[HISTORY: Adopted by the Board of Supervisors of the Township of
Mount Joy 6-19-2006 by Ord. No. CCXIX.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 116.
[1]
Editor's Note: This ordinance also repealed former Ch. 67, Driveways,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.
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.
MINIMUM USEA driveway that will generate up to 25 trips per day.
LOW VOLUMEA driveway that will generate from 26 to 750 trips per day.
MEDIUM VOLUMEA driveway that will generate from 751 to 1,500 trips per day.
HIGH VOLUMEA driveway that will generate more than 1,500 trips per day.
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.
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.
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 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.
A.
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.
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, any amendments and addenda thereto.
C.
The driveway shall be set from any side property line
by not less than five feet.
D.
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 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.
(3)
Only concrete pipe shall be installed under a driveway.
(4)
The owner agrees in writing to maintain the pipe in good
condition free of debris, siltation, and deterioration causing a reduction
in hydraulic capacity.
(5)
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.
E.
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.
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. The applicant shall include with the application
form a plan containing the following information:
(1)
Right-of-way width and cartway width of the public road
to which applicant desires to connect the driveway.
(2)
Location of driveway, including distance from both side
property lines.
(3)
Width of proposed driveway.
(4)
Sight distance from each direction.
(5)
Vegetation which will be removed to create a clear sight
triangle.
(6)
Grade of proposed driveway.
(7)
Construction materials for proposed driveway.
(8)
All stormwater management facilities to serve the proposed
driveway.
(9)
Anticipated traffic volume for proposed driveway.
(10)
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.
B.
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.
C.
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.
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 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.
A.
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.
B.
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.
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 permit
and the approved plans.
B.
Required inspections.
(1)
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.
(2)
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.
C.
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.
D.
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.[1] 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.
