[Adopted 8-1-2001 by Ord. No. 3617]
The Board of Commissioners may enact, ordain, survey, lay out, open, widen, straighten, vacate and relay all streets, and parts thereof, which are wholly within the Township upon either:
Petition of a majority in interest of the owners of property or properties through whose land such street passes, or upon whose land it abuts. Owner's petition must contain or be accompanied by the following:
An engineered plan showing the right-of-way, the width thereof, all of the properties abutting the right-of-way in the area of the proposed improvement, the current improvements along the line thereof and the names of the affected property owners.
The legal description of the area to be opened or vacated.
A list of the names, addresses and telephone numbers of the owners of all properties abutting the area to be opened or vacated.
The reasons why petitioner(s) wants the area opened or vacated.
The decision of the Board of Commissioners that it is necessary for the public convenience.
The power of the Board of Commissioners includes the authority to vacate, in whole or in part, streets laid out by the Commonwealth of Pennsylvania where the same have remained unopened for a period of 30 years. The Board of Commissioners also has the authority to lay out and open a street which will be a continuation or extension of a street already opened by an adjacent city, borough or Township.
Upon receipt of a properly filed petition, or upon the Board's own motion, the Board of Commissioners shall schedule a public hearing to be held at the site or at such other location that the Board of Commissioners may choose. Ten days' written notice of the time and place of the public hearing shall be given to all owners of property affected thereby or abutting the area to be vacated or opened.
After hearing and consideration thereof, the Board of Commissioners, or a majority thereof, may exercise its power by the passage or approval of an ordinance opening, widening, straightening, extending or vacating the street or highway. Within 10 days thereafter, the Board of Commissioners shall post notice of the fact of the passage or approval of the ordinance and the date of the passage or approval in conspicuous places along the line of the proposed improvement.
Following the passage of the ordinance and the posting as provided above, the Board of Commissioners shall prepare a written report containing the engineered plan, a copy of the notice of the public hearing, the notes of testimony or a summary thereof presented at the public hearing, a copy of the ordinance and a copy of the posted notice. Said report shall be filed with the Montgomery County Clerk of Courts.