[HISTORY: Adopted by the Board of Supervisors of the Township of
East Goshen 6-4-1974 by Ord. No. 26. Amendments noted where applicable.]
In accordance with the provisions of Section 1156 of Article XI of the Second Class Township Code, as amended,[1] 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, 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.
[1]
Editor's Note: Said section was deleted 11-9-1995 by P.L. 350, No.
60. See now 53 P.S. § 67322.
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 intersection 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.
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 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 Board of Supervisors 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.
Any person who violates or permits the violation of any provision of
this chapter 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.
