[Ord. 2001-4, 10/8/2001, § 1]
This Part will be known and hereinafter referred to as the "Penn Township Driveway Ordinance."
[Ord. 2001-4, 10/8/2001, § 2]
For the purposes of this Part, the following, terms shall have meanings ascribed thereto as follows:
The Board of Supervisors of Penn Township, Lancaster County, Pennsylvania, or its designated representative.
The official designated by the Board to enforce the provisions of this Part.
The party, person firm, partnership, and/or corporation who or which installs a driveway, including all agents, officers or employees of said party, person, firm, partnership and/or corporation.
Any area of land designated or to be used as a means of ingress and/or egress for either vehicles and/or pedestrian traffic from a public road to a piece, parcel or tract of land.
The owner of the tract of land upon which the driveway is located.
The Department of Transportation of the Commonwealth of Pennsylvania and any successor agency.
A permit issued by the Township to signify approval of the driveway connection.
Any individual, partnership, company, association, society, corporation or other group or entity.
Any road, street, alley or public thoroughfare whether actually maintained by the Township as part of its road system or whether shown on a subdivision or land development plan and intended to be offered or dedicated to the Township in the future as part of its road system.
The total width, including the cartway, of a road.
The Township of Penn, Lancaster County, Pennsylvania.
[Ord. 2001-4, 10/8/2001, § 3]
1.
No person, owner and/or contractor shall hereafter install, initiate any work, or allow the installation or initiation of any work toward the installation of a driveway without first obtaining a permit from the Township.
2.
Any driveway intersecting with a state-owned road shall require the obtainment of a driveway permit from the Pennsylvania Department of Transportation.
[Ord. 2001-4, 10/8/2001, § 4; as amended by Ord. 2012-02, 2/13/2012]
1.
All driveways shall be constructed in conformance with the following standards:
A.
Residential Driveways. A minimum of eight-inch stone base course and a 2 1/2-inch bituminous course or equal paving approved by the Township Road Superintendent.
B.
High Density Residential, Commercial and Industrial Driveways. A minimum of four inches 2A modified aggregate, and six inches reinforced concrete; or a minimum of eight inches 2A modified aggregate plus 2 1/2 inches "Superpave" 9.5mm Superpave wearing course top.
2.
On all corner properties fronting on arterial or collector streets there should be a minimum distance of 100 feet between the centerline of the driveway and the edge of the cartway of the street intersection.
3.
On all corner properties fronting on local streets there should be a minimum distance of 40 feet between the centerline of the driveway and the edge of the cartway of the street intersection.
4.
The sight distance for all driveways shall comply with the requirements for state highways prescribed by the Pennsylvania Department of Transportation as codified at 67 Pa.Code § 441.8, and amendments and addenda thereto.
5.
To ensure adequate visibility, the entire frontage of the lot shall be graded to a slope of 2% to the right-of-way line.
6.
Driveways shall have a minimum width of 10 feet for single-family dwellings and 16 for shared driveways; however, in any case, the maximum width shall not exceed 24 feet.
7.
All driveways shall be separate from any property line by a planting strip of not less than three feet in width and from all fire hydrants a distance of five feet.
8.
Driveway profiles shall conform to the slope guidelines in accordance with the PennDOT criteria. (See Figure 21-4-2)
9.
Within the Residential Zoning Districts, driveway access onto a collector or arterial roadway shall be prohibited.
10.
Within the Agricultural or Conservation Zoning Districts, driveway access onto a collector or arterial roadway shall be permitted provided that a paved turnaround is provided.
11.
Driveways shall be protected with a clear sight triangle. Two apexes of the triangle shall be located in both directions along the street centerline, 75 feet from a point where the centerline of a driveway and the street intersect. The vertex of the triangle shall be located along the centerline of the driveway, on the site and five feet from the property or street right of way (see Figure 21-4-1). No permanent obstructions and/or plant materials over three feet high shall be placed within the clear sight triangle.
[Ord. 2001-4, 10/8/2001, § 5]
1.
All driveways shall be constructed in a manner that will not impede or divert the normal flow of surface drainage. At the point where any driveway adjoins a public road the driveway shall have the same degree of slope as the existing shoulder and in no case less than one inch per foot of drop, with the low point in line with the existing gutter line. Drainage pipes shall not be used in connection with the construction of any driveway unless and until written approval is obtained from the Township Road Superintendent.
2.
The Township may require that stormwater runoff calculations be submitted in order to determine the amount of additional stormwater that will be discharged onto a public road. If it is determined that the additional stormwater runoff will create problems for existing facilities, such as gutters and/or existing drainage pipes, the Township may refuse a permit until appropriate measures are taken to eliminate the potential problem.
3.
All driveways shall be constructed in a manner, which will prevent mud, stones and other debris from being deposited on the right of way of any public road.
[Ord. 2001-4, 10/8/2001, § 7]
1.
Any person, owner and/or contractor shall, prior to obtaining a driveway permit, file an application, on an application form supplied by the Township, reflecting and showing the location of the driveway relative to the premises and designating the course, grade, structure, materials and drainage facilities, if any, involved in the construction of the driveway.
2.
The Engineer or the Road Superintendent of the Township shall review the application. The Engineer or Road Superintendent shall determine if the proposed method of constructing or making said connection, as reflected on the application, is that it will (A) minimize the adverse impact of stormwater runoff or surface drainage resulting from said connection, (B) not cause damage to the road to which the driveway is to be connected, and (C) not create or increase hazardous driving conditions for those persons using the road to which the driveway is to be connected.
3.
If found satisfactory by the Engineer or Road Superintendent, he shall so advise the Board, and the Board will issue, or cause to be issued, the permit. If the plan is found deficient, or if in the opinion of the Township Engineer or Road Superintendent the plan could be improved so as to (A) minimize the adverse effect of stormwater runoff, (B) lessen drainage to the public road to which the driveway is to be connected, or (C) lessen hazardous driving conditions on the road to which the driveway is to be connected (including provisions for a clear sight triangle), the Engineer or Road Superintendent shall, by written communication to the owner, notify him of the changes to be made. The applicant shall immediately make such changes and return the revised plan to the Township. When such plan is in acceptable form, the Board shall approve or cause to be approved and the permit issued.
[Ord. 2001-4, 10/8/2001, § 8]
All driveways along private roads, including roads in new subdivisions, shall conform to this Part before the Township will accept dedication of the road as a public road of the Township.
[Ord. 2001-4, 10/8/2001, § 9]
Such fee shall accompany the application or fees, as the Board shall prescribe from time to time not exceeding the appropriate reasonable cost of processing and reviewing the application and making any necessary inspections.
[Ord. 2001-4, 10/8/2001, § 10]
All construction in any way incidental to the installation of the driveway shall be performed in strict conformance with the approved plans. After the proposed driveway has been stoned in, but before the driveway has been blacktopped, the person to whom the permit has been issued shall notify the Township Road Superintendent. The driveway shall not be blacktopped until the stoned in area has been inspected and approved by the Road Superintendent or his designated representative.
[Ord. 2001-4, 10/8/2001, § 11; as amended by Ord. 2012-02, 2/13/2012]
Any owner, person and/or contractor who or which shall violate any of the provisions of this Part shall, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. All fines collected for the violation of this Part shall be paid to the Treasurer of the Township for the general use of the Township.