As used in this article, the following terms shall have the
meanings indicated:
BOARD
The Board of Supervisors of Unity Township, Westmoreland
County, Pennsylvania.
CONTRACTOR
The party, person, firm, partnership or corporation that
installs or contracts to install a driveway, including all agents,
officers or employees of said party, person, firm, partnership or
corporation.
DRIVEWAY
Any area of land designated, designed, laid out for the purpose
or used as a means of ingress and/or egress for either vehicles or
pedestrian traffic from a public Township road to a piece, parcel
of tract of land.
OWNER
The owner of the land upon which the driveway is located.
PERMIT
A permit issued by the Board to signify approval of a driveway
connection.
PERSON
Any individual, partnership, company, association, society,
corporation or other group or entity.
PUBLIC ROAD
Any road, street, alley or public thoroughfare whether actually
maintained by Unity Township as part of its road system, or shown
on a subdivision or land development plan and intended to be offered
or dedicated to Unity Township in the future as part of the Unity
Township road system.
TOWNSHIP
The Township of Unity, Westmoreland County, Pennsylvania.
No person, owner or contractor shall hereafter install, initiate
any work or allow the installation or initiation of any work associated
with the construction or installation of a driveway without first
obtaining a permit from the Township.
Any person, owner or contractor shall, prior to obtaining a
driveway permit, file an application, on a form supplied by the Township,
showing the location of the driveway relative to the premises it is
designed to serve and designating the course, grade, structure, materials
and drainage facilities, if any, involved in the construction of the
driveway. The application shall show the location of all improvements
on the property.
The application for a permit under this section shall be accompanied
by an application processing fee. The amount of the application processing
fee, post-construction inspection fee and security deposit shall be
established, and may be modified, by resolution of the Board of Supervisors
hereafter.
All construction associated with the installation of the driveway
shall be performed in strict conformance with the approved plans and
permit.
Each and every driveway, whether serving the same premises or
not, shall require a separate permit and application.
Any person, partnership, corporation or other entity violating
the provisions of this article, or who fails to comply with any directive
issued by the Township under the authority of same, shall, upon being
found liable therefore in a civil enforcement proceeding commenced
by the Township, pay a judgment of not less than $300 nor more than
$1,000 plus all court costs, and reasonable attorney fees incurred
by the Township in the pursuit thereof. No judgment shall commence
or be imposed, levied or payable until a court of competent jurisdiction
determines that a violation exists. Where a civil judgment for a violation
of this ordinance has not been timely paid, the violator shall be
liable for the penalty imposed, including daily penalties for continuing
violations of not less than $300 nor more than $1,000 for each day
a violation exists, plus court costs and reasonable attorneys' fees
incurred by the Township in any subsequent enforcement proceedings.
The remedies available to the Township in the enforcement of
the provisions of this article are cumulative. Nothing contained in
this section shall be deemed or construe to preclude the Township
from taking such other legal action, at law or in equity, necessary
to prevent or remedy any violation, enforce the terms or requirements
of this article, or collect any amounts due the Township, including,
but not limited to, the filing and execution upon municipal claims
or the initiation of other civil collection proceedings. The requirement
of the applicant to pay court costs and reasonable attorney's fees
incurred by the Township in any subsequent enforcement proceedings
shall also apply to all other legal or equitable proceedings initiated
by the Township.
The terms and provisions of this article are severable. In the
event any term or provision set forth herein is declared void or invalid
by a court of competent jurisdiction, the remaining terms and provisions
shall continue in full force and effect.