A. 
From and after the effective date of this chapter, no person, firm, corporation or other entity shall undertake any of the following work without having first obtained approval of a permit application from Polk Township in accordance with the rules, regulations, procedures, and specifications hereinafter set forth:
(1) 
Construction, reconstruction, modification, repairs, maintenance or improvement, including paving, of any driveway or road intersecting or connecting to a Township road.
(2) 
Construction, reconstruction, modification, repairs, maintenance or improvement, including paving, of any driveway or road intersecting or connecting to a road, publicly or privately owned, designated, laid out and approved pursuant to Chapter 345, Subdivision and Land Development, of the Code of the Township of Polk, as amended, when the intersected road may be offered for dedication to the Township in the future.
(3) 
Temporary driveways created and used for logging, quarrying, site alterations, or other commercial or industrial purposes.
B. 
This chapter shall not apply to:
(1) 
Normal repairs and maintenance performed outside the street right-of-way.
(2) 
Temporary access driveways created and used solely for agricultural purposes.
A permit application shall be submitted in the name of and executed by the owner of the property upon forms to be provided by the Township. All applications shall include said forms and the information specified herein for the appropriate driveway or road opening classification and shall be accompanied by the required application fee and deposit.
A. 
Applications for minimum use driveways. Applications for minimum-use driveways shall include the completed application forms, the required fee and the required deposit. In addition, applications for minimum-use driveways shall include all information necessary to address the requirements of § 181-22.
B. 
Applications for all other driveways. Applications for driveways and roads other than minimum-use driveways shall include the completed application forms, the required fee and the required deposit. In addition, the application shall include detailed construction plans (including a detailed plan with full dimensions, a grading plan with a contour interval of two feet, a center-line profile, a proposed cross-section, a stormwater report and plan and a soil erosion and sediment pollution control plan), a wetlands analysis, and a traffic impact study, as well as all information required to address the requirements of § 181-23. All submissions shall comply with the Engineer, Land Surveyor and Geologist Registration Law (Act 367);[1] applications, plans, reports, and other documents shall be prepared by a registered professional engineer.
[1]
Editor's Note: See 63 P.S. § 148 et seq.
C. 
Subdivisions and land developments.
(1) 
In the case of a driveway for an activity which is subject to Chapter 345, Subdivision and Land Development, copies of the submission required under that ordinance shall accompany the application for a driveway permit.
(2) 
In the preparation of subdivision and land development plans, evidence shall be submitted to demonstrate that the requirements set forth herein can be met for each intersecting road and for the driveway for each lot. A notice shall be placed on the plan stating that each individual lot owner will be responsible for obtaining a driveway permit as required by this chapter. The notice shall make specific reference to the number and name of this chapter.
D. 
Submission of application. The completed permit application, including all required information and documents, together with the applicable fee and deposit, shall be submitted to the Township at least 30 days prior to the start of work. The permit application required by this chapter shall be submitted concurrently with (or prior to) an application for a zoning/building permit or upon submission of a preliminary subdivision and/or land development plan.
E. 
Review of application. The Roadmaster, or his appointed representative, shall review the application and approve, approve with conditions, or reject the application with written comments as to why the permit cannot be issued under this chapter. The Roadmaster may appoint a representative to administer this chapter, and may consult the Township Engineer, the Township Solicitor or other professionals in the review of an application.
F. 
Review period. The Roadmaster shall act on an application submitted hereunder within 30 days after receipt of the complete application; should the Roadmaster not act on a complete application submitted hereunder within 30 days after its receipt, the application shall be deemed approved.
A schedule of application fees and refundable deposits shall be established and may be amended from time to time by resolution of the Township. No application shall be considered filed until the required fee has been paid and the required deposit provided.
The following applicants shall be exempt from any fee or deposit required by this chapter but shall not be exempt from the general requirements otherwise applicable:
The Commonwealth of Pennsylvania.
Political subdivisions of this commonwealth.
Governmental authorities organized under the laws of this commonwealth.
Governmental agencies of the United States of America.
The permit shall expire one year following the date of issuance. If the permittee has not completed all authorized work by the expiration date specified on the permit, a written request may be submitted requesting a time extension. If approved, a supplement may be issued by the Township authorizing work to continue for an additional one-year period.
No certificate of occupancy for any use of land or structure requiring access over the proposed driveway, access or road shall be issued until the work has been completed in compliance with the requirements of the permit and this chapter.
A. 
Inspections. The Roadmaster or designated representative or agent shall inspect each driveway or road being constructed pursuant to a permit to determine whether it is being or has been constructed in accordance with the approved plan. The permittee shall contact the Roadmaster to request an inspection at least seven days prior to completion of the work.
B. 
Approval. Upon satisfactory completion of the work, the Roadmaster shall sign the permit indicating final approval of the work as constructed or reconstructed, at which time the permittee shall be refunded the deposit established in § 181-6 of this chapter.
A. 
Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:
(1) 
Failure to secure a permit prior to undertaking activities subject to this chapter.
(2) 
Placement of false statements on or omitting relevant information from an application for a permit under this chapter.
(3) 
Undertaking any action in a manner which does not comply with a permit issued under this chapter.
B. 
Enforcement notice. If the Roadmaster has reason to believe that a violation of this chapter has occurred, the Roadmaster may informally request compliance. If compliance is not achieved, enforcement proceedings shall be initiated by serving an enforcement notice.
[Amended 1-25-2016 by Ord. No. 2016-04]
(1) 
In the case where a permit has been issued and there is a violation, notice of a violation or a cease-and-desist order shall be served upon the permittee by certified mail, return receipt requested, restricted to delivery to the permittee, or by personal service. Said notice of violation will be served in the same manner upon the contractor performing the work.
(2) 
In the case where no permit has been issued and there is a violation, notice of a violation or a cease-and-desist order shall be served upon the property owner, his agent, or other person responsible for the property, by certified mail, return receipt requested, restricted to delivery to the addressee, or by personal service. If service is unable to be effected by these means, service by publication may be accomplished consistent with the requirements of 53 P.S. § 10616.1, as amended. Notice shall be served in the same manner upon the contractor or person performing the actual work.
C. 
Improper work. In case any person shall construct a driveway or other road occupancy and not comply with the requirements of this chapter or the permit, the Township may order such person to cease and desist, and/or to restore the site or to remove the improper work and replace the same in compliance with this chapter. Notice to cease and desist and/or to restore the site or to remove and replace improper work shall state that corrections shall be completed within 30 days from receipt of the notice. Failure to comply with the notice shall be a violation of this chapter.
D. 
Damage or disturbance. If there is any damage or disturbance to the road or appurtenances caused by the construction, the permittee shall be responsible for the cost of all temporary and permanent repairs necessary for restoration to the previous condition.
E. 
Enforcement. In addition to the foregoing, the Township may enforce any provision of this chapter at law or equity as appropriate.
F. 
Violations and penalties. 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. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The permittee shall fully indemnify and save harmless and defend the Township, its agents and employees, of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, employee, or person engaged or employed in, about, or upon the work, by, at the instance, or with the approval or consent of the permittee; from any failure of the permittee or any such person to comply with the permit or this chapter, and, for a period of two years after completion of the permitted work, from the failure of the roadway in the immediate area of the work performed under the permit where there is no similar failure of the roadway beyond the area adjacent to the area of the permitted work.
A. 
Where, owing to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, the Board of Supervisors may allow reasonable modifications. Proof of unnecessary hardship must be presented to the Board of Supervisors by the applicant. The request for modification shall be reviewed at a public meeting of the Board of Supervisors, which shall make findings of fact consistent with the goals and objectives of this chapter. If a modification is granted, the Board of Supervisors may require the applicant to execute an indemnity agreement suitable to the Township. A written summary of any modification shall be appended to the record plan if a subdivision is being planned.
B. 
A request for a modification pursuant to § 181-13 of this chapter will not be referred to the Polk Township Planning Commission for review pursuant to 53 P.S. § 10512.1(c), unless such request for modification is submitted in conjunction with a complete application or plan which is required to be reviewed by the Polk Township Planning Commission pursuant to the provisions of the Municipalities Planning Code[1] or other Polk Township ordinance.
[Added 7-26-2004 by Ord. No. 2004-03]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.