Township of Silver Spring, PA Access Drive and Driveway Occupancy

Roadway excavations have resulted in damage, improper drainage and uneven riding surfaces on Township roadways, all to the danger and hazard of vehicular traffic.

Roadway excavations have resulted in increased costs of repairs and maintenance of public roads.

The Township deems it necessary for the proper management, maintenance and control of its public road system to regulate the connection of access drives and driveways to Township roads.

§ 356-3 Definitions and word usage.

The following words shall have the particular meaning assigned by this section in the appropriate sections of this article.

The word "shall" is always mandatory and not merely directory.

Whenever in this article the words "directed," "required," "permitted," "ordered," "designated," "prescribed" or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Township Engineer is intended; and, similarly, the words "approved," "acceptable" or "satisfactory" or words of like import shall mean approved by, acceptable to or satisfactory to the Township Engineer.

The following words, terms and phrases when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

ACCESS

A driveway, street or other means of passage of vehicles between the roadway and abutting property, including acceleration and deceleration lanes and such drainage structures as may be necessary for the proper construction and maintenance thereof.

ACCESS DRIVE

An improved cartway designed and constructed to provide for vehicular movement between a street and a single tract of land containing any use other than one single-family dwelling unit or farm.

ALLEY

A strip of land over which there is a private right-of-way intended to provide vehicular access to the side and/or rear of those properties whose frontage is on a public street. An alley is not intended for general traffic circulation.

BOARD

The Board of Supervisors of Silver Spring Township, Cumberland County, Pennsylvania.

COMMONWEALTH

The Commonwealth of Pennsylvania.

CONTRACTOR

The person who installs access drives or driveways or excavates in a Township roadway, including all agents, subcontractors, officers or employees of that person or business entity.

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.

DEPARTMENT

The Department of Transportation of the commonwealth.

DRIVEWAY

A cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm.

EGRESS

The exit of vehicular traffic from abutting properties to a roadway.

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 the work.

HIGHWAY

A highway or bridge on the system of state highways and bridges, including the entire width between right-of-way lines, over which the Department has assumed or has been legislatively given jurisdiction.

IMPROVED AREA

The area within the right-of-way which has been constructed for roadway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities, and any other appurtenances.

IMPROVEMENTS SPECIFICATIONS MANUAL

The manual or parts thereof which has been adopted by resolution of the Board of Supervisors and that constitutes the design and construction standards for improvements located within the Township.

INGRESS

The entrance of vehicular traffic to abutting properties from a roadway.

INSPECTOR

The Township's authorized representative assigned to inspect permit operations.

LOCAL ROAD

Every public roadway other than a state highway. The term includes existing or proposed streets, lanes, alleys, courts and ways.

OWNER

The owner of the land upon which an access drive or driveway is located and his successors or assigns.

PENNDOT

Pennsylvania Department of Transportation.

PERMIT

An access drive and driveway occupancy permit issued by the Board pursuant to this article.

PERMITTEE

The holder of a duly issued permit.

PERSON

Any natural person, firm, partnership, association, corporation or political subdivision.

PLANS

Drawings which show the location, character and dimensions of the proposed occupancy and related roadway features, including layouts, profiles, cross sections, drainage, and other details.

RIGHT-OF-WAY

Land reserved for use as a street, alley, crosswalk, utilities or other public or private use.

ROADWAY

That portion of a road improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.

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.

SIDEWALK

A paved walkway, continuous for a reasonable distance and an integral part of the road, constructed solely for use by pedestrians.

STREET

Includes any street, highway, road, lane, court, alley or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel.

STREET, PRIVATE

A street not offered for dedication or whose dedication was not accepted by the municipality.

TOWNSHIP

Silver Spring Township, Cumberland County, Pennsylvania, or its duly appointed representative.

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.

TRAVELED WAY

The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

§ 356-4 Permit application procedure.

Permit. No person shall hereafter install or alter an existing access drive or driveway which connects to a public street or allow any work incident to the alteration or installation of an access drive or driveway which connects to a public street, including the alteration of existing drainage characteristics, without first obtaining a permit from the Township.

No combined permits. Each access drive or driveway, whether or not serving the same premises, shall require an individual permit.

Eligible applicants. Permit applications shall be submitted in the name of and executed by the owner of the property.

Application submission. Permit applications shall be submitted to the Township. Permit applications shall be submitted at least 30 business days prior to the construction of any building which the proposed access drive or driveway will serve to assure that the access drive or driveway can be constructed in accordance with this article. Permit applications and respective fees are not required if an access drive or driveway was approved under the land development process.

Application procedure and required information. Any owner shall, prior to obtaining a permit for an access drive or driveway connection, file an application with the Board, on a form furnished by the Board. The application shall be accompanied by such permit issuance fees and general inspection fees as determined by resolution from time to time by the Board. Issuance fees are used to defray costs incurred by the Township in reviewing and processing the application and plan(s), including the preliminary review of the site location identified in the application, and issuing and processing the permit. General inspection fees are used to defray costs incurred by the Township in spot inspection(s) during the progress of the work and after it has been completed to ensure compliance with the permit and these regulations. Permit applications shall include the following items:

(1)

One completed copy of the application for an access drive and driveway occupancy permit.

(2)

Three sets of plans, detailing the location and dimensions of the proposed installation and related roadway features. The plan shall indicate the following:

(a)

Geometric information such as width, radius, dimensions and location of the public road, right-of-way, slope and grades, length of driveway to residence or building, and distance to property lines and nearest driveway(s) and intersection(s). In conjunction with submission of the application, the applicant shall place a stake at the desired location, which shall coincide with the submitted plan.

(b)

Safe sight distances as obtained from actual field measurement and clear-sight triangles shall be indicated on the plan. Measurement of sight distance shall be accomplished in accordance with the requirements of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring. Signature on the application by the owner shall be an admission that the indicated sight distance is the result of actual field measurement.

(c)

Drainage culvert (if applicable) or swale including related grades as may be required. The determination for installation of a culvert pipe or swale shall be made by the Township following initial review by the Township representative. The application must also include a long-term drainage and erosion control plan which shall specify provisions for roadside drainage and control and mitigation of surface water runoff created by installation or improvement of the driveway.

(d)

When determined by the Township, a stormwater management plan shall be filed in accordance with the requirements of Chapter 345, Stormwater Management, of the Code of the Township of Silver Spring, in which case approval of the stormwater management plan shall precede issuance of an access drive and driveway occupancy permit.

(3)

Permit fee in the amount specified in the fee schedule as established by resolution or ordinance of the Board of Supervisors.

(4)

A restoration and maintenance security pursuant to the following:

(a)

The amount of security shall be determined by the Township Engineer to assure restoration of the road and the structural integrity as well as function of the restoration work for a period of 18 months.

(b)

The security shall be submitted in the name of the Township in the form of cash or letter of credit issued by a bank maintaining an office in the Commonwealth of Pennsylvania, all such instruments to be in form and substance acceptable to the Township.

(5)

Traffic control plan. Submission of a traffic control plan is required when the applicant anticipates that it will be necessary to close all or a portion of a lane to vehicular traffic in order to perform the permitted work. The plan shall clearly indicate how the work area, vehicular and pedestrian traffic will be protected, maintained and controlled. A traffic control plan shall consist of a detailed drawing, showing actual site conditions and the necessary traffic control requirements for the specific project.

§ 356-5 Issuance of permits.

General rule. An application for an access drive and driveway occupancy permit shall be submitted to the Township-designated representative who has been authorized to receive applications at the Silver Spring Township Building on any business day. The Township-designated representative shall, within 16 business days from the municipal receipt of an application, issue a permit, request additional information or disapprove the application and transmit the decision in writing to the applicant and the Township Board of Supervisors. Failure of the Township-designated representative to render a decision and communicate it as prescribed above shall not be deemed an approval. A notice of disapproval shall cite the reasons for disapproval.

Permit issued only to property owner. Permits will be issued only to the owners of the property. Permits will not be issued to contractors of the property owner or to any person other than the owner of the property.

Issuance of a permit under this article does not relieve the permittee from any additional responsibility to secure other federal, state or local approvals or permits as may be required by law,

Performance guarantee. Where the applicant will be required to perform a substantial amount of work within the Township's right-of-way, the Township may require a performance guarantee as a prerequisite to issuance of the permit.

Work completion notification. When all permitted work has been completed, the applicant shall notify the Township in writing.

§ 356-6 General conditions.

The following conditions shall apply to permits issued under the provisions of this article.

Scope of permit. The permit shall be binding upon the permittee, its agents, contractors, successors and assigns.

(1)

The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employees, agents and contractors.

(2)

The permittee shall be principally liable to the Township for any failure to comply with the permit and this article. The principal liability of the permittee to the Township shall not preclude the permittee or the Township from bringing any action against the permittee's contractor, subcontractor, engineer, architect or any other person.

(3)

The Township, in granting a permit, will waive none of its powers or rights to require the future change in operation, removal, relocation or proper maintenance of any access within the Township's right-of-way.

Work to conform to Township standards. The work shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring and its Improvements Specifications Manual. If at any time it shall be found by the Township that the work is not being done or has not been properly performed, the permittee, upon being notified in writing by the Township, shall immediately take the necessary steps at its own expense to place the work in condition to conform to such requirements or standards. In case any dispute arises between the permittee and the Township, the Township shall have the authority to suspend work until the question at issue can be referred to and be decided by the Board of Supervisors.

Restoration. All disturbed portions of the existing road, including slopes, and all appurtenances and structures, such as guide rail or drain pipes, shall be restored to a condition at least equal to that which existed before the start of any work authorized by the permit.

Altering drainage is prohibited.

(1)

Unless specifically authorized by the permit, the permittee shall not:

(a)

Alter the existing drainage pattern or the existing flow of drainage water; or

(b)

Direct additional drainage of surface water onto or into the Township right-of-way or existing right-of-way facilities in a way which would have a detrimental effect on the right-of-way.

(2)

The permit does not authorize the permittee to direct, divert or otherwise drain surface waters over the property of any other property owner.

(a)

The permit does not in any way relieve the permittee from acquiring the consent, permission or other authorization from any property owner which the Township determines may be adversely affected by drainage alterations.

(b)

The permittee is responsible for any damage caused to any property owners as a result of work done under the permit.

Disposition of materials. Disposition of materials shall comply with the following:

(1)

Roads shall be kept free of mud and other material from construction traffic accessing the site.

(2)

Dust control measures shall be implemented to control dust conditions created by the construction.

(3)

All excess material and material not suitable for backfill shall be removed and disposed of outside the right-of-way.

(4)

All retained suitable material shall be placed or stored outside the improved area in a manner that will not interfere with the flow of water in any gutter, drain, pipe, culvert, ditch or waterway.

Damage to public roads. The owner is responsible for damage to any portion of the public road caused by equipment en route or used at the work site. Township roads shall be protected in accordance with the following:

(1)

To protect the pavement and shoulders, all equipment shall have rubber wheels or runners and shall have rubber, wood or similar protective pads between the outriggers and the surface, unless otherwise authorized by the permit.

(2)

In the event that other than rubber-equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood or other suitable protective material having a minimum thickness of four inches, unless the permit requires the permittee to repave the roadway full width.

(3)

If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former condition at the permittee's expense.

Traffic protection and maintenance. Maintenance and protection of traffic shall be carried out in accordance with the requirements of PennDOT Publication 213 and Manual on Uniform Traffic Control Devices (MUTCD), latest revision(s). The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property. A traffic control plan shall be submitted to and approved by the Township Engineer before detouring any traffic.

Paving. All access drives and driveways which are constructed and have access onto a paved public road shall be paved in accordance with the requirements of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring.

Overnight parking. Where construction permitted by this article requires equipment to park at the site overnight, it shall be located a minimum of four feet from the edge of the cartway of the Township road.

Sight distance and clear-sight triangle. Sight distance and clear-sight triangles shall be provided for all access drives and driveways in accordance with the requirements of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring.

Permit issuance. If the plans meet the criteria above, the Township shall issue the permit. If the application is found to be deficient, or if in the opinion of the Township the plan should be revised in order to meet the criteria above, the Township shall notify the owner of the changes to be made, whereupon the applicant shall make such changes and return the revised plans to the Township. When the application is acceptable to the Township, the permit shall be issued.

Indemnification. The permittee shall fully indemnify and save harmless and defend the Township of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about or upon the work by, at the instance or with the approval or consent of the permittee; from any failure of the permittee or any such person to comply with the permit or these regulations; and for a period of two years after completion of the permitted work, from the failure of the roadway in the immediate area of the work performed under the permit where there is no similar failure of the roadway beyond the area adjacent to the area of the permitted work.

Restoration and maintenance security. The permittee shall provide security to guarantee restoration of the road and the structural integrity as well as function of the restoration work for a period of 18 months. If within this period the Township determines that the backfilling, surface restoration or maintenance of the disturbed area is defective, it shall notify the owner, in writing, to that effect. Promptly upon receipt of such written notice, the owner shall take immediate steps to correct such defects. If the owner fails to take immediate corrective action, the Township may perform the work itself or cause the same to be performed by another person. The owner and the surety on its bond shall be liable for all costs and expenses incurred by the Township in correcting such defects and for any penalty assessed as a result of the owner's failure to take immediate corrective action.

Owner's responsibility. As part of obtaining a driveway permit, all property owners shall be responsible for long-term maintenance of the driveway and related drainage or stormwater management plan. In the event that excess stormwater runoff or sediment is diverted onto public roads the owner will be given notice and required to make necessary corrections to bring the driveway and drainage into compliance. In the event that a driveway culvert pipe becomes crushed or blocked, it shall be replaced by the owner at the owner's expense. The Township reserves the right to require the owner to make repairs, to make the repair at the owner's expense or to contract with a third party at owner's expense to perform the needed repairs. All property owners shall be responsible for any and all costs for maintenance to public roadways resulting from water runoff caused by improperly maintained driveway pipes.

§ 356-7 Additional specifications by ordinance.

From time to time the Board of Supervisors may adopt by ordinance such additional access drive and driveway specifications and requirements and may supplement or modify the access drive and driveway specifications set forth in this article. Any violation of the additional requirements or specifications, modifications and supplements, as duly adopted, shall be subject to the penalties set forth in § 356-9 of this article.

§ 356-8 Inspection.

It shall be the duty of the Township to inspect all work for conformity with all of the ordinances of the Township. Notice must be given by the owner and/or contractor to the Township when the work is sufficiently advanced for inspection, when it shall be the duty of the proper officer to inspect the same after receipt of said notification.

§ 356-9 Violations and penalties.

Any person which violates or permits a violation of any of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding, pay a fine of not more than $600 plus all court costs, including reasonable attorneys' fees incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge and/or Court. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each and every day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance therewith.