[Adopted 8-3-1999 by Ord. No. 114-99[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. I, Driveway Construction, adopted 5-4-1970 by Ord. No.
4-70, as amended.
This article shall be known as the "Jackson
Township Street Access Ordinance."
The purpose of this article is to establish
procedures to regulate the location, design, construction, maintenance
and drainage of driveways, access drives, streets and other property
within Township street rights-of-way to ensure the security, economy
of maintenance, preservation of proper drainage and the safe, reasonable
access of Township streets.
Issuance of a permit under these regulations
does not relieve the permittee from any additional responsibility
to secure other federal, state or local approvals or permits as may
be required by law.
Unless the context specifically and clearly
indicates otherwise, the meanings of the terms used in this article
shall be as follows:
A private minor vehicular right-of-way, other than a street,
providing access from a street to a property or parking area within
a lot. Access drives shall be required for all commercial, institutional
(including but not limited to schools, hospitals and religious institutions)
and industrial uses, and all multifamily dwellings.
The portion of a street right-of-way which is paved, improved,
designated or intended for vehicular traffic, exclusive of the sidewalk,
curb or shoulder.
An area of unobstructed vision at street intersections defined
by the center lines of the streets and by a line of sight between
points on their center lines at a given distance from the intersection
of the center lines.
A lot abutting upon two streets at their intersection.
An improved surface for vehicular travel which provides access
between a street and a lot. For the purposes of this article, drives
for all residential uses (except multifamily) and all agricultural
uses shall be considered driveways.
MINIMUM USE DRIVEWAYA driveway normally used for not more than 25 vehicle trips per day, serving such uses as single-family dwellings, duplex houses or apartments with five units or less.
LOW-VOLUME DRIVEWAYA driveway normally used for more than 25 but fewer than 750 vehicle trips per day, serving such uses as office buildings, schools or car washes.
MEDIUM-VOLUME DRIVEWAYA driveway normally used for more than 750 but fewer than 1,500 vehicle trips per day, normally not requiring traffic signalization, serving such uses as motels, fast-food restaurants, service stations, small shopping centers or plazas and schools.
HIGH-VOLUME DRIVEWAYA driveway normally used for more than 1,500 vehicles per day, often requiring traffic signalization, serving such uses as large shopping centers, multibuilding apartment or office complexes and large motels.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The slope expressed in a percent which indicates the rate
of change of elevation in feet per hundred feet.
Pavements, curbs, sidewalks, water mains, sanitary sewers,
storm sewers, grading, street signs and plantings, and other items
required for the welfare of the property owners and the public.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land.
Normal care and upkeep of structures such as driveways and
stormwater conveyance systems. For the purposes of this article, maintenance
shall not include work that results in widening or relocation of such
structures, or in changing the type of surface material of a driveway
(i.e., overlaying a stone driveway with blacktop).
A building containing three or more dwelling units (such
as apartment house and garden apartments). All dwelling units are
located on a single lot and share with other units a common yard area.
The owner of record of a parcel of land.
An agreement by and between a contractor and a bonding company
in favor of the developer and the Township Board of Supervisors guaranteeing
the completion of physical improvements.
That person appointed by the Jackson Township Board of Supervisors
and given authority to issue building permits and other permits according
to Township ordinances.
A person who has been issued a permit by Jackson Township
under this article.
Any natural person or persons, association, partnership,
firm or corporation.
A legal right of passage across land occupied or intended
to be occupied by a street, crosswalk, railroad, road, electric transmission
line, oil or gas pipeline, water main, sanitary or storm sewer main,
shade trees or for another special use. If the right-of-way involves
maintenance by a public agency, it shall be dedicated to public use
by the maker of the plat on which such right-of-way is established.
Roads are grouped into the following four categories:
ARTERIALA highway primarily for fast or heavy traffic between major population centers.
COLLECTORA street which provides traffic movement between major arterials and minor or local streets.
MINORA local street which has little through traffic, but which is primarily intended to provide direct access to abutting properties.
SERVICE DRIVE or ALLEYA minor street which is used primarily for vehicle access to the back or side of properties otherwise abutting a street.
A public way, excluding driveways and access drives, which
affords the principal means of access to abutting properties, intended
to be used by vehicular traffic or pedestrians. Includes street, avenue,
boulevard, road, highway, freeway, lane, viaduct and any other dedicated
and accepted public right-of-way.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of other streets
upon which the lot abuts at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. Commonly known as the "street
right-of-way line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Jackson Township, York County, Pennsylvania.
A.
No driveway, access drive, street, drainage facility
or structure shall be constructed or altered within an existing Township
street right-of-way or easement area, or right-of-way or easement
area which has been offered for dedication to the Township by document,
subdivision or land development plan, whether or not accepted, and
no drainage facility of the Township shall be altered or connected
onto without first obtaining a permit from the Township.
B.
Applications for permits shall be submitted at least
10 working days prior to the anticipated start of work.
C.
The provisions of this article shall not be applicable
in those instances where the highway is maintained by the Pennsylvania
Department of Transportation or its successor.
All applications for permits shall be submitted
to the permit officer and shall be accompanied by two copies of a
plan which illustrates, at a minimum, the following, including dimensions
where applicable:
A.
Existing roadway pavement, ditches, rights-of-way
and relevant property lines, roadway appurtenances, utilities, medians
and other significant features that may affect the location of the
proposed driveway.
B.
Design features of existing and proposed driveways,
curbs, tapers, acceleration and deceleration lanes, including the
following:
C.
Distance from each existing and proposed driveway
to the following:
D.
Sight distance in each direction from each proposed
driveway.
E.
Existing roadside gutters, ditches, swales or stormwater
conveyance structures located between the applicant's property lines
which intersect the roadway.
F.
Location, depth and size of proposed stormwater swales,
pipes or other appurtenances which will be used to convey stormwater
issuing from, or passing by, the proposed driveway.
G.
Property owner's name, address and phone number.
H.
Contractor's name, address and phone number.
A.
Minimum use driveways. All plans for minimum use driveways
shall be reviewed by the Township Roadmaster or his designee for compliance
with the standards and requirements of this article. In addition,
the Township Engineer shall review all plans involving curbing or
piping.
B.
All other driveways. The Township Engineer shall review
all plans for low-, medium- and high-volume driveways.
The applicant shall pay to the Township an application
fee, as established from time to time by resolution of the Board of
Supervisors.[1]
[1]
Editor's Note: The current fees schedule is
on file in the office of the Township Secretary.
A.
General rule. A permit will be issued by the Township
if the application is in compliance with this article and other applicable
laws and ordinances. When appropriate, the permit may be issued subject
to specified conditions.
B.
Driveway permits shall be issued in the name of the
property owner(s).
C.
The Township may alter plans filed with the application
and specify any changes or modifications of any kind which it deems
necessary and may make its approval of the granting of any permits
subject to any such alterations, changes or modifications.
All grading, construction, installation and
erection shall be in strict compliance with the plans and specifications
on the basis of which the permit is granted.
When the applicant proposes construction or
restoration of improvements within the Township right-of-way or that
will be dedicated to the Township, the Township may require the applicant
to deposit with the Township financial security in the form of a corporate
bond or letter of credit acceptable to the Township Solicitor in an
amount sufficient to cover the costs of any improvements which may
be required for dedication to the Township. Such bond or other security
shall provide for, and secure to the public, the completion of any
improvements which may be required within this article.
All work performed within the Township right-of-way
shall be done at such time and in such manner as shall be consistent
with the safety of the public and shall conform to the Jackson Township
Construction and Materials Specifications (as amended). If at any
time it shall be found by the Township that the work is not being
done or has not been properly performed, the permittee, upon written
notification by the Township, shall, at his own expense, immediately
take the necessary steps to place the work into conformance with such
requirements or standards.
If any work authorized by any permit under this
article shall not have been commenced within six months after the
issuance of such permit, the permit holder must relinquish such unused
permit which shall thereupon become invalid. The permit fee under
these circumstances will not be returned or applied toward any future
permit.
Within seven days of the completion of the rough
grading of any such improvements and prior to the paving or installation
of any stone, the applicant shall notify the Township Roadmaster or
his designee that said rough grading has been accomplished. Within
seven days of this date, the Township Roadmaster or his designee shall
inspect the premises to determine the compliance with the plans and
the grades existing on the driveway. No further construction activities
shall be performed on the driveway prior to inspection and approval
by the Township Roadmaster or his designee.
All driveway improvements shall be completed
within 90 days of the approval of the rough graded driveway by the
Township Roadmaster or his designee; subject, nevertheless, to extension
granted by the Board of Supervisors due to truly extraordinary circumstances,
including but not limited to extended inclement weather making work
impractical or impossible.
Upon completion of any work authorized by the
permit, the holder of such permit shall report to the Township Roadmaster
or his designee, in writing, within 10 days of the date of completion.
The Township Roadmaster or his designee shall make a final inspection
within seven days of notification to determine compliance with permit
specifications.
B.
Driveways adjacent to intersections.
(1)
There shall be a minimum forty-foot distance
between the street right-of-way line of the intersecting street and
the beginning of the radius of the first permitted driveway or access
drive. (See Figure No. 6.[2])
[2]
Editor's Note: Figure No. 6 is included at the end of this chapter.
(2)
This offset distance shall be considered the
minimum distance; in the case of medium- and high-volume driveways,
the Township Engineer may require additional offset distance as needed
to preserve safe sight distance and traffic flow.
C.
Additional offsets.
D.
Curbing. The Township may require the permittee to
install curbing to facilitate drainage, or to prohibit vehicle encroachment
upon the sidewalk area, or as otherwise deemed necessary by the Township.
Where curb installation is required, the Township Engineer shall review
and approve both curbline and grade prior to construction.
E.
Sight distance. Driveways shall be located at a point
within the property frontage limits which provides at least the minimum
sight distance computed in accordance with the criteria listed in
the Jackson Township Required Sight Distance Table (Appendix A[3]). The sight distance shall be measured along the center
line of the street cartway, from a height of 3.75 feet to the height
of an object which is 0.5 foot above the street cartway. The point
shall be 15 feet from the edge of paving on the intersected street.
If sight distance requirements as specified in Appendix A cannot be
met, the Township may:
(1)
Prohibit left turns by exiting vehicles;
(2)
Restrict turning movements to right turns in
and out of a driveway;
(3)
Require installation of a right turn acceleration
lane or deceleration lane;
(4)
Require installation of a separate left turn
standby lane;
(5)
Require alteration of the horizontal or vertical
geometry of the street; or
(6)
Deny issuance of the permit.
[3]
Editor's Note: Appendix A is included at the end of this chapter.
F.
Clear sight triangle. Proper sight lines must be maintained
at all street intersections. Clear sight measured along street center
lines from their point of junction shall be provided at all intersections,
and no building, structure, grade or planting higher than three feet
above the center line of the street shall be permitted within such
sight triangles. The following clear sight distances shall apply:
|
Class of Street
|
Distance Along Major
(feet)
|
Distance Along Minor
(feet)
| |
|---|---|---|---|
|
Arterial
|
150
|
150
| |
|
Collector
|
150
|
150
| |
|
Minor
|
75
|
75
| |
|
Driveway
|
75
|
25
|
G.
Grade of driveway.
(1)
All driveways shall be constructed so as not
to impair drainage within the right-of-way, alter the stability of
the improved area or change the drainage of adjacent areas.
(2)
Where a drainage ditch or swale exists deeper
than 10 inches, the permittee shall install a pipe of adequate size
under the driveway, as approved by the Township Engineer. Wherever
possible, pipes under driveways shall be located outside of the Township
right-of-way.
(3)
No driveway shall be permitted to discharge
stormwater directly to the street, nor shall any driveway obstruct
the roadside swale. In lieu of a pipe, the permittee may be required
to construct a swale across the driveway to permit the unimpeded flow
of stormwater past the driveway.
(4)
Cuts. Where a driveway enters a bank through
a cut, unless a retaining wall is used, the slope of the cut may not
exceed 50% in slope within 25 feet of the point at which the drive
intersects the street right-of-way. The height of the bank must not
exceed three feet within 10 feet of the roadway. (See Figure No. 2.[4])
[4]
Editor's Note: Figure No. 2 is included at the end of this chapter.
(5)
Grade requirements in curbed and uncurbed streets
shall conform to Figure No. 1.[5]
[5]
Editor's Note: Figure No. 1 is included at the end of this chapter.
H.
Paving. The portion of a driveway within a street
right-of-way, and for a distance of 25 feet beyond that right-of-way,
shall be paved with a concrete, bituminous or other paving material
acceptable to the Township Engineer to prevent gravel or other loose
material from being carried onto the street. Materials used in the
construction of driveways within the public right-of-way shall conform
to the Jackson Township Construction and Materials Specifications.
A.
Any violation of this article shall be enforced by
equity suit for specific performance in the Court of Common Pleas.
The owner of the property shall be responsible for all expenses, including
but not limited to court costs, engineering and attorney's fees incurred
by the Township.
B.
All judgments, costs and attorney's fees collected
for the violation of this article shall be paid over to the Township.
