[Adopted as Ch. 21, Part 2, of the 1983 Code]
No railroad shall hereafter be constructed upon any road, nor shall
any railroad 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 other obstruction be erected upon or in any portion
of a street, except under such conditions, restrictions and regulations relating
to the installation and maintenance thereof, as may be prescribed in permits
granted for such purpose; provided that the conditions, restrictions and regulations
prescribed in such permits do not abrogate the power of eminent domain of
a public utility corporation provided for in the Business Corporation Law,
P.L. 364, Act of May 5, 1933, Section 1322, 15 P.S. § 1322 (1982)
as amended,[1] and as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania. (NOTE: In addition, a highway occupancy
permit is required for the changing of a building usage or any additional
construction added to property changes in ownership or traffic use within
the PennDOT right-of-way. The highways affected are: Westtown-Thornton Road,
Route 926 South Side, Creek Road, Cheyney Woods Road and U.S. Route 202.)
[1]
Editor's Note: Said Business Corporation Law was reenacted 12-21-1988
by P.L. 1444, No. 177. See now 15 Pa.C.S.A. § 1511.
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 Pennsylvania
Department of Transportation for highway occupancy permits.
A permit shall be issued to the applicant after all the aforementioned
requirements have been filled.
Upon completion of the work authorized by the permit, the permittee
shall give written notice thereof to the township. The appointed agent of
the township shall inspect the work and, when necessary, enforce compliance
with the conditions and regulations prescribed by the permit. In addition
to such inspection, the township may reinspect the work not more than two
years after its completion, and if any defect shall appear in the work contrary
to regulations of the township, the township may enforce compliance therewith.
If the permittee shall fail to rectify any defect in the work within
60 days after written notification to do so, the township may do the work
and impose upon the permittee the cost thereof and 20% of such cost to be
collected in any manner provided by law.
Where repairs are necessary for public safety or the restoration or continuance of a public service, a permit, as required by this article, shall not be submitted in advance, but application for such permit and the accompanying fees shall be submitted as therein prescribed within five days after completion of such repairs. Sections 108-9 and 108-10 above apply in emergency situations.
Any person who violates or permits a violation 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 of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred
by the township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the 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.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
