[Ord. 7/1/1974, § 1; as amended by Ord. 2016-1,
1/4/2016]
In accordance with the provisions of § 2322 of the
Second Class Township Code, 53 P.S. § 67322, 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.
[Ord. 7/1/1974, § 2; as amended by Ord. 5/3/1990,
§ I; and by Ord. 1996-10, 12/5/1996, § 1]
The application for a permit shall be on a form prescribed by
the Township and submitted to the Township in triplicate. In addition,
the applicant shall three copies of a sketch providing such information
as the location of the intended facility, the improvements intended
to be made, the width of the traveled roadway, right-of-way lines
and distance to the nearest intersecting streets, and such other information
as Board of Supervisors or their authorized representatives including,
but not limited to, the Roadmaster, shall require. The application
shall be accompanied by an application and inspection fee in such
amounts as shall be from time to time set by resolution by the Board
of Supervisors of the Township.
[Ord. 7/1/1974, § 3]
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed.
[Ord. 7/1/1974, § 4]
Upon completion of the work, the applicant shall give written
notice thereof to the Township.
[Ord. 7/1/1974, § 5; as amended by Ord. 1996-10,
12/5/1996, § 2]
Upon completion of the work authorized by the permit, the Township
shall inspect the work, and, if, in the discretion of the appropriate
Township Official, including, but not limited to, the Roadmaster,
the work does not meet Township standards, then the Township shall
enforce compliance with the conditions, restrictions and regulations
prescribed by the permit or Township ordinance, resolution or regulations.
Further, if, within two years after the restoration of the surface
of the street, defects shall appear therein resulting from the work
done pursuant to a permit issued under this Part, the Township shall
notify the applicant of the defect and give the applicant a deadline
by which to remedy said defects, which shall be at a minimum 30 days.
If, upon the expiration of that deadline, the applicant has not made
the repairs required by the Township, or has not made them satisfactorily
to the Township at its discretion, the Township may proceed to remedy
the defect, and the applicant shall reimburse the Township for the
cost of all necessary repairs to the surface, together with an administrative
fee of 10% of such cost.
[Ord. 7/1/1974, § 6; as amended by Ord. 5/3/1990,
§ II; by Ord. 1996-10, 12/5/1996, § 3; and by
Ord. 2016-1, 1/4/2016]
Any person, firm, corporation or utility who shall violate any
provision of this Part, 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 reasonable attorney fees incurred by the Township in
the enforcement proceeding 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 Part continues or each section of this Part
which shall be found to have been violated shall constitute a separate
offense.