[HISTORY: Adopted by the Board of Supervisors of Carroll Township as indicated in article histories. Amendments noted where applicable.]
Article I Openings and Excavations
[Adopted 2-6-1974 by Ord. No. 10]
[Amended 12-2-2003 by Ord. No. 51]
In accordance with the provisions of 53 P.S. § 67322, as amended, no gas pipe, water pipe, electric conduits, or other piping shall be laid upon or in, nor shall any telephone, telegraph, electric light or power poles, or any coal tipples or any other obstruction be erected upon or in, any portion of a Township road of the Township of Carroll except under such conditions, restrictions and regulations as may be prescribed in permits granted in accordance with the Second Class Township Code and the terms of this article.
[Amended 8-7-1974 by Ord. No. 10A; 1-7-2013 by Ord. No. 64]
Any person, firm or corporation desiring to erect or construct or locate in, on or under any portion of a Township road in the Township of Carroll, any gas pipes, water pipes, electric conduit or other piping or any telephone, telegraph or electric light or power poles, or any coal tipples or any other obstruction or structure of any kind whatsoever, shall make application for a permit to the Carroll Township Zoning Officer in accordance with the Act of Assembly set forth in § 117-1 hereof. At the time of application, the applicant shall pay to Carroll Township an application fee and an inspection fee as set by resolution of the Carroll Township Board of Supervisors.
[Amended 8-7-1974 by Ord. No. 10A; 12-2-2003 by Ord. No. 51]
Upon the issuing of any permit by the Carroll Township Supervisors, the applicant may construct such structure which is the subject of the application in or under the Township road in accordance with the conditions, restrictions and regulations prescribed by the Carroll Township Supervisors. 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 12-2-2003 by Ord. No. 51]
Except as indicated in Subsection B below, any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney’s fees, incurred by the Township in the enforcement of this article. 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.
If enforcement of this article is regulated under 53 P.S. § 66601(c.1)(2) of the Second Class Township Code, any person who violates or permits a violation of this article, shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to 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, and each section of this article that is violated shall also constitute a separate offense.