[HISTORY: Adopted by the Board of Supervisors of the Township of
West Hempfield at time of adoption of Code; see Chapter 1, General Provisions,
Art. I. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the
meanings ascribed thereto, except where the context thereof clearly indicates
another meaning:
The Board of Supervisors of West Hempfield Township, Lancaster County,
Pennsylvania.
The traveled portion of any road.
The official designated by the Board to enforce the provisions of
this chapter.
The person who or which installs a driveway, including all agents,
officers or employees of said person.
Any lane, path or other area of land used by the owner or occupant
of property within the township as a means of access to and from the cartway
of a public road.
A driveway that will generate more than 1,500 trips per day.
A driveway that will generate from 26 to 750 trips per day.
A driveway that will generate from 751 to 1,500 trips per day.
A driveway that will generate up to 25 trips per day.
The owner and his or her heirs and assigns of the land upon which
the driveway is located.
The Department of Transportation of the Commonwealth of Pennsylvania
and any successor agency.
An individual, group of individuals, partnership, corporation or
association, whether incorporated or otherwise, and any other legally recognized
entity and the officers of such corporation and the members of such partnership
or association.
The total width, including the cartway, of a road.
Any road, street, alley, paved or unpaved, or other thoroughfare
owned or maintained by the township as part of its public road system or offered
for dedication to the township.
The Township of West Hempfield, Lancaster County, Pennsylvania.
A.
No person, owner and/or contractor shall hereafter install
a driveway or any portion thereof without first obtaining a permit from the
township.
B.
No person, owner and/or contractor shall hereafter reconstruct,
repair or resurface (excluding adding stone to an existing unpaved driveway
and application of liquid sealers to an existing driveway) a driveway or portion
thereof on or within any township right-of-way in a manner that will increase
the area or intensity of use or change the use without first obtaining a permit
from the township.
A permit issued under this chapter shall be valid for 12 months from
the date of issuance. The Code Enforcement Officer may, at his or her discretion,
grant one extension of the permit for up to six months upon written application
of the person to whom the permit was issued prior to the expiration of the
permit. The application for extension must indicate good cause for the failure
to complete work within the twelve-month time period. A permit shall not expire
while a request for an extension is pending.
The permit granted under this chapter shall be posted at the right-of-way
line so as to be visible from the roadway. The permit shall remain posted
until final approval of the work has been given.
B.
The sight distance for all driveways shall comply with
the requirements for state highways prescribed by the Pennsylvania Department
of Transportation as codified at 67 Pa. Code § 441.8, any amendments
and addenda thereto.
C.
The township will only permit the use of drainage pipes
under a driveway if all of the following conditions are met:
(1)
It is impossible or impractical to maintain drainage
flow without a pipe.
(2)
Calculations are submitted to the township showing that
the proposed pipe will have a capacity equal to or greater than the existing
gutter or that such pipe will pass a ten-year storm from the drainage area
without flooding the roadway. Runoff calculations shall be based upon the
United States Department of Agriculture Soil Conservation Service Soil-Cover-Complex
method, the Rational Formula of Q=CIA or any other method acceptable to the
Township Engineer. All pipes to be installed shall have a minimum diameter
of 15 inches.
(3)
The owner agrees, in writing, to maintain the pipe in
good condition free of debris and siltation.
(4)
The owner agrees, in writing. to relocate and/or replace
the pipe if at some future date the township improves or widens the public
road requiring such relocation and/or replacement.
D.
As part of the driveway construction, the owner shall
provide bituminous paving extending for a minimum distance of 10 feet from
the edge of any paved cartway to the owner's property. The paving shall consist
of a minimum eight-inch stone base course and a two-and-one-half-inch bituminous
course or equal paving approved by the township. The swale should be maintained
or the pipe should be located four feet from the edge of the cartway or as
otherwise directed by the Code Enforcement Officer.
E.
The provisions of this chapter relating to driveways
are intended as a minimum standard for the protection of public health, safety
and welfare. If the literal compliance with any mandatory provision of this
chapter relating to driveways is shown by the applicant, to the satisfaction
of the Board, to be unreasonable or to cause undue hardship as it applies
to a particular property or if the applicant shows that an alternative proposal
will allow for equal or better results, the Board may grant a waiver from
such mandatory provisions so that substantial justice may be done and the
public interest secured while permitting the reasonable utilization of the
property. However, the granting of a waiver shall not have the effect of making
null and void the intent and purpose of this chapter. In granting waivers,
the Board may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this chapter.
A.
Any person, owner and/or contractor shall, prior to obtaining
a driveway permit, file an application, on an application form supplied and
approved by the township, reflecting and showing the location of the driveway
relative to the premises and designated the course, grade, structure, materials
and drainage facilities, if any, involved in the construction of the driveway.
B.
The application shall be reviewed by the Code Enforcement
Officer and may be reviewed by the Township Engineer or Road Foreman. The
Code Enforcement Officer may consult with the Township Engineer or Road Foreman
to determine if the proposed method of constructing or making said connection,
as reflected on the application, is such that it will minimize the adverse
impact of stormwater runoff or surface drainage resulting from said connection,
not cause damage to the road to which the driveway is to be connected and
not create or increase hazardous driving conditions for those persons using
the road to which the driveway is to be connected. If found satisfactory by
the Code Enforcement Officer, Road Foreman or Township Engineer, the Code
Enforcement Officer will issue or cause to be issued the permit.
C.
If the plan is found deficient or if, in the opinion
of the Code Enforcement Officer, Road Foreman or Township Engineer, the plan
could be modified so as to minimize the adverse effect of stormwater runoff
or to lessen drainage to the public road to which the driveway is to be connected
or to lessen hazardous driving conditions on the road to which the driveway
is to be connected, the Code Enforcement Officer, Road Foreman or Township
Engineer shall, by written communication to the owner, notify him or her of
the changes to be made. The applicant shall make such changes and return the
revised plan to the township. When such plan is in acceptable form, the Code
Enforcement Officer shall approve the plan and will issue or cause to be issued
the permit. If the applicant refuses to make such changes, the application
shall be deemed denied for the reasons set forth in the written communication,
and the date of the written communication shall be the date of the denial
of the application.
D.
The applicant may appeal a denial of an application to
the Board. The appeal shall be made within 10 days to the Board by filing
written notice of the appeal with the Secretary of the township. The Board
shall thereafter hold a hearing and render a decision on the refusal to issue
a permit pursuant to the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551
et seq.
E.
Each driveway, whether serving the same premises or not,
shall require an individual permit.
The application shall be accompanied by such fee or fees as the Board
shall prescribe from time to time by resolution or ordinance not exceeding
the approximate reasonable cost of processing and reviewing the application
and making any necessary inspections.[1]
[1]
Editor's Note: The current fee resolution is on file in the office
of the Township Manager.
A permit under this chapter shall be applied for and obtained prior
to the application for a permit to commence the excavation for or the construction
or erection of any structure regulated by the Zoning Chapter of West Hempfield
Township, as amended.
A.
All construction in any way incidental to the installation
of the driveway or for the repair of a driveway for which a permit is required
under this chapter shall be performed in strict conformance with the approved
plans. After the proposed driveway has been stoned in but before the driveway
has received final surfacing, the person to whom the permit has been issued
shall notify the Code Enforcement Officer or Road Foreman. The driveway shall
not be final surfaced until the stoned-in area has been inspected and approved
by the Code Enforcement Officer or Road Foreman or their designated representative.
In the event that the owner and/or contractor fails to notify the Code Enforcement
Officer or Road Foreman prior to placing the final surface, the township may
direct the owner and/or contractor to remove the final surface in order that
the inspection may be completed. Such removal shall be at no expense to the
township. After the driveway has received final surfacing, the person to whom
the permit has been issued shall notify the Code Enforcement Officer or Road
Foreman.
B.
The contractor shall utilize procedures and/or traffic
control devices as necessary for the maintenance and protection of traffic
in strict accordance with PennDOT publication 203, "Work Zone Traffic Control,"
unless otherwise directed, in writing, by the Code Enforcement Officer.
The grant of a permit under this chapter shall not constitute a representation,
guaranty or warranty of any kind by the township or by any official or employee
thereof of the practicability or safety of the proposed driveway and shall
create no liability upon the township or its officials or employees.
[Amended 5-6-1997 by Ord.
No. 6-97]
If the Board of Supervisors or the officer designated to enforce this
chapter by the Board of Supervisors determines that a person has committed
or permitted the commission of a violation of this chapter, the Board of Supervisors
or such enforcement officer shall inform such person in writing of the violation,
shall notify such person to cease the violation of this chapter and shall
inform such person that he or she must pay a civil penalty to the township
within the range of the amounts set forth below to settle the violation. The
penalty for a first offense shall be not less than $50 and not more than $600;
the penalty for a second offense shall be not less than $100 and not more
than $600; and the penalty for a third or greater offense shall be not less
than $200 and not more than $600. If such person fails or refuses to remit
the penalty to the township within 10 days from the date of the written notice
of the violation of this chapter, the township may commence a civil enforcement
proceeding seeking penalties and costs for the violation of this chapter and/or
may commence an action in equity. The township shall seek a judgment for the
penalty previously imposed, together with additional daily penalties for continuing
violations, plus all court costs, including the reasonable attorneys' fees
incurred by the township in the enforcement proceedings. Each day that a violation
continues shall constitute a separate violation, and each section of this
chapter which is violated shall constitute a separate violation. If the defendant
neither pays nor timely appeals the judgment, the township may enforce the
judgment pursuant to the applicable rules of civil procedure.
In addition or in lieu of the penalties provided in § 64-11, violations of this chapter may be abated by the township proceeding against the violator in a court of equity to obtain injunctive relief.
Nothing in this chapter shall be construed to affect any suit or proceeding
pending in any court or any rights acquired or liability incurred or any permit
issued or approval granted or any cause or causes of action arising prior
to the enactment of this chapter.
