[Adopted 10-16-2006[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. IV, Driveways.
It is in the public interest to regulate:
A.
The location and construction of utility facilities
and other structures within the municipality's right-of way; and
B.
The location, design, construction, maintenance and
drainage of access driveways and private streets within the municipality's
right-of-way, for the purpose of ensuring the structural integrity
of the street, economy of maintenance, preservation of proper drainage,
and the safe and convenient passage of traffic.
For application to this article, the following
terms and phrases shall be defined as indicated.
A means, other than a street, which provides vehicular access
from a street or public road to a lot or property, i.e., a driveway
or private right-of-way.
The area of unobstructed vision at street or driveway intersections
defined by lines of sight between points at a given distance from
the intersection of the street and/or driveway center lines.
A minor vehicular right-of-way providing access between a
public or private street and a parking area or garage within a lot
or property.
The Township of Mahoning, Montour County, Pennsylvania.
All streets not dedicated, accepted, or maintained as public
streets.
All streets open to public use and maintained by, or dedicated
to and accepted by, Mahoning Township, the county, the state or the
federal government.
A.
No work shall be performed within the right-of-way
of any public road or street of the municipality involving the placing
or repair of utility facilities or other structures, opening of the
surface for any purpose, laying out or constructing driveways or roads
or any other means of ingress or egress, or altering of drainage without
first obtaining a permit from the municipality.
B.
Nothing in this section shall be construed to require a permit in advance for emergency repairs necessary for the safety of the public or restoration of service, but application for such permit and the fees shall be submitted as herein prescribed within five days after the commencement of the work. (See also § 207-25 below.)
The application for a permit shall be on a form
prescribed by the municipality and shall be submitted in triplicate
to the municipality's designated representative. The application for
a permit shall be accompanied by three copies of a plan detailing
the location and pertinent dimensions of the opening, the proposed
installation and related street features (width of traveled roadway,
right-of-way lines, distance to the nearest intersecting street and,
for driveways, distance to side property lot lines).
The application for a permit shall be accompanied
by the appropriate fee provided for in the Schedule of Fees set forth
by the Pennsylvania Department of Transportation for Highway Occupancy
Permits and Restoration Charges. Such fee shall cover the cost of
processing the application and the first inspection of the work. Fees
for additional inspections will be based on the cost of making the
inspection.
A.
Drainage control.
(1)
No increase in the flow of water onto the roadway
or right-of-way or onto the property of some other person will be
permitted without a drainage control plan.
(2)
If an increase of runoff as described in Subsection A(1) above will occur, appropriate releases shall be obtained from the owners of land receiving the increased runoff and shall be submitted to the municipality with the application. The drainage release shall be notarized and recorded in the Office of the Montour County Recorder of Deeds.
B.
Work standards. All work shall be done in such a manner
as shall be consistent with the safety of the public. Where traffic
control is necessary, it shall be accomplished in accordance with
the appropriate standards of the Pennsylvania Department of Transportation
regulating work site traffic control if in effect at the time the
work is performed.
C.
Damage to public facilities. The permittee shall restore all pavement and shoulders to the former condition at the expense of the permittee and shall be responsible for repairing any failure of such facilities within two years of completion of the work. If the permittee fails to comply with this section, the municipality shall complete the necessary repairs and collect the costs as per § 207-28 of this article.
D.
Indemnification. The permittee shall fully indemnity
and save harmless and defend the municipality, its agents and employees
of and from all liability for damage or injury occurring to any person(s)
or property through or in consequence of any act or omission of any
constructor, agent, servant, employee or person engaged or employed
in, about or upon the work, by, at the instance, or with the approval
or consent of the permittee; from any failure of the permittee or
any such person to comply with the permit or this article; and for
a period of two years after completion of the permitted work, from
the failure of the highway in the immediate area of the work performed
under the permit where there is no similar failure of the highway
beyond the area adjacent to the area of the permitted work.
All driveways and access drives shall be designed
and constructed in accordance with the standards set forth in the
Mahoning Township Subdivision and Land Development Ordinance[1] and the provisions of this article.
A.
Driveway and access drive locations.
(1)
All driveways and access drives shall be located where street alignment and profiles are favorable and should avoid sharp curves and steep grades where possible. In addition, all such driveways and access drives shall be designed, constructed and maintained so as not to interfere with the design, maintenance and drainage of the street or road being intersected. (See Subsection F below for pipe installation requirements.)
(2)
Driveways shall be permitted only at locations with
adequate sight distance and which will not create a traffic hazard.
Locations of private streets shall conform to the standards of the
Mahoning Township Subdivision and Land Development Ordinance and Table
1 of this article.[2]
[2]
Editor's Note: Table 1 is included at the end of this chapter.
B.
Points of intersection along lot frontage. Driveways
or access drives for residential development shall be limited to one
point of intersection along the lot's frontage, and access for nonresidential
development shall be limited to two drives or intersections. Where,
however, a residential lot's frontage exceeds 100 feet in width or
a nonresidential lot's frontage exceeds 300 feet in width or exceptional
circumstances exist, the Township Roadmaster or other municipally
designated representative may authorize additional access intersections.
C.
Proximity to other driveways, property lines, etc.
(1)
No residential driveway shall be closer than 12 feet
to any other driveway nor closer than five feet to a side property
line, unless the two adjoining property owners mutually agree to a
common driveway. In such an instance, a written agreement shall be
prepared by the property owners and submitted to the Township Supervisors
for review and approval. A copy of the approved agreement shall be
recorded in the Office of the County Recorder of Deeds, and a receipt
verifying such recording shall be submitted to the municipality's
designated representative prior to the issuance of a driveway permit.
(2)
Driveways or access drives shall also not intersect
a street right-of-way within five feet of a catch basin or drainage
inlet, nor within 15 feet of a fire hydrant.
D.
Curb radii requirements. The curb radii for driveway
intersections for single-family residential uses shall be no less
than 10 feet and no less than 15 feet for multifamily or nonresidential
uses.
E.
Clear sight triangle requirements. Clear sight triangles
shall be provided at all street and driveway intersections. No significant
obstructions or plantings measuring higher than 36 inches or hanging
lower than nine feet above road grade shall be permitted within this
area. The area required for such clear sight triangles shall be as
provided below and shall be measured from the point of intersection
of the street and driveway center lines. (Sight distance shall be
measured at a height of 3 1/2 feet above road surface.)
(1)
For the intersection of a driveway and a local street,
the minimum distance between center lines shall be 50 feet;
(2)
The minimum distance between center lines shall be
75 feet for the intersection of a driveway and a collector street;
and
(3)
Where a driveway is proposed to intersect a state
route or arterial highway, the minimum distance between center lines
shall be 100 feet or as may be required otherwise by PennDOT.
|
(See the Township Subdivision and Land Development
Ordinance[3] for street definitions and Appendix A in the same chapter
for a functional use classification of all streets in the municipality.)
|
F.
Driveway pipes.
(1)
The permittee shall cause to be installed a pipe,
which shall be at least 18 inches in diameter along the edge of the
Township roadway and underneath the entire section of the private
driveway which intersects the Township road. The Roadmaster of the
municipality or other municipally designated representative shall
have the discretion to modify the type or diameter of pipe to be installed
in the event of unique circumstances such as physical characteristics
of the land, roadway or private driveway which would necessitate a
modification.
(2)
All pipes installed pursuant to this article along
a Township roadway shall be maintained by the property owner of the
private driveway in such a manner that the ends of as well as the
pipes shall be kept free and clear of debris and/or material which
would impede the flow of water through said pipes.
G.
All driveways and access drives installed within the
Township shall be properly tied into the Township streets or roads
by either milling or sawcutting. Overlaid or "scabbed-in" tie-in joints
are not permitted.
H.
Driveway and access drive guidelines. In addition
to the requirements set forth above, the Driveway and Access Drive
Guidelines contained in Table 1 of this article shall be utilized
to the greatest extent possible in the design and construction of
such facilities. Where, however, the slope of a site at its road frontage
exceeds 12%, driveway designs for the site shall be reviewed by the
Township Engineer before a permit is issued.
Upon completion of the work authorized by the
permit, the municipality through its designated representative shall
cause the work to be inspected and, when necessary, enforce compliance
with the conditions prescribed by the permit and this article. If
the permittee shall fail to rectify any defect within 60 days of written
notice from the municipality to do so, the municipality may cause
the work to be performed and impose upon the permittee the cost thereof
together with an additional 20% of such cost to offset administrative
costs.
Any person, fine, corporation, or utility which
shall violate any provision of this article shall be subject, upon
conviction before a court of competent jurisdiction, to pay a fine
of not more than $300 and cost of prosecution and, in default of the
payment of such fines and costs, to imprisonment in the County Jail
for not more than five days. Each day of violation shall constitute
a separate offense.
