[Ord. 355, 5/5/1986]
As used hereinafter, the following words and terms shall be
construed as follows:
In reference to any street, shall mean any property physically
adjoining such street.
All lot frontages abutting the Borough street improvement.
Any work upon a street, or portion thereof, done or proposed
to be done in order to open the same, if such street shall not have
been previously opened, or if previously opened, to make the same
more usable, more suitable for use by the public, or safer for such
use, and shall include but shall not be limited to grading, paving
and curbing.
Includes the construction and grading of a street or portion
thereof and the act of physically taking possession of an area or
laid-out street for the purpose of making same usable to the traveling
public.
A natural person, association, firm, corporation or political
subdivision.
Notice to the owner of a premises, by personal service or
certified, return receipt requested mail, to such owner as his last
known address, or where service shall not have been successfully made
by either of these two methods, then by leaving such notice at or
upon the premises.
Includes any street, road, lane, court, alley, cul-de-sac,
public way and public square, either for or intended for public use,
and shall include the cartway, sidewalk, gutter and/or the right-of-way,
whether or not such street or any part thereof is owned by others
than the Borough. Streets shall be of two classes: opened and unopened.
OPENED STREETSAll streets within the Borough used as public passageways.
UNOPENED STREETSAll streets within the Borough not used, accepted or maintained but placed on the Borough Plan for further use, or placed on the plan of a real estate project, or referred to in individual deeds.
[Ord. 355, 5/5/1986]
From and after the effective date of this chapter, constructing,
opening and improving any street within the Borough of Fountain Hill
shall be unlawful unless the person so contracting, dedicating, opening
or improving such street shall first be prepared in accordance with
the rules and regulations prescribed by Council and shall show the
profiles of said street, the course, structure and capacity of any
drainage facilities, and the method of drainage to the adjacent or
contiguous territory, and also any other details that may be required
under the rules and regulations of Council.
[Ord. 355, 5/5/1986]
Council may alter such plans, and specify any changes or modifications,
and may make its approval to such plans subject to any alterations,
changes or modifications. Any plans when so approved shall be signed
on behalf of the Borough by an officer designated by Council and shall
be filed where the same is available to public inspection amongst
the records of the Borough at all reasonable times.
[Ord. 355, 5/5/1986]
Council may construct, improve or open, or cause to be constructed,
improved or opened, streets or parts thereof, or a particular width
or additional widths thereof, and may assess and collect the whole
cost, or any part thereof, from the owners of the assessable frontage
abutting on the improvement by an equal assessment on the front-foot
basis, including the expense of the necessary drainage.
[Ord. 355, 5/5/1986]
The Borough Secretary shall give 30 days' personal notice
of this assessment to each party assessed.
[Ord. 355, 5/5/1986]
If any assessment shall remain unpaid at the expiration date
of the notice, it is the duty of the Borough Solicitor to collect
the same, with interest from the time of completion of the improvement,
or by a lien to be filed and collected in the same manner as municipal
claims.
[Ord. 355, 5/5/1986]
Any property owner shall be permitted to perform, or to have
his contractor perform, the work of constructing the street, paving,
curb, gutter and sidewalk, water or sewer main, provided he meets
specifications and standards of the Borough Engineer and all work
is performed under the Borough's specifications and engineering
supervision, and provided further that, where any part of the cost
of the improvements is to be borne by the Borough, the cost thereof
shall be based upon the lowest written quotation received by the property
owner or his contractor and approved by the Borough Engineer.
[Ord. 355, 5/5/1986]
Any person violating any provisions of this Part shall, upon
conviction thereof, in a summary proceeding, be sentenced to pay a
fine of not more than $300 for each and every offense, to be collected
as other fines and costs are by law collectible, or shall be imprisoned
for not more than one day for each $10 of the unpaid balance of fine
and costs. Each day during which any person violates any provision
of this chapter shall constitute a separate offense.
