[Ord. 236, 11/16/1993, § 1]
This Part is adopted in conformance with and pursuant to the
authority granted by Sections 1202(17) and 1701 through 1737 of the
Borough Code, 53 P.S. §§ 46202(17) and 46701-46737,
and Sections 10503 and 10509 of the Pennsylvania Municipalities Planning
Code, as amended, 53 P.S. §§ 10503 and 10509.
[Ord. 236, 11/16/1993, § 1]
The construction, opening and/or dedication of roads, or any drainage facilities in connection therewith, for public use or travel in the Borough of Middleburg is hereby declared to be a land development and subject to the general plan submission requirements of the Snyder County Subdivision and Land Development Ordinance, as adopted by the Borough of Middleburg. No person shall construct, open or dedicate any road, or any drainage facility in connection therewith, for public use or travel in the Borough of Middleburg, without first submitting plans thereof to the Borough Council for approval in accordance with the Snyder County Subdivision and Land Development Ordinance, adopted by reference by this Borough. Such plans shall be prepared and submitted in accordance with the provisions of § 21-403 of this Part.
[Ord. 236, 11/16/1993, § 1]
Every plan submitted under this Part shall conform to the requirements
of Section 4 of the Snyder County Subdivision and Land Development
Ordinance.
[Ord. 236, 11/16/1993, § 1]
No plan for a road shall be approved unless the road is designed
to be mud-free and permanently passable and meets the following standards:
A.
The road shall be designed so as not to exceed a grade of 10%.
B.
The legal right-of-way width for the road shall not be less than
50 feet; the graded and improved cartway width of the road, including
shoulders, shall not be less than 36 feet; and the paved cartway width
of the road shall not be less than 24 feet.
C.
The road shall be constructed according to the criteria specified
on the Roadway Construction Specification-Typical Roadway Section,
marked as "Exhibit A,"[1] attached hereto and incorporated herein by reference,
and to the Pennsylvania Department of Transportation specifications
referred to therein.
[1]
Editor's Note: The Roadway Construction Specification-Typical
Roadway Section and PennDOT specifications are on file at the Borough
Office.
D.
Facilities to drain the roadway and land adjacent and contiguous
to the roadway shall be designed to accommodate existing streams and
drainagecourses as well as new drainagecourses to be created by road
grading and to accommodate all existing flows as well as all flows
likely to occur as a result of protected development in the areas
adjacent and contiguous to the road.
[Ord. 236, 11/16/1993, § 1]
Plans shall be reviewed in accordance with the procedures set
forth in the Snyder County Subdivision and Land Development Ordinance,
as adopted by this Borough. Before acting upon any road plans, the
Borough Council may, in its discretion, arrange for a public hearing,
after giving such notice as it deems desirable in each case. After
any such hearing and after review of such plans, the Borough Council
may alter such plans and specify any changes or modifications of any
kind which it, in its discretion, may deem necessary with respect
thereto and may make its approval of such plans subject to any such
alterations, changes or modifications.
[Ord. 236, 11/16/1993, § 1]
After review of any road plans and prior to final approval thereof
by the Borough Council, the probable cost of constructing the road
and drainage facilities shown on such plans, with any alterations,
changes or modifications required by the Borough Council, shall be
determined and a bond or financial security in a sum of 110% of such
costs deposited with the Borough Council, all in accordance with Section
509 of the Municipalities Planning Code, as amended, 53 P.S. § 10509.
[Ord. 236, 11/16/1993, § 1]
Within 60 days after receipt of the bond required by § 21-406 hereof, the Borough Council will either approve or refuse approval of the road plans, with or without alterations, changes and modifications, and will either approve or refuse approval of the bond. Upon approval of the plans, as altered, changed or modified, and the bond, the Borough Council shall sign sufficient copies of the plans, as altered, changed or modified. One copy thereof shall be filed with the Borough Secretary, who shall make the same available for public inspection. The remaining copies shall be returned to the applicant, who shall then record an approved plan in the office of the Recorder of Deeds of Snyder County, Pennsylvania.
[Ord. 236, 11/16/1993, § 1]
1.
In every case where the Borough Council refuses to approve road plans
or the bond, any person aggrieved by such action of Borough Council
may, within 30 days after such action, appeal therefrom to the Court
of Common Pleas of Snyder County, Pennsylvania.
2.
If the court, on appeal, approves the road plans and bond, then the
appellant shall record an approved copy thereof in the office of the
Recorder of Deeds of Snyder County, Pennsylvania.
[Ord. 236, 11/16/1993, § 1]
No road or drainage facilities in connection therewith shall be opened, constructed or dedicated for public use or travel except in strict accordance with plans approved by the Borough Council pursuant to this Part, or approved by the Snyder County Court of Common Pleas on an appeal from an action by the Borough Council, and until such plans and the approval thereof have been recorded as required by §§ 21-407 and 21-408 hereof.
[Ord. 236, 11/16/1993, § 1]
If any road or drainage facilities in connection therewith shall
be opened, constructed or dedicated for public use or travel, except
in strict accordance with plans approved and recorded as herein provided,
neither the Borough nor any public authorities shall place, construct
or operate any sewer drain, water pipe or other facilities, or do
any work of any kind, in or upon such road; neither the Borough nor
any other public authorities shall have any responsibility of any
kind with respect to such road or drainage facilities, notwithstanding
any use of the same by the public; provided, however, that nothing
herein contained shall prevent the laying of trunk sewers, drains,
water or gas mains, if required by engineering necessity, for the
accommodation of other land.
[Ord. 236, 11/16/1993, § 1]
The approval of any road plans by the Borough Council shall
not obligate or require the Borough of Middleburg to construct, reconstruct,
maintain, repair or grade such road unless and until the Borough Council,
by resolution, has accepted a dedication of such road as a public
road and has filed a certified copy of such resolution in the office
of the Prothonotary of Snyder County, Pennsylvania. The Borough Council
will not adopt a resolution accepting dedication of a road for which
plans have been approved unless and until such road has been constructed
in strict accordance with such plans by the person for whom the plans
have been approved and a deed of dedication satisfactory to the Borough
Solicitor has been submitted to the Borough.
[Ord. 236, 11/16/1993, § 1]
Any person, copartnership or corporation who or which shall
construct, open or dedicate any road or any drainage facilities in
connection therewith for public use or travel in the Borough of Middleburg
without complying with this Part shall, upon conviction, be guilty
of a misdemeanor as provided by § 1737 of the Borough Code,
53 P.S. § 46737, and shall be subject to the penalties therein
provided.
