[HISTORY: Adopted by the Board of Supervisors of the Township of
East Bradford as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-10-1974 by Ord. No. 27]
[Amended 12-13-1983 by Ord. No. 67-1983]
In accordance with the provisions of Section 1156 of Article XI of the Second Class Township Code, as amended,[1] no railroad or street railway shall hereafter be constructed upon
any township road; nor shall any railroad or street railway crossing, nor
any gas pipe, water pipe, electric conduits or other piping, be laid upon
or in; nor any drain, culvert, footpath, drive or driveway or other means
of ingress or egress be graded, constructed, installed or erected onto or
in; nor shall any telephone, telegraph or electric light or power poles or
any coal tipples or any other obstruction 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 purposes.
[1]
Editor's Note: See now 53 P.S. § 67322.
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 of 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 12-11-1984 by Ord. No. 76-1984; 10-8-1996
by Ord. No. 3-1996; 7-8-1997 by Ord.
No. 2-1997[1]]
Any person or utility which shall violate or permit the violation of
the provisions of this chapter shall, upon being found liable therefor in
a criminal enforcement proceeding, pay a fine of not more than $1,000 nor
less than $25, together with court and reasonable attorneys fees, and may
be incarcerated for a period not exceeding 90 days. Such fine, costs, attorney
fees and incarceration, after being reduced to a final, unappealed judgment,
shall be enforced by the township pursuant to the applicable rules of criminal
procedure. Each day of violation shall constitute a separate violation.
[1]
Editor's Note: This ordinance further provided that "the term
'reasonable attorneys fees' shall mean all those attorneys fees
incurred by the township in bringing an action to enforce the Code and collect
fines and penalties in connection therewith and shall be at that hourly rate
annually approved by the Board for the Township Solicitor."
[Added 10-8-1996 by Ord. No. 3-1996;
amended 7-8-1997 by Ord. No. 2-1997]
As used in this article, the following terms shall have the meanings
indicated:
Any natural person, corporation, partnership, joint venture, sole
proprietorship, firm, association and any other entity of whatever type.
