[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, 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.
[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.