[HISTORY: Adopted by the Board of Supervisors of Fairview
Township 1-21-1998 by Ord. No. 98-19. Amendments noted where applicable.]
A.
This chapter shall be known as the "Fairview 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. 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, or installing or replacing a culvert pipe. 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 of the
state right-of-way.
D.
A driveway permit shall be required when an improvement, such as
the installation of gravel, asphalt, paving blocks, concrete or any
other improvement, that interferes with plowing operations or roadway
drainage is undertaken by the owner.
A.
No person, firm, corporation or other entity shall make a driveway
cut into a Township road, install a culvert pipe, access Township
roads, 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 Township
road until a permit has been issued by the Township for such work.
B.
A permit application shall be submitted to the Township Zoning Administrator
by the owner or authorized representative of the owner prior to the
issuance of a driveway permit.
C.
The Township Zoning Administrator shall review the application and
either issue a permit or provide written comments as to why the permit
cannot be issued as applied for.
A.
The Township Zoning Administrator 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 Administrator to request an inspection
at least seven days prior to completion of the work.
B.
Upon satisfactory completion of the work, the Township Zoning Administrator
shall sign the permit indicating approval of the driveway as constructed
or reconstructed.
A.
All driveways and related improvement 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 traveling public (see the Driveway Construction Detail Drawing[1]).
[1]
Editor's Note: The Driveway Construction Detail Drawing is
included as an attachment to this chapter.
B.
Repairs to a driveway, a driveway entrance, drain, culvert, swale
or ditch shall be performed in such a manner that the repairs shall
not change the original design or existing conditions or drainage
patterns unless a new design and specifications are submitted for
approval. Repairs to driveways shall conform to the Driveway Construction
Detail Drawing.
C.
Pipes under driveways shall be sized based on the twenty-five-year
storm event runoff, but shall not be less than 12 inches in diameter
in any case.
[Amended 11-7-2012 by Ord. No. 2012-4]
D.
All culvert pipe must be of corrugated steel, aluminum, high-density
polyethylene, or reinforced concrete, or other material, if approved
in writing by the Board of Supervisors.
E.
Driveway entrances shall be located so as to provide safe access
to the intersecting road. The property owner shall be responsible
for maintaining adequate sight distance. The minimum sight distance
for a driveway entering onto an arterial or collector shall be in
accordance with Pennsylvania Code, Title 67, Transportation, Department
of Transportation, Chapter 441, Access to and Occupancy of Highways
by Driveways and Local Roads.
F.
Driveway grades shall not exceed 6% within the road right-of-way,
or within 10 feet of the edge of the existing cartway, and shall not
exceed 15% on the remainder of the driveway. Special consideration
shall be given to avoid excessive cuts and/or fills to achieve this
standard. Slopes on cuts or fills shall not exceed 2:1 (two horizontal
to one vertical). The maximum difference in grade between the cross
slope of the road and the driveway grade is 8% (see the Driveway Construction
Detail Drawing).
G.
Not more than two driveway entrances shall be permitted for a residential
driveway. A separate permit is required for each driveway entrance.
The driveway entrances shall not be closer than 50 feet apart, measured
at the street right-of-way line, from the center of one driveway to
the center of the other driveway. When two driveway entrances are
proposed, the maximum width of each driveway shall be 15 feet measured
at the street right-of-way line.
H.
For residential driveways, entrances shall be rounded at a minimum
radius of five feet and a maximum radius of 20 feet and shall have
a minimum width of 10 feet and a maximum width of 40 feet at the street
right-of-way line.
[Amended 11-7-2012 by Ord. No. 2012-4]
I.
Not more than two driveway entrances shall be permitted for a nonresidential
driveway. A separate permit is required for each driveway entrance.
The driveway entrances shall not be closer than 50 feet apart, measured
at the street right-of-way line, from the center of one driveway to
the center of the other driveway. Nonresidential driveway entrances
and exits shall be clearly delineated by physical means. Such physical
means shall not be located within the Township right-of-way. Line
painting shall also be required. The driveway surface shall be paved
to the right-of-way line with a bituminous surface treatment (i.e.,
tar and chip) at a minimum.
J.
For nonresidential driveways, entrances shall be rounded at a minimum
radius of 20 feet and a maximum radius of 50 feet, and shall have
a minimum width of 20 feet and a maximum width of 30 feet at a point
50 feet back from the edge of the cartway.
K.
Driveways shall intersect roads as nearly as possible to 90°,
but not less than 60° nor greater than 120°.
L.
Driveways shall be constructed as follows: Compact and prepare suitable
subgrade; and place six-inch compacted depth of Modified 2A aggregate.
On those portions of the driveway with slopes greater than 8% that
are within 100 feet of the intersecting roadway, the driveway surface
shall be paved with a bituminous surface treatment (i.e., tar and
chip) at a minimum. Alternate proposals for driveway construction
may be permitted on a case-by-case basis by the Township Zoning Administrator
provided the intent of this chapter is maintained.
M.
Where the driveway pavement abuts the road surface, the driveway
shall be flush with the roadway surface.
N.
A plan or description of proposed methods for controlling stormwater
runoff and erosion and sedimentation control shall be submitted with
each application for a permit. A driveway shall not be used as means
of conveying stormwater runoff away from the physical improvements
on the property. Stormwater runoff shall be directed to stable, pervious
areas whenever possible.
O.
In the preparation of 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. The note shall make specific reference to the number
and name of this chapter.
P.
No driveway material shall be permitted in the cartway.
In case any person shall construct a driveway or install a culvert
pipe and shall not conform to the requirements of this chapter, the
Township may order such person to remove the improper work and replace
same in compliance with this chapter. Notice to remove and replace
improper work shall be given by certified mail, and shall state that
compliance shall be made within 10 days from receipt of the notice.
If, after the 10 days from receipt of the notice, the applicant fails
to construct a driveway or install a culvert pipe as required by the
Township, the Township may install said culvert pipe or driveway and
may impose the cost of engineering and legal services, and the costs
of material and labor for installation of the culvert pipe or driveway,
against the property owner and shall lien the property for the said
costs.
A.
Any person who violates or permits the violation of this chapter
shall be required to pay a criminal fine of not less than $50 nor
more than $500, together with costs of prosecution, for each such
violation, and may upon default of payment of said fine be sentenced
to imprisonment to the extent allowed by law for the punishment of
summary offenses. A separate offense shall arise for each day or portion
thereof in which a violation of this chapter is found to exist. The
enforcement of this chapter shall be by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
