[HISTORY: Adopted by the Board of Supervisors of the Township of West Brandywine 3-1-1979 by Ord. No. 79-02. Amendments noted where applicable.]
The purpose of this chapter is to govern the design, location, construction and maintenance of driveways within the right-of-way of Township roads in order to facilitate the safe and unobstructed movement of vehicular traffic in the Township.
Definitions of terms used in the Code of the Township of West Brandywine are set forth in Chapter 1, General Provisions, Article III, Terminology.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any person desiring to construct or lay out a driveway shall make application to the Land Development Officer of said Township for a road occupancy permit prior to the commencement of construction of any access drive to any public road in said Township. Application forms will be available at the Township Office to any applicant upon request. The construction or layout of a proposed driveway shall not be commenced prior to receiving a written permit approving the location, design and mode of construction thereof, signed by the Land Development Officer of the Township and containing such reasonable terms and conditions as the Township may deem necessary to impose, and paying the applicable fee therefor. Said fees shall be set by a schedule adopted by the Township from time to time.
B. 
This chapter shall apply to all access driveways that enter Township roads.
A. 
All driveways shall be located, designed and constructed in such manner as not to interfere with or be inconsistent with the design, maintenance and drainage of any Township road.
B. 
Access driveways should be located in such manner that they will not cause the following:
(1) 
Interference to the traveling public,
(2) 
A hazard to the free movement of normal highway traffic, or
(3) 
Areas of undue traffic congestion on the highway. In accordance with this principle, driveways shall be located where the road alignment and profile are favorable; that is, 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 shall not be located at interchanges, ramp areas, or locations that would interfere with the placement and proper functioning of road 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 that the permittee provide (without expense to the Township) additional detectors for the control of traffic movement from permittee's premises or for relocation of existing detectors.
D. 
Where road curbs exist, driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or gutter grade to maintain the proper drainage.
The permissible number, arrangement and width of driveways shall be governed in part by the road frontage of 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 50 feet or less shall be limited to one driveway. Normally not more than two driveways shall be provided for any single property tract or business establishment. Exception may be made where the frontage exceeds 300 feet in length.
A. 
The location and angle of an access driveway approach in relation to the roadway intersection shall be such that a vehicle entering the driveway may do so in an orderly and safe manner and with a minimum of interference to through road traffic, and leaving the driveway may enter safely into a lane of traffic moving in the desired direction.
B. 
Where the access driveway approach and highway pavement meet, flaring of the approach may be necessary to allow safe, easy turning of the vehicle when entering or departing from the driveway.
C. 
No part of any access driveway shall be constructed outside of the applicant's frontage.
D. 
Each roadside business establishment shall provide sufficient parking or storage space off the right-of-way to prevent the storage of vehicles on the driveway or the backing up of traffic on the traveled roadway.
E. 
No part of the road right-of-way shall be used for servicing of vehicles, displays or conducting any 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.
F. 
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 installed in service stations adjacent to the roadway shall be located not less than 12 feet outside of the right-of-way line, when a driveway is established and the permit is issued. This subsection is not intended to imply that should the road be widened at a later date the fuel pumps have to be moved back in order to comply with the twelve-foot minimum distance from the right-of-way line. However, a greater distance is recommended to provide sufficient space for large vehicles.
A. 
Access driveways relative to limited access right-of-way. No access driveway shall be located within 30 feet of the terminus of a limited access highway or within 30 feet of a limited access highway right-of-way measured along the pavement edge.
B. 
Angle of access driveway approach.
(1) 
Control dimensions.
(a) 
Single driveway: As near 90° as site conditions permit.
(b) 
Two driveways.
[1] 
Two-way operation: As near 90° as site conditions permit.
[2] 
One-way operation: 45° minimum.
(2) 
Single access driveway approaches shall be positioned at right angles to the roadway or as near thereto as site conditions permit. When two access driveways are constructed on the same property frontage and used for one-way operation, each of these driveways may be placed at an angle less than a right angle, but not less than 45° to the road.
C. 
Corner clearance.
(1) 
Control dimensions.
(a) 
Rural: 30 feet minimum.
(b) 
Urban: 20 feet minimum.
(2) 
Corner clearance shall be a minimum of 30 feet in rural areas and 20 feet in urban areas.
D. 
Property line clearance. No access driveway shall be located within 10 feet in rural areas, or within five feet in urban areas, of the property frontage boundary line, except in those cases where an access driveway is common to two adjacent properties.
E. 
Intermediate island between multiple driveways.
(1) 
Control dimensions.
(a) 
Rural: 20 feet minimum.
(b) 
Urban: 15 feet minimum.
(2) 
An intermediate island shall separate all multiple driveways opening upon the same road. The island area shall extend from the shoulder line, ditch line or curb line to the right-of-way line. The minimum length for an intermediate island measured along the right-of-way line shall be 10 feet. The minimum length measured along the shoulder line, ditch line, or curb line shall be 20 feet in rural areas or 15 feet in urban areas.
(3) 
The intermediate island area shall be clearly defined. Intermediate islands of 20 feet or less measured along the shoulder line, ditch line or curb line shall be defined by a permanent type curb. This curb shall be placed two feet back of the shoulder line or ditch line on uncurbed roads and shall be extended to the right-of-way line. Additional curbing may be required at the discretion of the Township Engineer.
F. 
Radius curb.
(1) 
Control dimensions. The maximum and minimum length for radius curbs shall be as follows:
(a) 
Rural residential: five feet minimum, 20 feet maximum.
(b) 
Rural commercial: five feet minimum, 55 feet maximum.
(c) 
Urban residential: five feet minimum, 20 feet maximum.
(d) 
Urban commercial: five feet minimum, 55 feet maximum.
G. 
Setback.
(1) 
Recommended control dimensions.
(a) 
Fuel pump islands: 12 feet minimum outside the right-of-way line.
(2) 
It is recommended that all liquid fuel service stations, business establishments and other roadside developments other than private residences shall be located a sufficient distance from the right-of-way line as to provide ample driving area and parking off the right-of-way, prevent storage of vehicles on the access driveways and the backing up and turning of vehicles on the road pavement.
H. 
Width of access driveway approaches.
(1) 
Control dimensions.
(a) 
Residential: 10 feet minimum, 20 feet maximum.
(b) 
Commercial: 15 feet minimum, 35 feet maximum.
(2) 
The width of access driveways shall not exceed the above dimensions when measured at right angles to the center line of driveway. Where a commercial access driveway approach and the road pavement meet, flaring of the driveway shall be required to allow safe and easy turning of the vehicle either into or out of a commercial development. Service station driveways shall not have a flared width greater than 65 feet.
I. 
Curb.
(1) 
All curb must be of a permanent type.
(2) 
In urban or rural areas where no curb exists, one of the following types of curb may be used:
(a) 
Eight-inch high vertical face curb.
(b) 
Six-inch high (sloped face) curb.
(3) 
In urban or rural areas where curb exists, the existing type of curb shall be matched. The line and grade of the existing curb shall be maintained.
(4) 
Where the property abutting road right-of-way will be used for parking area, the Township may require curb to be placed along the right-of-way line. This curb will be required to confine the traffic movement to the access driveway and to prohibit encroachment upon sidewalks or shoulder area.
J. 
Sight distance.
(1) 
Access driveways shall be located at a point of optimum sight distance along the road 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 road.
(2) 
Where adequate sight distances cannot be attained, the location of the driveway will be at the discretion of the Land Development Officer of the Township.
K. 
Slope of access driveway.
(1) 
All driveways shall be constructed in such a manner as not to impair drainage within the road right-of-way, alter the stability of the road subgrade or materially change the drainage of adjacent areas. Where open shoulders or berms exist, the grade of a paved access driveway(s) shall slope away from the road pavement at the same rate as the existing shoulder (unless advised to the contrary by the Township Engineer) for the prevailing width of the shoulder. The gradient of a driveway beyond this point (within the road right-of-way) shall be not less than 1/2 inch per foot.
(2) 
Driveway ramps may extend from the face of the curb up to the outer edge of the sidewalk area in those cases where a planted area occurs between multiple driveways. The rate of slope for such driveway ramps preferably should not exceed one inch per foot. Where conditions are such that the one-inch foot slope is not obtainable, the sidewalk area of the driveway may be lowered sufficiently to obtain the allowable ramp slope and the sidewalk may be warped up to meet the normal sidewalk grade, at a rate of slope not to exceed 3/8 inch per foot.
(3) 
Where a drainage ditch or swale exists, adequate pipe shall be installed under the driveway (by the permittee) in accordance with specifications as determined by the Township Engineer. Minimum diameter of such drainage pipe shall be 15 inches unless otherwise specified by the Township Engineer. Under no circumstances shall the diameter of such drainage pipe be less than 12 inches.
L. 
Access driveway pavement.
(1) 
Access driveways shall be appropriately surfaced between the traveled road and the business or service area with a stabilized material or a higher material when specified by the Township Engineer. Along paved roads, access driveways shall be paved.
(2) 
NOTE: All materials used in the construction of driveways shall meet Pennsylvania Department of Highways specifications and be purchased from a source of supply approved by the Township.
M. 
Deceleration and acceleration lanes.
(1) 
The shoulder or berm area leading to the entrance driveway of a business establishment or other roadside developments in rural areas 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 PennDot specifications.
(2) 
Special attention will be given to permit requests for the construction of access roads 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, costs incident to the construction of such additional roadway improvements shall be at no expense to the Township and the permittee shall be so advised. Such work shall be constructed under the supervision and inspection of the Township.
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 Township road, or the safe and convenient passage of traffic upon the road. The term "adjacent area" shall apply only to that area within the permittee's property or property line extended.
A. 
Work authorized by a "road occupancy permit" for construction of an access driveway shall be performed at such time and in such a manner as to conform to all requirements and standards specified therein. Such work will be inspected by a representative of the Township immediately upon receipt of the completion notice from the permittee or at date of expiration of the permit.
B. 
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 Township to take immediate steps, at his own expense, toward placing the work in such condition as to conform to said requirements and standards. Proper distribution of the completion report shall be made immediately following the inspection.
[Amended 2-6-1997 by Ord. No. 97-01[1]]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).