[Adopted 4-13-1993 by Ord. No. 88]
This article shall be known and referred to
as the "Road Ordinance of Brecknock Township."
This article is adopted pursuant to Section
1140.1 of the Second Class Township Code, 53 P.S. § 66140.1.
[Amended 4-9-2013 by Ord. No. 189-2013]
All terms used or implied in this article shall
have the meanings defined in the Brecknock Township Subdivision and
Land Development Ordinance, as amended from time to time.[1] Additionally, the following terms shall have the meanings
ascribed thereto, as follows:
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of motorized and
nonmotorized vehicular and pedestrian travel, and furnishing access
to more than one lot. This term shall include the terms avenue, boulevard,
road, highway, freeway, parkway, lane, alley, viaduct or any other
way used for similar purposes.
See "road."
The engineer appointed by the Board of Supervisors of Brecknock
Township.
[Amended 4-9-2013 by Ord. No. 189-2013]
Prior to any construction, building, opening
or dedication thereof, all plans for said road and/or drainage facilities
shall be submitted to the Board and shall comply with the requirements
and reflect the information required by those applicable provisions
of the Brecknock Township Subdivision and Land Development Ordinance,
as amended from time to time,[1] and shall comply with the requirements and reflect the information required by this article and any other ordinance of Brecknock Township. In the event of a conflict between the provisions of this article and those of the Brecknock Township Subdivision and Land Development Ordinance, or of any other ordinance of Brecknock Township, the more restrictive provisions shall control. All such plans shall show the typical street cross section in accordance with specifications, as adopted, attached to this article.[2]
[2]
Editor's Note: Drawings and details adopted as part of this article are included as an attachment to this chapter.
Five copies of all plans for roads and/or drainage
facilities shall be prepared and submitted to the Board, along with
payment of the fees as may be required by resolution of the Board.[1] The Board shall review said plans, and in the process
thereof, may refer them to the Township Engineer, Township Planning
Commission and the Lancaster County Planning Commission. In the event
any changes are required, the Board shall refer said plans back to
developer for revision in accordance with the specified changes. When
the plans are found to be in acceptable form, all copies shall be
executed by the Board, with the Board retaining one copy and delivering
all remaining executed copies to the developer.
[1]
Editor's Note: Current fees are on file and
available for inspection in the office of the Township Manager.
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 the this
article; provided, however, that the formal acceptance of any street,
and the execution of any documents related thereto, is reserved for
the Board.
All roads shall be constructed in accordance
with the following standards and specifications.
A.
Right-of-way and cartway widths. All right-of-way
and cartway widths shall comply with the provisions of this chapter
and the Brecknock Township Subdivision and Land Development Ordinance,
each as amended from time to time.[1]
[Amended 4-9-2013 by Ord. No. 189-2013]
B.
Road specifications. All roads shall be constructed
in accordance with the specifications unless a waiver is granted by
the Board of Supervisors as adopted by resolution of the Board. Said
specifications shall control as to the method of construction and
types of base course and paved surface.
C.
Curb improvements. Curbs shall be installed on both
sides of all proposed streets and along existing streets, if required
by the Board of Supervisors. Curbs improvements shall be installed
in accordance with the specifications provided in this article.
[Amended 4-9-2013 by Ord. No. 189-2013]
D.
Street and road widening standards.
[Amended 10-14-1997 by Ord. No. 117; 2-14-2006 by Ord. No.
155; 4-9-2013 by Ord. No. 189-2013]
(1)
Where a proposed subdivision or land development (or the expansion of an existing subdivision or land development, including a manufactured home park) abuts or has direct access to an existing public road, or where, because of the nature of the proposed subdivision or land development, an existing public road will be exposed to increased traffic, or where unacceptable levels of service per § 98-37B(14) of the Brecknock Township Subdivision and Land Development Ordinance will occur as a result of the proposed subdivision or land development, the landowner shall improve (or pay the cost of improving) the existing public road, including widening the same to the minimum standards below, without creating a dangerous condition and without creating unacceptable levels of service. This shall not be construed to preclude more-extensive improvements, if they are indicated by an approved traffic study prepared for the subject subdivision or land development per § 98-37 of the Brecknock Township Subdivision and Land Development Ordinance. The landowner shall dedicate additional rights-of-way to the Township to provide for safety, storm drainage and road maintenance.
(2)
Minimum right-of-way, cartway and shoulder widths
to be provided by the applicant or developer are as follows:
|
Street Classification
|
Right-of-Way2 Width
(feet)
|
Cartway 1,2 Width
(feet)
|
Shoulder2 Width
(Each Shoulder)
(feet)
| |
|---|---|---|---|---|
|
Major collector street3
|
60
|
24
|
6
| |
|
Minor collector street3
|
60
|
24
|
4
| |
|
Local street3
|
50
|
20
|
3
|
|
NOTES:
1This assumes no
parking is permitted along the street. An additional eight feet must
be provided for each parking lane if parking is required or permitted
by the Township.
| ||||
|
2Typically, where
a subdivision or land development abuts or has direct access to one
side of a street, 1/2 of the required right-of-way width and 1/2
of the required cartway width shall be provided from road center line,
along the side of the street abutted or accessed. One shoulder shall
be provided along that side of the street. Where unacceptable levels
of service and/or dangerous conditions are projected, the Township
may require widening to full right-of-way and cartway widths and construction
of a shoulder on each side of the street.
| ||||
|
3As defined by Brecknock
Township Ordinance No. 182-2012.[2]
| ||||
E.
Material certification. Prior to the release of the
financial security provided for herein, the Township Engineer may
require the developer to provide the Township with a statement of
certification from the contractor responsible for constructing the
streets and drainage facilities that all construction conforms to
Brecknock Township or Pennsylvania Department of Transportation specifications.
F.
Street signs.
[Amended 10-14-1997 by Ord. No. 117]
(1)
Street name signs shall be installed at all intersections,
and their design shall be approved by the Township. All signing shall
identify both intersecting streets. Regulatory signs, including, but
not limited to stop signs and speed limit signs, shall be installed,
at the sole expense of the developer, at all locations identified
by a traffic circulation study prepared by the developer and deemed
appropriate by the Board and shall conform to Penn DOT Specifications.
(2)
The posted speed limit shall be as approved by the
Board of Supervisors, based upon a speed study to be conducted by
the applicant’s traffic engineering consultant, which shall
be reviewed and approved by the Township Engineer.
[Amended 4-9-2013 by Ord. No. 189-2013]
G.
Regulatory signs. The applicant shall provide such
traffic studies regarding stopping, standing, parking, speed restrictions,
traffic control restrictions, traffic signals and weight, size and
load restrictions to determine the need and location of any regulatory
signs. The traffic studies shall be prepared in accordance with Pennsylvania
Department of Transportation Chapter 201, Engineering and Traffic
Studies. Regulatory signs shall be installed, at the sole expense
of the developer, at all locations identified in the traffic study
prepared by the developer and deemed appropriate by the Board and
shall conform to Township specifications.
H.
State highways. All streets intersecting a state highway
shall be subject to the approval of the Pennsylvania Department of
Transportation.
I.
Trench restoration. Where storm drainage and utility facilities are constructed in existing streets or lawn areas, those trenches shall be restored in accordance with the trench restoration details attached to this article.[3] Where storm drainage and utility facilities are constructed
in new developments, they shall be constructed in accordance with
the Details for Trench Restoration — Lawn Areas[4] with regard to depths of fine aggregate bedding, course
aggregate backfill, backfill material, trench width and compaction
requirements. The topsoil and seed should be replaced with the paving
section in the case of new construction.
[3]
Editor's Note: Said details are included as an attachment to this chapter.
[4]
Editor's Note: Said detail is included as an attachment to this chapter.
Notwithstanding the provisions of § 95-18 of this article, the Board may require and alter the method of construction, type of construction and/or require the utilization of any specific alternate where the physical characteristics of the land indicate that an alternative method shall be used in the opinion of the Board, where the roads or drainage facilities are to 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.
[Amended 10-14-1997 by Ord. No. 117; 4-9-2013 by Ord. No. 189-2013]
The completion of all improvements or guaranty of improvements
shall be as specified in the Brecknock Township Subdivision and Land
Development Ordinance, Article VI.[1]
[Amended 4-9-2013 by Ord. No. 189-2013]
The inspection of all improvements shall be as specified in
the Brecknock Township Subdivision and Land Development Ordinance,
Article VI.[1]
[Amended 11-13-2012 by Ord. No. 184-2012]
All 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
may 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. When 75% of the lots within the development are fully constructed
and possess issued certificates of use and occupancy from the Township,
final wearing course may be applied to the roadway, subject to the
approval of the Township Engineer. Any necessary repairs shall be
made to the existing roadway as directed by the Township Engineer
prior to the application of the final wearing course. The inspection
of all road construction is subject to the inspection and approval
of the Township Engineer.
[Amended 4-9-2013 by Ord. No. 189-2013]
As-built plans shall be provided as specified
in the Brecknock Township Subdivision and Land Development Ordinance,
Article VI.[1]
[Amended 11-13-2012 by Ord. No. 184-2012]
Following completion of the final wearing course
as approved by the Township Engineer, the developer may offer the
Township a deed of dedication, accompanied by a fee to cover recording
costs and costs of preparing the resolution of acceptance and recording
of the same. If the deed is found to be in proper order and there
are no violations of any provision of this article, the Board may,
at its sole discretion, adopt a resolution accepting the road and
shall execute the deed containing a notation that the road, or in
applicable cases, drainage facility, has been accepted for future
maintenance and repair. No road or, in applicable cases, drainage
facility shall be considered finally accepted by the Township until
the deed has been recorded and filed with the applicable offices for
filing for Lancaster County, Pennsylvania. Notwithstanding final acceptance
of the road or drainage facility, the developer shall remain responsible
for maintenance of the same, snow removal excepted, for a period of
18 months from the date of final acceptance.
Any person, firm or corporation, or the members
of such firm or the officers of such corporation, who or which shall
violate any provision of this article shall, upon conviction thereof,
be sentenced to pay a fine of not less than $50 nor more than $600,
plus the costs of prosecution, and/or to imprisonment for a term not
to exceed 30 days. Every day that a violation of this article continues
shall constitute a separate offense.
All fines collected for the violation of this
article shall be paid to the Treasurer of the Township for the general
use of the Township.
No roads or drainage facility shall be accepted
by the Township from any developer who has been found guilty of violation
of this article by a court of this commonwealth, whether of record
or not of record, from whom there remains unpaid any penalty or costs
for such violation.
In addition to the remedies provided in § 95-25 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.
