[HISTORY: Adopted by the Borough Council of the Borough of Harveys
Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-2-1972]
No person, firm or corporation shall grade, construct, install, alter,
erect or rebuild a drain, culvert, footwalk, drive or driveway or other means
of ingress and egress or effecting discharge or passage of drainage water
into or along a Borough road unless or until the Borough has granted a permit
for such grading, construction, installation, alteration, rebuilding or erection.
Application for such permit shall be made by the owner or occupier or
by his contractor or agent, in writing, on forms provided by the Borough and
in accordance with such rules and regulations as may be established by the
Borough. There shall be appended to each application a drawing or plan showing
the outlines of the property affected with the existing improvements thereon
and existing drains, culverts, footwalks, drives and driveways with the proposed
drain, culvert, footwalk, drive or driveway proposed to be added, altered
or rebuilt and the relationship of the foregoing to the Borough road, particularly
with relationship to the effect on the drainage of said road.
A fee of $5 shall be charged and submitted with the application for
the permit to be issued thereon and a cost of any inspection deemed necessary
by the Council of the Borough of Harveys Lake. Such fee shall be paid into
the Borough treasury.
The Council of Harveys Lake Borough may alter plans filed with the application
and specify and changes or modifications of any kind which it may deem necessary
and make its approval of the granting of any permits subject to any alterations,
changes or modifications.
All grading, construction, installation, alteration, rebuilding and
erection shall be in strict compliance with the plans and specifications on
the basis of which the permit is granted.
Any person, firm or corporation violating the terms of this article
or any of the terms and conditions of any permit issued thereto, including
any regulations applicable thereto, shall, upon conviction thereof before
a Magistrate or Justice of the Peace, be sentenced to pay a fine of not less
than $10 nor more than $50, together with costs of prosecution, or, in default
thereof, to undergo imprisonment for not more than 10 days. Each day that
such violation exists shall constitute a separate and distinct violation.
[Adopted 4-19-1983 by Ord. No. 2-83]
No owner or occupant of premises within the Borough of Harveys Lake,
wherein a driveway is or will be situated requiring a drainage pipe, shall
allow said pipe to be or become in a deteriorated condition.
[Amended 6-18-1985 by Ord. No. 6-85]
All owners or occupants of land of all such deteriorated pipes, upon
notice by the operating head of the Road Department of the Borough of Harveys
Lake, shall, within 60 days after said notice, supply a minimum twelve-inch
diameter galvanized steel pipe as a replacement, or as the specific site dictates,
which shall be installed by or under the supervision of the Road Department
of the Borough of Harveys Lake without cost.
New installation shall likewise require the same type of pipe furnished
at the cost of the owner or the occupant and shall likewise be installed by
or under the supervision of the Road Department of the Borough of Harveys
Lake without cost.
Any owner or occupant of said property who shall violate any provision
of this article shall, upon conviction thereof of each violation, be subject
to a fine of not less than $25 nor more than $100, in the discretion of the
court, plus costs of prosecutions. In default of the payment of such fine
and cost, such person shall be imprisoned in the county jail for a period
of not less than 10 days. Each day that such violation exists shall constitute
a separate and distinct violation.
