[Adopted 7-15-1974 by Ord. No. 74-01]
[Amended 1-17-2006 by Ord. No. 06-01]
In accordance with the provisions of Section
2322 of Article XXIII of the Second Class Township Code,[1] 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.
[1]
Editor's Note: See 53 P.S. § 67322.
[Amended 1-17-2006 by Ord. No. 06-01]
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 two 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 1-17-2006 by Ord. No. 06-01]
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,
if the applicant shall fail to rectify any such settlement or other
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 shall
impose upon the applicant the cost thereof, together with an additional
20% of such cost.
[Amended 1-17-2006 by Ord. No. 06-01]
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.
