[Adopted 4-16-1952 by Ord. No. 781]
No person, firm or corporation shall hereafter construct, open
or dedicate any street, alley or other thoroughfare or any drainage
facilities in connection therewith for public use or travel in the
Borough of Hanover without first complying with the conditions, rules,
regulations and procedures hereinafter set forth in this article.
Any person, firm or corporation desiring to construct, open
or dedicate any street, alley or other thoroughfare (hereinafter referred
to as highways) or any drainage facilities in connection therewith
for public use or travel in the Borough of Hanover, shall, prior to
the doing of any overt act in connection with said construction, opening
or dedication, prepare and submit to the Borough Council for its approval
plans and specifications thereof, setting for the following:
A.
The date when prepared, the name of the person, firm or corporation
by whom prepared, and the names and addresses of all persons owning
land to be dedicated or taken for such street, alley or thoroughfare,
or abutting thereon, or which will be affected by any drainage facilities
in connection therewith.
B.
The details whereby the proposed highways shall connect to existing
highways of the Borough, the courses, distances and profiles thereof
and any and all conditions affecting grades, obstructions, streams
and drainage.
C.
The details of existing public utility facilities, of proposed public
utility facilities, and the means and methods whereby the latter shall
connect to existing public utility facilities of the Borough and of
public utilities operating within the Borough.
D.
The courses, structures and capacities of proposed and existing drainage
facilities and the means and method whereby the same shall connect
to existing drainage facilities.
E.
The methods, materials and means whereby the vehicular portions of
the proposed highways shall be improved.
F.
Such further and additional information as the Borough Council may
request.
In addition to the plans required to be submitted to the Borough Council under the provisions of § 316-3 hereof and prior to the approval thereof, the person, firm or corporation submitting the same shall also submit to the Borough Council an agreement or agreements, in form satisfactory to the Borough Council and executed by all such persons, firms and corporations as the Borough Council may require, providing:
A.
That the highways and drainage facilities described in said plans,
if and as approved by the Borough Council, will be constructed, opened
and dedicated in strict conformity with such plans, as finally approved
and subject to such changes as the Borough Council may require therein
prior to approval.
B.
That the Borough shall not be liable for any damages for or by reason
of the construction, opening and dedication of such highways and drainage
facilities, in accordance with said plans as finally approved by the
Borough Council.
The Borough Council shall not approve the plans for any such
proposed highway unless the same shall provide for the construction
therein from gutter to gutter of a seven-inch-deep base of Number
4 stone filled with Number 2 stone, on top of which shall be laid
a bituminous penetration surface course conforming strictly to all
the requirements as to materials, methods and workmanship of Section
175 of Pennsylvania Department of Transportation Specifications, promulgated
January 1941, which said Section 175 is entitled "Bituminous Surface
Course, CP-2"; provided, however, that nothing herein shall prevent
the Borough Council from requiring construction of said proposed highways
in a manner superior to the kind of construction herein described.
No highway or any drainage facilities in connection therewith shall be approved by the Borough Council unless and until the agreement referred to in § 316-4 of this article shall provide, inter alia:
A.
That within 18 months after the approval thereof by the Borough Council,
said highways shall be improved in the manner required by said plans
as finally approved.
B.
That prior to the performance of the work prescribed in § 316-6A, there shall be laid in the bed of said highways main lines for all such public utility facilities as shall be required by the plans of such highways, as finally approved by the Borough Council, all such facilities to be installed and all ditches and holes resulting therefrom backfilled and tamped in such a manner as the Borough Manager, under applicable laws of the Commonwealth of Pennsylvania and ordinances of this Borough, shall require.
[Amended 4-18-1956 by Ord. No. 893]
Prior to the approval of any plans required to be filed under the provisions of this article, the person, firm or corporation requesting such approval shall file with the Borough Secretary his, their or its bond to the Borough, with corporate surety, conditioned for the faithful performance of all agreements and undertakings required to be made and entered into by the provisions of this article, or shall deposit a certified check with the Borough Secretary, payable to the Borough of Hanover, which said bond or certified check shall be in an amount equal to the estimated cost of the work required by the agreement referred to in § 316-4 of this article, as fixed and determined by the Borough Manager; provided, however, that if the person, firm or corporation requesting approval of such plans presents satisfactory evidence that there has been deposited with the owner or operator of any utility service an amount of money estimated by such owner or operator to cover the cost of the necessary construction of such utility service required by such plans, then the bond or certified check shall be reduced by the amount so deposited with such owner or operator of such utility service.
Upon written application therefor by any person, firm or corporation
presenting plans pursuant to this article, the Borough Council will
grant a public hearing in reference thereto, after such public notice
thereof as the Borough Council may deem reasonable.
Nothing contained in this article shall prevent the Borough
Council, on its initiative, from opening or accepting any highway,
nor the laying of trunk sewers, drains, water or gas mains if required
or deemed desirable for the comfort, safety, health and convenience
of the public.
