[Adopted 7-1-1963 as Ord. No. 56]
This Article shall be known and may be cited as the "Curb Cut and Driveway Approach Ordinance of the Township of Lower Makefield."
A. 
When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For purposes of this Article the following terms, phrases, words and their derivations shall have the meaning given herein:
APPLICANT
Any person making written application to the Township Engineer for a curb cut or driveway approach permit hereunder.
CORNER
The point of intersection of the lines of two street curb faces extended into the street intersection.
CURB PARKING SPACE
A length of curb equal to 22 feet where an automobile or other vehicle can park.
DRIVEWAY
A place on private property which enters any street and which is intended for the operation of automobiles and other vehicles.
DRIVEWAY APPROACH
An area, construction or facility between the cartway of a public street and private property intended to provide access for vehicles from the roadway of a public street to private property. For clarification, a driveway approach must provide access to something definite on private property such as a parking area, a driveway or a door at least seven feet wide, intended and used for the entrance of vehicles.
INSIDE SIDEWALK LINE
A line parallel to the property line lying along the edge of the sidewalk nearest the street, roadway or curb or where no sidewalk exists, a line in the street right-of-way parallel to and five feet from the line of the private property.
PARCEL OF LAND
A lot or lots or a tract officially registered under one ownership.
PERMITTEE
Any person who has been granted and has in full force and effect a curb cut and/or driveway approach permit issued hereunder.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
STREET
Any street, highway, sidewalk, alley, avenue, or other public way or public grounds in the Township.
TOWNSHIP
The Township of Lower Makefield, Bucks County, Pennsylvania.
TOWNSHIP BOARD OF SUPERVISORS or BOARD
The Board of Supervisors of the Township of Lower Makefield.
TOWNSHIP ENGINEER
The Township Engineer of the Township of Lower Makefield.
It shall be unlawful for any person to cut or break any curb and/or to construct and maintain any driveway approach unless such person shall first have obtained a curb cut and/or driveway approach permit therefor from the Township or its designee as herein provided.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
No curb cut and/or driveway approach permit shall be issued unless a written application upon forms provided by the Township for the issuance of a curb cut and/or driveway approach permit is submitted to the Township or its designee. The written application shall state:
(1) 
The name, address and telephone number of the applicant.
(2) 
The nature, location and purpose of the curb cut and/or driveway approach.
(3) 
The date of commencement and the date of completion of the construction of the curb cut and/or driveway approach.
(4) 
Other data as may reasonably be required by the Township or its designee.
B. 
The application shall be accompanied by a sketch showing the extent of the proposed curb cut and/or driveway approach, the dimensions and elevations of both the existing curb and/or ground prior to said curb cut and/or driveway approach and of the proposed completed dimensions and elevations, the location of the curb cut and/or driveway approach work and such other information as may be prescribed by the Township or its designee or the applicant may agree to construct the same according to Township specifications.
C. 
A permit fee shall be charged by the Township for the issuance of a curb cut and/or driveway approach permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The curb cut and/or driveway approach fee shall be in amounts to be established by resolution of the Township Board of Supervisors.[2]
[2]
Editor's Note: See Ch. A205, Fees.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
The Township Engineer shall limit the curb width of all curb cuts and/or driveway approaches insofar as practicable having due regard for the interests and convenience of the public and a reasonable use of the property served by such curb cut and/or driveway approach.
(1) 
Where only one curb cut and/or driveway approach is requested for a single parcel of land, the maximum width which the Township Engineer may approve shall be 16 feet.
(2) 
If more than one curb cut and/or driveway approach is desired on the same parcel, the maximum width of each curb cut and/or driveway approach shall not exceed 14 feet and not more than two curb cuts and/or driveway approaches shall be permitted on any given 200 feet, each additional 200 feet or fraction thereof shall be considered a separate parcel.
B. 
Any curb cut and/or driveway approach in excess of the above maximum widths may be granted but only upon the specific approval of the Board of Supervisors at a regular meeting and after receiving a written report from the Township Engineer.
The Township Engineer shall prepare the necessary specifications for curb cut and/or driveway approach construction. The specifications shall be adopted by resolution of the Township Board of Supervisors.
The Township Engineer shall be responsible for the inspection of all curb cuts and/or driveway approaches.
No curb cut and/or driveway approach shall interfere with municipal facilities such as street-lighting poles, traffic signal standards, signs, catch basins, hydrants, crosswalks, bus-loading platforms, utility poles, fire alarm supports, underground pipes or ducts or other necessary street structures. The Township Engineer is authorized to order and effect the removal or reconstruction of any driveway approach which now conflicts with street structures or which will conflict with street structures in the future. The cost of removing, reconstructing or locating such curb cuts and/or driveway approaches shall be at the expense of the abutting property owner.
Any plans submitted to the Building Inspector for approval which include or involve unusual curb cuts and/or driveway approaches or problems shall be referred by the Building Inspector to the Township Engineer for his approval before a building permit is issued.
The Township Board of Supervisors is hereby authorized to grant, in writing, variances from the strict application of the provisions of this Article, provided that it first determines that the following conditions are present:
A. 
The variance request arises from peculiar physical conditions not ordinarily existing in similar locations in the Township or is due to the nature of the business or operation on the abutting property.
B. 
The variance desired is not against the public interest, particularly safety, convenience and general welfare.
C. 
The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or tenants.
D. 
The strict application of the terms of this Article will work unnecessary hardship on the property owner or tenant.
Any owner, tenant, builder, contractor, architect, workman or other person who shall cut any curb and/or construct any driveway approach or shall do or cause to be done any work in the cutting of any curb and/or the construction of any driveway approach without first having secured a permit as required by this Article or who shall fail to comply with any of the requirements of said permit or of this Article or its regulations or who shall fail to comply with any regulation, order or direction of the Township Engineer or who shall in any way violate any of the provisions of this Article or its regulations, shall be liable, upon conviction thereof, to a fine not exceeding the sum of $1,000, plus costs of prosecution, including reasonable attorney's fees, for each and every offense. Whenever such person shall have been notified by the Township Engineer or by the service of summons or by arrest in any prosecution for violation of the Article or by any other means whatever that he is committing violation of this Article, each day in which he shall continue such violation following such notice shall constitute a separate offense punishable by a like fine. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.