[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.
