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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 1639                      PRINTER'S NO. 2966

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1401 Session of 1989


        INTRODUCED BY DORR, TIGUE, BARLEY, ITKIN, VROON, BORTNER,
           ROBINSON, COHEN, BELFANTI, J. TAYLOR, JOHNSON, SERAFINI,
           E. Z. TAYLOR, CIVERA, LASHINGER, RAYMOND, MICOZZIE, GEIST,
           J. L. WRIGHT, CLYMER, GANNON, BURD AND TRELLO, MAY 22, 1989

        SENATOR PECORA, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
           JANUARY 23, 1990

                                     AN ACT

     1  Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
     2     "An act concerning townships of the first class; amending,
     3     revising, consolidating, and changing the law relating
     4     thereto," empowering commissioners to maintain certain         <--
     5     alleyways with public funds. AUTHORIZING APPROPRIATIONS FOR    <--
     6     CERTAIN STREETS.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Sections 2012 and 2013 SECTION 1502 of the act of  <--
    10  June 24, 1931 (P.L.1206, No.331), known as The First Class
    11  Township Code, reenacted and amended May 27, 1949 (P.L.1955,
    12  No.569), are amended to read: IS AMENDED BY ADDING A CLAUSE TO    <--
    13  READ:
    14     Section 2012.  Width of Public Roads.--The width of a street   <--
    15  in townships shall not be less than thirty-three feet or more
    16  than one hundred and twenty feet, unless, in any particular
    17  case, the township commissioners shall determine that a street
    18  of lesser width will be sufficient for public use and travel;

     1  but in no case shall any public street be less than twenty-four
     2  feet in width: Provided, That the width of alleyways may be less
     3  than twenty-four feet: Further provided, That the limits of
     4  width shall not be construed to include the width required for
     5  necessary slopes in cuts or fills, when the limits of the street
     6  and the extra width required for such slopes exceed the limits
     7  of width herein specified.
     8     Section 2013.  Opening and Repairing Roads.--(a)  Streets
     9  laid out by lawful authority in townships shall, as soon as may
    10  be practicable, be effectually opened and constantly kept in
    11  repair. All streets shall, at all seasons, be kept reasonably
    12  clear of all impediments to easy and convenient traveling, at
    13  the expense of the township.
    14     (b)  Township commissioners shall have the power and may
    15  expend public funds to open and maintain alleyways without
    16  regard to the limitations in section 2012.
    17     (c)  Whenever proceedings have been heretofore or may
    18  hereafter be begun for the opening and laying out of any street
    19  in any township, such street shall be physically opened upon the
    20  ground for use by the public within the period of five years
    21  next after the completion of such proceedings, and if not so
    22  opened, then such proceedings shall be deemed to be void and of
    23  no effect, and the land proposed to be taken shall revert to the
    24  owners of the land, as in the case of the vacation of a street,
    25  free of any easement or right of the public to use the same.
    26     SECTION 1502.  THE CORPORATE POWER OF A TOWNSHIP OF THE FIRST  <--
    27  CLASS SHALL BE VESTED IN THE BOARD OF TOWNSHIP COMMISSIONERS.
    28  THE BOARD SHALL HAVE POWER--
    29     * * *
    30     XLIX.I.  APPROPRIATIONS FOR CERTAIN STREETS. TO APPROPRIATE
    19890H1401B2966                  - 2 -

     1  MONEY ANNUALLY FOR IMPROVEMENTS TO ANY STREET AS DEFINED IN
     2  SECTION 102, LOCATED WHOLLY OR PARTIALLY WITHIN THE TOWNSHIP,
     3  WHETHER TOWNSHIP OWNED OR NOT, WHICH HAS BEEN ADVERSELY AFFECTED
     4  BY PARKING AVAILABILITY AS DETERMINED BY THE COMMISSIONERS.
     5     * * *
     6     Section 2.  This act shall take effect in 60 days.
















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