Township of Butler, PA
Butler County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Butler as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 138.
Grading and excavating — See Ch. 188.
Streets — See Ch. 245.
Subdivision and land development — See Ch. 252.
[Adopted 9-25-2006 by Ord. No. 822]

§ 158-1 Purpose.

The purpose of this article is to regulate the location, design, construction, maintenance and drainage of all public and private driveways that provide a means of access to any public street for the purpose of security, efficiency of maintenance, preservation of proper drainage and safe and reasonable access.

§ 158-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
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.
CARTWAY/ROADWAY
That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from properties abutting a highway. The term includes proposed streets, lanes, alleys, courts, and ways.
PAVEMENT EDGE
The edge of the main traveled portion of any highway, exclusive of shoulder.
PERSON
Any natural person, firm, copartnership, association, corporation, or political subdivision.
RIGHT-OF-WAY
The area which has been acquired by the Township of Butler for highway purposes.
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.
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 traveling.
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.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

§ 158-3 Driveways in existence on effective date of article.

It shall be unlawful for any driveway existing on the effective date of this article to be altered, surfaced with a stabilized material, resurfaced, replaced or repaired unless said alterations, surfacing or resurfacing and/or replacement/repair are made in accordance with specifications adopted from time to time by resolution of the Board of Commissioners.

§ 158-4 Driveways built on and after effective date of article.

A. 
Permit required. Before any driveway may be constructed and before any curb cut may be made, a permit shall be obtained from the Township of Butler.
B. 
Standards for the construction of driveways built on and after the effective date of this article. All driveways shall be constructed and installed strictly in accordance with the provisions of 67 Pa. Code §§ 441.6, 441.7, 441.8 and 441.9, as amended. The provisions set forth in 67 Pa. Code §§ 441.6, 441.7. 441.8 and 441.9, as amended from time to time, are hereby referred to, adopted and made a part hereof as if fully set out in this article.

§ 158-5 Fee.

The fee for a driveway or curb cut permit shall be established from time to time by resolution of the Board of Commissioners.

§ 158-6 Correction of improper work.

In case any person shall construct a driveway and shall not conform to the requirements of this article, the Board of Commissioners may order such person, firm or corporation to remove the improper work and replace the same in compliance with this article. Notice to remove and replace improper work shall be given by registered or certified mail, and shall state that the person, firm or corporation shall have five days from receipt of the notice to comply therewith. Upon noncompliance, the Township of Butler may do or cause the requested repairs to be done and may levy the cost of its work on such owner as a municipal lien to be collected in any manner provided by law.

§ 158-7 Violations and penalties.

Any person, firm or corporation who shall fail to obtain a permit before constructing a private driveway or making a curb cut shall, upon conviction thereof, be sentenced to pay a fine not more than $300, and/or to imprisonment for a term not to exceed 90 days. Each day that a violation of this article continues shall constitute a separate offense.
[Adopted 9-25-2006 by Res. No. 06-21]

§ 158-8 Finished surface.

The finished surface of any driveway shall be maintained at or below the elevation of the finished surface of the cartway (traveled portion) of the public street or thoroughfare for not less than two feet from the point of intersection of the driveway and the cartway of the public street.

§ 158-9 Discharge of surface water prohibited.

No surface water shall be permitted to be discharged onto the cartway (traveled portion) of the public street or thoroughfare.

§ 158-10 Material to extend to pavement edge.

All stabilized and nonstabilized material of the driveway shall extend to the pavement edge of the cartway of the public street or thoroughfare.

§ 158-11 Stabilized material prohibited on cartway.

No stabilized material shall be installed on the cartway of the public street or thoroughfare.

§ 158-12 Repair of damage.

Any damage to the public street from construction or use of a driveway shall be repaired by the owner of the property serviced by the driveway in accordance with the provisions of § 158-6 of Article I.