[Adopted 12-12-1983 by Ord. No. 481]
Plans of any road to be constructed, opened or dedicated in Honesdale Borough shall be prepared in duplicate and submitted (together with the filing fee to the Borough Council for approval. Plans shall include such maps and such other information in writing as may be required to explain the plans. If the plans are for roads to be constructed in conjunction with a land subdivision or development for which a submission is being made under Chapter 183, Subdivision and Land Development, such submissions and approvals shall be combined.
For the purpose of this article, the word "road"
shall not include ways used exclusively for access to timberlands,
hay fields, pasture lands, agricultural lands, sandbanks or quarries
for removal of stone, of shale or of gravel.
Filing fees shall be established by resolution
of the Borough Council and may be adjusted from time to time. Fees
shall be paid by check or money order payable to the order of Borough
of Honesdale.
[1]
Editor's Note: The current Fee Schedule can
be found on file in the Borough offices.
A.
Plans shall include such details as may be required
to adequately reflect the land conditions in, over or upon which the
proposed road will be constructed, opened or dedicated.
B.
Plans shall include but shall limited to the following
details:
(1)
The width of the road throughout its entire course,
including intersections and turnabout areas.
(2)
Specifications for proposed bridges.
(3)
Specifications for proposed drainage.
(4)
The course, capacity and structure of drainage facilities.
(5)
The profile of the road.
(6)
Identification of the markers which will indicate
the course or property lines or other items shown on the map.
(7)
A certification regarding the identity of each property
owner along all sides of the right-of-way of the roadway, together
with an indication as to whether such property owner joins in the
submission for approval of the plans and releases any right to assert
any claim such property owner might otherwise have against any person,
persons, partnership or corporation by reason of the construction,
opening or dedication or the maintenance and use of such roadway;
such certification shall be made by or on behalf of the person, persons,
partnership or corporation requesting approval of the plans and shall
be supported by appropriate evidence of the authority pursuant to
which the certification is made.
(8)
If the road is to open onto a borough street, the
plans shall also include an application for a highway occupancy permit.
If the road opens onto a state highway, a copy of the application
for a state highway occupancy permit shall be prior to final approval
of the plans.
Approval of the plans by the Council may be
made contingent upon the filing of a performance bond, with surety
approved by the Council, in such amount as, in the discretion of the
Council, may be required under the circumstances, which bond will
be conditioned upon the roadway being constructed in accordance with
the approval plan and will be in such amount as would be required
to complete construction of the roadway as shown on the plans, should
the applicant fail to do so, or in such other amount as may be reasonable
under the circumstances.
The following are minimum requirements of any
road:
A.
The road shall have a fifty-foot-wide legal right-of-way.
"Legal right-of-way" shall mean the width released or dedicated to
road purposes, which may be greater than (but not less than) the area
actually used as a traveled portion and shoulders of the road and
drainage facilities adjoining the same.
B.
The traveled portion of the road shall be, at a minimum,
20 feet wide, and the Borough Engineer may require additional width
pursuant to Pennsylvania's Department of Transportation Guidelines
for Design of Local Roads and Streets. "Traveled portion" shall mean
that part of the road (with base and top constructed as herein provided)
over which vehicles may be driven.
C.
A four-foot-wide shoulder shall be provided on each
side of the traveled portion of the road and in addition to the traveled
portion.
D.
On all dead-end roads, a turnabout area with a one-hundred-foot-diameter
right-of-way and seventy-foot-diameter traveled portion will be provided.
E.
F.
At each point where the roadway is intersected by
a driveway which requires that surface drainage water be carried under
the intersection of the driveway and the road, a sluice pipe of not
less than 15 inches in diameter (and of such gauge as conforms to
Pennsylvania Department of Transportation requirements for a sluice
pipe of corresponding diameter) shall be installed across the width
of the driveway and at such depth as drainage and soil conditions
may require at that location, the depth and manner of installation
to be subject to approval of the Council in each case.
G.
At such points along the road as may be required,
cross drains shall be of pipe of not less than 15 inches in diameter
(and of such gauge as conforms to Pennsylvania Department of Transportation
requirements for a cross drain of corresponding diameter), which cross
drains shall be buried to the depth and in the manner, depending upon
subsoil and drainage conditions, with the depth and manner of installation
to be subject to approval of the Council in each case.
H.
In addition to the requirements of this article, any
road constructed, opened or dedicated in Honesdale Borough must satisfy
requirements of the Commonwealth of Pennsylvania Department of Transportation,
as set forth in Form 408 Specifications and in Form 409 Specifications
(and any amendment or additions subsequent thereto), to the extent
that such Commonwealth of Pennsylvania requirements may be necessary
to qualify the borough to receive reimbursement from the commonwealth
for the subject road under such laws of the Commonwealth of Pennsylvania
for the construction or reconstruction or maintenance or repair of
roads located within such Pennsylvania municipal subdivisions.
I.
Sidewalks and curbs may be required as a condition
of approving any road plan submission or accepting the dedication
of any road.
[Amended 12-8-1997 by Ord. No. 564]
J.
All plans shall be subject to the approval of the
Honesdale Director of Public Works and the Borough Engineer and shall
not be finally approved by Council until such time as each has certified
that the plans submitted meet the terms of this article and principles
of good road construction.
A.
In the event that the plans are disapproved for any
reason, amended plans must be accompanied by an additional filing
fee as herein provided for amended plans and will be processed in
the same manner as the original plans.
B.
In the event that the plans are disapproved, the applicant
may request a conference with the Council to review the reason for
such disapproval, and such conference will be scheduled at the earliest
date convenient to the Council.
Private drives shall be exempt from the provisions
of this article. "Private drives" shall be defined as those which
serve a single dwelling or use, are not open to general public use
and are not planned to provide access to additional parties.
Exceptions to the standards of § 179-9E of this article may be made under the following conditions:
A.
The road shall be maintained as a private thoroughfare
for the use of owners of adjacent lots and their guests, and the applicant
shall so certify in a form satisfactory to the Borough Solicitor.
B.
No lot which fronts on such a road or street shall
be sold unless the purchaser first executes an affidavit acknowledging
such purchaser's understanding that the road or street is private,
is intended to remain so, cannot be dedicated to or accepted by the
borough in its present condition and will not be improved to dedication
requirements by the seller. The affidavit shall be in a form satisfactory
to the Borough Solicitor. Also, prior to the approval of plans for
any such road, the form shall be presented to and approved by the
Borough Council and provisions made for the attachment of the same
as a restrictive convenient to the purchaser's deed.
C.
No road shall be so approved which is not passable
in accordance with requirements of the Pennsylvania Municipalities
Planning Code.[1] The applicant shall be responsible for providing a professional
engineer's certification to this effect.
[Amended 12-8-1997 by Ord. No. 564]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Amended 12-8-1997 by Ord. No. 564]
Any person, firm, partnership or corporation
who or which shall violate any provision of this article shall, upon
conviction thereof before a District Justice, be sentenced to pay
a fine of not more than $600, plus costs of prosecution, and upon
failure to pay the fine may be committed to jail for a period not
to exceed 30 days, provided that each violation of any one of the
provisions of this article shall constitute a separate offense.
In addition to any penalty therein provided,
any person, persons, firm, partnership or corporation who shall violate
any provision of this article shall be subject to any law or laws
of the Commonwealth of Pennsylvania which afford a remedy for such
violation in any court of the commonwealth.
