[Adopted 7-8-1985 by Ord. No. 313]
This Part 2 shall be known and shall be cited as the "Lower Providence Township Ultimate Right-of-Way Ordinance."
The provisions of this Part 2 are applicable to all public streets existing in the Township as of the effective date of this Part 2, as depicted on the Ultimate Right-of-Way Map of Lower Providence Township, dated July 1985.[1] Said Map, as may be amended, is adopted by reference as part of this Part 2. The provisions of this Part 2 shall also be applicable to all planned pubic streets which abut or pass through any subdivision or land development proposed within the Township, as well as to those public streets which abut or pass through any lot in the Township for which construction activity is proposed, which, under applicable Township regulations, requires a building permit.
[1]
Editor's Note: The Ultimate Right-of-Way Map is available for examination in the Township Offices.
This Part 2 is enacted pursuant to Section 670 of the Pennsylvania State Highway Law, as amended; Articles XI and XII of the Pennsylvania Second Class Township Code, as amended; and Articles III, IV and V of the Pennsylvania Municipalities Planning Code (Act 247 of 1968), as amended.[1]
[1]
Editor's Note: See 36 P.S. § 670-101 et seq., 53 P.S. §§ 66101 through 66230 and 53 P.S. §§ 10301 through 10516, respectively.
The intent of this Part 2 is to promote the general health, safety and welfare of Lower Providence Township, its residents and all members of the traveling public by preserving the land needed for present and future transportation purposes from inappropriate and confining development and providing the physical improvements within that area as needed to adequately accommodate the traveling public. In advancing these principles, the specific intent and purpose of this Part 2 is to:
A. 
Provide adequate land in the public rights-of-way of sufficient width to comfortably accommodate both present and future vehicular traffic demands, to accommodate future street widening to service said demands, to provide for sufficient area for storm drainage and to provide adequate land for pedestrian sidewalks and other related public improvements.
B. 
Implement the transportation and access recommendations of the (Draft) Lower Providence Township Comprehensive Plan, 1981.
C. 
Comply with the intent, provisions and requirements of the Lower Providence Township Subdivision and Land Development Ordinance, adopted 1985, as amended.[1]
[1]
Editor's Note: See Part 1, Subdivision Regulations, of this chapter.
D. 
Ensure that adequate land of proper alignment and right-of-way is available for the realignment of existing streets or the construction of new streets that are critical components of the Township's circulation system in highway or other planning studies or in the (Draft) Lower Providence Township Comprehensive Plan, 1981.
E. 
Provide efficient and economical facilities from the movement of people and goods in the Township by reducing travel time and congestion, increasing the mobility of the population and reducing the costs to users and consumption of resources on the public transportation system.
On all subdivision or land development plans or plans for construction activity as defined in § 123-82 above, the following information shall be included on the plans:
A. 
The ultimate right-of-way line for each existing or proposed public street abutting or passing through the subject tract or parcel shall be shown on the plan and clearly labeled as the ultimate right-of-way line.
(1) 
For abutting streets, 1/2 of the ultimate right-of-way width shall be shown on the plan as measured from the center line of the street to the subject tract or parcel.
(2) 
The ultimate right-of-way for existing public streets, or extensions thereof, shall be determined by referring to the Ultimate Right-of-Way Map and shall comply with § 123-31 of Part 1.
(3) 
The ultimate right-of-way for new public streets shall be determined by the Township according to § 123-29, Street classifications, and § 123-31, Ultimate rights-of-way; cartway widths; parking, of Part 1.
(4) 
The Board of Supervisors may require additional widths in compliance with § 123-31A of Part 1.
B. 
The front lot line (street frontage) for all lots bordering on an existing public street shall be drawn along the street's ultimate right-of-way line.
C. 
Any lot created after the effective date of this Part 2 shall have its minimum lot area and any setbacks required by Chapter 143, Zoning, computed using the ultimate right-of-way line as a front lot boundary.
Unless otherwise regulated by § 123-87 of this Part 2, the area between the existing right-of-way line and the ultimate right-of-way line shall be offered for dedication to Lower Providence Township or to the authority having jurisdiction over the street. The Township shall accept a deed of dedication for such land at the time of development, or the Township may accept a deferred dedication whereby the developer(s) agrees to offer a deed of dedication for this land to the appropriate jurisdiction when needed for cartway widening and/or other improvements.
A. 
All final plans for new subdivisions or land developments and all site plans for building permits which in either case contain land to be dedicated for street improvements in compliance with this section shall contain a note stating the following: "All land in the area between the existing right-of-way line and the ultimate right-of-way line or existing public streets, for the entire frontage of this property, and/or all land between the ultimate right-of-way lines of each proposed street is hereby offered for dedication to Lower Providence Township (or to the authority having jurisdiction over the street) for future cartway widening and/or other improvements."
B. 
All final plans for subdivisions or land developments and all site plans for building permits where, in either case, the Township has agreed to accept a deferred dedication shall contain a note stating that all land described in the required dedication note in Subsection A above shall be reserved for street improvements and shall be offered for dedication to the authority having jurisdiction over the street, at the time such land is needed for public improvements.
C. 
This section is not intended to vary or alter the duties of a developer or owner with regard to construction and dedication of new public streets, in compliance with the Lower Providence Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Part 1, Subdivision Regulations, of this chapter.
The Board of Supervisors may reduce or alter the ultimate right-of-way line required in § 123-85 of this Part 2 in order to respond to the situations described below, in the manner described:
A. 
When an existing building or any portion thereof lies within the ultimate right-of-way and the buildings shall remain in use, the land within the ultimate right-of-way which is under that building and within four feet of the exterior walls should be reserved in accordance with Subsection E below.
B. 
When any portion of an existing cemetery is within an ultimate right-of-way, a reservation of land should be sufficient. The reservation of land shall be in compliance with Subsection E below.
C. 
When any portion of the area between the existing right-of-way line and the ultimate right-of-way line is closer than 20 feet to an historic building or other feature of a recognized historic site, the land area within the ultimate right-of-way which overlaps the historic area may be reserved for road widening in compliance with Subsection E below.
D. 
When a public street improvement changes the alignment of a street abutting the applicant's land, the applicant may base his dedication of land on the required ultimate right-of-way after the realignment, which may, in some cases, reduce the area of the applicant's land needed for street widening. If the applicant proposes to construct the realignment, he may base the ultimate right-of-way line on the new alignment if such alignment is approved by the Township and/or the authority having jurisdiction over the street.
E. 
When the Township accepts the reservation of some portions of the applicant's land within the ultimate right-of-way, including land described in Subsection A above, the land area being reserved shall be clearly drawn on the plan and labeled "Reserved for future street improvements." The plan shall contain a note stating the following: "All land lying between the existing right-of-way line and the ultimate right-of-way line on existing public streets or between the ultimate right-of-way lines of each proposed street is hereby offered for dedication to Lower Providence Township (or to the authority having jurisdiction over the street), except that all land labeled on this plan as Reserved for future street improvements is hereby reserved for future cartway widening and/or other improvements."
The deed for each and every lot located on an existing public street created by subdivision after the effective date of this Part 2 shall specifically note that the area between the existing and ultimate rights-of-way is dedicated for street widening and improvement purposes, except that, when the Township accepts the reservation of land, the deed shall note the area reserved for future street widening and/or its improvements. In addition, each such deed shall acknowledge, by appropriate notation, the financial liability limitation contained in § 123-89 below.
On any land within an ultimate right-of-way which has been or is being dedicated, no financial compensation shall be provided for any structure, fence, wall, landscaping or other feature constructed or placed therein after the effective date of this Part 2. For any structures or other improvements existing therein as of the effective date, financial compensation shall be paid as required by law. This shall be done if and when the governmental agency having jurisdiction over the affected road condemns the land on which the structure or improvement is located for road widening or related purposes.
If a landowner or developer believes that the literal application of the requirements of this Part 2 would cause undue hardship or be plainly unreasonable and unnecessary, he shall request, in writing, that a waiver be granted. The request shall present the justification for a waiver. The Board of Supervisors, or its designated representative, may grant such reasonable exceptions if, in its opinion, it will not be contrary to the public interest. If a waiver is not requested, the standard of this Part 2 shall be applied literally.