Township of Franklin, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Franklin 12-30-1985 as Ord. No. 85-6. Section 67-15B amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 55.
Land use and development — See Ch. 90.
Soil removal — See Ch. 116.
Streets and sidewalks — See Ch. 120.

§ 67-1 Title.

This chapter shall be known and may be cited as the "Franklin Township Driveway Ordinance of 1985."

§ 67-2 Purpose.

The purpose of this chapter is to assure the proper installation and alteration of all private driveways in the Township of Franklin, 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 minimize efforts to assure the public and service vehicles the right to safe and comfortable use of public roadways and private driveways.

§ 67-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL AND HORTICULTURAL USE
That use of lands and premises as defined under the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1), as provided under N.J.S.A. 54:4-23.1 and 54:4-23.4, irregardless of acreage for compliance.
ALTER DRIVEWAY
A driveway is altered within the meaning of this chapter 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."
COMMERCIAL DRIVEWAY
One providing access to an office, retail or institutional building or to an apartment building having more than five dwelling units or any other use classified as commercial or institutional in the Franklin Township Land Use Ordinance,[1] but not by way of limitation thereof. Industrial plant driveways whose principal function is to serve administrative or employee parking lots are considered "commercial driveways."
DRIVEWAY
In addition to its regularly accepted common meaning, also refers to any lane, way, field entrance or privately owned road, except as hereinafter exempted in § 67-4.
INDUSTRIAL DRIVEWAY
One directly serving substantial numbers of truck movements to and from loading areas of an industrial facility, warehouse or truck terminal.
PLOT PLAN OR SKETCH
A construction plot plan prepared by a licensed professional engineer in the State of New Jersey; or prepared by the owner containing sufficient detail and determined to be acceptable by the Township Engineer that complies fully with all provisions of this chapter.
[Amended 2-10-2003 by Ord. No. 2003-4]
RESIDENTIAL DRIVEWAY
One providing access to a single- or multifamily residence or to an apartment building containing five or fewer multifamily residences or to an apartment building containing five or fewer dwelling units.
ROADWAY
The portion of a public road right-of-way on which travel is conducted.
STANDARD SPECIFICATIONS
The New Jersey State Department of Transportation Specifications for Road and Bridge Construction, 1989, and amendments thereto.
[Amended 2-10-2003 by Ord. No. 2003-4]
[1]
Editor's Note: See Ch. 90, Land Use and Development.

§ 67-4 Exemption.

All lands and premises used for agricultural and horticultural purposes and served by a driveway solely for access to fields and woods for said agricultural or horticultural purposes and not for residential or commercial uses in conjunction therewith are hereby deemed exempt from the provisions of this chapter, with the exception of the provisions of § 67-11B and C.

§ 67-5 Permit required; application.

[Amended 2-10-2003 by Ord. No. 2003-4]
A. 
No person or persons, corporation or corporations, industry or commercial establishment shall cut or construct or alter any driveway from private property to a Township road without first having secured a permit from the Franklin Township Engineer. The application for such permit shall include a plot plan or sketch (minimum scale at one inch = 50 feet), submitted in triplicate, including the location of the proposed driveway. The plot plan or sketch shall include the following:
(1) 
The name and address of the owner and applicant, Tax Map sheet, block and lot number.
(2) 
Property lines.
(3) 
Setback and location of structures.
(4) 
Curb, if any.
(5) 
Utility installments affecting the driveway.
(6) 
Sidewalk, if any.
(7) 
Trees and other obstructions within proposed sight triangles for a minimum distance of 200 feet in each direction of the proposed driveway location.
(8) 
Advisory, directional, regulatory and advertising signs within sight triangles.
(9) 
Location of existing driveways on the lot in question and adjoining lots.
(10) 
Driveway width, slope and proposed driveway cross section. Additional information may be required for driveways in excess of 12% slope.
(11) 
Driveway angle.
(12) 
Curbline opening.
(13) 
For other than single-family residential, the estimated number of cars and trucks using the driveway each day.
(14) 
Type of storm drainage to be constructed at the driveway entrance to the public road (i.e., dish-type gutter, pipe or culvert). Sizes of pipes, culverts and gutters, grades, elevations, typical cross sections, construction details and any other information deemed necessary to the proper analysis of the installation may also be shown.
B. 
The Township Engineer may require that additional information, such as a driveway plan and profile and a drainage plan, be prepared by a professional engineer licensed in the State of New Jersey in those instances where the Township Engineer has determined that conditions are such that the driveway design and drainage plan will require the application of engineering expertise.
C. 
Upon receipt of an application, together with said drawings, the Township Engineer shall inspect and study the site of the proposed driveway, lane or other entrance, and in the event that, in his opinion, there are changes or additions to be made in order to comply with the requirements of this chapter, they shall be so stated and outlined on the application and drawings and be made known to the applicant by the Township Engineer.
D. 
If a driveway existed at the date of the adoption of this chapter and the owner proposes to alter the same, then the owner shall file an application with the Township Engineer on forms provided for existing driveway improvement. The Township Engineer shall inspect the premises and review the application as to the proposed improvement, and if it is his determination that the proposed improvement complies with the standards of this chapter, then in that event the Township Engineer shall issue a permit to said applicant. If the determination is that the proposed improvement of the driveway does not comply with the standards of this chapter, then the applicant will receive written notice to comply with the remaining provisions of the chapter.
E. 
The Building Construction Officer shall not issue a building permit until an approved driveway permit has been issued.

§ 67-6 Fees.

[Amended 1-25-1988 by Ord. No. 88-3; 2-10-2003 by Ord. No. 2003-4; 11-3-2002 by Ord. No. 2003-18]
There shall be submitted with an application for a driveway permit the following nonrefundable fees, payable to the Township of Franklin:
A. 
Permit application fee: $25.
B. 
Driveways up to 4% slope and 100 feet in length, engineering review and inspection escrow fee: $200.
C. 
Driveways over 4% slope and 100 feet in length, engineering review and inspection escrow fee: $250.
D. 
Where driveway slopes exceed 12%, an additional fee of $300 shall be deposited with the application to defer the costs associated with review of the increased complexities of design and construction.
E. 
Where the review and inspection costs exceed, or are anticipated to exceed, the initial escrow deposit, the applicant shall pay the additional amount prior to the issuance of a certificate of approval (CA)

§ 67-7 Location.

[Amended 2-10-2003 by Ord. No. 2003-4]
All entrance and exit driveways to a Township road shall be located to afford maximum safety to traffic on said Township road in accordance with the following requirements and standard specifications as defined in § 67-3 and the New Jersey State Department of Transportation Specifications for Road and Bridge Construction, 1989, and amendments thereto.
A. 
Driveways shall be not less than 75 feet from any street intersection.
B. 
No part of any driveway shall be located within a minimum of 10 feet of a side property line unless one driveway serves two lots.
C. 
Where two or more driveways connect a single site to any one Township road, a minimum clear distance of 150 feet measured along the right-of-way line shall separate the closest of any two such drives.
D. 
Driveways shall be so designed as to allow motor vehicles to turn around on the site in order to make it unnecessary to back any motor vehicle onto the street.
E. 
Whenever possible, all driveways shall be designed in profile, grade, and location to permit a minimum sight distance in accordance with the following table. Roads which are not posted for speed limits shall be considered to be 50 mph, unless, in the opinion of the Township Engineer, the applicant's engineer can demonstrate in writing that the horizontal geometric considerations, or location, dictate otherwise. The sight distance measurement shall be from a sight point four feet above the ground on the center line of the driveway and 10 feet behind the curbline of the thoroughfare, and if no curbline exists, a minimum of 10 feet from the edge of the road. A clear sight triangle shall be established connecting the sight points described above, and shall be graded and otherwise kept free of trees, shrubbery, fences, structures, etc., in order to maintain clear vision between sight points. All driveways, including exit or entrance driveways, shall be located to afford maximum safety to the traffic on the Township road.
[Added 2-10-2003 by Ord. No. 2003-4]
Allowable Speed on Township Road
(mph)
Required Sight Distance
(feet)
25
240
30
275
35
315
40
350
45
420
50
475
NOTE: In no instance shall the sight distance be less than 200 feet.
(1) 
All applicants shall take the required action to obtain the required sight distance immediately after receipt of initial driveway permit approval and during the commencement of the drives construction. In no instance will a temporary or a permanent certificate of approval be granted until the required sight distance on the approved plan appears different than that in the field, the engineer may require a statement by the applicant's engineer on the engineer's letterhead attesting that the required sight distance has been met.
(2) 
Any and all actions taken to obtain the required minimum sight distance shall be done in a lasting and permanent manner.
(3) 
Any trees shall be removed within the sight triangle.

§ 67-8 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. 
Within the right-of-way limits, the finished grade of the driveway shall be no greater than 6%.
B. 
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.
C. 
The driveway shall slope upward or downward from the gutter line on a straight slope of a maximum of 6% at least 20 feet long for residential driveways and 40 feet long for commercial and industrial driveways, unless otherwise specified by the Township Engineer.
[Amended 2-10-2003 by Ord. No. 2003-4]
D. 
At no point shall the finished grade of the driveway be greater than 15%.
[Added 4-30-1990 by Ord. No. 90-5]

§ 67-9 Angle of roadway.

A. 
Two-way operation. All driveways constructed or altered between the driveway center line and the near edge of the roadway shall be 90°. Any curved or 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.
B. 
One-way operation.
(1) 
Right turn only. Driveways shall not form an angle smaller than 45° with a street unless acceleration and deceleration lanes are provided.
(2) 
Both left- and right-hand turn. Driveways shall intersect the street at an angle as near 90° as site conditions allow and in no case less than 75°.
[Amended 2-10-2003 by Ord. No. 2003-4]
C. 
Commercial and industrial driveways. Industrial driveways shall be designed for their particular situation, using turning templates to test truck movements to and from both directions of travel. Flat angles and one-way drives should be utilized whenever feasible to facilitate the movement of trucks on and off traveled ways without impeding through traffic. Driveway exits for one-way operation shall be at an angle not less than 30°.
D. 
All curves along the course of any driveway of over 100 feet in length to be constructed or altered shall have radii of sufficient length to allow standard fire-fighting vehicles to negotiate the driveway without difficulty. For the purpose of this determination, the American Association of State Highway Officials SU design vehicle shall be used for design purposes.
[Added 4-30-1990 by Ord. No. 90-5; amended 2-10-2003 by Ord. No. 2003-4]
E. 
Driveways of 400 feet or more in length shall have facilities suitable for fire engine turnaround consisting of the following:
[Added 2-10-2003 by Ord. No. 2003-4]
(1) 
K-turn with fifty-foot depth, fourteen-foot width and with sufficient radii to satisfy § 67-9D within 200 feet, but not less than 75 feet of the dwelling; or
(2) 
Looped driveway of fourteen-foot width and fifty-foot or more center-line radius.

§ 67-10 Dimensions.

[Amended 2-10-2003 by Ord. No. 2003-4]
Driveways shall be designed to accommodate adequately the volume and normal character of vehicles anticipated to be traveling the driveway. The required maximum and minimum dimensions for driveways are indicated in the following table. Driveways serving large volumes of daily traffic or industrial driveways as defined herein (traffic over 25% of which is truck traffic) shall be required to use the maximum dimensions in as shown on such table.
DRIVEWAY DIMENSIONS
Type of Driveway
Driveway Width
(feet)
Depressed Curb
(feet)
Curb Return Radius
(feet)
Residential
One-way operation
10-15
16-21
5-15
Two-way operation
10-16
16-21
5-15
Commercial
One-way operation
10-15
16-21
15-40
Two-way operation
24-30
30-36
15-40
Industrial
One-way operation
12-24
18-30
25-50
Two-way operation
24-30
30-36
25-50

§ 67-11 Erosion control.

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 drainpipes.
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 Engineer, correct the conditions causing said problems within 14 days of said notification. Failure to make such corrections shall be in violation of this chapter.
[Amended 2-10-2003 by Ord. No. 2003-4]
C. 
The owner of any existing driveway which causes the depositing of soot and debris upon the roadway shall immediately remove the same therefrom, but in any event, the same shall be removed within 24 hours of written notice by the Township Engineer. Failure to make such corrections shall be a violation of this chapter.
[Amended 2-10-2003 by Ord. No. 2003-4]

§ 67-12 Drainage.

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 gutter line of a 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 Township Engineer, the driveway may be constructed to have a sufficient rise above shoulder level to prevent excessive runoff from the roadway onto adjacent property.
[Amended 2-10-2003 by Ord. No. 2003-4]
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 suitable-sized reinforced concrete pipe culvert or approved equivalent 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 Engineer. No pipe or culvert shall be less than 15 inches in diameter.
[Amended 2-10-2003 by Ord. No. 2003-4]
D. 
The installation of suitable-sized cross drains shall be required at points along the driveway as deemed necessary by the Township Engineer in order to prevent the accumulation of large quantities of runoff waters and effects of soil erosion on the public right-of-way or adjoining property.

§ 67-13 Construction materials.

[Amended 2-10-2003 by Ord. No. 2003-4]
Driveways shall be constructed of the following materials:
A. 
Residential driveways entering unpaved roads.
(1) 
Six inches (compacted thickness) of one-and-one-half-inch quarry process (blend) stone, three-fourths-inch dirty road stone or soil aggregate Type 5, Class A, or Type 2, Class B, thoroughly rolled and compacted at the specified width.
B. 
Residential driveways entering paved roads.
(1) 
Driveways with slopes less than 8% shall be constructed with a base course six inches compacted thickness of 1 1/2 inch quarry process (blend) or soil aggregate, Type 5, Class A, or Type 2, Class B, stone or dense graded aggregate thoroughly rolled and compacted. The first 25 feet from the edge of the roadway shall be paved with two inches of bituminous concrete Type F FABC-1, Mix I-5, thoroughly compacted.
(2) 
All driveway slopes in excess of 8% shall be paved with two inches thoroughly rolled and compacted thickness of bituminous concrete Type FABC-1, Mix I-5, over a four-inch soil aggregate Type 5, Class A, or Type 2, Class B, stone or dense graded aggregate thoroughly rolled and compacted.
C. 
Commercial driveways.
(1) 
Base course: four inches (compacted thickness) of 1 1/2 inch quarry process (blend) or soil aggregate, Type 5, Class A, or Type 2, Class B, stone or dense graded aggregate thoroughly rolled and compacted.
(2) 
Base course: four inches (compacted thickness) of plant-mixed bituminous concrete, Mix I-2, thoroughly rolled and compacted.
(3) 
Surface course: two inches (compact thickness) of bituminous concrete Type FABC-1, Mix I-5.
D. 
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 concrete 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. If an existing expansion joint is within four feet of a new depressed concrete curb, the existing curb shall be replaced to that control joint.

§ 67-14 Inspection.

[Amended 2-10-2003 by Ord. No. 2003-4]
A. 
Upon notice to the Township Engineer of the completion of the construction of the driveway, the Township Engineer shall inspect the same and shall determine if the driveway construction is in compliance or noncompliance with standards specified herein. The construction of the driveway shall not be deemed in accord with the provisions of this chapter unless and until the Township Engineer issues a certificate of approval (CA).
B. 
No certificate of occupancy shall be issued by the Building Construction Officer unless all driveways on the lot or site have been completed in accordance with the approved plan and a certificate of approval (CA) has been issued. Inspection to assure compliance will be done by the Township Engineer.
C. 
If, due to inclement weather conditions, it is not feasible in the judgment of the Township Engineer to complete the driveway, a cash bond or certified check in the amount of 120% of the cost of the remaining improvements as determined by the Township Engineer, but in no case less than $1,000, may be submitted to the Township thereby allowing the Township Engineer to release a temporary certificate of approval (TCA) which would allow the Building Construction Officer to release a temporary certificate of occupancy (TCO).
D. 
In the event that the remaining driveway improvements are not completed within one year after the TCO was issued and if the permittee, upon 15 days' notice, does not complete the improvements required by the approved plans under this chapter, the Township may complete the outstanding improvements using the funds available from the bond referenced in § 67-14C.

§ 67-15 Violations and penalties.

A. 
Any person or persons, firm or corporation violating any section of this chapter, which violation 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 Franklin for repairing said damage or removing said obstruction, in addition to the penalties herein provided.
B. 
Any person or persons, firm or corporation who violates any section of this chapter, in addition to the provisions of Subsection A, shall be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both, which may be enforced in the Central Warren Municipal Court or any other court having proper jurisdiction therefor.
[Amended 9-28-1987 by Ord. No. 87-9]