[HISTORY: Adopted by the Board of Supervisors of the Township of Shirley as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-28-1974 by Ord. No. 1974-1; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In accordance with provisions of Section 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 Shirley 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 duplicate 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 aforementioned requirements have been filed and found in conformance to applicable rules and regulations of the Township.
Upon completion of the work authorized by the permit, the Township shall inspect the work authorized by the permit, and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the Township. In addition to such inspection, the Township Supervisors may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defects shall appear in the work contrary to the conditions, restrictions and regulations of the Township, it may enforce compliance therewith. If the applicant shall fail 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 Supervisors to do so, the Township Supervisors may do the work and impose upon the applicant the costs thereof, together with an additional 20% of such costs, which may be recovered by an action in assumpsit in the Court of Common Pleas of Huntingdon County.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge 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 9-24-1996 by Ord. No. 1996-2]
It shall be unlawful for any person, firm, business, company, utility and/or corporation to encroach upon any Township road, without first obtaining a permit from Shirley Township, and/or its appropriately designated Township officer for the issuance of said permits.
All definitions used in this article shall be those contained 67 Pa. Code § 441.8, copy of which is attached to and made a part of this article.
All applications for a permit to encroach upon a Township road shall be made on forms designated by Shirley Township, shall be accompanied by the payment of both the permit and inspections fees and shall demonstrate compliance with the location, design, construction and maintenance requirements as set forth in 67 Pa. Code § 441.7 through 441.9. Copies of those sections of the Pennsylvania Code are attached hereto and made a part of this article. No permit will be issued by Shirley Township unless all the requirements of both this article and the sections of the Pennsylvania Code are met.
Shirley Township shall charge a fee for the issuance of a road encroachment permit, plus a fee for inspection of the permitted road encroachment. The fees shall be determined from time to time by the Board of Supervisors by resolution.
In addition to any inspections required at the time of the issuance of the aforesaid permit, Shirley Township shall have the right to reinspect the work not more than two years from the date of its completion, and in the event that at the time of that inspection there has been settlement of the road, or any other defect appears, Shirley Township is empowered to enforce compliance with the requirements of this article and related Pennsylvania Code regulations.
In the event Shirley Township discovers any defect during the post-permit reinspection as set forth in § 236-11, it must give the offending applicant 60 days' written notice to correct same, and, in the event the applicant fails to correct the defect within that sixty-day period, then the Township may perform the necessary corrective work and recover the cost of same, plus 20% of the cost thereof from the applicant.
Should any person, firm, business, company, utility and/or corporation encroach upon any Township road, without first obtaining a permit from Shirley Township, and after written notice thereof being given by the Township, he/she/it must forthwith remove the encroachment and repair the damages to the Township road.
Should any person, firm, business, company, utility and/or corporation fail to remove and/or repair any encroachment upon a Township road, after notice thereof being given by the Township as set forth in § 236-13, or, should any person, firm, business, company, utility and/or corporation fail to correct any defect after notice pursuant to § 236-12, then in addition to aforesaid corrective work, upon establishment of liability in a civil proceeding, said violator shall, for each violation, be required to pay to Shirley Township a civil penalty in the amount of $600. For the purpose of this section, each day of said violation, after the requisite notice is given, shall be considered a separate violation under this article.