[HISTORY: Adopted by the Board of Supervisors of the Township
of Pennsbury 8-6-2007 by Ord. No.
07-0806. Amendments noted where applicable.]
A.
This chapter is adopted in order to better ensure the safety of the
residents of Pennsbury Township, to prevent the dangers caused by
ice, snow and stormwater runoff from driveways and private streets
onto Township and state highways, to assure appropriate clear site
triangles at intersections, and to address other problems caused by
the design and placement of unregulated intersections.
B.
This chapter shall apply to all new driveway and private street construction
and to alterations to existing driveways and private streets. Alterations
subject to this chapter include paving, repaving, widening for purposes
of adding another lane, and/or changing or modifying an intersection
with a Township or state highway.
A.
No person shall construct or improve a driveway until the Township
shall have issued a permit for such work. No permit shall be required
to apply sealant to a driveway.
B.
A permit application shall be submitted to the Township by the landowner,
or the landowner's agent, prior to commencing work on any driveway.
The application shall be accompanied by a filing fee and escrow deposit
established by resolution of the Board.
C.
The applicant shall prepare a sketch of the proposed construction
or alteration providing the location of the driveway relative to the
existing road, intersecting streets, utility poles, existing driveways,
including those on the opposite side of the street, traffic signs,
significant trees, and any other feature that may affect the proper
placement of the driveway.
D.
The Township Engineer or Township Roadmaster shall review the application
and discuss any comments or concerns with the applicant.
E.
The Township shall issue the permit for the construction of the driveway
within 14 days of the permit application, provided that the proposed
construction or alteration meets all of the requirements of the applicable
ordinances.
F.
If the Township Engineer or the Township Roadmaster rejects the permit
application, they shall provide written notice to the applicant listing
the reasons for rejection.
G.
All work shall be performed in strict compliance with the drawings
and specifications as set forth on the permit application or as required
by any applicable ordinance.
H.
The construction of new driveways and alteration of existing driveways shall at a minimum conform in all respects to the requirements set forth in Chapter 138, Subdivision and Land Development.
I.
Initial construction of driveways in accordance with an approved
subdivision or land development plan shall be exempt from the requirement
of obtaining a separate permit.
The Township Engineer and/or Township Roadmaster shall, as necessary,
inspect the driveway and confirm that it conforms to this chapter.
Such inspection (and any permitting hereunder) shall not constitute
any representation as to the safety or efficacy of the design or installation.
A.
The construction or alteration must be completed no later than six
months after the date the permit was issued.
A.
The Board of Supervisors shall adopt, by resolution, a fee schedule
including the application fee and a security deposit to be escrowed
with the Township for the purposes of paying for inspections required
by this chapter.
B.
Upon satisfactory installation of the driveway, and after the same
has been approved by the Township Engineer or the Township Roadmaster,
the Township shall refund the escrow deposit less any costs or Township
expense to the applicant.
It shall be the responsibility of the property owner to properly
maintain any new or existing driveway in a condition such that it
provides safe access to a Township, state or private road. Maintenance
shall include but not be limited to clear sight distances, gutter
swales, wearing surfaces and washouts that may be caused by stormwater
runoff. All washouts shall be removed from the cartway immediately
following the storm causing the washout.
A.
The Township may bring an action before a Magisterial District Judge
in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure for any violation
of this chapter. The Township Solicitor may assume charge of the prosecution
without the consent of the District Attorney as required under Pa.R.Crim.P.
83(c) (related to trial and summary cases). The Magisterial District
Judge may impose a criminal fine not to exceed $1,000 per violation
and may prescribe imprisonment to the extent allowed by law for the
punishment of summary offenses. A separate offense shall arise for
each day or portion thereof in which a violation is found to exist,
or for each section of the chapter which is found to be violated.
B.
The Township may, by means of a complaint in equity, compel the owner
of any property to correct a violation of this chapter.
C.
This chapter shall be effective five days after its enactment.
