[Adopted 3-25-2019 by Ord. No. 2019-1]
This Ordinance shall be known as and cited to as the "Right-of-Way
Obstruction Ordinance of Fairview Township."
The purpose of this article is to allow Fairview Township (the
"Township") to eliminate potentially hazardous obstructions, including
unyielding mailbox support structures, retaining walls, and boulders,
which pose a danger to pedestrian and vehicular travel within the
Township.
The following definitions apply to this Ordinance:
Any person, firm, corporation, association, partnership,
or other legal entity.
Any object, sign, structure, rock, planting, post, barrier,
wall, fence, obstacle, or other impediment that has been installed,
erected, constructed, or placed in the public right-of-way that creates
a potential safety hazard to travelers utilizing the right-of-way,
hinders or interferes with free passage of vehicles or pedestrians,
interferes with or impedes free flow of stormwater drainage, or renders
road maintenance and snow removal more difficult and is not an original
feature of the land.
An owner or individual claiming an interest in the subject
property through the owner, including, without limitation, a tenant.
In the event a tenant or non-owner occupant of the subject property
has caused the violation of this article, the Township may pursue
the tenant, the legal and/or equitable owner of the subject property,
or both in accordance with this Ordinance, and all other applicable
local, state, and federal laws, rules, ordinances, and/or regulations.
Any person, agent, operator, firm, corporation, association,
or partnership, or other legal entity having a legal or equitable
interest in the property, or has a recorded title interest to the
property as the same may have been recorded in the official records
of the Commonwealth of Pennsylvania, the County of York, or the Township,
including, without limitation, the guardian of an estate, and the
executor or administrator of the estate of a person if ordered to
take possession of real property by a court of competent jurisdiction.
A legal right of passage across land, occupied or intended
to be occupied by a public street or road. This term shall include
legal and dedicated rights-of-way.
Any structure constructed to support a mailbox that would
not bend or fall away if hit by a car, including but not limited to
masonry columns, heavy metal pipes, or concrete posts. This term shall
not include any support structure set forth in guidelines for mailboxes
as promulgated by the United States Postal Service.
A.
General rule. Individuals may not install, erect, construct, locate,
or otherwise place any man-made obstruction within the public right-of-way,
except as follows:
(1)
Where there is a curb in front of the property within the public
right-of-way, manmade obstructions, including retaining walls, fences,
and rock features, may be constructed, provided that the no part of
the obstruction is closer than six inches from the back of the curb
and does not impede use of any existing public sidewalk. In order
to construct such a structure, an individual must first obtain a pe1mit
from the Township. For the purposes of this paragraph, the term "curb"
shall include a standard horizontal curb only and shall exclude "rolled"
macadam curb or "slant" curb.
B.
Mailbox rule. Individuals may install mailboxes and mailbox support
structures within the public right-of-way in accordance with United
States Postal Service guidelines. However, no unyielding mailbox support
structures will be permitted, except as follows:
(1)
Where there is a curb in front of the property within the public-right-of
way, an unyielding mailbox support structure may be constructed, provided
that neither the face of the mailbox, nor any part of the support
structure, is closer than six inches from the back of the curb. In
order to construct such a structure, an individual must first obtain
a permit from the Township. For the purposes of this subsection, the
term "curb" shall include a standard horizontal curb only and shall
exclude "rolled" macadam curb or "slant" curb.
C.
Permitting process. In the event that a man-made obstruction or mailbox
support structure requires the issuance of a permit under this Ordinance,
the permit must be obtained and the structure must be constructed
and inspected in accordance with this Ordinance and any other applicable
ordinances of the Township.
A.
Application for permit. The application for a permit shall be on
a form prescribed by the Township and shall not be considered to be
complete until accompanied by the permit fee. The permit application
shall include a detailed description of the obstruction or structure,
along with a sketch showing the dimensions of the obstruction or structure,
the proposed placement, and right-of- way lines.
B.
Permit fees. An applicant for a permit under this Ordinance shall
pay a fee for the permit. The fees to be charged to an applicant shall
be set by resolution enacted from time to time by the Board of Supervisors.
C.
Issuance of permit. Within seven business days after receipt of both
the application and fee, the Township shall review and issue or deny
a permit in accordance with this Ordinance. The Township may prescribe
reasonable conditions, restrictions, and regulations relating to installation
and maintenance of approved structures where necessary.
D.
Inspection. During and after construction or placement of a permitted
obstruction or structure, Fairview Township staff, officers, or agents
thereof, including but not limited to, the Township Engineer, are
hereby authorized to inspect any man-made obstruction or mailbox support
structure requiring a permit under this ordinance to ensure conformity
with Township safety requirements, the requirements of this Ordinance,
and any prescribed conditions, regulations, or restrictions included
in the permit.
The Township shall not be responsible for damage to any mailbox,
mailbox support structure, retaining wall, fence, or other obstruction
placed within the public right-of-way caused by plows removing snow
or ice, unless a Township vehicle actually strikes such structure.
Fairview Township, or any officer, employee, or agent thereof,
including, but not limited to, the Codes Administrator, is hereby
authorized to inspect any obstruction or mailbox support structure
and to notify any owner or occupant of any said property, personally,
by United States regular mail, or by posting such notice upon the
premises, to remove or eliminate any manmade obstruction or unyielding
mailbox support structure within the public right-of-way or to obtain
a permit for said structure within 10 days of the date of the notice.
Any person who violates any of the provisions of this Ordinance
shall be subject to a summary criminal proceeding before any Magisterial
District Judge of the county pursuant to the Pennsylvania Rules of
Criminal Procedure, as may be amended from time to time. Upon finding
of a violation hereunder, a fine in a sum not to exceed $1,000, plus
the costs of prosecution, including court costs and reasonable attorney
fees incurred by the Township to prosecute the violation, shall be
imposed. In the event such fine, fees and costs remain unpaid, such
person may be subject to imprisonment for a period of up to 30 days.
Each day a violation continues to exist shall constitute a separate
offense.
