[Adopted 10-19-1978 by Ord. No. 78-03]
[Amended 12-21-2000 by Ord. No. 04-04]
From and after the effective date of this article,
it shall be the duty of the owner of any private road that connects
two or more dwelling units, two or more office units, two or more
commercial units, two or more industrial units or any combination
thereof, to commence removal of, at his expense, snow or ice from
such private road, by snow plowing, snow blowing, cindering or salting
within a period of two hours after the commencement of any fall of
snow or accumulation of ice.
Following initial removal of such snow or ice as required by § 163-2 hereof, it shall be the duty of such owner, during any period of continued snow fall or ice accumulation, to continue to plow, cinder and salt such private road and to maintain such private road in at least the same condition as Township roads are maintained during such periods. Specifications for Township road maintenance during periods of snow and ice accumulation shall be maintained by and be available from the office of the Township Manager during regular business hours or, in the event of emergency conditions, at any other time from the Township Police Department.
In the event of snow accumulation in excess
of one inch, or such ice accumulation as, in the opinion of the West
Brandywine Township Police Department, causes hazardous driving conditions,
and noncompliance by the owner of any private road with §§ 162-2
and 163-3 of this article, the Police Department shall notify the
owner to remove such snow or ice accumulation as herein required.
In conjunction with such notification, it shall be the responsibility
of all owners of private roads in West Brandywine Township to register
with the West Brandywine Township Police Department, the name, address
and telephone number of such owner or his agent to whom notification
is to be given by the Police Department pursuant to this section.
Thereafter, telephonic notification or the bona fide attempt thereat
by the Police Department shall constitute sufficient notice for the
purposes of this article.
From and after the passage of this article, it shall be unlawful for the owner of any private road affected by the provisions of this article to permit the accumulation of snow and/or ice in violation hereof, and all such accumulation is hereby declared to be a nuisance and detrimental to the health, safety and welfare of the inhabitants of the Township, and such nuisance may be abated as provided in § 163-6 hereof.
In the event the owner of any private road within the provisions of this article fails, after notice pursuant to § 163-4 hereof, to comply with the provisions of §§ 162-2 and 163-3 hereof, the Township may, at its own option, plow, cinder and/or salt such private roads in such fashion as Township shall deem necessary. Such action by the Township shall not relieve the owner of penalties for violation of this article. Township may, thereafter, by proper accounting means, compute the cost of such corrective action on its part and either file a lien against the property from which the nuisance was removed or by which it is caused or proceed by civil suit against such owner for collection of such cost.
[Amended 2-6-1997 by Ord. No. 97-01; 12-21-2000 by Ord. No.
04-04]
Any owner who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and punishable by a fine
of not 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 article that is violated
shall also constitute a separate offense.
