[Adopted 3-3-1952 by Ord. No. 3-52; amended in its entirety 7-1-1985 (Ch. 21, Part 1, of the 1985 Code)]
No railroad shall hereafter be constructed upon any road, nor shall any railroad crossings, nor any gas pipe, water pipe, electric conduits or other piping be laid upon or in, nor shall any telephone, telegraph or electric light or power poles or any other obstruction be erected upon or in any portion of a street, except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted for such purpose; provided, the conditions, restrictions and regulations prescribed in such permits do not abrogate the power of eminent domain of a public utility corporation provided for in the Business Corporation Law, P.L. 364, Act of May 5, 1933, Section 1322, 15 P.S. § 1322 (1982), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
The application for a permit shall be on a form prescribed by the Borough of Greencastle and submitted to the Borough in triplicate. The application shall be accompanied by two fees: an application fee in accordance with the schedule of fees set forth by the Pennsylvania Department of Transportation for high occupancy permits, and an inspection fee set by the Council of the Borough of Greencastle.
A permit shall be issued to the applicant after all the aforementioned requirements have been filled.
Upon completion of the work authorized by the permit, the permittee shall give written notice thereof to the Borough of Greencastle. The appointed agent of the Borough shall inspect the work and, when necessary, enforce compliance with the conditions and regulations prescribed by the permit. In addition to such inspection, the Borough may reinspect the work not more than two years after its completion, and if any defect shall appear in the work contrary to regulations of the Borough, the Borough may enforce compliance therewith.
If the permittee shall fail to rectify any defect in the work within 60 days after written notification to do so, the Borough may do the work and impose upon the permittee the cost thereof and 20% of such cost to be collected in the manner provided by law.
Where repairs are necessary for public safety or the restoration or continuance of a public service, a permit, as required by this article, shall not be submitted in advance, but application for such permit and the accompanying fees shall be submitted as therein prescribed within five days after completion of such repairs. Sections 169-9 and 169-10 above apply in emergency situations.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not more than $300, and/or to imprisonment for a term not to exceed 90 days. Each day that a violation of this article continues shall constitute a separate offense.