[HISTORY: Adopted by the Board of Supervisors of the Township of Hamilton 5-3-2021 by Ord. No. 2021-141. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Construction and Material Specifications
A. 
This chapter shall be known as the "Hamilton Township Driveway Ordinance."
B. 
This chapter shall apply to all new driveways constructed after the effective date of this chapter. The provisions of this chapter shall also apply to existing driveways that are improved after the effective date of this chapter. Driveway improvements subject to this chapter include paving, repaving, widening for the purpose of adding additional lanes, and constructing, changing or modifying a driveway entrance. Normal repairs and maintenance shall not be subject to this chapter.
C. 
New driveways accessing state roads are subject to the provisions of this chapter for those portions of the driveway outside of the state right-of-way.
A. 
No person, firm, corporation or other entity shall perform or allow any construction, excavation or other work in connection with any driveway or perform any work within the Township affecting stormwater flow or discharge within the right-of-way of any road until a permit has been issued by the Township for such work.
B. 
A permit application shall be submitted to the Township by the owner or authorized representative of the owner prior to the issuance of a driveway permit. The application shall be on a form provided by the Township and shall be accompanied by the fee established by the Township from time to time.
C. 
The Township shall review the application and either issue a permit or provide written comments as to why the permit cannot be issued as applied for.
D. 
Should the Township not act on an application submitted hereunder within 15 days after receipt of the application, the application shall be deemed approved.
A. 
The Township shall inspect each driveway being constructed pursuant to a permit to determine whether it is being or has been constructed in accordance with the permit. The permittee shall contact the Township to request an inspection at least three days prior to completion of the work.
B. 
Upon satisfactory completion of the work, the Township shall sign the permit indicating approval of the driveway as constructed or reconstructed.
A. 
All driveways and related improvements shall be located and constructed in such a manner as to not impair drainage or normal maintenance within road rights-of-way, alter the stability of a roadway, subgrade, or roadway embankment, change the drainage of adjacent areas, or interfere with the traveling public.
B. 
Repairs to a driveway, a driveway entrance, drain, culvert or swale shall be performed in such a manner that the repairs shall not change the original design or existing conditions unless a new design and specifications are submitted for approval.
C. 
The size of the pipes under driveways shall be determined by the Township Roadmaster. The size should generally be based on the ten-year storm event runoff.
D. 
Driveway entrances shall be located so as to provide safe access to the intersecting road. To accomplish this, Pennsylvania Code, Title 67, Transportation, Department of Transportation, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads, shall be used as a guide, and the requirements therein shall be followed as closely as reasonably possible, subject to the review of the Township.
E. 
Driveway grades shall be in accordance with Drawing No. HT 02500-1 in Section 02500 of the Hamilton Township Construction and Materials Specifications.[1]
[1]
Editor's Note: A copy of said drawing is included as an attachment to this chapter.
F. 
Not more than two driveway entrances shall be permitted for a residential driveway.
G. 
Not more than two driveway entrances shall be permitted for a nonresidential driveway. Driveway entrances and exits shall be clearly delineated by physical means. Such physical means shall not be located within the Township right-of-way. Line painting may also be required.
H. 
Driveway entrance radius shall be in accordance with Drawing No. HT 02500-1 in Section 02500 of the Hamilton Township Construction and Materials Specifications.
I. 
Driveways shall intersect roads as nearly as possible to 90°, but not less than 60° nor greater than 120°.
J. 
On those portions of the driveway with slopes greater than 8% that are within 100 feet of the intersecting roadway, the driveway surface shall be paved with a bituminous surface treatment (i.e., oil and chip) at a minimum. Alternate proposals for driveway construction may be permitted on a case-by-case basis by the Township, provided the intent of this chapter is maintained.
K. 
Every new driveway shall provide for a safe turnaround area outside of the road right-of-way.
L. 
A plan or description of proposed methods for controlling stormwater runoff and erosion and sedimentation control shall be submitted with each application for a permit. A driveway shall not be used as a means of conveying stormwater runoff away from the physical improvements on the property. Stormwater runoff shall be directed to stable, pervious areas whenever possible.
M. 
No driveway shall be located closer than five feet to a property line.
N. 
In the preparation of land development and subdivision plans, evidence shall be submitted to show that the requirements set forth herein can be met for each proposed building lot. A note shall be placed on the plan, before it is recorded, stating that each individual lot owner will be responsible for obtaining a driveway permit as required by this chapter. The note shall make specific reference to the number and name of this chapter.
In case any person shall construct a driveway and shall not conform to the requirements of this chapter, the Township may order such person to remove the improper work and replace same in compliance with this chapter. Notice to remove and replace improper work shall be given by certified mail and shall state that compliance shall be made within 30 days from receipt of the notice.
Any person found to be in violation of this chapter shall be guilty of a violation of the Rules of Civil Procedure and, upon conviction, shall be sentenced to pay a fine of not more than $300 for the first day of each offense plus court costs, including reasonable attorneys' fees incurred by the Township. Each day that a violation continues shall constitute a separate offense. The second and subsequent days of each offense shall be punishable by a fine of not more than $100 plus any additional court costs and reasonable attorneys' fees.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of this chapter is found to be invalid, such finding shall not affect or impair any of the remaining sections, sentences, clauses, or parts of this chapter. It is hereby declared as the intent of the Township that this chapter would have been adopted had all unconstitutional, illegal, or invalid sentences, clauses, sections or parts hereof not been included herein.
This chapter shall take effect five days after enactment as provided by law.