[Adopted 1-22-1997 by Ord. No. 1083[1]]
[1]
Editor's Note: This ordinance also repealed
former Article VII, Driveway Openings; Curbs, adopted 9-25-1991 by
Ord. No. 1019.
This article shall be known and may be cited
as the "Curb Cut Ordinance of the Borough of Milton."
A.
When not inconsistent with the context, words 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.
ACCESS DRIVE
APPLICANT
BOROUGH
CURB CUT or INSTALLATION WORK
DRIVEWAY
PERMITTEE
PERSON
STREET
For the purposes of this article, the following terms,
phrases, words and their derivations shall have the meanings given
herein.
A two-lane cartway designed for entry or exit into a development
and allowing for curbside parking.
Any person making application to the Borough for a curb cut
or installation permit hereunder.
The Borough of Milton.
The cutting of curbs, installation of curbing, installation
of driveway openings or other work permitted under a curb cut or installation
permit and required to be performed under this article.
A single lane cartway designed for entry or exit into a zoned
lot.
Any person who has been granted and has in full force and
effect a curb cut or installation permit issued hereunder.
Any individual, firm, corporation, partnership, association
or organization of any kind.
Any street, highway, sidewalk, alley, avenue or other public
way or grounds or public easements in the Borough of Milton or in
a subdivision proposed for dedication to the Borough.
It shall be unlawful for any person to dig up,
break, excavate or in any manner disturb or install concrete curbing
or driveway openings unless such person shall first have obtained
a curb cut or installation permit.
No curb cut or installation permit shall be
issued unless an application for the issuance of a curb cut or installation
permit, on forms provided for that purpose, is submitted to the Borough.
The application shall state the name and address of the applicant,
the nature, location and purpose of the curb cut or installation,
the date of commencement and date of completion of the curb cut or
installation, and other data as may be reasonably required by the
Borough. The application shall be accompanied by plans showing the
extent of the proposed work, the location of the work, and such other
information as may be prescribed by the Borough. It is permissible
for public utilities to telephone the Borough to submit permit information
to perform maintenance work on their facilities as long as written
documentation is subsequently submitted.
Each applicant who files a request for the issuance
of a curb cut or installation permit shall pay to the Borough of Milton
at the time of filing said request the sum of $100 per zoned lot,
which shall be nonrefundable and which shall be used by the Borough
of Milton to pay the costs of processing the application and inspecting
said curb cut, curb installation or driveway installation. Variations
pursuant to this section shall only be approved following review by
the Borough Manager or a designated Borough representative. No proceedings
shall be initiated until the aforesaid filing fees and charges are
paid by the applicant. The estimated cost of the engineering review
shall be paid by the applicant at the time of the filing of the application.
Public utilities shall be billed for permit fees on a monthly basis
at the discretion of the Borough.
A.
All driveways shall be located, designed, constructed
and maintained in such a manner as not to interfere with or be inconsistent
with the design, maintenance and drainage of the highway or street.
B.
A driveway shall be permitted at locations in which:
(1)
Sight distance is adequate to safely allow movement
to be made into or out of the driveway.
(2)
The free movement of highway or street traffic is
not impaired.
(3)
A safety hazard is not created; and
(4)
Use of the driveway shall not create an area of traffic
congestion on the highway or street.
C.
A driveway shall also be subject to the following
location restrictions:
(1)
The driveway shall not be located at an interchange,
ramp area or a location that would interfere with the placement, functioning
or maintenance of a highway or street sign, detector, lighting or
other device that affects traffic control.
(2)
Where the driveway is located near a signalized intersection,
the Borough may require that the applicant or person desiring to use
the driveway provide new or relocated detectors, signal heads, controls
and other devices for the control of traffic movements from the driveway.
(3)
Where the property abuts two or more streets or highways,
ingress and egress may be restricted to only that highway or street
which can more safely accommodate its traffic. Direct access from
residential lots to an arterial street shall be avoided but, if necessary,
adequate turnaround space shall be provided behind the right-of-way
line.
(4)
The Borough may require that applicant to locate a
driveway directly across from a highway, street or driveway on the
opposite side of the highway or street if it is determined the offset
driveway shall not create a safety hazard.
(5)
The Borough may restrict left turn movements from
the property.
(6)
The number of driveways shall not exceed one per lot
on any one highway or street frontage. Additional driveways may be
approved where required to meet exceptional circumstances or where
frontage of unusual length exists. Variations pursuant to this subsection
shall only be approved following review by the Borough Manager or
a designated Borough representative. If an engineering review is required
by the Borough's consulting engineer, the cost shall be borne by the
applicant. Where a nonresidential facility abuts a street which is
part residential, access shall not be permitted to the residential
street if other access is available.
(7)
Access drives shall be paved and shall not exceed
36 feet in width within the street right-of-way, except as increased
by the curb radii.
(9)
A driveway shall not exceed a slope of 10% within
10 feet of the street line. When a driveway enters a bank through
a cut, unless a retaining wall is used, the side slopes of the cut
shall be graded to not more than one-half-foot vertical to one foot
horizontal within ten feet of the point the driveway intersects with
the right-of-way line. Except in the case of single- and two-family
dwellings, the general layout shall be such that there shall be no
need for motorists to back over a street or highway.
D.
A valid highway occupancy permit shall be obtained
from the Pennsylvania Department of Transportation when any driveway
is proposed for connection to a state highway or legislative route
and such permit is required by law.
E.
The width of driveways shall be in accordance with
the following standards:
(1)
For all nonresidential development or subdivisions,
driveways shall be no less than 24 feet in width and no greater than
36 feet in width at the right-of-way line and shall clearly be defined
by the use of concrete curbing.
(2)
For all residential subdivisions, driveways shall
be no less than 12 feet in width and no greater than 24 feet in width
at the right-of-way line and shall be clearly defined by the use of
concrete curbing.
A.
Curbs shall be installed in all subdivisions or land
developments, as follows:
(1)
All curbs shall be vertical plain cement concrete
constructed in accordance with specifications and design standards
of Pennsylvania Department of Transportation Publication 408 Specification,
as amended from time to time, including, but not limited to, excavation,
forms placing, finishing, curing, joints and all materials.
(2)
All new curbs shall be eight inches wide tapering
to seven inches at the top with an eight-inch face reveal. Curb depth
shall be a minimum of 18 inches as per standard drawings, or can be
22 inches. Contraction joint saw cuts are to be placed a maximum of
15 feet six inches and a minimum of four feet in the curb installation.
Saw cuts are to be 3/16 inch wide.
(3)
Handicap ramps shall be provided at all intersections
and crosswalks in accordance with the Pennsylvania Department of Transportation
Publication No. 72 RC-67.
(4)
The line and grade of all curbs and ramps shall be
set forth on the final subdivision or land development plat, and said
curbs and ramps shall be set and finished to said line and grade.
The applicant shall provide ramps or curb cut
ramps when making new installation of sidewalks or curbs or improving
or replacing existing sidewalks or curbs. Ramps shall be constructed
in accordance with the guidelines and design criteria contained in
Pennsylvania Department of Transportation Publication 70 entitled
"Guidelines for Design of Local Roads and Streets," as amended from
time to time. The Borough may waive installation of ramps where not
feasible, at hazardous locations or at unavoidable permanent locations.
Work shall progress in an expeditious manner
until completion in order to avoid unnecessary inconvenience to the
general public. In the event that the work shall not be performed
in accordance with the applicable regulations of the Borough's consulting
engineer or in accordance with the provisions of this article or shall
cease or be abandoned without due cause, the Borough may, after seven
days' notice, in writing, to the holder of said permit of intent to
do so, correct said work, and in any such event the entire cost to
the Borough of such work shall be a liability of and shall be paid
by the person to whom the permit was issued.
The permittee shall indemnify, keep and hold
the Borough free and harmless from liability on account of injury
or damage to persons or property arising or growing out of the permittee's
negligence in making any curb cut, curb installation or driveway installation.
In the event that suit shall be brought against the Borough, either
independently or jointly with the permittee on account thereof, the
permittee, upon notice to it by the Borough shall defend the Borough
in any suit at the cost of the permittee, and in the event of a final
judgment being obtained against the Borough, either independently
or jointly with the permittee, the permittee shall pay such judgment
with all costs and hold the Borough harmless therefrom.
If any person shall fail, refuse or neglect
to comply with the provisions of this article, or any rules or regulations,
or any reasonable orders or directions of the Borough representative
in reference thereto, the Borough may refuse to issue further permits
to such person while awaiting compliance with the Borough's provisions
or rules.
Any person violating any of the provisions of
this article shall be deemed guilty of a misdemeanor and punished
by a fine of not more than $1,000 or by imprisonment for not more
than 90 days for each offense. Each day of a violation shall constitute
a separate and distinct offense and shall be subject to separate summary
proceedings before a District Magistrate, and subject to the penalty
imposed by this section for each and every day such violation shall
continue.
