Township of Brecknock, PA
Lancaster County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Brecknock 10-23-1990 by Ord. No. 78; amended in its entirety 3-13-2001 by Ord. No. 131. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 40.
Construction codes — See Ch. 51.
Streets and sidewalks — See Ch. 95.
Subdivision and land development — See Ch. 98.
Vehicles and traffic — See Ch. 103.
Zoning — See Ch. 110.
058a Exhibit A 058b Figure 1
The following words, when used in this chapter, unless the context clearly indicates otherwise, shall be defined as follows:
ACCESS DRIVE
A public or private driveway providing vehicular access to and between parking areas for more than two parking spaces within a land development; or any driveway servicing two or more units of occupancy on a single lot.
[Added 4-9-2013 by Ord. No. 188-2013]
CLEAR SIGHT TRIANGLE
For the purposes of this chapter, an area of unobstructed vision at the intersection of a driveway and street, defined by lines of sight between points at a given distance from the intersection of the center lines of the driveway and street.[1]
[Amended 4-9-2013 by Ord. No. 188-2013]
DRIVEWAY
An entrance used by vehicular traffic to access property from a public or private street or an exit used by vehicular traffic to access a public or private street from a property.
[Added 4-9-2013 by Ord. No. 188-2013]
RIGHT-OF-WAY AREA
The area between the right-of-way lines of any street, as below defined.
STREET
Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or other thoroughfare appearing on the topographical survey or records of the Township, recorded subdivision plan or as established by ordinance and open to public use, or any other roads maintained by the Township.
[1]
Editor's Note: The definitions of "medium volume driveway" and "minimum use driveway," which immediately followed this definition, were repealed 4-9-2013 by Ord. No. 188-2013.
A. 
It is hereby declared unlawful for any person, firm or corporation to grade for, construct or repair a driveway that accesses a street of Brecknock Township, Lancaster County, Pennsylvania, except as hereinafter provided.
B. 
Any person, firm, corporation or other entity desiring to grade, provide surface water drainage over or through, construct and/or repair a driveway that accesses a street of Brecknock Township shall first obtain a permit therefor from the Code Enforcement Officer of the Township, issuing the aforesaid permit only after the following conditions have been satisfied.
(1) 
The filing of a written application with the Code Enforcement Officer, upon such form as approved by the Board of Supervisors, setting forth the location, purpose and description of the improvement or work to be done.
(2) 
The approval of said application by the Code Enforcement Officer.
(3) 
The payment of a permit fee, as set by resolution of the Board of Supervisors, at the time of filing an application with the Code Enforcement Officer, for an additional 90 days, upon application and payment of an additional fee for each such ninety-day extension.
C. 
The form of application and permit and fee schedules shall be adopted from time to time by the Board of Supervisors by resolution. A copy thereof shall remain on file at the Township office.
D. 
All new grading and construction, including provisions for surface water drainage, of a driveway accessing a street of the Township shall be performed in accordance with the following standards:
(1) 
All driveways shall be constructed in a manner that will not impede or divert the normal flow of surface drainage. The grade and construction of all driveways shall be in accordance with the standards and specifications which are attached hereto and incorporated herein by reference thereto. Where the driveway grade exceeds 8%, a leveling area shall be provided adjacent to the roadway to allow safe ingress and egress during wet and/or slippery driving conditions. The leveling area grade shall not exceed 8% and shall extend a minimum of 20 feet from the edge of cartway.
(2) 
All driveways shall be constructed in a manner that prevents stones, soil or other debris from being deposited in the right-of-way. All driveways that slope down to the Township road shall be provided with a swale on the uphill side of the driveway. The swale shall be of a proper dimension to adequately convey storm runoff from a ten-year storm to the low point of the driveway or to intermediate water bars. The swale shall intercept storm runoff before it reaches the driveway surface, unless the driveway is paved. All unpaved driveways shall be sloped away from the uphill side swale, so that driveway stones are not washed into the swale. Intermediate water bars may be used in order to reduce the amount of runoff reaching the bottom of the swale and to more closely follow preexisting drainage patterns. If used, water bars must be paved and may not direct concentrated runoff onto an adjacent property.
(3) 
All portions of access drives shall be paved. Paving composition shall be as specified in Subsection D(5) below.
[Amended 4-9-2013 by Ord. No. 188-2013]
(4) 
Driveway width, radii at the Township road, and angle of intersection to the Township road shall comply with the following:
[Amended 4-9-2013 by Ord. No. 188-2013]
Driveways
Access Drives
Width
Minimum (feet)
12
10 per travel lane
Maximum (feet)
24
15 per travel lane
Return radius
Minimum (feet)
5
15
Maximum (feet)
15
50
Angle of Intersection
Minimum
75º
75º
Maximum
105º
105º
NOTE:
* As dictated by expected type of vehicles.
(5) 
As part of the driveway construction, the owner shall provide bituminous or concrete paving extending for a minimum distance of 20 feet from the edge of the cartway. The paving shall consist of a minimum of a six-inch stone base course and a two-and-one-half-inch bituminous course or equal paving approved by the Township. The swale should be maintained or the pipe should be located four feet from the edge of the cartway, or as directed by the Township Engineer.
(6) 
The use of drainage pipes under a driveway will only be permitted if the street cross section requires curbing or all of the following conditions are met:
(a) 
It is impossible or impractical to maintain drainage flow without a pipe.
(b) 
Calculations are submitted showing that the proposed pipe will have a capacity equal to or greater than the existing gutter or that such pipe will pass a ten-year storm from the drainage area without flooding the roadway. Runoff calculations shall be based upon the United States Department of Agriculture Soil Conservation Service Soil-Cover-Complex Method, the Rational Formula of Q = CIA, or any other method acceptable to the Township Engineer.
(c) 
The owner agrees, in writing, to maintain the pipe in good condition, free of debris and siltation. If the Township must replace pipe, the landowner will bear the expense.
(d) 
The owner agrees in writing to relocate and/or replace the pipe if at some future date the Township improves or widens the public road requiring such relocation and/or replacement.
(7) 
Clear sight requirements.
(a) 
The sight distance for all driveways shall comply with the requirements for state highways prescribed by the Pennsylvania Department of Transportation, as codified at 67 P.S. § 441.8, and any amendments and addenda thereto.
(b) 
Clear sight triangles shall be provided at all driveway entrances and shall be shown on all plans in accordance with the requirements of the Brecknock Township Subdivision and Land Development Ordinance, Article VIII.[1] All clear sight triangles shall be kept clear and maintained free of obstructions to vision, and no person shall place, plant, deposit or permit the placement, planting or deposit of any material, bush, fence, tree, shrub or other obstruction of a height greater than 30 inches or tree limbs lower than eight feet within such clear sight triangles.
[Amended 4-9-2013 by Ord. No. 188-2013]
[1]
Editor's Note: See Ch. 98, Subdivision and Land Development.
(8) 
The near edge of all driveways shall be a minimum of 75 feet from the edge of cartway of the nearest intersecting public or private street. Access drives shall be located as specified in the Brecknock Township Subdivision and Land Development Ordinance.[2]
[Amended 4-9-2013 by Ord. No. 188-2013]
[2]
Editor's Note: See Ch. 98, Subdivision and Land Development.
(9) 
No portion of any driveway shall be within five feet of an adjoining property line.
[Added 4-9-2013 by Ord. No. 188-2013]
E. 
Any repairs to a conforming driveway, including stormwater drainage facilities, that accesses a street of Brecknock Township shall be performed in such a manner so that said repairs shall not change the original design and specifications; or if a new design and specifications are proposed, they shall be submitted to the proper Township official for approval in accordance with Subsection B hereof.
F. 
Any repairs to a nonconforming driveway, including stormwater drainage facilities, that accesses a street of the Township shall be performed in such a manner as to change the design and specifications to conform to the design criteria and requirements set forth in Subsection D of this section.
All permits granted under the terms of this chapter shall be valid for a period of one year from the date of issuance, and all work must be completed within that time. All requests for renewals and/or extensions of time relative to the construction or installation of the driveway shall be submitted to the Code Enforcement Officer, who shall review the same and forward such request, accompanied by his comments thereon, to the Board of Supervisors for its decision. Any and all renewals and extensions shall not exceed an additional one-year period.
Any person, firm, corporation or other entity applying for any permit under this chapter shall indemnify the Township of Brecknock against all liability of whatever nature arising during the performance of work or as a result of work for which a permit is granted, whether or not the said liability arises as a result of the negligence of the person, firm, corporation or other entity to whom the permit was issued.
Any person, firm or corporation, or the members of such firm or the officers of such corporation, who or which shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 and/or imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense. All fines collected for the violation of this chapter shall be paid to the Treasurer of the Township for the general use of the Township.
The provisions of this chapter, so far as they are the same as those of ordinances and codes in force immediately prior to enactment of this chapter, are intended as a continuation of such ordinances and/or codes. Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued or approval granted or any cause or causes of action, including actions to enforce any right or penalty or punish any offense under the repealed ordinance arising prior to the enactment of this chapter.