Township of Easttown, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown 10-18-1971 by Ord. No. 112. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 395.
Standard construction and material specifications for public improvements — See Ch. A490.

§ 177-1 Title.

This chapter shall be known as the "Easttown Township Driveway Ordinance."

§ 177-2 Purpose. [1]

The purpose of this chapter is to ensure the maintenance, location and alteration of driveways in the Township in a manner consistent with the safe use thereof, the safe and unobstructed flow of traffic on public highways, proper maintenance of such highways and proper control of surface drainage within Township road rights-of-way.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 177-3 Regulations. [1]

The Board of Supervisors does hereby promulgate regulations to serve as standards for the construction of driveways in the Township. Refer to Chapter A490, Article IV, Driveways, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 177-4 Permit requirements. [1]

After the effective date of this chapter, no driveway shall be constructed or altered within a Township road right-of-way without the obtaining of a permit by a responsible person connected with the construction, nor without the obtaining of any other authorization required by law. "Alteration of a driveway" shall mean its relocation or a material change in its grade affecting visibility, drainage or problems of highway maintenance. Alteration shall include driveway repair and resurfacing within the Township road right-of-way, but shall exclude driveway sealing. Permit application and inspection fees shall be as established from time to time by resolution of the Board of Supervisors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 177-5 Application for permit. [1]

Persons desiring a permit hereunder shall submit an application to the Township Engineer or his designee along with plans and specifications for proposed construction or alteration.
A. 
The permit application shall be accompanied by a certificate of insurance from the applicant's contractor, specific to the subject property, naming Easttown Township as an additional insured. The additional insurance shall be not less than $100,000 per occurrence and shall include general liability, property damage and workers' compensation coverage. The certificate shall be written by a company licensed to do business in the Commonwealth of Pennsylvania and shall be in a form satisfactory to the Township.
B. 
The permit application and permit shall contain the following language: "The applicant/permittee agrees to indemnify and save harmless the Township, its officials, agents, contractors, servants and employees (including, without limitation, the Township Engineer or his designee), of, from and against any and all liability, demands, claims, suits, actions, fees, expenses and costs (including, without limitation, attorneys' fees and legal costs, engineering fees and costs and expert witness fees and costs) and/or judgments, whether founded or unfounded, of whatever nature or kind, which may be brought, asserted or rendered against, or which may be incurred by, the Township, its officials, agents, contractors, servants and employees, or any of them, directly or indirectly caused by, arising from or related to the work and/or the performance of the work for which the permit is granted, whether or not any such liability, demands, claims, suits, actions, fees, expenses and costs and/or judgments are caused by or arise from, directly or indirectly, the negligence of the person, firm, corporation or other entity to whom or which the permit is issued."
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 177-6 Review and action by Township Engineer. [1]

The Township Engineer or his designee shall have the power to grant or deny applications hereunder. He shall review applications in light of the regulations promulgated hereunder and shall apply the standards set forth herein in granting or denying applications.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 177-7 Permit denials.

[Amended 6-2-2014 by Ord. No. 422-14]
In the event of denial of an application, it shall be the duty of the Township Engineer or his designee to point out to the applicant the respects in which his application fails to meet the standards applicable and to consider any revised applications.

§ 177-8 Waivers.

[Amended 6-2-2014 by Ord. No. 422-14]
In exceptional cases where conformity to the standards imposed by regulations promulgated under this chapter would be impossible or impracticable or would cause unreasonable expense or hardship, the Township Engineer or his designee shall be empowered to recommend, and the Board of Supervisors to grant, by resolution, waivers from the literal provisions of such regulations upon terms and conditions consistent with the public interest and safety.

§ 177-9 Deviation from approved plans prohibited.

No construction or alteration of driveways shall deviate from the plans and specifications submitted with the approved application.

§ 177-10 Supervision by Township Engineer.

[Amended 6-2-2014 by Ord. No. 422-14; 12-15-2014 by Ord. No. 424-14]
It shall be the duty of the Township Engineer or his designee to supervise and inspect all construction or alteration of driveways within the Township to ensure conformity with Township requirements. The applicant shall provide the Township Engineer or his designee with a minimum of two workdays' advance notice (excluding holidays) for all inspections, except paving installations, which shall require three workdays' advance notice (excluding holidays). For new driveway construction, up to three inspections are required as follows: 1) inspection of the aggregate base; 2) inspection of the base course (if applicable); and 3) inspection of the top coat, leveling grade, crown or cross-slope, stormwater management, sidewalk (if applicable), apron (if applicable) and building sewer cleanout and/or vent riser location and protection (if applicable), and compliance with the standards and special conditions listed in the driveway permit. For alterations or repairs to an existing driveway, one inspection is required following completion of the work. Additional reinspections may be required if the inspections herein referenced do not evidence compliance.

§ 177-11 Building permits.

No building permit under the Township Building Code shall be issued for new construction requiring construction of a driveway until the provisions of this chapter have also been complied with.

§ 177-12 Amendment of regulations.

The Board of Supervisors may amend the regulations promulgated hereunder from time to time.

§ 177-13 Effect of amendments; commencement and completion of work.

[Amended 6-2-2014 by Ord. No. 422-14]
The effectiveness of a permit pursuant to which construction or alteration has not yet in good faith been commenced shall be subject to any amendments to the regulations hereunder. Construction or alteration pursuant to such a permit must be performed in conformance with any amendments to the regulations. All work associated with the driveway permit shall commence within six months from the date of permit issuance and shall be completed within one year from the date of permit issuance. If the work has not been completed within one year from the date of permit issuance, the driveway permit shall become null and void.

§ 177-14 Construal of provisions; conflicts.

The provisions of this chapter and the rules and regulations promulgated hereunder shall be held to be minimum requirements to meet the above-stated purposes. Where such provisions impose restrictions inconsistent with those of any statute or other ordinance or regulation, the more stringent requirements shall prevail.

§ 177-15 Violations and penalties.

[Amended 6-2-2014 by Ord. No. 422-14]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

§ 177-16 Injunction. [1]

If the Township Engineer or his designee determines there may be a continuing violation of this chapter and that the criminal remedy provided hereunder will not ensure compliance herewith, he shall, with the consent of the Board of Supervisors, report the same to the Township Solicitor, who shall then institute an action in equity in the name of the Township to enjoin same.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).