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:
ALLEY
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
APPLICANT
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.
APPLICATION
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.
BOARD
The Board of Commissioners of Caln Township.
CARTWAY
The surface of a street or alley available for vehicular
traffic.
CLEAR SIGHT DISTANCE
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.
CLEAR SIGHT TRIANGLE
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.
DEVELOPER
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.
DRAINAGE FACILITY
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.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from
properties abutting a street or highway.
DRIVEWAY WIDTH
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
EASEMENT
A right-of-way granted for limited use of land for public,
quasi-public or private purpose.
FRONTAGE
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.
HALF OR PARTIAL STREET
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.
LAND DEVELOPMENT
A.
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.
LOT
A designated parcel of land intended for transfer of ownership,
use, improvement and/or dedication in accordance with the following:
A.
Lots shall conform to the Township Zoning Ordinance.
B.
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.
C.
Double frontage lots are prohibited.
D.
Reverse frontage lots are encouraged.
E.
The number of lots permitted in a particular
subdivision shall be determined by the following schedule:
(1)
One to four lots: zero flag lots.
(2)
Five to 15 lots: one flag lot.
(3)
Sixteen to 25 lots: two flag lots.
(4)
Twenty-six to 39 lots: three flag lots.
(5)
Forty and over: 10% of total lots with no rounding.
PAVEMENT
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.
PAVEMENT/CARTWAY EDGE
The edge of the main traveled portion of any street or highway,
exclusive of shoulders.
PENNDOT
Pennsylvania Department of Transportation.
PERMIT
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.
PERSON
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.
PLAN, FINAL
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.
PLAN, PRELIMINARY
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.
RIGHT-OF-WAY
A strip of land granted for public or private use.
SHOULDER
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.
STREET
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.
STREET, PUBLIC
Those streets dedicated, accepted, and maintained by Caln
Township as public streets, or streets within the jurisdiction of
the Pennsylvania Department of Transportation.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
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.
SUBSTANTIAL IMPROVEMENT
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.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for Caln Township.
No driveway in Caln Township shall be laid out,
opened, installed, constructed, or substantially improved unless it
shall be in accordance with the following:
A. 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.
B. 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.
C. 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.
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.
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.).