[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.
C.
Stone Driveways. Consisting of a minimum of six inches of 2A or 2RC
modified aggregate are permitted providing that first 15 feet measured
from edge of the paved cartway of the public road is constructed to
standards in Subsection 1A or B above for the required type of driveway.
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, § 6]
[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.
