[Ord. 974, 3/14/2001, § 11720]
The purpose of this Part is to regulate location, construction, maintenance and drainage of access driveways, local roads and other property within the right-of-ways of Borough streets for the purpose of security, safety and reasonable access, preservation of existing street operating capacity and condition, preservation of surrounding land uses, provision of adequate drainage and economy of maintenance.
[Ord. 974, 3/14/2001, § 11721; as amended by Ord. 995, 12/10/2003]
For the purposes of this Part, these terms shall be defined as follows:
ACCESS
Any driveway, street or other means of passage of vehicles between the highway and abutting property, including acceleration and deceleration lanes and such drainage structures as may be necessary for the proper construction and maintenance thereof.
BOROUGH ENGINEER
The Engineer of the Borough of Aspinwall or his designee.
CURBLINE
A line formed by the face of the existing curb or in its absence the outer edge of the shoulder, along which curbing is or may be located.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from properties abutting or connecting a public street. The term includes proposed streets, lanes, alleys, courts and ways.
DRIVEWAY WIDTH
The narrowest width of a driveway measured perpendicular to the center line of the driveway.
EGRESS
The exit of vehicular traffic from abutting properties to a highway.
FORM 408
The latest revision of highway construction specifications issued by the Pennsylvania Department of Transportation.
FRONTAGE WIDTH
The distance along the right-of-way line in front of an abutting property.
IMPROVED AREA
The area within the right-of-way which has been constructed for highway purposes including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities and any other appurtenances.
INGRESS
Entrance of vehicular traffic to abutting properties from a highway.
JOINT-USE DRIVEWAY
A driveway shared by and constructed to provide access to two or more properties.
OWN
To hold title to land or a building or be a tenant in a lease that will not terminate within 15 years of the permit issuance date.
PAVEMENT EDGE
The edge of the main traveled portion of any highway, exclusive of shoulder.
PERMANENT CURBING
Plain or reinforced cement concrete curb which meets Department standards.
PERMIT
A street access permit issued by the Borough of Aspinwall pursuant to this Part.
PLANS
Drawings which show the location, character, and dimensions of the proposed occupancy and related highway features, including layouts, profiles, cross sections, drainage and other details.
RIGHT-OF-WAY
The area which has been acquired by the Borough of Aspinwall for street purposes.
ROADWAY
That portion of a street improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.
SETBACK
The lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will result in space for vehicles to stop or park between such objects and the right-of-way line.
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.
SHOULDER LINE
The intersection of the shoulder slope with the side slope or ditch slope.
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.
STREET
The area, including the entire width between right-of-way lines, over which the Borough has assumed or has been given jurisdiction.
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.
TURNING RADIUS
The radius of an arc which approximates the turning path of the exterior corner of a vehicle.
VEHICLE
Every device in or by which any person or property is or may be transported or drawn upon a highway. The term includes special mobile equipment as defined in the Pennsylvania Vehicle Code.
[Ord. 974, 3/14/2001, § 11722; as amended by Ord. 995, 12/10/2003; and by Ord. 1025, 12/19/2007, § 1]
1. 
Without first obtaining a street access permit from the Borough: (a) No driveway, local street or drainage facility or structure shall be constructed or altered within a Borough street right-of-way; (b) No property abutting or having ingress or egress via a Borough public street shall change its use or increase its daily peak traffic to a Borough street; (c) No drainage facility of the Borough shall be altered or a connection made thereto without first obtaining a permit from the Borough.
2. 
The applicant shall submit permit application in writing to the Borough Manager in the form prescribed by this Part. The permit application shall be signed by property owner and accompanied by proof of ownership.
3. 
The application shall include plans detailing location and pertinent dimensions of proposed installation and existing street features and drainage control plans as required by § 21-304. The permit fee, in an amount as established from time to time by resolution of Borough Council, shall be submitted with the application.
4. 
Borough Council shall review all applications and plans for street or road construction which would adjoin or connect with any street within the boundaries of the Borough. Council may appoint a committee to review all plans for residential driveways which will adjoin onto any street or way within the Borough of Aspinwall. Said committee shall be comprised of three members of Council and the Borough Manager. Borough Council shall approve, approve with modification or deny an application for a street access permit.
5. 
Subdivision and/or land development plan approval by the Borough Council under the Borough Subdivision and Land Development Ordinance [Chapter 22] shall operate as a street access permit approval under this section provided that: (a) the subdivision and/or land development plan complies with the requirements of this chapter; (b) the applicant applies for and obtains a zoning use permit and a zoning occupancy permit from the Zoning Officer under the Borough Zoning Ordinance [Chapter 27]; and (c) the applicant complies with any and all conditions of approval of the subdivision and/or land development plan approval imposed by the Borough Council in accordance with the Borough Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 974, 3/14/2001, § 11723; as amended by Ord. 1025, 12/19/2007, § 2]
1. 
The applicant for a street access permit is responsible for submitting four sets of plans with the permit application which contain the following, except as provided in Subsection 2 below:
A. 
Traffic control plan if it is necessary to close a lane to vehicular traffic in order to perform the permitted work.
B. 
Drainage control plan required if, as result of action of applicant, there will be an increase in the flow of water onto the street or into a street drainage facility. The plan must include: source of water, existing and proposed flow (cfs), existing and proposed drainage pattern and hydraulic computations demonstrating adequate capacity in the drainage system to accept the additional flow.
C. 
Driveway access plan showing:
(1) 
Driveway width, radii and other points of curvature, grades or profile view of drive, angle relative to the street and surface material.
(2) 
Dimensions of any traffic islands/dividers to separate traffic flow.
(3) 
Distance from proposed driveway to: nearest intersecting streets, roads or highways; nearest driveway on adjacent properties (both sides of street); streets, driveways opposite site; adjacent land uses; any traffic control devices.
(4) 
Sight distance in each direction from proposed driveway.
(5) 
Number of vehicles per day expected to use driveway.
2. 
An applicant applying for a street access permit for a property containing one single-family residential dwelling (as defined by the Borough Zoning Ordinance [Chapter 27]) is only responsible for submitting an application form and one set of driveway access plans (professional drawings not required) showing:
A. 
Driveway width, radii and other points of curvature.
B. 
Distance from proposed driveway to: nearest intersecting streets, roads or highways; nearest driveway on adjacent properties (both sides of the street); streets, driveways opposite site; adjacent land uses.
C. 
Sight distance in each direction from proposed driveway.
D. 
Number of vehicles per day expected to use driveway.
[Ord. 974, 3/14/2001, § 11724]
1. 
No driveway or road entering upon a Borough street or way will be approved unless all of the following conditions are met:
A. 
General. The driveway must have safe sight distance, not impair normal street movement, not result in excessive traffic flow or congestion on Borough streets and not create a hazard.
B. 
Location. The following standards shall apply:
(1) 
Driveway should access onto streets of type and character to handle the type and amount of vehicular traffic using the driveway. Driveways from nonresidential uses normally used by more than 60 vehicles per day shall not be permitted access onto local residential streets. The Borough Council may approve an exception to this standard based on special site conditions and traffic studies showing no negative impact on the existing residential street. For purposes of this section, a residential street is one on which 50% or more of the abutting properties are single or multifamily residences.
(2) 
Driveway shall not be located at highway interchanges or ramp areas so as to interfere with proper functioning. Any driveway or street carrying more than 60 vehicles per day shall not be located within 100 yards of any interchange or ramp access area of a state highway or county road.
(3) 
If the driveway is near a signalized intersection, the permittee shall be required to pay costs of any modifications to the signals which are necessary to control traffic movements from the driveway.
(4) 
If the property is a corner lot, the Borough may restrict access to only one street.
(5) 
The Borough may require permittee to locate the driveway directly across from street or driveway in order to avoid any safety hazard.
C. 
Number. Normally Borough Council will approve only one access for a property.
D. 
Approach. The location and angle of access of driveway in relation to street intersection shall be such that a vehicle entering or leaving driveway can do so in orderly and safe manner and with minimum interference to street traffic.
E. 
Design Guidelines. The applicable requirements for "minimum" and "low volume" driveways found in PennDOT Regulations, 67 Pa. Code § 1.8, shall apply unless otherwise specified by the provisions of this Part. These requirements may be modified by the Borough to accommodate specific site or street conditions in order to protect the safety and traffic capacity of Borough streets.
F. 
New or Modified Streets. New or modified streets and intersections, including, but not limited to, those requiring a traffic study pursuant to § 21-306, shall be designed for adequate traffic capacity defined as follows, unless otherwise approved by the Borough Engineer. All reference to levels of service (LOS) shall be as defined in the Highway Capacity Manual, Special Report 209, published by the Transportation Research Board.
(1) 
Traffic capacity LOS shall be based upon a future design year which coincides with completion of the development and PennDOT requirements.
(2) 
New unsignalized intersection or driveways which intersect streets shall be designed for LOS C or better for each traffic movement
(3) 
New or modified (additional approach created) signalized intersections shall be designed for LOS C or better for each traffic movement.
(4) 
Existing intersections impacted by development traffic shall maintain a minimum LOS C for each traffic movement.
(5) 
Sight distance at driveways and new intersections shall meet standards specified by PennDOT regulations.
[Ord. 974, 3/14/2001, § 11725]
1. 
In the event the proposed driveway or road connecting with any Borough street or way will produce a traffic flow in excess of 60 vehicles per day, the Borough may order a traffic study to be prepared by its engineers, the expense of which is to be borne by the applicant and paid before review of the submitted plans.
2. 
The Borough will provide a scope of study specifying the study area, intersections and any special requirements. Prior to initiation of the study, a meeting shall be held to review the scope of work. PennDOT may be invited to the meeting where appropriate. The study shall include the following:
A. 
Description of the proposed project in terms of land use and magnitude.
B. 
An inventory an analysis of existing roadway and traffic conditions in the site environs, including:
(1) 
Roadway network and traffic control.
(2) 
Existing traffic volumes in terms of peak hours and average daily traffic (ADT), where specifically requested.
(3) 
Planned roadway improvements by others.
(4) 
Intersection levels of service.
(5) 
Roadway levels of service (where requested).
(6) 
Other measures of roadway adequacy; i.e., lane-widths, traffic signal warrants and vehicle delay studies.
C. 
Projected site-generated traffic volumes in terms of:
(1) 
Peak hours and ADT (by phase if required).
(2) 
Approach/departure distribution including method of determination. This must be approved prior to performing future traffic analyses.
(3) 
Site traffic volumes in roadway.
D. 
An analysis of future traffic conditions, with and without the proposed development, including:
(1) 
Future design year, or years with phasing, combined traffic volumes (site traffic plus future roadway traffic). If the study is required for PennDOT review, the future design year shall be consistent with PennDOT requirements.
(2) 
Intersection levels of service.
(3) 
Roadway levels of service (where appropriate).
(4) 
A pavement analysis of roadways which are projected to experience significant increased in ADT volumes (where appropriate).
(5) 
Other measures of roadway adequacy, i.e., lane-width; traffic signal warrants and vehicle delay studies.
E. 
A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections and driveways.
F. 
A description and analysis of the proposed access plan and site plan.
(1) 
On-site circulation plan showing parking locations and dimension, loading access, circulation plan showing parking locations and dimension, loading access, circulation roadway and traffic control.
(2) 
Driveway access plan showing location of driveways and new intersections including geometric conditions and traffic control.
[Ord. 974, 3/14/2001, § 11726]
No driveway or street carrying a traffic flow of 60 vehicles per day or more shall enter a street within 300 feet of the intersection of any other street or driveway which carries the same or greater traffic flow.
[Ord. 974, 3/14/2001 § 11727; as added by Ord. 995, 12/10/2003]
1. 
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $300 nor more than $1,000 for each violation, plus costs, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses.
2. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Part found to have been violated. All fines and penalties for the violation of this Part shall be paid to the Borough Treasurer.
3. 
The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin, or abate violations of this Part.