[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Towamensing 12-15-2003 by Ord. No. 135; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Application and Permit for Driveway
A. 
This chapter shall be known as the "Lower Towamensing Township Driveway Ordinance."
B. 
This chapter shall apply to all new driveways constructed after the effective date of this chapter. The provisions of this chapter shall also apply to existing driveways that are improved or whose level of use increases (e.g., minimum use to low volume, etc.) after the effective date of this chapter. Driveway improvements subject to this chapter include relocation, widening for the purpose of adding additional lanes, and constructing, changing or modifying a driveway entrance, including paving a previously unpaved driveway entrance. Normal repairs and maintenance shall not be subject to this chapter. A valid driveway permit shall be a prerequisite for the issuance of any building permit.
A. 
A permit application shall be submitted in the name of and executed by the owner of the property. The application shall be on a form provided by the Township and shall be accompanied by the correct fee established by the Township.[1]
[1]
Editor's Note: Said application form is included as an attachment to this chapter.
B. 
A permit application shall be submitted to the Township at least 10 working days prior to the anticipated start of work.
C. 
No person, firm, corporation or other entity shall perform any construction, excavation or other work in connection with any driveway or perform any work within the Township affecting stormwater flow or discharge within the right-of-way of any street until a permit has been issued by the Township for such work.
D. 
The Township Roadmaster or Township Engineer shall review the application and either issue a permit or provide written comments as to why the permit cannot be issued under the conditions stipulated on the application for permit.
E. 
A permit application shall be valid for a twelve-month period. If the permittee has not completed all authorized work by the completion date specified on the permit, the permit shall expire. A written request may be submitted requesting a time extension before the permit expiration date. If approved, a permit supplement may be issued by the Township authorizing work to continue for an additional period, not exceeding six months.
A. 
Every driveway entrance should make adequate provisions for parallel drainage facilities. All driveways and related improvements shall be located and constructed in such a manner as to not impair drainage or normal maintenance within street rights-of-way, nor shall they alter the stability of a roadway, subgrade, or roadway embankment, change the drainage of adjacent areas, or interfere with the traveling public. Driveways shall be permitted at locations in which:
(1) 
Sight distance is adequate to safely allow each permitted movement to be made into or out of the driveway;
(2) 
The free movement or normal street traffic is not impaired;
(3) 
The driveway will not create a hazard; and
(4) 
The driveway will not create an area of undue traffic congestion on the street.
B. 
Repairs to a driveway, a driveway entrance, drain, culvert or swale shall be performed in such a manner that the repairs shall not change the original design or existing conditions unless a new design and specifications are submitted for approval and approved.
C. 
Pipes under driveways shall be sized based on the ten-year-storm event but shall not be less than 15 inches in diameter in any case.
D. 
Driveway entrances shall be located so as to provide safe access to the intersecting street. To accomplish this, Pennsylvania Code Title 67, Transportation, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, in effect as of January 1992, including any and all updates, shall be used as guide, and the requirements therein shall be followed as closely as reasonably possible, subject to the review of the Roadmaster or Township Engineer. If the minimum required safe sight distance cannot be achieved, the driveway(s) shall be so located on the property to maximize sight distance to the maximum degree feasible. Other remedies as set forth in 67 Pa. Code § 441.8(h)(3), as amended, may be required of the applicant in order to permit the driveway.
E. 
See additional requirements in Chapter 390, Subdivision and Land Development, § 390-52, and Chapter 450, Zoning, § 450-99.
A. 
All driveways and adjacent areas within the street right-of-way shall be continuously maintained by the property owner so as to conform to the permit and not to interfere or be inconsistent with the design, maintenance, and drainage of the street or the safe and convenient passage of traffic upon the street.
B. 
Snow or ice from any driveway or area outside the right-of-way may not be deposited within the street right-of-way.
Where, owing to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, the Board of Supervisors may allow reasonable modifications and waivers. Proof of unnecessary hardship must be presented to the Board of Supervisors by the applicant, and the Board of Supervisors shall review the applicant's request. The request for modification or waiver shall be reviewed at a public hearing of the Board of Supervisors, who shall make findings of fact consistent with the goals and the intent of this chapter. If a modification or waiver is granted, the Board of Supervisors may require the applicant to execute an indemnity agreement suitable to the Township. A written summary of any modification or waiver shall be appended to the record plan if a subdivision is being planned.
A. 
The Township Roadmaster or Township Engineer shall inspect each driveway being constructed pursuant to the issuance of a permit to determine whether it is being or has been constructed in accordance with the permit. The permittee shall contact the Roadmaster or Township Engineer to request an inspection at least three days prior to completion of the work.
B. 
Upon satisfactory completion of the work, the Township Roadmaster or Township Engineer shall sign the permit indicating approval of the driveway as constructed or reconstructed. The permittee will be charged for all expenses incurred by the Township related to the issuance of the permit. A fee schedule shall be established by a resolution adopted by the Township Supervisors.
A. 
In case any person shall construct a driveway and shall not conform to the requirements of this chapter, the Township may order such person to remove the improper work and replace same in compliance with this chapter. Notice to remove and replace improper work shall be given by certified mail and shall state that compliance shall be made within 30 days from receipt of the notice.
B. 
If there is any damage or disturbance to the street or appurtenances caused by the construction of the driveway, the property owner shall have the responsibility to make all temporary and permanent repairs necessary for restoration to the previous condition.
Any person who violates or permits a violation of this chapter 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 chapter that is violated shall also constitute a separate offense.
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such findings shall not affect or impair any of the remaining sections, sentences, clauses, or parts of this chapter. It is hereby declared as the intent of the Township that this chapter would have been adopted had all unconstitutional, illegal or invalid sentences, clauses, sections or parts hereof not been included therein.