The Borough finds that it is in the public interest to regulate
the design, location and construction of access driveways in such
a manner so as to facilitate the safe and unobstructed movement of
vehicular traffic on Borough roadways.
The following words and phrases when used in this chapter shall,
for the purpose of this chapter, have the following meanings, respectively,
except in those instances where the context clearly indicates a different
meaning:
ACCESS
Any means for passage of vehicles between property abutting
on a Borough roadway and the roadway. It shall be deemed to include
only that part of the driveway that lies within the established right-of-way
limits of the Borough roadway. It will also include such drainage
structures as may be necessary for the proper construction and maintenance
thereof.
BOROUGH ROAD or ROADWAY
All roads taken over by the Borough under the Acts of Assembly,
Borough ordinance, or court order.
CORNER CLEARANCE
The distance, at an intersection of two roadways between
the near edge of the access driveway approach and the point of intersection
of the pavement edges or the curbline extended.
INTERMEDIATE ISLAND
The section of the roadway right-of-way between the pavement
edge or curb and the property line, which occurs between driveways.
PAVEMENT EDGE
The edge of the main traveled portion of any street or roadway,
exclusive of shoulder or berm.
PERSON
Any natural person, firm, copartnership, association or corporation.
PROPERTY LINE CLEARANCE
The distance measured along the pavement edge or curb between
the property frontage boundary line and the near edge of the driveway.
PUBLIC ALLEY
Any public way generally not less than eight feet or more
than 20 feet in width, located within the Borough, which affords access
to the side or rear of buildings in such block.
RADIUS CURB
That section of curb forming an arc beginning at the end
of the driveway and continuing to the throat of the driveway.
RURAL AREA
An area where roadways have been built to typical rural highway
standards without sidewalks and curbs.
SETBACK
The lateral distance between the right-of-way line and the
roadside business building, liquid fuel pump island, display stand
or other object, the uses of which will result in space for vehicles
to stop or park between such facilities and the right-of-way line.
SHOULDER LINE
The intersection of the shoulder slope with the side slope
or ditch slope.
SIDEWALKS
A permanent concrete walkway, continuous for a reasonable
distance and integral part of the roadway development, solely for
use of pedestrians.
STABILIZED MATERIAL
Any aggregate, such as gravel, stone, slag, or mixtures of
such aggregates with soil, placed in such a manner as to provide a
smooth, stable, all-weather surface not subject to undue raveling.
STATE HIGHWAY
All roads and highways taken over by the Commonwealth of
Pennsylvania as state highways under provision of Act of Assembly.
The term shall include any street in any city, Borough or incorporated
town that has been taken over as a state highway.
URBAN AREA
An area where the roadways have been built to typical city
street standards, including sidewalks and curbs.
VEHICLE
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway.
The permissible number, arrangement and width of driveways shall
be governed in part by the roadway frontage of abutting private property.
The number of driveways permitted shall be the minimum number required
to serve adequately the needs of the abutting property. Frontages
of 50 feet or less shall be limited to one driveway. Normally not
more than two driveways need to be provided to any single property
tract or business establishment. Exception may be made where the frontage
exceeds 300 feet in length or where the frontage is along a divided
highway. In such instances, requests for additional driveways shall
require prior approval from the Borough Zoning Hearing Board.
All driveways, adjacent areas and areas between such driveways
including channelization, paving, drainage, etc., installed by the
permittee shall be maintained by the property owner in such a manner
as not to interfere or be inconsistent with the design, maintenance
and drainage of the Borough roadway, or the safe and convenient passage
of traffic upon the Borough roadway. The term "adjacent area" shall
apply only to that area within the permittee's property or property
line extended.
Driveways shall not be located nearer than 10 feet to any side
or rear lot line; nor shall driveways run parallel with any public
street within 20 feet of the edge of the street right-of-way. Within
10 feet of the street right-of-way, driveways shall not exceed 35
feet in width.
The number of driveways may not exceed two per lot on any one
street frontage. The Zoning Hearing Board may grant permission by
special exception for additional driveways where required to meet
exceptional circumstances and where frontage of unusual length exists.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Bradford County.