[Adopted 3-13-1986 as Ord. No. 1986-2]
All driveway aprons on residential properties
in the Township of Chesterfield not otherwise reviewed and approved
by the Planning Board of the Township of Chesterfield shall have a
minimum width of 20 feet at the paved edge of the municipal street
or road and be paved back a distance of 20 feet from the paved edge
of the street or road until the apron connects with the entrance of
the private driveway, which driveway entrance shall have a minimum
width of 12 feet.
All driveway aprons shall be constructed with
two inches of fine aggregate bituminous concrete No. 1 (FABC 1) and
six inches quarry blend paving material.
[Amended 4-26-2001 by Ord. No. 2001-9]
All driveway aprons shall be constructed and
maintained so as not to interfere with existing drainage and watercourses
along streets and roads and shall be paved higher than the existing
edge of the pavement or stone shoulder of the street or road. The
type, strength and dimensions of pipes and culverts to be installed
in drainage ditches under the driveway and/or driveway aprons and
the supports and buttresses for the driveway and/or driveway apron
shall be as directed by the Township Engineer. If a driveway apron
must be constructed across an existing drainage swale, the applicant
must provide an engineered design of the driveway apron which will
include the piping of the swale under the driveway apron. The swale
shall be piped using a minimum of fifteen-inch pipe. Drainage calculations
justifying the storm pipe size and capacity are required. The applicant
must provide a survey of the frontage of the property, indicating
the edge of paving, top of bank, bottom of swale, and right-of-way
locations and elevations. If necessary, the survey shall extend to
the nearest drainage structure. The drainage pipe shall be designed
with a stone bedding under the pipe and a minimum of one foot of cover
over the pipe.
No person shall construct a driveway apron or
make modifications to an existing driveway apron without first filing
an application with the Township and obtaining a permit from the Township
Engineer. Three copies of the completed application shall be filed
with the Township Clerk, accompanied by the fee(s) hereinafter prescribed,
who shall forthwith forward a copy of the application to the Township
Engineer. The Township Engineer shall thereafter review the application
and physically inspect the premises, if necessary, and issue the permit
if the proposed construction meets the requirements herein set forth,
subject to such additional requirements and conditions as may be necessary
to protect the public safety, health and general welfare and effectuate
the efforts of the Township of Chesterfield to promote traffic safety,
reduce roadway maintenance and promote proper drainage and sediment
control and subject to the applicant's posting a satisfactory performance
guaranty as provided herein. The permit shall be valid for a period
of 60 days, unless extended by approval of the Township Committee.
All construction must be commenced within the term of the permit and
be completed within 30 days, subject to inspection and certification
of completeness by the Township Engineer.
A.
Each application to construct or modify a driveway apron shall be accompanied by the appropriate fee for the initial driveway apron. In the event that a swale needs to be constructed and/or an inspection is required by the Township Engineer, the fee, to be held in escrow to cover the costs of the Engineer's services, shall be as set forth in § 110-170, and shall be payable at the time of the filing of the application. In the event that no swale is required to be constructed and/or the Township Engineer's inspection is not necessary, then the fee is an application fee and not to be held in escrow and shall be as set forth in § 110-170. In addition, a fee as set forth in § 110-170 shall be collected for each additional driveway apron to be constructed on the same property abutting the same municipal street or road.
[Amended 5-4-1989 by Ord. No. 1989-3; 4-26-2001 by Ord. No.
2001-9; 4-11-2002 by Ord. No. 2002-3; 3-25-2010 by Ord. No.
2010-4]
B.
Said fee shall be payable to the Township of Chesterfield
and is intended to cover the administrative costs of the Township
in processing the application and paying the costs of the Township
Engineer in reviewing the application and providing an initial and
final site inspection. The applicant shall be responsible for reimbursing
the Township should the construction require more than two site inspections
by the Township Engineer caused by the applicant's failure to construct
the driveway apron in accordance with the provisions hereof and the
requirements and conditions of the permit.
Before a permit shall be issued, the applicant
shall furnish the Township with a performance guaranty in favor of
the Township, in an amount not to exceed 120% of the cost of installation
of the driveway apron, assuring the proper installation of the apron
in accordance with the provisions hereof and the requirements and
conditions of the permit. If the required improvements are not completed
or corrected in accordance with the performance guaranty, the applicant,
the property owner, if other than the applicant, and surety, if any,
shall be liable thereon to the municipality for the reasonable cost
of the improvements not completed or corrected, and the Township may,
either prior to or after the receipt of the proceeds thereof, complete
such improvements.
A.
The applicant shall notify the Township Engineer within
48 hours of completion of the driveway apron, whereupon the Township
Engineer shall inspect the improvements and file a report with the
governing body indicating either approval or rejection of such improvements,
with a statement of the reasons for any rejection. The governing body
shall either approve or reject the improvements on the basis of the
Engineer's report and so notify the applicant and surety, in writing.
If approved, the applicant and surety shall be released from further
liability under this article. If all or any portion of the required
improvements are rejected, the governing body may require the applicant,
the property owner, if other than the applicant, and surety to complete
such improvements, and, upon completion, the same procedure of notification
as set forth in this section shall be followed.
B.
The foregoing provisions shall not be construed to
limit the right of the applicant or property owner, if other than
the applicant, to contest by legal proceedings any determination of
the governing body or Township Engineer.
It shall be the duty of the Building Inspector
to enforce the provisions of this article.
Any person, firm or corporation violating any
provision of this article shall be subject to a fine not exceeding
$200 or imprisonment in the county jail for a term not exceeding 90
days, or both, in the discretion of the Magistrate before whom such
conviction shall be had. Each and every violation and nonconformance
of this article or each day that any provision of this article shall
have been violated shall be construed as a separate and distinct violation
thereof.
The provisions of this article apply only to
driveway aprons on lands improved with single-family or two-family
residential dwellings. Minimum driveway apron dimensions for commercial,
industrial or multifamily residential properties shall be as prescribed
by the Planning Board and/or Board of Adjustment of the Township of
Chesterfield in accordance with applicable Site Plan, Subdivision,
Zoning and Land Development Ordinances[1] and/or as directed by the Township Engineer.
