In accordance with the provisions of Section
1156 of Article XI 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, 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.
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.
A permit shall be issued to the applicant after
all the 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 8-4-1982 by Ord. No. 82-8; 9-19-1996 by Ord. No.
96-3; 6-3-1998 by Ord. No. 98-4; 11-18-1999 by Ord. No. 99-16]
Any person or persons, firm, corporation or
utility violating any of the provisions of this article shall be subject
to a criminal fine not to exceed $1,000 per violation and imprisonment
of such person or persons or the members of such copartnership or
the officer of such corporation responsible for such violation in
the Montgomery County Correctional Facility to the extent allowed
by law for the punishment of summary offenses. Enforcement of any
such violations shall be by action brought before a District Justice
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure.