[HISTORY: Adopted by the Board of Supervisors of West Nantmeal
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-14-1988 by Ord. No. 33]
No railroad or street railway shall hereafter be constructed
upon any Township road; nor shall any railroad or street railway crossing,
nor any gas pipe, water pipe, electrical conduits or other piping,
be laid upon or in, nor any drain, culvert, footpath, drive or driveway
or other means of ingress or egress be graded, constructed, installed
or erected onto or in, nor shall any telephone, telegraph or electric
light or power poles or any coal tipples or any other obstruction,
construction or alteration be erected upon or in, nor shall any other
work be done within the public right-of-way or on the cartway, by
any person whatsoever, of any Township road unless such person has
first secured the required permit from the Township Secretary and
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 permit fee and inspection fee then in effect
in accordance with the Schedule of Fees established by the Supervisors
for highway occupancy permits and restoration charges. In addition,
the applicant shall submit two copies of a sketch showing the dimensions
and location of the intended work, erection or facility, width of
the traveled roadway, width of the right-of-way, right-of-way lines
and dimension to the nearest intersecting street.
No application shall be accepted as complete and no permit shall be issued to the applicant until after the requirements prescribed in § 164-2 hereof have been met, including payment of the required permit fee and inspection fee. All work under any such permit shall be undertaken and completed within a period of 90 days from the issuance of the permit, unless an extension of time is granted by the Township for cause shown, in which event a supplemental permit may be issued for an additional period not to exceed 90 days.
Upon completion of the work, the applicant shall give written
notice thereof to the Township. The permittee shall notify the Township,
prior to expiration of the alloted permit time, of its inability to
complete the work on or before the date specified and request an extension
of time. Such request shall be accompanied by the payment of the prescribed
permit fee. The permittee shall notify the Township prior to the date
specified for completion of the work if it will not be undertaken
and carried forward, returning the permit with such notice. The fee
for inspection of the work will be refunded by the Township, provided
it has been notified of cancellation prior to the permit expiration
date and no work has been performed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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, either in the cartway
or within the right-of-way, or in any area reasonably related in proximity
to or caused by the work, 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 Township to do so, the Township may undertake to do the work
and charge the applicant the cost thereof, together with an additional
20% of such cost. For purposes of this section, written notice shall
be deemed given when it is sent by certified mail, return receipt
requested and posted as first-class United States Mail matter to the
address of the permittee listed in the permit application. The Township
shall recover the cost of the work from the permittee in the event
of nonpayment or inadequate payment, in an action at law or in equity,
by the filing of a lien, if by law permissible, or by such other legal
action as the Township, in its sole discretion, shall determine necessary.
As used in this article, the following terms shall have the
meanings indicated:
Includes both male and female; the plural as well as the
singular; and partnerships, corporations, individuals, joint ventures,
public utilities, railroad or railway companies, and every other legal
entity whatsoever.
[Amended 8-12-1996 by Ord. No. 59; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
Any person who violates or permits the violation of any provision
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 for each such violation in an amount not
more than $600 plus all court costs, including reasonable attorneys
fees, incurred by the Township. No judgment shall be imposed until
the date of the determination of a 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.
