[HISTORY: Adopted by the Board of Commissioners
of the Township of Butler as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-25-2006 by Ord. No. 822]
The purpose of this article is to regulate the
location, design, construction, maintenance and drainage of all public
and private driveways that provide a means of access to any public
street for the purpose of security, efficiency of maintenance, preservation
of proper drainage and safe and reasonable access.
As used in this article, the following terms
shall have the meanings indicated:
A driveway, street or other means of passage of vehicles
between the highway and abutting property, including acceleration
and deceleration lanes and such drainage structures as may be necessary
for the proper construction and maintenance thereof.
That portion of a highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
Every entrance or exit used by vehicular traffic to or from
properties abutting a highway. The term includes proposed streets,
lanes, alleys, courts, and ways.
The edge of the main traveled portion of any highway, exclusive
of shoulder.
Any natural person, firm, copartnership, association, corporation,
or political subdivision.
The area which has been acquired by the Township of Butler
for highway purposes.
The portion of the roadway, contiguous to the traffic lanes,
for accommodation of stopped vehicles, for emergency use, and for
lateral support of base and surface courses and pavements.
Any aggregate such as aggregate cement, aggregate bituminous
or lime pozzolan, placed in such a manner as to provide a smooth,
stable, all-weather surface not subject to undue traveling.
Every device in or by which any person or property is or
may be transported or drawn upon a highway. The term includes special
mobile equipment as defined in the Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
It shall be unlawful for any driveway existing
on the effective date of this article to be altered, surfaced with
a stabilized material, resurfaced, replaced or repaired unless said
alterations, surfacing or resurfacing and/or replacement/repair are
made in accordance with specifications adopted from time to time by
resolution of the Board of Commissioners.
A.
Permit required. Before any driveway may be constructed
and before any curb cut may be made, a permit shall be obtained from
the Township of Butler.
B.
Standards for the construction of driveways built
on and after the effective date of this article. All driveways shall
be constructed and installed strictly in accordance with the provisions
of 67 Pa. Code §§ 441.6, 441.7, 441.8 and 441.9, as
amended. The provisions set forth in 67 Pa. Code §§ 441.6,
441.7. 441.8 and 441.9, as amended from time to time, are hereby referred
to, adopted and made a part hereof as if fully set out in this article.
The fee for a driveway or curb cut permit shall
be established from time to time by resolution of the Board of Commissioners.
In case any person shall construct a driveway
and shall not conform to the requirements of this article, the Board
of Commissioners may order such person, firm or corporation to remove
the improper work and replace the same in compliance with this article.
Notice to remove and replace improper work shall be given by registered
or certified mail, and shall state that the person, firm or corporation
shall have five days from receipt of the notice to comply therewith.
Upon noncompliance, the Township of Butler may do or cause the requested
repairs to be done and may levy the cost of its work on such owner
as a municipal lien to be collected in any manner provided by law.
Any person, firm or corporation who shall fail
to obtain a permit before constructing a private driveway or making
a curb cut shall, upon conviction thereof, be sentenced to pay a fine
not more than $300, and/or to imprisonment for a term not to exceed
90 days. Each day that a violation of this article continues shall
constitute a separate offense.
[Adopted 9-25-2006 by Res. No. 06-21]
The finished surface of any driveway shall be
maintained at or below the elevation of the finished surface of the
cartway (traveled portion) of the public street or thoroughfare for
not less than two feet from the point of intersection of the driveway
and the cartway of the public street.
No surface water shall be permitted to be discharged
onto the cartway (traveled portion) of the public street or thoroughfare.
All stabilized and nonstabilized material of
the driveway shall extend to the pavement edge of the cartway of the
public street or thoroughfare.
No stabilized material shall be installed on
the cartway of the public street or thoroughfare.
