[Ord. 26, 6/18/1974, § 1; as amended by A.O.]
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, 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.
[Ord. 26, 6/18/1974, § 2; as amended by A.O.]
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 processing the application
and another fee for making the inspection. Each application shall
be accompanied by both fees. In addition, the applicant shall submit
two 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.
[Ord. 26, 6/18/1974, § 3]
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed.
[Ord. 26, 6/18/1974, § 4]
Upon completion of the work, the applicant shall give written
notice thereof to the Township.
[Ord. 26, 6/18/1974, § 5; as amended by A.O.]
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
shall fail to rectify any such settlement or other defect within 60
days after written notice from the Township to do so, the Township
may do the work and shall impose upon the applicant the cost thereof,
together with an additional 20% of such cost. Defects which present
imminent safety or health problems shall be rectified in 48 hours.
[Ord. 26, 6/18/1974, § 6; as amended by Ord. 97-4-15, 4/15/1997, § 1; and by Ord. 2004-07, 12/7/2004, § 1]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000, plus costs,
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
[Ord. 26, 6/18/1974, § 7; as amended by A.O.]
By resolution, the Board of Supervisors intends to adopt a set
of general provisions and specifications which shall regulate the
occupancy of Township highways. The general provisions and specifications
are adopted pursuant this article and under the power granted to the
Supervisors in 53 P.S. § 67322, as amended.
[Added by A.O.]
Nothing in this article shall be construed to require a permit
in advance for emergency repairs necessary for the safety of the public
or the restoration or continuance of public utility service or other
public service, but application for the permit and the fees shall
be submitted within five days after completion of the work, after
which time the remaining provisions of this article apply.
