[HISTORY: Adopted by the City Council of the City of Altoona 3-24-2010 by Ord. No. 5607; amended in its entirety 4-13-2011 by Ord. No. 5619. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Board of Appeals — See Ch. 11.
Building Code — See Ch. 270.
Planning Code — See Ch. 535.
Streets and sidewalks — See Ch. 633.
This chapter shall be known as the "Driveway Construction Ordinance."
It is in the public interest to regulate the locations, design, construction, maintenance and drainage of access driveways, local roads and other property within the City rights-of-way for the purpose of security, consistency, maintenance, proper drainage, and safe and reasonable access.
For purposes of this chapter, the following definitions shall apply:
CITY
City of Altoona, Blair County, Pennsylvania.
CONCRETE
Refers to PennDOT approved concrete with a twenty-eight-day minimum mix design compressive strength of 3500 psi.
CONTRACTOR
The person, firm, corporation or other business entity which intends to construct or install a driveway, including all agents, officers, or employees of that person, firm, corporation or business entity.
COUNCIL
City Council of the City of Altoona.
DRIVEWAY
Any area of land designated or to be used as a means of ingress or egress for vehicles traveling from a City roadway to any parcel of land or from any parcel of land to a City roadway. "Driveway" shall also include such drainage structures and erosion control materials as may be necessary and/or required for the proper function thereof.
OFFICE
Public Works Department, City Hall, 1301 12th Street, Suite 300, Altoona, PA 16601-3491.
OWNER
The owner of land upon which a driveway is located, constructed, or installed or is proposed to be located, constructed, or installed.
PENNDOT
Pennsylvania Department of Transportation.
PERMIT
The permit issued by the City relating to the design and construction of driveways and driveway connections.
ROADWAY
Any open road, street, avenue, highway, right-of-way or public thoroughfare, including the entire width between right-of-way lines, whether actually maintained by the City, and/or any road, street, highway, alley or public thoroughfare, including the entire width between right-of-way lines, shown on a subdivision or land development plan intended to be dedicated to the City of Altoona in the future.
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.
A. 
No owner or contractor shall hereinafter construct, install or allow any work to be performed toward the installation of any driveway, either temporary or permanent, within a City right-of-way or abutting any City roadway without the owner first obtaining a permit from the City. A permit shall be obtained by having the owner submit an application to the City of Altoona's Public Works Department, City Hall, 1301 12th Street, Suite 300, Altoona, PA 16601-3491.
B. 
Each application shall be submitted to the City's Public Works Department on a form furnished by the Department. All associated fees shall accompany the application. The fees shall be in accordance with the prevailing fee resolution, as amended from time to time by the City. A copy is available at the City Clerk's office.
C. 
Each application shall be submitted to the City at least 10 working days prior to the anticipated start of work.
D. 
In the case of a subdivision plan application with roadways to be constructed and dedicated to the City, driveway plans must be submitted with the preliminary subdivision plan to the City for review of the proposed driveway locations on the proposed roadway.
E. 
A permit shall be valid for a period of 12 months from the date of issuance. If the permittee has not completed all authorized work within said twelve-month period, the permit shall expire and a new application, permit, and all associated fees shall be required.
A. 
Each application shall have attached thereto a plan showing the design of the driveway that designates all dimensions, radii, percent grade, sizes and materials to be used, drainage facilities involved, and all other information necessary for the construction, as applicable. All land development, subdivision and like plans shall be prepared and sealed by a registered professional engineer.
B. 
All driveways and driveway plans shall take into account and reflect the standards and specifications of the permit attached as Exhibit A, current edition,[1] and the following:
(1) 
Driveways within the City where sidewalks exist or are proposed are required to be concrete. If no sidewalk exists or is proposed, driveways may be constructed using concrete, asphalt, brick, or 2A stone in accordance with City standards and specifications. The City reserves the right to limit the use of 2A stone depending on site conditions.
(2) 
In areas where driveways require a stormwater cross-pipe, a driveway cross-pipe (culvert) must be installed in accordance with the City or permit standards and specifications and/or comments.
(a) 
All culverts must be installed at the size indicated on the approved plans and/or permit.
(b) 
All culverts must be protected at the inlet and outlet with a pipe end section or concrete headwall approved by the City.
(c) 
Unless otherwise approved in writing by an authorized representative of the City, the minimum size of culvert pipe shall be fifteen-inch diameter.
(d) 
The type and minimum amount of cover provided over the culvert shall be in accordance with the pipe manufacturer's specifications. If minimum cover cannot be provided or if directed by the City, reinforced concrete pipe shall be used.
(3) 
When construction access is required, a "rock construction entrance" shall be provided in accordance with approved best management practices. This entrance shall be located at the approved driveway location. Permanent drainage, i.e., culvert, and erosion control measures, shall be installed as per the approved plan/permit and/or approved erosion and sedimentation plan.
(4) 
Horizontal alignment for minimum-use driveways shall be in accordance with the PennDOT minimum-use driveway specifications and the City permit standards and specifications attached as Exhibit A.[2] Driveways adjacent to an intersection shall be a minimum of 20 feet from the pavement edge of an intersection with a curbed street or a minimum of 30 feet from the pavement edge of an intersecting uncurbed street. In addition, driveways shall be a minimum of 15 feet from the edge of an intersecting alley.
[2]
Editor's Note: Permit standards and specifications are available from the City Clerk's office.
(5) 
Driveway horizontal and vertical alignment geometries shall be in accordance with the grade requirements of the latest edition of PennDOT Publication 70 (Guidelines for the Design of Local Roads and Streets), Pennsylvania Code Title 67, Chapter 441 (Access to and Occupancy of Highways by Driveways and Local Roads), and the design criteria of any other publications incorporated therein by reference which are in effect as of the date the application is filed.
(6) 
In general, only one driveway per property or adjoining properties under the same ownership will be approved. Only properties with a frontage length of 100 linear feet or greater may be considered for a second driveway. In addition to frontage, consideration for a second driveway will also be dependent on property size, location, and site conditions. Approval of a second driveway will be on an individual basis and solely at the discretion of the City. A second driveway, if approved, will be subject to all applicable fees. No more than two driveways shall be provided to any one property or adjoining properties under the same ownership from a public right-of-way.
(7) 
Shared driveways should be avoided wherever possible. Only if no other alternative is available shall a shared driveway be considered or approved. Before a shared driveway will be approved, an agreement that includes maintenance responsibilities, signed by both parties, along with an easement, must be recorded at the Blair County Courthouse.
(8) 
The following applies to the portion of the driveway that is located within a public right-of-way: All driveways within the right-of-way shall be a minimum distance of five feet from any side property line.
(9) 
All driveways must be stabilized (minimum three-inch-depth stone) inside of property.
(10) 
All driveways and parking facilities must be on the same or the immediately adjacent lot they are intended to serve and under the same ownership as the residence.
(11) 
All driveways shall provide, wherever possible, appropriate accessibility based on the Americans with Disabilities Act (ADA) across all driveways/curb cuts. Reference should be made to the ADA Accessible Rights-of-Way Manual.
(12) 
Access driveways shall be located at a point within the property frontage limits which provides at least the minimum sight distances listed in the appropriate following table:
Table 1 — Safe Sight Distance for Passenger Cars and Single-Unit Trucks Exiting from Driveways onto Two-Lane Roads
Posted Speed
(mph)
Safe Sight Distance — Left1
(feet)
Safe Sight Distance — Right1
(feet)
25
250
195
35
440
350
45
635
570
NOTE:
1
Measured from vehicle 10 feet back of the pavement edge.
Table 2 — Safe Sight Distance for Buses and Combination Trucks Exiting from Driveways onto Two-Lane Roads
Posted Speed
(mph)
Safe Sight Distance — Left1
(feet)
Safe Sight Distance — Right1
(feet)
25
400
300
35
675
625
45
1,225
1,225
NOTE:
1
Measured from vehicle 10 feet back of the pavement edge.
[1]
Editor's Note: The driveway permit is available from the City Clerk's office.
A. 
The City or its agents shall review the application and plans in order to determine if the proposed construction will:
(1) 
Eliminate the hazardous effects of stormwater runoff;
(2) 
Protect the City roadway from damage by the construction; and
(3) 
Comply in general with this chapter, City design requirements, standards and specifications, as well as PennDOT Publication No. 70, Chapter 441 of Title 67 Pa. Code, and the design criteria of the other publications incorporated therein by reference which are in effect as of the date the application is filed. Requested deviations from this chapter or PennDOT requirements in design criteria must be approved in writing by the City or its authorized agents.
B. 
If the plans meet the criteria set forth in this chapter, the authorized agents reviewing the application and plans shall issue the permit to the owner applying for the permit within 30 working days after the review is complete.
C. 
If the application and plans are found to be deficient or if in the opinion of the City or reviewing agent the plan should be modified or amended to meet the criteria set forth in this chapter, the reviewing agent shall notify the owner seeking the permit in writing of the changes to be made, whereupon the owner shall make such changes and return the revised plan to the City's Public Works Department. When the plan is acceptable to the reviewing agent, the authorized agent shall issue a permit to the owner applying for the permit as set forth in Subsection B above.
D. 
When the City grants the permit, its agents shall, during construction and upon completion, inspect the work authorized by the permit. All construction or work that does not comply with the approved plans, City standards and specifications, permit and other requirements of this chapter shall constitute a violation of this chapter and may be ordered by the City and its authorized agents to be corrected, and the City may enforce compliance as set forth below.
E. 
Any person directly affected by a decision rendered pursuant to this chapter shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 10 days of the date of such decision and payment of the required appeal fee. An application for appeal shall be based on a claim that the true intent of this chapter has been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other measures. All appeals shall be made to the City of Altoona Board of Appeals, established to hear appeals regarding the Building Code of the City of Altoona, this chapter hereby conferring jurisdiction on said appeals board to hear such appeals.
A. 
All excess material and material deemed unsuitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses.
B. 
All trench backfill within the right-of-way shall be 100% stone (PennDOT 2A) backfill in all cases.
C. 
All traffic control devices shall be of an approved type and in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and PennDOT Publications 212 and 213.
D. 
Driveways must be of paved material and be constructed within the right-of-way within one year of permit issuance. Work to be in accordance with all referred standards and specifications.
The City or its agents may, at their discretion and in addition to any inspections listed above, reinspect the work authorized under the permit not more than two years after the completion of the work, and if any settlement of the roadway or driveway surface or other defect appears in the work contrary to the conditions, restrictions, and regulations of the City as provided in this chapter, the City may notify the owner, in writing, of the defect and may order that the defect be corrected and may enforce compliance as set forth below.
Nothing in this chapter shall be construed to require a permit in advance for emergency construction necessary for the safety of the public. Any emergency construction, however, shall be made in compliance with the specifications set forth in this chapter, and an application for a permit and fees shall be submitted within five days after completion of the work, after which time the remaining provisions of this chapter shall apply.
Each driveway, whether or not serving the same parcel of land, shall require an individual permit.
A. 
If the owner fails to rectify improper work or a defect which presents an immediate or imminent safety or health problem within 48 hours' notice by the City, or any other improper work and/or defect within 30 days after written notice from the City, the City or its agents may do the work and, in addition to any penalty that may be assessed under this chapter, the violator shall be liable for any costs incurred by the City to bring the driveway into compliance plus 15%, the same to be assessed upon that person as a property lien in accordance with applicable statutes, which may be recovered by an action in the Court of Common Pleas of Blair County.
B. 
In addition to any other penalty provided for herein, any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $1,000 plus the cost of prosecution and/or be sentenced to imprisonment for a term not to exceed 90 days.
C. 
Each day's violation of this chapter shall be considered a separate offense under this chapter.
D. 
The City may also enforce this chapter through an action in equity brought in the Court of Common Pleas of Blair County.
E. 
All fines and penalties collected for the violation of this chapter shall be paid to the City of Altoona.
A. 
The applicant and any subsequent owner of the property utilizing the driveway shall be required to maintain the driveway where it abuts or traverses the public right-of-way in a manner so that it will not damage any public improvement or equipment or create a safety hazard to the public.
B. 
The applicant and any subsequent owner of the property utilizing the driveway shall at all times keep any drainage pipes clean and free of debris and shall not create any obstruction to the free flow of water in the drainage areas.
C. 
If the applicant or any subsequent owner of the property utilizing the driveway does not maintain the driveway or drainage, as provided herein, and continues to fail to maintain the same for 30 days after notice is given by the City, either in person or by registered or certified mail, the person shall be guilty of violating this chapter.
D. 
In addition to any penalty that may be assessed under this chapter, that person shall be liable for any costs incurred by the City to bring the driveway into compliance plus 15%, the same to be assessed upon that person as a property lien in accordance with applicable statutes.
A. 
Existing driveways that have been permitted prior to the passing of this chapter shall be exempt from any new requirements stated under this chapter. Any existing driveway that has not been properly permitted can be made to be permitted and the driveway brought up to the standards and specifications as referred to in this chapter and in the permit.
B. 
Nothing in this chapter shall be construed that any existing driveway, permitted or not, that may be deemed as unsafe, a hazard, or jeopardizing the safety of the public shall not be corrected. The owner of any existing driveway deemed as unsafe, a hazard, or jeopardizing the safety of the public shall be issued a written order to cease using the driveway until corrections and permit, if required, are made.
All terms in the singular shall also include the plural and all terms in the masculine gender shall also include the feminine gender unless the context clearly indicates otherwise or would lead to an absurd interpretation.