[Ord. 2017-01, 1/12/2017]
As used in this Part, the following terms shall have the meanings
indicated:
The defined lanes(s) used by a vehicle, not including any
shoulder.
Lebanon County, Pennsylvania.
A vehicular access to any residential dwelling unit or to
or from any other property onto a public road or private road.
A single home, half of a duplex dwelling, a single apartment
unit, a single townhouse unit, etc., used by a single family, or any
multifamily residential dwelling, including, but not limited to, apartments,
townhouses, and condominiums.
Any land and vehicular access that predates this Part, adopted
on December 2, 2010, that provides access to a residence that has
been occupied within the last 365 days and serves an existing occupied
residence as of the date of this Part, adopted on December 2, 2010.
The Commonwealth of Pennsylvania.
Swatara Township, Lebanon County, Pennsylvania.
The radius of the edge of the driveway at the intersection
with a public street or private street at the intersection with a
street.
[Ord. 2017-01, 1/12/2017]
1.
The following technical requirements shall apply to driveways constructed
pursuant to permits issued in accordance with the provisions of this
Part:
A.
A stake shall be placed on the property, within 15 feet of the public
street cartway, designating the center-line location of each proposed
driveway on the property. The stake shall be located at a point within
the property limits which provides at least the minimum site distance
as set out in Exhibit B, the site distance determination required
by this Part.
B.
Each driveway serving a residential property shall have a minimum
ten-foot-wide cartway and a maximum twenty-foot-wide cartway at the
entrance to a public or private street, excluding any turnout radii.
Driveways serving nonresidential properties shall be appropriately
sized to accommodate the largest vehicle anticipated to require access.
C.
The turnout radii for any driveway shall be a minimum of three feet.
D.
Each driveway shall have a paved entrance for a minimum of 15 feet
from the edge of the adjoining public or private street cartway. The
difference between the cross slope of the roadway and the upward grade
of the driveway approach shall not exceed 8%. The paved entrance shall
have a minimum base of four inches of crushed stone aggregate and
a minimum thickness of two inches of bituminous pavement or four inches
of concrete reinforced with welded wire fabric. That portion of the
driveway beyond the portion required to be paved as described above
may be paved as described above or shall have a minimum of four inches
of crushed stone aggregate.
E.
Each driveway with any portion of grade of 10% or greater shall be
paved in its entirety unless otherwise approved by the Township Road
Master, or designated agent.
F.
Steep slopes (a slope with a grade of 10% or more) shall be traversed
diagonally to minimize grades. Driveway grades shall not exceed 15%
at any point.
G.
Each driveway shall be set back from the boundary line with any neighboring
property a minimum of three feet.
H.
Each residential driveway shall provide an off-street turnaround
area with a minimum width of 10 feet and a minimum length of 20 feet,
unless the Board of Supervisors approves a waiver of this requirement.
I.
No driveway shall interfere with the design, maintenance, and normal
traffic movement of any street, nor shall any driveway be located
so that it would interfere with the placement and/or proper functioning
of street signs, signals, detectors, lighting, or any other device
that affects traffic control.
J.
No driveway shall be located, designed, constructed, and/or maintained
in such a manner as to interfere with the proper function of any drainage
system.
K.
Each driveway entrance must be constructed to allow for proper drainage
and the continuation of any existing shoulder configuration and roadside
swales.
M.
Stormwater runoff from any driveway shall be collected and/or dispersed
in a manner in accordance with the Swatara Township Subdivision and
Land Development Ordinance and shall not be discharged into the street
cartway, nor shall silt, mud, or loose stones be washed onto the street
cartway or the shoulder.
N.
Where a public or private street has a vertical curb, each driveway
entrance shall be installed 1 1/2 inches above the adjacent street
or gutter grade to maintain proper street gutter drainage.
O.
The Township may require a driveway to be located directly across
the street from an existing public or private street or driveway where
the Township determines it is necessary or advisable for public safety
purposes.
P.
Driveway entrances shall be positioned at right angles, that is 90°,
to the public or private street, or as near thereto as site conditions
permit, for a minimum of 15 feet from the edge of the street right-of-way.
Q.
The distance between the edges of the public or private street cartway
of an adjoining street intersection to the edge of a driveway shall
be no less than 40 feet.
R.
Multiple driveways serving the same property must be separated by
a minimum distance of 20 feet, measured along the shoulder, curbline,
or edge of the public or private street cartway, from edge of driveway
to edge of driveway.
S.
Each driveway shall be located within a property at a point which
provides at least the minimum sight distance in accordance with the
standards set forth in Pennsylvania Department of Transportation Formula
Sight Distance Table and Standards.
T.
The Township will verify sight distance. If sight distance requirements,
as required by this Part, cannot be met, the Township may, after public
notice and hearing:
(1)
Prohibit left turns by exiting vehicles;
(2)
Restrict turning movements to right turns in and out of a driveway;
(3)
Require installation of a right-turn acceleration lane or deceleration
lane;
(4)
Require installation of a separate left-turn standby lane;
(5)
Alter the horizontal or vertical geometry of the roadway; or
(6)
Deny access to the highway.
U.
The slope of any embankment related to a driveway within the public
or private street right-of-way shall not be steeper than three to
one.
V.
Where premises are served by more than one public or private street
of differing classifications, access for a driveway shall be provided
to the street of lesser classification.
W.
Shared driveways are prohibited.
X.
Each driveway located in a subdivision shall have a four-inch-diameter
rigid conduit installed under the driveway within the public or private
street right-of-way to provide for the installation of streetlight
electric cables, television cables, gas lines, etc.
Y.
A waiver of the technical requirements of this Part and the granting
of a variance from this Part shall be as follows:
(1)
If any technical requirement set forth in this Part cannot be
met, the Township may, after public notice and hearing, waive the
requirement and grant a variance if the following conditions are satisfied:
(a)
No other reasonable access is available;
(b)
The applicant has done all that can reasonably be done to satisfy
the design requirements;
(c)
If additional land is required, the applicant provides satisfactory
evidence that it cannot be purchased at a reasonable price;
(d)
No traffic problem will be created; and
(e)
The applicant executes an indemnity agreement satisfactory to
the Township and its Solicitor.
Z.
If equipment utilized for a driveway damages the public or private
roadway, its shoulders, or any pavement, then such public or private
roadway, its shoulders, or any pavement shall be restored to their
former condition at the expense of the owner of the property.
AA.
A waiver of the design requirements of this Part and the granting
of a variance from this Part may also occur where, in the opinion
of the Township Supervisors, after public notice and hearing, special
conditions exist which make it appropriate to approve a driveway with
special limitations. Such a grant shall be solely in the discretion
of the Township Supervisors and may require any reasonable condition
determined appropriate by the Township Supervisors.
[Ord. 2017-01, 1/12/2017]
1.
The following general requirements shall apply to any application
to construct a driveway and any permit issued related thereto:
A.
No driveway shall be constructed or altered within a Township street
right-of-way or to be used for access to a private street without
first obtaining a permit from the Township.
B.
Permit applications shall be submitted in the name of and be executed
by the owner of the property.
C.
Permit applications shall be submitted to the Township Secretary
on forms available from the Township Secretary. Accompanying the application
shall be a subdivision plan, land development plan, or sketch of the
property, showing the proposed driveway, existing and/or proposed
buildings, existing and/or proposed parking areas, and turnaround
areas, property lines, and dimensions for the construction.
D.
Permit applications shall be submitted prior to any construction
of any building which the proposed driveway will serve to assure that
the driveway can be constructed in accordance with this Part.
E.
Permit applications shall be submitted in person or by mail to the
Township Secretary, shall be signed by the applicant, shall be accompanied
by a check or money order payable to Swatara Township in the amount
set forth by the Township Board of Supervisors in resolutions determining
issuance fees and inspection fees, shall contain proof of ownership,
and shall be submitted to the Township prior to the anticipated start
of work. The Township shall have 20 days from the proper submittal
of the permit application to issue said driveway permit.
F.
Issuance fees shall be used to defray costs incurred by the Township
in reviewing and processing the application and plan, including the
preliminary review of the site location and determination of sight
distances, and shall be determined by the Township Board of Supervisors
in a resolution.
G.
Inspection fees shall be used to defray costs incurred by the Township
in spot inspections of permitted work or subsequent inspection after
the permitted work has been completed, to insure compliance with the
permit and this Part, which fees shall be in amounts as determined
by the Township Board of Supervisors in a resolution.
H.
Upon complete application duly made, if permissible in accordance
with this Part, a permit will be issued by the Township, subject to
this Part and the conditions contained on the permit, its attachments
and supplements, including a copy of the application. The permit will
be the authority of the applicant to proceed with the work.
I.
Permits will be issued only to the owner of the property. Permits
will not be issued to contractors of the property owner, nor to any
person other than the property owner.
J.
A permit shall be valid for a six-month period. If the required work
is not completed within said six-month period, a written request shall
be submitted requesting a time extension, together with the required
fee.
K.
When all permitted work has been completed, the property owner shall
notify the Township, in writing.
L.
Any property owner who receives a Pennsylvania Department of Transportation
highway occupancy or driveway permit shall provide a copy of such
permit to the Township in lieu of submitting a driveway permit application.
M.
Each subdivision plan and land development plan approved by the Township
Board of Supervisors shall include, prior to approval, proposed driveway
locations, and the bonding requirement for each subdivision plan or
land development plan shall include bonding in the amount of 110%
of the cost required for the construction of each proposed driveway,
which bonding shall be provided as a part of, and at the same time
as, all other bonding required by any applicable subdivision and land
development ordinances.
[Ord. 2017-01, 1/12/2017]
1.
This Part shall be enforced by the Swatara Township Code Enforcement
Officer or by any other person designated, subsequent to the enactment
of this Part, by resolution adopted in public session by the Swatara
Township Board of Supervisors.
2.
The Code Enforcement Officer is authorized to perform all duties
necessary and appropriate to be performed in the view of Swatara Township
related to this Part, including, but not necessarily limited to, confirming
all technical and general requirements are met, making all inspections
related thereto, and enforcement of violations and penalties.
[Ord. 2017-01, 1/12/2017]
1.
Civil Enforcement and General Rule. Any violation of this Part or
the permit requirements shall constitute grounds for imposition of
any or all of the following penalties:
A.
Upon receipt of oral or written notice of any violation from the
Township, the permittee shall cease to perform any further work in
the permitted area except to restore the area to a safe condition.
No further work shall commence in the permitted area until the violation
has been remedied. Where the permittee has received oral notice of
the violation, written notice shall be sent to the permittee within
10 days of receipt of the oral notice.
B.
Any authorized Township representative may confiscate the applicant's
permit.
C.
The Township may revoke the applicant's permit.
D.
The Township may block driveways or sever, remove, or block drainage
facilities constructed without a permit or in violation of this Part.
E.
The Township may give notice to remove the improper work and replace
the improper work, by registered and certified mail, stating the permittee
shall have 10 days from receipt of the notice to comply, and upon
noncompliance, the Township may do or cause to be done the correction
of the work, drawing down against bonding provided for the driveway
and levying any remaining costs of this work against the permittee
as a property lien to be collected in any manner provided by law.
F.
Such other action as may be deemed necessary or proper after consultation
with the Township Solicitor.
2.
Additional Grounds for Revocation of Permit.
A.
The Township may, after public notice and hearing, revoke a permit
whenever it determines that the driveway constitutes a hazard to traffic
or interferes with the proper use of the street by the public.
B.
The Township may, without hearing, revoke a permit for any misrepresentations
on the permit application or for nonpayment of any fee required under
this Part or any resolution adopted by the Township Board of Supervisors,
including default of any check submitted for such payment.
3.
Civil Enforcement Procedure. Prior to revocation or other civil enforcement
of any permit (except for nonpayment as specified in Subsection 2B
of this section), the applicant shall be given notice and an opportunity
for a hearing before the Township Board of Supervisors in accordance
with the provisions of the Local Agency Law (2 Pa.C.S.A. §§ 551-555)
and shall have a further right of appeal as set forth in 2 Pa.C.S.A.
§§ 751-754.
4.
Additional Civil Enforcement, Criminal Enforcement, and Fines. Any
person who violates any provision of this Part shall be subject to
civil enforcement and a fine not to exceed $1,000 per violation and/or
criminal enforcement, as a summary offense, with a criminal fine not
to exceed $1,000 together with costs of prosecution, including attorneys'
fees, and imprisonment not to exceed 90 days. Each day that a violation
of this Part continues to exist shall constitute a separate offense.
Such civil enforcement, criminal enforcement, and fines shall be in
accordance with the provisions of 53 P.S. § 66601, as amended.
