Municipality of Bethel Park, PA Article XI Procedures Relating to Streets and Easements

[Adopted by Ord. No. 6-12-78A]

59.63 Definitions.

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 Right to take over streets.

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 Privately constructed streets.

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 Streets adjoining streets of other municipalities.

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 Right of entry by Council.

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 Provisions to be exclusive.

59.68.1. The provisions in this article as applicable to the dedication, vacated by Bethel Park except under such provisions.

59.69 Laying out of streets without opening same.

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 Failure to open street; petition.

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 Authority of Municipality to open streets.

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 Petition to open streets.

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 Opening of street; action for damages.

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 Acceptance of streets by Municipality.

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 Approval required for construction, dedication or opening of street; penalties.

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 Authority of Municipality to vacate streets.

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.

59.77 Petition for vacating street.

[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 Effect of street vacation.

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 Cost of street improvements; damages.

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 Notice of assessment; collection.

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 Agreements to improve boundary streets.

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 Improvement of streets outside limits.

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 Use of abutting lands for street improvements.

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 Acquisition of property for unobstructed view.

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 Authority to vacate easements.

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.

59.86 Petition to vacate easements.

[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 Petitions not filed by all affected owners.

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 Notice of vacation.

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 Effect of vacation.

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 Repealer.

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 Severability.

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.

59.92 Snow removal on unaccepted streets.

[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.