This chapter amends the Driveway Ordinance of the Township of Middle Smithfield originally adopted December 23, 1985, as Ordinance No. 32 and all subsequent amendments thereto and establishes rules, requirements and standards governing issuance of driveway and road occupancy permits prior to the construction of any driveway or street accessing a Township road and the collection of fees and also provides penalties for violations thereof within the corporate limits of Middle Smithfield Township, Monroe County, Pennsylvania.
This chapter shall be known as and may be cited as the "Middle Smithfield Township Driveway Permit Ordinance (Driveway Ordinance), Ordinance No. 79."
This chapter has been adopted for the purpose of providing minimum standards for the protection of life, property, environment and for the safety of the traveling public.
A. 
General rule. It is in the public's interest to regulate the location, design, construction, maintenance and drainage of access driveways and streets and other property within the Township road right-of-way for the purpose of security, economy of maintenance, preservation of proper drainage and safe and reasonable access.
B. 
Other requirements. Issuance of a permit under these regulations does not relieve the permittee from any additional responsibility to secure other federal, state or local approval or permits as may be required by law.
C. 
Safety requirements. Nothing contained in this chapter is intended to relax existing safety requirements.
The provisions of this chapter apply to the construction and upgrading of all driveways and other accessways onto the public road system of Middle Smithfield Township.
A. 
Applicability of references. Unless specifically provided in this chapter, all references to article, section or subsection numbers or to provisions not specifically identified by number shall be construed to refer to such article, section, subsection or provision of this chapter.
B. 
Ordinance remedial. This chapter shall be construed to secure its expressed intent, which is to ensure public safety as it is affected by unregulated access onto public roads, and to prevent excess stormwater drainage onto and damage to the public roads resulting from the construction of such accessways.
The Township Roadmaster is hereby authorized to administer and enforce the provisions of this chapter.
A. 
Entry. Upon presentation of proper credentials, the Roadmaster or his duly authorized representative may enter, at reasonable times, any premises in Middle Smithfield Township to perform any duty imposed upon him by this chapter.
B. 
Unlawful action. It shall be unlawful for any person, firm or corporation whether as owner, lessee or occupant to construct or change (installation of macadam, etc.) any driveway or street access onto any road that is currently or proposed to be a part of the Middle Smithfield Township public road system or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter.
Ordinary repairs to driveways or street access entrances may be made without application or notice to the Roadmaster, but such repairs shall not include resurfacing with macadam, regrading or diverting stormwater runoff onto the public road.
A. 
All sight distances and drainage facilities for driveways and street access entrances shall be maintained in the same condition as the original permit requirements.
B. 
Property owner responsibility. The owner of the property where the driveway is located or, in the case of street access, the developer or property owners' association shall be responsible for the above maintenance.
A. 
This chapter shall not create liability on the part of the Middle Smithfield Township Board of Supervisors or any officer, consultant, agent, representative or employee of Middle Smithfield Township for damages that may result from reliance on this chapter and any amendment thereto or any administrative decision lawfully made thereunder.
B. 
The landowner's signature on the permit application shall be an acknowledgment and acceptance of this section.