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.
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.
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.
