[Ord. No. 2024-02, 6/11/2024]
This Part will be known and hereinafter referred to as the "East Nottingham Township Driveway Ordinance."
[Ord. No. 2024-02, 6/11/2024]
For the purposes of this Part, the following terms shall have meanings ascribed thereto as follows:
BOARD
The Board of Supervisors of East Nottingham Township, Chester County, Pennsylvania, or its designated representative.
CARTWAY
The surface of a street, drive, or alley available for vehicular traffic.
CONTRACTOR
The party, person firm, partnership and/or corporation who or which installs a driveway, including all agents, officers or employees of said party, person, firm, partnership and/or corporation.
DRIVEWAY
Any area of land designated or to be used as a means of ingress and/or egress for either vehicles and/or pedestrian traffic from a public road to a piece, parcel or tract of land.
OWNER
The owner of the tract of land upon which the driveway is located.
PennDOT
The Department of Transportation of the Commonwealth of Pennsylvania and any successor agency.
PERMIT
A permit issued by the Township to signify approval of the driveway connection, repair or improvement.
PERSON
Any individual, partnership, company, association, society, corporation or other group or entity.
PUBLIC ROAD
Any road, street, alley or public thoroughfare whether actually maintained by the Township 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 Township in the future as part of its road system.
RIGHT-OF-WAY
The total width, including the cartway, of a road.
ROADMASTER
The official designated by the Board to enforce the provisions of this Part.
TOWNSHIP
The Township of East Nottingham, Chester County, Pennsylvania.
[Ord. No. 2024-02, 6/11/2024]
1. 
No person, owner and/or contactor shall hereafter install, repair, initiate any work, or allow the installation, repair or initiation of any work toward the installation or repair of a driveway without first obtaining a permit from the Township.
2. 
Any driveway intersecting with a state-owned road shall require the obtainment of a driveway permit from the Pennsylvania Department of Transportation.
[Ord. No. 2024-02, 6/11/2024]
1. 
All driveways shall be constructed in conformance with the following standards:
A. 
Residential Driveways. A minimum of eight-inch stone base course and a 2 1/2-inch bituminous course or equal paving approved by the Township Roadmaster.
B. 
High Density Residential, Commercial and Industrial Driveways. A minimum of four inches 2A modified aggregate, and six inches reinforced concrete; or a minimum of eight inches 2A modified aggregate plus 2 1/2 inches "Superpave" 9.5 mm Superpave wearing course top.
C. 
Stone Driveways. Consisting of a minimum of six inches of 2A or 2RC modified aggregate are permitted providing that first 20 feet measured from edge of the paved cartway of the public road must be paved with the width required under Subsection 6 of this Section.
2. 
On all corner properties fronting on arterial or collector streets there should be a minimum distance of 100 feet between the centerline of the driveway and the edge of the cartway of the street intersection.
3. 
On all corner properties fronting on local streets there should be a minimum distance of 40 feet between the centerline of the driveway and the edge of the cartway of the street intersection.
4. 
The sight distance for all driveways shall comply with the requirements for state highways prescribed by the Pennsylvania Department of Transportation as codified at 67 Pa. Code § 441.8, and amendments and addenda thereto.
5. 
To ensure adequate visibility the entire frontage of the lot shall be graded to a slope of 2% to the right-of-way line.
6. 
Driveways shall have a minimum width of 10 feet for single-family dwellings and 16 feet for shared driveways; however, in any case, the maximum width shall not exceed 24 feet.
7. 
All driveways shall be separate from any property line by a planting strip of not less than three feet in width and from all fire hydrants a distance of five feet.
8. 
Driveway profiles shall conform to the slope guidelines in accordance with the PennDOT criteria.
9. 
Driveways shall be protected with a clear sight triangle. Two apexes of the triangle shall be located in both directions along the street centerline, 75 feet from a point where the centerline of a driveway and the street intersect. The vertex of the triangle shall be located along the centerline of the driveway, on the site and five feet from the property or street right-of-way. No permanent obstructions and/or plant materials over three feet high shall be placed within the clear sight triangle.
[Ord. No. 2024-02, 6/11/2024]
1. 
All driveways shall be constructed in a manner that will not impede or divert the normal flow of surface drainage. At the point where any driveway adjoins a public road the driveway shall have the same degree of slope as the existing shoulder and in no case less than one inch per foot of drop, with the low point in line with the existing gutter line. Drainage pipes shall not be used in connection with the construction of any driveway unless and until written approval is obtained from the Township Roadmaster.
2. 
The Township may require that stormwater runoff calculations be submitted in order to determine the amount of additional stormwater that will be discharged onto a public road. If it is determined that the additional stormwater runoff will create problems for existing facilities, such as gutters and/or existing drainage pipes, the Township may refuse a permit until appropriate measures are taken to eliminate the potential problem.
3. 
All driveways shall be constructed in a manner, which will prevent mud, stones and other debris from being deposited on the right-of-way of any public road.
4. 
During Construction all construction entrances shall have a minimum of 50 feet in length of #3 or #4 stone to prevent sediment tracking on to roadways. Stone shall be at least six inches thick and a minimum of 10 feet in width. Sediment shall not be tracked on to the streets at any time. All sediment or any other material shall be cleared up and removed from the surface of the roadway immediately upon notice, either verbal or written, from the Township. Failure to immediately clear up the sediment or other material from the roadway constitutes a violation of this Part which makes the applicant subject to the fine contained in § 21-610.
[Ord. No. 2024-02, 6/11/2024]
1. 
Only one driveway per lot shall be permitted.
2. 
The Board of Supervisors may require the use of shared driveways, where possible, to minimize access points along existing and proposed roadways and access drives.
[Ord. No. 2024-02, 6/11/2024]
1. 
Any person, owner and/or contactor shall, prior to obtaining a driveway permit, file an application, on an application form supplied by the Township, reflecting and showing the location of the driveway relative to the premises and designating the course, grade, structure, materials and drainage facilities, if any, involved in the construction of the driveway.
2. 
The Engineer or the Roadmaster of the Township shall review the application. The Engineer or Roadmaster shall determine if the proposed method of constructing or making said connection, as reflected on the application, is that it will: (A) minimize the adverse impact of stormwater runoff or surface drainage resulting from said connection; (B) not cause damage to the road to which the driveway is to be connected; and (C) not create or increase hazardous driving conditions for those persons using the road to which the driveway is to be connected.
3. 
If found satisfactory by the Engineer or Roadmaster, the Roadmaster will issue, or cause to be issued, the permit. If the plan is found deficient or if in the opinion of the Township Engineer or Roadmaster the plan could be improved so as to: (A) minimize the adverse effect of stormwater runoff; (B) lessen drainage to the public road to which the driveway is to be connected; or (C) lessen hazardous driving conditions on the road to which the driveway is to be connected (including provisions for a clear sight triangle), the Engineer or Roadmaster shall, by written communication to the owner, notify him of the changes to be made. The applicant shall immediately make such changes and return the revised plan to the Township. When such plan is in acceptable form, the Roadmaster shall approve and issue the permit.
4. 
The Township Code Officer and/or Roadmaster shall, as necessary, inspect the driveway and confirm that it conforms to the requirements of the applicable permit, and all applicable Township ordinances. Such inspection (and any permitting hereunder) shall not constitute any representation as to the safety or efficacy or design or installation. No paving of any driveway shall commence until the Township Code Officer or Roadmaster has inspected the site and approved the work to be performed.
[Ord. No. 2024-02, 6/11/2024]
All construction in any way incidental to the installation or repair of the driveway shall be performed in strict conformance with the approved plans. After the proposed driveway has been stoned in, but before the driveway has been blacktopped, the person to whom the permit has been issued shall notify the Township Roadmaster. The driveway shall not be blacktopped until the stoned in area has been inspected and approved by the Roadmaster or his designated representative.
[Ord. No. 2024-02, 6/11/2024]
Any owner, person and/or contractor who or which shall violate any of the provisions of this Part shall be subject to a pay an enforcement penalty of up to $1,000 per day plus costs.