Township of Newlin, PA Chapter 67 Driveways

[HISTORY: Adopted by the Board of Supervisors of Newlin Township 10-27-1986 by Ord. No. 30-1986; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]

§ 67-1 Short title.

This chapter shall be known as the "Newlin Township Driveway Ordinance of 1986."

§ 67-2 Repealer; inconsistent provisions.

Any ordinances inconsistent herewith are hereby repealed and any ordinances that are similar hereto shall be read in conjunction with the requirements of this chapter; the ordinance requiring the more strict compliance shall prevail to the extent of any inconsistency.

§ 67-3 Purpose.

The purpose of this chapter is to regulate driveway construction so as to provide safe access to Township and state roads, private roads, to eliminate problems of stormwater runoff, and to assure sufficient area for and access to off-street parking.

§ 67-4 Applicability and definitions.

A. This chapter shall apply to all driveways constructed in the Township.

B. As used in this chapter, the following terms shall have the meanings indicated:

ALTERATION

Any change in grade or profile, width or change in use of the land serviced by a driveway, or location of a driveway within the ultimate street right-of-way (as specified by Chapter 185, Subdivision and Land Development of the Code of Newlin Township) and 25 feet beyond that point. This definition is not intended to include overlay or reconstruction of the existing driveway unless changes as noted are made.

DRIVEWAY

A private vehicular access from a private or public street to an individual dwelling unit or to a nonresidential single-use property. The beginning of the driveway shall be measured from the center line of the intersecting street.

§ 67-5 Permit

A. Any person, partnership or corporation who shall construct or alter a driveway shall first make application to the Building Inspector or other designated official of the Township, present plans and obtain a permit for said construction.

B. No building permit will be issued without first obtaining a permit to construct a driveway.

C. Fees for driveway permits shall be as set by the Board of Supervisors from time to time by resolution.

§ 67-6 Plans.

A plan shall be submitted with each application, which shall include at least the following:

A. Site plan of driveway and the area 25 feet to each side of the driveway center line.

B. Adjacent driveways or streets within 100 feet of the driveway entrance.

C. Profile of the driveway with existing and proposed grading within the area of the site plan and the 50 feet stretch of existing or proposed public road as defined in Subsection A above.

§ 67-7 Standards.

A. All driveways shall contain a straight length of at least 25 feet, measured from the edge of the street and extending inside the lot. The full length of this twenty-five-foot segment shall be paved with a base of Pennsylvania 3A stone compacted to four inches and a surface of a minimum of 1 1/2 ID-2A bituminous concrete. All driveways shall be paved for those portions exceeding grades of 8%. The remainder of the driveway may be constructed of any suitable stone, pavement, or all-weather surface.

B. The first 25 feet of any driveway shall have a grade of 5% or less. In no case shall the grade exceed 15% beyond the first 25 feet.

C. A minimum of one parking space, within the first 25 feet, but off the paved cartway shall be provided where the grade of the driveway at any point exceeds 8%.

D. Driveways to single-family residences shall intersect streets at angles of no less than 60°. All other driveways shall intersect streets at right angles, where practicable, and in no case less than 75°. (The angle of intersection is the acute angle made by the intersection of the center line of the driveway with the center line of the road.)

E. The width of a single-dwelling driveway within the legal right-of-way of the public road or when carried by a bridge shall be a minimum of 12 feet; it shall be a minimum of 10 feet at all other points within the property line.

F. No driveway shall be located less than 15 feet from any adjoining lot, except where a drive meets a roadway or in cases where a shared driveway is utilized.

G. Where the Township declares it feasible, a shared driveway is permissible. A shared driveway must continue as a shared driveway for a minimum of 25 feet from the cartway. The width of the shared driveway shall be minimum of 16 feet, but no wider than 22 feet and shall be paved.

H. A shared driveway shall not serve more than two lots.

I. Driveway entrances into multifamily developments (with shared parking areas) or into nonresidential properties shall be no less than 20 feet in width, shall not exceed 36 feet in width at the street line unless provided with a median divider, and shall be clearly defined by the use of curbing. The curbs of these driveway entrances shall be rounded with a minimum radius of 20 feet where they intersect a street.

J. Adequate turnaround surface shall be provided on the property so that egress to the street is in a forward direction.

K. The edge of any driveway shall be at least 40 feet from the nearest end of the paving radius at the street intersection.

L. Clear-sight triangles shall be provided at all driveway entrances and shall be shown on plans. Within such triangles no object greater than 30 inches in height and no other object that would obscure the vision of the motorist shall be permitted. The legs of such triangles shall be at least 75 feet in either direction, measured from a point 10 feet back from the edge of the cartway of the intersecting street. Greater distances may be required if warranted by specific circumstances. Whenever a portion of the line of such triangles occurs within any proposed building setback line, such a portion shall be shown on the final plan of the subdivision or land development and shall be considered a building.

§ 67-8 Waivers.

A. Where due to the unusual topography, grade, size, width or other dimensions of a lot or the placement of structures thereon, literal compliance with this chapter would be rendered physically impossible or where such compliance would, by reason of excess cuts or fills, otherwise render the lot unusable, the Board of Supervisors may grant reasonable waivers from the literal requirements of this chapter.

B. Such waivers, when granted, shall not be contrary to the public health, safety, morals or welfare not at variance with the spirit and purposes of this chapter nor shall the waiver be greater than the minimum waiver necessary to remove or mitigate the hardship imposed. No waiver shall be granted where the hardship for which a waiver is sought was created by the applicant by reason of the layout of any subdivision, installation and design of any road, or other cause within the control of the applicant.

§ 67-9 Structure as public nuisance.

Any structure erected in violation of the provisions of this chapter or in violation of any plan or permit shall be and hereby is declared to be a public nuisance.

§ 67-10 Violations and penalties.

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.

§ 67-11 Other remedies.

In addition to the remedies provided in § 67-10, and not in substitution thereof, the Township, through the Board of Supervisors, may institute and prosecute any other action at law or in equity for the abatement or removal of a violating structure, or the Township may, in its discretion and in addition to the other remedies herein provided, enter upon the lands where the violation exists and cause the same to be removed and recover the cost of such removal from the owner, occupier and/or contractor, all of whom are declared to be jointly and severally liable to the Township for such costs and expenses incurred.