[HISTORY: Adopted by the Board of Commissioners of the Township
of Wilkins as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-1-1925 by Ord.
No. 80 (Ch. 79, Art. I, of the 1998 Township Code);
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any property owner building a driveway from his property to
any public road or street in the Township shall be required to place
a storm sewer pipe at least 12 inches in diameter underneath said
driveway where the driveway connects with the public road or street,
or such other remedy as approved by the Township Manager or his designee,
to prevent water from standing on the road or at the side of the road.
[Adopted 8-29-1977 by Ord. No. 621(Ch. 79, Art. II of the 1998 Township
Code)]
The intent of this article is to provide controls with which
the Township of Wilkins can regulate driveway access from nonresidential
land uses to rights-of-way of streets that are functionally classified
as local streets in the Township.
[Amended 12-28-1998 by Ord. No. 917; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
No person shall construct, open up or connect any driveway to a public right-of-way of a local street from a nonresidential land use without first obtaining a driveway permit, the conditions for which are further set forth in this article and in Chapter 385, Subdivision and Land Development, and Chapter 450, Zoning, of this Code.
As used in this article, the following terms shall have the
meanings indicated:
A private road giving access to a public right-of-way from
private land.
The total width of any land and air space assembled, reserved
or dedicated and maintained by governmental action to permit public
right of passage or for other public or quasi-public purposes.
That portion of a public street which is improved, designed
or ordinarily intended for vehicular use.
The roadway width normally measured between regularly established
curblines or between outer extremities of the shoulders, whichever
is appropriate.
The area of a public street, sometimes referred to as the "cartway"
or "pavement."
By functional classification:
All publicly owned, operated and maintained roadways in Wilkins
Township which are not owned, operated and maintained by the Commonwealth
of Pennsylvania or by the County of Allegheny, Pennsylvania, are,
for the purpose of this article, functionally classed as "local streets."
The function of a local street is to provide access to abutting
land uses and, as a secondary purpose, to provide for the distribution
of vehicular traffic between intersecting local streets and traffic
arteries.
[Amended 12-28-1998 by Ord. No. 917]
Applications for driveway permits can be obtained from the Township
Ordinance Enforcement Officer at the Wilkins Township Municipal Building,
110 Peffer Road, during any normal business day. An application fee
shall be paid at the time of filing in an amount set by resolution
of the Board of Commissioners.[1]
[1]
Editor's Note: The current fee resolution is on file in the
Township offices.
All persons seeking to construct, open up or connect any driveway
to a public right-of-way of a local street from a nonresidential land
use must complete a driveway permit application and submit the completed application to the Ordinance
Enforcement Officer for the Township of Wilkins. A site plan, drawings
and supportive material clearly describing the applicant's intent
shall be submitted with the driveway permit application. All driveway
permit documents shall be prepared in sufficient detail so as to afford
a clear description of:
A.
The land use and purpose for which the property is to be used or
reused.
B.
The proposed location of all driveways and driveway approaches to
all public roadways to which access is being sought.
C.
The precise location of all driveways and driveway approaches serving
all abutting properties.
D.
The number of parking spaces within the areas which can be served
by the proposed driveways.
A.
The information shown on all driveway permit documents shall be in
sufficient detail to:
B.
All drawings are to contain the North point and a legend to clearly
identify all elements of the plan that will be critical for a proper
evaluation by the Ordinance Enforcement Officer. All plans and drawings
shall be to scale. Graphic scales shall be used.
The completed application form and required support data listed
above are to be submitted to the Township Ordinance Enforcement Officer
during normal working hours.
The Township Ordinance Enforcement Officer shall be afforded
three calendar weeks for the review of the application and support
material.
The Township Ordinance Enforcement Officer may require the applicant
to also submit a detailed report of existing and forecasted vehicular
traffic activity which may result from a driveway or driveways being
connected to the right-of-way of a local street from a nonresidential
land use.
It will be the duty of the Ordinance Enforcement Officer to
advise the applicant of the need for this traffic report during the
application review. The purpose for this traffic report is to further
afford the Ordinance Enforcement Officer an opportunity to determine
if traffic generated by the proposed land use or reuse will adversely
affect traffic flow and safety, particularly within the environs of
the planned land use or reuse.
The traffic report must be prepared by an expert in the field
of traffic engineering or transportation planning or by others considered
qualified and acceptable to the Township Ordinance Enforcement Officers.
The traffic report shall clearly and concisely describe pertinent
vehicle safety and traffic capacity information. The report shall
also contain conclusions concerning the impact of the proposed, use
or reuse on the flow of traffic, traffic capacity and safety on affected
public roads and at all potential conflict points within the environs
of the planned land use or reuse.
A driveway between a nonresidential land use and the right-of-way
of a local street can only be granted under the following conditions:
A.
No driveway shall be provided to a local street if a driveway access
can be provided to an arterial street.
B.
All portions of the driveway must lie wholly within the zoned property
being considered for use or reuse.
C.
No portion of any driveway or driveway approach shall be constructed
closer than five feet from the side property lines or the side property
lines extended to the edge of the right-of-way.
D.
Driveways shall not exceed 24 feet in width. Driveway approaches
shall not exceed 30 feet in width measured at the edge of the roadway.
E.
All driveways and driveway approaches shall be constructed consistent
with good engineering practice and with materials acceptable to the
Township Engineer.
F.
Sight distance for motorists entering the local street from the proposed
driveway shall not be less than 100 feet along the local street. Sight
distance from the eye-level equivalent (3.75 feet) of a motorist stopped
on the driveway no closer than 10 feet from the edge of the roadway
of the local street is measured along center lines of vehicle gravel
paths on the local street.
G.
The applicant's development shall not generate so much vehicular
traffic that traffic volumes on the local street linking the proposed
development with the nearest artery exceed 300 vehicles per hour (two-way)
during the peak hours of operation or during the peak street traffic
hours and/or more than 2,000 vehicles in an average twenty-four-hour
day.
H.
When volumes generated by the proposed development are added to potential
traffic generated by possible future land use on the local street
in a ten-year forecast period, total local street traffic volumes
shall not produce average daily (twenty-four-hour) traffic volumes
in excess of 2,000 vehicles and/or more than 300 vehicles per hour
(two-way) during the peak street traffic hours or during the peak
hours of business activity.
Nonconformance to any of the preceding minimum restrictions
shall result in denial of the application to construct, open up or
connect a driveway to a public right-of-way of a local street from
a nonresidential land use by the Ordinance Enforcement Officer. Such
denial shall be furnished the applicant in writing. The denial shall
state the reasons for denial by the Ordinance Enforcement Officer.
If, based on information supplied with the applications for
driveway permits and/or requested by the Ordinance Enforcement Officer,
a driveway to the right-of-way of a local street will not have an
adverse effect on traffic flow or the residential quality of a local
street but that traffic control may be needed to improve traffic flow
and safety, the Ordinance Enforcement Officer is to advise the applicant
of the need to prepare appropriate preliminary design drawings for
required traffic control devices.
A.
If traffic control devices are to be considered, the permit to construct,
open up or connect a driveway to a public right-of-way of a local
street from a nonresidential land use will not be issued by the Ordinance
Enforcement Officer of the Township of Wilkins until after preliminary
approval of those traffic control devices that are under the jurisdiction
of the Pennsylvania Department of Transportation is obtained and after
a written statement is received from the applicant that the applicant
for the proposed land use or reuse will assume all costs relevant
to the engineering design and installation of the recommended traffic
control devices and sufficient surety of the funds required for said
controls is posted.
B.
Where approvals for traffic control devices are required by the Pennsylvania
Department of Transportation, the Township Ordinance Enforcement Officer
will advise the Pennsylvania Department of Transportation (PennDOT)
of impending applications for installation of such traffic control
devices. On request by PennDOT, the Ordinance Enforcement Officer
will forward all information, sketches and support data provided to
him by the applicant to the Pennsylvania Department of Transportation
District Office for its evaluation.
If, in the judgment of the Pennsylvania Department of Transportation
District Office, traffic control devices will meet warrants established
by the commonwealth for such control devices, it shall be the duty
of the applicant to have prepared all necessary preliminary design
drawings and support data for the recommended traffic control devices.
This information is to be prepared in a manner consistent with the
Pennsylvania Department of Transportation requirements as set forth
in its design manuals. Once completed by the applicant, these preliminary
drawings and support data are to be forwarded to the Township Ordinance
Enforcement Officer for transmittal to the district office of the
Pennsylvania Department of Transportation.
Where traffic controls are required, no local street driveway
access shall be opened until controls are installed as designed.
[Amended 12-28-1998 by Ord. No. 917; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership or corporation who or which shall violate
the provisions of this article shall, upon conviction thereof in a
summary proceeding, be sentenced to pay a fine of not more than $1,000,
plus costs of prosecution. In default of payment of such fine and
costs, such person, the members of such partnership or the officers
of such corporation shall be liable to imprisonment for not more than
30 days. Each day that a violation is continued shall constitute a
separate offense. In appropriate cases, actions seeking injunctive
relief may be filed.
The applicant or developer of nonresidential land use or reuse
seeking driveway access to local streets has the right of appeal or
to seek variance to this article by direct written appeal showing
cause for such appeal or variance to the Board of Commissioners of
the Township of Wilkins.
The Board shall conduct hearings and make decisions in accordance
with the following requirements:
A.
Notice shall be given to the public, the applicant, the Ordinance
Enforcement Officer and to any person who has made timely request
for the same. Notices shall be published once each week for two successive
weeks in a newspaper of general circulation in the municipality. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or fewer than seven days from the date
of the hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The parties to the hearing shall be the municipality and any person
affected by the application who has made timely appearance of record
before the Board and any other person, including civic or community
organizations, permitted to appear by the Board. The Board shall have
power to require that all persons who wish to be considered parties
enter appearances, in writing, on forms provided by the Board that
purpose.
C.
The Board members shall have power to administer oaths and issue
subpoenas to compel the attendance of witnesses and production of
relevant documents and papers, including witnesses and documents requested
by the parties.
D.
The Board shall render a written decision or, when no decision is
called for, make written findings on the appeal within 45 days after
the last hearing before the Board.
E.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him within five days following its date. To all other persons
who have filed their name and address with the Board not later than
the last day of the hearing, the Board shall provide, by mail or otherwise,
brief notice of the decision or findings and a statement of the place
at which the full decision or findings may be examined.
The appellant shall, on appeal, pay a filing fee to cover the
cost of notice and stenographic services in an amount set forth in
an appropriate resolution or motion adopted by the Board of Commissioners.
