Town of McCandless, PA Article 905 Driveways

§ 905.01 Permit.

[Ord. 1420, passed 8-27-2012]

No person shall construct, relocate, replace or change in grade the portion of a private driveway within the right-of-way for and onto public roads until he/she has complied with this article and secured a permit from the Town office, which permit shall be signed by the Town Manager or his designee. The Town shall issue a permit to any person complying with this article and, who, in addition, fulfills the following requirements:

(a) Provides and submits to the Town a plan, in writing, complying with the Town of McCandless Standards for Construction (latest edition) showing the location, size, grade and drainage of the driveway; and

(b) Pays a permit fee as may be established by the Town for the issuance of such permit; and

(c) Shows agreement to comply with written instructions and requirements made by the Town in addition to specifications and drawings provided by the applicant.

§ 905.02 Definitions.

[Ord. 100, passed 6-17-1955; Ord. 1420, passed 8-27-2012]

Words and phrases used in this article shall have the following definitions:

PERMIT

That instrument authorized by Council and signed by the Town Manager or his/her designee, evidencing compliance with Sections 905.01 and 905.04. Such permit must show the name of the property owner, the location of the property and the person doing the work.

PERSON

Any individual, partnership, limited liability corporation, limited liability partnership, corporation, association or governmental body. The singular shall include the plural and the masculine shall include the feminine and neuter.

PRIVATE DRIVEWAY

A private lane or roadway, not dedicated to public use, and providing access from private buildings or lands to public roads.

PUBLIC ROAD

Any road, street, alley or highway opened in whole or in part and dedicated for public use by recording, order of court or by other legal act under the laws of this Commonwealth. It includes that unopened portion created of the road width as recorded or otherwise created which does not lie within the traveled cartway of the road.

§ 905.03 Special requirements.

[Ord. 1420, passed 8-27-2012]

The Town Manager is hereby authorized to make special requirements in writing to carry out the intent of this article on any application for a permit under this article.

§ 905.04 Liability.

[Ord. 100, passed 6-17-1955]

Nothing in this article shall be construed to create a liability on the part of the Town to any person erecting a driveway in compliance with this article. The Town may remove, change or destroy any private driveway or parts thereof lying in a public road in the same manner, and with no greater liability than existed before this article was enacted.

§ 905.99 Penalty.

[Ord. 1420, passed 8-27-2012]

Any person violating any provision of this article shall, upon summary conviction thereof be fined not more than $1,000 for each offense and, in default of the payment of such fine and costs of prosecution, shall be imprisoned for a period not to exceed more than 60 days.