[Adopted 11-11-1996 by Ord. No. 96-15]
West Whiteland Township and Uwchlan Township
have granted approval to a final plan of subdivision known as “Whiteland
Ridge,” authorizing the development of a parcel of ground located
in both municipalities. Grandview Drive and James Ross Drive are streets
proposed to be laid out and constructed within the Whiteland Ridge
development. Although located in both municipalities, a portion of
the streets and the stormwater management facilities constructed as
a part thereof are located in Uwchlan Township. The purpose of this
article is to authorize an agreement between said municipalities,
pursuant to which Grandview Drive and James Ross Drive shall be built
to West Whiteland Township's specifications, the escrows guaranteeing
completion and maintenance thereof shall be posted with and a portion
of the streets, as described by metes and bounds in the intermunicipal
agreement between West Whiteland Township and Uwchlan Township, shall
be maintained by West Whiteland Township. All liquid fuels taxes payable
by the Commonwealth of Pennsylvania as a consequence of maintenance
of the streets shall be payable to West Whiteland Township.
A.
Grandview Drive and James Ross Drive and all drainage
facilities constructed in connection therewith as shown on the approved
subdivision plan, whether located in West Whiteland Township or Uwchlan
Township, shall be constructed to West Whiteland Township's street
and drainage specifications; and the portion of the streets located
in Uwchlan Township, as described in the intermunicipal agreement
between the Townships, shall be maintained by West Whiteland Township.
B.
All financial security otherwise required to be posted
for that portion of the street located in Uwchlan Township will be
authorized by the agreement to be posted with the Board of Supervisors
of West Whiteland Township.
C.
Upon completion of construction of Grandview Drive and James Ross Drive, that portion of Grandview Drive and James Ross Drive, as described in Subsection A above, located in Uwchlan Township shall be dedicated to West Whiteland Township.
D.
West Whiteland Township, upon acceptance of dedication
of said streets, shall be permanently responsible for the streets'
maintenance and upkeep. Maintenance responsibility shall continue
until the streets are at anytime in the future lawfully vacated as
public streets by West Whiteland Township following compliance with
such procedures and approvals as are by law required.
E.
Uwchlan Township shall assign and set over to West
Whiteland Township all liquid fuels tax monies due and payable by
the Commonwealth of Pennsylvania to which Uwchlan Township would otherwise
be entitled had that portion of Grandview Drive and James Ross Drive
located in Uwchlan Township been dedicated to Uwchlan Township as
public streets for permanent maintenance.
The agreement authorized by this article shall
be approved by the Boards of Supervisors of each municipality, and
the agreement shall be implemented by West Whiteland Township. No
formal organical structure of entity is necessary to implement the
provisions of the authorized agreement.
The agreement shall remain in full force and
effect until such time as Grandview Drive and James Ross Drive are
vacated as public streets pursuant to statutory procedure, or until
such time as the agreement authorized by this article is mutually
amended, modified or terminated by the contracting municipalities.
Other than the above-mentioned assignment of
liquid fuel tax monies, no special financing is required to implement
the provisions of the agreement authorized hereby.
As described above in § 27-34, the agreement authorized hereby shall require that portion of Grandview Drive and James Ross Drive constructed in Uwchlan Township to be dedicated and maintained by West Whiteland Township. Consequently, West Whiteland Township shall acquire the requisite real property rights and engage in any necessary management. No licensing or disposal of the property is anticipated.
The Board of Supervisors of Uwchlan Township
is authorized to make and execute the agreement with West Whiteland
Township attached hereto as Exhibit A and made a part hereof.[1]
[1]
Editor's Note: A copy of the agreement is
on file in the Township offices.
The Board of Supervisors of Uwchlan Township
hereby ordains that it may execute such amendments to the agreement
authorized by this article as may be necessary to carry out the purposes
of this article and as mutually agreed to by West Whiteland Township
and Uwchlan Township.
