This chapter shall be known as the "Penn Township Driveway Permit Ordinance."
The intent of this chapter is to provide minimum standards to safeguard
persons, to protect property, to regulate the location, design, construction,
maintenance and drainage of access driveways constructed within the Township
of Penn.
Wherever used in this chapter the following words shall have the meanings
indicated:
ACCELERATION LANE
The portion of roadway adjoining the traveled way constructed for
the purpose of enabling a vehicle entering a roadway to increase its speed
to a rate at which it can safely merge with traffic.
ACCESS
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.
CURBLINE
A line formed by the face of the existing curb or, in its absence,
the outer edge of the shoulder, along which curbing is or may be located.
DECELERATION LANE
The portion of the roadway adjoining the traveled way constructed
for the purpose of enabling a vehicle that is exiting a roadway to slow to
a safe speed after it has left the mainstream of traffic.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from properties
abutting a street. The term includes proposed streets, lanes, alleys, courts
and ways.
DRIVEWAY WIDTH
The narrowest width of a driveway measured perpendicular to the center
line of the driveway.
EGRESS
The exit of vehicular traffic from abutting properties to a highway.
EQUIPMENT
All machinery and equipment, together with the necessary supplies
for upkeep and maintenance, and also tools and apparatus necessary for the
proper construction and completion of work.
FORM 408
The latest revision of highway construction specifications issued
by the Pennsylvania Department of Transportation.
FRONTAGE WIDTH
The distance along the right-of-way line in front of an abutting
property.
IMPROVED AREA
The area within the right-of-way which has been constructed for street
purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage
facilities, and any other appurtenances.
INGRESS
The entrance of vehicular traffic to abutting properties from a street.
INSPECTOR
The Township's authorized representative assigned to inspect
permit operations.
LOW-VOLUME DRIVEWAY
A driveway used or expected to be used by more than 25 but less than
750 vehicles per day.
MEDIUM-VOLUME DRIVEWAY
A driveway used or expected to be used by more than 750 but less
than 1,500 vehicles per day.
MINIMUM-USE DRIVEWAY
A residential or other driveway which is used or expected to be used
by not more than 25 vehicles per day.
OWN
To hold title to land or a building or be a tenant in a lease that
will not terminate within 15 years of the permit issuance date.
PAVEMENT EDGE
The edge of the main traveled portion of any street, exclusive of
shoulder.
PERMANENT CURBING
Plain or reinforced cement concrete or asphalt curb which meets Township
standards.
PERMIT
A street occupancy permit issued by the Township pursuant to this
chapter.
PERSON
Any natural person, firm, copartnership, association, corporation,
or political subdivision.
PLANS
Drawings which show the location, character, and dimensions of the
proposed occupancy and related street features, including layouts, profiles,
cross sections, drainage, and other details.
PROPERTY LINE CLEARANCE
The distance measured along the pavement edge or curb between the
property frontage boundary line and near edge of the driveway.
PUBLICATION 43
A Pennsylvania Department of Transportation publication, sometimes
called "Bulletin 43," containing requirements for the maintenance and protection
of traffic on construction projects.
PUBLICATION 68
A Pennsylvania Department of Transportation publication containing
regulations governing the design, location, and operation of all official
traffic signs, signals, and markings on and along highways.
PUBLICATION 90
A Pennsylvania Department of Transportation publication containing
requirements for work area traffic control during highway maintenance operations
and utility work.
RIGHT-OF-WAY
The area which has been acquired by the Township for street purposes.
ROADWAY
That portion of a street improved, designed, or ordinarily used for
vehicular travel, exclusive of the sidewalk or shoulder.
SETBACK
The lateral distance between the right-of-way line and the roadside
building, liquid fuel pump island, display stand, or other object, which will
result in space for vehicles to stop or park between such objects and the
right-of-way line.
SHOULDER
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.
SHOULDER LINE
The intersection of the shoulder slope with the side slope or ditch
slope.
SIDEWALK
A paved walkway, continuous for a reasonable distance and an integral
part of the street, constructed solely for use by pedestrians.
STABILIZED MATERIAL
Any aggregate such as aggregate cement, aggregate bituminous or lime
pozzyolan, placed in such a manner as to provide a smooth, stable, all-weather
surface not subject to undue raveling.
STOPPING SITE DISTANCE
The distance required by a driver traveling at a given speed to stop
the vehicle after an object on the roadway becomes visible to the driver.
STREET
Includes street, road, lane, alley, court intended for public use
and shall include the cartway, sidewalk, gutter or right-of-way area, whether
or not such street, or any part thereof, is owned in fee by others within
the Township.
TRAVELED WAY
The portion of the street for the movement of vehicles, exclusive
of shoulders and auxiliary lanes.
TRAFFIC CONTROL DEVICE
Any sign, signal, marking or device placed or erected for the purpose
of regulating, warning or guiding vehicular traffic or pedestrians, or both.
TURNING RADIUS
The radius of an arc which approximates the turning path of the exterior
corner of a vehicle.
VEHICLE
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 of the Commonwealth of Pennsylvania.
Any person, partnership, corporation or any other type of entity filing
an application for a driveway permit with Penn Township shall, at the time
of said filing, pay to Penn Township a fee as shall be set forth in a resolution
duly adopted by the Board of Commissioners of Penn Township.
Any person, partnership or corporation violating any provision of this
chapter shall, upon being found liable therefor in a civil enforcement proceeding,
pay a judgment of not more than $500 per lot or parcel, plus all court costs,
including reasonable attorney's fees incurred by the Township of Penn
as a result thereof. Each day that a violation continues shall constitute
a separate violation hereof, unless the District Justice determines that there
was a good faith basis for the person, partnership or corporation violating
this chapter to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the fifth
day following the date of the District Justice determination of a violation,
and thereafter, each day that a violation continues shall constitute a separate
violation. All moneys collected for such violations shall be paid over to
the Township of Penn. The description by metes and bounds in the instrument
of transfer or other document used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from the
remedies herein provided. Further, the appropriate officers or agents of the
Township of Penn are hereby authorized to seek equitable relief, including
injunction, to enforce compliance with this chapter.