[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Uwchlan 5-18-1981 by Ord. No. 81-01. Amendments noted where applicable.]
This chapter shall be known as the "Upper Uwchlan Township Driveway Ordinance of 1981."
It is the intent of this chapter to regulate the construction of driveways and private roads, which are not applicable to Chapter 162, Subdivision and Land Development, and lots not involved in subdivisions, in order to provide safe access and protection to Township or state roads.
Any person, partnership or corporation who shall construct or alter an access road, lane or driveway, hereinafter "driveway," within 25 feet of the public right-of-way shall first make application to the Building Code Officer or other designated official of the Township, present plans and obtain a permit for said construction.
No building permit will be issued without first obtaining a permit to construct such access road, lane or driveway.
A plan shall be submitted with each application which shall include at least the following:
Grade. The driveway within the legal right-of-way of the public road shall not have a grade in excess of 5%. So much of the driveway that extends from the legal right-of-way for a distance of 25 feet shall not have a grade exceeding 16%.
Material. The driveway within the legal right-of-way of the public road (Township or state) shall be constructed with a base of Pennsylvania 3A stone compacted to four inches and a surface of a minimum of 1 1/2 inch ID-2A bituminous concrete.
Width. No driveway shall be less than 12 feet wide within the limits of the legal right-of-way.
A minimum of one parking space within the right-of-way but off the paved cartway shall be provided where the grade beyond the right-of-way exceeds 8%.
The gutter line, wherever possible, shall be maintained as a paved swale. It shall have a maximum depth of four inches and a minimum width of 24 inches.
A pipe may only be placed under the drive entrances when approved by the Township Engineer. The condition where a pipe will be accepted will be governed by the gutter depth on each side of the drive. The minimum pipe size under driveway will be determined by the Township Engineer.
Where, due to the unusual topography, grade, size, width or other dimensions of a lot or the placement of structures thereon, literal compliance with this chapter would be rendered physically impossible or where such compliance would, by reason of excessive cuts or fills, otherwise render the lot unusable, the Board of Supervisors shall be and hereby is authorized to grant reasonable variances from the literal requirements of this chapter. Such variances, when granted, shall not be contrary to the public health, safety, morals or welfare nor at variance with the spirit and purpose of this chapter nor shall the variance be any greater than the minimum variance necessary to remove or mitigate the hardship imposed. No variance shall be granted where the hardship for which a variance is sought was created by the developer by reason of the layout of any subdivision, installation and design of any road or other cause within the control of the developer.
Any structure erected in violation of the provision of this chapter or in violation of any plan or permit shall be and hereby is declared to be a public nuisance.
Any person violating the provisions of this chapter or constructing any driveway at variance with the terms of this chapter or at variance with the terms of any plan finally approved by the Township or at variance with the terms of any permit issued hereunder shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
In addition to the remedies provided in immediately proceeding section and not in substitution thereof, the Township, through the Board of Supervisors may institute and prosecute any other action at law or in equity for the abatement or removal of violating structure or the Township may in its discretion, in addition to the other remedies herein provided, enter upon the lands where the violating driveway exists and cause the same to be removed and recover the cost of such removal from the owner, occupier, and/or contractor, all of whom are declared to be jointly and severally liable to the Township for such costs and expenses incurred.