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.
