Township of Hempfield, PA
Westmoreland County
[HISTORY: Adopted by the Board of Supervisors of the Township of Hempfield 3-9-1981 as Ord. No. 81-4; amended in its entirety 7-25-2011 by Ord. No. 2011-05. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Street excavations — See Ch. 74.
Streets and sidewalks — See Ch. 75.
Subdivision of land — See Ch. 76.
Zoning — See Ch. 87.
043a Appendix A-1 and A-2 043b Appendix B-1 through B-6 043c Appendix C-1 043d Appendix D-1 through D-6 043e Appendix E-1 through E-6

§ 43-1 Title.

This chapter shall be known as the "Hempfield Township Driveway Permit Ordinance."

§ 43-2 Intent.

The intent of this chapter is to provide minimum standards to safeguard persons, to protect property, and to regulate the location, design, construction, maintenance and drainage of access driveways constructed within the Township of Hempfield.

§ 43-3 Definitions.

Wherever used in this chapter, the following words shall have the meanings indicated:
ACCELERATION LANE
The portion of roadway adjoining the traveled way constructed for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can safely merge with traffic.
ACCESS
A driveway, street or other means of passage of vehicles between the highway and abutting property, including acceleration and deceleration lanes and such drainage structures as may be necessary for the proper construction and maintenance thereof.
CURBLINE
A line formed by the face of the existing curb or, in its absence, the outer edge of the shoulder, along which curbing is or may be located.
CULVERT/DRAINPIPE
A structure that carries water from one side of a road, driveway or other obstruction to the other. A culvert is opened at both ends. In addition thereto, a natural drainage channel for the purpose of conveying water along a side of a road, underneath a driveway or other obstruction to the other.
DECELERATION LANE
The portion of the roadway adjoining the traveled way constructed for the purpose of enabling a vehicle that is exiting a roadway to slow to a safe speed after it has left the mainstream of traffic.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from properties abutting a street. The term includes proposed streets, lanes, alleys, courts and ways.
DRIVEWAY WIDTH
The narrowest width of a driveway measured perpendicular to the center line of the driveway.
EGRESS
The exit of vehicular traffic from abutting properties to a highway.
EQUIPMENT
All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and completion of work.
FORM 408
The latest revision of highway construction specifications issued by the Pennsylvania Department of Transportation.
FRONTAGE WIDTH
The distance along the right-of-way line in front of an abutting property.
HIGH-VOLUME DRIVEWAY
A driveway used or expected to be used by more than 1,500 vehicles per day.
IMPROVED AREA
The area within the right-of-way which has been constructed for street purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities, and any other appurtenances.
INGRESS
The entrance of vehicular traffic to abutting properties from a street.
INSPECTOR
The Township's authorized representative assigned to inspect permit operations.
LOW-VOLUME DRIVEWAY
A driveway used or expected to be used by more than 25 but less than 750 vehicles per day.
MEDIUM-VOLUME DRIVEWAY
A driveway used or expected to be used by more than 750 but less than 1,500 vehicles per day.
MINIMUM-USE DRIVEWAY
A residential or other driveway which is used or expected to be used by not more than 25 vehicles per day.
OWN
To hold title to land or a building or be a tenant in a lease that will not terminate within 15 years of the permit issuance date.
PAVEMENT EDGE
The edge of the main traveled portion of any street, exclusive of shoulder.
PERMANENT CURBING
Plain or reinforced cement concrete or asphalt curb which meets Township standards.
PERMIT
A street occupancy permit issued by the Township pursuant to this chapter.
PERSON
Any natural person, firm, copartnership, association, corporation, or political subdivision.
PLANS
Drawings which show the location, character, and dimensions of the proposed occupancy and related street features, including layouts, profiles, cross sections, drainage, and other details.
PROPERTY LINE CLEARANCE
The distance measured along the pavement edge or curb between the property frontage boundary line and near edge of the driveway.
PUBLICATION 43
A Pennsylvania Department of Transportation publication, sometimes called "Bulletin 43," containing requirements for the maintenance and protection of traffic on construction projects.
PUBLICATION 68
A Pennsylvania Department of Transportation publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways.
PUBLICATION 90
A Pennsylvania Department of Transportation publication containing requirements for work area traffic control during highway maintenance operations and utility work.
RIGHT-OF-WAY
The area which has been acquired by the Township for street purposes.
ROADWAY
That portion of a street improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.
STREET-CONSTRUCTION STANDARDS
Township design standard for street construction.
SETBACK
The lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will result in space for vehicles to stop or park between such objects and the right-of-way line.
SHOULDER
The portion of the roadway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses and pavements.
SHOULDER LINE
The intersection of the shoulder slope with the side slope or ditch slope.
SIDEWALK
A paved walkway, continuous for a reasonable distance and an integral part of the street, constructed solely for use by pedestrians.
STABILIZED MATERIAL
Any aggregate such as aggregate cement, aggregate bituminous or lime pozzolan, placed in such a manner as to provide a smooth, stable, all-weather surface not subject to undue raveling.
STOPPING SIGHT DISTANCE
The distance required by a driver traveling at a given speed to stop the vehicle after an object on the roadway becomes visible to the driver.
STREET
Includes street, road, lane, alley, or court, intended for public use and shall include the cartway, sidewalk, gutter or right-of-way area, whether or not such street, or any part thereof, is owned in fee by others within the Township.
TRAVELED WAY
The portion of the street for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
TRAFFIC CONTROL DEVICE
Any sign, signal, marking or device placed or erected for the purpose of regulating, warning or guiding vehicular traffic or pedestrians, or both.
TURNING RADIUS
The radius of an arc which approximates the turning path of the exterior corner of a vehicle.
VEHICLE
Every device in or by which any person or property is or may be transported or drawn upon a highway. The term includes special mobile equipment as defined in the Vehicle Code of the Commonwealth of Pennsylvania.

§ 43-4 Application; inspection; issuance or denial of permit.

A. 
No person, partnership, corporation, or any other type of entity shall hereafter construct, build, alter, rebuild or establish any driveway or access road intersecting with any portion of a Township street without there first being filed by said person, partnership, corporation or any other type of entity an application for a driveway permit, on a form as to be supplied by Hempfield Township, for the construction, building or establishment of the same. Said application shall be made to the Hempfield Township Zoning Office.
B. 
The Hempfield Township Zoning Office shall, before the issuance of any driveway permit or access permit pursuant to the application made, inspect the plans and specifications of the proposed construction in order to ensure that the same are in conformity with all applicable ordinances of the Township of Hempfield regulating and controlling the use and maintenance of the Township roads and rights-of-way; and, further, to ensure that the driveway shall be installed in accordance with the guidelines as established by the following sections of the Pennsylvania Code, Title 67, Transportation, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, as amended from time to time:
Code Section Description Appendix Location*
67 441.3(f); Traffic control plan Appendix A-1
67 441.3(g); Drainage plan for other than minimum use driveways Appendix A-1
67 441.3(h); Drainage release for other than minimum use driveways Appendix A-2
67 441.3(i); Plans for other than minimum use driveways Appendix A-2
67 441.6 (1) (i), (ii), (iii), (iv), (v), (vi) and (viii); Permit general conditions Appendix B-1
67 441.6 (3); Department standards Appendix B-1
67 441.6(4); Permitee responsibility Appendix B-2
67 441.6(5); Restoration of slopes Appendix B-3
67 441.6(6); Altering existing drainage Appendix B-3
67 441.6(7); Disposition of materials Appendix B-3
67 441.6(8); Equipment damaging highway Appendix B-3
67 441.6(9); Traffic protection & maintenance Appendix B-4
67 441.6(10); Restoration Appendix B-4
67 441.6(11); Approval by inspector Appendix B-4
67 441.6(12); Maintenance of adjacent driveways & property Appendix B-4
67 441.6(13); Indemnification Appendix B-4
67 441.6(14); Insurance certification Appendix B-5
67 441.6(15); Repairing damage to a highway Appendix B-5
67 441.6(43); Future additional driveways Appendix B-6
67 441.6(17); Use of highway prohibited Appendix B-6
67 441.7; General driveway requirements Appendix C-1
67 441.8; Driveway design requirements Appendix D-1
67 441.8(a)(ii)-(iv) Minimum, low, medium & high volume standards Appendix D-1
67 441.8(b) Angle of access driveway approach Appendix D-2
67 441.8(f) Site requirements for nonresidential driveways Appendix D-3
67 441.8(g) Curbing requirements Appendix D-3
67 441.8(h) Site distance requirements Appendix D-5 — 7
67 441.8(i) Grade of access driveway Appendix D-8 — 12
67 441.81(j)-(o) Various commercial driveway considerations Appendix D-13 — 15
67 441.9 Minimum use driveway design requirements Appendix E-1
67 441.9 Low volume driveway design requirements Appendix E-2
67 441.9 Medium volume driveway design requirements Appendix E-3
67 441.9 High volume driveway design requirements Appendix E-4
67 441.9 Fuel station — Undivided roadway Appendix E-5
67 441.9 Fuel station — Divided highways Appendix E-6
NOTES:
* The appendixes are located at the end of this chapter.
With respect to the aforesaid, all references to the "Department and/or District Office" shall mean the "Township of Hempfield."
C. 
The Hempfield Township Zoning Office shall issue a driveway permit when it has been determined that the construction and/or location of the new driveway or access road will not violate any ordinances of Hempfield Township and is in conformity with the standards set forth by the Pennsylvania Department of Transportation as aforesaid.
D. 
The Hempfield Township Zoning Office shall deny the issuance of a driveway permit if there are found to exist violations of ordinances of Hempfield Township concerning the construction and/or location of such new driveway or access road or if the proposed location fails to meet the minimum standards as set forth by the Pennsylvania Department of Transportation as aforesaid.
E. 
In the event of a denial of a driveway permit under the terms hereof, the applicant shall have the right of appeal for reconsideration directly to the Hempfield Township Board of Supervisors, which said appeal shall be considered by the Board at a public meeting following due notice to the applicant.
F. 
All applications for a permit shall also comply with Chapter 72 of the Code of the Township of Hempfield.[1]
[1]:
Editor's Note: See Ch. 72, Stormwater Management and Land Disturbance Activity.
G. 
Where culverts are required, the following minimum requirements shall be observed.
(1) 
All culverts shall extend across the entire right-of-way width of the driveway. The cover over the culvert and its capacity shall be determined by the Director of Public Works. The minimum diameter of a culvert pipe shall be 12 inches, unless the Township Director of Public Works and/or the Township Engineer determine that a larger diameter pipe is required. Headwalls, depending on existing drainage conditions, may be required.
(2) 
Driveway culverts shall have a minimum length of 20 feet. The diameter of driveway culverts shall be subject to the determination of the responsible governmental official, depending upon jurisdiction. The driveway culverts shall be laid so as to maintain the flow lines of the ditch or gutter. Headwalls may be required.

§ 43-5 Application fee.

Any person, partnership, corporation or any other type of entity filing an application for a driveway permit with Hempfield Township shall, at the time of said filing, pay to Hempfield Township a fee as shall be set forth in a resolution duly adopted by the Board of Supervisors of Hempfield Township.

§ 43-6 Violations and penalties.

Any person, partnership or corporation violating any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not more than $500 per lot or parcel, plus all court costs, including reasonable attorney's fees incurred by the Township of Hempfield as a result thereof. Each day that a violation continues shall constitute a separate violation hereof, unless the District Justice determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the District Justice determination of a violation, and thereafter, each day that a violation continues shall constitute a separate violation. All moneys collected for such violations shall be paid over to the Township of Hempfield. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided. Further, the appropriate officers agents of the Township of Hempfield are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this chapter.