Borough of Folcroft, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Folcroft 9-11-1961 by Ord. No. 432 (Ch. 21, Part 2, of the 2006 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 457.
For the purposes of this chapter, a driveway is any private lane, roadway or alley giving access to the rear or any side or part of privately owned land and the buildings thereon which is subject to an easement for the use of vehicular traffic in favor of the general public or of the owners or occupants of two or more lots of such land or buildings.
After the effective date of this chapter, all driveways shall be constructed, maintained and repaired in compliance with the provisions hereof.
A defective condition in a driveway which creates a danger to public safety or health, or to both, shall be considered a nuisance or dangerous structure within the meaning of § 1202(5), (10) of the Borough Code, 8 Pa.C.S.A. § 1202(5), (10), as amended, and the appropriate officers, employee or authorities of the Borough may issue a written order or abatement, directed to the owner, agent of the owner, or occupant of the premises; or to any or all of them stating that the conditions specified therein constitute a nuisance or a menace to public safety or health, and ordering an abatement thereof within such reasonable time and according to such minimum standards or specifications as may be specified in such order. Service of such order and notice shall be made by certified mail, return receipt requested, addressed to the owners, the agents of the owners or the occupants, except that, within the Borough, such service may be made by a constable or police officer of the Borough, who shall make due return or affidavit of service. In the case of landowners whose addresses, and the addresses of whose agents, are unknown, service shall be made by posting on the premises supported by affidavit of service.
[Amended 6-21-2017 by Ord. No. 2017-03]
The Construction Code Official or Property Maintenance Inspector may, and upon request of any appropriate officers or authority of the Borough, inspect any driveway condition reported to be defective under § 284-3 hereof and shall report to Borough Council or to such officer or authority the result of his inspection, together with specifications as to the minimum work and materials required to abate the nuisance or dangerous condition, including provisions as to grading and drainage, and such specifications shall be made part of the order of abatement and notice provided for in § 284-3 hereof. If the condition presents an immediate danger, such specifications may include temporary measures to be taken to eliminate such danger, pending the permanent abatement of the nuisance or condition, as well as the shorter period of time in which such measures shall be completed.
[Amended 6-21-2017 by Ord. No. 2017-03]
The owners and occupants of land served by or being the bed of driveways, shall keep the portion of the driveway over or adjacent to their land in a reasonable state of maintenance and repair, free from any condition contemplated by § 284-3 hereof, and on due service of any order of abatement and notice pursuant to § 284-3 shall abate the nuisance or condition within the time and according to the specifications set forth in such order and notice, to the satisfaction of the Construction Code Official or Property Maintenance Inspector and, in appropriate cases, the Borough Board of Health, in default of which the Borough, its appropriate officer or authority, may cause the same to be done and collect the cost thereof, together with a penalty of 10% of such cost, in the manner provided by law for the collection of municipal claims, or by action of assumpsit, or may seek relief by complaint in equity.
[Amended 6-21-2017 by Ord. No. 2017-03]
Construction of new driveways and resurfacing and repair of existing driveways shall be subject to the inspection and approval of the Construction Code Official for the purposes contemplated by this chapter as well as in compliance with other ordinances of the Borough and shall conform to minimum specifications provided by applicable law or ordinance. The Construction Code Official shall have authority to order in writing suspension of construction in case of noncompliance therewith, in which case, construction shall not be resumed until the Construction Code Official shall certify in writing the correction of deficiencies and his approval of such resumption. Borough Council may, upon written request, review any such order of the Construction Code Official and affirm, modify or reverse it, Council's action thereon being final.
[Amended 6-9-1969 by Ord. No. 558; 6-21-2017 by Ord. No. 2017-03]
New driveways and, to the extent feasible, existing and reconstructed driveways, shall conform to the following requirements:
A. 
Driveways serving residential properties on one side only shall be paved at least 12 feet in width.
B. 
Driveways serving residential properties on two sides or commercial or industrial properties shall be paved at least 18 feet in width.
C. 
Driveway intersections and sharp changes in alignment shall be avoided.
D. 
Where necessary, corners shall be rounded or cut back sufficiently to permit safe vehicular circulation.
E. 
No corner or curve shall have a radius of less than 25 feet.
F. 
Common driveways serving multiple dwellings shall be paved with six inches of 3,500 pound air-entrained cement concrete constructed on a compacted subbase and in compliance with approved plans and specifications. Repairing and restoring existing said common driveways shall be made with 3,500 pound cement concrete or compacted bituminous concrete as specified by the Construction Code Official.
This chapter is enacted in the interest of public safety and health under the police power of the Borough and nothing herein is intended, or is to be construed, in derogation of any right of an owner or occupant of land to seek contribution from another for the cost of repairs or improvements under existing law.
[Amended 12-10-1990 by Ord. No. 835; 11-21-2006 by Ord. No. 990]
Any owner or occupant of land who violates or fails to comply with the provisions of this chapter:
A. 
By refusing or failing to comply with an order of abatement and notice duly made and served pursuant to § 284-3 hereof, and by continuing in such violation by refusing or failing to pay in full, or to make written arrangements acceptable to Council for the payment of the cost and penalty provided for in § 284-5 hereof for more than 10 days after service upon him of a written bill for such cost and penalty.
B. 
By refusing or failing to comply with any order given pursuant to § 284-6 hereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
[Amended 12-10-1990 by Ord. No. 835; 11-21-2006 by Ord. No. 990]
Any person who willfully destroys, removes, conceals or defaces any notice posted pursuant to § 284-3 of this chapter, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.