[Adopted 6-19-1974 by Ord. No. 96-74]
In accordance with the provisions of § 1156
of Article XI of the Second Class Township Code, as amended,[1] no railroad or street railway shall hereafter be constructed
upon any Municipality 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 fences, walls or plantings
of foliage or any other obstructions be erected upon or in any portion
of a Municipality road throughout the full extent of its right-of-way
except under such conditions, restrictions and regulations relating
to the installation and maintenance thereof as may be prescribed in
permits granted by the Municipality for such purposes.
[1]
Editor's Note: See 53 P.S. § 67322.
The application for a permit shall be on a form
prescribed by the Municipality and submitted to the Municipality 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 or occupation, 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, and the intended
facility or occupation shall meet all conditions, restrictions and
regulations relating thereto.
Upon completion of the work, the applicant shall
give written notice thereof to the Municipality.
Upon completion of the work authorized by the
permit, the Municipality 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 10 days after written notice from the Municipality
to do so, the Municipality may do the work and shall impose upon the
applicant the cost thereof, together with an additional 20% of such
cost. Where because of settlement there has been a condition created
constituting a hazard to the traveling public, the Municipality may,
at its option, correct such condition without prior notice, and cost
involved herein shall be borne as aforesaid.
Any person, firm, corporation or utility which
shall violate any of the provisions of this article shall be subject,
upon conviction in a summary proceeding before a District Justice,
to pay a fine of not more than $300 and cost of prosecution and, in
default of the payment of such fine and costs, to imprisonment in
the county jail for not more than five days.
All construction of facilities or occupation shall meet the standards as set forth in Chapter 97, Construction Standards, Roads and Streets, and such other regulations as may be adopted by resolution of the Council.
