interms of:

(1) Peak hours and ADT (by developmentphase, if required)

(2) Approach and departure distributionincluding method of determination

(3) Site traffic volumes on roadway

d. An analysis of future traffic conditionsincluding:

(1) Future design year, or years withphasing, combined traffic volumes (sitetraffic plus future roadway traffic)

(2) Intersection levels of service

(3) A pavement analysis of roadways whichare projected to experience significantincreases in ADT volumes off-site

(4) Other measures of roadway adequacy,(Le., lane width; traffic signal warrants;vehicle delay studies, etc.)

(5) When access is onto a State road, theanalysis of future conditions shall beconsistent with Penn DOT requirements.

e. A description of future levels of service andtheir compliance with standards for trafficcapacity of streets, intersections anddriveways. New streets shall be designed foradequate traffic capacity defined as follows.All reference to levels of services (LOS) shallbe as defined by the Highway CapacityManual, Special Report 209, published by theTransportation Research Board.

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(1) Traffic capacity LOS shall be basedupon a future design year whichcoincides with completion of thedevelopment.

(2) Unsignalized intersections or drivewayswhich intersect streets shall be designedfor LOS C or better for each trafficmovement unless otherwise specified bythe Borough.

(3) Signalized intersections shall bedesigned for LOS C or better. Existingintersections impacted by developmenttraffic shall maintain a minimum LOS 0or, if future base LOS E or F, thendegeneration in delays shall bemitigated. A future design year withoutthe proposed development shall becompleted for comparison purposes.

(4) Streets shall be designed for a minimumLOSC.

f. Description and analysis of the proposedaccess plan and site plan, including:

(1) Access plan including analysis ofrequired sight distances using PennDOT criteria and description of accessroadway, location, geometric conditionsand traffic control.

(2) On-site circulation plan showing parkinglocations and dimensions, loadingaccess, circulation roadway, pedestriancirculation and traffic control.

g. A Traffic Circulation Mitigation Action Plan thatshall include:

(1) Project features relative to site accessand on-site circulation which could bemodified to maximize positive impact orminimize negative impact.

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(2) Off-site improvement plan, depictingrequired roadway and signal installationand signing improvements to meet theminimum level of service requirements.

h. Traffic Calming. Streets in residentialsubdivisions or land developments that areproposed to be dedicated to the Borough shallbe evaluated to determine the potential forspeeding and encouraging cut-through trafficfrom existing neighborhoods. If such potentialexists, the traffic Circulation Mitigation Actionplan required by Subparagraph g above, shallinclude one (1) or more of the following trafficcalming measures:

(1) Speed humps or speed tables(2) Raised intersections(3) Textured pavements(4) Traffic islands or traffic circles(5) Roundabouts(6) Chicanes(7) Realigned intersections(8) Traffic diversions

The Traffic Calming recommendations shall beprepared in accordance with the Borough'sTraffic Calming Policies and Procedures adoptedby Resolution 425 of Borough Council on August25, 2009. The requirement for a petition outlinedin the Resolution shall apply only to existingBorough streets that· may be intersect withproposed streets or be located within the limits ofthe site of a proposed subdivision or landdevelopment.

i. Review. Based on the scope of work forreview and determination of the complexity ofthe development project, the Borough mayrequire the Traffic Study to be reviewed by aTraffic Consultant selected by the Borough. Insuch case, the applicant required to submit theTraffic Study shall be required to pay for thecost of the consultant review. No permits for

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SECTION 18.

SECTION 19.

construction or occupancy of a site shall beissued until said consultant fees are paid.

In Article VI, §163-13, Subsection B is hereby deleted and thefollowing new Subsection B is substituted therefor:

B. Be produced from a CAD file or be drawn with waterproofblack ink, and all records, data, entries and statementsthereon shall be made with the same type of ink orreproducible typing.

In Article VII, §163-16 is hereby deleted and the following new§163-16 is substituted therefor:

§163-16 Consolidation or Replatting

SECTION 20.

In the case of consolidation, as defined herein, of any number oflots or resubdivision or replatting, as defined herein, involving nomore than three (3) lots of record in plans previously approved bythe Borough and recorded in the Office of the Beaver CountyRecorder of Deeds, the procedure for approval shall be theprocedure for combined preliminary and final approval specified in§163-14 for Minor Subdivisions.

In Article VIII, §163-19, Subsection N, including Subparagraphs (1)through (5) is hereby deleted and the following new Subsection N issubstituted therefor:

N. Criteria for Approving Lots on Private Streets.

A modification to §163-20-A(6) that requires all lots to abutby their full frontage on a publicly dedicated street may begranted by Borough Council, upon recommendation of thePlanning Commission, provided all of the followingrequirements are met:

1. The proposed lot or lots shall have no other practicalmeans of access to a public street.

2. No more than three (3) lots may be created on anexisting private street, provided the private street isnot extended.

3. No more than three (3) lots shall front on anyproposed private street.

18

· 4. A new private street shall not be approved when theproposed street can provide future access toadditional undeveloped land beyond the limits of theproposed subdivision.

5. A proposed private street shall terminate in a cul-de­sac that meets Borough specifications for right-of-wayand paving.

6. If the original parcel from which the subdivision iscreated has its principal vehicular access from theprivate street, it shall be counted as a lot on theprivate street, even though it has legal frontage on apublic street.

7. The minimum right-of-way width required for a newprivate street shall be fifty (50) feet.

8. The minimum width of the cartway required for aprivate street shall be twenty (20) feet.

9. The cartway and other design requirements for aprivate street shall meet the Borough ConstructionStandards for a public street, unless a modification toone (1) or more of those requirements is granted inaccordance with §163-54 of this Chapter.

10.' A notation shall be placed on the plat for recordingindicating that the Borough has no maintenanceresponsibilities for the private street.

11. An agreement obligating the property owners of alllots abutting the private street to maintain the privatestreet shall be submitted with the application and shallbe recorded with the approved plat.

12. The plat for recording shall contain a notation and thedeeds for each lot shall contain a reference to theexecuted and recorded agreement obligating theproperty owners to maintain the private street.

13. The plat for recording and the deeds for each lot shallcontain a statement that any future request by the lotowners to have the street accepted by the Borough asa public street shall be subject to the ownersassuming the total cost of improving the private street

19

SECTION 21.

to the current Borough Construction Standards for apublic street.

14. House numbers for dwellings located on privatestreets shall be placed at the intersection of theprivate street and the public street and shall be visiblefrom the public street.

15. The owners of the lots shall purchase street signsapproved by the Borough and shall pay for the cost ofinstallation of the signs by the Borough in the publicright-of-way that indicate the name of the street, thatthe street is private and that there is no outlet.

In Article VIII, §163-19, Subsections 0 and P are herebydesignated P and Q and the following new Subsection 0 is herebyinserted:

O. Standards for Accepting Private Streets. Private streetsin existence on January 1, 2010 may be accepted byBorough Council for public ownership and maintenance,including snow removal, provided all of the followingrequirements are met:

1. At least five (5) or more lots shall front on and havetheir only access from the private street.

2. The private street shall have a minimum right-of-wayof twenty-four (24) feet.

3. For private streets with a right-of-way betweentwenty-four (24) feet and thirty-three (33) feet, thepaved cartway shall be a minimum of eighteen (18)feet.

4. For private streets with a right-of-way in excess ofthirty-three (33) feet but no more than forty (40) feet,the paved cartway shall be a minimum of twenty-two(22) feet.

5. For private streets with a right-of-way in excess offorty (40) feet up to and including fifty (50) feet, thepaved cartway shall be a minimum of twenty-four (24)feet, plus a two (2) foot asphalt wedge curb orapproved equal on both sides of the street.

20

SECTION 22.

SECTION 23.

6. The private street shall terminate in a cul-de-sac. Thecul-de-sac shall have a minimum radius of thirty-five(35) feet for paved cartways of eighteen (18) totwenty-one (21) feet and shall have a minimum radiusof forty (40) feet for paved cartways of twenty-two (22)to twenty-four (24) feet.

7. Aggregate base course specifications shall be equalto or exceed Borough Construction Standards forpublic streets.

8. Any private street that does not meet BoroughConstruction Standards for. public streets shall beimproved at the expense of the landowners who havefrontage on the private street prior to final acceptanceby the Borough.

9. The Borough Engineer shall make the requiredinspections during installation of the improvements.Inspections shall be subject to payment of theinspection fees required by §163-58-C of thisChapter.

10. Final acceptance by Borough Council shall be subjectto the procedure specified in §163-47 of this Chapter.

In Article VIII, §163-20-A, Subparagraph (6) is hereby deleted andthe following new Subparagraph (6) is substituted therefor:

(6) All lots shall abut by their full frontage on a publiclydedicated street. Lots abutting on a private street shall notbe approved, unless a modification is granted in accordancewith §163-54 and all of the requirements of §163-19-N aremet.

In Article VIII, §163-20-A, Subparagraph (8), including (a) through(e) are hereby deleted and the following new Subparagraph (8) issubstituted therefor:

(8) Setback requirements required by the Borough ZoningOrdinance shall be shown on the final plat for recording.

21

SECTION 24.

SECTION 25.

SECTION 26.

In Article VIII, §163-20-C, Subparagraph (4) is hereby deleted andthe following new Subparagraph (4) is substituted therefor:

(4) Where nonresidential lots adjoin lots in a residential zoningclassification, the Buffer Area required by the BoroughZoning Ordinance shall be provided.

In Article VIII, §163-22 entitled "Easements," the following newSubparagraph C is hereby inserted:

C. On all cui de sacs to be dedicated to the public, aneasement for snow removal and storage shall be recordedon one (1) or more lots in accordance with the specificationsin Attachments 11:1 and 11:2 of this Chapter.

In Article VIII, §163-23 is hereby deleted and the following new§163-23 is substituted therefor:

§163-23 Sidewalks

SECTION 27.

SECTION 28.

Sidewalks and crosswalks shall be installed when required by§163-34-D of this Chapter. If required, sidewalks and crosswalksshall be constructed in accordance with Borough ConstructionStandards. Anywhere a sidewalk meets a curbed street, a curbramp that complies with the requirements of the Americans withDisabilities Act (ADA) shall be provided.

In Article VIII, §163-28, Subsection B is hereby deleted and thefollowing new Subsection B is substituted therefor:

B. A clear sight triangle, as defined by this Chapter, shall bemaintained free of any obstructions at intersections so thatthere shall be a minimum clear sight triangle measuredalong the centerline from the points of intersection inaccordance with the requirements specified in Appendix B.The clear sight triangle shall be shown on the final plat forrecording.

In Article IX, §163-34, Subsection D is hereby deleted and thefollowing new Subsection D is substituted therefor:

D. Sidewalks shall be required on both sides of the street in allsubdivisions containing ten (10) or more lots, unless awaiver or modification of this requirement is recommendedby the Planning Commission and granted by BoroughCouncil in accordance with §163-54. In the case of a

22

SECTION 29.

subdivision containing fewer than ten (10) lots that is locatedon a street where sidewalks already exist, sidewalks shall berequired across the full frontage of each lot that fronts on thestreet with existing sidewalks.

Sidewalks may be required within the site of a nonresidentialland development if the Planning Commission determinesthat sidewalks are desirable to enhance pedestrian safety onthe site considering the location of building entrances withrespect to parking areas and traffic circulation on the site.

Sidewalks shall be a minimum of four (4) feet in width andshall be constructed in accordance with BoroughConstruction Standards. Maintenance responsibility shall bethe obligation of the landowner or shall be incorporated inHomeowners' Association or Condominium documents, ifsuch an association is proposed and/or shall be recorded asa restriction within the deed for the property.

In Article IX, §163-35 is hereby deleted and the following new§163-35 is substituted therefor:

§163-35 Street Signs

SECTION 30.

The developer shall install street name signs, approved by theBorough, at all street intersections. The developer shall installtraffic control signs in such locations as specified on the approvedsubdivision or [and development plan. The cost of the street nameand traffic control signs and posts shall be assumed by thedeveloper. Street signs shall be installed in accordance with theBorough Construction Standards.

In Article §163-36, Subsections A through K are hereby designatedB through L and the following new Subsection A is hereby inserted:

A. Storm water management facilities shall be provided insubdivisions and land developments in accordance with therequirements of Chapter 155 of the Borough Code,"Stormwater Management," as now or hereafter amended.

23

SECTION 31. In §164-46 (Performance Guaranty), the following new Sections C,0, E, F and G are hereby inserted:

C. Determining Amount of Financial Security

1. The amount of the financial security to be posted forthe completion of the required improvements shall beequal to one hundred ten percent (110%) of the costof completion estimated as of ninety (90) daysfollowing the date scheduled for completion by thedeveloper. Annually, the Borough may adjust theamount of the financial security by comparing theactual cost of the improvements which have beencompleted and the estimated cost for the completionof the remaining improvements as of the expiration ofthe ninetieth (90th

) day after the original datescheduled for completion or a rescheduled date ofcompletion. Subsequent to said adjustment, theBorough may require the developer to post additionalsecurity in order to assure that the financial securityequals said one hundred ten percent (110%). Anyadditional security shall be posted by the developer inaccordance with this Subsection C.

2. The amount of financial security required shall bebased on an estimate of the cost of completion of therequired improvements submitted by an applicant ordeveloper and prepared by a professional engineerlicensed as such in the Commonwealth ofPennsylvania and certified by such engineer to be afair and reasonable estimate of such cost. TheBorough, upon recommendation of the BoroughEngineer, may refuse to accept such estimate forgood cause shown.

3. If the applicant or developer and the Borough areunable to agree upon an estimate, then the estimateshall be recalculated and recertified by anotherprofessional engineer licensed as such in theCommonwealth of Pennsylvania and chosen mutuallyby the Borough and the applicant or developer. Theestimate certified by the third (3fd

) engineer shall bepresumed fair and reasonable and shall be the finalestimate. In the event that a third (3fd

) engineer is sochosen, fees for the services of said engineer shall be

24

paid equally by the Borough and the applicant ordeveloper.

D. Phased Development

In the case where development is projected over a period ofyears, Borough Council authorizes submission of final platsby sections or stages of development subject to suchrequirements or guarantees as to improvements in futuresections or stages of development as it finds essential forthe protection of the finally approved section of thedevelopment.

E. Facilities Bonded by Public Utilities or MunicipalAuthorities

If water mains or sanitary sewer lines, or both, along with theapparatus or facilities related thereto, are to be installedunder the jurisdicti9n and pursuant to the rules andregulations of a public utility or municipal authority separateand distinct from the Borough, financial security to assureproper completion and maintenance thereof shall be postedin accordance with the regulations of the controlling publicutility or municipal authority and shall not be included withinthe financial security as otherwise required by this Section.

F. Partial Release of Security as Work Progresses

As the work of installing the required improvementsproceeds, the party posting the financial security mayrequest Borough Council to authorize release, from time totime, such portions of the financial security necessary forpayment of the contractor or contractors performing thework. Any such requests shall be in writing addressed toBorough Council. Borough Council shall have forty-five (45)days from receipt of such request to allow the BoroughEngineer to certify, in writing, to Borough Council that suchportion of the work upon the improvements has beencompleted in accordance with the approved plan. Uponsuch certification, Borough Council shall authorize releaseby the bonding company or lending institution of an amountas estimated by the Borough Engineer fairly representing thevalue of the improvements completed, or, if Borough Councilfails to act within the said forty-five (45) day period, BoroughCouncil shall be deemed to have approved the release of thefunds as requested.

25

SECTION 32.

SECTION 33.

SECTION 34.

G. Retention Upon Completion

Borough Council, may, prior to final release at the time ofcompletion and certification by the Borough Engineer,require retention of ten percent (10%) of the estimated costof the aforesaid improvements.

In Article X, §163-51, Subsection A is hereby deleted and thefollowing new Subsection A is submitted therefor:

A. Upon approval of a Final Plat by the Borough, the applicantshall record the final plat in the Office of the Beaver CountyRecorder of Deeds within ninety (90) days of such FinalApproval or within ninety (90) days of the date of delivery ofan approved plat signed by Borough Council, followingcompletion of conditions imposed for such approval,whichever is later.

In Article X, §163-51, Subsections B through E are herebydesignated C through F and the following new Subsection B ishereby inserted:

B. Upon recording of the Final Plat in the Office of the BeaverCounty Recorder of Deeds, the applicant shall deliver to theBorough Secretary or his/her authorized designee, one (1)reproducible mylar and two (2) paper prints of the final Plat,as recorded, containing all required signatures and dates ofapproval, including those of the Beaver County Recorder ofDeeds. In addition, in the case of a major subdivision, theapplicant shall deliver to the Borough Secretary or his/herauthorized designee, a CD-ROM containing the final plat indigitized format acceptable to the Borough.

In Article X, §163-51, renumbered Subsection F is hereby deletedand the following new Subsection F is substituted therefor:

F. In the event that an approved subdivision plan is notrecorded within the time period required by Subparagraph A,above, said approval shall be deemed voided and rescinded,and the plan must be resubmitted if approval is sought bythe developer.

26

SECTION 35. In Article XI, §163-54 is hereby deleted and the following new§163-54 is substituted therefor:

§163-54 Modifications

The governing body may grant a modification of the requirementsof one (1) or more provisions of this Chapter if the literalenforcement will exact undue hardship because of peculiarconditions pertaining to the land in question, or if an equal or betterspecification is available to comply with the Borough ConstructionStandards or the Design Standards of this Chapter, provided thatsuch modification will not be contrary to the public interest and thatthe purpose and intent of the Chapter is observed.

A. All requests for a modification shall be, in writing, and shallaccompany and be a part of the application for development.The request shall state in full the grounds and facts ofunreasonableness or hardship on which the request is basedor detailed comparative information about the equal or betterspecification proposed, whichever is applicable, the exactprovision or provisions of this Chapter to be modified and theminimum modification necessary.

B. The request for modification shall be referred to the BoroughPlanning Commission for advisory comments.

C. A request for a modification to authorize an equal or betterspecification shall be referred to the Borough Engineer foradvisory comment.

D. The reasons relied upon by Borough Council in approving ordisapproving the request shall be entered into the minutes ofthe Borough Council meeting at which action is taken.

E. Any Resolution adopted governing an application for which amodification has been granted or denied shall includespecific reference to the modification and the reasons forapproval or disapproval.

F. Whenever a modification is granted by Borough Council, thefinal plat for recording shall contain a notation indicating thesubstance of the modification granted and the date ofapproval by Borough Council.

27

SECTION 36.

G. Borough Council and the Planning Commission shall keep awritten record of all action on all requests for modifications.

In Article XI, §163-55 is hereby deleted and the following new§163-55 is substituted therefor:

§163-55 Amendments

Borough Council may, from time to time, amend this Ordinance inaccordance with the following provisions:

A. Planning Commission Review

In the case of amendments other than those prepared by theBorough Planning Commission, Borough Council shallsubmit the proposed amendment to the PlanningCommission for recommendation at least thirty (30) daysprior to the date fixed for the public hearing on the proposedamendment.

B. County Planning Commission Review

The proposed amendment shall be submitted to the BeaverCounty Planning Commission for review andrecommendation at least thirty (30) days prior to the publichearing on the amendment.

C. Public Hearing

Before voting on enactment on an amendment, BoroughCouncil shall hold a public hearing thereon pursuant topublic notice, as defined herein. Borough Council shall notconduct its public hearing until comments are received fromthe Beaver County Planning Commission or until theexpiration of thirty (30) days from the date the amendmentwas sent to the County.

D. Publication, Advertisement and Availability of Ordinance

Proposed amendments shall not be enacted unless publicnotice, as defined herein, of the proposed enactment isgiven, including the time and place of the meeting at whichpassage will be considered I and a reference to a place

28

within the Borough where copies of the proposedamendment may be examined without charge or obtained fora charge not greater than the cost thereof.

Borough Council shall publish the proposed amendmentonce in one (1) newspaper of general circulation in theBorough not more than sixty (60) nor less than seven (7)days prior to passage. Publication of the proposedamendment shall include either the full text thereof or thetitle and a brief summary prepared by the Borough Solicitorand setting forth all the provisions in reasonable detail. If thefull text is not included:

1. A copy thereof shall be supplied to a newspaper ofgeneral circulation in the Borough at the time thepublic notice is published.

2. An attested copy of the proposed amendment shall befiled in the County Law Library or other County officedesignated by the County Commissioners, who mayimpose a fee no greater than that necessary to coverthe actual costs of storing said ordinances.

3. In the event substantial amendments are made in theproposed amendment, before voting upon enactment,Borough Council shall, at least ten (10) days prior toenactment, readvertise in one (1) newspaper ofgeneral circulation in the Borough, a brief summarysetting forth all the provisions in reasonable detailtogether with a summary of the amendments.

4. Subdivision and land development amendments maybe incorporated into official ordinance books byreference with the same force and effect as if dulyrecorded herein.

E. Filing After Enactment

Within thirty (30) days after adoption, the Borough Secretaryshall forward a certified copy of the amendment to theBeaver County Planning Commission.

29

SECTION 37.

SECTION 38.

The "Illustration of Clear Sight Triangle" attached to this Ordinanceis hereby inserted as Appendix B in Chapter 163 of the BoroughCode.

All ordinances or parts of ordinances in conflict with the provisionsof this Ordinance are hereby repealed to the extent of such conflict.

ORDAINED AND ENACTED THIS /0-tI\ DAY OF~__, 2012.

BOROUGH OF ECONOMY

Borough Secretary

EXAMINED AND APPROVED BY ME THIS I()<=6h DAY OF ~~""""",,__, 2012.

30

APPENDIX B

ILLUSTRATION OF CLEAR SIGHT TRIANGLE

: +-- 75 feet ,i • I Street Centerline......................................'''.~<~.~.~ ······ ·..··············..·..·· ······..·r··..j········· .

, ,, ,

,"" I", i 75 feet

" .

Comer Lot '" "" I! Comer Lot, j, ,, ,, ,

l·················

IStreet CenterlineJ

VISIBILITY AT INTERSECTIONS

31

ORDINANCE NO. lf35" ...-.... .., ....,

SEP 1r L:12

AN ORDINANCE OF THE BOROUGH OF ECONOMY, COUNTY OF BEAVER, AND cdMM:eNwEALTHOF PENNSYLVANIA, ESTABLISHING THE ECONOMY BOROUGH PLANNING COMMISSION.

NOW, THEREFORE IT IS ORDAINED AND ENACTED, by the Council of the Boroughof Economy as follows:

Section 1. Planning Commission Created. There shall be an EconomyBorough Planning Commission,. which shall have all the powers and dutiesconferred upon it by Borough Council, as permitted by law.

Section 2. Membership. The Economy Borough Planning Commission shallconsist of seven members, as appointed by Borough Council.

Section 3. Annual Report. The Planning Commission shall make an annualreport to Borough Council, showing its transactions and recommendations.

Section 4. Purpose. The purpose of the Planning Commission shall be toprovide advisory recommendations to Borough Council on certain landdevelopment and subdivision applications submitted to the Borough forCouncil's approval. These recommendations shall be based on the specificrequirements of the Borough's Zoning , Subdivision, and Land DevelopmentOrdinances. The Commission shall also advise on community planningprocesses and the development of appropriate land development and zoningordinances that fulfill the vision of the Borough's Comprehensive Plan.

Section 5. Powers and Duties. The Planning Commission shall exercise thepowers and be subject to the duties as set-forth in the MunicipalitiesPlanning Code.

Section 6. Repealer. All previous ordinances addressing the PlanningCommission for Economy Borough are hereby repealed.

ORDAINED AND ENACTED THIS 12~ day of June, 2012.

BOROUGH OF ECONOMY

~$-~r si ent of ncil

Mayor

c5RD. Y35

/REe!IVeo

St? '7 2012

BCPC

BOROUGH OF ECONOMY

ORDINANCE NO. 43 Co

AN ORDINANCE OF BOROUGH COUNCIL OF THE BOROUGH. OF ECONOMY,BEAVER COUNTY, PENNSYLVANIA, AMENDING CHAPTER 180 OF THEBOROUGH CODE, ENTITLED "ZONING" TO: (i) REZONE A PORTION OF THEPROPERTY OWNED BY THE MUNICIPAL AUTHORITY OF THE BOROUGH OFWEST VIEW FROM R-3, LIMITED RESIDENTIAL, DISTRICT TO C·1, GENERALCOMMERCIAL, DISTRICT.

NOW THEREFORE, BE IT ORDAINED AND ENACTED by Borough Council of theBorough. of Economy, and it is hereby ordained and enacted by and with the authority ofthe same as follows:

SECTION 1. The western portion of the following described property owned bythe Municipal Authority of the Borough of West View is C-2,General Commercial and the eastem portion of the property iszoned R-3, Limited Residential. The zoning classification of thefollowing described property is hereby changed so that the portionzoned R-3, Limited Residential District is. changed· to C-2, GeneralCommercial District resulting in the entire property described belowbeing classified C-2, General Commercial District.

Tax Parcel No. 60-174-0161-002

BEGINNING at a point, said point being South 26° 06' 09" East a.distance of 2,051.79 feet from the southwesterly corner of Lot No.15 in the Dunn Farms Plan of Lots No.1, as recorded in theRecorder's Office of Beaver County, Pennsylvania in Plan BookVolume 5, page 48, said point being also the southeasterly cornerof land herein described; thence from said point of beginning along~ line dividing the land herein described and land now or formerly ofthe Catholic Institute of Pittsburgh South 64° 42' 01" West for adistance of 559.85 feet to a point on the dividing line of saidCatholic Institute of Pittsburgh and at the corner of the land now orformerly of the Sisters of St. Joseph Diocese. of Pittsburgh; thencealong the land of said Sisters of St. Joseph Diocese of Pittsburgh,North 26° 35' 37" West for a distance of 379.80 feet to a point;

SECTION 2.

SECTION 3.

thence continuing along the same South 64° 37' 48" West for adistance of 800.03 feet to a point on the same; thence through theland of Erwin S. Baal, Trustee of the Beneficiary Trust under theLast Will and Testament of W. Erwin S. Baal of which this is a part,North 25° 22' 12" West for a distance of 400.00 feet to a point;thence continuing through the same North 64° 37' 48" East for adistance of 745.20 to a point; thence continuing through the same,South 86°31' 10" East for distance of 704.62 feet to a point;thence continuing through the same South 26° 06' 09" East for adistance of 440.44 feet to a point at the place of beginning.

Comprising a total of 15.54 acres.

The Borough Engineer is hereby directed to amend the OfficialBorough Zoning District Map forthwith to incorporate this change.

All ordinances or parts of ordfnances in conflict with the provisionsof this Ordinance are hereby repealed to the extent of such conflict.

436

ORDAINED AND ENACTED THIS l'f'"' DAY OF 9 ,2012.

BOROUGH OF ECONOMY

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4

HARMONY TOWNSHIP

ZONING LEGENDRA - AGRICULTURAURURAL RES.

R-1 - RESTRICTED RESIDENTIALR-2 - SUBURBAN RESIDEN11ALR-3 - UMITED RESIDENTIALe-1 - GENERAL COMMERCIAL

I - INDUSTRIAL

3

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"BOROUGH OF BADEN

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BOROUGH OF CONWAY

A

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