[HISTORY: Adopted by the Board of Supervisors
of the Township of Darlington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-5-1974 by Ord. No. 18]
No public streets of the Township of Darlington
shall be opened or cut by any person, firm, corporation, or utility
without first securing a permit in accordance with the Township Code,
and providing penalties for the violation thereof.
[Added 8-13-2012 by Ord.
No. 2-2012]
A.
Overhead
utility crossing. The contractor or utility company performing the
installation is required to submit an application describing the scope
of work to be performed. All overhead lines or structures must have
a minimum clearance of 14 feet from the roadway surface. There will
be a processing fee of $30 for this permit.
B.
Underground
utility crossing. The contractor or utility company performing the
installation is required to submit an application describing the scope
of work to be performed. A schedule 80 PVC or steel conduit is required
of adequate size to accommodate the insertion of the utility line
that is being installed. The conduit shall extend to the outer edge
of the berm area.
(1)
If
a horizontal boring machine is used for installation, the bore pits
must be compacted in twelve-inch lifts when backfilled. There will
be processing fee of $75 for this permit.
(2)
If an open cut installation is used for the installation, the entire
excavation area from the outside edges of both berms must be backfilled
with PennDOT 2A limestone and compacted in twelve-inch lifts. The
roadway hard surface must be saw cut six inches from the outside edges
of the excavated trench. The Township will be responsible for replacing
the hard surface if the applicant is a Township resident and the replacement
is 12 inches in width or less. If any opening is greater than 12 inches
in width, or the applicant is not a Township resident, regardless
of the width, the applicant will be responsible for replacing the
hard surface at his/her own expense by a hard surface approved by
the Township. There will be a processing fee of $400 for this permit.
[Amended 12-14-2015 by Ord. No. 5-2015]
[Adopted 12-12-2011 by Ord. No. 47]
This article shall be known as the "Darlington Township Driveway
Connection Ordinance."
The background of this article and the legislative intention
of the Board of Supervisors ("Board") in enacting it are as follows:
A.
The Township of Darlington is a municipal Township of the Second
Class.
B.
The Township of Darlington has suffered damage to its roads as a
result of improper connection of driveways to Township roads and faulty
drainage.
C.
Improper connections and faulty drainage have resulted in hazardous
conditions.
D.
The Township deems it necessary for the proper management, maintenance
and control of its public road system to regulate the connection of
driveways to Township roads.
For the purposes of this article, the following terms shall
be defined as follows:
The Board of Supervisors of Darlington Township, Beaver County,
Pennsylvania.
The traveled area of the roadway located between the road
shoulders.
The person who installs a driveway in a Township roadway,
including all agents, subcontractors, officers or employees of that
person or business entity.
Every entrance or exit used by vehicular traffic to or from
properties abutting a public road. The term includes proposed streets,
lanes, alleys, courts and ways.
Any condition consisting of a clear and present danger to
life or property, which calls for immediate action.
The owner of the land upon which the driveway is located
and his successors or assigns.
Pennsylvania Department of Transportation.
A driveway connection permit issued by the Board pursuant
to this article.
The holder of a duly issued permit.
Any natural person, firm, partnership, corporation, entity,
association or other group of persons. The singular shall include
the plural and the masculine shall include the feminine and the neuter.
Any road, street, alley, bridge or public thoroughfare, including
the entire area between right-of-way lines, either presently maintained
by Darlington Township or shown on a subdivision or land development
plan and intended to be dedicated to Darlington Township in the future.
The area that has been acquired by the Township for highway
purposes, also identified as the "roadway."
Any ditch, trench, excavation, tunnel or opening in or under
the surface of any public road.
Darlington Township, Beaver County, Pennsylvania, or its
duly appointed representative.
No person shall hereafter install or alter an existing driveway
that connects with a public road or allow any work incident to the
alteration or installation of a driveway, including the alteration
of existing drainage characteristics, without first obtaining a permit
from the Township. Driveway connection permits will be issued only
to the owners of the property. Permits will not be issued to contractors
of the property owner.
Prior to obtaining a permit for a driveway connection or alteration,
every owner shall file an application with the Township on a form
furnished by the Board. The application shall be accompanied by such
permit issuance fees and general inspection fees as determined by
resolution from time to time by the Board. Issuance fees are used
to defray costs incurred by the Township in reviewing and processing
the application and plan(s), including the preliminary review of the
site location identified in the application, and issuing and processing
the permit. General inspection fees are used to defray costs incurred
by the Township in spot inspection(s) during the progress of the work
and after it has been completed to ensure compliance with the permit
and these regulations.
A.
Required information. The application shall be accompanied by a sketch
of the proposed driveway which at a minimum shall indicate:
(1)
Geometric information such as width, radius, dimensions and location
of the proposed driveway, right-of-way, slope and grades, length of
driveway to residence or building, and distance to property lines
and nearest driveway(s) and intersection(s). In conjunction with submission
of the application, the applicant shall place a stake at the desired
location which shall coincide with the submitted sketch.
(2)
Safe sight distances shall be indicated on the sketch as obtained
from actual field measurement. Measurement of sight distance shall
be measured in accordance with the requirements of PennDOT and attested
by the owner's signature on the application. Minimum sight distances
shall be required to meet those provided in PennDOT Chapter 441.8
(67 Pa. Code 441).
(3)
Drainage culvert (if applicable) or swale, including related grades,
as may be required. The determination for installation of a culvert
pipe or swale shall be made by the Township following initial review
by the Township representative. The application must also include
a long-term drainage and erosion control plan, which shall specify
provisions for roadside drainage and control and mitigation of surface
water runoff created by installation or improvement of the driveway.
(4)
When determined by the Township, a stormwater management plan shall
be filed in accordance with the requirements of the Township Stormwater
Management Ordinance, in which case approval of the stormwater management
plan shall precede issuance of a driveway permit.
B.
Review criteria. The application, accompanying sketch, and drainage
plan if necessary, shall be reviewed by the Township. Driveway design
shall conform to the requirements and standards and specifications
of this article, 67 Pa. Code 441 and all related standards and specifications
that are incorporated herein by reference. In no event shall a permit
be issued for a proposed driveway under any of the following circumstances:
(1)
It would create hazardous effects of stormwater runoff.
(2)
It would cause damage to a public road.
(3)
It would increase hazardous driving conditions on the public road.
(4)
It would be constructed in a manner that would obstruct it from view.
(5)
The sight distance is inadequate to safely allow movement to be made
into or out of the driveway.
(6)
The free movement of highway or street traffic would be impaired.
(7)
It would create an area of traffic congestion on the highway or street.
(8)
It would be located at a location that would interfere with the placement,
functioning or maintenance of a highway or street sign, detector,
lighting or other device that affects traffic control.
(9)
Where the property abuts two or more streets or highways, ingress
and egress may be restricted to only that highway or street which
can more safely accommodate its traffic.
(10)
No more than one driveway shall be permitted per lot on any
one highway or street frontage. The Board of Supervisors may grant
permission for additional driveways under exceptional circumstances.
(11)
It would be located within 40 feet of the right-of-way line
of an intersecting street. This dimension shall be increased for driveways
to shopping centers and other commercial, industrial, public or institutional
purposes.
(12)
It would be located within five feet of a fire hydrant, catch
basin or drain inlet.
(13)
It would exceed a slope of 15% within 15 feet of the street
right-of-way line.
(14)
It would be located within three feet of a property line.
(15)
It would impair drainage within the right-of-way, alter stability
of the improved area, or change the drainage of an adjacent area.
(16)
In the opinion of the Township, it would create a hazardous
situation not otherwise anticipated.
C.
Damage to public roads. The owner and contractor are responsible
for damage to any portion of the public road caused by equipment en
route to or used at the work site.
D.
Drainage. All driveways that are installed on any public road will
be required to install either a drainage pipe (culvert) or construct
a drainage swale as directed by the Township representative. Where
open shoulders or berms exist, the grade of the access driveway shall
slope away from the roadway surface at the same rate as the existing
shoulder (unless advised to the contrary by the Township) for the
prevailing width of the shoulder. The gradient of a driveway beyond
this point (within the roadway right-of-way) shall be not more than
8%.
E.
Stabilization of driveway within the right-of-way. All driveways
which are constructed and have access onto a public road shall be
surfaced with a stabilized material between the cartway and the right-of-way
line.
F.
PennDOT requirements. When a driveway accesses a state road, the
owner shall comply with all PennDOT requirements, including the requirement
to obtain a permit from PennDOT.
G.
Reinspections. The Township may reinspect at any time after completion,
and if there is settlement of the connection or any other defects
appear in the work contrary to the conditions, restrictions and regulations
of this article, the Township may enforce compliance therewith. If
the owner fails to rectify a defect which presents an immediate or
imminent safety or health problem within 48 hours or any other defect
within 60 days after written notice from the Board of Supervisors
to do so, the Township may do the work and impose upon the owner the
cost thereof, together with an additional 10% of the costs, which
may be recovered by the Township.
H.
Owner's maintenance responsibility. All property owners shall
be responsible for long-term maintenance of the driveway and related
drainage or stormwater management plan. In the event that excess stormwater
runoff or sediment is diverted onto public roads, the owner will be
given notice and required to make necessary corrections to bring the
driveway and drainage into compliance. In the event that a driveway
culvert pipe becomes crushed or blocked, it may be replaced at the
owner's expense. The Township reserves the right to require the
owner to make repairs, to make the repair at the owner's expense
or to contract with a third party at owner's expense to perform
the needed repairs. All property owners shall be responsible for any
and all costs for maintenance to public roadways resulting from water
runoff caused by an improperly maintained driveway. All driveways,
adjacent areas and areas between such driveways, including channelization,
paving, drainage, etc., installed by the property owner or his predecessor
in title 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 roadway or the safe and convenient passage
of traffic upon the Township roadway. The term "adjacent area" shall
apply only to that area within the property owner's property
or that area of the Township right-of-way contiguous to the property
owner's property.
I.
Sight distance. Measurement of sight distance from a vehicle turning
from a driveway shall be such that the position of the driver is taken
to be 10 feet from the edge of the traveled cartway at the center
line of such driveway; the driver eye height is to be 3.5 feet; the
vehicle height on traveled cartway is to be 4.25 feet. Adequate sight
distance is to be provided to the right and to the left of the driveway.
J.
Permit issuance. If the plans meet the criteria above, the Township
shall issue the permit. If the application is found to be deficient
or if, in the opinion of the Township, the plan should be revised
in order to meet the criteria above, the Township shall notify the
owner of the changes to be made, whereupon the applicant shall make
such changes and return the revised plans to the Township. When the
application is acceptable to the Township, the permit shall be issued.
If the approved installation is not completed within nine months of
the permit issuance date, the permit shall expire.
A.
Upon determining that a driveway has not been installed or maintained in accordance with the provisions of this article and/or is unsafe, the authorized Township representative shall serve or cause to be served on the owner a written notice containing a description of the portion of the driveway deemed unsafe or in violation of this article, and an order requiring the same to be made safe, brought into conformity with this article or removed, as may be deemed necessary by the Township. If the person to whom such notice or order is addressed cannot be found after diligent search, then such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed adequate service. Said notice shall require the owner or occupier of said land to commence the repair or removal, as the case may be, within 10 days of such notice and to complete the repair or removal within 30 days thereof. The application procedures of § 140-7 shall apply.
B.
If the person served with a notice and order to remove or repair
an unsafe driveway, or portion thereof, shall fail to comply with
the notice or with the time limits contained therein, the Township
shall have the right to proceed to either remove or repair the driveway
as the case may be. The Township shall collect the cost of any removal
or repair, together with a penalty of 10% of such cost, and may file
a municipal claim therefor or by an action in assumpsit or may seek
relief by a bill in equity.
C.
In case there shall be, in the opinion of the appropriate Township
official, actual immediate danger to users of the affected Township
roadway, the Township may purchase such material and employ such labor
and cause the necessary work to be done through rendering the driveway
or portion thereof temporarily safe, without the necessity of resorting
to the procedure as to notice prescribed herein. The Township shall
collect the cost of any removal or repair, together with a penalty
of 10% of such cost, and may file a municipal claim therefor or by
an action in assumpsit or may seek relief by a bill in equity.
