73 Pa.C.S. Ch. 55

in effect

73 Pa.C.S. § 5501 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Improving a street" or "improvement." Work on a street or portion of a street done or proposed to be done in order to open the street if the street has not previously been opened or, if previously opened, to make the street more usable or more suitable for use by the traveling public or safer for use. The term includes, but is not limited to, grading, paving and curbing. The term does not include maintenance or repaving. "Laying out." The plotting of: (1) An unopened street or portion of the street on a township plan or official map adopted in accordance with the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, on a subdivision or land development plan or by the enactment of an ordinance adopted in accordance with this chapter. (2) An unopened street in a case where any of the lines of the street are proposed to be revised or in a case where the street was never previously laid out although the street may have been opened and used. "Opened streets." The streets within the township used as public passageways. "Opening a street." The construction and grading of a street or portion of a street and the act of physically taking possession of an area or laid-out street for the purpose of making the street usable to the traveling public. "Portion." A portion either of the width or length of a street. Opening a portion of a street may mean extending or widening a street, and vacating a portion of a street may mean closing or narrowing a street. "Street." A street, road, lane, alley, court or public square for or intended for public use. The term includes the cartway, sidewalk, gutter, curb or right-of-way area, whether or not the street, or any portion of the street, that is owned in fee by others than the township. Streets are of two classes, opened and unopened. "Unopened streets." The streets within the township neither used as a public passageway nor accepted or maintained, but plotted in one of the following: (1) a township plan or official map adopted in accordance with the Pennsylvania Municipalities Planning Code; (2) an ordinance laying out the street in accordance with this chapter; (3) a subdivision or land development plan; or (4) an individual deed.

73 Pa.C.S. § 5502 Township street plan.

(a) General rule.--A township that has not maintained an accurate plan of township streets adopted in accordance with this chapter prior to the effective date of this section may only adopt a plan of streets under the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code. (b) Deemed amendment.--If a township maintains a plan of streets adopted prior to the effective date of this section, or maintains an official map containing opened and unopened streets, a street laid out in accordance with this chapter by ordinance or by final approval of a subdivision or land development plan must be deemed an amendment to the plan. Notwithstanding any other provision of law, a deemed amendment as provided under this section and a subsequent placement of the street on a plan may not be subject to public notice or public hearing if the street has been laid out in accordance with the requirements of this chapter. (c) Plan of streets or official map not required.--The maintenance of a plan of streets or official map shall not be required in order for a township to lay out streets in accordance with sections 5504 (relating to power to lay out, open, vacate and alter streets) and 5506 (relating to procedures for laying out, opening, changing, improving or vacating streets).

73 Pa.C.S. § 5503 Certain streets declared public streets.

(a) General rule.--Every street which has been used for public travel, and maintained and kept in repair continuously by the township for a period of at least 21 years under authorization by the board of commissioners, is a public street having a right-of-way of not less than 24 feet, even though there is no public record of the laying out or dedication for public use of the street. (b) Evidence.--In a proceeding under this section, any relevant oral or documentary evidence of public travel or maintenance and repairs by the township shall, if presented, be considered, including, but not limited to: (1) Maps or surveys which are either generated by any governmental unit or are created under a judicial proceeding of the courts of this Commonwealth. (2) Evidence concerning the distribution of government funds to the township under the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law. (3) Approved subdivision plans, deeds or other documents containing a designation of the street as either a township street or otherwise. (4) Evidence that the street is an extension from a public street or public cul-de-sac or a throughway between other municipal or State streets or provides the only access to a municipal boundary line. (5) Court orders, decisions, findings of fact or other matters of judicial record relating to public or private rights in the street. (c) Considerations relevant in proceedings.--For purposes of this section: (1) The frequency of use of a street may be considered relevant in a proceeding under this section, but, in the absence of additional findings on the purpose of the use, shall not alone be sufficient to establish that the street has been used for public travel. (2) The condition or sufficiency of the street surface for public travel may be considered relevant in a proceeding under this section, but, absent additional findings of actual public maintenance and repair, shall not alone be sufficient to establish maintenance and repair by the township. (d) Construction.--Nothing in this section shall be construed as affecting the weight or persuasiveness of any evidence presented as provided under subsection (b) or the relevance of any evidence presented except as otherwise provided in this section. (e) Presentation of evidence.--In a proceeding in which this section is relied upon to allege the existence of a public street, the proponent of the public status of the street shall present evidence first and the burden shall then shift to the opponent to present evidence to refute the public status of the street.

73 Pa.C.S. § 5504 Power to lay out, open, vacate and alter streets.

With regard to a street or portion of a street within township limits, a township may, with or without petition of abutting property owners, do any of the following: (1) Lay out, open, widen, straighten, alter, extend, relocate and improve. (2) Establish or reestablish the grades. (3) Keep in order and repair and in safe passable condition. (4) Vacate and discontinue when deemed expedient for the public good. (5) With the approval of the Department of Transportation, vacate highways laid out by the Commonwealth within the township limits which have remained unopened for 30 years. Cross References. Section 5504 is referred to in section 5502 of this title.

73 Pa.C.S. § 5505 Prohibition.

No street shall be laid out and opened through a burial ground or cemetery, nor through grounds occupied by a building used as a place for public worship or as a public or parochial school or educational or charitable institution or seminary, unless the consent of the owner of the premises is first secured.

73 Pa.C.S. § 5506 Procedures for laying out, opening, changing, improving or vacating streets.

(a) General rule.--Before the enactment of an ordinance for the laying out, opening, widening, straightening, extending, altering, improving, relocating or vacating of a street or highway or portion of a street or highway, the board of commissioners shall give 10 days' written notice to the owners of property adjacent to the street or highway or portions of the street or highway affected of the time and place set for a hearing on the proposed matter. Witnesses may be summoned and examined by the board of commissioners and by the parties interested at the hearing. (b) Report.--After the hearing and a consideration of the matter under subsection (a), if the board of commissioners votes in favor of exercising the power conferred, the board of commissioners shall make a written report, together with a draft or survey of the street or highway, which shall include: (1) the width of the street or highway; (2) the improvements along the street or highway; and (3) the names of the owners of property which the street or highway shall pass through or abut. (c) Filing of report.--The report and draft shall be filed in the recorder of deeds office of the county. (d) Filing of exceptions.--A resident or property owner affected by the report may, within 30 days after the filing of the report of the board of commissioners, upon entering in the court sufficient surety to indemnify the board of commissioners for all costs incurred in the proceedings, file exceptions to the report, together with a petition for a review. (e) Process.--The following shall apply after the expiration of the term allowed for filing exceptions or upon an order of the court upon disposition of any exceptions: (1) If the board of commissioners desires to lay out, open, widen, straighten, alter, extend, improve, relocate or vacate the street or highway or portion of the street or highway, the board of commissioners shall enact an ordinance for the actions. (2) The court of common pleas, on application by petition by the board of commissioners or any person interested, shall appoint three viewers from the county board of viewers to assess the damages and benefits occasioned by the proceeding unless the damages and benefits are otherwise agreed upon. Cross References. Section 5506 is referred to in section 5502 of this title.

73 Pa.C.S. § 5507 Petition for opening.

(a) General rule.--A petition may be presented to the board of commissioners for the opening, widening, straightening, extending, altering, improving, relocating, vacating or establishing or reestablishing the grade of a street. (b) Requirements.--A petition made under this section must be: (1) Signed by a majority, in number and interest, of the owners of property abutting on the line of the proposed improvement or vacation as fixed at the time of presentation of the petition. (2) Verified by affidavit of one or more of the petitioners. (3) Accompanied by payment of reasonable and necessary fees established by resolution in a form acceptable to the township. Fees may include the reasonable and necessary costs and expenses anticipated to be incurred by the township in responding to the petition, including advertising, engineering, hearing, legal and similar costs. (c) Multiple owners.--The majority in interest of owners of undivided interests in a piece of property shall be deemed as one person for the purposes of the petition. Cross References. Section 5507 is referred to in section 5508 of this title.

73 Pa.C.S. § 5508 Notice of petition.

(a) General rule.--After a petition has been presented as provided under section 5507 (relating to petition for opening) and the board of commissioners has determined the adequacy of the petition, but before final enactment of any ordinance enacted as provided in the petition, notice shall be published once in a newspaper of general circulation as provided under section 1107 (relating to legal advertising), and handbills shall be posted in conspicuous places along the line of the proposed improvement. (b) Requirements.--The notice and handbills shall include the following: (1) A statement that the petition for the improvement was signed by a majority, in interest and number, of the owners of property abutting the line of the proposed improvement. (2) That a person interested may provide comments at a public hearing to be held at a date, time and place as stated in the published notice and handbills. (c) Publication of notice.--If, after a hearing, the board of commissioners determines to proceed with the consideration of an ordinance pursuant to the petition, the board of commissioners shall publish notice of the proposed ordinance and incorporate reference to any maps or drawing in accordance with Chapter 77 (relating to ordinances).

73 Pa.C.S. § 5509 Width of public streets.

(a) General rule.--The width of a street in a township shall not be less than 24 feet nor more than 120 feet. The minimum required width shall be in addition to the width required for necessary slopes in cuts or fills. (b) Width of alleys.--The width of an alley shall be subject to the discretion of the board of commissioners.

73 Pa.C.S. § 5510 Opening and repairing streets.

(a) General rule.--Laid out public streets in a township shall, as soon as practicable, be effectually opened and constantly kept in repair. All streets shall, in all seasons, be kept reasonably clear of all impediments to easy and convenient traveling, at the expense of the township. (b) Effect of proceedings.--When proceedings have been initiated under this part for the opening and laying out of a public street in a township, the street shall be physically opened for use by the public within a period of five years after the completion of the proceedings. If the street is not opened or if no proceedings have been commenced to compel the opening in five years, then the proceedings are void and the land proposed to be taken shall revert to the owners of the land free of any easement or right of the public to use the land.

73 Pa.C.S. § 5511 Street closings and detours.

(a) General rule.--The following shall apply to the closing of a street to vehicular traffic: (1) No street shall be closed to vehicular traffic, except upon order of the board of commissioners or, in cases of emergency when immediate action is necessary to protect public safety, by order of the police, an authorized fire official or other authorized public employee. (2) A street may not remain closed for a longer period than is necessary for the purpose for which the order to close was issued. (3) Except in cases of emergency when immediate action is necessary to protect public safety, no street shall be closed to vehicular traffic when the street has been designated as a detour by the Department of Transportation, unless the Secretary of Transportation has provided written consent or the board of commissioners has, by resolution duly recorded on the minutes, declared the closing necessary for the safety of the public. (4) When a street which forms a part or section of a State highway or has been designated as a detour by the Department of Transportation is closed to vehicular traffic, the township shall at once notify the Department of Transportation of the creation of a detour under this section. The Department of Transportation shall be notified immediately after the detour is removed. (5) When a street is to be closed, it shall be the duty of the board of commissioners or official authorizing the closing to immediately designate or lay out a detour. (6) While the detour is in use, legible signs shall be erected and maintained at reasonable intervals indicating the proper direction and the detour shall be maintained in a safe and passable condition, except in the case of State or county highways. (7) When the street that had been closed is opened for traffic, all detour signs shall be removed. (8) Except in the case of State or county highways, the board of commissioners shall, as soon as possible, repair the street designated as a detour and place the street in a condition at least equal to the street's condition when designated as a detour. (b) Use of private lands.-- (1) The board of commissioners may enter into an agreement with the owners of private lands, covering the acquisition of right-of-way privileges for a detour over private property for the period when the street shall be closed to traffic. (2) If the parties cannot reach an agreement, the township may proceed with the construction of the detour with the owner of the property taken for the detour entitled to seek damages, if any, in the same manner as damages are now ascertained for the opening of streets in the township. (c) Payment by board of commissioners.--In the exercise of the rights conferred by this section relating to detours, the board of commissioners is empowered to pay for the necessary maintenance, subsequent repair and land rental out of the money available for the construction and maintenance of township streets. (d) Violation.--A person who willfully removes, defaces, destroys or disregards a barricade, light, danger sign, detour sign or warning of any other type legally erected or placed or who drives on, over or across a street which has been closed by proper authority commits a summary offense punishable upon conviction in accordance with section 7711 (relating to fines and penalties). (e) Exception.--A person who has no outlet due to the closing of a street may drive on, over or across the street, subject to reasonable conditions as may be prescribed by the township, without being subject to the penalties imposed by this section. (f) Damages.--In addition to the penalties provided in subsection (d), the township or the township's agents or contractors may, in an action at law, recover damages, including costs of labor, materials and prosecution from a person who damages a street when the street is closed to vehicular traffic. (g) Money collected.--All money collected under the provisions of this section shall be paid over to the township treasurer. (h) Excessive or unusual conditions.--The board of commissioners may temporarily close a street when the board of commissioners determines that excessive or unusual conditions have rendered the street unfit or unsafe for travel, and immediate repair, because of the time of year or other conditions, is impracticable. The street or portion of the street closed shall be properly marked at the street's extremities and a means of passage for the customary users of the street shall, whenever possible, be provided.

73 Pa.C.S. § 5512 Street connecting with street of another municipal corporation.

(a) General rule.--All streets partly within a township of the first class shall be laid out, opened, widened, straightened, altered, extended, vacated, improved, relocated or have grades established or reestablished under this chapter to the extent the street or portion of the street is within the township. (b) Streets outside township.-- (1) The procedures applicable to any portion of the street outside the township shall be as provided by the code applicable to the classification of the other municipal corporation with which the street is shared. (2) Notwithstanding paragraph (1), no action may be taken under this chapter that would result in the change of location or grade or the vacation of a street or portion of the street that connects with a street of another municipal corporation without approval of the court of common pleas of the county in which the other municipal corporation is located, unless the municipal corporation first files with the township secretary the municipal corporation's approval of the proposed action.

73 Pa.C.S. § 5513 Acceptance of land for street purposes.

(a) Board acceptance of land.--The board of commissioners may, by ordinance or resolution, accept in the name of the township any land dedicated by deed to the township to be used in any manner for street purposes. (b) Certain designations prohibited.--No person shall construct, open or dedicate any street or drainage facilities in connection with the street for public use or travel in a township without first submitting plans to the board of commissioners for approval. The plans shall be prepared in accordance with rules and regulations as may be prescribed by the board of commissioners and shall show the profiles of the streets, the course, structure and capacity of any drainage facilities, the method of drainage of the adjacent or contiguous territory and any other details required under the rules and regulations adopted by the board of commissioners. (c) Application.--The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, shall apply to the construction, security requirements and dedication of streets and connected drainage facilities if the streets proposed to be constructed are part of a plan required by an ordinance adopted under the Pennsylvania Municipalities Planning Code. (d) Board powers.-- (1) Before acting upon plans not subject to review under subsection (c), the board of commissioners may, in the board's discretion, arrange for a public hearing, after giving notice as the board of commissioners may deem desirable in each case. The board of commissioners may alter the plans and specify changes or modifications of any kind and may make the approval of the plans subject to alterations, changes or modifications. Plans, when approved, shall be signed on behalf of the township by an officer as the commissioners may designate, and an approved copy shall be filed in the township engineer's office or other proper office and be available for public inspection. (2) No street or drainage facilities in connection with the street shall be opened, constructed or dedicated for public use or travel except in compliance with plans approved by the board of commissioners and until the approved plan is recorded as required in this chapter. (e) Board refusal to approve.--If the board of commissioners refuses to approve a plan submitted to the board under this section, a person aggrieved by the action of the board of commissioners may, within 30 days after the action, appeal from the action by petition to the court of common pleas, and the court shall hear the matter de novo. The following shall apply: (1) After a hearing, the court may enter a decree affirming, reversing or modifying the action of the board of commissioners as may appear just. (2) The court shall designate the manner in which notices of the hearing of an appeal shall be given to all parties interested. (3) The decision of the court shall be final. (4) A plan approved by the action of the board of commissioners or by the court on appeal shall be recorded by the person applying for approval in the office of the recorder of deeds of the county. (f) Limitations.--If a street or drainage facilities in connection with a street is opened, constructed or dedicated for public use or travel, except in compliance with plans approved and recorded, neither the board of commissioners nor a public authority shall be required to place, construct or operate a sewer, drain, water pipe or other facilities or do any work of any kind in or upon the street. Neither the board of commissioners nor any other public authority shall have any responsibility of any kind with respect to the street or drainage facilities, even if the street or drainage facilities are in use by the public, unless the street or drainage facilities are accepted by ordinance or by deed of dedication. Nothing in this part shall prevent the laying of trunk sewers, drains or water or gas mains if required by engineering necessity for the accommodation of other territory. (g) Failure to obtain plan approval.--If a person opens a street or drainage facility in connection with the street without submitting and obtaining approval of plans as provided in this section, and if the board of commissioners shall have no information that the street or drainage facility is intended for public use or travel, the board of commissioners may, in the board's discretion, file with the recorder of deeds of the county a certificate containing a description of the land served by the street or drainage facility in connection with the street. The board of commissioners shall include a statement that, as the board of commissioners have not approved the plans, neither the board of commissioners nor any other public authority shall have any responsibility to furnish any facilities or services with respect to the land or have any responsibility of any kind with respect to the street or drainage facility. The owner of the land shall be designated and indexed as grantor in the records of the office of the recorder of deeds, and the township shall be designated and indexed as grantee. It shall not be necessary for the certificate to be executed by any party other than the board of commissioners filing the certificate. (h) Enforcement and failure to certify.-- (1) Nothing in this section shall be deemed to prevent the board of commissioners from enforcing the provisions of this part in which a street or drainage facility in connection with the street is intended for public use or travel. (2) If a township fails to file a certificate under subsection (g), nothing in this section shall be interpreted to create a deemed approval of the plans nor create any responsibility of the township with respect to the land, street or drainage facility. (i) Offense.--A person who constructs, opens or dedicates a street or drainage facilities for public use or travel in a township without having first complied with the provisions of this section and of any ordinances or resolutions of the board of commissioners commits a misdemeanor of the third degree and is subject to suit for all costs and damages incurred by the township or property owners in the course of correcting substantive violations of State or municipal law or regulations resulting from or arising out of the unlawfully constructed street or facility. All money recovered shall be paid to the township treasurer. (j) No maintenance required.--No approval of plans by the board of commissioners shall obligate or require the township to construct, reconstruct, maintain, repair or grade the streets.

73 Pa.C.S. § 5514 Powers of State and counties preserved.

Nothing contained in this chapter shall be held to restrict or limit the Department of Transportation or any county in the exercise of any duties, powers and functions under the provisions of State law.

73 Pa.C.S. § 5515 Exclusive nature of provisions.

No street may be dedicated, accepted, acquired, laid out, opened or vacated by a township except under this chapter.

73 Pa.C.S. § 5516 Failure of board of commissioners to hold hearing.

If, after the filing of a petition under this chapter, the board of commissioners fails to hold a required hearing, an aggrieved party may file a mandamus action in the court of common pleas requesting that a hearing be held.

73 Pa.C.S. § 5517 Entry on land to maintain markers and monuments.

The board of commissioners and the board of commissioners' agents and employees may enter upon any land or property to maintain markers and monuments as the board of commissioners deems necessary in carrying out the board of commissioners' powers and duties under this chapter.

73 Pa.C.S. § 5518 Bike paths.

The board of commissioners may provide for the construction and maintenance of bike paths for the protection or convenience of the traveling public.

73 Pa.C.S. § 5519 Streets in or near public parks.

(a) Creation, relocation or alteration of parks.--The board of commissioners may contract with the Commonwealth, a county or a municipal corporation owning and operating parks inside the township to establish, relocate, alter or vacate public streets inside or contiguous to those parks. The board of commissioners shall take no action with respect to the public streets without the written consent and agreement of the Commonwealth, county or municipal corporation owning and operating the parks. A street, when altered or relocated under this section, shall be maintained and repaired the same as other township streets. (b) Ordinance required.--The agreement shall be adopted by ordinance and within 30 days the street shall be a public street of the township. (c) Petition of injury.--The owner of any land through which a public street may be located or relocated may apply by petition to the court of common pleas, specifying the injury that has been sustained by reason of the relocation of the public street. The proceedings relative to the assessment and payment of damages of the landowner shall be in accordance with 26 Pa.C.S. (relating to eminent domain).

73 Pa.C.S. § 5520 Elimination of curves and acquisition of views.

(a) Land acquired by township.--Any township may, singly or jointly with another municipality, acquire, by purchase or by the right of eminent domain, lands or easements along or adjacent to any township street that may be necessary to eliminate dangerous curves, widen streets or provide a free and unobstructed view down and across lands located at or near the intersection of any two streets or highways, or a street or highway and a railroad or railway, or at a curve in a street or highway, for the better protection and safety to the traveling public. (b) Postcondemnation abatement.--After condemnation, the township may abate or remove, or cause to be abated or removed, any obstruction to the view over and across the lands. (c) Condemnation proceedings.--The proceedings for the condemnation of lands and for the assessment of damages for property, or portions of property, taken, injured or destroyed, agreed to be paid by the township if the taking is jointly with another municipality, shall be taken in the manner provided under the law governing eminent domain. (d) Fair use.--Upon the purchase or condemnation of lands or easements for a free and unobstructed view, the owner of the lands may make every use of the lands that will not interfere with a free and unobstructed view at the dangerous crossing or curve.

73 Pa.C.S. § 5521 Improving or vacating streets by agreement.

(a) Board powers after damages.--When the board of commissioners constructs, changes, widens, relocates, vacates or alters any portion of a public street under the board of commissioners' supervision, and can agree with the property owners affected by the change as to damages, the board of commissioners may, upon payment of damages agreed upon, construct, change, widen, relocate, vacate or alter the portion of the street as contemplated in the agreement without the formality of a view. (b) Record of agreement.--A copy of the agreement stating the facts regarding the construction, change, widening, relocation, vacation or alteration, accompanied by a map or draft of the street agreed to be constructed, changed, widened, relocated, vacated or altered, shall be presented and recorded in the office of the recorder of deeds or similar office in home rule counties after which the new location is the public street or the old location is vacated. (c) Construction.--Nothing contained in this section shall be construed to prohibit a township from paying for curbs, gutters, sidewalks, retaining walls and incidental work necessitated by such construction, change, alteration, relocation, vacation or widening in cases where the necessary land is dedicated to the township for public use.

73 Pa.C.S. § 5522 Proceedings with or without petition.

A township may improve streets, portions of streets or a particular width or additional widths of streets, with or without the assistance or contribution of the Federal Government, the Commonwealth, the county or a corporation occupying the thoroughfare, and may assess and collect the following from the owners of real estate abutting on the improvement in accordance with Chapter 63 (relating to assessments for public improvements): (1) The whole cost of improvement. (2) The whole cost of improvement not aided or contributed to by the Federal Government, the Commonwealth, the county or a corporation. (3) Any part of the cost.

73 Pa.C.S. § 5523 Power to open drains and ditches.

(a) Maintenance.--The board of commissioners or its agents and employees may enter any lands or enclosures and cut, open, maintain and repair drains or ditches through the property when necessary to carry the water from the streets. (b) Summary offense.--A person who damages or diverts a drain or ditch without the authority of the board of commissioners commits a summary offense and is liable for the cost of restoring the drain or ditch. All money recovered under this subsection shall be paid to the township treasurer.

73 Pa.C.S. § 5524 Trees and shrubbery within right-of-way.

(a) Modifications to obstacle permitted.--In order to provide for easy and convenient traveling upon the public streets or highways, the board of commissioners may cut, alter or remove trees, shrubbery, underbrush, refuse or obstructions within the legal width of a public street or highway, or any portion of a public street or highway. (b) Brush.--All logs, cordwood, branch wood or other forms of wood derived from the destruction or removal of trees growing along streets or highways shall be surrendered to and remain the property of the abutting owners, provided that the abutting owners shall, within 10 days after notice from the township, remove the logs, cordwood, branch wood or other forms of wood from the legal width of the street or highway. In the event of the abutting owners' failure to remove the wood, the abutting owners shall forfeit all interest in the wood and the wood may be disposed of as the board of commissioners deems proper. Cross References. Section 5524 is referred to in section 7314 of this title.

73 Pa.C.S. § 5525 Protection of streets or highways from snowdrifts.

(a) Entrance on private property for snow fence.--A township may enter upon private property adjacent to a public street or highway and place on the private property a snow fence to within a limit of 100 feet from the right-of-way line of the public street or highway in order to eliminate snow drifting on the traveled portion of the street. (b) Snow fence limitations.--A snow fence may not be placed before the first day of November or remain in place after the first day of April of the succeeding year unless the written consent of the owner of the adjacent property is obtained agreeing to an extension of time for the removal of the snow fence. (c) Compensation and appeal.--If the board of commissioners and the owner of the property upon which a snow fence is placed and removed under this section cannot agree to the amount of compensation, if any, to be paid to the owner for placing the snow fence, including the amount of damages, if any, to be paid for injury to the property resulting from placing and removing the fence, the owner may petition the court of common pleas of the county for the appointment of viewers to ascertain the amount of damage incurred in the manner provided in this part for eminent domain proceedings. Damages, if any, when ascertained, shall be paid by the township from the general township fund.

73 Pa.C.S. § 5526 Naming of streets.

The board of commissioners may provide for and regulate the naming of streets and highways. When the naming of a street or highway will affect signage maintained by the Department of Transportation, the board of commissioners shall notify the department.

73 Pa.C.S. § 5527 Street lighting, ornamental lighting and traffic control signals and devices.

The board of commissioners may provide street lights and ornamental lighting and make regulations for the protection of lighting. The board may assess the costs of street lighting and ornamental lighting in accordance with Chapter 63 (relating to assessments for public improvements). The board may provide for the erection, maintenance and operation of traffic control signals and devices in accordance with 75 Pa.C.S. (relating to vehicles).

73 Pa.C.S. § 5528 Penalty for destroying signs.

(a) Unlawful sign modification or destruction.--It shall be unlawful for a person to willfully destroy, remove, injure or deface a sign legally erected upon or near a public street, highway or bridge by the board of commissioners, or legally erected with the consent of the board of commissioners over a public street, highway or bridge, by a club, association or other organized body, for the direction, guidance or safety of travelers. It shall also be unlawful for a person to willfully destroy, remove, injure or deface a temporary traffic-control device legally erected to enhance traffic or worker safety in a construction or maintenance work zone, including cones, batons, barrels, barricades, signs, sign trucks, arrow boards or other devices specified in a traffic safety plan approved by the township or the Department of Transportation. (b) Summary offense.--A person who violates this section commits a summary offense and, upon conviction, shall be punished in accordance with section 7711 (relating to fines and penalties), which may include the costs of labor, materials and prosecution. Money collected shall be paid to the township treasurer.

73 Pa.C.S. § 5529 Railroad crossings.

(a) Rail crossings above and below.--Every township constructing a street across a railroad shall construct the street above or below the grade of the railroad, unless permitted by the Pennsylvania Public Utility Commission to construct the street at grade. (b) New construction.--New construction of a street crossing a railroad or the vacation of a street crossing a railroad shall be constructed or vacated only in the manner consistent with the rules and regulations and under the jurisdiction of the Pennsylvania Public Utility Commission. (c) Damages.--Compensation for damages to the owners of adjacent property taken, injured or destroyed by the construction of a street crossing a railroad or the vacation of a street crossing a railroad shall be ascertained, fixed and paid under 66 Pa.C.S. Pt. I (relating to public utility code).

73 Pa.C.S. § 5530 Street permits.

No railroad or street railway shall be constructed upon a township street, nor shall a railroad or street railway crossings, driveway connections, gas pipes, water pipes, electric conduits or other piping be laid upon or in, nor shall a telephone, telegraph or electric light or power poles or coal tipples or other obstructions or facilities of nonpublic utility communication providers be erected upon or in any portion of a township street, except under conditions, restrictions and regulations, and subject to the payment of fees for permits as may be prescribed and required by the board of commissioners not exceeding the reasonable cost of issuing the permit and expense of inspecting the work authorized by the permit upon completion of the work. All fees collected for permits shall be paid into the township treasury.

73 Pa.C.S. § 5531 County aid in the improvement of township streets.

(a) Improvement.--Whenever the owners of the majority of the assessed valuation of real property within a township desire a principal street within the township to be improved and maintained at the joint expense of the county and township, the owners may petition the board of commissioners of the township for the improvement and require the board of commissioners to make application to the county commissioners for the improvement and maintenance in accordance with the provisions of existing law. (b) Board inaction and court order.--If the board of commissioners refuses to act upon, or unduly delays action on, a petition for the improvement and maintenance of a street, a citizen taxpayer of the township or county may, by petition, present the facts of the matter to the court of common pleas and request the court to order an action as the case may require. If, after due hearing had before the court, it appears that the truth of the matters alleged in the petition are sustained, the court shall make an order directing the board of commissioners to act upon the application or applications, and that the application or petition for the improvement be forwarded to the county commissioners.

73 Pa.C.S. § 5532 Boundary streets.

(a) Boundary streets.--When a street, other than a State or county road, is created or located along, on or over boundaries between a township and any other municipal corporation, the creation, location, construction, maintenance and repair of the street shall be the joint responsibility of the township and the municipal corporation with which the common boundary is shared. (b) Board agreements.--The board of commissioners may make agreements with the governing body of the municipal corporation with which the common boundary is shared to provide for the apportionment of the cost of construction, maintenance and repair of boundary streets. (c) Court determination.--If an amicable agreement on the proportionate share of costs of construction, maintenance and repair of boundary streets cannot be executed, the board of commissioners or the governing body of the other municipal corporation involved may petition the court of common pleas of the county for a determination of the rights and responsibilities of the respective municipal corporations involved. (d) Court order.--The court, after hearing of which notice shall be given to all parties interested as the court may direct, shall make an order directing the manner of the opening and maintenance and the division of the costs between the township and the other municipal corporation.

73 Pa.C.S. § 5533 When center line of street is boundary between township and another municipal corporation.

(a) Municipal corporation contracts.--A township may enter into a contract with a municipal corporation to provide for the grading, curbing, draining and paving of a street that constitutes the dividing line between the township and the municipal corporation. (b) Alterations and improvements.--The alterations and improvements shall be made under the supervision of the township or municipal corporation, or by contract let by the township or the municipal corporation, as may be provided for in the contract between the township and the municipal corporation.

73 Pa.C.S. § 5534 Streets having more than half of their width within township.

(a) General rule.--If a street, more than one-half the width of which is within the limits of the township, divides the township from any other municipal corporation, the street may be improved by the township in the same manner as if the street were entirely located within the limits of the township. (b) Assessment.--The property, within or outside the township, that abuts the street and benefits from the improvements may, for a depth of 150 feet plus one-half the width of the street measured from the street's center line, be assessed for any and all municipal improvements to or on the street in the same manner as the property would be assessed under the provisions of this chapter if the property were entirely located within the limits of the township.

73 Pa.C.S. § 5535 Assessment for improvements on property outside limits where street entirely within township.

If a street, entirely within the limits of a township, divides the township from any other municipal corporation, the property on the side of the street, within or outside the township, that abuts the street and benefits from the improvement may, for a depth of 150 feet from the street's center line, be assessed for any and all municipal improvements to or on the streets on which the property abuts in the same manner as the property would be assessed under the provisions of this title if the property were entirely located within the limits of the township.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=73Fetched: 10/16/2026