[HISTORY: Adopted by the Board of Supervisors of the Township of
Franconia as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-10-1974 by Ord.
No. 80]
In accordance with the provisions of Section 1156 of the 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 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: The said Section 1156 was codified as 53 P.S. § 66156,
which was repealed with the reenactment of the Second Class Township Code;
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 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.
A.Â
When the township grants the permit, the Board of Supervisors
or its agents shall inspect the work authorized by the permit upon the completion
thereof and, when necessary, enforce compliance with the conditions, restrictions
and regulations specified by the township.
B.Â
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,
it may enforce compliance therewith.
C.Â
If the applicant fails to rectify a 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 Board of Supervisors or its agents may do the work and impose upon
the applicant the cost thereof, together with an additional 20% of the cost,
which may be recovered by an action in assumpsit in the Court of Common Pleas
of the county.
D.Â
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 service or other
public service, but application for the permit and the fees shall be submitted
within five days after completion of the work, after which time the remaining
provisions of this article apply.
This chapter 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 chapter shall, upon conviction in a summary proceeding,
be punishable by a fine of not more than $1,000 per violation or by imprisonment
for a term not exceeding 90 days. Each section of this chapter that is violated
shall constitute a separate offense.
[Adopted 5-9-1983 by Ord.
No. 111]
It shall be unlawful to affix posters, stickers, placards or signs of
any nature to utility poles, street signs or upon any other structures within
the rights-of-way of public streets or highways within Franconia Township
at any time.
This chapter 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 chapter shall, upon conviction in a summary proceeding,
be punishable by a fine of not more than $1,000 per violation or by imprisonment
for a term not exceeding 90 days. Each section of this chapter that is violated
shall constitute a separate offense.
