[HISTORY: Adopted by the Township Committee
of the Township of Holland 7-18-1989 by Ord. No. 1989-7. Amendments noted where
applicable.]
The purpose of this chapter is to set certain
standards for the design, location and construction of driveways and
driveway openings in order to promote the safety, public welfare and
general welfare of the municipality through, among other things, the
lessening of soil erosion, ensuring emergency vehicle access, promotion
of traffic safety and preservation of municipal road structures.
As used in this chapter, the following terms
shall have the meanings indicated:
Any lane, way, opening, construction entrance or privately
owned road entering upon any street within the municipality, excepting
field openings to nonresidential land used exclusively for farming
purposes.
An existing driveway is modified within the meaning of this
chapter when it is paved, widened or narrowed, when its horizontal
location or vertical elevation is changed or when drainage facilities
are installed or replaced.
The Township of Holland, in the County of Hunterdon, New
Jersey.
Either an existing street owned, accepted or maintained by
the municipality or a street in a development approved by the Municipal
Planning Board or Board of Adjustment, which street, according to
the terms of such approval or the plat approving such development,
is to be accepted and maintained by the municipality.
A driveway whose grade rises in elevation from the existing
grade at the edge of the street.
[Amended 10-19-1999 by Ord. No. 1999-9; 2-3-2004 by Ord. No. 2004-1; 7-6-2010 by Ord. No. 2010-12A; 10-19-2010 by Ord. No. 2010-20]
No driveway which connects with a street may be constructed or modified unless the owner first obtains a driveway permit from the Township Zoning Officer. The applicant for a driveway permit shall pay the Township an application fee and a deposit, as established in Chapter 83, Fees, for the following:
A.
An existing driveway which is modified only, and the modification
is solely repaving an already paved driveway with no change in driveway
location or elevation.
B.
An existing driveway which is modified only, and the modification
is solely paving the existing stone or other surface of an existing
driveway with no change in the driveway location or elevation.
C.
New driveway construction or horizontal or vertical relocation of
an existing driveway.
D.
Where a previously issued driveway permit is requested to be amended, changed, or modified at the owner's request, a permit reissuance fee shall be paid to the Township. An amended driveway plan must also then be submitted for review and approval in accordance with § 72-13 of this chapter.
F.
The application fee paid pursuant to Subsection C, just above, and Chapter 83, shall be applied to cover the costs of the review and approval of the driveway permit application, plus a maximum of two site visits by the Township Engineer or his designee for inspection of the driveway construction. Each additional such site visit, above and beyond the two site visits, for the purpose of inspecting the driveway construction under Subsection C, above, shall result in a charge against the deposit in the amount of $100.
G.
Upon satisfactory completion of the driveway construction, as determined
by the Township, any unused portion of the deposit shall be returned
to the applicant or other party which paid the deposit.
All driveways to be constructed or modified
shall be done in accordance with the following minimum requirements:
A.
B.
Adjacent driveway openings. A minimum clear distance
of 50 feet shall separate any two driveways (on the same lot or on
adjoining lots) entering upon a single street, as measured along the
right-of-way line.
C.
Drainage facilities. Each driveway shall be constructed
with suitable and adequately designed draining facilities. Wherever
possible, driveway drainage shall be directed into natural drainage
channels. Driveway drainage may be connected with existing drainage
facilities within the street right-of-way, provided that said connection
does not interfere with existing drainage or cause erosion or deposits
of sediment in the municipal drainage system. Driveway drainage systems
shall not discharge onto adjoining properties, causing erosion or
sediment damage or flooding, and shall not discharge onto the paved
or traveled portion of any street.
D.
Sight distance required.
(1)
Exit driveways. Any driveway used for exit onto a
street shall be designed in a profile, grading and location to permit
a minimum sight distance of 150 feet measured in each direction along
the center line of the intersecting street. The sight distance measurement
shall be from a sight point on the center line of the exit driveway
15 feet behind the curbline of the street or, if no curbline exists,
a minimum of 30 feet from the center line of the intersecting street.
A clear sight triangle shall be established connecting the sight points
described above and shall be graded and otherwise kept free of shrubbery,
fences, structures, etc., in order to maintain clear vision between
sight points.
(2)
Entrance driveways. Any driveway used for entrance
from a street shall be located to permit a minimum sight distance
of 150 feet for left-turning vehicles from the intersection of the
driveway and street center lines.
(4)
Commercial, industrial, etc., driveways. As to a driveway on a lot whose principal use is described in § 72-7B below, but not an industrial principal use, the above minimum sight distances and dimensions shall be increased by 50%. For a lot whose principal use is industrial, sight distances shall be increased by 100%.
E.
Permitted slope at intersection. The portion of any
driveway within the street right-of-way shall be constructed so that
the grade at the right-of-way line is not less than three inches nor
more than six inches above the edge of the existing pavement or traveled
way.
All driveways constructed or modified shall
intersect perpendicularly to the existing street pavement or traveled
way. Any curved or angular approach of the driveway for aesthetic
or topographical reasons shall be accomplished outside of the street
right-of-way or beyond 25 feet from the center line of the existing
pavement, whichever is greater.
To assure adequate access for motor vehicles,
any vertical curve on a driveway shall be flat enough to prevent the
dragging of any vehicle undercarriage. Vertical curves shall not exceed
a three-inch crest or a two-inch depression on a ten-foot chord.
All driveways shall be designed and constructed
to the width standards specified below. Driveway width shall be the
curb-face to curb-face dimension or pavement edge-to-edge dimension
where curbs are not required and shall be measured at the street right-of-way
line or at a point 25 feet from the center line of the street, whichever
is greater:
A.
Driveways serving lots whose principal use is single-family residential, including home occupations or farm, agricultural or horticultural or a kennel shall have a minimum width of 12 feet and may taper to a minimum width of 10 feet beyond the right-of-way line. A driveway shall be flared on each side as it touches the intersecting street pavement or traveled way. (See Figure 1 and Figure 2 for typical residential intersection details.[1])
[1]
Editor's Note: Figures 1 and 2 are included
at the end of this chapter.
B.
Driveways serving lots whose principal use is multifamily residential, commercial, industrial or other use than those stated in Subsection A just above shall be designed to accommodate commercial vehicles and higher traffic volumes, but in no event shall exceed a maximum width of 35 feet within the street right-of-way line.
No new driveway shall be constructed at a profile
grade exceeding 15% at any point. If a proposed uphill driveway will
exceed a profile grade of 5% anywhere within the first 200 feet, as
measured from the street right-of-way line along the driveway center
line, then that portion of the driveway which exceeds 5% within the
first 200 feet shall be paved with a bituminous concrete surface or
equivalent.
All driveways shall be constructed and maintained
at all times in such a manner as to prevent erosion of soil and materials
from them and the land behind them. Water and silt shall be prevented
from running onto and accumulating upon the traveled way of streets
or filling up road gutters, catch basins, inlets or pipe drains with
sediment or debris. In the event that the construction of any particular
driveway in the municipality is subject to the standards promulgated
by the New Jersey Soil Conservation Committee and administered by
the Hunterdon County Soil Conservation District, such standards shall
apply whenever such standards are more stringent, detailed or comprehensive
than the standards contained herein.
All driveways shall be constructed so as not
to block or interfere with the drainage within gutters or along the
existing street pavement or traveled way. Under no circumstances shall
the driveway be allowed to extend beyond the edge of the existing
ditch line at an elevation creating an uneven flow line in the gutter
or ditch or beyond the existing edge of pavement creating a hump or
uneven driving surface.
A.
Paved gutter. The construction of a properly sized
dish-type gutter will be permitted, provided that the existing water
flow will not be blocked, altered or changed in any manner.
B.
Culvert or piping. The installations of a suitably
sized reinforced concrete pipe or culvert will 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 approved by the Municipal Engineer.
When a site or lot occupies a corner formed
by two intersecting streets or a street and a County road, no driveway
entrance or exit onto a street shall be located within 100 feet of
the point of tangency of the existing or proposed curb radius of either
street or such street and County road.
Within 50 feet of the center line of a street,
all driveways shall be constructed as follows:
A.
Driveways shall have a paved apron consisting of a
base course of eight inches (compacted thickness) of one and 1/2 inch
quarry process (blend) stone thoroughly rolled and compacted and a
surface course of two inches (compacted thickness) of bituminous concrete
Type FABC-1.
B.
All materials and methods of construction shall comply
with the New Jersey State Highway Specifications for Road and Bridge
Construction, 1983 Edition, and all amendments and revisions thereto.
C.
On unpaved municipal streets, the bituminous concrete
surface course apron pavement may be waived by the Municipal Engineer
when deemed appropriate.
[Amended 2-3-2004 by Ord. No. 2004-1]
The application for a driveway permit shall
contain a plan in sufficient detail for the Municipal Engineer to
determine compliance with the provisions of this chapter. The application
shall include the following information:
A.
A site plan or sketch showing the driveway for its
entire length and its relation to the intersecting street, the proposed
location of dwellings or structures, septic systems, existing or proposed
surface water swales, diversions, etc.
B.
On any driveway where existing lot grades exceed 5%,
a profile of the driveway showing existing and proposed center line
grades and elevations for its entire length shall be required.
C.
A plan showing the type of storm drainage to be constructed
along the driveway and at the driveway intersection with the street,
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 reasonably deemed necessary by the
Municipal Engineer to the proper analysis of the installation shall
also be shown.
D.
The Municipal Engineer shall inspect the premises
and review the driveway permit application and, if the proposed improvements
comply with the standards of this chapter, shall direct the Municipal
Clerk to issue a permit. If the determination is that the proposed
driveway or driveway modifications do not comply with the standards
of this chapter, then the applicant shall receive written notice from
the Municipal Engineer specifying the particulars of noncompliance.
E.
Where the existing topography, configuration or other physical feature of the lot would make conformance to any of the standards of §§ 72-4 through 72-12 of this chapter impracticable or would occasion undue environmental damage, the Municipal Engineer, upon written request of the applicant stating the reasons for the request, may allow a deviation from such standards of §§ 72-4 through 72-12, in a manner which does not compromise the purposes of this chapter, and may direct the issuance of a permit hereunder with such deviation.
[Added 5-7-1991 by Ord. No. 1991-5]
[1]
Editor's Note: Former § 72-14, Appeals, was repealed
7-16-2009 by Ord. No. 2009-10.
A.
No construction permit shall be issued for the construction
or alteration of any structure where inherent in any application for
such permit a driveway permit is required in accordance with the terms
of this chapter, until such driveway permit has been issued.
B.
When an uphill driveway grade will exceed 10% anywhere within the first 200 feet as measured from the street right-of-way line, then the driveway permit shall be issued only on the condition that all driveway construction shall be completed before the issuance of a construction permit. This includes the completion of the bituminous concrete surface course as stipulated in § 72-8.
C.
Except as provided above, all work and improvements
required by the driveway permit shall be completed prior to issuance
of the certificate of occupancy. However, in the event that the necessary
work and improvements cannot be completed at the time of application
for a certificate of occupancy because of unsatisfactory weather conditions,
such as cold or freezing temperatures or wet soil conditions, or because
of other unusual conditions which would cause undue hardship to the
property owner, the certificate of occupancy may be issued provided
that a cash performance guaranty, in the minimum amount of $1,000
and sufficient in amount to cover the estimated cost of said work
or uncompleted portions thereof, as established by the Municipal Engineer,
is filed with the Municipal Clerk.
D.
Upon certification by the Municipal Engineer that
all work and improvements required by the driveway permit have been
completed, the Municipal Clerk shall return any remaining amount of
the performance guaranty to the person who supplied the same.
Any person or persons, firm or corporation violating
any provision of this chapter which results in damage to or obstruction
of any public road, gutter, storm drain, ditch, basin, inlet or culvert
during or following construction shall be responsible for all expenses
incurred by the municipality in repairing said damage or removing
said obstruction, in addition to the penalty herein provided.
[Amended 9-5-1989 by Ord. No. 1989-9]
Any person or 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, or imprisonment for a period
not to exceed 90 days, or both. Each and every day that a violation
continues after notification thereof shall constitute an additional,
separate and specific violation.
The short title of the above chapter shall be
the "Holland Township Driveway Ordinance."
