[Ord. 6-2015, 9/9/2015]
1.
Many Township roads located in Lower Oxford Township border farmland
and other open space.
2.
It has been noted by the Board of Supervisors that recent farming
and landscaping practices involve plowing, cultivating or otherwise
disturbing land up to the edge of the Township roadway, causing the
obstruction of the roadway by the washing of large amounts of soil
and rocks and other debris onto the surface of the road, which constitutes
a nuisance.
3.
The height of vegetative cover can obstruct sight distance at intersections
and thereby create a hazard to the health and safety of the citizens
of the Township and further create an obstruction to the convenient
use of the roads of the Township.
4.
Therefore, this Part 3 is enacted to remedy these hazardous conditions.
[Ord. 6-2015, 9/9/2015]
As used in this Part, the following terms shall have the meanings
indicated:
The maximum measured distance along a crossing highway at
which a driver stopped at a side road or driveway along that highway
can continuously see another vehicle approaching. For the purpose
of measuring the available sight distance, the height of both the
driver's eye and the approaching vehicle should be assumed to
be 3.5 feet above the road surface.
Any use of an implement or other means of overturning sod
or other vegetative cover to leave bare soil exposed.
The act of using an agricultural implement or other device
with the specific intention of removing or turning over sod or other
vegetative substance for the purpose of planting a crop. Plowing shall
include the use of "chisel plows" or other implements that do not
overturn the sod totally but are used for the purpose of preparing
soil for planting.
The act of removing vegetative cover or recontouring the
soil for landscaping or stormwater control purposes.
That area which is not less than 33 feet nor more than 120
feet and that minimum width required for necessary slopes in cuts
or fills as more particularly described in the Second Class Township
Code, Section 2306, "Width of Public Roads."[1]
The entire paved width between the boundary lines of every
way, lane, alley, court or public square maintained by the Township
which is open to the use of the public for purposes of vehicular travel
(Section 102, Pennsylvania Second Class Township Code).[2]
[Ord. 6-2015, 9/9/2015]
1.
No person shall create or allow the creation of a traffic hazard
or obstruction to the convenient use of roads of Lower Oxford Township
by the plowing, cultivating or otherwise disturbing or removing of
sod or other vegetative cover from that area which is measured from
the edge of the cartway of a Township road for a distance of six feet,
so that a six-foot strip of undisturbed vegetative cover shall remain
along all Township roads.
2.
No person shall allow any material, either crop or other vegetative
material, or obstruction to be planted or placed at the intersection
of any Township road, even outside the right-of-way, whose height
exceeds 36 inches in height at maturity and whose existence creates
a traffic hazard by interfering with the corner sight distance at
said intersection.
3.
No person shall obstruct a roadway by depositing on, or allowing
deposits of, mud, dirt, silk, corn fodder, manure, grass clippings,
leaves and other debris to remain on Township cartways so as to obstruct
the road or create a nuisance therein.
4.
No person or persons shall deposit field stone or decorative stone,
brick, or other debris within the rights-of-way of any Township roads.
5.
No person shall obstruct a road by erecting, creating or maintaining
a fence, wall or any building or other structure, nor shall they plant,
nurture, or maintain trees or shrubbery within the rights-of-way or
cartway of any Township road.
[Ord. 6-2015, 9/9/2015]
Liability for the disturbance of the roadway border or over
landscaping planting resides with the property owner or tenant, and
any of their employees, servants or agents and further upon any independent
contractor performing any cultivating or earthmoving activities on
behalf of either a landowner or a tenant.
[Ord. 6-2015, 9/9/2015]
In the event of temporary grading for landscaping purposes,
it shall be unlawful for any individual property owner, tenant, employee,
servant, agent or independent contractor employed for the benefit
and for any of the preceding individuals or other legal entities to
leave soil which has been worked and remains without cover. Any such
disturbance which is for temporary landscaping purposes shall, at
the close of work on every day, be covered with materials placed to
prevent the soil from running into the roadbed.
[Ord. 6-2015, 9/9/2015]
1.
Any person or organization who fails to comply with the regulations
of this Part shall be in violation of it and shall be subject to a
penalty of not less than $500 for each offense. In addition, if enforcement
is required at the magisterial district level, both those costs as
well as attorneys' fees shall be added to the establishment of
the penalty amount. Each day or portion thereof in which a violation
exists shall be considered a separate violation.
[Ord. 6-2015, 9/9/2015]
The provisions of this Part are severable; and if any of its
provisions are ruled by court invalid or unconstitutional, such decision
shall not affect or impair any of the remaining provisions of this
Part. It is declared to be the intention of Lower Oxford Township
that this Part would have been adopted if such invalid or unconstitutional
provision had not been included.
