[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Frederick 12-4-2012 by Ord. No. 12-06. Amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Lower Frederick
Township Driveway Ordinance."
The background of this chapter and the legislative intention
of the Board of Supervisors ("Board") in enacting it are as follows:
A.
The Township of Lower Frederick is a municipal township of the second
class.
B.
The Township of Lower Frederick has suffered damage to its roads
as a result of improper connection of driveways to Township roads
and faulty drainage.
C.
Improper connections and faulty drainage have resulted in hazardous
conditions.
D.
The Township deems it necessary for the proper management, maintenance
and control of its public road system to regulate the connection of
driveways to Township roads to ensure public safety.
E.
Roadway excavations have resulted in damage, improper drainage and
uneven riding surfaces on Township roadways, all to the danger and
hazard of vehicular traffic.
F.
Roadway excavations have resulted in increased costs of repairs and
maintenance of public roads and to eliminate hazards to the public.
G.
The Township desires to require proper connection of driveways and
repair of roadway excavations to minimize damage to Township roads.
The following words and phrases when used in this chapter shall
have the meanings ascribed to them in this section except where the
context clearly indicates a different meaning:
The state of being side by side, next to or adjoining one
another.
The person (landowner or developer) applying for a driveway
permit.
The Board of Supervisors of the Township of Lower Frederick,
Montgomery County, Pennsylvania. Also may be referred to as the "Board"
or "Township Supervisors."
The portion of a street right-of-way, paved or unpaved, and
intended for vehicular use.
A line measured midway between and parallel to the street
right-of-way line, or as otherwise defined on plans and deeds of record.
An area at the intersection of a street and driveway which
must be maintained clear of vision obstructions to achieve required
lines of sight for all approaches to the intersection.
The edge of the cartway.
Any landowner, whether an individual, firm, partnership,
association, corporation, estate, trust, or any other group or combination
acting as a unit (or agent of said landowner authorized thereby) which
undertakes the subdivision or development of land.
A private right-of-way providing for vehicular and pedestrian
access between a public street (cartway) and a lot or property. For
the purposes of this chapter, the term "driveway" shall apply to existing
and/or proposed conditions.
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
Any act by which earth, sand, gravel or rock is dug into,
cut, quarried or moved.
The width of a lot or property which abuts a street, being
the distance measured along the street right-of-way line, generally
from one side lot line to the other.
The Board of Supervisors of Lower Frederick Township.
The inclination, with the horizontal, of a street which is
generally expressed by stating the vertical rise or fall as a percentage
of the horizontal distance, and/or the level of the land improved
or unimproved.
Those physical additions and modifications to the land that
may be required to insure that the site is suitable for the proposed
land use.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
The following activities shall not be considered land development:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition). A lessee under a
written lease, who has written authorization of the legal owner, shall
be deemed to be a landowner for the purpose of this chapter.
A tract or parcel of land, regardless of size, held in single
or joint ownership, not necessarily a lot or lots shown on a duly
recorded map, which is occupied or capable of being occupied by buildings,
structures and accessory buildings, including such open spaces as
are arranged, designed or required. The term "lot" shall also mean
parcel, plot and/or site.
An off-street area designed solely for the parking of motor
vehicles, including driveways, passageways, and maneuvering space
appurtenant thereto.
A hard-wearing road surface, such as black top/macadam or
concrete or any combination thereof, but not including a dirt or gravel
street surface.
The edge of the main traveled portion of any street or highway,
exclusive of shoulders. The curbline or outside lane line generally
defines the edge of cartway.
A permit issued by the permit officer for the penetration
and occupancy of the right-of-way area of a local street by the improvement
or installation and construction of a driveway therein.
The individual or firm appointed by the Board of Supervisors
having the responsibility of administering and enforcing the terms
and provisions of this chapter.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, federal government or agency,
state government or agency, or any other entity whatsoever which is
recognized by law as the subject of rights and duties.
The total width of any land that is reserved or dedicated
for streets, utilities, drainage facilities, or other public purposes.
EXISTING RIGHT-OF-WAYThe legal right-of-way as currently established by the commonwealth or other appropriate governing authority.
ULTIMATE RIGHT-OF-WAYThe expected future right-of-way width computed from the center line of an established right-of-way, as shown in the Street Functional Classification and Standards Table in Chapter 145.
The area between the right-of-way lines of a street.
The portion of a street, contiguous to the main traveled
portion, for accommodation of stopped vehicles, for emergency use,
and for lateral support of base and surface courses and pavements.
The unobstructed line of sight between two specified points
on the intersection approaches at a height of 3.5 feet above the pavement
surface, as further defined herein.
The sight line from specified points on the intersection
approaches that provides the minimum safe stopping distance as determined
using Table X.[1]
A strip of land including the entire ultimate right-of-way,
publicly or privately owned, primarily serving as a means of vehicular
and pedestrian travel, furnishing access to abutting properties, and
which may also be used for utilities, shade trees, and stormwater
control.
The dividing line between a lot and the outside boundary
of a public street, road, or highway right-of-way legally open or
officially mapped by a municipality or higher governmental authority,
between a lot and the outside boundary of a street shown on a recorded
subdivision or land development plan, or between a lot and a private
street or road which the owners or tenants of one or more lots held
in single and separate ownership have a right-of-way.
Any landowner (whether legal or equitable), agent of such
landowner, or tenant with the written permission of such landowner,
owner who makes or causes to be made a subdivision, as defined in
Chapter 172, Subdivision and Land Development, as amended from time
to time.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tract, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, devisees, transfer of ownership or building
or lot development. The subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, is exempted.
Improvements to a driveway shall be deemed to be substantial
if a previously unpaved driveway is to be paved; if a drainage pipe
is to be installed or replaced; if any grading or excavation is to
be done within 10 feet of a local street right-of-way; if the original
grade or design of a driveway is to be changed; or if any work done,
or to be done, is likely to create, increase or otherwise affect stormwater
flow or discharge within the cartway or right-of-way area of any local
street.
The Township of Lower Frederick, Montgomery County Pennsylvania.
[1]
Editor's Note: Table X, Formula Sight Distance Table, is included as an attachment to this chapter.
No existing or proposed driveway in Lower Frederick Township
shall be laid out, opened, installed, constructed or substantially
improved unless it shall be in accordance with the following:
A.
Any driveway which requires the penetration, encroachment or occupancy
of a state highway right-of-way area shall be laid out, opened, designed,
installed, constructed or substantially improved in accordance with
a permit issued by the Pennsylvania Department of Transportation pursuant
to the provisions of Chapter 441 of Title 67 of the Pennsylvania Code.
B.
Any driveway which requires the penetration, encroachment or occupancy
of a local street right-of-way area shall be laid out, opened, designed,
installed, constructed or substantially improved only in accordance
with a permit issued by the Lower Frederick Township permit officer
under the provisions of this chapter, any other applicable ordinances
of Lower Frederick Township, and such driveway regulations, provisions
and specifications as may be enacted by the Board of Supervisors of
Lower Frederick Township, from time to time.
C.
Except as herein provided, any driveway which causes silt, stone,
debris or water to be deposited in a right-of-way area of any local
street shall be improved to eliminate said discharge. A permit shall
be required as set forth above if the corrective work is a substantial
improvement. In those instances where a road has adequate drainage
facilities to control stormwater runoff onto the road right-of-way,
the permit officer has the discretion to grant an exemption from the
improvement requirements set forth by this chapter.
A.
Any person required to obtain a driveway permit under the terms of
this chapter shall make application for the same on a form approved
by the Board of Supervisors and accompanied by a fee in an amount
to be determined by the Board of Supervisors.
B.
No permit as herein provided for shall be required for normal and
customary maintenance and repair of an existing driveway, providing
such normal and customary maintenance and repair does not constitute
substantial improvement, i.e. sealing and patching.
C.
In addition to submitting to the permit officer the application and
the application fee, the application shall be accompanied by the following
information:
(1)
A statement giving the location, purpose and description of all work
to be done;
(2)
A driveway sketch and driveway profile plan prepared by the applicant
showing the area to be affected, existing improvements presently erected
and/or constructed thereon, proposed improvements and all property
boundary lines within 100 feet of the proposed driveway. The driveway
sketch and driveway profile plan shall be subject to the approval
of the appropriate designated Township official.
(3)
If the discharge or passage of surface water drainage onto or within
the right-of-way area of a local street will be affected, stormwater
runoff calculations indicating runoff prior to and after the proposed
work, when such calculations are requested by the permit officer.
(4)
Information pertaining to the treatment of storm drainage and means
of sediment and erosion control during and after the proposed work,
when requested by the permit officer.
D.
The location, design and mode of construction of all driveways and
drainage facilities is subject to the approval of the permit officer.
The permit officer may require that the plans filed with the application
shall be altered to reflect any changes or modifications which the
permit officer shall deem necessary to meet the requirements of this
chapter.
E.
All work shall be in strict compliance with the plans and specifications
for which the permit officer issued a permit.
F.
The permit officer shall not issue a permit for any work to be performed
under the terms and conditions of this chapter until such time as
the permit officer shall receive from the applicant all required information
and until such time as the permit officer has had an adequate opportunity
to investigate and research the said application. The permit officer
shall either approve or reject an application for a permit within
30 days after the permit officer has received from the applicant all
information and documentation required by this chapter.
A.
All driveways and related improvements shall be constructed and located
in such a manner as not to impair drainage or maintenance within any
street right-of-way area, alter the stabilizer of a roadway subgrade,
materially change the drainage of adjacent areas, interfere with the
traveling public, present a hazard to the free movement of normal
street traffic, or create areas of undue traffic congestion on the
highway. All surface water shall be retained on the applicant's lot
whenever possible, and in no case shall the applicant channel surface
water and direct it or allow it to flow in force onto lower land.
B.
All work for which a permit is required under the provisions of this chapter shall be done in accordance with the standards contained herein and any other driveway regulations, provisions and specifications adopted by the Board of Supervisors from time to time. Land developments and subdivisions shall be subject to the additional requirements of Chapter 145, Subdivision and Land Development. Driveways which access onto state highways shall be constructed to the design criteria set forth in Title 67 of the Pennsylvania Code at Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads.
C.
Driveway entrances shall be so located as to provide reasonable and
safe sight distance to the operator of a vehicle departing from a
driveway onto a local street. The location of all driveways is subject
to approval by the permit officer. Clear sight triangles shall be
provided at all intersections of driveways with local streets. The
clear sight triangles shall be free from any vegetative obstructions.
Within such triangles, no vision obstructing objects other than utility
poles, streetlights, street signs or traffic signs shall be permitted
that obscure vision above the height of 30 inches and below 10 feet
measured from the center-line grade of the intersecting driveway and
the local street.
D.
Clear sight triangles shall be established as per Figure A, Driveway
Sight Distance Measurements, and Table X, Formula Sight Distance Table.[1]
[1]
Editor's Note: Figure A, Driveway Sight Distance Measurements, and Table X, Formula Sight Distance Table, are included as attachments to this chapter.
E.
Any repairs to a driveway for which a permit has been issued under
this chapter shall be done in such a manner that the repairs shall
not change the original design and specifications for the driveway,
unless the new design and specifications are first submitted to the
permit officer for approval. The permit officer will require the payment
of the filing fee established by the Board of Supervisors.
F.
Every driveway which requires the penetration or occupancy of a paved
local street shall be paved from the pavement/cartway edge for a minimum
distance of 25 feet. The driveway grade within 25 feet of the cartway
shall not exceed a grade of 6%. All driveways exceeding a grade of
8% with positive drainage toward the public street to which it has
access shall be paved. If paving of the driveway outside of the areas
designated above is required for the purposes of drainage, erosion
control, and/or safety, the permit officer shall have the authority
to require that such additional paving be undertaken.
G.
Curbs.
(1)
Where the roadway has no curb, driveway paving specifications shall
consist of at least four inches of a compacted 2-A aggregate stone
base and at least three inches of a bituminous pavement materials.
(2)
Where the driveway intersects a road with cement concrete curb, a
curb depression shall be installed consistent with the standards and
specifications of the Pennsylvania Department of Transportation.
(3)
Where the driveway intersects a road with cement concrete curb and
sidewalk, six inches of wire-reinforced cement concrete driveway apron
shall be constructed behind the depressed concrete curb to the back
of sidewalk. The driveway apron shall not cause abrupt changes in
sidewalk slope; the resulting sidewalk shall not exceed 8% grade,
and sidewalk cross-slope shall not exceed 2% grade.
H.
All driveways shall have a width of at least 10 feet, and the entrance
shall be rounded at a minimum radius of five feet. Residential driveways
shall be a maximum of 15 feet at the street line. Commercial or multifamily
properties shall be a minimum of 12 feet and a maximum of 24 feet
at the street line unless otherwise approved by land development.
The entire driveway entrance, including the radii, shall be located
within the frontage of the property which is to be served by the driveway.
No driveway shall be closer than five feet from a property boundary
line, unless a shared driveway with and easement agreement is recorded.
I.
All driveways shall be located at least 50 feet from the point of
intersection of the nearest street right-of-way line.
J.
No single lot or parcel of land shall have more than one driveway.
If the owner of a parcel with at least 125 feet of frontage demonstrates
to the satisfaction of the permit officer that an additional driveway
is necessary, the permit officer may issue a permit for a second driveway
in accordance with the terms of this chapter.
K.
All driveways shall have a leveling area not to exceed a grade of
6% between the edge of the cartway and the ultimate right-of-way line.
All driveways must have a length of stopping area for 20 feet, measured
from the cartway line not to exceed 6%.
L.
Cartway.
(1)
The intersection of all driveways within the pavement/cartway edge
shall be constructed with either a drainage swale, pipe, or trench
drain at the option of the applicant and with the concurrence of the
permit officer. Any structure installed must be capable of withstanding
H-2O loading (as defined by AASHTO).
(2)
If a drainage swale is used, it shall slope from the cartway at a
grade of 6% for a minimum of eight feet from the pavement/cartway
edge. If a drainage swale is used, the bottom of the swale shall be
at least six inches lower than the edge of the pavement and eight
feet from the edge of the pavement.
M.
This criterion may be modified by the permit officer if field conditions
dictate such. If a pipe is used, the size shall be determined by drainage
computations using a ten-year storm frequency.
N.
The minimum pipe size shall be 15 inches, and a minimum of one foot
of cover is required. The pipe shall be located at least eight feet
from the edge of the pavement unless field conditions, upon Township
inspection, indicate modification of this criterion. The drainage
pipe shall be of a length considered sufficient by the permit officer.
O.
Where driveways are placed in relation to curb areas, the curb depression
shall be four feet wider than the drive. The curb shall be constructed
per PennDOT standard specifications.
P.
The angle of a driveway as it intersections a street shall be such
that a vehicle entering the driveway may do so in an orderly and safe
manner with a minimum of interference to other street traffic and
such that a vehicle leaving the driveway may enter safely into the
lane of traffic moving in the desired direction. Driveways shall intersect
streets as nearly as possible at right angles, and in no case at an
angle of less than 60° or more than 120°.
Q.
A driveway sketch and driveway profile plan prepared by the applicant
showing the area to be affected, existing improvements presently erected
and/or constructed thereon, proposed improvements and all property
boundary lines within 100 feet of the proposed driveway. The driveway
sketch and driveway profile plan shall be subject to the approval
of the appropriate designated Township official.
All driveways shall be maintained by the property owner in such
a manner as not to interfere with the design, maintenance, and drainage
of public streets, nor the safe and convenient passage of traffic
upon the local streets. All such maintenance violations shall be subject
to the maximum fines which can be imposed by this chapter.
There shall be required of all those applying for driveway permits
an escrow deposit as set forth by the Township's fee schedule.
A.
This escrow deposit will be returned in full after the Township's
Building/Zoning Officer conducts an inspection of the driveway land
or entranceway to insure that all required and specifications set
forth in this article were complied with.
B.
If said requirements and specifications were not met or if work is
not completed within one year of the date of that permit issuance,
the Township may use the applicant's escrow funds to perform the necessary
work. If these funds are insufficient, the applicant will be liable
for any deficiency.
A.
No paving of a driveway for which a driveway permit has been issued
pursuant to the terms of this chapter shall be commenced until the
permit officer shall have inspected the site and approved the work
performed up to the date of the site inspection. The applicant shall
give the permit officer a minimum of 48 hours' advance notice before
paving is commenced in order to afford the permit officer the opportunity
to perform the site inspection.
B.
Within 48 hours after completion of the work for which a permit was
issued, the party to whom the permit was issued shall notify the permit
officer of the completion of work so that the permit officer may inspect
the same. If the work was not performed in accordance with the plans
and specifications approved by the permit officer, the holder of the
permit shall be directed by the permit officer, in writing, to take
immediate steps at the permit holder's own expense toward placing
the work in such conditions as to conform to the approved plans and
specifications.
A.
The Board of Supervisors may require a subdivider to submit with
his subdivision plans evidence that the standards for driveway construction
established in this chapter can be met for each lot within the subdivision.
The Board of Supervisors may further require subdivision plans to
show a typical treatment of the construction of driveways and the
handling of storm drainage and erosion and sediment control along
driveways.
B.
Subdivisions shall be designed to minimize the number of driveway
intersections with existing streets. Wherever deemed feasible by the
Township and required by the Township to minimize driveway intersections
with existing Township roads, thus lessening interruptions to traffic
flow and accident hazards, and to minimize erosion, sedimentation
and runoff problems onto existing streets, subdivisions shall be provided
with internal streets on which proposed lots will front and to which
the lots will have driveway access.
A.
Any person, firm, corporation or other entity applying for any permit
under this chapter agrees by making said application to indemnify
and save the Township and its agents, servants, employees and/or contractors
harmless from and against all liabilities of whatever nature arising
during the performance of the work or as a result of the work for
which a permit is granted, whether or not the liability arises as
a result of the negligence of the person, firm, corporation or other
entity to whom the permit was issued.
B.
The application for a permit shall contain appropriate language indicating
that the applicant agrees to indemnify and save the Township harmless
as aforesaid.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
30 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.
B.
The permit officer or any duly authorized agent of the permit officer
of the Township may revoke any permit issued to any person, firm,
corporation or other entity violating any of the provisions of this
chapter.
C.
The imposition of penalties herein prescribed shall not preclude
the Township from instituting an appropriate action or proceeding
to prevent the performance of work or acts declared to be unlawful
under the provisions of this chapter, or to restrain, correct or abate
a violation.
This chapter is adopted pursuant to the Township's police power
and is hereby declared not to be related to the zoning and/or land
planning authority of the Township, and any person aggrieved by the
application, enforcement or other adjudication made pursuant to the
terms of this chapter may appeal within 30 days of said adjudication
for a hearing before the Board of Supervisors of Lower Frederick Township
in accordance with the applicable portions of the Pennsylvania Local
Agency Law, as amended.
A.
All ordinances and resolutions and parts of ordinances and resolutions
inconsistent with the provisions of this chapter are hereby repealed
insofar as they affect any work done after the effective date of this
chapter, but said ordinances or resolutions or parts thereof shall
not be repealed insofar as they apply to permits issued or acts of
violations occurring before the effective date of this chapter.
B.
Notwithstanding anything set forth above in this chapter, whenever the provisions of this chapter shall be inconsistent with the provisions of Chapter 170, Zoning, as amended from time to time, or other applicable Township ordinances as are from time to time in effect and the provisions of the said ordinances are more restrictive or contain more stringent requirements than are set forth in this chapter, then the provisions of the Chapter 170, Zoning, as amended from time to time, or other applicable Township ordinances shall prevail and be applicable.
C.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare of the
residents and inhabitants of the Township. However, if the literal
compliance with any mandatory provisions of this chapter is shown
by the applicant to the Board of Supervisors present at a public meeting
to be unreasonable and to cause undue hardship as applied to the applicant's
property, the Board of Supervisors may grant a waiver of such mandatory
provisions if the waiver will not be contrary to the public interest.
