Persons owning at least 51% of the land fronting
on any street which has not been established in a plan and profile
or which, to any extent, has not been completely improved under the
standards set out in this article may make application by petition
to the Mayor and Council requesting the establishment of such plan
and profile by the Borough Engineer and/or requesting the preparation
of an estimate and breakdown of all costs necessary for the full improvement
of such street under the provisions of this article.
Property owners making such petition shall be
required to give the Mayor and Council, in writing, their consent
to pay the costs of the services of the Borough Engineer for the work
so requested, such services to be charged for at rates not exceeding
the fees established by the New Jersey Society of Professional Engineers
and to be charged to the persons making said petition proportionately
on a front-foot basis, according to the front footage of land owned
by each such owner.
In the event that, following the rendering of
the engineering services requested in such petition and within a period
of no less than one year following the written report of the Borough
Engineer in pursuance thereof, the street shall be improved or the
construction of the improvement shall commence under circumstances
permitting the assessment of all owners benefiting thereby under the
provisions of the law in such cases made and provided, then, and in
such event, such engineering costs shall be included in the cost to
be assessed to such owners and not limited in charge to the owners
making such application.