[HISTORY: Adopted by the Board of Supervisors of Lower Gwynedd
Township 5-14-2024 by Ord. No. 546.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance amended in its entirety former
Ch. 1044, Driveways. Prior history includes Ord. No. 16, passed 10-13-1954.
This chapter will be known and hereinafter referred to as the
"Lower Gwynedd Township Driveway Ordinance."
For the purposes of this chapter, the following, terms shall
have meanings ascribed thereto as follows:
An applicant for a permit.
The Board of Supervisors of Lower Gwynedd Township or its
designated representative(s).
The party, person firm, partnership, and/or corporation who
or which installs a driveway, including all agents, officers, or employees
of said party, person, firm, partnership and/or corporation.
Any area of land designated or to be used as a means of ingress
and/or egress for either vehicles and/or pedestrian traffic from a
public road to a piece, parcel, or tract of land.
The owner of the tract of land upon which the driveway is
located.
The Department of Transportation of the Commonwealth of Pennsylvania
and any successor agency.
A permit issued by the Township to signify approval of the
driveway connection.
Any individual or individuals, partnership, company, association,
society, corporation or other group or entity.
Any road, street, alley, or public thoroughfare whether actually
maintained by the Township as part of its road system or whether shown
on a subdivision or land development plan and intended to be offered
or dedicated to the Township in the future as part of its road system.
The demolition or removal of a portion of an existing curb
or sidewalk and relaying the same with new material.
The total width, including the cartway, of a road.
The Lower Gwynedd Township Subdivision and Land Development
Ordinance of 1976, as amended.[1]
The Township of Lower Gwynedd, Montgomery County, Pennsylvania.
(a)
No person, owner and/or contractor shall hereafter install, initiate
any work, or allow the installation or initiation of any work toward
the installation of a driveway without first obtaining a permit from
the Township.
(b)
Any driveway intersecting with a state-owned road shall require a
driveway permit from PENNDOT.
(c)
Any driveway intersecting with a county-owned road shall require
a driveway permit from Montgomery County.
(a)
All driveways shall be constructed in conformance with the following
standards:
(1)
Residential driveways. A minimum of eight-inch stone base course
and a two-and-one-half-inch bituminous course or equal paving approved
by the Township.
(2)
High-density residential, commercial and industrial driveways.
A minimum of four inches 2A modified aggregate, and six inches reinforced
concrete; or a minimum of six inches 2A modified aggregate plus 4.5
inches "base course," plus 1 1/2 inches "Superpave," 9.5 mm Superpave
wearing course top.
(3)
Stone driveways. Consisting of a minimum of six inches of 2A
or 2RC modified aggregate are permitted, for low-density residential
driveways, providing that the first 15 feet measured from edge of
the paved cartway of the public road is constructed to standards in
Subsection (a)(1) above for the required type of driveway.
(b)
For any residential corner property fronting on an arterial or collector
street, there shall be a minimum distance of 100 feet between the
centerline of the driveway and the edge of the cartway of the street
intersection. Such minimum distance shall be increased to 200 feet
for a nonresidential or multifamily corner property.
(c)
For any corner property fronting on a local street, there shall be
a minimum distance of 40 feet between the centerline of the driveway
and the edge of the cartway of the street intersection.
(d)
The sight distance for all driveways shall comply with the requirements
for state highways prescribed by PENNDOT as codified at 67 Pa. Code
§ 441.8, and amendments and addenda thereto.
(e)
To ensure adequate visibility, the entire frontage of the lot shall
be graded to a slope of 2% to the right-of-way line.
(f)
Driveways shall have a minimum width of 10 feet for single-family
dwellings and 16 feet for shared driveways; however, in any case,
the maximum width shall not exceed 24 feet. For nonresidential driveways,
minimum widths and turning radii shall be provided in accordance with
PENNDOT standards; provided, however, that the Township may require
greater widths based upon expected traffic volumes, expected vehicle
sizes and/or the addition of turning lanes. Median islands shall be
provided as determined by the Township.
(g)
All driveways shall be separated from any property line by a planting
strip of not less than three feet in width and from all fire hydrants
a distance of five feet.
(h)
Driveway profiles shall conform to the slope guidelines in accordance
with PENNDOT criteria.
(i)
In any zoning district permitting residential use, driveway access onto a major roadway shall be prohibited, unless frontage does not exist to a street of lesser classification. If a property has more than one street frontage, access shall be taken to the lower classification of street or road. Section 1230.39(d) of SALDO shall also be applicable to driveways.
(j)
Driveways shall be protected with a clear sight triangle. Two apexes
of the triangle shall be located in both directions along the street
centerline, 75 feet from a point where the centerline of a driveway
and the street intersect. The vertex of the triangle shall be located
along the centerline of the driveway and five feet from the property
or street right-of-way. No permanent obstructions and/or plant materials
over three feet in height shall be placed within the clear sight triangle.
(a)
All driveways shall be constructed in a manner that will not impede
or divert the normal flow of surface drainage. At the point where
any driveway adjoins a public road the driveway shall have the same
degree of slope as the existing shoulder and in no case less than
one inch per foot of drop, with the low point in line with the existing
gutter line. Drainage pipes shall not be used in connection with the
construction of any driveway unless prior written approval is obtained
from the Township.
(b)
The Township may require that stormwater runoff calculations be submitted
in order to determine the amount of additional stormwater that will
be discharged onto a public road. If the Township determines that
the additional stormwater runoff will create an adverse condition
for existing facilities, the Township may refuse a permit until appropriate
measures are taken to eliminate such adverse condition.
(c)
All driveways shall be constructed in a manner which shall prevent
mud, stones, and other debris from being deposited on the right-of-way
of any public road.
(a)
Each lot improved with a residence shall have no more than one driveway.
A "horseshoe" driveway configuration on a single-family residential
lot shall constitute one driveway. Each lot improved with a nonresidential
use, including multifamily use, shall have no more than two driveways.
If a property has more than one frontage, access must be taken to
the street or road of lower classification.
(b)
The Board may require the use of shared driveways, where possible,
to minimize access points along existing and proposed roadways and
access drives.
(a)
Any person, owner and/or contractor shall, prior to obtaining a driveway
permit, file an application, on an application form supplied by the
Township, reflecting and showing the location of the driveway relative
to the premises and designating the course, grade, structure, materials,
and drainage facilities, if any, involved in the construction of the
driveway.
(b)
The Township shall review the application and shall determine if
the proposed method of constructing or making said connection, as
reflected on the application, will:
(1)
Minimize the adverse impact of stormwater runoff or surface
drainage resulting from said connection;
(2)
Not cause damage to the road to which the driveway is to be
connected; and
(3)
Not create or increase hazardous driving conditions for those
persons using the road to which the driveway is to be connected.
(c)
If found satisfactory by the Township, the permit will be issued
or caused to be issued by Township staff. If the plan is found deficient,
or if in the opinion of the Township the plan could be improved so
as to:
(1)
Minimize the adverse effect of stormwater runoff;
(2)
Lessen drainage to the public road to which the driveway is
connected; or
(3)
Lessen hazardous driving conditions on the road to which the
driveway is to be connected (including provisions for a clear sight
triangle), the Township shall, by written communication, notify the
applicant of the changes to be made. The applicant shall immediately
make such changes and return the revised plan to the Township. When
such plan is in acceptable form and approved by the Township, the
permit will be issued.
All driveways along private roads, including roads in new subdivisions,
shall conform to this Chapter before the Township will accept dedication
of the road as a public road of the Township.
Such fees shall accompany the application as the Board shall
prescribe from time to time, and shall be accompanied by an inspection
escrow, if deemed necessary by the Township.
All construction in any way incidental to the installation of
the driveway shall be performed in strict conformance with the approved
plans. After the proposed driveway has been stoned in, but before
the driveway has been blacktopped, the person to whom the permit has
been issued shall notify the Township. The driveway shall not be blacktopped
until the stoned-in area has been inspected and approved by the Township
or its designated representative.
Any owner, person and/or contractor who or which shall violate
any of the provisions of this chapter shall, upon conviction thereof
in an action brought before a Magisterial District Judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this chapter continues or each section of this
chapter which shall be found to have been violated shall constitute
a separate offense. All fines collected for the violation of this
chapter shall be paid to the Treasurer of the Township and may be
used in any manner by the Township.
