[HISTORY: Adopted by the Board of Supervisors of the Township
of Easttown 10-18-1971 by Ord. No. 112. Amendments noted where
applicable.]
This chapter shall be known as the "Easttown Township Driveway
Ordinance."
The purpose of this chapter is to ensure the maintenance, location
and alteration of driveways in the Township in a manner consistent
with the safe use thereof, the safe and unobstructed flow of traffic
on public highways, proper maintenance of such highways and proper
control of surface drainage within Township road rights-of-way.
After the effective date of this chapter, no driveway shall
be constructed or altered within a Township road right-of-way without
the obtaining of a permit by a responsible person connected with the
construction, nor without the obtaining of any other authorization
required by law. "Alteration of a driveway" shall mean its relocation
or a material change in its grade affecting visibility, drainage or
problems of highway maintenance. Alteration shall include driveway
repair and resurfacing within the Township road right-of-way, but
shall exclude driveway sealing. Permit application and inspection
fees shall be as established from time to time by resolution of the
Board of Supervisors.
Persons desiring a permit hereunder shall submit an application
to the Township Engineer or his designee along with plans and specifications
for proposed construction or alteration.
A.
The permit
application shall be accompanied by a certificate of insurance from
the applicant's contractor, specific to the subject property, naming
Easttown Township as an additional insured. The additional insurance
shall be not less than $100,000 per occurrence and shall include general
liability, property damage and workers' compensation coverage. The
certificate shall be written by a company licensed to do business
in the Commonwealth of Pennsylvania and shall be in a form satisfactory
to the Township.
B.
The permit
application and permit shall contain the following language: "The
applicant/permittee agrees to indemnify and save harmless the Township,
its officials, agents, contractors, servants and employees (including,
without limitation, the Township Engineer or his designee), of, from
and against any and all liability, demands, claims, suits, actions,
fees, expenses and costs (including, without limitation, attorneys'
fees and legal costs, engineering fees and costs and expert witness
fees and costs) and/or judgments, whether founded or unfounded, of
whatever nature or kind, which may be brought, asserted or rendered
against, or which may be incurred by, the Township, its officials,
agents, contractors, servants and employees, or any of them, directly
or indirectly caused by, arising from or related to the work and/or
the performance of the work for which the permit is granted, whether
or not any such liability, demands, claims, suits, actions, fees,
expenses and costs and/or judgments are caused by or arise from, directly
or indirectly, the negligence of the person, firm, corporation or
other entity to whom or which the permit is issued."
The Township Engineer or his designee shall have the power to
grant or deny applications hereunder. He shall review applications
in light of the regulations promulgated hereunder and shall apply
the standards set forth herein in granting or denying applications.
[Amended 6-2-2014 by Ord.
No. 422-14]
In the event of denial of an application, it shall be the duty
of the Township Engineer or his designee to point out to the applicant
the respects in which his application fails to meet the standards
applicable and to consider any revised applications.
[Amended 6-2-2014 by Ord.
No. 422-14]
In exceptional cases where conformity to the standards imposed
by regulations promulgated under this chapter would be impossible
or impracticable or would cause unreasonable expense or hardship,
the Township Engineer or his designee shall be empowered to recommend,
and the Board of Supervisors to grant, by resolution, waivers from
the literal provisions of such regulations upon terms and conditions
consistent with the public interest and safety.
No construction or alteration of driveways shall deviate from
the plans and specifications submitted with the approved application.
[Amended 6-2-2014 by Ord.
No. 422-14; 12-15-2014 by Ord. No. 424-14]
It shall be the duty of the Township Engineer or his designee
to supervise and inspect all construction or alteration of driveways
within the Township to ensure conformity with Township requirements.
The applicant shall provide the Township Engineer or his designee
with a minimum of two workdays' advance notice (excluding holidays)
for all inspections, except paving installations, which shall require
three workdays' advance notice (excluding holidays). For new driveway
construction, up to three inspections are required as follows: 1)
inspection of the aggregate base; 2) inspection of the base course
(if applicable); and 3) inspection of the top coat, leveling grade,
crown or cross-slope, stormwater management, sidewalk (if applicable),
apron (if applicable) and building sewer cleanout and/or vent riser
location and protection (if applicable), and compliance with the standards
and special conditions listed in the driveway permit. For alterations
or repairs to an existing driveway, one inspection is required following
completion of the work. Additional reinspections may be required if
the inspections herein referenced do not evidence compliance.
No building permit under the Township Building Code shall be
issued for new construction requiring construction of a driveway until
the provisions of this chapter have also been complied with.
The Board of Supervisors may amend the regulations promulgated
hereunder from time to time.
[Amended 6-2-2014 by Ord.
No. 422-14]
The effectiveness of a permit pursuant to which construction
or alteration has not yet in good faith been commenced shall be subject
to any amendments to the regulations hereunder. Construction or alteration
pursuant to such a permit must be performed in conformance with any
amendments to the regulations. All work associated with the driveway
permit shall commence within six months from the date of permit issuance
and shall be completed within one year from the date of permit issuance.
If the work has not been completed within one year from the date of
permit issuance, the driveway permit shall become null and void.
The provisions of this chapter and the rules and regulations
promulgated hereunder shall be held to be minimum requirements to
meet the above-stated purposes. Where such provisions impose restrictions
inconsistent with those of any statute or other ordinance or regulation,
the more stringent requirements shall prevail.
[Amended 6-2-2014 by Ord.
No. 422-14]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
If the Township Engineer or his designee determines there may
be a continuing violation of this chapter and that the criminal remedy
provided hereunder will not ensure compliance herewith, he shall,
with the consent of the Board of Supervisors, report the same to the
Township Solicitor, who shall then institute an action in equity in
the name of the Township to enjoin same.
