[Adopted 7-30-1974 by Ord. No. 74-5]
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 on
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.
As a guaranty of restoration of Township roads
to the same condition as prior to work being done, the Township may
also require either cash or certified check payable to the Township
in the amount of $500 to assure road replacement or restoration.
A permit shall be issued to the applicant after
all the aforementioned requirements have been fulfilled.
Upon completion of the work, the applicant shall
give written notice thereof to the Township.
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,
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.
[Amended 12-1-1977 by Ord. No. 77-9; 7-28-1988 by Ord. No. 88-13; 1-25-2001 by Ord. No. 2001-1]
Any person, firm or corporation who violates
or permits a violation of this article shall be guilty of a summary
violation and, upon conviction, shall be sentenced to pay a fine of
not more than $1,000, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this article.
Each day a violation exists shall constitute a separate offense. In
default of the payment of any fine, the defendant shall be sentenced
to imprisonment to the extent allowed by law for the punishment of
summary offenses. Further, the appropriate officers or agents of the
Township are hereby authorized to file a citation for such summary
violation and seek any other available relief at law or equity, including
injunction, to enforce compliance with this article.
