Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
[Adopted 7-15-1974 by Ord. No. 74-01]
[Amended 1-17-2006 by Ord. No. 06-01]
In accordance with the provisions of Section 2322 of Article XXIII of the Second Class Township Code,[1] 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.
[1]
Editor's Note: See 53 P.S. § 67322.
[Amended 1-17-2006 by Ord. No. 06-01]
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in duplicate. 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 two 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.
Upon completion of the work, the applicant shall give written notice thereof to the Township.
[Amended 1-17-2006 by Ord. No. 06-01]
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 any such settlement or other 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 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.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).