[Ord. 07-06, 5/14/2007, § 1]
This part shall be known and may be cited as the "New Hanover
Township Driveway Ordinance."
[Ord. 07-06, 5/14/2007, § 2]
The following words and phrases when used in this part shall
have the meaning ascribed to them in this section except where the
context clearly indicates a different meaning:
Person applying for driveway permit.
The Board of Supervisors of the Township of New Hanover,
Montgomery County, Pennsylvania.
The portion of a street, whether dirt and gravel or improved
with a hard wearing surface, used for the passage of vehicles.
An area of unobstructed vision at the intersection of a street
and driveway defined by lines of sight between points at a given distance
from the intersection of the street and driveway center lines.
Every entrance or exit used by vehicular traffic to or from
properties abutting a street or highway.
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
The width of a lot or property which abuts a street, being
the distance measured along the street right-of-way line from one
side lot line to the other.
Every publicly used street or highway within the boundaries
of New Hanover Township, Montgomery County, Pennsylvania, other than
a state highway, including all existing or proposed streets, lanes,
alleys, courts and ways.
A hard wearing road surface such as black top/macadam or
concrete, or any combination thereof, but not including a dirt or
gravel street surface.
The edge of the main traveled portion of any street or highway,
exclusive of shoulders.
A permit issued by the Permit Officer for the penetration
and occupancy of the right-of-way area of a local street by the improvement
or installation and construction of a driveway therein.
The individual or firm appointed by the Board of Supervisors
having the responsibility of administering and enforcing the terms
and provisions of this part.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, federal government or agency,
state government or agency, or any other entity whatsoever which is
recognized by law as the subject of rights and duties.
The area between the right-of-way lines of a street.
The portion of a street, contiguous to the main traveled
portion, for accommodation of stopped vehicles, for emergency use,
and for lateral support of base and surface courses and pavements.
A strip of land, including the entire right-of-way, (i.e.,
not limited to the cartway) to provide access to more than one lot.
The word "street" includes street, avenue, boulevard, thoroughfare,
road, highway; freeway, parkway, lane, alley, viaduct and other ways
used or intended to be used by vehicular traffic or pedestrians, whether
public or private. Streets are further classified according to the
function they perform.
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ALLEYS — The ultimate right-of-way for an alley is 36
feet.
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DEVELOPED ARTERIAL HIGHWAY — The three primary functions
of a developed arterial highway are to connect major centers of activity
and to move higher volumes of traffic and to provide access to many
properties.
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LOCAL ROADS (STREETS) — Local roads or streets are all
other roads and streets not of a higher classification.
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MARGINAL ACCESS STREETS — The easement for a marginal
access street is 47 feet. However, no right-of-way is required where
a marginal access street is part of a nonresidential development,
is kept as a private circulation improvement, and there is no dedication
to the Township or other governmental body.
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MAJOR COLLECTOR HIGHWAYS — Major collector highways provide
the link between the arterials, minor collectors and local streets.
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MINOR COLLECTOR ROADS — Minor collector roads serve similar
functions as major collectors in that they provide connections among
arterial highways, major and minor collectors, local roads, residential
neighborhoods and nonresidential areas. Traffic volumes are lower
than higher order roads. Minor collector roads should be designed
to provide traffic flow with minor interruptions.
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RURAL ARTERIAL HIGHWAYS — The primary function of rural
arterial highways is to connect major centers of activity and to move
vehicles through the community.
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Any landowner (whether legal or equitable), agent of such landowner, or tenant with the written permission of such landowner, who makes or causes to be made a subdivision, as defined in Chapter 22, Subdivision and Land Development.
Improvements to a driveway shall be deemed to be substantial
if a previously unpaved driveway is to be paved; if a drainage pipe
is to be installed or replaced; if any grading or excavation is to
be done within 10 feet of a local street right-of-way; if the original
grade or design of a driveway is to be changed; or if any work done,
onto be done, is likely to create, increase or otherwise affect stormwater
flow or discharge within the cartway or right-of-way area of any local
street.
The Township of New Hanover, Montgomery County, Pennsylvania.
[Ord. 07-06, 5/14/2007, § 3]
1.
No driveway, in New Hanover Township, shall be laid out, opened,
installed, constructed or substantially improved unless it shall be
in accordance with the following:
A.
Any driveway which requires the penetration or occupancy of a state
or Montgomery County highway right-of-way area shall be laid out,
opened, installed, constructed or substantially improved only in accordance
with a permit issued by the Pennsylvania Department of Transportation
or Montgomery County pursuant to the provisions of Chapter 441 of
Title 67 of the Pennsylvania Code.
B.
Any driveway which requires the penetration or occupancy of a local
street right-of-way area shall be laid out, opened, installed, constructed
or substantially improved only in accordance with a permit issued
by the New Hanover Township Permit Officer under the provisions of,
this part, any other applicable ordinances of New Hanover Township,
and such driveway regulations, provisions and specifications as may
be enacted by the Board of Supervisors of New Hanover Township, from
time to time.
C.
Except as herein provided, any driveway which causes silt, stone
debris or water to be deposited in a right-of-way area of any local
street shall be improved to eliminate said discharge. A permit is
required as set forth above if the corrective work is a substantial
improvement.
2.
In those instances where a Township road has adequate drainage facilities
and the Permit Officer determines that directing run-off to the road
right-of-way is an appropriate method of stormwater control, the Permit
Officer has the discretion to grant an exemption from the above improvement
requirements.
[Ord. 07-06, 5/14/2007, § 4]
1.
Any person required to obtain a driveway permit under the terms of
this part shall make application for the same on a form approved by
the Board of Supervisors, and said application shall be accompanied
by a fee in an amount to be determined by the Board of Supervisors.
2.
No permit as herein provided for shall be required for normal and
customary maintenance and repair of an existing driveway, providing
such normal and customary maintenance and repair does not constitute
substantial improvement.
3.
In addition to submitting to the Permit Officer the application and
the application fee, the application shall be accompanied by the following
information:
A.
A statement giving the location, purpose and description of all work
to be done.
B.
A driveway sketch and driveway profile plan prepared in accordance
with the sample attached hereto, marked Exhibit 21-2A-A and incorporated
herein, showing the area to be affected, existing improvements presently
erected or constructed thereon, proposed improvements and all property
boundary lines within 100 feet of the proposed driveway.
C.
If the discharge or passage of surface water drainage onto or within
the right-of-way area of a local street will be affected, stormwater
run-off calculations indicating run-off prior to and after the proposed
work, when such calculations are requested by the Permit Officer.
D.
Information pertaining to the treatment of storm drainage and means
of sediment and erosion control during and after the proposed work,
when requested by the Permit Officer.
4.
The location, design and mode of construction of all driveways and
drainage facilities is subject to the approval of the Permit Officer.
The Permit Officer may require that the plans filed with the application
shall be altered to reflect any changes or modifications which the
Permit Officer shall deem necessary to meet the requirements of this
part.
5.
All work shall be in strict compliance with the plans and specifications
for which the Permit Officer issued a permit.
6.
The Permit Officer shall not issue a permit for any work to be performed
under the terms and conditions of this part until such time as the
Permit Officer shall receive from the applicant all required information
and until such time as the Permit Officer has had an adequate opportunity
to investigate and research the said application. The Permit Officer
shall either approve or reject an application for a permit within
30 days after the Permit Officer has received from the applicant all
information and documentation required by this part and that required
by the Permit Officer in accordance with the terms and conditions
of this part.
[Ord. 07-06, 5/14/2007, § 5; as amended by Ord.
09-01, 6/22/2009, § 1]
1.
All driveways and related improvements shall be constructed and located
in such a manner as not to impair drainage or maintenance within any
street right-of-way area, alter the stability of a roadway subgrade,
materially change the drainage of adjacent areas, interfere with the
traveling public, present a hazard to the free movement of normal
street traffic, or create areas of undue traffic congestion on the
highway. All surface water shall be retained on the applicant's lot
whenever possible, and in no case shall the applicant channel surface
water and direct it or allow it to flow in force onto lower land.
2.
All work for which a permit is required under the provisions of this
part shall be done in accordance with the standards of this section
and any driveway regulations, provisions and specifications adopted
by the Board of Supervisors from time to time. All driveway entrances
shall be designed and constructed to comply with PennDOT RC-67M, "Curb
Ramp and Sidewalk Details," as amended. With respect to all driveways
which access onto state highways, the design criteria applicable shall
be those set forth in 67 Pa. Code, Chapter 441, "Access to and Occupancy
of Highways by Driveways and Local Roads."
3.
Driveway entrances shall be so located as to provide reasonable and
safe sight distance to the operator of a vehicle departing from a
driveway onto a local street. The location of all driveways is subject
to approval by the Permit Officer. Clear sight triangles shall be
provided at all intersections of driveways with local streets. The
clear sight triangles shall be free from any vegetative obstructions.
Within such triangles, no vision obstructing objects other than utility
poles, streetlights, street signs or traffic signs shall be permitted
that obscure vision above the height of 24 inches and below seven
feet measured from the center line grade of the intersecting driveway
and the local street. Driveways shall not be located in a manner to
endanger roadway traffic. Safe stopping sight distance shall be used
as design criteria which shall be based upon the posted speed limit
or as normal driving conditions may warrant.
4.
A clear sight triangle shall be established from a distance of 75
feet from the point of intersection of the center lines of the driveway
and a local street, except that a clear sight triangle of 150 feet
shall be provided for the intersection of a driveway with any collector
or major street. The sight distance is determined in the field from
a distance into the driveway of 10 feet from the pavement/cartway
edge. All visual obstructions shall be removed permanently from this
sight area. Driveways shall not be located in a manner to endanger
roadway traffic. Safe stopping sight distance shall be used as design
criteria which shall be based upon the posted speed limit or as normal
driving conditions may warrant.
5.
Any repairs to a driveway, for which a permit has been issued under
this part shall be done in such a manner that the repairs shall not
change the original design and specifications for the driveway, unless
the new design and specifications are first submitted to the Permit
Officer for approval. The Permit Officer will require the payment
of the filing fee established by the Board of Supervisors.
6.
Every driveway which requires the penetration or occupancy of a paved
local street shall be paved from the pavement/cartway edge for a distance
of 15 feet or to the right-of-way line, whichever is greater; provided,
however, that if the slope of the driveway at the right-of-way line
is 40% or greater, the same shall be paved for a minimum distance
of 50 feet from the pavement/cartway edge unless the Permit Officer
determines that some lesser distance is adequate. Driveway paving
shall consist of a minimum of two inches of bituminous wearing course,
on a minimum of four inches of crushed stone. If paving of the driveway
outside of the areas designated above is required for the purposes
of drainage, erosion control, and/or safety, the Permit Officer shall
have the authority to require that such additional paving be undertaken.
7.
All driveways shall have a minimum width of at least 10 feet and
a maximum width no greater than 20 feet measured at the legal road
right-of-way and the entrance shall be rounded at a minimum radius
of six feet. The entire driveway entrance, including the radii, shall
be located within the frontage of the property which is to be served
by the driveway. No driveway shall be closer than five feet from a
property boundary line.
8.
All driveways shall be located a minimum of 40 feet from the point
of intersection of the nearest street right-of-way line.
9.
No single lot or parcel of land shall have more than one driveway.
10.
All driveways shall have a leveling area not to exceed a grade of
4% within 20 feet of the intersection of the driveway with the cartway
of any local street. For an additional distance of a least 30 feet
from said leveling area, the maximum grade of the driveway shall not
exceed 10%. At no location shall the maximum grade of a driveway exceed
13%. A sample driveway sketch depicting acceptable driveway profiles
is attached hereto, marked Exhibit 21-2A-A and incorporated by reference
herein.
11.
Drainage.
A.
The intersection of all driveways within the pavement/cartway edge
shall be constructed by use of either a drainage swale or pipe, at
the option of the applicant and with the concurrence of the Permit
Officer. If a drainage swale is used, it shall slope from the cartway
at a minimum grade of 4% for a minimum of six feet from the pavement/cartway
edge. If a drainage swale is used, the gutter shall be at least four
inches lower than the edge of the pavement and six feet from the edge
of the pavement.
B.
This criterion may be modified by the Permit Officer if field conditions
dictate such. If a pipe is used, the size shall be determined by drainage
computations using ten-year storm frequency.
C.
The minimum pipe size shall be 12 inches. The pipe shall be located
at least six feet from the edge of the pavement unless field conditions,
upon Township inspection, indicate modification of this criterion.
The drainage pipe shall be of a length considered sufficient by the
Permit Officer.
D.
A sample driveway sketch depicting acceptable driveway profiles with
respect to swales and pipe is attached hereto, marked Exhibit 21-2A-A
and incorporated by reference herein.
12.
Where driveways are placed in relation to curb areas, the curb depression
shall be two feet wider than the drive. The curb shall be depressed
to 1 1/2 inch from the gutter line.
13.
All drives shall have a cross section cross slope of 3/8 inch per
foot incorporated as a crown or continuous slope from edge to edge
of pavement or such other cross slope as may be approved by the Permit
Officer upon satisfactory demonstration by the applicant of the appropriateness
thereof.
14.
The angle of a driveway as it intersects a street shall be such that
a vehicle entering the driveway may do so in an orderly and safe manner
with a minimum of interference to other street traffic and such that
a vehicle leaving the driveway may enter safely into the lane of traffic
moving in the desired direction. Driveways shall intersect streets
as nearly as possible at right angles, and in no case at an angle
of less than 60° or more than 120°.
[Ord. 07-06, 5/14/2007, § 6]
All driveways shall be maintained by the property owner in such
a manner as not to interfere with the design, maintenance, and drainage
of local streets, nor the safe and convenient passage of traffic upon
the local streets.
[Ord. 07-06, 5/14/2007, § 7]
1.
No paving of a driveway for which a driveway permit has been issued
pursuant to the terms of this part shall be commenced until the Permit
Officer shall have inspected the site and approved the work performed
up to the date of the site inspection. The applicant shall give the
Permit Officer a minimum of 48 hours' advance notice before paving
is commenced in order to afford the Permit Officer the opportunity
to perform the site inspection.
2.
Within 48 hours after completion of the work for which a permit was
issued, the party to whom the permit was issued shall notify the Permit
Officer of the completion of work so that the Permit Officer may inspect
the same. If the work was not performed in accordance with the plans
and specifications approved by the Permit Officer, the holder of the
permit shall be directed by the Permit Officer in writing to take
immediate steps at the permit holder's own expense toward placing
the work in such conditions as to conform to the approved plans and
specifications.
[Ord. 07-06, 5/14/2007, § 8]
1.
The Board of Supervisors may require a subdivider to submit with
his subdivision plans evidence that the standards for driveway construction
established in this part can be met for each lot within the subdivision.
The Board of Supervisors may further require subdivision plans to
show a typical treatment of the construction of driveways and the
handling of storm drainage and erosion and sediment control along
driveways.
2.
Subdivisions shall be designed to minimize the number of driveway
intersections with existing streets. Wherever deemed feasible by the
Township and required by the Township to minimize driveway intersections
with existing Township roads, thus lessening interruptions to traffic
flow and accident hazards, and to minimize erosion, sedimentation
and run-off problems onto existing streets, subdivisions shall be
provided with internal streets on which proposed lots will front and
to which the lots will have driveway access.
[Ord. 07-06, 5/14/2007, § 9]
Any person, firm, corporation or other entity applying for any
permit under this part, agrees by making said application to indemnify
and save the Township harmless from and against all liabilities of
whatever nature arising during the performance of the work or as a
result of the work for which a permit is granted, whether or not the
liability arises as a result of the negligence of the person, firm,
corporation or other entity to whom the permit was issued. The application
for a permit shall contain appropriate language indicating that the
applicant agrees to indemnify and save the Township harmless as aforesaid.
[Ord. 07-06, 5/14/2007, § 10; as amended by Ord.
17-03, 3/27/2017]
1.
Any person, firm, corporation who shall violate any provision of
this part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this part continues
or each section of this part which shall be found to have been violated
shall constitute a separate offense.
2.
The Permit Officer or any duly authorized agent of the Permit Officer
or of the Township may revoke any permit issued to any person, firm,
corporation or other entity violating any of the provisions of this
part.
3.
The imposition of penalties herein prescribed shall not preclude
the Township from instituting an appropriate action or proceeding
to prevent the performance of work or acts declared to be unlawful
under the provisions of this part, or to restrain, correct or abate
a violation.
[Ord. 07-06, 5/14/2007, § 11]
This part is adopted pursuant to the Township's police power
and is hereby declared not to be related to the zoning and/or land
planning authority of the Township and any person aggrieved by the
application, enforcement or other adjudication made pursuant to the
terms of this part may appeal within 30 days of said adjudication
for a hearing before the Board of Supervisors of New Hanover Township
in accordance with the applicable portions of the Pennsylvania Local
Agency Law, 2 Pa.C.S.A. § 551 et seq.
[Ord. 07-06, 5/14/2007, § 12]
1.
All ordinances and resolutions and parts of ordinances and resolutions
inconsistent with the provisions of this part are hereby repealed
insofar as they affect any work done after the effective date of this
part, but said ordinances or resolutions or parts thereof shall not
be repealed insofar as they apply to permits issued or acts of violations
occurring before the effective date of this part.
2.
Notwithstanding anything set forth above in this part, whenever the provisions of this part shall be inconsistent with the provisions of Chapter 27, Zoning, or other applicable Township ordinances as are from time to time in effect and the provisions of the said ordinances are more restrictive or contain more stringent requirements than are set forth in this part, then the provisions of Chapter 27, Zoning, of New Hanover Township or other applicable Township ordinances shall prevail and be applicable.
3.
The provisions of this part are intended as minimum standards for
the protection of the public, health, safety and welfare of the residents
and inhabitants of the Township. However, if the literal compliance
with any mandatory provisions of this part is shown by the applicant
to the Board of Supervisors present at a public meeting, to be unreasonable
and to cause undue hardship as applied to the applicant's property,
the Board of Supervisors may grant a waiver of such mandatory provisions
if the waiver will not be contrary to the public interest.
