[HISTORY: Adopted by the Board of Supervisors
of the Township of Fairview 7-6-1999 by Ord. No. 1-1999. Amendments noted where
applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 225.
This chapter shall be designated and known as
the "Fairview Township Driveway Ordinance."
The following words and phrases when used in
this chapter shall, for the purpose of the terms and provisions of
this chapter, have the following meanings, respectively, except in
those instances where the context clearly indicates a different meaning:
Any means for passage of vehicles between property abutting
on a Township highway and the highway. It shall be deemed to include
only that part of the driveway that lies within the established right-of-way
limits of the Township highway. It will also include such drainage
structures as may be necessary for the proper construction and maintenance
thereof.
The distance at an intersection of two highways between the
near edge of the access driveway approach and the point of intersection
of the pavement edges or the curbline extended.
The edge of the main traveled portion of any street or highway,
exclusive of the shoulder or berm.
Plain or reinforced concrete, bituminous concrete or macadam
of required thickness.
Any natural person, firm, copartnership, partnership, association
or corporation.
The distance measured along the pavement edge or curb between
the property frontage boundary line and the near edge of the driveway.
Any public way generally not less than eight feet nor more
than 20 feet in width, located within a municipality, which affords
access to the side or rear of buildings in such block.
An area where roadways have been built to typical rural highway
standards without sidewalks and curbs as in Fairview Township (hereinafter
referred to as "Township").
The intersection of the shoulder slope with the side slope
or ditch slope.
Any aggregate such as gravel, stone or slag or mixtures of
such aggregates with soil, placed in such a manner as to provide a
smoother, stable, all-weather surface not subject to undue raveling.
All roads and highways dedicated to and/or taken over by
the Township as Township highways under provisions of the Second Class
Township Code.[1] The term shall include any street that is proposed to
be constructed in the Township and is made part of a subdivision plan
submitted to the Township Board of Supervisors (hereinafter referred
to as "Board of Supervisors") for approval thereof.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway.
[1]
Editor's Note: See 53 P.S. § 55101 et seq. and § 65101
et seq.
These regulations shall apply to all access
driveways that enter Township highways within the corporate limits
of Fairview Township.
A.
Any person desiring to construct, reconstruct or lay
out such driveway shall make application to the Fairview Township
Zoning Office for approval of the location, design and mode of construction
of such driveway and for permission to proceed. Application forms
will be available at the Fairview Township Zoning Office, Fairview
Township Building, 65 Shady Tree Drive, Mountain Top, Pennsylvania
18707, to any applicant upon request. The construction or layout of
a proposed driveway will not be started prior to receipt of a written
permit approving the location, design and mode of construction thereof,
signed by the Fairview Township Zoning Officer (hereinafter referred
to as "Zoning Officer") and containing such reasonable terms and conditions
as the Township may deem necessary to impose.
B.
The Board of Supervisors is hereby authorized by duly
enacted resolution to establish a schedule of fees for the issuance
of a driveway permit under the terms and provisions hereof and, where
necessary, reasonable costs of inspection, if required. In addition
to the fee payable for the issuance of the driveway permit, the applicant
may be required at the discretion of the Board of Supervisors to post
acceptable financial security in a form as approved by the Board of
Supervisors, in such amount as set forth from time to time by resolution
of the Board of Supervisors, to assure proper construction of the
driveway and restoration of adjacent right-of-way areas. The security
will be released if the Zoning Officer certifies that the driveway
has been constructed in accordance with the requirements and standards
set forth in this chapter. The security may be held until building
construction is substantially complete and/or an occupancy permit
is issued, if in the opinion of the Zoning Officer ongoing site construction
activities may result in damage to the access drive or to adjacent
improvements within the right-of-way.
[Amended 7-7-2008 by Ord.
No. 2-2008]
C.
No person shall install or contract to install a driveway
or driveways in the Township without first obtaining a driveway installer's
license from the Township pursuant to this chapter. A license shall
be effective for a maximum of one calendar year, terminating one year
from the date of the issue and subject to renewal upon application.
Application for a driveway installer's license shall be made on a
form prescribed by the Township and made to the Zoning Officer. Each
application must be accompanied by a fee in an amount as set forth
from time to time by resolution of the Board of Supervisors. Before
issuance of any such license, the contractor or person proposing to
construct such driveways shall file with the Township Secretary, on
a form furnished by the Township and approved by the Township Solicitor,
a license bond in an amount as set forth from time to time by resolution
of the Board of Supervisors, with good and sufficient surety thereon,
conditioned that the makers shall save harmless, defend and indemnify
the Township against or on account of accidents, damages or claims
arising out of or during the construction of any driveway laid by
the said contractor. All such bonds shall be continuing until terminated
by notice, in writing, given 30 days in advance. No license is transferable
from one installer to another. Upon receipt of said application and
fee, the Zoning Officer shall either issue or refuse to issue a license
to the applicant within 30 days. The Zoning Officer may refuse to
issue a driveway installer's license if the requirements of this section
are not met or for due cause based upon the applicant's previous record
of noncompliance hereunder. All licensees are required to conduct
a business with the highest degree of respect both for Township officials
and the general public. Failure to do so will be grounds for immediate
license suspension by the Zoning Officer. In the event of a denial
of a license or application or suspension of a license, the installer
may appeal said denial to the Board of Supervisors. The request to
appeal the denial or suspension of a license must be made, in writing,
to the Board of Supervisors within 30 days after the denial or suspension
that is to be appealed. Upon receipt of a written request to appeal,
the Board of Supervisors shall, within 30 days of receipt of said
appeal, conduct a hearing to determine whether to issue a license
that has been denied or to reinstate a license that has been suspended.
After conducting a hearing, the Board of Supervisors shall render
a written decision and mail the same to the appellant within 20 days
of the conclusion of the hearing.
[Amended 7-7-2008 by Ord.
No. 2-2008]
All driveways shall be located, designed and
constructed in such a manner as not to interfere or be inconsistent
with the design, maintenance and drainage of the Township highway.
A.
Access driveways should be located in such manner
that they will not cause interference to the traveling public, a hazard
to the free movement of normal highway traffic, areas of undue traffic
congestion on the highway or any alteration of existing natural drainage
or existing natural drainage created and/or existent as a result of
the installation of road shoulders, or in accordance with this principle,
driveways should be located where the highway alignment and profile
are favorable; i.e., where there are no sharp curves or steep grades
and where sight distance in conjunction with the driveway access would
be adequate for safe traffic operation.
B.
Access driveways should not be located at 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. The location of a driveway
near a signalized intersection that has an actuated traffic signal
may include a requirement of the Pennsylvania Department of Transportation
that the permittee provide additional detectors for the control of
traffic movement from his or her establishment or for relocation of
existing detectors.
C.
The center line of access driveways on a corner lot
shall be located at least 50 feet from the edge of the intersecting
right-of-way, except in the case of lots of less than 75 feet in width
where driveways shall be located as far as possible from the edge
of the intersecting right-of-way while maintaining compliance with
other provisions of this chapter.
D.
The center line of an access driveway shall be located
at least 15 feet from any common side property line.
The permissible number, arrangements and width
of driveways shall be governed in part by the highway frontage of
abutting private property. The number of driveways permitted shall
be the minimum number required to serve adequately the needs of the
abutting property. Frontages of 50 feet or less shall be limited to
one driveway. Normally not more than two driveways need to be provided
to any single property tract or business establishment. Exception
may be made where the frontage exceeds 300 feet in length or where
the frontage is along a divided highway. In such instances, requests
for additional driveways shall require prior approval from the Zoning
Officer who, upon receiving said request, prior to granting or denying
approval therefor, shall consult with the Fairview Township Engineer.
A.
The location and angle of an access driveway approach
in relation to the highway intersection shall be such that a vehicle
entering the driveway may do so in an orderly and safe manner and
with a minimum of interference to through highway traffic, and a vehicle
leaving the driveway may enter safely into the lane of traffic moving
in the desired direction.
B.
Where the access driveway approach and highway pavement
meet, flaring of the approach may be necessary to allow safe easy
turning of the vehicle when entering or departing from the driveway.
C.
No part of any access driveway shall be constructed
outside of the applicant's frontage.
D.
Each roadside business establishment shall provide
sufficient parking or storage space off the right-of-way to prevent
the storage of vehicles on the driveway or the backing up of traffic
on the traveled roadway.
E.
No part of the highway right-of-way shall be used
for servicing of vehicles, displays or conducting a private business.
The area between the edge of the pavement and right-of-way line shall
be kept clear of all buildings, sales exhibits, business signs, parking
areas, service equipment, etc.
F.
Improvements on private property adjacent to the right-of-way
shall be so located that parking, stopping and maneuvering of vehicles
on the right-of-way will not be necessary in order for vehicles or
patrons to be served properly.
All access driveways hereinafter constructed
in the right-of-way of Township highways shall be constructed so as
to conform to the following standards and specifications:
A.
Single access driveway approaches shall be positioned
at right angles (90°) to the highway or as near thereto as site
conditions permit. When two access driveways are constructed on the
same property frontage and used for one-way operation, each of these
driveways may be placed at an angle less than a right angle, but not
less than 45° to the highway.
B.
Corner clearance shall be a minimum of 30 feet.
C.
No part of an access driveway shall be located within
10 feet of the property side boundary line. Access driveways common
to two adjacent properties are not permitted.
D.
An intermediate island shall separate all multiple
driveways opening upon the same highway. The island area shall extend
from the shoulder line, ditch line or curbline to the right-of-way
line. The minimum length for an intermediate island measured along
the right-of-way line shall be 10 feet. The minimum length measured
along the shoulder line, ditch line or curbline shall be 20 feet.
The intermediate island area shall be clearly defined.
E.
The width of access driveways shall not exceed 20
feet nor be less than 10 feet when measured at right angles to the
center line of the driveway. A five-foot radius shall be permitted
on each driveway edge where it meets the edge of the paved road. Where
a commercial access driveway approach and the highway pavement meet,
flaring of the driveway shall be required to allow safe and easy turning
of the vehicle either into or out of a commercial development.
F.
Access driveways shall be located at a point of optimum
sight distance along the highway within the property frontage limits.
The profile of the driveway and the grading of the right-of-way area
shall provide a maximum sight distance so that the operator of a vehicle
departing from such a driveway will have optimum visibility in either
direction along the highway.
G.
All driveways shall be constructed in such a manner
as not to impair drainage within the highway right-of-way, alter the
stability of the roadway subgrade or materially change the drainage
of adjacent areas. Where open shoulders or berms exist, the grade
of a paved access driveway(s) shall slope away from the highway pavement
at the same rate as the existing shoulder (unless advised to the contrary
by the Zoning Officer or the Fairview Township Engineer) for the prevailing
width of the shoulder. The first 10 feet of each driveway shall be
boxed out or excavated out in such a manner as to ensure that the
driveway apron is level or flush with the adjacent shoulder. The gradient
of a driveway beyond this point (within the highway right-of-way)
shall not be less than 1/2 inch per foot. The rate of slope for such
driveway ramps shall not exceed one inch per foot. Where conditions
are such that the one inch per foot is not obtainable, an alternate
plan must be submitted to the Zoning Officer for approval. All residential
driveways are to be considered low-volume driveways. All driveways
regulated hereunder shall conform to the driveway construction specifications
as set forth herein or approved by the Zoning Officer or the Fairview
Township Engineer.
H.
Where a drainage ditch or swale exists, no pipe shall
be installed unless the Zoning Officer directs the installation of
said pipe. In the event that pipe is to be installed, the minimum
diameter of such drainage pipe shall be 15 inches. Said drainage pipe
shall extend two feet beyond both outside edges of the driveway surface.
I.
Access driveways shall be appropriately surfaced between
the traveled road and the business or service area with a stabilized
material or a higher material when specified by the Zoning Officer.
J.
The shoulder or berm area leading to the entrance
driveway of a business establishment or other roadside developments
in Fairview Township may be paved for a suitable distance to permit
vehicles to decelerate or accelerate in safety when entering or leaving
the property. Such paving shall be limited to the area in front of
the abutting property and shall be done by the property owner, at
his or her expense, in accordance with recommended Township specifications.
K.
Driveways to depressed properties also must maintain
a low point at the projected shoulder edge to prevent roadway water
from entering onto private property.
Work authorized by a driveway permit for construction
of an access driveway shall be performed at such time and in such
manner so as to conform to all requirements and standards specified
in this chapter and/or specified on the permit itself.
A.
The permittee shall notify the Zoning Officer no less
that 48 hours prior to the commencement of construction of the access
driveway being the subject of the permit. Upon notification, an inspection
will be made by the Zoning Officer prior to the commencement of construction
of the access driveway.
B.
No later than 24 hours following completion of the
construction of the access driveway, the permittee shall notify the
Zoning Officer.
C.
If an inspection of the work discloses that it is
not being or has not been properly performed, the permittee will be
notified, in writing, by the Zoning Officer to take immediate steps,
at the permittee's expense, toward placing the work in such condition
as to conform to the requirements and standards set forth in this
chapter and/or on the driveway permit.
D.
The written notice referred to in Subsection C above shall be on a form approved by the Board of Supervisors and shall contain notice to the permittee to comply with the terms and conditions of this chapter and applicable standards and specifications within a period of time being reasonable under the circumstances, shall order all incorrectly performed work then being performed to cease being performed and shall further notify the permittee of his or her liability of possible violation and conviction under the terms and provision of this chapter.
[Amended 7-7-2008 by Ord.
No. 2-2008]
Any person who shall be convicted before any
Magisterial District Judge of violating or failing to comply with
any of the terms and provisions of this chapter or who shall be convicted
before any Magisterial District Judge of failing to comply with the
terms and provisions of the driveway permit issued hereunder or any
written notice given by the Zoning Officer in accordance with the
terms and provisions of this chapter shall be sentenced to pay a fine
of not less than $200 nor more than $1,000, together with costs of
prosecution, and, in default of payment of such fine and costs, may
be sentenced to imprisonment in the county jail for a term not to
exceed 90 days. Each day during which any violation of this chapter
continues shall constitute a separate offense. In addition to the
above penalties, all other actions are hereby reserved, including,
but not limited to, an action in equity for the proper enforcement
of this chapter. Furthermore, the imposition of a fine or penalty
for any violation of or noncompliance with this chapter shall not
excuse the violation or noncompliance or permit it to continue, and
all such persons shall be required to correct or remedy such violation
and/or noncompliance within 30 days from notice by the Township to
do so.
