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Ordinance #40
Ordinance of Harford Township, Susquehanna County, relating to and regulating the installation or replacement of Driveways and/or private road, drainage pipes and access to Township roads.SECTION I – Permit Required
No person or property owner shall grade, construct, install or erect a drain, culvert, drive or driveway affecting discharge or passage of drainage water onto or along a Township road unless and until the Township has granted a permit for such grading, construction and installation or erection.
SECTION II – Application requirements
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 Township, and in accordance with such rules and regulations as may be established by the Township. There shall be included with each application, a drawing or plan showing the outline of the property affected and the proposed location of the drain, culvert, drive or driveway proposed to be added and the relationship of the foregoing to the Township road.
SECTION III – Fees
The fee for obtaining an application and permits will be $50.00 and Harford Township reserves the right to change fees in the future by Resolution. The cost of filing such application and permit to be issued, and the cost of any inspections deemed necessary by the supervisors as well as the driveway occupancy permit issued upon proper completion of work will be paid into the Township treasury when completed application is received.
SECTION IV – Alteration of plans
The supervisors may alter plans filed with the application, and specify any changes or modifications of any kind, which they may deem necessary and make their approval of the granting of any permits subject to any such alterations, changes or modifications.
SECTION V – Compliance with permit requirements
No construction will be allowed until application is completed, filed, necessary fees paid, and a permit is issued. The completed application for proposed driveway work to be done will be clearly noted for residential or commercial use. All grading, construction, installation, and erection shall be in strict compliance with the plans and specifications on the basis of which the permits are granted.
Driveways/private roads that serve more than one residence or business will be required to have installed a PennDot approved stop sign at the location where the drive meets the Township road. Cost of the stop sign will be the landowner’s expense.
Sight Distance – Minimum sight distance required will be 120 feet in both directions.
Grade – The grade of the approved driveway or private road will not exceed 15%. All specifications for the driveways will be as defined in the original application and as per driveway construction standards drawing.
The proposed location of any driveway will be less than three (3) feet from the property boundary line.
The minimum distance from a road intersection to proposed driveway will be sixty (60) feet.
SECTION VI – Violations
If any person shall construct a driveway, drain, culvert or other means of ingress or egress and not conform to the requirements of this ordinance, the Township Supervisors may order such person, firm, or corporation to remove the improper work and replace the same in compliance with this Ordinance. Notice will be given in writing and shall state that the person, firm or corporation shall have fourteen (14) days from receipt of notice to comply therewith.
Upon non-compliance, the Township may do or cause the requested repairs to be done and may levy the cost of its work on such owners by property lien to be collected in any manner proved by law.
SECTION VII – Maintenance of pipe
Each property owner shall have the responsibility of maintaining his pipe in any open and clear manner.
SECTION VIII – Penalties
Any person, firm, or corporation who or which violates or permits a violation of this article or of any of the terms and conditions of any permit issues hereto, including any regulations applicable thereto, shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600.00, plus all court costs, including reasonable Attorney’s fees, incurred by the Township in the enforcement of this article. Not Judgment shall be imposed until the date of determination of the violations 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 seed equitable relief, including injunction, to enforce compliance herewith.
SECTION IX – Repealed
All Ordinances or parts of Ordinances, which are inconsistent herewith, are hereby repealed.
SECTION X – Severability
If any sentence, clause, section or part of this ordinance is for any reason found to be unconstitutional, illegal, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this ordinance. It is hereby declared as the intent of the Township Supervisors that this ordinance would have been adopted had such unconstitutional, illegal, or invalid sentence, clause or part thereof not been included herein.
SECTION XI – Effective Date
This Ordinance shall become effective five (5) days after its enactment.
ENACTED AND ORDAINED BY THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF HARFORD, SUSQUEHANNA COUNTY, PENNSYLVANIA, This 22nd Day of July, 2008.