[HISTORY: Adopted by the Borough Council of the Borough of Bradford
Woods 10-14-2002 by Ord. No. 379. Amendments
noted where applicable.]
This chapter and drawings[1] shall be known as the "Bradford Woods Driveway Ordinance."
[1]
Editor's Note: The drawings are on file in the Borough offices and
may be examined there during regular office hours.
The purpose of this chapter is to regulate surfacing or resurfacing
of driveways and to regulate the minimum
diameter and placement of road drainage pipes to permit unrestricted water
drainage at points of private property access to Borough roads.
A.
DRIVEWAY
PERSON
The following words, when used in this chapter, shall
have the meanings ascribed to them in this section, except those instances
where the context clearly indicates otherwise:
Any private street, lane, avenue, alley or other private drive which
abuts, intersects, adjoins or leads into a public street.
Includes any natural person, partnership, firm, association or corporation.
B.
In this chapter the singular shall include the plural
and the masculine shall include the feminine and the neuter.
A.
It shall be unlawful for any person to surface or resurface
any existing driveway in the Borough of Bradford Woods, or proceed with the
laying, installation and construction of drains or pipes for drainage purposed
on, over or under private roads, driveways, or ditches, without first making
application and securing a permit as hereinafter provided.
B.
Application for the installation of the proposed driveway
and/or drain or drainage pipe must be made to the Borough Secretary in writing.
Such application shall be made upon forms to be furnished by the Borough and
shall set forth:
(1)
The name, address and phone number of the applicant.
(2)
The fees as set by resolution of Borough Council.
(3)
The exact location of the subject driveway, preferably
on a property survey.
(4)
The length, width, depth and grade of the subject driveway.
(5)
A description of the material to be used for the surfacing
or resurfacing of the driveway.
(6)
The location of and details concerning any proposed laying,
installation and construction of drains or pipes for drainage purposes on,
over, or under private roads, driveways, or ditches.
(7)
An agreement on the part of the applicant that the work
shall be done in full compliance with the ordinances of the Borough of Bradford
Woods and the laws of the commonwealth and that the applicant shall well and
truly save, defend and keep harmless the Borough of Bradford Woods from and
indemnify it against any and all actions, suits, demands, payments, costs
and charges by reason of the proposed paving or repaving and all damages to
persons resulting in any manner therefrom, or occurring in the prosecution
of the work connected therewith, or from any other matter, cause or thing
relating thereto.
Before any permit shall be issued under the provisions of this chapter,
the applicant shall pay to the Borough Secretary a fee as set from time to
time by resolution of the Borough Council.
A permit shall be issued or denied by the Zoning Officer. If denied,
the reason(s) shall be stated.
Dirt driveways shall not be allowed. The surfacing materials of driveways
may be asphalt, stone, brick, concrete or any other approved material.
All driveways shall be graded for proper drainage.
It shall be the owner's responsibility to control any water runoff by
means of drainage pipes and/or grating placed at the bottom of the driveway
to prevent water from being diverted to roads or adjacent property.
No person, partnership, corporation, or association shall install at
any point on or adjacent to any Borough road in the Borough of Bradford Woods
any drainage pipe of a diameter less than 12 inches.
Wherever a culvert pipe or drainage pipe is constructed across any private
driveway or road leading from a Borough road, it shall, in all cases, be of
corrugated steel or concrete or corrugated plastic (smooth lined) of a size
to properly carry off the heaviest volume of water occurring at that point
at any time, but not less than a minimum of 12 inches in diameter properly
laid so as not to divert any water upon any other private property or upon
the highway or roads of the Borough or state.
All property owners shall be responsible for the cleaning and maintenance
of all storm sewer driveway cross pipes.
Any person who shall hereafter install any drainage pipe contrary to
the provisions of this chapter shall, upon 10 days' written notice thereof
from Borough Council, remove such unlawful drainage pipes and replace the
same with a drainage pipe of at least 12 inches in diameter, or as directed
by Borough Council or by their duly appointed agent. In default, the Borough
Council or duly appointed agent may act to remove and/or replace such unlawful
drainage pipes and shall thereupon collect the costs of such removal and replacement
from the person, partnership, corporation or association failing to conform
to such notice.
Any person, firm or corporation who shall violate any provision of this
chapter shall, upon conviction before the District Justice having jurisdiction
thereof, be sentenced to pay a fine of not more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, be subject to imprisonment
for not more than 30 days.
