[Adopted 11-13-1995 by Ord. No. 264 (Ch.
21, Part 3, of the 1993 Code)]
B.
C.
Exceptions.
(1)
The provisions of this article shall not apply to
driveways which require a permit under PennDOT driveway rules and
regulations for the layout, location, design, construction, erection,
installation, opening and/or alteration of such driveways.
(2)
The provisions of this article, concerning the layout, location, design, construction, erection, installation, opening, alteration and/or number of driveways, shall not apply to driveways which are subject to the Subdivision and Land Development Ordinance [Chapter 310] and permitted under and by an approved and recorded final subdivision and/or land development plan. However, the provisions of this article, concerning permits, permit application fees, review and inspection fees and costs, insurance, post-installation deficiencies and penalties shall apply to such driveways.
The following words and phrases, including the
plural, singular and all other forms thereof, when used in this article
shall have the meanings given them in this section, unless the context
clearly indicates otherwise:
The applicant for a permit under this article concerning
a driveway who shall be the lot owner of the lot served, or to be
served, by the driveway.
The Board of Commissioners of the Township.
A private way providing for vehicular and pedestrian access
between a parking or other area on a lot and an abutting road (as
the term "road," is defined in this section), including:
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
The edge of the main traveled portion of a road, exclusive
of shoulder.
The last date on or by which the Township, under or pursuant
to the Act of July 9, 1976, P.L. 919, No. 170, as amended, 53 P.S.
§ 4104,[1] or other applicable law, is required to render a decision
approving or denying a permit under this article.
A designated parcel, tract or area of land, which is established
by a plat or otherwise as permitted by law, that is, or is to be used,
developed or built upon as a unit.
The extent to which a lot abuts a road, such extent being
the length of that portion of the ultimate right-of-way line of the
road abutting the lot.
The person who holds, of record, legal title to a lot. If more than one person holds such title, "lot owner" shall mean all such persons. For purposes of § 304-22 (providing for a permit) and § 304-26 (providing for post-installation deficiencies) of this article, "lot owner" shall mean the person or persons who hold, of record, legal title to a lot served, or to be served, by a driveway subject to those sections.
The rules and regulations of the Department of Transportation
of the Commonwealth of Pennsylvania set forth in Chapter 441, entitled
"Access to and Occupancy of Highways by Driveways and Local Roads,"
of Title 67 of the Pennsylvania Code, with all amendments and supplements
thereto and any new rules and regulations substituted therefor, as
in force at the time of application under this article.
Any individual or any corporation, partnership, limited liability
company, business trust, syndicate, other association, government
entity, estate, trust, foundation or other entity recognized by law
as the subject of rights and duties.
Any road, highway, street, lane, alley, court,
easement or way, serving primarily as a means of vehicular and pedestrian
travel:
The dedication of which as a public street has
been accepted, conditionally or unconditionally, by the Township;
The dedication of which as a public street has
been offered to but not yet accepted, conditionally or unconditionally,
by the Township;
The dedication of which as a public street has
not yet been, but is intended to be, offered to the Township as part
of an approved and recorded final subdivision and/or land development
plan or otherwise; and/or
The maintenance of which as a public street
has been undertaken by the Township; and
Any state or county road or highway over which
the Township has acquired jurisdiction. "Road" shall include the entire
width between the ultimate right-of-way lines of such road, highway,
street, lane, alley, court, easement or way.
The classification of a road as one of the following classes: semicontrolled access highway; feeder road; residential/rural road; rural road; and cul-de-sac road. Such classes are defined in the Subdivision and Land Development Ordinance [Chapter 310]. A semicontrolled highway shall be the highest classification, and a cul-de-sac road shall be the lowest classification.
Chapter 310 of the Code of the Township of Upper Pottsgrove, known as the "Upper Pottsgrove Subdivision and Land Development Ordinance," with all amendments and supplements thereto and any new ordinance substituted therefor, as in force at the time of application under this article.
The Township of Upper Pottsgrove, Montgomery County, Pennsylvania.
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Township or
engaged specially as a consultant to the Township.
The dividing line between the outside boundary or right-of-way
line of a road and an abutting lot.
The Zoning Hearing Board of the Township.
Chapter 350 of the Code of the Township of Upper Pottsgrove, known as the "Upper Pottsgrove Zoning Ordinance of 1976, as amended," with all amendments and supplements thereto and any new ordinance substituted therefor, as in force at the time of application under this article.
[1]
Editor's Note: Said Act was repealed 11-10-1999
by P.L. 491, No. 45. See now 35 P.S. § 7210.502.
No driveway, or any part thereof, shall be laid
out, located, designed, constructed, erected, installed, opened and/or
altered except in strict conformance with the provisions of this article
including, without limitation, applying for and obtaining a permit
and paying and making deposits for fees and costs as set forth in
this article.
A.
The driveway shall be located in such manner so that
sight distance is adequate to allow safe movement into and out of
the driveway, free movement of normal road traffic is not impaired,
and a hazard or an area of undue traffic congestion on the road is
not created.
B.
The driveway shall be located at least 40 feet from
the nearest road intersection, unless:
(1)
The lot frontage of the lot, on and for which the
driveway is proposed, is insufficient to allow such location, in which
case the driveway shall be located as far as possible from the nearest
road intersection.
(2)
The Zoning Ordinance [Chapter 350] requires a different location, in which case the driveway shall be located in accordance with applicable provisions of the Zoning Ordinance [Chapter 350]. The provisions of this subsection shall supersede and have control over inconsistent provisions of Subsection B(1) of this subsection.
C.
When different road classifications are involved,
the driveway shall provide access to the road of lesser or least,
as the case may be, classification.
D.
Safe sight distance and posted speed limits shall
be two of the criteria used for driveway location, as well as for
driveway design and construction. Minimum safe sight distance shall
be determined and provided in accordance with the safe sight distance
requirements of the PennDOT driveway rules and regulations. Where
speed limits are not posted, verified roadway speeds may be used.
The driveway shall be designed and constructed
in accordance with the following:
A.
Width. The driveway shall have a minimum width of
10 feet, except that a minimum width of 15 feet shall be provided
at the driveway entrance and over any swale or drainage pipe.
B.
Radius. A minimum radius return of five feet shall
be provided at the driveway entrance.
C.
Curb. Where curb is involved, the curb shall be depressed
to a height of 1 1/2 inches above the gutter line, and the curb
depression shall be two feet wider than the driveway.
D.
Paving. That portion of a driveway, within 25 feet
of the center line of the abutting road, shall be paved to the full
width thereof. Such length of paving may be increased by the Township
in cases of long driveways, areas of drainage problems, and/or other
conditions deemed by the Township as warranting additional paving
length. The paving of the driveway shall consist of two inches minimum
depth of ID-2 on four inches minimum depth of crushed stone.
E.
Slopes. Within 20 feet of the edge of pavement, the
slope of the driveway profile shall not exceed 4% and shall not be
less than 1%. Beyond such 20 foot point, the slope of the driveway
profile shall not exceed 13%. The cross slope of the driveway paving
shall be 3/8 inch per foot.
F.
Pipe. The Township, upon field investigation, shall
determine whether a drainage pipe shall be installed under the driveway.
The design and size of the pipe, when required, shall be determined
by drainage computations using a five year storm frequency. The minimum
diameter of the pipe shall be 15 inches. The pipe shall be either
corrugated galvanized metal pipe or concrete pipe. The pipe shall
be located at least six feet from the edge of pavement unless field
conditions, upon Township inspection, indicate a different location.
The minimum length of the pipe shall be either 20 feet or such other
length as shall extend at least two feet on each and beyond the edge
of the driveway paving, whichever length is greater.
G.
Swale. The Township, upon field investigation, shall
also determine whether a swale shall be used. When a swale is used,
the gutter shall be at least six inches lower than and at least six
feet from the edge of pavement. The requirements of this subsection
may be modified by the Township as field conditions warrant.
H.
Non-single-family residential driveway. A driveway for other than a single-family residential use shall be designed and constructed in accordance with all the requirements applicable to residential streets, with the exception of right-of-way requirements, as set forth in the Subdivision and Land Development Ordinance [Chapter 310]. The provisions of this subsection shall supersede and have control over inconsistent provisions of § 304-18 (providing for driveway location) of this article and inconsistent provisions of Subsections A through G (providing for certain design and construction requirements) of this section.
If any location, design or construction requirement of a driveway under § 304-18 and/or § 304-19 of this article cannot be met, the Board of Commissioners may, upon request of the applicant and upon recommendation of the Township Engineer, waive the requirement if the following conditions are satisfied:
A.
No other reasonable access to the lot is available
which will either meet the requirement or deviate from the requirement
to a lesser extent.
B.
The applicant has done all that can reasonably be
done to satisfy the requirement.
C.
If additional land is required to meet the requirement,
the applicant provides satisfactory evidence that the additional land
cannot be acquired at a reasonable price.
D.
No traffic problem will be created.
E.
To the extent that the requirement is also provided under and by the Zoning Ordinance [Chapter 350], the applicant applies for and obtains a final unappealable decision of the Zoning Hearing Board granting a variance or other appropriate relief permitting the deviation from the requirement as set forth in the Zoning Ordinance [Chapter 350].
F.
The applicant executes an indemnity agreement satisfactory
to the Township, binding upon the applicant and the heirs, personal
representatives, successors and assigns of the applicant, and inuring
to the benefit of the Township, its officials, employees and agents.
No more than one driveway for the same lot shall
be permitted, unless the lot frontage of the lot exceeds 300 feet,
in which case one additional driveway may be permitted upon a demonstration
by the applicant of the need for the additional driveway. In no case
shall more than two driveways for the same lot be permitted. Each
driveway shall comply with the provisions of this article.
A.
A permit issued by the Township, upon application of the lot owner, shall be required prior to laying out, constructing, erecting, installing, opening and/or altering a driveway, and prior to commencing remedial work, required under § 304-26 of this article.
B.
The application for the permit shall be made in writing
upon such forms as the Board of Commissioners shall prescribe from
time to time. The prescribed application form shall require such information,
plans, studies, reports and other items to be set forth thereon or
to be submitted therewith as the Board of Commissioners may deem necessary
to determine compliance with the provisions of this article and/or
other applicable law including, but not limited to:
C.
The application for the permit shall be submitted
in the name of and signed by the lot owner.
D.
The application for the permit shall be accompanied by the application fee as provided under § 304-23 of this article, and the initial deposit for review fees and costs as provided under § 304-24A(2) of this article. An application submitted without such application fee and/or initial deposit shall be incomplete.
E.
The Township, upon examination of the application for the permit, may make such investigations and may require the applicant to submit such further information as the Township deems necessary to determine compliance with the provisions of this article. Such information may be in addition to the information, plans, studies, reports and other items required to be set forth on or submitted with the prescribed application form. If the applicant fails to submit the further information within 15 days after the date of the Township's written request therefor or by the fifth day prior to the last permit decision date, whichever occurs first occurs, the Township may, in addition to such other or further rights as it may have, deny the application. In such case, the applicant shall not be entitled to the refund of any fees or for any deposit for fees and costs made under this article except as provided under § 304-24F of this article.
F.
The permit shall be issued only to the lot owner.
The permit shall not be issued to any contractor of the lot owner
nor to any person other than the lot owner.
G.
Approval of the application for the permit, and any
permit issued thereon, shall be subject to and conditioned upon an
agreement of and signed by the lot owner, binding upon the lot owner
and the heirs, personal representatives, successors and assigns of
the lot owner, to:
(1)
Maintain the driveway, including any drainage pipe or swale appurtenant thereto, at all times in a safe and operable manner and to remedy any deficiencies under and in accordance with § 304-26 of this article.
(2)
Fully indemnify, save harmless and defend the Township,
its officials, employees and agents, of and from all liability, or
alleged liability, for damages or injury occurring to any person or
persons or property through, arising out of, resulting from or otherwise
in consequence of any act or omission of the lot owner or of any contractor,
agent, servant, employee or other person engaged or employed in, about,
or upon the work under or pursuant to the permit, by, at the instance
of, or with the approval of consent of the lot owner; any failure
of the lot owner or of any of the foregoing persons to comply with
this article, other applicable law, and/or the terms and conditions
of the permit; and/or for a period of two years after completion of
the work under or pursuant to the permit, any failure of the grade,
to or from which the driveway provides access, which is caused, directly
or indirectly, or in whole or in part, by such work. Such agreement
shall be set forth in or attached to the application, and a copy thereof
attached the permit.
H.
In the event that permit is revoked as provided under this article or otherwise, the Township may, in addition to such other or further rights and remedies as it may have, order and direct the lot owner to remove any and all structures, equipment and/or other property belonging to the lot owner, or to any contractor or other person employed or engaged by the lot owner to perform work or take other actions under or in furtherance of the permit, from the road, between the ultimate right-of-way lines thereof, and to restore the commencement of work under or pursuant to the permit. Should the lot owner fail to comply with such order and direction, the Township shall have the right, without limitation, to cause such removal of property and such restoration of the road right-of-way, and to collect the cost thereof in the same manner and fashion as the Township may collect costs under § 304-26C of this article (providing for the Township's remediation of post-installation deficiencies where the lot owner fails to do so).
Upon and together with the filing of an application for a permit under § 304-22 of this article and the making of the initial deposit for review fees and costs under § 304-24A(2) of this article, the applicant shall pay to the Township an application fee to defray the administrative costs and expenses of the Township in processing the application. The amount of the application fee shall be established from time to time by resolution of the Board of Commissioners.
A.
Review fees and costs. The applicant for a permit under § 304-22 of this article shall:
(1)
Be responsible for all fees and costs incurred by
the Township in the review of the permit application by the Township
Engineer and/or such other professional consultant as may be engaged
by the Township for such review. The need for such review and the
selection of the consultant to perform the review shall be determined
by the Board of Commissioners in its sole discretion.
(2)
Deposit funds with the Township, to be held in escrow by the Township, for the exclusive use of the Township to draw upon, at its sole order, for purposes of reimbursing itself for or paying the review fees and costs. The initial deposit of funds for review fees and costs shall be made upon and together with the filing of the permit application and the payment of the permit application fee under § 304-23 of this article. The amount of the initial deposit shall be established from time to time by resolution of the Board of Commissioners.
B.
Inspection fees and costs. The applicant whose permit application under § 304-22 of this article is approved shall:
(1)
Be responsible for all fees and costs incurred by
the Township in the inspection of the work under the permit by the
Township Engineer and/or such other professional consultant as may
be engaged by the Township for such inspection. The need for such
inspection, including the number of inspections, and the selection
of the consultant to perform the inspection shall be determined by
the Board of Commissioners in its sole discretion.
(2)
Deposit funds with the Township, to be held in escrow by the Township, for the exclusive use of the Township to draw upon, at its sole order, for purposes of reimbursing itself for or paying the inspection fees and costs. The initial deposit of funds for inspection fees and costs shall be made following approval of the permit application by the Township but prior to the issuance of the permit. The amount of the initial deposit shall be established from time to time by resolution of the Board of Supervisors. The approval of the permit application and the issuance of the permit shall be subject to the Township's receipt of the initial deposit, and no work under the permit shall commence until the initial deposit is made and the permit is issued. If the initial deposit is not received by the Township within 60 days after the date of the Township's written notice to the applicant advising of the approval of the application and the amount of the initial deposit to be made, the Township may revoke the approval of the application. In the latter case, the applicant shall not be entitled to the refund of any fees or of any deposits for fees and costs paid or made under this article except as provided by Subsection F of this section.
C.
Additional deposits. Should the balance of the escrow
deposit for either the review fees and costs or the inspection fees
and costs, after reimbursement or payment thereof by the Township,
fall below that amount estimated by the Township Engineer for additional
review or inspection fees and costs which the Township likely may
incur, the Township, from time to time and at any time, may notify,
in writing, the applicant to deposit additional funds in escrow with
the Township to cover the estimated amount of additional fees and
costs. The applicant shall deposit the additional funds with the Township
within 10 days of the date of the Township's notice.
D.
Payment of excess fees and costs. Should the review or inspection fees and costs incurred by the Township at any time exceed the escrow deposit therefor held by the Township, the Township shall invoice the applicant within 10 days of the invoice date. Payment under this subsection shall be in addition to the deposit of additional funds in escrow required under Subsection C of this section.
E.
Failure to make additional deposits or pay excess fees and costs. If the applicant fails to deposit the additional funds in escrow under Subsection C of this section or to pay excess fees and costs under Subsection D of this section, the Township may, in addition to such other or further rights and remedies as it may have, do the following as the case may be:
(1)
Discontinue further processing and review of the permit
application, and, if the failure continues for more than 30 days after
the date of the Township's notice for invoice for the deposit or payment
or continues to the fifth day prior to the last permit decision date,
whichever first occurs, deny the application.
(2)
Order the cessation of all further work under the permit until the deposit or payment is made in full, and, if the failure continues for more than 60 days after the date of the Township's notice or invoice for the deposit or payment, revoke the permit. In the case the application is denied or the permit is revoked, as provided in this subsection, the applicant shall not be entitled to the refund of any fees or of any deposit for fees and costs paid or made under this article except as provided under Subsection F of this section.
F.
Refunds. To the extent that no other sums, including any fines and/or costs under § 304-27 of this article, are due and owing the Township by the applicant in connection with the permit application and/or the work under the permit any portion of the escrow deposits, remaining after all review and inspection fees and costs have been fully reimbursed to or paid by the Township, shall be refunded to the applicant.
A.
The applicant for a permit under § 304-22 of this article shall, when requested by the Township, submit to and in favor of the Township a certificate or certificates of insurance for public liability and property damage, in such form and amount satisfactory to the Township, to cover any loss that may be incurred for or on account of any matter, cause or thing arising out of the work under or pursuant to the permit. Any request by the Township for such insurance certificate or certificates may be made at any time prior to approval of the permit application. If such request is made by the Township, the application shall not be approved until the insurance certificate or certificates are received by the Township.
B.
If the applicant fails to submit to the Township such satisfactory insurance certificate or certificates when requested, the Township may, in addition to such other or further rights and remedies as it may have, discontinue further review and processing the permit application, and, if the failure continues for more than 15 days after the date of the Township's request for the certificate or certificates or continues to the fifth day prior to the last permit decision date, whichever first occurs, deny the application. In the latter case, the applicant shall not be entitled to the refund of any fees or of any deposit for fees and costs paid or made under this article except as provided under § 304-24F of this article.
A.
In the event of any faulty, defective or inadequate
design or installation of a driveway which does or is likely to impede
the free flow of surface water across or under the driveway entrance
or render the entrance or abutting road unsafe to travel thereover,
and upon certification by the Township Engineer of such condition
and after written notice thereof by the Township to the lot owner
or tenant in possession, such deficiency shall be repaired, removed
or otherwise remedied by the lot owner within such time as specified
in the Township's notice but in no event later than 45 days after
the date of the notice.
B.
The specific repair, removal or other remedial work
to be undertaken by the lot owner shall be as specified in the Township's
notice, and shall be at the sole cost and expense of the lot owner.
Such work may include the installation of drainage pipe of adequate
design, strength and size. Unless otherwise specified by the Township,
no such work shall be commenced until the lot owner first obtains
a permit therefor and pays and makes deposits for applicable fees
and costs in accordance with this article.
C.
In the event that the lot owner fails to comply with
the Township's notice, the Township, in addition to and not in limitation
of any other rights and/or remedies as it may have at law or in equity,
may cause the repair, removal or other remedial work to be done and
collect the cost thereof, together with a penalty of 10% of such cost,
in the manner provided by law for the collection of municipal claims
or by a civil action at law without the filing of a claim.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $1,000, plus costs, and, in default of payment
thereof, shall be subject to imprisonment for a term not exceeding
30 days. A violation of the terms and conditions of any permit issued
under this article shall be considered a violation of this article.
Each day that a violation of this article continues shall constitute
a separate offense and violation of this article.
