[Adopted 2-5-1998 by Ord. No. 98-1; amended
in its entirety 1-8-2009 by Ord.
No. 2009-01]
The purpose of this article is to establish regulations and procedures for the design, installation and use of driveways accessing roads or streets owned and controlled by Upper Frederick Township. This article is intended to govern the construction of new driveways which are not otherwise governed by the provisions of Chapter 240, Subdivision and Land Development, of the Code of the Township of Upper Frederick, and is also specifically intended to apply to the resurfacing of existing gravel driveways which are to be converted to macadam or concrete. It is hereby declared that the enactment of this article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of Upper Frederick Township.
No driveway having an outlet or access to any Township street
or road shall hereafter be laid out or opened unless it complies with
the provisions of this article and any other applicable ordinances
or regulations of the Township of Upper Frederick which are not inconsistent
herewith.
A.
Prior to the construction of any driveway opening or access to a
Township street or road, a property owner must file a driveway permit
application with Upper Frederick Township, including a driveway sketch,
profile plan and location map which must be approved by the Upper
Frederick Township Road Foreman or other official designated by the
Upper Frederick Township Board of Supervisors. A driveway permit must
be issued prior to construction of the driveway opening or access.
[Amended 11-18-2010 by Ord. No. 2010-05]
B.
The issuance of a driveway permit by the Township or by PennDOT shall
be required prior to the issuance of a permit for new construction
or other use that would require driveway access. No building permit
shall be issued, nor any occupancy permit shall be issued as to any
improvement or improvements in any district in this Township, until
the application for a driveway permit shall have been made in writing
and a permit approved by the Township authorities or other authority
which may have jurisdiction over the road.
C.
Following the issuance of the driveway permit and the use and occupancy permit by the Township, the property owner shall comply with all specifications and requirements of this article, including the minimum pavement distance, within eight months of the issuance of the use and occupancy permit. Failure to comply with the eight-month period will result in the Township drawing upon the escrow established in § 235-39B of this article to complete the required driveway improvements.
A.
The driveway shall have a minimum width of 12 feet with twenty-two-foot
width used at the entrance and over the pipe or swale, if necessary.
A radius turn of five feet minimum shall be used at the driveway entrance.
Where curb is involved, the curb depression shall be two feet wider
than the driveway and depressed 1 1/2 inches above the gutter
line.
B.
The driveway profile shall not exceed 4% within 20 feet of the edge
of payment and be no less than 1%. Beyond this point, the driveway
slope shall not exceed 13%. The pavement cross slope shall be 3/8
inch per foot.
C.
All drives shall be paved for a minimum distance of 20 feet from
the edge of the pavement. This may be extended by the Township for
long drives and areas with drainage problems. Any portion of a driveway
with a slope in excess of 7% shall be paved. Paved driveways shall
consist of two inches minimum depth Superpave wearing course material
on a four-inch-minimum-depth, PennDOT-approved subbase material.
D.
The Township Road Foreman or other official designated by the Board
of Supervisors, upon field inspection, shall determine whether a pipe
shall be used under the drive. The pipe, when required, shall be determined
by drainage computations using five-year storm frequency. The minimum
pipe size shall be 15 inches in diameter, or as otherwise recommended
by the Township Road Foreman, and can be either corrugated galvanized
metal or HDPE corrugated plastic pipe. The pipe shall be located at
least six feet from the edge of pavement unless field conditions,
upon Township inspection, indicate modification of this criteria.
The minimum length of pipe shall be 20 feet or extend at least two
feet on each end beyond the edges of the driveway pavement.
[Amended 11-18-2010 by Ord. No. 2010-05]
E.
When swales are used, the gutter shall be at least six inches lower
than the edge of pavement and six feet from the edge of roadway. This
criteria may be modified by the Township if field conditions dictate
such.
F.
Driveways for other than single-family residential use shall be designed
in accordance with all criteria for residential streets with the exception
of right-of-way requirements.
G.
Properties with frontages of 400 feet or less shall be limited to
one driveway. Not more than two driveways shall be provided to any
single property tract or business establishment. Agricultural uses
may be exempt from this requirement as permitted by the Township.
H.
Sight distance. A minimum safe sight distance shall be provided and
maintained at all times pursuant to PennDOT Title 67, Chapter 441.8(h)(1).
I.
All driveways on corner lots shall be located at least 75 feet from
the nearest curblines of local roads and 100 feet from the nearest
curblines of collector roads. Additional distance may be required
based on classification of the streets and/or volume of traffic on
the streets. Where no curbs are in place, the edge of pavement shall
be used. Exceptions can be made where zoning requirements permit lot
widths less the minimum.
J.
Driveways shall intersect streets as nearly as possible at right
angles and, in no case, at an angle of less than 70° or more than
110°.
K.
Where a driveway contains a curve, a minimum radius of 50 feet shall
be maintained.
L.
Nothing shall be allowed within the road right-of-way in association
with the construction of the driveway (or otherwise), including, but
not limited to, gates, landscaping rocks, pillars or trees/shrubs.
Any lockable gated driveway shall contain a Knox-Box approved by the
Township to assure emergency access can be maintained.
A.
The permittee/contractor shall comply with Pennsylvania Act 172 by
calling three days prior to any open excavation and/or boring.
B.
Tire scrubber (No. 4 ballast or equivalent) shall be installed and
maintained at all times during all phases of construction. Permittee/contractor
shall keep all dirt, mud, stone and other debris cleaned off the road
on a daily basis or as needed, whichever shall first occur. The area
over which tire scrubber shall be installed must be a minimum of 12
inches in depth from the roadway and 12 feet in length. The tire scrubber
shall be filled to approximately two inches below the existing road
level.
C.
No "track equipment" shall be loaded on Township paved roadway. If
conditions require the same, street pads must be used. Note: Permittee/contractor
shall be responsible for repairing of any/all road surface and/or
shoulder area damaged during construction.
D.
For newly constructed driveways, resurfaced driveways and driveways
converting to macadam, the permittee/contractor shall notify the Public
Works Department 48 hours prior to installation of blacktop for inspection
of stone grade and cross section. Note: Failure to notify may require
removal and replacement of bituminous materials.
A.
The fee for a driveway access permit shall be established by resolution
adopted by the Board of Supervisors and shall be part of the Upper
Frederick Township Fee Schedule.
B.
A driveway construction escrow shall be established by a permittee/contractor for a driveway permit to access a Township street or road, and the amount of the escrow shall be in accordance with the Township's Fee Schedule. The escrow must be paid to the Township prior to the issuance of a driveway permit. The amount of the required escrow in excess of the amount indicated within the Township's Fee Schedule, if any, will be determined by the Township Road Foreman or other official designated by the Board of Supervisors upon final inspection and approval of the proposed location. This fee is to cover the completion of improvements should the permittee fail to do so as required by § 235-36C. Any moneys remaining in the escrow account will be refunded to the permittee once construction is complete and a final inspection is made.
[Amended 11-18-2010 by Ord. No. 2010-05]
C.
Upon completion of construction, the permittee shall notify the Township
Road Foreman, or other official designated by the Board of Supervisors,
and request a final inspection. An inspection fee, in an amount as
established from time to time by resolution of the Board of Supervisors,
will be assessed against the permittee/contractor.
[Amended 11-18-2010 by Ord. No. 2010-05]
A.
Except when the Township undertakes a major road or drainage improvement
project that involves existing driveways, all driveways shall be maintained
by the property owner in such a manner as not to interfere with the
design, maintenance and drainage of local streets or the safe and
convenient passage of traffic upon the streets. The Township shall,
at its option, be responsible for the cost of any driveway improvements
made as part of a road or a drainage improvement project.
[Amended 11-14-2013 by Ord. No. 2013-04]
B.
All driveways shall be maintained in such a manner so as to comply
with the requirements under which they were permitted.
C.
Driveways shall be maintained clear of debris, vegetation or other
obstructions that would compromise the passage of vehicles, including
emergency services vehicles, over the driveway. Such clear area shall
be 15 feet wide and 15 feet high centered on the driveway.
The provisions of this article are intended as a minimum standard
for the protection of public health, safety and welfare. Any person
desiring a waiver of the requirements of this article shall make application
for such waiver in writing, identifying the section of the article
from which a waiver is requested, the reasons for the waiver, and
the alternative proposed. If the literal compliance with any mandatory
provision of this article is shown by the applicant, to the satisfaction
of the Board of Supervisors, 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 Board of Supervisors may grant a waiver from such mandatory
provisions so that the intent of the article can be achieved 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
article. In granting waivers, the Board of Supervisors may impose
such conditions as will, in its judgment, secure substantially the
objectives of the standards and requirements of this article.
A.
It shall be a violation of this article to commit or to permit any
other person to commit any of the following acts:
(1)
To commence activities for which this article requires a permit before
obtaining a permit or in violation of the terms or conditions of any
permit issued under this article;
(2)
To misuse or fail to maintain any driveway installed upon a property;
(3)
To place intentionally false information on or intentionally omit
information from an application for a permit under this article; or
(4)
To fail to comply with any other provision of this article.
B.
Any person, firm or corporation who shall violate any provision of
this article, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000, plus costs, including
attorney fees, and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
C.
In addition or in lieu of the penalties provided in § 235-42B, the Township may proceed against the violator in a court of equity to obtain injunctive or other relief to abate the violation.
D.
In addition or in lieu of the penalties provided in § 235-42B, the Township Road Foreman or other official designated by the Board of Supervisors may revoke any permit issued under this article when the permit holder has violated the provisions of this article.
[Amended 11-18-2010 by Ord. No. 2010-05]
Any property owner affected by a decision of any official of
the Township may file an appeal to the Board of Appeals, as established
by § 12-10 of the Code of the Township of Upper Frederick.
The notice of appeal shall:
