PRINTER'S NO. 1494

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No. 1189 Session of 1999

        INTRODUCED BY BRIGHTBILL, BODACK, WAUGH, HELFRICK, DENT, WENGER,
           PUNT, KASUNIC, LEMMOND, EARLL, HART, BOSCOLA AND THOMPSON,
           NOVEMBER 15, 1999

        REFERRED TO LOCAL GOVERNMENT, NOVEMBER 15, 1999

                                     AN ACT

     1  Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
     2     reenacted and amended, "An act concerning townships of the
     3     second class; and amending, revising, consolidating and
     4     changing the law relating thereto," further providing for
     5     costs of construction of sidewalks, footpaths or curbs.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 2401(c)(3) of the act of May 1, 1933
     9  (P.L.103, No.69), known as The Second Class Township Code,
    10  reenacted and amended November 9, 1995 (P.L.350, No.60), is
    11  amended to read:
    12     Section 2401.  Location, Lines, Grades and Width of Curbs,
    13  Sidewalks or Footpaths; Costs.--* * *
    14     (c)  The costs of construction of sidewalks, footpaths or
    15  curbs may be paid by one of the following methods:
    16     * * *
    17     (3)  The board of supervisors may by ordinance in absence of
    18  a petition, provide for the construction, reconstruction and
    19  repair of sidewalks and curbs within the township. When any

     1  sidewalks or curbs are constructed, reconstructed or repaired by
     2  the board of supervisors under the ordinance, the expense of the
     3  construction of the sidewalks or curbs shall be paid either by
     4  the township, at the discretion of the board of supervisors, or
     5  by the abutting property owners in proportion to their frontage,
     6  but no owner shall be liable for the cost of construction of the
     7  sidewalk or curb in an amount greater than fifteen percent of
     8  the assessed valuation of the abutting property. Any expense
     9  above the maximum liability of abutting property owners shall be
    10  paid by the township. If abutting property owners fail to pay
    11  the expenses of the construction of the sidewalks or curbs for
    12  which they are liable, the board of supervisors may recover the
    13  amount by action of assumpsit or may file municipal liens
    14  therefor against the abutting properties under law for the
    15  filing and collection of municipal liens.
    16     * * *
    17     Section 2.  This act shall take effect in 60 days.









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