11 Pa.C.S. Ch. 129

in effect

11 Pa.C.S. § 12901 Map of streets.

(a) General rule.--Council may authorize and approve a comprehensive map of city streets, which may be part of an official map adopted in accordance with the Municipalities Planning Code. (b) Amendment to comprehensive map.--If council adopts a comprehensive map of city streets, any street subsequently laid out in accordance with this chapter shall be deemed an amendment to the comprehensive map.

11 Pa.C.S. § 12902 Laying out streets.

(a) General rule.--A city may lay out streets by any of the following means: (1) Identifying the street on a comprehensive map of city streets. (2) Identifying the street in an amendment to the comprehensive map. (3) Identifying the street in a recorded subdivision or land development plan. (4) An ordinance laying out any area for future opening as a public street. (b) Filing of ordinance.--If, at the time of the enactment of an ordinance in accordance with subsection (a)(4), the lines of the laid-out street include property not subject to use as a public passageway, the ordinance shall be filed with the recorder of deeds of the county where the city is located. (c) Indexing of ordinances.--The recorder of deeds shall index the ordinance by the name of the city, the name of the property owner and, if applicable, the parcel number of the property through which the proposed street is laid out.

11 Pa.C.S. § 12903 Effect of laying out street.

With regard to land not previously used by the city as a passageway for public travel, the laying out and locating of a street in accordance with this chapter shall not in and of itself do any of the following: (1) Authorize the entry upon or the appropriation of any property. (2) Constitute the opening of any street or the taking or acceptance of any land. (3) Obligate the city to improve or maintain the street or land.

11 Pa.C.S. § 12904 Improvements within laid-out streets.

(a) General rule.--No permit shall be issued for any building within the lines of any street laid out pursuant to this chapter. (b) Damages.--No person shall recover damages for the taking for public use of any building or improvements constructed within the lines of any street after the street has been included in the general plan or official map, and any building or improvement shall be removed at the expense of the owner.

11 Pa.C.S. § 12915 Power to open and alter streets.

(a) General rule.--With regard to any street or any part of a street within city limits, a city may, with or without any petition of property owners, do any of the following: (1) Open, widen, straighten, alter, extend 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 city limits which have remained unopened for 30 years. (b) Payment.--A city may pay for any of the actions authorized in subsection (a), either in whole or in part, from the general revenues of the city. Cross References. Section 12915 is referred to in section 12922 of this title.

11 Pa.C.S. § 12916 Ordinances when no petition is presented.

(a) General rule.--An ordinance shall be enacted for the opening, widening, straightening, extending or vacating of any street without petition of property owners by the affirmative vote of a majority of the whole number of members of council, plus one. (b) Enactment of ordinance.--The following shall apply prior to the enactment of an ordinance pursuant to subsection (a): (1) The expiration of 28 days from the date of its introduction. (2) Prior to the end of the 28-day period in paragraph (1), copies of the ordinance shall be published in a newspaper of general circulation in the city once a week for three consecutive weeks immediately following the introduction of the ordinance. (3) In case no newspaper is published in the city, the publication shall be in the same manner in one newspaper published in the county as required by section 10109 (relating to publication of notices).

11 Pa.C.S. § 12917 Erection of improvements restricted.

(a) General rule.--Any ordinance widening or straightening any street shall fix the new line or lines. (b) Conformation to new lines.--The ordinance may require that no owner or builder shall erect any new building or rebuild or alter the front of any building already erected without making it conform to the new lines. (c) Right of action.--A landowner's right of action shall accrue only when the city actually enters on and occupies the land within the lines or the building is located or relocated to conform to the lines.

11 Pa.C.S. § 12918 Petition for opening.

(a) Presentment to council.--A petition may be presented to council for the opening, widening, straightening, altering, extending, vacating, establishing or reestablishing of the grade of any street. (b) Majority of property owners required.--A petition made pursuant to this section shall 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. (c) Majority in interest.--The majority in interest of owners of undivided interests in any piece of property shall be deemed as one person for the purposes of the petition. Cross References. Section 12918 is referred to in section 12919 of this title.

11 Pa.C.S. § 12919 Notice of petition.

(a) General rule.--After a petition has been presented in accordance with section 12918 (relating to petition for opening) and council has determined the adequacy of the petition, but before final enactment of any ordinance enacted pursuant to the petition, notice shall be published in a newspaper of general circulation once a week for three consecutive weeks as required by section 10109 (relating to publication of notices), and handbills shall be posted in conspicuous places along the line of the proposed improvement. (b) Requirements.--The notice and handbills shall state that: (1) 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) Any 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) Notice of determination to proceed.--If, after a hearing, council determines to proceed with the consideration of an ordinance pursuant to the petition, it shall publish notice of the ordinance and incorporate reference to any maps or drawing, in accordance with Subchapter A.1 of Chapter 110 (relating to ordinances).

11 Pa.C.S. § 12922 Assessment of damages and benefits.

If necessary, in any proceedings to exercise one of the powers given in section 12915 (relating to power to open and alter streets), viewers shall be appointed, damages awarded and benefits assessed as provided in 26 Pa.C.S. (relating to eminent domain) or as provided in this chapter for the assessment of benefits.

11 Pa.C.S. § 12930 Power to grade, pave and macadamize.

(a) General rule.--A city may grade, pave, macadamize or otherwise improve any street, and the sidewalks of the street when included as a part of the improvement, have them set with curbs and provide for drainage. (b) Improvement.--A city may provide for the following improvements of any street, in length, in the space between the curb, gutter or cartway and the property line: (1) An original work or improvement. (2) A change, repair, renewal or alteration in the street or curb. (3) Parking spaces. (4) Shade trees. (5) Changing, altering, renewing, replanting, pruning or otherwise making improvements in an item listed under paragraph (1), (2), (3) or (4). Cross References. Section 12930 is referred to in section 12931 of this title.

11 Pa.C.S. § 12931 Payment of cost of improvement.

(a) General rule.--The costs and expenses of the improvements done under section 12930 (relating to power to grade, pave and macadamize) shall be paid, in whole or in part, by the city or by the owners of real estate bounding and abutting the improvement. (b) Assessment.--Cost and expense upon the abutting real estate shall be assessed in accordance with Chapter 145A (relating to assessments for public improvements).

11 Pa.C.S. § 12938 Preparation of streets for paving or repairing.

(a) General rule.--Council may provide, by ordinance, for the laying, renewing and repairing of all gas, water, steam or other pipes or conduits in any street before the paving, repaving or repairing of the street and for making the necessary connections with the pipes. (b) Sewer improvement.--Council may provide for the necessary connections and branches leading into main or lateral sewers. (c) Private utility companies.--With regard to connections requiring extensions from sewers or from gas, water, steam or other pipes or conduits, council may not require private utility companies to make extensions beyond the inner line of the curbstone of the street unless it determines that it is necessary to do so as a sanitary measure. (d) Recoupment of cost.--If, after notice to all persons and owners affected of the necessity for the laying, renewing and repairing of gas, water, steam or other pipes or conduits in a street and the necessity of making necessary connections prior to the proposed paving, repaving or repairing of the street, there is a failure to comply, council may perform work and may collect the cost of paving, repaving or repairing of the pipes or conduits, with interest, from the persons and owners affected. (e) Liens.--The cost of the sewer connections shall be a first lien against the land for whose benefit the connections are made. A separate lien may be filed for the cost, or the sewer connection cost may be included in any lien filed for the cost of the street improvement, and the lien and the proceedings on the lien shall be as in the case of other municipal liens.

11 Pa.C.S. § 12939 Highways in cities.

(a) Power over highways.--Powers, rights and duties given to a city over its streets shall extend to highways to the extent that the city is legally responsible for them, pursuant to agreement or otherwise. (b) Damages.--A city shall not be responsible for damages to property owners abutting a highway under subsection (a) for acts of the Commonwealth unless the city shall assume them under this chapter or the act of June 1, 1945 (P.L.1242, No.428), known as the State Highway Law.

11 Pa.C.S. § 12950 Grade crossing.

(a) Railroad crossings.--A city 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.--Any new construction of a street crossing a railroad or any vacation of any street crossing a railroad shall be constructed or vacated only in a manner consistent with the rules and regulations and under the jurisdiction of the Pennsylvania Public Utility Commission. (c) Compensation to owners.--The compensation for damages to the owners of adjacent property taken, injured or destroyed by the construction of a street crossing a railroad or any vacation of any street crossing a railroad shall be ascertained, fixed and paid according to 66 Pa.C.S. Pt. I (relating to public utility code).

11 Pa.C.S. § 12955 Acquisition of unobstructed views.

Any city may acquire, by purchase or by the right of eminent domain, a free and unobstructed view down and across lands located at or near intersections or curves of streets, railroads or railways to assure a free and unobstructed view in all directions at the intersections or curves and to prevent the use of the lands over and across which the view was acquired for any purpose or in any manner which may interfere with or obstruct the vision of any person traveling upon any street within the city.

11 Pa.C.S. § 12960 Use of abutting lands for embankments, slopes, fills and culverts.

(a) General rule.--In the grading of any street, a city may use so much of the lots and lands abutting on the street for the construction of embankments, slopes, fills and culverts as may be necessary for the completion of the improvement. (b) Compensation.--Compensation for damages, costs and expenses resulting from the use of lots and lands abutting on the street for the construction of embankments, slopes, fills and culverts shall be made in the same manner as compensation for using and occupying private lands for the grading of streets under section 12801 (relating to exercise of eminent domain).

11 Pa.C.S. § 12970 Appropriation for connections with highways.

A city may, singly or jointly with other political subdivisions, appropriate money for the improvement of streets or roads beyond the limits of a city for the purpose of connecting improved streets in a city with a highway.

11 Pa.C.S. § 12975 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 department of streets and public improvements or other department of the city having jurisdiction over public streets or, in cases of emergency, when immediate action is necessary to protect public safety, by order of the mayor, the police or the fire marshal. (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 council has, by resolution duly recorded on its minutes, declared the closing necessary for the safety of the public. (4) When any 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 city 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 any street is to be closed, it shall be the duty of the official or department that authorized the closing to designate 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 safe and passable condition. (7) When the street that had been closed is opened for traffic, all detour signs shall be removed. (b) Agreements with owners of private land.--A city 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 a street shall be closed to traffic. If the parties cannot reach an agreement, the city 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 city. (c) Payment.--In the exercise of the rights conferred by this section relating to detours, council is empowered to pay for the necessary maintenance, subsequent repair and land rental out of money available for the construction and maintenance of city streets. (d) Penalty.--Any individual who willfully removes, defaces, destroys or disregards any barricade, light, danger sign, detour sign, signal or warning of any other type legally erected or placed or who drives on, over or across any street which has been closed by proper authority commits a summary offense punishable upon conviction in accordance with section 11018.16 (relating to enforcement of ordinances, recovery and payment of fines and penalties). (e) Fine for multiple offenses.--In addition to subsection (d), a person shall pay a fine of not less than $500 or more than the maximum fine authorized in section 11018.17 (relating to penalty) for the second or any subsequent offense. (f) Costs of prosecution.--An individual punished under subsection (d) or (e) shall pay the costs of prosecution together with the value of the property so removed, defaced or destroyed. (g) Exception.--An individual 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 city without being subject to the penalties imposed by this section. (h) Collection of fines.--All fines collected under the provisions of this section shall be paid over to the city treasurer. (i) Civil damages.--In addition to the penalties provided in subsections (d) and (e), the city, its agents or contractors may, in an action at law, recover damages from any person who damages a street when it is closed to vehicular traffic.

11 Pa.C.S. § 12985 Maintenance of streets forming boundaries.

(a) General rule.--A street on the boundary line between a city and another municipal corporation shall be maintained jointly by the city and the other municipal corporation. (b) Maintenance agreement.--The officers of the city and the municipal corporation maintaining a street under subsection (a) shall enter into an agreement providing for the division of the cost of maintenance between the city and other municipal corporation. (c) Refusal to participate.--If a municipal corporation shall fail or refuse to enter into a contract under this section, the city or any taxpayer of the noncontracting municipal corporation may petition the court of common pleas of the county, setting forth the facts. (d) Court decision.--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 maintenance and the division of the cost of maintenance between the city and the other municipal corporation.

11 Pa.C.S. § 12986 Streets, the center line of which is the boundary between city and another municipal corporation.

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

11 Pa.C.S. § 12988 Streets more than half of whose width is within city.

(a) Authority to improve entire street.--Whenever any street, more than one-half the width of which is within the limits of the city, shall divide the city from any other municipal corporation, the street may be improved by the city in the same manner as if the street were entirely located within the limits of the city. (b) Assessment.--The property, within or outside the city, 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 its 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 it were entirely located within the limits of the city.

11 Pa.C.S. § 12989 Assessment for improvements on property outside limits where street entirely within city.

Whenever any street, entirely within the limits of any city, shall divide the city from any other municipal corporation, the property on the side of the street, within or outside the city, that abuts the street and benefits from the improvement may, for a depth of 150 feet from its 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 part if it were entirely located within the limits of the city.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=11Fetched: 10/16/2026