[HISTORY: Adopted by the Board of Supervisors of the Township of
Washington 2-12-1987 by Ord. No. 1987-2.
Amendments noted where applicable.]
This chapter shall be known as the "Washington Township Driveway Permit
Ordinance."
[Amended 5-12-1988 by Ord. No. 1988-1]
No person, firm or corporation shall grade, construct, install or erect
a drain, culvert, footwalk, drive or driveway, or other means of ingress or
egress, affecting discharge or passage of drainage water onto or along a Township
or state road unless and until the Township has granted a permit for such
grading, construction, installation or erection. This provision applies to
both existing and proposed Township and state roads.
[Amended 5-12-1988 by Ord. No. 1988-1]
Application for such permit shall be made by the owner or occupier or
by his contractor or agent, in writing, on forms provided by the Township
and in accordance with such rules and regulations as may be established by
the Township. There shall be appended to each application a drawing or plan
showing the outlines of the property affected with existing improvements thereon;
existing drains, culverts, footwalks, drives or driveways; with the drain,
culvert, footwalk, drive or driveway proposed to be added; and the relationship
of the foregoing to the Township road and state road, particularly with relationship
to the effect on the drainage of said road.
[Amended 9-14-1995 by Ord. No. 1995-9]
The costs of filing such application and permit to be issued thereon
and the cost of any inspection deemed necessary by the Supervisors shall be
determined according to a schedule of fees which will be adopted by the Supervisors
by resolution, and all such fees and costs shall be paid into the Township
treasury.[1] The Board of Supervisors shall also establish from time to time
by resolution an amount required to be deposited in escrow with the Township
for both a permanent driveway permit, pending final approval of the driveway
by the Township Roadmaster, and a temporary driveway permit, pending the satisfactory
removal of the temporary driveway as approved by the Township Roadmaster.
The Supervisors may alter plans filed with the application and specify
any changes or modifications of any kind which they may deem necessary and
make their approval of the granting of any permits subject to any such alterations,
changes or modifications. Said plans shall also be required to be in compliance
with such specifications and standards as may be hereafter adopted by resolution
or ordinance by the Board of Supervisors of Washington Township.
All grading, construction, installation and erection shall be in strict
compliance with the plans and specifications on the basis of which the permit
is granted.
[Amended 9-14-1995 by Ord. No. 1995-9]
A permanent driveway permit granted by the Board of Supervisors or its
designee shall be valid for a one-year period and a temporary driveway permit
for a period of 90 days. All requests for renewal and/or extension of time
for the construction or installation of the driveway may be granted at the
discretion of the Board of Supervisors; provided, however, that any renewal
or extension for a permanent driveway permit shall not exceed an additional
one-year period and for a temporary driveway permit, 90 days.
[Amended 6-9-1988 by Ord. No. 1988-3; 4-11-1991
by Ord. No. 1991-3; 7-11-1996 by Ord.
No. 1996-4]
Any person, firm or corporation who or which shall violate or fail to
comply with any of the provisions of this chapter shall be subject to a civil
fine not exceeding $600, plus any court costs and reasonable attorney fees
incurred by the Township as a result of the violation. The Township Manager,
or any other Township representative authorized by the Board of Supervisors,
shall determine in each instance whether a violation of this chapter has occurred
and, if so, the amount of the civil fine to be imposed upon the violator.
Notice of the civil fine shall be served upon the violator by certified mail,
return receipt requested, or by personal delivery by a Township representative.
Should the violator not pay the civil fine within 20 days of the date of service,
the Township Manager or other duly designated Township representative shall
file a civil enforcement proceeding with the District Justice having jurisdiction
to recover the civil fine, court costs and reasonable attorney fees incurred
by the Township as a result of the violation. No judgment shall be imposed
until the date of the determination of a violation by the District Justice.
If the violator neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day that a violation continues shall constitute a separate offense.
