[Adopted 7-1-1974 by Ord. No. 1974-3]
In accordance with the provisions of 53 P.S. § 67322,
as amended, no railroad or street railway shall hereby 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.
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.
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.
Any person, firm, corporation or utility 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.
