[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.
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Opening and Excavations
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[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.
