[Adopted 10-22-2003 by Ord. No. 109]
In accordance with provisions of § 2322, Act 60 of
1995, 53 P.S. § 67322, no railroad or street railway shall
be constructed upon any Township road, nor shall any railroad or street
railway crossings, driveway connections, 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 specified
by Nockamixon Township for that purpose.
The Supervisors are hereby authorized and empowered to adopt
such rules and regulations by resolution concerning construction of
facilities, driveways, and occupancy of Township road rights-of-way.
All such rules and regulations adopted by the Township shall be in
conformity with the provisions herein, and all other applicable laws,
and regulations of the administrative agencies of the Commonwealth
of Pennsylvania.
Each application shall be submitted to the Township in triplicate
on forms prescribed by the Township. The application shall be accompanied
by a fee set by the Board of Supervisors by separate resolution, and
the applicant shall establish an escrow account with the Township
to guarantee satisfactory restoration of the Township roadway and
to cover the costs of Township inspections required by 53 P.S. § 67322.
A permit shall be issued to the applicant after all the requirements
of this article have been met, filed and found in conformance to all
additional applicable rules and regulations of the Township.
Any person, firm, corporation, association, partnership or utility
who violates or permits the violation of any portion of this article,
any regulation adopted hereunder or any permit issued pursuant to
this article shall, upon being found liable therefore in civil enforcement
proceeding commenced by the Township, pay a fine of $1,000 plus all
court costs, including reasonable attorneys fees incurred by the Township.
No judgment shall be imposed until the date of the determination of
a violation by the District Judge. If the defendant neither pays nor
timely appeals the judgment, the municipality may enforce the judgment
pursuant to the applicable Rules of Civil Procedure.
Nothing in this article or any regulation enacted hereunder
shall be construed to require a permit in advance for emergency repairs
necessary for the safety of the public or the restoration or continuance
of public utility or other public service, provided that application
for such permit and applicable fees shall be submitted as herein prescribed
within five days after completion of the work, and thereafter, the
remaining provisions of this article shall apply. Additionally, all
work completed must be installed/restored in accordance with the above
referenced rules and regulations.