The Commission shall exercise the power of eminent domain in
the laying out, opening, widening, extending, vacating, grading or
changing the grades or lines of streets or highways or sidewalks,
in the maintenance of a free and unobstructed view down and across
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 any 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 vision of persons traveling upon any such street
or highway, in the construction of bridges and the piers and abutments
therefore, the construction of slopes, embankments and sewers, including
storm water drains, the erection and extension of waterworks, public
buildings, public works, lands and places for the disposal of ashes
and other refuse materials, garbage treatment works and libraries,
the establishing of parks, playgrounds and recreation places, the
changing of watercourses and for all other purposes authorized by
the applicable Law.
The Commission shall enact, ordain, survey, layout, open, widen,
straighten, vacate, relay or repair any streets and parts thereof,
which are within the Municipality, if in its judgment it is necessary
for the public convenience. The Commission may exercise these powers
upon the petition of a majority in interest of the owners of property
through whose land such street passes, or upon whose land it abuts.
The Commission shall, if in its judgment it is necessary for
the public convenience, layout, ordain and establish sidewalks along
any street, including State highways and County roads, and shall establish
grades for such sidewalks, which grades may be separate and apart
from the grade established for the street or highway. The Commission
may exercise these powers upon the petition of majority in interest
of the owners of property through whose land such sidewalk passes,
or upon whose land it abuts. The Commission, upon such notice as may
be provided by ordinance, may require owners of property abutting
on any street, including State highways and County roads, to construct,
pave, curb, repave and recurb the sidewalks along such property with
such materials, at such grades and under such regulations as may be
prescribed by ordinance, and upon failure of such owners to comply
with such notice, or without notice to the property owners as above
provided, the Commission in either case shall have power to cause
the same to be done by the Municipality and to levy and collect the
cost thereof from such owners of property abutting such sidewalk.
All reconstruction, repaving and recurbing may be provided for in
the ordinance authorizing the original construction, paving and curbing,
without the necessity for adopting a new ordinance authorizing such
reconstruction, repaving and recurbing.
The cost of any such grading, paving, curbing, repaving and
recurbing shall be a lien upon the premises from the time of the commencement
of the work, which date shall be fixed by the Municipality and shall
be filed with the Secretary. Any such lien may be collected by action
in assumpsit or by lien filed in the manner provided by Law for the
filing and collection of municipal claims.
The cost of any such paving, curbing, repaving and recurbing
may, in any case, be borne in whole or in part by the Municipality.
The Commission shall establish and construct a system of sanitary
sewers and drainage as seems advisable to the Commission for the public
convenience, health and safety. The Commission may permit, and, where
necessary for the public health, shall require by ordinance any owner
of property benefited, improved or accommodated by sanitary sewers,
to make connections with such sewers or drainage in such manner as
the Commission may order for the purpose of discharge of such drainage
or waste matter as the Commission may specify. The Commission may
enforce by penalties any regulation they may ordain with reference
to any sanitary sewer or drainage connections. All connections required
shall be uniform. All persons so connected may be required to pay,
in addition to the cost of making such connections a monthly or annual
rate prescribed by ordinance. Such monthly or annual rate shall constitute
a lien, until paid, against the property so connecting with such system,
and the amount thereof may be recovered by due process of Law.
The cost of construction of any system of sanitary sewers or
drains may be charged upon the properties benefited, improved, or
accommodated thereby to the extent of such benefits according to the
applicable Law or may be paid for wholly or partially by general taxation.