[HISTORY: Adopted by the Board of Supervisors
of Carroll Township 3-1-1972 by Ord. No. 9. Amendments noted where
applicable.]
It shall be unlawful for any person to connect
a driveway or improve an existing driveway connection with any of
the Township roads in the Township of Carroll without first securing
a permit therefor, as hereinafter provided.
[Amended 9-21-1983 by Ord. No. 27; 2-5-2002 by Ord. No. 47]
A.
Any person who shall desire to connect a driveway
to any of the Township roads in the Township of Carroll shall make
application to the Township Zoning Officer in writing for that purpose.
Such application shall set forth the name of the applicant, the exact
location of the proposed connection, or alteration or improvement
thereto, the approximate width thereof, the surface material to be
used and the type and size of drainage tiles to be utilized, together
with a sketch of the proposed work showing the details thereof. The
fee for the application shall be as set from time to time by resolution
of the Board of Supervisors and payable upon the filing of the application.
[Amended 12-2-2003 by Ord. No. 51]
B.
Culverts.
(1)
All driveways having a slope of 6º or more within
30 feet of driveway entrance will require a box-type culvert across
entrance.
(2)
Culvert construction: concrete; inside measurements
to be 15 inches wide by 15 inches deep; walls and bottom to be no
less than six inches thick for walls and no less than four inches
thick for bottom. Length of culvert to be same as width of driveway
at entrance; top of culvert to be steel grating of nineteen-inch width
recessed into the walls; grating to be in lengths of no more than
four-foot sections for easy removal and cleaning of culverts.
[Amended 2-5-2002 by Ord. No. 47]
No work of any kind shall be done on any such
connection or alteration or improvement until the application has
been approved by the Zoning Officer of the Township of Carroll.
[Amended 2-5-2002 by Ord. No. 47]
Whenever such application is approved by the
Zoning Officer of the Township of Carroll, a permit will be issued
by the Township Zoning Officer.
[Amended 2-5-2002 by Ord. No. 47]
All work with respect to the connection of any
driveway, or the alteration or improvement thereof, shall be done
by the applicant at his expense, and all such work shall be subject
to the provisions of this chapter and to the supervision and approval
of the Zoning Officer of the Township of Carroll.
A.
No connection or alteration or improvement thereof
shall be made unless adequate drainage of Township roads has been
provided for.
B.
In the event that any work performed by or for a permit
holder shall, in the opinion of the Township Zoning Officer, be considered
an unsatisfactory connection and the same shall not be corrected in
accordance with the Zoning Officer's instructions within such time
fixed by the Zoning Officer, the Township of Carroll may proceed to
correct such unsatisfactory work and charge the cost thereof to the
applicant, and the cost thereof, together with any additional penalty
authorized by law, may be collected by the Township from such person,
firm or corporation in the manner provided by law. In case any person,
firm or corporation shall neglect, fail or refuse to remit said cost
and/or penalty, the Township may file a lien, as other municipal claims
are filed, against the premises.
[Amended 2-5-2002 by Ord. No. 47; 12-2-2003 by Ord. No. 51]
A.
Except as indicated in Subsection B below, any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
B.
If enforcement of this chapter is regulated under
53 P.S. § 66601(c.1)(2) of the Second Class Township Code,
any person who violates or permits a violation 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 less
than $100 nor more than $1,000, plus costs of prosecution. 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.
