[Amended 2-22-2000 by Ord. No. 2000-1]
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 2-22-2000 by Ord. No. 2000-1]
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 2-22-2000 by Ord. No. 2000-1]
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. 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 2-22-2000 by Ord. No. 2000-1]
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 2-3-2003 by Ord. No. 2003-1]
In interpretation and enforcement of this article,
the following definitions shall apply:
OCCUPANT
A.
A person who is in physical possession of a
property; or
B.
A person who has responsibility for, and control
over, the condition of a property, the activities conducted on that
property, and the persons allowed to enter that property.
OWNER
A.
In the case of land, any person who is recorded
on the tax records as the owner of the land; or
B.
In the case of property other than land, any
person who is in lawful possession thereof.
PERSON
Includes any individual, corporation, society, association,
partnership or firm, and the successor or the heir, executor, administrators,
or other legal representatives of a person.
SIDEWALK
That part of a highway especially adapted to the use of or
ordinarily used by pedestrians and includes that part of the highway
between the curbline (or the edge of the roadway where there is no
curbline) and the adjacent property line, whether or not paved or
improved.