[HISTORY: Adopted by the Board of Supervisors of the Township
of Union 7-16-2012 by Ord. No.
2012-02. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Union Township
Driveway Ordinance."
The following words and phrases when used in this chapter shall
have the meanings ascribed to them in this section except where the
context clearly indicates a different meaning:
The state of being side by side, next to or adjoining one
another.
The person (landowner or developer) applying for a driveway
permit.
The Board of Supervisors of the Township of Union, Berks
County, Pennsylvania. Also may be referred to as the "Board" or "Township
Supervisors."
The portion of a street right-of-way, paved or unpaved, and
intended for vehicular use.
A line measured midway between and parallel to the street
right-of-way line, or as otherwise defined on plans and deeds of record.
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.
The edge of the cartway.
Any landowner, whether an individual, firm, partnership,
association, corporation, estate, trust, or any other group or combination
acting as a unit (or agent of said landowner authorized thereby) which
undertakes the subdivision or development of land.
A private right-of-way providing for vehicular and pedestrian
access between a public street and a parking area or garage, within
a lot or property.
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
Any act by which earth, sand, gravel or rock is dug into,
cut, quarried or moved.
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.
The Board of Supervisors of Union Township.
The inclination, with the horizontal, of a street which is
generally expressed by stating the vertical rise or fall as a percentage
of the horizontal distance, and/or the level of the land improved
or unimproved.
Those physical additions and modifications to the land that
may be required to insure that the site is suitable for the proposed
land use, including but not limited to, buildings, structures, grading,
utilities, and the like.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition). A lessee under a
written lease, who has written authorization of the legal owner, shall
be deemed to be a landowner for the purpose of this chapter.
A tract or parcel of land, regardless of size, held in single
or joint ownership, not necessarily a lot or lots shown on a duly
recorded map. The term "lot" shall also mean parcel, plot, site or
any similar term.
That portion of a lot which fronts on a street.
An off-street area designed solely for the parking of motor
vehicles, including driveways, passageways, and maneuvering space
appurtenant thereto. Six or more parking spaces shall constitute a
parking lot for the purposes of this chapter.
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 chapter.
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 proposal for subdivision or land development, including
all covenants, grants or easements and other conditions relating to
use, location and bulk of buildings, density of development, common
open space and public facilities.
The total width of any land that is reserved or dedicated
for streets, utilities, drainage facilities, or other public purposes.
EXISTING RIGHT-OF-WAYThe legal right-of-way as currently established by the commonwealth or other appropriate governing authority.
ULTIMATE RIGHT-OF-WAYThe right-of-way deemed necessary to provide adequate width for future improvements.
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.
The required horizontal length of a roadway visible to the
driver of a passenger vehicle at any given point on the roadway when
the view is unobstructed by vehicular traffic. Horizontal sight distances
shall be measured in each direction from the edge of the cartway at
a point 3.5 feet above the road surface to a point 4.0 feet above
the center line of the road surface. The minimum horizontal sight
distances shall be based on the functional classification, speed limit
and grade of the intersecting street, utilizing the latest standards
of the Commonwealth of Pennsylvania Department of Transportation.
A public or private right-of-way, excluding driveways, intended
as means of vehicular and pedestrian travel, furnishing access to
abutting properties. The word "street" includes thoroughfare, avenue,
boulevard, court, drive, expressway, highway and similar terms.
ARTERIAL (MAJOR) STREETA street serving a large volume of comparatively high-speed and long-distance traffic.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or arterial streets or other collector streets. Streets within an industrial or commercial development shall be considered collector streets.
MINOR STREET or LOCAL ACCESS STREETA street used primarily to provide access to residential properties.
CUL-DE-SAC STREETA minor street intersecting another street at one end, and terminating in a vehicular turnaround at the other end.
MARGINAL ACCESS STREETA minor street, parallel and adjacent to an arterial or collector street (separated by a reverse strip) which provides access to abutting properties and control of intersections.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
PUBLIC STREETA street offered for dedication and accepted by the Township for public use.
PRIVATE STREETA street not offered or intended to be offered for dedication to the Township for public use.
The dividing line between a lot and the outside boundary
of a public street, road, or highway right-of-way legally open or
officially mapped by a municipality or higher governmental authority,
between a lot and the outside boundary of a street shown on a recorded
subdivision or land development plan, or between a lot and a private
street or road which the owners or tenants of one or more lots held
in single and separate ownership have a right-of-way.
Any landowner whether an individual, firm, partnership, association,
corporation, estate, trust, or any other group or combination acting
as a unit (or agent or said landowner authorized thereby) which undertakes
the subdivision or development of land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devises, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
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,
or to 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 Union, Berks County, Pennsylvania.
No existing or proposed driveway in Union 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, encroachment or occupancy
of a state highway right-of-way area shall be laid out, opened, designed,
installed, constructed or substantially improved in accordance with
a permit issued by the Pennsylvania Department of Transportation pursuant
to the provisions of Chapter 441 of Title 67 of the Pennsylvania Code,
Access to and Occupancy of Highways by Driveways and Local Roads.
B.
Any driveway which requires the penetration, encroachment or occupancy
of a local street right-of-way area shall be laid out, opened, designed,
installed, constructed or substantially improved only in accordance
with a permit issued by the Union Township permit officer under the
provisions of this chapter, any other applicable ordinances of Union
Township, and such driveway regulations, provisions and specifications
as may be enacted by the Board of Supervisors of Union 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 shall
be required as set forth above if the corrective work is a substantial
improvement. In those instances where a road has adequate drainage
facilities to control stormwater runoff onto the road right-of-way,
the permit officer has the discretion to grant an exemption from the
improvement requirements set forth by this chapter.
A.
Any person required to obtain a driveway permit under the terms of
this chapter shall make application for the same on a form approved
by the Board of Supervisors and accompanied by a fee in an amount
to be determined by the Board of Supervisors.
B.
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.
C.
In addition to submitting to the permit officer the application and
the application fee, the application shall be accompanied by the following
information:
(1)
A statement giving the location, purpose and description of all work
to be done.
(2)
A driveway sketch and driveway profile plan prepared by the applicant
showing the area to be affected, existing improvements presently erected
and/or constructed thereon, proposed improvements and all property
boundary lines within 100 feet of the proposed driveway. The driveway
sketch and driveway profile plan shall be subject to the approval
of the Township Engineer.
(3)
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
runoff calculations indicating runoff prior to and after the proposed
work, when such calculations are requested by the permit officer.
(4)
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.
D.
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
chapter.
E.
All work shall be in strict compliance with the plans and specifications
for which the permit officer issued a permit.
F.
The permit officer shall not issue a permit for any work to be performed
under the terms and conditions of this chapter 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 chapter.
A.
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, create areas of undue traffic congestion on the highway,
or create a drainage or sedimentation problem on an adjacent property
or street. All surface water runoff from the driveway shall be retained
on the applicant's lot whenever possible.
B.
All work for which a permit is required under the provisions of this chapter, shall be done in accordance with the standards of this § 86-5 and any other driveway regulations, provisions and specifications adopted by the Board of Supervisors from time to time. With respect to all driveways which access onto state highways, the design criteria applicable shall be those set forth in Title 67 of the Pennsylvania Code at Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads.
C.
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 proposed driveway intersections. 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 30 inches and below 10 feet measured from the
center-line grade of the intersecting driveway and the local street.
D.
A clear sight triangle shall be established from a distance of 50
feet measured in each direction from the point of intersection of
the center lines of the driveway and a street, and from a point 20
feet behind the edge of the cartway of the intersecting 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.
E.
Any repairs to a driveway for which a permit has been issued under
this chapter 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.
F.
Every driveway which requires the penetration or occupancy of a paved
local street shall be paved from the pavement/cartway edge for a minimum
distance of 20 feet. The area between the edge of the cartway and
the ultimate right-of-way line shall not exceed a grade of 5%. All
driveways exceeding a grade of 8% with positive drainage toward the
public street to which it has access shall be paved. 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.
G.
Driveway paving specifications shall consist of four inches of a
compacted 2-A modified stone base and at least three inches of a bituminous
base course.
H.
All driveways shall have a width of at least 10 feet, and the entrance
shall be rounded at a minimum radius of five 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 10 feet from a property boundary line.
I.
All driveways shall be located at least 50 feet from the point of
intersection of the nearest street right-of-way line.
J.
No single lot or parcel of land shall have more than one driveway.
If the owner of a parcel with at least 125 feet of frontage demonstrates
to the satisfaction of the Board of Supervisors that an additional
driveway is necessary, the permit officer will be directed to issue
a permit for a second driveway in accordance with the terms of this
chapter.
K.
All driveways shall have a leveling area not to exceed a grade of
5% between the edge of the cartway and the ultimate right-of-way line.
At no location shall the maximum grade of a driveway exceed 14%.
L.
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 grade of 5% for a minimum of eight feet from the pavement/cartway
edge. If a drainage swale is used, the gutter shall be at least six
inches lower than the edge of the pavement and eight feet from the
edge of the pavement.
M.
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 a ten-year storm frequency.
N.
The minimum pipe size shall be 15 inches. The pipe shall be located
at least eight 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.
O.
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 inches from the gutter line.
P.
All driveways 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.
Q.
The angle of a driveway as it intersections 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°.
R.
A driveway sketch and driveway profile plan prepared by the applicant
showing the area to be affected, existing improvements presently erected
and/or constructed thereon, proposed improvements and all property
boundary lines within 100 feet of the proposed driveway. The driveway
sketch and driveway profile plan shall be subject to the approval
of the Township Engineer.
All driveways shall be maintained by the property owner in such
a manner as not to interfere with the design, maintenance, and drainage
of public streets, nor the safe and convenient passage of traffic
upon the local streets. All such maintenance violations shall be subject
to the maximum fines which can be imposed by this chapter.
A.
No paving of a driveway for which a driveway permit has been issued
pursuant to the terms of this chapter 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.
B.
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.
A.
Any person, firm, corporation or other entity applying for any permit
under this chapter agrees by making said application to indemnify
and save the Township and its agents, servants, employees and/or contractors
harmless from and against all liabilities of whatever nature arising
during the performance of the work, 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.
B.
The application for a permit shall contain appropriate language indicating
that the applicant agrees to indemnify and save the Township harmless
as aforesaid.
B.
The permit officer or any duly authorized agent of the permit officer
of the Township may revoke any permit issued to any person, firm,
corporation or other entity violating any of the provisions of this
chapter.
C.
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 chapter, or to restrain, correct or abate
a violation.
This chapter 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 chapter may appeal within 30 days of said adjudication
for a hearing before the Board of Supervisors of Union Township in
accordance with the applicable portions of the Pennsylvania Local
Agency Law, as amended.
A.
All ordinances and resolutions and parts of ordinances and resolutions
inconsistent with the provisions of this chapter are hereby repealed
insofar as they affect any work done after the effective date of this
chapter, 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 chapter.
B.
Notwithstanding anything set forth above in this chapter, whenever the provisions of this chapter shall be inconsistent with the provisions of Chapter 200, Zoning, as amended from time to time, 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 chapter, then the provisions of the Chapter 200, Zoning, as amended from time to time, or other applicable Township ordinances shall prevail and be applicable.
C.
The provisions of this chapter 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 chapter 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.
