[Adopted 8-2-1965 by Ord. No. 10; amended
in its entirety 7-23-1992 by Ord. No. 1992-14]
From and after the adoption of this article,
no private road, driveway or alley or road intended for public use
joining any Township road shall be constructed and no driveway shall
be blacktopped without first providing for the installation of drainage
facilities at the intersection of such roads, driveways or alleys
with the Township road in accordance with the specifications adopted
by the Supervisors.
Before construction of such road, driveway or
alley or blacktopping of any driveway, the person for whose benefit
said road, driveway or alley is being constructed shall file with
the Zoning Officer of Chestnuthill Township an application, in a form
prescribed by said Supervisors, setting forth the name of the applicant,
the place of construction and the type of construction, together with
a sketch showing the location and size of the proposed driveway and
the type of proposed drainage. Such application shall be accompanied
by payment in the amount as set forth by resolution in the schedule
of fees adopted by the Board of Supervisors to cover the cost of the
inspection hereinafter set forth and the issuance of the permit.
Upon receipt of such application, the Zoning
Officer or his authorized representative, subject to the Supervisors,
shall make an inspection of the place of the proposed construction
or blacktopping and ascertain the proper drainage facilities to be
provided at such intersection.
Upon receipt by the Zoning Officer of the report
of the inspecting officer of the Township, the Zoning Officer, subject
to the Supervisors, shall issue a permit to the applicant approving
such construction or blacktopping and directing the type of drainage
facilities which must be provided.
Any driveway constructed or blacktopped pursuant to a permit issued under §
95-4 hereof shall be not less than 12 feet wide at its intersection with the edge of the Township road.
The type of drainage facilities to be provided
shall be determined in the sole discretion of the Zoning Officer,
subject to the Supervisors. The requirement for such drains shall
be a fifteen-inch corrugated iron or cement drain if, in the opinion
of the Supervisors, it is necessary.
The installation of the type of drainage facilities
approved in each particular case shall be in accordance with the requirements
adopted by the Supervisors.
Upon completion of the installation of the drainage
facility, the Zoning Officer, subject to the Township Supervisors,
shall make an inspection of the installation to determine that the
same has been completed in accordance with the requirements of the
Township.
It shall be the obligation of the person for
whose benefit said roadway, driveway or alley was constructed or blacktopped,
or his successors and assigns, to maintain and keep open such drainage
facility.
No road hereafter presented to the Zoning Officer,
subject to the Supervisors, for acceptance as part of the Township
road system shall be accepted by the Supervisors unless each intersecting
private or public road, driveway or alley shall be equipped with drainage
facilities meeting the specifications of the Supervisors as prescribed
in this article.
It shall be unlawful for any person to enlarge,
alter or reconstruct any existing private road, driveway, alley or
road intended for public use or blacktop any driveway at its intersection
with any Township road without first complying with the terms of this
article.
Whenever in the opinion of the Zoning Officer,
subject to the Supervisors, an existing drainage facility under any
private road, driveway or alley creates a drainage problem along the
adjoining Township road, the Zoning Officer shall notify the property
owner of such condition, which condition shall be remedied by the
property owner by the installation of proper drainage facilities within
the terms of this article within 60 days of receipt of such notice.
[Amended 2-7-2006 by Ord. No. 2006-03]
Any person who shall violate any terms of this
article or who shall fail to maintain and keep open such drainage
facility or who shall stop, fill up or injure any such drain or shall
divert or change the course thereof without the authority of the Zoning
Officer, subject to the Supervisors, 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,
together with the costs of restoring such drainage facilities. 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 article that is violated
shall also constitute a separate offense.