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§ 67317. Approval of plans

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal Corporations

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part X. Townships of the Second Class
Chapter 141. Second Class Township Code (Refs & Annos)
Article XXIII. Roads, Streets, Bridges and Highways (Refs & Annos)
53 P.S. § 67317
§ 67317. Approval of plans
(a) No person shall construct, open or dedicate any road or any drainage facilities for public use or travel without first submitting plans thereof to the board of supervisors for its approval. The plans shall be prepared under rules and regulations adopted by the board of supervisors and shall show the profiles of the roads, the course, structure and capacity of any drainage facilities, the method of drainage of the adjacent or contiguous territory and any other details that may be required under the rules or regulations adopted by the board of supervisors. The board of supervisors may alter the plans and specify any changes or modifications of any kind and may make its approval of the plans subject to those alterations, changes or modifications. The plans when so approved shall be signed by the board of supervisors, and a copy shall be filed with the secretary of the township. No road or drainage facilities shall be opened, constructed or dedicated for public use or travel except in compliance with plans approved by the board of supervisors and until the approved plan is recorded as required in this section.
(b) If the board of supervisors refuses to approve any plans submitted to it under this section, any person aggrieved by the action of the board of supervisors may within thirty days appeal to the court of common pleas. The court shall hear the matter de novo and, after hearing, may enter a decree affirming, reversing or modifying the action of the board of supervisors.
(c) The action of the board of supervisors, or of the court on appeal, in approving any plans shall be recorded by the person applying for the approval in the office of the recorder of deeds of the county.
(d) No person shall present to the recorder of deeds any plan which has not been approved by the board of supervisors. Approval shall be so indicated on the plan presented for recording.
(e) If any road or any drainage facilities are opened, constructed or dedicated for public use or travel, except in compliance with plans approved and recorded, neither the board of supervisors nor any public authorities shall be required to place, construct or operate any sewer, drain, water pipe or other facilities or do any work of any kind in or upon that road; and neither the board of supervisors nor any other public authorities have any responsibility of any kind with respect to the road or drainage facilities even if they are in use by the public. Nothing in this act shall prevent the laying of trunk sewers, drains or water or gas mains if required by engineering necessity for the accommodation of other territory.
(f) Any person who constructs, opens or dedicates any road or any drainage facilities in connection therewith for public use or travel in any township without having first complied with this section and any resolutions of the board of supervisors commits a misdemeanor of the third degree and is subject to a suit for all costs and damages incurred by the township or property owners in the course of correcting all substantive violations of State or municipal law or regulations resulting from or arising out of the unlawfully recorded plan. All fines and moneys so recovered shall be paid to the township treasurer.
(g) No approval of plans by the board of supervisors shall obligate or require the township to construct, reconstruct, maintain, repair or grade the roads.

Credits

1933, May 1, P.L. 103, No. 69, § 2317, added 1995, Nov. 9, P.L. 350, No. 60, § 1, effective in 180 days.
53 P.S. § 67317, PA ST 53 P.S. § 67317
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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