[Adopted 8-1-2001 by Ord. No. 3617]
A.
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:
(1)
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:
(a)
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.
(b)
The legal description of the area to be opened
or vacated.
(c)
A list of the names, addresses and telephone
numbers of the owners of all properties abutting the area to be opened
or vacated.
(d)
The reasons why petitioner(s) wants the area
opened or vacated.
(2)
The decision of the Board of Commissioners that it
is necessary for the public convenience.
B.
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.
A.
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.
B.
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.
C.
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.
