[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence 11-17-2004 by Ord. No. 02-04. Amendments noted where
applicable.]
No driveway or entrance way shall be laid upon
or connected to any Township road or portion thereof, except under
such conditions, restrictions and regulations relating to the installation
and maintenance thereof as may be prescribed in permits granted by
the Township for such purpose.
The application for a permit shall be on a form
prescribed by the Township and submitted to the Township in triplicate.
The application shall be accompanied by a fee
in accordance with the Schedule of Fees set forth by the Department
of Transportation of Pennsylvania for Highway Occupancy Permits and
Restoration charges, as well as fee not exceeding the approximate
reasonable cost of making the inspection, which fees shall be set
from time to time by resolution of the Board of Supervisors. In addition,
the applicant shall submit three copies of a sketch showing such dimensions
as the location of the intended facility, width of the traveled roadway,
right-of-way lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after
all of the aforementioned requirements have been filed.
Upon completion of the work, the applicant shall
give written notice thereof to the Township within 10 days of completion.
Upon completion of the work authorized by the
permit, the Township shall inspect the work and, when necessary, enforce
compliance with the conditions, restrictions and regulations prescribed
by the permit.
Where any settlement or defect in the work occurs,
if the applicant shall fail to rectify any such settlement or other
defect within 60 days after written notice from the Township to do
so, the Township may do the work and shall impose upon the applicant
the cost thereof, together with an additional 20% of such cost which
may be filed as a lien against the subject property.
Whenever used herein, "Township road" shall
mean and include any and all Township roads, streets, alleys, rights-of-ways
and the like.
It shall be the responsibility of the titled
owner of the subject premises to comply with the provisions of this
chapter.
The titled owner of the subject premises shall
be required to maintain the driveway and/or entrance way on a continuing
basis.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge 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 all costs of prosecution,
including, but not limited to, attorneys' fees, and in default of
payment thereof, shall be imprisoned for a term not to exceed 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 and penalties collected for the violation of this
chapter shall be paid to the Township Treasurer.
[Amended 5-16-2012; 5-21-2014]
The Township employee, official and/or officer
who shall enforce and administer this chapter shall be the Township
Code Enforcement Officer and/or such other individual as designated
by resolution from time to time by the Board of Supervisors.
