Township of Lebanon, NJ Article V Residential Driveway Construction

[Adopted by Ord. No. 11-1986 (Sec. 10-4 of the 1985 Revised General Ordinances)]

§ 325-37 Purpose.

The purpose of this article is to assure the proper installation and alteration of all private driveways in the Township of Lebanon, to minimize erosion and flow of soil and debris from driveways and surrounding lands onto public roadways and adjoining safety problems on public roadways, to conserve the general value of property within the Township, and to maximize efforts to assure the public and service vehicles the right to safe and comfortable use of public roadways and private driveways.

§ 325-38 Classifications and definitions.

A. For the purpose of this article, the word "driveway" in addition to its regularly accepted common meaning shall also refer to any lane, way or privately owned road.

B. A residential driveway is one providing access to a single- or multifamily residence, or to an apartment building containing five or fewer dwelling units.

C. A driveway is altered in the meaning of this article when it is paved, widened, narrowed, relocated, or when its grade is changed or when it is modified in any way that alters the prior existing drainage from said driveway onto a public right-of-way. Normal maintenance, such as replacing stone or patching asphalt, shall not be considered as altering a driveway.

§ 325-39 Procedure.

[Amended by Ord. No. 20-1988; Ord. No. 14-1989; Ord. No. 2002-08]

A. No person or persons, corporation or corporations, or commercial establishment shall cut or construct or alter any driveway from private property to a public road without first having secured an opening permit from the Lebanon Township Department of Public Works Supervisor or Construction Official, at a fee set forth in Chapter 205, Article II, Fee Schedule, upon application to and approval of same by the said Department of Public Works Supervisor or Construction Official. The application for such permit shall include a drawing or sketch including the location of the proposed driveway. The said drawing or sketch shall include details indicating how said driveway entrance is to be constructed or altered, and shall be in general conformity with the typical plan and profile in Figure 1[1], herein.[2]

[1] Editor's Note: A complete copy of Ord. No. 11-1986 and Figure 1 can be found on file in the office of the Township Clerk.

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

B. The Township Department of Public Works Supervisor shall refer said application and supporting data to the Township Engineer for his review and recommendations in instances where, due to the severe or unusual characteristics of the particular site in question, including driveway construction on slopes greater than 15%, engineering review is appropriate or necessary.

C. Upon receipt of an application together with the said drawings, the Department of Public Works Supervisor or Construction Official shall inspect and study the site of the proposed driveway, lane or other entrance and in the event, in his opinion, there are changes or additions to be made in order to comply with the requirements of this article, they shall be so stated and outlined on the application and drawings, and be made known to the applicant by the Department of Public Works Supervisor or Construction Official.

D. All costs of materials required and work performed shall be borne by and paid by the applicant or owner of the affected property.

§ 325-40 Slope.

All driveways to be constructed, or existing driveways to be altered, which intersect with the right-of-way line of any existing or future public road shall be constructed or altered in accordance with the following minimum requirements:

A. All driveways shall be constructed or altered so as to slope from the public road right-of-way line toward the edge of the existing shoulder or traveled way in accordance with the following schedule:

(1) Within 25 feet from the edge of the road, the finished grade of the driveway shall be no greater than 6%.

(2) In instances where the driveway to be constructed or altered intersects a roadway with a shoulder, the driveway grade shall be the grade of the shoulder.

(3) The driveway shall slope upward from the gutter line on a straight slope at least 10 feet long for residential driveways, unless otherwise specified by the Department of Public Works Supervisor or Township Engineer.

§ 325-41 Angle of roadway.

All residential driveways constructed or altered within a public road right-of-way shall be constructed so that the angle between the driveway center line and the near edge of the roadway shall be not less than 60°. Any curved or reduced angular approach of the driveway for aesthetic or topographical reasons shall be accomplished outside of the public road right-of-way or a right-of-way 50 feet in total width, whichever is wider.

§ 325-42 Width.

[Amended by Ord. No. 20-1988]

All residential driveways constructed or altered within public road rights-of-way shall have a minimum driving width of 10 feet. Leading from the edge of the public roadway along the driveway there shall be a widened approach which shall depend upon the conditions of the specific location and shall be as specified and directed by the Department of Public Works Supervisor or Construction Official. In no case shall the widened approach be less than the equivalent to a radius of five feet on each side of the driveway as they intersect the public roadway.

§ 325-43 Erosion control.

[Amended by Ord. No. 20-1988]

A. All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of soil and debris from them and land adjoining them. Silt and debris shall be prevented from running onto the public roadways and adjoining property and from entering road gutters, catch basins, inlets or drain pipes.

B. The owner of any existing driveway which causes problems of soil erosion or excess runoff within the public right-of-way or on adjoining property shall, upon written notice from the Township Department of Public Works Supervisor or Construction Official, correct the conditions causing said problems within 30 days of said notification. Failure to make such correction shall be in violation of this article.

§ 325-44 Drainage.

[Amended by Ord. No. 20-1988]

A. All driveways constructed or altered within the public road right-of-way shall be constructed in such a manner as not to interfere with the drainage along the existing pavement or traveled way. Under no circumstance shall the driveway be allowed to extend beyond the edge of the existing ditch line of the public roadway and create a hump or uneven driving surface on the pavement or traveled way or shoulder. In certain situations, as determined by the Department of Public Works Supervisor, the driveway may be constructed to have a sufficient rise above shoulder level to prevent excessive runoff from the roadway onto adjacent property.

B. The construction of a properly sized dish-type gutter will be permitted, provided that existing water flow will not be blocked, altered or changed in any manner.

C. The installation of a suitably sized reinforced concrete pipe or culvert shall 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 subject to the approval of the Township Department of Public Works Supervisor or Construction Official. No pipe or culvert shall be less than 15 inches in diameter.

§ 325-45 Construction material.

Those portions of driveways constructed or altered within public roads or rights-of-way or within 25 feet of the edge of public roadway, whichever is greater, shall be constructed of the following materials:

A. Driveways entering public roads:

(1) Base course: four inches (compacted thickness) of one-and-one-half-inch quarry process (blend) or dense grated soil aggregate, stone thoroughly rolled and compacted.

(2) Surface course: 1 1/2 inches (compacted thickness) of bituminous concrete Type FABC-1.

B. Driveways entering curbed roads:

(1) Curbs crossing driveways shall be constructed or reconstructed to provide a depression with a two-inch curb height relative to the edge of the roadway pavement. The top of the depressed curb shall be sloped down toward the roadway to provide a one-and-one-half-inch curb face.

(2) The total depth of curb shall be maintained across the depression.

(3) Transitions from the depressed curb to the full faced curb shall be over a maximum length of 18 inches.

(4) The width of the depressed curb shall be subject to approval of the Department of Public Works Supervisor.

C. All materials shall comply with the New Jersey Department of Transportation Specifications for Road and Bridge Construction, 1983 Edition, and all amendments and revisions thereto.

D. Alternate base course or surface course materials may be permitted subject to demonstration that such materials provide equal or greater structural strength and durability.

E. Construction required by Subsections A(1) and B(1) above shall be installed as a temporary access pad prior to endorsement of the permit and/or issuance of a building permit.

§ 325-46 Sight area.

Sight areas on each side of residential driveways shall be cleared and graded to provide unimpeded sight of vehicles approaching on the public roadway.

§ 325-47 Permit endorsement.

[Amended by Ord. No. 20-1988]

A. The Township Department of Public Works Supervisor or Construction Official shall be notified at least 48 hours prior to beginning construction or alteration of the driveway so that he may inspect same during construction or alteration. Upon notice to the Department of Public Works Supervisor or Construction Official of the completion of the construction or alteration of the driveway, the Township Department of Public Works Supervisor or Construction Official shall inspect same and shall endorse an opening permit to evidence compliance or noncompliance with standards specified herein. The construction or alteration of the driveway shall not be deemed in accord with the provisions of this article unless and until the said permit has been so endorsed.

B. In the event the construction or alteration of the driveway entrance is not completed in accord with the permit theretofore issued for such, said permit shall be so endorsed by the Department of Public Works Supervisor or Construction Official, who shall state the manner in which such construction is not in accord with said permit.

C. Failure of the Township Department of Public Works Supervisor or Township Engineer or Construction Official to endorse the opening permit within 21 days after submission of said permit to the Township Department of Public Works Supervisor or Construction Official for endorsement shall be deemed as approval by the Township.

§ 325-48 Modifications.

In the event of any circumstances that would entail an unreasonable hardship upon the owner and/or permittee to construct an entrance driveway, lane or accessway in accord with the above specifications, the Township Department of Public Works Supervisor is authorized to make such modifications thereto as he shall determine feasible and appropriate to afford a good, safe and well-drained driveway intersection in accord with good engineering practices. Any questions on the application or interpretation of the aforestated minimum specifications shall be resolved by the said Township Engineer.

§ 325-49 Building permit and performance guarantee.

A. No building permit shall be issued for the construction or alteration of any structure where inherent in any application for such permit an opening permit is required in accordance with the standards of this article, until the opening permit herein provided for shall have been so endorsed by the Township Department of Public Works Supervisor, and all work required hereunder shall be completed, except that the improvement required by § 325-45B(2) may be completed at any time prior to issuance of the certificate of occupancy.

B. In the event that the improvement required by § 325-45B(2) cannot be completed at the time of application for certificate of occupancy because of unsatisfactory weather conditions, such as cold or freezing temperatures or wet soil conditions, the Department of Public Works Supervisor may endorse the opening permit, provided that a performance guarantee in the form of cash sufficient in amount to cover 1 1/2 times the estimated cost of said work or uncompleted portions thereof is filed with the Township Clerk. Such estimates shall be approved by the Township Department of Public Works Supervisor or Township Engineer.

C. Upon notice to the Township Department of Public Works Supervisor of the completion of said work, the Township Department of Public Works Supervisor shall again inspect same and shall endorse an opening permit as provided for under § 325-47 of this article.

D. When the Department of Public Works Supervisor has endorsed the opening permit and all work required hereinunder shall be completed, the Clerk shall return any remaining amount of performance guarantee held in custody.

§ 325-50 Responsibility for expenses incurred for repairing violations.

Any person or persons, firm or corporation, violating any section of this article which results in damage to or obstruction of any public road, gutter, storm drain, ditch, basin, inlet or culvert shall be responsible for all expenses incurred by the Township of Lebanon for repairing said damage, removing said obstruction in addition to the penalties herein provided.

§ 325-51 Violations and penalties. [1]

Any person or persons, industry or commercial establishment violating any section of this article shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Article II, General Penalty. Each and every month that said violation continues shall constitute a separate and specific violation. In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 325-52 Appeal procedure.

If any person shall be aggrieved by an action of the Department of Public Works Supervisor or Township Engineer under this article, appeal therefrom in writing to the Township Committee may be taken within 10 days after date of such action. The Township Committee shall fix a reasonable time for the hearing of the appeal, giving due notice thereof to the appellant. Said appellant shall at least 10 days prior to the time appointed notify by certified mail all owners of property within 200 feet of the extreme limits of the property to be affected by such appeal, measured along both sides of the public road as they appear on the current municipal tax records. Said notice shall state the time and place of the hearing and the matter being appealed. The appellant shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the Township at least 10 days prior to the hearing. The appellant shall by affidavit present satisfactory proof to the Township Committee at the time of the hearing that said notices have been duly mailed and published as required in this article.