This chapter amends the Driveway Ordinance of
the Township of Middle Smithfield originally adopted December 23,
1985, as Ordinance No. 32 and all subsequent amendments thereto and
establishes rules, requirements and standards governing issuance of
driveway and road occupancy permits prior to the construction of any
driveway or street accessing a Township road and the collection of
fees and also provides penalties for violations thereof within the
corporate limits of Middle Smithfield Township, Monroe County, Pennsylvania.
This chapter shall be known as and may be cited
as the "Middle Smithfield Township Driveway Permit Ordinance (Driveway
Ordinance), Ordinance No. 79."
This chapter has been adopted for the purpose
of providing minimum standards for the protection of life, property,
environment and for the safety of the traveling public.
A.
General rule. It is in the public's interest to regulate
the location, design, construction, maintenance and drainage of access
driveways and streets and other property within the Township road
right-of-way for the purpose of security, economy of maintenance,
preservation of proper drainage and safe and reasonable access.
B.
Other requirements. Issuance of a permit under these
regulations does not relieve the permittee from any additional responsibility
to secure other federal, state or local approval or permits as may
be required by law.
C.
Safety requirements. Nothing contained in this chapter
is intended to relax existing safety requirements.
The provisions of this chapter apply to the
construction and upgrading of all driveways and other accessways onto
the public road system of Middle Smithfield Township.
A.
Applicability of references. Unless specifically provided
in this chapter, all references to article, section or subsection
numbers or to provisions not specifically identified by number shall
be construed to refer to such article, section, subsection or provision
of this chapter.
B.
Ordinance remedial. This chapter shall be construed
to secure its expressed intent, which is to ensure public safety as
it is affected by unregulated access onto public roads, and to prevent
excess stormwater drainage onto and damage to the public roads resulting
from the construction of such accessways.
The Township Roadmaster is hereby authorized
to administer and enforce the provisions of this chapter.
A.
Entry. Upon presentation of proper credentials, the
Roadmaster or his duly authorized representative may enter, at reasonable
times, any premises in Middle Smithfield Township to perform any duty
imposed upon him by this chapter.
B.
Unlawful action. It shall be unlawful for any person,
firm or corporation whether as owner, lessee or occupant to construct
or change (installation of macadam, etc.) any driveway or street access
onto any road that is currently or proposed to be a part of the Middle
Smithfield Township public road system or cause or permit the same
to be done, contrary to or in violation of any of the provisions of
this chapter.
Ordinary repairs to driveways or street access
entrances may be made without application or notice to the Roadmaster,
but such repairs shall not include resurfacing with macadam, regrading
or diverting stormwater runoff onto the public road.
A.
All sight distances and drainage facilities for driveways
and street access entrances shall be maintained in the same condition
as the original permit requirements.
B.
Property owner responsibility. The owner of the property
where the driveway is located or, in the case of street access, the
developer or property owners' association shall be responsible for
the above maintenance.
A.
This chapter shall not create liability on the part
of the Middle Smithfield Township Board of Supervisors or any officer,
consultant, agent, representative or employee of Middle Smithfield
Township for damages that may result from reliance on this chapter
and any amendment thereto or any administrative decision lawfully
made thereunder.
B.
The landowner's signature on the permit application
shall be an acknowledgment and acceptance of this section.
