[HISTORY: Adopted by the Board of Supervisors of the Township of Elizabeth as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Driveways — See Ch. 69.
Stormwater management — See Ch. 150.
Vehicles and traffic — See Ch. 175.
Zoning — See Ch. 185.
[Adopted 10-13-1997 by Ord. No. 1997-4]
This article shall be known and may be cited as the "Elizabeth Township Road Ordinance."
This article is enacted for the purpose of creating conditions favorable to the health, safety and general welfare of the residents of Elizabeth Township (the "township") by regulating and prohibiting the opening, construction or dedication for public use or travel of any road or street, or any drainage facilities in connection therewith, except in accordance with plans submitted to and approved by the Township Supervisors.
The provisions of this article shall be held to be minimum requirements for the promotion of the above purposes. Where the provisions of this article impose greater restrictions than those of any other statute, ordinance or regulation, the provisions of this article shall be controlling. Where the provisions of any other statute, ordinance or regulation impose greater restrictions than this article, the provision of such other statute, ordinance or regulation, including but not limited to the Pennsylvania Municipalities Planning Code, as amended, the Pequea Township Zoning Ordinance, Chapter 150, Stormwater Management, of the Code of the Township of Elizabeth, and the applicable subdivision and land development ordinance, shall be controlling.
A. 
As used in this article, words expressed in the singular include their plural meanings, and words expressed in the plural include their singular meanings. The word "person" includes a corporation, its responsible officers, an unincorporated association and a partnership, as well as an individual. The word "street" is used generically and shall be construed as if followed by the phrase "or part thereof." The term "watercourse" includes "drainage ditch" and "stream." The word "may" is permissive, and the words "shall" and "will" are mandatory.
B. 
In addition, the following terms shall have the meanings indicated:
BOARD OF SUPERVISORS
The governing body of the Township of Elizabeth.
DEPARTMENT
The Department of Transportation of the Commonwealth of Pennsylvania.
DEVELOPER
Any person, firm, corporation or other legally recognized entity for whom subdivision or land development plans have been prepared or who constructs or proposes to construct a road intended to become part of the township road system or intended for dedication to the public use.
DRAINAGE FACILITY
A facility or physical improvement intended or designed to accept and/or dispose of stormwater runoff.
MPC
The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
TOWNSHIP
The Township of Elizabeth, Lancaster County, Pennsylvania, acting by and through its Board of Supervisors or other agents.
TOWNSHIP ENGINEER
The duly appointed Engineer of the township.
No person, partnership, association or corporation shall construct, open or dedicate any road or street, or any drainage facilities in connection therewith, for public use or travel in the Township of Elizabeth or proceed with site grading or construction activities relating to a proposed road or street without first submitting plans therefor in triplicate to the Board of Supervisors for their approval. The Board of Supervisors shall review said plans, and in the process thereof, may refer them to the Township Engineer, the Township Planning Commission and the Lancaster County Planning Commission. No road or street, or drainage facilities in connection therewith, shall be constructed, opened or dedicated for public use or travel nor shall any site grading or construction activities be commenced in connection therewith except in strict accordance with plans approved by the Board of Supervisors.
All such plans shall show the typical street cross section, the horizontal and vertical alignments, drainage facilities and intersection data, including radius returns and intersection angle. The storm drainage plans shall meet the requirements of the applicable stormwater management regulations, whichever standard imposes greater restrictions. A subdivision or land development plan meeting the requirements of the applicable subdivision and land development ordinance governing the subdivision or development of land in the township shall be acceptable, provided that all other information required by this article is also submitted to the Board of Supervisors.
A. 
All roads and streets shall have a right-of-way width of not less than 50 feet unless the provisions of Chapter 185, Zoning, or the applicable subdivision and land development regulations require greater width.
B. 
All roads and streets serving residential developments with a density of less than four dwelling units per acre shall have a cartway width of 28 feet.
C. 
All roads and streets providing access to and within a residential development with a density of four or more dwelling units per acre shall have a cartway width of 34 feet.
D. 
If the street is constructed as a permanent cul-de-sac to provide access to only residential land uses with a maximum of eight dwelling units and a maximum length of 300 feet, the cartway width shall be not less than 20 feet.
E. 
All cul-de-sac streets, whether permanently or temporarily designed, shall have a minimum length of 250 feet measured from the edge of pavement to the center line of the cul-de-sac and shall be provided at the closed end with a cul-de-sac having a right-of-way diameter of not less than 110 feet, and a cartway diameter of not less than 90 feet if parking is to be permitted or a right-of-way diameter of not less than 100 feet, and a cartway diameter of not less than 80 feet if parking is prohibited.
F. 
All streets serving nonresidential developments shall be provided with a cartway width of 34 feet.
G. 
All roads and streets where possible shall connect with existing roads and streets, or proposed roads and streets, so as to form as near as possible through roads and streets, and a harmonious and systematic development of the township.
H. 
The names of the roads and streets shall not conflict with the names of existing roads and streets, and all roads and streets shall be designated by the names of existing roads and streets with which they connect as extensions thereof.
All plans shall be filed with the Township Secretary at least 20 days prior to a regular meeting of the Board of Supervisors at which it is desired to seek approval thereof. Before acting upon any such plans, the Board of Supervisors may, in its discretion, arrange for a public hearing, after giving such notice as it may deem desirable in each case. Notwithstanding the foregoing, the Board of Supervisors may schedule action at any regular or special meeting at any time after 20 days have passed, provided that such meeting complies with the time limitations set forth in § 155-9 herein.
The Board of Supervisors reserves the right to alter such plans and to specify any changes or modifications of any kind which it, in its discretion, may deem necessary with respect thereto and to make its approval of such plans subject to any such alterations, changes or modifications. The Board of Supervisors shall render a decision either approving or disapproving such plans within 90 days after the same are filed, provided that any disapproval of the plans shall be issued within said ninety-day period containing a brief explanation setting forth the reasons for the disapproval and the manner, if any, in which the plans can be corrected and/or modified to obtain the required approval. If no decision is rendered on the plans within 90 days, the plans shall be deemed to be approved, unless the person requesting approval has agreed in writing to an extension of time.
Any and all plans when so approved shall be signed in duplicate by the Board of Supervisors, and an approved duplicate of such plans shall be recorded by the person applying for such approval in the office of the recorder of deeds in and for Lancaster County.
The developer shall construct and improve all roads or streets shown on said plans in the following manner:
A. 
The subgrade shall be graded to the sections shown on the plans and be firm and dry. If the subbase is soft and wet, the developer shall install underdrains, undercut and install crushed aggregate and/or use a structural fabric as necessary to provide a sound pavement structure in accordance with Department standards, and as approved by the township.
B. 
The township shall be notified in writing 10 working days in advance of the intended date of construction of the base so that the subgrade may be inspected.
C. 
Base construction alternatives.
(1) 
Base construction alternatives to be used with corresponding paved surface designated in Subsection E below and in the paving schedule set forth in Exhibit A attached hereto and made a part hereof.[1]
(a) 
The base shall consist of crushed aggregate, No. 3A modified stone, rolled to a minimum compacted thickness of eight inches.
(b) 
The base shall consist of crushed aggregate, No. 3A modified stone, rolled to a minimum compacted thickness of 10 inches.
(c) 
The base shall consist of bituminous concrete base course (BCBC), rolled to a minimum compacted thickness of eight inches.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
(2) 
The selection of the base construction alternative shall be based upon the nature of the development in accordance with the criteria set forth in Exhibit A.
D. 
The township shall be notified in writing 10 working days in advance of the intended date of construction of the paved surface so that the stone base may be inspected.
E. 
A cap of bituminous concrete ID-2 mix shall be installed in two courses. The lower course of ID-2 binder mix shall be rolled and compacted to a minimum depth as specified in Exhibit A and a top course of ID-2 wearing course rolled and compacted to a minimum depth as specified in Exhibit A. The paved surface for a bituminous concrete base shall be as specified in Exhibit A.
F. 
The berm of said roadway shall be graded so that the normal surface water will be properly carried therein without any surface water running across the roadway.
G. 
In the event that a sink hole, swampy area or wet area is encountered in the construction of said street, the roadway shall be so constructed that the danger of said roadway sinking, cracking or otherwise being weakened by such conditions shall be completely removed.
H. 
The construction of all roads and streets shall comply with the applicable stormwater management regulations.
I. 
Except to the extent that any provision of this section is inconsistent therewith, all roads and streets shall be constructed so that all work and materials conform to the requirements of the latest edition of the Department's Manual Form 408.
J. 
Placement of backfill in trench excavations shall be as follows:
(1) 
Trenching in areas of new street or road construction (unimproved):
(a) 
Backfill around pipe to the standards of the applicable stormwater management regulations.
(b) 
Backfill the remainder of the trench with backfill as found on the site (if such material is suitable and free from large rock and/or organic material) in uncompacted lifts of no more than eight inches, compacting each lift to 90% proctor density. Backfill should continue in this manner until subgrade elevation is reached.
(2) 
Trenching in existing streets and roadways:
(a) 
Backfill around pipe to the standards of the applicable stormwater management regulations.
(b) 
The balance of the trench shall be filled with compacted Department specification 2A stone (crushed limestone; no slag shall be accepted). The stone shall be placed in lifts in accordance with the provisions of Subsection J(1)(b) above.
No final wearing or surface course shall be installed until a minimum of 85% of the dwellings on lots abutting thereon have been constructed in the case of a residential subdivision or land development and until a minimum of 85% of the gross floor area of the nonresidential structures and/or buildings on lots abutting thereon have been constructed in the case of a nonresidential subdivision or land development.
Where a proposed subdivision fronts on an existing township road or street, the developer shall improve the side of the road abutting the proposed development to the standards of this article, including installing pavement widening and curb (if required) along the entire length of the proposed subdivision, in accordance with the pavement widening shown on Exhibit A.[1] The Board of Supervisors also reserves the right to require the landowner to dedicate additional rights-of-way to the township where such additional rights-of-way are deemed necessary for safety, storm drainage or road maintenance. The developer shall also be responsible for any stormwater management facilities required as part of additional cartway improvements. Where, in the opinion of the Township Engineer, the proposed development will cause an existing township road to be damaged or destroyed beyond normal wear and tear, the township reserves the right to require the developer to make improvements, including widening of the existing township road, to enable said road to accept the increased traffic without causing damage or destruction beyond normal wear and tear to said existing road.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
Curbs shall be constructed with Class A concrete, as specified by the Department, with 4% to 6% air entrapment, and to the dimensions shown on Exhibit A. Curbs shall be required in accordance with Chapter 185, Zoning, and the applicable subdivision and land development regulations and as specified in § 155-7 herein. The type of curb to be installed shall be as specified on Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
Any person desiring or intending to construct any road or street, or any drainage facilities in connection therewith, shall first furnish the township with an acceptable form of improvement guarantee in the amount and form as prescribed by the MPC.
A. 
Any person subject to the provisions of this article shall, at the time plans are submitted to the Board of Supervisors pursuant to § 155-5 hereof, deposit with the township the sum as established by ordinance or resolution by the Board of Supervisors to be applied by the township to the legal, engineering, administrative, filing and recording costs incurred by the township in furtherance of the review of such plans and/or the dedication of the street(s) to the township. In addition, such person shall deposit an amount equal established by ordinance or resolution of the Board of Supervisors with the township to be used to reimburse the township for the expenses incurred to inspect such improvements.
B. 
In the event the funds deposited pursuant to this section are insufficient to pay the applicable costs, the township shall bill such person for the additional costs. In the event said sum deposited is in excess of the applicable costs, the township shall refund such excess money without interest upon completion of the work and the acceptance of the street(s) as part of the township's road system. The Board of Supervisors shall be authorized to withdraw or use any such moneys deposited with the township in order to pay the aforesaid expenses.
C. 
No plan will be reviewed and the construction of streets or drainage facilities shall not begin until the sums required under this section have been deposited with the township. The funds to be deposited must be in the form of cash, check or money order payable to the township.
At such time as the construction of the road is found to meet all requirements of this article and the approved plans, the developer, prior to offering the road for dedication, shall submit to the Board of Supervisors one Mylar as-constructed plan of the road which shall form a part of the permanent records of the township. Such plan shall be prepared using a scale of one inch equals 50 feet horizontal and one inch equals 10 feet vertical, unless another scale is approved in writing by the township.
Any person requesting the township to accept the dedication of a road or street for public use or travel shall furnish the Board of Supervisors with a maintenance guarantee in the amount and the form set forth in § 155-16, four copies of a survey of the road or street and a deed of dedication containing an accurate description of the land to be dedicated for road purposes, together with evidence satisfactory to the Township Solicitor that title to said land is good and marketable and free of all liens and encumbrances. Any person requesting the township to accept dedication of a street shall also pay to the township all costs incurred by the township for the review and preparation of documents and filing of plans with the Clerk of Courts or Recorder of Deeds.
No action by the Board of Supervisors shall be construed to require the township to accept dedication of any road or street, and no road or street shall be considered finally accepted by the township until the deed of dedication has been recorded and the resolution of acceptance has been duly adopted and filed in the manner required by the Second Class Township Code.[1] Notwithstanding final acceptance of any road or street, or any drainage facilities in connection therewith, the person who offered the same for dedication shall remain responsible for the maintenance thereof, snow removal excepted, for a period of 18 months from the date of final acceptance and shall furnish the township with a letter of credit or with other security satisfactory to the Board of Supervisors in the amount of 15% of the actual cost of the installation of such improvements, guaranteeing the correction of all defective work and material discovered during said eighteen-month period.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A. 
The developer shall grant to the township or its agents access to the site of the work at all times while the streets and drainage facilities are under construction for the purpose of inspecting the work. The developer shall promptly correct any deficiencies noted by the township. The township may require the developer to perform tests (at developer's expense) to establish the adequacy of his work.
B. 
This article does not mandate inspections by the township, and the actual performance of inspections shall not be construed as acceptance of any portion of the work during construction.
A. 
The developer is solely responsible for maintaining the site of the work in a safe condition at all times. Maintenance and protection of traffic shall be in strict compliance with Department Publication No. 203, Work Zone Traffic Control. Failure of the township to notify the developer of any unsafe conditions shall not relieve the developer of his responsibility and liability.
B. 
All work shall be performed without damaging property other than the property of the developer. The developer shall be responsible for remedying any off-site damages promptly and to the satisfaction of the damaged property owner before final approval and acceptance of the work by the township.
All improvements shall be constructed in strict accordance with the approved plans, and no changes shall be made without written approval of the township. In addition, to the extent necessary, any changes to plans shall be approved pursuant to the provisions of the governing subdivision and land development ordinance. All improvements shall be considered to be private improvements for the benefit of the developer until such time as they have been formally accepted by the township by ordinance, resolution, deed or other formal document. No responsibility of any kind with respect to improvements shall be transferred to the township until improvements have been formally accepted by the township.
No person shall plow, cultivate, harrow, regrade or in any way disturb the surface of the land within the rights-of-way of any township road or street without approval of plans and/or issuance of permits as required by this article.
The provisions of these regulations are intended as a minimum standard for the protection of the public health, safety and welfare. If literal compliance with any mandatory provision of these regulations is shown by the applicant, to the satisfaction of the Board of Supervisors, to be unreasonable or to cause undue hardship as it applies to a particular property, or if the applicant shows that an alternative proposal will allow for equal or better results, the Board of Supervisors may grant a waiver from such mandatory provision so that substantial justice may be done and the public interest secured while permitting the reasonable utilization of the property. However, the granting of a waiver shall not have the effect of making null and void the intent and purpose of this article. In granting waivers, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this article.
A. 
Any person, partnership or corporation who or which shall construct, open or dedicate any road or street, or any drainage facilities in connection therewith, for public use or travel in this township without having first complied with the provisions of this article shall be guilty of a misdemeanor of the third degree, and, upon conviction thereof, such person or members of such partnership or officers of such corporation responsible for such violation shall be sentenced to suffer imprisonment not exceeding two years, or pay a fine not exceeding $1,000, or both, in the discretion of the court. Any person who shall take such action shall also be subject to a suit for all costs and damages incurred by the township or property owners in the course of correcting all substantive violations of state or municipal law or regulations resulting from or arising out of an unlawfully recorded plan in accordance with Section 2317(f) of the Second Class Township Code, as reenacted by Act 60 of 1995.
B. 
If the Board of Supervisors or the officer designated to enforce this article by the Board of Supervisors determines that a person has committed or permitted the commission of a violation of this article, the Board of Supervisors or such enforcement officer shall inform such person in writing of the violation, shall notify such person to cease the violation of this article and shall inform such person that he or she must pay a civil penalty to the township within the range of the amounts set forth below to settle the violation. The penalty for a first offense shall be not less than $50 and not more than $600; the penalty for a second offense shall be not less than $100 and not more than $600; and the penalty for a third or greater offense shall be not less that $200 and not more than $600. If such person fails or refuses to remit the penalty to the township within ten days from the date of the written notice of the violation of this article, the township may commence a civil enforcement proceeding seeking penalties and costs for the violation of this article and/or may commence an action in equity. The township shall seek a judgment for the penalty previously imposed, together with additional daily penalties for continuing violations, plus all court costs, including the reasonable attorneys' fees incurred by the township in the enforcement proceedings. Each day that a violation continues shall constitute a separate violation, and each section of this article which is violated shall constitute a separate violation. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure.
C. 
In addition to the penalties provided in Subsections A and B above, any continued violations of this article may be abated by proceeding against the violator in a court of equity for relief.
[Adopted 10-13-1997 by Ord. No. 1997-5]
For the purpose of this article, the following terms shall have the meanings ascribed thereto, except where the context thereof clearly indicates another meaning:
CARTWAY
The traveled portion of any road.
PERSON
An individual, group of individuals, partnership, corporation or association, whether incorporated or otherwise, and any other legally recognized entity and the officers of such corporation and the members of such partnership or association.
RIGHT-OF-WAY
The total width, including the cartway, shoulder and unpaved portions, of a road.
ROAD
Any road, street, alley, paved or unpaved, or other thoroughfare owned or maintained by the township as part of its public road system or offered for dedication to the township.
TOWNSHIP
The Township of Elizabeth, Lancaster County, Pennsylvania.
No persons shall hereafter plow, cultivate, harrow or in any way disturb the surface of land within the cartway or within five feet of the cartway of the township road.
No persons shall deposit fieldstone, rocks, trash or debris of any kind within the cartway or within five feet of the cartway of any township road.
Any person who deposits or allows to be deposited any mud, dirt, silt or manure or any other debris within the cartway or within five feet of the cartway of any township road, whether accidentally or otherwise, shall immediately remove the same.
No person shall drain or permit the drainage or discharge of swimming pools, sump pumps, downspouts or any other facility in a manner in which drains or discharges liquid or other substances onto the cartway of any township or state road that in any manner causes unsafe conditions for motorists or pedestrians.
Persons who install shrubbery, fences, flowers, hedges or similar improvements within the public right-of-way do so at the sufferance of the township. Persons shall immediately remove such items from the public right-of-way when requested to do so by the township. The township shall not be liable for any damages to improvements installed within its right-of-way when plowing snow, maintaining cartways or other facilities within the right-of-way or performing other public functions.
No person shall plow, shovel, sweep or deposit snow, ice, leaves, litter or other substances onto the cartway of any township road or into any drainage facility installed within the township right-of-way.
If the Board of Supervisors determines that a person has committed or permitted the commission of a violation of this article, the Board of Supervisors shall inform such person in writing of the violation, shall notify such person to cease the violation of this article and shall inform such person that he or she must pay a civil penalty to the township within the range of the amounts set forth below to settle the violation. The penalty for a first offense shall be not less than $50 and not more than $600; the penalty for a second offense shall be not less than $100 and not more than $600; and the penalty for a third or greater offense shall be not less than $200 and not more than $600. If such person fails or refuses to remit the penalty to the township within 10 days from the date of the written notice of the violation of this article, the township may commence a civil enforcement proceeding seeking penalties and costs for the violation of this article and/or may commence an action in equity. The township shall seek a judgment for the penalty previously imposed, together with additional daily penalties for continuing violations, plus all court costs, including the reasonable attorneys' fees incurred by the township in the enforcement proceedings. Each day that a violation continues shall constitute a separate violation, and each section of this article which is violated shall constitute a separate violation. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure.
In addition or in lieu of the penalties provided in § 155-33, violations of this article may be abated by the township proceeding against the violator in a court of equity to obtain injunctive relief.