[Ord. 12-10-12(C), 12/10/2012, § 101]
This Part shall be known as the "Covington Township Driveway
and Use of Township Road Ordinance."
[Ord. 12-10-12(C), 12/10/2012, § 102]
"Driveway and Road Ordinance."
[Ord. 12-10-12(C), 12/10/2012, § 103]
It is in the public interest to regulate the location, design,
construction, traffic patterns, methods of ingress and egress, maintenance
and drainage of access driveway, local roads and other property within
the Township's rights-of-way for the purpose of security, consistency,
maintenance, proper drainage, and safe and reasonable access. Furthermore,
it is in the public interest to regulate the use of Township roads
in manner that it consistent with the laws of the Commonwealth of
Pennsylvania, regulations of PennDOT and in a manner that does not
obstruct, cause congestion or interfere with regular traffic flows
to allow for reasonable access and use of Township roads.
[Ord. 12-10-12(C), 12/10/2012, § 104]
Any area of land designated or to be used as a means of ingress
or egress for vehicles traveling from a Township or state roadway
to any parcel of land or from any parcel of land to a Township or
state roadway. Driveway shall also include such drainage structures
and erosion control materials as may be necessary and/or required
for the proper function thereof.
The owner of land upon which a driveway is located, constructed
or installed or is proposed to be located, constructed or installed.
The Pennsylvania Department of Transportation.
The permit issued by the Township relating to the design,
construction and use of driveways and driveway connections.
Any open road, street, avenue, highway, right-of-way or public
thoroughfare, including the entire width between right-of-way lines
whether or actually maintained by the Township and/or road, street,
highway, alley or public thoroughfare, including the entire width
between right-of-way lines shown in a subdivision or land development
plan to be dedicated to the Township in the future.
Covington Township.
[Ord. 12-10-12(C), 12/10/2012, § 105]
1.
No owner of contractor shall hereinafter construct, install or allow
any work to be performed toward the installation of any driveway,
either temporary or permanent, within the Township right-of-way or
abutting any Township roadway without first obtaining a permit from
the Township. A permit shall be obtained from having the owner submit
an application to the Township.
2.
Each application shall be submitted to the Township Secretary on
a form furnished by the Township. All associated fees shall accompany
the application.
3.
Each application for a driveway permit shall be submitted to the
Township at least 30 working days prior to the anticipated start of
work.
4.
In the case of a subdivision plan application with roadways to be
constructed and dedicated to the Township, driveway plans must be
submitted with the preliminary subdivision plan to the Township for
review of the proposed driveway locations on the proposed roadway.
5.
A permit shall be valid for a period of 12 months from the date of
issuance. If the permittee has not completed all authorized work within
said twelve-month period, the permit shall expire and a new application,
permit and associated fees shall be required.
[Ord. 12-10-12(C), 12/10/2012, § 106]
1.
Each application shall have attached thereto a plan showing the design
of the driveway that designates all dimensions, radii, percent grade,
sizes and materials to be used, drainage facilities involved, and
all other information necessary for the construction, as applicable.
All land development, subdivision and like plans shall be prepared
and sealed by a registered professional engineer.
2.
All owners, or their contractors or agents, shall be required to
comply with the provisions of this Part. This includes corporations
or entities that are subject to federal laws that preempt local zoning
ordinances. In the event that a landowner and/or its agent or lessee
has certain areas that are preempted, they are still required to submit
an application and get approval prior to commencing construction.
All driveways and proposed driveways shall be in accordance with PennDOT
rules and regulations as amended and supplemented.
3.
In general, when submitting plans to the Township the plans must
show that for purposes of ingress and egress:
A.
No stacking of vehicles on the public roadway.
B.
All considerations have been made regarding public safety.
C.
Must submit the traffic pattern if it is going to be used for commercial
purposes.
D.
A description of the types and sizes of vehicles that will use the
driveway.
E.
A statement of how many trucks/vehicles will be using the driveway
per day and at what times.
F.
The method of loading and unloading for commercial trucks.
G.
Safety considerations for commercial trucks with respect to traffic
patterns, speed limits, methods of loading and unloading and plans
stating that there will be no stacking of vehicles on the public road.
4.
All driveways shall be located in a point within the property frontage
limits which provide at least a minimum sight distance for the types
of vehicles and the location of the proposed driveway.
5.
Driveways are to be designed and constructed so as to not cause surface
and/or stormwater to drain onto the Township road.
[Ord. 12-10-12(C), 12/10/2012, § 107]
1.
Use of Township roads shall be in accordance with all rules and regulations
of the commonwealth and all rules, regulations and ordinances of Covington
Township.
2.
No user of Covington Township roads shall conduct any activities,
obstruct any Township road, or use a Township road in any manner that
is a threat to the health, welfare and safety of its communities.
Activities that are determined to be a violation of this provision,
include, but are not limited to, stacking of vehicles/trucks; using
the side of the Township road for parking of vehicles; using the roadway
or side of the road as permanent or temporary parking for vehicles/trucks;
obstructing a Township road in any way by use of a vehicle/truck or
any equipment pulling out of a driveway.
3.
As a general rule, any driveway that is being used by a high number
of vehicles/trucks that require the vehicles to pull out onto the
public roadway and cross an on-coming lane of traffic is prohibited.
All owners must design points of ingress and egress from their property
onto the public roadway in a manner that does not obstruct on-coming
traffic.
4.
Any owner and/or contractor who uses a Township road for multiple
vehicles/trucks and violates the provisions of this Part or any other
ordinance of Covington Township, or any regulations or law of the
commonwealth, shall have its right to use the Township roads revoked.
5.
In the event that any owner, lessee or contractor violates any provisions
of this Part or any other ordinance of the Township or Pennsylvania
law, upon five days' written notice, said owner, lessee or contractor
can be prohibited from using the Township road or roads.
[Ord. 12-10-12(C), 12/10/2012, § 108]
1.
The Township or its agents shall review the application and plans
in order to determine if the proposed construction site/driveway access
will be in conformance with this Part and other Township ordinances.
2.
If the plans meet the criteria set forth in this Part and other Township
ordinances, the authorized agents reviewing the application and plans
shall issue the permit to the owner applying for a permit within 30
working days after the review is complete.
3.
If the application and plans are found to be deficient or if in the
opinion of the Township or reviewing agent, the plans should be modified
or amended to meet the criteria as set forth, the reviewing agent
shall make such changes and return the revised plan to the Township
for review. When the plan is acceptable to the reviewing agent, the
authorized agent shall issue a permit to the owner applying for the
permit as set forth herein.
4.
If any owner disagrees with the determination of the Township or
its agent, the owner may appeal said determination to the Board of
Supervisors by giving written notice within 10 days of the Township's
or its agent's decision.
5.
Prior to any permit being issued, the owner must acquire all necessary
approvals including those of the Zoning Hearing Board, PennDOT, the
Planning Commission, Building Code Officer and any other entity that
has oversight responsibility.
[Ord. 12-10-12(C), 12/10/2012, § 109]
The Township or its agents may, at their discretion, in addition
to any inspections listed above, reinspect work authorized in the
permit at any time after the completion of the work to determine that
the owner did not exceed the scope and use of ingress and egress to
the Township road. Moreover, if the Township determines that any owner/operator
is using a Township road in any manner that is a threat to the health,
welfare and safety of the community, the Township may issue a stop-work
order for those owners/contractors who are using the Township road
in a manner that is contrary to the ordinance and other ordinances
of the Township.
[Ord. 12-10-12(C), 12/10/2012, § 110]
Nothing in this Part shall be construed to require a permit
in advance for emergency construction necessary for the safety of
the public. Any emergency construction, however, shall be made in
compliance with the specifications set forth in this Part and other
ordinances of the Township and an application for a permit and the
fees shall be submitted within five days after the completion of the
work after which time the remaining provisions of the ordinance shall
apply.
[Ord. 12-10-12(C), 12/10/2012, § 111]
Each driveway, whether or not serving the same parcel of land,
shall require an individual permit.
[Ord. 12-10-12(C), 12/10/2012, § 112]
1.
If the owner fails to rectify improper work or a defect which presents
an immediate or eminent safety or health problem within 48 hours'
notice by the Township, or any other improper work and/or defect within
10 days after written notice from the Township, the Township or its
agents may do the work and in addition to any penalty that may be
assessed under this Part, the violator shall be liable for any costs
incurred by the Township to bring the driveway into compliance plus
any costs and legal fees the same to be assessed upon the person as
a municipal lien in accordance with the applicable status, which may
be recovered by an action in the Court of Common Pleas of Tioga County.
2.
In addition to any other penalty provided for herein, any person
who shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine of up to $1,000 per violation,
each day constitutes a separate violation plus costs of prosecution
including court costs, fees and reasonable attorney fees.
3.
Each day's violation of this Part shall be considered a separate
offense under this Part.
4.
The Township may also enforce this Part through an action in equity
brought in the Court of Common Pleas of Tioga County.
[Ord. 12-10-12(C), 12/10/2012, § 113]
1.
Existing driveways that have been permitted prior to the passing
of this Part shall to the maximum amount permitted, be brought into
compliance with this Part. All driveways and access ways that did
not properly acquire a driveway permit shall apply and begin the review
process.
2.
Nothing in this Part shall be construed that any existing driveway,
permitted or not, that be deemed as unsafe, a hazard, or a jeopardy
to the safety of the public shall not be corrected. The owner of any
existing driveway deemed as unsafe, a hazard, or unpermitted, or jeopardizing
the safety of the public shall be issued a written order to cease
using the driveway unto the corrections and permit, if required, are
made.
[Ord. 12-10-12(C), 12/10/2012, § 114]
Any person who shall violate this Part shall be subject, upon
being found liable therefore, in appropriate legal enforcement proceedings,
commenced by this Township, to a penalty of not more than $500, or
the maximum amount provided by law, together with all court and related
costs, and reasonable attorney fees, incurred by this Township. Each
day that a violation shall continue shall be deemed and shall be taken
to be a separate offense and the violating party shall be liable as
such. Penalties, fines and costs imposed under provisions of this
Part shall be enforceable and recoverable in the manner at the time
provided by applicable law. In addition to said penalties, the Township
shall have the right to enforce all provisions of this Part through
the issuance of stop-work order or through a suit requesting civil
penalties and/or an injunction in the Court of Common Pleas of Tioga
County.
