§ 93.40  CONDITIONS OF ACCEPTANCE.
   No road, street or alley will be accepted by dedication for public use or travel as a township road by action of Township Supervisors until the following conditions have been met.
   (A)   Submission of a plan. A plan must be submitted and filed with the Township Secretary-Treasurer at least ten days prior to the regular meeting of the Township Supervisors which shows profiles of the road, street, lane or alley, the course, structure and capacity of any drainage facilities, the method of drainage of the adjacent or contiguous territory and drainage profile of the street or road and related properties. All roads and streets shall have a cartway of not less than 33 feet and a right of way of 50 feet. All roads and streets connecting with existing streets so as to form a continuation or extension thereof shall not be less in width than such existing roads and streets. All roads and streets where possible shall connect with existing roads and streets so as to form, as near as possible, through road and streets and a harmonious and systematic development of the township. The names of the roads and streets shall not conflict with the names of existing roads and streets, and all roads and streets shall be designated by the names of existing roads and streets with which they connect as extensions thereof. When applicable, all sewers, sewer laterals, sewer connections, water, gas and electrical connections shall be laid on all streets or roads prior to acceptance by the Township Supervisors. The Township Supervisors reserve the right to alter the plan and to specify any change or modification deemed necessary and to make approval of the plan subject to any such change or modification.
   (B)   Minimum paving requirements.
      (1)   Street improvements.
         (a)   Minimum paving requirements. Streets shall be graded, surfaced and improved to the grades and dimensions shown on plans, profiles and cross-sections submitted by the subdivider and approved by the Planning Commission. At a minimum, street pavement shall be in accordance with the State Department of Transportation’s pavement specifications.
 
Required Pavement Construction
Type of Street
Surface Type
Type
Required Pavement Construction Base Course Thickness (inches)
Collector
B
C
10
 
         (b)   Minor marginal access requirements. Minor marginal access requirements shall be as follows:
            1.   Three-inch ID-2 surface course, in accordance with § 5.9 of the State Department of Highways 1960 specifications;
            2.   Double-application surface treatment, according to the State Department of Transportation’s specifications; and
            3.   Stone base course, in accordance with § 4.2 of the State Department of Highways 1960 specifications.
      (2)   Other improvements.
         (a)   The Planning Commission may require a higher type of pavement than specified in Table 1, or improvements in addition to those set forth in the table, where it deems such to be necessary because of prospective traffic safety of pedestrians in connection with sidewalks, or in order to conform to conditions prevailing in the neighborhood, in which latter case the neighborhood standard shall generally apply; crosswalks may be required when deemed necessary by the Planning Commission.
            1.   Subsurface drainage. Prior to placing the street surface, adequate subsurface drainage for the streets and all subsurface utilities as acceptable to the Commission shall be provided or installed by the subdivider.
            2.   Slopes. Slopes of banks measured perpendicular to the center line of the street shall not exceed three to one for fills and two to one for cuts.
         (b)   In all respects in which standards for required improvements are not set forth herein or specified by the Planning Commission, the applicable standard requirements of the State Department of Transportation shall govern, and all work shall be performed in the manner prescribed in the standard specifications for road construction of said Department for the type of construction under consideration.
      (3)   Approval, maintenance and security.
         (a)   The work of constructing streets or roads, including the construction methods and materials incident thereto, shall be subject to the approval of the Township Engineer. Final acceptance of the completed streets or roads shall rest with the Board of Township Supervisors. The subdivider shall enter into a contract with the Board of Township Supervisors, which provides that in consideration of the acceptance of the roads or streets for inclusion in the township highway system, the subdivider agrees to construct the roads or streets in the subdivision to the standards prescribed herein at his or her own expense with no cost to the township.
         (b)   In the event that the owner or subdivider desires to complete the construction of the streets after the plat is placed on record, he or she shall be required to submit a cost estimate prepared by a registered professional engineer, setting forth all items of work to be performed and the estimated cost. Said estimate shall be subject to the approval of the Township Engineer. A certified check or contract performance bond issued by a surety company, subject to the approval of the Board of Township Supervisors, in an amount equal to the approved estimate, to ensure the completion of the work shall be filed with the Board of Township Supervisors. All construction items shall be completed within one year after the plat is placed on record, except where bituminous paving construction is required. When bituminous construction is required, it shall be completed within two years after the plat is placed on record.
         (c)   The certified check shall be made payable to the township. In the event that the work is satisfactorily completed within the time specified, the certified check or surety bond shall be returned.
         (d)   The owner or subdivider shall be required to maintain all culverts, ditches, backslopes and shoulders on all streets for a period of two years after their completion. All exposed surfaces on which a turf or sod has not been developed shall be reseeded or sodded. An estimate of cost shall be prepared by a registered professional engineer, setting forth all items of work to be performed and the estimated cost. Said estimate shall be subject to the approval of the Township Engineer. The owner or subdivider shall deposit with the Board of Township Supervisors a certified check or performance bond issued by a surety company in an amount of not less than the cost of maintaining said streets for a period of two years.
   (C)   Petition to dedicate. A petition and deed of dedication to take over the street or road and a release of damages must be executed and submitted to the Township Supervisors at or prior to a regularly scheduled meeting. The petition must be in a form prescribed or approved by the Township Solicitor, contain all the signatures of all abutting landowners on the road or street, contain a survey of the road or street described by metes and bounds and indicating all abutting land owners, contain a provision releasing damages and agreeing to save harmless the township and its Supervisors from all liabilities, suit or claims for damages from such taking over of the road and street and contain a provision nominating an agent for all the parties to whom all necessary notices may be sent. The costs of preparation of the petition and advertising the same pursuant to statutory mandates thereon are the responsibility of the petitioning parties.
(1987 Code, § 98-1)  (Ord. 2-73A, passed 11-5-1973; Ord. 1-80, passed 9-8-1980)
Cross-reference:
   Excavations, see Ch. §§ 93.01 through 93.05
   Subdivision of land, see Ch. 155