[Ord. 07-06, 5/14/2007, § 1]
This part shall be known and may be cited as the "New Hanover Township Driveway Ordinance."
[Ord. 07-06, 5/14/2007, § 2]
The following words and phrases when used in this part shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning:
Person applying for driveway permit.
The Board of Supervisors of the Township of New Hanover, Montgomery County, Pennsylvania.
The portion of a street, whether dirt and gravel or improved with a hard wearing surface, used for the passage of vehicles.
An area of unobstructed vision at the intersection of a street and driveway defined by lines of sight between points at a given distance from the intersection of the street and driveway center lines.
Every entrance or exit used by vehicular traffic to or from properties abutting a street or highway.
The narrowest width of a driveway measured perpendicular to the center line of the driveway.
The width of a lot or property which abuts a street, being the distance measured along the street right-of-way line from one side lot line to the other.
Every publicly used street or highway within the boundaries of New Hanover Township, Montgomery County, Pennsylvania, other than a state highway, including all existing or proposed streets, lanes, alleys, courts and ways.
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.
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 part.
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 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.
A strip of land, including the entire right-of-way, (i.e., not limited to the cartway) to provide access to more than one lot. The word "street" includes street, avenue, boulevard, thoroughfare, road, highway; freeway, parkway, lane, alley, viaduct and other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. Streets are further classified according to the function they perform.
ALLEYS — The ultimate right-of-way for an alley is 36 feet. | |
DEVELOPED ARTERIAL HIGHWAY — The three primary functions of a developed arterial highway are to connect major centers of activity and to move higher volumes of traffic and to provide access to many properties. | |
LOCAL ROADS (STREETS) — Local roads or streets are all other roads and streets not of a higher classification. | |
MARGINAL ACCESS STREETS — The easement for a marginal access street is 47 feet. However, no right-of-way is required where a marginal access street is part of a nonresidential development, is kept as a private circulation improvement, and there is no dedication to the Township or other governmental body. | |
MAJOR COLLECTOR HIGHWAYS — Major collector highways provide the link between the arterials, minor collectors and local streets. | |
MINOR COLLECTOR ROADS — Minor collector roads serve similar functions as major collectors in that they provide connections among arterial highways, major and minor collectors, local roads, residential neighborhoods and nonresidential areas. Traffic volumes are lower than higher order roads. Minor collector roads should be designed to provide traffic flow with minor interruptions. | |
RURAL ARTERIAL HIGHWAYS — The primary function of rural arterial highways is to connect major centers of activity and to move vehicles through the community. |
Any landowner (whether legal or equitable), agent of such landowner, or tenant with the written permission of such landowner, who makes or causes to be made a subdivision, as defined in Chapter 22, Subdivision and Land Development.
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, onto 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 New Hanover, Montgomery County, Pennsylvania.
[Ord. 07-06, 5/14/2007, § 3]
1.
No driveway, in New Hanover 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 or occupancy of a state or Montgomery County highway right-of-way area shall be laid out, opened, installed, constructed or substantially improved only in accordance with a permit issued by the Pennsylvania Department of Transportation or Montgomery County pursuant to the provisions of Chapter 441 of Title 67 of the Pennsylvania Code.
B.
Any driveway which requires the penetration or occupancy of a local street right-of-way area shall be laid out, opened, installed, constructed or substantially improved only in accordance with a permit issued by the New Hanover Township Permit Officer under the provisions of, this part, any other applicable ordinances of New Hanover Township, and such driveway regulations, provisions and specifications as may be enacted by the Board of Supervisors of New Hanover 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 is required as set forth above if the corrective work is a substantial improvement.
2.
In those instances where a Township road has adequate drainage facilities and the Permit Officer determines that directing run-off to the road right-of-way is an appropriate method of stormwater control, the Permit Officer has the discretion to grant an exemption from the above improvement requirements.
[Ord. 07-06, 5/14/2007, § 4]
1.
Any person required to obtain a driveway permit under the terms of this part shall make application for the same on a form approved by the Board of Supervisors, and said application shall be accompanied by a fee in an amount to be determined by the Board of Supervisors.
2.
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.
3.
In addition to submitting to the Permit Officer the application and the application fee, the application shall be accompanied by the following information:
A.
A statement giving the location, purpose and description of all work to be done.
B.
A driveway sketch and driveway profile plan prepared in accordance with the sample attached hereto, marked Exhibit 21-2A-A and incorporated herein, showing the area to be affected, existing improvements presently erected or constructed thereon, proposed improvements and all property boundary lines within 100 feet of the proposed driveway.
C.
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 run-off calculations indicating run-off prior to and after the proposed work, when such calculations are requested by the Permit Officer.
D.
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.
4.
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 part.
5.
All work shall be in strict compliance with the plans and specifications for which the Permit Officer issued a permit.
6.
The Permit Officer shall not issue a permit for any work to be performed under the terms and conditions of this part 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 part and that required by the Permit Officer in accordance with the terms and conditions of this part.
[Ord. 07-06, 5/14/2007, § 5; as amended by Ord. 09-01, 6/22/2009, § 1]
1.
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 stability 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.
2.
All work for which a permit is required under the provisions of this part shall be done in accordance with the standards of this section and any driveway regulations, provisions and specifications adopted by the Board of Supervisors from time to time. All driveway entrances shall be designed and constructed to comply with PennDOT RC-67M, "Curb Ramp and Sidewalk Details," as amended. With respect to all driveways which access onto state highways, the design criteria applicable shall be those set forth in 67 Pa. Code, Chapter 441, "Access to and Occupancy of Highways by Driveways and Local Roads."
3.
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 24 inches and below seven feet measured from the center line grade of the intersecting driveway and the local street. Driveways shall not be located in a manner to endanger roadway traffic. Safe stopping sight distance shall be used as design criteria which shall be based upon the posted speed limit or as normal driving conditions may warrant.
4.
A clear sight triangle shall be established from a distance of 75 feet from the point of intersection of the center lines of the driveway and a local street, except that a clear sight triangle of 150 feet shall be provided for the intersection of a driveway with any collector or major street. The sight distance is determined in the field from a distance into the driveway of 10 feet from the pavement/cartway edge. All visual obstructions shall be removed permanently from this sight area. Driveways shall not be located in a manner to endanger roadway traffic. Safe stopping sight distance shall be used as design criteria which shall be based upon the posted speed limit or as normal driving conditions may warrant.
5.
Any repairs to a driveway, for which a permit has been issued under this part 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.
6.
Every driveway which requires the penetration or occupancy of a paved local street shall be paved from the pavement/cartway edge for a distance of 15 feet or to the right-of-way line, whichever is greater; provided, however, that if the slope of the driveway at the right-of-way line is 40% or greater, the same shall be paved for a minimum distance of 50 feet from the pavement/cartway edge unless the Permit Officer determines that some lesser distance is adequate. Driveway paving shall consist of a minimum of two inches of bituminous wearing course, on a minimum of four inches of crushed stone. 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.
7.
All driveways shall have a minimum width of at least 10 feet and a maximum width no greater than 20 feet measured at the legal road right-of-way and the entrance shall be rounded at a minimum radius of six feet. 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.
8.
All driveways shall be located a minimum of 40 feet from the point of intersection of the nearest street right-of-way line.
9.
No single lot or parcel of land shall have more than one driveway.
10.
All driveways shall have a leveling area not to exceed a grade of 4% within 20 feet of the intersection of the driveway with the cartway of any local street. For an additional distance of a least 30 feet from said leveling area, the maximum grade of the driveway shall not exceed 10%. At no location shall the maximum grade of a driveway exceed 13%. A sample driveway sketch depicting acceptable driveway profiles is attached hereto, marked Exhibit 21-2A-A and incorporated by reference herein.
11.
Drainage.
A.
The intersection of all driveways within the pavement/cartway edge shall be constructed by use of either a drainage swale or pipe, at the option of the applicant and with the concurrence of the Permit Officer. If a drainage swale is used, it shall slope from the cartway at a minimum grade of 4% for a minimum of six feet from the pavement/cartway edge. If a drainage swale is used, the gutter shall be at least four inches lower than the edge of the pavement and six feet from the edge of the pavement.
B.
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 ten-year storm frequency.
C.
The minimum pipe size shall be 12 inches. The pipe shall be located at least six 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.
D.
A sample driveway sketch depicting acceptable driveway profiles with respect to swales and pipe is attached hereto, marked Exhibit 21-2A-A and incorporated by reference herein.
12.
Where driveways are placed in relation to curb areas, the curb depression shall be two feet wider than the drive. The curb shall be depressed to 1 1/2 inch from the gutter line.
13.
All drives shall have a cross section cross slope of 3/8 inch per foot incorporated as a crown or continuous slope from edge to edge of pavement or such other cross slope as may be approved by the Permit Officer upon satisfactory demonstration by the applicant of the appropriateness thereof.
14.
The angle of a driveway as it intersects 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°.
[Ord. 07-06, 5/14/2007, § 6]
All driveways shall be maintained by the property owner in such a manner as not to interfere with the design, maintenance, and drainage of local streets, nor the safe and convenient passage of traffic upon the local streets.
[Ord. 07-06, 5/14/2007, § 7]
1.
No paving of a driveway for which a driveway permit has been issued pursuant to the terms of this part 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.
2.
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.
[Ord. 07-06, 5/14/2007, § 8]
1.
The Board of Supervisors may require a subdivider to submit with his subdivision plans evidence that the standards for driveway construction established in this part 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.
2.
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 run-off 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.
[Ord. 07-06, 5/14/2007, § 9]
Any person, firm, corporation or other entity applying for any permit under this part, agrees by making said application to indemnify and save the Township 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. The application for a permit shall contain appropriate language indicating that the applicant agrees to indemnify and save the Township harmless as aforesaid.
[Ord. 07-06, 5/14/2007, § 10; as amended by Ord. 17-03, 3/27/2017]
1.
Any person, firm, corporation who shall violate any provision of this part, 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.
2.
The Permit Officer or any duly authorized agent of the Permit Officer or of the Township may revoke any permit issued to any person, firm, corporation or other entity violating any of the provisions of this part.
3.
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 part, or to restrain, correct or abate a violation.
[Ord. 07-06, 5/14/2007, § 11]
This part 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 part may appeal within 30 days of said adjudication for a hearing before the Board of Supervisors of New Hanover Township in accordance with the applicable portions of the Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
[Ord. 07-06, 5/14/2007, § 12]
1.
All ordinances and resolutions and parts of ordinances and resolutions inconsistent with the provisions of this part are hereby repealed insofar as they affect any work done after the effective date of this part, 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 part.
2.
Notwithstanding anything set forth above in this part, whenever the provisions of this part shall be inconsistent with the provisions of Chapter 27, Zoning, 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 part, then the provisions of Chapter 27, Zoning, of New Hanover Township or other applicable Township ordinances shall prevail and be applicable.
3.
The provisions of this part 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 part 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.