[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy 6-19-2006 by Ord. No. CCXIX. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 116.
Editor's Note: This ordinance also repealed former Ch. 67, Driveways, adopted 4-13-1978 by Ord. No. XXXV, as amended.
This chapter shall be known and may be cited as the "Mount Joy Township Driveway Ordinance."
For the purpose of this chapter, the following terms shall have the meaning ascribed thereto, except where the context thereof clearly indicates another meaning:
- The Board of Supervisors of Mount Joy Township, Lancaster County, Pennsylvania.
- The traveled portion of any road including the shoulder.
- CODE ENFORCEMENT OFFICER
- 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.
- The owner, his heirs and assigns, of the land upon which the proposed driveway will be located or an existing driveway is located.
- Bituminous or Portland cement surface, three inch minimum thickness.
- 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.
- ROAD or PUBLIC 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 Mount Joy, Lancaster County, Pennsylvania.
No person, owner and/or contractor shall hereafter install a driveway or any portion thereof without first obtaining a permit from the Township.
No person, owner and/or contractor shall hereafter reconstruct, repair or resurface (excluding paving of 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, intensity of use, or change the use, without first obtaining a permit from the Township.
All driveways shall be paved within the right-of-way and 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 PennDOT standards and specifications which are incorporated herein by reference thereto.
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, any amendments and addenda thereto.
The driveway shall be set from any side property line by not less than five feet.
The Township will only permit the use of drainage pipes under a driveway if all of the following conditions are met:
It is impossible or impractical to maintain drainage flow without a pipe.
Calculations are submitted to the Township showing that the proposed pipe will have a capacity equal to or greater than the existing gutter and such pipe will pass a twenty-five-year storm from the drainage area without flooding the public road. 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.
Only concrete pipe shall be installed under a driveway.
The owner agrees in writing to maintain the pipe in good condition free of debris, siltation, and deterioration causing a reduction in hydraulic capacity.
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.
As part of the driveway construction the owner shall provide paving extending for a minimum distance of eight feet from the edge of any paved cartway of a public road to the owner's property. The paving shall consist of a minimum of six inch stone base course and a three inch bituminous course or equal paving approved by the Township. The swale should be maintained or the pipe should be located four feet from the edge of the cartway or as otherwise directed by the Code Enforcement Officer.
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. The applicant shall include with the application form a plan containing the following information:
Right-of-way width and cartway width of the public road to which applicant desires to connect the driveway.
Location of driveway, including distance from both side property lines.
Width of proposed driveway.
Sight distance from each direction.
Vegetation which will be removed to create a clear sight triangle.
Grade of proposed driveway.
Construction materials for proposed driveway.
All stormwater management facilities to serve the proposed driveway.
Anticipated traffic volume for proposed driveway.
If the application is for a low-volume driveway where 100 or more trips per day are projected, a medium-volume driveway or a high-volume driveway, the signature and seal of the professional engineer who prepared the plan.
The Code Enforcement Officer shall review the application. The Code Enforcement Officer may request that the Township Engineer or Roadmaster also review the application. The Code Enforcement Officer may consult with the Township Engineer or Roadmaster to determine if the proposed method of constructing or making said connection, as reflected on the application and plan, is such that it will: 1) minimize the adverse impact of stormwater runoff or surface drainage resulting from said connection; 2) not cause damage to the road to which the driveway is to be connected; and 3) not create or increase hazardous driving conditions for those persons using the public road to which the driveway is to be connected. If found satisfactory by the Code Enforcement Officer, Roadmaster or Township Engineer, the Code Enforcement Officer will issue, or cause to be issued, the permit.
If the plan is found deficient, or if in the opinion of the Code Enforcement Officer, Roadmaster, or Township Engineer the plan could be modified so as to: 1) minimize the adverse effect of stormwater runoff; 2) lessen drainage to the public road to which the driveway is to be connected; or 3) lessen hazardous driving conditions on the public road to which the driveway is to be connected, the Code Enforcement Officer, Roadmaster, 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.
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 the Local Agency Law, Section 5, 2 Pa. C.S.A. § 551 et seq.
An applicant for a permit to authorize initial construction of a low-volume driveway where 100 or more trips per day are projected, a medium-volume driveway or a high-volume driveway shall provide all information required by § 67-5 and, in addition, shall submit a traffic study, prepared in accordance with the requirements of § 135-197 of the Code of Ordinances, which shall identify the impact of the traffic generated on the public road to which the driveway will connect and at the two nearest intersections of a Township public road with a state highway in each direction. The applicant shall reimburse the Township for all costs incurred by the Township Engineer in reviewing the application and the traffic study.
The traffic study will evaluate whether, in accordance with PennDOT regulations and/or with an existing highway occupancy permit for the intersection of the Township public road with the PennDOT highway, the existing conditions and/or the increased traffic will require any modifications to the intersection of the Township public road with the PennDOT highway. PennDOT regulations at 67 Pa. Code § 441, as it may be amended or supplemented in the future, shall define the minimum design requirements and intersection improvements for medium- and high-volume intersections.
The Township shall not grant a driveway permit for any low-volume driveway where 100 or more trips per day are projected, medium-volume driveway or high-volume driveway if improvements to the intersection of a Township public road with the PennDOT highway are required unless the applicant demonstrates that the improvements which PennDOT regulations will require to the intersection of the Township public road and PennDOT highway have been funded by a third party, or will be installed by the applicant at the same time applicant installs the driveway, or the applicant presents written confirmation to the Township from PennDOT that PennDOT will not require modifications to the intersection of the Township public road and PennDOT highway, or the driveway construction is in connection with a land development within the Township's Transportation Service Area as set forth in Chapter 125 of the Code of Ordinances and the applicant will pay impact fees, or the applicant has otherwise agreed to pay impact fees in accordance with Chapter 125 of the Code of Ordinances.
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 and reviewing the application and making any necessary inspections. No application is complete without the required fees.
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 permit and the approved plans.
After the proposed driveway has been stoned in, but before the driveway has received final surfacing, the permit holder shall notify the Code Enforcement Officer or Roadmaster. The driveway shall not be final surfaced until the stoned-in area has been inspected and approved by the Code Enforcement Officer or Roadmaster or their designated representative. In the event the owner and/or contractor fails to notify the Code Enforcement Officer or Roadmaster 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 or any repair has been completed, the permit holder shall notify the Code Enforcement Officer or Roadmaster, who shall perform a final inspection.
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.
Where any settlement or defect in the work occurs, the permit holder shall correct all defective work. If the permit holder fails to rectify any such settlement or other defect within 60 days after written notice from the Township to do so, the Township may do the work and shall impose upon the permit holder the cost thereof, together with an additional 20% of such cost. The Township may secure payment of such costs and penalties by filing a municipal claim.
Each driveway, whether serving the same premises or not, shall require an individual application and 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 applicant for a permit may request that the Board grant a waiver from such requirement. An applicant shall make a request for a waiver in writing, and the applicant shall reimburse the Township for any costs the Township Engineer incurs to review a waiver request. 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.
Any person who violates any provisions of this chapter, upon conviction thereof, by summary proceedings, shall be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs of prosecution for the first such conviction and no less than $100 nor more than $1,000 plus costs of prosecution for the second or subsequent violation.
In addition to or in lieu of the penalties provided in § 67-14 of this chapter, the Township may institute legal action to abate violations of this chapter and to obtain injunctive relief.
Issuance of a permit under this chapter does not constitute compliance with any other Township ordinances or regulations, including but not limited to the Zoning Ordinance, Subdivision and Land Development Ordinance and Stormwater Management Ordinance. An owner shall obtain any necessary permits under the Zoning Ordinance, Subdivision and Land Development Ordinance and Stormwater Management Ordinance prior to installing a driveway.