[HISTORY: Adopted by the Board of Supervisors of the Township
of Blair 4-10-2003 by Ord. No.
2003-02. Amendments noted where applicable.]
This chapter shall be known as the "Blair Township Driveway
Construction Ordinance."
For purposes of this chapter, the following definitions shall
apply:
Board of Supervisors of Blair Township, Blair County, Pennsylvania.
The person, firm, corporation or other business entity which
intends to construct or install a driveway, including all agents,
officers, or employees of that person, firm, corporation or business
entity.
Any area of land designated or to be used as a means of ingress
or egress for vehicles traveling from a Township roadway to any parcel
of land or from any parcel of land to a Township roadway. "Driveway"
shall also include such drainage structures and erosion control materials
as may be necessary for the proper function thereof.
Blair Township municipal building located at 375 Cedarcrest
Drive, Duncansville, Pennsylvania 16635.
The owner of the land upon which a driveway is located, constructed
or installed or is proposed to be located, constructed or installed.
Pennsylvania Department of Transportation
The permit issued by the Board relating to the design and
construction of driveways and driveway connections.
Any road, street, highway, alley or public thoroughfare,
including the entire width between right-of-way lines, whether actually
maintained by Blair Township; and any road, street, highway, alley
or public thoroughfare, including the entire width between right-of-way
lines shown on a subdivision or land development plan intended to
be dedicated to Blair Township in the future.
The distance required by a driver traveling at a given speed
to stop the vehicle after an object on the roadway becomes visible
to the driver.
Blair Township, Blair County, Pennsylvania.
A.
No owner or contractor shall hereinafter construct, install or allow
any work to be performed toward the installation of any driveway within
or abutting any Township roadway without the owner first obtaining
a permit from the Township. A permit shall be obtained by having the
owner submit an application to the Township Office or the Township's
authorized agent for receiving such applications.
B.
Each application shall be submitted to the Township Office in duplicate
on a form furnished by the Township Office. Two fees shall accompany
the application: one fee for processing the application and another
fee for making an inspection of the work to be performed. The fees
shall be in accordance with the prevailing Schedule of Fees for Highway
Occupancy Permits. A copy of the fee schedule is available at the
Township Office.
C.
Each application shall be submitted to the Township at least one
week prior to the anticipated start of work.
D.
E.
A permit shall be valid for a period of 12 months. If the permittee
has not completed all authorized work within said twelve-month period,
a written request shall be submitted requesting a time extension together
with the required fee.
A.
Any owner submitting an application shall additionally submit with
the application two sets of plans showing the design of the driveway
that designates the width, radii, percent grade, sizes and materials
to be used, and drainage facilities involved in the construction as
applicable. The plans shall be prepared and sealed by a registered
professional engineer if so directed by the Township.
B.
The plans shall take into account and reflect the following:
(1)
Concrete paved driveways within the Township road right-of-way shall
be prohibited unless the roadway within the development has concrete
curbing.
(2)
In developments where driveways require a stormwater cross-pipe (developments
without curbing on the roadway), a driveway cross-pipe (culvert) must
be installed in accordance with Exhibit A.[1]
(a)
All culverts must be installed at the size indicated on the
development plans.
(b)
All culverts must be protected at the inlet and outlet with
a pipe end section in accordance with the pipe end section detail
(detail attached as Exhibit A) or concrete headwall in accordance
with concrete headwall detail (detail attached as Exhibit F).
(c)
Unless otherwise approved in writing by a representative of
the Township, the minimum size of culvert pipes shall be fifteen-inch
diameter.
(d)
All pipe culverts shall be provided with a minimum of 12 inches
of cover. The amount of cover provided over the culvert shall also
be in accordance with the manufacturer's specifications.
[1]
Editor's Note: Exhibit A is included as an attachment to this
chapter.
(3)
When construction access is required, a "rock construction entrance"
shall be provided in accordance with Exhibit B.[2] This entrance shall be located at the approved driveway
location. Permanent drainage (i.e., cross-culvert) and erosion control
measures shall be installed as part of the rock construction entrance.
[2]
Editor's Note: Exhibit B is included as an attachment to this
chapter.
(4)
Horizontal alignment geometries for minimum use driveways shall be
in accordance with the minimum use driveway detail attached as Exhibit
C. Driveways adjacent to an intersection shall have a minimum 10 feet
tangent distance between the radius of the intersecting road and the
radius of the driveway (detail attached as Exhibit E). In addition,
there shall be a minimum of 20 feet from the pavement edge of an intersecting
curbed street or a minimum of 30 feet from the pavement edge of an
intersecting uncurbed street.
(5)
Driveway vertical alignment geometries shall be in accordance with
the grade requirements detail attached as Exhibit D.
(6)
No more than two driveways shall be provided to any one property
from a public right-of-way.
(7)
Access driveways shall be located at a point within the property
frontage limits which provides at least the minimum sight distances
listed in the appropriate following table:
|
Table 1 – Safe Sight Distance
For passenger cars and single-unit trucks exiting from driveways
onto two-lane roads.
| ||
|---|---|---|
|
Posted Speed
(mph)
|
Safe Sight Distance – Left1
(feet)
|
Safe Sight Distance – Right1
(feet)
|
|
25
|
250
|
195
|
|
35
|
440
|
350
|
|
45
|
635
|
570
|
|
55
|
845
|
875
|
|
1
|
Measured from vehicle ten feet back from the pavement edge.
|
|
Table 2 – Safe Sight Distance
For buses and combination trucks exiting from driveways onto
two-lane roads.
| ||
|---|---|---|
|
Posted Speed
(mph)
|
Safe Sight Distance – Left1
(feet)
|
Safe Sight Distance – Right1
(feet)
|
|
25
|
400
|
300
|
|
35
|
675
|
625
|
|
45
|
1,225
|
1,223
|
|
55
|
2,050
|
2,050
|
|
1
|
Measured from vehicle ten feet back from the pavement edge.
|
A.
The Board of Supervisors or its agents shall review the application
and plans in order to determine if the proposed construction will:
(1)
Eliminate the hazardous effects of stormwater runoff;
(2)
Protect the Township roadway from damage by the construction; and
(3)
Comply in general with this chapter and Township design requirements
promulgated by PennDOT Publication Number 70, Chapters 441 and 459
of Title 67 of the Pennsylvania Code, and the design criteria of the
other publications incorporated therein by reference which are in
effect as of the date the application is filed. Requested deviations
from this chapter or PennDOT requirements in design criteria must
be approved in writing by the Township or its authorized agents.
B.
If the plans meet the criteria set forth in this chapter, the agents
reviewing the application and plans shall so advise the Board, whereupon
the Board, or its agents, shall issue the permit to the owner applying
for the permit within 30 days after the review is complete and after
the results have been reported to the Board.
C.
If the application and plans are found to be deficient, or if in the opinion of the Board or reviewing agent the plan should be modified or amended to meet the criteria set forth in this chapter, the reviewing agent or the Board shall notify the owner seeking the permit in writing of the changes to be made, whereupon the owner shall make such changes and return the revised plan to the Township Office. When the plan is acceptable to the reviewing agent and the Board, the Board shall issue a permit to the owner applying for the permit as set forth in Subsection B above.
D.
When the Township grants the permit, the Board or its agents shall
inspect the work authorized by the permit upon the completion thereof.
All construction or work that does not comply with the approved plans,
PennDOT specifications and other requirements of this chapter shall
constituted a violation of this chapter and may be ordered by the
Township and its authorized agents to be corrected, and the Township
may enforce compliance as set forth below.
A.
All excess material and material deemed unsuitable for backfill shall
be removed and disposed of outside of the right-of-way as the work
progresses.
B.
All utility trench backfill within the right-of-way shall be 100%
stone (PennDOT 2A) backfill in all cases.
C.
All traffic control devices shall be of an approved type.
D.
Driveways must be of paved material within the right-of-way within
one year of permit issuance.
The Board of Supervisors or its agents may, in their discretion
and in addition to any inspections listed above, re-inspect the work
authorized under the permit not more than two years after the completion
of the work, and if any settlement of the roadway or driveway surface
or other defect appears in the work contrary to the conditions, restrictions
and regulations of the Township as provided in this chapter, the Township
may notify the owner, in writing, of the defect and may order that
the defect be corrected and may enforce compliance as set forth below.
Nothing in this chapter shall be construed to require a permit
in advance for emergency construction necessary for the safety of
the public. Any emergency construction, however, shall be made in
compliance with the specifications set forth in this chapter, and
an application for a permit and the fees shall be submitted within
five days after completion of the work, after which time the remaining
provisions of this chapter shall apply.
Each driveway, whether or not serving the same parcel of land,
shall require an individual permit.
A.
If the owner fails to rectify improper work or a defect which presents
an immediate or eminent safety or health problem within 48 hours,
or any other improper work and/or a defect within 30 days after written
notice from the Board or its agents to do so, the Board or its agents
may do the work and impose upon the owner the cost thereof, together
with an additional 20% of the cost, which may be recovered by an action
in the court of Common Pleas of the county wherein the Township is
located.
B.
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.[1]
C.
All fines and penalties collected for the violation of this chapter
shall be paid to the Township treasurer.
A.
The applicant and any subsequent owner of the property utilizing
the driveway shall be required to maintain the driveway where it abuts
or traverses the public right-of-way in a manner so that it will not
damage any public improvement or equipment or create a safety hazard
to the public.
B.
The applicant and any subsequent owner of the property utilizing
the driveway shall at all times keep any drainage pipes clean and
free of debris and shall not create any obstruction to the free flow
of water in the drainage areas.
C.
If the applicant or any subsequent owner of the property utilizing
the driveway shall not maintain the driveway or drainage as provided
herein and shall continue to fail to maintain the same 30 days after
notice is given by the Township, either in person or by registered
or certified mail, the person shall be guilty of violating this chapter.
D.
In addition to any penalty that may be assessed under this chapter,
that person shall be liable for any costs incurred by the Township
to bring the driveway into compliance plus 15%, the same to be assessed
upon that person as a property lien in accordance with applicable
statutes.
All terms in the singular shall also include the plural and
all terms in the masculine gender shall also include the feminine
gender unless the context clearly indicates otherwise or would lead
to an absurd interpretation.
