[Adopted 1-5-1955 by Ord. No. 6]
No person shall construct, open or dedicate
any road or any drainage facilities in connection therewith for public
use or travel in the Township of Lower Salford, unless plans thereof
have first been submitted to the Township Supervisors for their approval
and unless said construction, opening or dedication is in strict accordance
with plans approved by the Township Supervisors or with further plans
subsequently approved by them, in manner provided hereinafter, nor
until such plan and the approval thereof has been recorded as hereinafter
provided.
A.
Such plans shall be prepared in accordance with such
rules and regulations as may be prescribed by the Township Supervisors.
Such plans shall show:
(1)
The profiles of such roads, showing grades, cuts and
fills.
(2)
The course, structure and capacity of any drainage
facilities.
(3)
The method of drainage of the adjacent or contiguous
territory.
(4)
Cross sections of paving indicating depth and type
of each course.
(5)
Names of all roads.
(6)
Road widths.
(7)
Locations of all existing and proposed gas, water
and electric and other mains, pipes and conduits.
(8)
All other improvements and utilities to be installed
or erected thereon.
(9)
Any other further details that may be required under
the rules or regulations adopted by the Township Supervisors.
B.
Requirements for roads.
(1)
All roads shall have a right-of-way width of not less
than 33 feet and a cartway width of not less than 16 feet, except
that roads for the sole purpose of ingress and egress on foot or in
vehicles to and from a garage or parking space shall have only a cartway
width of not less than 12 feet. The Township Supervisors reserve the
right to require greater widths, at the time plans are approved.
(2)
All roads shall, wherever possible, connect with existing
roads or officially approved proposed roads.
(3)
All roads which connect with existing roads so as
to form continuances or extensions thereof shall be not less in width
than such existing roads, unless otherwise permitted by the Township
Supervisors.
(4)
The names of proposed roads shall not conflict with
the names of existing roads and shall be the same as the names of
existing roads of which they are extensions.
All plans, together with applications for approval
thereof, shall be in writing and shall be filed in duplicate with
the Township Secretary at least 10 days prior to the regular meeting
of the Township Supervisors at which it is desired that such plans
be considered.
Before acting upon any such plan, the Township
Supervisors may, in their discretion, hold a public hearing thereon,
after giving such notice as they deem desirable in each case.
The Township Supervisors may alter such plans
and specify any changes or modifications of any kind which they, in
their discretion, may deem necessary with respect thereto and may
make their approval of such plans subject to any such alterations,
changes or modifications. Approval of plans by the Township Supervisors
shall not obligate or require the Township to take any action regarding
the roads indicated thereon.
All plans when so approved shall be signed in
duplicate on behalf of the Township by the Township Supervisors, and
an approved duplicate copy shall be filed with the Township Secretary,
who shall make the same available to public inspection.
Where the Township Supervisors shall refuse
to approve any plans submitted to them in accordance with this article,
any person aggrieved by the action of the Supervisors may, within
30 days after such action, appeal therefrom by petition to the Court
of Quarter Sessions of Montgomery County. The Court shall hear the
matter de novo and, after hearing, may enter a decree affirming, reversing
or modifying the action of the Township Supervisors as may appear
just in the circumstances. The Court shall designate the manner in
which notices of the hearing of any such appeal shall be given to
all parties interested. The decision of the Court shall be final.
The action of the Township Supervisors, or of
the court on appeal, in approving any such plans and an approved duplicate
copy of such plans shall be recorded by the person applying for such
approval in the office of the Recorder of Deeds of Montgomery County.
Before the applicant shall undertake the construction
of any improvements subject to the provisions of this article, he
shall enter into a contract, in writing, with the Township, in which
he shall agree to perform the work described in the plans in strict
accordance with the plans as finally approved by the Township Supervisors.
In addition, the applicant shall furnish a bond, in such amount and
with such surety as shall be approved by the Township Supervisors,
to guarantee the performance of the contract. In lieu of a bond, the
applicant may deposit cash to guarantee performance of said contract
upon an escrow agreement and with an escrow agent approved by the
Township Supervisors.
If any road or any drainage facilities in connection
therewith shall be opened, constructed or dedicated for public use
or travel except in strict accordance with plans approved and recorded
in accordance with the provisions of this article, neither the Township
Supervisors nor any public authorities shall place, construct or operate
any sewer, drain, water pipe or other facilities or do any work of
any kind in or upon such road; and neither the Township Supervisors
nor any other public authorities shall have any responsibility of
any kind with respect to any such road or drainage facilities, notwithstanding
any use of the same by the public; provided, however, that nothing
herein contained shall prevent the laying of trunk sewers, drains,
water or gas mains if required by engineering necessity for the accommodation
of other territory.
Fees to defray the costs of inspection shall
be paid by the applicant at the time application for approval of plans
is made. The amount of each fee shall be determined according to a
general fee schedule to be adopted by resolution of the Township Supervisors,
and all such fees shall be paid into the Township Treasury.
Nothing contained in this article shall be held
to restrict or limit the State Department of Highways or Montgomery
County in the exercise of their duties, powers and functions.
[Amended 8-4-1982 by Ord. No. 82-8; 9-19-1996 by Ord. No.
96-3; 6-3-1998 by Ord. No. 98-4; 11-18-1999 by Ord. No. 99-16]
Any person, persons, copartnership or corporation
who or which shall construct, open or dedicate any road or any drainage
facilities in connection therewith for public use or travel in this
Township without having first complied with this article shall be
subject to a criminal fine not to exceed $1,000 per violation and
imprisonment of such person or persons or the members of such copartnership
or the officers of such corporation responsible for such violation
in the Montgomery County Correctional Facility to the extent allowed
by law for the punishment of summary offenses. Enforcement of any
such violations shall be by action brought before a District Justice
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. A separate offense
shall be committed for each 90 days or fraction thereof that a violation
persists.
