[HISTORY: Adopted by the Borough Council of the Borough of
Vandergrift 9-8-2020 by Ord. No. 3-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Vandergrift, Westmoreland County, Commonwealth
of Pennsylvania.
The party, person, firm, partnership or corporation who or
which installs a driveway, including all agents, officers or employees
of said party, person, firm, partnership or corporation.
The Council of the Borough of Vandergrift, Westmoreland County,
Commonwealth of Pennsylvania.
Any area of land designated or used as a means of ingress
and/or egress for either vehicles or pedestrian traffic from a public
road to a piece, parcel or tract of land.
The record owner of the land upon which the driveway is or
is intended to be located.
A permit issued by the Council to signify the approval of
the driveway connection to the public roadway.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Any road, street, alley or public thoroughfare, whether actually
maintained by Vandergrift Borough as part of its road system, or whether
shown on a subdivision or land development plan and intended to be
offered or dedicated to the Borough of Vandergrift in the future as
part of the Borough of Vandergrift road system.
A.
All driveway applications must be submitted by the property owner,
with proof of ownership submitted with the driveway application.
B.
In order to provide a safe and convenient means of access, grades
of all driveways shall be in accordance with 67 Pa. Code § 441.8.
Driveways, in all districts other than residential districts, shall
have a maximum grade of 10%.
C.
All driveways shall be properly constructed in accordance with the
state and/or Borough regulations. Driveways within the Borough shall
be installed in accordance with 67 Pa. Code § 441.8.
D.
Driveways shall not be constructed in such a way as to create a drainage
problem on an adjacent lot. The size and type of drainage facilities
shall be subject to the approval of the Borough Engineer.
E.
Visibility entering onto or from public roads at driveways shall
be maintained. Driveway pillars along local roadways shall be a minimum
of three feet off the curb. Driveway pillars along collector or arterial
streets shall be positioned outside the right-of-way.
G.
Highway occupancy permits on state roads must be obtained.
H.
All driveways shall be located, designed and constructed in such
a manner as not to interfere or be inconsistent with the design, maintenance
and drainage of the street upon which said driveway exits.
I.
Access driveways should not be located at intersections that would
interfere with the placement and proper functioning of street signs,
signals, detectors, lighting or other devices that affect traffic
control. The location of a driveway near a signalized intersection
that has an actuated traffic signal may include a requirement, subject
to the approval of PADOT, that the applicant provide (without expense
to the Borough) additional detectors for the control of traffic movement.
J.
Access driveways shall be located in such place so that they will
not cause the following: interference with the traveling public; a
hazard to the free movement of normal traffic. Driveways shall be
located where the street alignment and profile are favorable, i.e.,
where there are no sharp curves or steep grades and where sight distance
is adequate for safe traffic operation.
K.
No part of any access driveway shall be constructed outside of the
applicant's frontage or projection thereof.
L.
Driveways designed and constructed to provide for two-way movement
of vehicles shall form an angle of intersection of 90° with the
street line or as near thereto as conditions permit.
M.
All driveways shall be paved. The quality of concrete or asphalt
used for said paving, repaving and repairing shall be prescribed by
the Street Committee or the Borough Engineer and shall be laid to
the grade line of the street.
N.
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 Borough.
(1)
Normally, only one driveway will be permitted for a residential property
and not more than two driveways will be permitted for a nonresidential
property.
(2)
If the property frontage exceeds 600 feet, the permit 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.
A.
Interior circulation and traffic control. Driveways in the nonresidential
and industrial districts shall not exceed 25 feet in width, exclusive
of the curb return radius of 25 feet. Safety considerations in the
review process will include limits on the number of driveways, one-way
access requirements, possibilities for the sharing of curb cuts, and
PADOT review where required.
(1)
Driveways that provide parking spaces should be so designed as to
discourage through traffic. If parking spaces are indicated by lines
with angles other than 90°, then traffic lanes may be restricted
to one way, permitting head-in or diagonal parking.
(2)
Driveways for areas provided for loading and unloading of delivery
trucks and other vehicles, and for the servicing of shops by refuse
collection, fuel, deliveries and other service vehicles, shall be
separate from driveways used by the general public for access to parking
areas if required by the Council of the Borough of Vandergrift.
B.
Design.
(1)
Design of driveways shall include provisions for positive subsurface
and subbase drainage under and at the outside edges of the paving.
In major cut or potentially wet areas, underdrains are to be installed
under edges of the driveway and connected to the storm drainage system.
(2)
Curbs shall be installed on sides of driveways as requested by the
Borough Engineer to contain vehicular traffic, protect pedestrians,
control stormwater and reduce maintenance of adjacent seeded or planted
areas.
(3)
Where no curbs are to be installed, paved scupper ditches of sufficient
depth to intercept surface water and maintain a dry subgrade for the
driveway paving shall be installed.
(4)
Traffic and control signs shall be provided and "no parking" and
speed limit posted where required by the Borough.
A.
No person, owner or contractor shall hereafter install, initiate
any work or allow the installation or initiation of any work toward
the installation of a driveway without first obtaining a permit therefor
from the Borough of Vandergrift.
B.
All proposed driveways intended to connect to a state roadway will
also require a state highway occupancy permit, issued by PennDOT,
in addition to a permit issued by the Borough of Vandergrift, prior
to the initiation of any work toward the installation.
Any person, owner or contractor shall, prior to obtaining a
driveway permit, file an application, on an application form supplied
by the Borough of Vandergrift, reflecting and showing the location
of the proposed driveway relative to the premises and designating
the course, grade, structure, materials and drainage facilities, if
any, involved in the construction of the driveway.
A.
The application shall be reviewed by the Borough Engineer, with all
costs of the same to be paid by the applicant.
B.
The Borough Engineer shall determine if the proposed method of constructing
or making said connection to the public road, as reflected on the
application, is such that it will:
(1)
Minimize the adverse effect of stormwater runoff resulting from said
connection;
(2)
Not cause damage to the road to which the driveway is to be connected;
(3)
Not create or increase hazardous driving conditions for those persons
using the road to which the driveway is proposed to be connected;
(4)
Not obstruct the roadside ditches or cause stormwater to divert onto
the improved portion of the roadway;
(5)
Be of the same elevation as compared to the roadway surface;
(6)
Demonstrate drainage facilities of adequate size to carry all stormwater
under the driveway with the drainage pipe to be of a minimum diameter
of 15 inches;
(7)
Result in adequate sight distance for vehicles entering and leaving
the public roadway.
C.
If found satisfactory by the Borough Engineer, the Engineer shall
advise the Council of the Borough of Vandergrift; the Council of the
Borough of Vandergrift may cause a permit to be issued.
D.
If the application is found to be deficient, or if in the opinion of the Engineer the plan could be improved so as to more adequately address the items reviewed in § 195-3, the Engineer shall, by written communication to the applicant, notify the applicant of the required changes;
E.
If the applicant desires to proceed, the applicant shall submit a
modified application to the Borough of Vandergrift;
F.
At such time as the application is deemed to be sufficient, the Engineer
shall communicate his approval to the Council of the Borough of Vandergrift
and may cause a permit to be issued.
A.
The application shall be accompanied by an application processing
fee, a post-construction inspection fee and a security deposit; the
security deposit shall be refunded to the applicant upon satisfactory
completion of the post-construction inspection and approval of the
driveway connection. If the post-construction inspection reflects
deficiencies in the driveway connection, the Borough of Vandergrift
may use the security deposit funds, up to the full amount, to make
repairs or corrections. If there is any deficiency, the Borough of
Vandergrift shall have authority to lien the property for any additional
amounts expended for correction or repair.
B.
The amounts of said application processing fee, post-construction
inspection fee and security deposit shall be set from time to time
by resolution of the Council of the Borough of Vandergrift. The Council
for the Borough of Vandergrift may set different fees and deposits
for residential or nonresidential permits.
A.
Sight distance shall be adequate to safely allow each permitted movement
to be made into or out of the driveway.
B.
Minimal acceptable sight distance requirements shall be as follows:
|
Posted Speed
(mph)
|
Safe Sight Distance: Left
(feet)
|
Safe Sight Distance: Right
(feet)
|
|---|---|---|
|
25
|
250
|
195
|
|
35
|
440
|
350
|
|
45
|
635
|
570
|
|
55
|
845
|
875
|
All construction in any way incidental to the installation of
the driveway shall be performed in strict conformance with the approved
plans.
Each driveway, whether serving the same premises or not, shall
require a separate permit.
A.
Work authorized by a Borough driveway permit for construction of
an access driveway shall be performed at such time and in such manner
as to conform to all requirements and standards specified herein.
The applicant must advise the Code Officer when the work will commence
and the approximate date of completion of the work. No trenches may
be backfilled or culvert pipes covered or paved over until the Code
Officer or Borough Engineer inspects such work. Such work may be inspected
by a representative of the Borough at any time, but at a minimum,
such work will be inspected during the work, prior to any backfilling
and an additional final inspection upon completion of the work. Additional
inspections may be required by recommendation of the Borough Engineer.
If the Borough Engineer deems additional inspections to be necessary,
it shall be the applicant's responsibility to notify the Code
Officer or the Borough Engineer at applicable stages of construction
to allow for the required inspections.
B.
It shall be the obligation of the applicant to notify the Code Officer
when any excavation will be backfilled and paved. Failure of the applicant
to so notify the Code Officer so as to give the Code Officer the opportunity
to inspect the work shall be cause for revocation of the permit.
C.
Upon completion of the construction, the applicant shall give written
notice thereof to the Engineer.
D.
The Borough Engineer shall inspect the construction and, when necessary,
enforce compliance with the conditions, restrictions and regulations
prescribed by the permit and by this chapter.
E.
If an inspection of the work discloses that it is not being or has
not been properly performed, the applicant will be notified, in writing,
by the Borough to take immediate action, at his or her own expense,
to remedy the deficits and to conform with Borough requirements and
standards.
F.
Where any defect or lack of compliance is discovered, the applicant
shall rectify the discrepancy within 20 days after written notice
from the Borough to do so. If the applicant fails to do so or fails
to repair the deficits, the Borough may complete the approved construction
and impose upon the applicant the cost thereof together with an additional
20% of such cost. The Borough can seek repayment of the same under
any and all remedies available under the law.
All driveways, adjacent areas and areas between such driveways,
including channelization, paving, drainage, etc., installed by the
applicant shall be maintained by the property owner in such a manner
as 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.
Any owner, person or contractor who or which violates any of
the provisions of this chapter shall, upon conviction in a summary
proceeding brought before a District Justice 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
along with restitution to the Borough. 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. All fines collected for the violation of this
chapter shall be paid to the Borough of Vandergrift for the general
use of the Borough.
All ordinances or parts of ordinances in conflict herewith be
and are hereby repealed, except any ordinance or parts of ordinances
that authorize greater remedies than this chapter are hereby preserved.
If any sentence, clause, section or part of this chapter is,
for any reason, found to be unconstitutional, illegal or invalid,
such unconstitutional, illegal or invalid part or portion shall be
removed and shall not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts of this chapter. It is hereby
declared that it is the intent of the Borough of Vandergrift that
this chapter would have been adopted had such unconstitutional, illegal
or invalid sentence, clause, section or part thereof not been included
herewith.
In the event of a conflict between the requirements of this
chapter and any state or federal requirements associated with taxing,
the regulations promulgated under state and federal law shall prevail.
This chapter shall be effective as of the date of enactment
and execution.
