[Ord. No. 2018-2286, 4/10/2018]
1. The construction, reconstruction or repair of entrances within the
Borough of Phoenixville shall conform with the requirements set forth
in this Part.
2. In all other respects, the construction, reconstruction or repair
of entrances within the Borough of Phoenixville shall conform to all
other general ordinances of the Borough of Phoenixville.
[Ord. No. 2018-2286, 4/10/2018]
1. Permit Required.
A. No private or public entrance to or from any streets or alleys of
the Borough of Phoenixville may be constructed without a permit being
first obtained from the Borough Manager of the Borough of Phoenixville.
B. The only exception(s) to this requirement shall be the following:
(1)
Private Streets (or Alleys). For entrances to or from a private
street or alley, a permit is not required from the Borough of Phoenixville.
However, if the entrance is not being constructed by the owner of
the private street or their agent, then written authorization shall
be obtained from the owner of the private street.
(2)
State Routes. For entrances to or from a state route, a permit
is not required from the Borough of Phoenixville. However, any entrance
construction to or from a state route shall be subject to authorization
by the Commonwealth of Pennsylvania Department of Transportation.
(3)
Land Development. For entrances that are part of a land development
plan duly approved by the Borough of Phoenixville, a permit is not
required from the Borough of Phoenixville.
2. Permit Application.
A. Applications for permits shall be prepared, in writing, using a blank
form furnished for that purpose by the Borough of Phoenixville and
shall contain the following minimum information: the purpose for which
the said entrance is to be constructed, the location of the proposed
entrance, the proposed use of the private or public entrance, the
presence of any pedestrian routes, the width of the proposed entrance,
the distance thereof from the nearest intersecting curblines of any
streets or alleys and the dates when the proposed work will occur.
B. Permit Fees. All applicants for permits to construct a private or
public entrance shall pay, before the issuance of said permit, such
application fees as may be set by the Master Fee Schedule of the Borough
of Phoenixville. Permit application fees paid to the Borough of Phoenixville
shall be nonrefundable.
3. Issuance of Permit; Denial; Appeal.
A. Within 30 days after receipt of such application for construction
of a public or private entrance, the Borough Manager shall either
approve the same and issue a permit therefor, provided that the proposed
construction conforms with the laws of the Borough, or if the proposed
construction does not conform with the laws of the Borough or if upon
reasonable investigation and knowledge of fact the Borough Manager
determines that the proposed construction would constitute a traffic
hazard or a hazard to the safety of pedestrians, the application shall
be denied by notice, in writing, setting forth therein the reasons
for denial.
B. Upon receipt of notice denying the issuance of a permit, any property
owner or person adversely affected may appeal the Borough Manager's
decision within 30 days by written application to the Borough Council,
shall make inquiry into the causes for denial, shall afford all parties
an opportunity to be heard and shall subpoena witnesses and administer
oaths. Said hearing shall be held not later than 30 days after the
receipt of the application of appeal, and the Committee's decision
shall be rendered not later than 30 days thereafter, which decision
shall be final. Any person aggrieved by the decision of the Committee
shall have the right of appeal to the Court of Common Pleas as in
other cases provided.
[Ord. No. 2018-2286, 4/10/2018]
1. Location. No entrance intended to serve residential, commercial or
other uses shall be less than 20 feet from any intersecting curblines
of any streets, alleys or other entrances.
2. Width.
A. No entrance intended to serve a single-family residential use shall
be greater than 20 feet in width.
B. No entrance intended to serve multifamily residential, commercial
or other public uses shall be greater than 30 feet in width unless,
in the judgment of the Borough Engineer, a width greater than 30 feet
is needed to properly facilitate the intended use or emergency vehicle
access, in which case only the minimum necessary additional width
shall be permitted.
3. Construction.
A. Any entrance intended to serve a single-family residential use shall
be constructed with concrete driveway aprons, except where other driveway
types are authorized in advance by the Borough Engineer.
B. Any entrance intended to serve multifamily residential, commercial
or other public uses shall be constructed with concrete driveway aprons
or bituminous concrete paving.
C. Wherever an entrance intersects with a pedestrian access route, the
driveway shall be constructed to maintain the pedestrian access route
across its width.
D. Entrances intended for multifamily residential, commercial or other
public uses shall be constructed with curb ramps at intersections
with the pedestrian access route.
4. Signage and Striping.
A. Any entrance intended for multifamily residential, commercial or
other public uses shall be constructed with stop bar striping, 24
inches wide, and a stop sign.
B. Entrances intended for multifamily residential, commercial or other
public uses shall be constructed with marked crosswalks.
C. All signage and striping shall be furnished and installed in accordance
with the following standards:
(1)
Manual on Uniform Traffic Control Devices (MUTCD).
(2)
Commonwealth of Pennsylvania Department of Transportation Publication
No. 111 "Traffic Control - Pavement Markings and Signing Standards."
5. Standards for Entrance Construction.
A. All entrances within the Borough of Phoenixville shall be designed
and constructed in accordance with the following standards:
(1)
Borough Standard Construction Details.
(2)
Commonwealth of Pennsylvania Department of Transportation Publication
No. 72M, "Standards for Roadway Construction."
(3)
Commonwealth of Pennsylvania Department of Transportation Publication
No. 408, "Specifications."
6. Inspections.
A. The applicant shall notify the Borough Manager at least 24 hours
prior to beginning work. The Borough Manager or their designee shall
have the right to inspect any portion of the work associated with
openings or excavations in any street, lane or alley within the Borough
of Phoenixville.
B. Completion of work must be reported to the Borough Manager or their
designee within 24 hours thereof. The Borough Manager or their designee
shall conduct an inspection of the completed work and, if the work
is satisfactory, shall issue a certification of completion attesting
to the same. If the work is determined not to be satisfactory, then
the applicant will be required to address any deficiencies prior to
issuance of a certificate of completion or any release of escrow or
other form of security held by the Borough of Phoenixville for the
work.
[Ord. No. 2018-2286, 4/10/2018]
1. Any person, firm or corporation who or which shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and costs of prosecution, or, in default
of payment of such fine and costs, to undergo a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
2. In addition to the above penalty the Borough may proceed in manner
and form provided by law to abate any construction or proposed construction
in violation of the tests of this Part as a public nuisance.