[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.
All roads taken over by the Borough under the Acts of Assembly,
Borough ordinance, or court order.
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.
The section of the roadway right-of-way between the pavement
edge or curb and the property line, which occurs between driveways.
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.
The distance measured along the pavement edge or curb between
the property frontage boundary line and the near edge of the driveway.
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.
That section of curb forming an arc beginning at the end
of the driveway and continuing to the throat of the driveway.
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.
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.
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.
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.
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.
A.
These regulations shall apply to all access driveways that enter
Borough roadways, including any new construction, renovation or alteration.
B.
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.
C.
A highway occupancy permit must be obtained from the Pennsylvania
Department of Transportation for any driveway on a state route.
A.
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.
B.
Location.
C.
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.
D.
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.
A.
The location and angle of an access driveway approach in relation
to the highway intersection shall be such that a vehicle:
B.
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.
C.
No part of any access driveway shall be constructed outside of the
applicant's frontage.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
Curb.
(1)
All curb must be of a permanent type.
(3)
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.
(4)
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.
D.
Sight distance.
(1)
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.
(2)
Where adequate sight distances cannot be attained, the location of
the driveway will be at the discretion of the Code Enforcement Officer.
E.
Slope of access driveway.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
F.
Access driveway pavement.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
A.
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.
B.
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.
