INGRESS TO TOWNSHIP ROADS
SECTION I. SHORT TITLE. This Part shall be known and hereafter referred to as the Franklin Township Driveway Ordinance.”
SECTION II. DEFINITIONS. For the purpose of this Part, the following terms shall have meanings ascribed thereto, as follows:
A. BOARD--the Board of Supervisors of
B. CONTRACTOR--the party, person, firm, partnership, and/or corporation who or which installs a driveway, including all agents, officers, or employees of said party, person, firm, partnership and/or corporation.
C. DRIVEWAY--any area of land designated or to be used as a means of ingress and/or egress for either vehicles and/or pedestrian traffic from a public road to a piece, parcel, or tract of land.
D. OWNER--the owner of the land upon which the driveway is located.
E. PERMIT--a permit issued by the Board to signify approval of the driveway connection.
F. PERSON--any individual, partnership, company, association, society, corporation or other
group or entity.
G. PUBLIC ROAD--any road, street, alley or public thoroughfare whether actually maintained by Franklin 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 Franklin Township in the future as part of its road system.
SECTION III. PERMIT REQUIRED. No person, owner and/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 ~he Board.
SECTION IV. APPLICATION FOR PERMIT. Any person, owner and/ or contractor shall, prior to obtaining a driveway permit, file an application, on an application form supplied by the Board,
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. The application shall be reviewed by the Engineer or Roadmaster of the Township. The Engineer or Roadmaster shall determine if the proposed method of constructing or making said connection, as reflected on the application, is such that it will (1) minimize the adverse effect of storm water run-off resulting from said connection, (2) not cause damage to the road to which the driveway is to be connected, and (3) not create or increase hazardous driving conditions for those persons using the road on which the driveway is to be connected. If found satisfactory by the Engineer or Roadmaster he shall so advise the Board, and the Board will issue, or cause to be issued, the permit. If the plan is found deficient, or if in the opinion of the Township Engineer or Roadmaster the plan could be improved so as to (1) minimize the adverse effect of storm water run-off, (2) lessen drainage to the road to which the driveway is to be connected, or (3) lessen hazardous driving conditions on the road to which the driveway is to be connected, the Engineer or Roadmaster shall, by written communication to the owner, notify him of the changes to be made. The applicant shall immediately make such changes and return the revised plan to the Township. When such plan is in acceptable form, the Board shall approve or cause the same to be approved and the permit issued.
SECTION V. FEES. The application shall be accompanied by an application fee in the amount of forty dollars ($40.00) to cover costs of processing the permit along with a preliminary and final inspection to be conducted by the Township Engineer or Roadmaster. Resurfacing twent-five dollars ($25.00).
SECTION VI.
STRICT COMPLIANCE WITH PLANS. All construction in any way
incidental to the installation of thedriveway shall
be performed in strict conformance with the approved plans and the suggested
design standards of the
SECTION VII. INDIVIDUAL PERMITS REQUIRED. Each driveway, whether serving the same premises or not, shall require an individual permit.
SECTION VIII. MAINTENANCE OF DRIVES AND FACILITIES. This shall include all drives constructed under this ordinance and drives existing prior to.
The Township shall have the authority to direct the owner of a particular drive to clean, replace and/or improve any drainage facility that is adversely affecting storm water run-off which is causing damage to Township roads or causing hazardous driving conditions for those persons using said Township roads.
SECTION IX. PENALTIES. Any owner, person and/or contractor who or which shall violate any of the provisions of this Part shall, upon conviction thereof by summary proceeding before any
District Magistrate or District Justice having jurisdiction be sentenced to pay a fine of not more than three hundred dollars ($300.00). Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine imposed and the costs, the defendant may be sentenced and committed to the county jail or workhouse for a period not exceeding thirty (30) days. All fines collected for the violation of this Part shall be paid to the Treasurer of the Township for the general use of the Township.
GENERAL PROVISIONS
SECTION X. ABANDONED REAL PROPERTY. For any public street or alley which is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the centerline of the property which is abandoned. In the event abandoned property is not divided at the centerline for abutting properties, the zoning districts applicable shall apply to such ownership lUte as determined by virtue of such abandonment.
For any public property other than streets or alleys, the regulations applicable to the zoning classifications which abuts the abandoned property for the greatest number of lineal feet shall apply to the entire property.
SECTION XI. ACCESS CONTROL. In order to promote the safety of motorists and the pedestrian and to minimize traffic congestion and conflict by reducing the magnitude of and the number of points of contact, the following regulations shall apply on local roads:
A. A point of access, that is, a driveway or other opening for vehicles onto a public street, shall not exceed twenty-five feet (25’) in width, except as otherwise provided in this section.
B. The maximum number of points of access permitted
onto any one (1) street shall be as follows:
Less than 65 feet 1
65 feet to 200 feet 2
Greater than 200 feet 2, plus 1 for each additional
200 feet or fraction thereof
C. In lieu of any two openings permitted on any one street, there may be permitted a single point of access up to thirty-five feet (35’) in width. However, service stations shall be permitted two (2) openings, not to exceed thirty-five feet (35’) each in width along any abutting public street providing that such property abuts such street for a distance of not less than one hundred twenty feet (120’).
D. There shall be a minimum distance of twelve feet (1 2’) between any two openings onto the same
street.
E. No point of access shall be allowed within thirty feet (30’) of the intersection of the right-of-way lines of any public street.
F. No curbs shall be cut or altered and no point of access or opening for vehicles onto a public street shall be established without a permit issued by Franklin Township Supervisors under the supervision of the Roadmaster.
SECTION XII. SEVERABILITY. If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions thereof.
SECTION XIII. EFFECTIVE DATE. This ordinance shall become effective five (5) days after adoption thereof.
ENACTED AND ORDAINED this 3rd.day of February, 1997, in lawful session duly assembled.