The Construction Official shall inspect the premises and review
the application as to the proposed improvement, and if it is his/her
determination that the proposed improvement complies with the standards
of this chapter, then, in that event, (s)he shall issue a permit to
the applicant. If the determination is that the proposed driveway
does not comply with the terms of this chapter, then the applicant
shall be notified of the denial of the application with the reasons
for denial set forth.
If the Construction Official deems that the site has special problems such as, but not limited to, adequate pipe size, as set forth in § 219-16, or a safe and adequate site distance, as set forth in § 219-14, the Construction Official then may refer such application to the Township Engineer for review and comment at the expense of the property owner.
The Construction Official shall take action on all applications
no later than 30 days after the date that the application is filed,
unless this application has been referred to the Township Engineer.
In that event, the Construction Official shall take action no later
than 60 days after the date that the application is filed.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
Any person aggrieved by the decision or action of the Construction
Official under this chapter may appeal that decision to the Land Use
Board, pursuant to N.J.S.A. 40:55D-70(b). Such appeal shall be made,
in writing, and filed within 10 days from the date of such decision
or action. This appeal will be heard in accordance with the rules
and instructions of the Land Use Board and a decision rendered in
accordance with the requirements of N.J.S.A. 40:55D-73.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
A.Â
Any applicant seeking issuance of a driveway permit pursuant to the
foregoing provisions who is unable to comply with any of the design
standards and/or construction improvements requirements applicable
to driveways by virtue of the foregoing provisions may apply to the
approving authority for an exception from 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 article and that
the literal enforcement of the provisions from which the exception
is sought 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.Â
Provided, however, that the approving authority shall not grant any
such exception unless the approving authority is fully satisfied that
the intent and purpose of the foregoing provisions 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. All doubts or difficulties in the mind of
the approving authority with respect to the advisability of granting
such exception shall be resolved in favor of the denial of such exceptions.
C.Â
Any driveway permit applicant who has been denied an exception sought
pursuant to these provisions shall have the right of appeal of such
denial to the Land Use Board, which shall hold a hearing thereon,
attended by the Township Engineer, or his representative, and shall
render a determination within 45 days of the date of submission of
such appeal.
[Amended 5-25-2017 by Ord. No. 2017-05]
D.Â
Prior to the hearing of any such appeal by the Land Use Board, the applicant shall post with the Secretary of the Land Use Board an appeal application fee and an escrow fee deposit as set forth in Article VIII of Chapter 45, Land Use Procedures.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
No certificate of occupancy shall be issued for the use of any structure where inherent in the building permit application for such structure a driveway permit was required, unless such driveway has been fully constructed to the satisfaction of the Construction Official pursuant to the terms and conditions of this chapter except, when in the opinion of the Construction Official, such driveway cannot be completed due to weather conditions and the property owner has deposited with the Township Clerk a fee as set forth in Article VIII of Chapter 45, Land Use Procedures, to guarantee the construction of such driveway by no later than six months following the issuance of the certificate of occupancy or June 30 of the following year, at the discretion of the Construction Official.
