[Adopted 12-13-1979 by Ord. No. 54]
This article shall be known and may be cited
as the "Warwick Township Road Ordinance of 1979."
This article is enacted for the purpose of creating
conditions favorable to the health, safety and general welfare of
the residents of Warwick Township (the "Township") by regulating and
prohibiting the opening, construction or dedication for public use
or travel of any road, street or alley, or any drainage facilities
in connection therewith, except in accordance with plans submitted
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 provisions of such other statute, ordinance or regulation including, but not limited to, the Pennsylvania Municipalities Planning Code, as amended, and Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick, shall be controlling.
As used in this article, words expressed in
the singular include the 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.
The following terms or words used herein shall
be interpreted or defined as follows:
The Board of Supervisors of Warwick Township, Lancaster County,
Pennsylvania.
A facility or physical improvement intended or designed to
accept and/or dispose of stormwater runoff.
Any person, association, partnership or corporation, or his,
their or its authorized agent, for whom subdivision or land development
plans are being, or have been made, or who proposes to construct or
begins construction of a road intended to become a part of the road
system of Warwick Township or intended for dedication to the public
use.
Any road, street, alley or public thoroughfare whether actually
maintained by Warwick Township as part of its road system, or whether
shown on a subdivision and land development plan to be offered or
dedicated to Warwick Township in the future as part of its road system.
The person employed by the Board of Supervisors pursuant
to the provisions of the Second Class Township Code who has the responsibility
for the general care and superintendence of the improvement of roads
and bridges in the Township.
Warwick Township, Lancaster County, Pennsylvania.
No person, partnership, association or corporation
shall construct, open or dedicate any road, street or alley, or any
drainage facilities in connection therewith, for public use or travel
in the Township of Warwick without first submitting plans therefor
in duplicate to the Township Supervisors for their approval, and no
road, street or alley, or drainage facilities in connection therewith
shall be constructed, opened or dedicated for public use or travel
except in strict accordance with plans approved by the Board, or its
duly designated representative.
A.
Such plans shall show the profiles of such roads, streets or alleys, the course, structure and capacity of any drainage facilities, the method of drainage of the adjacent or contiguous territory and drainage profiles of the roads and property shown on the plans. A subdivision or land development plan meeting the requirements of Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick, or any future subdivision and land development ordinance governing the subdivision or development of land in Warwick Township, shall be acceptable provided that all other information required by this article is submitted to the Board of Supervisors. Storm drainage plans meeting the requirements of Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick, or any future subdivision and land development ordinance in effect in the Township, or meeting the requirements of any storm drainage regulations hereafter adopted by the Township, shall also be submitted to the Township together with calculations concerning the volumes and velocities of runoff and the size of drainage facilities. The minimum standards for drainage facilities and the maximum allowable runoff velocities shall conform to the requirements of any applicable subdivision and land development ordinance, or to the requirements of any storm drainage regulations hereafter adopted by the Township, whichever imposes more restrictive standards and requirements.
B.
The minimum street right-of-way and cartway widths for all new roads and streets shall be as prescribed by Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick, or any future subdivision or land development ordinance governing the subdivision or development of land in Warwick Township. The Board of Supervisors may grant a variance to the provisions of this article when an existing right-of-way and/or cartway is to be extended, and then only to the extent the connection of the proposed right-of-way and/or cartway will conform to the width of the existing right-of-way and/or cartway to be connected or extended. In any event such reduced right-of-way and/or cartway width shall not extend beyond the next intersecting roadway. 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, an harmonious and systematic development of the Township. 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 such plans shall be filed with the Township
Secretary at least 10 days prior to the regular meeting of the Township
Supervisors at which it is desired to seek approval thereof. Before
acting upon any such plans, the Township Supervisors may, in their
discretion, arrange for a public hearing, after giving such notice
as they may deem desirable in each case.
The Board reserves the right to alter such plans
and to specify any changes or modifications of any kind which it,
in its sole discretion, may deem necessary with respect thereto, and
to make its approval of such plans subject to any such alterations,
changes or modifications. The Township 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.
Any and all plans when so approved shall be
signed in duplicate by the Board, 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 Lancaster County. All plans
shall be of a size and composition acceptable to the Recorder of Deeds
for recording purposes. No work shall be initiated on any road, street
or drainage facility until the plans therefor have been finally approved
by the Board and executed indicating said approval.
[Amended 9-13-1989 by Ord. No. 139]
All roads, streets or alleys shown on said plans
shall be constructed and improved in the following manner:
A.
The subbase for minor residential streets which serve
only local, residential traffic shall consist of crushed aggregate
of a type specified in the latest edition of the Pennsylvania Department
of Transportation Manual, Form 408, rolled to minimum thickness of
six inches. The subbase for streets serving commercial and industrial
uses and streets which serve as collector shall consist of crushed
aggregate of a type specified in the latest edition of the Pennsylvania
Department of Transportation Manual, Form 408, rolled to a minimum
thickness of six inches. The subbase for arterial streets shall consist
of crushed aggregate of a type specified in the latest edition of
the Pennsylvania Department of Transportation Manual, Form 408, rolled
to a minimum thickness of eight inches. No subbase shall be covered
until it is inspected and given final written approval by the Township
Supervisors or their designated representative.
[Amended 3-18-2015 by Ord. No. 270]
B.
In the event a sinkhole, swamp 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 is completely removed to the satisfaction
of the Township Supervisors or their designated representative.
C.
The paved surface for minor residential streets which
serve only local, residential traffic shall consist of hot-mixed,
hot-laid materials in two courses, the lower of which (base course)
shall be a bituminous surface (25 mm, 0-0.3 ESALs) rolled down to
four inches in thickness, and the upper of which (wearing course)
shall be a bituminous surface (9.5 mm, 0-0.3 ESALs) rolled down to
1 1/2 inch in thickness. The paved surface for all streets serving
commercial and industrial uses and collector streets shall consist
of hot-mixed, hot-laid materials in three courses, the lower of which
(base course) shall be a bituminous concrete base course surface (25
mm, 0-0.3 ESALs) rolled down to four inches in thickness, the middle
of which (binder course) shall be a bituminous concrete base course
surface (19 mm, 0-0.3 ESALs) rolled down to two inches in thickness,
and the upper of which (wearing course) shall be a bituminous surface
(9.5 mm, 0-0.3 ESALs) rolled down to 1 1/2 inch in thickness.
The paved surface for all arterial streets shall consist of hot-mixed,
hot-laid materials in three courses, the lower of which (base course)
shall be a bituminous concrete base course surface (25 mm, 0.3-3 ESALs)
rolled down to four inches in thickness, the middle of which (binder
course) shall be a bituminous concrete base course surface (19 mm,
0.3-3 ESALs) rolled down to two inches in thickness, and the upper
of which (wearing course) shall be a bituminous surface (9.5 mm, 0.3-3
ESALs) rolled down to two inches in thickness. All finished streets
must maintain 1/4 inch per foot crown except on superelevations and
shall conform with the horizontal and vertical alignment of the plan
as approved.
[Amended 3-18-2015 by Ord. No. 270]
D.
The berm
of said roadway shall have been upgraded and rolled and gutters shall
have been so constructed that the normal surface water will be properly
carried therein without any surface water running across the roadway.
In the event that the drainage of surface water will require the installation
of pipes, storm sewers, drains, water boxes and grates or other improvements
in order to properly carry such surface water from the premises in
the direction required by the Board of Supervisors, the person constructing
the same shall be required to lay said pipes, storm sewers, drains,
water boxes and grates or other improvements to take care of such
surface water in the manner required by any applicable subdivision
and land development ordinance, or in the manner required by any storm
drainage regulations hereafter adopted by the Township of Warwick,
whichever imposes more restrictive standards and requirements.
E.
The installation of pipes, storm sewers, drains, water
boxes and grates or other improvements, and the installation of the
necessary head walls or the extension of any pipes or other improvements
shall be so constructed as to not be damaged by the persons using
said road, street or alley.
F.
Except to the extent that any provision of this section
is inconsistent therewith, all roads, streets and alleys shall be
constructed so that all work and materials conform to the requirements
of the latest edition of the Pennsylvania Department of Transportation
Manual, Form 408.
A.
Notwithstanding the provisions of § 277-19 of this article, the Board reserves the right and privilege to alter the method of construction, type of construction and/or to require the utilization of a specific alternate where the physical characteristics of the land make the same advisable, where roads, streets or drainage facilities will be constructed in a commercial or industrial development, or where an existing Township road is being relocated at the request and expense of the developer.
B.
Where a proposed subdivision or land development fronts
on an existing Township road, or where, because of the nature of the
proposed subdivision or land development, the existing Township road
will be exposed to such increased traffic that the same may, in the
opinion of the Road Superintendent, cause the existing Township road
to be damaged or destroyed beyond normal wear and tear, the Board
reserves the right to require the developer to improve the road, including
widening said existing road, so as to enable said road to be able
to accept said increased traffic without causing damage or destruction
beyond normal wear and tear to said existing road.
All streets, roads and drainage facilities shall
be constructed in strict accordance with the approved plans and no
changes shall be effectuated unless the same receive the written authorization
of the Board. Notwithstanding the provisions of this section, the
Board reserves the right to require changes during the construction
stage where onsite conditions, in the opinion of the Board, or its
duly designated representative, indicate that the adverse effect of
stormwater runoff and/or the adverse effect to the roadbed and/or
road surface may be minimized by such changes.
At the time of initiation of construction, developer shall notify the Township Secretary so that appropriate Township officials may inspect the road, street or drainage facility during construction. The Township shall be notified two days in advance of the intended date of construction of the base so that the subgrade may be inspected. The Township shall be notified one-day in advance of the intended date of construction of the paved surface so that the base course may be inspected. Upon completion of construction, the Township shall be notified so that the finished road may be inspected. If found satisfactory, the developer shall be so notified but said road, street or drainage facility shall not be deemed accepted for future repair and maintenance by the Township until the provisions of § 277-26 are complied with. If after the final inspection is made, deficiencies in the method of construction are determined, the deficient work shall immediately be corrected by developer. Township, at developer's expense, reserves the right to require tests of the road to determine whether the road complies in all respects with the approved plans, as modified, if applicable. No provision of this section shall be construed as mandating periodic inspections, and the undertaking of periodic inspections shall not be construed as an acceptance of the work during construction or as a final inspection of the construction.
At such time as the construction of the road
is found to meet all requirements of this article and the approved
plans, as modified, if applicable, developer, prior to offering the
road for dedication, shall submit to Board one mylar as-built plan
of the road which shall form a part of the permanent records of the
Township. The 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.
[Amended 9-13-1989 by Ord. No. 139; 11-19-1997 by Ord. No.
178]
Any person requesting the Township to accept the dedication of a road, street or alley or part thereof for public use or travel shall deposit a filing fee with the Township in an amount to be established from time to time by resolution of the Board of Supervisors, for each road, street or alley or part thereof to be dedicated to cover inspection costs, the cost of preparing the resolution of acceptance, filing fees, recording fees and other expenses necessary for the Board of Supervisors to accept land dedicated for road purposes pursuant to § 2316 et seq. of the Second Class Township Code, as amended, 53 P.S. § 67316 et seq. Such person shall at the same time furnish the Board of Supervisors with a maintenance guarantee as hereinafter provided, a legal description for each road, street or alley, four copies of a recorded subdivision or land development plan indicating easements for clear sight triangles for all intersections as required by Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick or accompanied by documents executed by owners of the abutting lots in recordable form providing for easements for such clear sight triangles, and a deed of dedication containing an accurate description of the land to be dedicated for road purposes together with evidence that title to said land is good and marketable and free of all liens and encumbrances. The Board shall also be furnished with a statement sufficient to meet the requirements of the Pennsylvania Department of Transportation setting forth a cartway and right-of-way width for each street, the length of each street and the termini (beginning and ending points) of each street. All such documentation shall be in a form acceptable to the Township Solicitor.
No action by the Board of Supervisors shall
be construed to require the Township to accept dedication of any road,
street or alley.
[Amended 9-13-1989 by Ord. No. 139]
Any person desiring or intending to construct any road, street or alley, or any drainage facilities in connection therewith, shall first furnish the Township with an acceptable form of improvement guarantee as prescribed by Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick, or as prescribed by any applicable future subdivision and land development ordinance.
[Amended 9-13-1989 by Ord. No. 139]
No road, street or alley 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.
Notwithstanding the final acceptance of any road, street or alley,
or any drainage facilities in connection therewith, the person who
offered 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 maintenance
bond from a surety bonding company authorized to do business in Pennsylvania,
or with other security satisfactory to the Board of Supervisors and
the Township Solicitor in the amount of 15% of the actual cost of
the installation of said streets and drainage facilities, guaranteeing
the correction of all defective work and material during the said
18 months period.
The Board hereby designates the Road Superintendent
to act on its behalf in the approval of all plans, the making of all
inspections and the granting of all approvals required by this article;
provided, however, that the formal acceptance of any road, and the
execution of any documents related thereto, is reserved to the Board.
[Amended 9-14-1983 by Ord. No. 83; 11-9-1988 by Ord. No.
133; 11-19-1997 by Ord. No. 178]
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/she 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 to the remedies provided in § 277-29, any continued violation of this article which shall constitute a nuisance in fact or which shall in the opinion of the Board create a nuisance may be abated by proceeding against the violator in a court of equity for relief.
