This chapter completely amends the rules, regulations and standards
governing the improvement and construction of public streets and roads within
the Township of Middle Smithfield, Monroe County, Pennsylvania, and the procedures
to be followed by the developer of any public street or road and the Middle
Smithfield Township Board of Supervisors in applying, administering and amending
these rules, regulations and standards as set forth in the ordinance formerly
adopted December 23, 1985.
This chapter shall be known and may be cited as the "Middle Smithfield
Township Public Street and Road Regulations, Ordinance Number Thirty-Three."
[Amended 2-11-2003 by Ord. No. 119]
Except as hereinafter provided, no person shall construct, open or dedicate
a street or road for public use or travel, nor shall any street or road be
offered to the Township of Middle Smithfield or proposed for dedication to
the Township, unless plans are submitted and approved, and the street or road
is improved and/or constructed, in complete conformity with the provisions
of this chapter. Nothing in this chapter shall be deemed or construed to require
the Township to accept the dedication of any street or road at any time.
After just and due consideration of their experience with the unsupervised
and often careless improvement and construction of roads proposed for dedication
to the Township, the Middle Smithfield Township Board of Supervisors find
that these regulations are necessary to prevent poor road construction that
often results in added and unnecessary expense to the Township due to breakdown
of the poorly constructed and/or improved streets and roads after dedication
to the Township.
This chapter is hereby adopted to guide and regulate the minimum improvement
and/or construction standards of all streets and roads within the Township
of Middle Smithfield that are offered or are proposed to be offered for dedication
to the public and further requires that plans and designs of all said roads
shall be submitted to the Middle Smithfield Township Board of Supervisors
prior to any improvement or construction activities and includes provisions
for the following:
A.
Provisions for the harmonious, orderly and efficient
development of all public streets and roads within the Township.
B.
Provisions for the coordination of proposed streets and
roads with any and all existing streets and roads.
C.
Provisions for the submitted and processing of plans.
D.
Specifications for such plans.
E.
Provisions for governing the layout of such plans relative
to street and drainage design, easements and rights-of-way.
F.
Provisions for the construction and use of streets subject
to environmental and/or other hazards.
G.
Provisions establishing standards for the improvement
and construction of streets and roads.
H.
Provisions for the administration of this chapter by
the Middle Smithfield Township Board of Supervisors.
The type of street or road improvement and construction required by
this chapter is considered reasonable for regulatory purposes and is based
upon previous scientific study and experience by the Pennsylvania Department
of Transportation and by Middle Smithfield Township. This chapter shall not
create liability on the part of Middle Smithfield Township or any officer
or employee thereof for damages that result from reliance on this chapter,
any amendment thereto or any administrative decision lawfully made thereunder.
