This chapter may be known and may be cited as the "Lower Pottsgrove
Township Driveway Ordinance."
The following words and phrases, including the plural, singular
and all other forms thereof, when used in this chapter shall have
the meanings given them in this section, unless the context clearly
indicates otherwise:
APPLICANT
The applicant for a permit under this chapter concerning
a driveway who shall be the lot owner of the lot served, or to be
served, by the driveway.
DRIVEWAY
A private way providing for vehicular and pedestrian access
between a parking or other area on a lot and an abutting road (as
the term "road", is defined in this section), including:
A.
The entrance and exit of the way, which may be on the lot and/or
within the ultimate right-of-way lines of the road; and
B.
All required and/or proposed drainage and other structures,
facilities and improvements appurtenant to the way.
DRIVEWAY WIDTH
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
EDGE OF PAVEMENT
The edge of the main traveled portion of a road, exclusive
of shoulder.
LAST PERMIT DECISION DATE
The last date on or by which the Township, under or pursuant
to 35 P.S. § 7210.502, or other applicable law, is required
to render a decision approving or denying a permit under this chapter.
LOT
A designated parcel, tract or area of land, which is established
by a plat or otherwise as permitted by law, that is, or is to be used,
developed or built upon as a unit.
LOT FRONTAGE
The extent to which a lot abuts a road, such extent being
the length of that portion of the ultimate right-of-way line of the
road abutting the lot.
LOT OWNER
The person who holds, of record, legal title to a lot. If more than one person holds such title, "lot owner" shall mean all such persons. For purposes of §
125-9 (providing for a permit) and §
125-13 (providing for post-installation deficiencies) of this chapter, "lot owner" shall mean the person or persons who hold, of record, legal title to a lot served, or to be served, by a driveway subject to those sections.
PENNDOT DRIVEWAY RULES AND REGULATIONS
The rules and regulations of the Department of Transportation
of the Commonwealth of Pennsylvania set forth in Chapter 441, entitled
"Access to and Occupancy of Highways by Driveways and Local Roads,"
of Title 67 of the Pennsylvania Code, with all amendments and supplements
thereto and any new rules and regulations substituted therefor, as
in force at the time of application under this chapter.
PERSON
Any individual or any corporation, partnership, limited liability
company, business trust, syndicate, other association, government
entity, estate, trust, foundation or other entity recognized by law
as the subject of rights and duties.
ROAD
A.
Any road, highway, street, lane, alley, court, easement or way,
serving primarily as a means of vehicular and pedestrian travel:
(1)
The dedication of which as a public street has been accepted,
conditionally or unconditionally, by the Township;
(2)
The dedication of which as a public street has been offered
to but not yet accepted, conditionally or unconditionally, by the
Township;
(3)
The dedication of which as a public street has not yet been,
but is intended to be, offered to the Township as part of an approved
and recorded final subdivision and/or land development plan or otherwise;
and/or
(4)
The maintenance of which as a public street has been undertaken
by the Township; and
B.
Any state or county road or highway over which the Township
has acquired jurisdiction. Road shall include the entire width between
the ultimate right-of-way lines of such road, highway, street, lane,
alley, court, easement or way.
ROAD CLASSIFICATION
The classification of a road as one of the following classes: semi-controlled access highway; feeder road; residential/rural road; rural road; and cul-de-sac road. Such classes are defined in the Subdivision and Land Development Ordinance (Chapter
215). A semi-controlled highway shall be the highest classification, and a cul-de-sac road shall be the lowest classification.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Chapter
215 of the Code of the Township of Lower Pottsgrove, known as the "Lower Pottsgrove Subdivision and Land Development Ordinance" with all amendments and supplements thereto and any new ordinance substituted therefor, as in force at the time of application under this chapter.
TOWNSHIP
The Township of Lower Pottsgrove, Montgomery County, Pennsylvania.
TOWNSHIP ENGINEER
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Township or
engaged specially as a consultant to the Township.
ZONING ORDINANCE
Chapter
250 of the Code of the Township of Lower Pottsgrove, known as the "Lower Pottsgrove Zoning Ordinance of 1976, as amended" with all amendments and supplements thereto and any new ordinance substituted therefor, as in force at the time of application under this chapter.
No driveway, or any part thereof, shall be laid out, located,
designed, constructed, erected, installed, opened and/or altered except
in strict conformance with the provisions of this chapter, including,
without limitation, applying for and obtaining a permit and paying
and making deposits for fees and costs as set forth in this chapter.
The driveway shall be designed and constructed in accordance
with the following:
A. Width. The driveway shall have a minimum width of 10 feet, except
that a minimum width of 15 feet shall be provided at the driveway
entrance and over any swale or drainage pipe.
B. Radius. A minimum radius return of six feet shall be provided at
the driveway entrance.
C. Curb. Where curb is involved, the curb shall be depressed to a height
of 1 1/2 inches above the gutter line, and the curb depression
shall be two feet wider than the driveway.
D. Paving. That portion of a driveway within 25 feet of the center line
of the abutting road shall be paved to the full width thereof. Such
length of paving may be increased by the Township in cases of long
driveways, areas of drainage problems, and/or other conditions deemed
by the Township as warranting additional paving length. The paving
of the driveway shall consist of two inches' minimum depth of
19 mm or 9.5 mm on four inches' minimum depth of crushed stone.
E. Slopes. Within 20 feet of the edge of pavement, the slope of the
driveway profile shall not exceed 4% and shall not be less than 1%.
Beyond such twenty-foot point, the slope of the driveway profile shall
not exceed 13%. The cross slope of the driveway paving shall be 1/4
inch per foot.
F. Pipe. The Township, upon field investigation, shall determine whether
a drainage pipe shall be installed under the driveway. The design
and size of the pipe, when required, shall be determined by drainage
computations using a five-year storm frequency. The minimum diameter
of the pipe shall be 15 inches or should match the existing pipe in
the area if greater than 15 inches. The pipe shall be either plastic
pipe or concrete pipe. The pipe shall be located at least six feet
from the edge of pavement unless field conditions, upon Township inspection,
indicate a different location. The minimum length of the pipe shall
be either 20 feet or such other length as shall extend at least two
feet on each and beyond the edge of the driveway paving, whichever
length is greater.
G. Swale. The Township, upon field investigation, shall also determine
whether a swale shall be used. When a swale is used, the gutter shall
be at least six inches lower than and at least six feet from the edge
of pavement. The requirements of this subsection may be modified by
the Township as field conditions warrant.
H. No driveway shall be closer than five feet to a property boundary
line.
I. Non-single-family residential driveway. A driveway for other than a single-family residential use shall be designed and constructed in accordance with all the requirements applicable to residential streets, with the exception of right-of-way requirements, as set forth in the Subdivision and Land Development Ordinance (Chapter
215). The provisions of this subsection shall supersede and have control over inconsistent provisions of §
125-5 (providing for driveway location) of this chapter and inconsistent provisions of Subsections
A through H (providing for certain design and construction requirements) of this section.
If any location, design or construction requirement of a driveway under §
125-5 and/or §
125-6 of this chapter cannot be met; the Board of Commissioners may, upon request of the applicant and upon recommendation of the Township Engineer, waive the requirement if the following conditions are satisfied:
A. No other reasonable access to the lot is available which will either
meet the requirement or deviate from the requirement to a lesser extent.
B. The applicant has done all that can reasonably be done to satisfy
the requirement.
C. If additional land is required to meet the requirement, the applicant
provides satisfactory evidence that the additional land cannot be
acquired at a reasonable price.
D. No traffic problem will be created.
E. To the extent that the requirement is also provided under and by the Zoning Ordinance (Chapter
250), the applicant applies for and obtains a final unappealable decision of the Zoning Hearing Board granting a variance or other appropriate relief permitting the deviation from the requirement as set forth in the Zoning Ordinance (Chapter
250).
F. The applicant executes an indemnity agreement satisfactory to the
Township, binding upon the applicant and the heirs, personal representatives,
successors and assigns of the applicant, and inuring to the benefit
of the Township, its officials, employees and agents.
No more than one driveway for the same lot shall be permitted,
unless the lot frontage of the lot exceeds 500 feet, in which case
one additional driveway may be permitted upon a demonstration by the
applicant of the need for the additional driveway. In no case shall
more than two driveways for the same lot be permitted. Each driveway
shall comply with the provisions of this chapter.
Upon and together with the filing of an application for a permit under §
125-9 of this chapter and the making of the initial deposit for review fees and costs under §
125-11 of this chapter, the applicant shall pay to the Township an application fee to defray the administrative costs and expenses of the Township in processing the application. The amount of the application fee shall be established from time to time by resolution of the Board of Commissioners.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000, plus costs and, in default of payment thereof; shall be subject
to imprisonment for a term not exceeding 30 days. A violation of the
terms and conditions of any permit issued under this chapter shall
be considered a violation of this chapter. Each day that a violation
of this chapter continues shall constitute a separate offense and
violation of this chapter.
The provisions of this chapter are severable, and if any sentence,
clause or section of this chapter is for any reason found to be unconstitutional,
illegal or invalid by a court of competent jurisdiction, such finding
shall not affect or impair any of the remaining provisions, sections,
sentences or clauses of this chapter. It is hereby declared to be
intent of the Board of Commissioners that this chapter would have
been adopted had such unconstitutional, illegal or invalid sentence,
clause or section not have been included herein.