[HISTORY: Adopted by the Board of Commissioners of the Township of
Penn 10-18-2004 by Ord. No. 796.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Construction — See Ch. 63.
Land disturbance activity — See Ch. 144.
Land development — See Ch. 156.
Zoning — See Ch. 190.
[1]
Editor's Note: This ordinance was adopted as Chapter 16 but renumbered
for codification purposes.
This chapter shall be known as the "Penn Township Driveway Permit Ordinance."
The intent of this chapter is to provide minimum standards to safeguard
persons, to protect property, to regulate the location, design, construction,
maintenance and drainage of access driveways constructed within the Township
of Penn.
Wherever used in this chapter the following words shall have the meanings
indicated:
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.
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.
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.
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.
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.
The narrowest width of a driveway measured perpendicular to the center
line of the driveway.
The exit of vehicular traffic from abutting properties to a highway.
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.
The latest revision of highway construction specifications issued
by the Pennsylvania Department of Transportation.
The distance along the right-of-way line in front of an abutting
property.
A driveway used or expected to be used by more than 1,500 vehicles
per day.
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.
The entrance of vehicular traffic to abutting properties from a street.
The Township's authorized representative assigned to inspect
permit operations.
A driveway used or expected to be used by more than 25 but less than
750 vehicles per day.
A driveway used or expected to be used by more than 750 but less
than 1,500 vehicles per day.
A residential or other driveway which is used or expected to be used
by not more than 25 vehicles per day.
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.
The edge of the main traveled portion of any street, exclusive of
shoulder.
Plain or reinforced cement concrete or asphalt curb which meets Township
standards.
A street occupancy permit issued by the Township pursuant to this
chapter.
Any natural person, firm, copartnership, association, corporation,
or political subdivision.
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.
The distance measured along the pavement edge or curb between the
property frontage boundary line and near edge of the driveway.
A Pennsylvania Department of Transportation publication, sometimes
called "Bulletin 43," containing requirements for the maintenance and protection
of traffic on construction projects.
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.
A Pennsylvania Department of Transportation publication containing
requirements for work area traffic control during highway maintenance operations
and utility work.
The area which has been acquired by the Township for street purposes.
That portion of a street improved, designed, or ordinarily used for
vehicular travel, exclusive of the sidewalk or shoulder.
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.
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.
The intersection of the shoulder slope with the side slope or ditch
slope.
A paved walkway, continuous for a reasonable distance and an integral
part of the street, constructed solely for use by pedestrians.
Any aggregate such as aggregate cement, aggregate bituminous or lime
pozzyolan, placed in such a manner as to provide a smooth, stable, all-weather
surface not subject to undue raveling.
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.
Includes street, road, lane, alley, 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.
Township design standard for street construction.
The portion of the street for the movement of vehicles, exclusive
of shoulders and auxiliary lanes.
Any sign, signal, marking or device placed or erected for the purpose
of regulating, warning or guiding vehicular traffic or pedestrians, or both.
The radius of an arc which approximates the turning path of the exterior
corner of a 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.
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 Penn Township, for the construction, building or establishment
of the same. Said application shall be made to the Penn Township Community
Development Office.
B.
The Penn Township Community Development 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 Penn 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(16);
|
Future Additional Driveways
|
Appendix B-6
| |
67 441.6(17);
|
Use of Highway Prohibited
|
Appendix B-6
| |
67 441.7;
|
General Driveway Requirements
| ||
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 Non-Residential Driveways
|
Appendix D-3
| |
67 441.8(g)
|
Curbing Requirements
|
Appendix D-3
| |
67 441.8(h)
|
Site Distance Requirements
|
Appendix D-4
| |
67 441.8(i)
|
Grade of Access Driveway
|
Appendix D-5
| |
67 441.8(j)-(o)
|
Various Commercial Driveway Considerations
|
Appendix D-6
| |
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
|
With respect to the aforesaid, all references to the "Department and/or
District Office" shall mean the "Township of Penn."
|
C.
The Penn Township Community Development 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 Penn Township and is in conformity with the standards set forth by the
Pennsylvania Department of Transportation as aforesaid.
D.
The Penn Township Community Development Office shall
deny the issuance of a driveway permit if there are found to exist violations
of ordinances of Penn 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 Penn Township Board of Commissioners, 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 105 of the Code of the Township of Penn.
Any person, partnership, corporation or any other type of entity filing
an application for a driveway permit with Penn Township shall, at the time
of said filing, pay to Penn Township a fee as shall be set forth in a resolution
duly adopted by the Board of Commissioners of Penn Township.
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 Penn
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 Penn. 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 or agents of the
Township of Penn are hereby authorized to seek equitable relief, including
injunction, to enforce compliance with this chapter.