[HISTORY: Adopted by the Township Committee
of the Township of Harmony 10-5-1993 by Ord. No. 93-11.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Ch. 81, Driveways, adopted 12-2-1980 by Ord. No. 0:80-9.
A.
No person, individual, firm or corporation shall construct,
reconstruct or enlarge a driveway onto a township or county road or
street in the Township of Harmony without first having received a
permit to do so from the Township of Harmony.
B.
It is the intent of this chapter to exercise exclusive
jurisdiction by the Township of Harmony over all driveways onto township
streets, to exercise concurrent jurisdiction with the County of Warren
with respect to the portion of any such driveway located within the
right-of-way of a county road and to exercise exclusive jurisdiction
by the Township of Harmony with respect to the portion of driveways
intersecting county roads which are located outside of the right-of-way
of any county road.
C.
The following words and phrases as used in this chapter
shall have the following meanings:
- COMMERCIAL
- A driveway serving other than a residential use.
- DRIVEWAY
- A private accessway providing a method for motor vehicles to access a property from a public or private street.
- RESIDENTIAL
- Residential driveways shall be defined according to use as follows:
- ROAD
- Shall have the same meaning as "street."
- STREET
- Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats.
D.
Permits shall be one of four classes defined as follows:
(1)
Class I: single-family residential dwellings with
drives not exceeding six-percent maximum gradient and not requiring
grading to achieve the minimum sight distances required herein, having
no restriction in the minimum required sight triangle and not having
a bridge or a culvert over four feet in diameter, or equivalent.
(2)
Class II: all other single-family residential dwellings
serving not more than one dwelling.
(3)
Class III: residential lanes or driveways serving
more than one single-family residential dwelling.
(4)
Class IV: all other driveways.
A.
The number of driveways permitted from a proposed
lot or site directly to any street shall be limited as follows, except
under conditions where the safety and/or convenience of the general
motoring public is impaired. Such conditions shall be determined and
specified by the township body with authority to approve site plans,
upon receipt of the advice of the Township Engineer:
|
Length of Lot of Site Frontage on Each
Street
(feet)
|
Permitted Number of Driveways on Each
Street
| |
|---|---|---|
|
150 or less
|
1
| |
|
151 to 800
|
2
| |
|
Each additional 800
|
1
|
B.
Single-family dwellings on individual lots may have
more than one driveway.
C.
Service stations shall have at least two driveways.
A.
All entrance and exit driveways to a street shall
be located to afford maximum safety to traffic on the street. Lots
existing prior to June 1, 1989, which cannot meet the requirements
herein within the lot boundaries, shall be considered to meet these
requirements through the use of a permanent easement or right-of-way
through another lot;
B.
Any exit driveway or lane shall be so designed in
profile and grading and shall be so located as to permit the following
minimum sight distances measured from a point a minimum of 15 feet
behind the curbline or edge of the traveled way of the street. The
sight triangle shall not contain any obstruction, which would obstruct
the driver's view, of greater than one foot or less than 10 feet above
the curb level, except that trees whose branches are trimmed away
to above the ten-foot height may be permitted. The sight distance
shall be measured from a point 3.5 feet above the pavement, representing
the driver's eye, to a point 4.25 feet above the pavement, representing
the height of the vehicle. The sight line shall come no closer than
0.5 foot to the road surface at any point. The sight distance shall
be measured in both roadway directions with respect to the driver's
position in both the oncoming vehicle position and the driveway position.
Roads which are not posted for speed limits shall be considered to
be 50 miles per hour unless horizontal geometric considerations dictate
otherwise.
|
Allowable Speed on Street Distance
(mph)
|
Required Sight Distance
(feet)
| |
|---|---|---|
|
25
|
240
| |
|
30
|
275
| |
|
35
|
315
| |
|
40
|
350
| |
|
45
|
420
| |
|
50
|
475
|
C.
Where a site occupies two intersecting roads, no driveway
entrance or exit shall be located within 40 feet of the point of tangency
of the existing or proposed intersection curb radius of the site.
D.
No part of any driveway shall be located within a
minimum of 10 feet of a side property line. However, upon application
to the township body with authority over site plan approval and upon
approval of design by the Township Engineer, that body may permit
a driveway serving two or more adjacent sites to be located on or
within 10 feet of a side property line between the adjacent sites.
The geometric design of a driveway connection
to a street shall be governed by sound traffic engineering principles.
Below are guidelines in preparing a geometric design, but deviation
from them will be necessitated from time to time due to the many variables
encountered in the course of preparing a design. The applicant should
be aware, therefore, that although the driveway layout may conform
to these guidelines, conditions may dictate deviations from them,
and requirements of the Township Engineer shall be final.
A.
Two-way operation. Driveways used for two-way operation
shall intersect the street at an angle as near to 90° as site
conditions will permit and in no case will be less than 75°.
B.
One-way operation. Driveways used by vehicles in one
direction of travel, right turn only, shall not form an angle smaller
than 45° with a street.
C.
The dimensions of driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily onto the land development for which a site plan is
prepared. The required maximum and minimum dimensions for driveways
connecting to a street at 90° are indicated below. Driveways serving
large volumes of daily traffic or traffic over 5% of which is heavy
truck traffic shall be required to utilize high-to-maximum dimensions.
Driveways serving low daily traffic volumes or traffic less than 5%
of which is heavy shall be as follows:
(1)
Table.
|
Driveway Type
|
Depressed Width
(feet)
|
Depressed Curb
(feet)
|
Return Radius
(feet)
| ||
|---|---|---|---|---|---|
|
Residential
|
8 to 16
|
12 to 20
|
Not allowed
| ||
|
Residential lane 2 to 3 residences
|
16
|
Width plus
|
15 Maximum 4 feet
| ||
|
4 to 6 residences
|
20
| ||||
|
7 or more residences
|
24
| ||||
|
Commercial
| |||||
|
1-way
|
20 to 34
|
24 to 38
|
25 minimum
| ||
|
2-way
|
24 to 46
|
24 to 50
|
40 maximum
| ||
(2)
Driveways connecting to a street at an angle shall
have the same widths as shown in the table above. The width of depressed
curb and the radius of curb returns shall provide for the sharpest
turning radii of vehicles using the driveway, keeping said vehicles
within their prescribed lanes.
D.
Vertical curbs and alignment.
(1)
Any vertical curb on a driveway shall be flat enough
to prevent the dragging of any vehicle undercarriage. The maximum
permitted gradients for driveways are shown in the following subsection.
The profile dimensions given beyond the sidewalk area are maximum
or minimum values for grades and minimum values for lengths.
E.
Should the sidewalk be so close to the curb at a driveway
with a depressed curb as to cause the ramp to be too steep and is
likely to cause undercarriage drag, the sidewalk shall be appropriately
lowered to provide a suitable ramp gradient.
F.
Future curb or gutter line. Driveways shall be designed and constructed such that the vertical alignment requirements shall begin at the future curb or gutter line of any street. The classification of the road shall be determined from the current Harmony Township Master Plan and the width requirements as set forth in § 148-14C(2) of the Harmony Township Subdivision Ordinance. The cross-section requirements shall be as set forth in the Harmony Township Street and Parking Lot Standards. The area between the existing roadway and the future curb or gutter line shall be paved and graded in accordance with the paving provisions of this chapter.
G.
Bridges or culverts over four feet in diameter. All
bridges or culverts in excess of four feet in diameter, or equivalent,
shall be designed in accordance with the current American Association
of State Highway Officials bridge practice to accommodate an H2O design
vehicle.
H.
Driveways in excess of 100 feet in length shall have
horizontal alignment such that a fire truck can negotiate the drive.
For the purpose of this determination, the American Association of
State Highway Officials SU design vehicle shall be used for design
purposes.
[Amended 5-3-1994 by Ord. No. 94-4]
The surface of any driveway shall be constructed
with a permanent pavement of a type specified below:
|
Within Township Right- of-way
|
Outside Right-of-Way Maximum Grade Less Than
6%
|
Maximum Grade More Than 6%
|
Within Major Subdivision
| |
|---|---|---|---|---|
|
Residential Classes I and II Bituminous concrete sur-
face course, Mix 1-5, 2 inches thick
|
X
|
X
|
X
| |
|
Bituminous and stabilized base course, 3 inches thick
Dense graded aggregate base course, 6 inches thick
|
X X
|
X
|
X
|
X X
|
|
Residential, Class III Bituminous concrete sur- face
course, Mix I-5, 2 inches thick
|
X
|
X
|
X
|
Not Permitted
|
|
Bituminous course, 3 inches thick Commercial, Industrial
and Multifamily Class IV
|
X
|
X
|
X
|
Not Permitted
|
|
Bituminous concrete sur- face course, Mix 1-5, 2 inches
thick
|
X
|
X
|
Not Permitted
|
Not Applicable
|
|
Bituminous and course, 4 inches thick
|
X
|
X
|
Not Permitted
|
A.
Driveway design shall include provisions for storm
drainage within the driveway and where it crosses existing roadside
ditches or drainage structures.
A.
No driveway shall be permitted to be constructed over or across the normal drainage gutter line of an existing street, except on approval of the Township Engineer. The Township Engineer shall be guided by the design standards set forth in Chapter 137, Site Plan Review, and Chapter 148, Subdivision of Land.
A.
Application forms shall be obtained from the Township
Clerk. Applications shall be accompanied by a legible plot plan or
sketch of the property setting forth the following information:
(1)
Property lines.
(2)
Setback and location of structures.
(3)
Curb, if any.
(4)
Sidewalk, if any.
(5)
Utility installations affecting the driveway.
(6)
All physical features including trees and other obstructions
within proposed sight triangles.
(7)
Advisory, directional, regulatory and advertising
signs within proposed sight triangles.
(8)
The location of existing driveways on the lot in question
and adjoining lots and lots across the road within the limits of the
sight triangle.
(9)
Driveway width.
(10)
Driveway angle.
(11)
Curbline opening.
(12)
Profile of the roadway in front of the parcel to the
limits of the required sight triangle.
(13)
Contour lines for existing and proposed grading within
the area of driveway construction and sight triangles.
(14)
Radius of curvature, where applicable.
(15)
Parking facilities, where applicable.
(16)
For other than single-family residential, the estimated
number of cars and trucks using the driveway each day.
(17)
A profile of the driveway from the center line of
the public road to the end of the driveway.
(18)
A typical section of the driveway.
(19)
Structural construction drawings of all bridges or
culverts over four feet in diameter, or equivalent, and design computations
therefor.
B.
All plans shall be prepared by a professional engineer
licensed to practice in New Jersey; provided, however, that an individual
may prepare plans as required herein on property owned by that individual
within the parameters established by N.J.S.A. 45:8-27.
A.
Class I: single-family dwellings not part of a major
subdivision. The application and accompanying data shall be submitted
in triplicate to the Zoning Officer, who shall review the plan and
shall do one of the following:
B.
All other applications. The application and accompanying
data shall be submitted in triplicate at the time of final subdivision
or site plan application, or at the time of building permit application
if a subdivision or site plan is not required, or at the time of construction
or modification of the driveway, to the Township Engineer, who shall
review the plan and shall do one of the following:
No certificate of occupancy shall be issued unless all driveways on the lot or site have been completed in accordance with the approved plan. Inspection to assure compliance will be done by the Township Engineer, except that Class I driveways shall be inspected by the Zoning Officer. Notwithstanding anything to the contrary hereinbefore mentioned, an applicant may, during the period from November 1 to April 15, apply for a certificate of occupancy and defer completion of a driveway on the lot or site in accordance with the approved plan; provided, however, that such applicant posts a performance guaranty with the township or, in lieu thereof, cash in an amount equal to 120% of the performance guaranty estimate prepared by the Township Engineer of the cost of completing construction of the driveway. The Township Engineer, in arriving at the performance guaranty estimate, shall be guided by the surface and other applicable provisions of this chapter, together with the design standards set forth in Chapter 137, Site Plan Review.
[Amended 8-3-2004 by Ord. No. 04-10]
A.
Application fee for all classes (Classes I, II, III,
IV): $25.
B.
Review inspection and administration fee for all classes
(Classes I, II, III, IV): $250.
D.
Replenishment of escrow. When review and inspection
costs exceed the initial escrow deposit, applicant shall, upon notification
from the Township Engineer, pay such additional escrow deposit as
requested, which shall be paid prior to Township Engineer's issuance
of the certificate of approval (C.A.) which certifies completion of
the driveway in accordance with the compliance standards established
herein.
A.
All driveways approved pursuant to the provisions
of this chapter shall be maintained in such a fashion as to be in
compliance with the provisions of this chapter.
B.
The Zoning Officer or his duly authorized assistants
shall have the duty and power to inspect or examine driveways approved
to the provision of this chapter in the Township of Harmony to determine
continued compliance with the provisions of this chapter.
C.
When the Zoning Officer or his duly authorized assistants
determine that a driveway is in violation of the provision of this
chapter, he shall order the owner, in writing, to remedy such condition.
Said written order shall specify the nature of the violation found
to exist, the remedy ordered and the time permitted for such remedy,
the penalties and remedies which may be invoked by the township.
D.
If any violation shall not be abated after notice
as provided above, the Zoning Officer or his duly authorized assistants
shall prosecute either an action in the Harmony Township Municipal
Court of an action in the Superior Court of New Jersey to enjoin and
compel abatement of violations.
A.
Any person or persons, firm or corporation violating
any provision of this chapter which results in damages to or obstruction
of any street, gutter, storm drain, catch basin, inlet or culvert
shall be responsible for all expenses incurred by the Township of
Harmony in repairing said damage or removing said obstruction in addition
to the penalties herein provided.
All users of a driveway as covered by the terms
of this chapter shall be required to submit a written agreement to
be approved as to form by the Township Attorney acknowledging responsibility
to continue maintenance of the driveway in accordance with the standards
of this chapter.
[Added 12-5-2017 by Ord.
No. 17-12[1]]
A.
No person, persons, entity or organization shall construct any alterations
and/or improvements to any driveway within the Township which would
interfere or impede access of emergency service vehicles to the property.
Alterations are defined as any changes, alterations or improvements
constructed on or adjacent to a driveway that was not approved as
part of the property's driveway permit. Alterations include but
are not limited to placing of boulders, fences, signs or other decorative
items at the entrance or along the edge of a driveway.
B.
A determination as to what alterations impede or interfere with the
access of emergency service vehicles shall be made by the Chief of
the Harmony Township Fire Department.
C.
Landowners or tenants wishing to make an alteration to their driveway,
other than what was approved as part of the original driveway permit,
should make an application to the Township Clerk who will forward
the application to the Fire Chief for determination.
D.
Any alterations installed that are found by the Harmony Fire Chief
to be in violation of this section shall be given notice of the violation
and 30 days to remove or relocate the alterations to the satisfaction
of the Fire Chief.
E.
Any person, persons, entity or organization who violates this section shall be subject to the penalties as set forth in § 81-13.
F.
In addition to the violations set forth above, any landowner who
was previously notified of an improper alteration shall be responsible
for any damage to any emergency service vehicle resulting from the
vehicle attempting to access the property to provide emergency services.
G.
No emergency service agency/organization/company or the Township
shall be responsible for any damage to a property or its alterations
resulting from an attempt to access the property to provide emergency
services, provided the landowner, tenant or occupant was previously
notified of the improper driveway alteration.
[Added 6-9-2011 by Ord. No. 11-3]
A.
An applicant for a permit for any class of driveway who is unable
to comply with any of the design standards and/or construction improvement
requirements applicable to a driveway by virtue of the foregoing provisions
may apply to the approving authority for an exception to such requirements,
providing the applicant shall clearly demonstrate and the approving
authority shall be satisfied that such exception is reasonable and
within the general intent and purpose of the provisions of this chapter
and that the literal enforcement of one or more of the provisions
hereof is impractical or will exact undue hardship because of peculiar
conditions pertaining to the subject property and the driveway proposed
to be located thereon.
B.
Provided, however, that the approving authority shall not grant any
such exception unless the approving authority is fully satisfied that
the intent and purpose section will be satisfied by the granting of
the exception and that the granting of the exception will have no
adverse impact upon the public health and safety relating to the proposed
driveway or be in conflict with accepted engineering principals. All
doubts in the mind of the approving authority with respect to the
advisability of the granting of any such exceptions shall be resolved
in favor of a denial of such exceptions.
C.
In the event the applicant for an exception from the provisions of
this chapter is denied the exception sought, he shall have the right
to appeal such denial to the Land Use Board, which shall hold a hearing
thereon, attended by the Township Engineer, which shall render a determination
within 45 days of the submission of such appeal.
D.
Prior to the hearing of such appeal to the Land Use Board, the applicant shall post with the Board secretary an appeal application fee and escrow deposit in accordance with § 165-53, Fees, of the Zoning Ordinance.
E.
Any application for an exception pursuant to the foregoing provisions from the requirements of § 81-3, Location, Subsection D, which seeks approval of a driveway located less than the minimum required 10 feet from a side property line and/or less than 10 feet from a rear property line shall require that notice of said application be given to the owner(s) of the property adjoining the portion of the applicant's property which proposes a driveway location less than 10 feet from a side or rear property line. Such notice shall be provided, either by personal service or by means of certified mail, return receipt requested, and proof of service of such notice shall be provided at least 10 days prior to the hearing to be held upon the application and filed with the Land Use Board secretary.