For the purpose of this chapter, the following terms shall have the
meanings ascribed thereto, except where the context thereof clearly indicates
another meaning:
BOARD
The Board of Supervisors of West Hempfield Township, Lancaster County,
Pennsylvania.
CARTWAY
The traveled portion of any road.
CONTRACTOR
The person who or which installs a driveway, including all agents,
officers or employees of said person.
DRIVEWAY
Any lane, path or other area of land used by the owner or occupant
of property within the township as a means of access to and from the cartway
of a public road.
HIGH VOLUME
A driveway that will generate more than 1,500 trips per day.
LOW VOLUME
A driveway that will generate from 26 to 750 trips per day.
MEDIUM VOLUME
A driveway that will generate from 751 to 1,500 trips per day.
MINIMUM USE
A driveway that will generate up to 25 trips per day.
OWNER
The owner and his or her heirs and assigns of the land upon which
the driveway is located.
PennDOT
The Department of Transportation of the Commonwealth of Pennsylvania
and any successor agency.
PERSON
An individual, group of individuals, partnership, corporation or
association, whether incorporated or otherwise, and any other legally recognized
entity and the officers of such corporation and the members of such partnership
or association.
RIGHT-OF-WAY
The total width, including the cartway, of a road.
ROAD
Any road, street, alley, paved or unpaved, or other thoroughfare
owned or maintained by the township as part of its public road system or offered
for dedication to the township.
TOWNSHIP
The Township of West Hempfield, Lancaster County, Pennsylvania.
A permit issued under this chapter shall be valid for 12 months from
the date of issuance. The Code Enforcement Officer may, at his or her discretion,
grant one extension of the permit for up to six months upon written application
of the person to whom the permit was issued prior to the expiration of the
permit. The application for extension must indicate good cause for the failure
to complete work within the twelve-month time period. A permit shall not expire
while a request for an extension is pending.
The permit granted under this chapter shall be posted at the right-of-way
line so as to be visible from the roadway. The permit shall remain posted
until final approval of the work has been given.
The application shall be accompanied by such fee or fees as the Board
shall prescribe from time to time by resolution or ordinance not exceeding
the approximate reasonable cost of processing and reviewing the application
and making any necessary inspections.
A permit under this chapter shall be applied for and obtained prior
to the application for a permit to commence the excavation for or the construction
or erection of any structure regulated by the Zoning Chapter of West Hempfield
Township, as amended.
The grant of a permit under this chapter shall not constitute a representation,
guaranty or warranty of any kind by the township or by any official or employee
thereof of the practicability or safety of the proposed driveway and shall
create no liability upon the township or its officials or employees.
[Amended 5-6-1997 by Ord.
No. 6-97]
If the Board of Supervisors or the officer designated to enforce this
chapter by the Board of Supervisors determines that a person has committed
or permitted the commission of a violation of this chapter, 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 chapter and shall
inform such person that he 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 chapter, the township may commence a civil enforcement
proceeding seeking penalties and costs for the violation of this chapter 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
chapter 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.
In addition or in lieu of the penalties provided in §
64-11, violations of this chapter may be abated by the township proceeding against the violator in a court of equity to obtain injunctive relief.
Nothing in this chapter shall be construed to affect any suit or proceeding
pending in any court or any rights acquired or liability incurred or any permit
issued or approval granted or any cause or causes of action arising prior
to the enactment of this chapter.