[HISTORY: Adopted by the Township Council of the Township of Lopatcong 2-21-1990 as Ord. No. 1990-4 (Ch. 94 of the 1974 Code of the Township of Lopatcong). Section 105-17 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 203.
Zoning and land use — See Ch. 243.
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 well-being, convenience 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.
For the purposes of this chapter, the following words or terms shall mean:
DRIVEWAY
Any lane, way, opening, construction entrance or privately owned road entering upon any public road within the municipality, except field openings to nonresidential land used exclusively for farming purposes.
MODIFIED
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.
MUNICIPALITY
The Township of Lopatcong, Warren County, New Jersey.
UPHILL DRIVEWAY
A driveway whose grade rises in elevation from the existing grade at the edge of the municipal roadway.
No driveway which connects with an existing or proposed municipal road may be constructed or modified unless the owner first obtains a driveway permit from the Municipal Clerk or Construction Official. The applicant for a driveway permit shall pay the municipality an application fee of $50 upon application. In addition, the applicant shall deposit with the municipality an initial escrow deposit in the amount of $200 to cover the estimated cost of professional review of the application by the Municipal Engineer and other professionals. The escrow account shall be administered in accordance with § 243-28B of the Zoning and Land Use Regulations of the Township of Lopatcong, and the municipality may require replenishment of such escrow in accordance with said section.
All driveways to be constructed or modified shall be done in accordance with the following minimum requirements:
A. 
Number of driveway openings.
(1) 
The maximum number of driveway openings permitted from a commercial or industrial lot to any one road shall be limited as follows:
Length of Lot Frontage
(feet)
Permitted Number of
Driveway Openings
150 or less
1
151 or more
2
(2) 
The maximum number of driveway openings permitted from an interior lot with a detached single-family residential dwelling is as follows:
[Amended 6-7-2006 by Ord. No. 2006-11]
Type of Lot
Type of Driveway
Permitted Number of Driveway Openings
Lot, interior
Dual purpose
1
Lot, interior
Circular driveway with separate entrance and exits [Where permitted - see § 105-4A(4) for permitted locations]
2
(3) 
The maximum number of dual purpose driveway openings for a detached single-family residential dwelling that is situated on a corner lot is two, as long as no more than one dual purpose driveway opening is situated on a particular road frontage. The maximum number of driveway openings on a corner lot can be increased to three if one of the driveways is a circular driveway where there are separate entrances and exits. No more than one circular driveway is permitted for each lot with a detached single-family residential dwelling.
[Added 6-7-2006 by Ord. No. 2006-11]
(4) 
Circular driveways are only permitted in single-family residential zones on lots that exceed an area of 20,000 square feet and where all other criteria in Chapter 105 are being complied with.
[Added 6-7-2006 by Ord. No. 2006-11]
B. 
Adjacent driveway openings. A minimum clear distance of 25 feet shall separate any two driveways (on the same premises or on adjoining lots) entering upon a single municipal roadway, as measured along the right-of-way line.
C. 
Drainage facilities. Each driveway shall be constructed with suitable and adequately designed drainage facilities. Wherever possible, driveway drainage shall be directed into natural channels. Driveway drainage may be connected with existing drainage facilities within the municipal roadway, provided that said connection does not interfere with existing drainage or cause erosion or deposits of sediment in the municipal drainage system. Driveway drainage shall not discharge onto adjoining properties causing erosion or sediment damage or flooding and shall discharge onto the paved or traveled portion of any public right-of-way. Drainage procedures and facilities shall comply with Chapter 199, Stormwater Management, of the Code of Lopatcong Township.
[Amended 3-1-2006 by Ord. No. 2006-4]
D. 
Sight distance required.
(1) 
Exit driveways. Any exit driveway shall be designed in profile, grading and location to permit a minimum sight distance in accordance with the following table measured in each direction along the center line of the intersecting road. Roads which are not posted for speed limits shall be considered to be 50 miles per hour unless horizontal geometric considerations dictate otherwise. The sight distance measurement shall be from a sight point on the center line of the existing driveway 15 feet behind the curbline of the thoroughfare or, if no curbline exists, a minimum of 30 feet from the center line of the intersecting road. 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.
Allowable Speed on
Township Road
(mph)
Required Sight
Distance
(feet)
25
240
30
275
35
315
40
350
45
420
50
475
(2) 
Entrance driveways. Any entrance driveway shall be located to permit a minimum sight distance of 250 feet for left turning vehicles, from the intersection of the driveway and roadway center lines.
(3) 
Dual purpose driveways. A single driveway utilized for both exit and entrance purposes shall conform to the requirements of both Subsection D(1) and (2) above.
E. 
Permitted slope at intersection. The portion of any driveway within the road 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.
F. 
Permitted slope at garages. Within 20 feet of the garage, the grade shall not exceed 3%. Downhill grades must have the drainage directed away from the dwelling.
G. 
Turning radius, measured on the inside curve of the driveway, shall not be less than 25 feet.
All driveways constructed or modified shall intersect perpendicular to the existing road pavement or traveled way. Any curbed or angular approach of the driveway for aesthetic or topographical reasons shall be accomplished outside of the road 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-and-one-fourth-inch crest or a two-inch depression in a ten-foot chord.
All driveways shall be designed and constructed to the width standards herein specified. 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 road right-of-way line or at a point 25 feet from the center line of road, whichever is greater.
A. 
Single-family residential driveways shall have a minimum width of 12 feet and may taper to a minimum width of 10 feet beyond the right-of-way line. Driveways shall be flared on each side as they touch the intersecting road pavement or traveled way. The width of the driveway opening at the edge of the intersecting road shall be 30 feet.
B. 
Multifamily, commercial and industrial driveway widths shall be designed to accommodate commercial vehicles and higher traffic volumes but in no event shall exceed a maximum width of 35 feet.
[Amended 11-1-2000 by Ord. No. 2000-30]
No new driveway shall be constructed at a profile grade exceeding 15.0% at any point. Profile grades in excess of 10.0% shall not exceed 10.0% of the length of any new driveway. If a proposed uphill driveway will exceed a profile grade of 8.0% anywhere within the first 200 feet, as measured from the road right-of-way line along the driveway center line, then that portion of the driveway which exceeds 8.0% within the first 200 feet shall be paved with a bituminous concrete, macadam or portland cement concrete surface.
A. 
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 municipal roads or filling up road gutters, catch basins, inlets or pipe drains with sediment or debris.
B. 
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 Warren 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 road 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 installation 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 determined by the Municipal Engineer.
[Amended 6-7-2006 by Ord. No. 2006-11]
When a site or lot occupies a corner formed by two intersecting roads, no driveway entrance or exit shall be located within 40 feet of the point of tangency of the existing or proposed curb radius of either road unless otherwise approved by the Municipal Engineer.
All driveways within the municipality right-of-way or within 25 feet of the center line of road, whichever is greater, shall be constructed as follows:
A. 
Driveways entering upon unpaved roads shall be constructed of six inches (compacted thickness) of one-and-one-half-inch quarry process (blend) stone thoroughly rolled and compacted.
B. 
Driveways entering upon paved roads shall have a constructed base course of six inches (compacted thickness) of one-and-one-half-inch quarry process (blend) stone thoroughly rolled and compacted and a surface course of two inches (compacted thickness) of bituminous concrete (Type FABC-1).
C. 
All materials and methods of construction shall comply with the New Jersey Department of Transportation Specifications for Road and Bridge Construction, 1983 Edition, and all amendments and revisions thereto.
D. 
Driveways may be constructed of pervious pavement or concrete paver blocks upon approval by the Township Engineer.
[Added 3-1-2006 by Ord. No. 2006-4]
A. 
The application shall contain a plan in sufficient detail for the Municipal Engineer to determine compliance with this chapter. The application shall include the following information:
(1) 
A site plan or sketch showing the driveway for its entire length and its relation to the intersecting road, the proposed location of dwellings or structures, septic systems, existing or proposed surface water swales, diversions, etc.
(2) 
On any driveway where existing lot grades exceed 10%, a profile of the driveway showing existing and proposed center line grades and elevations for its entire length.
(3) 
A plan showing the type of storm drainage to be constructed along the driveway and at the driveway intersection with the 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 shall also be shown.
B. 
Where a driveway existed on the date of the adoption of this chapter and the owner has decided to modify said driveway as defined herein, then the owner shall file an application with the Municipal Clerk or Construction Official on forms provided, together with a fee of $100. Driveway plans, profiles and construction details are not required.
[Amended 4-5-2023 by Ord. No. 2023-09]
C. 
The Municipal Engineer shall inspect the premises and review the driveway application, and if the proposed improvements comply with the standards of this chapter, the Municipal Clerk or Construction Official shall issue a driveway permit. If the determination is that the proposed driveway or driveway modifications do not comply with standards of this chapter, then the applicant shall receive written notice specifying the particulars of noncompliance.
A. 
The Township of Lopatcong Board of Adjustment and Township of Lopatcong Planning Board are hereby established, constituted and appointed as Driveway Appeals Boards to hear and decide driveway appeals pursuant to this section.
B. 
The Township of Lopatcong Board of Adjustment and Planning Board, sitting as a Driveway Appeal Board, shall have the power to hear and decide appeals by any interested party where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by the Municipal Clerk, Zoning Officer or Engineer based on or made in the enforcement of this chapter. Such appeal shall be taken within 20 days by filing a notice of appeal with the Municipal Clerk, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made. Such appeal shall be heard with its usual rules or practice and procedure, where applicable.
C. 
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary or exceptional situation or condition of such piece of property, the strict application of any section of this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, the Township of Lopatcong Board of Adjustment, upon an application or appeal relating to such property, may grant a variance from such strict application of such section of this chapter so as to relieve such difficulties or hardship; provided, however, that no variance or other relief may be granted hereunder which would create any substantial public danger or substantial public inconvenience. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of this chapter nor the standards promulgated by the New Jersey Soil Conservation Committee and administered by the Warren County Soil Conservation District nor the intent or purposes of the Land Use Code[1] of the Township of Lopatcong.
[1]
Editor's Note: See Ch. 243, Zoning and Land Use.
D. 
The Township of Lopatcong Planning Board, sitting as a Driveway Appeal Board, shall be empowered to grant the above-described variance or other relief whenever the same is applied for in connection with the review of a subdivision, site plan or conditional use by the Planning Board.
E. 
Notice of appeals pursuant to this section shall be given by the applicant in the manner prescribed by N.J.S.A. 40:55D-12 (from the Municipal Land Use Law).
F. 
The fee for filing a driveway appeal pursuant to this section shall be $250.
A. 
No building 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 said driveway permit has been issued.
B. 
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 approved by the Municipal Engineer, is filed with the Municipal Clerk.
C. 
Upon certification by the Municipal Engineer that all work and improvements required by the driveway permit have been completed, the 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.
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 $1,000 or imprisonment for a period not to exceed 90 days or a period of community service not to exceed 90 days, or any combination thereof. Each and every day that a violation continues after notification thereof shall constitute an additional, separate and specific violation.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The short title of this chapter shall be the "Township of Lopatcong Driveway Ordinance."