[HISTORY: Adopted by the Mayor and Council of the Borough of Glen Gardner 2-17-1985 by Ord. No. 85-9. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 143.
The purpose of this chapter is to set certain standards for the design, location and construction of driveways and driveway openings in order to promote the safety, public well-being, convenience and general welfare of the Borough through, among other things, the lessening of soil erosion, ensuring emergency vehicle access, promotion of traffic safety and preservation of municipal road structures.
For the purposes of this chapter, the following words or terms shall have the following meanings:
- Any lane, way, opening, construction entrance or privately owned road entering upon any public road within the Borough of Glen Gardner, excepting field openings to nonresidential land used exclusively for farming purposes.
- An existing driveway is modified within the meaning of this chapter when it is paved, widened or narrowed, when its horizontal location or vertical elevation is changed or when drainage facilities are installed or replaced.
- UPHILL DRIVEWAY
- A driveway whose grade rises in elevation from the existing grade at the edge of the municipal roadway.
[Amended 9-4-1990 by Ord. No. 90-4; 10-19-2010 by Ord. No. 2010-8]
No driveway which connects with an existing or proposed Borough road may be constructed or modified unless the owner first obtains a driveway permit from the Borough Zoning Officer upon the approval of the Borough Engineer. The applicant for a permit shall pay the Borough an application fee of $50 upon application. In addition, the applicant shall deposit with the Borough an escrow deposit in amount of $700 to cover the estimated cost of professional review and inspection of the application by the Borough Engineer and other professionals. The escrow deposit shall be administered by the Chief Financial Officer in accordance with the procedures set forth in § 104-74 of the Land Use Chapter of this Code, and the Borough may require replenishment of such escrow in accordance with such procedures.
All driveways to be constructed or modified shall be done in accordance with the following minimum requirements:
The maximum number of driveway openings permitted from a commercial or industrial lot to any one road shall be limited as follows:
Adjacent driveway openings. A minimum clear distance of 25 feet shall separate any two driveways (on the same premises or on adjoining lots) entering upon a single municipal roadway, as measured along the right-of-way line.
Drainage facilities. Each driveway shall be constructed with suitable and adequately designed draining facilities. Wherever possible, driveway drainage shall be directed into natural drainage channels. Driveway drainage may be connected with existing drainage facilities within the municipal roadway, provided that said connection does not interfere with existing drainage, or cause erosion or deposits of sediment in the municipal drainage system. Driveway drainage systems shall not discharge onto adjoining properties causing erosion or sediment damage or flooding and shall not discharge onto the paved or traveled portion of any public right-of-way.
Sight distance required.
Exit driveways. Any exit driveway shall be designed in profile, grading and location to permit a minimum sight distance of 150 feet measured in each direction along the center line of the intersecting road. The sight distance measurement shall be from a sight point on the center line of the exit driveway 15 feet behind the curbline of the thoroughfare, or, if no curbline exists, a minimum of 30 feet from the center line of the intersecting road. A clear sight triangle shall be established connecting the "sight points" described above, and shall be graded and otherwise kept free of shrubbery, fences, structures, etc. in order to maintain clear vision between sight points.
Entrance driveways. Any entrance driveway shall be located to permit a minimum sight distance of 150 feet, for left-turning vehicles, from the intersection of the driveway and roadway center lines.
Permitted slope at intersection. The portion of any driveway within the road right-of-way shall be constructed so that the grade at the right-of-way line is not less than three inches nor more than six inches above the edge of the existing pavement or traveled way.
All driveways constructed or modified shall intersect perpendicular to the existing road pavement or traveled way. Any curved or angular approach of the driveway for aesthetic or topographical reasons shall be accomplished outside of the road right-of-way, or beyond 25 feet from the center line of the existing pavement, whichever is greater.
To assure adequate access for motor vehicles, any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Vertical curves shall not exceed a three-and-one-fourth-inch crest or a two-inch depression in a ten-foot chord.
All driveways shall be designed and constructed to the width standards herein specified. Driveway width shall be the curb-face-to-curb-face dimension, or pavement edge-to-edge dimension where curbs are not required, and shall be measured at the road right-of-way line or at a point 25 feet from the center line of road, whichever is greater.
Single-family residential driveways shall have a minimum width of 12 feet, and may taper to a minimum width of 10 feet beyond the right-of-way line. Driveways shall be flared on each side as it touches the intersecting road pavement or traveled way. (See Figure 1 and Figure 2 for typical residential driveway intersection details.)
Editor's Note: Figures 1 and 2 are on file in the Clerk's office.
Multifamily, commercial and industrial driveway widths shall be designed to accommodate commercial vehicles and higher traffic volumes, but in no event shall exceed a maximum width of 35 feet.
No new driveway shall be constructed at a profile grade exceeding 15% at any point. If a proposed uphill driveway will exceed a profile grade of 8% anywhere within the first 200 feet, as measured from the road right-of-way line along the driveway center line, then that portion of the driveway which exceeds 8% within the first 200 feet shall be paved with a bituminous concrete, macadam or portland cement concrete surface.
All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of soil and materials from them and the land behind them. Water and silt shall be prevented from running onto and accumulating upon the traveled way of municipal roads, or filling up road gutters, catch basins, inlets or pipe drains with sediment or debris.
In the event that the construction of any particular driveway in the Borough of Glen Gardner is subject to the provisions of Chapter 104, Land Use, Article XXIV, Soil Erosion and Sediment Control, the standards contained in such ordinance shall apply whenever such standards are more stringent, detailed or comprehensive than the standards contained herein.
All driveways shall be constructed so as not to block or interfere with the drainage within gutters or along the existing road pavement or traveled way. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing ditch line at an elevation creating an uneven flow line in the gutter or ditch, or beyond the existing edge of pavement creating a hump or uneven driving surface.
Paved gutter. The construction of a properly sized dish-type gutter will be permitted, provided that the existing water flow will not be blocked, altered or changed in any manner.
Culvert or piping. The installation of a suitably sized reinforced concrete pipe or culvert will 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 determined by the Borough Road Supervisor or Engineer.
When a site or lot occupies a corner formed by two intersecting roads, no driveway entrance or exit shall be located within 25 feet of the point of tangency of the existing or proposed curb radius of either road.
No entrance or exit driveway shall be located on the following portions of a road: a rotary, a ramp of interchange or within 25 feet of the beginning of any ramp or other portion of an interchange.
All driveways within the Borough right-of-way or within 25 feet of the center line of the road, whichever is greater, shall be constructed as follows:
Driveways entering upon unpaved roads shall be constructed of six inches (compacted thickness) of one-and-one-half-inch quarry process (blend) stone thoroughly rolled and compacted.
Driveways entering upon paved roads shall have a constructed base course of six inches (compacted thickness) of one-and-one-half-inch quarry process (blend) stone thoroughly rolled and compacted and a surface course of two inches (compacted thickness) of bituminous concrete Type FABC-1.
All materials and methods of construction shall comply with the New Jersey State Highway Specifications for Road and Bridge Construction, 1961 Edition, and all amendments and revisions thereto.
The application shall contain a plan in sufficient detail for the Borough Road Supervisor, Engineer or Construction Official to determine compliance with this chapter. The application shall include the following information:
A site plan or sketch showing the driveway for its entire length and its relation to the intersecting road, the proposed location of dwellings or structures, septic systems, existing or proposed surface water swales, diversions, etc.
On any driveway where existing lot grades exceed 10%, a profile of the driveway showing existing and proposed center-line grades and elevations for its entire length shall be required.
A plan showing the type of storm drainage to be constructed along the driveway and at the driveway intersection with the 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 shall also be shown.
Where a driveway existed on or before September 4, 1990, or received a valid driveway permit from the Borough of Glen Gardner, the Zoning Officer on the recommendation of the Borough Engineer may waive the submission of part or all of the driveway plans, profiles and construction details required by § 79-14, and may also waive a portion of the required professional escrow deposit, subject to the Borough’s right to require additional documentation and/or replenishment of escrow, if subsequently found to be necessary.
[Amended 9-4-1990 by Ord. No. 90-4; 10-19-2010 by Ord. No. 2010-8]
The Borough Road Supervisor or Engineer shall inspect the premises and review the driveway application, and if the proposed improvements comply with the standards of this chapter, the Road Supervisor or Engineer shall issue a driveway permit. If the determination is that the proposed driveway or driveway modifications do not comply with standards of this chapter, then the applicant shall receive written notice specifying the particulars of noncompliance.
The Glen Gardner Borough Board of Adjustment and Glen Gardner Borough Planning Board are hereby established, constituted and appointed as Driveway Appeal Boards to hear and decide driveway appeals pursuant to this section.
The Glen Gardner Borough Board of Adjustment, sitting as a Driveway Appeal Board, shall have the power to hear and decide appeals by any interested party where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by the Borough Road Supervisor or Borough Engineer based on or made in the enforcement of this chapter. Such appeal shall be taken within 20 days by filing a notice of appeal with the office from whom the appeal is taken, or with the Borough Clerk, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made. Such appeal shall be heard by the Board of Adjustment in accordance with its usual rules of practice and procedure, where applicable.
Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary or exceptional situation or condition of such piece of property, the strict application of any section of this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, the Glen Gardner Borough Board of Adjustment, upon an application or appeal relating to such property, may grant a variance from such strict application of such section of this chapter so as to relieve such difficulties or hardship; provided, however, that no variance or other relief may be granted hereunder which would create any substantial public danger or substantial public inconvenience. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this chapter, nor Chapter 104, Land Use, Article XXIV, Soil Erosion and Sediment Control, nor of the Glen Gardner Borough Zoning Ordinance.
The Glen Gardner Borough Planning Board, sitting as a Driveway Appeal Board, shall be empowered to grant the above described variance or other relief whenever the same is applied for in connection with the review of a subdivision, site plan or conditional use by the Planning Board.
Notice of appeals pursuant to this subsection shall be given by the applicant in the manner prescribed in N.J.S.A. 40:55D-12 (the Municipal Land Use Law).
The fee for filing a driveway appeal pursuant to this section shall be $100.
No building permit shall be issued for the construction or alteration of any structure where inherent in any application for such permit a driveway permit is required in accordance with the terms of the chapter, until said driveway permit has been issued.
All work and improvements required by the driveway permit shall be completed prior to issuance of the certificate of occupancy. However, in the event that the necessary work and improvements cannot be completed at the time of application for the certificate of occupancy because of unsatisfactory weather conditions, such as cold or freezing temperatures or wet soil conditions, or because of other unusual conditions which would cause undue hardship to the property owner, the certificate of occupancy may be issued, provided that a performance guaranty in the form of cash, in a minimum amount of $1,000, and sufficient in amount to cover the estimated cost of said work or uncompleted portions thereof, as approved by the Borough Engineer, is filed with the Borough Clerk.
[Amended 9-4-1990 by Ord. No. 90-4]
Upon certification by the Borough Engineer or the Borough Road Supervisor that all work and improvements required by the driveway permit have been completed, the Clerk shall return any remaining amount of the performance guaranty to the person who supplied the same.
Any person or persons, firm or corporation violating any provision of this chapter which results in damage to or obstruction of any public road, gutter, storm drain, ditch, basin, inlet or culvert during or following construction shall be responsible for all expenses incurred by the Borough in repairing said damage or removing said obstruction, in addition to the penalty herein provided.
[Amended 3-4-1997 by Ord. No. 97-4]
Any person or persons, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,000, imprisonment for a period not to exceed 90 days and/or a term of community service not to exceed 90 days. Each and every day that a violation continues after notification thereof shall constitute an additional, separate and specific violation.