[Adopted 7-8-1974 by Ord.
No. 43-74]
In accordance with the provisions of 53 P.S. § 67322, as amended,
no railroad or street railway shall hereafter be constructed upon any Township
road, not 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 filed.
All work performed hereunder shall be subject to the supervision and
approval of the Township and shall comply with the general rules and regulations
prescribed by the Board of Supervisors. Said rules and regulations shall be
established by the administrative ruling of the Board and may be changed from
time to time by the Supervisors when deemed necessary. Until such rulings
are prepared, the general occupancy provisions of PennDot relative to Township
rights-of-way shall be in effect. In addition, the following regulations shall
apply to any obstruction or opening within a Township right-of-way.
A.
Before work commences and upon completion of the work,
the applicant shall give notice thereof to the Township.
B.
All work shall be performed diligently and continuously
until completed.
C.
In no case shall the right of way or any part thereof
be closed without written consent from the Township.
D.
Whenever a tunnel is to be made under a paved surface,
approval for this work must be indicated on the permit. Backfilling of the
excavation shall be done in the presence of a Township official and in accordance
with a method approved by the Township.
E.
Curbing, gutters, sidewalks and paving shall be permanently
restored to a condition at least equal to that existing before the opening
or excavation was made.
F.
Temporary restoration materials shall be thoroughly compacted
and shall be installed flush with the surface of the adjoining paving or grade.
The Township shall inspect the work authorized by the permit upon the
completion thereof, and when necessary, enforce compliance with the conditions,
restrictions and regulations prescribed by the Township. In addition to such
inspection, the Township may reinspect the work not more than two years after
its completion, and if settlement of the road surface or other defect shall
appear in the work contrary to the conditions, restrictions and regulations
of the Township, it may enforce compliance therewith. 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
impose upon the applicant the cost thereof, together with an additional 20%
of such cost, which may be recovered by an action in assumpsit in the Court
of Common Pleas of the County.
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 District Justice, pay a fine
for each such violation in an amount not less than $100 and not more than
$600, plus all court costs, including reasonable attorney's fees, incurred
by the Township. No judgment shall be imposed until the date of the determination
of a violation by the District Justice. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure.
