Dingman Township
                           Pike County, PA        

 


                       

Legal Notice:  While every attempt has been made to be as accurate as possible, the material found on these pages represents an unofficial copy of the ordinance.  When in conflict, the original signed official documents kept in the Township Building shall prevail.  Persons relying on this version shall do so at their own risk.

 

 AN ORDINANCE OF DINGMAN TOWNSHIP, PIKE COUNTY, PENNSYLVANIA, REGULATING DRIVEWAY AND PRIVATE STREET ACCESSES AND ENCROACHMENTS TO PUBLIC ROADS.

ORDINANCE NO. 05-2004

 Section 1: Title and Applicability

This Ordinance shall be known as the “Dingman Township Road Encroachment ordinance.

This Ordinance shall apply to all new driveways and private streets and those existing driveways and private streets accessing a Township Road when the following circumstances apply:

i. Any improvements including paving, repaving, widening, constructing, changing or modifying a driveway or private street entrance. Normal repairs and maintenance shall not be subject to the provisions of this ordinance.

ii. Any driveway or private street that constitutes a hazardous or nuisance run-off situation affecting the Township roadway.

For those properties requiring access to a state road, no building or zoning permit shall be issued to any applicant until the applicant has presented to the Township evidence that a PaDOT Highway Occupancy Permit has been issued. A Certificate of Occupancy/Use shall not be issued until the construction thereof accepted (approved) by PaDOT.

Section 2: Definitions.

For the purpose of this Ordinance, the following terms shall have the meanings ascribed thereto.

Commercial Driveway: Any area of land designated or to be used as a means of vehicular ingress or egress from a public road to a single parcel of land and intended to serve a nonresidential or multifamily structure.

Driveway: Any area of land designated or to be used as a means of vehicular ingress or egress from a public road to a single parcel of land and intended to serve only one (1) single family residence.

Public Road: Any road, street, alley or public thoroughfare owned or maintained by either the Township of Dingman or the Commonwealth of Pennsylvania.

Section 3: Prohibited Activity.

No person, owner, agent or contractor shall install, initiate any work, or allow the installation or initiation of any work toward the installation, modification or improvement of a driveway or private street, or affecting the storm water flow or discharge within the right-of-way of any Township Road without first obtaining a permit from the Township and without complying with the requirements and standards for driveway and private street connections as set forth in this Ordinance.

Section 4: Permit Application

To obtain a Road Occupancy Permit, the owner or authorized agent of the owner shall file with the Township an application on a form supplied by the Township. The application shall include a diagram and plan showing the location of the driveway or private street in relation to the Township road and lands on which the access is to be provided, other roads (public or private), driveways, and property boundaries in the vicinity of the driveway or private street for which a permit application is being submitted. The application shall include information about the course, grade, structure, materials and drainage facilities, if any, involved in the construction of the driveway or private street.

Section 5: Fees

Permit Fee. There shall be due and payable to the Township at the time an application is submitted, a fee in the amount established, from time to time, by Resolution of the Township Board of Supervisors.

Additional Fees. If, in the opinion of the Roadmaster, the Township Engineer must be consulted in conjunction with the review of an application or during the course of construction, or to review any alleged violation of this Ordinance or the permit issued for the subject construction, any costs incurred by the Township as a result thereof will be the responsibility of the applicant.

Section 6: Issuance of Permits.

The Roadmaster shall review each application to determine if the proposed method of constructing, modifying or improving the driveway or private street connection, as reflected on the application, is such that it will (1) meet the requirements of this Ordinance, (2) mitigate the adverse effect of storm water run-off resulting from the scope of work to be performed, (3) not cause damage to the Township road being connected to, and (4) not create or increase hazardous driving conditions for those persons using the Township road being connected to.

In the course of reviewing the application, the Roadmaster may determine, from time to time, the necessity of meeting with the applicant or applicant’s authorized agent at the proposed site. Should the applicant fail to or refuse to allow such a meeting, the application may be denied.

If the driveway or private street connection is found satisfactory by the Roadmaster, he shall cause a permit to be issued.

If the plan is found deficient, or if in the opinion of the Roadmaster the plan could be improved so as to (1) mitigate the effect of storm water run-off, (2) lessen drainage to the Township road, or (3) lessen hazardous driving conditions on the Township road to which the driveway or private street is or will be connected, the Roadmaster shall notify the owner or owner’s authorized agent of the changes to be made. If a revised plan is submitted to the Township with the required changes, and is found to be acceptable, the Roadmaster shall approve and cause the permit to be issued.

A permit shall be valid for one year. If the permittee has not completed all authorized and/or required work prior to the expiration of the permit, the Roadmaster may, upon receipt of written request prior to the permit expiration, grant an extension of up to six (6) months.

For those permits that have expired, all work previously permitted must cease and a new permit must be obtained.

Section 7: Inspection

The Township Roadmaster or his designated representative may inspect the progress of the work for which a permit has been issued to determine whether work is being performed in accordance with the requirements of this Ordinance and the Permit.

Should the Roadmaster or his designated representative determine that the work is not being done in accordance with the requirements of the Ordinance or the permit, he shall notify the applicant, who shall take such action as appropriate and necessary to bring the work into compliance with these requirements.

If it is determined that, despite notice, the work continues to be performed in a manner contrary to the requirements of this Ordinance, the permit, and/or the direction of the Roadmaster, enforcement action shall be taken in accordance with this Ordinance.

When all permitted work has been completed, the applicant is to notify the Township offices and/or the Roadmaster to request a final inspection. Should the Roadmaster determine that the work does not meet all the terms and conditions of the Permit issued under this Ordinance, the applicant shall perform such additional or corrective work required by the Roadmaster.

Upon satisfactory completion of the work, the Roadmaster shall sign the permit indicating approval of the driveway or private street as constructed or reconstructed.

Section 8: Design Standards

All driveways and private streets and related improvements shall be located and constructed in such a manner as to not impair drainage or normal maintenance within the Township road right-of-way, alter the stability, sub grade or embankment of a Township roadway, change the drainage of adjacent areas, or interfere with the traveling public.

Repairs to a driveway or private street or access thereof, drains, culverts, or swales shall be performed in such a manner that the repairs shall not change the original design or existing conditions unless a new design and specifications are submitted and approved.

Driveway and private street entrances shall be located so as to provide safe access to the intersecting Township Road. To accomplish this, PA Code 67, Chapter 441 Access to and Occupancy of Highway by Driveways and Local Roads, as may be amended from time to time, shall be used as a guide and the requirements therein shall be followed as closely as reasonably possible, subject to review of the Township Roadmaster.

Grades shall not exceed eight (8%) within the Township road right-of-way, or within ten (10) feet of outside edge of the Township road shoulder or existing drainage ditch, whichever is greater. In instances where the remaining grade is greater than 14%, the Roadmaster may, at his discretion, increase the distance required to meet the eight (8%) slope requirement.

Not more than one (1) driveway entrance shall be permitted for properties having up to four hundred (400) contiguous feet of Township road frontage. For properties with more than four hundred (400) contiguous feet of Township road frontage, two (2) entrances may be considered, provided both entrances can satisfy the requirements of this ordinance.

Not more than two (2) commercial driveway entrances shall be permitted for nonresidential or multifamily properties.

Driveway entrances serving one single family residence shall be rounded at a minimum radius of five (5) feet and a maximum radius of twenty (20) feet, and shall have a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet.

Commercial driveway entrances shall be rounded at a minimum radius of twenty (20) feet and a maximum radius of fifty (50) feet, and shall have a minimum width of twenty (20) feet and a maximum width of thirty (30) feet.

Driveways and private streets shall intersect Township roads as near as possible to ninety (90) degrees, but not less than sixty (60) degrees nor greater than one hundred twenty (120) degrees.

Township road access to any property also having a legal means of access from a private street will not be permitted. Should the physical features of the property reasonably prohibit access to the private street, a modification to this requirement may be applied for and considered in accordance with Section 9 herein.

No driveway or private street shall be located closer than ten (10) feet to a property line.

A driveway shall not be used as a means of conveying storm water run-off away from the physical improvements on the property. Storm water run-off shall be directed to stable, channel or other natural outfall.

For all properties proposing improvements that also fall under the jurisdiction of the Dingman Township Subdivision & Land Development Ordinance, the requirements of both ordinances must apply. In instances where a conflict in regulations exists, the more stringent will apply.

A construction access consisting of, at a minimum, sub-base material adequate to allow the safe access of earthmoving and construction vehicles onto the property and prevent damage to the public roadway, drainage ditches, etc. must be installed, extending a minimum of forty (40) feet from the shoulder of the Public Street and onto the property. Said access shall be installed in the same location stipulated on the permit.

Culvert Pipes.

i. Pipes under driveways and private streets shall be sized based upon a ten-year storm event, but shall not be less than fifteen(15) inches in diameter in any case.

ii. The pipe shall be of sufficient strength to withstand the proposed vehicle loads the driveway or private street will be accommodating.

iii. The pipe shall be located a minimum of ten (10) feet from the edge of the shoulder of the Township road or five (5) feet from the edge of the Township road right-of-way, whichever is greater.

iv. The pipe shall be laid on a slope to drain, generally conforming to the slope of the ditch. Side slopes shall be no steeper than 2:1.

v. The pipe shall be protected by a one (1) foot minimum cover of material from the top of the pipe to the top of the driveway or private street surface.

vi. Special pipe end treatments may be required by the Township to suit specific field conditions.

vii. Where headwalls are used, the top of the concrete shall be a minimum of six (6) inches below the top of the driveway or private street.

viii. In the event that an existing cross-pipe is located within the driveway or private street location, applicant shall ensure unimpeded flow to said cross-pipe.

No increase in stormwater runoff (for the 10-year storm event) shall be permitted to discharge to the Township Right-of-Way or adjacent properties. A stormwater report satisfying the requirements of the Dingman Township Subdivision & Land Development Ordinance may be required by the Roadmaster.

Driveways requiring earth disturbance shall apply and receive approval from the Pike County Conservation District prior to initiation of any work.

Section 9: Modification of Conditions.

When a term or conditions of this Ordinance cannot be met, an applicant or permittee may request, in writing, that the Township modify that term or condition. If it is not required by other law or regulation, the Township Board of Supervisors may allow a modification under the following circumstances and conditions:

The proposed modification represents the minimum feasible deviation from the standard or condition to be modified.

The requested modification is necessary to avoid hardship, which is not merely an economic hardship.

No traffic or safety issues will be created or compounded.

No additional or undue burden of any nature will be placed on the Township in the approval of the requested modification.

When deemed appropriate, the property owner executes an indemnity agreement satisfactory to the Township and it’s Solicitor.

Section 9a: Maintenance.

All property owners shall be responsible for the long-term maintenance of driveways and related drainage or storm water management plan on their real property or on property used by them for access. In the event that excess storm water runoff or sediment is diverted onto public roads, or it is determined that installed storm water facilities are not functioning as designed or require maintenance or replacement, or a driveway or related facility otherwise causes or is likely to cause damage to any Township road then the Township reserves the right, after written notice to the property owner, to require the owner to make repairs, to make the repair at the owner's expense or to contract with a third party at owner's expense to perform the needed repairs. All property owners shall be responsible for any and all costs for maintenance to public roadways resulting from water runoff caused by improperly maintained driveway pipes, culverts or other drainage facilities.

Section 10: Remedies for Violation.

Violation of this Ordinance or the Permit requirements may result in any one or more of the following actions:

The Township may order the Permittee to cease any further work in the permitted area except to restore the area to a safe condition. No further work may commence in the permitted area until the violations have been remedied and reimbursement of Professional costs incurred by the Township as a result of the violation has been received by the Township.

The Township may revoke the permit

The Township may order the removal of the facilities installed without a permit or in violation of the provisions of this Ordinance.

The Township may initiate a proceeding before the District Justice or in a court of law to recover penalties as provided in this Ordinance.

The Township may initiate a civil action in a court of law to abate the violation.

The Township may initiate an action to recover penalties imposed by the Ordinance and to collect amounts due including an action to execute on a judgment or to file a municipal lien for the amounts due.

Section 11: Penalty.

Penalty. Any person who violates or permits the violation of this Ordinance shall, upon being found liable therefore in a civil enforcement proceeding, pay such fine as shall be established in accordance with this Ordinance or the court, not to exceed $600.00, together with all court costs including reasonable attorneys fees, incurred by the Township. Each day a violation shall continue shall constitute a separate violation except for periods of time allowed by the Township for correction or elimination of the violation. No judgment shall be imposed until the date of the determination of a violation by the district justice or court.

Assessment of Penalty. The civil penalty for violations shall be assessed by the Roadmaster in accordance with the following schedule:

First Violation ……………….…….… $200.00

Second Violation ……………….….… $400.00

Third & subsequent violations ………. $600.00

Section 12: Repealer.

All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Section 13: Severability.

Should any section, part or provision of this Ordinance be declared by appropriate authority to be unlawful or unconstitutional, all other terms, conditions, provisions and parts hereof, and of any Code of which this Ordinance may be or may be considered to be part, shall continue in full force and effect as if the provision declared to be unlawful or unconstitutional had been omitted as of the date of final enactment hereof.

 

 

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