[Ord. 4-2000, 3/8/2000, § I]
The Township of Canton, Washington County, Pennsylvania (hereinafter
the "Township") hereby adopts the policy of accepting existing private
roads/streets into the road system.
[Ord. 4-2000, 3/8/2000, § II]
Where a given road which has been heretofore classified or referred
to as a "private road" is to be considered for acceptance into the
road system, an initial investigation shall be conducted by the Township
to determine whether or not the road has ever been formally ordained
or accepted by the Board of Supervisors of Canton Township (hereinafter
"the Supervisors"), whether the road or street is part of a subdivision
which has been recorded in the Recorder's Office of Washington County
with dedications and/or releases of damages, or whether the road or
street has, in fact, been used on a regular basis by the public, giving
rise to an acceptance by implication and by public use. After this
investigation has been completed, a recommendation shall be made as
to whether or not the road can be incorporated into the road system.
If the investigation established that legal impediments exist which
prevent the acceptance of the road or street or which may give rise
to damages in the event the road or street is accepted, the Supervisors
may, if it feels such action is appropriate, authorize and allocate
funds necessary to acquire the necessary consent, waivers, rights-of-way
or releases which will alleviate the legal impediments and enable
the Township to accept the road or street into the road system.
[Ord. 4-2000, 3/8/2000, § III]
The Township shall not consider accepting a private road into the road system effectuating the procedure outline in § 21-302, unless it shall receive a petition which requests the acceptance of the street involved into the road system and which was executed by a majority of the property owners who abut on the street or portion of street which is being considered for acceptance.
[Ord. 4-2000, 3/8/2000, § IV]
Even though the acceptance of private road as public roads may
ultimately result in the expenditure of Township funds, the overall
objective of improving the Township's road system is of such importance
to the growth of the Township that the Supervisors are authorized
to allocate from the general funds, such amounts as may be necessary
to implement the project and such funds may be used to acquire deeds
of dedication, easements and rights-of-way, to obtain releases and
waivers of damage in order to remove the legal impediments preventing
the acceptance of a given street or for any other purposes so required.
[Ord. 4-2000, 3/8/2000, § V]
In arriving at their decision, the Supervisors may authorize
the Township Engineer and the Township Solicitor to review each proposed
road, and to report, among other things, an estimate of the possible
damages and costs involved to take over a road, the costs of improving
the street and/or road, and the costs, including legal fees, of acquiring
the necessary deeds of dedication, easements, rights-of-way, releases
and waivers of damages.
[Ord. 4-2000, 3/8/2000, § VI]
Upon receipt of the information, secured pursuant to § 21-305 above, the Supervisors shall make a definite decision whether, in light of the legal problems and the estimated costs involved, the road and/or street shall be further considered for acceptance. If an affirmative decision is reached, the Supervisors shall establish the procedure to be followed and shall authorize the expenditure of such funds as may be necessary to carry out this procedure.
[Ord. 4-2000, 3/8/2000, § VII]
Whenever appropriate, all of the costs of accepting the road
and/or street into the road system, including, but not necessarily
limited to, the legal fees, the engineering charges, the costs of
securing and recording appropriate deeds of dedication, easements,
rights-of-way, releases and waivers of damages, together with such
other administrative expenses as may result, shall be apportioned
equitably against all involved property owners pursuant to law and
consistent with the Township's established policy. If this is not
possible because of legal impediments or is otherwise impractical
or inequitable, then and in that event, such amounts as may be necessary
may be appropriated out of the general fund to accomplish these objectives.
[Ord. 4-2000, 3/8/2000, § VIII]
When the acceptance of a particular road and/or street may be
based upon an implied acceptance by public user, the appropriate municipal
officials shall determine such facts as are available and the Supervisors
shall either hold a public hearing or place the matter on the agenda
of one of its regular meetings, at which time documentation and evidence
may be introduced into the record on the issue. Township residents
and interested parties may offer such evidence as appropriate, and
an overall determination shall be made as to whether there has been
an implied dedication of acceptance by public user which will authorize
legal acceptance of the road/street into the road system. In the even
a hearing is held, or the matter is placed on the agenda, a verbatim
record will be made of all testimony and comments, and all documentation
shall be appropriately marked as exhibits and kept in a separate file
pertaining to the road and/or street involved.
[Ord. 4-2000, 3/8/2000, § IX]
In the event that a public hearing is held for considering whether
to accept a particular street/road into the road system, the hearing
procedure shall conform in all respects, except as otherwise specifically
outline herein, to the procedure utilized in considering curative
amendments submitted to the Supervisors pursuant to § 609.1
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10609.1
et seq., as far as hearings, the production of documents, the taking
of testimony and the submission of evidence are concerned.
[Ord. 4-2000, 3/8/2000, § X]
Any street, road or part thereof, dedicated for acceptance under
this Part into the road system, shall comply with the minimum requirements
of the Pennsylvania Department of Transportation covering the allocation
of liquid fuel tax receipts and the standards promulgated therewith.
[Ord. 4-2000, 3/8/2000, § XI]
Prior to improving any street, road or part thereof, an investigation
shall be conducted by the Township Engineer to determine the possible
existence of utility lines under the street, road or part thereof,
proposed to be improved and the said street, road or part thereof,
shall not be improved unless or until appropriate steps are taken
to either remove the utility lines or to otherwise alleviate the problem
in a manner satisfactory to the Township Engineer.
[Ord. 4-2000, 3/8/2000, § XII]
The Supervisors shall also establish by resolution such other
procedures and adopt such regulations as may be appropriate to effectuate
the general intent of this Part.
