[Ord. 885, 1/7/1976]
The Council of the Municipality may, from time to time, improve streets or parts thereof, or a particular width or additional widths thereof. Improvement of streets shall be deemed to mean the grading, construction and paving of roadway surface, curbing, guttering or installation of stormwater drainage facilities, meaning any one or more of the aforesaid improvements. Such work of improvement may be done by employees of the Municipality or by contract with others.
[Ord. 885, 1/7/1976]
Where street improvements are performed, the abutting property owners shall be assessed for the entire cost of such improvement, subject to the provisions hereinafter contained.
[Ord. 885, 1/7/1976]
Such street improvements, referred to in § 16-201, may be made with or without petition of the adjoining property owners.
[Ord. 142, 10/24/1934, Section 4; amended by Ord. 885, 1/7/1976]
In all cases where the whole width of a street, avenue or alley is being improved, without State or County aid, and more than 2/3rds of the total cost is proposed to be assessed on abutters, the Municipality shall, for this purpose, be considered as the owner of non-assessable property, of street and alley intersections and of the deducted frontage on equitable adjustments. This provision shall not apply to street widening or to replacement or installation of curbing and guttering or to installation of stormwater drainage facilities.
[Ord. 142, 10/24/1934, Section 5; amended by Ord. 885, 1/7/1976]
On signed petition of owners representing a majority of the number of feet of assessable property abutting on the proposed improvement, the total cost of the improvement, or a lesser amount if the Municipality desires, may be assessed on the assessable properties abutting, without any deduction for non-assessable aforesaid. Provided, that the petition states that the total cost may be assessed on the abutters.
[Ord. 142, 10/24/1934, Section 6]
On the completion of any improvements as hereinafter noted, the cost or proportion-ate cost shall be assessed on the front-foot rule against the properties abutting on the line of such improvements and the Secretary of Council shall immediately give notice to all owners or reputed owners so abutting of such assessments, as required by law; demanding payment thereof within 30 days from the date of such notice and setting forth that, in default of such payment, liens shall be filed in the Office of the Prothonotary of Centre County against the real estate of such owners or reputed owners, as provided by law.
[Ord. 142, 10/24/1934, Section 7]
Upon failure of any owners or reputed owners to pay the assessment or any payment, including interest thereof, within 30 days after the serving of notice, as provided in the preceding Section, the Borough Solicitor shall and is hereby directed to file liens in the Office of the Prothonotary for Center County against the property of said owners or reputed owners.
[Ord. 142, 10/24/1934, Section 8; amended by Ord. 1078, 4/11/1984, Section 5]
All liens filed, as provided by § 16-205 of this chapter, shall bear interest beginning 30 days after the service of notice by the Secretary of Council demanding payment and shall make the payment of debt and interest of such lien or liens by 10 equal installments becoming due semi-annually, the first thereof shall be due six months from the date of the expiration of the 30 days' notice to pay, given by the Secretary of Council, and the remaining installments, plus interest, shall be due every six months succeeding until the entire debt together with costs of entry of said liens, as provided by law, is paid; and, provided further that, in case of any default for 60 days in the payment of any installments or interest or principal or both, the entire amount of any such lien, including accrued interest and cost of filing, shall become immediately due and payable and shall be collected by the Borough Solicitor as provided by law.
[Ord. 142, 10/24/1934, Section 10]
Whenever bonds are issued, as provided in § 16-209 hereof, the Treasurer of the Borough shall keep a registered bond book, such registry shall show complete data required by law, and he shall notify the Borough Solicitor immediately in case of negligence or default in failure to make payments.
Opening and Excavations
[Ord. 232, 3/16/1940, Section 1]
It shall be unlawful for any person, firm or corporation to make any opening or excavation in or under the street, alley or thoroughfare within the limits of the Borough of State College unless and until a permit therefore be secured from the Borough Engineer for each separate undertaking. Such permit and the application therefore to be in a form prepared by said Engineer and shall contain a statement that the applicant agrees to the terms of this ordinance. A Police Officer of the Borough shall promptly prohibit any work being done without a proper permit or contrary to the terms hereof.
[Ord. 232, 3/16/1940, Section 2; amended by Ord. 294, 12/17/1945; Ord. 449, 6/7/1954, Section 1; Ord. 1672, 8/15/2001]
Council shall establish, by Resolution, appropriate fees to cover the reasonable cost of review and administration of applications for any street excavation/occupancy permit, as required herein. All fees must accompany the application for permit at the time of application and shall be payable to the Borough of State College. Fees shall be billed to public utilities as approved by the Borough Engineer. The application for every permit shall specify a time when said opening or excavation may remain open and the place where said opening or excavation may be made, together with the probable length, width, and depth thereof, and such further information as the Borough Engineer may require, and any additional surface to be disturbed, and any additional time to be required may be endorsed on the permit by the said Borough Engineer. Emergency breaks or leaks may be repaired and a permit therefore secured within 24 hours.
[Ord. 232, 3/16/1940, Section 3]
It shall be the duty of any person or persons, firms or corporations to whom a permit is issued, or by whom any opening or excavation is made, as aforesaid, to provide and maintain proper and adequate guards, barriers and lights to prevent accidents, and they shall assume all risks and be liable for all damages by reason of any failure to properly fill the hole or trench and maintain the surface disturbed in a safe condition.
[Ord. 232, 3/16/1940, Section 4; amended by Ord. 294, 12/17/1945]
It shall be the duty of any person, firm or corporation causing an opening or excavation to be made to thoroughly and completely fill the same, tamping and ramming so as to prevent any settling thereafter, to the satisfaction of the Borough Engineer or his appointee. In unimproved streets or alleys, the person receiving permit, or owner, shall replace the surface of the thoroughfare as it was before the opening and at the proper grade and with the same surface covering as the part of the thoroughfare adjoining the opening. In streets or alleys improved with bituminous macadam, concrete or brick, the person receiving permit, or owner, shall fill the opening to the proper grade, ramming and tamping the fill and water binding the surface. At the proper time, the Borough will replace the bituminous, concrete or brick surface with the same surface covering as the part of the thoroughfare adjoining the opening and will maintain the surface disturbed in as good condition as it was prior to the opening or excavation.
[Ord. 232, 3/16/1940, Section 5]
In case it shall be necessary to cross any street with a conduit or trench, not more than half of the width of said street shall be opened or obstructed at any time.
[Ord. 232, 3/16/1940, Section 6; amended by Ord. 294, 12/17/1945; Ord. 1914, 12/15/2008, Section 30]
Provided the work in opening or in filling shall be unskillfully or improperly or incompletely done, the Borough Engineer shall notify, in writing, such owner, person, firm or corporation that the work is unsatisfactory and direct the same to be completed in a satisfactory manner within 10 days of the date of the mailing of the notice.
Provided said person, firm or corporation shall neglect or refuse to complete the refilling in a satisfactory manner within the time limit of 10 says, the Borough Engineer or any other person designated by Council may cause the same to be done in a satisfactory manner and the expense thereof, including any overhead expense, shall be charged to the owner, person, firm or corporation together with 25% additional as a penalty in like manner as fines and costs are now collected by the Borough. Any excavated area removed in excess of the amount stipulated in the permit shall be charged at the rate set by resolution of Council from time to time.
[Ord. 232, 3/16/1940, Section 7; amended by Ord. 294, 12/17/1945]
In no case shall any opening or excavation, made by any owner, firm or corporation, be considered in the charge or care of the Borough or any officer or person employed by the Borough, and no officer or employee is authorized to, in any way, take or assume any jurisdiction over any corporation making an opening or excavation in the streets, thoroughfares or alleys of the Borough of State College to notify the Borough Engineer promptly, in writing on form provided with the permit, that the job of refilling is ready for inspection and request release from further responsibility.
Provided, the owner, person, firm or corporation has not received written notification of unsatisfactory backfilling, within 10 days, the same shall be released from further responsibility, care, replacement or maintenance or work for which permit was granted.
[Ord. 232, 3/16/1940, Section 8; amended by Ord. 1349, 9/6/1991]
Any person, firm or corporation violating any of the provisions of this Ordinance shall, upon conviction thereof, be fined not less than $25 and more than $600 plus costs of restoration for each offense, to be collected as fines or penalties are by law collectible.
[Ord. 232, 3/16/1940, Section 9;{30} amended by Ord. 449, 6/7/1954, Section 2]
This Ordinance shall not in any way be construed to contradict or contravene any of the provisions of the Act of June 26, 1931, P.L. 1388, or of the Act of June 1, 1945, P.L. 1242, Section 515, as amended.