[HISTORY: Adopted by the Board of Supervisors of the Township of West Manchester 1-2-1996 by Ord. No. 96-01. Amendments noted where applicable.]
This chapter shall be known as the "West Manchester Township Access Drive Ordinance."
The Board of Supervisors finds it necessary to provide access drives for all lots in West Manchester Township. However, multiple access drives can be counterproductive to traffic safety. It is the purpose of this chapter to permit access to every property in West Manchester Township and at the same time ensure the safety of the traveling public, to protect existing neighborhoods from commercial traffic, to protect certain zones from the detrimental impact of access-related problems caused by more intensive uses of other zones, to protect the Township streets from proliferation of access drives and generally to protect the health, safety and welfare of the citizens and residents of West Manchester Township.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number and words in the singular number include the plural number; any personal pronoun shall be construed so as to mean either the masculine, feminine or neuter gender, as the context may require; and the word "shall" is always mandatory and not merely precatory.
- ACCESS DRIVE
- An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit.
- BOARD OF SUPERVISORS
- The Board of Supervisors of West Manchester Township, York County, Pennsylvania.
- A parcel of land considered as a unit for a principal use and/or from the standpoint of ownership. It may be vacant, devoted to a certain use, occupied by a structure or occupied by a group of structures that are united by a common interest or use.
- A person owning, leasing, occupying or having charge of any premises within the Township.
- Any natural person, firm, partnership, association, corporation, company or organization of any kind.
- The Township of West Manchester, York County, Pennsylvania.
Single-family residential dwelling units contained on single lots are exempt from the standards of this chapter.
Except as otherwise provided in this chapter, all uses, both existing and proposed, including but not limited to commercial uses, industrial uses, office uses, quarry uses and residential uses, shall comply with the terms, provisions and standards of this chapter.
Each person proposing to construct or install an access drive shall submit a plot plan of the lot to be served by the proposed access drive, which plan shall show:
Property lines of the lot.
All public or private roadways adjacent to the lot.
All existing access drives on the lot.
All existing improvements on the lot.
The existing use or proposed use of the lot.
The location of and distance to all access drives within 500 feet of the lot (on both sides of the street).
The location of and distance to all intersecting public or private streets within 500 feet of the lot (on both sides of the street).
The type, weight and number of vehicles that will likely use the proposed access drive, expressed in terms of both the peak hour and the daily total.
Other pertinent information as specifically requested by the Board of Supervisors.
Provided that all the required information has been submitted, each person proposing a subdivision and land development plan that requests an access drive will have his/her request for an access drive reviewed by the Board of Supervisors concurrently with his/her subdivision/land development plan.
Each person requesting an access drive for an existing use that does not require the submission of a subdivision or land development plan must submit his/her request to the Township a minimum of 15 days before the next Board of Supervisors meeting, where the request will be reviewed and acted upon by the Board. The Board shall render a final decision within 60 days of the date of the meeting of the Board of Supervisors where the plan is first considered.
The Board of Supervisors shall apply the following general standards when reviewing requests for access drives:
Joint access drives shall be used whenever practical to alleviate a proliferation of access drives and traffic congestion in order to ensure traffic safety.
Access drives shall be designed to avoid directing heavy commercial and/or industrial traffic through local streets in residential neighborhoods.
Access drives shall be designed to avoid directing heavy equipment or overweight or oversized vehicles onto local streets not designed and constructed to accommodate overweight or oversized vehicles.
Access drives shall be designed and constructed to minimize excessive dust, noise and similar inconveniences to adjoining properties and to avoid depositing dust, mud or other foreign material on the public roadway.
Access drives shall be designed, where practical, to provide access to streets located in the same or similar zoning classification as the lot for which an access drive is proposed.
The number of access drives intersecting with a street line may not exceed one per lot. The Board of Supervisors may grant permission for additional access points where required to meet exceptional circumstances and where frontage of unusual length exists.
After the number and location of access drives on a lot have been approved by the Board of Supervisors, the following specific design requirements must be met:
Access drives shall be located not less than 25 feet from side property lines and not less than 25 feet from rear property lines; provided, however, that this setback may be waived when a joint access drive or joint parking compound is shared by adjoining uses.
[Amended 7-22-2004 by Ord. No. 04-10]
If two access drives are permitted by the Board of Supervisors for the same lot frontage, they shall be separated by a minimum of 150 feet, as measured from the nearest edges of the access drives in all residential and local commercial zones, and 300 feet in all other commercial and industrial zones.
Proper sight distance shall be maintained at all street intersections. Measured along the center line of the street, there shall be a clear-sight triangle with sides as follows:
All access drives shall be paved with concrete or bituminous paving material or with other material approved by the Board of Supervisors. Access drives shall be paved at least 300 feet from the intersection with any street.
Unless specifically approved by the Board of Supervisors, no access drives shall have a curb cut exceeding 35 feet in width as measured at the property line.
Every parking lot and loading space shall be connected to a street by means of an access drive. The access drive shall be at least 24 feet wide, exclusive of curb returns and gutters.
Access drive intersections shall conform to the specifications for minor streets as stated in § 121-23L of the West Manchester Township Subdivision and Land Development Ordinance and the sight distance specifications stated in § 121-23M of the West Manchester Township Subdivision and Land Development Ordinance.
Vehicular parking is prohibited along access drives.
The Board of Supervisors may, by resolution, establish fees for the administration of this chapter. All fees shall be determined by a schedule that is made available to the general public. The Board of Supervisors may reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this chapter and may be adopted at any public meeting of the Board of Supervisors.
[Amended 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
Any person who shall violate any of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this chapter. The amount of the fine imposed for the violation of this chapter shall be established by the officer who determines that a violation has occurred. Notice of the violation of this chapter and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this chapter. If the person violating this chapter fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this chapter, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.
The decision of the Board of Supervisors with respect to the approval or disapproval of any applications submitted pursuant to this chapter may be appealed to the Court of Common Pleas of York County pursuant to the provisions of the Local Agency Law, 2 Pa.C.S.A. § 101 et seq.
The provisions of this chapter are intended as a minimum standard for the protection of the public health, safety and welfare. If the literal compliance with any mandatory provision of this chapter is shown by the applicant, to the satisfaction of the Board of Supervisors, to be unreasonable or to cause undue hardship as it applies to a particular property, or if the applicant shows that an alternative proposal will allow for equal or better results, the Board of Supervisors may grant a waiver from such mandatory provision so that substantial justice may be done and the public interest secured while permitting the reasonable utilization of the property. However, the granting of a waiver shall not have the effect of making null and void the intent and purpose of this chapter.
In granting waivers, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.