[HISTORY: Adopted by the Board of Supervisors of the Township of Lancaster as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Exhibit A: Residential Driveway Detail Located in DevelopmentsAttachment 2 - Exhibit B: Residential Driveway Detail Located in Rural Areas
[Adopted 6-4-1974 by Ord. No. 25]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In accordance with the provisions of 53 P.S. § 67322 of the Second Class Township Code, as amended, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings, nor any gas pipe, water pipe, electric conduits, or other piping be laid upon or in, nor shall any telephone, telegraph, or electric-light or power poles, or any coal tipples or any other obstructions be erected upon or in any portion of a Township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Township for such purpose.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The application for a permit shall be on a form prescribed by the Township and submitted to the Township in duplicate. The application shall be accompanied by a fee in accordance with the schedule of fees set forth by the Department of Transportation for highway occupancy permits and restoration charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after all the aforementioned requirements have been filed.
Upon completion of the work, the applicant shall give written notice thereof to the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon completion of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. In addition to that inspection, the Township may reinspect the work not more than two years after its completion, and if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the Township, the Board of Supervisors may enforce compliance therewith. If the applicant shall fail to rectify a defect which presents an immediate or imminent safety or health problem within 48 hours or any other defect within 60 days of written notice from the Township to do so, the Township may cause the work to be performed and impose upon the applicant the cost thereof, together with an additional 20% of such cost, to offset administrative costs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm, corporation or utility who or which violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Adopted 7-1-2009 by Ord. No. 90]
This article shall be known and may be referred to as the "Lancaster Township Driveway Permit Ordinance."
The purpose and the legislative intention of the Board of Supervisors ("Board") in enacting this article are as follows:
A. 
The Township has suffered damage to its roads/streets and rights-of-way as a result of improper design, construction, repair, and maintenance of driveways and related drainage facilities and structures in the Township's right-of-way.
B. 
The Township deems it necessary for the proper management, maintenance, and control of its public road/street system to regulate the connection of driveways to Township roads/streets and the construction of related drainage facilities and structures in the Township's rights-of-way.
C. 
The Township deems it to be in the public interest to regulate the location, design, and construction of driveways and related drainage facilities and structures in the Township's rights-of-way for the purpose of security, economy of maintenance, preservation of proper drainage, and safe and reasonable access.
For the purposes of this article, the following terms shall be defined as follows:
BOARD
The Board of Supervisors of Lancaster Township, Butler County, Pennsylvania.
CONTRACTOR
The person or business entity installing a driveway or drainage facility or structure in the Township's right-of-way, including all agents, subcontractors, officers, or employees of that person or business entity.
DRIVEWAY
A residential or other driveway within the Township's right-of-way which is used by not more than 25 vehicles per day (i.e., 50 ADT, average daily traffic).
OWNER
The owner of the land upon which the driveway or related drainage facility or structure is located.
PENNDOT
Pennsylvania Department of Transportation.
PERMIT
A driveway permit issued by the Township pursuant to this article.
PERSON
Any natural person, firm, partnership, corporation, entity, association or other group of persons.
PUBLIC ROAD/STREET
Any road, street, alley, bridge, or public thoroughfare, including the entire area between right-of-way lines, either presently maintained by Lancaster Township or dedicated by the developer for public use as shown on a subdivision or land development plan.
RIGHT-OF-WAY
The area which has been maintained or acquired by or dedicated to the Township for road/street purposes.
TOWNSHIP
Lancaster Township, Butler County, Pennsylvania, or its duly appointed representative.
A. 
No driveway or related drainage facility or structure shall be constructed or altered within the Township's rights-of-way without first obtaining a permit from the Township.
B. 
Each driveway and/or related drainage facility or structure shall require an individual permit.
C. 
A permit is not normally required for driveway and/or drainage facility and structure maintenance and repair when such maintenance or repair is conducted completely outside the Township's right-of-way.
A. 
Driveway permit applications shall be submitted to the Township at least 30 days prior to the construction of any driveway and/or any related drainage facility or structure within the Township's rights-of-way, or no later that concurrent with the building permit application for the construction of any building or structure which the proposed driveway and/or drainage facility or structure will serve.
B. 
Permit applications shall be submitted in the name of and signed by the owner of the property or an individual with an acceptable equitable interest in the property.
C. 
Permit applications shall be submitted in person or by mail to the Township on a form provided by the Township.
D. 
Permit applications shall be accompanied by such permit issuance fees and general inspection fees as determined by resolution from time to time by the Board. Issuance fees are used to defray costs incurred by the Township in reviewing and processing the application and plan(s), including the preliminary review of the site location identified in the application, and issuing and processing the permit. General inspection fees are used to defray costs incurred by the Township in spot inspection(s) during the progress of the work and after it has been completed to ensure compliance with the permit and these regulations.
E. 
Permit applications shall also be accompanied by such performance bonds, certificates of insurance, and/or blasting bonds, as the Township deems appropriate, in amounts determined by the Township and in forms acceptable to the Township.
F. 
Permit applications shall contain, at a minimum, the following information:
(1) 
Tax Map and parcel number of the property on which the project is proposed.
(2) 
Name, address, and telephone and fax numbers of the applicant.
(3) 
Name, address, and telephone and fax numbers of the contractor performing the work.
(4) 
Date work is scheduled to begin.
(5) 
Date work is scheduled to be completed.
(6) 
For nonresidential driveways, the volume of traffic expected, and the types of vehicles using the driveway.
(7) 
Drawing or sketch plan of the proposed driveway which, at a minimum, shall indicate:
(a) 
Geometric information, such as width, radius, dimensions, and location of the public road and right-of-way, and slope, grades, and length of the driveway to residence or building, and distance to property lines and nearest driveway(s) and intersection(s). In conjunction with submission of the application, the applicant shall place stakes outlining the connection at the desired location, the location of which shall coincide with the submitted sketch.
(b) 
Safe sight distances shall be indicated on the sketch as obtained from actual field measurement. Sight distances shall be measured in accordance with PennDOT requirements for driveways at a speed of 35 mph, unless otherwise posted at a higher speed limit.
(c) 
Drainage culvert (if applicable) or swale, including related grades, as may be required. The determination for installation of a culvert pipe or swale shall be made by the Township following the Township's initial review of the application. The application must also include a long-term drainage and erosion control plan which shall specify provisions for roadside drainage and control and mitigation of surface water runoff created by installation or improvement of the driveway.
(8) 
Driveway profile.
(9) 
Narrative describing the purpose and scope of the proposed drainage project, including but not limited to the size and depth of the project.
(10) 
Drawing or sketch plan detailing the construction of the proposed drainage facilities or structures with respect to the public roads/streets.
(11) 
Date the application is signed by the applicant.
(12) 
Such other information, diagrams, sketches, forms, and plans as the Township may deem necessary.
G. 
Driveways and drainage projects shall be permitted where the Township determines that:
(1) 
The driveway or drainage facility or structure will not cause damage to a public road/street.
(2) 
Sight distances are adequate to safely allow each permitted movement to be made into or out of the driveway;
(3) 
The driveway or drainage facility or structure will not create hazards caused by stormwater runoff;
(4) 
The free movement of normal traffic on the public road/street is not impaired;
(5) 
The driveway or drainage facility or structure will not create a traffic hazard; and
(6) 
The driveway or drainage facility or structure will not create an area of undue traffic congestion on the public road/street.
H. 
Following the initial review of the application, the Township may determine that a stormwater management plan is required, in which case, the owner shall submit and obtain approval of a stormwater management plan from the Board prior to the issuance of the driveway permit.[1]
[1]
Editor's Note: See Ch. 229, Stormwater Management, Art. VIII, Stormwater Management Site Plan and Report Requirements.
I. 
If the application or plan is found to be deficient, or in the opinion of the Township the plan should be revised in order to meet the criteria above, the Township shall notify the owner of the deficiencies or changes to be made.
J. 
Once the Township determines that the revised application and/or plan meets the criteria above, the permit shall be issued.
K. 
Driveway permits shall apply only to the work specified in the application, expire on the date and time specified, and may contain such conditions or limitations as the Township deems necessary for the protection of persons and property. If all authorized work is not completed by the specified completion date, the owner may submit a written request for an extension of time. If granted by the Board, the extension may authorize work to continue for up to an additional six months.
L. 
Driveway permits may not be transferred or assigned without the prior approval of the Township.
M. 
Revocation. In the event of failure or neglect by the owner to perform and comply with the requirements of the permit, the Township may immediately revoke and annul the permit and order and direct the owner to remove any or all structures, equipment or property belonging to the owner and/or contractors from the legal limits of the right-of-way and to restore the right-of-way to its former condition.
All driveways and related drainage projects shall be designed to meet the following requirements:
A. 
Sight distance. Measurement of sight distance from a vehicle turning from a driveway shall be such that the position of the driver is taken to be 10 feet from the edge of the traveled roadway at the center line of such driveway; the driver eye height is to be 3.5 feet; the vehicle height on traveled roadway is to be 4.25 feet. Adequate sight distance is to be provided to the right and to the left of the driveway.
B. 
Normally, only one driveway will be permitted per lot/parcel.
C. 
Driveways shall not be located within 40 feet of the right-of-way line of an intersecting street.
D. 
Driveways shall not be located within five feet of a fire hydrant, catch basin, or drain inlet.
E. 
Driveways shall not exceed a slope of 7% within 15 feet of the street right-of-way line.
F. 
Driveways shall not be located within six feet of a property line.
[Amended 19-2-2015 by Ord. No. 105]
G. 
Driveways shall not be permitted at locations that would interfere with the placement, functioning, or maintenance of street signs, detectors, lighting, or other devices that affect traffic control.
H. 
Driveways on property which abuts two or more roads or streets may be restricted to only that road or street which can more safely accommodate its traffic.
I. 
The installation of related drainage pipes and culverts and/or the construction of drainage swales shall meet Township specifications.
J. 
Driveways shall not alter the existing drainage pattern or the existing flow rate or velocity of drainage water.
K. 
Driveways shall not direct additional drainage of surface water onto or into the road/street or Township's right-of-way in any way which would have a detrimental effect on the road/street or right-of-way.
L. 
Paving to limits. All driveways which have access onto a paved public road/street are required to be paved with gravel or asphalt from the edge of the existing public road to the right-of-way limit.
M. 
The installation and/or construction of all residential driveways shall also meet the Township specifications set forth in Exhibit A, Residential Driveway Detail Located in Developments, and Exhibit B, Residential Driveway Detail Located in Rural Areas, attached hereto, and which are hereby adopted by reference and declared to be a part of this article.[1]
[1]
Editor's Note: Exhibits A and B are included as attachments to this chapter.
A. 
The Township may inspect the driveway or drainage project at any time during construction and after completion.
B. 
The owner shall notify the Township, in writing, when the construction of a driveway or drainage project is completed and the site is ready for final inspection by the Township.
C. 
In the event settling or other defects are identified in the driveway or drainage project, the Township may require the owner to institute corrective measures.
D. 
If the owner fails to rectify a defect which presents an immediate or imminent safety or health problem within 48 hours or any other defect within 60 days after written notice from the Township to do so, the Township may do the work and impose upon the owner the cost thereof, together with an additional 20% of the costs, which may be recovered by the Township.
A. 
The owner and/or contractor shall restore all disturbed portions of the road/street and right-of-way including slopes, and all appurtenances and structures such as guide rails or drainpipes, to a condition at least equal to that which existed before the start of any work authorized by the permit.
B. 
The owner and/or contractor shall be responsible for any and all damage to any portion of the Township road/street or right-of-way caused by any construction, maintenance, or repair activity at the site.
C. 
The owner shall be responsible for long-term maintenance and repair of the driveway connection and related drainage and stormwater management facilities and structures.
D. 
In the event excess stormwater runoff or sediment is diverted onto the road/street, the owner will be given notice and required to make necessary corrections to bring the driveway and drainage into compliance.
E. 
In the event the driveway culvert pipe becomes blocked, crushed, or damaged, the owner shall clean, repair, or replace the pipe at the owner's expense.
F. 
The owner shall be responsible for any and all damage to any portion of the Township road/street or right-of-way caused by water or sediment runoff from the lot/parcel.
G. 
If the owner fails to take timely corrective action, the Township reserves the right to make the repairs or contract with a third party to perform the needed repairs at the owner's expense.
Permits for driveways or drainage projects accessing a state highway shall be obtained from PennDOT. A separate driveway permit from the Township is not required for access to a state highway.
Any owner or contractor who violates any provision of this article shall, upon being found liable therefore in a civil enforcement proceeding, pay a fine not to exceed $600 per violation, including additional daily penalties for continuing violations, plus all court costs and reasonable attorney's fees incurred by the Township. Each day of violation shall constitute a separate offense and be subject to the penalty set forth herein.
A. 
If any sentence, clause, phrase, or section of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, phrases, sections, or parts of this article.
B. 
It is hereby declared as the intention of the Board of Supervisors that this article would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, phrase, section, or part thereof not been included therein.