[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.]
GENERAL REFERENCES
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.
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:
A.
The maximum number of driveway openings permitted
from a commercial or industrial lot to any one road shall be limited
as follows:
|
Length of Lot Frontage
(feet)
|
Permitted Number of Driveway
Openings
| |
|---|---|---|
|
150 or less
|
1
| |
|
151 or more
|
2
|
B.
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.
C.
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.
D.
Sight distance required.
(1)
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.
(2)
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.
E.
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.
A.
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.[1])
[1]
Editor's Note: Figures 1 and 2 are on file
in the Clerk's office.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
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.
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.
B.
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.
C.
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.
D.
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]
E.
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.
A.
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.
B.
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.
C.
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.[1]
D.
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.
E.
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).
F.
The fee for filing a driveway appeal pursuant to this
section shall be $100.
A.
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.
B.
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]
C.
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.
