[Adopted 6-17-1974 by Ord. No. 36]
In accordance with the provisions of 53 P.S. § 67322, 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 duplicate. 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. 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 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 to do so, the Township may
do the work and impose upon the applicant the cost thereof, together with
an additional 20% of such cost.
Any person, firm, corporation or utility which violates or permits a
violation of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District Justice,
pay a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this article.
No judgment shall be imposed until the date of the determination of the violation
by the District Justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the applicable
Rules of Civil Procedure. Each day a violation exists shall constitute a separate
offense. Further, the appropriate officers or agents of the Township are hereby
authorized to seek equitable relief, including injunction, to enforce compliance
herewith.
