This article is enacted for the purpose of creating conditions favorable to the health, safety, morals and general welfare of the residents of Sadsbury Township (the "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 Supervisors.
[Adopted 12-30-1981 by Ord. No. 1981-9]
A. BOARD DEVELOPER DRAINAGE FACILITY ROAD TOWNSHIP ENGINEER
Definitions. The following terms shall have the meanings ascribed thereto as follows:
The Board of Supervisors of Sadsbury Township, Chester County, Pennsylvania.
Any person, association, partnership or corporation, 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 Sadsbury Township or intended for dedication to public use.
A facility or physical improvement intended or designed to accept and/or dispose of stormwater runoff.
Any road, street, alley or public thoroughfare whether actually maintained by Sadsbury Township as part of its road system or whether shown on a subdivision or land development plan to be offered or dedicated to Sadsbury Township in the future as part of its road system.
The Engineer appointed by the Board.
B.
Word usage. 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 generically 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.
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, including but not limited to the Pennsylvania Municipalities Planning Code,[1] as amended, and Chapter 109, Subdivision and Land Development , as amended, impose greater restrictions than this article, the greater restrictions so imposed shall be controlling.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
No person, associate, partnership or corporation shall construct, build, open, dedicate or attempt to open or dedicate any road, street or drainage facility for public use, travel or usage in the Township of Sadsbury without first submitting plans therefor in triplicate to the Board or its duly designated representative for approval.
B.
All such plans shall be filed with the Township Secretary at least 10 days prior to a regular meeting of the Township Supervisors at which it is desired to seek approval thereof. Before acting upon any such plans, the Township Supervisors may, in their discretion, arrange for a public hearing, after giving such notice as they may deem desirable in each case.
Said plans for said roads, streets and/or drainage facilities shall be prepared and submitted to the Board in triplicate. The Board shall review said plans and, in the process thereof, may refer them to the Township Engineer, Township Planning Commission and the Chester County Planning Commission. In the event any changes are required, the Board shall refer said plans back to the developer for revisions in accordance with the specified changes. Such plans shall show the profiles of such roads, streets or alleys; the course, structure and capacity of any drainage facilities; the method of drainage of the adjacent or contiguous territory; and drainage profiles of the roads and property shown on the plans. Storm drainage plans meeting the requirements of Chapter 109, Subdivision and Land Development, as amended from time to time, shall also be submitted to the Township, together with calculations concerning the volumes and velocities of runoff and the size of drainage facilities. The minimum standards for drainage facilities and the maximum allowable runoff velocities shall conform to the requirements of Chapter 109, Subdivision and Land Development, as amended from time to time. A subdivision or land development plan meeting the requirements of Chapter 109, Subdivision and Land Development, as amended, shall be acceptable, provided that all other information required by this article is submitted to the Board of Supervisors. All roads and streets shall have a right-of-way width and a cartway width which meets the requirements of Chapter 109, Subdivision and Land Development. The Board of Supervisors may grant a variance from the provisions of this article when an existing right-of way and/or cartway is to be extended, and then only to the extent the connection of the proposed right-of-way and/or cartway will conform to the width of the existing right-of-way and/or cartway to be connected or extended. In any event, such reduced right-of way and/or cartway width shall not extend beyond the next intersecting roadway. All roads and streets or proposed roads and streets shall be planned, laid out and constructed so as to form as nearly as possible through roads and streets and to facilitate a harmonious and systematic development of the Township. The names of the roads and streets shall not conflict with the names of existing roads and streets, and all roads and streets shall be designated by the names of existing roads and streets with which they connect as extensions thereof.
The Township Supervisors reserve the right to alter such plans and to specify any changes or modifications of any kind which they, in their discretion, may deem necessary with respect thereto, and to make their approval of such plans subject to any such alterations, changes or modifications. The Township Supervisors shall render a decision either approving or disapproving such plans within 60 days after the same are filed, provided that any disapproval of plans shall be issued within said sixty-day period containing a brief explanation setting forth the reasons for the disapproval and the manner, if any, in which the plans can be corrected and/or modified to obtain the required approval. If no decision is rendered on the plans within 60 days, the plans shall be deemed to be approved unless the person requesting approval has agreed in writing to an extension of time.
No work shall be initiated on any road, street or drainage facility until the plans therefor have been finally approved by the Board and executed indicating said approval.
All roads, streets or alleys shown on the said plans shall be constructed and improved in accordance with Chapter 109, Subdivision and Land Development.
A.
The base shall not be covered until it is inspected and given approval by the Township Supervisors or their designated representative.
B.
The paved surface shall consist of hot-mixed, hot-laid asphalt concrete (ID-2). The wearing course shall conform to Pennsylvania Department of Transportation regulations regarding the skid-resistance level (SRL) for the traffic volume anticipated.
C.
Any street where the wearing course is scheduled to be placed more than 14 days after the base course and/or binder have been placed shall have a tack coat applied unless, in the opinion of the Township Engineer or designated Township official, the previous courses remain sufficiently tacky to bond the topcoat material.
D.
In the event a sinkhole, swampy or wet area is encountered in the construction of said street, the roadway shall be so constructed that the danger of said roadway sinking, cracking or otherwise being weakened by such conditions is completely removed.
E.
The shoulder of said roadway shall be a minimum of six feet wide, shall have been graded and rolled and gutters shall have been so constructed that the normal surface water will be properly carried therein without any surface water running across the roadway. In the event that the drainage of surface water will require the installation of pipes, storm sewers, drains, water boxes and grates or other improvements in order to properly carry such surface water from the premises, the person constructing the same shall be required to lay said pipes, storm sewers, drains, water boxes and grates or other improvements to take care of such surface water in the manner required by Chapter 109, Subdivision and Land Development, as amended from time to time.
F.
The installation of pipes, storm sewers, drains, water boxes and grates or other improvements and the installation of the necessary headwalls or the extension of any pipes or other improvements shall be so constructed as to not be damaged by the persons using said road.
G.
If existing land is regraded which alters an existing watercourse or changes the direction of existing flow, whether or not the tract of land is shown on a subdivision or land development plan, the owner shall be responsible for the installation of storm drainage facilities needed due to such change.
H.
Except to the extent that any provisions of this section are inconsistent therewith, all roads, streets and alleys shall be constructed so that all work and materials conform to the requirements of the latest edition of the Pennsylvania Department of Transportation Form 408.
A.
Notwithstanding the provisions of § 105-8, the Board reserves the right and privilege to alter the method of construction where the physical characteristics of the land indicate, where roads, streets, or drainage facilities will be constructed in a commercial or industrial development or where an existing Township road is being relocated at the request and expense of the developer.
B.
Where a proposed subdivision fronts on an existing Township road, or where, because of the nature of the proposed subdivision, the existing Township road will be exposed to such increased traffic that the same may, in the opinion of the Township, cause the existing Township road to be damaged or destroyed beyond normal wear and tear, the Board reserves the right to require the developer to improve, including widening, said existing road, so as to enable said road to be able to accept said increased traffic without causing damage or destruction beyond normal wear and tear to said existing road.
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 that the adverse effect of stormwater runoff and/or the adverse effect to the roadbed and/or road surface may be minimized by such changes.
A.
At the time of initiation of construction, the developer shall notify the Township Secretary so that appropriate Township officials may inspect the road, street or drainage facility during construction. The Township shall be notified two days in advance of the intended date of construction of the base so that the subgrade may be inspected. The Township shall be notified one day in advance of the intended date of construction of the paved surface so that the base course may be inspected. Upon completion of the construction, the Township shall be notified so that the finished road may be inspected. If found satisfactory, the developer shall be so notified, but said road, street or drainage facility shall not be deemed accepted for future repair and maintenance by the Township until the provisions of this section are complied with. If, after the final inspection is made, deficiencies in the method of construction are determined, the deficient work shall immediately be corrected by the developer. The Township, at developer's expense, reserves the right to require tests of the road to determine whether the road complies in all respects with the approved plans as modified, if applicable.
B.
No provisions of this section shall be construed as mandating periodic inspections, and the undertaking of periodic inspections shall not be construed as an acceptance of the work during construction or as a final inspection of the construction.
At such time as the construction of the road is found to meet all requirements of this article and the approved plans as modified, if applicable, the developer, prior to offering the road for dedication, shall submit to the 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.
A.
Any person requesting the Township to accept the dedication of a road, street or alley for public use or travel shall deposit a filing fee with the Township, which fee shall be as established or amended from time to time by resolution of the Board of Supervisors for each road, street or alley to be dedicated, to cover inspection costs, the cost of preparing the resolution of acceptance, filing fees, recording fees and other expenses necessary for the Board of Supervisors to accept land dedicated for road purposes pursuant to Section 2316 of the Second Class Township Code, 53 P.S. § 67316, as amended. Such person shall at the same time furnish the Board of Supervisors with a maintenance guaranty as hereafter provided, five copies of a plan of the road, street or alley and a deed of dedication containing an accurate description of the land to be dedicated for road purposes, together with evidence satisfactory to the Township Solicitor that title to said land is good and marketable and free of all liens and encumbrances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
No action by the Board of Supervisors shall be construed to require the Township to accept dedication of any road, street or alley.
C.
No road, street or alley shall be considered finally accepted by the Township until the deed of dedication has been recorded and the resolution of acceptance has been duly adopted and filed in the manner required by the Second Class Township Code. Notwithstanding final acceptance of any road, street or alley or any drainage facilities in connection therewith, the person who offered the same for dedication shall remain responsible for the maintenance thereof, snow removal excepted, for a period of one year from the date of final acceptance, and shall furnish the Township with a maintenance bond from a surety bonding company authorized to do business in the Commonwealth of Pennsylvania, or with other security satisfactory to the Board of Supervisors, guaranteeing the correction of all defective work and material discovered during said one-year period.
To guarantee satisfactory construction and installation of the road, street or drainage facility, the Board reserves the right to require the developer to finish a performance bond or other security satisfactory to the Township in an amount equivalent to 100% of the estimated cost of construction as determined by the Township. The bond shall be kept in effect by the developer until the road is finally accepted by the Township pursuant to § 105-13 above. The failure to keep said bond in effect until final acceptance of the road by the Township shall constitute a violation of this article, subjecting the developer to the penal provisions of § 105-16.
The Board may designate the Township Engineer to act on its behalf in the approval of all plans, the making of all inspections and the granting of all approvals required by this article; provided, however, that the formal acceptance of any road and the execution of any documents related thereto are reserved to the Board.
[Amended by Ord. No. 1996-2]
Any person violating the provisions of this article or any regulation promulgated hereunder or violating the terms of any permit issued shall, upon finding of such violation in a civil proceeding before a Magisterial District Judge, suffer judgment of not more than $600 plus cost and attorneys' fees incurred by the Township in the enforcement proceedings and any appeals filed from such judgment.
In addition to the remedies provided in § 105-16 above, any continued violation of this article which shall constitute a nuisance in fact or which shall in the opinion of the Board create a nuisance may be abated by proceeding against the violator in a court of equity for relief.