[Amended 3-18-2003 by Ord. No. 356]
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.
[Amended 3-18-2003 by Ord. No. 356]
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.
[Amended 3-18-2003 by Ord. No. 356]
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 fails 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.
[Amended 6-7-1988 by Ord. No. 256; 3-18-2003 by Ord. No.
356; 6-19-2012 by Ord. No. 414]
Any violation of this article shall be enforced
by action brought before a District Justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and/or to imprisonment for a
term not to exceed 10 days. Each day that a violation of this article
continues, or each section of this article which shall be found to
have been violated, shall constitute a separate offense. For purposes
of this section, the doing of any act or thing prohibited by any provision
of this article, or the failure to do any act or thing as to which
any provision of this article creates an affirmative duty, shall constitute
a violation of this article punishable as herein stated.