[HISTORY: Adopted by the Board of Supervisors of the Township
of Brady as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-19-1993 by Ord. No. 1993-1]
A.
ALTERATION
CONTRACTOR
DRIVEWAY
MUNICIPALITY
OWNER
PERMIT
PERSON
PUBLIC ROAD
STREET
The following words as used in this article shall mean:
Any enlargement, reduction, rearrangement, or replacement
of any driveway.
The person, firm, corporation, or other business entity which
installs a driveway, including all agents, officers, or employees
of that person or business entity.
Any area of land designated or to be used as a means of ingress
and egress for vehicles traveling from a public road to a private
parcel of land. Driveway shall also include such drainage structures
as may be necessary for the purpose of construction and maintenance
thereof.
Brady Township, Butler County, Pennsylvania.
The legal title holder of the land upon which the driveway
is located.
The document issued by the municipality signifying approval
of the design of the driveway.
Any natural person or persons, association, partnership,
firm, corporation, or municipal authority.
Any road, street, alley, or public thoroughfare whether actually
maintained by the municipality, and any road, street, alley or public
thoroughfare shown in the subdivision or land development plan intended
to be dedicated to the municipality in the future.
Any public street, avenue, road, square, alley, highway,
or other public place located in the municipality and established
for the use of vehicles, but shall not include state highways.
B.
For the purpose of this article, the singular shall include the plural,
the plural shall include the singular and the masculine shall include
the feminine.
A.
No driveway, local road, drainage facility or structure shall be
constructed or altered within municipal rights-of-way and no drainage
facility of the municipality shall be altered or connected onto without
first obtaining a permit from the municipality. A permit shall not
be required for maintenance.
B.
Permit applications shall be submitted in the name of and executed
by the owner of the property.
C.
Permit applications shall be submitted to the officer designated
by the municipality.
D.
Permit applications shall be submitted prior to the construction
of any building which the proposed driveway will serve to insure that
the driveway can be constructed in accordance with this article.
E.
Permit application procedures and required information:
(1)
Shall be submitted in person or by mail;
(2)
Shall be signed by the applicant;
(3)
Shall include two sets of plans indicating and detailing the location
and the pertinent dimensions of both the proposed installation and
related street features;
(4)
Shall be accompanied by a check or money order payable to the municipality
in the appropriate amount;
(5)
Shall be submitted to the municipality at least five days prior to
the anticipated start of work.
The fees for a permit shall be as established by resolution
by the Board of Supervisors of the municipality.
A.
General rule. All driveways shall be located, designed, constructed,
and maintained in such a manner as not to interfere or be inconsistent
with the design, maintenance and drainage of existing street.
B.
General location restriction. Access driveways shall be permitted
at locations in which:
C.
Specific location restrictions. Specific location restrictions shall
include the following:
(1)
Access driveways shall not be located at interchanges, ramp areas,
or locations that would interfere with the placement and proper functioning
of traffic signs, signals, detectors, lighting and other devices that
affect traffic control.
(2)
The location of driveway near a signalized intersection may include
a requirement that the permittee provide, in corporation with the
municipality, new and relocated detectors, signal heads, controllers,
and the light, for the control of traffic movement from the driveway.
(3)
Access to the property which abuts two or more intersecting streets
may be restricted to only that roadway which can more safely accommodate
its traffic.
(4)
The municipality may require the permittee to locate an access driveway
directly across from the highway, local road, or access driveway on
the opposite side of the roadway, if it is judged that offset driveways
will not permit left turns to be made safely and that access across
the roadway from one access to the other will create a safety hazard.
D.
Local roads. An access intended to serve more than three properties
or to act as a connecting link between two or more roadways shall,
for the purpose of this article, considered a local road and not a
driveway regardless of its ownership. As such, its design must be
in accordance with the municipalities current standard governing design
of local roads. All other requirements of this article shall be complied
with before the local road will be allowed access onto state highway.
E.
Number of driveways. The number and location of entrances which may
be granted will be based on usage, interior and exterior traffic patterns,
and current design policy of the municipality.
(1)
Normally, only one driveway will be permitted for the residential
property and not more that two driveways will be permitted for a nonresidential
property;
(2)
If the property frontage exceeds 600 feet, the municipality may authorize
an additional driveway;
(3)
Regardless of frontage, a development may be restricted to a single
entrance/exit driveway, served by an internal collector road, separated
from the traveled way.
F.
Approaches to driveways. Driveway approaches shall conform to the
following standards:
(1)
The location and angle of an access driveway approach in relation
to the highway intersections shall be such that a vehicle entering
or leaving the driveway may do so in an orderly and safe manner and
with a minimum of interference on street traffic.
(2)
Where the access driveway approach and street pavement meets, flaring
of the approach may be necessary to allow safe, easy turning of the
vehicle traffic.
(3)
Where the street is curved, driveway approaches shall be installed
1 1/2 inch above the adjacent street or gutter grade to maintain
proper drainage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Driveway design requirements shall be as established by the
Pennsylvania Department of Transportation as set forth in Pennsylvania
Code Title 67, and as amended from time to time. All driveway culverts
shall be a minimum of 15 inches wide by 20 feet long, unless deemed
otherwise by the Board of Supervisors on the initial inspection. All
driveways shall be graded properly with a negative pitch from the
road, approximately the last 10 feet of the driveway, and anywhere
water runs down the driveway must be averted away from the Township
road and into the culvert or drainage system. No driveways are authorized
to place water out onto a Township road as that will be a strict violation
of the design and permit requirements. It is the responsibility of
the landowner to purchase culvert pipe and pay for all installation
of the culvert pipe, including all necessary stone or material for
repair, replacement or installation. The installation or replacement
of the culvert pipe requires a driveway permit and a preinspection
by the Roadmaster, along with a post-inspection by the Roadmaster conforming to the requirements
herein. All driveway culvert installation or replacement shall require
a driveway permit and the Board of Supervisors shall set the permit
fee by resolution yearly.
In case any person shall construct a driveway or curb cut and
shall not conform to the requirements of this article, a municipality
may order such person, firm, or corporation to remove the improper
work and replace the same in compliance with this article. Notice
to remove and replace improper work shall be given by registered or
certified mail and shall state that the person, firm, or corporation
has 30 days from receipt of the notice to comply therewith. Upon noncompliance,
the municipality may do or cause the requested repairs to be done
and may levy the cost of its work on such owner as a property lien
to be collected in a manner provided by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm, or corporation who shall fail to obtain a
permit before constructing a private driveway or making a curb cut
shall, upon conviction thereof, be sentenced to pay a fine not more
than $1,000 and/or serve a term of imprisonment not to exceed 90 days.
Each day that the violation of this article continues shall constitute
a separate offense.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section or part of this article is
for any reason to be found to be unconstitutional, illegal, or invalid,
such unconstitutionally, illegality, or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article. It is hereby declared as an intent of the
municipality that this article would have been adopted had such unconstitutional,
illegal, or invalid sentence, clause, section, or part thereof not
be included herein.
This article shall become effective on the 19th day of May 1993.
