Pennsylvania § 5501 - Definitions.

§ 5501. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Improving a street" or "improvement." Work on a street or portion of a street done or proposed to be done in order to open the street if the street has not previously been opened or, if previously opened, to make the street more usable or more suitable for use by the traveling public or safer for use. The term includes, but is not limited to, grading, paving and curbing. The term does not include maintenance or repaving.

"Laying out." The plotting of:

(1) An unopened street or portion of the street on a township plan or official map adopted in accordance with the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, on a subdivision or land development plan or by the enactment of an ordinance adopted in accordance with this chapter.

(2) An unopened street in a case where any of the lines of the street are proposed to be revised or in a case where the street was never previously laid out although the street may have been opened and used.

"Opened streets." The streets within the township used as public passageways.

"Opening a street." The construction and grading of a street or portion of a street and the act of physically taking possession of an area or laid-out street for the purpose of making the street usable to the traveling public.

"Portion." A portion either of the width or length of a street. Opening a portion of a street may mean extending or widening a street, and vacating a portion of a street may mean closing or narrowing a street.

"Street." A street, road, lane, alley, court or public square for or intended for public use. The term includes the cartway, sidewalk, gutter, curb or right-of-way area, whether or not the street, or any portion of the street, that is owned in fee by others than the township. Streets are of two classes, opened and unopened.

"Unopened streets." The streets within the township neither used as a public passageway nor accepted or maintained, but plotted in one of the following:

(1) a township plan or official map adopted in accordance with the Pennsylvania Municipalities Planning Code;

(2) an ordinance laying out the street in accordance with this chapter;

(3) a subdivision or land development plan; or

(4) an individual deed.