[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.
