For purposes of this chapter, the following terms shall have
the meanings indicated:
APPLICANT
Owner of land where driveway work is proposed and for which
a permit application is submitted. No workman, developer, contractor,
or other nonowner may be an applicant. Upon issuance of a driveway
permit, the applicant shall become the permittee.
CARTWAY
The portion of a road right-of-way, paved or unpaved, intended
for vehicular use.
CURBING, DEPRESSED
Concrete, or other suitable material, located generally along
the perimeter of a road, parking lot, or accessway, that is generally
flush with the ground. Depressed curbing includes transitions in elevations
from the depressed curbing height to the vertical curbing height.
CURBING, VERTICAL
Concrete, or other suitable material, located generally along
the perimeter of a road, parking lot, or accessway, that is typically
four to eight inches.
DRIVEWAY
A private vehicular access between a public or private road
or alley and an individual lot. The strip of land used to access private
or public property from any road where applicable. The driveway includes:
stone and bituminous material driven on by vehicles, aprons, depressed,
tapered, and vertical curbing adjacent to the road which the driveway
is accessed from, any stormwater conveyance infrastructure which allows
stormwater conveyance from one side of the driveway to the other,
as well as the area to be used as a means of ingress/egress from any
road onto any lot, parcel, or tract of land.
DRIVEWAY APRON
The transitional area between the edge of road pavement and
the owner's driveway that is primarily used for vehicular access.
This typically consists of portland cement or bituminous concrete
and allows for a change in grade for vehicles.
DRIVEWAY WORK
Any driveway work that exceeds the type of work set forth
in the definition of "maintenance driveway work," including, but not
limited to, any new installation, construction, reconstruction, widening
or extending a driveway, and any driveway work adjacent to or involving
any stormwater piping or conveyance infrastructure.
MAINTENANCE DRIVEWAY WORK
Seal coating, crack sealing, patching, pothole filling, overlaying
(not in excess of 1.5 inches), repaving (including milling, removing,
and replacing an existing driveway or portion thereof), and other
driveway maintenance not included as "driveway work," as defined herein.
PENNDOT
The Pennsylvania Department of Transportation.
PERMITTEE
An owner of land who obtains a permit for driveway work.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a road,
alley, crosswalk or for other public or semipublic purposes.
ROAD
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 "road" includes street, avenue, boulevard, road, highway,
freeway, parkway, lane, alley, and other ways used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
ROADMASTER
Township staff member responsible for making decisions in
regard to Township-owned roads and applicable road maintenance requirements.
STORMWATER CONVEYANCE INFRASTRUCTURE
Infrastructure, including pipes of any type, culverts, trench
drains, swales, structures, inlets, yard drains, etc., which allow
stormwater conveyance from one point to another.
TOWNSHIP ENGINEER
An employee of the Township's engineering consultant
who contains an active professional engineering (PE) license in the
Commonwealth of Pennsylvania.
Throughout all driveway work, the permittee shall maintain and
protect adjacent road traffic by providing traffic control, in accordance
with PennDOT regulations, including but not limited to the latest
version of PennDOT Publication 213. The permittee shall provide and
maintain all necessary precautions to prevent injury or damage to
persons and property.
In order to prevent a safety hazard on any road, a driveway
may only be installed or relocated if the location of the connection
allows adequate visibility of oncoming traffic from both directions
for vehicles exiting the driveway and sufficient braking distance
for any vehicle traveling the road which encounters a vehicle slowed
to safely enter the driveway.
A. The driveway's connection point with a Township road shall be
located to maximize available sight distance in both directions. Pennsylvania
Code Title 67, Chapter 441 (Access to and Occupancy of Highways by
Driveways and Local Roads), shall govern this subsection. Applications
shall, to the maximum extent feasible, provide the desirable sight
distance (see Tables 1 through 6). If the desirable sight distance cannot be achieved,
the minimum acceptable sight distance shall be provided. See Safe
Sight Stopping Distance - SSSD Formula, or the tables in the "Driveway
Sight Distance Measurements" (PennDOT Form M-950S).
B. The permittee may be required to clear vegetation, trees, and brush
in order to establish adequate sight distance, at their expense, regardless
if it is on private property or within the Township right-of-way.
C. The owner where the driveway is located shall be responsible for
maintaining proper sight distance for the driveway, in perpetuity.
If an owner fails or refuses to timely make any driveway improvements mandated by the Township, the Township shall be authorized to enter upon the owner's property in order to make any necessary driveway improvements at the sole cost and expense of the owner. Upon completion of said work, the Township shall submit an invoice to the owner for reimbursement. If the owner fails to reimburse the Township in the full amount within 30 days from the date of such invoice, the Township may pursue any or all of the legal remedies available to the Township to collect said amount from the owner, including those set forth in §
140-16 below, and including the placing of a lien on the property until such time as payment is made.
The grant of a permit under this chapter shall not constitute
a representation, guarantee, or warranty of any kind by the Township
or by any official, professional, consultant, employee, or agent thereof
of the practicability or safety of the proposed driveway work, including
the control of stormwater, and shall create no liability upon the
Township or its officials, professionals, consultants, employees,
or agents.
The permittee shall fully indemnify and save harmless and defend
the Township, its officials, employees, and agents from all liability
for damages or injury occurring to any person or persons or property
through or in consequence of an act or omission of any contractor,
official, agent, employee, or person engaged or employed in, about
or upon the work under or pursuant to the permit, by, at the instance
of, or with the approval or consent of, the permittee, from any failure
of the permittee or any such person to comply with this chapter, other
applicable law, and/or the terms and conditions of the permit for
a period of two years after completion of the work under or pursuant
to the permit.
The applicant, when requested by the Township, shall submit
to and in favor of the Township a certificate of insurance for public
liability and property damage, in such a form and in an amount satisfactory
to the Township. This certificate shall cover any loss that may be
incurred for or on account of any matter, caused or arising out of
work under or pursuant to the permit. Any request by the Township
for a certificate of insurance may be made at any time prior to the
issuance of said permit. If the request is made, the permit shall
not be issued until the Township is in receipt of the certificate
of insurance.