[Adopted 12-15-1992 by Ord. No. 253 (Ch. 21, Part 3, of the 1990 Code
of Ordinances)]
This article is enacted for the purpose of creating conditions
favorable to the health, safety and general welfare of the residents
of the Borough of Adamstown 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 the specifications of this article.
A.
BOROUGH
BOROUGH COUNCIL
DEVELOPER
DRAINAGE FACILITY
STREET
Unless the context specifically and clearly indicates otherwise,
the meanings of the terms and phrases used in this article shall be
as follows:
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
The Borough Council of the Borough.
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 street intended to become part of the street
system of the Borough or intended for dedication to public use.
A facility or physical improvement intended or designed to
accept and/or dispose of stormwater runoff.
Any road, street, alley or public thoroughfare, whether actually
maintained by the Borough as part of its street system or whether
shown on a subdivision and land development plan to be offered or
dedicated to the Borough in the future as part of its street system.
B.
As used in this article, words expressed in the singular include
their plural meaning, and words expressed in the plural include their
singular meaning. The word "person" includes a corporation, its officers,
an unincorporated association, a partnership, the members of the partnership,
an individual, and any other legally recognized entity.
The provisions of this article shall be the minimum requirements
for the promotion of the purposes set forth above. Where the provisions
of this article impose greater restrictions than those of any other
statute, ordinance or regulations, the provisions of this article
shall control. 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 shall control.
No developer shall construct, build, open, dedicate or attempt
to open or dedicate any street or drainage facility for public use,
travel or usage in the Borough without first submitting plans therefor
to Borough Council or its duly designated representative for approval.
Plans for streets and/or drainage facilities shall be prepared
and submitted to the Borough in triplicate. Plans shall be prepared
to the specifications set forth in the applicable subdivision and
land development ordinance and shall contain all information required
to demonstrate compliance with the provisions of this article.
No work shall be initiated on any street or drainage facility
until the plans therefor have been finally approved by Borough Council
or its duly designated representative.
All streets and drainage facilities shown on the plans shall
be constructed in accordance with Appendix AA[1] to this article and the requirements of the Pennsylvania
Department of Transportation Form 408, latest edition. All construction
shall be in accordance with approved plans, and no changes shall be
effectuated unless the same shall receive the written authorization
of Borough Council. Notwithstanding the provisions of this section,
Borough Council reserves the right to require changes during the construction
stage where on-site conditions, in the opinion of the Borough, indicate
that the adverse effects of stormwater runoff and/or the adverse effect
to the roadbed and/or cartway may be minimized by such changes.
[1]
Editor's Note: Appendix AA, Street Paving and Surfacing, is attached to this chapter.
Prior to the initiation of construction, the developer shall
notify the Borough so that appropriate Borough officials may inspect
the street and/or drainage facility during construction. The Borough
shall be notified at least 10 days prior to the initiation of construction.
The developer, at the developer's sole expense, shall correct all
deficient work. This section shall not 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 construction.
At such time as construction of the street is found to meet
all requirements of this article and the approved plans, as modified,
if applicable, the developer, prior to offering the road for dedication,
shall submit to the Borough one as-built plan of the road, which shall
form a part of the permanent records of the Borough.
Any person requesting the Borough to accept dedication of a
road, street or alley or part thereof for public use or travel shall
deposit a filing fee with the Borough in an amount as established
by ordinance or resolution of Borough Council to cover inspection
costs, the costs of preparing the necessary ordinance of acceptance,
advertising costs, filing fees, recording fees, and other necessary
expenses for Borough Council to accept land dedicated for street purposes
pursuant to the requirements of the Borough Code. Such person shall
at the same time furnish the Borough with a maintenance guaranty,
a legal description for each road, and a minimum of five copies of
a recorded subdivision and land development plan indicating the street
to be dedicated. The Borough shall also be furnished with all information
necessary to meet the requirements of the Pennsylvania Department
of Transportation in order to enable the Borough to receive Liquid
Fuels Tax funds.
Notwithstanding the final acceptance of any road, street or
alley, or any drainage facility in connection therewith, the developer
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 Borough with
a maintenance guarantee in a form acceptable to the Borough in the
amount of 15% of the actual cost of the installation of all work and
material for the said eighteen-month period.
No action by Borough Council shall be construed to require Borough
Council to accept dedication of any road, street or alley.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 and/or to imprisonment for a term not to exceed 30 days. Every
day that a violation of this article continues shall constitute a
separate offense.
In addition to the remedies provided in § 257-34 above, any continued violation of this article which shall constitute a nuisance in fact may be abated by proceedings against the violator in a court of equity for relief.
