[HISTORY: Adopted by the Board of Supervisors
of the Township of Halfmoon 5-9-1996 by Ord. No. 1996-1. Amendments noted where
applicable.]
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.
[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.
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.
[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.
