Chapter 38
§ 38-1.
Findings and purpose.
§ 38-6.
Approaches to access driveways.
§ 38-2.
Definition of terms.
§ 38-7.
Standards and specifications.
§ 38-3.
Applicability; approval required.
§ 38-8.
§ 38-4.
Location, design and
§ 38-9.
§ 38-10.
Violations and penalties.
§ 38-5.
Number aQ.d arrangement of
access driveways.

[HISTORY: Adopted by the Borough Council of the Borough of Callery 2-4-1982 by Ord. No. 74. Amendments noted where applicable.]

Building construction -See Ch. 31. Zoning -See Ch. 93. Streets and sidewalks -See Ch. 73.

§ 38-1. Findings and purpose.

The Secretary of Highways finds that it is in the public interest to regulate the design, location, and construction of access driveways in such a manner so as to facilitate the safe and unobstructed movement of vehicular traffic on Borough streets.

§ 38-2. Definition of terms.

The following words and phrases when used in these regulations shall, for the purpose of these regulations, have the following meanings, respectively, except in those instances where the context clearly indicates a different meaning:

ACCESS -Any means for passage of vehicles between property abutting on a Borough street and the                           highway. It shall be deemed to include only that part of the driveway that lies within the                                      established right-of-way limits of the Borough street. It will also include such drainage structures                    as may be necessary for the proper construction and maintenance thereof.

CORNER CLEARANCE -The distance, at an intersection of two highways, between the near edge of the                                               access driveway approach and the point of intersection of the pavement edges or                                              the curb line extended.

INTERMEDIATE ISLAND -That section of the roadway right-of-way between the pavement edge or curb and                                               the property line, which occurs between driveways.

PAVEMENT EDGE -The edge of the main traveled portion of any street or highway, exclusive of shoulder or                                     benne

PERMANENT TYPE CONSTRUCTION -Plain or reinforced concrete, bituminous concrete or macadam of                                                                           required thickness.

PERSON -Any natural person, firm, copartnership, association or corporation.

PROPERTY LINE CLEARANCE -The distance measured along the pavement edge or curb between the                                                                 property frontage boundary line and the near edge of the driveway.

PUBLIC ALLEY -Any public way generally not less than eight feet or more than 20 feet in width, located                                       within a municipality, which affords access to the side or rear of buildings in such block.

RADIUS CURB -That section of curb forming an arc beginning at the end of driveway and continuing to                                       throat of driveway.

RURAL AREA -An area where roadways have been built to typical rural highway standards without                                           sidewalks and curbs.

SETBACK -The lateral distance between the right-of-way line and the roadside business building, liquid                          fuel pump island, display stand or other object, the use of which will result in space for vehicles                     to stop or park between such facilities and the right-of-way line.

SHOULDER LINE -The intersection of the shoulder slope with the side slope or ditch slope.

SIDEWALKS -A pennanent hard paved walkway, continuous for a reasonable distance and integral part of                            the highway development, solely for use of pedestrians.

STABILIZED MATERIAL -Any aggregate such as gravel, stone, slag, or mixtures of such aggregates with                                                  soil, placed in such a manner as to provide a smooth, stable, allweather surface                                                 not subject to undue raveling.

STREET, BOROUGH -All road and highways owned by the Borough.

URBAN AREA -An area where the roadways have been built to typical city street standards, including                                         sidewalks and curbs.

VEHICLE -Any device in, upon or by which any person or property is or may be transported or drawn upon a                    public highway.

§ 38-3. Applicability; approval required.

A. These regulations shall apply to all access driveways that enter Borough streets, including driveways          entering state highways within the corporate limits of the Borough.

B. Any person desiring to construct or layout such driveway shall notify the Borough for approval of the                location, design and mode of construction of such driveway, and for permission to proceed. The                   construction or layout of a proposed driveway will not be started prior to receipt of a written permit                   approving the location, design and mode of construction thereof, signed by either the Secretary or the            President of Council.

§ 38-4. Location, design and construction.

A. All driveways shall be located, designed and constructed in such a manner as not to interfere or be               inconsistent with the design, maintenance and drainage of the Borough streets.

B. Access driveways should be located in such manner that they will not cause the following: interference         to the traveling public; a hazard to the free movement of nonnal highway traffic; or areas of undue traffic         congestion on the highway. In accordance with this principle, the driveways should be located where the      highway alignment and profile are favorable; i.e., where there are no sharp curves, or steep grades, and    where sight distance in conjunction with the driveway access would be adequate for safe traffic                      operation.

C. Access driveways should not be located at interchanges, ramp areas, or locations that would interfere       with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices       that affect traffic control. The location of a driveway near a signalized intersection that has an actuated          traffic signal may include a requirement that the permittee provide (without expense to the Borough)               additional detectors for the control of traffic movement from his establishment or for relocation of existing     detectors.

D. Where highway curbs exist, driveway approaches shall be installed 1V2 inches above the adjacent                highway or gutter grade to maintain the proper drainage.

§ 38-5. Number and arrangement of access driveways.

The permissible number, arrangement and width of driveways shall be governed in part by the highway frontage of abutting private property. The number of driveway permitted shall be the minimum number required to serve adequately the needs of the abutting property. Frontages of 50 feet or less shall be limited to one driveway. Nonnally not more than two driveways need to be provided to any single property tract or business establishment. Exception may be made where the frontage exceeds 300 feet in length or where the frontage is along a divided highway. In such instances requests for additional driveways shall require prior approval from the Borough Council.

§ 38-6. Approaches to access driveways.

A. The location and angle of an access driveway approach in relation to the highway intersection shall be         such that a vehicle entering the driveway may do so in an orderly and safe manner and with a minimum      of interference to through highway traffic; and leaving the driveway may enter safely into the lane of traffic      moving in the desired direction.

B. Where the access driveway approach and highway pavement meet, flaring of the approach may be               necessary to allow safe, easy turning of the vehicle when entering or departing from the driveway.

C. No part of any access driveway shall be constructed outside of the applicant's frontage.

D. Each roadside business establishment shall provide sufficient parking or storage space off the right-of-      way to prevent the storage of vehicles on the driveway or the backing up of traffic on the traveled roadway.

E. No part of the highway light-of-way shall be used for servicing of vehicles, displays or conducting a               private business. The area between the edge of the pavement and the rightof-way line shall be kept             clear of all buildings, sales exhibits, business signs, parking areas, service equipment, etc.

F. Improvements on private property adjacent to the right-of-way shall be so located that parking, stopping      and maneuvering of vehicles on the right-of-way will not be necessary in order for vehicles or patrons to      be served properly. For example, liquid fuel pump islands installed in service stations adjacent to the           highway shall be located not less than 12 feet outside of the right-of-way line, when a driveway is                   established and the permit is issued. This subsection is not intended to imply that should the Borough       street be widened at a later date that the fuel pumps have to be moved back in order to comply with the        twelve foot minimum distance from the right-of-way line. However, a greater distance is recommended to    provide sufficient space for large vehicles.

§ 38-7. Standards and specifications.

A. Access driveways relative to limited access right-of-way. No access driveway shall be located within 30        feet of the terminus of a limited access highway or within 30 feet of a limited access highway right-of-           way line measured along the pavement edge.

B. Angle of access driveway approach.
(1) Control dimensions.
     (a)  Single driveway -As near 90° as site conditions permit.
     (b) Two driveways:
        [1] Two-way operation: As near 90° as site conditions permit.
        [2] One-way operation: 45° minimum.

(2)  Single access driveway approaches shall be positioned at right angles (90°) to the highway or as near      thereto as site conditions permit. When two access driveways are constructed on the same property             frontage and used for one way operation, each of these driveways may be placed at an angle less than       a right angle, but not less than 45° to the highway, except that along divided highways where no                      openings are allowed in the median the minimum angle may be 30°.
C. Comer clearance.
           (1) Control dimensions.
                  (a) Rural: 30 feet minimum.
                  (b)  Urban: 20 feet minimum.
           (2) Comer clearance shall be a minimum of 30 feet in rural areas and 20 feet in urban areas. These                  dimensions must include pavement edge distance of 10 feet in rural areas and five feet in urban                     areas.

D. Property line clearance. No access driveway shall be located within 10 feet in rural areas, or within five          feet in urban areas, of the property frontage boundary line, except in those cases where an access                driveway is common to two adjacent properties.

E. Intermediate island between multiple driveways.
     (1) Control dimensions.
           (a) Rural: 20 feet minimum.
            (b) Urban: 15 feet minimun.

(2)  An intennediate island shall separate all multiple driveways opening upon the same highway. The               island area shall extend from the shoulder line, ditch line or curbline to the right-of-way line. The                    minimum length for an intennediate island measured along the right-of-way line shall be 10 feet. The            minimum length measured along the shoulder line, ditch line, or curbline shall be 20 feet in rural areas       or 15 feet in urban areas.

(3) The intermediate island area shall be clearly defined. Intermediate islands of 20 feet or less measured      along the shoulder line, ditch line or curbline shall be defined by a permanent-type curb. This curb shall      be placed two feet back of the shoulder line or ditch line on uncurbed highways and shall be extended to      the right-of-way line. Additional curbing may be required at the discretion of the Borough Council.

F. Radius curb.
(1) Control dimensions. The maximum and minimum length for radius curbs shall he as follows:
            (a) Rural residential: five feet minimum, 20 feet maximum.
            (b) Rural commercial: five feet minimum, 55 feet maximum.
            (c) Urban residential: five feet minimum, 20 feet maximum.
            (d) Urban commercial: five feet minimum, 55 feet maximum.

G. Setback.
(1) Recommended control dimensions.
            (a) Fuel pump islands: 12 feet minimum outside the right-of-way line.

(2) It is recommended that all liquid fuel service stations, business establishments and other roadside             developments other than private residences shall be located a sufficient distance from the right-of-way        line as to provide ample driving area and parking off the right-of-way, prevent storage of vehicles on the        access driveways and the backing up and turning of vehicles on the highway pavement.

H. Width of access driveway approaches.

(1) Control dimensions.
            (a) Residential: 10 feet minimum, 20 feet maximum.

            (b) Commercial: 15 feet minimum, 35 feet maximum.

(2) The width of access driveways shall not exceed the above dimensions when measured at right angles        to the center line of driveway. Where a commercial access driveway approach and the highway                      pavement meet, flaring of the driveway shall be required to allow safe and easy turning of the vehicle           either into or out of a commercial development. Service station driveways shall not have a flared width           greater than 65 feet.

1. Curb.
(1) All curb must be of a permanent type.
(2)  In urban or fl:lral areas where no curb exists one of the following types of curb may be used:
            (a) Eight-inch high vertical face curb.
            (b) Six-inch high (sloped face) curb.

(3) In urban or rural areas where curb exists, the existing type of curb shall be matched. The line and grade       of the existing curb shall be maintained.

(4) Where the property abutting highway right-of-way will he used for parking area the Borough may require       curb to be placed along the right-of-way line. This curb will be required to confine the traffic movement          to the access driveway and to prohibit encroachment upon sidewalks or shoulder area.

l. Sight distance.
           (1)  Access driveways shall be located at a point of optimum sight distance along the highway within                   the property frontage limits. The profile of the driveway and the grading of the right-of-way area                      shall provide a maximum sight distance so that the operator of a vehicle departing from such a                       driveway will have optimum visibility in either direction along the highway.

         (2) Where adequate sight distances cannot be attained, the location of the driveway will be at the                         discretion of the Borough Council.
K. Slope of access driveway.
         (1) All driveways shall be constructed in such a manner as not to impair drainage within the highway              right-of-way, alter the stability of the roadway subgrade or materially change the drainage of adjacent               areas. Where open shoulders or berms exist the grade of a paved access driveway shall slope                      away from the highway pavement at the same rate as the existing shoulder (unless advised to the              contrary by the Borough Council) for the prevailing width of the shoulder. The gradient of a driveway                  beyond this point (within the highway right-of-way) shall be not less than 1/2 inch per foot.

         (2)  Driveway ramps may extend from the face of the curb up to the outer edge of the sidewalk area in                  those cases where a planted area occurs between multiple driveways. The rate of slope for such                    driveway ramps preferably should not exceed one inch per foot. Where conditions are such that                        the one inch per foot slope is not obtainable the sidewalk area of the driveway may be lowered                           sufficiently to obtain the allowable ramp slope and the sidewalk may be warped up to meet the                          normal sidewalk  grade, at a rate of slope not to exceed 3/8 inch per foot.

(3) Where a drainage ditch or swale exists, adequate pipe shall be installed under the driveway (by the                pennittee) in accordance with PDH specifications. Minimum diameter of such drainage pipe shall be 12         inches unless otherwise specified by the District Engineer. Under no circumstances shall the diameter of       such drainage pipe be less than 12 inches.

L. Access driveway pavement. Access driveways shall be appropriately surfaced between the traveled road      and the business or service area with a stabilized material or a higher material when specified by the               Borough Council concerned. Along paved highways access driveways shall be paved.

M. Deceleration and acceleration lanes.
         (1) The shoulder or berm area leading to the entrance driveway of a business establishment or other                     roadside developments in rural areas may be paved for a suitable distance, to pennit vehicles to                   decelerate or accelerate in safety when entering or leaving the property. Such paving shall be limited               to the area in front of the abutting property and shall be done by the property owner, at his expense,                  in  accordance with Borough specifications.

(2) Special attention will be given to pennit requests for the construction of access driveways to large                    business establishments, shopping centers, outdoor theaters, etc., particularly when the volume of traffic      generated may necessitate acceleration and deceleration lanes, standby lanes, "jughandles,"                         channelization, etc. In all such cases, the pennittee will be advised that costs incident to the construction       of such additional roadway improvements shall be at no expense to the Borough of Callery. Such work            shall be constructed under the supervision and inspection of the Borough.

N. Removal of median divisors.

(1) It is the policy of the Borough of Callery to refuse requests for pennits to remove median divisors along         divided highways except in special cases considered to be in the best interest of the public in general,           such as a public highway crossing or the construction of a fire or police station adjacent to the divided            highway. Requests for the removal of median divisors at schools, public buildings, business                              establishments, etc., shall not be considered as an exception to this general policy. Particular attention is     directed to those individuals who plan to locate a business along a divided highway. They should not              anticipate the cutting of a median divisor in order for them to tap the business potential of traffic traveling in     the opposite direction.

(2)  Concrete divisors, asphalt divisors and/or earth divisors or separations are included in the above.

§ 38-8. Maintenance.

All driveways, adjacent areas and areas between such driveways including channelization, paving, drainage, etc., installed by the pennittee shall be maintained by the property owner in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the state highway, or the safe and convenient passage of traffic upon the Borough streets. The term "adjacent area" shall apply only to that area within the permittee's property or property line extended.

§ 38-9. Inspection.

A. Work authorized by a driveway permit for construction of an access driveway shall be perfonned at such         time and in such a manner as to conform to all requirements and standards specified therein. Such work     will be inspected by a representative of the Borough Council immediately upon receipt of the completion         notice from the permittee or at date of expiration of the permit.

B. If an inspection of the work discloses that it is not being or has not been properly performed, the                      pennittee will be notified, in writing, by the Borough Council to take immediate steps, at his own expense,      toward placing the work in such condition as to conform to said requirements and standards. Proper               distribution of the completion report shall be made immediately following the inspection.

§ 38-10. Violations and penalties.

Any person violating these regulations or standards shall be subject to the penalties imposed by Pennsylvania statutes. (See Section 411 and Section 420 of the Highway Law of June 1, 1945,
P.L. 1242.)1
Editor's Note: See 36 P.S. § 670-411 and 36 P.S. § 670-420, respectively.