[Adopted 8-14-1989 by Ord. No. 16-1989 as Ch. 21, Part 3,
of the 1989 Code]
The Township of Robinson hereby adopts the policy of accepting
existing roads and/or streets improved to Township specifications
into the road system.
Where a given road which has been heretofore classified or referred
to as a "private road" is to be considered for acceptance into the
road system, an initial investigation shall be conducted by the Township
of Robinson to determine whether or not the road has ever been formally
ordained or accepted by the Board of Commissioners; whether the road
or street is part of a subdivision which has been recorded in the
Recorder's Office of Allegheny County with dedications and/or
releases of damages; or whether the road or street has, in fact, been
used on a regular basis by the public, giving rise to an acceptance
by implication and by public use. After this investigation has been
completed, a recommendation shall be made as to whether or not the
road can be incorporated into the road system. If the investigation
establishes that legal impediments exist which prevent the acceptance
of the road or street or which may give rise to damages in the event
the road or street is accepted, the Board of Commissioners may, if
it feels such action is appropriate, authorize and allocate funds
necessary to acquire the necessary consents, waivers, rights-of-way
or releases which will alleviate the legal impediments and enable
the Township to accept the road or street into the road system.
The Township of Robinson shall not consider accepting a private road into the road system effectuating the procedure outlined in §
245-44 unless it shall receive a petition which requests the acceptance of the street involved into the road system and which was executed by a majority of the property owners who abut on the street or portion of street which is being considered for acceptance.
Even though the acceptance of private roads as public roads
may ultimately result in the expenditure of Township funds, the overall
objective is of such importance to the growth of the Township that
the Board of Commissioners shall be authorized to allocate from the
general funds such amounts as may be necessary to implement the project,
and such funds may be used to acquire deeds of dedication, easements
and rights-of-way, to obtain releases and waivers of damage in order
to remove the legal impediments preventing the acceptance of a given
street, or for any other purpose so required.
The Township shall treat the proposed street or road which is
to be incorporated into the road system on an individual basis and
shall investigate the facts surrounding the issue of whether the Township
has a legal basis for accepting the road and/or street into its road
system. The Board of Commissioners shall then request the Solicitor
to make a recommendation as to the appropriate legal approach which
can be utilized to accomplish this objective, together with an estimate
of the possible damages and costs involved in taking over specific
individual roads and/or streets involved.
Upon receipt of the information, secured pursuant to §
245-47 above, the Board of Commissioners shall make a definitive decision whether, in light of the legal problems and the estimated costs involved, the road and/or street shall be further considered for acceptance. If an affirmative decision is reached, the Board of Commissioners shall establish the procedure to be followed and shall authorize the expenditure of such funds as may be necessary to carry out this procedure.
In arriving at its decision, the Board of Commissioners may
authorize the Township Engineer and the Township Solicitor to review
each proposed road, considering, among other things, the costs of
improving the street and/or road and of acquiring the necessary deeds
of dedication, easements, rights-of-way, releases and waivers of damages.
Whenever appropriate, all of the costs of accepting the road
and/or street into the road system, including, but not necessarily
limited to, the legal fees, the engineering charges, the costs of
securing and recording appropriate deeds of dedication, easements,
rights-of-way, releases and waivers of damages, together with such
other administrative expenses as may result, shall be apportioned
equitably against all involved property owners pursuant to law and
consistent with the Township's established policy. If this is
not possible because of legal impediments or is otherwise not feasible,
then and in that event such amounts as may be necessary may be appropriated
out of the general fund to accomplish these objectives.
When the acceptance of a particular road and/or street may be
based upon an implied acceptance by public user, the appropriate municipal
officials shall determine such facts as are available and the Board
of Commissioners shall either hold a public hearing or place the matter
on the agenda of one of its regular meetings, at which time documentation
and evidence may be introduced into the record on the issue. Township
residents and interested parties may offer such evidence as appropriate,
and an overall determination shall be made as to whether there has
been an implied dedication of acceptance by public user which will
authorize legal acceptance of the road and/or street into the road
system.
The procedure which shall be adopted for considering whether
to accept a particular street and/or road into the road system shall
conform in all respects, except as otherwise specifically outlined
herein, to the procedure utilized in considering curative amendments
submitted to the Board of Commissioners pursuant to § 609.1
of the Pennsylvania Municipalities Planning Code, 55 P.S. § 10609.1
et seq., as far as hearings, the production of documents, the taking
of testimony and the submission of evidence are concerned.
In the event a hearing is held or the matter is placed on the
agenda, a verbatim record will be made of all testimony and comments,
and all documentation shall be appropriately marked as exhibits and
kept in a separate file pertaining to the road and/or street involved.
Any street, road or part thereof dedicated for acceptance under
this part into the road system shall comply with the minimum requirements
of the Pennsylvania Department of Transportation covering the allocation
of liquid fuel tax receipts and the standards promulgated therewith.
The Township of Robinson, upon appropriate action by the Board
of Commissioners, may grade, curb, gutter, pave or otherwise improve
with suitable materials any public street, road or part thereof laid
out and opened in the Township, accepted by formal resolution or declared
in appropriate proceeding to be a public road by virtue of public
user. Such work may be done by Township employees or by contract,
as the Board of Commissioners shall determine. No street, road or
any part thereof shall be improved under the provisions of this part
except by petitions of a majority of the owners of property abutting
on the street or road or part thereof proposed to be improved.
The costs and expenses of any such improvement may be collected
from the owners of the real estate abutting on such street, road or
part thereof by an equal assessment on the foot front. Such assessment
shall be estimated by the Township Engineer. If this standard of assessment
is impracticable, or for any reason inequitable, the Township Engineer
shall adopt such other method of assessment as may be legally acceptable
and equitable in the premises.
Prior to improving any street, road or part thereof, an investigation
shall be conducted by the Township Engineer to determine the possible
existence of utility lines under the street, road or part thereof
proposed to be improved, and the said street, road or part thereof
shall not be improved unless or until appropriate steps are taken
to either remove the utility lines or to otherwise alleviate the problem
in a manner satisfactory to the Township Engineer.
The Board of Commissioners shall also establish such other procedures
and adopt such regulations as may be appropriate to effectuate the
general intent of this part.