[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:
Profiles of proposed roads, showing grades, cuts and fills.
Course, structure and capacity of all drainage facilities, indicating the method of drainage of the adjacent or contiguous territory.
Cross sections of paving, indicating depth and type of each course.
Names of all roads.
Locations of all existing or proposed gas, water, electric and other mains, pipes and conduits.
All other improvements and utilities to be installed or erected thereon.
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.
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.