[Adopted 8-5-1969 by Ord.
No. 54]
On or after the passage of this article, it shall not be lawful for
any person to construct or reconstruct any driveway or alter the grade line
or width of any shoulder within the right-of-way of township roads until a
permit to perform such construction or reconstruction has been issued by the
Board of Supervisors of the township.
This article shall be known as the "Township Driveway Ordinance."
The purpose of this article is to provide for the construction of access
driveways and abutting graded areas in such a manner so as to facilitate the
safe and unobstructed movement of vehicular traffic.
The provisions of this article shall be held to be minimum requirements
to meet the above-stated purposes. Where the provisions of this article impose
greater restrictions than those of any statute, other ordinance or regulations,
the provisions of this article shall prevail. Where the provisions of any
statute, other ordinance or regulation impose greater restrictions than those
of this article, the provision of such statute, ordinance or regulations shall
prevail.
As used in this article, the following terms shall have the meanings
indicated:
ACCESS DRIVEWAYS
Any means for passage of vehicles between property abutting on a
township highway and the highway. It shall be deemed to include that part
of the driveway that lies within the established right-of-way limits of the
township highway. It will also include such drainage structures as may be
necessary for the proper construction and maintenance thereof.
All construction, grading or planting within the right-of-way of township
roads shall be executed in accordance with plans and specifications showing
all proposed works in a manner satisfactory to the township. Such plans may
be part of or included in plans prepared for building, zoning, subdivision
or sewage applications.
The applicant requesting a permit to construct shall pay over to the
township such filing fee as the Board of Supervisors shall establish from
time to time by resolution.
It shall be the duty of the Township Roadmaster or his representatives
to supervise, superintend and inspect all work within the right-of-way of
the township highway in conformity with the ordinances of the township.
Notice must be given said Inspector when the work is sufficiently advanced
for inspection, when it shall be the duty of the proper officer to inspect
the same within two working days after receipt of said notification.
[Amended 9-12-1988 by Ord.
No. 147; 6-10-1996 by Ord.
No. 237]
Any person who violates or permits a violation of this article shall,
upon being liable therefor in a civil enforcement proceeding commenced by
the township, pay a fine not exceeding $600 plus all court costs, including
reasonable attorney's fees incurred by the township. No judgment shall be
imposed until the date of the determination of violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable Pennsylvania Rules of
Civil Procedure.
The following words and phrases when used in these regulations shall,
for the purpose of these regulations, have the following meanings, respectively,
except in those instances where the context clearly indicates a different
meaning:
CORNER CLEARANCE
The distance, at an intersection of two highways, between the near
edge of the access driveway approach and the point of intersection of the
pavement edges or the curbline extended.
INTERMEDIATE ISLAND
That section of the roadway right-of-way between the pavement edge
or curb and the property line, which occurs between driveways.
PAVEMENT EDGE
The edge of the main traveled portion of any street or highway, exclusive
of shoulder or berm.
PERSON
Any natural person, firm, copartnership, association or corporation.
PROPERTY LINE CLEARANCE
The distance, measured along the pavement edge or curb, between the
property frontage boundary line and the edge of the driveway.
RADIUS CURB
That section of curb forming an arc beginning at the end of the driveway
and continuing to the throat of the driveway.
RURAL AREA
An area where roadways have been built to typical rural highway standards
without sidewalks and curbs.
SETBACK
The lateral distance between the right-of-way line and the roadside
business building, liquid fuel pump island, display stand or other object,
the use of which will result in space for vehicles to stop or park between
such facilities and the right-of-way line.
SHOULDER LINE
The intersection of the shoulder slope with the side slope or ditch
slope.
SIDEWALKS
A permanent hard-paved walkway, continuous for a reasonable distance
and integral part of the highway development, solely for use of pedestrians.
STABILIZED MATERIAL
Any aggregate such as gravel, stone, slag or mixtures of such aggregates
with soil, placed in such a manner as to provide a smooth, stable, all-weather
surface not subject to undue raveling.
URBAN AREA
An area where the roadways have been built to typical city street
standards, including sidewalks and curbs.
VEHICLE
Any device in, upon or by which any person or property is or may
be transported or drawn upon a public highway.
The permissible number, arrangement and width of driveways shall be
governed in part by the highway 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 need
to be provided to any single property tract or business establishment. Exception
may be made where the frontage exceeds 300 feet in length or where the frontage
is along a divided highway. In such instances, requests for additional driveways
shall require prior approval from 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 highway, or
the safe and convenient passage of traffic upon the highway. The term "adjacent
area" shall apply only to that area within the permittee's property line extended.
These rules and regulations shall become effective on the fifth day
of August 1969 and shall continue in full force and effect thereafter until
amended, modified, revoked or rescinded by the township.