[HISTORY: Adopted by the Board of Supervisors of the Township of Nockamixon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 212.
[Adopted 10-22-2003 by Ord. No. 109]
In accordance with provisions of § 2322, Act 60 of 1995, 53 P.S. § 67322, no railroad or street railway shall be constructed upon any Township road, nor shall any railroad or street railway crossings, driveway connections, 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 specified by Nockamixon Township for that purpose.
The Supervisors are hereby authorized and empowered to adopt such rules and regulations by resolution concerning construction of facilities, driveways, and occupancy of Township road rights-of-way. All such rules and regulations adopted by the Township shall be in conformity with the provisions herein, and all other applicable laws, and regulations of the administrative agencies of the Commonwealth of Pennsylvania.
Each application shall be submitted to the Township in triplicate on forms prescribed by the Township. The application shall be accompanied by a fee set by the Board of Supervisors by separate resolution, and the applicant shall establish an escrow account with the Township to guarantee satisfactory restoration of the Township roadway and to cover the costs of Township inspections required by 53 P.S. § 67322.
A permit shall be issued to the applicant after all the requirements of this article have been met, filed and found in conformance to all additional applicable rules and regulations of the Township.
A. 
Upon completion of the work authorized by the permit, the Township shall inspect the work authorized by the permit, and when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the Township. In addition to such inspection, the Township Supervisors may re-inspect the work not more than two years after its completion, and if any settlement of the road surface or other defects shall appear in the work contrary to the conditions, restrictions and regulations of the Township, it may enforce compliance therewith.
B. 
If the applicant shall fail to rectify any such settlement or other defect, within 60 days after written notice from the Township Supervisors to do so, the Township Supervisors may do the work and impose upon the applicant the costs thereof, together with an additional 20% of such costs, which may be recovered by the Township by filing and collecting a municipal claim, by civil action, or by any other manner available by applicable law.
Any person, firm, corporation, association, partnership or utility who violates or permits the violation of any portion of this article, any regulation adopted hereunder or any permit issued pursuant to this article shall, upon being found liable therefore in civil enforcement proceeding commenced by the Township, pay a fine of $1,000 plus all court costs, including reasonable attorneys fees incurred by the Township. No judgment shall be imposed until the date of the determination of a violation by the District Judge. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Nothing in this article or any regulation enacted hereunder shall be construed to require a permit in advance for emergency repairs necessary for the safety of the public or the restoration or continuance of public utility or other public service, provided that application for such permit and applicable fees shall be submitted as herein prescribed within five days after completion of the work, and thereafter, the remaining provisions of this article shall apply. Additionally, all work completed must be installed/restored in accordance with the above referenced rules and regulations.