[HISTORY: Adopted by the Board of Commissioners (now Town Council)
of the Town of Phillipsburg 3-30-1964 by Ord. No.
916 (Ch. 20 of the 1969 Code). Amendments noted where applicable.]
The following words and phrases in this chapter are defined for the
purpose thereof as follows:
That portion of the passageway that lies between the street side
of the sidewalk and the curbline or edge of roadway surface.
A passageway for vehicle ingress and egress to private property.
A passageway for vehicle ingress or egress to two or more parcels
of property.
Municipal Engineer of the Town of Phillipsburg.
That portion of the street right-of-way between the curblines, or
the lateral lines of a roadway, and the adjacent property lines, or the lateral
lines of a roadway and the adjacent property lines, intended for the use of
pedestrians and generally separated from the curb or roadway surface by a
planting strip.
A.
Any person, firm or corporation desiring to depress the
curb or change the grade of any public sidewalk for the purpose of constructing,
reconstructing or altering a driveway or driveways to provide ingress to and
egress from property owned by them or under their control shall, before such
work is undertaken, apply for and receive a permit from the Municipal Engineer.
B.
When application for a permit is made to the Municipal
Engineer to construct, reconstruct or alter a driveway to provide ingress
and egress from private property, it shall be the duty of the Municipal Engineer
before issuing such permit to first determine the type of driveway proposed,
its width and location, and if, in his opinion, it will not create a hazardous
condition to grant said permit.
C.
A fee of $25 shall accompany the application.
[Amended 1-7-1986 by Ord. No. O:85-28]
A.
The driveway must extend to a garage, carport or parking
area.
B.
The driveway must extend a sufficient distance beyond the front setback line, as required in Chapter 625, Zoning, for all required parking spaces to completely clear said front setback line. Single-family residential property owners may utilize the driveway within the front yard setback line for one required off-street parking space.
[Amended 8-5-1986 by Ord. No. O:86-29]
C.
In the event of a corner lot, where the passageway leads from the street side lot line, said passageway must extend a sufficient distance beyond the street setback line, as required in Chapter 625, Zoning, for a parked vehicle to completely clear said street side setback line.
D.
Where the property is located at an intersection of two
streets, no driveway or any part thereof which is intended to serve said property
shall be closer than 25 feet from the intersection of the projection of the
curbline or edge of the pavement surface.
E.
There shall be no more than two driveways for a lot with
a frontage of 150 feet or less. Where the lot frontage exceeds 150 feet, an
additional driveway may be constructed thereon. The distance between driveways
at the curbline shall be not less than 40 feet.
F.
The curb for the driveway shall not be cut except in
front of the property for which the driveway is to be used.
G.
The apron and sidewalk portion of the driveway shall
be constructed of four inches of three-fourths-inch clean crushed stone and
six inches of 3,500 pounds per square inch concrete.
[Amended 8-5-1986 by Ord. No. O:86-29]
H.
Bituminous concrete parking areas and driveways for single-,
two- or three-family residential properties shall be constructed of six inches
of three-fourths-inch quarry process stone subbase and two inches of bituminous
concrete surface course (FABC) as a minimum. Parking areas and driveways for
other uses, except industrial, shall be constructed of four inches of three-fourths-inch
quarry process stone subbase, four inches of bituminous stabilized base course
(BSBC) and 1 1/2 inches on bituminous concrete surface course (FABC)
as a minimum. Parking areas and driveways for industrial uses shall be as
approved by the Municipal Engineer.
[Amended 8-5-1986 by Ord. No. O:86-29]
[Amended 6-19-1969 by Ord. No. 998]
Driveway width measured at any point on the sidewalk shall not exceed
12 feet for a single driveway or 20 feet for a double driveway and/or joint
driveway; and the width of the driveway apron at the curbline shall not exceed
18 feet for a single driveway or 26 feet for a double and/or joint driveway.
In the event the sidewalk is not separated from the curb by a planting strip
at any point along the frontage of the property, then the point at which the
driveway width shall be measured will be determined by the Municipal Engineer,
in accordance with good engineering practices.
A.
There shall be submitted with the application for the
permit a plat and plan of the area to be improved. Such plat shall be drawn
to a scale of not less than 1/8 inch to one foot with all principal dimensions
shown. Such plan shall show the location of all existing walks, curbs, and
the relative elevation of the gutters, the top of the curb and the sidewalk,
traffic signs, storm sewer inlets, and any other structure existing on or
in the street adjacent to the property; and shall also show the proposed locations
of tanks, buildings, air hoses, wash racks, oil pits, pump islands and all
other equipment which the applicant proposes to install on said property,
together with the distance from such equipment to the street property line.
B.
The driveway width shall not exceed 30 feet at the property
line and 40 feet at the curbline.
C.
To prevent any part of any vehicle using the driveway
from projecting over or crossing the public sidewalk, except at the point
designated, there shall be installed a suitable barrier, approved by the Municipal
Engineer, from the curbline to a point six inches inside the property line.
D.
Upon the recommendation of the Municipal Engineer that a surface normally requiring bituminous concrete parking areas and driveways, in accordance with standard Town specifications, requires an alternate surface material due to objective engineering standards, the Town Council may approve a waiver of this section (§ 257-5) upon application. The applicant shall bear all expenses associated with the engineering inspections and submit an application fee in the amount of $100.
[Added 6-21-1988 by Ord. No. O:88-19]
A.
It shall be unlawful for the owner of any property to
use or permit to be used any part of any public sidewalk abutting his property
for vehicle ingress or egress to the same, except over an approved driveway.
B.
It shall be unlawful for any owner or occupant of any
property to erect or permit to be erected any wooden or metal ramp from the
gutter line to the top of the curb.
C.
It shall be unlawful for any person to place dirt, ashes,
bituminous concrete, concrete, drainpipes or other material in the gutter
for the purpose of building up an approach for a driveway.
D.
It shall be unlawful, in the case of nonresidential driveways,
to permit surface or roof-drainage water to flow over that portion of the
driveway that is on the public right-of-way.
Whenever a driveway has been abandoned, either by closing the entrance
to the property or by changing the use of the property, in such a way as to
no longer make the driveway necessary, it shall be the duty of the property
owner to have the driveway removed and the sidewalk and curb restored to the
line and grade of the adjoining sidewalk and curb. The Municipal Engineer
is hereby authorized to order the removal of such driveway, and the property
owner shall comply with said order within 10 days after receipt of same.
Whenever there are encountered within the right-of-way cables, poles,
guys, water main or other utilities that interfere with the proposed driveway
location, the applicant shall obtain the consent of the utility company involved,
and the reasonable expense and cost of such changes shall be a matter between
the parties.
A.
Applicants for driveway permits shall, during construction,
reconstruction or alteration, maintain the premises in a safe manner and shall
provide adequate barricades and lights at his own expense to protect the safety
of the public using the adjacent streets and sidewalks and shall hold the
Town free from any damages incurred by his operations.
B.
All debris and surplus material shall be removed immediately.
[Amended 6-5-1984 by Ord. No. O:84-18]
