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:
BOARD
The Board of Supervisors of Mount Joy Township, Lancaster County,
Pennsylvania.
CARTWAY
The traveled portion of any road including the shoulder.
CONTRACTOR
The person who or which installs a driveway, including all agents,
officers or employees of said person.
DRIVEWAY
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.
MINIMUM USEA driveway that will generate up to 25 trips per day.
B.
LOW VOLUMEA driveway that will generate from 26 to 750 trips per day.
C.
MEDIUM VOLUMEA driveway that will generate from 751 to 1,500 trips per day.
D.
HIGH VOLUMEA driveway that will generate more than 1,500 trips per day.
OWNER
The owner, his heirs and assigns, of the land upon which the proposed
driveway will be located or an existing driveway is located.
PAVED
Bituminous or Portland cement surface, three inch minimum thickness.
PENNDOT
The Department of Transportation of the Commonwealth of Pennsylvania
and any successor agency.
PERSON
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.
RIGHT-OF-WAY
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.
TOWNSHIP
The Township of Mount Joy, Lancaster County, Pennsylvania.
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.
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.