[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.]
The following words, when used in this chapter,
unless the context clearly indicates otherwise, shall be defined as
follows:
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]
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]
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]
The area between the right-of-way lines of any street, as
below defined.
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were repealed 4-9-2013 by Ord.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]
(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]
(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.
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.
