[HISTORY: Adopted by the Borough Council
of the Borough of Alpine 11-17-2003 by Ord. No. 620. Amendments noted
where applicable.]
This chapter shall be known as the "Borough
of Alpine Driveway Ordinance."
The purpose of this chapter is to control the
access to lots and parcels of land lying within the Borough of Alpine
so as to assure that any access provided to such lots or parcels of
land meet the minimum requirements hereinafter set forth and to provide
safe ingress and egress to such property.
A.
No new driveway may be constructed by any person,
firm, partnership, corporation or other business entity without first
obtaining a permit from the Borough of Alpine Construction Code Official.
The Borough Engineer shall be authorized to review and approve of
all driveway construction permits.
B.
No existing driveway may be relocated or expanded,
repaved or replaced, for a total area greater than 10% of the area
of the existing driveway, by any person, firm, partnership, corporation
or other business entity without first obtaining a permit from the
Borough of Alpine Construction Code Official. The Borough Engineer
shall be authorized to review and approve of all driveway construction
permits.
C.
A permit shall be required from the Borough of Alpine
Construction Code Official, which has been reviewed by the Borough
Engineer, for the expansion, repair, replacement or repaving of an
existing driveway at the point of intersection with an abutting road.
A permit shall be required even if the area that is to be expanded,
repaired, replaced or repaved is less than 10% of the area of the
existing driveway.
The application shall set forth and require:
A.
The applicant and/or owner's name, address and property
location.
B.
Proposed construction schedule.
C.
A property survey map accurately depicting the current
conditions on the property, including any existing or proposed underground
pipes, septic system or well located within 25 feet of the proposed
driveway.
D.
A scaled drawing superimposed on a copy of the above-noted
survey indicating the size, location and construction materials to
be used, details of proposed walls and identification of utility conflicts.
E.
Grades, sections and profiles if deemed necessary
by the Borough Engineer.
F.
Dimensions and details sufficient to indicate conformance
with the applicable zoning requirements.
G.
The edge of the right-of-way of the abutting road.
H.
The edge of the pavement of the abutting road, type
of road surface, culverts, utility poles, storm drains, swales and/or
ditches within the right-of-way in front of the subject property.
I.
Proposed storm drainage improvements, if any, in accordance
with appropriate engineering design standards.
The application shall set forth and require:
A.
The applicant and/or owner's name, address and property
location.
B.
Proposed construction schedule.
C.
The edge of the right-of-way of the abutting road.
D.
The edge of the pavement of the abutting road, type
of road surface, culverts, utility poles, storm drains, swales and/or
ditches within the right-of-way in front of the subject property.
E.
Proposed storm drainage improvements, if any, in accordance
with appropriate engineering design standards.
At the point of intersection with the abutting
road, the driveway shall provide an even surface with the traveled
way or shoulder and shall not extend into the traveled way or shoulder
in a manner as to cause a sharp increase or decrease in elevation,
thereby creating an uneven driving surface. Any disturbance to the
curb or the roadway shall require compliance with the Borough of Alpine's
ordinances regarding road openings and curbs. It shall be the responsibility
of the property owner to repair any damage to the abutting roadway.
A.
Before such permit shall be granted for a driveway,
the Borough Engineer shall review the plans and application submitted
to ensure that the proposed construction meets the requirements of
the Borough of Alpine Code.
B.
Prior to the use of the constructed driveway, the
Borough Engineer shall inspect the work and issue a certificate of
approval for its use if it is found to be in conformance with the
approved permit and applicable codes.
C.
Use of the driveway without a certificate of approval
shall constitute a violation of this chapter.
Driveway permit fees shall be assessed against
the applicant for the permit as follows:
A.
The applicant shall pay an application fee of $300,
which fee shall include the cost of two driveway inspections. Any
additional inspections shall require an additional payment of $85
per inspection. This shall not apply to new, single-family houses
whose site plan includes specifications for a driveway.
B.
Permit to install, expand, repair, repave or replace
existing driveways shall be:
[Amended 4-27-2011 by Ord. No. 721; 4-22-2015 by Ord. No. 754; 3-27-2019 by Ord. No. 781]
Any person aggrieved by the decision or action
of the inspecting official under this chapter may appeal that decision
to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70b.
Such appeal such 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 regulations of the Zoning Board of Adjustment
and a decision rendered in accordance with the requirements of N.J.S.A.
40:55D-73.
Any person, persons, firm or corporation violating
any of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine not to exceed $500. Each and every day that a
violation continues after notification thereof shall constitute an
additional, separate and distinct violation.
This chapter shall take effect immediately upon
passage and publication in the manner provided by law. Fees and deposits
established herein may be adjusted from time to time by publication
of a fee schedule or fee schedule ordinance.
