PRIOR PRINTER'S NO. 182 PRINTER'S NO. 2961
No. 165 Session of 1993
INTRODUCED BY WOZNIAK, PESCI, PETRARCA, TRELLO, BATTISTO,
E. Z. TAYLOR, CAWLEY, LYNCH AND GEIST, FEBRUARY 3, 1993
AS REPORTED FROM COMMITTEE ON TOURISM AND RECREATIONAL
DEVELOPMENT, HOUSE OF REPRESENTATIVES, AS AMENDED,
DECEMBER 14, 1993
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," providing for the
6 designation AND PRESERVATION of heritage routes. <--
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of June 1, 1945 (P.L.1242, No.428), known
10 as the State Highway Law, is amended by adding an article to
11 read:
12 ARTICLE IV-A.
13 HERITAGE ROUTES
14 Section 401-A. Legislative Findings and Intent.--(a) The
15 General Assembly finds that certain portions of State highways
16 and the rural State highway system are so uniquely endowed by
17 natural aesthetic, ecological, environmental and cultural
18 amenities immediately adjacent to the roadside that their use by
1 a large percentage of the motoring public, particularly during
2 the recreational season, is for the experience of traveling the
3 highway rather than as a route to a destination. The improvement
4 philosophy for these highways is to maintain the essential
5 elements of the highways and the areas immediately surrounding
6 the highways that create their unique character.
7 (b) It is the intent of the General Assembly, in providing
8 for the designation of certain portions of State highways and
9 the rural State highway system as heritage routes, to establish
10 the Commonwealth's responsibility for the protection and
11 enhancement of the Commonwealth's scenic, recreational and
12 historic resources along its highways by identifying those
13 portions of State highways and the rural State highway system
14 which, together with their adjacent corridors, require special
15 conservation treatment. It is further the intent of the General
16 Assembly in designating these heritage routes to assign
17 responsibility for the development of the routes and for the
18 establishment and application of specific planning and design
19 criteria and procedures appropriate to these routes. The General
20 Assembly further intends to provide criteria for the location
21 and length of routes and adjacent areas requiring continuing and
22 careful coordination of planning, design, construction,
23 maintenance, land use and development, by State and local
24 agencies, as appropriate, to encourage adjacent land use
25 consistent with the intent of the designation.
26 Section 402-A. Definitions.--When used in this article, the
27 following words and phrases shall have the following meanings:
28 "Commission" shall mean the State Transportation Commission.
29 "Heritage route" shall mean a State highway or a portion of a
30 State highway or a portion of the rural State highway system
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1 that is designated in the manner provided in this act as a
2 scenic, recreational or historic route that is representative of
3 this Commonwealth's natural and cultural heritage. A "HERITAGE <--
4 ROUTE" IS NOT A "HISTORIC SITE" FOR THE PURPOSES OF SECTION
5 2002(15) OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS
6 "THE ADMINISTRATIVE CODE OF 1929."
7 "Historic" shall mean buildings, structures, interpreted
8 sites, objects or historic districts that are significant to the
9 history, archaeology, architecture, engineering or culture of
10 this Commonwealth.
11 "Recreational" shall mean facilities normally associated with
12 leisure-time activities, including, but not limited to, parks,
13 public access sites, wildlife refuges, forest areas, marinas,
14 swimming areas, hiking trails and sightseeing areas.
15 "Scenic" shall mean an area of outstanding natural beauty
16 whose features include, but are not limited to, significant
17 natural features such as vegetation, land form, water and open
18 areas with exceptional vistas and views, that singly or in
19 combination make that area unique and distinct in character.
20 Section 403-A. Establishment of Criteria.--(a) Not more
21 than sixty (60) days SIX (6) MONTHS after the effective date of <--
22 this act, the commission shall submit recommendations to the
23 department regarding uniform criteria and procedures for the
24 identification of heritage routes. These criteria shall include,
25 but not be limited to, route selection, maintenance,
26 resurfacing, restoration and rehabilitation of existing roads
27 and the design of new roads. Routes shall not be designated as
28 heritage routes until the department notifies the General
29 Assembly of the approved criteria and procedures.
30 (b) In establishing heritage routes, the department shall
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1 take into consideration the concept of the complete highway,
2 which is a highway incorporating not only safety, utility and
3 economy but also beauty. The department shall also take into
4 consideration that in a complete highway, pleasing appearance is
5 a consideration in the planning and design process. Designation
6 of a heritage route shall MAY also require that municipalities <--
7 take such action as may be necessary to protect the integrity of
8 the designated route as stipulated in the criteria. THE <--
9 DEPARTMENT IS AUTHORIZED TO WITHHOLD A MUNICIPALITY'S LIQUID
10 FUELS TAX AUTHORIZATIONS UNDER SECTION 4 OF THE ACT OF JUNE 1,
11 1956 (1955 P.L.1944, NO.655), REFERRED TO AS THE LIQUID FUELS
12 TAX MUNICIPAL ALLOCATION LAW, IN ORDER TO ENFORCE THE
13 MUNICIPALITY'S RESPONSIBILITIES UNDER THIS SUBSECTION.
14 Section 404-A. Designation of Commonwealth Heritage Route
15 System.--Upon approval of the criteria and procedures by the
16 department and notification of the General Assembly, the
17 department shall identify those State highways or portions of
18 State highways and portions of the rural State highway system
19 that satisfy the criteria and shall publish a proposed system of
20 heritage routes. The department shall solicit public comment for
21 thirty (30) days. Not more than sixty (60) days after the close
22 of the comment period, the department shall designate a system
23 of routes as the Commonwealth heritage route system.
24 Section 405-A. Fitness for Travel.--Planning, design,
25 reconstruction and maintenance of all designated heritage routes
26 shall be governed by criteria to ensure that these routes are
27 reasonably safe and fit for travel, while preserving the unique
28 characteristics that qualify them as heritage routes. Outdoor
29 advertising shall be controlled along heritage routes in
30 accordance with criteria approved by the department.
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1 Section 406-A. Additions, Deletions or Changes.--After
2 thirty-day comment period and an opportunity for a public
3 hearing, the department may make additions, deletions or changes
4 in the Commonwealth heritage route system for one or more of the
5 following reasons:
6 (1) By ordinance or resolution, the governing body of a
7 municipality has requested that a particular named route lying
8 within its jurisdictional boundaries be added to or deleted from
9 the Commonwealth heritage route system.
10 (2) The department has proposed to add or delete any named
11 route or portion of a route from the Commonwealth heritage route
12 system.
13 (3) The department has proposed any action which would
14 result in a change in the scenic, historical or recreational
15 character of any route on the Commonwealth heritage route system
16 that is determined to be substantial by the department.
17 Section 407-A. Reports.--By the thirty-first day of December
18 of each year, the department shall report to the Governor and
19 the General Assembly the following information regarding this
20 act:
21 (1) Routes designated during the previous year.
22 (2) Deletions or other changes made in the Commonwealth
23 heritage route system during the previous year.
24 Section 2. This act shall take effect in 60 days.
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