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:
ADJACENT
The state of being side by side, next to or adjoining one
another.
APPLICANT
The person (landowner or developer) applying for a driveway
permit.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Union, Berks
County, Pennsylvania. Also may be referred to as the "Board" or "Township
Supervisors."
CARTWAY
The portion of a street right-of-way, paved or unpaved, and
intended for vehicular use.
CENTER LINE (STREET)
A line measured midway between and parallel to the street
right-of-way line, or as otherwise defined on plans and deeds of record.
CLEAR SIGHT TRIANGLE
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.
DEVELOPER
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.
DRIVEWAY
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.
DRIVEWAY WIDTH
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
EXCAVATION
Any act by which earth, sand, gravel or rock is dug into,
cut, quarried or moved.
FRONTAGE
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.
GRADE
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.
IMPROVEMENT
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.
LANDOWNER
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.
LOT
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.
LOT FRONTAGE
That portion of a lot which fronts on a street.
PARKING LOT
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.
PAVEMENT
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.
PAVEMENT/CARTWAY EDGE
The edge of the main traveled portion of any street or highway,
exclusive of shoulders.
PERMIT
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.
PERMIT OFFICER
The individual or firm appointed by the Board of Supervisors
having the responsibility of administering and enforcing the terms
and provisions of this chapter.
PERSON
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.
PLAN
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.
RIGHT-OF-WAY
The total width of any land that is reserved or dedicated
for streets, utilities, drainage facilities, or other public purposes.
A.
EXISTING RIGHT-OF-WAYThe legal right-of-way as currently established by the commonwealth or other appropriate governing authority.
SHOULDER
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.
SIGHT DISTANCE
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.
STREET
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.
B.
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.
D.
CUL-DE-SAC STREETA minor street intersecting another street at one end, and terminating in a vehicular turnaround at the other end.
E.
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.
F.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
G.
PUBLIC STREETA street offered for dedication and accepted by the Township for public use.
H.
PRIVATE STREETA street not offered or intended to be offered for dedication to the Township for public use.
STREET LINE
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.
SUBDIVIDER
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.
SUBDIVISION
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.
SUBSTANTIAL IMPROVEMENT
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.
TOWNSHIP
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.
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.
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.