[Adopted 5-6-1974 by Ord. No. 74-5-6 (Ch.
85, Art. I, of the 1988 Code)]
In accordance with the provisions of § 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 conduit or other piping be
laid upon or in nor shall any telephone, telegraph or electric light
or power pole or any coal tipple or any other obstruction 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.
The application for a permit shall be on a form
prescribed by the Township and submitted to the Township in triplicate.
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.
A.
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.
B.
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 4-12-1988 by Ord. No. 4-12-88; 11-7-1989 by Ord. No. 12-13-88B; 5-14-1996 by Ord. No.
5-14-96; 2-19-1997 by Ord. No. 2-19-97A[1]]
Any person who violates any provisions of this
article shall commit a criminal offense, and shall, upon being found
guilty by a Magisterial District Judge, after hearing, pay a fine
not to exceed $1,000, together with all court costs as permitted by
law. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day of violation
shall constitute a separate offense, which shall be subject to prosecution
as such. For purposes of this section, the Board of Supervisors of
East Manchester Township hereby appoints the Township Manager, Secretary,
Zoning Officer, Permit Officer or Codes Enforcement Officer as authorized
representatives, any one of whom may commence and pursue enforcement
proceedings pursuant to this section.
