This chapter shall be known as the "Hempfield Township Driveway
Permit Ordinance."
The intent of this chapter is to provide minimum standards to
safeguard persons, to protect property, and to regulate the location,
design, construction, maintenance and drainage of access driveways
constructed within the Township of Hempfield.
Wherever used in this chapter, the following words shall have
the meanings indicated:
ACCELERATION LANE
The portion of roadway adjoining the traveled way constructed
for the purpose of enabling a vehicle entering a roadway to increase
its speed to a rate at which it can safely merge with traffic.
ACCESS
A driveway, street or other means of passage of vehicles
between the highway and abutting property, including acceleration
and deceleration lanes and such drainage structures as may be necessary
for the proper construction and maintenance thereof.
CURBLINE
A line formed by the face of the existing curb or, in its
absence, the outer edge of the shoulder, along which curbing is or
may be located.
CULVERT/DRAINPIPE
A structure that carries water from one side of a road, driveway
or other obstruction to the other. A culvert is opened at both ends.
In addition thereto, a natural drainage channel for the purpose of
conveying water along a side of a road, underneath a driveway or other
obstruction to the other.
DECELERATION LANE
The portion of the roadway adjoining the traveled way constructed
for the purpose of enabling a vehicle that is exiting a roadway to
slow to a safe speed after it has left the mainstream of traffic.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from
properties abutting a street. The term includes proposed streets,
lanes, alleys, courts and ways.
DRIVEWAY WIDTH
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
EGRESS
The exit of vehicular traffic from abutting properties to
a highway.
EQUIPMENT
All machinery and equipment, together with the necessary
supplies for upkeep and maintenance, and also tools and apparatus
necessary for the proper construction and completion of work.
FORM 408
The latest revision of highway construction specifications
issued by the Pennsylvania Department of Transportation.
FRONTAGE WIDTH
The distance along the right-of-way line in front of an abutting
property.
IMPROVED AREA
The area within the right-of-way which has been constructed
for street purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities, and any other appurtenances.
INGRESS
The entrance of vehicular traffic to abutting properties
from a street.
INSPECTOR
The Township's authorized representative assigned to
inspect permit operations.
LOW-VOLUME DRIVEWAY
A driveway used or expected to be used by more than 25 but
less than 750 vehicles per day.
MEDIUM-VOLUME DRIVEWAY
A driveway used or expected to be used by more than 750 but
less than 1,500 vehicles per day.
MINIMUM-USE DRIVEWAY
A residential or other driveway which is used or expected
to be used by not more than 25 vehicles per day.
OWN
To hold title to land or a building or be a tenant in a lease
that will not terminate within 15 years of the permit issuance date.
PAVEMENT EDGE
The edge of the main traveled portion of any street, exclusive
of shoulder.
PERMANENT CURBING
Plain or reinforced cement concrete or asphalt curb which
meets Township standards.
PERMIT
A street occupancy permit issued by the Township pursuant
to this chapter.
PERSON
Any natural person, firm, copartnership, association, corporation,
or political subdivision.
PLANS
Drawings which show the location, character, and dimensions
of the proposed occupancy and related street features, including layouts,
profiles, cross sections, drainage, and other details.
PROPERTY LINE CLEARANCE
The distance measured along the pavement edge or curb between
the property frontage boundary line and near edge of the driveway.
PUBLICATION 43
A Pennsylvania Department of Transportation publication,
sometimes called "Bulletin 43," containing requirements for the maintenance
and protection of traffic on construction projects.
PUBLICATION 68
A Pennsylvania Department of Transportation publication containing
regulations governing the design, location, and operation of all official
traffic signs, signals, and markings on and along highways.
PUBLICATION 90
A Pennsylvania Department of Transportation publication containing
requirements for work area traffic control during highway maintenance
operations and utility work.
RIGHT-OF-WAY
The area which has been acquired by the Township for street
purposes.
ROADWAY
That portion of a street improved, designed, or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
SETBACK
The lateral distance between the right-of-way line and the
roadside building, liquid fuel pump island, display stand, or other
object, which will result in space for vehicles to stop or park between
such objects and the right-of-way line.
SHOULDER
The portion of the roadway, contiguous to the traffic lanes,
for accommodation of stopped vehicles, for emergency use, and for
lateral support of base and surface courses and pavements.
SHOULDER LINE
The intersection of the shoulder slope with the side slope
or ditch slope.
SIDEWALK
A paved walkway, continuous for a reasonable distance and
an integral part of the street, constructed solely for use by pedestrians.
STABILIZED MATERIAL
Any aggregate such as aggregate cement, aggregate bituminous
or lime pozzolan, placed in such a manner as to provide a smooth,
stable, all-weather surface not subject to undue raveling.
STOPPING SIGHT DISTANCE
The distance required by a driver traveling at a given speed
to stop the vehicle after an object on the roadway becomes visible
to the driver.
STREET
Includes street, road, lane, alley, or court, intended for
public use and shall include the cartway, sidewalk, gutter or right-of-way
area, whether or not such street, or any part thereof, is owned in
fee by others within the Township.
TRAVELED WAY
The portion of the street for the movement of vehicles, exclusive
of shoulders and auxiliary lanes.
TRAFFIC CONTROL DEVICE
Any sign, signal, marking or device placed or erected for
the purpose of regulating, warning or guiding vehicular traffic or
pedestrians, or both.
TURNING RADIUS
The radius of an arc which approximates the turning path
of the exterior corner of a vehicle.
VEHICLE
Every device in or by which any person or property is or
may be transported or drawn upon a highway. The term includes special
mobile equipment as defined in the Vehicle Code of the Commonwealth
of Pennsylvania.
Any person, partnership, corporation or any other type of entity
filing an application for a driveway permit with Hempfield Township
shall, at the time of said filing, pay to Hempfield Township a fee
as shall be set forth in a resolution duly adopted by the Board of
Supervisors of Hempfield Township.
Any person, partnership or corporation violating any provision
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding, pay a judgment of not more than $500 per lot
or parcel, plus all court costs, including reasonable attorney's
fees incurred by the Township of Hempfield as a result thereof. Each
day that a violation continues shall constitute a separate violation
hereof, unless the District Justice determines that there was a good
faith basis for the person, partnership or corporation violating this
chapter to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the fifth day following the date of the District Justice determination
of a violation, and thereafter, each day that a violation continues
shall constitute a separate violation. All moneys collected for such
violations shall be paid over to the Township of Hempfield. The description
by metes and bounds in the instrument of transfer or other document
used in the process of selling or transferring shall not exempt the
seller or transferor from such penalties or from the remedies herein
provided. Further, the appropriate officers agents of the Township
of Hempfield are hereby authorized to seek equitable relief, including
injunction, to enforce compliance with this chapter.