[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy as indicated in article histories. Amendments noted where applicable.]
Article I Highway Occupancy/Encroachment Permits
[Adopted 7-16-1998 by Ord. No. 1998-0716]
As used in this article, the following terms shall have the meanings indicated:
- The Board of Supervisors of Mount Joy Township, Adams County, Pennsylvania.
- Any railroad; street; railway crossing; gas, water or sewer pipes; electric or telephone underground facilities; utility poles and appurtenances; coal tipples; water drainage swales, culverts or other facilities; and any other facility on or under the ground within a township road.
- Any driveway, intersection or other ingress from or egress to a township road.
- Any natural person, firm, corporation, association, partnership or other legal entity.
- The legal right-of-way of any road, drive, street, alley, highway or other passageway intended for vehicular travel which is within the jurisdiction of the township or has been dedicated for acceptance by the township, but excluding any such passageways in the jurisdiction of the Pennsylvania Department of Transportation or other state or federal agency.
- The Township of Mount Joy, Adams County, Pennsylvania.
No person shall cause or allow an encroachment or occupancy of a township road without having first received a permit from the township authorizing such encroachment or occupancy.
Application for permit shall be made by the owner or occupier, or by his contractor or agent, in writing, on a form or forms provided by the township and in accordance with such rules and regulations as may be established by the township from time to time. There shall be appended to the application a drawing or plan showing the outlines of the property affected with existing improvements thereon and the location and structure of all proposed encroachments, occupancies and/or ingress and egress from the property to the road. The township shall have an opportunity, as part of the application process, to inspect the site and to have its engineer inspect the site to determine the suitability of the proposed work.
The costs of filing such application, of the issuance of a permit and of the inspection of site and engineer review fees, if any, shall be paid by the applicant. The costs shall be set forth in a resolution adopted by the Board from time to time, except for the engineer's fees (if any) which shall be in an amount identical to that charged to the township for the engineer's work. The township may alter the proposed plans filed with the application and specify any changes or modifications of any kind which it may deem necessary or appropriate and make the granting of the permit subject to such changes or modifications.
The Board or its duly authorized agent may inspect the work performed pursuant to a permit. If any defect, hazard or noncompliance with the permitted work, as may have been modified or changed by the township, is discovered, the permittee shall be notified to correct the defect, hazard or noncompliance. If such corrections are not completed within a reasonable time (which may be specified in the notice to correct), then the township may make the corrections at the expense of the permittee or owner of the property, plus a 10% additional fee. The township may further place a municipal lien against the property until said amount is paid in full.
This article is deemed to be an ordinance regulating building, property maintenance and public safety and as such is to be enforced by an action before a District Justice for enforcement of summary offenses. Any person who is found guilty of violating this article shall be subject to a fine of not more than $1,000 per violation or, in default of payment thereof, to imprisonment to the maximum extent allowed by law. Each day or a portion thereof in which a violation occurs shall be deemed to be a separate offense.