[Adopted 9-12-1974 by Ord. No. 87]
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 the
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.
[Amended 4-22-1997 by Ord. No. 144]
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days.[1]
B.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense.[2]
C.
The fine shall be in addition to any and all other remedies available
at law or in equity, wherein, and not by way of limitation, the Township
shall have the right to bring an action in equity to abate and/or
cause a termination of said violation or violating condition, wherein
the party determined to be responsible shall also be subject to the
payment of court costs, attorney's fees and the like. This remedy
is in addition to and not in limitation of any other remedy or sanction
that is available at law or in equity.
D.
Said article or ordinances shall be prosecuted and/or enforced by
the Township Zoning Officer, Ordinance Enforcement Officer, any Township-designated
law enforcement agency, or any other Township official as previously
designated or appointed, including, but not limited to, the Tax Collector.
[Amended 7-29-1997 by Ord. No. 146[3]]
