No person shall construct, open or dedicate any road, street, lane or alley, or drainage facilities in connection therewith, for public use or travel, in the Township of Whitemarsh, except in strict accordance with plans which have been submitted to and approved by the Township Supervisors.
Such plans shall be in conformity with Chapter 105, entitled "Subdivision and Land Development."
All roads and streets shall be improved in accordance with the specifications prescribed.
All plans, together with an application for the approval thereof, shall be filed in duplicate with the Township Secretary at least 10 days prior to the regular meeting of the Township Supervisors at which it is desired that such plans be considered.
The Township Supervisors reserve the right to specify such alterations, changes or modifications of plans as they deem necessary and may make approval of such plans subject to such alterations, changes or modifications. Prior to taking action on any plans, the Township Supervisors may hold a public hearing thereon after giving such notice as they deem desirable in each case. No approval of plans by the Township Supervisors shall obligate or require the Township to construct, reconstruct, maintain, repair or grade roads indicated thereon.
All plans and specifications, when approved, shall be signed on behalf of the Township by the Township Supervisors, and an approved copy shall be filed with the Township Secretary, who shall make such copy available for public inspection.
Where the Township Supervisors shall refuse to approve any plans submitted to them in accordance with this article, any person aggrieved by the action of the Supervisors may, within 30 days after such action, appeal therefrom by petition to the Court of Common Pleas of Montgomery County. Such appeal shall be heard de novo, and after hearing the Court may enter a decree affirming, reversing or modifying the action of the Township Supervisors. The Court shall designate the manner in which notices of the hearing of any such appeal shall be given to all parties interested. The decision of the Court shall be final.
All plans approved by the Township Supervisors or by the Court on appeal shall be recorded by the person applying for such approval in the office of the Recorder of Deeds of Montgomery County.
Before the applicant shall undertake the construction of any improvements subject to the provisions of this article, he shall enter into a performance contract in accordance with Chapter 105, entitled "Subdivision and Land Development."
If any road or any drainage facilities in connection therewith shall be opened, constructed or dedicated for public use or travel except in strict accordance with plans approved and recorded in accordance with the provisions of this article, neither the Township Supervisors nor any public authorities shall place, construct or operate any sewer, drain, water pipe or other facilities or do any work of any kind in or upon such road; and neither the Township Supervisors nor any other public authorities shall have any responsibility of any kind with respect to any such road or drainage facilities, notwithstanding any use of the same by the public; provided, however, that nothing herein contained shall prevent the laying of trunk sewers, drains or water or gas mains if required by engineering necessity for the accommodation of other territory.
Fees to defray the costs of inspection shall be paid by the applicant at the time application for approval of plans is made. The amount of such fee shall be determined according to a general fee schedule adopted by resolution of the Township Supervisors, and all such fees shall be paid into the general fund of the Township Treasury.
Nothing contained in this article shall be held to restrict or limit the State Department of Highways or Montgomery County in the exercise of its duties, powers and functions.
[Amended 12-8-1988 by Ord. No. 565]
Any person or persons, corporation, partnership or other entity whatsoever violating any of the provisions of this article shall, upon conviction, be sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such costs and prosecution, imprisonment for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.