[HISTORY: Adopted by the Borough Council of the Borough of South Waverly 6-2-2010 by Ord. No. 06-02-10-03 (Ch. 55 of the 1992 Code). Amendments noted where applicable.]
The Borough finds that it is in the public interest to regulate the design, location and construction of access driveways in such a manner so as to facilitate the safe and unobstructed movement of vehicular traffic on Borough roadways.
The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the following meanings, respectively, except in those instances where the context clearly indicates a different meaning:
- Any means for passage of vehicles between property abutting on a Borough roadway and the roadway. It shall be deemed to include only that part of the driveway that lies within the established right-of-way limits of the Borough roadway. It will also include such drainage structures as may be necessary for the proper construction and maintenance thereof.
- BOROUGH ROAD or ROADWAY
- All roads taken over by the Borough under the Acts of Assembly, Borough ordinance, or court order.
- CORNER CLEARANCE
- The distance, at an intersection of two roadways between the near edge of the access driveway approach and the point of intersection of the pavement edges or the curbline extended.
- INTERMEDIATE ISLAND
- The section of the roadway right-of-way between the pavement edge or curb and the property line, which occurs between driveways.
- PAVEMENT EDGE
- The edge of the main traveled portion of any street or roadway, exclusive of shoulder or berm.
- Any natural person, firm, copartnership, association or corporation.
- PROPERTY LINE CLEARANCE
- The distance measured along the pavement edge or curb between the property frontage boundary line and the near edge of the driveway.
- PUBLIC ALLEY
- Any public way generally not less than eight feet or more than 20 feet in width, located within the Borough, which affords access to the side or rear of buildings in such block.
- RADIUS CURB
- That section of curb forming an arc beginning at the end of the driveway and continuing to the throat of the driveway.
- RURAL AREA
- An area where roadways have been built to typical rural highway standards without sidewalks and curbs.
- The lateral distance between the right-of-way line and the roadside business building, liquid fuel pump island, display stand or other object, the uses of which will result in space for vehicles to stop or park between such facilities and the right-of-way line.
- SHOULDER LINE
- The intersection of the shoulder slope with the side slope or ditch slope.
- A permanent concrete walkway, continuous for a reasonable distance and integral part of the roadway development, solely for use of pedestrians.
- STABILIZED MATERIAL
- Any aggregate, such as gravel, stone, slag, or mixtures of such aggregates with soil, placed in such a manner as to provide a smooth, stable, all-weather surface not subject to undue raveling.
- STATE HIGHWAY
- All roads and highways taken over by the Commonwealth of Pennsylvania as state highways under provision of Act of Assembly. The term shall include any street in any city, Borough or incorporated town that has been taken over as a state highway.
- URBAN AREA
- An area where the roadways have been built to typical city street standards, including sidewalks and curbs.
- Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway.
These regulations shall apply to all access driveways that enter Borough roadways, including any new construction, renovation or alteration.
Any person desiring to construct or lay out such driveway shall make application to the Borough Code Enforcement Officer for approval of the location, design and mode of construction of such driveway, and for permission to proceed. Application forms will be available at the Borough offices to any applicant upon request. The construction or layout of a proposed driveway will not be started prior to receipt of a written permit signed by the Code Enforcement Officer and containing such reasonable terms and conditions as the Borough may deem necessary to impose.
A highway occupancy permit must be obtained from the Pennsylvania Department of Transportation for any driveway on a state route.
All driveways shall be located, designed and constructed in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the Borough roadway.
In accordance with this principle, driveways should be located where the roadway alignment and profile are favorable; i.e., where there are no sharp curves, or steep grades, and where sight distance in conjunction with the driveway access would be adequate for safe traffic operation.
Access driveways should not be located at interchanges, ramp areas, or locations that would interfere with the placement and proper functioning of roadway signs, signals, detectors, lighting or other devices that affect traffic control. The location of a driveway near a signalized intersection that has an actuated traffic signal may include a requirement that the permittee provide (without expense to the Borough) additional detectors for the control of traffic movement from his establishment or for relocation of existing detectors.
Where roadway curbs exist, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain the proper drainage.
The permissible number, arrangement and width of driveways shall be governed in part by the roadway frontage of abutting private property. The number of driveways permitted shall be the minimum number required to serve adequately the needs of the abutting property. Frontages of 50 feet or less shall be limited to one driveway. Normally not more than two driveways need to be provided to any single property tract or business establishment. Exception may be made where the frontage exceeds 300 feet in length or where the frontage is along a divided highway. In such instances, requests for additional driveways shall require prior approval from the Borough Zoning Hearing Board.
The location and angle of an access driveway approach in relation to the highway intersection shall be such that a vehicle:
Where the access driveway approach and roadway pavement meet, flaring of the approach may be necessary to allow safe, easy turning of the vehicle when entering or departing from the driveway.
No part of any access driveway shall be constructed outside of the applicant's frontage.
Each roadside business establishment shall provide sufficient parking or storage space off the right-of-way to prevent the storage of vehicles on the driveway or the backing up of traffic on the traveled roadway.
No part of the roadway right-of-way shall be used for servicing of vehicles, displays or conducting a private business. The area between the edge of the pavement and the right-of-way line shall be kept clear of all buildings, sales exhibits, business signs, parking areas, service equipment, etc.
Improvements on private property adjacent to the right-of-way shall be so located that parking, stopping and maneuvering of vehicles on the right-of-way will not be necessary in order for vehicles or patrons to be served properly. For example, liquid fuel pump islands installed in service stations adjacent to the roadway shall be located not less than 12 feet outside of the right-of-way line when a driveway is established and the permit is issued. This subsection is not intended to imply that should the Borough roadway be widened at a later date that the fuel pumps have to be moved back in order to comply with the twelve-foot minimum distance from the right-of-way line. However, a greater distance is recommended to provide sufficient space for large vehicles.
Access driveways relative to limited access right-of-way. No access driveway shall be located within 30 feet of the terminus of a limited access highway or within 30 feet of a limited access highway right-of-way line measured along the pavement edge.
Angle of access driveway approach. The angle of access of driveway approach shall be as provided in the Pennsylvania Department of Transportation specifications, Form 408, latest edition.
All curb must be of a permanent type.
In urban and rural areas where curb exists, the existing type of curb shall be matched. The line and grade of the existing curb shall be maintained.
Where the property abutting the roadway right-of-way will be used for parking areas, the Borough may require the curb to be placed along the right-of-way line. This curb will be required to confine the traffic movement to the access driveway and to prohibit encroachment upon sidewalks or shoulder areas.
Access driveways shall be located at a point of optimum sight distance along the roadway within the property frontage limits. The profile of the driveway and the grading of the right-of-way area shall provide a maximum sight of distance so that the operator of a vehicle departing from such a driveway will have optimum visibility in either direction along the roadway.
Where adequate sight distances cannot be attained, the location of the driveway will be at the discretion of the Code Enforcement Officer.
Slope of access driveway.
All driveways shall be constructed in such a manner as not to impair drainage within the roadway right-of-way, alter the stability of the roadway subgrade or materially change the drainage of adjacent areas. Where open shoulders or berms exist, the grade of the paved access driveway(s) shall slope away from the highway pavement at the same rate as the existing shoulder (unless advised to the contrary by the Borough Code Enforcement Officer) for the prevailing width of the shoulder. The gradient of a driveway beyond this point (within the highway right-of-way) shall be not less than 1/2 inch per foot.
Driveway ramps may extend from the face of the curb up to the outer edge of the sidewalk area in those cases where a planted area occurs between multiple driveways.
The rate of slope for such driveway ramps preferably should not exceed one inch per foot. Where conditions are such that the one-inch-per-foot slope is not obtainable, the sidewalk area of the driveway may be lowered sufficiently to obtain the allowable ramp slope and the sidewalk may be warped up to meet the normal sidewalk grade, at a rate of slope not to exceed 3/8 inch per foot.
Where a drainage ditch or swale exists, adequate pipe shall be installed under the driveway (by the permittee) in accordance with Borough specifications. Minimum diameter of such drainage pipe shall be 15 inches unless otherwise specified by the Code Enforcement Officer. Under no circumstances shall the diameter of such drainage pipe be less than 12 inches unless otherwise specified by the Code Enforcement Officer. In addition, all such drainage pipes shall be not less than 20 feet long unless otherwise specified by the Code Enforcement Officer.
Access driveway pavement.
Access driveways shall be appropriately surfaced between the traveled road and the business or service area with a stabilized material or a higher quality material when specified by the Code Enforcement Officer. All materials used in the construction of driveways shall meet Borough specifications and be purchased from an approved source of supply.
Application of a material to create an impermeable surface (i.e., asphalt, cement, etc.) shall be required for, at least, the driveway apron (an area comprised of the width of the driveway extending from the edge of the road to the property line) of all new or existing driveways in cases where degree of slope, location, or similar topographic factors could create an erosion or runoff problem detrimentally affecting roads and streets or a neighboring property. For new construction, the requirement, if necessary, shall be noted on the driveway application. Erosion and runoff problems on existing driveways shall be documented by the Code Enforcement Officer or his agent. The property owner shall be notified of the requirement for hard surfacing the driveway apron by certified mail and shall be given six months from the date of the notice to accomplish the improvements.
Application of a material to create an impermeable surface (i.e., asphalt, cement, etc.) shall be required for the full length and width of the access driveway of all new or existing driveways in cases where degree of slope, location, method of grading, or similar topographic factors could create an erosion or runoff problem detrimentally affecting roads and streets or a neighboring property. This requirement, as well as a requirement for a graded culvert pipe specially designed for steep grades, shall be determined on a case by case basis by the Code Enforcement Officer taking into consideration all of the above criteria; The notification provisions described under Subsection F(1) above shall apply.
Prior to commencing any stage of land development, (i.e., grading, clearing, well drilling, septic system installation, or house construction, etc.) a stone access driveway shall be provided between the road right-of-way and the lot line at each building site to contain mud and debris on the lot during construction. At the discretion of the Code Enforcement Officer, a culvert pipe of a size sufficient to allow the free flow of water into the established drainage ditches may also be required prior to commencing land development. These requirements shall be noted on the driveway permit application.
All driveways, adjacent areas and areas between such driveways including channelization, paving, drainage, etc., installed by the permittee shall be maintained by the property owner in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the Borough roadway, or the safe and convenient passage of traffic upon the Borough roadway. The term "adjacent area" shall apply only to that area within the permittee's property or property line extended.
Work authorized by a Borough building permit for construction of an access driveway shall be performed at such time in such a manner as to conform to all requirements and standards specified therein. Such work will be inspected by a representative of the Borough immediately upon receipt of the completion notice from the permittee or at date of expiration of the permit.
If an inspection of the work discloses that it is not being or has not been properly performed, the permittee will be notified, in writing, by the Borough to take immediate steps, at his own expense, toward placing the work in such condition as to conform to said requirements and standards.
Driveways shall not be located nearer than 10 feet to any side or rear lot line; nor shall driveways run parallel with any public street within 20 feet of the edge of the street right-of-way. Within 10 feet of the street right-of-way, driveways shall not exceed 35 feet in width.
The number of driveways may not exceed two per lot on any one street frontage. The Zoning Hearing Board may grant permission by special exception for additional driveways where required to meet exceptional circumstances and where frontage of unusual length exists.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bradford County.