[Adopted 7-12-1971 as Ch. 73, Art. II, of the 1971 Code]
No person, partnership, association or corporation
shall construct, open or dedicate any road, street, lane or alley,
or any sewer or drainage facilities in connection therewith, for public
use or travel in the Township of Marple, without first submitting
plans therefor to the Township Commissioners for their approval, and
no road, street, lane or alley, nor sewer or drainage facilities in
connection therewith, shall be opened, laid or constructed except
in strict accordance with plans approved by the Township Commissioners.
A.
Such plans shall show the profiles of such roads,
streets, lanes or alleys, the course, structure and capacity of any
drainage facilities, the method of drainage of the adjacent or contiguous
territory and drainage profile of the streets and plan, showing drainage
of the whole property; and the size of the lots, which shall conform
with the Zoning Ordinance of the Township.[1]
B.
All roads and streets shall be of a width of not less
than 50 feet, the cartway shall be not less than 24 feet, and all
roads and streets connecting with existing streets, so as to form
a continuation or extension thereof, shall be not less in width than
such existing roads and streets. All roads and streets, where possible,
shall connect with existing roads and streets or proposed roads and
streets, so as to form as nearly as possible through roads and streets,
fire lanes and a harmonious and systematic development of the Township.
C.
The names of the roads and streets shall not conflict
with the names of existing roads and streets, and all roads and streets
shall be designated by the names of existing roads and streets with
which they connect as extensions thereof.
All such plans shall be filed with the Township
Secretary at least 10 days prior to regular meeting of the Township
Commissioners, at which it is desired to seek approval thereof. Before
acting upon any such plans, the Township Commissioners may, in their
discretion, arrange for a public hearing after giving such notice
as they may deem desirable in each case.
The Township Commissioners reserve the right
to alter such plans and to specify any changes or modifications of
any kind which they may deem necessary with respect thereto, and to
make their approval of such plans subject to any such alterations,
changes or modifications.
Any and all plans when so approved shall be
signed by the Commissioners and shall be filed in the office of the
Secretary of the Township, where the same shall be available to public
inspection.
The action of the Township Commissioners in
approving any such plans, and such plans shall be recorded by the
person applying for such approval.
[Amended 6-12-2000 by Ord. No. 2000-10]
All roads and streets shown on the plan shall
be improved in accordance with the plans and specifications prescribed
by the Township Commissioners, whether by adoption of standard specifications
of the Pennsylvania Department of Transportation or otherwise.
All sewers, sewer laterals and sewer connections
shall be laid on all improved streets before paving where connection
with the Township sewers is practicable and shall be required by the
Township Commissioners, and all gas and water mains and all service
connections shall be laid before the paving of the streets where water
and gas is available, and all other mains, pipes and conduits and
the like shall be installed before paving of the cartway where it
is proposed to install any such service mains in the streets.
All applications for the approval of such plans
shall be in writing on a blank form to be furnished for that purpose
by the Township Commissioners, and signed by the owners of the property,
which must be filed with the Secretary of the Township, setting forth
in detail the character of the improvements to be made on the property
shown on the plan, in accordance with the provisions of this article,
and in such application the applicant shall agree to open, lay out
and improve the roads, streets, lanes or alleys, and to construct
all of the improvements including sewers and drainage facilities upon
the property, shown on the plan, within the time or times therein
specified, and agree to enter into a contract in writing prepared
by the Township Solicitor, to install, erect and construct the improvements.
In addition, the applicant shall furnish a certificate of a reputable
title insurance company satisfactory to Township Commissioners, which,
as of the date of approval, shall set forth the name or names of the
owner or owners of all property covered by such plans and shall show
and shall contain a list of all mortgages, judgments, liens, easements,
contracts and agreements of record in the office of the Recorder of
Deeds in and for Delaware County, Pennsylvania, which shall affect
the property covered by such plans. If said certificates of title
insurance company shall disclose that any such property shall be subject
to any mortgage, judgment, easement, lien, contract or agreement or
other matters of record, then at the option of the Township Commissioners
the holders or owners of such mortgages, judgments, liens, easements,
contracts or agreements shall be required to join in and approve said
application before the same shall be acted upon by the Township Commissioners.
The applicant shall furnish a bond in such amount, under such conditions
and form and with surety as shall be approved by the Township Commissioners,
to guarantee the performance of the contract and to secure the completion
of the improvements within the times therein specified and to guarantee
maintenance and repair of the road or improvement for one year after
completion. In lieu of a bond, the applicant may deposit cash to guarantee
performance of said contract and to secure completion and maintenance
of the improvements upon an escrow agreement to be prepared by the
Township Solicitor and approved by the Township Commissioners. The
escrow agent for the deposits of such cash shall be designated and
selected by the Township Commissioners.
All applicants shall bear all costs of legal
services and all costs of inspection of such roads, streets, lanes
or alleys and shall deposit with the Township Treasurer such sum as
the Township Commissioners shall determine to guarantee payment of
such costs; and applicant shall deposit, when application is filed,
a filing fee as set from time to time by resolution of the Board of
Commissioners, or such sum as the Commissioners shall by resolution
decide.
No action by the Township Commissioners shall
be construed to require the Township to accept dedication of any road,
street, lane or alley.
No building permit shall be granted to erect
or construct any building or structure on any land which abuts on
any road, street, lane or alley which has not been approved in accordance
with the provisions of this article.
