[Amended 2-7-2007 by Ord. No. 2007-02]
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 in East Cocalico Township, 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.
[Amended 2-7-2007 by Ord. No. 2007-02]
The application for a permit shall be on a form
prescribed by the Township and submitted to the Township in duplicate.
In addition, the applicant shall submit two 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. All work shall be done in accordance with all
specifications established from time to time by the Commonwealth of
Pennsylvania for state roads.
All applications 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 to the prescribed fees, the permittee shall pay all costs
and expenses incident to or growing out of the project, the cost of
making and maintaining the temporary restoration of the disturbed
areas and making permanent restoration, any and all inspection costs
which the Township may deem it necessary to incur, and further shall
reimburse the Township for all engineering and legal costs incurred
by the Township. All the costs and expenses shall be paid by the applicant
promptly upon receipt of a bill therefor.
A permit shall be issued to the applicant after
all the aforementioned forms, sketches, and fees have been filed.
Upon completion of the work, the applicant shall
give written notice thereof to the Township.
[Amended 2-7-2007 by Ord. No. 2007-02]
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. In addition to that inspection, the Board of Supervisors
or its agents may reinspect the work not more than two years after
its completion, and if any settlement of the road surface or other
defect appears in the work contrary to the conditions, restrictions
and regulations of the Township, the Board of Supervisors may enforce
compliance therewith. Where any settlement or defect in the work occurs,
if the applicant shall fail to rectify any such settlement or other
defect which presents an immediate or imminent safety or health problem
within 48 hours or any 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 itemized cost thereof, together with
an additional 20% of such costs for overhead expenses.
[Amended 2-7-2007 by Ord. No. 2007-02]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $100 nor more than $1,000, plus costs of
prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense.