[HISTORY: Adopted by the Board of Supervisors
of the Township of Elizabeth as indicated in article histories. Amendments
noted where applicable.]
[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.
BOARD OF SUPERVISORS
DEPARTMENT
DEVELOPER
DRAINAGE FACILITY
MPC
TOWNSHIP
TOWNSHIP ENGINEER
In addition, the following terms shall have the meanings
indicated:
The governing body of the Township of Elizabeth.
The Department of Transportation of the Commonwealth of Pennsylvania.
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.
A facility or physical improvement intended or designed to
accept and/or dispose of stormwater runoff.
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.
The Township of Elizabeth, Lancaster County, Pennsylvania,
acting by and through its Board of Supervisors or other agents.
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.
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.
[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:
The traveled portion of any road.
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.
The total width, including the cartway, shoulder and unpaved
portions, of a 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.
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.
