As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Vandergrift, Westmoreland County, Commonwealth
of Pennsylvania.
CONTRACTOR
The party, person, firm, partnership or corporation who or
which installs a driveway, including all agents, officers or employees
of said party, person, firm, partnership or corporation.
COUNCIL
The Council of the Borough of Vandergrift, Westmoreland County,
Commonwealth of Pennsylvania.
DRIVEWAY
Any area of land designated or used as a means of ingress
and/or egress for either vehicles or pedestrian traffic from a public
road to a piece, parcel or tract of land.
OWNER
The record owner of the land upon which the driveway is or
is intended to be located.
PERMIT
A permit issued by the Council to signify the approval of
the driveway connection to the public roadway.
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 Vandergrift Borough as part of its road system, or whether
shown on a subdivision or land development plan and intended to be
offered or dedicated to the Borough of Vandergrift in the future as
part of the Borough of Vandergrift road system.
Any person, owner or contractor shall, prior to obtaining a
driveway permit, file an application, on an application form supplied
by the Borough of Vandergrift, reflecting and showing the location
of the proposed driveway relative to the premises and designating
the course, grade, structure, materials and drainage facilities, if
any, involved in the construction of the driveway.
All construction in any way incidental to the installation of
the driveway shall be performed in strict conformance with the approved
plans.
Each driveway, whether serving the same premises or not, shall
require a separate permit.
All driveways, adjacent areas and areas between such driveways,
including channelization, paving, drainage, etc., installed by the
applicant shall be maintained by the property owner in such a manner
as not to interfere or be inconsistent with the design, maintenance
and drainage of the street or the safe and convenient passage of traffic
upon the street.
Any owner, person or contractor who or which violates any of
the provisions of this chapter shall, upon conviction in a summary
proceeding brought before a District Justice under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus costs of prosecution
along with restitution to the Borough. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense. All fines collected for the violation of this
chapter shall be paid to the Borough of Vandergrift for the general
use of the Borough.
All ordinances or parts of ordinances in conflict herewith be
and are hereby repealed, except any ordinance or parts of ordinances
that authorize greater remedies than this chapter are hereby preserved.
If any sentence, clause, section or part of this chapter is,
for any reason, found to be unconstitutional, illegal or invalid,
such unconstitutional, illegal or invalid part or portion shall be
removed and shall not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts of this chapter. It is hereby
declared that it is the intent of the Borough of Vandergrift that
this chapter would have been adopted had such unconstitutional, illegal
or invalid sentence, clause, section or part thereof not been included
herewith.
In the event of a conflict between the requirements of this
chapter and any state or federal requirements associated with taxing,
the regulations promulgated under state and federal law shall prevail.
This chapter shall be effective as of the date of enactment
and execution.