This Article shall be known and may be cited as the "Curb Cut and Driveway
Approach Ordinance of the Township of Lower Makefield."
It shall be unlawful for any person to cut or break any curb and/or
to construct and maintain any driveway approach unless such person shall first
have obtained a curb cut and/or driveway approach permit therefor from the
Township or its designee as herein provided.
The Township Engineer shall prepare the necessary specifications for
curb cut and/or driveway approach construction. The specifications shall be
adopted by resolution of the Township Board of Supervisors.
The Township Engineer shall be responsible for the inspection of all
curb cuts and/or driveway approaches.
No curb cut and/or driveway approach shall interfere with municipal
facilities such as street-lighting poles, traffic signal standards, signs,
catch basins, hydrants, crosswalks, bus-loading platforms, utility poles,
fire alarm supports, underground pipes or ducts or other necessary street
structures. The Township Engineer is authorized to order and effect the removal
or reconstruction of any driveway approach which now conflicts with street
structures or which will conflict with street structures in the future. The
cost of removing, reconstructing or locating such curb cuts and/or driveway
approaches shall be at the expense of the abutting property owner.
Any plans submitted to the Building Inspector for approval which include
or involve unusual curb cuts and/or driveway approaches or problems shall
be referred by the Building Inspector to the Township Engineer for his approval
before a building permit is issued.
The Township Board of Supervisors is hereby authorized to grant, in
writing, variances from the strict application of the provisions of this Article,
provided that it first determines that the following conditions are present:
A. The variance request arises from peculiar physical conditions
not ordinarily existing in similar locations in the Township or is due to
the nature of the business or operation on the abutting property.
B. The variance desired is not against the public interest,
particularly safety, convenience and general welfare.
C. The granting of the permit for the variance will not
adversely affect the rights of adjacent property owners or tenants.
D. The strict application of the terms of this Article will
work unnecessary hardship on the property owner or tenant.
Any owner, tenant, builder, contractor, architect, workman or other
person who shall cut any curb and/or construct any driveway approach or shall
do or cause to be done any work in the cutting of any curb and/or the construction
of any driveway approach without first having secured a permit as required
by this Article or who shall fail to comply with any of the requirements of
said permit or of this Article or its regulations or who shall fail to comply
with any regulation, order or direction of the Township Engineer or who shall
in any way violate any of the provisions of this Article or its regulations,
shall be liable, upon conviction thereof, to a fine not exceeding the sum
of $1,000, plus costs of prosecution, including reasonable attorney's
fees, for each and every offense. Whenever such person shall have been notified
by the Township Engineer or by the service of summons or by arrest in any
prosecution for violation of the Article or by any other means whatever that
he is committing violation of this Article, each day in which he shall continue
such violation following such notice shall constitute a separate offense punishable
by a like fine. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable rules of
civil procedure.