[Adopted 9-13-1990 by Ord. No. 90-6]
This article shall be known as the “Street Excavation and Driveway Ordinance.”
The following words, when used in this article, shall have the meanings as ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
ACCESS
Any means for passage of vehicles between property abutting on a street and the street.
PERSON
Includes any natural person, partnership, firm, association or corporation.
STREET
Any public street, avenue, road, square, alley, highway, or other public place located in East Allen Township and established for the use of vehicles.
TOWNSHIP
East Allen Township, Northampton County, Pennsylvania.
TOWNSHIP OFFICIAL
Such person designated by the Township Board of Supervisors to determine standards as set forth in this article.
VEHICLE
Any device in, upon or by which any person or property is or may be transported or drawn upon a street.
Any person desiring to open or to make any excavation of any kind in any of the streets in the Township, or any person desiring to construct, install or erect any driveway or means of entrance to any street of the Township as a means of access from any private property, or to install, erect or construct any culvert or bridge, shall do so only in accordance with the provisions of this article and after securing a permit therefor.
A. 
Access drives and driveways shall be constructed and maintained to conform to all requirements of this article for Township streets, and Exhibit A as attached hereto,[1] except that no right-of-way must be provided.
B. 
Access drives and driveways shall not be permitted to have direct access to state highways unless authorized by the Pennsylvania Department of Transportation through issuance of a highway occupancy permit.
C. 
Separation distance.
(1) 
The minimum distance between an access drive or driveway to a street shall be as follows:
Distance Between Center Lines of Access Drive or Driveway and Nearest Intersecting Street by Type of Intersection Street
Arterial
Collector
Local
Residential
150 feet
100 feet
75 feet
Nonresidential or mixed
300 feet
200 feet
150 feet
(2) 
(2) If the intersecting streets are of two different types (i.e., arterial, collector, or local), the separation distance required for the more heavily traveled street shall be required on both legs or sides of the intersection.
D. 
A triangular area as defined in Subsection F below shall be graded and shall be continuously maintained free of sight obstructions so that vision between a height of from two to 10 feet above the center-line grades of the intersecting driveway, accessway, or streets is not obscured.
E. 
By means of deed restriction, lease restriction, or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner so as to obscure vision between a height of from two to 10 feet above the center-line grades of the intersecting driveway, accessway, or streets within the triangular area defined in Subsection F below.
F. 
Such triangular area shall be bounded by the intersecting driveway, accessway, or street center lines and a diagonal connecting two points, one which is at each end of the center line of each driveway, accessway, or street 30 feet from the intersection of such center lines.
G. 
Grades of access drives or driveways shall not exceed 11% for a maximum of 50 feet when access is to an arterial, collector or local street.
H. 
Each use with less than 100 feet of frontage on an arterial or collector street shall have not more than one accessway to each such street, and no business or other use with 100 feet or more of frontage on an arterial or collector street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway in order to avoid direct access to an arterial or collector street.
I. 
No part of any access driveway shall be constructed outside of the applicant’s frontage.
J. 
Each roadside business establishment shall provide sufficient parking or storage space off the right-of-way to prevent the storage of vehicles on the driveway or the backing up of traffic onto a street.
K. 
No part of the street right-of-way shall be used for servicing of vehicles, displays or conducting a private business. The area between the edge of the pavement and the right-of-way line shall be kept clear of all buildings, sales exhibits, business signs, parking areas, service equipment, etc., and any impediment to proper vision.
L. 
Angle of access driveway approach: control dimensions.
(1) 
Single driveway: as near 90° as site conditions permit.
(2) 
Two driveways:
(a) 
Two-way operation: as near 90° as site conditions permit.
(b) 
One-way operation: 45° minimum.
M. 
Property line clearance. No access driveway shall be located within 10 feet in all areas, or within five feet of the property frontage boundary line, except in those cases where as access driveway in common to two adjacent properties.
N. 
Slope of access driveway. All driveways shall be constructed in such a manner as not to impair drainage within the street right-of-way, alter the stability of the street subgrade or materially change the drainage of adjacent areas. Where open shoulders or berms exist the grade of a paved access driveway(s) shall slope away from the street pavement at the same rate as the existing shoulder (unless advised to the contrary by the Board of Supervisors or its properly designated official) for the prevailing width of the shoulder. The slope of a driveway beyond this point (within the street right-of-way) shall be not less than 1/2 inch per foot nor more than one inch per foot up or down.
O. 
Width of access driveway approaches: control dimensions.
(1) 
Residential: 10 feet minimum; 24 feet maximum (30 feet at the flare).
(2) 
Nonresidential and mixed use: 15 feet minimum; 35 feet maximum (60 feet at the flare). The width of access driveways shall not exceed the above dimensions when measured at right angles to the center line of driveway. Where a commercial access driveway approach and the street pavement meet, flaring of the driveway shall be required to allow safe and easy turning of the vehicle either into or out of a commercial development. Service station driveways shall not have a flared width greater than 60 feet.
P. 
The first 20 feet of the access driveway closest to the edge of the Township street, cartway, paved shoulder or curb (whichever exists) shall be paved with a cement concrete or bituminous paving surface within one year of occupancy or use of the property.
[Amended 4-17-1997 by Ord. No. 97-3]
Any person who shall open or excavate any improved street in the Township shall comply with the following requirements:
A. 
Any trench excavations should be undertaken at right angles to the center line of the asphalt surface.
B. 
The contractor must obtain “underground utility” clearance from all underground utility operators.
C. 
Traffic maintenance and protection signage and traffic control should be undertaken in accordance with PennDOT specifications for “short term” activities.
D. 
The proper pavement restoration, security, and bonding should be in place with the Township and in accordance with Township ordinances.
E. 
Cutting the pavement should be done with a saw.
F. 
All excavation backfill material should be 2A modified stone (or equal) in layers in accordance with PennDOT procedures.
G. 
Temporary restoration shall be with two inches of ID-2A wearing course material, tamped, and rolled in place to be flush with finished paving. Such temporary restoration to be left in place a minimum of 90 days.
H. 
Temporary restoration shall be maintained in good and passable condition for full term of the maintenance period and until permanent restoration is made.
I. 
Permanent restoration shall be undertaken as follows:
(1) 
Temporary paving and stone shall be removed to a depth of 5 1/2 inches to the fill width of the original cut trench.
(2) 
BCBC shall be installed to the fill width of the trench for a thickness of a minimum of four inches.
(3) 
The existing wearing course material adjacent to the trench shall be milled back for a distance of two feet on each side of the cut trench for a depth of 1 1/2 inches. ID-2 wearing material can then be installed for the trench width plus the milled width on each side of the trench to a depth of 1 1/2 inches. This material shall be ID-2 wearing course material placed in accordance with Section 120 of Publication 408 (PennDOT). This wearing course shall be paved smooth with adjacent asphalt surfaces.
(4) 
Paving to paving joints and paving to curb joints shall be sealed with proper joint sealer material and sanded.
(5) 
All final paving restoration shall be done only after notice (24 hours) to the Township so that the Township or representative can provide inspection of BCBC paving and ID-2 wearing course paving.
J. 
As an alternate, the permanent restoration may be undertaken as follows:
[Added 5-16-2003 by Ord. No. 2003-2]
(1) 
Temporary paving and stone and existing paving and base material shall be cut back for a distance of one foot on each side of the trench. This material shall be removed to a depth of 5 1/2 inches for the full width of the cut. This cutting shall be done by way of a saw to provide for a smooth vertical edge.
(2) 
BCBC shall be installed to the full width of the cut for a minimum compacted thickness of four inches (leaving sufficient space for 1 1/2 inches of ID-2 wearing course material). This BCBC material shall be provided and placed in accordance with Section 305 of PennDOT Publication 408.
(3) 
ID-2 wearing course material shall be placed across the trench area to the limit of the cut as described above for a minimum compacted thickness of 1 1/2 inches. This ID-2 material shall be provided and placed in accordance with Section 420 of PennDOT Publication 408. This wearing course shall be paved smooth with adjacent asphalt surfaces.
(4) 
Paving to paving joints and paving to curb joints shall be sealed with proper joint sealer material and sanded.
(5) 
All final paving restoration shall be done only after notice (24 hours) to the Township so that the Township or representative can provide inspection of BCBC paving and ID-2 wearing course paving.
A. 
No tunneling shall be allowed without the express approval of the Township or Township official and permission therefor endorsed upon the permit.
B. 
During the making of any excavation in any street every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the street in a safe and passable condition both day and night by guards, barriers, lighting and other devices, and all excavating permits are granted under the subject to the express condition that the person to whom the same is issued shall indemnify, save and keep harmless the Township from any loss in damages, or otherwise whatsoever, which may or shall be occasioned at any time by the said excavation, or by any leak, explosion or other injury from any pipe, apparatus, conduit, or any other matter placed or found, in the said excavation.
All driveways, adjacent areas between such driveways including channelization, paving, drainage, and area within Township right-of-way, installed by the permittee shall be maintained by the property owner in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the Township street, or the safe and convenient passage of traffic upon the Township street. The term “adjacent area” shall apply only to that area within the permittee’s property or property line extended.
A. 
Work authorized by a Township permit for construction of an access driveway shall be performed at such time and in such a manner as to conform to all requirements and standards specified herein. Such work will be inspected by the Township official immediately upon receipt of the completion notice from the permittee or at date of expiration of the permit. If an inspection of the work discloses that it is not being or has not been properly performed, the permittee will be notified, in writing, by the Board of Supervisors to take immediate steps, at his own expense, toward placing the work in such condition as to conform to said requirements and standards.
B. 
For street excavations, the applicant shall provide the Township with 24 hours’ notice prior to the start of such work so the Township can provide inspection, if they deem it necessary.
Before any permit shall be issued under this article, the applicant shall pay to the Township a permit fee in the amount to be determined by resolution of the Board of Supervisors from time to time, to cover the cost of inspection and other administrative services in connection therewith.
All work in connection with openings, or entrances in any street, including, but not limited to, excavation, protection, refilling and temporary paving, shall be done by the applicant at his expense.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.