[HISTORY: Adopted by the Board of Supervisors of the Township of Connoquenessing as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-13-1974 by Ord. No. 23 (Ch. 21, Part 1, of the 1997 Code of Ordinances)]
In accordance with the provisions of 53 P.S. § 67322, as amended, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings, driveway connections, gas pipe, water pipe, electric conduits or other piping be laid upon or in, nor shall any telephone, telegraph or electric light or power poles or any coal tipples or any other obstructions be erected upon or in any portion of a Township road, except under such conditions, restrictions and regulations relating to the installation and maintenance thereof as may be prescribed in permits granted by the Township for such purpose.
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in duplicate. The application shall be accompanied by a fee as determined by the Department of Transportation for processing the application and another fee for making the inspection. Each application shall be accompanied by both fees. In addition, the applicant shall submit two copies of a sketch showing such dimensions as the location of the intended facility, width of traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after all the aforementioned requirements have been filed and the fee paid.
Upon completion of the work, the applicant shall give written notice thereof to the Township.
Upon completion of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. In addition to that inspection, the Board of Supervisors or its agents may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the Township, the Board of Supervisors may enforce compliance therewith. If the applicant fails to rectify a defect which presents an immediate or imminent safety or health problem within 48 hours or any other defect within 60 days after written notice from the Township to do so, the Township may do the work and impose upon the applicant the cost thereof, together with an additional 20% of such cost.
[Amended 9-9-1997 by Ord. No. 59]
Any person firm, or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge 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 article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[Adopted 10-8-1996 (Ch. 21, Part 2, of the 1997 Code of Ordinances)]
The following words, as used in this article, shall mean:
- Any enlargement, reduction, rearrangement or replacement of any driveway.
- The person, firm, corporation or other business entity which installs a driveway, including all agents, officers or employees of that person or business entity.
- Any area of land designated or to be used as a means of ingress and egress for vehicles traveling from a public road to a private parcel of land. "Driveway" shall also include such drainage structures as may be necessary for the purpose of construction and maintenance thereof.
- The Township of Connoquenessing.
- The legal title holder of the land upon which the driveway is located.
- The document issued by the Township signifying approval of the design of the driveway.
- Any natural person or persons, association, partnership, firm, corporation or municipal authority.
- PUBLIC ROAD
- Any road, street, alley or public thoroughfare, whether actually maintained by the Township, and any road, street, alley or public thoroughfare shown in the subdivision or land development plan intended to be dedicated to the Township in the future.
- Any public street, avenue, road, square, alley, highway or other public place located in the Township and established for the use of vehicles, but shall not include state highways.
For the purpose of this article, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine.
No driveway, local road, drainage facility or structure shall be constructed or altered within Township rights-of-way and no drainage facility of the Township shall be altered or connected onto without first obtaining a permit from the Township. A permit shall not be required for maintenance.
Permit applications shall be submitted in the name of and executed by the owner of the property.
Permit applications shall be submitted to the officer designated by the Township.
Permit applications shall be submitted prior to the construction of any building which the proposed driveway will serve to insure that the driveway can be constructed in accordance with this article.
Permit application procedures and required information.
Shall be submitted in person or by mail.
Shall be signed by the applicant.
Shall include two sets of plans indicating and detailing the location and the pertinent dimensions of both the proposed installation and related street features.
Shall be accompanied by a check or money order payable to the Township in the appropriate amount.
Shall be submitted to the Township at least five days prior to the anticipated start of work.
[Amended 9-9-1997 by Ord. No. 59]
The fees for a permit shall be in amounts as established from time to time by resolution of the Board of Supervisors.
General rule. All driveways shall be located, designed, constructed and maintained in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of existing streets.
General location restriction. Access driveways shall be permitted at locations in which:
Specific location restrictions. Specific location restrictions shall include the following:
Access driveways shall not be located at interchanges, ramp areas or locations that would interfere with the placement and proper functioning of traffic signs, signals, detectors, lighting and other devices that affect traffic control.
The location of driveway near a signalized intersection may include a requirement that the permittee provide, in cooperation with the Township, new and relocated detectors, signal heads, controllers and the like, for the control of traffic movement from the driveway.
Access to the property which abuts two or more intersecting streets may be restricted to only that roadway which can more safely accommodate its traffic.
The Township may require the permittee to locate an access driveway directly across from the highway, local road or access driveway on the opposite side of the roadway if it judges that offset driveways will not permit left turns to be made safely and that access across the roadway from one access to the other will create a safety hazard.
Local roads. An access intended to serve more than three properties or to act as a connecting link between two or more roadways shall, for the purpose of this article, be considered a local road and not a driveway, regardless of its ownership. As such, its design must be in accordance with the Township's current standard governing design of local roads. All other requirements of this article shall be complied with before the local road will be allowed access onto a state highway.
Number of driveways. The number and location of entrances which may be granted will be based on usage, interior and exterior traffic patterns and current design policy of the Township.
Normally, only one driveway will be permitted for the residential property and not more than two driveways will be permitted for a nonresidential property.
If the property frontage exceeds 600 feet, the Township may authorize an additional driveway.
Regardless of frontage, a development may be restricted to a single entrance/exit driveway, served by an internal collector road, separated from the traveled way.
Approaches to driveways. Driveway approaches shall conform to the following standards:
The location and angle of an access driveway approach in relation to the highway intersections shall be such that a vehicle entering or leaving the driveway may do so in an orderly and safe manner and with a minimum of interference on street traffic.
Where the access driveway approach and street pavement meets, flaring of the approach may be necessary to allow safe, easy turning of the vehicle traffic.
Where the street is curved, driveway approaches shall be installed 1 1/2 inch above the adjacent street or gutter grade to maintain proper drainage.
Driveway design requirements shall be as established by the Department of Transportation as set forth in 67 Pa. Code §§ 441.8 through 441.10, as amended from time to time, except that a twelve-inch culvert may be permitted by the Township. No culvert shall be approved for any application less than 15 feet in length.
In case any person shall construct a driveway or curb cut and shall not conform to the requirements of this article, the Township may order such person, firm or corporation to remove the improper work and replace the same in compliance with this article. Notice to remove and replace improper work shall be given by registered or certified mail and shall state that the person, firm or corporation has 30 days from receipt of the notice to comply therewith. Upon noncompliance, the Township may do or cause the requested repairs to be done and may levy the cost of its work on such owner as a property lien to be collected in a manner provided by law.
[Amended 9-9-1997 by Ord. No. 59]
Any person firm, or corporation who shall violate any provision of this article or fails to obtain a permit before constructing a private driveway or making a curb cut, upon conviction thereof in an action brought before a Magisterial District Judge 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 article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.