Township of Lower Frederick, PA
Montgomery County
[HISTORY: Adopted by the Board of Supervisors of Lower Frederick Township as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 61.
Grading and excavations — See Ch. 77.
Stormwater management — See Ch. 134.
Subdivision and land development — See Ch. 145.
[Adopted 2-6-1990 by Ord. No. 90-1; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 138-1 Entranceways or driveways required.

Any lot of land upon which any building is proposed to be erected shall be provided with an entranceway or driveway to or from any public right-of-way.

§ 138-2 Underground pipes or conduits; swales.

Such entranceway or driveway construction shall include, if required by the Building Inspector, Engineer or Road Master, an underground pipe or other conduit in accordance with the provisions set forth as follows:
A. 
The pipe to be installed underground shall have a minimum twelve-inch inside diameter, constructed of reinforced concrete or approved equal of sufficient strength and stability to withstand the ordinary traffic and/or vehicles intended to cross said entrance.
B. 
The underground pipe to be installed shall be so located and designed as to elevation and the inclining levels from end to end that waters will not collect and stagnate therein and will not become clogged by refuse, grasses or other vegetation.
C. 
The underground pipe when installed shall be directly in line (at 180° angle) with the flow of surface waters, on the side of the public way next to and abutting the applicant's property from and to which the driveway serves.
D. 
Every pipe installed under any such entranceway or driveway which provides ingress or egress to any public highway, street or alley shall be at least 20 feet in length and shall also be of such length as to extend underneath the full width of the entranceway and on each side thereof at least three feet beyond that part of the entranceway designed or intended for vehicular or pedestrian traffic. All portions of such pipe, including the pipe bell, shall be covered by a minimum two-inch compressed bituminous wearing course pavement and shall be installed in accordance with any pertinent regulations of the Commonwealth of Pennsylvania, the County of Montgomery or other ordinances of this Township. It is provided, however, that up to six inches at the extreme ends of such pipe may be exposed fully upon written approval by the Building Inspector, or Township Engineer where the latter finds that such exposure will contribute to rather than mitigate against the public safety.
E. 
In the event of any faulty, defective or inadequate installation or design, whether now in place or hereafter installed, or which does or is apt to impede the free flow of surface water across or under any such entranceway or render the entranceway or the public way unsafe to travel over the same, and upon certification by the Township Inspector and after written notice to the property owner or tenant in possession, the same shall be repaired or removed and pipe of adequate design, strength and size shall be provided by the owner within 30 days of such notice. All such installations shall be made only after obtaining a permit in accordance with other provisions of this article and as the same may be amended hereafter, and also in accordance with regulations then in effect by the Pennsylvania Department of Transportation, whether applicable, and at the owner's sole expense.
F. 
In those instances where existing installations of 12 inches in diameter of pipe is not sufficient and after examination and certification by the Township Engineer that pipe of additional size or additional strength or at a lower or different grade is required for proper disposition of surface waters across or under such entranceway or driveway, and after notice to the owner at the sole expense of the property owner, the same shall be installed within 30 days of such notice. Such installation shall be made only after obtaining a permit therefor in accordance with the other provisions of this article and where applicable upon permit of the Pennsylvania Department of Transportation.
G. 
Upon application by the property owner, or upon the petition of owners of immediately adjoining properties, to the Zoning Officer, a permit may be issued for the substitution of a swale approved by the Township Engineer and/or the nearest portion of such swale shall be not less than three feet from the improved portion of such public way. A swale shall be permitted only in those situations where installation will better provide for the public safety and convenience of persons and vehicles using the public way.

§ 138-3 Maintenance agreement.

Every permit issued for such underground installation or swale, as the case may be, shall be conditioned upon the agreement by the property owner in the application and it shall be set forth upon the permit that the property owner undertakes and agrees for himself, his heirs, executors, assigns and/or successors to maintain the same without expense to the public at all times in a safe and usable manner.

§ 138-4 Construction and paving requirements.

A. 
Every such entranceway and driveway shall be so constructed as to provide safe and easy access to and egress from the property abutting upon such public highway, street or alley, by providing a sufficient curve and gradual approach to permit vehicles to enter and leave the premises.
B. 
Every such entranceway and driveway shall be paved with asphalt for a distance of a least 25 feet from the edge of the roadway to the interior of the lot.

§ 138-5 Escrow deposit.

There shall be required of all those applying for driveway permits a $1,000 escrow deposit.
A. 
This escrow deposit will be returned in full after the Township's Building/Zoning Officer conducts an inspection of the driveway land or entranceway to insure that all required and specifications set forth in this article were complied with.
B. 
If said requirements and specifications were not met or if work is not completed within one year of the date of that permit issuance, the Township may use the applicant's escrow funds to perform the necessary work. If these funds are insufficient, the applicant will be liable for any deficiency.

§ 138-6 Amendment of escrow amount.

The Supervisors, by an annual ordinance, may amend this article by changing the required dollar amount for the escrow deposit in order to meet rising costs.

§ 138-7 Violations and penalties.

Any person who violates or permits a violation of this article 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 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 30 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 article that is violated shall also constitute a separate offense.
[Adopted 7-5-1994 by Ord. No. 94-2]

§ 138-8 Short title.

This article shall be known and may be cited as the "Lower Frederick Snow and Ice Sidewalk Clearing Ordinance."

§ 138-9 Definitions and word usage.

The following words, terms, and phrases as used in this article shall have the meanings given herein. When not inconsistent with the context, words used in the singular include the plural, and words in the plural include the singular, and words used in the present tense include the future. The word "shall" is always mandatory.
PERSON or PERSONS
Any person or persons, male or female, corporation, partnership, association, company, individual, owner, occupant, lessee, tenant or any organization.
SIDEWALK
The footway or that part of the sidewalk area that is paved.
STREET
Any highway or street within Lower Frederick Township opened to public use and maintained by the state, county or Township.

§ 138-10 Statement of public nuisance.

The allowance or permitting of or the causing of snow or ice to lie upon, remain upon or be piled or accumulated upon the sidewalks of the Township shall constitute a public nuisance.

§ 138-11 Responsibility of occupants.

It shall be the duty of the tenant, occupant or occupiers of the occupied property or premises or the person in charge of unoccupied property or premises and vacant ground within the Township not later than 24 hours after snow has ceased to fall or the formation of ice has occurred to clear or cause to be cleared a pathway in the paved footway or sidewalk of the street or highway upon which such premises or property abuts. Such pathway shall not be less than 24 inches in width and shall be thoroughly cleared to that extent of snow and ice or other obstructions.

§ 138-12 Method of removal.

A. 
Snow or ice removed from sidewalk areas shall be placed on the abutting property.
B. 
If there shall be an excessive amount of snow or ice and there is no longer any place on the abutting property to shovel the snow, then it may be placed along the curbline, but not in the street.
C. 
Should the snow and ice on the sidewalk be frozen so hard that it cannot be removed without injury to the pavement or damaging the base of the footpath, the person charged with the responsibility of the snow and ice removal shall cause the sidewalk abutting or adjacent to such premises to be strewn and to be kept strewn with ashes, sand, salt, sawdust or any suitable abrasive material, and shall, as soon thereafter as the weather shall permit, thoroughly clear such sidewalks.
D. 
It shall be illegal to throw or pile any snow around or upon any fire hydrant.

§ 138-13 Violations and penalties.

Any person who violates or permits a violation of this article 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 $25 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 30 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 article that is violated shall also constitute a separate offense.