[Adopted 7-24-1995 by Ord. No. 1544 (Ch. 21, Part 12, of
the 1995 Code)]
The City of DuBois hereby adopts the policy of accepting existing
roads and/or streets improved to City specifications into the road
system.
Where a given road which has been heretofore classified or referred
to as a "private road" is to be considered for acceptance into the
road system, an initial investigation shall be conducted by the City
of DuBois to determine whether or not the road has ever been formally
ordained or accepted by the City Council; whether the road or street
is part of a subdivision which has been recorded in the Recorder's
Officer of Clearfield County with dedication and/or release of damages,
or whether the road or street has, in fact, been used on a regular
basis by the public, giving rise to an acceptance by implication and
by public use. After this investigation has been completed, a recommendation
shall be made as to whether or not the road can be incorporated into
the road system. If the investigation establishes that legal impediments
exist which prevent the acceptance of the road or street or which
may give rise to damages in the event the road or street is accepted,
the City Council may, if it feels such action is appropriate, authorize
and allocate funds necessary to acquire the necessary consents, waivers,
rights-of-way or releases which will alleviate the legal impediments
and enable the City of DuBois to accept the road or street into the
road system.
The City of DuBois shall not consider accepting a private road into the road system effectuating the procedure outlined in § 385-70, unless it shall receive a petition which requests the acceptance of the street involved into the road system and which was executed by a majority of the property owners who abut on the street or portion of street which is being considered for acceptance.
Even though the acceptance of private roads as public roads
may ultimately result in the expenditure of City of DuBois funds,
the overall objective is of such importance to the growth of the City
of DuBois that the City Council shall be authorized to allocate from
the general funds such amounts as may be necessary to implement the
project, and such funds may be used to acquire deeds of dedication,
easements and rights-of-way, to obtain releases and waivers of damage
in order to remove the legal impediments preventing the acceptance
of a given street, or for any other purpose so required.
The City of DuBois shall treat the proposed street or road which
is to be incorporated into the road system on an individual basis
and shall investigate the facts surrounding the issue of whether the
City of DuBois has a legal basis for accepting the road and/or street
into its road system. The City Council shall then request the Solicitor
to make a recommendation as to the appropriate legal approach which
can be utilized to accomplish this objective, together with an estimate
of the possible damages and costs involved in taking over specific
individual roads and/or streets involved.
Upon receipt of the information, secured pursuant to § 385-73 of this article, the City Council shall make a definitive decision whether, in light of the legal problems and the estimated costs involved, the road and/or street shall be further considered for acceptance. If an affirmative decision is reached, the City Council shall establish the procedure to be followed and shall authorize the expenditure of such funds as may be necessary to carry out this procedure.
In arriving at its decision, the City Council may authorize
the City Engineer and the City Solicitor to review each proposed road,
considering, among other things, the costs of improving the street
and/or road and of acquiring the necessary deeds of dedication, easements,
rights-of-way, releases and waivers of damages.
Whenever appropriate, all of the costs of accepting the road
and/or street into the road system, including, but not necessarily
limited to, the legal fees, the engineering charges, the costs of
securing and recording appropriate deeds of dedication, easements,
rights-of-way, releases and waivers of damages, together with such
other administrative expenses as may result, shall be apportioned
equitably against all involved property owners pursuant to law and
consistent with the City's established policy. If this is not possible
because of legal impediments or otherwise not feasible, then and in
that event such amounts as may be necessary may be appropriated out
of the general fund to accomplish these objectives.
When the acceptance of a particular road and/or street may be
based upon an implied acceptance by public use, the appropriate City
officials shall determine such facts as are available, and the City
Council shall either hold a public hearing or place the matter on
the agenda of one of its regular meetings, at which time documentation
and evidence may be introduced into the record on the issue. City
of DuBois residents and interested parties may offer such evidence
as appropriate, and an overall determination shall be made as to whether
there has been an implied dedication of acceptance by public use which
will authorize legal acceptance of the road and/or street into the
road system.
The procedure which shall be adopted for considering whether
to accept a particular street and/or road into the road system shall
conform in all respects, except as otherwise specifically outlined
herein, to the procedure utilized in considering curative amendments
submitted to the City Council pursuant to § 609.1 of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10609.1,
as far as hearings, the production of documents, the taking of testimony
and the submission of evidence are concerned.
In the event a hearing is held, or the matter is placed on the
agenda, a verbatim record will be made of all testimony and comments,
and all documentation shall be appropriately marked as exhibits and
kept in a separate file pertaining to the road and/or street involved.
Any street, road or part thereof dedicated for acceptance under
this article into the road system shall comply with the minimum requirements
of the Pennsylvania Department of Transportation covering the allocation
of liquid fuel tax receipts and the standards promulgated therewith.
The City of DuBois, upon appropriate action by the City Council,
may grade, curb, gutter, pave or otherwise improve with suitable materials
any public street, road or part thereof laid out and opened in the
City, accepted by formal resolution or declared in appropriate proceeding
to be a public road by virtue of public use. Such work may be done
by City employees or by contract, as the City Council shall determine.
No street, road or any part thereof shall be improved under the provisions
of this article except by petition of a majority of the owners of
property abutting on the street or road or part thereof proposed to
be improved.
The costs and expenses of any such improvement may be collected
from the owners of the real estate abutting on such street, road or
part thereof by an equal assessment on the foot front. Such assessment
shall be estimated by the City Engineer. If this standard of assessment
is impracticable or for any reason inequitable, the City Engineer
shall adopt such other method of assessment as may be legally acceptable
and equitable in the premises.
Prior to improving any street, road or part thereof, an investigation
shall be conducted by the City Engineer to determine the possible
existence of utility lines under the street, road or part thereof
proposed to be improved, and the said street, road or part thereof
shall not be improved unless or until appropriate steps are taken
to either remove the utility lines or to otherwise alleviate the problem
in a manner satisfactory to the City Engineer.
The City Council shall also establish such other procedures
and adopt such regulations as may be appropriate in the premises to
effectuate the general intent of this article.
