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Township of Halfmoon, PA
Centre County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Halfmoon 5-9-1996 by Ord. No. 1996-1. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 100.
Stormwater management — See Ch. 200.
Subdivision and land development — See Ch. 215.
Zoning — See Ch. 255.
A. 
This chapter shall be known as "The Halfmoon Township Driveway Ordinance."
B. 
This chapter shall apply to all new private driveways constructed after the effective date of this chapter. The provisions of this chapter shall also apply to existing driveways that are improved after the effective date of this chapter. However, this chapter shall only apply to the portion of existing driveways between the building setback line and the public road cartway. Driveway improvements subject to this chapter include paving, repaving, widening for the purpose of adding additional lanes and constructing, changing, or modifying a driveway entrance. Normal repairs and maintenance shall not be subject to this chapter.
C. 
New driveways accessing state roads are subject to the provisions of this chapter for those portions of the driveway outside the state right-of-way to the building setback line.
A. 
No person, firm, corporation or other entity shall perform any construction, excavation or other work in connection with any driveway or perform any work within the Township affecting stormwater flow or discharge within the right-of-way of any road until a permit has been issued by the Township for such work.
B. 
A permit application shall be submitted to the Township Zoning Officer by the owner or authorized representative of the owner prior to the issuance of the driveway permit. The application shall be on a form provided by the Township and shall be accompanied by the fee established by the Township from time to time.
C. 
The Township Zoning Officer shall review the application, forward it to the Township Roadmaster, Municipal Design Consultant or Engineer for on-site inspection and either issue a permit or provide written comments as to why the permit cannot be issued or applied for.
D. 
Should the Township Zoning Officer not act on an application submitted hereunder within 15 days after receipt of the application, the application shall be deemed approved.
A. 
The Township Zoning Officer, Roadmaster, Municipal Design Consultant or Engineer shall inspect each driveway being constructed pursuant to a permit to determine whether it is being or has been constructed in accordance with the permit. The permittee shall contact the Township Zoning Officer to request an inspection at least seven days prior to completion of the work.
B. 
Upon satisfactory completion of the work, the Township Zoning Officer shall sign the permit indicating approval of the driveway as constructed or reconstructed.
A. 
All driveways and related improvements shall be located and constructed in such a manner as to not impair drainage or normal maintenance within road rights-of-way; alter the stability of a roadway, subgrade, or roadway embankment; change the drainage of adjacent areas; or interfere with the travelling public.
B. 
Repairs to a driveway, a driveway entrance, drain, culvert or swale shall be performed in such a manner that the repairs shall not change the original design or existing conditions unless a new design and specifications are submitted for approval.
C. 
Pipes under driveways shall be sized based on the five-year storm event runoff, but shall not be less than 12 inches in diameter in any case. All pipes shall be either corrugated metal or reinforced (smooth-bore) corrugated plastic.
D. 
Driveway entrances shall be located so as to provide safe access to the intersecting road. To accomplish this Pennsylvania Code, Title 67, Transportation, Part I, Department of Transportation, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, shall be used as a guide and the requirements therein shall be followed as closely as reasonably possible, subject to review of the Township Zoning Officer in consultation with the Township Roadmaster, Municipal Design Consultant and/or Engineer.
E. 
Driveway grades shall not exceed 4% within 10 feet of the edge of the existing cartway and in no case shall the driveway exceed 6% within the road right-of-way, and shall not exceed 14% on the remainder of the driveway. Slopes on cuts or fills shall not exceed 3:1 (three horizontal to one vertical).
F. 
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with motor vehicular access to a public street via a private street or shared driveway. Lots may have access to a public or private street by a shared driveway if approved under the standards of this chapter.
[Amended 3-11-1999 by Ord. No. 1999-1; 8-8-2013 by Ord. No. 2013-09]
G. 
For residential driveways, entrances shall be rounded at a minimum radius of five feet and a maximum radius of 15 feet and shall have a minimum width of 10 feet and a maximum width of 15 feet.
H. 
Driveways shall intersect roads as nearly as possible to 90°, but not less than 60° nor greater than 120°.
I. 
Driveways shall be constructed as follows: compact and prepare suitable subgrade and place six inches compacted depth of 2RC aggregate within the Township right-of-way. No specifications are required outside the Township right-of-way.
J. 
Every new driveway shall provide for a safe turnaround area outside of the road right-of-way.
K. 
A plan and/or description of the proposed methods for controlling stormwater runoff and erosion and sedimentation control shall be required with each application for a permit. A driveway shall not be used as a means of conveying stormwater runoff away from the physical improvements on the property. Stormwater runoff shall be directed to stable, pervious areas whenever possible.
L. 
In the preparation of the land development and subdivision plans, evidence shall be submitted to show that the requirements set forth herein can be met for each proposed building lot. A note shall be placed on the plan, before it is recorded, stating that each individual lot owner will be responsible for obtaining a driveway permit as required by this chapter.
M. 
If subdivision plans require shared driveways to obtain approval, the developer will be responsible for the first 50 feet of completed driveway. An acceptable shared driveway agreement shall be included in the covenants of the development.[1]
[1]
Editor's Note: Former Subsection N, regarding shared driveways in rural preservation developments, added 3-11-1999 by Ord. No. 1999-1, which immediately followed this subsection, was repealed 8-8-2013 by Ord. No. 2013-09. See now § 112-5, Shared driveways.
[Added 8-8-2013 by Ord. No. 2013-09[1]]
A. 
Shared driveways defined: a driveway serving no more than two lots.
B. 
Shared driveways authorized. Shared driveways are authorized according to the application, review and standards of this section.
C. 
Application and review.
(1) 
Application. Shared driveways require a shared driveway permit, subject to application. The application shall be available front the Township and shall be accompanied by the following:
(a) 
A fee established by the Township from time to time;
(b) 
A drawing delineating the proposed alignment of the driveway and the lots it is to serve;
(c) 
A plan and/or description of the proposed method of controlling stormwater runoff and erosion and sedimentation control;
(d) 
Maintenance agreement signed by the applicant and approved by the Township Attorney, to be recorded with the Recorder of Deeds of Centre County providing for a workable method of financing costs and improvements to the shared driveway;
(e) 
Easement agreements signed by the applicant and approved by the Township Attorney to be recorded with the Recorder of Deeds of Centre County providing for easements to the public for purposes of emergency and other public services are necessary.
(2) 
Review. Once an application for a shared driveway is submitted, it shall be processed according to §§ 112-2 and 112-3 of this chapter.
(3) 
Standards. Shared driveways shall comply with the standards in § 112-4.
[1]
Editor's Note: This ordinance also redesignated former § 112-5, Correction of improper work, to § 112-6.
In case any person shall construct a driveway and shall not conform to the requirements of this chapter, the Township may order such person to remove the improper work and replace the same in compliance with this chapter. Notice to remove and replace improper work shall be by certified mail, and shall state that compliance shall be made within 30 days from receipt of the notice.
[Added 8-8-2013 by Ord. No. 2013-09[1]]
An application may request a modification of the requirements of any portion of this chapter by submitting a written request along with the permit application, and such request shall include the specific requirements for which a modification is being requested, the nature of the modification, and justification for the modification, including demonstration that the intent of this chapter will be met should such request for modification be granted. The Township Zoning Officer shall present such request at the next regularly scheduled Township Planning Commission meeting at which the Planning Commission shall review the request and make a recommendation for consideration by the Board of Supervisors. The Board of Supervisors shall have final authority to deny or approve such request, and the Board may also attach conditions to any approvals.
[1]
Editor's Note: This ordinance also redesignated former § 112-6, Violations and penalties, to § 112-8.
[Amended 7-14-2011 by Ord. No. 2011-01]
Any person found to be in violation of this chapter shall be subject to civil penalties of not more than $600 for each day of each offense. Each day that a violation continues shall be a separate violation subject to the penalties provided for above.
[Added 8-8-2013 by Ord. No. 2013-09]
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such finding shall not affect or impair any of the remaining sections, sentences, clauses, or parts of this chapter. It is hereby declared as the intent of the Township that this chapter would have been adopted had all unconstitutional, illegal or invalid sentences, clauses, sections or parts hereof not been included therein.
[Added 8-8-2013 by Ord. No. 2013-09]
This chapter shall take effect five days after enactment, as provided by law.