[Ord. 1988-4, --/--/1988, § 1]
A driveway permit shall be required before construction, reconstruction,
enlargement, alteration, repair, replacement or relocation of any
driveway, private road or other means of access from any Township
road to any lot or parcel of ground.
[Ord. 1988-4, --/--/1988, § 2]
1.
The Building Permit Officer shall issue a driveway permit only after
it has been determined that the proposed construction work to be undertaken
will be in conformance with the requirements of this and all other
applicable laws, codes and ordinances of any regulatory authority.
2.
Prior to the issuance of any building permit the Building Permit
Officer shall review the application for permit to determine that:
[Ord. 1988-4, --/--/1988, § 3]
All proposed driveways shall comply with the driveway standards as set forth in the Township Subdivision Ordinance [Chapter 22] and all other requirements applicable in the Township. In addition, driveways providing access to or from Township Roads must include adequate piping to maintain the flow capacity of the ditchline and insure drainage from the driveway and lot does not enter the public road. Such piping may be as reasonably required by the Township Roadmaster, from time to time, to assure the foregoing.
[Ord. 1988-4, --/--/1988, § 4]
After the issuance of a driveway permit by the Building Permit
Officer, no changes of any kind shall be made to the application,
permit, or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Building Permit Officer.
[Ord. 1988-4, --/--/1988, § 5]
In addition to the building permit the Building Permit Officer
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the building permit, the date of its issuance, a description
of the construction authorized and be signed by the Building Permit
Officer.
[Ord. 1988-4, --/--/1988, § 6]
1.
Work on the proposed construction shall begin within six months and
shall be completed within 12 months after the date of issuance of
the permit or the permit shall expire.
2.
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Building Permit Officer to approve such a request; and upon
a good faith showing of an intention to complete the project. The
total construction period shall not exceed 2 1/2 years, with
extensions, after which the permit shall be revoked.
[Ord. 1988-4, --/--/1988, § 7]
1.
During the construction period, the Building Permit Officer or other
authorized official may inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable Township laws and ordinances.
He may make as many inspections during and upon completion of the
work as are necessary.
2.
In the discharge of his duties, the Building Permit Officer shall
have the authority to enter the premises or development upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this Part.
[Ord. 1988-4, --/--/1988, § 8; as amended by Ord.
8.5.2008, 8/5/2008]
The fee for application of a driveway permit shall be in an
amount as established from time to time by resolution of the Board
of Supervisors.
[Ord. 1988-4, --/--/1988, § 9; as amended by Ord.
8.5.2008, 8/5/2008]
1.
Notices. Whenever the Building Permit Officer or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
Part, or of any regulation adopted pursuant thereto, the Building
Permit Officer shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
A.
Be in
writing;
B.
Include
a statement of the reasons for its issuance;
C.
Allow
a reasonable time not to exceed a period of 30 days for the performance
of any act it requires;
D.
Be served
upon the property owner or his agent as the case may require; provided,
however, that such notice or order shall be deemed to have been properly
served upon such owner or agent when a copy thereof has been served
with such notice by any other method authorized or required by the
laws of this state;
E.
Contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this Part.
2.
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this Part or who fails or refuses to
comply with any notice, order or direction of the Building Permit
Officer or any other authorized employee of the municipality, upon
conviction thereof in an action brought before a magisterial district
judge in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense. In addition to the above penalties all other legal
actions are hereby authorized including an action in equity for the
proper enforcement of this Part. The imposition of a fine or penalty
for any violation of, or noncompliance with, this Part shall not excuse
the violation or noncompliance or permit it to continue and all such
persons shall be required to correct or remedy such violations and
noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated, in non-compliance with this Part, may be declared
by the Township Supervisors to be a public nuisance and abatable as
such.
[Ord. 1988-4, --/--/1988, § 10]
1.
Any person aggrieved by an action or decision of the Building Permit
Officer concerning the administration of the provisions of this Part,
may appeal to the Township Supervisors. Such appeal must be filed,
in writing, within 30 days after the decision or action of the Building
Permit Officer and set forth the reasons for such appeal.
2.
Upon receipt of such appeal the Township Supervisors shall set a
time and place, within not less than 10 nor more than 30 days, for
the purpose of considering the appeal. Notice of the time and place
at which the appeal will be considered shall be given to all parties.
3.
Any person aggrieved by any decision of the Township Supervisors
may seek relief therefrom by appeal to court, as provided by the laws
of this commonwealth.
[Ord. 1988-4, --/--/1988, § 11]
1.
If compliance with any of the requirements of this Part would result
in an exceptional hardship to a prospective builder, developer or
landowner, or entity regulated hereby, the Township Supervisors may,
upon request, grant relief from the strict application of the requirements.
2.
Requests for variances shall be considered by the Township Supervisors
in accordance with the procedures and standards contained in this
Part and the following:
A.
If granted, a variance shall involve only the least modification
necessary to provide relief.
B.
In granting any variance, the Supervisors shall attach whatever reasonable
conditions and safeguards they consider necessary in order to protect
the public health, safety, and welfare, and to achieve the objectives
of this Part.
C.
In reviewing any request for a variance, the Supervisors shall consider,
at a minimum, the following:
(1)
That there is good and sufficient cause.
D.
That failure to grant the variance would result in exceptional hardship
to the applicant.
E.
That the granting of the variance will (1) neither result in threats
to public safety, or extraordinary public expense, nor (2) create
nuisances, cause fraud on, or victimize the public, or conflict with
any other applicable laws ordinances and regulations.
3.
A complete record of all variance requests and related actions shall
be maintained by the Supervisors.
[Ord. 1988-4, --/--/1988, § 12]
Unless specifically defined below, words and phrases used in
this Part shall be interpreted so as to give this Part its most reasonable
application.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a driveway.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets, and other paving, utilities, filling,
grading, excavation, mining, dredging, or drilling operations and
the subdivision of land.
The means of access to any lot.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source. It shall include the "identified floodplain area" as designated in The Township Floodplain Management Ordinance [Chapter 8] or other laws and ordinance applicable in the Township.
The floodplain area specifically identified in this Part as being subject to the one-hundred-year flood as designated by the Township Floodplain Ordinance [Chapter 8] or other laws and ordinances applicable in the Township.
(1) The improvement of one lot or two or more contiguous
lots, tracts, or parcels of land for any purpose involving (a) a group
of two or more buildings, of (b) the division or allocation of land
or space between or among two or more existing or prospective occupants
by means of, or for the purpose of streets, common areas, leaseholds,
condominiums, building groups or other features; (2) a subdivision
of land as the same is defined in or regulated by subdivision ordinances,
laws or regulations applicable in the Township.
The Township of Hepburn, situated in Lycoming County, Pennsylvania.
Any act or action defined as a subdivision under the laws,
ordinances and regulation applicable in the Township.
The Township of Hepburn, situated in Lycoming County, Pennsylvania.
