[HISTORY: Adopted by the Board of Supervisors of the Township
of Easttown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-18-1956 by Ord. No. 29]
From and after the effective date hereof, no person, firm, partnership,
or corporation or the officers or employees thereof shall erect, construct,
place, discard or maintain any obstruction to the safe or convenient
use of the streets, roads, footwalks, culverts, drains or bridges
in the Township. Nothing in this section, however, shall be construed
to prohibit the construction or placement of temporary barricades
which may be required for the public safety or of forms incident to
and approved as a part of works for which a permit has been issued
as hereinafter provided.
Any person, firm, partnership or corporation desiring to erect,
construct or place any object, including, but not limited to, curbs,
sidewalks, culverts, driveways, drains or ditches, within or over
the right-of-way of any road or street of the Township, or to dig
up the same, shall submit to the Township Engineer, on a form to be
provided by the Township, a description of the work or object proposed
and shall also, if required by him, submit specifications and a drawing
to scale of the same, together with a written request for approval
of said proposal and a fee in an amount established by resolution
of the Board of Supervisors to defray the costs of administering this
article. Nothing in this section shall be construed to require the
submission of a request for approval of any work or placement for
which approval is required and granted by the Commonwealth of Pennsylvania.
The Board of Supervisors may, in its discretion, as a condition
precedent to approval by the Township Engineer, require the applicant
or proposer to give to the Township a sum of money as a deposit and
guaranty, or a performance bond in a form and with corporate surety
approved by the Board, in an amount sufficient to defray the cost
of the proposed work, as determined by the Township Engineer, within
the time permitted.
Upon receipt of the application and the payment of the fee as required by § 395-2, the Township Engineer shall examine the proposal and inspect the site thereof, and, if he shall find that the same, as proposed, will not result in a violation of this article, he shall issue a written permit for the project to proceed. The Township Engineer may, nevertheless, direct the amendment of any plan or proposal so as to make it conform to the requirements of this article; he may also set the dates and time of day when work may commence or be carried on and when it must be completed, and he shall not issue a permit if he believes, after investigation, that the object cannot be installed or the work cannot be accomplished without resulting in a violation of the provisions of this article, or that either the materials or methods proposed will be unsubstantial, unworkmanlike or otherwise unsuited to the requirements of the proposed object, work or project.
A.
No person, firm, partnership or corporation or the officers or employees
thereof, required to request approval of a proposal or project by
the terms of this article, shall commence or perform any work to erect,
construct or place any object within or over the right-of-way of any
street or road of the Township without first having received the permit
of the Township Engineer and having met all the requirements of this
article.
B.
No work required to be approved hereunder shall be performed in other
than the approved manner or with other than the approved materials
or, if so limited, during other than the approved hours without having
first received the written permission for such change from the Township
Engineer.
The Board of Supervisors shall have the power to remove, or
cause to be removed, from the right-of-way of any street or road of
the Township any obstruction to the safe or convenient use of the
streets, roads, footwalks, culverts, drains and bridges and also to
remove, or cause to be removed, therefrom any nonconforming or substandard
work placed or performed after the effective date hereof and to recover
the cost of such removal by summary proceedings.
[Amended 10-7-1996 by Ord. No. 293-96]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
article. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
[Adopted 6-3-1974 by Ord. No. 122]
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 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. All street excavations shall comply with Chapter A490 of this Code.
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 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.
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.
Where any settlement or defect in the work occurs, if the applicant
shall fail to rectify any such settlement or 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.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
article. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
