[HISTORY: Adopted by the Board of Supervisors
of the Township of Elizabeth 10-13-1997 by Ord. No. 1997-6. Amendments noted where
applicable.]
For the purpose of this chapter, the following
terms shall have the meanings ascribed thereto, except where the context
thereof clearly indicates another meaning:
The Board of Supervisors of Elizabeth Township, Lancaster
County, Pennsylvania.
The traveled portion of any road.
The official designated by the Board to enforce the provisions
of this chapter.
The person who or which installs a driveway, including all
agents, officers or employees of said person.
Any lane, path or other area of land used by the owner or
occupant of property within the township as a means of access to and
from the cartway of a public road.
A driveway that will generate more than 1,500 trips per day.
A driveway that will generate from 26 to 750 trips per day.
A driveway that will generate from 751 to 1,500 trips per
day.
A driveway that will generate up to 25 trips per day.
The owner, his heirs and assigns, of the land upon which
the driveway is located.
The Department of Transportation of the Commonwealth of Pennsylvania
and any successor agency.
An individual, group of individuals, partnership, corporation
or association, whether incorporated or otherwise, and any other legally
recognized entity and the officers of such corporation and the members
of such partnership or association.
The total width, including the cartway, of a road.
Any road, street, alley, paved or unpaved, or other thoroughfare
owned or maintained by the township as part of its public road system
or offered for dedication to the township.
The Township of Elizabeth, Lancaster County, Pennsylvania.
A.
No person, owner and/or contractor shall hereafter
install a driveway or any portion thereof without first obtaining
a permit from the township.
B.
No person, owner and/or contractor shall hereafter
reconstruct, repair or resurface, excluding adding stone to an existing
unpaved driveway and application of liquid sealers to an existing
driveway, a driveway or portion thereof on or within any township
right-of-way in a manner that will increase the area or intensity
of use, or change the use, without first obtaining a permit from the
township.
A.
All driveways shall be constructed in a manner that
will not impede or divert the normal flow of surface drainage. The
grade and construction of all driveways shall be in accordance with
the standards and specifications which are attached hereto, marked
"Figure 1" and incorporated herein by reference thereto.[1] Where the driveway grade exceeds 8%, a level area of sufficient
size to provide two off-street parking spaces shall be provided adjacent
to the roadway to allow safe ingress and egress during wet and/or
slippery driving conditions.
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
B.
The sight distance for all driveways shall comply
with the requirements for state highways prescribed by PennDOT as
codified at 67 Pa. Code § 441.8, and any amendments and
addenda thereto.
C.
The township will only permit the use of drainage
pipes under a driveway if all of the following conditions are met:
(1)
It is impossible or impractical to maintain drainage
flow without a pipe.
(2)
Calculations are submitted to the township showing
that the proposed pipe will have a capacity equal to or greater than
the existing gutter, or that such pipe will pass a ten-year storm
from the drainage area without flooding the roadway. Runoff calculations
shall be based upon the United States Department of Agriculture Soil
Conservation Service soil-cover-complex method, the rational formula
of Q=CIA or any other method acceptable to the Township Engineer.
(3)
The owner agrees in writing to maintain the pipe in
good condition free of debris and siltation.
(4)
The owner agrees in writing to relocate and/or replace
the pipe if at some future date the township improves or widens the
public road requiring such relocation and/or replacement.
D.
As part of the driveway construction, the owner shall
provide bituminous paving extending for a minimum distance of eight
feet from the edge of any paved cartway in all cases and, if the distance
from the edge of any paved cartway to the right-of-way line is greater
than eight feet, the owner shall pave the entire distance from the
edge of the paved cartway to the right-of-way line. The paving shall
consist of a minimum of eight-inch stone base course and a two-and-one-half-inch
bituminous course or equal paving approved by the township. The swale
shall be maintained or the pipe shall be located four feet from the
edge of the cartway or as otherwise directed by the Code Enforcement
Officer.
A.
Any person, owner and/or contractor shall, prior to
obtaining a driveway permit, file an application, on an application
form supplied and approved by the township, reflecting and showing
the location of the driveway relative to the premises and designating
the course, grade, structure, materials and drainage facilities, if
any, involved in the construction of the driveway.
B.
The application shall be reviewed by the Code Enforcement
Officer and may be reviewed by the Township Engineer or Road Superintendent.
The Code Enforcement Officer may consult with the Township Engineer
or Road Superintendent to determine if the proposed method of constructing
or making said connection, as reflected on the application, is such
that it will minimize the adverse impact of stormwater runoff or surface
drainage resulting from said connection, not cause damage to the road
to which the driveway is to be connected and not create or increase
hazardous driving conditions for those persons using the road to which
the driveway is to be connected. If found satisfactory by the Code
Enforcement Officer, Road Superintendent or Township Engineer, the
Code Enforcement Officer will issue, or cause to be issued, the permit.
C.
If the plan is found deficient or, if in the opinion
of the Code Enforcement Officer, Road Superintendent or Township Engineer,
the plan could be modified so as to minimize the adverse effect of
stormwater runoff, lessen drainage to the public road to which the
driveway is to be connected or lessen hazardous driving conditions
on the road to which the driveway is to be connected, the Code Enforcement
Officer, Road Superintendent or Township Engineer shall, by written
communication to the owner, notify him of the changes to be made.
The applicant shall make such changes and return the revised plan
to the township. When such plan is in acceptable form, the Code Enforcement
Officer shall approve the plan and will issue, or cause to be issued,
the permit. If the applicant refuses to make such changes, the application
shall be deemed denied for the reasons set forth in the written communication,
and the date of the written communication shall be the date of the
denial of the application.
D.
The applicant may appeal a denial of an application
to the Board. The appeal shall be made within 10 days to the Board
by filing written notice of the appeal with the Secretary of the township.
The Board shall thereafter hold a hearing and render a decision on
the refusal to issue a permit pursuant to the provisions of Section
5 of the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
The application shall be accompanied by such
fee or fees as the Board shall prescribe from time to time by resolution
or ordinance not exceeding the approximate reasonable cost of processing,
reviewing the application and making any necessary inspections.
A permit under this chapter shall be applied for and obtained prior to the application for a permit to commence the excavation for or the construction or erection of any structure regulated by the Chapter 185, Zoning, of the Code of the Township of Elizabeth, as amended. No person shall apply for and the township shall not grant a certificate of use and occupancy for any property prior to the completion of the driveway serving the property.
A.
All construction in any way incidental to the installation
of the driveway or for the repair of a driveway for which a permit
is required under this chapter shall be performed in strict conformance
with the approved plans. After the proposed driveway has been stoned
in, but before the driveway has received final surfacing, the person
to whom the permit has been issued shall notify the Code Enforcement
Officer or Road Superintendent. The driveway shall not be final surfaced
until the stoned-in area has been inspected and approved by the Code
Enforcement Officer or Road Superintendent or their designated representative.
In the event that the owner and/or contractor fails to notify the
Code Enforcement Officer or Road Superintendent prior to placing the
final surface, the township may direct the owner and/or contractor
to remove the final surface in order that the inspection may be completed.
Such removal shall be at no expense to the township. After the driveway
has received final surfacing, the person to whom the permit has been
issued shall notify the Code Enforcement Officer or Road Superintendent.
B.
The contractor shall utilize procedures and/or traffic
control devices as necessary for the maintenance and protection of
traffic in strict accordance with PennDOT Publication 203, Work Zone
Traffic Control, unless otherwise directed in writing by the Code
Enforcement Officer.
Each driveway, whether serving the same premises
or not, shall require an individual permit.
The provisions of this chapter relating to driveways
are intended as a minimum standard for the protection of public health,
safety and welfare. If the literal compliance with any mandatory provision
of this chapter relating to driveways is shown by the applicant, to
the satisfaction of the Board, to be unreasonable or to cause undue
hardship as it applies to a particular property, or if the applicant
shows that an alternative proposal will allow for equal or better
results, the Board may grant a waiver from such mandatory provisions
so that substantial justice may be done and the public interest secured
while permitting the reasonable utilization of the property. However,
the granting of a waiver shall not have the effect of making null
and void the intent and purpose of this chapter. In granting waivers,
the Board may impose such conditions as will, in its judgment, secure
substantially the objectives of the standards and requirements of
this chapter.
The grant of a permit under this chapter shall
not constitute a representation, guarantee or warranty of any kind
by the township or by any official or employee thereof of the practicability
or safety of the proposed driveway and shall create no liability upon
the township, its officials or employees.
A permit issued under this chapter shall be
valid for 12 months from the date of issuance. The Code Enforcement
Officer may at his discretion grant one extension of the permit for
up to six months upon written application of the person to whom the
permit was issued prior to the expiration of the permit. The application
for extension must indicate good cause for the failure to complete
work within the twelve-month time period. A permit shall not expire
while a request for an extension is pending.
The permit granted under this chapter shall
be posted at the right-of-way line so as to be visible from the roadway.
The permit shall remain posted until final approval of the work has
been given.
If the Board of Supervisors or the Code Enforcement
Officer determines that a person has committed or permitted the commission
of a violation of this chapter, the Board of Supervisors or the Code
Enforcement Officer shall inform such person in writing of the violation,
shall notify such person to cease the violation of this chapter and
shall inform such person that he or she must pay a civil penalty to
the township within the range of the amounts set forth below to settle
the violation. The penalty for a first offense shall be not less than
$50 and not more than $600; the penalty for a second offense shall
be not less than $100 and not more than $600; and the penalty for
a third or greater offense shall be not less than $200 and not more
than $600. If such person fails or refuses to remit the penalty to
the township within 10 days from the date of the written notice of
the violation of this chapter, the township may commence a civil enforcement
proceeding seeking penalties and costs for the violation of this chapter
and/or may commence an action in equity. The township shall seek a
judgment for the penalty previously imposed, together with additional
daily penalties for continuing violations, plus all court costs, including
the reasonable attorneys' fees incurred by the township the enforcement
proceedings. Each day that a violation continues shall constitute
a separate violation, and each section of this chapter which is violated
shall constitute a separate violation. If the defendant neither pays
nor timely appeals the judgment, the township may enforce the judgment
pursuant to the applicable rules of civil procedure.
In addition or in lieu of the penalties provided in § 69-13, violations of this chapter may be abated by the township proceeding against the violator in a court of equity to obtain injunctive relief.
