[Adopted 10-4-1999 by Ord. No. 488]
For the purpose of this article, the following
terms shall have the meanings ascribed thereto, except where the context
thereof clearly indicates another meaning:
The Borough of Evans City, Butler County, Pennsylvania, including
authorized representatives.
The paved portion of any road/street.
The party, person, firm, partnership and/or corporation who
or which installs a driveway, including all agents, officers or employees
of said party, person, firm, partnership and/or corporation.
The governing body of the Borough of Evans City, Pennsylvania,
or its designed representative.
Any line, path or other area of land used by the owner or
occupant of property within the Borough as a means of access to or
from the cartway of a public road.
The owner of the land upon which the driveway is located.
The Department of Transportation of the Commonwealth of Pennsylvania
and any successor agency.
An individual, group of individuals, partnership, corporation
or association, whether incorporated, unincorporated or otherwise.
The total width, including the cartway, of a road/street.
Any road, street, alley or other thoroughfare owned or maintained
by the Borough as part of its public road system or offered for dedication
to the Borough.
Maintenance of a driveway to repair minor rutting, erosion
and the like which restores the driveway to the original configuration.
Routine maintenance does not include any activity which significantly
alters the driveway location, slope, grade, width and/or other physical
properties governed by this article.
The length along a road/street that is visible to the driver
either entering or leaving the driveway or the distance the driver
on the road/street can see a vehicle entering or leaving the driveway.
A.
No person, owner and/or contractor shall hereafter install, reconstruct, alter or resurface a driveway or any portion thereon, including associated drainage facilities, without first obtaining a permit from the Borough. This excludes routine maintenance activities as defined in § 155-35.
B.
A permit under this article shall also be required
to be obtained prior to the issuance of a building permit, stormwater
management permit or other permit for any activity requiring access
to a public road.
C.
A permit shall be required for each and every driveway,
whether serving the same premises or not.
B.
The Borough will permit the use of drainage pipe under
a driveway if all of the following conditions are met:
(1)
It is impossible or impractical to maintain drainage
flow without a pipe.
(2)
The owner agrees, in writing, to maintain the pipe
in good condition, free of debris and siltation.
(3)
The owner agrees, in writing, to relocate and/or replace
the pipe if at some future date the Borough improves or widens the
public road requiring such relocation and/or replacement.
(4)
The pipe is constructed of a material and in a manner
approved by the Borough.
C.
Where the driveway, in the opinion of the Borough,
has caused or will cause excessive washout of gravel, mud or other
materials onto the public right-of-way, the Borough may require the
entrance of the driveway to be paved. The distance of the paving from
the street shall be determined by the Borough.
D.
Where it is necessary to install a conduit under the
driveway to keep the drainage channel open, such conduit shall be
either corrugated, galvanized steel, concrete or other approved PennDot
material with a minimum diameter of 12 inches in diameter to carry
off the normal flow of the culvert, plus that which occurs during
the average rainfall. A larger pipe may be required in some areas.
The conduit shall be of sufficient strength to bear the weight of
the heaviest vehicle normally using the driveway and shall have a
minimum length of 12 feet. It shall be installed in line with the
existing ditch line or swale and set to a depth so that a minimum
of four inches of fill or paving will cover the pipe. It must extend
a minimum of 24 inches beyond the edges of the finished driveway.
If the bottom of the pipe is below the bottom of the existing ditch
or swale, notify the Borough and necessary ditching above or below
the pipe shall be taken care of by the Borough. (Figure 2 illustrates.[2])
[2]
Editor's Note: Figure 2 is on file in the
Borough offices.
E.
The driveway and associated drainage shall be constructed
only after obtaining a driveway permit from the Zoning Officer or
other person delegated by the Borough to perform his task. Whenever
any persons, partnership, business or corporation shall construct,
repair, maintain or reconstruct a driveway, they shall comply with
the standards set forth in this article.
F.
Any person who shall thereafter install any drainage
pipe contrary to the provisions of this article shall, upon 10 days'
written notice thereof from the Code Official or other person delegated
by the Borough, remove and replace the unlawfully installed pipe.
G.
Driveways shall be constructed and located in such
a manner as to provide safe and reasonable sight distance in accordance
with the regulations of the Pennsylvania Department of Transportation,
67 Pa. Code § 201.6(16), as amended.
H.
The number of driveway entrances per lot shall be
one, unless waived by the Council.
I.
The minimum driveway entrance shall be eight feet.
The maximum width shall be 20 feet.
J.
The owner or contractor shall utilize procedures and/or
traffic control devices as necessary for the maintenance and protection
of traffic in strict accordance with regulations of Pennsylvania Department
of Transportation, 67 Pa. Code § 203.21, et seq., as amended,
"Work Zone Traffic Control" unless otherwise directed by the Council.
A.
All driveways permitted under the provisions of this
article shall be permanently maintained by the owner to remain in
conformance with the standards of this article and the terms of the
approved permit.
B.
All driveways, including those existing prior to the
adoption of this article, shall be maintained by the owner as to prevent
any obstructions or unsafe conditions on or affecting public roadways,
such as stone washouts, flooding or other runoff problems, rock or
mud slides, restricted sight distance by vegetation or any other conditions
posing a hazard to the public.
The provisions of this article relating to driveways
are intended as a minimum standard for the protection of the public
health, safety and welfare. If the literal compliance with any mandatory
provision of this article relating to driveways is shown by the applicant,
to the satisfaction of the Council, 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 Council may grant a waiver from such mandatory provisions
so that substantial justice may be done 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,
Council may impose such conditions as will, in its judgment, secure
substantially the objectives of the standards and requirements of
this article.
The grant of a permit under this article shall
not constitute a representation, guaranty or warranty of any kind
by the Borough or by any official or employee thereof of the practicability
or safety of the proposed driveway and shall create no liability upon
the Borough, its officials or employees.
The permit granted under this article shall
be posted at the right-of-way line so as to be visible from the roadway.
The permit shall remain posted until final approval of the work has
been given.
Any person who fails to construct or maintain
the driveway or associated drainage facilities, grading and the like
in conformance with this article or who shall fail to obtain any permit
required under this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $1,000, plus all court costs, including
reasonable attorney fees incurred by the Borough as a result thereof.
Failure to construct or maintain a driveway and/or associated drainage
facilities, grading and the like in conformance in this article or
owners who shall fail to comply with any written notice for Evans
City Borough which describes a condition of noncompliance, shall constitute
a nuisance, which may be abated as nuisances are abated by the Borough
under law and the cost thereof filed as a municipal claim against
the property. In addition, the Borough may institute injunctive mandamus
or any other appropriate action or proceeding in law or in equity
for the enforcement of this article.
Application procedures and permit fees shall
be established and modified from time to time by Council by resolution.
Any person aggrieved by any action of the Borough
Engineer or Borough official in the administration of this article
may appeal such determination by filing an appeal, in writing, within
10 days after such determination to the Borough Council. The Council
shall conduct such appeal in accordance with the requirements of the
Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa. C.S.A. § 105.
