This chapter shall be known and may be cited as the "Manheim Borough Driveway Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Manheim 5-16-2025 by Ord. No. 692. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the meaning ascribed thereto, except where the context thereof clearly indicates another meaning:
The Borough of Manheim, Lancaster County, Pennsylvania.
The traveled portion of any road including the shoulder.
The official designated by the Council to enforce the provisions of this chapter.
The person who or which installs a driveway, including all agents, officers or employees of said person.
The Borough Council of Manheim Borough, Lancaster County, Pennsylvania.
Any lane, path or other area of land used by the owner or occupant of property within the Borough as a means of access to and from the cartway of a public road.
The owner, his heirs and assigns, of the land upon which the proposed driveway will be located or an existing driveway is located.
Bituminous or Portland cement surface, three-inch-minimum thickness.
The Department of Transportation of the Commonwealth of Pennsylvania and any successor agency.
An individual, group of individuals, partnership, corporation or association, whether incorporated or otherwise, and any other legally recognized entity and the officers of such corporation and the members of such partnership or association.
The total width, including the cartway, of a road.
Any road, street, alley paved or unpaved or other thoroughfare owned or maintained by the Borough as part of its public road system or offered for dedication to the Borough.
A.
No person, owner and/or contractor shall hereafter install a driveway or any portion thereof without first obtaining a permit from the Borough.
B.
No person, owner and/or contractor shall hereafter reconstruct, repair or resurface (excluding paving of an existing unpaved driveway and application of liquid sealers to an existing driveway) a driveway or portion thereof on or within any Borough right-of-way in a manner that will increase the area, intensity of use, or change the use, without first obtaining a permit from the Borough.
A.
All driveways shall be constructed in a manner that will not impede or divert the normal flow of surface drainage. The grade and construction of all driveways shall be in accordance with PennDOT standards and specifications which are incorporated herein by reference thereto.
B.
The sight distance for all driveways shall comply with the requirements for state highways prescribed by PennDOT, as codified at 67 Pa. Code § 441.8, any amendments and addenda thereto.
C.
Single-family residential driveways shall have a minimum width at the street right-of-way of 10 feet and a maximum width at the street right-of-way of 20 feet. The number of driveway entrances per dwelling shall be one.
D.
No curb cut shall exceed 24 feet in width, unless required by PennDOT.
E.
Access shall be provided to the street of lesser classification when there is more than one street classification involved.
F.
Driveways shall not connect with a public street within 40 feet of the right-of-way lines of any intersecting streets, within five feet of a fire hydrant, nor within three feet of adjoining lot lines.
G.
All driveways shall be paved with concrete or bituminous paving material.
H.
A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way line.
I.
Driveways shall not be constructed in a manner to be inconsistent with the design, maintenance and drainage of the street.
J.
When a proposed driveway has access to an arterial or collector road as defined by § 220-37 of the Zoning Ordinance, the Borough may require the use of a turn-around area to prevent vehicles from backing onto the street.
K.
Any driveway/access drive intersecting with a state-owned road shall require the obtainment of a permit from the Pennsylvania Department of Transportation.
A.
Any person, owner and/or contractor shall, prior to obtaining a driveway permit, file an application, on an application form supplied and approved by the Borough. The applicant shall include with the application form a plan containing the following information:
(1)
Cartway width of the public road to which applicant desires to connect the driveway.
(2)
Location of driveway, including distance from both side property lines.
(3)
Width of proposed driveway.
(4)
Sight distance from each direction.
(5)
Grade of proposed driveway.
(6)
Construction materials for proposed driveway.
(7)
Anticipated traffic volume for proposed driveway.
(8)
If the application is for a low-volume driveway where 100 or more trips per day are projected, a medium-volume driveway or a high-volume driveway, the signature and seal of the professional engineer who prepared the plan.
B.
The Code Enforcement Officer shall review the application. The Code Enforcement Officer may request that the Borough Engineer or Public Works Director also review the application. The Code Enforcement Officer may consult with the Borough Engineer or Public Works Director to determine if the proposed method of constructing or making said connection, as reflected on the application and plan, is such that it will: 1) minimize the adverse impact of stormwater runoff or surface drainage resulting from said connection; 2) not cause damage to the road to which the driveway is to be connected; and 3) not create or increase hazardous driving conditions for those persons using the public road to which the driveway is to be connected. If found satisfactory by the Code Enforcement Officer, Public Works Director or Borough Engineer, the Code Enforcement Officer will issue, or cause to be issued, the permit.
C.
If the plan is found deficient, or if in the opinion of the Code Enforcement Officer, Public Works Director, or Borough Engineer the plan could be modified so as to: 1) minimize the adverse effect of stormwater runoff; 2) lessen drainage to the public road to which the driveway is to be connected; or 3) lessen hazardous driving conditions on the public road to which the driveway is to be connected, the Code Enforcement Officer, Public Works Director, or Borough Engineer shall, by written communication to the owner, notify them of the changes to be made. The applicant shall make such changes and return the revised plan to the Borough. When such plan is in acceptable form, the Code Enforcement Officer shall approve the plan and will issue, or cause to be issued, the permit. If the applicant refuses to make such changes, the application shall be deemed denied for the reasons set forth in the written communication, and the date of the written communication shall be the date of the denial of the application.
D.
The applicant may appeal a denial of an application to the Council. The appeal shall be made within 10 days to the Council by filing written notice of the appeal with the Secretary of the Borough. The Council shall thereafter hold a hearing and render a decision on the refusal to issue a permit pursuant to the provisions of the Local Agency Law, Section 5, 2 Pa.C.S.A. § 551 et seq.
The application shall be accompanied by such fee or fees as the Council shall prescribe from time to time by resolution or ordinance not exceeding the approximate reasonable cost of processing and reviewing the application and making any necessary inspections. No application is complete without the required fees.
A.
All construction in any way incidental to the installation of the driveway or for the repair of a driveway for which a permit is required under this chapter shall be performed in strict conformance with the permit and the approved plans.
B.
Required inspections.
(1)
After the proposed driveway has been stoned in, but before the driveway has received final surfacing, the permit holder shall notify the Code Enforcement Officer or Public Works Director. The driveway shall not be final surfaced until the stoned-in area has been inspected and approved by the Code Enforcement Officer or Public Works Director or their designated representative. In the event the owner and/or contractor fails to notify the Code Enforcement Officer or Public Works Director prior to placing the final surface, the Borough may direct the owner and/or contractor to remove the final surface in order that the inspection may be completed. Such removal shall be at no expense to the Borough.
(2)
After the driveway has received final surfacing or any repair has been completed, the permit holder shall notify the Code Enforcement Officer or Public Works Director, who shall perform a final inspection.
C.
The contractor shall utilize procedures and/or traffic control devices as necessary for the maintenance and protection of traffic in strict accordance with PennDOT publication 203, "Work Zone Traffic Control," unless otherwise directed in writing by the Code Enforcement Officer.
D.
Where any settlement or defect in the work occurs, the permit holder shall correct all defective work. If the permit holder fails to rectify any such settlement or other defect within 60 days after written notice from the Borough to do so, the Borough may do the work and shall impose upon the permit holder the cost thereof, together with an additional 20% of such cost. The Borough may secure payment of such costs and penalties by filing a municipal claim.
Each driveway, whether serving the same premises or not, shall require an individual application and an individual permit.
The provisions of this chapter relating to driveways are intended as a minimum standard for the protection of public health, safety and welfare. If the literal compliance with any mandatory provision of this chapter relating to driveways is shown by the applicant, to the satisfaction of the Council, to be unreasonable or to cause undue hardship as it applies to a particular property, or if the applicant shows that an alternative proposal will allow for equal or better results, the applicant for a permit may request that the Council grant a waiver from such requirement. An applicant shall make a request for a waiver in writing, and the applicant shall reimburse the Borough for any costs the Borough Engineer incurs to review a waiver request. The Council may grant a waiver from such mandatory provisions so that substantial justice may be done and the public interest secured while permitting the reasonable utilization of the property. However, the granting of a waiver shall not have the effect of making null and void the intent and purpose of this chapter. In granting waivers, the Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
The grant of a permit under this chapter shall not constitute a representation, guarantee or warranty of any kind by the Borough or by any official or employee thereof of the practicability or safety of the proposed driveway and shall create no liability upon the Borough, its officials, or employees.
A permit issued under this chapter shall be valid for 12 months from the date of issuance. The Code Enforcement Officer may at their discretion grant one extension of the permit for up to six months upon written application of the person to whom the permit was issued prior to the expiration of the permit. The application for extension must indicate good cause for the failure to complete work within the twelve-month time period. A permit shall not expire while a request for an extension is pending.
Any person who violates any provisions of this chapter, upon conviction thereof, by summary proceedings, shall be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs of prosecution for the first such conviction and no less than $100 nor more than $1,000 plus costs of prosecution for the second or subsequent violation.
In addition to or in lieu of the penalties provided in § 191-12 of this chapter, the Borough may institute legal action to abate violations of this chapter and to obtain injunctive relief.
Issuance of a permit under this chapter does not constitute compliance with any other Borough ordinances or regulations, including but not limited to the Zoning Ordinance, Subdivision and Land Development Ordinance and Stormwater Management Ordinance.[1] An owner shall obtain any necessary permits under the Zoning Ordinance, Subdivision and Land Development Ordinance and Stormwater Management Ordinance prior to installing a driveway.
All ordinances and resolutions, or parts thereof, which are inconsistent with the provisions of this chapter, are hereby repealed to the extent necessary to give this chapter full force and effect.
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionally, illegality or invalidity shall not affect or impair any of the remaining provisions sentences, clauses, sections 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 sentence, clause, section or part thereof not been included herein.
This chapter shall become effective at the earliest date permitted by law following the date of its enactment.