[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,[2] 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.
