[HISTORY: Adopted by the Borough Council
of the Borough of Mount Pocono 5-19-1993 as Sections 5 through 8 of Ord. No. 3-1993. Amendments noted where applicable.]
Any person desiring to construct, lay out or
resurface a driveway shall make application to the Borough Office
for approval of the location, design and construction specifications
of such construction. Application forms will be available at the Borough
Office upon request. The construction, layout or resurfacing of a
proposed driveway shall not proceed prior to the receipt of a written
permit, signed by the Zoning Officer of the Borough, approving the
application and plans as submitted or approving the same with such
reasonable terms and/or conditions as the Borough may deem necessary
and appropriate. A "driveway" shall be defined as any means for passage
of vehicles providing access to any street. The Borough Zoning Officer
may, in his discretion, refer any application to the Borough Engineer
and/or the Borough Planning Commission for recommendation.
Upon the grant of a permit, the work shall be
accomplished in accordance with the following conditions:
A.
All driveways shall be located, designed and constructed
in such a manner as not to interfere or be inconsistent with the design,
maintenance and drainage of the street upon which said driveway exits.
B.
Access driveways should be located to such a manner
that they will not cause the following: interference to the traveling
public; a hazard to the free movement of normal traffic; or areas
of undue traffic congestion on the street. In accordance with this
principle, driveways should be located where the street alignment
and profile are favorable, i.e., where there are no sharp curves,
or steep grades, and where sight distance in conjunction with the
driveway access would be adequate for safe traffic operation.
C.
Access driveways should not be located at intersections
or locations that would interfere with the placement and proper functioning
of street signs, signals, detectors, lighting or other devices that
affect traffic control. The location of a driveway near a signalized
intersection that has an actuated traffic signal may include a requirement,
subject to the approval of PennDOT, that the permittee provide (without
expense to the Borough) additional detectors for the control of traffic
movement from his establishment or for relocation of existing detectors.
D.
Where curbs exist, driveway approaches shall be installed
1 1/2 inches above the adjacent street or gutter grade to maintain
the proper drainage.
E.
The vertical alignment of all driveways shall provide
a leveling area not exceeding 4% for a distance of 25 feet outside
of the street right-of-way line.
F.
The permissible number, arrangement and width of driveways
shall be governed in part by the street frontage of the abutting private
property. The number of driveways permitted shall be the minimum number
required to serve adequately the needs of the abutting property. Frontages
of 80 feet or less shall be limited to one driveway. Not more than
two driveways shall be permitted for any single property tract or
business establishment. Exception may be made where the frontage exceeds
500 feet in length. Decision of the Zoning Officer denying a permit
for an additional driveway may be appealed to Borough Council, who
may refer the matter to the Planning Commission for its recommendation.
G.
The location and angle of an access driveway approach
in relation to the street shall be such that a vehicle:
H.
Where the access driveway approach and street pavement
meet, flaring of the approach may be necessary to allow safe, easy
turning of the vehicle when entering or departing from the driveway.
I.
No part of any access driveway shall be constructed
outside of the applicant’s frontage or projection thereof.
J.
Each business establishment shall provide sufficient
parking or storage space off the right-of-way to prevent the parking
or storage of vehicles on the driveway or the backing up of traffic
on the streets.
K.
No part of the street right-of-way shall be used for
servicing of vehicles, displays or conducting a private business.
The area between the edge of the pavement and the right-of-way line
shall be kept clear of all buildings, sales exhibits, business signs,
parking areas, service equipment, etc.
L.
Improvements on private property adjacent to the right-of-way
shall be so located that parking, stopping and maneuvering of vehicles
on the right-of-way will not be necessary in order for vehicles or
patrons to be served properly. (For example, liquid fuel pump islands
of service stations shall be installed a minimum of 12 feet outside
the street right-of-way line; however a greater setback is recommended
to provide additional clearance for large vehicles.)
M.
Driveways designed and constructed to provide for
two-way movement of vehicles shall form an angle of intersection of
90° with the street line or as near thereto as site conditions
permit.
N.
Multiple driveways designed and constructed to provide
for one-way movement of vehicles may form an angle of intersection
of less than 90° with the street line but under no circumstances
shall the angle of intersection be less than 45°.
O.
The corner clearance shall be a minimum of 30 feet,
provided that in the event the street return exceeds 20 feet the corner
clearance shall exceed the street return radius by 10 feet.
P.
No access driveway shall be located within 10 feet
of the property frontage boundary line, except in those cases where
an access driveway is common to two adjacent properties.
Q.
Fuel pump islands: 12 feet minimum outside the street
right-of-way line. Commercial and/or industrial activities: sufficient
distance shall be provided to accommodate intended parking stalls
and parking access aisles, without utilization of any portion of the
street right-of-way.
R.
Access to off-street parking and loading areas. Access to off-street parking and loading areas shall be provided in accord with § 215-22F.
[Amended 7-6-2009 by Ord. No. 4-2009]
S.
Access driveways shall be located at a point of optimum
sight distance along the street within the property frontage limits.
The profile of the driveway and the grading of the right-of-way area
shall provide a maximum sight distance so that the operator of a vehicle
departing from such a driveway will have optimum visibility in either
direction along the street. Where adequate sight distance cannot be
attained, the location of the driveway will be at the discretion of
the Borough Engineer.
T.
All driveways shall be constructed in such a manner
as not to impair drainage within the street right-of-way, alter the
stability of the street subgrade or materially change the drainage
of adjacent areas. Where open shoulder or berms exist the grade of
a paved access driveway(s) shall slope away from the highway pavement
at the same rate as the existing shoulder (unless advised to the contrary
by the Borough Engineer) for the prevailing width of the shoulder.
The gradient of the driveway beyond the shoulder line to a line 25
feet beyond the right-of-way line shall be not less than 1/16 inch
per foot nor greater than 1/2 inch per foot. Where a drainage ditch
or swale exists, a "C" ditch or swale shall be constructed to convey
storm water runoff across the driveway beyond the shoulder line or
an adequate pipe shall be installed under the driveway by the permittee
in accordance with Borough specifications. The minimum diameter of
such drainage pipe shall be 15 inches unless a larger size shall be
specified by the Borough Engineer.
U.
Residential: The driveway surface within the street
right-of-way shall be similar or superior to the existing street surface
beyond the street pavement line. The minimum driveway surface shall
consist of stabilized material. Commercial or industrial: The driveway
surface shall be of asphaltic or cement concrete material in accordance
with the recommendations of the Borough Engineer.
V.
The shoulder or berm area leading to the entrance
driveway of a business establishment or other developments may be
paved for a suitable distance, to permit vehicles to decelerate or
accelerate in safety when entering or leaving the property. Such paving
shall be limited to the area in front of the abutting property and
shall be done by the property owner, at his expense, in accordance
with Borough and/or PennDOT specifications.
W.
Special attention will be given to permit requests
for the construction of access driveways to large business establishments,
shopping centers, outdoor theaters, etc., particularly when the volume
of traffic generated may necessitate acceleration and deceleration
lanes, standby lanes, "jughandles," channelization, etc. In all such
cases, the permittee is advised that costs incident to the construction
of such additional roadway improvements shall be at no expense to
the Borough. Such work shall be constructed under the supervision
and inspection of the Borough.
A.
Work authorized by a Borough driveway permit for construction
of an access driveway shall be performed at such time and in such
manner as to conform to all requirements and standards specified herein.
The applicant must advise the Zoning Officer when the work will commence
and the approximate date of completion of the work. No trenches may
be backfilled, or culvert pipes covered or paved over until the Zoning
Officer inspects such work. Such work may be inspected by a representative
of the Borough at any time, but at a minimum, such work will be inspected
twice, once during the work prior to backfilling any excavations,
including trenches or culvert pipes, and an additional final inspection
upon completion of the work. Upon receipt of a completion notice from
the permittee, the Borough Zoning Officer shall do a final inspection
of the work within two working days.
B.
It shall be the obligation of the applicant to notify
the Zoning Officer when any excavation will be backfilled and paved.
Failure of the applicant to so notify the Zoning Officer, so as to
give the Zoning Officer the opportunity to inspect the work prior
to backfilling and paving shall be cause for revocation of the permit.
C.
If an inspection of the work discloses that it is
not being or has not been properly performed, the permittee will be
notified, in writing, by the Borough to take immediate steps, at his
or her own expense, toward placing the work in such condition as to
conform to said requirements and standards. Failure to immediately
correct such work in not less than five days shall result in revocation
of the permit.
D.
The Zoning Officer, following the final inspection,
shall immediately file a report with the Borough and forward a copy
thereof to the permittee.
All driveways, adjacent areas and areas between
such driveways including channelization, paving, drainage, etc., installed
by the permittee shall be maintained by the property owner in such
a manner as not to interfere or be inconsistent with the design, maintenance
and drainage of the street or the safe and convenient passage of traffic
upon the street. The term "adjacent area" shall apply only to that
area within the permittee's property or property line extended.
Fees for the permits contemplated by this chapter
shall be fixed by resolution of Council.
Any violations of this chapter shall constitute
a summary offense and, upon conviction, shall be punished by a fine
not to exceed $1,000, plus costs of prosecution, and, in default of
payment of such fine and costs, by imprisonment not to exceed 30 days.
Each day a violation of this chapter continues shall constitute a
separate offense.
