The following words and phrases, including the
plural, singular and all other forms thereof, when used in this article
shall have the meanings given them in this section, unless the context
clearly indicates otherwise:
APPLICANT
The applicant for a permit under this article concerning
a driveway who shall be the lot owner of the lot served, or to be
served, by the driveway.
DRIVEWAY
A private way providing for vehicular and pedestrian access
between a parking or other area on a lot and an abutting road (as
the term "road," is defined in this section), including:
A.
The entrance and exit of the way, which may
be on the lot and/or within the ultimate right-of-way lines of the
road; and
B.
All required and/or proposed drainage and other
structures, facilities and improvements appurtenant to the way.
DRIVEWAY WIDTH
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
EDGE OF PAVEMENT
The edge of the main traveled portion of a road, exclusive
of shoulder.
LAST PERMIT DECISION DATE
The last date on or by which the Township, under or pursuant
to the Act of July 9, 1976, P.L. 919, No. 170, as amended, 53 P.S.
§ 4104, or other applicable law, is required to render a decision
approving or denying a permit under this article.
LOT
A designated parcel, tract or area of land, which is established
by a plat or otherwise as permitted by law, that is, or is to be used,
developed or built upon as a unit.
LOT FRONTAGE
The extent to which a lot abuts a road, such extent being
the length of that portion of the ultimate right-of-way line of the
road abutting the lot.
LOT OWNER
The person who holds, of record, legal title to a lot. If more than one person holds such title, "lot owner" shall mean all such persons. For purposes of §
304-22 (providing for a permit) and §
304-26 (providing for post-installation deficiencies) of this article, "lot owner" shall mean the person or persons who hold, of record, legal title to a lot served, or to be served, by a driveway subject to those sections.
PennDOT DRIVEWAY RULES AND REGULATIONS
The rules and regulations of the Department of Transportation
of the Commonwealth of Pennsylvania set forth in Chapter 441, entitled
"Access to and Occupancy of Highways by Driveways and Local Roads,"
of Title 67 of the Pennsylvania Code, with all amendments and supplements
thereto and any new rules and regulations substituted therefor, as
in force at the time of application under this article.
PERSON
Any individual or any corporation, partnership, limited liability
company, business trust, syndicate, other association, government
entity, estate, trust, foundation or other entity recognized by law
as the subject of rights and duties.
ROAD
A.
Any road, highway, street, lane, alley, court,
easement or way, serving primarily as a means of vehicular and pedestrian
travel:
(1)
The dedication of which as a public street has
been accepted, conditionally or unconditionally, by the Township;
(2)
The dedication of which as a public street has
been offered to but not yet accepted, conditionally or unconditionally,
by the Township;
(3)
The dedication of which as a public street has
not yet been, but is intended to be, offered to the Township as part
of an approved and recorded final subdivision and/or land development
plan or otherwise; and/or
(4)
The maintenance of which as a public street
has been undertaken by the Township; and
B.
Any state or county road or highway over which
the Township has acquired jurisdiction. "Road" shall include the entire
width between the ultimate right-of-way lines of such road, highway,
street, lane, alley, court, easement or way.
ROAD CLASSIFICATION
The classification of a road as one of the following classes: semicontrolled access highway; feeder road; residential/rural road; rural road; and cul-de-sac road. Such classes are defined in the Subdivision and Land Development Ordinance [Chapter
310]. A semicontrolled highway shall be the highest classification, and a cul-de-sac road shall be the lowest classification.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
Chapter
310 of the Code of the Township of Upper Pottsgrove, known as the "Upper Pottsgrove Subdivision and Land Development Ordinance," with all amendments and supplements thereto and any new ordinance substituted therefor, as in force at the time of application under this article.
TOWNSHIP
The Township of Upper Pottsgrove, Montgomery County, Pennsylvania.
TOWNSHIP ENGINEER
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Township or
engaged specially as a consultant to the Township.
ZONING ORDINANCE
Chapter
350 of the Code of the Township of Upper Pottsgrove, known as the "Upper Pottsgrove Zoning Ordinance of 1976, as amended," with all amendments and supplements thereto and any new ordinance substituted therefor, as in force at the time of application under this article.
No driveway, or any part thereof, shall be laid
out, located, designed, constructed, erected, installed, opened and/or
altered except in strict conformance with the provisions of this article
including, without limitation, applying for and obtaining a permit
and paying and making deposits for fees and costs as set forth in
this article.
The driveway shall be designed and constructed
in accordance with the following:
A. Width. The driveway shall have a minimum width of
10 feet, except that a minimum width of 15 feet shall be provided
at the driveway entrance and over any swale or drainage pipe.
B. Radius. A minimum radius return of five feet shall
be provided at the driveway entrance.
C. Curb. Where curb is involved, the curb shall be depressed
to a height of 1 1/2 inches above the gutter line, and the curb
depression shall be two feet wider than the driveway.
D. Paving. That portion of a driveway, within 25 feet
of the center line of the abutting road, shall be paved to the full
width thereof. Such length of paving may be increased by the Township
in cases of long driveways, areas of drainage problems, and/or other
conditions deemed by the Township as warranting additional paving
length. The paving of the driveway shall consist of two inches minimum
depth of ID-2 on four inches minimum depth of crushed stone.
E. Slopes. Within 20 feet of the edge of pavement, the
slope of the driveway profile shall not exceed 4% and shall not be
less than 1%. Beyond such 20 foot point, the slope of the driveway
profile shall not exceed 13%. The cross slope of the driveway paving
shall be 3/8 inch per foot.
F. Pipe. The Township, upon field investigation, shall
determine whether a drainage pipe shall be installed under the driveway.
The design and size of the pipe, when required, shall be determined
by drainage computations using a five year storm frequency. The minimum
diameter of the pipe shall be 15 inches. The pipe shall be either
corrugated galvanized metal pipe or concrete pipe. The pipe shall
be located at least six feet from the edge of pavement unless field
conditions, upon Township inspection, indicate a different location.
The minimum length of the pipe shall be either 20 feet or such other
length as shall extend at least two feet on each and beyond the edge
of the driveway paving, whichever length is greater.
G. Swale. The Township, upon field investigation, shall
also determine whether a swale shall be used. When a swale is used,
the gutter shall be at least six inches lower than and at least six
feet from the edge of pavement. The requirements of this subsection
may be modified by the Township as field conditions warrant.
H. Non-single-family residential driveway. A driveway for other than a single-family residential use shall be designed and constructed in accordance with all the requirements applicable to residential streets, with the exception of right-of-way requirements, as set forth in the Subdivision and Land Development Ordinance [Chapter
310]. The provisions of this subsection shall supersede and have control over inconsistent provisions of §
304-18 (providing for driveway location) of this article and inconsistent provisions of Subsections
A through
G (providing for certain design and construction requirements) of this section.
If any location, design or construction requirement of a driveway under §
304-18 and/or §
304-19 of this article cannot be met, the Board of Commissioners may, upon request of the applicant and upon recommendation of the Township Engineer, waive the requirement if the following conditions are satisfied:
A. No other reasonable access to the lot is available
which will either meet the requirement or deviate from the requirement
to a lesser extent.
B. The applicant has done all that can reasonably be
done to satisfy the requirement.
C. If additional land is required to meet the requirement,
the applicant provides satisfactory evidence that the additional land
cannot be acquired at a reasonable price.
D. No traffic problem will be created.
E. To the extent that the requirement is also provided under and by the Zoning Ordinance [Chapter
350], the applicant applies for and obtains a final unappealable decision of the Zoning Hearing Board granting a variance or other appropriate relief permitting the deviation from the requirement as set forth in the Zoning Ordinance [Chapter
350].
F. The applicant executes an indemnity agreement satisfactory
to the Township, binding upon the applicant and the heirs, personal
representatives, successors and assigns of the applicant, and inuring
to the benefit of the Township, its officials, employees and agents.
No more than one driveway for the same lot shall
be permitted, unless the lot frontage of the lot exceeds 300 feet,
in which case one additional driveway may be permitted upon a demonstration
by the applicant of the need for the additional driveway. In no case
shall more than two driveways for the same lot be permitted. Each
driveway shall comply with the provisions of this article.
Upon and together with the filing of an application for a permit under §
304-22 of this article and the making of the initial deposit for review fees and costs under §
304-24A(2) of this article, the applicant shall pay to the Township an application fee to defray the administrative costs and expenses of the Township in processing the application. The amount of the application fee shall be established from time to time by resolution of the Board of Commissioners.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $1,000, plus costs, and, in default of payment
thereof, shall be subject to imprisonment for a term not exceeding
30 days. A violation of the terms and conditions of any permit issued
under this article shall be considered a violation of this article.
Each day that a violation of this article continues shall constitute
a separate offense and violation of this article.