[Adopted 12-20-1971 as Sec. 13-4
of the Revised General Ordinances; amended 4-17-1978]
[Amended 9-17-1979 by Ord. No. 66-79; 7-21-1980 by Ord. No. 31-80; 11-21-1983 by Ord. No.
26-83; 3-18-1985 by Ord. No. 7-85; 5-20-1985 by Ord. No. 17-85; 11-18-1985 by Ord. No.
39-85; 10-19-1987 by Ord. No. 18-87; 5-20-2002 by Ord. No. 20-02; 6-17-2002 by Ord. No. 22-02; 4-21-2003 by Ord. No. 9-03; 2-16-2004 by Ord. No. 2-04; 8-16-2004 by Ord. No.
17-04; 6-20-2016 by Ord. No. 10-16; 5-20-2019 by Ord. No. 11-19]
No driveway shall be constructed, no existing driveway shall
be altered, no additional dwelling(s) or building(s) or building addition(s)
that result in the creation of an additional dwelling unit shall be
connected to an existing driveway, and no new dwelling or building
shall be constructed to replace a residential dwelling or building
that has been substantially demolished and which was served by an
existing driveway, within, along or connected to an existing or future
street or road right-of-way, without first obtaining a driveway construction
permit in accordance with the following:
A.
The applicant shall apply for a driveway permit, shall submit a plan of the proposed driveway per § 172-25, an application fee in the amount of $100 and an escrow fee deposit as follows:
(1)
Except for permits to pave or resurface an existing driveway only pursuant to Subsection F below, an escrow fee deposit in the amount of $500 shall be paid to the Township for each driveway permit for engineering review and inspections. The escrow fee deposit shall be administered in accordance with the provisions of § 159-53E and F, which provide for additional deposit requirements and return of unused escrow deposits.
B.
Permits shall be reviewed and issued by the Township
Engineer or a consulting engineer retained by the Township for driveway
application and road opening review purposes (hereinafter "consulting
engineer").
C.
A driveway permit issued hereunder shall be valid
for period of two years from the date of issuance.
D.
Major subdivisions requiring construction plans and
inspection fees shall, by Township ordinance, be exempt from the above
permit fee requirements; however, major subdividers shall comply with
all other applicable sections of this chapter. Permits shall be required
in major subdivisions where construction is not by the subdivider
or his successor.
E.
Driveway construction in the Township right-of-way
in accordance with the approved driveway permit shall not require
a Township road opening permit.
F.
A fee of $100 shall be paid for a permit to pave or
resurface an existing driveway only.
[Amended 9-15-1980 by Ord. No. 35-80; 12-15-1980 by Ord. No. 68-80; 5-20-1985 by Ord. No. 17-85; 10-19-1987 by Ord. No. 18-87]
A construction plan shall be submitted with
the application showing provisions for compliance with the following
minimum requirements:
A.
All driveways shall be constructed and maintained
in such a manner as to prevent erosion of the soil from them and its
deposition upon the streets or road and in gutters, catch basins,
inlets, drains or culverts.
B.
All driveways constructed or altered shall be constructed
in such a manner as not to interfere with the drainage along the existing
pavement or traveled way, nor shall runoff from a driveway discharge
beyond an existing ditch onto the traveled way. Where curbs are installed
and no ditch or gutter exists, water may not be discharged more than
two feet beyond the curb. Under no circumstances shall the driveway
be allowed to extend beyond the edge of the existing pavement and
traveled way thereby creating a hump or uneven driving surface on
the pavement or traveled way.
C.
All driveways shall meet the abutting roadway at a
horizontal angle of not less than 60º. All driveways shall have
a minimum sight distance of oncoming vehicles in each direction of
250 feet when observed at a point 10 feet back from the existing pavement
at a height of three feet above the ground. Where the posted speed
limit along the roadway is greater than 25 miles per hour, the minimum
sight distance shall be 10 feet for each mile per hour.
[Amended 11-18-1996 by Ord. No. 29-96]
(1)
All applicants shall take the required action to obtain
the minimum required sight distance after receipt of initial permit
approval and prior to approval for a building permit.
(2)
Any and all actions taken to obtain the required minimum
sight distance shall be done in a lasting and permanent manner.
D.
Driveways at corner lots shall be located at least
125 feet from the center line of the road intersections.
E.
No portion of any driveway shall be constructed at
a grade exceeding 15%. Provision shall be made for a standing area
extending a distance of not less than 30 feet from the edge of the
pavement at a grade not to exceed 5%. A standing area extending not
less than 20 feet from the garage shall be installed at a grade not
to exceed 5%. Changes in vertical grades shall be made with smooth
vertical curves not less than 12 feet in length.
F.
Where driveways are at a higher elevation than the
street and where the driveway grade exceeds 8% at any point within
250 feet of the public right-of-way, the following shall be performed:
(2)
The pavement shall extend from the right-of-way line
to a point at which the grade is less than 8% or for a two-hundred-fifty-foot
distance, whichever is less.
(3)
The above pavement shall be in addition to the required
pavement within the street right-of-way.
(4)
Where applicable, the applicant should submit a detail
showing the above, including details of storm drainage system to control
runoff.
A.
Upon written request of any applicant for a driveway permit, the Township Committee may grant a waiver of the sight distance requirements of § 172-20C, the location of driveways on corner lots requirements of § 172-20D, or other driveway construction requirements, in individual cases and upon a showing of hardship or inability to comply with these requirements, provided that the protection to the applicant and the public sought by the requirements from which a waiver is requested is not significantly reduced, and provided that such a waiver may be granted without detriment to the applicant or the public in general. An Advisory Driveway Ordinance Waiver Review Board is hereby established for the purpose of reviewing waiver requests made pursuant to this subsection and recommending, in writing, to the Township Committee the granting or denial of such requests. Said Board shall consist of the Superintendent of the Department of Public Works, or his designee, the Chief of Police, or his designee, and the Township Engineer or consulting engineer. The Township Committee shall consider the recommendations of the Board when deciding on waiver requests made pursuant to this article.
[Added 8-15-1983 by Ord. No. 20-83; amended 5-18-1992 by Ord. No. 5-92; 8-16-2004 by Ord. No.
17-04; 2-12-2020 by Ord. No. 02-20]
B.
Application. The request from the applicant for a
waiver shall be submitted to the Township Clerk, in duplicate, with
the following:
[Added 3-18-1985 by Ord. No. 7-85]
(1)
A written description, detailing the reasons a waiver
is needed, to be considered only when no complying alternatives can
be found.
(2)
An application fee of $200.
(3)
A scaled plot plan, showing proposed locations, dimensions,
sight distances which will be attained and reference points, such
as telephone pole numbers.
(4)
A center-line profile for the proposed driveway, showing
existing and proposed grades at twenty-five-foot intervals and the
overall percentage of grade to be achieved.
(5)
A
review fee deposit of $500.
[Added 11-21-2011 by Ord. No. 16-11]
C.
Upon receipt of all the required information and fees,
the appropriate officials will review and inspect the proposed locations
and report all findings to the Mayor and Township Committee within
30 days.
[Added 3-18-1985 by Ord. No. 7-85]
The construction of a properly sized dish-type
gutter shall be required, provided that the existing gutter flow line
will not be blocked, altered or changed in any manner unless otherwise
approved by the Township Committee or its authorized agent. The installation
of a suitable size pipe or culvert will be required in the event that
the existing flow line or ditch cannot be crossed with a dish-type
gutter. The size of the pipe or culvert required shall be determined
by the Township Committee or its authorized agent.
[Amended 5-20-1985 by Ord. No. 17-85]
All driveways constructed or altered within
road rights-of-way shall be constructed as follows:
A.
Fillets with a minimum radius of five feet and constructed
of the same material as the driveway shall be installed where the
edge of the driveway intersects the edge of the existing pavement
or traveled way. The width of the driveway at the edge of the existing
pavement or traveled way shall have a minimum width equal to the driveway
width, plus 10 feet.
[Amended 10-19-1987 by Ord. No. 18-87]
B.
Driveways entering onto unpaved roads shall be six inches compacted thickness of Type 5, Class A, quarry-processed stone, thoroughly rolled and compacted, except where pavement is required by § 172-20F.
C.
Driveways entering onto paved roads shall be constructed
as follows:
[Amended 10-19-1987 by Ord. No. 18-87; 9-19-2005 by Ord. No. 37-05]
(1)
Where one or both sides of the road have concrete sidewalks, driveway aprons shall be constructed of six-inch minimum thickness concrete, per Article II, Sidewalk Construction.
(2)
Where no sidewalks are required, the driveway apron
material shall be as follows:
(a)
Base course, four inches minimum compacted thickness
of Type 5, Class A, quarry processed stone, thoroughly rolled and
compacted.
(b)
Surface course: two inches compacted thickness
of fine aggregate bituminous concrete, FABC; or concrete pavers, installed
in accordance with the manufacturer’s specifications, provided
that the installation of concrete pavers is solely at the property
owner’s own risk and the Township shall not be liable for any
damage to concrete pavers installed in lieu of asphalt for a surface
course as a result of snowplowing or other road or street maintenance
activity.
[Added 5-20-1985 by Ord. No. 17-85; amended 10-19-1987 by Ord. No. 18-87]
A.
Except as required by § 172-20F, driveway construction shall be as follows: The base shall be a minimum of four inches compacted thickness of Type 5, Class A, quarry processed stone, shale or 3/4 inch to 1 1/2 inches road stone or a combination of each. Additional stone thickness may be required by the inspecting official where subbase materials are judged to be substandard. Washed gravel or sand and gravel shall not be an acceptable alternative.
B.
Driveways less than 200 feet in length shall have
the minimum improved width of 12 feet.
C.
Driveways of 200 feet or more in length shall be cleared
and graded to a width of 16 feet and shall be improved to a width
of 12 feet. Horizontal curves shall have a minimum outside radius
of 60 feet.
D.
In addition, driveways which exceed 400 feet in length
shall have one or more passing areas, within sight of each other and
not more than 200 feet apart. Such passing areas shall be cleared
and graded to a width of 22 feet and shall be improved to a width
of 18 feet. The length of this widened area shall be 25 feet, with
fifteen-foot tapers on each end. Horizontal curves shall have an increased
improved width along the curves of 14 feet.
[Amended 9-18-2000 by Ord. No. 23-00]
E.
Any portion of the driveway utilized by more than
two dwellings, shall have a minimum improved width of 16 feet and
a graded width of 20 feet.
F.
Driveways of 400 feet or more in length shall have
facilities suitable for fire-engine turnaround within 200 feet of
the dwelling, and all driveways with intersections shall have facilities
for fire-engine turnaround without regard to the distance to the dwelling,
consisting of the following:
[Amended 9-18-2000 by Ord. No. 23-00; 6-20-2016 by Ord. No.
10-16]
(1)
K-turn with fifty-foot depth, fourteen-foot width
and fifty-foot center-line radius;
(2)
Looped driveway of fourteen-foot width and 50 feet
or more center-line radius; or
(3)
Other equivalent facilities approved by the Township
Engineer or consulting engineer.
[Amended 4-21-2003 by Ord. No. 9-03; 8-16-2004 by Ord. No.
17-04]
G.
Driveways with intersections shall have permanent
markers listing the house numbers/direction to each dwelling. The
above requirement is in addition to building numbering requirements.
H.
Lots which are presently occupied with a conforming driveway staff
in use shall be deemed exempt from the terms hereof, except where
additional usage by another party occurs.
[Amended 5-20-2019 by Ord. No. 11-19]
I.
There shall be no more than four lots served by a
common driveway. Driveways serving five lots or more shall be constructed
in accordance with the residential site improvement standards for
public streets. When the owners of two or more adjoining lots elect
to construct one driveway access, each deed shall reference the appropriate
easement for the multiple-use driveway, and a copy of the recorded
deed shall be filed with Washington Township. In addition, prior to
the issuance of a certificate of occupancy for any of the lots served
by the common driveway, it shall be necessary to file with Washington
Township a copy of the proposed deed for the lot and a copy of the
cooperative maintenance agreement as recorded in the office of the
Morris County Clerk, executed by all parties. The legal form of the
cooperative maintenance agreement must be approved by the Township
Attorney prior to the issuance of a construction permit for any lot
to be served by a common driveway.
[Amended 8-19-2002 by Ord. No. 30-02; 5-17-2004 by Ord. No.
13-04]
[Amended 4-21-2003 by Ord. No. 9-03; 8-16-2004 by Ord. No.
17-04]
All applicants shall submit engineered plans
or a sketch, drawn to scale, to the Township Engineer or consulting
engineer for his approval prior to the issuance of the driveway permit.
The plans shall be prepared by a licensed professional engineer and
shall show or include the following information.
A.
A plot or site plan at a scale of one inch equals
30 feet showing the driveway for its entire length and showing its
relation to the street or road and showing existing and proposed two-foot
contours.
B.
A profile of the driveway showing existing and proposed
center line grades and elevations for its entire length.
C.
A plan showing the type of storm drainage to be constructed
at the driveway entrance to the street or road, i.e., dish-type gutter,
pipe or culvert; size of pipes; culverts and gutters; grades, elevations
and typical cross sections; construction details; and any other information
deemed necessary to the project.
Any person or persons or firm or corporation
violating any provision of this article which results in damage to
or obstruction of any street or road, gutter, storm drain, catch basin,
inlet or culvert shall be responsible for all expenses incurred by
the Township in repairing such damage or removing the obstruction,
in addition to any penalties provided in this Code.