[Adopted 6-3-1974 by Ord. No. 74-2]
In accordance with the provisions of § 1156
of Article XI of the Second Class Township Code, 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 line, 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 by
permits granted by the Township for such purpose.
The application for a permit shall be upon 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 the aforementioned requirements have been met.
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 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.
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.
[Adopted 12-3-2007 by Ord. No. 2007-6;
amended in its entirety 3-2-2009 by Ord. No. 2009-1]
If the owner of any property neglects at any
time to perform the duties herein described, the Township Board of
Supervisors or its designee may serve written notice upon him/her
requiring him/her to perform the necessary maintenance or repair.
The notice shall specify the time by which said maintenance or repair
shall be commenced and the time by which it shall be completed. The
notice provided for in this section may be served on the property
owner by leaving the same at his place of residence or, if such place
of residence is unknown to the Township, by posting the same on the
abutting property.
If such property owner fails to comply with
the requirements of the notice described in the preceding section
within the time period specified therein, the Township Board of Supervisors
or its designee may make the necessary repairs, perform the necessary
maintenance, or remove any obstruction, and the cost of the same,
together with a penalty to defray administrative expenses in the amount
of 10% of the said cost, shall be paid by the property owner and may
be assessed and collected by the Township as and in the manner of
a municipal lien or by any other appropriate legal action.