[Adopted 2-22-1979 by Ord. No. 51]
This article shall be known and hereafter referred
to as the "Warwick Township Driveway Ordinance."
For the purpose of this article, the following
terms shall have meanings ascribed thereto, as follows:
The Board of Supervisors of Warwick Township, Lancaster County,
Pennsylvania.
The party, person, firm, partnership and/or corporation who
or which installs a driveway, including all agents, officers or employees
of said party, person, firm, partnership and/or corporation.
Any area of land designated or to be used as a means of ingress
and/or egress for either vehicles and/or pedestrian traffic from a
public road to a piece, parcel or tract of land.
The owner of the land upon which the driveway is located.
A permit issued by the Board to signify approval of the driveway
connection.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Any road, street, alley or public thoroughfare whether actually
maintained by Warwick Township as part of its road system, or whether
shown on a subdivision or land development plan and intended to be
offered or dedicated to Warwick Township in the future as part of
its road system.
No person, owner and/or contractor shall hereafter
install, initiate any work, or allow the installation or initiation
of any work toward the installation of a driveway without first obtaining
a permit therefor from the Board or from its designated permit officer.
Any person, owner and/or contractor shall, prior
to obtaining a driveway permit, file an application, on an application
form supplied by Board, reflecting and showing the location of the
driveway relative to the premises and designating the course, grade,
structure, materials and drainage facilities, if any, involved in
the construction of the driveway. The application shall be reviewed
by the Engineer or Road Superintendent of the Township. The Engineer
or Road Superintendent shall determine if the proposed method of construction
or making said connection, as reflected on the application, is such
that it will (A) minimize the adverse effect of stormwater run-off
resulting from said connection; (B) not cause damage to the road to
which the driveway is to be connected; and, (C) not create or increase
hazardous driving conditions for those persons using the road to which
the driveway is to be connected. If found satisfactory by the Engineer
or Road Superintendent, he/she shall so advise the Board, and the
Board will issue, or cause to be issued, the permit. If the plan is
found deficient, or if, in the opinion of the Township Engineer or
Road Superintendent, the plan could be improved so as to (1) minimize
the adverse effect of stormwater run-off; (2) lessen drainage to the
road to which the driveway is to be connected; or, (3) lessen hazardous
driving conditions on the road to which the driveway is to be connected,
the Engineer or Road Superintendent shall, by written communication
to the owner, notify him/her of the changes to be made. The applicant
shall immediately make such changes and return the revised plan to
the Township. When such plan is in acceptable form, the Board shall
approve or cause the same to be approved and the permit issued.
The application shall be accompanied by such
fee or fees as the Board shall prescribe from time to time, not exceeding
the approximate reasonable cost of processing and reviewing the application
and making any necessary inspections.
All construction in any way incidental to the
installation of the driveway shall be performed in strict conformance
with the approved plans.
Each driveway, whether serving the same premises
or not, shall require an individual permit.
[Amended 9-14-1983 by Ord. No. 83; 11-9-1988 by Ord. No.
133; 11-19-1997 by Ord. No. 178]
If the Board of Supervisors or the officer designated
to enforce this article by the Board of Supervisors determines that
a person has committed or permitted the commission of a violation
of this article, the Board of Supervisors or such enforcement officer
shall inform such person in writing of the violation, shall notify
such person to cease the violation of this article and shall inform
such person that he/she or she must pay a civil penalty to the Township
within the range of the amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall be not less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the Township within
10 days from the date of the written notice of the violation of this
article, the Township may commence a civil enforcement proceeding
seeking penalties and costs for the violation of this article and/or
may commence an action in equity. The Township shall seek a judgment
for the penalty previously imposed together with additional daily
penalties for continuing violations plus all court costs, including
the reasonable attorneys' fees incurred by the Township in the enforcement
proceedings. Each day that a violation continues shall constitute
a separate violation, and each section of this article which is violated
shall constitute a separate violation. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
