[Adopted 8-14-1950[1]]
[1]
Editor's Note: This ordinance appeared in Ch. XVI, Part 1B,
of the 1953 Code of Ordinances.
A.
OPEN
PERSON
STREET
The following words and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates or requires a different meaning:
When used in reference to any street, includes the opening,
grading, construction, paving and/or resurfacing.
Includes any natural person, firm, association or corporation.
Includes any street, highway, lane, road or alley.
B.
The singular shall include the plural, and the masculine shall include
the feminine.
A.
No person shall open or dedicate any street for public use or travel
or any drainage facility in connection therewith in the Borough without
first submitting a suitable plan thereof to the Borough Council for
its approval in accordance with the following rules and regulations:
(1)
Such plan shall be dated and shall contain the name of the person
preparing the plan and the owner of the property.
(2)
Such plan shall show courses and distances of all streets, together
with the size of lots and any building restrictions in effect.
(3)
Such plan shall show a total area and also the area of each drainage
section.
(4)
Such plan shall show the profile of every street, the course, structure
and capacity of drainage facilities and the method of drainage of
the adjacent and contiguous territory.
(5)
Such plan shall show details whereby every proposed street is to
connect to streets adopted by the Borough and shall show the connecting
plans for drainage facilities along the proposed streets and those
of the Borough.
(6)
Such plan shall show all unusual conditions existing, either as to
grades, obstructions, streams, public utility facilities or any other
feature, and shall give such further details as the Council may require.
(7)
Upon application therefor, a public hearing may, at the discretion
the Council, be arranged for by the Borough authorities after giving
such notice as the Council may deem desirable in each case.
B.
No plan shall be approved by the Council until at least three weeks
after its first presentation at a Council meeting.
The Borough Council shall have the power to alter any such plan
and to specify any changes or modifications of any kind which it,
in its discretion, may deem necessary with respect thereto and may
make its approval of any such plan subject to any such alterations,
changes or modifications.
[Amended 4-6-1987 by Ord.
No. 943; 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
Any plan, when so approved by the Council, shall be signed on
behalf of the Borough Council by the Borough Council President and
the Borough Secretary. The owner of said plan, within seven days of
Borough approval and signature, shall also have same recorded within
the Dauphin County Recorder of Deeds office. A complete, full-size
copy of the approved, recorded plan shall be provided to the Borough
for filing and be available for public inspection.
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
If any street or drainage facility in connection therewith shall
be constructed or dedicated for public use or travel except in strict
accordance with a plan approved by the Council or by the Court on
appeal as provided by law, neither the Borough Council nor any other
public authority shall have any responsibility of any kind in respect
to such street or drainage facility, notwithstanding any use of the
same by the public; provided, however, that nothing herein contained
shall prevent the construction or installation of utilities if required
by engineering necessity for the accommodation of other territory.
[Amended 10-4-2022 by Ord. No. 1392, approved 10-4-2022]
Every new street in any building development shall be constructed
at the cost, expense and liability of the person promoting, sponsoring,
constructing, developing or erecting such building development, and
the Borough shall not hereafter be required to accept any street until
it shall have been so constructed, inspected and determined to meet
the approved plan, applicable ordinances and standards.
