[Adopted 12-13-2012 by Ord. No. O-5-2012]
As used in this article, the following terms shall have the
meanings indicated:
The Board of Supervisors of Unity Township, Westmoreland
County, Pennsylvania.
The party, person, firm, partnership or corporation that
installs or contracts to install a driveway, including all agents,
officers or employees of said party, person, firm, partnership or
corporation.
Any area of land designated, designed, laid out for the purpose
or used as a means of ingress and/or egress for either vehicles or
pedestrian traffic from a public Township road to a piece, parcel
of tract of land.
The owner of the land upon which the driveway is located.
A permit issued by the Board to signify approval of a driveway
connection.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Any road, street, alley or public thoroughfare whether actually
maintained by Unity Township as part of its road system, or shown
on a subdivision or land development plan and intended to be offered
or dedicated to Unity Township in the future as part of the Unity
Township road system.
The Township of Unity, Westmoreland County, Pennsylvania.
No person, owner or contractor shall hereafter install, initiate
any work or allow the installation or initiation of any work associated
with the construction or installation of a driveway without first
obtaining a permit from the Township.
Any person, owner or contractor shall, prior to obtaining a
driveway permit, file an application, on a form supplied by the Township,
showing the location of the driveway relative to the premises it is
designed to serve and designating the course, grade, structure, materials
and drainage facilities, if any, involved in the construction of the
driveway. The application shall show the location of all improvements
on the property.
A.
The application shall be reviewed by the Township Engineer or Township
Roadmaster for the district in which the driveway permit is sought.
B.
The Township Engineer or Township Roadmaster shall authorize the
issuance of the permit if, based on the application, the proposed
connection:
(1)
Does not increase stormwater runoff onto the public road;
(2)
Does not cause damage to the road to which the driveway is to be
connected.
(3)
Does not create or exacerbate any existing hazardous driving condition
for those persons using the road to which the driveway is to be connected.
(4)
Does not obstruct or adversely impact any roadside ditch or cause
stormwater to be diverted onto the improved portion of the roadway.
(5)
Is of the same elevation as the public road surface.
(6)
Contains drainage facilities of adequate size to carry all stormwater
under the driveway with a drainage pipe having a minimum diameter
of 15 inches.
(7)
Provides adequate sight distance for vehicles entering and leaving
the public road. Minimum acceptable sight distances shall be based
upon the sight distance requirements adopted and applied by the Pennsylvania
Department of Transportation at 67 Pa. Code 441.8, as amended from
time to time. Such requirements are adopted and incorporated herein
by reference.
C.
If the Application and proposed connection is found by the Township
Engineer or Township Roadmaster to comply with the requirements of
Section B above, such Engineer or Roadmaster shall cause the permit
to be issued.
D.
If the plan is found deficient, or if in the opinion of the Township Engineer or Roadmaster the plan or connection could be changed or improved in its design, location and/or or construction to more adequately comply with the requirements set forth in Subsection B above, the Township Engineer or Roadmaster, as the case may be, shall notify the applicant of such changes and/or improvements in writing.
E.
The applicant shall immediately make such changes and return the
revised plan to the Township.
F.
When such plan is in an acceptable form, the Township Engineer or
Roadmaster shall review the revised plan or application, approve same
or cause the same to be approved and the cause the permit to be issued
by the Township.
The application for a permit under this section shall be accompanied
by an application processing fee. The amount of the application processing
fee, post-construction inspection fee and security deposit shall be
established, and may be modified, by resolution of the Board of Supervisors
hereafter.
All construction associated with the installation of the driveway
shall be performed in strict conformance with the approved plans and
permit.
Each and every driveway, whether serving the same premises or
not, shall require a separate permit and application.
A.
The applicant shall give written notice of the beginning and completion
of the work to the Township.
B.
The Township Engineer or Roadmaster shall be permitted to come onto
the property subject to the permit to inspect the driveway construction
and/or connection at their discretion and without notice to the applicant.
C.
Where any defect in the construction of the driveway, or failure
of the construction or connection to comply with the application or
permit, shall be communicated to the applicant within 10 days of the
date of inspection. The applicant, at applicant's sole cost and expense,
shall remedy and correct any defect or failure within the time period
set forth in the written notice from the Township to do so. In the
event the applicant fails to remedy and/or correct any defect within
the prescribed time period, the Township may, at its discretion, enter
upon the property to remedy the defect and complete the work at the
cost and expense of the applicant.
Any person, partnership, corporation or other entity violating
the provisions of this article, or who fails to comply with any directive
issued by the Township under the authority of same, shall, upon being
found liable therefore in a civil enforcement proceeding commenced
by the Township, pay a judgment of not less than $300 nor more than
$1,000 plus all court costs, and reasonable attorney fees incurred
by the Township in the pursuit thereof. No judgment shall commence
or be imposed, levied or payable until a court of competent jurisdiction
determines that a violation exists. Where a civil judgment for a violation
of this ordinance has not been timely paid, the violator shall be
liable for the penalty imposed, including daily penalties for continuing
violations of not less than $300 nor more than $1,000 for each day
a violation exists, plus court costs and reasonable attorneys' fees
incurred by the Township in any subsequent enforcement proceedings.
The remedies available to the Township in the enforcement of
the provisions of this article are cumulative. Nothing contained in
this section shall be deemed or construe to preclude the Township
from taking such other legal action, at law or in equity, necessary
to prevent or remedy any violation, enforce the terms or requirements
of this article, or collect any amounts due the Township, including,
but not limited to, the filing and execution upon municipal claims
or the initiation of other civil collection proceedings. The requirement
of the applicant to pay court costs and reasonable attorney's fees
incurred by the Township in any subsequent enforcement proceedings
shall also apply to all other legal or equitable proceedings initiated
by the Township.
The terms and provisions of this article are severable. In the
event any term or provision set forth herein is declared void or invalid
by a court of competent jurisdiction, the remaining terms and provisions
shall continue in full force and effect.
