[Adopted 9-16-1968 by Ord. No. 737 (Ch. 21, Part 2, of the 1993 Code of Ordinances)]
No ordinance laying out, ordaining and opening any street or street extension hereinafter enacted shall have effect until the Borough is assured of the payment for all street construction costs by abutting owners by either of the following, whichever shall apply:
A. 
Whenever the abutting lands are subdivided into individual lots as shown on the current County Assessment Maps in accordance with a duly recorded plan of lots more than 10 years old, then the Borough Engineer shall certify: the total street construction costs involved including design and supervision; the respective lot frontages abutting said street; and the names of the owners of record of these lots, to the Borough Secretary. The Borough Secretary shall then give notice of assessment of street paving costs by certified mail to each affected abutting owner for his proportionate share of the total costs on the front-foot basis and each owner shall have 30 days from the date of receipt of the notice within which to pay the Borough said costs; otherwise, the costs shall be immediately entered as a lien against the abutting property.
B. 
Whenever the street or the lands abutting said street shall be owned by an individual owner, or were owned by a single owner, be it an individual, firm or corporation, as of January 1, 1968, then the owner shall enter into a written agreement with the Borough providing for either:
(1) 
The immediate payment of the lump sum cost of street construction as determined by the Borough Engineer on the date of the passage of the ordinance ordaining said street;
(2) 
A judgment note covering the total frontage abutting any street in the amount of the estimated cost of the street construction as determined by the Borough Engineer. Upon payment of any portion of the street construction costs to the Borough by the owner, the Borough will release an equivalent portion of the judgment note; provided, however, that the remaining or unpaid value of the estimated street construction costs shall be increased by 6% as of January 1 of each successive year after the street is ordained to reflect increased street construction costs; or
(3) 
Post a bond in the total value of the street construction as determined by the Engineer at the time of the street paving.
Any and all monies paid by any owner in accordance with § 210-17B(1) or (2) hereof shall be deposited by the Borough in an escrow fund for the construction of said street, and for no other purpose whatsoever.
No part of this article shall serve to impair, change or invalidate any prior existing written agreement between the Borough and any owner.
[Amended 7-15-1993 by Ord. No. 1048]
A. 
This article shall not apply to any street or portion of a street hereinafter ordained that meets all of the following requirements:
(1) 
Has been opened to and used by vehicular traffic for 20 years or more.
(2) 
Appears on the Rathbun and Weirbach plan of the Borough streets.
(3) 
Has at least one residence or commercial structure on land abutting and within 150 feet of said street or portion of a street between any two streets previously ordained and opened or that meet the other three requirements of this section and intersect said street.
(4) 
Has been recognized by the Pennsylvania Department of Transportation for annual Liquid Fuels Tax grants for at least six years prior to the adoption of this article.
B. 
Provided, however, that the Borough reserves the right to assess street opening and construction costs in accordance with the other provisions of this article for the opening and construction of any street or portion of a street that otherwise meets the requirements of this section but where the location of the street right-of-way line may be in dispute and the owner of the abutting land refuses to dedicate the land in dispute for a consideration of $1 plus the out-of-pocket dedication costs.