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Township of Potter, PA
Beaver County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Potter as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 78.
Geophysical and seismic testing — See Ch. 118.
Public and Private Improvements Code — See Ch. 149.
Sewers — See Ch. 159.
Stormwater management — See Ch. 176.
Subdivision and land development — See Ch. 185.
Vehicles and traffic — See Ch. 200.
[Adopted 6-23-1993 by Ord. No. 62]
[Amended 4-14-2004 by Ord. No. 99]
In accordance with the provisions of 53 P.S. § 67322 of the Second Class Township Code, as amended, no driveway or street, sidewalk or drainage facility shall hereafter be constructed upon any Township right-of-way, nor shall any driveway or street 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]
[1]
Editor's Note: Original Section 2 of Ord. No. 62, regarding applications for road occupancy permits, as amended, which immediately followed this section, was deleted 4-14-2004 by Ord. No. 99.
A. 
The application for a driveway or Township road occupancy permit shall be submitted by the use of one of the following forms available from the Township Secretary:
(1) 
Application for Township Road Occupancy Permit.
(2) 
Application for Minimum Use Driveway.
B. 
The applicable fee in the amount established by a current PennDOT schedule shall be submitted with the application. Checks shall be made payable to Potter Township.
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 4-14-2004 by Ord. No. 99]
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 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 11-14-2001 by Ord. No. 88]
A. 
Any person who violates any provision of this article shall be subject to all of the following:
(1) 
Shall be guilty of a summary criminal offense.
(2) 
Shall, upon conviction, pay the criminal penalty specified in Subsection C.
(3) 
Shall, upon conviction, be subject to imprisonment specified in Subsection D.
B. 
Each day that a violation is continued shall constitute a separate offense.
C. 
The criminal penalty for a violation of this article shall be as follows:
(1) 
For a first offense, a sum not less than $100 nor more than $500.
(2) 
For a second or subsequent offense, a sum of not less than $300 nor more than $1,000.
D. 
The penalty of imprisonment for a violation of this article shall be as follows:
(1) 
For a first offense, a period not more than five days.
(2) 
For a second or subsequent offense, a period not more than 10 days.
The general provisions and specifications regulating occupancy of Township highway/road rights-of-way shall be as listed on Exhibit B of this article.[1]
[1]
Editor's Note: Exhibit B is on file in the Township offices.
The Township of Potter reserves the right to update the Schedule of Fees of Exhibit A and the clauses of Exhibit B as may be required.[1]
[1]
Editor's Note: Exhibits A and B are on file in the Township offices.
In approving or denying access to and occupancy of a Township roadway and/or public right-of-way, the Township of Potter will use as criteria the provisions of Pennsylvania Code Chapter 441, latest issue, as issued by the Pennsylvania Department of Transportation.