[HISTORY: Adopted by the Board of Supervisors
of the Township of Allegheny 3-13-1989 (§§ 7.101 to 7.108 of the 1986 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Supervisors of Allegheny Township, Westmoreland
County, Pennsylvania.
The party, person, firm, partnership or corporation who or
which installs a driveway, including all agents, officers or employees
of said party, person, firm, partnership or corporation.
Any area of land designated or used as a means of ingress
and/or egress for either vehicles or pedestrian traffic from a public
road to a piece, parcel of tract of land.
The owner of the land upon which the driveway is located.
A permit issued by the Board to signify approval of the driveway
connection.
Any individual, partnership, company, association, society,
corporation or other group or entity.
Any road, street, alley or public thoroughfare whether actually
maintained by Allegheny Township as part of its road system, or whether
shown on a subdivision or land development plan and intended to be
offered or dedicated to Allegheny Township in the future as part of
the Allegheny Township road system.
The Township of Allegheny, Westmoreland County, Pennsylvania.
No person, owner or contractor shall hereafter
install, initiate any work or allow the installation or initiation
of any work toward the installation of a driveway without first obtaining
a permit therefor from the Township Manager.
Any person, owner or contractor shall, prior
to obtaining a driveway permit, file an application, on an application
form supplied by the Township Manager, reflecting and showing the
location of the driveway relative to the premises and designating
the course, grade, structure, materials and drainage facilities, if
any, involved in the construction of the driveway.
A.Â
The application shall be reviewed by the Engineer
or Road Superintendent of the Township.
B.Â
The Engineer or Road Superintendent shall determine
if the proposed method of constructing or making said connection,
as reflected on the application, is such that it will:
(1)Â
Minimize the adverse effect of stormwater runoff resulting
from said connection.
(2)Â
Not cause damage to the road to which the driveway
is to be connected.
(3)Â
Not create or increase hazardous driving conditions
for those persons using the road to which the driveway is to be connected.
(4)Â
Not obstruct the roadside ditches or cause stormwater
to divert onto the improved portion of the roadway.
(5)Â
Be of the same elevation as compared to the elevation
of the road surface.
(6)Â
Demonstrate drainage facilities of adequate size to
carry all stormwater under the driveway with the drainage pipe to
be of a minimum diameter of 15 inches.
(7)Â
Result in adequate sight distance for vehicles entering
and leaving the public road.
C.Â
If found satisfactory by the Engineer or Road Superintendent,
he shall so advise the Township Manager and the Township Manager will
issue, or cause to be issued, the permit.
D.Â
If the plan is found deficient, or if in the opinion of the Township Engineer or Road Superintendent the plan could be improved so as to more adequately address the items reviewed in Subsection B above, the Engineer or Road Superintendent shall, by written communication to the applicant, notify the applicant of the changes to be made.
E.Â
The applicant shall immediately make such changes
and return the revised plan to the Township Manager.
F.Â
When such plan is in acceptable form, the Township
Engineer or Road Superintendent shall approve or cause the same to
be approved and the permit issued by the Township Manager.
[Amended 2-8-1993; 1-10-2005 by Ord. No. 2-2005]
The application shall be accompanied by an application
processing fee, a post-construction inspection fee and a security
deposit, which security deposit will be refunded to the applicant
upon completion of the post-construction inspection and approval of
the driveway connection. The amounts of said application processing
fee, post-construction inspection fee and security deposit shall be
as set from time to time by resolution of the Board of Supervisors.
A.Â
Sight distance shall be adequate to safely allow each
permitted movement to be made into or out of the driveway.
B.Â
Minimum acceptable sight distances shall be based
upon the sight distance requirements adopted and applied by the Pennsylvania
Department of Transportation at 67 Pa. Code 441.8, as amended from
time to time, which are adopted and incorporated herein by reference.
[Amended 7-9-2007 by Ord. No. 04-2007]
All construction in any way incidental to the
installation of the driveway shall be performed in strict conformance
with the approved plans.
Each driveway, whether serving the same premises
or not, shall require an individual permit.
A.Â
Upon completion of the work, the applicant shall give
written notice thereof to the Township Manager.
B.Â
The Township Engineer or Road Superintendent shall
inspect the construction and, when necessary, enforce compliance with
the conditions, restrictions and regulations prescribed by the permit
and by this chapter.
C.Â
Where any defect or lack of compliance is discovered,
the applicant shall rectify the discrepancy within 60 days after written
notice from the Township to do so and, in default thereof, the Township
may do the work and shall impose upon the applicant the cost thereof
together with an additional 20% of such cost.
Any owner, person or contractor who or which
shall violate any of the provisions of this chapter shall, upon conviction
in a summary proceeding brought before a District Justice under the
Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense
and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be
sentenced to imprisonment for a term not exceeding 90 days. Each day
or portion thereof that such violation continues or is permitted to
continue shall constitute a separate offense, and each section of
this chapter that is violated shall also 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.
