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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EVANKOVICH, BENNINGHOFF, BLOOM, DALEY, DENLINGER, EVERETT, GEIST, GINGRICH, GROVE, HESS, KNOWLES, MOUL, PICKETT, PYLE, STERN AND TOOHIL, AUGUST 20, 2012 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, AUGUST 20, 2012 |
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| AN ACT |
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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," in construction, |
6 | improvement, maintenance and repair of State highways, |
7 | further providing for rules for use of, and injury to, |
8 | highways, penalty. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 420(b) of the act of June 1, 1945 |
12 | (P.L.1242, No.428), known as the State Highway Law, is amended |
13 | by adding a paragraph to read: |
14 | Section 420. Rules for Use of, and Injury to, Highways; |
15 | Penalty.--* * * |
16 | (b) The secretary may issue permits for the opening of |
17 | streets and driveways onto State highways and for the opening of |
18 | the surface and occupancy of State highways on terms and |
19 | conditions established in department regulations. Permits may be |
20 | conditioned upon posting of bonds or other security and |
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1 | liability insurance. Any bonds or other security relating to |
2 | highway restoration posted in connection with surface opening |
3 | permits shall be based upon highway restoration costs and shall |
4 | cover a period not in excess of two (2) years from the |
5 | department's acknowledgment of completion of the work. |
6 | * * * |
7 | (3) The secretary shall prescribe a schedule of application, |
8 | review, inspection and miscellaneous fees payable to the |
9 | department in connection with permits under the department |
10 | regulations and publish the schedule in the Pennsylvania |
11 | Bulletin. The secretary may periodically review and revise the |
12 | schedule and publish a revised schedule in the Pennsylvania |
13 | Bulletin. Application fees shall not exceed the approximate |
14 | reasonable cost of reviewing, processing, extending and issuing |
15 | the application and changes thereto, including review of plans |
16 | and preliminary review of the site location. Review fees shall |
17 | not exceed the approximate reasonable cost of reviewing the |
18 | application and related studies and plans and changes thereto |
19 | where the secretary determines the type of permit normally |
20 | requires more than minor review. Additional reasonable fees may |
21 | be charged if the applicant requests expedited review. If an |
22 | applicant has paid an additional fee for expedited review of an |
23 | application and the application neither is approved nor |
24 | disapproved within sixty (60) days of the filing thereof, the |
25 | application shall be deemed to be approved. Inspection fees |
26 | shall not exceed the approximate reasonable cost of spot |
27 | inspection of the permitted work, subsequent inspection after |
28 | the permitted work has been completed or additional inspection |
29 | by the department or a consultant if deemed necessary by the |
30 | department because the permitted work is of sufficient magnitude |
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1 | or importance to warrant additional inspection. Miscellaneous |
2 | fees shall not exceed the reasonable cost of notary services and |
3 | recording fees for permits and related documents. The secretary |
4 | may include guidance on the method and timing of payments in the |
5 | schedule. |
6 | * * * |
7 | Section 2. This act shall take effect in 60 days. |
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