It shall be unlawful for any person, partnership,
or corporation to construct or erect any drain, culvert, footwalk,
drive or other means of ingress or egress to or from a property in
said Township, the entrance or exit of which connects with any Township
road or drainage area thereof, unless application has first been made
to said Board of Commissioners for a permit for such erection or construction
and said Board of Commissioners have evidenced their approval of such
construction or erection by granting a permit therefor.
The application for such permit shall be made
by the owner, occupier, or by his agent in writing on forms provided
by the said Board of Commissioners and in accordance with such rules
and regulations as may be prescribed by the Board of Commissioners.
There shall be appended to each application a plan showing the outlines
of the property affected, with existing buildings thereon, existing
drains, culverts, footwalks and drives, with the proposed drains,
culverts, footwalks or drives to be constructed or erected and their
relationship to any Township roads and to the drainage of said road.
The cost of filing such application, the cost
of any permit issued, and the cost of any inspection deemed necessary
by the Board of Commissioners shall be determined according to the
general fee schedule to be adopted by a resolution of the Board of
Commissioners, and all such fees and costs shall be paid into the
Township Treasury.
The Board of Commissioners may specify any changes
or modifications which they deem necessary and may make their permit
subject to any such changes or modifications.
[Amended 3-8-1993 by Ord. No. 243]
Upon the construction or erection of any such
drain, culvert, drive or footwalk which does not comply with any conditions
imposed by the Board of Commissioners as aforesaid or the erection
or construction of any such drain, culvert, drive or footwalk without
the prior approval of the Township Commissioners, the Township Commissioners,
with or without notice, may make corrections deemed necessary by them
and recover the cost of such corrections in a summary proceeding brought
before a District Justice in said Township. Any person who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine not exceeding $1,000 and costs and, in default of payment
thereof, shall be subject to imprisonment for a term not to exceed
30 days. Each day that a violation of this article continues shall
constitute a separate offense.
[Amended 11-13-1995 by Ord. No. 264]
The provisions of this article and the necessity
of compliance therewith shall not apply to any construction or erection
otherwise subject to this article in the following cases:
A. Where such construction or erection has been incorporated
and is being performed as part of improvements proposed or required
in a subdivision or land development for which a final plan has been
approved by the Board of Commissioners and recorded; or
B. Where such construction or erection concerns the construction or erection of driveways subject to the provisions of Article
III of this chapter.