It shall be unlawful for any person, firm or corporation to
construct a driveway or make an opening into a Township street, road
or highway or to install a ditch or drain in or along the Township
street, road or highway without first securing a permit as hereinafter
provided and in accordance with the standards adopted by the Board
of Supervisors.
Any person, firm or corporation desiring to construct a driveway
or make an opening into or to install a ditch or a drain in or along
a Township street, road or highway shall make application to the Township
Engineer, in writing, for that purpose. Such application shall be
upon blanks furnished by the Township and shall set forth the name
of the applicant, the exact location of the proposed driveway, opening,
ditch or drain, the approximate size, width, depth, grade or relative
measurements thereof and the type of material proposed to be used.
The Township Engineer shall issue such permit if the application conforms
with the standards adopted by the Board of Supervisors.
During such installation, every necessary and reasonable precaution
shall be taken by the applicant and the parties making the same to
keep the drains open and to maintain the street in a safe and passable
condition; and such permit shall be issued on the express condition
that the person to whom the same is issued shall indemnify, save and
hold harmless the Township from any loss or damage of any kind occasioned
by the construction of such driveway or installation of such ditch
or drain.
In the event that any work performed pursuant to such permit
shall, in the opinion of the Township Engineer, be unsatisfactory
and the same shall not be corrected in accordance with his instructions
within the time fixed by him, such time not to be less than three
days, or in the event that the work for which the permit was granted
is not completed within the time fixed by such permit, the Township
may proceed to correct such unsatisfactory work or complete any such
work not completed and charge the cost thereof, plus any penalties
allowable by law, to the applicant. In default of payment of such
charges and penalties within 30 days after written notice thereof,
the same shall be collected by the Township in the same manner provided
by law for the collection of municipal claims.
Any person, firm or corporation who or which violates or permits
a violation of this article, upon being found liable therefor in a
civil enforcement proceeding, shall pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred
by the Township in the enforcement of this article. No judgment shall
be imposed until the date of the determination of the violation by
the District Justice and/or Court. 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.