[HISTORY: Adopted by the Board of Supervisors of the Township of Bridgewater as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-2010 by Ord. No. 2010-10]
In accordance with the provisions of Section 2322 of Article XXIII of the Second Class Township Code, as amended, no railroad or street railway shall be constructed upon any Township road or Township right-of-way, 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 seismic cable or instruments, nor shall any seismic vehicle or vibratory truck be operated on, any Township road, or any other obstructions be erected upon or in any portion of a Township road or Township right-of-way, except under conditions, restrictions and regulations specified in permits granted by the Township for that purpose. Each application shall be submitted to the Township in duplicate. The Township shall collect a fee as determined by the Department of Transportation for processing the application and another fee for making the inspection according to the fee schedule on file in the Township offices. Each application shall be accompanied by both fees. When the Township grants the permit, the Board of Supervisors or its agent(s) shall inspect the work authorized by the permit upon completion thereof and, when necessary, enforce compliance with the conditions, restrictions and regulations specified by the Township.
In addition to that inspection, the Board of Supervisors or its agent(s) 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, 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 Board of Supervisors to do so, the Board of Supervisors or its agent(s) may do the work and impose upon the applicant the cost(s) thereof, together with an addition 20% of the cost, which may be recovered by an action in assumpsit in the Court of Common Pleas of Susquehanna County. All fees received by the Township shall be paid in the Township treasury. Nothing in this section 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 section apply. Nothing in this section authorizes a Township to regulate or control the operations of any permittee except under this section.
The property owner is responsible for the maintenance, including keeping pipes clear of all obstructions and replacement thereof, for driveway culverts installed under these permits.
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.