[Adopted 5-15-1995 as Ord. No. CXL]
The article shall be known and may be cited
as the "Mount Joy Township Road Ordinance."
This is enacted for the purpose of creating
conditions favorable to health, safety and general welfare of the
residents of Mount Joy Township (the "Township") by regulating and
prohibiting the opening, construction or dedication for public use
or travel of any road or street or any drainage facilities in connection
therewith, except in accordance with plans submitted to and approved
by the Township Supervisors.
The provisions of this article shall be held to be minimum requirements for the promotion of the above purposes. Where the provisions of this article impose greater restrictions than those of any other statute, ordinance or regulation, the provisions of this article shall be controlling. Where the provisions of any other statute, ordinance or regulation impose greater restrictions than this article, the provisions of such other statute, ordinance or regulation, including but not limited to the Pennsylvania Municipalities Planning Code, as amended, Chapter 135, Zoning, and Chapter 119, Subdivision and Land Development, as amended, shall be controlling.
A.
As used in this article, words that are expressed
in the singular include their plural meanings, and words expressed
in the plural include their singular meanings. The word "road" or
"street" is used generically and shall be construed as if followed
by the phrase "or part thereof." The word "may" is permissive, and
the words "shall" and "will" are mandatory.
B.
DEVELOPER
DRAINAGE FACILITY
MUNICIPALITIES PLANNING CODE
PERSON
ROAD
TOWNSHIP
TOWNSHIP ENGINEER
TOWNSHIP SUPERVISOR
WATERCOURSE
The following words and phrases, when used in this
article, shall have the meanings set forth in this section except
in those instances where the context clearly indicates otherwise:
Any person or authorized agent thereof for whom or which
subdivision or land development plans are being or have been made
or who or which proposes to construct or begins construction of a
road or street intended to become part of the street system of the
Township or intended for dedication to the public use. The term "developer"
shall also include the record owner of the property being developed
if such record owner is a different person.
A facility or physical improvement intended for use as or
designed to accept and/or dispose of stormwater run off.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq.
An individual, corporation, partnership, association, estate,
trust or other legally recognized entity and the officers of such
corporation and the members of such partnership or association.
Any road, street, alley or public thoroughfare, including
but not limited to roads or streets shown on a subdivision and/or
land development plan to be offered or dedicated to the Township in
the future as part of its public street system.
The Township of Mount Joy, Lancaster County, Pennsylvania.
The engineer appointed by the Township Supervisors of the
Township.
The Board of Supervisors of the Township.
All streams, creeks and drainage ditches.
No person shall construct, open or dedicate
any road or street or any drainage facilities in connection therewith
for public use or travel in the Township of Mount Joy or proceed with
any site grading or construction activities relating to a proposed
road or street without first submitting plans therefor in triplicate
to the Township Supervisors for their approval. The Township Supervisors
shall review said plans and, in the process thereof, may refer them
to the Township Engineer, the Township Planning Commission and the
Lancaster County Planning Commission. No road or street or drainage
facilities in connection therewith shall be constructed, opened or
dedicated for public use or travel, nor shall any site grading or
construction activities be commenced in connection therewith, except
in strict accordance with plans approved by the Township Supervisors.
[Anended 8-17-2015 by Ord. No. 297-2015]
A.
All such plans shall show the typical street cross section, the horizontal and vertical alignments, drainage facilities and intersection data, including radius returns and intersection angle. The storm drainage plans shall meet the requirements of Chapter 113, Stormwater Management. A subdivision or land development plan meeting the requirements of Chapter 119, Subdivision and Land Development, shall be acceptable, provided that all other information required by this article is also submitted.
B.
All roads and streets, where possible, shall connect with existing
roads and streets or proposed roads and streets so as to form as near
as possible through roads and streets 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 20 days prior to a regular meeting of the Township
Supervisors at which it is desired to seek approval thereof. Before
acting upon any such plans, the Township Supervisors may, in their
discretion, arrange for a public hearing after giving such notice
as they may deem desirable in each case.
The Township Supervisors reserve the right to
alter such plans and to specify any changes or modifications of any
kind, which they, in their discretion, may deem necessary with respect
thereto and to make their approval of such plans subject to any such
alterations, changes or modifications. The Township Supervisors shall
render a decision either approving or disapproving such plans within
90 days after the same are filed, provided that any disapproval of
the plans shall be issued within said ninety-day period containing
a brief explanation setting forth the reasons for the disapproval
and the manner, if any, in which the plans can be corrected and/or
modified to obtain the required approval. If no decision is rendered
on the plans within 90 days, the plans shall be deemed to be approved
unless the person requesting approval has agreed in writing to an
extension of time.
Any and all plans when so approved shall be
signed in duplicate by the Supervisors, and an approved duplicate
copy of such plans shall be recorded by the person applying for such
approval in the office of the Recorder of Deeds of Lancaster County.
[Amended 8-17-2015 by Ord. No. 297-2015]
A.
Earthmoving activities and street construction practices shall occur
in accordance with the erosion and sedimentation control plan as approved
by the Lancaster County Conservation District.
[1]
Editor's Note: Former § 116-24, Pavement widening;
curbing, was repealed 8-17-2015 by Ord. No. 297-2015.
Any person desiring or intending to construct
any road or street, or any drainage facilities in connection therewith,
shall first furnish the Township with an acceptable form of improvement
guaranty as prescribed by the Pennsylvania Municipalities Planning
Code, as amended.
A.
Any person subject to the provisions of this article shall, at the time plans are submitted to the Township Supervisors pursuant to § 116-18 hereof, deposit with the Township a fee as set forth by the Board of Supervisors from time to time by resolution to be applied by the Township to the legal, engineering, administrative, filing and recording costs incurred by the Township in furtherance of the review of such plans and/or the dedication of the street(s) to the Township. In addition, such person shall deposit an amount equal to 2% of the estimated cost of the street and drainage facilities (as determined in accordance with the procedures set forth in the Pennsylvania Municipalities Planning Code) with the Township Supervisors to be used to reimburse the Township for the expenses incurred to inspect such improvements.
B.
In the event that the funds deposited pursuant to
this section are insufficient to pay the applicable costs, the Township
shall bill such person for the additional costs. In the event that
said sum deposited is in excess of the applicable costs, the Township
shall refund such excess money without interest upon completion of
the work and the acceptance of the street(s) as part of the Township's
road system. The Board of Supervisors shall be authorized to withdraw
or use any such moneys deposited with the Township in order to pay
the aforesaid expenses.
C.
No plan will be reviewed and the construction of streets
or drainage facilities shall not begin until the sums required under
this section have been deposited with the Township. The funds to be
deposited must be in the form of cash, check or money order payable
to the Township.
D.
The Township may from time to time, by a resolution
of the Township Supervisors adopted at a regular or special meeting
thereof, modify the amount required to be deposited with the Township
pursuant to this section of this article.
Any person requesting the Township to accept the dedication of a road or street for public use or travel shall furnish the Township Supervisors with a maintenance guaranty in the amount and the form set forth in § 116-28, three (3) copies of a survey of the road or street and a deed of dedication containing an accurate description of the land to be dedicated for road purposes, together with evidence satisfactory to the Township Solicitor that title to said land is good and marketable and free of all liens and encumbrances.
No action by the Township Supervisors shall
be construed to require the Township to accept dedication of any road
or street, and no road or street shall be considered finally accepted
by the Township until the deed of dedication has been recorded and
the resolution of acceptance has been duly adopted and filed in the
manner required by the Second Class Township Code.[1] Notwithstanding final acceptance of any road or street
or any drainage facilities in connection therewith, the person who
offered the same for dedication shall remain responsible for the maintenance
thereof, snow removal excepted, for a period of eighteen (18) months
from the date of final acceptance and shall furnish the Township with
a letter of credit or with other security satisfactory to the Township
Supervisors in the amount of fifteen percent (15%) of the actual cost
of the installation of such improvements, guaranteeing the correction
of all defective work and material discovered during said eighteen-month
period.
[1]
Editor's Note: 53 P.S. § 65101 et
seq.
A.
The developer shall grant to the Township or its agents
access to the site of the work at all times while the streets and
drainage facilities are under construction for the purpose of inspecting
the work. The developer shall promptly correct any deficiencies noted
by the Township. The Township may require the developer to perform
tests (at the landowners' expense) to establish the adequacy of his
work.
B.
This article does not mandate periodic inspections
by the Township, and the actual performance of inspections shall not
be construed as acceptance of any portion of the work during construction.
A.
The developer shall be solely responsible for maintaining
the site of the work in a safe condition at all times. The developer
shall follow and shall ensure that its contractors and/or employees
follow all requirements for maintenance and protection of work set
forth in PennDOT Publication No. 203, Work Zone Traffic Control, as
such publication may be revised and supplemented from time to time.
Failure of the Township to notify the developer of any unsafe condition
shall not relieve the developer of his responsibility or liability.
B.
The developer shall perform or ensure the performance of all work without causing damage to the property of any other person. The developer shall be responsible for remedying any off-site damages, including but not limited to damages to existing Township streets, promptly to the satisfaction of the owner of such damaged property before final approval of the streets by the Township and release of any financial security posted by the developer to secure completion of the streets in accordance with article V of Chapter 119, Subdivision and Land Development, and § 116-25 of this article.
C.
The developer shall ensure that all Township streets
and rights-of-way abutting the construction site or otherwise used
by construction vehicles are maintained in a dirt-free, mud-free and
debris-free condition at all times during construction process. The
developer shall, upon notification from the Township, promptly remove
all dirt, mud or debris from Township streets. If the developer fails
to properly maintain existing Township streets or rights-of-way, the
Township may bill all of its costs incurred in the maintenance and
restoration of Township streets to the developer and recover such
sums as provided by law.
All improvements shall be constructed in strict
accordance with the approved plans, and no changes shall be made without
written approval of the Township. In addition, to the extent necessary,
any changes to plans shall be approved pursuant to the provisions
of the governing subdivision and land development ordinance.[1] All improvements shall be considered to be private improvements
for the benefit of the developer until such time as they have been
formally accepted by the Township by ordinance, resolution, deed or
other formal document. No responsibility of any kind with respect
to improvements shall be transferred to the Township until the improvements
have been formally accepted by the Township.
No person shall plow, cultivate, harrow, regrade
or in any way disturb the surface of the land within the rights-of-way
of any Township road or street without approval of plans and/or issuance
of permits as required by this article.
[Amended 8-17-2015 by Ord. No. 297-2015]
A.
Approval by Board of Supervisors. The provisions of this article
are intended as a minimum standard for the protection of the public
health, safety and welfare. If literal compliance with any mandatory
provision of this article is shown by the applicant, to the satisfaction
of the Board of Supervisors, to be unreasonable or to cause undue
hardship as it applies to a particular property, or if the applicant
shows that an alternative proposal will allow for equal or better
results, the Board of Supervisors may grant a waiver from such mandatory
provision so that substantial justice may be done and the public interest
secured while permitting the reasonable utilization of the property.
However, the granting of a waiver shall not have the effect of making
null and void the intent and purpose of this article. In granting
waivers, the Board of Supervisors may impose such conditions as will,
in its judgment, secure substantially the objectives of the standards
and requirements of this article.
B.
Approval by Planning Commission. When an application for a plan approval under this article is submitted as part of an application for approval of a subdivision or land development plan in accordance with Chapter 119, Subdivision and Land Development, the Mount Joy Township Planning Commission shall have the power to grant waivers for the reasons indicated in Subsection A.
A.
Any person, partnership or corporation who or which
shall construct, open or dedicate any road or street or any drainage
facilities in connection therewith, for public use or travel in this
Township, without having first complied with the provisions of this
article shall be guilty of a misdemeanor, and, upon conviction thereof,
such person or the members of such partnership or the officers of
such corporation responsible for such violation shall be sentenced
to suffer imprisonment not exceeding two years, or pay a fine not
exceeding $1,000, or both, in the discretion of the court.
B.
Any person, partnership or corporation who or which
shall violate any other provision of this article shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
less than $100 nor more than $600, and, in default of payment of the
fine, such person, the members of such partnership or the officers
of such corporation shall be liable to imprisonment for not more than
30 days. Each day that such violation shall continue, without being
remedied, shall constitute a separate offense.
In addition to the remedies provided in § 116-34 above, any continued violations of this article may be abated by proceeding against the violator in a court of equity for relief.
