This chapter shall be known and may be cited as the "West Donegal
Township Road and Sidewalk Ordinance of 2015."
This chapter is enacted for the purpose of creating conditions
favorable to the health, safety, morals, and general welfare of the
residents of West Donegal Township by regulating and prohibiting the
opening, construction or dedication for public use or travel of any
road, street or alley, or any drainage facilities in connection therewith,
except in accordance with plans submitted and approved by the Township
Board of Supervisors and regulating the installation and maintenance
of curbs and sidewalks. This chapter is enacted in accordance with
the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The following words and phrases, when used in this chapter,
shall have the meanings ascribed to them in this chapter, except in
those instances where the context clearly indicates otherwise. As
used in this chapter, words expressed in the singular include their
plural meanings, and words expressed in the plural include their singular
meanings.
Any person, as hereinafter defined, who submits an application
for a permit.
The Board of Supervisors of West Donegal Township, Lancaster
County, Pennsylvania.
January 1 through December 31, inclusive.
Soil cement, plain cement concrete, or reinforced cement
concrete.
The person who or which installs a driveway, including all
agents, officers or employees of said person.
Actual expenditures incurred by the Township for labor, equipment
and materials, including, without limitation, all fringe benefits
and overheads.
A fee paid by the permittee to the Township to defray a percentage
of the costs for resurfacing the reconstruction of Township roads
resulting from the depreciation of roads associated with road openings.
Any person or his, their or its authorized agent, for whom
subdivision or land development plans are being, or have been, made,
or who proposes to construct or begins construction of a road intended
to become a part of the road system of the Township or intended for
dedication to the public use.
A facility or physical improvement intended or designed to
accept and/or dispose of stormwater runoff.
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property for a
single residential unit of occupation.
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life or property or for the restoration or
continuance of a public utility or other public service.
A fee paid by the permittee to the Township to defray road
opening inspection costs.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10101
et seq.
Any municipal authority created, in whole or part, by the
Board under the Pennsylvania Municipality Authorities Act,[2] as amended, to administer a revenue-producing public enterprise.
The owner of record of a parcel of land located within the
Township.
The Pennsylvania Department of Transportation and any agency
successor thereto.
A permit issued by the Township to signify approval of a
driveway connection or other construction work.
A fee paid by the permittee to the Township to cover the
costs of issuing, processing, and filing the street opening permit.
Any person who has been issued a permit and who shall have
by acceptance thereof agreed to fulfill any provisions of this chapter.
Any individual, firm, partnership, corporation, association,
or other entity and the officers of such corporation or firm and the
members of such partnership or association which is recognized by
law as the subject of rights and duties.
The entire right-of-way of a road, street, alley or public
thoroughfare whether actually maintained by the Township as part of
its road system or whether shown on a subdivision or land development
plan and intended to be offered or dedicated to the Township in the
future as part of its road system.
Any utility company, excluding municipal authorities, licensed
by the Public Utility Commission of the Commonwealth of Pennsylvania.
For real property with a single unit of occupancy, any person
who is the owner of the real property or who occupies real property
as a tenant, lessee, or otherwise. For real property with multiple
units, the responsible party shall be the owner of the real property.
That portion of the public road right-of-way reserved for
sidewalks.
The engineer appointed by the Board.
A permanent topographic feature, whether natural or man-made,
with a bed and banks, that serves to gather and convey flowing surface
water, such as a permanent or intermittent stream, river, creek, brook,
swale, drainage ditch, and which is measured by width of the channel
during normal high water.
