Hereafter, all plans for streets and/or roads to be offered for dedication
within the corporate limits of the Township of Middle Smithfield shall be
submitted to the Board of Supervisors and shall be reviewed by the Middle
Smithfield Township Planning Commission, when requested, and other Township,
county and/or state officials and/or agencies as deemed necessary or advisable
by the Township Board of Supervisors and shall be approved or disapproved
by the governing body in accordance with the procedures set forth in this
article.
[Amended 2-11-2003 by Ord. No. 119]
The purpose of this article is to set forth procedures to be followed
by the applicant and the township relative to the submission, review, and
approval or disapproval of streets and/or roads proposed for construction,
opening or dedication for public use or travel.
[1]
Editor's Note: Former § 162-13, Submission of a petition
for adoption, was repealed 2-11-2003 by Ord. No. 119.
[Amended 2-11-2003 by Ord. No. 119]
Copies of the proposed street or road plan and all required supporting
data shall be officially submitted to the Township Secretary. Any and all
material submitted to Middle Smithfield Township for review shall become the
property of the Township and shall not be returned except as this chapter
provides.
A.
Street or road plan filing fee. The Township Secretary
shall collect a plan filing fee as established by resolution of the governing
body for all street and/or road plans submitted for review by the Township.
B.
Street or road plan submission. All street or road plans
must be submitted to the Township Secretary complete with the required number
of copies of all plans and documents at least five days prior to the Board
of Supervisors regularly scheduled meeting. If the submittal is complete,
the Secretary shall accept the plan submittal and forward it to the Board
of Supervisors for acceptance at their regularly scheduled meeting.
C.
Official date of street or road plan submission. The
official date of the street or road plan submission shall be determined as
follows:
(1)
At the first regularly scheduled meeting of the Board
of Supervisors following the submission to the Township Secretary of the required
number of copies of all documents included in the street or road plan submittal,
the Board of Supervisors shall examine the submittal to determine that all
documents are complete and in proper form.
(a)
If the submittal is not complete or not in the proper
form, the applicant shall be notified of the deficiencies and the submittal
shall be rejected until the deficiencies are corrected and/or submitted, then
examined again at the next regularly scheduled or special meeting after the
resubmittal of the same.
(b)
If the submittal is complete and acceptable, the Chairman
of the Board of Supervisors shall complete an official submission receipt
listing the date of the meeting as the official date of the street or road
plan submission and forward it to the applicant.
D.
Types of submittals. Official submittal of a street or
road plan shall be classified as follows, and submittals shall be in accordance
with the referenced articles and subsections of this chapter.
E.
Official submission for review of a street or road plan submitted in accordance with Article VI. Official submission for review of a street or road plan submitted in accordance with Article VI [Subsection D(1) above] shall be comprised of the following items:
(1)
The original and six copies of the plan review application
completed and signed.
(2)
Seven legible paper prints of the plan of the proposed street or road complied in accordance with Article VI.
(3)
Six legible paper prints of the center-line profile of
the proposed street or road.
(4)
Six legible paper prints of the stormwater management
and/or drainage plan for the proposed street or road (including all stormwater
runoff quantity and velocity calculations).
(5)
Six legible paper prints of the erosion and sedimentation
control plan for the proposed construction of the said street or road (including
a narrative of procedures for implementation of the plan).
(6)
Six copies of all offers of easement access and covenants
governing the reservation and maintenance of all undedicated areas.
(7)
Six copies of all other documents, data, information,
plans and/or specifications requested by the Township.
F.
Distribution of a street or road plan submitted in accordance with Subsection E above. The Township Secretary shall refer the street or road plan and supporting data as submitted under Subsection E, after all fees have been collected, to the following:
(1)
Middle Smithfield Township Board of Supervisors: the original of item E(1) and one copy of items E(2), (3), (4), (5), (6) and (7) as listed in Subsection E above.
(2)
Middle Smithfield Township Engineer and/or Township Planning Commission consultant: one copy of items E(1), (2), (3), (4), (5), (6) and (7) as listed in Subsection E above.
(3)
Middle Smithfield Township Roadmaster: one copy of items E(1), (2), (3), (4), (5), (6) and (7) as listed in Subsection E above.
(4)
Middle Smithfield Township Planning Commission: one copy of items E(1), (2), (3), (4), (5), (6) and (7) as listed in Subsection E above.
(5)
Monroe County Conservation District: one copy of items E(1), (2), (3), (4) and (5) as listed in Subsection E above.
G.
Official submission for review of a street or road plan submitted in accordance with Article VII. Official submission for review of a street or road plan submitted in accordance with Article VII [Subsection D(2) above] shall be comprised of the following items:
(1)
The original and four copies of the plan review application
completed and signed.
(2)
Five legible paper prints of the plan of the street or
road.
(3)
Four legible paper prints of the center-line profile
of the street or road.
(4)
Four legible paper prints of the stormwater management
and drainage plan of the street or road (including all stormwater runoff quantity
and velocity calculations).
(6)
Five copies of all offers of easement access and covenants
governing the reservation and maintenance of all undedicated areas.
(7)
Five copies of all other documents, data, information,
plans and/or specifications requested by the Township.
H.
Distribution of a street or road plan submitted in accordance with Subsection G above. The Township Secretary shall refer the street or road plan and supporting data as submitted under Subsection G, after all fees have been collected, to the following:
(1)
Middle Smithfield Township Board of Supervisors: the original of item G(1) and one copy of items G(2), (3), (4), (5), (6) and (7) as listed in Subsection G above.
(2)
Middle Smithfield Township Engineer and/or Township Planning Commission Consultant: one copy of items G(1), (2), (3), (4), (5), (6) and (7) as listed in Subsection G above.
(3)
Middle Smithfield Township Roadmaster: one copy of items G(1), (2), (3), (4), (5), (6) and (7) as listed in Subsection G above.
A properly submitted street or road plan shall be reviewed, commented
on and approved, disapproved or rejected in the following manner:
A.
Review by the Township Engineer and/or the Township Planning
Commission consultant. The Township Engineer and/or the Township Planning
Commission consultant shall review the street or road plan to determine its
conformance with this chapter and with good engineering and safety standards.
(1)
The Township Engineer and/or the Township Planning Commission
consultant may recommend changes, alterations or modifications as they pertain
to engineering and/or safety of the prospective street or road users.
(2)
The report of the Township Engineer and/or the Township
Planning Commission consultant shall be in writing and shall be submitted
to the Township Supervisors prior to the regularly scheduled or special meeting
at which the street or road plan is to be considered by the Board.
B.
Review by the Township Roadmaster. The Township Roadmaster
shall review the street or road plan to determine that any and all maintenance
problems are kept to a minimum. The comments of the Township Roadmaster shall
be in writing and shall be submitted to the Township Supervisors prior to
the regularly scheduled or special meeting at which the street or road plan
is to be considered by the Board.
C.
Review by the Township Planning Commission. The Township
Planning Commission shall, when required or requested to do so, review the
street or road plan and submit comments as follows:
(1)
When a street or road plan has been officially submitted,
such plan shall be reviewed by the Commission at its next regularly scheduled
meeting or at a special meeting which may be held prior thereto.
(2)
The comments of the Township Planning Commission shall
be in writing and shall be submitted to the Township Supervisors prior to
the regularly scheduled or special meeting at which the street or road plan
is to be considered by the Board.
D.
Reviews from outside the Township. Official action by
the Township Board of Supervisors on a proposed street or road plan with respect
to reviews from outside the Township shall be as follows:
(1)
The Monroe County Conservation District. The soil erosion
and sedimentation control plan must be found adequate by the Monroe County
Conservation District prior to the final approval of a proposed street or
road plan and a copy of the letter of adequacy submitted to the Township.
E.
Review and action on a street or road plan by the Township
Board of Supervisors. The Township Board of Supervisors shall review and consider
a properly submitted street or road plan that has been commented on by the
appropriate parties and agencies and take action as follows:
(1)
When a street or road plan has been officially submitted
and commented on by the appropriate parties and agencies, the plan shall be
reviewed at the first regularly scheduled meeting after all required comments
have been received or at the discretion of the Supervisors at a special meeting,
which may be held prior to the scheduled meeting.
(2)
The Township Board of Supervisors shall review the street
or road plan, all required data and information submitted, the written reports
of the Township Engineer and/or the Township Planning Commission consultant,
the Township Roadmaster, the comments and/or recommendations of the Township
Planning Commission, if applicable, and any comments of the Monroe County
Conservation District, if applicable and if received, prior to taking action
on the street or road plan. The Township Supervisors may require or recommend
such changes and modifications they may deem necessary or advisable and in
the public interest.
(3)
Before acting on any street or road plan, the Supervisors
may hold a public hearing thereon, after the appropriate public notice, if
they deem it necessary or advisable.
(4)
When the review and consideration of the street or road
plan has been completed by the Board of Supervisors, the decision and reasons
therefor shall be noted on a plan action report which shall be dated and signed
by the Chairman of the Board of Supervisors. The Board of Supervisors shall
render its decision and notify the applicant within 90 days from the date
of the official plan submission. Failure of the Supervisors to render a decision
within the time and in the manner prescribed shall be deemed an approval of
the plan as submitted unless the applicant has agreed, in writing, to waive
or extend the time limits.
(5)
When the application is disapproved, the plan action report shall specify defects found in the application and/or plan, describe the requirements which have not been met and shall, for each defect found or requirement not met, cite the section or subsection of the ordinance relied upon. The applicant may, if he so desires, resubmit the portions of the application that have been revised or changed to address the cited defects and/or requirements. The resubmission shall be accompanied by a new fee to cover the rereview expenses and a new ninety-day action period shall begin with the Township's acceptance as specified in § 162-14C of the resubmission.
(6)
When the application is approved subject to minor modifications
and/or corrections, the applicant shall make the modifications and/or corrections
and submit four paper prints and one print on a stable base Mylar or similar
reproducible material for final signatures.
(7)
When the application is approved as submitted, the Supervisors
shall endorse four paper prints and one print on a stable base Mylar or similar
reproducible material.
(8)
The endorsed and sealed four paper prints and one Mylar
print shall be distributed as follows:
(a)
The Mylar print and one paper print shall be maintained
in the Township records.
(b)
One paper print shall be forwarded to the applicant or
his representative.
(c)
One paper print to the Township Roadmaster for his files.
(d)
One paper print to the Township Engineer or the Township
Planning Commission consultant.
(9)
Approval of the application shall in no way be deemed or construed
as an acceptance by the Township of any offer of dedication of the street
or road, nor commit or require the Township to accept an offer of dedication
of the street or road, nor shall approval of the application obligate or require
the Township to construct, reconstruct, maintain, repair or grade the street
or road.
[Added 2-11-2003 by Ord. No. 119]
F.
Dedication of a street or road. After the street or road
plans have been approved and the construction and/or improvements of the street
or road have been completed and approved as required by this chapter, the
applicant may submit the following to the Board of Supervisors:
[Amended 2-11-2003 by Ord. No. 119]
(1)
One original and four copies of a resolution for accepting
the street or road as a public thoroughfare using the form in Appendix D of
this chapter.[1] The resolution shall include a complete plan of the street or
road drawn on one or more eight-and-one-half-inch by fourteen-inch sheets
at a scale of one inch equals 100 feet depicting the center-line bearings,
distances and radii and the bearings, distances and radii of the dedicated
rights-of-way and easements.
[1]
Editor's Note: Said form and Appendix D are on file in the Township
offices.
(2)
One original and four copies of a completed and executed
deed of dedication in form and substance acceptable to the Board of Supervisors
and the Township Solicitor, ready for recording by the Township. The deed
of dedication shall include a complete plan of the street or road drawn on
one or more eight-and-one-half-inch by fourteen-inch sheets at a scale of
one inch equals 100 feet depicting the center-line bearings, distances and
radii and the bearings, distances and radii of the dedicated rights-of-way
and easements.
[Added 2-11-2003 by Ord. No. 119]
(4)
If the Township Solicitor deems it necessary or advisable,
the submission will include one original and two copies of a release of damages
signed by all affected adjacent property owners in such form as approved by
the Solicitor.
(5)
A title insurance commitment issued by a title insurance company,
and in form, substance and amount, acceptable to the Board of Supervisors
and the Township Solicitor insuring the title of the Township to the road
and street proposed to be dedicated, subject only to such conditions and exceptions
as are acceptable to the Board of Supervisors. The cost/premium for said title
insurance, including the final policy, shall be the sole responsibility of
the applicant.
[Added 2-11-2003 by Ord. No. 119]
G.
Review of a final submission for dedication of a street
or road. The final submission for dedication of a street or road shall be
distributed and reviewed as follows:
(1)
One copy of items A, B, C and D shall be forwarded to
the Township Solicitor who shall examine all documents for proper form and
legality and, if he deems necessary, shall comment to the Board of Supervisors
on his findings.
(2)
One copy of items A, B and C shall be forwarded to the
Township Engineer and/or the Township Planning Commission consultant for review
and comments.
(a)
The Township Engineer and/or the Township Planning Commission
consultant shall review the plans attached to the above items and shall comment
in writing to the Board of Supervisors.
(b)
The Township Engineer's and/or the Township Planning
Commission consultant's comments shall be forwarded to the Board of Supervisors
prior to the regularly scheduled or special meeting at which the dedication
of the street or road is to be considered.
H.
Decision concerning offer of dedication. After receipt and consideration
of the foregoing, as well as consideration of such additional matters and
information as the Board of Supervisors deems appropriate, the Board will
make a determination whether or not to accept the offer of dedication. There
is no requirement that the Board of Supervisors accept said offer of dedication,
and said offer of dedication shall be deemed to remain open until either formally
denied by the Board of Supervisors or receipt by the Board of Supervisors
of a written notification of withdrawal of the offer of dedication by the
applicant.
[Added 2-11-2003 by Ord. No. 119]
I.
Recording and receipt. If an offer of dedication is accepted
by the Board of Supervisors, the applicant shall, at the applicant's sole
cost and expense, promptly make the statutorily required filings with the
Monroe County Recorder of Deeds and the Clerk of the Court of Common Pleas;
shall promptly provide to the Township receipts evidencing such recording
and the original of the recorded deed of dedication; and shall also provide
the Township with the final title insurance policy insuring the Township's
interest with respect to said street or road within 90 days after the date
of recording.
[Added 2-11-2003 by Ord. No. 119]
All offers for dedication of any street or road shall be accompanied
by an improvements guaranty and a maintenance agreement in accordance with
the following requirements:
A.
Structural integrity of dedicated improvements guaranty.
When the Township Board of Supervisors accepts dedication of a street or road,
it shall require the posting of a street or road improvements guaranty to
secure the integrity of the improvements in accordance with the approved plan
for a term as follows:
(3)
Such improvements guaranty shall be in a form and with
a surety acceptable to the Board of Supervisors.
(a)
The amount of financial security submitted with the improvements
guaranty shall be as set in the bonding amount schedule as established from
time to time by resolution as deemed necessary by the Board of Supervisors.
(b)
All dedicated improvements guaranties submitted for approval
shall include a requirement that the suretor shall notify the Township, in
writing, of any change in surety and must also notify the Township, in writing,
of the pending expiration of the surety 60 days prior to the expiration date.
B.
Enforcement remedies for dedicated improvements. If the
dedicated improvements or any portion of the improvements fail or are found
structurally unsound during the guaranty period, the Supervisors shall notify
the applicant, in writing, of the failure and/or unsoundness.
(1)
If the applicant fails or is unable to repair and/or
remedy the subject improvements within 30 days of the notification, the Board
of Supervisors may enforce the improvements guaranty by appropriate and equitable
action.
(a)
If the proceeds of the submitted security are insufficient
to pay the cost of any and all reinstalling or making repairs or corrections
to any and all improvements found unsound, the Board of Supervisors may, at
its option, reinstall, repair or correct such unsound improvements and may
institute appropriate legal or equitable action to obtain the moneys necessary
to complete the remaining repairs and/or corrections.
(2)
If the applicant completes the necessary repairs and/or
corrections and does remedy the subject improvements and notifies the Board
of Supervisors, the Board shall inspect the repairs and/or corrections to
determine the soundness of the improvements and notify the applicant of the
results of the inspection.
C.
Maintenance of dedicated improvements agreement. When
the Township Board of Supervisors accepts the dedication of a street or road
after completion, the Board may require, when it deems the same to be necessary
or advisable, the submission of a completed and enacted maintenance agreement
using the form in Appendix D of this chapter.[1]
(1)
A probationary period for maintenance of the dedicated
improvements shall be as follows:
(2)
During the probationary period, the applicant shall remain
responsible for any and all repair and maintenance of the dedicated improvements
excepting snow removal and any damages caused by the snow removal.
[1]
Editor's Note: Said form and Appendix D are on file in the Township
offices.
