[HISTORY: Adopted by the Board of Supervisors of the Township of Weisenberg as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Standard Specification for Road Restoration
[Adopted 2-11-2013 by Ord. No. 13-2]
A. 
This article shall apply to all driveways and private roads.
B. 
To the extent the word "driveway" is used in this article, it shall be construed to mean the strip of land which is used to access a property from a state, Township or private street.
A. 
No person, firm, corporation or other entity shall construct a new driveway, change the use of the driveway, improve an existing driveway or any other means of ingress or egress onto a Township road or a state road or install storm drainage facilities or effect the discharge or passage of drainage water onto or along a Township road unless the Roadmaster or the Township representative appointed by the Board of Supervisors grants a permit for such grading, construction and installation. In the case of access from a state road, two permits will be required: one from the state and the other from the Township for construction from the road right-of-way line.
B. 
A permit application shall be signed by the property owner and submitted prior to commencing work on any driveway. The application shall be on forms provided by the Township. A construction plan in accordance with this article and a nonrefundable filing fee and escrow amount as established by resolution of the Board of Supervisors shall accompany the application. A driveway application shall be valid for one year, at which time if the work is not completed in accordance with this article and conditions listed on the application a new application must be submitted and new fees paid. No time extension will be granted.
C. 
All work and procedures shall be performed in strict compliance with applicable statutes, rules and regulations, this article and any other Township ordinances regulating the construction of a driveway.
A. 
The plan shall be drawn to scale showing property lines, lot size and a North arrow.
B. 
A distance to the nearest property line shall locate the driveway.
C. 
Show the center line of the driveway, the edge of the existing road, the leveling area and the grade from the leveling area to the building.
D. 
Show the type of driveway construction within the road right-of-way and outside of the road right-of-way.
E. 
Show the location of any new and existing storm sewer facilities including drainage swales.
F. 
Show all erosion and sedimentation control devices.
G. 
Any landowner proposing an earth disturbance activity on any lot of tract of land greater than 5,000 square feet square feet but less than one acre shall submit an erosion and sedimentation control plan to the Township for review by the Township Engineer prior to commencing such activity. Any landowner proposing earth disturbance activity of one acre or greater or a point source discharge shall submit an erosion and sedimentation control plan to the Lehigh County Conservation District for their review and approval.
H. 
For driveway construction with a center-line grade of 11%, a plan must be provided showing grade stakes so the driveway grade can be verified in the field, unless this condition is waived in writing by the Roadmaster or the Township representative appointed by the Board of Supervisors. No permit will be issued for driveway greater than 11% unless approved on the application.
A. 
Provision shall be made at all intersections of driveways with streets to ensure adequate stormwater drainage. All roadside swales, existing or proposed, must be maintained and continued across the driveway. Where this is not feasible, a drainage pipe, with a minimum pipe diameter 15 inches must be installed under the driveway in the swale area. The cover over the pipe and length of the pipe will be determined in the field by the Roadmaster or the Township representative appointed by the Board of Supervisors.
B. 
The driveway leveling area shall be paved with asphalt material, except driveways with access off of a dirt road. The term "asphalt" shall be that which is commonly known as "hot mix asphalt" and shall not include concrete, brick, cement, or alternative paving materials. The leveling area shall not have a center line grade greater than 4% for a distance of 25 feet measured from the edge of the road, not the right-of-way line.
C. 
Private driveways serving lots abutting both a proposed street and an existing public street shall access directly to the proposed street and not to the existing public street.
D. 
Driveways shall be designed to provide a single access to one lot and be contained entirely on that lot. Dual access shall not be permitted unless approved by the Board of Supervisors. Common driveways, which are single driveways providing access to more than one lot, will not be permitted unless approved by the Board of Supervisors.
E. 
The minimum width of the driving surface of the driveway shall be 10 feet. The maximum width within the road right-of-way shall be 15 feet.
F. 
The minimum width of the clear area, which shall be clear of trees, tree branches and brush, shall be five feet on each side of the driveway along the straight sections and 10 feet on each side of the driveway along the curve sections. A height of 12 feet shall be cleared along the entire driveway.
G. 
A tangential arc shall round the edge of pavement intersections with a minimum radius of 10 feet and a maximum radius of 20 feet.
H. 
The inside turning edge of the driving surface of the driveway shall have a minimum radius of 40 feet.
I. 
The minimum distance between center line of a driveway and the center line nearest intersection shall be as follows:
Type of Development
Type of Street or Another Driveway
Arterial
(feet)
Collector
(feet)
Local
(feet)
Driveway
(feet)
Residential
150
100
75
30
Nonresidential
300
200
150
30
J. 
The minimum distance between edge of the driving surface of driveway and the nearest property line shall be 10 feet. The Roadmaster or the Township representative appointed by the Board of Supervisors may reduce this distance if the applicant shows an unreasonable hardship would be created by maintaining a ten-foot distance from the property line. If the Roadmaster is considering less than 10 feet, the adjoining property owner shall be notified of the location of the driveway and his comments, if any, shall be considered by the Roadmaster.
K. 
The center-line grade of any driveway shall not exceed 11% at any point from the end of the leveling area to any other point within the confines of the lot. A leveling area shall be provided having no greater than a 4% grade for a distance of 25 feet measured from the edge of the road, not the right-of-way line.
L. 
At the intersection with a street, a clear sight triangle shall be provided. The clear sight triangle shall be graded, cleared and kept clear of sight obstructions other than official signposts or utility poles for a height between two feet and 10 feet above the ground level. The clear sight triangle shall be determined by the intersecting street center lines and a diagonal connecting two points, one point on each street center line. The distance along the through street center line shall be the stopping sight distance described in PennDOT Design Manual Part 2, Publication 13, latest revision, and included in the Appendix of this article.[1] The distance along the center line of the approach driveway shall be 10 feet plus the lane width of the through street.
[1]
Editor's Note: Said appendix is currently on file in the Township offices.
M. 
Stopping sight distance represents the minimum length required for a vehicle traveling at a given speed to stop. Stopping sight distance is measured along the center line of the through road from the intersection of the center lines of the through road and the driveway. The minimum stopping distances for the various design speeds, including corrections for grade of the through road, are based on wet pavement conditions and are set forth in the Appendix.[2] The design speed governs, however, to reduce the speed limit, the Township may require the applicant to do a speed limit study to determine the sight distance based on the safe-running speed for the existing field conditions, based on the criteria outlined in PennDOT Publication 201, latest revision.
[2]
Editor's Note: Said appendix is currently on file in the Township offices.
N. 
Every driveway shall intersect the adjacent public road in a perpendicular manner, unless the Roadmaster or the Township representative appointed by the Board of Supervisors approves a different angle of entry. In that case, all users and the owners and his agents, invitees, successors, heirs and assigns shall be allowed, but not required, to install and use such approved nonperpendicular driveway at their own risk.
O. 
The property owner may request a waiver of any section of this article from the Board of Supervisors. The Board of Supervisors may grant a waiver where provisions of this article inflict unnecessary hardship upon the property owner. The Board shall follow procedures outlined in the Pennsylvania Municipalities Planning Code Section 910.2[3] for granting a waiver.
[3]
Editor's Note: See 53 P.S. § 10910.2.
P. 
All new driveways shall provide a vehicle turnaround to prevent vehicles from backing out onto a public street. For existing driveways requiring a permit under this article, a vehicle turnaround should be provided if site conditions are suited for a turnaround. This will be determined by the Roadmaster or the Township representative appointed by the Board of Supervisors. The size of the turnaround shall have a minimum width of nine feet and a length of 19 feet.
A. 
The Roadmaster or the Township representative appointed by the Board of Supervisors shall inspect the driveway and confirm that the construction conforms to conditions set forth in the application.
B. 
No paving of any driveway shall be commenced until the Roadmaster or the Township representative appointed by the Board of Supervisors shall have inspected the site and approved the work performed. The applicant shall give the Township a minimum of 48 hours' advance notice before any inspection.
C. 
The applicant shall notify the Roadmaster when the work is completed in accordance with the application and the conditions set forth on the application. A final inspection of the work shall be performed by the Roadmaster or the Township representative appointed by the Board of Supervisors prior to the issuance of the driveway permit.
D. 
The applicant shall pay all fees incurred in the review, processing and inspection of the driveway, including cost incurred by the Township from the Township Engineer for consulting services prior to the issuance of the permit.
E. 
Should the property owner fail or refuse to install the driveway in accordance with the condition set forth in the application, the Township shall not issue the driveway permit, and the property owner understands and agrees that the Township has the right to physically block the access point from the Township road preventing access to the property. In addition, no other permits will be issued until the driveway is completed in accordance with the conditions set forth in the application.
F. 
If the driveway cannot be completed because of circumstances beyond the applicant's control, such as weather, permits can be issued if the applicant provides a copy of a contract with a contractor ensuring that the driveway will be constructed in accordance with the application and within a specified time set forth in the contract and the contract is approved by the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge 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. 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 article that is violated shall also constitute a separate offense.
All ordinances and resolutions or parts of any ordinances or resolutions which conflict with this article are hereby repealed.
The provisions of this article are severable and if any provisions hereof are declared illegal or invalid on constitutional or statutory grounds by any court of competent jurisdiction, then those provisions not specifically declared illegal or invalid remains in full force and effect.
This article shall become effective five days after adoption.
[Adopted 11-11-2013 by Ord. No. 13-6]
A. 
Maintenance of driveways.
(1) 
Residential, commercial or individual property owners having driveways connecting to or intersecting with the Weisenberg Township roadway system shall be responsible for the maintenance, repair and upkeep of such driveways. This responsibility shall be directly related to precluding driveway surface debris and materials, such as but not limited to soil, dirt, stones or debris, from entering upon the Weisenberg roadway systems.
(2) 
The provisions of this article shall be applicable to all paved or unpaved driveways.
(3) 
Should such driveways not be maintained and kept in an acceptable state of repairs, whereby such debris and materials shall enter upon a Township road system, the Township shall have the option of removing such debris and materials or notifying the property owner of the obligation to remove such debris and material within five days of the receipt of the certified notice for the removal from the Township. Should the Township be required to remove the said debris and material, the property owner shall be responsible to reimburse the Township for all costs related to such removal and such reimbursement and cost may be filed as a municipal lien until paid in full.
(4) 
Should the Township intend to remove the debris and material or be required to notify the property owner to remove debris and materials as set forth in Subsection A(3) above for a total of three separate occasions, then and in that event, the owner(s) of such property shall make the necessary arrangements for the permanent repair and remediation of the surface of such driveway whereby debris and material will cease entering in and upon the Township road or street. Should the property owner fail to reimburse the Township for the costs relating to the removal of the said debris and material, the Township may initiate a summary offense proceeding before a Magisterial District Judge in accordance with the provisions of the Second Class Township Code for the purpose of seeking reimbursement for all costs and fees associated with the removal of such debris and material as is set forth in Subsection A(3) above and for the imposition of fines or imprisonment which apply to summary offense.
B. 
Standards for the excavation and renovation of Township roads.
(1) 
Any individual, corporation or business that is required by the circumstances to open a Township road causing excavation in the roadway and/or open the pavement must apply for a permit at the Township building, the fee for the permit being established from time to time by Resolution by the Board of Supervisors.
(2) 
Any restoration must meet the Township Standards set forth on Exhibit A, attached to this article, incorporated by reference and made a part of this article.[1]
[1]
Editor's Note: See the Standard Specification for Road Restoration, included as an attachment to this chapter.
(3) 
The Township Secretary shall give notice to all persons owning property abutting on any street within the Township about to be paved or improved and to all public utility companies operating in the Township, and all such persons and utility companies shall make all water, gas, or sewer connections as well as any other repairs which would necessitate the excavation of the said street within 30 days from the giving of such notice, unless such time is extended in writing for cause shown by the Township Secretary.
(4) 
New paving shall not be opened or excavated for a period of five years after the completion except in case of emergency, the existence of which emergency and the necessity of the opening or excavation of such paving to be determined by the Township Board of Supervisors. If it is necessary to excavate to a sewer line within five years after the completion of the paving, the permit for such opening shall be issued only after expressed approval of the Board of Supervisors.
(5) 
In the case of any leak, explosion or other accident in the subsurface, line, construction or apparatus, it shall be lawful for the company owning or responsible for such pipe, line, construction or apparatus to commence an excavation to remedy such condition before securing a permit, provided that application for the permit shall be made immediately and no later than five days after completion of the work. The company shall comply with all provisions of this article in the excavation of the roadway. If any such emergency condition shall not be immediately attended to by the owner or person responsible for such pipe, line, construction, or apparatus, the Township Secretary, after such notice as he or she shall deem necessary under the circumstances of the particular case, shall proceed to do the work necessary and required by such emergency and charge the same on the basis of costs, plus 20% to such owner or person.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6) 
To insure that the excavation and restoration is performed in a good and workmanlike manner, and to insure that it is constructed according to the Township's standards, the Township shall establish security to be deposited with the Township. The security may be cash or a maintenance bond. The security shall be returned to the applicant or the maintenance bond released upon satisfactorily completing the work.
(7) 
If the work does not meet the standards required, then the property owner will have the option of preparing and performing the necessary repairs or, in the alternative, the Township may use the security deposit to make any repairs necessary to bring the roadwork into compliance with the Township's standards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits violation of this article or the terms or conditions of any permit issued hereunder shall, upon conviction in a summary proceeding brought before a Magisterial District Judge 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. 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 article that is violated shall also constitute a separate offense.
All ordinances and resolutions or parts of any ordinances or resolutions which conflict with this article are hereby repealed.
The provisions of this article are severable and if any provisions hereof are declared illegal or invalid on constitutional or statutory grounds by any court of competent jurisdiction, then those provisions not specifically declared illegal or invalid remains in full force and effect.
This article shall become effective five days after adoption.