This article shall be known and may be cited as the "East Hanover
Township Road Ordinance."
This article is enacted for the purpose of creating conditions
favorable to the health, safety and general welfare of the residents
of East Hanover Township (the "Township") by regulating and prohibiting
the opening, construction or dedication for public use or travel of
any road or street, or any drainage facilities in connection therewith,
except in accordance with plans submitted to and approved by the Township
Supervisors.
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 statute,
ordinance or regulation, the provisions of this article shall be controlling.
Where the provisions of any other statute, ordinance, or regulation
impose greater restrictions than this article, the provisions of such
other statute, ordinance, or regulation, including, but not limited
to, the Pennsylvania Municipalities Planning Code, as amended, Chapter
250, Zoning of the East Hanover Township Code, and the Lebanon County Subdivision and Land Development Ordinance, shall be controlling.
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 partnership, as well
as an individual. The word "street" is used generally and shall be
construed as if followed by the phrase "or part thereof." The term
"watercourse" includes drainage ditch and stream. The word "may" is
permissive; and the words "shall" and "will" are mandatory. In addition,
the following terms shall have the meanings indicated:
AASHTO
American Association of State Highway and Transportation
Officials.
AASHTO GREEN BOOK
The current edition of A Policy in Geometric Design of Highways
and Streets as published by AASHTO.
ACCESS DRIVE
An improved cartway designed and constructed to provide for
vehicular movement between a public road or private street and the
off-street parking and/or loading for any use other than one single-family
dwelling unit or farm.
APPLICANT
A developer and/or landowner, as hereinafter defined including
here is, successors, and assigns, who has filed an application for
a street improvement permit.
CARTWAY
The surface of a street, drive, or alley available for vehicular
traffic.
CUL-DE-SAC
A local street open at one end only and has a special turning
area at the closed end.
DEDICATION
The deliberate appropriation of land by its owner for general
public use.
DEGRADATION FEE
A fee paid by the permittee to the East Hanover Township
to defray a percentage of the costs for resurfacing the reconstruction
of Township streets resulting from the depreciation of streets associated
with street openings.
DESIGN SPEED
The speed that is five miles per hour greater than the proposed
posted speed limit.
DEVELOPER
Any person, firm, corporation, or other legally recognized
entity for whom subdivision or land development plans have been prepared
or who constructs or proposes to construct a road intended to become
part of the Township road system or intended for dedication to the
public use.
DRAINAGE FACILITY
A facility or physical improvement intended or designed to
accept and/or dispose of stormwater runoff.
DRIVEWAY
An improved cartway designed and constructed to provide vehicular
movement between a public road or private street and a tract of land
serving one single-family dwelling unit or a farm.
LANDOWNER
The legal, beneficial, equitable owner or owners of land,
including the holder of an option or contract to purchase (whether
or not such option or contract is subject to any conditions), a lease
(if authorized under the lease to exercise the rights of the landowner),
or another person having a proprietary interest in the land.
MPC
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq., as currently amended.
PennDOT
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
PERMITTEE
Any person who has been issued a permit and who shall have
by acceptance thereof agreed to fulfill any provisions of this article.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street,
alley, pedestrian way, or for other public or private use.
STREET, PRIVATE
A street not accepted for dedication by the Township. "Street"
shall include a legally established right-of-way.
STREET, PUBLIC
The entire right-of-way of the "public street," public highway,
public alley, public road or public easement within the Township limits.
Excluding the designated curb and sidewalk areas.
TOWNSHIP
The East Hanover Township, Lebanon County, Pennsylvania,
acting by and through its Board of Supervisors or other agents.
No person, partnership, association or corporation shall construct,
open or dedicate any road or street, or any drainage facilities in
connection therewith, for public use or travel in the Township of
East Hanover or proceed with site grading or construction activities
relating to a proposed road or street without first submitting plans
therefor in triplicate to the Board of Supervisors for their approval.
The Board of Supervisors shall review said plans, and in the process
thereof, may refer them to the Township Engineer, the Township Planning
Commission and the Lebanon County Planning Department. No road or
street, or drainage facilities in connection therewith, shall be constructed,
opened or dedicated for public use or travel nor shall any site grading
or construction activities be commenced in connection therewith except
in strict accordance with plans approved by the Board of Supervisors.
The use of alleys is limited to providing a secondary means
of access to the side and/or rear of those lots with street frontage
and designed to discharge through traffic. Alleys shall conform to
the following standards:
A. A lot, which utilizes an alley, shall maintain frontage along a public
or private street.
B. An application that proposes alleys shall be accompanied by an agreement
which shall be recorded with the Final Plan and which shall establish
the conditions under which the alleys will be maintained.
C. The Final Plan for recordation with the Recorder of Deeds shall include
a plan note, which identifies:
(2) The
recorded maintenance agreement; and
(3) A
notification that the alleys do not qualify for dedication to the
Township and that the Township will not assume any responsibility
for their maintenance.
D. The cartway of all alleys shall be provided and constructed in accordance with the specifications for local streets as stated in §
179-22.
E. The vertical and horizontal alignments of alleys shall conform to the specifications for local streets as stated in §
179-22 respectively.
F. Alley intersections shall conform to the specifications for local streets in §
179-22.
G. No part of any structure shall be located within 30 feet from the
cartway edge of an alley.
H. Any alley that forms a cul-de-sac shall not exceed 400 feet in length,
measured from the center line intersection of a street or private
street, which is not a cul-de-sac. Alley culs-de-sac, which do not
terminate in a parking compound, shall be provided at the terminus
with a fully paved turnaround. The turnaround shall be designed with
an eighty-foot paved diameter.
I. Alley maintenance. The final plan shall contain a note, which states
that the alley shall not be offered for dedication and shall be privately
maintained.
(1) If an alley is to be for the common use of two or more properties,
the applicant shall provide for the maintenance of such alley. The
applicant shall provide for private maintenance through the formation
of the homeowner's association or through the setting forth of the
maintenance responsibilities in easement in the deeds to the lots,
which have the right to use the alley. If a homeowners' association
is formed, a document setting forth the maintenance responsibilities
of such association and the right of such association to assess lots
within the development shall be recorded at the same time as the final
plan is recorded. All such documents shall be in a form acceptable
to the Township Solicitor.
(2) All persons who shall purchase a lot abutting or having the right
to use an alley shall be given a copy of the final plan and, if a
homeowners' association has been formed, shall be given a copy of
all such documents relating to the maintenance responsibilities of
such homeowners' association.
Shall conform to the following requirements:
A. The cartway of all access drives shall be constructed in accordance with the specification for local streets as stated in §
179-22.
B. Access drives do not require a specific right-of-way; however, the
following standards for cartway width shall apply:
Cartway Width
|
---|
Function
|
Minimum
(feet)
|
Maximum
(feet)
|
---|
One lane
|
12
|
14
|
Two lanes
|
20
|
28
|
Three lanes
|
30
|
40
|
C. The vertical and horizontal alignments of access drives shall conform to the specifications for local streets as stated in §
179-22.
D. Access drive intersections shall conform to the specifications for local streets as stated in §
179-22.
E. No part of any structure shall be located within 30 feet from the
cartway edge of an access drive.
F. Access drives which form a cul-de-sac shall not exceed 1,000 feet
in length, measured from the center line intersection of a street
or private street, which is not a cul-de-sac. Access drive culs-de-sac,
which do not terminate in a parking compound, shall be provided at
a terminus with a fully paved turnaround. The turnaround shall be
designed with an eighty-foot paved diameter.
At such time as the construction of the road is found to meet
all necessary requirements and the approved plans, as modified, shall
submit to Board one Mylar as-built plan of the road which shall form
a part of the permanent records of the Township. The plan shall be
prepared using a scale of one inch equals 50 feet horizontal and one
inch equals 10 feet vertical, unless another scale is approved in
writing by the Township.
Notwithstanding the provisions of this article, the Board reserves
the right and privilege to alter the method of construction, type
of construction and/or require the utilization of a specified alternate
where the physical characteristics of the land indicate, where roads,
streets, or drainage facilities will be Township road is being relocated
at the request and expense of the developer.
All streets, roads, and drainage facilities shall be constructed
in strict accordance with the approved plans and no changes shall
be effectuated unless the same receive the written authorization of
the Board. Notwithstanding the provisions of this section, the Board
reserves the right to require changes during the construction stage
where on-site conditions, in the opinion of the Board or its duly
designated representative, indicate the adverse effect of stormwater
runoff and/or the adverse effect to the roadbed and/or road surface
may be minimized by such changes.