Section 5901 - County roads; establishment and maintenance(a) The words defined in section 2801 of this act shall be construed to have like meanings when used in this article.(b) Establishing County Roads. For the purpose of providing public roads, specially constructed, improved and maintained, the county commissioners may originally lay out and open any road, and take possession of and exercise control over any existing municipal road or part thereof, and build and maintain roads as county roads within their respective limits. They may, at any time, straighten, widen, extend and alter any such road or part thereof, and vacate so much thereof as may become unnecessary and useless. Any road so taken over or improved shall thereupon become a county road and be subject to the control and supervision of the county commissioners. It shall be the duty of the county to keep and maintain county roads established under this act and all other county roads in repair, the expense thereof to be paid by the county in the manner hereinafter provided.(b.1) Deleted by 2004, Nov. 30, P.L. 1439, No. 186, § 34, effective Jan. 31, 2005.(c) Acquisition of Rights of Way of Abandoned Railroads. The commissioners of the county may take over any abandoned rights of way or bridge of a railroad company or any part thereof for the purpose of relocating any existing or locating a new county road, and they may purchase such abandoned right of way or bridge or such part thereof, as may be necessary for the relocating or locating of said county road, from the owner thereof, at a fair price. Whenever any such abandoned right of way or bridge of a railroad company or any part thereof is purchased under the provisions of this section, a county road shall be laid out and located thereon and shall thereafter be constructed, improved and maintained in accordance with law. Any such bridge so taken over shall become a county bridge and shall be maintained, rebuilt and repaired accordingly.
(d) Joint Action by Counties. The provisions of this article may also be exercised jointly by adjoining counties as to roads extending along and adjacent to county lines and from one adjoining county into another. The procedure and jurisdiction in each county in such cases shall be the same as to any portion of such road lying within its limits, except that the petition, plans and surveys of such road shall describe and exhibit every portion of such road within the limits of such county and every portion thereof extending along the line of or into an adjoining county. The several portions thereof lying within limits of each county shall be treated in all proceedings as one continuous road.
(e) To Be County Road as Soon as so Decreed. All roads and parts thereof heretofore and hereafter decreed by the court under this or any former acts of Assembly to be a county road shall be subject to the control and supervision of the county commissioners.(f) Maintenance and Repair of County Roads. The commissioners shall have prepared plans and estimates, as often as required, for the repair and maintenance of all roads which the county is required by law to maintain and repair. They may invite proposals for maintaining and repairing such roads or parts thereof in accordance with such plans and estimates and award the contract therefor in like manner as contracts for new improvements, or they may make the necessary repairs themselves. For the purpose of making such repairs, the commissioners may employ or appoint the proper persons and buy the necessary materials and buy or rent the necessary machinery. The county may also lease any of its machinery to any political subdivision within the county, upon such terms and conditions as may be agreed upon.(g) Annual Tax. The commissioners may levy, assess and collect an annual tax, of not more than two mills upon the dollar, upon all real and personal property within said county taxable for county purposes for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in the locating, opening, building, improving, widening, straightening, extending, maintaining, repairing or vacating of roads or parts thereof covered by the provisions of this section, and for the taking and use of such land as may be necessary in constructing and maintaining proper slopes, embankments, fills and culverts. The moneys so raised shall not be expended for any other purposes than those named in this section, except for the maintenance, repair, construction and reconstruction of any county bridge or bridges, whether or not located on a county road or roads. All warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued, in the manner provided by this act, upon estimates which shall be made from time to time by the persons charged with such duty. The amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work.(h) Borrowing Money; Bond Issue and Tax Levy. The county commissioners may borrow money and secure any indebtedness created by them for the purposes authorized under this section.(i) Changing Part of Road Without View. Whenever the board of commissioners deem it advisable to construct or alter any part of any road under their supervision and can agree with the property owners affected by such change as to damages, they may, upon payment of the damages agreed upon, construct or alter such part of such public road as contemplated in such agreement without the formality of a view.(j) Assessment of Benefits. Whenever, in the county, any road or highway shall be originally located, laid out or constructed or relocated, opened, straightened, widened, extended or altered, or any part thereof vacated, the viewers appointed to assess damages for taking, injuring or destroying property, after having determined the amount of damages sustained, shall assess the whole or such part of such damages as may be represented by benefits upon the properties abutting on and benefited by such improvements. The remaining part of such damages, if any, not so assessed against the abutting properties, shall be paid by the county. The total assessments for benefits shall in no case exceed the total damages awarded and agreed upon. The viewers shall in such cases file their report showing the balance struck between the damages awarded and the benefits assessed.
(k) Interest on Benefits Assessed. All assessments for benefits shall bear interest at the expiration of thirty days after they have been finally determined and fixed and shall be payable to the treasurer of the county.(l) Liens for Benefits Assessed. All liens for the assessment of benefits pursuant to the provisions of the two preceding subsections shall be filed, revived and collected in accordance with law. No appeal taken shall prevent the filing of liens by the county for any assessment made by virtue of the viewers' report, but upon the final determination of the issue the court may make such order as to any lien filed that shall appear right and proper.
(m) Sidewalks Along County Roads. Whenever considered necessary for the safety and accommodation of the public, the county commissioners may locate, construct and maintain sidewalks along county roads. The cost of the construction and maintenance of said sidewalks shall be paid by the county.(n) Lights Along County Roads. Whenever considered necessary for the safety and convenience of the traveling public, the county commissioners may supply and equip any county road or parts thereof with lights of such kind as they shall deem necessary. The commissioners may for this purpose contract with any individual or with any municipal or private corporation. The cost of the construction may and the cost of maintenance of the said lights shall be paid by the county.1953, July 28, P.L. 723, art. XXIX, § 2901. Amended 1961, July 25, P.L. 854, § 2; 2004, Nov. 30, P.L. 1439, No. 186, § 34, effective 1/31/2005.