§ 5513. Acceptance of land for street purposes.

1,101 words·~5 min read·/pa/title-73/chapter-55/5513

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(a)Board acceptance of land.-- The board of commissioners may, by ordinance or resolution, accept in the name of the township any land dedicated by deed to the township to be used in any manner for street purposes.

(b)Certain designations prohibited.-- No person shall construct, open or dedicate any street or drainage facilities in connection with the street for public use or travel in a township without first submitting plans to the board of commissioners for approval. The plans shall be prepared in accordance with rules and regulations as may be prescribed by the board of commissioners and shall show the profiles of the streets, the course, structure and capacity of any drainage facilities, the method of drainage of the adjacent or contiguous territory and any other details required under the rules and regulations adopted by the board of commissioners.

(c)Application.-- The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, shall apply to the construction, security requirements and dedication of streets and connected drainage facilities if the streets proposed to be constructed are part of a plan required by an ordinance adopted under the Pennsylvania Municipalities Planning Code.

(d)Board powers.--

(1)Before acting upon plans not subject to review under subsection (c), the board of commissioners may, in the board's discretion, arrange for a public hearing, after giving notice as the board of commissioners may deem desirable in each case. The board of commissioners may alter the plans and specify changes or modifications of any kind and may make the approval of the plans subject to alterations, changes or modifications. Plans, when approved, shall be signed on behalf of the township by an officer as the commissioners may designate, and an approved copy shall be filed in the township engineer's office or other proper office and be available for public inspection.

(2)No street or drainage facilities in connection with the street shall be opened, constructed or dedicated for public use or travel except in compliance with plans approved by the board of commissioners and until the approved plan is recorded as required in this chapter.

(e)Board refusal to approve.-- If the board of commissioners refuses to approve a plan submitted to the board under this section, a person aggrieved by the action of the board of commissioners may, within 30 days after the action, appeal from the action by petition to the court of common pleas, and the court shall hear the matter de novo. The following shall apply:

(1)After a hearing, the court may enter a decree affirming, reversing or modifying the action of the board of commissioners as may appear just.

(2)The court shall designate the manner in which notices of the hearing of an appeal shall be given to all parties interested.

(3)The decision of the court shall be final.

(4)A plan approved by the action of the board of commissioners or by the court on appeal shall be recorded by the person applying for approval in the office of the recorder of deeds of the county.

(f)Limitations.-- If a street or drainage facilities in connection with a street is opened, constructed or dedicated for public use or travel, except in compliance with plans approved and recorded, neither the board of commissioners nor a public authority shall be required to place, construct or operate a sewer, drain, water pipe or other facilities or do any work of any kind in or upon the street. Neither the board of commissioners nor any other public authority shall have any responsibility of any kind with respect to the street or drainage facilities, even if the street or drainage facilities are in use by the public, unless the street or drainage facilities are accepted by ordinance or by deed of dedication. Nothing in this part shall prevent the laying of trunk sewers, drains or water or gas mains if required by engineering necessity for the accommodation of other territory.

(g)Failure to obtain plan approval.-- If a person opens a street or drainage facility in connection with the street without submitting and obtaining approval of plans as provided in this section, and if the board of commissioners shall have no information that the street or drainage facility is intended for public use or travel, the board of commissioners may, in the board's discretion, file with the recorder of deeds of the county a certificate containing a description of the land served by the street or drainage facility in connection with the street. The board of commissioners shall include a statement that, as the board of commissioners have not approved the plans, neither the board of commissioners nor any other public authority shall have any responsibility to furnish any facilities or services with respect to the land or have any responsibility of any kind with respect to the street or drainage facility. The owner of the land shall be designated and indexed as grantor in the records of the office of the recorder of deeds, and the township shall be designated and indexed as grantee. It shall not be necessary for the certificate to be executed by any party other than the board of commissioners filing the certificate.

(h)Enforcement and failure to certify.--

(1)Nothing in this section shall be deemed to prevent the board of commissioners from enforcing the provisions of this part in which a street or drainage facility in connection with the street is intended for public use or travel.

(2)If a township fails to file a certificate under subsection (g), nothing in this section shall be interpreted to create a deemed approval of the plans nor create any responsibility of the township with respect to the land, street or drainage facility.

(i)Offense.-- A person who constructs, opens or dedicates a street or drainage facilities for public use or travel in a township without having first complied with the provisions of this section and of any ordinances or resolutions of the board of commissioners commits a misdemeanor of the third degree and is subject to suit for all costs and damages incurred by the township or property owners in the course of correcting substantive violations of State or municipal law or regulations resulting from or arising out of the unlawfully constructed street or facility. All money recovered shall be paid to the township treasurer.

(j)No maintenance required.-- No approval of plans by the board of commissioners shall obligate or require the township to construct, reconstruct, maintain, repair or grade the streets.

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