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.