[Adopted 6-23-1993 by Ord. No. 62]
[Amended 4-14-2004 by Ord. No. 99]
In accordance with the provisions of 53 P.S.
§ 67322 of the Second Class Township Code, as amended, no
driveway or street, sidewalk or drainage facility shall hereafter
be constructed upon any Township right-of-way, nor shall any driveway
or street 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.
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 4-14-2004 by Ord. No. 99]
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 11-14-2001 by Ord. No. 88]
A. Any person who violates any provision of this article
shall be subject to all of the following:
(1) Shall be guilty of a summary criminal offense.
(2) Shall, upon conviction, pay the criminal penalty specified in Subsection
C.
(3) Shall, upon conviction, be subject to imprisonment specified in Subsection
D.
B. Each day that a violation is continued shall constitute
a separate offense.
C. The criminal penalty for a violation of this article
shall be as follows:
(1) For a first offense, a sum not less than $100 nor
more than $500.
(2) For a second or subsequent offense, a sum of not less
than $300 nor more than $1,000.
D. The penalty of imprisonment for a violation of this
article shall be as follows:
(1) For a first offense, a period not more than five days.
(2) For a second or subsequent offense, a period not more
than 10 days.
The general provisions and specifications regulating
occupancy of Township highway/road rights-of-way shall be as listed
on Exhibit B of this article.
The Township of Potter reserves the right to
update the Schedule of Fees of Exhibit A and the clauses of Exhibit
B as may be required.
In approving or denying access to and occupancy
of a Township roadway and/or public right-of-way, the Township of
Potter will use as criteria the provisions of Pennsylvania Code Chapter
441, latest issue, as issued by the Pennsylvania Department of Transportation.