[Ord. 2012-27, 4/10/2012]
1.
Many Township roads located in East Nottingham Township border farmland
and other open space; and
2.
It has been noted by the Board of Supervisors that recent farming
and landscaping practices involve plowing, cultivating or otherwise
disturbing land up to the edge of the Township roadway, causing the
washing of large amounts of soil and rocks onto the surface of the
road; and
3.
Vegetative cover can obstruct sight distance at intersections, and
thereby create a hazard to the health and safety of the citizens of
the Township and further create an obstruction to the convenient use
of the roads of the Township.
4.
Therefore, this Part is enacted to remedy this hazardous condition.
[Ord. 2012-27, 4/10/2012]
As used in this Part, the following terms shall have the meanings
indicated:
The maximum measured distance along a crossing highway at
which a driver stopped at a side road or driveway along that highway
can continuously see another vehicle approaching. For the purpose
of measuring the available sight distance, the height of both the
driver's eye and the approaching vehicle should be assumed to
be 3.5 feet above the road surface.
Any use of an implement or other means of overturning sod
or other vegetative cover to leave bare soil exposed.
The act of using an agricultural implement or other device
with the specific intention of removing or turning over sod or other
vegetative substance for the purpose of planting a crop. Plowing shall
include the use of "chisel plows" or other implements that do not
overturn the sod totally but are used for the purpose of preparing
soil for planting.
The act of removing vegetative cover or recontouring the
soil for landscaping or stormwater control purposes.
That area which is not less than 33 feet nor more than 120
feet and that minimum required width required for necessary slopes
in cuts or fills as more particularly described in the Second Class
Township Code, Section 2306, Width of Public Roads.[1]
The entire paved width between the boundary lines of every
way, lane, alley, court or public square maintained by the Township
which is opened to the use of the public for purposes of vehicular
travel (Section 102, Pennsylvania Second Class Township Code).[2]
[Ord. 2012-27, 4/10/2012]
1.
No person shall create or allow the creation of a traffic hazard
or obstruction to the convenient use of roads of East Nottingham Township
by the plowing, cultivating or otherwise disturbing or removing of
sod or other vegetative cover from that area which is measured from
the edge of the cartway of a Township road for a distance of six feet,
so that a six-foot strip of undisturbed vegetative cover shall remain
along all Township roads.
2.
No person shall allow any material, either crop or other vegetative
material, or obstruction to be planted or placed at the intersection
of any Township road, even outside the right-of-way, whose height
exceeds 36 inches in height at maturity and whose existence creates
a traffic hazard by interfering with the corner sight distance at
said intersection.
[Ord. 2012-27, 4/10/2012]
Liability for the disturbance of the roadway border or over
landscaping planting resides with the property owner or tenant, and
any of their employees, servants or agents, and further upon any independent
contractor performing any cultivating or earthmoving activities on
behalf of either a landowner or a tenant.
[Ord. 2012-27, 4/10/2012]
In the event of temporary grading for landscaping purposes,
it shall be unlawful for any individual property owner, tenant, employee,
servant, agent or independent contractor employed for the benefit
of any of the preceding individuals or other legal entities to leave
soil which has been worked and remains without cover. Any such disturbance
which is for temporary landscaping purposes shall, at the close of
work on every day, be covered with materials placed to prevent the
soil from running into the roadbed.
[Ord. 2012-27, 4/10/2012]
Any person or organization who fails to comply with the regulations
of this Part shall be in violation of it and shall be subject to a
penalty of not less $600 for each offense and an equal fine amount
for each $600. In addition, if enforcement is required at the Magisterial
District level, both those costs as well as attorneys' fees shall
be added to the establishment of the penalty amount. Each day or portion
thereof in which a violation exists shall be considered a separate
violation.
