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, or affecting discharge or passage of drainage water, onto or along
a Township road unless and until the Township has granted a permit for such
grading, construction, installation or erection.
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 and driveways, with the proposed
drain, culvert, footwalk, drive or driveway proposed to be added, and the
relationship of the foregoing to the Township road, particularly with relationship
to the effect on the drainage of said road.
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.
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.
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.
Any person, firm or corporation who or which violates or permits a violation
of this article or of any of the terms and conditions of any permit issued
hereto, including any regulations applicable thereto, shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the Township
before a District Justice, pay a fine of not more than $600, plus all court
costs, including reasonable attorney's fees, incurred by the Township in the
enforcement of this article. No judgment shall be imposed until the date of
the determination of the violation by the District Justice. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall 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.