[Adopted 2-2-2009 by Ord.
No. 136]
This article is adopted under the authority provided to Pocono
Township by the Commonwealth of Pennsylvania pursuant to the First
Class Township Code, as amended, 53 P.S. § 55101 et seq.
The purpose of this article is to require permits for access
to the right-of-way of Township roads for railways, driveways for
single-family and two-family dwellings, electricity, telephone and
cable television poles and conduits, culverts and drainage facilities,
utilities (such as gas, water and sewer lines), and similar encroachments
and obstructions, and any other structures; it being in the public
interest to regulate:
A.
The location and construction of utility facilities and other such
structures within the Township's right-of-way; and
B.
The location, design, construction, maintenance and drainage of driveways
for single-family and two-family dwellings within the Township's rights-of-way,
to ensure the structural integrity of streets, economy of maintenance,
preservation of proper drainage, and safe and convenient passage of
traffic.
This article shall be known and may be cited as the "Pocono
Township Road Encroachment Ordinance."
A.
General rule. It is in the public interest for Pocono Township to
regulate the location, design, construction, maintenance and drainage
of driveways for single-family and two-family dwellings and electricity,
telephone and cable television poles and conduits, utilities (such
as gas, water and sewer lines), and similar encroachments and obstructions
(hereinafter referred to as "facility") within Township road rights-of-way
for the purpose of security, economy of maintenance, preservation
of proper drainage and safe and reasonable access.[1]
B.
Driveways for single-family and two-family dwellings. The installation
of a driveway for single-family and two-family dwellings shall comply
with this article.
C.
Driveways for nonresidential uses, major subdivisions and land developments. Any driveway or access road which is intended to serve any proposed use which is considered a major subdivision or a land development, or is intended to serve an existing or proposed nonresidential use, shall comply with the requirements of Chapter 390, Subdivision and Land Development, of the Township of Pocono, for driveways and roads.
D.
Other requirements. Issuance of a permit under these regulations
does not relieve the permittee from any additional responsibility
to secure other federal, state or local permits as may be required
by law.
A.
General rule. No facility shall be constructed or altered within
any Township road right-of-way without first obtaining a permit from
the Township. A permit shall not be required for maintenance, except
for paving or repaving.
B.
Who may execute applications. Permit applications shall be submitted
in the name of and executed by the owner(s) of the property or an
authorized representative.
C.
Where applications must be submitted. Permit applications shall be
submitted to the Township Office.
D.
When to submit applications. Permit applications shall be submitted
prior to the issuance of a zoning permit for the construction of any
use which a proposed driveway will serve to ensure that the driveway
can be constructed in accordance with this article. Permits for other
facilities shall be submitted prior to the initiation of construction
of such facilities.
E.
Application procedure. Permit applications shall:
(1)
Be submitted in person and/or by mail on a properly completed Township
form.
(2)
Be signed by the applicant(s) or an authorized representative.
(3)
Include a plan detailing the location or dimensions of both the proposed
installation and related roadway features.
(4)
Be accompanied by a check or money order payable to the Township, in the appropriate amount, as set forth in § 375-15 hereunder.
(5)
Be submitted to and acted upon by the Township within 30 days after
submission.
(6)
Contain proof of ownership or right to use the proposed facility.
F.
Plan required. Permit applications shall be accompanied by a plan
showing the information listed below:
(1)
Facility location in relation to side property lines.
(2)
Township road right-of-way line.
(3)
All related Township road facilities (pavement, shoulders, culverts,
ditches, etc.).
(4)
Sight distances along the Township road.
(5)
Type of surface proposed.
(6)
Grade of facility within and beyond the Township road right-of-way.
(7)
All drainage facilities proposed (culverts, ditches, swales, endwalls,
etc.).
G.
Traffic control plan. Submission of a traffic control plan for approval
by the Township shall be as follows:
(1)
When the applicant(s) anticipate that it will be necessary to close
a portion of a lane to vehicular traffic in order to perform the permitted
work, the applicant(s) shall submit a traffic control plan with the
application.
(2)
The Township may require the applicant(s) to submit a traffic control
plan if it is anticipated that a potential hazard and/or interference
to vehicular or pedestrian traffic will result from performance of
the work.
(3)
The traffic control plan shall be a detailed drawing, showing all
traffic control devices and shall, at a minimum, comply with PennDOT
standards.
H.
Center-line stake. The applicant shall, immediately following the
submission of an application, place a wooden stake or other suitable
marker at the center line of the proposed facility where it intersects
with the Township road right-of-way.
I.
Drainage plan. If it can reasonably be anticipated that there will
be an increase in the flow of water onto the Township road or into
Township drainage facilities, or that there will be an increase in
the flow of water onto the property of some other person as a result
of the activity authorized by the permit, the Township may require
a drainage control plan containing at least the following information
for approval by the Township in compliance with Township stormwater
management regulations:
(1)
Source of stormwater runoff.
(2)
Existing peak runoff in cubic feet per second.
(3)
Predicted peak runoff in cubic feet per second.
(4)
Where drainage currently flows.
(5)
Where drainage ultimately outlets.
(6)
Hydraulic computations showing effect of additional flow on existing
Township road drainage system.
J.
Drainage release. If it can be reasonably anticipated that there
will be an increase in the flow of stormwater runoff onto the property
of some other person as a result of the activity authorized by the
permit, a drainage release that contains an indemnification agreement
acceptable to the Township shall be submitted with the application.
A.
Permit issuance fee. Issuance fees shall be used to defray costs
incurred by the Township in reviewing and processing the application
and plan, including the preliminary review of the site location identified
in the application and issuing and processing the permit and a final
inspection.
A.
General rule. Upon application duly made in accordance with this
article, a permit will be issued by the Township, subject to this
article and the conditions contained on the permit and its attachments
and supplements. The permit will authorize the applicant(s) to proceed
with the work and will also serve as a receipt for the fees accompanying
the application.
B.
Permit issued only to property owner. Permits will be issued only
to the owner(s) of the property. Permits will not be issued to contractor(s)
or to any person(s) other than the owner(s) of the property.
C.
Waiver of design requirements. If any design requirements set forth
in this article cannot be met, the Board of Commissioners may waive
the requirements if all of the following conditions are satisfied:
(1)
No other reasonable access is available;
(2)
The applicant(s) have done all that can reasonably be done to satisfy
the design requirements;
(3)
If additional land is required, the applicant(s) must provide satisfactory
evidence that it cannot be purchased at a reasonable price; and
(4)
No traffic problem will be created.
D.
Requesting permit time extension. A permit shall be valid for one-year
as specified on the permit. If the permittee(s) have not completed
all authorized work by the completion date specified on the permit,
an application shall be submitted requesting time extension. If approved,
a supplement may be issued by the Township authorizing work to continue
for an additional six-month period.
E.
Work completion notification. When all permitted work has been completed,
the Township office must be notified in writing.
F.
General conditions. The following conditions shall apply to permits
issued under the provisions of this article:
(1)
Scope of permit. The permit shall be binding upon the permittee(s)
and his, her or their agents, contractors, heirs, successors and assigns.
(a)
The permittee(s) shall be responsible for causing compliance
with all terms and conditions of the permit by his, her or their employees,
agents and contractors.
(b)
The permit shall be located at the work site.
(c)
The permit shall be maintained by the permittee(s) as a permanent
record and remain in effect, subject to the permit conditions and
this article, as long as the driveway or the facility authorized by
the permit exists.
(d)
Responsibility for compliance with the terms of the permit cannot
be assigned or transferred by the permittee(s) without first obtaining
approval from the Township.
(e)
The permittee(s) shall be principally liable to the Township
for any failure to comply with the permit and this article. The principal
liability of the permittee(s) to the Township shall not preclude the
permittee(s) or the Township from bringing any action against the
permittees' contractor, subcontractor, engineer, architect or any
other person.
(f)
The permittee(s) shall be the only party in interest in any
action against the Township involving disputes arising from the permit.
(g)
A permit for a driveway shall be valid only as long as the traffic
volume of the driveway does not exceed the approved driveway classification.
(h)
The Township, in granting a permit, shall waive none of its
powers or rights to require a change in operation, the removal, the
relocation or the proper maintenance of any driveway or facility within
a Township road right-of-way.
(2)
Work to conform to Township standards. The work shall be done at
such time and in such a manner to be consistent with the safety of
the public and shall conform to all requirements and standards of
the Township. If at any time it shall be found by the Township that
the work is not being done or has not been properly performed, the
permittee(s), upon being notified in writing by the Township, shall
immediately take the necessary steps, at his, her or their own expense,
to place the work in condition to conform to such requirements or
standards. In case any dispute arises between the permittee(s) and
the Township-designated enforcement official, the enforcement official
shall have the authority to suspend work until the question at issue
can be referred to and be decided by the Board of Commissioners.
(3)
Permittee(s)' responsibilities. The permittee(s)' responsibilities
shall be as follows:
(a)
Fees, costs and expenses. The permittee(s) shall pay all fees,
costs and expenses incident to or arising from the project, including
the cost of related roadway improvements which increased traffic or
surface drainage may necessitate at the facility location. The permittee(s)
shall reimburse the Township for any and all inspection costs within
30 days after receipt of the Township invoice.
(b)
Failure or neglect. In the event of failure or neglect by the
permittee(s) to perform and comply with the permit or the provisions
of this article, the Township may immediately revoke or annul the
permit and order and direct the permittee(s) to remove any and all
structures, equipment or property belonging to the permittee(s) or
his, her or their contractors from the legal limits of the right-of-way
and to restore the right-of-way to its former condition. In the event
that the Township determines that such structures, equipment or property
pose a threat to the public safety and the permittee(s) fails to remove
the same after notice from the Township to do so, any attorney of
any court of record shall be authorized to appear for the permittee(s)
and to enter an amicable action of ejectment and confess judgment
against the permittee(s); and the attorney shall be authorized to
issue forthwith a writ of possession without leave of court, all at
the cost of the permittee(s).
(c)
Closing of open ditch or trench. If work is stopped on a project
for any reason, other than at the end of any normal workday, and any
ditch or trench, in the opinion of the Township, remains open for
an unreasonable period, the permittee(s), if so directed, shall refill
the ditch or trench and work shall not be resumed until the permittee(s)
are prepared to proceed immediately with the work to its completion.
In the event that the permittee(s) fail to refill the ditch or trench
or proceed to completion of the work upon notice from the Township
to do so, the Township may perform the necessary and required work
and the permittee(s) shall reimburse the Township for the costs within
30 days after receipt of the Township's invoice.
(d)
Trench plates. In lieu of closing of open ditches or trenches
or project completion as required in Subsection F(3)(c)above, the
Township may approve the use of trench plates of a type and installation
in accord with PennDOT requirements.
(4)
Restoration of slopes. All disturbed slopes or earthen areas shall
be restored to their original condition or in a manner approved by
the Township.
(5)
Altering drainage prohibited. Unless specifically authorized by the
permit in compliance with Township stormwater management regulations,
the permittee(s) shall not:
(6)
Disposition of materials. Disposition of materials shall comply with
the following:
(a)
The permittee(s) shall keep the improved area free of all material
which may be deposited by vehicles traveling upon or entering onto
the roadway during the performance of work authorized by the permit.
(b)
The permittee(s) shall be responsible for controlling dust conditions
created by the operations.
(c)
All excess material and material that is not suitable for backfill
shall be removed and disposed of outside the right-of-way as the work
progresses.
(d)
All retained suitable material shall be placed or stored outside
the improved area and in such a manner that there will be no interference
with the flow of water in any gutter, drain, pipe, culvert, ditch
or waterway.
(7)
Equipment damaging roadway. Equipment using the roadway shall conform
with the following conditions:
(a)
To protect the pavement and shoulders, all equipment shall have
rubber wheels or runners and shall have rubber, wood or similar protective
pads between the outriggers and the surface, unless otherwise authorized
by the permit.
(b)
In the event that other than rubber-equipped machinery is authorized
for use, the pavement and shoulders shall be protected by the use
of matting, wood or other suitable protective material having a minimum
thickness of four inches.
(c)
If the equipment damages the pavement or shoulders, the permittee(s)
shall restore the pavement or shoulders to their former condition,
at the expense of the permittee(s).
(8)
Traffic protection and maintenance. Maintenance and protection of
traffic shall be carried out in accordance with the following requirements:
(a)
The permittee(s) shall provide and maintain all necessary precautions
to prevent injury or damage to persons and property. A traffic control
plan shall be submitted to and approved by the Township before closing
any portion of a lane to vehicular traffic.
(b)
Any open trench or hole shall be adequately barricaded to prevent
possible injury to pedestrians and the motoring public. All traffic
control devices shall be of approved type.
(c)
Designated employees shall be assigned by the permittee(s) to
direct one-lane traffic. Flagmen shall be provided as specified in
the permit.
(9)
Restoration. All disturbed portions of the roadway, including slopes,
and all appurtenances and structures, such as guide rail or drain
pipes, shall be restored by the permittee(s) to a condition at least
equal to that which existed before the start of any work authorized
by the permit. This includes providing appropriate end treatments
on guide rail systems where existing guide rail is being broken by
the facility.
(10)
Approval by the Township. Approval by the Township of all or
part of any permitted work shall not constitute acknowledgment that
the work was performed in accordance with the permit, nor shall such
approval of the Township act as a release of the permittee(s) or waiver
by the Township of its right to seek performance or restitution by
the permittee(s).
(11)
Maintenance. All facilities and adjacent areas within the road
right-of-way shall be continually maintained, repaired or replaced
as necessary by the owner so as to conform to the permit and so as
not to interfere or be inconsistent with the design, maintenance and
drainage of the roadway or the safe and convenient passage of traffic
upon the roadway.
(12)
Indemnification. The permittee(s) shall fully indemnify and
save harmless and defend the Township, its agents and employees of
and from all liability for damages or injury occurring to any person
or persons or property through or in consequence of any act or omission
of the permittee as well as any contractor, agent, servant, employee
or person engaged or employed in, about or upon the work, by, at the
instance of or with the approval or consent of the permittee(s); from
any failure of the permittee(s) or any such person to comply with
the permit or this article; and, for a period of two years after completion
of the permitted work, from the failure of the roadway in the immediate
area of the work performed under the permit where there is no similar
failure of the roadway beyond the area adjacent to the area of the
permitted work.
(13)
Road-cut reconstruction requirements. The permittee(s) for any facility installation which involves the disturbance of any Township road surface, road shoulder or drainage facility shall be responsible to repair and/or replace such disturbed improvement to the condition existing before the disturbance. However, in no case shall such improvement be repaired and/or replaced to less than the standards for the road as classified by Chapter 390, Subdivision and Land Development.
(14)
Damage to roadway. Restoration of the roadway shall include
the following:
(a)
If there is a failure of the roadway, including slope or any
other appurtenance thereto, in the immediate area of the permitted
work within two years after the completion of the permitted work and
there is no similar failure of the roadway beyond the area adjacent
to the area of the permitted work, the permittee(s) shall have absolute
responsibility to make all temporary and permanent restoration including
restoration of the adjacent area if it has also failed.
(b)
If there is a failure of the roadway, including slope or any
other appurtenance thereto, in the area adjacent to the immediate
area of the permitted work within two years after the completion of
the permitted work and there is no similar failure of the roadway
in the area of the permitted work or beyond the area adjacent to the
area of the permitted work, it shall be presumed that the work done
by the permittee(s) was the proximate cause of the failure and the
permittee(s) shall be responsible to make all temporary and permanent
restoration unless the presumption is rebutted by clear and convincing
evidence.
(c)
If the permitted work is the proximate cause of damage to the
roadway, including slope or any other appurtenance thereto, beyond
the adjacent area, the permittee(s) shall be responsible for all remedial
work and shall make all temporary and permanent restoration.
(d)
When the permittee(s) has the responsibility to restore the roadway, including slope or any other appurtenance thereto, under Subsection F(14)(a) through (c), including instances where a presumption or responsibility has not been rebutted, the permittee(s) shall have the duty to restore the improved area in accordance with the permit. If the permittee(s) fail to restore the improved area properly, the Township will have the authority to do the work at the expense of the permittee(s). The permittee(s) shall reimburse the Township for the costs within 30 days after receipt of the Township's invoice.
(15)
Restoration guarantee. In cases where the Township determines
that the nature of the activity may result in damage to the Township
roadway and/or any associated facilities, a financial guarantee in
a form approved by the Board of Commissioners and in an amount based
on an estimate of anticipated repairs prepared by the Township Engineer
shall be required from the applicant.
A.
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 the roadway.
B.
General location restrictions. Driveways will be permitted at locations
in which:
(1)
Sight distance is adequate to safely allow each permitted movement
to be made into or out of the driveway.
(2)
The free movement of normal roadway traffic is not impaired.
(3)
The driveway will not create a hazard.
(4)
The driveway will not create an area of undue traffic congestion
on the roadway.
C.
Specific location restriction. Specific location restrictions shall
include the following:
(1)
Access to a property which abuts two or more intersecting streets
or roadway shall be restricted to only that roadway which can more
safely accommodate its traffic.
(2)
The Township may require the permittee(s) to locate a driveway directly
across from the state roadway, Township road or driveway on the opposite
side of the roadway if, in the Township's determination, the offset
driveways will not permit left turns to be made safely or that access
across the roadway from one access to the other will create a safety
hazard.
D.
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.
E.
Approaches to driveways. Driveway approaches shall conform to the
following standards:
(1)
The location and angle of a driveway approach in relation to the
intersection shall be such that a vehicle entering or leaving the
driveway may do so in an orderly and safe manner and with a minimum
in interference to Township traffic.
(2)
Where the driveway approach and roadway pavement meet, flaring of
the approach may be necessary to allow safe, easy turning of vehicular
traffic.
A.
General. General requirements shall be as follows:
(1)
The design features described in this section are to be used by the
applicants in designing the driveway plans which accompany the application.
Dimensions shall be selected from the range of value shown on the
appropriate figure, unless site conditions warrant a deviation.
(2)
The applicants(s) shall design the driveway using the values appropriate
for the posted speed of the roadway being accessed.
B.
Angle of driveway. Driveways shall be positioned at right angles,
that is, 90° to the roadway or as near thereto as site conditions
permit.
C.
Driveways adjacent to intersection. Driveways serving properties
located adjacent to a roadway intersection shall be subject to the
following:
(1)
There shall be a minimum tangent distance of 10 feet between the
intersection roadway radius and the radius of the first permitted
driveway.
D.
Property line clearance. Except for joint-use driveways, no portion
of any driveway shall be located less than 10 feet from any adjoining
property line (not including the right-of-way line).
E.
Sight distance. Conditions for sight distance for driveways for one-family and two-family dwellings shall comply with this Subsection E. Driveways accessing roads with more than two lanes shall comply with Pennsylvania Code, Title 67, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads. (See § 375-13C for nonresidential uses, major subdivisions and land developments.)
(1)
Driveways shall be located at a point within the property frontage
limits which provides at least the minimum sight distance listed in
the appropriate following table:
|
Table 1
Safe Site Distance for Single-Family and Two-Family Dwelling
Access to Two-Lane Roads
| ||||||
|---|---|---|---|---|---|---|
|
Posted Speed
(mph)
|
Required Sight Distance in Feet (measured from a vehicle
10 feet back from pavement edge)
| |||||
|
Grade of Road
0 to 3% Up or Down
|
Increased Sight Distance for Ascending Grade After Turning
+3% to +5%
|
Decreased Sight Distance for Descending Grade After Turning
-3% to -5%
| ||||
|
Left
|
Right
|
Left
|
Right
|
Left
|
Right
| |
|
25
|
250
|
195
|
350
|
273
|
150
|
117
|
|
35
|
440
|
350
|
616
|
490
|
264
|
210
|
|
45
|
635
|
570
|
889
|
798
|
381
|
342
|
|
55
|
845
|
875
|
1,183
|
1,225
|
507
|
525
|
(2)
In using Table 1, the following additional requirements shall apply:
(a)
Posted speeds shall be used unless operation speeds vary from
the posted speed by more than 10 miles per hour, in which case the
Township, in consultation with the Township Engineer, may require
that operating speeds be used.
(b)
The sight distances in Table 1 apply only when roadway grades
are 0% to 5% either plus up or down.
(c)
The sight distance values in Table 1 are desirable for safe
operation of the driveway. Sight distance values less than desirable
will be accepted only if it is impossible to achieve the desirable
value by locating the driveway at any point within the property frontage
boundaries. The minimum acceptable sight distance values shall be
computed from the following formula:
|
SSSD = 1.47 VT + V230 (f+g)
|
|
Where:
| ||||
|
SSSD
|
=
|
Minimum safe stopping sight distance (feet)
| ||
|
V
|
=
|
Velocity of vehicle (miles per hour)
| ||
|
T
|
=
|
Perception time of motorist (average 2.5 seconds)
| ||
|
f
|
=
|
Set friction of pavement (average 0.30)
| ||
|
g
|
=
|
Percent grade of roadway divided by 100
| ||
(3)
If sight distance requirements as specified in this article cannot
be met, the Township may:
(a)
Prohibit left turns by exiting vehicles;
(b)
Restrict turning movements to right turns in and out of a driveway;
(c)
Require installation of a right turn acceleration lane or deceleration
lane;
(d)
Require installation of a separate left turn standby lane;
(e)
Alter the horizontal or vertical geometry of the roadway; or
(f)
Deny access to the roadway.
F.
Grade of driveway. Grade of driveway shall be constructed in the
following manner:
(1)
All driveways shall be constructed so as not to impair drainage within
the right-of-way, alter the stability of the improved area or change
the drainage of adjacent areas.
(2)
Where a drainage ditch or swale exists, the permittee(s) may be required
to install adequate pipe under the driveway or to swale the driveway
to conform to the existing drainage swale as determined by the Board
of Commissioners or designated enforcement official.
(3)
The side slopes from the driveway embankments within the right-of-way
shall not be steeper than two to one.
(4)
Grade requirements in uncurbed shoulders within the right-of-way
shall conform to Figure A which follows.
|
Figure A
 |
|
— The shoulder slope usually varies from 0.50 inch per
foot (4%) to 0.75 inch per foot (6%). However, the shoulder slope
should be maintained when constructing the driveway.
| |
|
— For grade changes greater than ± 6% (D), vertical
curves at least 10 feet long shall be constructed and Length "A" shall
be increased.
| |
|
— Grades G2 shall be limited to
12%.
|
G.
Traffic control devices. The permittee(s) shall, at the permittee(s)'
own expense, install and maintain all traffic control devices, as
specified in the permit, which are required to provide for the safe
and orderly movement of vehicular or pedestrian traffic or both. These
devices shall include, but not be limited to, any required regulatory,
warning or guide signs, delineators and pavement markings.
H.
Width. The minimum width of the driveway at the Township road right-of-way
line shall be 12 feet and the maximum shall be 20 feet.
I.
Material. Driveways shall be constructed to a depth and of such material as to be durable, and a durable and dustless surface, such as a gravel, concrete or bituminous concrete, shall be provided to preclude the deposit of any material on the Township roadway. The owner shall be responsible to remove any such deposit and the failure to do so shall constitute a violation of this article subject to the penalties prescribed in § 375-19 and the payment of any Township expense to remove the material.
J.
Drainage. Driveways shall be graded for proper drainage and, if required
by the Township, a smooth-bore culvert (fifteen-inch minimum) meeting
PennDOT requirements shall be installed by the applicant.
K.
Curbs. Driveways constructed in areas where sidewalks are provided
shall have a concrete apron between the curb and edge of the sidewalk
toward the dwelling. This apron shall be constructed in accord with
the most current specifications adopted by resolution of the Board
of Commissioners.
L.
Backing into roadway. All driveways shall be designed and installed
to prevent the need for backing of any vehicles onto the Township
roadway.
M.
Driveway layout illustrations. Figure B, which follows, illustrates
and supplements the minimum design requirements described in this
article. Although site conditions may not allow strict adherence to
the dimensions shown in this illustration, every effort shall be made
to design and construct the safest and most efficient access onto
the Township roadway.
|
Figure B
 |
|
Minimum
|
Maximum
| ||
|---|---|---|---|
|
W-Width
|
8 feet
|
20 feet
| |
|
R-Radius
|
5 feet
|
15 feet
|
A.
General rule. Any violation of this article or the permit requirements
shall constitute grounds for imposition of any or all of the following
penalties:
(1)
Upon receipt of oral or written notice of any violation from the
Township or a police officer whose jurisdiction includes the permitted
work area, the permittee(s) shall cease to perform any further work
in the permitted area, except to restore the area to a safe condition.
No further work shall commence in the permitted area until the violation
has been remedied. Where the permittee(s) have received oral notice
of the violation, written notice shall be sent to the permittee(s)
within 10 days of receipt of the oral notice.
(2)
Revocation of the permit by the Township.
(3)
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and, in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. All fines, penalties, costs and
reasonable attorney's fees collected for the violation of this article
shall be paid to Pocono Township for its general use.[1]
B.
Additional grounds for revocation. Additional grounds for revocation
shall be as follows:
(1)
The Township may revoke a permit whenever it is determined that the
driveway or approaches or their use constitute a hazard to traffic
or interferes with the proper use of the roadway by the Township or
the public.
(2)
The Township may revoke a permit for nonpayment of any fee or reimbursement
specified or referenced in this article relating to permit fees, including
default of any check submitted for such payment.
A.
Except as defined in this article, all words shall carry the customary
meaning.
B.
ACCESS
CULVERT
DRIVEWAY
GRADE
LOT
RIGHT-OF-WAY
ROAD or ROADWAY
SHOULDER
SIGHT DISTANCE
SLOPE
As used in this article, the following terms shall have the meanings
indicated:
Any driveway, street or other means of passage of vehicles
between a roadway and abutting property, including acceleration and
deceleration lanes and such drainage structures as may be necessary
for the proper construction and maintenance thereof.
A pipe, conduit or similar enclosed structure, including
appurtenant works which carries surface or stormwater.
A privately owned and constructed vehicular access from a
Township road into a lot or parcel having frontage on the road.
A slope, usually of a road, channel or natural ground; expressed
in percent which indicates the rate of change of elevation in feet
per hundred feet.
A unit into which land is divided or other parcel of land
intended as a unit for transfer of ownership, lease, rent, improvement
or development.
The total width of any land reserved or dedicated as a Township
road.
A strip of land, including the entire right-of-way, designed
to provide access by vehicular traffic or pedestrians.
The portion of the roadway, contiguous to the traffic lanes,
for accommodation of stopped vehicles, for emergency use and for lateral
support of base and surface courses and pavements.
The required length of roadway visible to the driver of a
vehicle at any given point on the roadway when the view is unobstructed
by traffic. Sight distance measurement shall be made from a point
4 1/2 feet above the center line of the road surface to a point
1/2 inch above the center line of the road surface.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. The change in
elevation, measured in consistent units, from one point to another
measured perpendicular to the contours (lines of equal elevation)
of the land. Slope is generally expressed as a ratio based on the
vertical difference in feet per 100 feet of horizontal distance or
as a percentage.
A.
General policy. From and after adoption of this article, no driveway
joining any Township road shall be blacktopped without first obtaining
a permit from the Board of Commissioners or its authorized representative.
B.
Permit application procedure. Before blacktopping such driveway or
resurfacing an existing driveway, the person for whose benefit said
driveway is being blacktopped shall file with the Township an application
on the form prescribed by the Commissioners, setting forth the name
of the applicant, together with a sketch showing the location, size
and road profile of the proposed blacktopped driveway and the type
of drainage proposed. Such application shall be accompanied by payment
of a permit fee in the amount set forth by resolution of the Board
of Commissioners.
C.
Inspection of proposed blacktopping. The Commissioners or their authorized
representative shall make an inspection of the place of the proposed
blacktopping of the driveway and determine the drainage facilities
to be provided, if any. After the blacktopping is completed, an inspection
will be made to assure the permit requirements were met, and if so,
a driveway occupancy permit will be issued.
D.
Issuing of permit. The Commissioners or their authorized representative,
after ascertaining that the application is complete and satisfactory,
shall issue a permit to the applicant authorizing such blacktopping
to take place. The permit is good for one year from the day of issuance.
E.
Violations and penalties. This section shall be enforced by action
brought before a Magisterial District Judge in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Any person, partnership, corporation or other
entity who or which violates or permits a violation of the provisions
of this section shall, upon conviction in a summary proceeding, pay
a fine of not more than $1,000, plus the costs of prosecution, and,
in default of the payment of the fine and costs of prosecution, shall
be imprisoned for a period not exceeding 30 days. All fines, penalties,
costs and reasonable attorney's fees collected for the violation of
this section shall be paid to Pocono Township for its general use.[1]
