[Adopted 4-9-1959 as part of Ord. No. 145-C, approved 4-9-1959]
As used in this article, the following terms
shall have the meanings indicated:
Includes any boulevard, street, avenue, alley or other thoroughfare.
No person, firm or corporation shall hereafter
dedicate, open or construct any highway or any drainage facilities
in connection therewith for public use or travel in the Borough of
Carlisle without first complying with the conditions, rules, regulations
and procedures hereinafter set forth in this article.
Any person, firm or corporation desiring to
dedicate, open or construct any highway or any drainage facilities
in connection therewith for public use or travel in the Borough of
Carlisle shall, prior to the doing of any overt act in connection
with said dedication, opening or construction, prepare and submit
to the Planning Commission of the Borough of Carlisle, for its approval,
plans thereof setting forth the following.
A.Â
The date when prepared; the name of the person, firm
or corporation by whom prepared; and the names and addresses of all
persons owning land to be dedicated or taken for such highway or abutting
thereon or which will be affected by any drainage facilities in connection
therewith.
B.Â
The details whereby the proposed highway will connect
with existing highways of the Borough; the courses, distances and
profiles thereof; and any and all conditions affecting grades, obstructions,
streams and drainage.
C.Â
The details of existing public utility facilities
and of proposed public utility facilities and the means and methods
whereby the latter will connect to existing public utility facilities
of the Borough and of public utilities operating within the Borough.
D.Â
The courses, structures and capacities of proposed
and existing drainage facilities and the means and methods whereby
the same will connect to existing drainage facilities.
E.Â
Such further and additional information as the Planning
Commission, the Borough Council and the Borough Manager may request.
In addition to the plans required to be submitted to the Borough Planning Commission under the provisions of § 223-3 hereof and prior to final approval thereof by the Borough Council, the person, firm or corporation submitting the same shall also submit to the Borough Council an agreement or agreements, in form satisfactory to the Borough Council and executed by all such persons, firms and corporations as the Borough Council may require, providing the following:
A.Â
That the highway and drainage facilities described
in said plans, if and as approved by the Planning Commission and the
Borough Council, will be dedicated, opened and constructed in strict
conformity with such plans as finally approved, in accordance with
Borough of Carlisle specifications and subject to such changes as
the Borough Council may require therein prior to final approval.
B.Â
That the highway shall be curbed and guttered, macadamized
or paved in accordance with the provisions of the specifications and
ordinances of the Borough of Carlisle affecting such matters.
C.Â
That the Borough shall not be liable for any damages
for or by reason of the dedication, opening and construction of such
highway and drainage facilities in accordance with said plans as finally
approved by the Borough Council.
D.Â
That such persons, firms or corporations, at their
sole expense and without cost to the Borough, will construct the said
highway and public utility and drainage facilities in the manner set
forth in this article.
E.Â
That prior to the performance of the work prescribed in Subsection A of this section, there shall be laid in the bed of said highways the main lines and services for all such public utility facilities as shall be required by the plans of such highway, as finally approved by the Borough Council, all such facilities to be installed and all ditches and holes resulting therefrom backfilled and tamped in such manner as the Borough Manager, under applicable laws of the Commonwealth of Pennsylvania and ordinances of this Borough, shall require.
[Amended 3-10-1988 by Ord. No. 1576, approved
3-10-1988]
Prior to the final approval of any plans required
to be filed under the provisions of this article, the person, firm
or corporation requesting such approval shall file with the Borough
Manager a liability insurance certificate naming the Borough of Carlisle
as an insured party and a performance bond, in amounts, forms and
with a company or companies satisfactory to the Borough Council.
Upon written application therefor by any person,
firm or corporation presenting plans pursuant to this article, the
Borough Council will grant a public hearing in reference thereto after
at least 10 days' public notice in a newspaper of general circulation
in the Borough of Carlisle thereof by the Borough Council.
[Amended 5-8-1975 by Ord. No. 1159, approved 5-8-1975]
Nothing contained in this article shall prevent
the Borough Council, on its initiative, from opening or accepting
any highway or the laying of trunk sewers, drains, water or gas mains,
if required or deemed desirable for the comfort, safety, health and
convenience of the public or from the grading, curbing, guttering,
paving, macadamizing or otherwise improving of highways in accordance
with the provisions of Section 1761 of the Borough Code of 1966, P.L.
(1965) 1656.[1]
[1]
Editor's Note: See 53 P.S. § 46761.
[Amended 5-8-1975 by Ord. No. 1159, approved 5-8-1975]
Any person, firm or corporation violating any
provision of this article shall be prosecuted in the manner and to
the extent provided by Section 1737 of the Borough Code of 1966, P.L.
(1965) 1656.[1]
[1]
Editor's Note: See 53 P.S. § 46737.
[Added 3-14-1964 by Ord. No. 949, approved 3-14-1964; amended 5-8-1975 by Ord. No.
1161, approved 5-8-1975; 3-10-1988 by Ord. No. 1576, approved 3-10-1988]
All streets and highways within the Borough
of Carlisle, as a condition to acceptance as a public street shall
be graded, prepared and paved in accordance with Borough specifications.
[Added 3-10-1988 by Ord. No. 1576, approved 3-10-1988]
Provisions of this article shall apply in those situations not covered by Chapter 226, Subdivision and Land Development.
