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§ 515. General road improvement (Adm. Code § 2005)

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 71 P.S. State Government

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 71 P.S. State Government
Part I. The Administrative Codes and Related Provisions
Chapter 2. The Administrative Code of 1929 (Refs & Annos)
Article XX. Powers and Duties of the Department of Transportation (Refs & Annos)
71 P.S. § 515
§ 515. General road improvement (Adm. Code § 2005)
Currentness
The Department of Transportation shall have the power, and its duty shall be:
(a) To make a survey of all the roads of the State, and a general highway plan of the State, and to compile statistics and collect information relative to the mileage, character, and condition of the roads in the townships and counties of the State;
(b) To investigate and determine upon the various methods of road construction best adapted to the various sections of the State, and to establish standards for the construction and maintenance of highways in various sections, taking into consideration the topography of the country and the natural conditions and the character and ability of the townships and counties to build and maintain roads as provided by law;
(c) In all reasonable ways, to advise and give information to county, city, borough, incorporated town, or township officers, having authority over highways and bridges, relative to the design, construction, repairing, alteration, and maintenance of such highways and bridges, and to advise and give information to local governing bodies, in advance, of route additions, deletions and changes in municipalities and townships;
(d) To aid in promoting road improvement throughout the State, and, for that purpose, to prepare and compile useful information relative to road building and maintenance, which may be disseminated by means of printed bulletins;
(e) To cause to be published maps, showing complete surveys of each county which shall be kept on sale in the department at the cost of publication. Said maps may be furnished free to any agency, bureau or department of the Federal Government.
(f) To call such State, county, or township road meetings or conventions, at such times and at such places as the department shall deem wise, and to assist in the formation of county associations of township officers and be represented at their conventions.
(g) To take responsibility for bringing all manhole covers, drains and other surface devices up to the grade level or other appropriate level at the time any State highway is reconstructed, repaired or resurfaced.
(1) The department shall give advance notice of the project to the utility owner and offer the owner the opportunity to undertake the improvements required under this clause. Such advance notice shall be commensurate with the nature and scope of the improvements to be performed by the utility owner within such time as may be determined by the department.
(2) If the owner does not make the improvements within such time as may be determined by the department, the department may perform or cause to be performed the work as required under such terms as may be acceptable to the department. In construing the provisions of this section, time shall be deemed to be of the essence. Costs incurred may be charged to the owner if the owner is not entitled to reimbursement under section 412 or 412.1 of the act of June 1, 1945 (P.L. 1242, No. 428), known as the “State Highway Law.”1
(3) If the owner is a municipality, the department may deduct the costs from any liquid fuel tax payments which shall become due the municipality, but only after notice to the municipality of the amount of the costs and a request for the payment of same.
(4) If the owner is a municipal authority, the department shall have the authority not to issue the municipal authority any highway occupancy permit if the costs incurred by the department for performing the work remain unpaid.
(5)(i) Nothing in this subsection shall be construed to impair, suspend, contract, enlarge, extend or affect in any manner the powers and duties of the Pennsylvania Public Utility Commission as provided in 66 Pa.C.S. §§ 2702 (relating to construction, relocation, suspension and abolition of crossings), 2703 (relating to ejectment in crossing cases) and 2704 (relating to compensation for damages occasioned by construction, relocation or abolition of crossings).
(ii) For purposes of this clause, the term “utility owner” or “owner” shall not include any utility regulated by the Pennsylvania Public Utility Commission.

Credits

1929, April 9, P.L. 177, art. XX, § 2005. Amended 1943, May 27, P.L. 738, § 2; 1970, March 4, P.L. 119, No. 46, § 1; 1970, May 6, P.L. 356, No. 120, § 15; 1990, July 1, P.L. 277, No. 67, § 10, imd. effective.

Footnotes

1
36 P.S. § 670-101 et seq.
71 P.S. § 515, PA ST 71 P.S. § 515
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document