In accordance with the provisions of § 1156 of Article
XI 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 on 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 7-19-2006 by Ord. No. 2006-01]
The application for a permit shall be on a form
prescribed by the Township and submitted to the Township in duplicate.
Each 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.
[Amended 6-12-1974 by Ord. No. 1974-2; 7-19-2006 by Ord. No. 2006-01]
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,
the applicant shall rectify any such settlement or defect within 60
days after written notice from the Township to do so. If at any time
a settlement or defect shall become a hazard the applicant shall rectify
such settlement or defect within 48 hours after written notice from
the Township to do so. If the applicant fails to comply with the written
notices authorized by this section, the Township may do the work and
shall impose upon the applicant the cost thereof, together with an
additional 20% of such cost.
[Amended 7-19-2006 by Ord. No. 2006-01]
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.