[Adopted by Ord. No. 6-12-78A]
59.63.1.
The following words and terms, as used in this article, shall
be construed as follows:
59.63.2.
COUNCIL — The Council of the Municipality of Bethel Park.
59.63.3.
IMPROVING A STREET — Any work upon any street or portion
thereof done or proposed to be done in order to open the same if such
street shall not previously have been opened or, if previously opened,
to make the same more usable or more suitable for use by the traveling
public or safer for such use, including but not limited to grading,
paving, curbing and macadamizing.
59.63.4.
LAYING OUT — The plotting of an unopened street or portion
thereof on the Municipal Plan or on the plan of a real estate development,
including the plotting of an unopened street in any case where any
of the lines of the same are proposed to be revised or in any case
where the same was never previously laid out, although such street
may have been opened and used.
59.63.5.
MUNICIPALITY — The Municipality of Bethel Park.
59.63.6.
OPENED STREETS — All streets within Bethel Park used as
public passageways.
59.63.7.
OPENING A STREET — The construction and grading of a street
or portion thereof and the act of physically taking possession of
an area of laid-out street for the purposes of making the same usable
to the traveling public.
59.63.8.
PERSON — A natural person, association, firm, corporation
or political subdivision.
59.63.9.
PERSONAL NOTICE — Notice upon the owner of a premises
by personal service upon such owner or by certified mail to such owner
at his last known address or, where service shall not have been successfully
made by either of the two methods first mentioned herein, then by
posting such notice at or upon such premises.
59.63.10.
PORTION THEREOF — A portion either of the width or the
length of a street and therefore, opening a portion of a street may
mean extending or widening a street, and vacating a portion of a street
may mean closing or narrowing a street.
59.63.11.
STREET — Any street, road, lane, court, cul-de-sac, alley
or public way, either for or intended for public use, including the
cartway, sidewalk, gutter and/or the right-of-way area. "Streets"
shall be of two classes, opened and unopened.
59.63.12.
UNOPENED STREETS — All streets within Bethel Park not
used, accepted or maintained, but placed on the Municipal Plan for
future or prospective use or placed on the plan of a real estate project
or referred to in individual deeds.
59.64.1.
The Municipality of Bethel Park shall have the right at any
time to take over, by laying our and/or opening the same:
1.
Any street as it appears upon the Municipal Plan.
2.
Any street or portion thereof which Bethel Park shall deter mine
to acquire by the exercise of its rights under the power of eminent
domain by following the procedures set forth in the law governing
eminent domain.
3.
Any street to which the public shall have acquired rights by constant
use over a period exceeding 21 years.
4.
Any street or portion thereof, laid out or constructed by any person,
which Bethel Park shall see fit to take over or accept as provided
in this article.
59.65.1.
Bethel Park shall not acquire any right in or responsibility
for any street privately constructed until dedication of such street
shall have been presented to and accepted by Bethel Park and until
such dedication shall have been recorded in the county office for
the recording of deeds.
59.66.1.
No action shall be taken under this article that would result
in the change of location or grade or the vacation of any street or
portion thereof that connects with a street of another municipality
or township, without the approval of the court of common pleas of
the county in which such municipality or township is located, unless
such municipality or township shall first file with the Municipal
Secretary its approval of such proposed action.
59.67.1.
The Municipal Council, its agents and employees may enter upon
any land or property and maintain marks and monuments, so far as that
Council may deem necessary, in carrying out its powers and duties
under this article.
59.68.1.
The provisions in this article as applicable to the dedication,
vacated by Bethel Park except under such provisions.
59.69.1.
The laying out of a street without opening the same shall create
no right to public use of such street. However, all streets laid out
in a plan of real estate development shall retain public ownership
and may be opened by the Municipality at any time in accordance with
this article.
59.70.1.
At any time after any street or portion thereof shall have remained
laid out but not opened, any owner or owners of 50% of the front feet
of the land over which such street or portion thereof was laid out
may petition the Municipal Council to remove such street from the
plan of streets, and to cancel the laying out thereof. The Council
shall thereupon, following at least 15 days' notice in a newspaper
of general circulation in Bethel Park and at least 15 days' personal
notice to the owners of all real estate abutting upon the land over
which such street or portion thereof from the Municipal Plan and cancel
the laying out thereof. Any person aggrieved by the decision of the
Council, either granting or denying such petition, may appeal therefrom,
within 30 days from the date of such decision, to court.
59.71.1.
Bethel Park shall have authority by ordinance to open any street
or portion thereof previously laid out or, simultaneously, to lay
out and open any street or portion thereof. Any street or portion
thereof so opened shall be a public street of the Municipality.
59.72.1.
Any owner or owners of 50% of the front feet of the real estate
abutting upon any area as a street or portion thereof.
59.73.1.
Upon the effective date of an ordinance enacted by authority
of Section 59-76 or 59-77 hereof, Bethel Park shall have the authority
to enter upon and take possession of the street or portion thereof
opened by such ordinance if no structures are upon such street. If
any structure shall have been located upon such street or portion
thereof so opened prior to the laying out of such street or prior
to the simultaneous laying out and opening thereof, such street shall
not be opened until the owner of such structure shall have been given
60 days' personal notice to vacate the same.
59.73.2.
If any of the parties cannot agree upon damages sustained by
reason of the opening of any street or portion thereof, such damages
shall be assessed by a jury of view under the provisions of the law
governing eminent domain. The Council is not required to file any
bond or security for the exercise of the right granted by this section.
All parties whose ground is taken in the opening of a street or portion
thereof shall have three years from and after the effective date of
the ordinance opening such street or portion thereof in which to bring
an action for damages resulting therefrom. In case of the assessment
of damages for the opening of any street or portion thereof, the award
of damages, if any, shall include all damages resulting from the grade
at which such street or portion thereof is to be opened. The plan
attached to the report of the viewers awarding the damages shall have
therein a profile plan showing the existing grade as well as the grade
to which such street or portion thereof is to be opened.
59.74.1.
The Municipality may by ordinance accept any opened street not
previously dedicated to or laid out by the Municipality. The effect
of such acceptance shall be the same as that of opening such street.
No street shall be accepted unless such street connects with at least
one other previously opened street or state highway.
59.75.1.
No person shall construct, dedicate or open to travel any street,
or any drainage facilities in connection therewith, for public use
or travel or for the common use of occupants of buildings abutting
thereon in Bethel Park without first submitting suitable plans thereof
to the Council for its approval. Such plans shall be prepared in accordance
with all the applicable ordinances, including but not limited to the
Subdivision and Land Development Ordinance of Bethel Park and this
article.
59.75.2.
If any street or any drainage facilities in connection therewith
shall be opened, constructed or dedicated for public use or travel
except in strict accordance with plans approved by the Council, neither
the Council nor any other public authorities shall have any responsibility
of any kind with respect to any such street or drainage facilities,
notwithstanding any use of the same by the public.
59.75.3.
Any person who shall construct, open or dedicate any street
or any drainage facilities in connection therewith for public use
or travel in Bethel Park without having first complied with the provisions
of this article or of any applicable municipal ordinance shall be
guilty of a summary offense and, upon conviction thereof, shall be
sentenced to pay a fine not exceeding $1,000 or suffer imprisonment
not exceeding two years, or both, in the discretion of the court.
Nothing herein contained shall be construed to apply to the Department
of Transportation of the commonwealth.
59.76.1.
The Municipality of Bethel Park may by ordinance vacate or close any street or portion thereof previously opened or laid out except where the street or portion thereof provides the sole means of access to any lot or tract of land. Ordinances prepared pursuant to this section shall be in accordance with Article II of the Home Rule Charter of Bethel Park. Prior to the adoption of such ordinance, the Council shall hold at least one public hearing following at least 15 days' notice in a newspaper of general circulation and following at least 15 days' personal notice to all property owners abutting the street or portion thereof to be vacated.
[Amended 11-12-2012 by Ord. No. 11-12-12B]
59.77.1.
Any person or persons constituting at least 50% of the frontage
of real estate abutting upon any street or portion thereof may petition
the Council to vacate such street or portion thereof. Such petition
shall include a legal description and survey of said street or portion
thereof and an application fee. All petitions to vacate streets must
be forwarded to the Municipal Planning Commission for its review and
recommendation. The Planning Commission shall have 30 days in which
to report its findings and make its recommendations to the Council.
The Council shall, within 90 days, hold a public hearing on such petition,
following at least 15 days' personal notice to all owners of abutting
real estate on said street or portion thereof and following at least
15 days' notice thereof in a newspaper of general circulation in Bethel
Park. Following such hearing, the Council shall either by motion deny
such petition or by ordinance vacate such street or portion thereof.
The fee shall be set in accordance with a schedule of fees, charges,
or expenses as determined by Municipal Council.
59.78.1.
When a street or portion thereof shall have been vacated, all
public right in or to such street or portion thereof shall cease,
but such vacation shall not affect the private rights acquired by
any of the owners of abutting property.
59.79.1.
The Municipality of Bethel Park may improve streets or parts
thereof or a particular width or additional widths thereof, with or
without the assistance or contribution of the United States of America,
the state, the county or a corporation occupying the thoroughfare,
and may assess and collect the whole cost thereof or the whole cost
not thus aided or contributed or any part thereof from the owners
of real estate abutting on the improvement by an equal assessment
on the frontfoot basis, including the expenses of the necessary drainage.
The Council may make equitable adjustments for corner lots or lots
of irregular shape where an assessment for full frontage might be
unjust.
59.79.2.
In all cases where the whole width of the highway is being paved
without state or county aid and more than 2/3 of the total cost is
proposed to be assessed on abutters, the Municipality shall, for this
purpose, be considered as owner of nonassessable property, of street
intersections and of the deducted frontage on equitable adjustment.
At the discretion of the Council, the total cost of the improvement
or a lesser amount, if desirable, may be assessed on the assessable
properties abutting without any deduction for nonassessable property
or street intersections or for the equitable adjustments aforesaid.
59.79.3.
If, in connection with such proceedings, any street or sidewalk
is graded or changed in grade so that private property is damaged
thereby and the damages have not been released or agreed upon, then
the damages shall be awarded as provided in the law governing eminent
domain. The owner of all real estate abutting upon any such improvement
shall be assessable for the cost thereof, whether such property owner
be a natural person, partnership, association, firm or corporation,
including but not limited to any nonprofit corporation or association
and any public utility corporation or political subdivision, but not
including the Commonwealth of Pennsylvania or the United States of
America.
59.80.1.
The Municipal Manager shall cause 30 days' personal notice of
the assessment to be given to each party assessed.
59.80.2.
If any assessment shall remain unpaid at the expiration of the
notice, it shall be the duty of the Municipal Solicitor to collect
same, with interest from the time of completion to the improvement,
by action of assumpsit or by a lien to be filed and collected in the
same manner as municipal claims. When an owner has two or more lots
against which there is an assessment for the same improvement, all
of such lots may be embraced in one claim.
59.81.1.
Agreements with adjoining municipalities. Bethel Park may enter
into agreement with any municipality and/or township for improving
streets which may be boundaries between such municipality or township
and may provide in such contract that the damages, costs and expenses
of such improvements shall be divided between such municipality and/or
township in the proportion agreed upon. Bethel Park may assess its
share of such costs against the owners of property abutting upon its
side of such improvement, in the manner provided in this article.
59.81.2.
Agreements with adjoining municipalities. Bethel Park may enter
into agreement with any municipality and/or township for improving
streets which may be boundaries between such municipality or townships
and county. Whenever the center line of any street constitutes the
dividing line between Bethel Park and a township located in Allegheny
County, the Municipality may enter into a contract with the Commissioners
of the county and the Commissioners or Supervisors of the township,
as the case may be, to improve such street. Such improvement shall
be constructed and subsequent repairs shall be made under the supervision
of Bethel Park and in compliance with the plans to be agreed upon,
in writing, between Bethel Park and the Commissioners of the county
and the Commissioners or Supervisors of the township. One-half of
the cost of such repairs shall be borne by Bethel Park. Bethel Park
may assess its share of such costs against the owners of property
abutting on its side of such improvement in the manner provided in
this article.
59.81.3.
Streets not located entirely within Municipality. Whenever any
street, more than 1/2 the width of which is within the limits of Bethel
Park, shall divide Bethel Park from any other municipality or township,
such street may be improved by Bethel Park in the same manner as if
such street were entirely located within the limits of Bethel Park.
The property abutting on the side of such street which is located
outside the limits of Bethel Park shall, for a depth of 150 feet plus
1/2 the width of said street from its center line, be assessed for
any and all municipal improvements to or on said street in the same
manner as if it were entirely located within the limits of Bethel
Park.
59.81.4.
Assessment of property opposite boundary. Wherever any street
entirely within the limits of Bethel Park shall divide it from any
other municipality or township located in the same county, the property
on the side of the street opposite the line of the Municipality shall,
for a depth of 150 feet, be assessed for municipal improvements on
such streets on which such property shall abut, in the manner provided
by this article for assessments by the front-foot rule, and such improvements
may be made, assessed and collected in accordance with the provisions
of this article for assessments for the front-foot rule.
59.82.1.
Bethel Park may, singly or jointly with any municipality, borough,
city, township and/or county, appropriate and expend moneys for the
improvement of streets outside the limits of Bethel Park for the purpose
of connecting improved streets with state highways. No such street
shall be improved which shall be more than one mile in length, except
as specifically approved by a majority vote of all members of the
Council.
59.83.1.
In the improvement of any street or portion thereof, Bethel
Park may use as much of the land abutting on same for the construction
of embankments, slopes, fills and culverts as may be necessary and
proper for the completion of the improvement, and the assessment of
damages, costs and expenses resulting thereby shall be regarded as
other assessments of damages, costs and expenses caused by the improvement
of streets and shall be assessed and paid as is provided by the law
governing eminent domain.
59.84.1.
Bethel Park may, single or jointly with a municipality, borough,
city, county, or township, acquire by purchase or by the right of
eminent domain a free and unobstructed view down and across such lands
located at or near the intersection of any two streets or highways
or a street or highway and a railroad or railway or at a curve in
any street or highway as may be necessary to assure a free and unobstructed
view in all directions at such crossings and to so prevent the use
of such lands for any purpose or in any manner which may interfere
with or obstruct the view of persons traveling upon any such street
or highway.
59.84.2.
The proceedings for the condemnation of such view over and across
such lands and for the assessment of damages for property taken, injured
or destroyed, or of the portion thereof agreed to be paid by Bethel
Park if the taking is jointly with another municipality, borough,
city, county or township, shall be taken in the manner provided in
the law governing eminent domain.
59.84.3.
Upon the purchase or condemnation of a view, the owner of such
lands may make every such use thereof as will not interfere with a
free and unobstructed view at the dangerous crossing or curve.
59.85.1.
The Council shall have authority, in accordance with the provisions
hereof, to vacate any easement for sanitary sewers, storm sewers or
other purpose, which easement has been dedicated to public use, accepted
by the Municipality and is situate in a recorded plan of subdivision
or land development.
[Amended 11-12-2012 by Ord. No. 11-12-12B]
59.86.1.
Any person or persons owning real property which is burdened by such an easement as described in Section 59.85 hereof may petition the Council to vacate such easement or a portion thereof. Such petition shall include proof of ownership of the burdened real property, a legal description and survey of the subject easement and an application fee. Petitions to vacate easements shall be filed with the Municipal Manager, who shall refer them to the Municipal Engineer for review and recommendation. The fee shall be set in accordance with a schedule of fees, charges, or expenses as determined by Municipal Council.
59.86.2.
The Municipal Engineer shall have 30 days in which to report
his recommendation to the Council. The Council, within 60 days of
receipt of the Municipal Engineer's recommendation, can either by
motion deny such petition or by resolution vacate such easement. The
Council's failure to act within 60 days shall be deemed a denial of
the petition.
59.87.1.
Where a petition to vacate an easement pursuant to Section 59.85 hereof is filed by owners of less than all the real property burdened by such easement, the Municipal Manager, upon receipt of such a petition, shall post the affected area with a notice of the petition's filing. Within 10 days of such posting, any owner of property burdened by the subject easement may request a public hearing. Upon such a request or on its own motion and prior to action on the petition, the Council shall hold at least one public hearing following at least 15 days' personal notice to all owners of property burdened by the easement or portion thereof to be vacated.
59.87.2.
The Council, within 60 days of the close of the public hearing,
can either by motion deny such petition or by resolution vacate such
easement The Council's failure to act within 60 days shall be deemed
a denial of the petition.
59.88.1.
After enactment of a resolution to vacate an easement, the Municipal
Manager shall post the affected property with a notice of the vacation,
such notice to remain in place for five days.
59.89.1.
When an easement or a portion thereof shall have been vacated,
all public right in or to such easement or portion thereof shall cease.
59.90.1.
Any ordinance or part of an ordinance conflicting with the provisions
of this article be and the same is hereby repealed to the extent of
such conflict.
59.91.1.
Should any section, sentence, clause, phrase or any part of
this article for any reason be held unconstitutional or otherwise
invalid by any court of competent jurisdiction, said section, sentence,
clause, phrase or part of this article shall be considered severed
herefrom, and such decision shall not affect the validity of the remainder
hereof.
[Added 11-10-1986 by Ord. No. 11-10-1986A]
59.92.1.
The Municipality or its forces will perform no snow removal
operation on a street being constructed pursuant to the requirements
of Ordinance No. 7-18-72A until such street has been formally accepted
by the Municipality pursuant to the terms of the subdivision development
agreement.
