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4855 Woodland Drive
Enola, PA 17025
Phone: (717) 763-0930
Fax: (717) 763-9732
|
ARTICLE XXIII ROADS, STREETS, BRIDGES AND HIGHWAYS
Section
2301.
Road
and
Bridge
Maintenance,
Repair
and
Construction.-(a)
The
board
of
supervisors
may
purchase
or
hire
materials,
equipment,
machinery
and
implements
necessary
for
the
construction,
repair
and
maintenance
of
roads
and
bridges
and
make
and
maintain
bridges
over
streams,
gullies,
canals
and
railroads
where
bridges
are
necessary
for
the
ease
and
safety
of
travelers.
The
bridges
shall
be
deemed
to
be
a
part
of
the
road.
Section
2302.
Duties
of
Roadmasters.-The
roadmasters
shall:
Section
2304.
Power
to
Lay
Out,
Open,
Widen,
Vacate,
Et
Cetera.-
Section
2305.
Hearing;
Report;
Exceptions
Thereto;
View
and
Notice.- Section 2306. Width of Public Roads.-The width of the right-of-way of a public road in townships shall not be less than thirty-three feet or more than one hundred and twenty feet, and the width of the right-of-way of alleys opened by the township as public roads shall not be less than fifteen feet. The minimum required width shall be in addition to any width required for necessary slopes in cuts or fills. Section 2307. Certain Roads Declared Public Roads- (a) Every road which has been used for public travel and maintained and kept in repair by the township for a period of at least twenty-one years is a public road having a right-of-way of thirty-three feet even there is no public record of the laying out or dedication for public use of the road.
Section
2308.
Opening,
Repairing
and
Closing
Roads.-(a)
Public
roads
in
townships
shall,
as
soon
as
practicable,
be
effectually
opened.
All
public
roads
shall
at
all
seasons
be
kept
in
repair
and
reasonably
clear
of
all
impediments
to
easy
and
convenient
traveling
at
the
expense
of
the
township. Section 2309. Time Within Which Roads to be Opened.-When proceedings have been initiated under this act for the opening and laying out of any public road in the township, the road shall be physically opened for use by the public within a period of five years after completion of the proceeding. If the road 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.
Section
2310.
Detours.-(a)
Except
for
emergencies,
no
public
road
shall
be
closed
to
traffic
except
upon
order
of
the
board
of
supervisors,
and
no
public
road
shall
be
closed
to
traffic
when
it
has
been
designated
as
a
detour
by
the
Department
of
Transportation
unless
the
written
consent
of
the
Department
of
Transportation
is
first
obtained
or
unless
the
board
of
supervisors
by
resolution
declares
the
closing
necessary
for
the
protection
of
the
public
safety.
Section
2311.
Relocating
or
Vacating
Roads
by
Agreement.-(a)
When
the
board
of
supervisors
relocates
or
vacates
any
part
of
any
public
road
under
its
supervision
and
can
agree
with
the
property
owners
affected
by
the
relocation
or
vacation,
it
may
relocate
or
vacate
the
public
road
without
the
formality
of
a
view.
Section
2312.
Elimination
of
Curves;
Acquisition
of
Views.-(a)
Any
township
may
acquire,
by
purchase
or
by
the
right
of
eminent
domain,
any
property
and
lands
along
or
adjacent
to
any
township
road
that
may
be
necessary
to
eliminate
dangerous
curves
and
widen
roads
and
provide
a
free
and
unobstructed
view
over
lands
located
at
or
near
the
intersection
of
any
two
roads
or
highways,
or
a
road
and
a
railroad
or
railway,
or
at
any
curve
in
any
road,
for
the
better
protection
and
safety
to
the
traveling
public.
Section
2313.
Roads
in
or
near
Public
Parks.-(a)
The
board
of
supervisors
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
roads
inside
or
contiguous
to
those
parks.
The
board
of
supervisors
shall
take
no
action
with
respect
to
the
public
roads
without
the
written
consent
and
agreement
of
the
Commonwealth,
county
or
municipal
corporation
owning
and
operating
the
parks.
Any
road
when
altered
or
relocated
under
this
section
shall
be
maintained
and
repaired
the
same
as
other
township
roads.
Section
2314.
Petition
of
Property
Owners
for
Improvements.-(a)
Any
township
may
improve
any
public
street
in
the
township
upon
the
petition
of
property
owners
representing
a
majority
in
number
of
feet
front
of
the
properties
abutting
on
the
street
proposed
to
be
improved
at
the
expense
of
the
property
owners.
Section
2315.
Improvements
Without
Petition.-(a)
The
board
of
supervisors
may
by
ordinance
provide
for
the
construction,
reconstruction,
repair
or
other
improvements
to
any
public
street
in
the
township.
Section
2316.
Acceptance
of
Land
for
Road
Purposes.-(a)
The
board
of
supervisors
may
by
resolution
accept
any
land
dedicated
by
deed
to
the
township
to
be
used
as
a
road,
street
or
alley.
A
copy
of
the
resolution,
together
with
a
draft
or
survey
of
the
road,
street
or
alley,
showing
location
and
width
thereof,
shall
be
filed
with
the
clerk
of
the
court
of
common
pleas.
Section
2317.
Approval
of
Plans.-(a)
No
person
shall
construct,
open
or
dedicate
any
road
or
any
drainage
facilities
for
public
use
or
travel
without
first
submitting
plans
thereof
to
the
board
of
supervisors
for
its
approval.
The
plans
shall
be
prepared
under
rules
and
regulations
adopted
by
the
board
of
supervisors
and
shall
show
the
profiles
of
the
roads,
the
course,
structure
and
capacity
of
any
drainage
facilities,
the
method
of
drainage
of
the
adjacent
or
contiguous
territory
and
any
other
details
that
may
be
required
under
the
rules
or
regulations
adopted
by
the
board
of
supervisors.
The
board
of
supervisors
may
alter
the
plans
and
specify
any
changes
or
modifications
of
any
kind
and
may
make
its
approval
of
the
plans
subject
to
those
alterations,
changes
or
modifications.
The
plans
when
so
approved
shall
be
signed
by
the
board
of
supervisors,
and
a
copy
shall
be
filed
with
the
secretary
of
the
township.
No
road
or
drainage
facilities
shall
be
opened,
constructed
or
dedicated
for
public
use
or
travel
except
in
compliance
with
plans
approved
by
the
board
of
supervisors
and
until
the
approved
plan
is
recorded
as
required
in
this
section. Section 2318. Markers and Monuments.-The board of supervisors and its agents may enter any land and property and maintain marks and monuments in carrying out its powers and duties under this article. Section 2319. Powers of State and Counties Preserved.-Nothing contained in this article shall be held to restrict or limit the Department of Transportation or any county in the exercise of any of its duties, powers and functions under any State law.
Section
2320.
Power
to
Open
Drains
and
Ditches.-(a)
The
board
of
supervisors
or
its
agents
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
roads. Section
2321.
Railroad
Crossings.-(a)
Every
township
constructing
a
road
across
a
railroad
shall
construct
the
road
above
or below
the
grade
thereof
unless
permitted
by
the
Pennsylvania
Public
Utility
Commission
to
construct
the
road
at
grade. Section 2322. Permits.-No railroad or street railway shall be constructed upon any township road, nor shall any railroad or street railway crossings, driveway connections, gas pipe, water pipe, electric conduits or other piping be laid upon or in, nor shall any telephone, telegraph or electric light or power poles or any coal tipples or any other obstructions be erected upon or in, any portion of a township road except under conditions, restrictions and regulations specified in permits granted by the township for that purpose. Each application shall be submitted to the township in duplicate. The township shall collect a fee as determined by the Department of Transportation for processing the application and another fee for making the inspection. Each application shall be accompanied by both fees. When the township grants the permit, the board of supervisors or its agents shall inspect the work authorized by the permit upon the completion thereof and, when necessary, enforce compliance with the conditions, restrictions and regulations specified by the township. In addition to that inspection, the board of supervisors or its agents may reinspect the work not more than two years after its completion, and, if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the township, it may enforce compliance therewith. If the applicant fails to rectify a defect which presents an immediate or imminent safety or health problem within forty-eight hours or any other defect within sixty days after written notice from the board of supervisors to do so, the board of supervisors or its agents may do the work and impose upon the applicant the cost thereof, together with an additional twenty percent of the cost, which may be recovered by an action in assumpsit in the court of common pleas of the county. All fees received by the township shall he paid into the township treasury. Nothing in this section shall be construed to require a permit in advance for emergency repairs necessary for the safety of the public or the restoration or continuance of public utility service or other public service, but application for the permit and the fees shall be submitted within five days after completion of the work, after which time the remaining provisions of this section apply. Nothing in this section authorizes a township to regulate or control the operations of any permittee except under this section. Section 2323. Penalty for Destroying Signs.-A person shall not destroy, remove, injure or deface any sign legally erected upon or near any public street, road or bridge by the board of supervisors, or by any club, association or other organized body, for the direction, guidance or safety of travelers. A person shall not destroy, remove, injure or deface any temporary traffic-control device legally erected to enhance traffic or worker safety in a construction or maintenance work zone, including, but not limited to, 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. Any person who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for the first offense and a mandatory fine of five hundred dollars ($500) for the second or any subsequent offense, with costs of prosecution, together with the value of the destroyed, removed or defaced sign. All fines and moneys imposed and collected shall be paid to the township treasurer.
Section
2324.
Protection
of
Highways
from
Snowdrifts.-(a)
The
board
of
supervisors
may
enter
private
property
adjacent
to
any
public
road
or
highway
and
place
thereon
a
snow
fence
to
within
a
limit
of
one
hundred
feet
from
the
right-of-way
line
of
the
public
road
in
order
to
eliminate
snow
drifting
on
the
traveled
portion
of
the
public
road. Section 2325. Saving Trees and Shrubbery.-(a) The board of supervisors or its agents shall not remove |
