[Adopted 4-2-1984 by Ord. No. 239]
This article shall be known and may be cited
as the "Township of Upper Providence Ultimate Right-of-Way Ordinance."
[Amended 7-7-1997 by Ord. No. 365]
The provisions of this article are applicable to all public roads existing in the township as depicted on the Ultimate Right-of-Way Map of Upper Providence Township, dated April 1997, which supersedes any previous map and to newly dedicated streets in accordance with the provisions of § 151-23 herein. Said map, as may be amended, is adopted by reference as part of this article.[1] The provisions of this article shall also be applicable
to all planned public roads which abut or pass through any subdivision
or land development proposed within the township, as well as to those
public roads which abut or pass through any lot in the township for
which construction activity is proposed, which under applicable township
regulations requires a building permit.
[1]
Editor's Note: The map is on file in the office
of the Township Secretary.
The intent of this article is to promote the
general health, safety and welfare of Upper Providence Township, its
residents and all members of the traveling public by preserving the
land needed for present and future transportation purposes from inappropriate
and confining development and providing the physical improvements
within that area as needed to adequately accommodate the traveling
public. In advancing these principles, the specific intent and purpose
of this article is to:
A.
Provide adequate land in the public rights-of-way
of sufficient width to comfortably accommodate both present and future
vehicular traffic demands, to accommodate future road widening to
service said demands and to provide for sufficient area for storm
drainage facilities and other related public improvements.
C.
Comply with the intent, provisions and requirements of Chapter 154, Subdivision and Land Development, as amended.
D.
Assure that adequate land of proper width and alignment is available for the realignment of existing roads or the construction of new segments or links which the plan referenced in Subsection B herein or other highway or planning studies have identified as critical components of the township's traffic circulation system.
On all subdivision or land development plans or plans for construction activity as defined in § 151-16 herein, information shall be included on the plan as stipulated in the following subsections.
A.
The ultimate right-of-way line for each existing or
proposed public road abutting or passing through the site or lot shall
be drawn and labeled as such.
(1)
For abutting roads, 1/2 of the applicable ultimate
right-of-way width shall be drawn as measured from the center line
of the road.
(2)
The appropriate width of the ultimate right-of-way
for existing public roads or extensions thereof shall be as drawn
on the Ultimate Right-of-Way Map.
(3)
The appropriate width for new public roads, shall be determined according to the proposed classification of said road, as determined by § 154-18C of Chapter 154, Subdivision and Land Development. With respect to said new public roads, the ultimate and intended legal right-of-way lines shall be the same.
B.
All lots bordering on an existing public road shall
have their lot line computed along the road's legal right-of-way line.
A.
The area between the legal right-of-way line and the
ultimate right-of-way line shall continue to be owned in fee by the
record property owner and reserved for future road widening and improvement
purposes. A note stating the following shall be placed on all final
plans for subdivision and/or land development:
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All land lying between the existing (legal)
right-of-way line and the ultimate right-of-way line shown on this
plan for the entire frontage of this property on each existing public
street or between the ultimate right-of-way lines of each proposed
street is hereby reserved for future roadway and/or related improvements.
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The deed for each and every lot located on an existing public road created by subdivision after the effective date of this article shall contain specific language noting that the area between the legal and ultimate rights-of-way is reserved for future road widening and improvement purposes. In addition, each such deed shall acknowledge by appropriate notation the financial liability limitation contained in § 151-22 herein.
On any land within an ultimate right-of-way
which has been or is being reserved, no financial compensation shall
be provided for any structure, fence, wall, landscaping or other feature
constructed or placed therein after the effective date of this article.
For any structures or other improvements existing therein as of the
effective date, financial compensation shall be paid as required by
law. This shall be done if and when the governmental agency having
jurisdiction over the affected road condemns the land on which the
structure or improvement is located, for road widening or related
purposes.
[Added 7-7-1997 by Ord. No. 365]
All new streets dedicated as the result of new
subdivisions shall fall into the appropriate roadway classification(s)
based upon the ultimate right-of-way as depicted on the final plan
approved by the township and shall be deemed classified accordingly;
any roads for which a classification is not otherwise obvious shall
be considered to fall into the residential category with an ultimate
right-of-way of 50 feet. Regardless of actual physical change to the
Ultimate Right-of-Way Map, it shall be considered to be amended to
include each new street at such time as it is accepted for dedication
by the Board with the appropriate classification based upon its depiction
on the approved final plan.
