[Adopted 4-2-1951 by Ord. No. 3]
No person shall construct, open or dedicate
any road, street, lane or alley, or drainage facilities in connection
therewith, for public use or travel in the Township, except in strict
accordance with plans which have been submitted to and approved by
the Board of Commissioners.
Such plans shall show:
A.
Profiles of proposed roads, showing grades, cuts and
fills.
B.
Course, structure and capacity of all drainage facilities,
indicating the method of drainage of the adjacent or contiguous territory.
C.
Cross sections of paving, indicating depth and type
of each course.
D.
Names of all roads.
E.
Road widths.
F.
Locations of all existing or proposed gas, water,
electric and other mains, pipes and conduits.
H.
All other improvements and utilities to be installed
or erected thereon.
I.
Any other details that may be required by any rules
and regulations adopted by the Board of Commissioners.
[Amended 7-8-1975 by Ord. No. 1975-11]
All roads and streets shall be improved in accordance
with the standards and specifications of the Subdivision of Land Ordinance
of the Township of Caln.[1]
All plans, together with an application for
the approval thereof, shall be filed in duplicate with the Township
Secretary at least 30 days prior to the regular meeting of the Board
of Commissioners at which it is desired that such plans be considered.
The Board of Commissioners reserves the right
to specify such alterations, changes or modifications of plans as
it deems necessary and may make approval of such plans subject to
such alterations, changes or modifications. Prior to taking action
on any plans, the Board of Commissioners may hold a public hearing
thereon after giving such notice as it deems advisable in each case.
No approval of plans by the Board of Commissioners shall obligate
or require the Township to construct, reconstruct, maintain, repair
or grade roads indicated thereon.
All plans and specifications when approved shall
be signed on behalf of the Township by the Board of Commissioners,
and an approved copy shall be filed with the Township Secretary, who
shall make such copy available for public inspection.
Where the Board of Commissioners shall refuse
to approve any plans submitted to it in accordance with this article,
any person aggrieved by the action of the Commissioners may, within
30 days after such action, appeal therefrom by petition to the Court
of Common Pleas of Chester County. Such appeal shall be heard de novo,
and after hearing, the Court may enter a decree affirming, reversing
or modifying the action of the Board of Commissioners. The Court shall
designate the manner in which notices of the hearing of any such appeal
shall be given to all parties interested. The decision of the Court
shall be final.
All plans approved by the Board of Commissioners
or by the Court on appeal shall be recorded by the person applying
for such approval in the office of the Recorder of Deeds of Chester
County.
Before the applicant shall undertake the construction
of any improvements subject to the provisions of this article, he
shall enter into a contract, in writing, with the Township, in which
he shall agree to perform the work described in the plans in strict
accordance with the plans as finally approved by the Board of Commissioners.
In addition, the applicant shall furnish a bond, in such amount and
with such surety as shall be approved by the Board of Commissioners,
to guarantee the performance of the contract. In lieu of a bond, the
applicant may deposit cash to guarantee performance of said contract,
upon an escrow agreement and with an escrow agent approved by the
Board of Commissioners.
If any road or any 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
in accordance with the provisions of this article, neither the Board
of Commissioners 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, and neither the Board of Commissioners
nor any other public authorities shall have any responsibility of
any kind with respect to any 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
or water or gas mains if required by engineering necessity for the
accommodation of other territory.
Fees to defray the costs of inspection shall
be paid by the applicant at the time application for approval of plans
is made. The amount of such fee shall be determined according to a
general fee schedule adopted by resolution of the Board of Commissioners,
and all such fees shall be paid into the Township treasury.
Nothing contained in this article shall be held
to restrict or limit the State Department of Highways or the County
of Chester in the exercise of its duties, powers and functions.
[Amended 7-8-1975 by Ord. No. 1975-11]
Any person who shall violate any provisions
of this article shall, upon summary conviction before an issuing authority
having jurisdiction thereof, be punishable by a fine of not more than
$300 and costs of such proceedings and, upon default of payment of
such fine and costs, by imprisonment in the county jail for a term
of not more than 30 days. The continuation of such violation for each
successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
