Township of Caln, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Caln 4-25-2002 by Ord. No. 2002-2. Amendments noted where applicable.]
Subdivision and land development — See Ch. 137.
Zoning — See Ch. 155.
This chapter shall be known and may be cited as the "Caln Township Driveway Ordinance."
The following words and phrases when used in this chapter shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning:
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
A landowner or developer, as hereinafter defined, who has filed an application for a driveway permit or for subdivision or land development approval, including his heirs, successors, administrators, and assigns.
A form available at the Township office containing a checklist of plan requirements and other general information used for administrative purposes to aid in the review of the subdivision or land development plan.
The Board of Commissioners of Caln Township.
The surface of a street or alley available for vehicular traffic.
A line of unobstructed vision from a point 4 1/2 feet above the center line of a street to the nearest point at the top of an object 3.5 feet high on the same center line.
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street center lines.
Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.
A lot with any combination of front, side, and rear street frontage.
Any ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public rights-of-way, parks, recreational areas or any part of any subdivision, land development or contiguous land areas.
Every entrance or exit used by vehicular traffic to or from properties abutting a street or highway.
The narrowest width of a driveway measured perpendicular to the center line of the driveway.
A right-of-way granted for limited use of land for public, quasi-public or private purpose.
The width of a lot or property which abuts a street, being the distance measured along the street right-of-way line from one side lot line to the other.
A street, generally parallel and adjacent to a property line, having a right-of-way width less than normally required for a satisfactory improvement and use of the street.
Physical additions and/or changes to the land.
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for the purpose involving a group of two or more principal buildings, or the division or allocation of land or space between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
A designated parcel of land intended for transfer of ownership, use, improvement and/or dedication in accordance with the following:
Lots shall conform to the Township Zoning Ordinance.[1]
All lots shall abut a public street or shall have access to an approved private street. In general, side lot lines shall be at right angles or radial to street lines. If, after subdividing, there exist remnants of land, they shall be included in the area of proposed or existing lots.
Double frontage lots are prohibited.
Reverse frontage lots are encouraged.
The number of lots permitted in a particular subdivision shall be determined by the following schedule:
One to four lots: zero flag lots.
Five to 15 lots: one flag lot.
Sixteen to 25 lots: two flag lots.
Twenty-six to 39 lots: three flag lots.
Forty and over: 10% of total lots with no rounding.
A hard-wearing road surface such as blacktop/macadam or concrete, or any combination thereof, but not including a dirt or gravel surface or pavers.
The edge of the main traveled portion of any street or highway, exclusive of shoulders.
Pennsylvania Department of Transportation.
A permit issued by the Township Engineer for the penetration and occupancy of the right-of-way area of a Township street by the improvement or installation and construction of a driveway therein.
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, federal government or agency, state government or agency, or any other entity whatsoever which is recognized by law as the subject of rights and duties.
A complete and exact subdivision or land development plan prepared for official recording as required by statute to define property rights, proposed streets and other public improvements.
A tentative subdivision or land development plan in lesser detail than the final plan, indicating the approximate proposed layout of the area to be subdivided and/or developed as a basis for consideration prior to preparation of the final plan.
A strip of land granted for public or private use.
The portion of a street, contiguous to the main traveled portion, for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses and pavements.
A street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other strip of land, including the entire right-of-way used or intended to be used by vehicular traffic or pedestrians, whether public or private.
Those streets not offered for dedication.
Those streets dedicated, accepted, and maintained by Caln Township as public streets, or streets within the jurisdiction of the Pennsylvania Department of Transportation.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
A division or redivision of a lot, tract or parcel of land, or a part thereof into two or more lots, tracts or parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall not be deemed a subdivision.
Improvements to a driveway shall be deemed to be substantial if a previously unpaved driveway is to be paved; if a drainage pipe is to be installed or replaced; if any grading or excavation is to be done within 10 feet of a local street right-of-way; if the original grade or design of a driveway is to be changed; or if any work done, or to be done, is likely to create, increase, or otherwise affect stormwater flow or discharge within the cartway or right-of-way area of any local street. This condition is the sole interpretation of the Township Engineer.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for Caln Township.
Editor's Note: See Ch. 155, Zoning.
No driveway in Caln Township shall be laid out, opened, installed, constructed, or substantially improved unless it shall be in accordance with the following:
Any driveway which requires the penetration or occupancy of a state highway right-of-way area shall be laid out, opened, installed, constructed, or substantially improved only in accordance with a permit issued by PENNDOT pursuant to the provisions of Chapter 441 of Title 67 of the Pennsylvania Code and compliance with the provisions of this chapter.
Any driveway which requires the penetration or occupancy of a Township street right-of-way area shall be laid out, opened, installed, constructed, or substantially improved only in compliance with the provisions of this chapter pursuant to a permit issued by the Caln Township Engineer. Further, the applicant shall obtain a Township road opening permit prior to the commencement of work.
No driveway shall be constructed, reconstructed or maintained in such a manner as to allow silt, stone, debris, or water to be deposited in the right-of-way of any street. In the event the Township Engineer determines any such condition to exist, he shall require such condition to be abated and corrected by the property owner within 10 days of his written notification to do so. A permit is required as set forth above if the corrective work is a substantial improvement. In those instances where the property owner is able to demonstrate to the Township Engineer that the street has adequate drainage facilities and that directing stormwater runoff to the street right-of-way is a safe method of stormwater control and will not cause erosion of the cartway or street shoulder or allow standing water to freeze on the street cartway surface, the Township Engineer may grant written permission for such stormwater discharge, subject to the property owner's execution in favor of the Township of a written indemnification of the Township from any future liability to any third person arising from such allowance.
Any person required to obtain a driveway permit under the terms of this chapter shall make application for the same on a form approved by the Board, and said application shall be accompanied by a fee in an amount as established by resolution by the Board.
No permit as herein provided for shall be required for sealing or minor repair of an existing driveway in connection with its normal and customary maintenance and repair. Otherwise, a permit for any such work shall be required.
In addition to submitting to the Township Engineer the application and the application fee, each application for a new driveway installation shall be accompanied by the following information:
A statement giving the location, purpose, and description of all work to be done;
A driveway sketch and driveway profile plan, both to an engineering scale, prepared in accordance with the sample attached hereto, marked Exhibit A[1] and incorporated herein, showing the area to be affected, existing improvements presently erected or constructed thereon, proposed improvements and all property boundary lines within 100 feet of the proposed driveway;
Editor's Note: Exhibit A is located at the end of this chapter.
If the discharge or passage of surface water drainage onto or within the right-of-way area of a local street will be affected, stormwater runoff calculations indicating runoff prior to and after the proposed work, unless calculations are deemed unnecessary by the Township Engineer; and
Information pertaining to the treatment of storm drainage and means of sediment and erosion control during and after the proposed work, unless deemed unnecessary by the Township Engineer.
The location, design, and mode of construction of all driveways and drainage facilities is subject to the review and approval of the Township Engineer for determination of compliance with the provisions of this chapter. The Township Engineer shall require that the plans filed with the application shall be revised to reflect any changes or modifications which the Township Engineer deems necessary to meet the requirements of this chapter.
All work shall be in strict compliance with the plans and specifications for which the Township Engineer issued a permit.
The Township Engineer shall not issue a permit for any work to be performed under the terms and conditions of this chapter until such time as the Township Engineer shall receive from the applicant all required information and until such time as the Township Engineer has had an adequate opportunity to investigate and research said application. The Township Engineer shall either approve or reject in writing an application for a permit within 15 days of the date on which a complete permit application compliant with this § 74-4C is filed with the Township. Notice of approval or rejection of the permit is deemed given on the date of mailing.
All driveways and related improvements shall be constructed and located in such a manner as not to impair drainage or maintenance within any street right-of-way area, the stability of a roadway subgrade, materially change the drainage of any property that could be adversely affected by reason of surface water drainage patterns, interfere with or pose a hazard to the traveling public, present a hazard to the free movement of normal street traffic, or create areas of undue traffic congestion on public or private streets on with which the driveway intersects. The increase in surface water runoff from the existing condition to the proposed condition shall be retained on the applicant's lot, and in no case shall the applicant channel surface water and direct it or allow it to flow in force onto adjacent land.
All work for which a permit is required under the provisions of this chapter with respect to all driveways which access onto a state street, the design criteria applicable shall be those set forth in Title 67 of the Pennsylvania Code at Chapter 441 "Access to and Occupancy of Highways by Driveways and Local Roads" and the provisions of this chapter.
Driveway entrances shall be so located as to provide reasonable and safe sight distance to the operator of a vehicle departing from a driveway onto a street. The location of all driveways is subject to approval by the Township Engineer in accordance with the provisions of this chapter. Clear sight triangles shall be provided at all intersections of driveways with a street. The clear sight triangles shall be free from any vegetative obstructions or man-made structures within such triangles, and no vision-obstructing objects other than utility poles, streetlights, street signs, or traffic signs shall be permitted that obscure vision above the height of 30 inches and below 10 feet measured from the center line of the intersecting driveway and the street.
A clear sight triangle shall be established as an area which is formed by a triangle where two legs of the triangle extend to a distance of 75 feet from the center line intersection of the driveway and intersecting street, except that a clear sight triangle of 150 feet shall be provided for the intersection of a driveway and a collector or major street as defined in Chapter 137 of the Caln Township Code. The sight distance shall be determined in the field at the location of the proposed driveway from a distance into the driveway of 10 feet from the edge of the cartway. All visual obstructions shall be removed permanently from this sight area. The one-hundred-fifty-foot clear sight triangle may be increased due to site constraints when determined necessary following field inspection by the Township Engineer in the exercise of his reasonable discretion to insure safe and convenient access over the driveway to and from the intersecting street.
Any repairs to a driveway shall be undertaken and completed in such a manner that the repairs shall not change either the grade of the driveway, the existing stormwater runoff characteristics or the original design and specifications for the driveway, unless the new design and specifications are first submitted to the Township Engineer for review and approval in accordance with § 74-4 of this chapter.
Additional paving.
Every driveway which requires penetration or occupancy of a street shall be paved from the pavement/cartway edge for a distance of 15 feet or to the right-of-way line, whichever is greater; provided, however, that if the slope of the driveway at the right-of-way line is five percent or greater, the same shall be paved for a minimum distance of 50 feet from the pavement/cartway edge unless the Township Engineer determines that some lesser distance is adequate. Driveway paving shall consist of a minimum of two inches of bituminous wearing course, ID-2, on a minimum of four inches of compacted, crushed stone. Where PennDOT imposes other or additional regulations for access to a state highway, the regulations of this § 74-5 shall apply if more stringent than PennDOT regulations.
If paving of the driveway outside of the areas designated above is required for the purpose of safe and adequate control of stormwater drainage, erosion control, and/or traffic safety, the Township Engineer shall have the authority to require such additional paving be installed as is reasonably necessary based on site conditions at the location of the proposed driveway.
All driveways shall have a minimum and maintained paved width of 10 feet, and the driveway entrance shall be rounded at a minimum radius of six feet. The entire driveway entrance, including the radii, shall be located within the frontage of the lot which is served or to be served by the driveway. No driveway or part thereof, including any turnaround areas, shall be closer than the following distances from a lot boundary line:
[Amended 5-27-2004 by Ord. No. 2004-8a]
Single and two-family dwellings, excepting single-family attached dwellings (townhouses): five feet.
Single-family attached dwellings (townhouses): zero feet.
All driveways shall be located at least 75 feet from the point of intersection of the nearest intersecting street right-of-way line. In the case of a corner lot, this seventy-five-foot requirement may be lessened at the discretion of the Township Engineer if he reasonably determines that the driveway will comply with the other provisions of this chapter, and no traffic safety hazard is posed to the users of the driveway or the general traveling public.
No lot shall have more than one driveway with one access point. If the owner of a lot with at least 125 feet of street frontage demonstrates to the satisfaction of the Township Engineer that an additional driveway is necessary or an additional access point for the driveway is necessary to adequately serve the use on the lot, a permit for a second driveway or access point to the driveway may be applied for and issued pursuant to the procedure specified in § 74-4 of this chapter and upon demonstration by the property owner that such additional driveway access will comply with the provisions of this chapter.
All driveways shall provide a pavement area sufficient to accommodate two parking spaces. Each parking space shall be a minimum of 10 feet wide and a minimum 20 feet deep. These parking spaces can be part of the actual driveway, but must be located outside the public right-of-way.
All driveways shall have a leveling area not to exceed a grade of four percent within 20 feet of the intersection of the driveway with the cartway of any street. For an additional distance of at least 30 feet from said leveling area, the maximum grade of the driveway shall not exceed 10%. At no location shall the maximum grade exceed 15%.
Drainage swales and pipes.
The intersection of all driveways within the pavement/cartway edge shall be constructed by use of either a drainage swale or pipe, as required by the Township Engineer. If a drainage swale is used, said swale shall slope from the cartway at a grade of 6% for a minimum of six feet from the pavement/cartway edge. If a drainage swale is used, the gutter shall be at least six inches lower than the edge of pavement and six feet from the edge of pavement.
If a pipe is used, the requirements of Caln Township Code § 137-44 shall be complied with. Further, the pipe shall be located at least six feet from the edge of the pavement unless, upon inspection by the Township Engineer, field conditions warrant the application of a more stringent requirement to meet the provisions of this chapter. The pipe length shall be of a length required by the topography of the proposed driveway location and the amount of pipe determined necessary by the Township Engineer to properly dissipate the anticipated stormwater flow generated by the driveway construction and installation. At the discretion of the Township Engineer, a smaller pipe size than that stated in § 137-44 of the Caln Township Code may be utilized if field conditions warrant such.
A sample driveway sketch depicting acceptable driveway profiles with respect to swales and pipes is provided in Exhibit A and incorporated by reference herein.
Where driveways are placed in relation to curb areas, the curb depression shall be two feet wider than the driveway. The curb shall be depressed to 1 1/2 inches from the gutter line.
All driveways shall have a cross section cross slope of two percent incorporated as a crown or continuous slope from edge to edge of pavement or such other cross slope as may be approved by the Township Engineer upon satisfactory demonstration by the applicant of the appropriateness thereof.
The angle of a driveway at its intersection with a street right-of-way shall be such that a vehicle entering the driveway may do so in an orderly and safe manner with a minimum of interference to the other street traffic and such that a vehicle leaving the driveway may enter safely into the lane of traffic moving in the desired direction. Driveways shall intersect rights-of-way as nearly as possible at right angles, and in no case at an angle of less than 75º or no more than an angle of 105º.
All driveways shall be maintained by the property owner in such a manner as not to interfere with the design, maintenance, and drainage of local streets, nor the safe and convenient passage of traffic upon Township roads.
No paving or installation of a driveway for which a driveway permit is required or has been issued pursuant to the provisions of this chapter shall be commenced until the Township Engineer shall have inspected the site and approved the work performed up to the date of the site inspection. The applicant shall give the Township Engineer a minimum of 48 hours advance notice before paving or installation of a driveway is commenced in order to afford him a reasonable opportunity to perform the site inspection.
Within 48 hours after completion of the work for which a permit was issued, the party to whom the permit was issued shall notify the Township Engineer in writing of the completion of the work so that the Township Engineer may inspect the same. If the work was not performed in accordance with the plans and specifications approved by the Township Engineer, the holder of the permit shall be directed by the Township Engineer in writing to take immediate steps at the permit holder's own expense to conform to the installation to the approved plans and specifications.
Each preliminary and final subdivision and land development plan submitted for approval by the Board pursuant to Chapter 137 of the Caln Code of Ordinances shall be accompanied by a typical treatment of the construction of driveways and the handling of storm drainage and erosion and sediment control along driveways demonstrating compliance with the provisions of this chapter.
Subdivisions and land developments shall be designed to minimize the number of driveway intersections with existing or proposed streets. Whenever deemed feasible by the Township and required by the Township to minimize driveway intersections with existing or proposed Township roads, thus lessening interruptions to traffic flow and traffic hazards, and to minimize erosion, sedimentation and runoff problems onto existing or proposed streets or Township roads, subdivisions and land developments shall be provided with internal streets on which proposed lots will front and to which the lots will have driveway access.
Section 137-22K of the Caln Code of Ordinances shall apply to any application for a driveway permit.
Any person, partnership or corporation who or which, being the owner or agent of the owner of any lot, tract or parcel of land, violates or fails to comply with any of the provisions of this chapter or any of the terms and conditions of any permit issued pursuant to this chapter, shall be subject to a fine of not less than $200 and not more than $1,000, together with the court costs and the Township's reasonable attorney's fees, which fine, costs and fees shall be collected by suit brought in the name of the Township before any District Justice, in like manner as debts of like amount may be sued for by existing laws. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
The Township Code Enforcement Officer or any duly authorized agent of the Township may bring the enforcement action specified in this § 74-9A, and may in addition to other remedies revoke any permit issued to any person violating any of the provisions of this chapter.
The imposition of penalties herein prescribed shall not preclude the Township from instituting an appropriate action or proceeding at law or in equity to prevent the performance of work or acts declared to be unlawful under the provisions of this chapter, or to restrain, correct, or abate a violation.
This chapter is adopted pursuant to the Township's police power under the provisions of the First Class Township Code of the Commonwealth of Pennsylvania. Any person aggrieved by the application, enforcement or other adjudication (action) made pursuant to the terms of this chapter may appeal within 30 days of said action for a hearing before the Board in accordance with the applicable provisions of the Pennsylvania Local Agency Law (2 Pa.C.S.A. § 551 et seq.).