[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.
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."
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).
[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]
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.