[HISTORY: Adopted by the Board of Supervisors
of Falls Township 3-21-2006 by Ord. No. 2006-5.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former
Ch. 189, Driveways, adopted 8-23-2000 by Ord. No. 2000-7, as amended
1-25-2001 by Ord. No. 2001-1.
This chapter shall be known as the "Falls Township
Driveway Ordinance."
A.
It is the intent and purpose of this chapter to regulate the construction and alteration of driveways, as that term is herein defined in § 209-5 of the Zoning Code, and consistent with § 209-43.1 of the Zoning Code, which open upon Township roads in the Township in order to provide safe access and protection to such Township roads.
A.
Any person who shall construct or alter a driveway
opening upon a Township road shall first make application to the Township
Zoning Officer or other official designated by the Board of Supervisors
for such construction or alteration; submit with the application plans,
as hereinafter provided, for such construction or alteration; and
obtain a permit for such construction or alteration.
B.
The application for such permit shall be on such forms
and shall be accompanied by such fees as the Board of Supervisors,
by resolution, shall from time to time prescribe.
C.
No permit for the construction or alteration of a
driveway shall be issued unless and until the application is fully
completed and application fee is paid; the plans required hereby are
fully completed and submitted with said application; the prescribed
fees are paid; and the application and plans indicate that the driveway
will be constructed or altered in full accordance with the terms of
this chapter.
The application for a permit for the construction
or alteration of a driveway shall be accompanied by plans which shall
indicate, at least, the following:
A.
Site plan of the driveway showing the portion thereof
lying within the ultimate right-of-way lines of the Township road
and the portion thereof lying without said ultimate right-of-way lines
but within 20 feet of the roadway pavement and further showing that
portion of the driveway and adjacent land within 25 feet to each side
of the center line of the driveway.
B.
Other driveways, streets, roads and other rights-of-way,
whether public or private, serving as a means of vehicular travel
within 100 feet or the center line of the driveway.
C.
A profile of the driveway with existing and proposed
grading within the area of the site plan which may be required by
any Township code or ordinance.
A.
All driveways for which a permit has been issued pursuant
to the terms of this chapter shall be subject to inspection, during
the period of construction or alteration at all reasonable times,
by the Township Engineer or other official designated by the Board
of Supervisors, to determine whether the same is being or has been
constructed or altered pursuant to the terms of the approved application,
plans and permit. Should the Township Engineer or such other designated
official determine that the construction or alteration does not comply
with the terms of the approved application, plans and permit, the
construction or alteration shall immediately cease and measures shall
be immediately taken by the permit holder to correct the deficiencies.
B.
The permit holder shall pay the Township a fee, or
fees, for such inspection in such amount as the Board of Supervisors,
by resolution, shall from time to time prescribe.
Any person, firm or corporation who or which
shall violate any provision of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $300 and/or to
imprisonment for a term not to exceed 30 days. Every day that a violation
of this chapter continues shall constitute a separate offense.
In addition to the penalties provided in § 189-6 of this chapter, and not in substitution thereof, the Township may, through action or proceeding at law or in equity, to prevent, restrain, correct, remove or abate any violation of the terms of this chapter; and the Township may, in its further discretion, in addition to other remedies herein provided, enter upon the lands where any driveway violating the provisions hereof exists and cause the same to be removed and recover the costs and expenses of such removal from the owners, occupier and/or contractor, all of whom are declared to be jointly and severally liable to the Township for such costs and expenses incurred.
