[Ord. 4, 5/8/1959, § 1]
This article is enacted for the purpose of creating conditions
favorable to health, safety, morals and general welfare of the inhabitants
of the Township by regulating and prohibiting the opening, construction
or dedication for public use or travel of any road, street, lane or
alley or any drainage facilities in connection therewith, except in
accordance with plans submitted and approved by the Township Supervisors.
[Ord. 4, 5/8/1959, § 2]
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 Part or
regulations, the provisions of this article shall be controlling.
Where the provisions of any other Part or regulations impose greater
restrictions that this article, the provisions of such other Part
or regulation shall be controlling.
[Ord. 4, 5/8/1959, § 3]
This article shall be known and may be cited as the "Plumstead
Township Road Part of 1959."
[Ord. 4, 5/8/1959, § 4]
As used in this article, words expressed in the singular include
their plural meanings, and words expressed in the plural include their
singular meanings. The word "person" includes a corporation, its responsible
officers, an unincorporated association, and a copartnership, as well
as an individual. The word "street" is used generically and shall
be construed as if followed by the phrases "or part thereof." The
term "watercourse" includes drainage ditch and stream. The word "may"
is permissive; and the words "shall" and "will" are mandatory.
[Ord. 4, 5/8/1959, § 5]
The following words and phrases, as used in this article, shall
have the meanings indicated below, except when such meanings are clearly
out of context:
A right-of-way, generally no wider than 22 feet, providing
service access to the side or rear of lots.
The portion of a street or alley intended for vehicular use.
The flow of water or liquid waste and the methods of directing
such flow, whether natural or artificial.
A right granted for the use of private land for certain public
or quasi-public purposes; also the land to which such a right pertains.
A strip of land which is intended primarily as a means of
vehicular and pedestrian circulation which may also be used as a space
for sewers, public utilities, shade trees, and sidewalks.
[Ord. 4, 5/8/1959, § 6]
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, without first submitting plans therefor to the Township
Supervisors 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 Supervisors.
[Ord. 4, 5/8/1959, § 7]
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 roads, and plan showing drainage of the whole
property, and the size of the lots, which shall conform to the requirements
of the Bucks County Planning Commission. All roads and streets shall
have a right-of-way width of not less than 50 feet; the cartway shall
be not less than 26 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 near as
possible through roads and streets and a harmonious and systematic
development of the Township. 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.
[Ord. 4, 5/8/1959, § 8]
All such plans shall be filed with the Township Secretary at
least 10 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.
[Ord. 4, 5/8/1959, § 9]
The Township Supervisors 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.
[Ord. 4, 5/8/1959, § 10]
Any and all plans, when so approved, shall be signed by the
Supervisors and shall be filed in the office of the Secretary of the
Township, where the same shall be available to public inspection.
[Ord. 4, 5/8/1959, § 11]
The action of the Township Supervisors in approving any such
plans shall be endorsed in writing upon said plans, and such plans
shall be recorded by the person applying for such approval within
30 days after the date of said approval.
[Ord. 4, 5/8/1959, § 12]
All roads and streets shown on the said plans shall be improved
in accordance with the specifications prescribed by the Township Supervisors.
[Ord. 4, 5/8/1959, § 13]
All storm sewers and other drainage facilities shall be laid
on all improved streets before paving where connection with existing
drainage facilities is practicable and shall be required by the Township
Supervisors, and all gas and water mains and all service connections
shall be laid before the paving of the streets where water or 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.
[Ord. 4, 5/8/1959, § 14]
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
Supervisors and signed by the owners of the property and 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 said 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 storm 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 said improvements.
In addition, the applicant shall furnish a certificate of a reputable
title insurance company, satisfactory to Township Supervisors, 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 Bucks County, Pennsylvania, which shall affect
the property covered by such plans. If said certificates of a 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 Supervisors
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
Supervisors. The applicant shall furnish a bond in such amount, under
such conditions and forms, and with surety as shall be approved by
the Township Supervisors, to guarantee the performance of the said
contract and to secure the completion of the said improvements within
the times therein specified. In lieu of a bond, the applicant may
deposit cash to guarantee performance of said contract and to secure
completion of the improvements upon an escrow agreement to be prepared
by the Township Solicitor and approved by the Township Supervisors.
The escrow agent for the deposits of such cash shall be designated
and selected by the Township Supervisors.
[Ord. 4, 5/8/1959, § 15; as amended by Ord. 2004-07, 12/7/2004, § 1]
All applicants shall bear all costs of inspection of such roads,
streets, lanes or alleys and shall deposit with the Township Secretary
such sum as the Township Supervisors shall determine to guarantee
payment of such costs, and the applicant shall deposit a filing fee
in an amount as established from time to time by resolution of the
Board of Supervisors when the application is filed or such sum as
the Supervisors shall be resolution decide.
[Ord. 4, 5/8/1959, § 16]
No action by the Township Supervisors shall be construed to
require the Township to accept dedication of any road, street, lane
or alley.
[Ord. 4, 5/8/1959, § 17; as amended by Ord. 97-4-15, 4/15/1997, § 2; and by Ord. 2004-07, 12/7/2004, § 1]
Any person, copartnership or corporation who or which shall
open or dedicate any street, sanitary sewer, storm sewer, or water
main for public use or travel or for the common use of occupants of
buildings abutting thereon, without having first complied with the
provisions of this article, upon conviction thereof in an action brought
before a Magisterial District Judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000,
plus costs, and, in default of payment of said fine and costs, to
a term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
