[Adopted 6-17-1974 by Ord. No. 1-74 (Ch. 21, Part 2, of the
1985 Code of Ordinances)]
[Amended 3-4-2019 by Ord.
No. 7-2019]
A.
In accordance with the provisions of Section 1156 of Article XI of
the Second Class Township Code, as amended,[1] no railroad or street railway shall hereafter be constructed
upon any Township road, nor shall any railroad or street railway crossing,
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 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.
[1]
Editor's Note: Section 53 P.S. § 66156 was repealed
11-9-1995 by P.L. 350, No. 60. See now 53 P.S. § 67322.
B.
After completion of any street reconstruction or paving work within
the Township road, the road shall not be open cut for five years after
reconstruction unless an emergency situation warrants an opening.
C.
When any Township road is open cut, the restoration of the road shall
be completed within one year from the date of the permit and shall
be milled and overlaid to Township standards a minimum of one foot
beyond the trench opening.
D.
Larger projects shall be bonded at 100-foot increments or portion
thereof.
[Amended 11-10-2016 by Ord. No. 5-2016]
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 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 11-10-2016 by Ord. No. 5-2016]
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 2-19-1985 by Ord. No. 1-85; 9-6-1988 by Ord. No. 5-88; 11-10-2016 by Ord. No. 5-2016]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not 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.
