[Ord. 89-139, 11/2/1989, § 1]
1.
No driveway, road, street, drainage facility or structure shall be
located, constructed, altered, maintained or connected within and/or
to a Borough road, drainage facility or within a Borough right-of-way
without first obtaining a permit from the Borough.
2.
All permit applications shall be submitted in the name of, and be
executed by, the owner of the property upon which the proposed driveway,
road, street, drainage facility or structure is located.
3.
All permit applications shall be submitted to the Secretary of the
Borough. All such applications shall be reviewed for approval by the
Borough Engineer and the Borough Planning Commission. After such reviews
and approvals a permit shall be issued by the Borough Ordinance Officer.
4.
All permit applications shall be submitted prior to the undertaking
of any activity on the property which the proposed driveway, road,
street, drainage facility or structure shall serve.
5.
All permit applications shall be executed by the owner/applicant,
shall include two sets of plans drawn to scale, detailing the location
and pertinent dimensions of the proposed activity and related Borough
road and drainage features; and shall be accompanied by the permit
fee made payable to the Borough in the amount as hereafter set forth
in the schedule of permit fees.
[Ord. 89-139, 11/2/1989, § 2]
The following words and terms, when used in this Part, shall
have the following meanings, unless the context clearly indicates
otherwise:
A driveway, road, street or other means of passage of vehicles
between the road and abutting property, including acceleration and
deceleration lanes and such drainage facilities and structures as
may be necessary for the proper construction and maintenance thereof.
A line formed by the face of the existing curb or, in its
absence, the outer edge of the shoulder, along which curbing is, or
may be, located.
The portion of the roadway adjoining the traveled way constructed
for the purpose of enabling a vehicle that is exiting a roadway to
slow to a safe speed after it has left the mainstream of traffic.
Every entrance or exit used by vehicular traffic to or from
properties abutting a road. The term includes proposed streets, lanes,
alleys, courts, drives and ways.
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
The exit of vehicular traffic from abutting properties to
a road.
All machinery and equipment, together with the necessary
supplies for upkeep and maintenance, and also tools and apparatus
necessary for the proper construction and completion of the work.
The latest revision of highway construction specifications
issued by the Pennsylvania Department of Transportation.
The distance along the right-of-way line in front of an abutting
property.
A driveway used, or expected to be used, by more than 1,500
vehicles per day.
The area within the right-of-way which has been constructed
for road purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and any other appurtenances.
The entrance of vehicular traffic to abutting properties
from a road.
A driveway shared by and constructed to provide access to
two or more properties.
A driveway used, or expected to be used, by more than 25
but less than 750 vehicles per day.
A driveway used, or expected to be used, by more than 750
but less than 1,500 vehicles per day.
A residential or other driveway which is used, or expected
to be used, by not more than 25 vehicles per day.
To hold title to land or a building or be a tenant in a lease
that will not terminate within 15 years of the permit issuance date.
The edge of the main traveled portion of any road, exclusive
of shoulder.
Plain or reinforced cement concrete curb which meets Pennsylvania
Department of Transportation standards.
A road occupancy permit issued by the Borough pursuant to
this Part.
Any natural person, firm copartnership, association, corporation
or political subdivision.
Drawings which show the location, character and dimensions
of the proposed occupancy and related highway features, including
layouts, profiles, cross sections, drainage and other details.
The distance measured along the pavement edge or curb between
the property frontage boundary line and the near edge of the driveway.
The area which has been acquired by the Borough for road,
street or highway purposes.
Every public road of the Borough, including streets, lanes,
alleys, courts and ways, either existing or proposed, and the right-of-way
for the same.
That portion of a road improved, designed or ordinarily used
for vehicular travel, exclusive of the sidewalk or shoulder.
The Secretary of the Borough Council of the Borough.
The lateral distance between the right-of-way line and the
roadside building, liquid fuel pump island, display stand or other
object which will result in space for vehicles to stop or park between
such object and the right-of-way line.
The portion of the roadway contiguous to the traffic lanes
for accommodation of stopped vehicles, for emergency use, and for
lateral support of base and surface courses and pavements.
The intersection of the shoulder slope with the side slope
or ditch slope.
A paved walkway, continuous for a reasonable distance and
an integral part of the road, constructed solely for use by pedestrians.
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.
Any sign, signal, marking or device placed or erected for
the purpose of regulating, warning or guiding vehicular traffic or
pedestrians, or both.
The portion of the roadway for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
The radius of an arc which approximates the turning path
of the exterior corner of a vehicle.
Every device in or by which any person or property is, or
may be, transported or drawn upon a road. The term includes special
mobile equipment, as defined in the Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Ord. 89-139, 11/2/1989, § 3]
1.
The following conditions shall apply to all permits issued under
the provisions of this Part:
A.
The permit issued shall be binding upon the permittee, his agents,
contractors, successors and assigns.
B.
The permittee shall be responsible for compliance with all of the
terms and conditions of the permit.
C.
The permit shall be located at the work site and available for inspection
by a representative of the Borough during the time period that work
is performed.
D.
The permit shall be maintained by the Borough as a permanent record
and remain in effect and subject to permit conditions as long as the
driveway, road, street, or drainage facility and structure authorized
by the permit exists.
E.
Responsibility for compliance with the terms of the permit shall
not be assigned or transferred by the permittee without first obtaining
prior written approval from the Borough. The permit shall be valid
only as long as the traffic volumes and/or runoff of the driveway,
road, street or drainage facilities and structures do not exceed the
information supplied at the time of application for the permit.
F.
The Borough, in granting the permit, does not waive any of its rights
to require future changes in the operation, removal, relocation or
proper maintenance of any driveway, road, street, drainage facility
or structure authorized by a permit.
G.
The permittee, and any subsequent owner of the property accessed
by the permitted facilities, shall maintain the driveway, road, street,
drainage facility or structure in good and proper order.
H.
All work and activity to be performed within the Borough's right-of-way
shall be performed at such time and in such manner as to conform to
all the requirements and standards of the Pennsylvania Department
of Transportation.
I.
In the event of the failure and neglect or refusal by the permittee
to perform and comply with the permit or the provisions of this Part,
the Borough may immediately revoke and annul the permit and order
and direct the permittee to remove any or all structures, equipment
or property belonging to the permittee or its agents, employees or
contractors from the legal limits of the right-of-way and to restore
the right-of-way to its former condition. In the event that the Borough
determines that such structures, equipment or property pose a threat
to the public safety and the permittee fails, neglects or refuses
to remove the same after notice from the Borough to do so, then the
Borough shall be authorized to appear for the permittee or have any
attorney of any court of record appear for the permittee and to enter
an amicable action of ejection and confess judgment against the permittee;
and the Borough, or said attorney, shall be authorized to issue forthwith
a writ of possession without leave of court, all at the cost of the
permittee.
J.
In undertaking activity under a permit, the permittee shall, with
due diligence in a continuous and regular fashion, perform all work
and install all material and facilities provided for in said permit
and shall undertake during such work to provide safety measures satisfactory
to the Borough to protect the public and those lawfully using the
Borough road from injury, damage or harm.
K.
If the permittee, after undertaking work, fails to continue, pursue,
complete or restore the same and it is determined in the sole judgment
of the Borough that the interests of the public safety, health and
general welfare require the continuation and completion of the work
to standards as determined by the Borough, then, and in that event,
the Borough may undertake said work and, upon completion, lien the
costs of the same, together with a penalty of 10% and reasonable attorneys
fees, against the permittee and his property.
[Ord. 89-139, 11/2/1989, § 4]
1.
Unless specifically authorized by the permit, the permittee shall
not alter the existing drainage pattern or the existing flow of drainage
water or direct additional drainage of surface or runoff water onto
or into the roadway, roadway drainage facilities or onto the road
right-of-way, which would have a detrimental effect on said road drainage
facilities or right-of-way.
2.
Drainage control for minimum-use driveways shall be as follows:
A.
If the driveway from any land to a Borough road necessitates the
crossing of any drainage facility or drainage channel within the right-of-way,
then said driveway shall be so constructed as to provide a pipe or
conduit of a material designated by the Borough of a dimension sufficient
to carry the volume of water within said drainage facility or channel,
but in no event shall said pipe or conduit be of a size of less than
12 inches in diameter unless approved by the Borough Engineer.
3.
Drainage control plan for other than minimum-use driveways shall
be as provided in 67 Pa. Code § 441.3(g) and (h).
[Ord. 89-139, 11/2/1989, § 5]
All driveways, roads and streets shall be located, designed,
constructed and maintained in such a manner as to not interfere or
be inconsistent with the design, maintenance and drainage of the Borough
road or street to which the same is to be connected. All driveways,
roads and streets which are subject to this Part shall be so located,
designed, constructed and maintained as to comply with the requirements
set forth in 67 Pa. Code §§ 441.7, 441.8 and 441.9.
[Ord. 89-139, 11/2/1989, § 6]
1.
The permit application for all driveways, other than those classified
as minimum-use driveways, shall include a plan which illustrates,
as a minimum, the following, including dimensions, where applicable:
A.
Existing roadway, pavement, ditches, rights-of-way, relevant property
lines, road appurtenances, utilities, medians and drainage facilities.
B.
Existing and proposed buildings or structures, including a description
of present and proposed use of buildings and structures.
C.
Details of internal traffic circulation and parking.
D.
Design features of existing and proposed driveways, curbs, tapers,
acceleration and deceleration lanes, including driveway width, driveway
radii and other points of curvature, driveway grades, driveway angles
in relation to the Borough road, dimensions of traffic islands, driveway
surface material and location of all traffic control devices.
E.
Distance from existing and proposed driveways to the following:
(1)
Nearest intersecting street, road or highway.
(2)
Nearest driveway on adjacent properties.
(3)
Any street, road, highway or driveway opposite the property.
(4)
Relevant property lines shown extended into the Borough road.
(5)
Sight distance in each direction for the proposed driveway.
(6)
The number of vehicles per day which are expected to utilize
each proposed driveway.
[Ord. 89-139, 11/2/1989, § 7; as amended by Ord. 97-173, 2/6/1997]
Permit fees, unless the same differ from those established by
the Commonwealth of Pennsylvania for such permits (see Title 67 Pa.
Code), shall be paid at the time of application to the Borough. Permit
fees shall be established from time to time by resolution of the Borough
Council.
[Ord. 89-139, 11/2/1989, § 8; as amended by Ord. 97-173, 2/6/1997]
1.
If a person is in violation of any of the conditions, restrictions
or requirements of the permit, or any of the provisions of this Part,
then the Borough shall, in its sole discretion, be entitled to impose
any or all of the following penalties:
A.
Require the permittee to cease all work in the permitted area except
the restoration of the area to a safe condition or as otherwise provided
in the provisions of this Part. If such activity is undertaken by
the Borough, then no further work shall be performed in the permitted
area until the violation has been remedied.
B.
Revocation of the applicant's permit.
C.
Upon conviction, be sentenced to pay a fine not to exceed $1,000,
plus costs, and, upon default of payment of said fine and costs, to
a term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.
2.
In addition, the Borough shall have the right to enforce this Part
or to remedy conditions occasioned by violations of the permit or
this Part by actions instituted in equity or at law.
