[Adopted 4-10-1989 by Ord. No. 5-89 (Ch.
21, Part 2, of the 1988 Code)]
A.
All owners of real estate in the Township of Bethlehem planning land development and/or subdivision shall install public interest improvements in accordance with and as required by Chapter 230, Subdivision and Land Development, of the Code of the Township of Bethlehem, or as may otherwise be agreed to. Such installation shall be in accordance with the more restrictive of the following: the specifications of the Department of Transportation of the Commonwealth of Pennsylvania; or the Bethlehem Township, Northampton County, Pennsylvania, Standard Construction Documents, prepared by the Pidcock Company, dated March 2008, as may be amended from time to time, both of which are hereby incorporated by reference as if set forth here at length, and shall further be subject to the other provisions of this Article II. The term "public interest improvements" shall mean all those improvements for which Technical Specifications and Standard Construction Details are provided in the Bethlehem Township, Northampton County, Pennsylvania, Standard Construction Documents, prepared by the Pidcock Company, dated March 2008, as may be amended from time to time.
[Amended 4-7-2008 by Ord. No. 03-08]
B.
All owners of real estate in the Township of Bethlehem planning new construction (other than land development and/or subdivision subject to Chapter 230, Subdivision and Land Development, of the Code of the Township of Bethlehem) shall be required to install such public interest improvements as may be required by the Township Engineer in and along any public street, thoroughfare or highway abutting the owner's property.
[Amended 4-7-2008 by Ord. No. 03-08]
C.
The owner shall be required to install such public
interest improvements in accordance with the more restrictive of the
following: the specifications of the Department of Transportation
of the Commonwealth of Pennsylvania; or the Bethlehem Township, Northampton
County, Pennsylvania, Standard Construction Documents, prepared by
the Pidcock Company, dated March 2008, as may be amended from time
to time.
[Amended 4-7-2008 by Ord. No. 03-08]
D.
The issuance of a permit for any new construction
shall be expressly conditioned upon the property owner's agreement
or understanding that he shall be required to install public interest
improvements in accordance herewith. Said public interest improvements
shall be installed within one year of the date of the issuance of
the permit. The Commissioners shall have the power and right to insist
upon security for the installation of streets, curbs and sidewalks
if they shall deem it necessary, but not to exceed the estimated cost
of said improvement.
[Amended 4-7-2008 by Ord. No. 03-08]
E.
Whenever the Board of Commissioners shall decided
by motion or resolution that curb and sidewalks in any area shall
be necessary for the protection of life and property or for the protection
of the street, thoroughfare or highway immediately adjacent to the
property involved, the Commissioners shall cause the same to be installed
in accordance with other applicable provisions of this article.
F.
The Commissioners of Bethlehem Township, through the
Township Manager, must give an owner notice by registered mail of
the Township's intention to require curb and sidewalks. Said notice
is to be sent to the owner or his agent at the last address on the
records of the Treasurer of Bethlehem Township or left on the assessed
premises.
(1)
If the owner shall have failed to install curb and
sidewalks within 60 days after the mailing of said notice, the Township
shall install the curb and sidewalks and assess the total cost of
the same against the real estate abutting on the improvement in accordance
with the front-foot rule, that is, equal assessment on the front-foot
basis.
(2)
The Township Manager shall cause the 30 days' notice
of the assessment to be given to each party assessed, either by service
on the owner or his agent by registered mail or by leaving said notice
on the assessed premises.
(3)
If any assessment shall remain unpaid at the expiration
of the notice, it shall be the duty of the Township Solicitor to collect
the same, with interest from 30 days after the completion of the improvement,
by action of assumpsit or by a lien to be filed and collected in the
same manner as municipal claims. When an owner has two or more lots
against which there is an assessment of the same improvement, all
of such lots may be embraced in one claim.
G.
Recurbing. Owners shall be required to recurb along their property whenever it shall be determined by the Township Commissioners that it is in the best interests of the traveling public that such recurbing shall be done. If the owner fails to recurb after being given notice thereof, the costs thereof shall be levied and collected in accordance with Subsection F and in accordance with other applicable law.[1]
[1]
Editor's Note: Former §§ 202,
Approval of Engineer required; specifications; 203, Street construction
specifications; 204, Concrete curb specifications; 205, Sidewalk specification;
206, Permits and 207, Driveways, which immediately followed this subsection,
were repealed 4-7-2008 by Ord. No. 03-08.
If the provisions of this Article II conflict with those of any other ordinance or law, the most restrictive of the two shall prevail.[1]
[1]
Editor's Note: Former § 209, Repealer,
which immediately followed this section, was repealed 4-7-2008 by
Ord. No. 03-08.
Any person, partnership, corporation, trust or other entity which or who shall violate any of the provisions of this Article II or who shall fraudulently do work for the Township which does not conform to these standards shall be liable, upon conviction in a summary proceeding before any Magisterial District Judge, to pay a fine or penalty to the Township of not less than $10 nor more than $300 plus costs of prosecution, and in default thereof to undergo imprisonment in the Northampton County jail for a period not exceeding 30 days, as provided by law.[1]
[1]
Editor's Note: Former § 211, Validity,
which immediately followed this section, was repealed 4-7-2008 by
Ord. No. 03-08.
