[Adopted 9-17-1974 by Ord. No. 74-7 (Ch. 21, Part 2, of the 1991 Code of Ordinances)]
[Amended 3-13-2000 by Ord. No. 2000-2]
In accordance with the provisions of Section 2322 of Article XXIII of the Second Class Township Code,[1] as amended, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings, driveway connections, 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 coal tipples or any other obstructions be erected upon or in, any portion of a Township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purpose.
[1]
Editor's Note: See 53 P.S. § 67322.
[Amended 3-13-2000 by Ord. No. 2000-2]
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in triplicate. The application shall be accompanied by a fee in accordance with the Schedule of Fees set forth by the Department of Transportation, for Highway Occupancy Permits and Restoration Charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street. Driveway installation must comply with driveway design standards as specified Chapter 260, Subdivision and Land Development.
A permit shall be issued to the applicant after all aforementioned requirements have been filed.
Upon completion of the work, the applicant shall give written notice thereof to the Township.
Upon completion of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other defect, within 60 days after written notice from the Township to do so, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5]
Any person, firm or corporation found to be in violation of the terms of this article or any of the terms and conditions of any permit issued hereto, including any regulations applicable thereto, shall pay a fine of not more than $600. Any police officer or other person specifically authorized by the Board of Supervisors of Fairview Township shall determine in each instance whether a violation has occurred under this article. Upon determination that a violation has occurred, the officer or other person designated by the Board of Supervisors shall impose a fine upon the violator and shall give the violator written notice by United States mail or in person of the violation and the imposition of the fine. If the violator fails to pay the fine within the time specified in the notice of violation, the police officer or other authorized person may institute a civil enforcement proceeding on behalf of the Township and any person found to be in violation shall pay the fine as set forth above plus all court costs and reasonable attorney's fees incurred by the Township in the civil enforcement proceeding. Each day during which the violation continues shall constitute a separate offense.