This chapter shall be known and may be cited as the "Marlborough Township Driveway Ordinance."
A. 
This chapter shall apply to all new private driveway construction and major improvements to existing driveways.
(1) 
Major driveway improvements subject to this chapter shall include:
(a) 
Widening for purposes of adding another lane.
(b) 
Rerouting or regrading of an existing driveway.
(c) 
Changing or modifying a driveway entrance.
(d) 
Changing the footprint of the existing driveway and/or any connected parking or pullover areas by more than 400 square feet of a surface that does not allow the infiltration of water into the ground, including, but not limited to, asphalt, concrete, stone millings, or 800 square feet of a surface that allows the infiltration of water into the ground.
(e) 
The conversion of an existing stone/gravel driveway to a paved driveway.
(2) 
All major driveway improvements shall conform to the requirements of Article IV, Driveway Standards. Major driveway improvements shall not include normal maintenance or repair (i.e., filling potholes, weeding, stone/gravel replacement, repaving, etc.).
B. 
New driveways exiting to state and county roads are subject to the requirements of this chapter for portions of the driveway outside the state or county right-of-way. The driveway entrance is subject to PADOT requirements within the PADOT right-of-way, including, but not limited to, obtaining a PADOT municipal use permit or highway occupancy permit and/or Montgomery County occupancy permit where applicable.
C. 
At the time of development, the Board of Supervisors shall require the construction of an individual driveway for every lot within the Township.
D. 
Driveways serving individual lots may be prohibited by the Board of Supervisors where such driveways would create congestion, interference with traffic, and/or hazards to traffic flow and safety. Considerations shall include, but are not limited to, street grades, land forms, vegetation, frequency of driveway intersections, limited sight distances and/or high-speed traffic flow. In such cases, the Board of Supervisors may consider reasonable alternative forms of vehicular access to the lot, including, but not limited to, common or shared driveways.
E. 
Proposals to change the location and/or layout of a driveway from a previously approved subdivision or land development plan shall require a submittal of an application for permit in accordance with this chapter.
Requests for waivers of any term or condition set forth in this chapter may be considered by the Board of Supervisors within their sole discretion, pursuant to the waiver provisions provided in the Marlborough Township Subdivision and Land Development Ordinance (Chapter 215) and as further provided in the Pennsylvania Municipalities Planning Code.[1] All waiver requests shall be in writing, and the applicant requesting the waiver must demonstrate that the grant of the waiver will not be detrimental to the safety of persons utilizing the driveway and the roadway.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.