(a) Street unopened after ten years.--At any time after a street or portion of the street has remained laid out but not opened for a period of ten years or longer, an owner of 50% of the front feet of the land over which the street or portion of the street was laid out may petition the council to cancel the laying out of the street. Following at least 15 days' notice in a newspaper of general circulation and at least 15 days' personal notice to the owners of the real estate abutting upon the land over which the street or portion of the street was laid out, council shall hold a public hearing on the matter. Council may, on motion, deny the petition or, by ordinance, grant the petition and cancel the laying out of the street. A person aggrieved by the decision of the council, either granting or denying the petition, may appeal it. The ordinance providing for the cancellation of the laying out of a street must be filed with the recorder of deeds in accordance with section 1721.2(d) (relating to laying out streets and procedure).
(b) Street unopened after 21 years.--If a street has been laid out and has not been opened to or used by the public for a period of 21 years, the street may not thereafter be opened without the consent of at least 51% of the number of owners of the abutting real estate and without the consent of the owners of at least 51% of the property abutting the street, based on a front foot basis.
Cross References. Section 1724 is referred to in section 1712 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 8 - BOROUGHS AND INCORPORATED TOWNS
Section 1704 - Streets connecting with street of other municipality
Section 1705 - Entry on land to maintain marks and monuments
Section 1706 - Exclusive nature of provisions
Section 1707 - Failure of council to hold hearing
Section 1708 - Street lighting, ornamental lighting and traffic control signals and devices
Section 1712 - Borough street plan
Section 1721.1 - Power to lay out, open, etc
Section 1721.2 - Laying out streets and procedure
Section 1724 - Effect of laying out street
Section 1731 - Authority to open and vacate streets and procedure
Section 1732 - Petition for opening or vacating street and action thereon
Section 1733 - Action for damages and benefits and award
Section 1734 - Acceptance and dedication of streets
Section 1751 - Authority to straighten and relocate streets and procedure
Section 1761 - Proceedings with or without petition
Section 1771 - Improvement of streets outside or partly outside borough limits
Section 1782 - Acquisition of property for unobstructed view