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Township of Lower Oxford, PA
Chester County
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[Ord. 6-2015, 9/9/2015]
1. 
Many Township roads located in Lower Oxford Township border farmland and other open space.
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 obstruction of the roadway by the washing of large amounts of soil and rocks and other debris onto the surface of the road, which constitutes a nuisance.
3. 
The height of 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 3 is enacted to remedy these hazardous conditions.
[Ord. 6-2015, 9/9/2015]
As used in this Part, the following terms shall have the meanings indicated:
CORNER SIGHT DISTANCE
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.
DISTURBING
Any use of an implement or other means of overturning sod or other vegetative cover to leave bare soil exposed.
PLOWING or CULTIVATING
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.
TEMPORARY GRADING FOR LANDSCAPING PURPOSES
The act of removing vegetative cover or recontouring the soil for landscaping or stormwater control purposes.
TOWNSHIP ROAD RIGHT-OF-WAY
That area which is not less than 33 feet nor more than 120 feet and that minimum 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]
TOWNSHIP ROADWAY
The entire paved width between the boundary lines of every way, lane, alley, court or public square maintained by the Township which is open to the use of the public for purposes of vehicular travel (Section 102, Pennsylvania Second Class Township Code).[2]
[1]
Editor's Note: See 53 P.S. § 67306.
[2]
Editor's Note: See 53 P.S. § 65102.
[Ord. 6-2015, 9/9/2015]
1. 
No person shall create or allow the creation of a traffic hazard or obstruction to the convenient use of roads of Lower Oxford 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.
3. 
No person shall obstruct a roadway by depositing on, or allowing deposits of, mud, dirt, silk, corn fodder, manure, grass clippings, leaves and other debris to remain on Township cartways so as to obstruct the road or create a nuisance therein.
4. 
No person or persons shall deposit field stone or decorative stone, brick, or other debris within the rights-of-way of any Township roads.
5. 
No person shall obstruct a road by erecting, creating or maintaining a fence, wall or any building or other structure, nor shall they plant, nurture, or maintain trees or shrubbery within the rights-of-way or cartway of any Township road.
[Ord. 6-2015, 9/9/2015]
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. 6-2015, 9/9/2015]
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 and for 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. 6-2015, 9/9/2015]
1. 
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 than $500 for each offense. 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.
2. 
In addition to this penalty described in this § 21-306, each person shall pay the Township's costs and expenses (including reasonable overhead) to repair or reinstate the right-of-way or cartway and its surfaces or facilities back to the former condition in which it was prior to the offense.
[Ord. 6-2015, 9/9/2015]
The provisions of this Part are severable; and if any of its provisions are ruled by court invalid or unconstitutional, such decision shall not affect or impair any of the remaining provisions of this Part. It is declared to be the intention of Lower Oxford Township that this Part would have been adopted if such invalid or unconstitutional provision had not been included.