[Adopted 10-7-1957 by Ord. No. 18]
It shall be unlawful for any person, partnership
or corporation to construct or erect any drain, culvert, footwalk,
drive or other means of ingress or egress to property in the Township,
the entrance or exit of which connects with any Township road for
public use or travel in the Township of Whitpain or drainage area
thereof, unless application has first been made to the Township Supervisors
for a permit for such erection or construction and said Township Supervisors
have evidenced their approval of such construction or erection by
granting a permit therefor.
The application for such permit shall be made
by the owner, occupier or by his constructor or agent in writing on
forms provided by the Township Supervisors and in accordance with
such rules and regulations as may be prescribed by the Township Supervisors.
There shall be appended to each application a plan showing the outlines
of the property affected, with existing building thereon, existing
drains, culverts, footwalks and driveways, with the proposed drain,
culvert, driveway or footwalk to be constructed or erected and its
relationship to any Township road for public use or travel in said
Township of Whitpain and, particularly, the construction of said drain,
culvert, footwalk or drive and its relationship to the drainage of
said road.
The cost of filing such application or the cost
of any permit issued thereon and the cost of any inspection deemed
necessary by the Township Supervisors shall be determined according
to the general fee schedule to be adopted by a resolution of the Township
Supervisors, and all such fees and costs shall be paid into the Township
treasury.
The Township Supervisors may alter such plans
and specify any changes or modifications of any kind which they may
deem necessary to make their approval of the granting of any permit
subject to any such alterations, changes or modifications.
[Amended 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No.
184]
Upon the construction or erection of any such
drain, culvert, drive or footwalk which does not comply with any conditions
imposed by the Township Supervisors as aforesaid, or any erection
or construction of any such drain, culvert, drive or footwalk made
without the prior approval of the Township Supervisors and which does
not meet with the approval of the Township Supervisors after construction
or erection, then in either case the Township Supervisors may, with
or without notice, make the necessary correction and recover the cost
of such correction in a summary proceeding to be brought before a
District Justice in said Township. Any person who shall erect or construct
a drain, culvert, drive or footwalk without first having made application
and received a permit therefor as aforesaid shall, upon being adjudged
guilty of violating this article before any District Justice having
jurisdiction within said Township, be sentenced to pay a fine for
the use of said Township of not more than $600 and, in default of
paying said fine and all costs accrued, shall be committed to the
county prison for a period not exceeding 30 days.
The provisions of this article and the necessity
of compliance therewith shall not apply to any case wherein the subject
of this article has been incorporated in a subdivision plan which
has received the approval of the Board of Supervisors.[1]
