[HISTORY: Adopted by the Board of Supervisors of the Township
of Buffalo 9-5-2012 by Ord. No.
63. Amendments noted where applicable.]
This chapter shall be known as the "Maintenance Construction,
Reconstruction and Repair of Driveways/Drainage Ordinance of Buffalo
Township."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter is enacted pursuant to the authority conferred
by applicable law, including the Second Class Township Code, and the
Pennsylvania Motor Vehicle Code and is intended to include and be
subject to all provisions of applicable Pennsylvania law and regulations
promulgated or to be promulgated under the Pennsylvania Code and Statutes.
The following words, when used in this chapter, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates a different meaning:
The area adjacent to any public property or Township roadway
which is provided to allow access to or from a Township roadway or
property adjacent to the roadway.
Any natural person, partnership, firm, association or corporation.
The entire width between the boundary lines of every road
or way, publicly maintained, when any part thereof is open to the
use of the public for purposes of vehicular traffic.
Every owner of property in the Township of Buffalo shall, at
his own expense, on 20 days' notice from the Township Roadmaster,
Supervisors or their authorized designee, construct or reconstruct,
maintain or repair a driveway or portion thereof, including the drainage
system on or under said property and/or driveway, adjacent to a public
property or Township roadway. Said work shall conform to all applicable
requirements of this chapter and the Code of Buffalo Township. In
the event that any property owner, after receiving due notice in accordance
with this chapter, fails to construct or reconstruct, maintain or
repair a driveway or said drainage system, in accordance with the
provisions of this chapter; the Township of Buffalo may, in its discretion,
perform said necessary construction, reconstruction, maintenance or
repair and it shall be the responsibility of the property owner to
reimburse the Township for any and all costs incurred by the Township
in performing said work as aforementioned. Upon the failure of any
property owner to reimburse the Township for said costs as aforesaid,
the Township may, in its discretion, enter a lien upon said property
to satisfy said costs and take any other action to recover all costs
and expenses incurred by the Township, as provided by law.
The notice referred to in the sections of this chapter shall
be served by the Township Supervisors or the Secretary or their representative
or agent, upon the property owner by mailing said notice by first
class mail, postage prepaid, to the last known address for said property
owner or to the last known address for the subject property owned
by said property owner.
All driveways or portions thereof, shall be constructed, reconstructed
and/or repaired of asphalt, concrete or other suitable material, consistent
with the composition of the remaining portion of the driveway. Said
work shall be completed in a manner acceptable to the Code Enforcement
Officer, Township Engineer, and/or Roadmaster and only according to
specifications determined, from time to time, by Ordinance or by the
Code Enforcement Officer or Engineer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be the duty and responsibility of the Roadmaster, Code
Enforcement Officer, Supervisors, and/or Engineer to determine whether
or not any specific driveway, drainage system, or portion thereof
shall be reconstructed or repaired and, if so, the specific part or
parts thereof to be reconstructed or repaired. Said determination
shall be made in accordance with the terms and provisions of this
chapter and the Code of the Township and the Second Class Township
Code. The Roadmaster, Code Enforcement Officer or Engineer may, at
any time during the course of work or construction, reconstruction
or repairing any driveway or drainage system, visit the site of such
work to determine whether such work is being done according to these
requirements. Within two days after the completion of the work or
construction, reconstruction or repair of any such driveway or drainage
system, the owner of the property shall notify the Township that said
repairs have been completed so that the Township may inspect such
driveway and/or drainage system to determine whether the work is in
compliance with the requirements of this chapter and the Second Class
Township Code.
All driveways adjacent to any public property or Township roadway,
situate in the Township of Buffalo, shall be graded to provide reasonable
access to the said Township road or roadway adjacent to said driveway,
so as to avoid the collection of soil, rock, debris, water, snow or
ice or any other debris or materials which may constitute a hazard
to any person traversing the said road or roadway adjacent to said
driveway. In the event that any person or property owner, after receiving
due notice in accordance with this chapter, fails to construct or
reconstruct, maintain or repair a driveway, drainage system or portion
thereof, in accordance with the provisions of this chapter, the Township
of Buffalo may, in its discretion, perform said necessary construction,
reconstruction, maintenance or repair and it shall be the responsibility
of the property owner to reimburse the Township for any and all costs
incurred by the Township in performing said work as aforementioned.
Upon the failure of any property owner to reimburse the Township for
said costs as aforesaid, the Township may, in its discretion, enter
a lien upon said property to satisfy said costs and take any other
action to recover all costs and expenses incurred by the Township,
as provided by law.
Any property owner, upon his own initiative, and without notice
from any Township authority, may construct, reconstruct or repair
a driveway or any drainage system servicing said property, and adjacent
to any public property or Township road or roadway; provided, that
if said driveway or drainage system shall abut a Township road or
roadway, the owner shall first make application to and obtain approval
from the Township Supervisors or their authorized designee and shall
conform with the requirements of this chapter and the requirements
of the Code of the Township.
It shall be the duty of all owners, tenants, persons, temporary
occupants of property and if the property is vacant, then the owner
or owners thereof, to keep the driveway of their property and property
adjacent to any public property and Township road or roadway, clean
and free from all water, snow, soil, stones, rock, debris and/or other
substance of whatsoever nature, which may interfere with the free
safe use of the driveway or the adjacent street or highway.
[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 conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not less than $100 nor more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
Applicants for a permit under this chapter must file in person
with the Secretary of the Township a sworn application in writing
on form to be furnished by the Township. An applicant shall provide
all information or documentation reasonably requested by the Township,
including the following information:
A.
Name and address of applicant;
B.
Complete permanent home and/or business address of the applicant
and the owner where said work is to be performed;
C.
A description of the nature of the work to be performed;
D.
The name and address of the contractor, individual or entity performing
said work;
E.
Any other information reasonably requested by the Township.
The Township Secretary and/or Code Enforcement or Zoning Officer
may endorse on the application his approval and upon approval, may
deliver to the applicant his or her permit.
The Board of Supervisors or its agents may enter any lands or
enclosures and cut, open, maintain and repair drains or ditches through
the property when necessary to carry the water from the roads. Any
person who damages or diverts any drain or ditch without the authority
of the Board of Supervisors commits a summary offense and is liable
for the cost of restoring the drain or ditch. All fines and moneys
so recovered shall be paid to the Township treasurer. In addition,
the Board of Supervisors may purchase or hire materials, equipment,
machinery and implements necessary for the construction, repair and
maintenance of roads and bridges and make and maintain bridges over
streams, gullies, canals and railroads where bridges are necessary
for the ease and safety of travelers. The bridges shall be deemed
to be a part of the road. The Board of Supervisors may construct,
reconstruct and improve and contract for the construction, reconstruction
and improvement of roads in the Township.
The provisions of this chapter are severable. If any sentence,
clause, or section of this chapter is for any reason found to be unconstitutional,
illegal or invalid, such unconstitutionality, illegality, or invalidity
shall not effect or impair any of the remaining provisions, sentences,
clauses or sections of this chapter. It is hereby declared to be the
intent of the Board of Supervisors of Buffalo Township that this chapter
would have been adopted had such unconstitutional, illegal or invalid
sentence, clause or section not been included herein.
This chapter shall be effective as set forth above, immediately
upon enactment and advertising as required by law.
