Township of White, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of White 3-1-1985 (Ch. 60 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 110.
Land use — See Ch. 160.
Road construction — See Ch. 223.
Streets and sidewalks — See Ch. 266.
120a Sch A Res Driveway wo Curbing 120b Sch B Res Driveway w Curbing

§ 120-1 Short title.

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

§ 120-2 Purpose; definitions; exemptions.

A. 
The purpose of this chapter is to assure the proper installation and alteration of all private driveways in the Township of White, to minimize erosion and flow of soil and debris from driveways and surrounding lands onto public roadways, to preclude the creation of traffic flow problems or traffic 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.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL DRIVEWAY
One providing access to an office, retail or institutional building or to an apartment building having more than five dwelling units. Industrial plant driveways whose principal function is to serve administrative or employee parking lots are considered "commercial driveways."
(1) 
In addition to its regularly accepted common meaning, shall also refer to any land, way, field entrance or privately owned road.
(2) 
A driveway is altered in 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.
INDUSTRIAL DRIVEWAY
One directly serving substantial numbers of truck movements to and from loading areas of an industrial facility, warehouse or truck terminal.
RESIDENTIAL DRIVEWAY
One providing access to a single- or multifamily residence 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, dated 2007," and all amendments thereto.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Agricultural and forestry uses directly out of field shall be exempt from the provisions of this chapter.
D. 
If a driveway is being constructed, modified or altered as part of a lot grading and disturbance application, the provisions in §§ 120-3, 120-4 and 120-12 shall not be applicable and the applicant shall follow the provisions of § 160-81 for obtaining approval of the driveway as part of a detailed site grading plan.
[Added 8-5-2004 by Ord. No. 2004-14]

§ 120-3 Procedure.

A. 
No person(s), corporation(s), industry or commercial establishment shall cut, construct or alter any driveway from private property to a Township road without first having filed an application with and obtained a permit from the White Township Code Enforcement Officer. The application shall include a driveway plan, submitted in triplicate, including the location of the proposed driveway. [Note: Typical driveway municipal roadway plans are appended to Chapter 120 as Schedules A and B.] The driveway plan shall include the following:
[Amended 10-4-2001]
(1) 
The name and address of the property owner and applicant, the tax map sheet and block and lot number.
(2) 
Property lines.
(3) 
Setbacks and locations of structures, septic systems, existing or proposed surface water swales, diversions, and like features.
(4) 
Curbs, if any.
(5) 
Utility installations affecting the driveway.
(6) 
Sidewalk widths, if any.
(7) 
Trees and other obstructions within proposed sight triangles.
(8) 
Advisory, directional, regulatory and advertising signs within sight triangles.
(9) 
The location of existing driveways on the property in question and of adjoining properties within 250 feet.
(10) 
The proposed driveway for its entire length.
(11) 
The proposed driveway profile to scale.
(12) 
The proposed driveway angle.
(13) 
The curbline opening.
(14) 
For other than single-family residential use, the estimated number of cars and trucks using the driveway each day.
(15) 
The intersecting road, including existing shoulder, ditches and storm drainage.
(16) 
The type of storm drainage to be constructed at the driveway entrance to the intersecting road, i.e., dish-type gutter, pipe or culvert. The sizes of gutters, pipes and culverts, as well as grades, elevations, typical cross-sections, construction details and any other information deemed necessary to the proper analysis of the installation may also be shown by the applicant or required by the Township.
B. 
The Code Enforcement Officer may refer said application and supporting data to the Township Engineer for his review and recommendations in instances where, due to the severe or unusual characteristics of the particular site in question, engineering review is appropriate or necessary. The Code Enforcement Officer 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 Code Enforcement Officer or 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 Code Enforcement Officer shall inspect and study the site of the proposed driveway, lane or other entrance, and in the event, 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 Code Enforcement Officer.
D. 
If a driveway existed at the date of the adoption of this chapter and the owner proposes to alter same, then the owner shall file an application with the Code Enforcement Officer on forms provided for existing driveway improvement. Upon the request of the Code Enforcement Officer, 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 Code Enforcement Officer shall issue a permit to said applicant. If the determination is that the proposed improvement of the driveway will cause an alteration or a modification of the driveway which does not comply with the standards of this chapter, then the applicant will receive written notice to comply with remaining provisions of the chapter.

§ 120-4 Fees.

[Amended 7-3-2001]
There shall be submitted with an application for a driveway permit the following nonrefundable fees payable to the Township of White:
A. 
Residential driveway: $75.
B. 
Commercial driveway: $50.
C. 
Industrial driveway: $50.
D. 
An application for any residential driveway permit which, in the opinion of the Zoning Officer, requires review by the Township Engineer shall be assessed both the applicable fee set forth above and an engineering review and inspection fee of $200.
[Amended 11-6-2003 by Ord. No. 2003-22]

§ 120-5 Location; turnarounds.

A. 
All entrance and exit driveways to a Township road shall be located so as to afford maximum safety to traffic on the Township road.
B. 
Driveways shall be not less than 75 feet from any street intersection.
C. 
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.
D. 
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.
E. 
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.

§ 120-6 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. 
All driveways to be constructed or altered so as to slope from the public road right-of-way line of any existing or future public road shall be constructed or altered in accordance with the following minimum requirements:
(1) 
Within the right-of-way limits, the finished grade of the driveway shall be no greater than 6%.
(2) 
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.
(3) 
The driveway shall slope upward from the gutter line on a straight slope at least 10 feet long for residential driveways and 40 feet long for commercial and industrial driveways, unless otherwise specified by the Code Enforcement Officer or Township Engineer.
(4) 
No driveway shall be constructed to exceed a slope of 15%.
[Added 12-29-1997]

§ 120-7 Angle of roadway for commercial and industrial driveways.

A. 
Two-way operation. Commercial driveways constructed or altered within a public road right-of-way shall be constructed so that the angle 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 turns. Driveways shall intersect the street at an angle as near 90° as site conditions allow, and in no case less than 60°.
C. 
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°.

§ 120-8 Dimensions and sight distances.

[Amended 10-4-2001]
A. 
Driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be traveling on the driveway. The required maximum and minimum dimensions for commercial and industrial driveways are indicated in the following table. The minimum width for a residential driveway shall be 10 feet. 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 high to maximum dimensions in feet as shown on such table.
Driveway Dimensions
Driveway Depressed Curb Return
One-Way Operation
Two-Way Operation
Type
Width
(feet)
Curb
(feet)
Radius
(feet)
Width
(feet)
Curb
(feet)
Radius
(feet)
Commercial
10 to 15
16 to 21
15 to 40
24 to 30
30 to 36
15 to 40
Industrial
12 to 24
18 to 30
25 to 50
24 to 30
30 to 36
25 to 50
B. 
All driveways shall be designed in profile grading and location to permit a minimum sight distance of 10 times the posted speed limit of the roadway measured from a point on the driveway 15 feet from the edge of the roadway and measured from a height of eye at 3.50 feet on the driveway to a height of object of 3.50 feet on the roadway, provided that all driveways must have at least 250 feet of sight distance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 120-9 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 Code Enforcement Officer, correct the conditions causing said problems within 90 days of said notification. Failure to make such corrections shall be in violation of this chapter.

§ 120-10 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 ditch 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 Code Enforcement Officer, the driveway may be constructed to have a sufficient rise above shoulder level to prevent excessive runoff from the roadway onto adjacent property.
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 suitably sized reinforced concrete pipe or culvert 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.
D. 
The installation of suitably 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 water and the effects of soil erosion on the public right-of-way or adjoining property.
E. 
The driveway on properties which are below the roadway shall have a raised lip of 1.5 inches except where a dish-type gutter is provided.
[Added 10-4-2001]
F. 
Each driveway shall be constructed with suitable and adequately designed drainage facilities. Wherever possible, driveway drainage shall be directed into natural drainage channels or existing ditches. Driveway drainage may be connected to existing drainage facilities within the municipal roadway, provided that such 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 public road right-of-way.
[Added 10-4-2001]

§ 120-11 Construction material.

Those portions of driveways constructed or altered within public roads or rights-of-way or within 25 feet of the center line of the public roadway, whichever is greater, shall be constructed of the following materials:
A. 
Residential driveways entering unpaved roads: six inches (compacted thickness) of dense graded aggregate base course.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Residential driveways entering paved roads:
[Amended 10-4-2001[2]]
(1) 
Base course: four inches (compacted thickness) of dense graded aggregate base course.
(2) 
Surface course: two inches (compacted thickness) of hot mix asphalt 9.5M64 surface course or approved equal.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Commercial driveways:[3]
(1) 
Base course: four inches (compacted thickness) of dense graded aggregate base course.
(2) 
Base course: four inches (compacted thickness) of hot mix asphalt 19M64 base course or approved equal.
(3) 
Surface course: two inches (compacted thickness) of hot mix asphalt 12.5M64 surface course or approved equal.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Industrial driveways:[4]
(1) 
Base course: six inches (compacted thickness) of dense graded aggregate base course.
(2) 
Base course: six inches (compacted thickness) of hot mix asphalt 19H64 base course.
(3) 
Surface course: two inches (compacted thickness) of hot mix asphalt 12.5H64 surface course.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
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.

§ 120-12 Inspection; certificate of occupancy; performance bond.

[Amended 12-27-2002 by Ord. No. 2002-29]
A. 
Upon notice to the Code Enforcement Officer of the completion of the construction of the driveway, the Code Enforcement Officer or Township Engineer shall inspect the same and shall endorse a driveway permit to evidence 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 said permit has been so endorsed. Failure of the Code Enforcement Officer or Township Engineer to endorse the driveway permit within 21 days after submission of said permit for endorsement shall be deemed as approval by the Township.
B. 
No certificate of occupancy shall be issued unless all driveways on the lot or site have been completed in accordance with the approved plan. Inspection to assure compliance will be done by the Township Engineer, except that residential driveways shall be inspected by the Code Enforcement Officer.
C. 
Performance bond.
(1) 
When by reason of inclement weather, lack of available materials due to plant closures, or other reason acceptable to the Code Enforcement Officer, a driveway cannot be paved, a bond or other security deemed acceptable by the Township Attorney may be provided to insure completion of the work. Other driveway-related improvements such as guiderails shall be installed in all cases prior to any occupancy of the property or the erection of buildings thereon. This provision shall not apply if, in the opinion of the Code Enforcement Officer or the Township Engineer, site conditions do not warrant use of a driveway unless and until it is completely constructed according to the approved plan.
(2) 
The applicant shall provide a driveway construction cost estimate to be reviewed by the Code Enforcement Officer in determining the amount of the bond or other security. The amount shall be reasonably related to the costs of construction.

§ 120-13 Violations and penalties.

A. 
Any person or persons, firm or corporation violating any section of this chapter which 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 White for repairing said damage and removing said obstruction, in addition to the penalties herein provided.
B. 
Any person or persons, firm or corporation violating any section 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, and each and every day that said violation continues shall constitute a separate and specific violation.