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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PETRI, JUNE 5, 2012 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 5, 2012 |
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| AN ACT |
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1 | Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as |
2 | reenacted and amended, "An act concerning townships of the |
3 | second class; and amending, revising, consolidating and |
4 | changing the law relating thereto," in roads, streets, |
5 | bridges and highways, further providing for permits. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 2322 of the act of May 1, 1933 (P.L.103, |
9 | No.69), known as The Second Class Township Code, reenacted and |
10 | amended November 9, 1995 (P.L.350, No.60), is amended to read: |
11 | Section 2322. Permits.--No railroad or street railway shall |
12 | be constructed upon any township road, nor shall any railroad or |
13 | street railway crossings, driveway connections, gas pipe, water |
14 | pipe, electric conduits or other piping be laid upon or in, nor |
15 | shall any telephone, telegraph or electric light or power poles |
16 | or any coal tipples or any other obstructions be erected upon or |
17 | in, any portion of a township road except under conditions, |
18 | restrictions and regulations specified in permits granted by the |
19 | township for that purpose. Each application shall be submitted |
20 | to the township in duplicate. The township shall collect a fee |
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1 | [as determined by the Department of Transportation] for |
2 | processing the application and [another fee for making the |
3 | inspection] all associated costs related to the management of |
4 | the permitted activities. Each application shall be accompanied |
5 | by [both fees] the fee. When the township grants the permit, the |
6 | board of supervisors or its agents shall inspect the work |
7 | authorized by the permit upon the completion thereof and, when |
8 | necessary, enforce compliance with the conditions, restrictions |
9 | and regulations specified by the township. In addition to that |
10 | inspection, the board of supervisors or its agents may reinspect |
11 | the work not more than two years after its completion, and, if |
12 | any settlement of the road surface or other defect appears in |
13 | the work contrary to the conditions, restrictions and |
14 | regulations of the township, it may enforce compliance |
15 | therewith. If the applicant fails to rectify a defect which |
16 | presents an immediate or imminent safety or health problem |
17 | within forty-eight hours or any other defect within sixty days |
18 | after written notice from the board of supervisors to do so, the |
19 | board of supervisors or its agents may do the work and impose |
20 | upon the applicant the cost thereof, together with an additional |
21 | twenty percent of the cost, which may be recovered by an action |
22 | in assumpsit in the court of common pleas of the county. All |
23 | fees received by the township shall be paid into the township |
24 | treasury. Nothing in this section shall be construed to require |
25 | a permit in advance for emergency repairs necessary for the |
26 | safety of the public or the restoration or continuance of public |
27 | utility service or other public service, but application for the |
28 | permit and the fees shall be submitted within five days after |
29 | completion of the work, after which time the remaining |
30 | provisions of this section apply. Nothing in this section |
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1 | authorizes a township to regulate or control the operations of |
2 | any permittee except under this section. |
3 | Section 2. This act shall take effect in 60 days. |
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