Township of North Strabane, PA
Washington County
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Table of Contents
Table of Contents
[Ord. 147, 11/26/1985]
The Township of North Strabane hereby adopts the policy of accepting as many existing roads and/or streets as is possible into the road system.
[Ord. 147, 11/26/1985]
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 to determine whether or not the road has ever been formally accepted by resolution of the Board of Supervisors; whether the road or street is part of a subdivision which has been recorded in the Recorder's Officer of Washington 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 Supervisors 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.
[Ord. 147, 11/26/1985]
Must precede acceptance procedure. The Township shall not consider accepting a private road into the road system, effectuating the procedure outlined in § 502, 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.
[Ord. 147, 11/26/1985]
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 Township that the Board of Supervisors 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.
[Ord. 147, 11/26/1985]
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 Supervisors 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.
[Ord. 147, 11/26/1985]
Upon receipt of the information, secured pursuant to § 505 above, the Board of Supervisors 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 Supervisors shall establish the procedure to be followed and shall authorize the expenditure of such funds as may be necessary to carry out this procedure.
[Ord. 147, 11/26/1985]
In arriving at its decision, the Board of Supervisors 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.
[Ord. 147, 11/26/1985]
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 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.
[Ord. 147, 11/26/1985]
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 Supervisors 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.
[Ord. 147, 11/26/1985]
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 Supervisors 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.
[Ord. 147, 11/26/1985]
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.
[Ord. 147, 11/26/1985]
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.
[Ord. 147, 11/26/1985]
The Township of North Strabane, upon appropriate action by the Board of Supervisors, 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 Supervisors 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.
[Ord. 147, 11/26/1985]
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 feet 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.
[Ord. 147, 11/26/1985]
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.
[Ord. 147, 11/26/1985]
The Board of Supervisors shall also establish such other procedures and adopt such regulations as may be appropriate in the premises to effectuate the general intent of this Part.