[HISTORY: Adopted by the Board of Supervisors of the Township of Pennsbury as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-3-1974]
[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.
A. 
Every occupant, owner or person of every house, shop, building, lot, parcel of land, or other property that adjoins or is abutting to or on a sidewalk in the Township of Pennsbury shall be charged with the responsibility to keep such sidewalk in a good state of repair and free from defects and debris. Failure to maintain may result in the Township of Pennsbury undertaking such repair or remedy and charging back to the property owner.
B. 
On any claim presented for bodily injury or property damage on the sidewalk, the adjoining or abutting property owner shall be held liable in tort for such damages to another. Alternatively, should the Township of Pennsbury be called upon to make such payment to a third party, the Township will look to the adjoining/abutting landowner for contribution and indemnity.