In accordance with the provisions of Section 1156 of Article
XI of the Second Class Township Code, 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 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.
The application for a permit shall be on a form
prescribed by the Township and submitted to the Township in triplicate.
The application shall be accompanied by a fee in accordance with the
schedule of fees set forth by the Department of Transportation for
highway occupancy permits and restoration charges. In addition, 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 lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after
all the aforementioned requirements have been properly filed with
the Township Secretary.
Upon completion of the work, the applicant shall
give written notice thereof to the Township Secretary.
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. Where any settlement or defect in the work occurs within
two years after its completion, if the applicant shall fail to rectify
any such 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.
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
or other public service, but applications for such permit and the
fees shall be submitted as herein prescribed within five days after
completion of the work, and thereafter the remaining provisions of
this article shall apply.
This article shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits the violation of this article shall,
upon conviction in a summary proceeding, be punishable by a fine of
not more than $1,000 or by 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. Each
section of this article that is violated shall also constitute a separate
offense.