[Adopted 6-6-1982 by Ord.
No. 39 as Ch. 7, Sub. B, of the 1982 Code; amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
No railroad or street railway shall hereafter be constructed
upon any Township road, nor shall any railroad or street railway crossings,
driveway connections, 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 conditions, restrictions and regulations relating to
the installation and maintenance thereof as may be prescribed in permits
granted by the Township for such purpose.
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 all fees for permit application and inspection
as determined by the Department of Transportation for processing the
application and making the inspection. 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 satisfied.
Upon completion of the work, the applicant shall give written
notice thereof to the Township.
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 Township may reinspect the work
not more than two years after its completion. Where any settlement
of the road surface or other defect in the work appears, if the applicant
shall fail to rectify and such settlement or other defect which presents
an immediate or imminent safety or health problem within 48 hours,
or any other settlement or defect within 60 days after written notice
from the Township to do so, the Township or its agents may do the
work and shall impose upon the applicant the cost thereof, together
with an additional 20% of the cost, which may be recovered by an action
in assumpsit in the Monroe County Court of Common Pleas.
Nothing in this article 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 service or other
public service, but application for a permit and the required fees
shall be submitted within five days after the work, after which time
the remaining provisions of this article apply.
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and, in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. Each day or portion thereof that
a violation exists or continues shall constitute a separate offense.
Each section of this article that is violated shall also constitute
a separate offense. Further, the appropriate officers or agents of
the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
