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.