In accordance with the provisions of Article
XXIII of the Second Class Township Code, 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 two 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 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 3-24-1997 by Ord. No. 97-05]
Any person, firm, corporation or utility which
violates or permits the violation of any provision of this article
shall be subject to a fine in an amount not to exceed $600, plus all
court costs, including reasonable attorneys' fees, incurred by the
Township. If the penalty imposed for the violation of this article
is not voluntarily paid to the Township, the Township shall initiate
a civil enforcement proceeding before a Magisterial District Judge.
Upon a finding of liability for committing said violation or permitting
said violation, in such civil enforcement proceeding commenced by
the Township, the defendant shall pay the fine, together with additional
daily penalties for continuing violations, plus all court costs, including
attorneys' fees. No judgment shall be imposed until the date of determination
of a violation by a Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable Rules of Civil Procedure.