[Adopted 7-13-1966 by Ord. No. 49]
A. 
For the purpose of this article, a proposed street shall be a street not less than 33 feet nor more than 120 feet in width and shall extend from one existing street to another existing street. Proposed streets not meeting these specifications will require written explanations of the reason why the proposed street cannot meet said specifications.
B. 
The provisions of this article shall not apply to the streets to be constructed and dedicated pursuant to the land subdivision regulations in Chapter 312, Subdivision and Land Development, of the Code of the Township of South Whitehall.
If a majority in interest of the owners of property or properties through whose land a proposed street passes, or upon whose land it abuts desire to have the Commissioners of the Township enact, survey, lay out, ordain, open, widen, straighten or relay a street, said owners shall prepare and submit to the Board of Commissioners of the Township of South Whitehall, a petition prepared in accordance with the First Class Township Code, 1931, June 24, P.L. 1206, Article XX, § 205, as amended 53 P.S. § 57005.
The Board of Commissioners of the Township of South Whitehall shall review the petition and shall by majority vote determine whether to deny or entertain said petition.
If the Board of Commissioners of the Township of South Whitehall vote to entertain the petition, the Township Secretary shall notify the petitioners that the petition will be referred to the Township Engineer and Solicitor upon petitioners delivering:
A. 
A description by meets and bounds and nine inch by 11 inch plot plan of the proposed street prepared by an engineer.
B. 
A certification by an attorney that petitioners are a majority in interest of the owners of the land through which the street passes, or upon whose land it abuts.
Petitioner, upon receipt of written required for any additional engineering or legal data, shall promptly supply the requested information to the Township Engineer or Solicitor.
The Township Secretary upon being informed by the Township Engineer and Solicitor that the said petition is in compliance with the requirements of the First Class Township Code, shall give 10 days notice to the property owners affected thereby of the time and place when and where all parties in interest may be heard at public meeting of the Board of Commissioners.
After hearing and considering the matter, should a majority of the Board of Commissioners decide to enact, ordain, survey, lay out, open, widen, straighten and relay said street, they shall make a written report, together with a draft or survey of the street or highway, fixing the width thereof and noting the improvements along the line thereof, and the names of the owners of property through which the same shall pass or whereon it shall abut. The Board of Commissioners shall file this report in the office of the Clerk of Quarter Sessions. However, before the Board of Commissioners shall survey, lay out, open, widen, straighten or relay said street, petitioners shall be required to comply with the following conditions:
A. 
The owners of the property or properties through which the street passes, or upon whose land it abuts shall within nine months of the receipt of notice of approval from the Township Secretary construct at their own expense curbs at lines and grades established by the Township Engineer, which lines and grades shall be established in accordance to the procedure and at the cost as set forth in the Township ordinance relating to setting or resetting of curbstones [Article II]. In the event all the owners of property or properties through which the proposed street passes or upon whose land it abuts do not consent to the construct the curbs, the Township may, in its sole discretion, construction the curbs and assess the costs thereof against all the property owners.
B. 
The owners of property or properties complying with any other conditions imposed by the Board of Commissioners.
[Amended 4-14-1969 by Ord. No. 113]
Upon completion of the curbs and other conditions and approval thereof by the Board of Commissioners, the Township shall survey, lay out, open, widen, straighten and relay the street within a reasonable period of time which time shall not exceed five years from the date of approval, and the Board of Commissioners may, in its sole discretion, assess up to 100% of the cost of surveying, laying out, opening, widening, straightening and/or relaying the street against the property owners of all property or properties through which the street passes or upon whose land it abuts.