THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRI, JUNE 5, 2012

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 5, 2012  

AN ACT

Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as

reenacted and amended, "An act concerning townships of the

second class; and amending, revising, consolidating and

changing the law relating thereto," in roads, streets,

bridges and highways, further providing for permits.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2322 of the act of May 1, 1933 (P.L.103,

No.69), known as The Second Class Township Code, reenacted and

amended November 9, 1995 (P.L.350, No.60), is amended to read:

Section 2322.  Permits.--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 conditions,

restrictions and regulations specified in permits granted by the

township for that purpose. Each application shall be submitted

to the township in duplicate. The township shall collect a fee

[as determined by the Department of Transportation] for

processing the application and [another fee for making the

inspection] all associated costs related to the management of

the permitted activities. Each application shall be accompanied

by [both fees] the fee. When the township grants the permit, the

board of supervisors or its agents shall inspect the work

authorized by the permit upon the completion thereof and, when

necessary, enforce compliance with the conditions, restrictions

and regulations specified by the township. 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, it may enforce compliance

therewith. If the applicant fails to rectify a defect which

presents an immediate or imminent safety or health problem

within forty-eight hours or any other defect within sixty days

after written notice from the board of supervisors to do so, the

board of supervisors or its agents may do the work and impose

upon the applicant the cost thereof, together with an additional

twenty percent of the cost, which may be recovered by an action

in assumpsit in the court of common pleas of the county. All

fees received by the township shall be paid into the township

treasury. Nothing in this section 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 the

permit and the fees shall be submitted within five days after

completion of the work, after which time the remaining

provisions of this section apply. Nothing in this section

authorizes a township to regulate or control the operations of

any permittee except under this section.

Section 2.  This act shall take effect in 60 days.