Chapter 12.10


12.10.010    Permit required – Fee.

12.10.020    Standards.

12.10.030    Manager may order changes.

12.10.040    Borough may make changes.

12.10.050    Costs charged to property owner – Lien.

12.10.010 Permit required – Fee.

No person may construct, reconstruct, or change a driveway located in a right-of-way within the townsite service area without having first obtained a land use permit from the borough. All such work shall be done in accordance with plans, specifications, and standards approved by the manager. The requirement for a borough driveway permit shall not eliminate the requirement for any other applicable permit. A person constructing a driveway accessing a state-maintained road must obtain a state DOT driveway permit.

12.10.020 Standards.

All site entrance and exit driveways shall be located to afford maximum safety to traffic, provide for safe and convenient ingress and egress to and from the site, and minimize conflict with the flow of traffic. All driveways must meet the public works department and state Department of Transportation and Public Facilities standards as well as the following:

A. Corner Clearance. The minimum distance between the nearest edge of driveway and the nearest intersecting public roadway curb face, or, for uncurbed roadways, the nearest edge of traveled way shall be 40 feet.

B. Arrangement. Lots with frontages of 50 feet or less shall be limited to one driveway per frontage. Lots with frontages in excess of 50 feet shall be limited to two driveways, except where a single ownership frontage exceeds 300 feet.

C. Driveway Angle. Driveways used for two-way operation shall intersect the road at an angle as near to 90 degrees as site conditions will permit and in no case less than 60 degrees.

12.10.030 Manager may order changes.

When the manager determines that a driveway within or abutting the right-of-way, or its use, creates a hazard to users of the right-of-way, or that it limits or will limit the flow of surface water within the right-of-way, or that it does not meet the driveway standards of the borough, or that it is not in compliance with a permit issued for that driveway, the manager may order the owner of the property from which a driveway emerges to make necessary changes. A notice and order sent by certified mail to the owner of record as shown on the tax rolls of the borough shall be sufficient. The owner of the property shall comply with the written order to make changes in the driveway.

12.10.040 Borough may make changes.

A. At the direction of the manager, the borough may make necessary changes to driveways in the right-of-way when:

1. The owner has failed to make necessary changes within 30 days of the date of the mailing of an order by the manager to the owner to make necessary changes, except that the manager may specify a greater period than 30 days to make necessary changes;

2. The borough is installing or improving a drainage system in an area and work must be done in a driveway to accomplish an adequate drainage system; or

3. The manager finds that a driveway is causing or aggravating a severe drainage problem.

B. The manager may find that a driveway is causing or aggravating a severe drainage problem whenever:

1. A drainage in the public right-of-way is blocked by a driveway or is severely enough restricted by a driveway that surface water drainage is or will back up to a level above any existing culverts in the driveway;

2. Surface water drainage has overflowed or will overflow the existing drainage ditch because of the lack of a driveway culvert or because of the size or location of an existing culvert; or

3. A driveway is a material cause of the erosion of part of a public road.

12.10.050 Costs charged to property owner – Lien.

The owner of the abutting property from which the driveway emerges in which the borough makes changes or improvements under this chapter shall be liable for all costs and expenses incurred by the borough in accomplishing the necessary work in the driveway, but the borough may pay the portion of costs and expenses authorized by the assembly. The costs and expenses that are charged to an abutting property owner shall be a lien on the abutting property. Such lien shall be superior to all other liens except those for ad valorem taxes and local improvement district assessments and shall be enforceable in the same manner as liens for real property taxes.