Township of Tobyhanna, PA
Monroe County
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Table of Contents
Table of Contents
[Adopted 7-7-1975 by Ord. No. 302]
[Amended 6-21-1999 by Ord. No. 411]
In accordance with the provisions of 53 P.S. § 67322 of the Second Class Township Code, 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.
[Amended 6-21-1999 by Ord. No. 411]
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 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 of the aforementioned requirements have been filed.
Upon completion of the work, the applicant shall give written notice thereof to the township.
[Amended 6-21-1999 by Ord. No. 411]
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. 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 township to do so, the township may do the work and impose upon the applicant the cost thereof, together with an additional 20% of such cost.
[Amended 6-21-1999 by Ord. No. 411]
This article 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 article shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by 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. Each section of this article that is violated shall also constitute a separate offense.