[Adopted Ord. 1987-6, 12/19/1987, § 1]
This Part shall be known and hereafter referred to as the "Kingston
Township Driveway Ordinance."
[Adopted Ord. 1987-6, 12/19/1987, § 2]
For the purpose of this Part, the following terms shall have
meanings ascribed thereto, as follows:
The Board of Supervisors of Kingston Township, Luzerne County,
Pennsylvania.
The party, person, firm, partnership, and/or corporation
who or which installs a driveway, including all agents, officers,
or employees of said party, person, firm, partnership and/or corporation.
Any area of land designated or to be used as a means of ingress
and/or egress for either vehicles and/or pedestrian traffic from a
public road to a piece, parcel, or tract of land.
The owner of the land upon which the driveway is located.
A permit issued by the Board to signify approval of the driveway
connection.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Any road, street, alley or public thoroughfare whether actually
maintained by Kingston Township as part of its road system, or whether
shown on a subdivision or land development plan and intended to be
offered or dedicated to Kingston Township in the future as part of
its road system.
[Adopted Ord. 1987-6, 12/19/1987, § 3]
No person, owner and/or contractor shall hereafter install,
initiate any work, or allow the installation or initiation of any
work toward the installation of a driveway without first obtaining
a permit therefor from the Board.
[Adopted Ord. 1987-6, 12/19/1987, § 4]
Any person, owner and/or contractor shall, prior to obtaining
a driveway permit, file an application, on an application form supplied
by the Board, reflecting and showing the location of the driveway
relative to the premises and designating the course, grade, structure,
materials, and drainage facilities, if any, involved in the construction
of the driveway. The application shall be reviewed by the Engineer
or Road Superintendent of the Township. The Engineer or Road Superintendent
shall determine if the proposed method of constructing or making said
connection, as reflected on the application, is such that it will
(1) minimize the adverse effect of stormwater run-off resulting from
said connection, (2) not cause damage to the road to which the driveway
is to be connected, and (3) not create or increase hazardous driving
conditions for those persons using the road on which the driveway
is to be connected. If found satisfactory by the Engineer or Road
Superintendent, he shall so advise the Board, and the Board will issue,
or cause to be issued, the permit. If the plan is found deficient,
or if in the opinion of the Township Engineer or Road Superintendent
the plan could be improved so as to (1) minimize the adverse effect
of stormwater run-off, (2) lessen drainage to the road to which the
driveway is to be connected, or (3) lessen hazardous driving conditions
on the road to which the driveway is to be connected, the Engineer
or Road Superintendent shall, by written communication to the owner,
notify him of the changes to be made. The applicant shall immediately
make such changes and return the revised plan to the Township. When
such plan is in acceptable form, the Board shall approve or cause
the same to be approved and the permit issued.
[Adopted Ord. 1987-6, 12/19/1987, § 5]
The application shall be accompanied by an application fee in
the amount of $25 to cover costs of processing the permit along with
a preliminary and final inspection to be conducted by the Township
Engineer or Road Superintendent. Resurfacing $10.[1]
[1]
"Resurfacing $10" hand written on Ord. 1987-6.
[Adopted Ord. 1987-6, 12/19/1987, § 6]
All construction in any way incidental to the installation of
the driveway shall be performed in strict conformance with the approved
plans and the suggested design standards of the Township of Kingston.
[Adopted Ord. 1987-6, 12/19/1987; § 7]
Each driveway, whether serving the same premises or not, shall
require an individual permit.
[Adopted Ord. 1987-6, 12/19/1987, § 8; as amended
by Ord. 97-3, 11/12/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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.
