[Adopted 10-12-1998 by Ord. No. 361]
This article shall be known as the Borough of
Bradford Woods Private Road Improvement Ordinance.
As used in this article, the following terms
shall have the meanings indicated:
A road, street, way, lane or drive in the Borough of Bradford
Woods which has never been opened to vehicular or pedestrian traffic
nor dedicated to and/or accepted for public use by the Borough.
A road not accepted by the Borough of Bradford Woods.
A.
Paper roads to be opened to serve no more than four
lots or dwelling units must be constructed with a minimum installed
base 16 feet in width, consisting of not less than eight inches of
compacted PennDOT 2A limestone, and a minimum improved cartway surface
12 feet in width, consisting of not less than two inches of "shot
and chip" bituminous surface treatment installed pursuant to PennDOT
Publication 408 (latest edition).
B.
Paper roads to be opened to serve more than four lots
or dwelling units (or, if previously opened, when service is to be
increased to more than four lots or dwelling units) must be constructed
with a minimum installed base 22 feet in width, consisting of not
less than eight inches of compacted PennDOT 2A limestone, and a minimum
improved cartway surface 18 feet in width, consisting of not less
than two inches of FB-1 "flexible base" bituminous binder course and
1 1/2 inches of FB-1 "flexible base" bituminous wearing course
installed pursuant to PennDOT Publication 408 (latest edition).
All paper roads to be opened shall conform to
the following specifications:
A.
No such road shall have a grade in excess of 12%.
B.
No such road shall have a grade exceeding 4% for a
distance of 25 feet from the edge of the pavement of any intersecting
street.
C.
Profile grades shall be connected by vertical curves
having a minimum sight distance of 100 feet.
D.
A minimum center line radius of 100 feet is required
for all horizontal curves.
E.
All center line changes in direction shall be joined
by a horizontal curve of appropriate radius.
F.
Intersecting rights-of-way shall be connected by a
curve with a minimum radius of 20 feet.
G.
The terminus of all such roads shall be a circular
turnaround having a minimum radius to the outside edge of the road
right-of-way width (as shown on the recorded subdivision plan), which
turnaround area must be graded level.
H.
All requirements for drainage as contained in other
ordinances of the Borough shall be strictly complied with.
A.
A permit shall be obtained before the opening of any
such paper road, or the alteration or improvement of previously opened
paper roads to increase the number of lots or dwelling units to be
serviced thereby, using application forms furnished by the Borough
Secretary.
B.
Permit fees shall be established by the Council by
resolution adopted from time to time.
C.
Every permit issued hereunder shall expire by limitation
and become null and void if the work authorized by such permit is
not commenced within six months from the issue date of the permit,
or if the work authorized by such permit is suspended or abandoned
at any time after the work is commenced for a period of six months.
Before work can be resumed, a new permit shall be obtained to do so
and the fee therefor shall be 1/2 the amount required for a new permit
for such work; provided that no changes have been made in the original
plans and specifications for such work; and provided further that
such suspension or abandonment has not exceeded six months.
D.
A permittee holding an unexpired permit may apply
for a one-time extension, provided he can show good and satisfactory
reasons, beyond his control, why the work cannot be commenced within
the six-month period from the issue date. In order to renew work on
a permit after it has expired, the permittee shall pay a new full
permit fee.
E.
The permittee shall provide the Borough Road Supervisor
with a schedule for all work to be performed under the permit prior
to commencement of any such work and the Borough, from time to time,
shall make or cause to be made any necessary inspections and shall
either approve that portion of such work as completed or shall notify
the permit holder or his agent wherein the same fails to comply with
this article.
The Borough shall have no obligation for repair,
maintenance or replacement of any such paper road after it is opened
and improved pursuant hereto, unless and until such paper road shall
either conform to all Borough specifications for public streets, or
the person(s) offering to dedicate such paper road shall include sufficient
(as determined by the Borough Engineer, in his sole discretion) funds
with the offer of dedication to restore such paper road to conformance
with all Borough specifications for public streets, and the Borough
has formally accepted such offer of dedication by ordinance. Maintenance
and repair of such paper roads shall be the full and sole responsibility
of the landowners making use thereof, and all such paper streets opened
and improved pursuant hereto shall be maintained in good condition
and repair, reasonable wear and tear excepted, for use by emergency
vehicles.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction before the District
Justice having jurisdiction thereof, be sentenced to pay a fine of
not more than $600, plus costs of prosecution, and, in default of
payment of such fine and costs, be subject to imprisonment for not
more than 30 days. Each day that a violation continues shall constitute
a separate violation.
In the event any paper road is, or is proposed
to be, constructed, reconstructed, altered, or maintained in violation
of this article, the Borough or, with the approval of the Council,
an officer of the Borough, in addition to other remedies, may institute
any appropriate action or proceeding to prevent, restrain, correct
or abate such paper road, or to prevent, in or about such paper road,
any act or conduct constituting a violation. Where litigation is instituted
under this section, the Borough shall be entitled to recover, in addition
to any other relief, the reasonable expenses of such litigation including
attorneys' fees and other legal costs.
