[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.
- PUBLIC ROAD
- 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.
The application shall be reviewed by the Township Engineer or Township Roadmaster for the district in which the driveway permit is sought.
The Township Engineer or Township Roadmaster shall authorize the issuance of the permit if, based on the application, the proposed connection:
Does not increase stormwater runoff onto the public road;
Does not cause damage to the road to which the driveway is to be connected.
Does not create or exacerbate any existing hazardous driving condition for those persons using the road to which the driveway is to be connected.
Does not obstruct or adversely impact any roadside ditch or cause stormwater to be diverted onto the improved portion of the roadway.
Is of the same elevation as the public road surface.
Contains drainage facilities of adequate size to carry all stormwater under the driveway with a drainage pipe having a minimum diameter of 15 inches.
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.
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.
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.
The applicant shall immediately make such changes and return the revised plan to the Township.
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.
The applicant shall give written notice of the beginning and completion of the work to the Township.
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.
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.