[Adopted 12-1-1980 by Ord. No. 18-80 (Ch. 88, Art. III of
the 1974 Code)]
[1]
Editor's Note: Former Art. II, Snow and Ice
Removal, as amended, was repealed 6-6-1988 by Ord. No. 7-88.
Any provisions of Article I of this chapter to the contrary notwithstanding, private streets shall be permitted in the borough in the circumstances and subject to the conditions hereinafter set forth in this article.
A.
A private street shall not interfere with the orderly development of the borough as set forth in the Master Plan of the Borough of Mendham. Any creation of a private street or access to a private street, existing or newly created, or the subdivision of a lot provided frontage by a private street shall be as approved by the Planning Board under the provisions of Chapter 195, Subdivision of Land and Site Plan Review, for a major subdivision, or pursuant to N.J.S.A. 40:55D-35.
B.
A private street shall provide frontage for not more
than five lots unless the street is improved according to the requirements
for streets that are not classified as private.
C.
A private street shall not at any point be nearer
than 300 feet to any other street within the same block and intersecting
the same state, county or municipal street.
D.
The design of the private street, construction materials
and construction method shall be in accordance with standards set
forth herein. Requirements stated within this section are considered
as minimum.
E.
The strip of land designated as a private street shall
not be less than 50 feet in width.
F.
A private street shall have a frontage of at least
50 feet at the intersection of a public street and shall intersect
a public street as nearly at right angles as is practicable, but in
no case shall the intersection be less than 60°. The geometry
and alignment of private streets shall be consistent with sound planning
practices as approved by the Planning Board.
G.
Provisions for sight easements at the intersection
of a private street shall be made as deemed appropriate by the Planning
Board.
H.
A private street shall have generally a minimum grade
of 1% and shall not have a grade of less than 1/2% nor greater than
10%. Grades shall be no more than 2% within 35 feet of the point of
intersection with a public street right-of-way.
I.
A private street shall terminate in a turn area which
meets the approval of the Borough Engineer and the Planning Board.
The Planning Board encourages a loop configuration rather than a cul-de-sac.
J.
Drainage structures for a private street shall be
of a type, size and location (on-site, on-tract, off-site or off-tract)
as reasonably required to provide proper drainage and shall be approved
by the Borough Engineer and the Planning Board.
K.
Monuments for a private street shall be the size and
shape as required by N.J.S.A. 46:23-9.4[1] and shall be placed in accordance with the statute prior
to the approval of the private street by the Borough Engineer. Final
approval of a subdivision with a private street shall not be granted
until the required monuments are in place or a suitable guaranty for
their installation has been posted with the Borough of Mendham.
[1]
Editor's Note: N.J.S.A. 46:23-9.4 was repealed
by L. 1960, c. 141, p. 668, § 8.
L.
The improved width of a private street at its point
of intersection with a public street right-of-way shall be 24 feet
and tapering to a width of 20 feet at a distance of 35 feet from the
point of intersection and shall be improved with bituminous concrete.
The intersection apron shall be of bituminous concrete and shall be
curbed with mountable curbing and with apron thicknesses and widths
as recommended by the Borough Engineer. The street intersection shall
be improved and maintained by the owner(s) according to applicable
sections for streets that are not classified as private. Shoulders
along the tapering portion of the private street where curbs have
not been required shall be of crushed stone.
[Amended 9-6-1988 by Ord. No. 15-88]
M.
A private street shall be graded to a width of 30
feet and improved to a width of 20 feet. For grades of less than 6%,
the street shall be improved from a point 35 feet from its intersection
with a public street right-of-way with crushed stone or bituminous
concrete as recommended by the Borough Engineer. For grades of 6%
and greater, the street shall be improved from a point 35 feet from
its intersection with a public street right-of-way with bituminous
concrete and mountable curbing. The subgrade shall be approved by
the Borough Engineer as suitable for these specifications. Shoulders
for the streets where curbs have been required and where bituminous
concrete is required shall be of crushed stone. Mountable concrete
or stone curbing shall be installed to protect the roadway or drainage
structures where recommended by the Borough Engineer.
[Amended 9-6-1988 by Ord. No. 15-88]
A.
Base. The base for bituminous concrete shall be of
quarry-processed stone conforming to the Soil Aggregates Type 5, Class
A, New Jersey State Highway Department Standard Specifications, 1961,
compacted to a thickness of from four inches to six inches, as recommended
by the Borough Engineer. Compaction shall be accomplished by a ten-ton,
three-wheel roller.
B.
Crushed stone pavement. The above requirement for
base shall be the requirement for those streets or for those sections
of a street for which pavement by crushed stone has been recommended
by the Borough Engineer and approved by the Planning Board for grades
of less than 6%.
C.
Crushed stone shoulders. The above requirements for
base shall be the requirements for improved shoulders along noncurbed
bituminous concrete pavements. Shoulder improved width shall be three
feet.
D.
Prime coat. The prime coat shall be asphaltic oil,
tar or emulsified asphalt and shall be applied to the compacted base
prior to the application of bituminous concrete at a rate of from
0.10 gallons to 0.25 gallons per square yard, depending upon temperatures
of base, atmosphere and environment as directed by the Borough Engineer.
E.
Bituminous concrete surface course. Fine aggregate
bituminous concrete (FABC) as a single lift (layer) with a compacted
thickness of two inches shall be laid on the base, after the prime
coat has been applied to the base. Compaction shall be accomplished
by a ten-ton, tandem two-wheel roller. FABC shall be used at the following
locations: where grades are in excess of 6%; for aprons; and wherever
recommended by the Borough Engineer and approved by the Planning Board.
F.
Curbs. Curbing where required shall be of granite
block construction. Curbing shall be installed at the following locations:
at street intersections; on grades of 6% or greater; and where required
for the protection of drainage structures as recommended by the Borough
Engineer.
G.
Earthen shoulders. Where recommended by the Borough
Engineer and approved by the Planning Board as adequate and practical
in use, shoulders along noncurbed bituminous concrete pavement may
be of seeded, compacted earth. Shoulder width shall be three feet.
This provision is conditioned on the season of the year in which construction
is to be accomplished.
H.
Subgrade. The subgrade shall be rolled with a ten-ton,
three-wheel roller, with a minimum of five passes, until thoroughly
compacted.
I.
Cuts, fills and slope rights (rough grading and bringing
to subgrade). The top of a cut or bottom of a fill shall not be closer
than 10 feet to an adjoining property or proposed lot line, unless
otherwise approved by the Planning Board. Where applicable, slope
rights shall be granted.
[Amended 6-7-1999 by Ord. No. 15-99]
Except as may be required by N.J.S.A. 40:67-23.2
et seq. for a qualified private community, on private streets, no
municipal services other than police, fire and first aid protection
shall be provided by the Borough of Mendham. This shall be considered
as a restriction on and a condition of approval on any subdivision
containing a private street, and a statement to this effect shall
be placed upon the subdivision plan thereof before final approval
is given.
All private streets, whether existing or hereafter
established, shall be maintained in a condition that will permit the
safe passage of police, fire, first aid or other emergency vehicles.
This requirement shall be noted on the final plat and shall be stipulated
in any deed of conveyance of title to property served by a private
street, including the proportionate allocation of cost of maintenance
for each property with respect to all properties so served. If, in
the opinion of the Borough Council, after a report from the Borough
Engineer, any private street is not maintained in such safe condition,
after written notice to the owners and a hearing by the Borough Council,
said private street may be repaired at the Borough Engineer's direction
and the owner(s) specially assessed for the cost thereof.
[Added 6-7-1999 by Ord. No. 15-99; amended 4-2-2007 by Ord. No. 3-07]
Any violation of the provisions of this article shall be punishable, upon conviction, according to the penalties provided in § 1-15 of this Code.
