Chapter 11, Drainage

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction -- See Ch. 7.
Registration of contractors -- See Ch. 9.
Driveways and curb cuts -- See Ch. 12.
Erosion and sediment control -- See Ch. 15A.
Street excavations -- See Ch. 41, Art. I.

ARTICLE I, Construction Permits [Adopted 11-2-1972]

§ 11-1. Permit required.
No person, firm or corporation shall grade, construct, install, alter, erect or rebuild a drain, culvert, footwalk, drive or driveway or other means of ingress and egress or effecting discharge or passage of drainage water into or along a Borough road unless or until the Borough has granted a permit for such grading, construction, installation, alteration, rebuilding or erection.

§ 11-2. 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 Borough and in accordance with such rules and regulations as may be established by the Borough. There shall be appended to each application a drawing or plan showing the outlines of the property affected with the existing improvements thereon and existing drains, culverts, footwalks, drives and driveways with the proposed drain, culvert, footwalk, drive or driveway proposed to be added, altered or rebuilt and the relationship of the foregoing to the Borough road, particularly with relationship to the effect on the drainage of said road.

§ 11-3. Fee.
A fee of $5 shall be charged and submitted with the application for the permit to be issued thereon and a cost of any inspection deemed necessary by the Council of the Borough of Harveys Lake. Such fee shall be paid into the Borough treasury.

§ 11-4. Council may alter submitted plans.
The Council of Harveys Lake Borough may alter plans filed with the application and specify and changes or modifications of any kind which it may deem necessary and make its approval of the granting of any permits subject to any alterations, changes or modifications.

§ 11-5. Compliance with plans required.
All grading, construction, installation, alteration, rebuilding and erection shall be in strict compliance with the plans and specifications on the basis of which the permit is granted.

§ 11-6. Violations and penalties.
Any person, firm or corporation violating the terms of this article or any of the terms and conditions of any permit issued thereto, including any regulations applicable thereto, shall, upon conviction thereof before a Magistrate or Justice of the Peace, be sentenced to pay a fine of not less than $10 nor more than $50, together with costs of prosecution, or, in default thereof, to undergo imprisonment for not more than 10 days. Each day that such violation exists shall constitute a separate and distinct violation.

ARTICLE II, Maintenance of Drainage Pipes [Adopted 4-19-1983 by Ord. No. 2-83]

§ 11-7. Maintenance required.
No owner or occupant of premises within the Borough of Harveys Lake, wherein a driveway is or will be situated requiring a drainage pipe, shall allow said pipe to be or become in a deteriorated condition.

§ 11-8. Notice to comply; installation of replacement pipe. [Amended 6-18-1985 by Ord. No. 6-85]
All owners or occupants of land of all such deteriorated pipes, upon notice by the operating head of the Road Department of the Borough of Harveys Lake, shall, within 60 days after said notice, supply a minimum twelve-inch diameter galvanized steel pipe as a replacement, or as the specific site dictates, which shall be installed by or under the supervision of the Road Department of the Borough of Harveys Lake without cost.

§ 11-9. New installations.
New installation shall likewise require the same type of pipe furnished at the cost of the owner or the occupant and shall likewise be installed by or under the supervision of the Road Department of the Borough of Harveys Lake without cost.

§ 11-10. Violations and penalties.
Any owner or occupant of said property who shall violate any provision of this article shall, upon conviction thereof of each violation, be subject to a fine of not less than $25 nor more than $100, in the discretion of the court, plus costs of prosecutions. In default of the payment of such fine and cost, such person shall be imprisoned in the county jail for a period of not less than 10 days. Each day that such violation exists shall constitute a separate and distinct violation.