[Adopted 11-11-1996 by Ord. No. 96-5]
In accordance with provisions of Section 2322,
Act 60 of 1995, 53 P.S. § 67322, no railroad or street railway
shall be constructed upon any Township road, nor shall any railroad
or street railway crossings, driveway connections, 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 specified by Hilltown Township for that purpose.
The Supervisors are hereby authorized and empowered
to adopt such rules and regulations by resolution concerning construction
of facilities, driveways, and occupancy of Township road rights-of-way.
All such rules and regulations adopted by the Township shall be in
conformity with the provisions herein, and all other applicable laws,
and regulations of the administrative agencies of the Commonwealth
of Pennsylvania.
[Amended 5-24-2004 by Ord. No. 2004-4]
Each application shall be submitted to the Township
in duplicate on forms prescribed by the Township. The application
shall be accompanied by a fee set by the Board of Supervisors by separate
resolution, and the applicant shall establish an escrow account with
the Township to guarantee satisfactory restoration of the Township
roadway and to cover the costs of Township inspections required by
53 P.S. § 67322.
A permit shall be issued to the applicant after
all the aforementioned requirements have been filed and found in conformance
to applicable rules and regulations of the Township.
[Amended 5-24-2004 by Ord. No. 2004-4]
Upon completion of the work authorized by the
permit, the Township shall inspect the work authorized by the permit,
and, when necessary, enforce compliance with the conditions, restrictions
and regulations prescribed by the Township. In addition to such inspection,
the Township Supervisors may reinspect the work not more than two
years after its completion, and if any settlement of the road surface
or other defects shall appear in the work contrary to the conditions,
restrictions and regulations of the Township, it may enforce compliance
therewith. If the applicant shall fail to rectify a 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
Supervisors to do so, the Township Supervisors may do the work and
impose upon the applicant the costs thereof, together with an additional
20% of such costs, which may be recovered by an action in assumpsit
in the Court of Common Pleas of Bucks County.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not 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.
