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, footwalk,
drive or driveway, proposed to be added, and the 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 application, and
specify any changes or modifications of any kind which they may deem
necessary, and make its 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.
[Amended 10-15-1974 by Ord. No. 74-10; 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5]
Any person, firm or corporation found to be in violation of
the terms of this article or any of the terms and conditions of any
permit issued hereto including any regulations applicable thereto
shall pay a fine of not more than $600. Any police officer or other
person specifically authorized by the Board of Supervisors of Fairview
Township shall determine in each instance whether a violation has
occurred under this article. Upon determination that a violation has
occurred, the officer or other person designated by the Board of Supervisors
shall impose a fine upon the violator and shall give the violator
written notice by United States mail or in person of the violation
and the imposition of the fine. If the violator fails to pay the fine
within the time specified in the notice of the violation, the police
officer or other authorized person may institute a civil enforcement
proceeding on behalf of the Township, and any person found to be in
violation shall pay the fine as set forth above plus all court costs
and reasonable attorney's fees incurred by the Township in the
civil enforcement proceeding. Each day during which the violation
continues shall constitute a separate offense.