PRINTER'S NO. 1135
No. 988 Session of 1989
INTRODUCED BY HOLL, MAY 31, 1989
REFERRED TO TRANSPORTATION, MAY 31, 1989
AN ACT
1 Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
2 "An act relating to roads, streets, highways and bridges;
3 amending, revising, consolidating and changing the laws
4 administered by the Secretary of Highways and by the
5 Department of Highways relating thereto," requiring private
6 developers performing repair or improvement projects
7 involving highways and bridges to give notice concerning the
8 projects.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of June 1, 1945 (P.L.1242, No.428), known
12 as the State Highway Law, is amended by adding a section to
13 read:
14 Section 403.1. Notice Provisions in Projects Involving
15 Private Developers.--(a) Every private developer who engages in
16 a repair or improvement project involving a highway or bridge
17 shall comply with the notice requirements imposed by this
18 section.
19 (b) Notice concerning the repair or improvement project
20 shall be given by the private developer in accordance with
1 subsection (c) and shall contain the following:
2 (1) The projected starting date of the repair or improvement
3 project.
4 (2) An estimate of the time required to complete the repair
5 or improvement project.
6 (3) A description of the area in which the repair or
7 improvement project will be undertaken.
8 (4) A description of the repair or improvement project and
9 the reasons for the project.
10 (5) A description of any proposed traffic obstruction or
11 detour.
12 (6) Any other information that the secretary deems
13 appropriate.
14 (c) Notice containing the information required by subsection
15 (b) shall be sent in accordance with the following schedule:
16 (1) The private developer shall notify all elected State
17 officers who represent the area in which the repair or
18 improvement project will be undertaken, the area chamber of
19 commerce and all municipalities and school districts in the area
20 affected by the repair or improvement project, within thirty
21 (30) days of the date the private developer receives
22 authorization to proceed with the project.
23 (2) The private developer shall notify the persons, the area
24 chamber of commerce, municipalities and school districts listed
25 in clause (1) at least sixty (60) days prior to the commencement
26 of the repair or improvement project.
27 (3) The private developer shall notify all newspapers of
28 general circulation located in the county in which the repair or
29 improvement project is to be undertaken and all radio and
30 television stations providing broadcast coverage in the county
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1 at least thirty (30) days prior to commencement of the repair or
2 improvement project.
3 (d) The department shall enforce the provisions of this
4 section and may cancel, without liability on the part of the
5 Commonwealth, any permits or authorizations granted to the
6 private developer where the private developer fails to comply
7 with the provisions of this section.
8 (e) This section shall not apply to a contractor performing
9 a repair or improvement project pursuant to a contract between
10 the contractor and the department entered into under the
11 provisions of this act.
12 Section 2. This act shall take effect in 60 days.
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