[Adopted 6-3-1974 by Ord. No. 157 (Ch.
151, Art. II, of the 1990 Code)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In accordance with the provisions of the Second
Class Township Code at 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.
[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.
Unless otherwise prescribed by a fee schedule adopted by resolution
of the Board of Supervisors, the application shall be accompanied
by a fee in accordance with the prevailing Schedule of Fees of the
Pennsylvania Department of Transportation for processing the application
and another fee for making the inspection. Each application shall
be accompanied by both fees. In addition, the applicant shall submit
two copies of a sketch showing such dimensions as the location of
the intended facility and 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.
[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,
if the applicant shall fail to rectify a defect which presents an
immediate or imminent safety or health problem within 48 hours or
any other settlement or other 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Nothing in this article 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 article apply.
[Amended 9-17-1990 by Ord. No. 301; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
