[Ord. 232, 6/13/1974, § 1; as amended by Ord. 532,
9/10/2008]
In accordance with the provisions of § 2322 of the
Second Class Township Code, 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 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. 232, 6/13/1974, §§ 2, 3]
1.
The application for a permit shall be on a form prescribed by the
Township and submitted to the Township. The application shall be accompanied
by a fee in accordance with the Schedule of Fees set forth by the
Township for highway occupancy permits and restoration charges. 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 liens and a dimension to the nearest intersecting street.
2.
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed.
[Ord. 232, 6/13/1974, § 4]
The applicant is required to place in escrow with the Township
the amounts as required under the regulations to assure compliance
with the permit issued.
[Ord. 232, 6/13/1974, § 5; as amended by Ord. 356,
12/17/1986]
Prior to the backfilling, the applicant is required to give
notice to the Township. The Township shall inspect the work when necessary
to enforce compliance in accordance with specifications to be provided
from time to time by resolution.
[Ord. 232, 6/13/1974, § 6]
Upon completion of the work authorized by the permit, the Township
shall inspect the work when necessary to enforce compliance with the
conditions, restrictions and regulations prescribed by the permit.
Where any settlement or defect in the work occurs, if the applicant
shall fail to rectify such settlements or other defects within the
time prescribed by the Township to do so, the Township may do the
work and shall impose upon the applicant the cost thereof, which shall
be taken from the escrow fund. Upon written request by the applicant
for the release of the escrow fund, and after inspection by the Township
and work is satisfactory, escrow funds shall be returned to the applicant.
[Ord. 158, 8/28/1967, § 8; as amended by Ord. 356,
12/17/1986; and Ord. 532, 9/10/2008]
Any person, firm or corporation who shall violate any provision
of this part, 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 less than $100 nor 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 cutting, breaking
of the surface or excavation of a Township road shall be considered
a complete and separate offense, and any continuing cutting, breaking
or excavation of the surface of a Township road in excess of 20 feet,
and for each 20 feet, shall be considered a distinct and separate
offense. Each day that a violation of this part continues or each
section of this part which shall be found to have been violated shall
constitute a separate offense.
