[Adotped 2-7-2006 by Ord. No. 5-05]
As used in this article, the following terms shall have the meanings
indicated:
A driveway entrance/exit or any means of ingress or egress of vehicles
from a street or road onto a parcel for incidental or frequent use of private
or public property primarily but not exclusively for agricultural or recreational
uses. For purposes of this article, a rural field access shall not be considered
a driveway.
A.
Prior to the construction or reconstruction of any private
driveway where said driveway leads to a road owned by the Pennsylvania Department
of Transportation (PennDOT), a permit shall be obtained for said purpose from
PennDOT following its established procedures for obtaining such a permit.
B.
Prior to the construction or reconstruction of any private
driveway where said driveway leads to a road owned or to be dedicated to Washington
Township, a permit shall be obtained for said purpose from the Township Manager
or his designated representative. The fee for said permit shall be determined
by the Council of Washington Township by resolution from time to time.
C.
The application for a permit shall be subject to the
following requirements:
(1)
The application shall be submitted in person or by mail
on a properly completed Township form provided for that purpose.
(2)
The application shall be signed by the property owner
and whoever proposes to do the improvements.
(3)
The application shall include a set of plans, detailing
the location and pertinent dimensions of both the proposed installation and
related highway features.
(4)
The application shall be submitted to the Township at
least 15 days prior to the anticipated start of work.
A.
The Township Manager or his designated representative
in accordance with the conditions in the area shall determine the need for
the installation or replacement of a culvert pipe. The Township Manager in
consultation with the Township Engineer and/ or Township Road Foreman shall
determine the diameter, length, and grade of such pipe. The culvert pipe shall
be polyethylene (PE) pipe meeting the requirements of AASHTO Standard M294,
Type S, or equivalent, with a minimum diameter of 15 inches unless otherwise
approved by the Township Manager.
B.
Construction of the driveway shall not direct additional
drainage of surface water onto or into the highway right-of-way or highway
facilities in a way which would have a detrimental effect on the highway or
highway facilities. If the Township Manager or his designated representative
in accordance with the conditions in the area determines the proposed installation
or replacement will adversely affect the flow of stormwater such as to aggravate
an existing adverse condition or create a new adverse stormwater condition
in the public right-of-way or on other properties, the applicant shall be
required to submit a stormwater management plan in accordance with the Township
Subdivision and Land Development Ordinance and Stormwater Management Ordinance.[1] In such situations, the issuance of a driveway permit shall be
conditioned upon the Township's approval of the stormwater management
plan, if applicable.
Throughout the installation of the driveway, the applicant shall maintain
and protect traffic control which shall be carried out in accordance with
PennDOT regulations in 67 Pa. Code Chapter 203. The applicant shall provide
and maintain all necessary precautions to prevent injury or damage to persons
and property.
In order not to present a transportation safety hazard on a Township
road, a driveway may connect to a Township road only if the location of the
connection allows significant advance visibility of oncoming traffic from
both directions to vehicles exiting the driveway and sufficient braking distance
to any vehicle traveling the road who encounters a vehicle slowed to safely
enter the driveway. In making this determination, the slope of the road, whether
it is straight or curved, and the posted speed limit, if applicable, shall
be considered. The driveways connection point with a Township road shall be
located to maximize adequate sight distance in both directions. Pennsylvania
Code Title 67, Chapter 441 (Access to and Occupancy of Highways by Driveways
and Local Roads) shall govern this subsection. See Appendix A[1] for the determining best sight distances at intersections of new
driveways with existing Township roads.
[1]
Editor's Note: Appendix A is on file in the Township offices.
A.
General. The Township will not approve the construction
of a driveway unless the following criteria are satisfied by the applicant:
(1)
Sight distance is adequate to safely allow permitted
movement to be made into or out of the access driveway.
(2)
The free movement of normal highway traffic is not impaired.
(3)
The driveway will not create a hazard.
(4)
The driveway will not create an area of undue traffic
congestion on the highway.
B.
Compliance with regulations. The applicant shall be responsible
for all aspects of the construction, including but not limited to safety during
construction, compliance with the Pennsylvania Underground Utility Protection
Law, and compliance with any permits or regulations of the Pennsylvania Department
of Environmental Protection.
C.
Location. The following specific location restrictions
shall apply to all driveway permits:
(1)
The location and angle of any access driveway approach
in relation to the highway intersection shall be such that a vehicle entering
or leaving the driveway may do so in an orderly and safe manner and with a
minimum of interference to highway traffic.
(2)
The location of a driveway near a signalized intersection
may include a requirement that the applicant provide new or relocated detectors,
signal heads, controllers and the like for the control of traffic movement
from the driveway.
(3)
Access driveways shall not be located at the interchanges,
ramp areas or locations that would interfere with the placement and proper
functioning of highway signs, signals, detectors, lighting or other devices
that affect traffic control. There shall be a minimum ten-foot tangent distance
between the intersecting highway radius and the radius of the first permitted
driveway. The distance from the edge of pavement of the intersecting highway
to the radius of the first permitted driveway shall be a minimum of 20 feet
on a curbed highway and 30 feet on uncurbed highways.
(4)
Access to property which abuts two or more intersecting
streets or highways may be restricted to only that roadway which can more
safely accommodate traffic.
(5)
Washington Township may require the applicant to locate
an access driveway directly across from a highway, local road or access driveway
on the opposite side of the roadway if it is determined that an offset driveway
will not permit left turns to be made safely or that access to the roadway
from one access to another will create a safety hazard.
(6)
Access driveway approaches used for two-way operation
shall be positioned at right angles, that is, 90 degrees to the highway or
as near thereto as site conditions permit.
D.
Site requirements. Site requirements shall be as follows:
The area between the right-of-way lines adjacent to and on both sides of a
driveway shall be used as a clear zone to provide a physical barrier between
the traveled way and activity on private property. This area shall remain
free of obstructions that may interfere with a clear line of vision for entering
and exiting vehicles.
E.
Grade of access driveway: The slopes of a driveway within
the public right-of-way shall not be steeper than 10 to one. The grade shall
be designed to prevent stormwater runoff from flowing from the driveway onto
the highway.
A.
Each property owner shall have the responsibility of
maintaining the driveway and the culvert pipe in accordance with the standards
of this chapter, so as not to interfere with or be inconsistent with the design,
maintenance, and drainage of the highway, or the safe and convenient passage
of traffic upon the highway.
B.
All costs associated with the maintenance of a driveway
or appurtenances, including but not limited to the culvert pipe, if any, whether
or not a permit has been issued for the driveway, shall be borne by the owner
of the property served by the driveway.
A.
All equipment used in the construction of the driveway
shall have rubber wheels or runners and shall have rubber, wood, or similar
protective pads between the outriggers and the surface.
B.
If the equipment damages the pavement or shoulders, the
property owner shall restore the pavement or shoulders to their former condition,
at the expense of the property owner.
C.
All disturbed portions of the highway, including slopes
and all appurtenances and structures such as guardrail or drainpipes shall
be restored by the permittee to a condition at least equal to that which existed
before the start of any work authorized by the permit. This includes providing
appropriate end treatments on guardrail systems where the existing guardrail
is being broken by the driveway.
A.
Any person who shall construct a driveway or cause any
such driveway to be opened onto or lead to a road owned by or to be dedicated
to Washington Township in violation of the requirements of this chapter may
be ordered by the Township to remove the improper work and replace the same
in compliance with the provisions of this chapter.
B.
Notice to remove and replace the improper work shall
be given to the property owner by certified mail, return receipt requested,
which said notice shall require the property owner to correct the deficiencies
within 14 days of receipt of the notice of the violation. Upon noncompliance
with the notice received from the Township, the Township may do or cause the
necessary repairs to be done and levy the cost of such work on the owner and
may cause lien to be filed of record against the property and collect the
same in any manner provided by law or utilize any other remedy provided at
law or in equity.
Violations of this article shall be enforced in the manner provided in Chapter 1 of this Code. The Zoning Officer is hereby authorized to administer and enforce the provisions of this article.
