[HISTORY: Adopted by the Board of Supervisors of Lower Frederick
Township as indicated in article histories. Amendments noted where applicable.]
[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)]
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.
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.
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.
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.
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.
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.
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]
This article shall be known and may be cited as the "Lower Frederick
Snow and Ice Sidewalk Clearing Ordinance."
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.
Any person or persons, male or female, corporation, partnership,
association, company, individual, owner, occupant, lessee, tenant or any organization.
The footway or that part of the sidewalk area that is paved.
Any highway or street within Lower Frederick Township opened to public
use and maintained by the state, county or Township.
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.
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.
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.
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.
