[HISTORY: Adopted by the Board of Supervisors of the Township
of Lancaster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-4-1974 by Ord.
No. 25]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In accordance with the provisions of 53 P.S. § 67322
of the Second Class Township Code, as amended, no railroad or street
railway shall hereafter be constructed upon any Township road, nor
shall any railroad or street railway crossings, nor any gas pipe,
water pipe, electric conduits, or other piping be laid upon or in,
nor shall any telephone, telegraph, or electric-light or power poles,
or any coal tipples or any other obstructions be erected upon or in
any portion of a Township road except under such conditions, restrictions
and regulations relating to the installation and maintenance thereof,
as may be prescribed in permits granted by the Township for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The application for a permit shall be on a form prescribed by
the Township and submitted to the Township in duplicate. The application
shall be accompanied by a fee in accordance with the schedule of fees
set forth by the Department of Transportation for highway occupancy
permits and restoration charges. In addition, the applicant shall
submit three copies of a sketch showing such dimensions as the location
of the intended facility, width of the traveled roadway, right-of-way
lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed.
Upon completion of the work, the applicant shall give written
notice thereof to the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon completion of the work authorized by the permit, the Township
shall inspect the work and, when necessary, enforce compliance with
the conditions, restrictions and regulations prescribed by the permit.
In addition to that inspection, the Township may reinspect the work
not more than two years after its completion, and if any settlement
of the road surface or other defect appears in the work contrary to
the conditions, restrictions and regulations of the Township, the
Board of Supervisors may enforce compliance therewith. If the applicant
shall fail to rectify a defect which presents an immediate or imminent
safety or health problem within 48 hours or any other defect within
60 days of written notice from the Township to do so, the Township
may cause the work to be performed and impose upon the applicant the
cost thereof, together with an additional 20% of such cost, to offset
administrative costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm, corporation or utility who or which violates
or permits a violation of this article shall, upon conviction in a
summary proceeding brought before a Magisterial District Judge under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense.
[Adopted 7-1-2009 by Ord.
No. 90]
This article shall be known and may be referred to as the "Lancaster
Township Driveway Permit Ordinance."
The purpose and the legislative intention of the Board of Supervisors
("Board") in enacting this article are as follows:
A.
The Township has suffered damage to its roads/streets and rights-of-way
as a result of improper design, construction, repair, and maintenance
of driveways and related drainage facilities and structures in the
Township's right-of-way.
B.
The Township deems it necessary for the proper management, maintenance,
and control of its public road/street system to regulate the connection
of driveways to Township roads/streets and the construction of related
drainage facilities and structures in the Township's rights-of-way.
C.
The Township deems it to be in the public interest to regulate the
location, design, and construction of driveways and related drainage
facilities and structures in the Township's rights-of-way for
the purpose of security, economy of maintenance, preservation of proper
drainage, and safe and reasonable access.
For the purposes of this article, the following terms shall
be defined as follows:
The Board of Supervisors of Lancaster Township, Butler County,
Pennsylvania.
The person or business entity installing a driveway or drainage
facility or structure in the Township's right-of-way, including
all agents, subcontractors, officers, or employees of that person
or business entity.
A residential or other driveway within the Township's
right-of-way which is used by not more than 25 vehicles per day (i.e.,
50 ADT, average daily traffic).
The owner of the land upon which the driveway or related
drainage facility or structure is located.
Pennsylvania Department of Transportation.
A driveway permit issued by the Township pursuant to this
article.
Any natural person, firm, partnership, corporation, entity,
association or other group of persons.
Any road, street, alley, bridge, or public thoroughfare,
including the entire area between right-of-way lines, either presently
maintained by Lancaster Township or dedicated by the developer for
public use as shown on a subdivision or land development plan.
The area which has been maintained or acquired by or dedicated
to the Township for road/street purposes.
Lancaster Township, Butler County, Pennsylvania, or its duly
appointed representative.
A.
No driveway or related drainage facility or structure shall be constructed
or altered within the Township's rights-of-way without first
obtaining a permit from the Township.
B.
Each driveway and/or related drainage facility or structure shall
require an individual permit.
C.
A permit is not normally required for driveway and/or drainage facility
and structure maintenance and repair when such maintenance or repair
is conducted completely outside the Township's right-of-way.
A.
Driveway permit applications shall be submitted to the Township at
least 30 days prior to the construction of any driveway and/or any
related drainage facility or structure within the Township's
rights-of-way, or no later that concurrent with the building permit
application for the construction of any building or structure which
the proposed driveway and/or drainage facility or structure will serve.
B.
Permit applications shall be submitted in the name of and signed
by the owner of the property or an individual with an acceptable equitable
interest in the property.
C.
Permit applications shall be submitted in person or by mail to the
Township on a form provided by the Township.
D.
Permit applications shall be accompanied by such permit issuance
fees and general inspection fees as determined by resolution from
time to time by the Board. Issuance fees are used to defray costs
incurred by the Township in reviewing and processing the application
and plan(s), including the preliminary review of the site location
identified in the application, and issuing and processing the permit.
General inspection fees are used to defray costs incurred by the Township
in spot inspection(s) during the progress of the work and after it
has been completed to ensure compliance with the permit and these
regulations.
E.
Permit applications shall also be accompanied by such performance
bonds, certificates of insurance, and/or blasting bonds, as the Township
deems appropriate, in amounts determined by the Township and in forms
acceptable to the Township.
F.
Permit applications shall contain, at a minimum, the following information:
(1)
Tax Map and parcel number of the property on which the project is
proposed.
(2)
Name, address, and telephone and fax numbers of the applicant.
(3)
Name, address, and telephone and fax numbers of the contractor performing
the work.
(4)
Date work is scheduled to begin.
(5)
Date work is scheduled to be completed.
(6)
For nonresidential driveways, the volume of traffic expected, and
the types of vehicles using the driveway.
(7)
Drawing or sketch plan of the proposed driveway which, at a minimum,
shall indicate:
(a)
Geometric information, such as width, radius, dimensions, and
location of the public road and right-of-way, and slope, grades, and
length of the driveway to residence or building, and distance to property
lines and nearest driveway(s) and intersection(s). In conjunction
with submission of the application, the applicant shall place stakes
outlining the connection at the desired location, the location of
which shall coincide with the submitted sketch.
(b)
Safe sight distances shall be indicated on the sketch as obtained
from actual field measurement. Sight distances shall be measured in
accordance with PennDOT requirements for driveways at a speed of 35
mph, unless otherwise posted at a higher speed limit.
(c)
Drainage culvert (if applicable) or swale, including related
grades, as may be required. The determination for installation of
a culvert pipe or swale shall be made by the Township following the
Township's initial review of the application. The application
must also include a long-term drainage and erosion control plan which
shall specify provisions for roadside drainage and control and mitigation
of surface water runoff created by installation or improvement of
the driveway.
(8)
Driveway profile.
(9)
Narrative describing the purpose and scope of the proposed drainage
project, including but not limited to the size and depth of the project.
(10)
Drawing or sketch plan detailing the construction of the proposed
drainage facilities or structures with respect to the public roads/streets.
(11)
Date the application is signed by the applicant.
(12)
Such other information, diagrams, sketches, forms, and plans
as the Township may deem necessary.
G.
Driveways and drainage projects shall be permitted where the Township
determines that:
(1)
The driveway or drainage facility or structure will not cause damage
to a public road/street.
(2)
Sight distances are adequate to safely allow each permitted movement
to be made into or out of the driveway;
(3)
The driveway or drainage facility or structure will not create hazards
caused by stormwater runoff;
(4)
The free movement of normal traffic on the public road/street is
not impaired;
(5)
The driveway or drainage facility or structure will not create a
traffic hazard; and
(6)
The driveway or drainage facility or structure will not create an
area of undue traffic congestion on the public road/street.
H.
Following the initial review of the application, the Township may
determine that a stormwater management plan is required, in which
case, the owner shall submit and obtain approval of a stormwater management
plan from the Board prior to the issuance of the driveway permit.[1]
I.
If the application or plan is found to be deficient, or in the opinion
of the Township the plan should be revised in order to meet the criteria
above, the Township shall notify the owner of the deficiencies or
changes to be made.
J.
Once the Township determines that the revised application and/or
plan meets the criteria above, the permit shall be issued.
K.
Driveway permits shall apply only to the work specified in the application,
expire on the date and time specified, and may contain such conditions
or limitations as the Township deems necessary for the protection
of persons and property. If all authorized work is not completed by
the specified completion date, the owner may submit a written request
for an extension of time. If granted by the Board, the extension may
authorize work to continue for up to an additional six months.
L.
Driveway permits may not be transferred or assigned without the prior
approval of the Township.
M.
Revocation. In the event of failure or neglect by the owner to perform
and comply with the requirements of the permit, the Township may immediately
revoke and annul the permit and order and direct the owner to remove
any or all structures, equipment or property belonging to the owner
and/or contractors from the legal limits of the right-of-way and to
restore the right-of-way to its former condition.
All driveways and related drainage projects shall be designed
to meet the following requirements:
A.
Sight distance. Measurement of sight distance from a vehicle turning
from a driveway shall be such that the position of the driver is taken
to be 10 feet from the edge of the traveled roadway at the center
line of such driveway; the driver eye height is to be 3.5 feet; the
vehicle height on traveled roadway is to be 4.25 feet. Adequate sight
distance is to be provided to the right and to the left of the driveway.
B.
Normally, only one driveway will be permitted per lot/parcel.
C.
Driveways shall not be located within 40 feet of the right-of-way
line of an intersecting street.
D.
Driveways shall not be located within five feet of a fire hydrant,
catch basin, or drain inlet.
E.
Driveways shall not exceed a slope of 7% within 15 feet of the street
right-of-way line.
F.
Driveways shall not be located within six feet of a property line.
[Amended 19-2-2015 by Ord. No. 105]
G.
Driveways shall not be permitted at locations that would interfere
with the placement, functioning, or maintenance of street signs, detectors,
lighting, or other devices that affect traffic control.
H.
Driveways on property which abuts two or more roads or streets may
be restricted to only that road or street which can more safely accommodate
its traffic.
I.
The installation of related drainage pipes and culverts and/or the
construction of drainage swales shall meet Township specifications.
J.
Driveways shall not alter the existing drainage pattern or the existing
flow rate or velocity of drainage water.
K.
Driveways shall not direct additional drainage of surface water onto
or into the road/street or Township's right-of-way in any way
which would have a detrimental effect on the road/street or right-of-way.
L.
Paving to limits. All driveways which have access onto a paved public
road/street are required to be paved with gravel or asphalt from the
edge of the existing public road to the right-of-way limit.
M.
The installation and/or construction of all residential driveways
shall also meet the Township specifications set forth in Exhibit A,
Residential Driveway Detail Located in Developments, and Exhibit B,
Residential Driveway Detail Located in Rural Areas, attached hereto,
and which are hereby adopted by reference and declared to be a part
of this article.[1]
[1]
Editor's Note: Exhibits A and B are included as attachments
to this chapter.
A.
The Township may inspect the driveway or drainage project at any
time during construction and after completion.
B.
The owner shall notify the Township, in writing, when the construction
of a driveway or drainage project is completed and the site is ready
for final inspection by the Township.
C.
In the event settling or other defects are identified in the driveway
or drainage project, the Township may require the owner to institute
corrective measures.
D.
If the owner fails to rectify a defect which presents an immediate
or imminent safety or health problem within 48 hours or any other
defect within 60 days after written notice from the Township to do
so, the Township may do the work and impose upon the owner the cost
thereof, together with an additional 20% of the costs, which may be
recovered by the Township.
A.
The owner and/or contractor shall restore all disturbed portions
of the road/street and right-of-way including slopes, and all appurtenances
and structures such as guide rails or drainpipes, to a condition at
least equal to that which existed before the start of any work authorized
by the permit.
B.
The owner and/or contractor shall be responsible for any and all
damage to any portion of the Township road/street or right-of-way
caused by any construction, maintenance, or repair activity at the
site.
C.
The owner shall be responsible for long-term maintenance and repair
of the driveway connection and related drainage and stormwater management
facilities and structures.
D.
In the event excess stormwater runoff or sediment is diverted onto
the road/street, the owner will be given notice and required to make
necessary corrections to bring the driveway and drainage into compliance.
E.
In the event the driveway culvert pipe becomes blocked, crushed,
or damaged, the owner shall clean, repair, or replace the pipe at
the owner's expense.
F.
The owner shall be responsible for any and all damage to any portion
of the Township road/street or right-of-way caused by water or sediment
runoff from the lot/parcel.
G.
If the owner fails to take timely corrective action, the Township
reserves the right to make the repairs or contract with a third party
to perform the needed repairs at the owner's expense.
Permits for driveways or drainage projects accessing a state
highway shall be obtained from PennDOT. A separate driveway permit
from the Township is not required for access to a state highway.
Any owner or contractor who violates any provision of this article
shall, upon being found liable therefore in a civil enforcement proceeding,
pay a fine not to exceed $600 per violation, including additional
daily penalties for continuing violations, plus all court costs and
reasonable attorney's fees incurred by the Township. Each day
of violation shall constitute a separate offense and be subject to
the penalty set forth herein.
A.
If any sentence, clause, phrase, or section of this article is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, phrases,
sections, or parts of this article.
B.
It is hereby declared as the intention of the Board of Supervisors
that this article would have been adopted had such unconstitutional,
illegal, or invalid sentence, clause, phrase, section, or part thereof
not been included therein.
