[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Windsor 3-9-2000 by Ord.
No. 2000-02. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Lower
Windsor Township Driveway Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
As used in this chapter shall mean any natural person or
persons, association, partnership, firm or corporation.
No person shall cause or permit any driveway, street, road or
other entrance or any alteration, modification or addition thereto
including, but not limited to a culvert or drainage pipe, either directly
or indirectly to any Township street or highway without first obtaining
a permit therefor. Such permit shall be issued by the Board of Supervisors
of Lower Windsor Township, York County, Pennsylvania, or its authorized
agent. This permit shall be acquired and work completed prior to the
issuance of a building permit, provided this tract, parcel, lot, or
land area is to be improved with a structure as defined within the
Building Permit Ordinance[1] where access by vehicle is required for entry onto a public
road.
Any person desiring to construct an entrance onto a public road of the Township as referred to in § 200-3 of this chapter shall file with the Township a written application for the establishment thereof. Such application shall demonstrate conformance with all applicable Township ordinances, including but not limited to, the location of the driveway or entrance so to be constructed or established, the grade of the same to or from the public road as related to the private land which shall be connected thereby to the public road, the existing surface drainage, the material with which the public road is presently surfaced and the material with which the proposed driveway or entrance is to be surfaced. The Township may establish an application form for use by applicants for a driveway permit. The proposed driveway shall comply with the requirements of the Pennsylvania Department of Transportation for a minimum use driveway found in Chapter 441 of Title 67 of the Pennsylvania Code and with the requirements of § 410-31B of Chapter 410, Subdivision and Land Development, of the Code of the Township of Lower Windsor. The Board of Supervisors may establish additional guidelines or alter guidelines for the construction of driveways from time to time, by resolution of the Board of Supervisors.
Before any work shall be started and before said permit shall
be issued, the applicant shall pay to the Township a permit fee for
all new construction as set forth from time to time by resolution
of the Board of Supervisors.
Upon receipt of such application and payment of fees as provided
for herein, the Township shall refer said application to the Township
Roadmaster or Township Engineer for inspection and recommendation.
The Township shall receive the recommendation of the Township Roadmaster or Engineer, and, if it appears that the driveway, as proposed, may be established in accordance with the standards set forth in § 200-4 of this chapter and with regard to the drainage conditions then in existence or as contemplated, the permit to establish or construct or alter the driveway shall be issued; otherwise, such application shall be denied.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, 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. 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.
This chapter shall be enforced by the Township Manager, Permit Officer, or Lower Windsor Township Police Department, any one of whom may commence or pursue enforcement proceedings pursuant to § 200-8 of this chapter. This chapter may also be enforced through an action in equity brought in the Court of Common Pleas of York County.
This chapter shall become effective five days after date of
enactment as provided by law.
