[HISTORY: Adopted by the Board of Supervisors of the Township of
Franconia as indicated in article histories. Amendments noted where applicable.]
[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:
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.
A.
A permit will be issued, in writing, when a plan is deemed
satisfactory to the township.
B.
Under no circumstances whatever shall a verbal approval
or permission given by anyone be considered a justification for any deviation
from the approved plans, or the violation of any of the rules and regulations
governing construction within the right-of-way of township highways.
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.
[1]
Editor's Note: The foreword to these rules and regulations read as
follows: "The Board of Supervisors is of the opinion that it is
necessary that the location, design, construction and maintenance of driveways
entering upon township highways be regulated for the purpose of security for
such highways, economy of maintenance, preservation of proper drainage, and
safe and convenient passage of traffic thereon. "The object of
these regulations is to establish uniform controls governing such location,
design, construction and maintenance. The Board of Supervisors is cognizant
of the fact that abutting property owners have the right of access, except
along limited access highways. It must be recognized, however, that indiscriminate
roadside development and uncontrolled highway connections can result only
in lower highway capacity and increased hazard to all traffic. "Most
roadside interference can be attributed to vehicular traffic entering, leaving
and parking adjacent to the access driveways of residences, business establishments
and other roadside developments along the highway. "To this end,
the township has deemed it advisable to publish these regulations."
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:
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.
That section of the roadway right-of-way between the pavement edge
or curb and the property line, which occurs between driveways.
The edge of the main traveled portion of any street or highway, exclusive
of shoulder or berm.
Plain or reinforced concrete, bituminous concrete or macadam of required
thickness.
Any natural person, firm, copartnership, association or corporation.
The distance, measured along the pavement edge or curb, between the
property frontage boundary line and the edge of the driveway.
That section of curb forming an arc beginning at the end of the driveway
and continuing to the throat of the driveway.
An area where roadways have been built to typical rural highway standards
without sidewalks and curbs.
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.
The intersection of the shoulder slope with the side slope or ditch
slope.
A permanent hard-paved walkway, continuous for a reasonable distance
and integral part of the highway development, solely for use of pedestrians.
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.
An area where the roadways have been built to typical city street
standards, including sidewalks and curbs.
Any device in, upon or by which any person or property is or may
be transported or drawn upon a public highway.
A.
All driveways shall be located, designed and constructed
in such a manner as not to interfere or be inconsistent with the design, maintenance
and drainage of the highway.
B.
Access driveways shall be located in such manner that
they will not cause the following: interference to the traveling public; a
hazard to the free movement of normal highway traffic or areas of undue traffic
congestion on the highway. In accordance with this principle, driveways should
be located where the highway alignment and profile are favorable; i.e., 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 should not be located at interchanges,
ramp areas or locations that would interfere with the placement and proper
functioning of highway 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 his establishment or for relocation
of existing detectors.
D.
Where highway curbs exist, driveway approaches shall
be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain
the proper drainage.
E.
Where highway curbs do not exist, driveways shall be
constructed in such a manner as not to interfere with the drainage grade line
of shoulders. If, in the opinion of the Roadmaster, a pipe is required to
maintain the grade line, the permittee shall install such pipe at his expense,
parallel to the pavement edge and at a minimum distance of 10 feet therefrom
and on the grade line as directed by the Roadmaster (unless advised to the
contrary by the township engineer). Where a pipe is placed in the shoulder
line, the driveway may slope away from the roadway at a lesser gradient than
the normal shoulder slope but not less than 1/4 inch per foot from the paving
edge to the pipe. The minimum pipe length shall be equal to the width of the
driveway plus eight feet.
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.
A.
The location and angle of an access driveway approach
in relation to the highway 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 highway traffic, and leaving the driveway may enter
safely into the 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 highway right-of-way shall be used for
servicing of vehicles, displays or conducting a 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., excluding mailboxes.
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 highway 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 highway
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.
Angle of access driveway approach.
(2)
Single access driveway approaches shall be positioned
at right angles 90º to the highway or as near thereto as site conditions
permit. When two access driveways are constructed on the same property frontage
and used for one-way operations, each of these driveways may be placed at
an angle less than a right angle, but not less than 45º to the highway.
B.
Corner clearance.
C.
Intermediate island between multiple driveways.
(2)
An intermediate island shall separate all multiple driveways
opening upon the same highway. The island area shall extend from the shoulder
line, ditch line or curbline 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 curbline
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 curbline, shall be defined by a permanent-type curb. Additional
curbing may be required at the discretion of the Township Engineer.
D.
Radius curb.
(1)
Control dimensions. The maximum and minimum length for
radius curbs shall be as follows:
E.
Setback.
(1)
Recommended control dimensions.
(a)
Fuel pump islands: 12 feet minimum outside the right-of-way
line.
(b)
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 highway pavement.
F.
Width of access driveway approaches.
(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 highway 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.
G.
Curb.
(1)
All curbs must be of a permanent type.
(3)
Where the property abutting highway right-of-way will
be used for parking area, the township may require curb to be placed. This
curb will be required to confine the traffic movement to the access driveway
and to prohibit encroachment upon sidewalks or shoulder area.
H.
Sight distance.
(1)
Access driveways shall be located at a point of optimum
sight distance along the highway 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
highways.
(2)
Where adequate sight distances cannot be attained, the
location of the driveway will be at the discretion of the Township Engineer.
I.
Slope of access driveway.
(1)
All driveways shall be constructed in such a manner as
not to impair drainage within the highway right-of-way, alter the stability
of the roadway 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 highway pavement at the same rate as the existing
shoulder (unless advised to the contrary by the Township Engineer) for the
width of the shoulder. The gradient of a driveway beyond this point (within
the highway right-of-way) shall be not less than 1/4 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 one-inch-per-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
township specifications. Minimum diameter of such drainage pipe shall be 15
inches or (eleven-by-eighteen-inch arch) unless otherwise specified by the
Township Engineer.
J.
Access driveway pavement. 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.
K.
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 township specifications.
(2)
Special attention will be given to permit requests for
the construction of access driveways 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, the permittee will be advised that
costs incident to the construction of such additional roadway improvements
shall be at no expense to the township. 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 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.
