[HISTORY: Adopted by the Board of Supervisors of the Township
of Mount Pleasant 4-26-2004 by Ord. No. 128. Amendments noted where
applicable.]
This chapter shall be known as the "Mount Pleasant Township
Driveway Permit Ordinance."
The following words shall be given the definitions herein described
for the purpose of interpreting this chapter:
A cartway or traveled path, improved or unimproved, by means
of which ingress and egress to and from private property is gained
and which intersects with a Township right-of-way.
Any and all rights-of-way now or in the future vested in
the Township of Mount Pleasant, Westmoreland County, Pennsylvania,
by acts of the General Assembly of the Commonwealth of Pennsylvania
or by dedications duly accepted by said Township, and shall include,
but not be limited to, the cartways, berms and drainage ditches existing
thereon.
A.
No person, partnership, corporation or any other type of entity shall
hereinafter construct, build, establish, reconstruct or relocate any
driveway intersecting with any portion of a Township right-of-way
without first being filed by said person, partnership or corporation
or any other type of entity an application for a driveway permit,
on a form supplied by Mount Pleasant Township, for the construction,
building or establishment of the same. Said application shall be made
to the Mount Pleasant Township Secretary or duly authorized representative.
B.
The Mount Pleasant Township Secretary may, before issuance of a driveway
permit, inspect the plans and specifications of the proposed construction
in order in ensure that the same are in conformity with all of the
ordinances or rules and regulations of the Township of Mount Pleasant
regulating and controlling the use and maintenance of Township rights-of-way.
C.
The Mount Pleasant Township Secretary or his duly authorized representative
shall issue a driveway permit when he has determined that the construction
and/or location of the new driveway will not violate any ordinances
or rules or regulations of the Township of Mount Pleasant.
D.
The Mount Pleasant Township Secretary or his duly authorized representative
may deny the issuance of a driveway permit if there are found to exist
violations of ordinances or rules or regulations of the Township of
Mount Pleasant concerning the construction and/or location of such
new driveway.
E.
The Mount Pleasant Township Supervisors may, by resolution from time
to time, establish rules and regulations for the construction, location,
alteration or relocation of driveways within the corporate limits
of the Township of Mount Pleasant.
A.
Any person, partnership, corporation or any type of entity filing
an application for a driveway permit with the Secretary of the Township
of Mount Pleasant or his duly authorized representative shall, at
the time of filing an application, pay to the Township of Mount Pleasant
a fee as set by resolution of the Board of Supervisors.[1]
B.
If the proposed construction and/or location of the driveway shall
be determined to require reconstruction, relocation or other alteration
of drainage ditches, berms or cartways of a Township right-of-way
at or near the intersection of said driveway with a Township right-of-way,
said reconstruction, relocation or other alteration being necessary
to maintain the integrity of the Township right-of-way, the applicant
shall be responsible for the payment of all costs associated with
the reconstruction, relocation or other alteration of a Township right-of-way.
C.
The applicant shall be responsible for the payment of the cost of
any engineering services performed by the Mount Pleasant Township
Engineer or his duly authorized representative associated with the
reconstruction, relocation or other alteration of a Township right-of-way
which is deemed by Mount Pleasant Township to be extraordinary services.
D.
All such costs hereinafter described shall be paid to the Mount Pleasant
Township Secretary.
A.
No new driveway intersecting with the Township right-of-way shall
be constructed, built or established by any person, partnership, corporation
or other entity unless a driveway permit has been issued by the Mount
Pleasant Township Secretary or his duly authorized representative
allowing the construction, building or establishment of the same.
B.
No driveway intersecting with a Township right-of-way shall be constructed,
built or established by any person, partnership, corporation or other
entity which is intended to serve more than one residential or commercial
use.
C.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600 plus all court costs, including reasonable
attorneys’ fees, incurred by the Township in the enforcement
of this chapter. No judgment shall be imposed until the date of the
determination of the violation by the Magisterial District Judge.
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. All monies collected for
such violation shall be paid over to the Township of Mount Pleasant.
The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transferor from such penalties or from the
remedies herein provided. [1]
