[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Uwchlan 5-18-1981 by Ord. No. 81-01.
Amendments noted where applicable.]
This chapter shall be known as the "Upper Uwchlan
Township Driveway Ordinance of 1981."
It is the intent of this chapter to regulate the construction of driveways and private roads, which are not applicable to Chapter 162, Subdivision and Land Development, and lots not involved in subdivisions, in order to provide safe access and protection to Township or state roads.
A.
Any person, partnership or corporation who shall construct
or alter an access road, lane or driveway, hereinafter "driveway,"
within 25 feet of the public right-of-way shall first make application
to the Building Code Officer or other designated official of the Township,
present plans and obtain a permit for said construction.
B.
No building permit will be issued without first obtaining
a permit to construct such access road, lane or driveway.
A plan shall be submitted with each application
which shall include at least the following:
A.
Grade. The driveway within the legal right-of-way
of the public road shall not have a grade in excess of 5%. So much
of the driveway that extends from the legal right-of-way for a distance
of 25 feet shall not have a grade exceeding 16%.
B.
Material. The driveway within the legal right-of-way
of the public road (Township or state) shall be constructed with a
base of Pennsylvania 3A stone compacted to four inches and a surface
of a minimum of 1 1/2 inch ID-2A bituminous concrete.
C.
Width. No driveway shall be less than 12 feet wide
within the limits of the legal right-of-way.
E.
A minimum of one parking space within the right-of-way
but off the paved cartway shall be provided where the grade beyond
the right-of-way exceeds 8%.
A.
The gutter line, wherever possible, shall be maintained
as a paved swale. It shall have a maximum depth of four inches and
a minimum width of 24 inches.
B.
A pipe may only be placed under the drive entrances
when approved by the Township Engineer. The condition where a pipe
will be accepted will be governed by the gutter depth on each side
of the drive. The minimum pipe size under driveway will be determined
by the Township Engineer.
Where, due to the unusual topography, grade,
size, width or other dimensions of a lot or the placement of structures
thereon, literal compliance with this chapter would be rendered physically
impossible or where such compliance would, by reason of excessive
cuts or fills, otherwise render the lot unusable, the Board of Supervisors
shall be and hereby is authorized to grant reasonable variances from
the literal requirements of this chapter. Such variances, when granted,
shall not be contrary to the public health, safety, morals or welfare
nor at variance with the spirit and purpose of this chapter nor shall
the variance be any greater than the minimum variance necessary to
remove or mitigate the hardship imposed. No variance shall be granted
where the hardship for which a variance is sought was created by the
developer by reason of the layout of any subdivision, installation
and design of any road or other cause within the control of the developer.
Any structure erected in violation of the provision
of this chapter or in violation of any plan or permit shall be and
hereby is declared to be a public nuisance.
[Amended 1-17-2006 by Ord. No. 06-01]
Any person violating the provisions of this
chapter or constructing any driveway at variance with the terms of
this chapter or at variance with the terms of any plan finally approved
by the Township or at variance with the terms of any permit issued
hereunder 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. No judgment shall be imposed until the date of the
determination of the violation by the Magisterial District Judge.
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.
In addition to the remedies provided in immediately
proceeding section and not in substitution thereof, the Township,
through the Board of Supervisors may institute and prosecute any other
action at law or in equity for the abatement or removal of violating
structure or the Township may in its discretion, in addition to the
other remedies herein provided, enter upon the lands where the violating
driveway exists and cause the same to be removed and recover the cost
of such removal from the owner, occupier, and/or contractor, all of
whom are declared to be jointly and severally liable to the Township
for such costs and expenses incurred.
