[HISTORY: Adopted by the Township Committee of the Township of Franklin 12-30-1985
as Ord. No. 85-6. Section 67-15B amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Franklin Township
Driveway Ordinance of 1985."
The purpose of this chapter is to assure the proper installation and
alteration of all private driveways in the Township of Franklin, to minimize
erosion and flow of soil and debris from driveways and surrounding lands onto
public roadways and adjoining safety problems on public roadways, to conserve
the general value of property within the Township and to minimize efforts
to assure the public and service vehicles the right to safe and comfortable
use of public roadways and private driveways.
As used in this chapter, the following terms shall have the meanings
indicated:
That use of lands and premises as defined under the Farmland Assessment
Act of 1964 (N.J.S.A. 54:4-23.1), as provided under N.J.S.A. 54:4-23.1 and
54:4-23.4, irregardless of acreage for compliance.
A driveway is altered within the meaning of this chapter when it
is paved, widened, narrowed, relocated or when its grade is changed or when
it is modified in any way that alters the prior existing drainage from said
driveway onto a public right-of-way. Normal maintenance, such as replacing
stone or patching asphalt, shall not be considered as "altering a driveway."
One providing access to an office, retail or institutional building
or to an apartment building having more than five dwelling units or any other
use classified as commercial or institutional in the Franklin Township Land
Use Ordinance,[1] but not by way of limitation thereof. Industrial plant driveways
whose principal function is to serve administrative or employee parking lots
are considered "commercial driveways."
In addition to its regularly accepted common meaning, also refers to any lane, way, field entrance or privately owned road, except as hereinafter exempted in § 67-4.
One directly serving substantial numbers of truck movements to and
from loading areas of an industrial facility, warehouse or truck terminal.
A construction plot plan prepared by a licensed professional engineer
in the State of New Jersey; or prepared by the owner containing sufficient
detail and determined to be acceptable by the Township Engineer that complies
fully with all provisions of this chapter.
[Amended 2-10-2003 by Ord. No. 2003-4]
One providing access to a single- or multifamily residence or to
an apartment building containing five or fewer multifamily residences or to
an apartment building containing five or fewer dwelling units.
The portion of a public road right-of-way on which travel is conducted.
The New Jersey State Department of Transportation Specifications
for Road and Bridge Construction, 1989, and amendments thereto.
[Amended 2-10-2003 by Ord. No. 2003-4]
All lands and premises used for agricultural and horticultural purposes and served by a driveway solely for access to fields and woods for said agricultural or horticultural purposes and not for residential or commercial uses in conjunction therewith are hereby deemed exempt from the provisions of this chapter, with the exception of the provisions of § 67-11B and C.
[Amended 2-10-2003 by Ord. No. 2003-4]
A.
No person or persons, corporation or corporations, industry
or commercial establishment shall cut or construct or alter any driveway from
private property to a Township road without first having secured a permit
from the Franklin Township Engineer. The application for such permit shall
include a plot plan or sketch (minimum scale at one inch = 50 feet), submitted
in triplicate, including the location of the proposed driveway. The plot plan
or sketch shall include the following:
(1)
The name and address of the owner and applicant, Tax
Map sheet, block and lot number.
(2)
Property lines.
(3)
Setback and location of structures.
(4)
Curb, if any.
(5)
Utility installments affecting the driveway.
(6)
Sidewalk, if any.
(7)
Trees and other obstructions within proposed sight triangles
for a minimum distance of 200 feet in each direction of the proposed driveway
location.
(8)
Advisory, directional, regulatory and advertising signs
within sight triangles.
(9)
Location of existing driveways on the lot in question
and adjoining lots.
(10)
Driveway width, slope and proposed driveway cross section.
Additional information may be required for driveways in excess of 12% slope.
(11)
Driveway angle.
(12)
Curbline opening.
(13)
For other than single-family residential, the estimated
number of cars and trucks using the driveway each day.
(14)
Type of storm drainage to be constructed at the driveway
entrance to the public road (i.e., dish-type gutter, pipe or culvert). Sizes
of pipes, culverts and gutters, grades, elevations, typical cross sections,
construction details and any other information deemed necessary to the proper
analysis of the installation may also be shown.
B.
The Township Engineer may require that additional information,
such as a driveway plan and profile and a drainage plan, be prepared by a
professional engineer licensed in the State of New Jersey in those instances
where the Township Engineer has determined that conditions are such that the
driveway design and drainage plan will require the application of engineering
expertise.
C.
Upon receipt of an application, together with said drawings,
the Township Engineer shall inspect and study the site of the proposed driveway,
lane or other entrance, and in the event that, in his opinion, there are changes
or additions to be made in order to comply with the requirements of this chapter,
they shall be so stated and outlined on the application and drawings and be
made known to the applicant by the Township Engineer.
D.
If a driveway existed at the date of the adoption of
this chapter and the owner proposes to alter the same, then the owner shall
file an application with the Township Engineer on forms provided for existing
driveway improvement. The Township Engineer shall inspect the premises and
review the application as to the proposed improvement, and if it is his determination
that the proposed improvement complies with the standards of this chapter,
then in that event the Township Engineer shall issue a permit to said applicant.
If the determination is that the proposed improvement of the driveway does
not comply with the standards of this chapter, then the applicant will receive
written notice to comply with the remaining provisions of the chapter.
E.
The Building Construction Officer shall not issue a building
permit until an approved driveway permit has been issued.
[Amended 1-25-1988 by Ord. No. 88-3; 2-10-2003
by Ord. No. 2003-4; 11-3-2002 by Ord.
No. 2003-18]
There shall be submitted with an application for a driveway permit the
following nonrefundable fees, payable to the Township of Franklin:
A.
Permit application fee: $25.
B.
Driveways up to 4% slope and 100 feet in length, engineering
review and inspection escrow fee: $200.
C.
Driveways over 4% slope and 100 feet in length, engineering
review and inspection escrow fee: $250.
D.
Where driveway slopes exceed 12%, an additional fee of
$300 shall be deposited with the application to defer the costs associated
with review of the increased complexities of design and construction.
E.
Where the review and inspection costs exceed, or are
anticipated to exceed, the initial escrow deposit, the applicant shall pay
the additional amount prior to the issuance of a certificate of approval (CA)
[Amended 2-10-2003 by Ord. No. 2003-4]
All entrance and exit driveways to a Township road shall be located to afford maximum safety to traffic on said Township road in accordance with the following requirements and standard specifications as defined in § 67-3 and the New Jersey State Department of Transportation Specifications for Road and Bridge Construction, 1989, and amendments thereto.
A.
Driveways shall be not less than 75 feet from any street
intersection.
B.
No part of any driveway shall be located within a minimum
of 10 feet of a side property line unless one driveway serves two lots.
C.
Where two or more driveways connect a single site to
any one Township road, a minimum clear distance of 150 feet measured along
the right-of-way line shall separate the closest of any two such drives.
D.
Driveways shall be so designed as to allow motor vehicles
to turn around on the site in order to make it unnecessary to back any motor
vehicle onto the street.
E.
Whenever possible, all driveways shall be designed in
profile, grade, and location to permit a minimum sight distance in accordance
with the following table. Roads which are not posted for speed limits shall
be considered to be 50 mph, unless, in the opinion of the Township Engineer,
the applicant's engineer can demonstrate in writing that the horizontal
geometric considerations, or location, dictate otherwise. The sight distance
measurement shall be from a sight point four feet above the ground on the
center line of the driveway and 10 feet behind the curbline of the thoroughfare,
and if no curbline exists, a minimum of 10 feet from the edge of the road.
A clear sight triangle shall be established connecting the sight points described
above, and shall be graded and otherwise kept free of trees, shrubbery, fences,
structures, etc., in order to maintain clear vision between sight points.
All driveways, including exit or entrance driveways, shall be located to afford
maximum safety to the traffic on the Township road.
[Added 2-10-2003 by Ord. No. 2003-4]
|
Allowable Speed on Township Road
(mph)
|
Required Sight Distance
(feet)
| |
|---|---|---|
|
25
|
240
| |
|
30
|
275
| |
|
35
|
315
| |
|
40
|
350
| |
|
45
|
420
| |
|
50
|
475
|
|
NOTE: In no instance shall the sight distance be less than 200 feet.
|
(1)
All applicants shall take the required action to obtain
the required sight distance immediately after receipt of initial driveway
permit approval and during the commencement of the drives construction. In
no instance will a temporary or a permanent certificate of approval be granted
until the required sight distance on the approved plan appears different than
that in the field, the engineer may require a statement by the applicant's
engineer on the engineer's letterhead attesting that the required sight
distance has been met.
(2)
Any and all actions taken to obtain the required minimum
sight distance shall be done in a lasting and permanent manner.
(3)
Any trees shall be removed within the sight triangle.
All driveways to be constructed or existing driveways to be altered
which intersect with the right-of-way line of any existing or future public
road shall be constructed or altered in accordance with the following minimum
requirements:
A.
Within the right-of-way limits, the finished grade of
the driveway shall be no greater than 6%.
B.
In instances where the driveway to be constructed or
altered intersects a roadway with a shoulder, the driveway grade shall be
the grade of the shoulder.
C.
The driveway shall slope upward or downward from the
gutter line on a straight slope of a maximum of 6% at least 20 feet long for
residential driveways and 40 feet long for commercial and industrial driveways,
unless otherwise specified by the Township Engineer.
[Amended 2-10-2003 by Ord. No. 2003-4]
D.
At no point shall the finished grade of the driveway
be greater than 15%.
[Added 4-30-1990 by Ord. No. 90-5]
A.
Two-way operation. All driveways constructed or altered
between the driveway center line and the near edge of the roadway shall be
90°. Any curved or angular approach of the driveway for aesthetic or topographical
reasons shall be accomplished outside of the public road right-of-way or a
right-of-way 50 feet in total width, whichever is wider.
B.
One-way operation.
(1)
Right turn only. Driveways shall not form an angle smaller
than 45° with a street unless acceleration and deceleration lanes are
provided.
(2)
Both left- and right-hand turn. Driveways shall intersect
the street at an angle as near 90° as site conditions allow and in no
case less than 75°.
[Amended 2-10-2003 by Ord. No. 2003-4]
C.
Commercial and industrial driveways. Industrial driveways
shall be designed for their particular situation, using turning templates
to test truck movements to and from both directions of travel. Flat angles
and one-way drives should be utilized whenever feasible to facilitate the
movement of trucks on and off traveled ways without impeding through traffic.
Driveway exits for one-way operation shall be at an angle not less than 30°.
D.
All curves along the course of any driveway of over 100
feet in length to be constructed or altered shall have radii of sufficient
length to allow standard fire-fighting vehicles to negotiate the driveway
without difficulty. For the purpose of this determination, the American Association
of State Highway Officials SU design vehicle shall be used for design purposes.
[Added 4-30-1990 by Ord. No. 90-5;
amended 2-10-2003 by Ord. No. 2003-4]
E.
Driveways of 400 feet or more in length shall have facilities
suitable for fire engine turnaround consisting of the following:
[Added 2-10-2003 by Ord. No. 2003-4]
[Amended 2-10-2003 by Ord. No. 2003-4]
Driveways shall be designed to accommodate adequately the volume and
normal character of vehicles anticipated to be traveling the driveway. The
required maximum and minimum dimensions for driveways are indicated in the
following table. Driveways serving large volumes of daily traffic or industrial
driveways as defined herein (traffic over 25% of which is truck traffic) shall
be required to use the maximum dimensions in as shown on such table.
|
DRIVEWAY DIMENSIONS
| ||||
|---|---|---|---|---|
|
Type of Driveway
|
Driveway Width
(feet)
|
Depressed Curb
(feet)
|
Curb Return Radius
(feet)
| |
|
Residential
| ||||
|
One-way operation
|
10-15
|
16-21
|
5-15
| |
|
Two-way operation
|
10-16
|
16-21
|
5-15
| |
|
Commercial
| ||||
|
One-way operation
|
10-15
|
16-21
|
15-40
| |
|
Two-way operation
|
24-30
|
30-36
|
15-40
| |
|
Industrial
| ||||
|
One-way operation
|
12-24
|
18-30
|
25-50
| |
|
Two-way operation
|
24-30
|
30-36
|
25-50
| |
A.
All driveways shall be constructed and maintained at
all times in such a manner as to prevent erosion of soil and debris from them
and land adjoining them. Silt and debris shall be prevented from running onto
the public roadways and adjoining property and from entering road gutters,
catch basins, inlets or drainpipes.
B.
The owner of any existing driveway which causes problems
of soil erosion or excess runoff within the public right-of-way or on adjoining
property shall, upon written notice from the Township Engineer, correct the
conditions causing said problems within 14 days of said notification. Failure
to make such corrections shall be in violation of this chapter.
[Amended 2-10-2003 by Ord. No. 2003-4]
C.
The owner of any existing driveway which causes the depositing
of soot and debris upon the roadway shall immediately remove the same therefrom,
but in any event, the same shall be removed within 24 hours of written notice
by the Township Engineer. Failure to make such corrections shall be a violation
of this chapter.
[Amended 2-10-2003 by Ord. No. 2003-4]
A.
All driveways constructed or altered within the public
road right-of-way shall be constructed in such a manner as not to interfere
with the drainage along the existing pavement or traveled way. Under no circumstance
shall the driveway be allowed to extend beyond the edge of the existing gutter
line of a public roadway and create a hump or uneven driving surface on the
pavement or traveled way or shoulder. In certain situations, as determined
by the Township Engineer, the driveway may be constructed to have a sufficient
rise above shoulder level to prevent excessive runoff from the roadway onto
adjacent property.
[Amended 2-10-2003 by Ord. No. 2003-4]
B.
The construction of a properly sized dish-type gutter
will be permitted, provided that existing water flow will not be blocked,
altered or changed in any manner.
C.
The installation of a suitable-sized reinforced concrete
pipe culvert or approved equivalent shall be required in the event that the
existing flow line or ditch cannot be crossed with a shallow dish-type gutter.
The size of the pipe or culvert required shall be subject to the approval
of the Township Engineer. No pipe or culvert shall be less than 15 inches
in diameter.
[Amended 2-10-2003 by Ord. No. 2003-4]
D.
The installation of suitable-sized cross drains shall
be required at points along the driveway as deemed necessary by the Township
Engineer in order to prevent the accumulation of large quantities of runoff
waters and effects of soil erosion on the public right-of-way or adjoining
property.
[Amended 2-10-2003 by Ord. No. 2003-4]
Driveways shall be constructed of the following materials:
A.
Residential driveways entering unpaved roads.
(1)
Six inches (compacted thickness) of one-and-one-half-inch
quarry process (blend) stone, three-fourths-inch dirty road stone or soil
aggregate Type 5, Class A, or Type 2, Class B, thoroughly rolled and compacted
at the specified width.
B.
Residential driveways entering paved roads.
(1)
Driveways with slopes less than 8% shall be constructed
with a base course six inches compacted thickness of 1 1/2 inch quarry
process (blend) or soil aggregate, Type 5, Class A, or Type 2, Class B, stone
or dense graded aggregate thoroughly rolled and compacted. The first 25 feet
from the edge of the roadway shall be paved with two inches of bituminous
concrete Type F FABC-1, Mix I-5, thoroughly compacted.
(2)
All driveway slopes in excess of 8% shall be paved with
two inches thoroughly rolled and compacted thickness of bituminous concrete
Type FABC-1, Mix I-5, over a four-inch soil aggregate Type 5, Class A, or
Type 2, Class B, stone or dense graded aggregate thoroughly rolled and compacted.
C.
Commercial driveways.
(1)
Base course: four inches (compacted thickness) of 1 1/2
inch quarry process (blend) or soil aggregate, Type 5, Class A, or Type 2,
Class B, stone or dense graded aggregate thoroughly rolled and compacted.
(2)
Base course: four inches (compacted thickness) of plant-mixed
bituminous concrete, Mix I-2, thoroughly rolled and compacted.
(3)
Surface course: two inches (compact thickness) of bituminous
concrete Type FABC-1, Mix I-5.
D.
Driveways entering curbed roads.
(1)
Curbs crossing driveways shall be constructed or reconstructed
to provide a depression with a two-inch curb height relative to the edge of
the roadway pavement. The top of the depressed curb shall be sloped down toward
the roadway to provide a one-and-one-half-inch curb face.
(2)
The total depth of concrete shall be maintained across
the depression.
(3)
Transitions from the depressed curb to the full faced
curb shall be over a maximum length of 18 inches. If an existing expansion
joint is within four feet of a new depressed concrete curb, the existing curb
shall be replaced to that control joint.
[Amended 2-10-2003 by Ord. No. 2003-4]
A.
Upon notice to the Township Engineer of the completion
of the construction of the driveway, the Township Engineer shall inspect the
same and shall determine if the driveway construction is in compliance or
noncompliance with standards specified herein. The construction of the driveway
shall not be deemed in accord with the provisions of this chapter unless and
until the Township Engineer issues a certificate of approval (CA).
B.
No certificate of occupancy shall be issued by the Building
Construction Officer unless all driveways on the lot or site have been completed
in accordance with the approved plan and a certificate of approval (CA) has
been issued. Inspection to assure compliance will be done by the Township
Engineer.
C.
If, due to inclement weather conditions, it is not feasible
in the judgment of the Township Engineer to complete the driveway, a cash
bond or certified check in the amount of 120% of the cost of the remaining
improvements as determined by the Township Engineer, but in no case less than
$1,000, may be submitted to the Township thereby allowing the Township Engineer
to release a temporary certificate of approval (TCA) which would allow the
Building Construction Officer to release a temporary certificate of occupancy
(TCO).
D.
In the event that the remaining driveway improvements are not completed within one year after the TCO was issued and if the permittee, upon 15 days' notice, does not complete the improvements required by the approved plans under this chapter, the Township may complete the outstanding improvements using the funds available from the bond referenced in § 67-14C.
A.
Any person or persons, firm or corporation violating
any section of this chapter, which violation results in damage to or obstruction
of any public road, gutter, storm drain, ditch, basin, inlet or culvert, shall
be responsible for all expenses incurred by the Township of Franklin for repairing
said damage or removing said obstruction, in addition to the penalties herein
provided.
B.
Any person or persons, firm or corporation who violates any section of this chapter, in addition to the provisions of Subsection A, shall be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both, which may be enforced in the Central Warren Municipal Court or any other court having proper jurisdiction therefor.
[Amended 9-28-1987 by Ord. No. 87-9]
