Township of Lower Paxton, PA
Dauphin County
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[Adopted 3-1-1971 by Ord. No. 6-71 (Art. 907 of the 1960 Code)]
It shall be unlawful for any person, firm or corporation to construct a driveway or make an opening into a Township street, road or highway or to install a ditch or drain in or along the Township street, road or highway without first securing a permit as hereinafter provided and in accordance with the standards adopted by the Board of Supervisors.
Any person, firm or corporation desiring to construct a driveway or make an opening into or to install a ditch or a drain in or along a Township street, road or highway shall make application to the Township Engineer, in writing, for that purpose. Such application shall be upon blanks furnished by the Township and shall set forth the name of the applicant, the exact location of the proposed driveway, opening, ditch or drain, the approximate size, width, depth, grade or relative measurements thereof and the type of material proposed to be used. The Township Engineer shall issue such permit if the application conforms with the standards adopted by the Board of Supervisors.
A. 
Access drives shall not be closer than 40 feet to a public street intersection or within 10 feet of a fire hydrant, catch basin or drain inlet.
B. 
Driveways shall not exceed a slope of 10% and shall have a leveling area with a slope not exceeding 2% within 15 feet of the public street cartway line. Where drives enter a bank through a cut, retaining walls shall be provided, or in lieu thereof, the side slopes of the cut shall be graded to not more than foot vertical to one-foot horizontal within 10 feet of the point where the drive intersects with the right-of-way line of the public street.
C. 
The center-line elevation of the driveway shall be on grade with the curb cut or, in lieu of a curbing, not more than two inches above the cartway surface of the public street.
D. 
No driveway shall exceed 24 feet in width within 15 feet of the public street cartway except as increased by a curb radius not greater than five feet.
[Amended 6-3-1991 by Ord. No. 91-07]
E. 
Nonresidential driveways shall conform with the additional standards listed in Chapter 203, Zoning.
[Added 6-20-1994 by Ord. No. 94-17]
F. 
All new driveways shall be paved for a minimum distance of 50 feet from the edge of the cartway.
[Added 6-20-1994 by Ord. No. 94-17]
During such installation, every necessary and reasonable precaution shall be taken by the applicant and the parties making the same to keep the drains open and to maintain the street in a safe and passable condition; and such permit shall be issued on the express condition that the person to whom the same is issued shall indemnify, save and hold harmless the Township from any loss or damage of any kind occasioned by the construction of such driveway or installation of such ditch or drain.
In the event that any work performed pursuant to such permit shall, in the opinion of the Township Engineer, be unsatisfactory and the same shall not be corrected in accordance with his instructions within the time fixed by him, such time not to be less than three days, or in the event that the work for which the permit was granted is not completed within the time fixed by such permit, the Township may proceed to correct such unsatisfactory work or complete any such work not completed and charge the cost thereof, plus any penalties allowable by law, to the applicant. In default of payment of such charges and penalties within 30 days after written notice thereof, the same shall be collected by the Township in the same manner provided by law for the collection of municipal claims.
Any person, firm or corporation who or which violates or permits a violation of this article, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. 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.