PENNSYLVANIA STATUTES
CHAPTER 141 SECOND CLASS TOWNSHIP CODE
ARTICLE XXIII. ROADS, STREETS, BRIDGES AND HIGHWAYS 
 
 53 P. S.  67301. Road and bridge maintenance, repair and construction
 53 P. S.  67302. Duties of roadmasters
 53 P. S.  67303. Road complaints
 53 P. S.  67304. Power to lay out, open, widen, vacate, et cetera
 53 P. S.  67305. Hearing; report; exceptions thereto; view and notice
 53 P. S.  67306. Width of public roads
 53 P. S.  67307. Certain roads declared public roads
 53 P. S.  67308. Opening, repairing and closing roads
 53 P. S.  67309. Time within which roads to be opened
 53 P. S.  67310. Detours
 53 P. S.  67311. Relocating or vacating roads by agreement
 53 P. S.  67312. Elimination of curves; acquisition of views
 53 P. S.  67313. Roads in or near public parks
 53 P. S.  67314. Petition of property owners for improvements
 53 P. S.  67315. Improvements without petition
 53 P. S.  67316. Acceptance of land for road purposes
 53 P. S.  67317. Approval of plans
 53 P. S.  67318. Markers and monuments
 53 P. S.  67319. Powers of state and counties preserved
 53 P. S.  67320. Power to open drains and ditches
 53 P. S.  67321. Railroad crossings
 53 P. S.  67322. Permits
 53 P. S.  67323. Penalty for destroying signs
 53 P. S.  67324. Protection of highways from snowdrifts
 53 P. S.  67325. Saving trees and shrubbery
 53 P. S.  67326. Obstructions and nuisances
 53 P. S.  67327. Traffic lights and signals
 53 P. S.  67328. Regulation of parking
 53 P. S.  67329. Naming of streets
 53 P. S.  67330. Bike paths
 53 P. S.  67331. County bridges
 53 P. S.  67332. Boundary roads and bridges
 

SECOND CLASS TOWNSHIP CODE

  ARTICLE XXXIII. COLLECTION OF ASSESSMENTS

 
53 P. S.  68301. Assessments collected by tax collector
53 P. S.  68302. Assessments collected by township treasurer
53 P. S.  68303. Installment payments
 

CHAPTER 141 SECOND CLASS TOWNSHIP CODE

 ARTICLE XXXIV. EMINENT DOMAIN; ASSESSMENT OF DAMAGES AND BENEFITS

 
53 P. S.  68401. Scope of article
53 P. S.  68402. Restrictions as to certain property
53 P. S.  68403. Value of land or property not to be assessed as benefits; exception
53 P. S.  68404. Title acquired
53 P. S.  68405. Assessment of damages and benefits
53 P. S.  68406. Assessment awards
53 P. S.  68407. Assessments to bear interest
 
 

GENERAL TOWNSHIP LAW

CHAPTER 123 ROADS

 
 53 P. S.  54201. Application of general road law
 53 P. S.  54202. Use of license taxes on township roads
 53 P. S.  54203. Certiorari; appeals
 53 P. S.  54204. Rules of practice; costs
 53 P. S.  54205. Supersedeas; limitation of time for review
 
 53 P. S.  70058. Supervisors may borrow in anticipation of taxes
 
MISCELLANEOUS ROAD LAWS
 
36 P. S.  1961. Unopened ways or streets on town plots
36 P. S.  1981. Authority of courts
36 P. S.  2761. Use by others than petitioners
 
 
53 P. S.  67301. 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.
 
 (b) The board of supervisors may for adequate consideration construct, reconstruct, improve or maintain driveways on
lands owned or occupied by school districts in the township. 
 
 (c) The board of supervisors may construct, reconstruct and improve and contract for the construction, reconstruction and
improvement of roads in the township.
 
 (d) The board of supervisors may for adequate consideration contract with the Commonwealth, a county or a municipal
corporation to construct, reconstruct, improve or maintain public roads or highways under the jurisdiction of the Commonwealth, a county or a municipal corporation. Contracts executed under this subsection need not be submitted to the Local Government Commission for review under the act of July 12, 1972 (P.L. 762, No. 180), referred to as the Intergovernmental Cooperation Law.[fn1]
 
 (e) The board of supervisors may employ one or more roadmasters. The roadmasters are subject to removal by the board of supervisors.
 
[fn1] 53 P. S.  481 et seq. 
 
1933, May 1, P.L. 103, No. 69,  2301, added 1995, Nov.
9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67302. Duties of roadmasters
 
 The roadmasters shall:
 
 (1) Report to the board of supervisors any information that may be required by the board of supervisors and by the
Department of Transportation. 
 
 (2) Inspect all roads and bridges as directed by the board of supervisors.
 
 (3) Do or direct to be done all work necessary to carry out the responsibilities imposed by the board of supervisors with
respect to the maintenance, repair and construction of township roads.
 
1933, May 1, P.L. 103, No. 69,  2302, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67303. Road complaints
 
 If any complaint alleges that the public roads and highways of any township are not maintained in accordance with law, the court may appoint three persons who shall examine the highways and report the findings to the court. In these cases, the complainants shall first enter security, in a sum as the court may fix, to pay all costs.
 
1933, May 1, P.L. 103, No. 69,  2303, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
 
 
53 P. S.  67304. Power to lay out, open, widen, vacate, et cetera
 
 (a) The board of supervisors may by ordinance enact, ordain, survey, lay out, open, widen, straighten, vacate and relay all roads and bridges and parts thereof which are located wholly or partially within the township.
 
 (b) The board of supervisors may by ordinance provide for the widening, straightening or improvement of a State highway, with the consent of the Department of Transportation, and may spend township funds in connection therewith.
 
 (c) When any petition is presented to the board of supervisors requesting the board of supervisors to open or vacate a specific road in the township and the board of supervisors fails to act on the petition within sixty days, the petitioners may present their petition to the court of common pleas which shall proceed thereon under the act of June 13, 1836 (P.L. 551, No. 169), referred to as the General Road Law.[fn1] If the board of supervisors acts on the petition but denies the request of the petition, the board of supervisors shall notify the person designated in the petition of its denial. If the request of the petition is denied, the petitioners, or a majority of them, may within thirty days after receipt of the notice petition the court of common pleas for the appointment of viewers and proceedings
shall be taken thereon under the General Road Law.
 
 (d) No road shall be laid out and opened through any burial ground or cemetery, nor through any grounds occupied by a building used as a place for public worship or as a public or parochial school, educational or charitable institution or seminary, unless the consent of the owner of the premises is first secured. If the owner is unknown, this prohibition does not apply.
 
[fn1] 36 P. S.  1781 et seq.
 
1933, May 1, P.L. 103, No. 69,  2304, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67305. Hearing; report; exceptions thereto; view and notice
 
 (a) Before the passage of any ordinance for the laying out, opening, changing or vacating of any road or highway or section thereof, the board of supervisors shall give ten days' written notice to the owners of property adjacent to the road or portions thereof involved of the time and place set for a hearing on the proposed ordinance.
 
 (b) If the board of supervisors votes in favor of exercising the power, it shall enact the necessary ordinance and file a copy of the ordinance, together with a draft or survey of the road showing the location and width thereof, in the office of the clerk of the court of common pleas.
 
 (c) Any resident or property owner affected by the ordinance may within thirty days after the enactment of the ordinance of the board of supervisors, upon entering in the court sufficient surety to indemnify the board of supervisors for all costs incurred in the proceedings, file exceptions to the ordinance together with a petition for a review. Upon receipt of the exception and surety, the court of common pleas shall appoint viewers from the county board of viewers for the purpose of reviewing the ordinance and exceptions thereto.
 
 (d) After the expiration of the term allowed for filing exceptions or upon the order of the court upon disposition of any exceptions, the court of common pleas, on application by petition by the board of supervisors 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.
 
1933, May 1, P.L. 103, No. 69,  2305, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67306. 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.
 
1933, May 1, P.L. 103, No. 69,  2306, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67307. Certain roads declared public roads
 
 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 though there is no public record of the laying out or dedication for public use of the road.
 
1933, May 1, P.L. 103, No. 69,  2307, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67308. 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.
 
 (b) The board of supervisors may temporarily close any township road when it determines that conditions have rendered that road unfit or unsafe for travel and immediate repair or maintenance, because of the time of year or other conditions, is impracticable. The road or portion of road closed shall be properly marked at its extremities, and a means of passage for the customary users of the road shall, when possible, be provided.
 
 (c) Anyone using the road or portion thereof after the road has been properly closed and marked, without a permit from the board of supervisors, commits a summary offense. All fines recovered are payable to the general township fund. Persons who have no outlet due to the closing of a road may drive on, over or across the road with the written consent of, and subject to conditions imposed by, the board of supervisors or their agents or contractors without being subject to the penalties imposed by this section.
 
1933, May 1, P.L. 103, No. 69,  2308, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67309. 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.
 
1933, May 1, P.L. 103, No. 69,  2309, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67310. 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.
 
 (b) When any public road is closed, the board of supervisors shall designate a detour on which shall be erected and maintained while the detour is in use legible direction signs at each public road intersection through the length of the detour. When the detour is in use, the board of supervisors shall maintain the detour in safe and passable condition, except for State and county highways. The board of supervisors shall immediately remove all detour signs when the road that was originally closed is open for traffic. Except for State and county highways, the board of supervisors may acquire, by agreement or right of eminent domain, right-of-way privileges over private property for the period when the road is closed to traffic. In the exercise of the rights conferred by this section, the board of supervisors may pay for the necessary maintenance, subsequent repair and land rental.
 
 (c) Any person who removes, defaces, destroys or disregards any barricade, light, danger sign, detour sign or warning of any other character whatsoever erected or placed under authority of this section or who drives on, over or across any road which has been property closed commits a summary offense.
 
 (d) In addition to the penalties imposed by this section, the board of supervisors may in an action at law recover damages from any person or persons who have damaged a road by driving on the road when it is closed to vehicular traffic under this act.
 
 (e) All fines and moneys collected under this section shall be paid to the township treasurer.
 
1933, May 1, P.L. 103, No. 69,  2310, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67311. 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.
 
 (b) A copy of the agreement setting forth the facts regarding the relocation or vacation, accompanied by a map or draft of the road agreed to be relocated or vacated, 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 road or the old location is vacated.
 
1933, May 1, P.L. 103, No. 69,  2311, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67312. 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.
 
 (b) The proceedings for the condemnation of the property or land and for the assessment of damages for property or land taken, injured or destroyed shall be taken under Article XXXIV.[fn1]
 
[fn1] 53 P. S.  68401 et seq.
 
1933, May 1, P.L. 103, No. 69,  2312, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67313. 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.
 
 (b) The agreement shall be adopted by ordinance, and, within thirty days, the road shall be a public road of the township.
 
 (c) The owner of any land through which any public road may be located or relocated may apply by petition to the court of
common pleas, setting forth the injury which has been sustained by reason of the relocation of the public road, and the proceedings relative to the assessment and payment of damages of the landowner shall be under this act for eminent domain.
 
1933, May 1, P.L. 103, No. 69,  2313, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67314. 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.
 
 (b) The cost of the improvement may be collected from the owners of the real estate abutting on the street or highway, or part thereof, by an equal assessment on the foot-front basis.
 
 (c) The assessments for improvement shall be filed with the township treasurer under section 3302(a).[fn1]
 
 (d) The term "owner," as used in this section, means all individuals and public or private corporations, copartnerships and associations having title in the assessed property. If the owner is a nonresident of the township and the place of residence is unknown or if the ownership of the property cannot be ascertained, the notice shall be posted on the premises and a copy shall be left with the occupant, if any.
 
[fn1] 53 P. S.  68302(a).
 
1933, May 1, P.L. 103, No. 69,  2314, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67315. 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.
 
 (b) The cost of improvements may be collected from the owners of the real estate abutting on the street or highway, or part thereof, by an equal assessment on the foot-front basis; but in no instance shall any abutting property owner be liable for the cost of improvements in an amount greater than fifteen percent of the assessed valuation of the abutting property: Provided, further, with respect to any property used exclusively for forestry purposes, for agricultural purposes, or for both as of the time of the assessment, That the assessment shall be based upon the actual foot frontage of such property or one hundred and fifty feet, whichever is less. Any expense above the maximum liability of abutting property owners shall be paid by the township.
 
 (c) All assessments for improvements shall be filed with the township treasurer under section 3302(a).[fn1]
 
 (d) If abutting property owners fail to pay the expenses of the improvements for which they are liable, the board of supervisors may recover the amount by action of assumpsit or may file municipal liens therefor against the abutting properties under law for the filing and collection of municipal liens. 
 
 
[fn1] 53 P. S.  68302(a).
 
1933, May 1, P.L. 103, No. 69,  2315, added 1995, Nov.
9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67316. 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.
 
 (b) When plans of dedicated roads, streets or alleys located in townships have been approved and recorded under this article, the board of supervisors may by resolution accept any roads, streets or alleys as public roads if shown in the plans as dedicated to that use and if the roads or streets are not less than thirty-three feet in width and the alleys are not less than fifteen feet in width.
 
 (c) Upon the filing with the clerk of court of common pleas of the county a certified and attested copy of the resolution, the roads, streets or alleys become a part of the public road system of the township and shall be so recorded in the court.
 
1933, May 1, P.L. 103, No. 69,  2316, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67317. 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.
 
 (b) If the board of supervisors refuses to approve any plans submitted to it under this section, any person aggrieved by the action of the board of supervisors may within thirty days appeal to the court of common pleas. The court shall hear the matter de novo and, after hearing, may enter a decree affirming, reversing or modifying the action of the board of supervisors.
 
 (c) The action of the board of supervisors, or of the court on appeal, in approving any plans shall be recorded by the person applying for the approval in the office of the recorder of deeds of the county.
 
 (d) No person shall present to the recorder of deeds any plan which has not been approved by the board of supervisors.
Approval shall be so indicated on the plan presented for recording.
 
 (e) If any road or any drainage facilities are opened, constructed or dedicated for public use or travel, except in compliance with plans approved and recorded, neither the board of supervisors nor any public authorities shall be required to place, construct or operate any sewer, drain, water pipe or other facilities or do any work of any kind in or upon that road; and neither the board of supervisors nor any other public authorities have any responsibility of any kind with respect to the road or drainage facilities even if they are in use by the public. Nothing in this act shall prevent the laying of trunk sewers, drains or water or gas mains if required by engineering necessity for the accommodation of other territory.
 
 (f) Any person who constructs, opens or dedicates any road or any drainage facilities in connection therewith for public use or travel in any township without having first complied with this section and any resolutions of the board of supervisors commits a misdemeanor of the third degree and is subject to a suit for all costs and damages incurred by the township or property owners in the course of Correcting all substantive violations of State or municipal law or regulations resulting from or arising out of the unlawfully recorded plan. All fines and moneys so recovered shall be paid to the township treasurer.
 
 (g) No approval of plans by the board of supervisors shall obligate or require the township to construct, reconstruct, maintain, repair or grade the roads.
 
1933, May 1, P.L. 103, No. 69,  2317, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67318. 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.
 
1933, May 1, P.L. 103, No, 69,  2318, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67319. 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.
 
1933, May 1, P.L. 103, No. 69,  2319, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67320. 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.
 
 (b) Any person who damages or diverts any drain or ditch without the authority of the board of supervisors commits a
summary offense and is liable for the cost of restoring the drain or ditch. All fines and moneys so recovered shall be
paid to the township treasurer.
 
1933, May 1, P.L. 103, No. 69,  2320, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67321. 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.
 
 (b) Any crossing of a railroad by a road or any vacation of any road crossing a railroad shall be made only under the
jurisdiction of the Pennsylvania Public Utility Commission. Compensation for damages to the owners of adjacent property
taken, injured or destroyed shall be determined under 66 Pa.C.S. (relating to public utilities).
 
1933, May 1, P.L. 103, No. 69,  2321, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67322. 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 be 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.
 
1933, May 1, P.L. 103, No. 69,  2322, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67323. 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.
 
1933, May 1, P.L. 103, No. 69,  2323, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67324. 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.
 
 (b) 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 is obtained, agreeing to an extension of time for the removal
of the snow fence.
 
 (c) If the board of supervisors 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 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 act for eminent domain proceedings. Damages, if any, when ascertained
shall be paid by the township from the general township fund.
 
1933, May 1, P.L. 103, No. 69,  2324, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67325. Saving trees and shrubbery
 
 (a) The board of supervisors or its agents shall not remove any shrub or tree growing within the right-of-way of any
township road or street except those shrubs and trees the board of supervisors finds to constitute a hazardous or
dangerous condition to the use of the highway or those which impair the use or maintenance of the public road or street.
No tree having a trunk diameter in excess of six inches shall be removed without notice of the proposed removal having
first been given to the abutting property owner. The township supervisors shall determine by resolution the form of notice
to property owners.
 
 (b) All logs, cordwood, branch wood or other forms of wood derived from the destruction or removal of any trees growing
along the highways shall be surrendered to and remain the property of the abutting owners.
 
 (c) The board of supervisors may clear out brush and other refuse along the sides of the road to the legal width
thereof. All clearing and removal of brush and refuse shall be confined to growth that is within the right-of-way and to
the removal of branches that in any way interfere with public travel. No other injury by fire, cutting, abrasion or
otherwise shall be done to the standing timber.
 
 (d) Any person who violates the provisions of this section commits a summary offense. All fines shall be paid into the
general township fund.
 
 (e) Nothing in this section prevents the board of supervisors or roadmasters or other persons in their employ
from removing roadside trees which may be thrown down by wind or lodged in a position as to be a menace to public travel or
which, by reason of any other cause, may become a source of danger to the public.
 
1933, May 1, P.L. 103, No. 69,  2325, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67326. Obstructions and nuisances
 
 Any person who obstructs any public road or commits any
nuisance thereon by felling trees, making fences, turning the
road, diverting water onto or in any other way and who does
not, on notice given by the board of supervisors, immediately
remove the obstruction or nuisance and repair the damages
done to the road commits a summary offense. Nothing in this
section shall debar a prosecution for any nuisance as in case
of misdemeanor at common law.
 
1933, May 1, P.L. 103, No. 69,  2326, added 1995, Nov.
9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67327. Traffic lights and signals
 
 The board of supervisors may provide for the erection,
maintenance and operation of traffic lights and traffic
signals in accordance with 75 Pa.C.S. (relating to vehicles).
 
1933, May 1, P.L. 103, No. 69,  2327, added 1995, Nov.
9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67328. Regulation of parking
 
 (a) The board of supervisors may by ordinance regulate parking, provide parking accommodations to promote the
convenience and protection of the public, post signs regulating parking in areas established or designated for
handicapped or severely disabled veteran parking and impose penalties for the violation of those regulations.
 
 (b) The board of supervisors may provide for the erection, maintenance and regulation of parking meters, and it may by
ordinance establish parking meter charges and impose penalties for the violation of those regulations.
 
1933, May 1, P.L. 103, No. 69,  2328, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67329. Naming of streets
 
 The board of supervisors may provide for and regulate the naming of streets, roads and highways. When the naming of a
street, road or highway will affect signing maintained by the Department of Transportation, the board of supervisors shall
notify the department.
 
1933, May 1, P.L. 103, No. 69,  2329, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67330. Bike paths
 
 The board of supervisors may provide for the construction and maintenance of bike paths for the protection or convenience of the traveling public.
 
1933, May 1, P.L. 103, No. 69,  2330, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67331. County bridges
 
 When the cost of construction or maintenance of a bridge located within the township is paid in whole or in part by the county, the board of supervisors may make agreements for the maintenance and repair of the bridge.
 
1933, May 1, P.L. 103, No. 69,  2331, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  67332. Boundary roads and bridges
 
 (a) When any road or bridge, other than a State or county road or bridge, is created or located along, on or over boundaries between townships and any other municipal corporation, the creation, location, construction, maintenance and repair of the road or bridge shall be the joint responsibility of the township and the municipal corporation with which the common boundary is shared.
 
 (b) The board of supervisors may make agreements with any adjacent municipal corporation to provide for the apportionment of the cost of construction, repair and
maintenance of boundary roads or bridges.
 
 (c) If an amicable agreement on the proportionate share of costs of construction, repair and maintenance of boundary roads or bridges cannot be executed, the board of supervisors or the governing body of the other municipal corporation
involved may petition the court of common pleas of the county or counties for a determination of the rights and responsibilities of the respective municipal corporations involved.
 
1933, May 1, P.L. 103, No. 69,  2332, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  68301. Assessments collected by tax collector
 
 (a) When any assessment for street lights, fire hydrant service, police protection or other service is implemented by
the board of supervisors and charged to the tax collector for collection, assessments for the service shall be filed with
the township tax collector. The tax collector shall give thirty days' notice that the assessments are due and payable.
The notice shall state the due date to each party assessed and be served by mailing notice to the owner of the property.
The tax collector is entitled to the same commission for the collection of these assessments as for the collection of the
general township tax. If any assessment remains unpaid ninety days after the due date, it shall be turned over to the
township solicitor for collection by means of an action in assumpsit for recovery or a municipal lien filed against the
property of the delinquent owner for the amount of the unpaid assessment, plus interest established by the board of
supervisors from the date the assessment was due. If an owner has two or more lots against which there is an assessment for
the same year, the lots shall be embraced in one claim. Assessments, when collected, shall be paid over to the
township treasurer, who shall deposit and keep them in a separate account, to be paid out only for expenses incurred
in providing the service. Each special assessment account shall be audited by the board of auditors of the township.
 
 (b) When any assessment for refuse collection in special districts or other service is charged against the owners,
occupants or tenants of property within the township, the collection of which is charged to the tax collector, the
assessments for the service shall be filed with the tax collector. The tax collector shall give thirty days' notice
that the assessments are due and payable. The notice shall state the due date to each party assessed and be served by
mailing to the owner, occupant or tenant of the property. The tax collector is entitled to the same commission for the
collection of these assessments as for the collection of the general township tax. If any assessment remains unpaid ninety
days after the due date, it shall be turned over to the township solicitor for collection by action in assumpsit for
the amount of the unpaid assessment, plus interest established by the board of supervisors from the date the
assessment was due and all costs incurred in the collection of the assessment. Assessments, when collected, shall be paid
over to the township treasurer, who shall deposit and keep them in a separate account, to be paid out only for expenses
incurred in providing the service. Each special assessment account shall be audited by the board of auditors of the
township.
 
1933, May 1, P.L. 103, No. 69,  3301, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
 
 
53 P. S.  68302. Assessments collected by township treasurer
 
 (a) When any assessment for construction, maintenance and repair of street, sewer, water, sidewalks, curbs or other
service is implemented by the board of supervisors, the collection of which is not charged to the tax collector, the
assessments for the service shall be filed with the township treasurer. The township treasurer shall give thirty days'
notice that the assessments are due and payable. The notice shall state the due date to each party assessed and shall be
served by mailing it to the owner of the property. If any assessment remains unpaid ninety days after the due date, it
shall be turned over to the township solicitor for collection by means of an action in assumpsit for recovery or a
municipal lien filed against the property of the delinquent owner for the amount of the unpaid assessment, plus interest
established by the board of supervisors from the date the assessment was due. If an owner has two or more lots against
which there is an assessment for the same year, the lots shall be embraced in one claim. Upon receipt of payment of
assessments, the township treasurer shall deposit the assessments in a separate account, to be paid out only for
expenses incurred in providing the service. Each special assessment account shall be audited by the board of auditors
of the township.
 
 (b) When any assessment for refuse collection or other service is charged against the owners, occupants or tenants
of property within the township, the collection of which is not charged to the tax collector, the assessments shall be
filed with the township treasurer. The township treasurer shall give thirty days' notice that the assessments are due
and payable. The notice shall state the due date to each party assessed and be served by mailing it to the owner,
occupant or tenant of the property. If any assessment remains unpaid ninety days after the due date, it shall be turned
over to the township solicitor for collection by action in assumpsit for the amount of the unpaid assessment, plus
interest established by the board of supervisors from the date the assessment was due and all costs incurred in the
collection of the assessment. Upon receipt of the assessments, the township treasurer shall deposit and keep
them in a separate account, to be paid out only for expenses incurred in providing the service. Each special assessment
account shall be audited by the board of auditors of the township.
 
1933, May 1, P.L. 103, No. 69,  3302, added 1995, Nov. 9, P.L. 350, No. 60,  1, effective in 180 days.
 
53 P. S.  68303. Installment payments
 
 (a) When any township authorizes the construction or acquisition of any sanitary sewer or system of sanitary
sewers, or the improvement of any street or portion thereof, or the installation of curbing or sidewalks, or a water
supply or water systems, and all or part of the cost is assessed against the properties benefited, improved or
accommodated by the sewer or system of sewers, or curbing or sidewalks, or water supply, or abutting upon the street or
portion thereof, the board of supervisors may authorize the payment of the assessment in equal annual or more frequent
installments. The ordinance shall specify the length of time over which the installments may be extended and whether
payments are to be made by annual or more frequent installments. Installments shall bear interest at a rate not
to exceed six percent or a higher amount equal to the amount of interest on the indebtedness, if any, commencing at the
time established by ordinance. If bonds have been issued and sold to provide for the payment of any street improvement,
the assessments shall not be payable beyond the term for which the bonds are issued, and the expenses for the
improvements and interest thereon to the first day when interest is payable on the bonds shall be taken as the cost
of the improvement to be assessed on the property benefited.
 
 (b) Claims to secure the assessments shall be entered in the prothonotary's office of the county at the same time and
in the same form and shall be collected in the same manner as municipal claims are filed and collected.
 
 (c) Assessments are payable to the township treasurer in quarterly, semi-annual or annual installments, with interest
from the date from which interest is computed on the amount of the assessments.
 
 (d) If there is a default in the payment of any installment and interest for a period of sixty days after it becomes due,
the entire assessment and accrued interest shall become due, and the township solicitor shall proceed to collect the
assessment under the general laws relating to the collection of municipal claims.
 
 (e) Any owner of property against whom any assessment is made may pay the assessment in full, at any time, with
interest and costs thereon to the due date of the next installment, and that payment shall discharge the lien.
 
1933, May 1, P.L. 103, No. 69,  3303, added 1995, Nov. 9, P.L. 350, No. 60,  1 effective in 180 days.
 
 
 
53 P. S.  68401. Scope of article
 
 When the right of eminent domain or the ascertainment and assessment of damages and benefits in viewer proceedings is
exercised by a township, the proceeding shall be as set forth in this article. In addition to any of the provisions of this
act, all eminent domain proceedings shall conform to the act of June 22, 1964 (Sp.Sess., P.L. 84, No. 6), known as the
"Eminent Domain Code."[fn1]
 
[fn1] 26 P. S.  1-101 et seq.
 
1933, May 1, P.L. 103, No. 69,  3401, added 1995, Nov. 9, P.L. 350, No. 60,  1 effective in 180 days.
 
 
 
53 P. S.  68402. Restrictions as to certain property
 
 (a) In addition to the restrictions made by other provisions of this act in particular cases, no township
shall, except as provided in subsection (b), exercise the right of eminent domain against land now occupied by any
building which was used during the Colonial or Revolutionary period as a place of Assembly by the Council of the Colony of
Pennsylvania, the Supreme Executive Council of the Commonwealth of Pennsylvania or the Congress of the United
States; or against the land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary
period or any building used as headquarters by the Commander-in-Chief of the Continental Army; or against the
site of any building, fort, redoubt, blockhouse or headquarters, which are preserved for their historic
associations and not for private profit. The Colonial and Revolutionary period is taken as ended on September 3, 1783.
 
 (b) The restriction on eminent domain provided in subsection (a) shall not apply:
 
 (1) if a township in a county of the second class A obtains a statement from the Pennsylvania Historical and Museum
Commission or the historical society of the county where the land is situate certifying that the building or other
structure, the existence of which would otherwise restrict the township from exercising the right of eminent domain, is
not being maintained in a manner appropriate to an historical structure; and
 
 (2) if the purpose of the acquisition of the land and structures by a township in a county of the second class A is
to ensure the preservation and maintenance of the historical site and structure sought to be protected by subsection (a).
 
1933, May 1, P.L. 103, No. 69,  3402, added 1995, Nov. 9, P.L. 350, No. 60,  1 imd. effective.
 
 
 
53 P. S.  68403. Value of land or property not to be assessed as benefits; exception
 
 In the appropriation of land or property for public use, other than for roads, it is not lawful to assess any portion
of the damage done to or value of the land or property so appropriated against the other property adjoining or in the
vicinity of the land or property so appropriated.
 
1933, May 1, P.L. 103, No. 69,  3403, added 1995, Nov. 9, P.L. 350, No. 60,  1 effective in 180 days.
 
53 P. S.  68404. Title acquired
 
 When land or property is taken under eminent domain proceedings, other than for road purposes, or is acquired by
gift, purchase or otherwise, the title obtained by the township is in fee simple. In particular instances, a different title may by agreement be acquired.
 
1933, May 1, P.L. 103, No. 69,  3404, added 1995, Nov. 9, P.L. 350, No. 60,  1 effective in 180 days.
 
 
53 P. S.  68405. Assessment of damages and benefits
 
 The damages may be paid in whole or in part by the township or may be assessed in whole or in part upon the property
benefited. In the latter case, the viewers, having first determined the damages apart from the benefits, shall assess
the total cost of the improvement, or so much thereof as may be just and reasonable, upon the properties peculiarly
benefited, including in the assessment all parties for which damages have been allowed, and shall report the findings to
the court. The total assessment for benefits shall not exceed the total damages awarded or agreed upon.
 
1933, May 1, P.L. 103, No. 69,  3405, added 1995, Nov. 9, P.L. 350, No. 60,  1 effective in 180 days.
 
53 P. S.  68406. Assessment awards
 
 In proceedings to assess damages and benefits, if the land or property is both benefited and damaged by the
improvements, the excess of damages over benefits, or the excess of benefits over damages, or nothing if the benefits
and damages are equal, shall be awarded to or assessed against the owner of land or property affected thereby.
 
1933, May 1, P.L. 103, No. 69,  3406, added 1995, Nov. 9, P.L. 350, No. 60,  1 effective in 180 days.
 
 
 
53 P. S.  68407. Assessments to bear interest
 
 All assessments for benefits and costs shall bear interest at six percent annually from the expiration of thirty days
after they have been finally ascertained and shall be payable to the township treasurer.
 
1933, May 1, P.L. 103, No. 69,  3407, added 1995, Nov. 9, P.L. 350, No. 60,  1 effective in 180 days.
 
 
 
 
53 P. S.  54201. Application of general road law
 
 When any local or special law in any of the townships of this commonwealth, which provided for the laying out, opening and keeping in repair the several roads in the same, or which provided for the levying, assessment and collection of road
taxes, has been or shall hereafter be repealed, then and in every such case the general road law shall apply to, govern and control the said township, the same as though they had never been acting under or affected by any such local or special law.
 

1881, June 10, P.L. 105, 1.

 

53 P. S.  54202. Use of license taxes on township roads
 
 The commissioners of any county, having funds derived from bicycle license tax, may expend such funds upon the construction, maintenance, or repair of any township road in the county.
 
1915, June 1, P.L. 708, No. 325,  1.

 

 

53 P. S.  54203. Certiorari; appeals
 
 Whenever the road commissioners of any township are by law invested with the authority and power to lay out, open, or vacate public or private roads in their respective townships, or, in case of appeal, road commissioners from other townships than that in which the road lies, and no appeal to any court is otherwise provided for, it shall be lawful for, and the duty of, the court of common pleas of the respective counties to issue writ, in the nature of a writ of certiorari, directed to the commissioners of the township in which the road lies, and to the town clerk having in charge the record of such road, commanding that a certified copy of the record and all the proceedings had in the matter of laying out or vacating any road shall be forthwith sent to the said court, under the hand and seal of the said town clerk; and the said court may examine the same as to the regularity of the proceedings had, and the jurisdiction of the road commissioners, either of the township in which the road lies, or from other townships, in case an appeal has been had; and if such proceedings are contrary to law, or if the return made to the town by the road commissioners, either in laying out or vacating a road is not according to law, or if the road commissioners are for any reason without jurisdiction, or for any reason incapacitated to act in the particular case, the said court shall set the said proceedings aside, either in whole or in part, and such proceedings shall then be void and of no effect so far as set aside. An appeal shall lie from the order of the court, either in confirming the proceedings or setting them aside, as in other cases. And in case the regularity of the proceedings be sustained by the court, a jury trial may be held in said court, to determine all questions of fact involved, with the right to either party to enter exceptions and appeal, as in other cases.
 
Amended 1971, June 3, P.L. 123, No. 6,  1 ( 509(a)(41)).

 

53 P. S.  54204. Rules of practice; costs
 
 The court shall provide by appropriate rules the manner of issuing such certiorari, the practice to be followed in disposing of the same, and shall direct who shall pay the costs of the proceedings of the certiorari.
 
1901, July 2, P.L. 607,  2.

 

53 P. S.  54205. Supersedeas; limitation of time for review
 
 The writ of certiorari issued in pursuance of this act shall be a supersedeas, but no such writ shall issue after thirty days after the report of the road commissioners of the township in which the road lies, or the report of the road commissioners of other townships in case of an appeal, has been filed with the town clerk.
 
1901, July 2, P.L. 607,  3.

 

53 P. S.  70058. Supervisors may borrow in anticipation of taxes
 
 Whenever the township highway funds have been exhausted, the board of supervisors may issue a certificate of indebtedness, and borrow on the credit of the township money in anticipation of taxes to be collected, to the end that work may be performed in proper season and in accordance with rules and regulations prescribed.
 
 
36 P. S.  1961. Unopened ways or streets on town plots
 
 Any street, lane or alley, laid out by any person or persons in any village or town plot or plan of lots, on lands owned by such person or persons in case the same has not been opened to, or used by, the public for twenty-one years next after the laying out of the same, shall be and have no force and effect and shall not be opened, without the consent of the owner or owners of the land on which the same has been, or shall be, laid out.
 
1889, May 9, P.L. 173, No. 192,  1.
 
36 P. S.  1981. Authority of courts
 
 The courts aforesaid[fn1] shall, within their respective counties, have authority, upon application to them by petition, to inquire of and to change or vacate the whole or any part of
any private or public road which may have been laid out by authority of law, whenever the same shall become useless, inconvenient or burthensome notwithstanding[fn2] the fact that
the vacation of a part of a public road results in leaving the remaining part or parts of the road with one of its termini at a point other than in a public highway or place of public
resort: Provided, That the other terminus of each of the remaining parts of the road is in a public road and that each remaining part of the road is necessary for public travel or
for the use of a property owner or owners located on such remaining part. The said courts shall proceed therein by views and reviews, in the manner provided for the laying out of
public roads and highways.
 
[fn1] See section 2761 of this title.
 
[fn2] Enrolled bill reads "nothwithstanding."
 
1836, June 13, P.L. 551,  18; 1943, May 21, P.L. 458,  1.
 


36 P. S.  2761. Use by others than petitioners
 
 Whenever any person shall be desirous to make use of a private road laid out on the petition and at the expense of others, such person may apply by petition to the court of
quarter sessions of the respective county, to be admitted to participate in the privilege of the said road, and thereupon such court shall have power to determine what sum he shall
contribute to the persons at whose expense the said road was laid out, and also what further sum he shall pay to the owners of the soil over which the said road was made, and upon the
payment thereof, such person shall be entitled to equal rights and privileges, and be subject to like duties and liabilities with the original applicants for said road.
 
1836, June 13, P.L. 551,  17.
 
 

 

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Disclaimer: This information is presented as a free public service. No warranty or representation is made as to its continuing accuracy or completeness. Often other statutes or court holdings modify or change the statutes enacted by the Pennsylvania Legislature. Legislation is modified regularly and items above may have been modified. For legal matters involving items of importance, always consult an attorney. Rev 4/2006