[HISTORY: Adopted by the Township Committee
of the Township of Harmony 10-5-1993 by Ord. No. 93-11 (Ch. 81 of the 1990
Code). Amendments noted where applicable.]
A.
No person, individual,
firm or corporation shall construct, reconstruct or enlarge a driveway
onto a Township or county road or street in the Township of Harmony
without first having received a permit to do so from the Township
of Harmony.
B.
It is the intent
of this chapter to exercise exclusive jurisdiction by the Township
of Harmony over all driveways onto Township streets, to exercise concurrent
jurisdiction with the County of Warren with respect to the portion
of any such driveway located within the right-of-way of a county road
and to exercise exclusive jurisdiction by the Township of Harmony
with respect to the portion of driveways intersecting county roads
which are located outside of the right-of-way of any county road.
C.
COMMERCIAL
DRIVEWAY
RESIDENTIAL
ROAD
STREET
The following
words and phrases as used in this chapter shall have the following
meanings:
A driveway serving other than a residential use.
A private accessway providing a method for motor vehicles
to access a property from a public or private street.
Residential driveways shall be defined according to use as
follows:
Shall have the same meaning as "street."
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action or duly filed and recorded
in the office of the county recording officer prior to the appointment
of a Land Use Board and the grant to such board of the power to review
plats.
D.
Permits shall
be one of four classes defined as follows:
(1)
Class I: single-family
residential dwellings with drives not exceeding six-percent maximum
gradient and not requiring grading to achieve the minimum sight distances
required herein, having no restriction in the minimum required sight
triangle and not having a bridge or a culvert over four feet in diameter,
or equivalent.
(2)
Class II:
all other single-family residential dwellings serving not more than
one dwelling.
(3)
Class III:
residential lanes or driveways serving more than one single-family
residential dwelling.
(4)
Class IV:
all other driveways.
A.
The number of
driveways permitted from a proposed lot or site directly to any street
shall be limited as follows, except under conditions where the safety
and/or convenience of the general motoring public is impaired. Such
conditions shall be determined and specified by the Township body
with authority to approve site plans, upon receipt of the advice of
the Township Engineer:
|
Length of Lot of Site Frontage on Each
Street
(feet)
|
Permitted Number of Driveways on Each
Street
|
|---|---|
|
150 or less
|
1
|
|
151 to 800
|
2
|
|
Each additional 800
|
1
|
B.
Single-family
dwellings on individual lots may have more than one driveway.
C.
Service stations
shall have at least two driveways.
A.
All entrance and
exit driveways to a street shall be located to afford maximum safety
to traffic on the street. Lots existing prior to June 1, 1989, which
cannot meet the requirements herein within the lot boundaries, shall
be considered to meet these requirements through the use of a permanent
easement or right-of-way through another lot;
B.
Any exit driveway
or lane shall be so designed in profile and grading and shall be so
located as to permit the following minimum sight distances measured
from a point a minimum of 15 feet behind the curbline or edge of the
traveled way of the street. The sight triangle shall not contain any
obstruction, which would obstruct the driver's view, of greater than
one foot or less than 10 feet above the curb level, except that trees
whose branches are trimmed away to above the ten-foot height may be
permitted. The sight distance shall be measured from a point 3.5 feet
above the pavement, representing the driver's eye, to a point 4.25
feet above the pavement, representing the height of the vehicle. The
sight line shall come no closer than 0.5 foot to the road surface
at any point. The sight distance shall be measured in both roadway
directions with respect to the driver's position in both the oncoming
vehicle position and the driveway position. Roads which are not posted
for speed limits shall be considered to be 50 miles per hour unless
horizontal geometric considerations dictate otherwise.
|
Allowable Speed on Street Distance
(mph)
|
Required Sight Distance
(feet)
|
|---|---|
|
25
|
240
|
|
30
|
275
|
|
35
|
315
|
|
40
|
350
|
|
45
|
420
|
|
50
|
475
|
C.
Where a site occupies
two intersecting roads, no driveway entrance or exit shall be located
within 40 feet of the point of tangency of the existing or proposed
intersection curb radius of the site.
D.
No part of any
driveway shall be located within a minimum of 10 feet of a side property
line. However, upon application to the Township body with authority
over site plan approval and upon approval of design by the Township
Engineer, that body may permit a driveway serving two or more adjacent
sites to be located on or within 10 feet of a side property line between
the adjacent sites.
The geometric design of a driveway connection
to a street shall be governed by sound traffic engineering principles.
Below are guidelines in preparing a geometric design, but deviation
from them will be necessitated from time to time due to the many variables
encountered in the course of preparing a design. The applicant should
be aware, therefore, that although the driveway layout may conform
to these guidelines, conditions may dictate deviations from them,
and requirements of the Township Engineer shall be final.
A.
Two-way operation.
Driveways used for two-way operation shall intersect the street at
an angle as near to 90° as site conditions will permit and in
no case will be less than 75°.
B.
One-way operation.
Driveways used by vehicles in one direction of travel, right turn
only, shall not form an angle smaller than 45° with a street.
C.
The dimensions
of driveways shall be designed to adequately accommodate the volume
and character of vehicles anticipated to be attracted daily onto the
land development for which a site plan is prepared. The required maximum
and minimum dimensions for driveways connecting to a street at 90°
are indicated below. Driveways serving large volumes of daily traffic
or traffic over 5% of which is heavy truck traffic shall be required
to utilize high-to-maximum dimensions. Driveways serving low daily
traffic volumes or traffic less than 5% of which is heavy shall be
as follows:
(1)
Table.
|
Driveway Type
|
Depressed Width
(feet)
|
Depressed Curb
(feet)
|
Return Radius
(feet)
| |
|---|---|---|---|---|
|
Residential
|
8 to 16
|
12 to 20
|
Not allowed
| |
|
Residential lane 2 to 3 residences
|
16
|
Width plus
|
15 Maximum 4 feet
| |
|
4 to 6 residences
|
20
| |||
|
7 or more residences
|
24
| |||
|
Commercial
| ||||
|
1-way
|
20 to 34
|
24 to 38
|
25 minimum
| |
|
2-way
|
24 to 46
|
24 to 50
|
40 maximum
| |
(2)
Driveways
connecting to a street at an angle shall have the same widths as shown
in the table above. The width of depressed curb and the radius of
curb returns shall provide for the sharpest turning radii of vehicles
using the driveway, keeping said vehicles within their prescribed
lanes.
D.
Vertical curbs
and alignment.
(1)
Any vertical
curb on a driveway shall be flat enough to prevent the dragging of
any vehicle undercarriage. The maximum permitted gradients for driveways
are shown in the following subsection. The profile dimensions given
beyond the sidewalk area are maximum or minimum values for grades
and minimum values for lengths.
E.
Should the sidewalk
be so close to the curb at a driveway with a depressed curb as to
cause the ramp to be too steep and is likely to cause undercarriage
drag, the sidewalk shall be appropriately lowered to provide a suitable
ramp gradient.
F.
Future curb or gutter line. Driveways shall be designed and constructed such that the vertical alignment requirements shall begin at the future curb or gutter line of any street. The classification of the road shall be determined from the current Harmony Township Master Plan and the width requirements as set forth in § 425-14C(2) of the Harmony Township Subdivision Ordinance. The cross-section requirements shall be as set forth in the Harmony Township Street and Parking Lot Standards. The area between the existing roadway and the future curb or gutter line shall be paved and graded in accordance with the paving provisions of this chapter.
G.
Bridges or culverts
over four feet in diameter. All bridges or culverts in excess of four
feet in diameter, or equivalent, shall be designed in accordance with
the current American Association of State Highway Officials bridge
practice to accommodate an H2O design vehicle.
H.
Driveways in excess
of 100 feet in length shall have horizontal alignment such that a
fire truck can negotiate the drive. For the purpose of this determination,
the American Association of State Highway Officials SU design vehicle
shall be used for design purposes.
[Amended 5-3-1994 by Ord. No. 94-4]
The surface of any driveway shall be constructed
with a permanent pavement of a type specified below:
|
Within Township Right- of-way
|
Outside Right-of-Way Maximum Grade Less Than 6%
|
Maximum Grade More Than 6%
|
Within Major Subdivision
| |
|---|---|---|---|---|
|
Residential Classes I and II Bituminous concrete surface course,
Mix 1-5, 2 inches thick
|
X
|
X
|
X
| |
|
Bituminous and stabilized base course, 3 inches thick Dense
graded aggregate base course, 6 inches thick
|
X X
|
X
|
X
|
X X
|
|
Residential, Class III Bituminous concrete surface course, Mix
I-5, 2 inches thick
|
X
|
X
|
X
|
Not Permitted
|
|
Bituminous course, 3 inches thick Commercial, Industrial and
Multifamily Class IV
|
X
|
X
|
X
|
Not Permitted
|
|
Bituminous concrete surface course, Mix 1-5, 2 inches thick
|
X
|
X
|
Not Permitted
|
Not Applicable
|
|
Bituminous and course, 4 inches thick
|
X
|
X
|
Not Permitted
|
A.
Driveway design
shall include provisions for storm drainage within the driveway and
where it crosses existing roadside ditches or drainage structures.
No driveway shall be permitted to be constructed over or across the normal drainage gutter line of an existing street, except on approval of the Township Engineer. The Township Engineer shall be guided by the design standards set forth in Chapter 376, Site Plan Review, and Chapter 425, Subdivision of Land.
A.
Application forms
shall be obtained from the Township Clerk. Applications shall be accompanied
by a legible plot plan or sketch of the property setting forth the
following information:
(1)
Property lines.
(2)
Setback and
location of structures.
(3)
Curb, if any.
(4)
Sidewalk,
if any.
(5)
Utility installations
affecting the driveway.
(6)
All physical
features including trees and other obstructions within proposed sight
triangles.
(7)
Advisory,
directional, regulatory and advertising signs within proposed sight
triangles.
(8)
The location
of existing driveways on the lot in question and adjoining lots and
lots across the road within the limits of the sight triangle.
(9)
Driveway width.
(10)
Driveway
angle.
(11)
Curbline
opening.
(12)
Profile
of the roadway in front of the parcel to the limits of the required
sight triangle.
(13)
Contour
lines for existing and proposed grading within the area of driveway
construction and sight triangles.
(14)
Radius of
curvature, where applicable.
(15)
Parking
facilities, where applicable.
(16)
For other
than single-family residential, the estimated number of cars and trucks
using the driveway each day.
(17)
A profile
of the driveway from the center line of the public road to the end
of the driveway.
(18)
A typical
section of the driveway.
(19)
Structural
construction drawings of all bridges or culverts over four feet in
diameter, or equivalent, and design computations therefor.
B.
All plans shall
be prepared by a professional engineer licensed to practice in New
Jersey; provided, however, that an individual may prepare plans as
required herein on property owned by that individual within the parameters
established by N.J.S.A. 45:8-27.
A.
Class I: single-family
dwellings not part of a major subdivision. The application and accompanying
data shall be submitted in triplicate to the Zoning Officer, who shall
review the plan and shall do one of the following:
B.
All other applications.
The application and accompanying data shall be submitted in triplicate
at the time of final subdivision or site plan application, or at the
time of building permit application if a subdivision or site plan
is not required, or at the time of construction or modification of
the driveway, to the Township Engineer, who shall review the plan
and shall do one of the following:
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 Class I driveways shall be inspected by the Zoning Officer. Notwithstanding anything to the contrary hereinbefore mentioned, an applicant may, during the period from November 1 to April 15, apply for a certificate of occupancy and defer completion of a driveway on the lot or site in accordance with the approved plan; provided, however, that such applicant posts a performance guaranty with the Township or, in lieu thereof, cash in an amount equal to 120% of the performance guaranty estimate prepared by the Township Engineer of the cost of completing construction of the driveway. The Township Engineer, in arriving at the performance guaranty estimate, shall be guided by the surface and other applicable provisions of this chapter, together with the design standards set forth in Chapter 376, Site Plan Review.
[Amended 8-3-2004 by Ord. No. 04-10]
A.
Application fee
for all classes (Classes I, II, III, IV): $25.
B.
Review inspection
and administration fee for all classes (Classes I, II, III, IV): $250.
D.
Replenishment
of escrow. When review and inspection costs exceed the initial escrow
deposit, applicant shall, upon notification from the Township Engineer,
pay such additional escrow deposit as requested, which shall be paid
prior to Township Engineer's issuance of the certificate of approval
(C.A.) which certifies completion of the driveway in accordance with
the compliance standards established herein.
A.
All driveways
approved pursuant to the provisions of this chapter shall be maintained
in such a fashion as to be in compliance with the provisions of this
chapter.
B.
The Zoning Officer
or his duly authorized assistants shall have the duty and power to
inspect or examine driveways approved to the provision of this chapter
in the Township of Harmony to determine continued compliance with
the provisions of this chapter.
C.
When the Zoning
Officer or his duly authorized assistants determine that a driveway
is in violation of the provision of this chapter, he shall order the
owner, in writing, to remedy such condition. Said written order shall
specify the nature of the violation found to exist, the remedy ordered
and the time permitted for such remedy, the penalties and remedies
which may be invoked by the Township.
D.
If any violation
shall not be abated after notice as provided above, the Zoning Officer
or his duly authorized assistants shall prosecute either an action
in the Municipal Court or an action in the Superior Court of New Jersey
to enjoin and compel abatement of violations.
A.
Any person or
persons, firm or corporation violating any provision of this chapter
which results in damages to or obstruction of any street, gutter,
storm drain, catch basin, inlet or culvert shall be responsible for
all expenses incurred by the Township of Harmony in repairing said
damage or removing said obstruction in addition to the penalties herein
provided.
All users of a driveway as covered by the terms
of this chapter shall be required to submit a written agreement to
be approved as to form by the Township Attorney acknowledging responsibility
to continue maintenance of the driveway in accordance with the standards
of this chapter.
[Added 12-5-2017 by Ord.
No. 17-12]
A.
No person, persons, entity or
organization shall construct any alterations and/or improvements to
any driveway within the Township which would interfere or impede access
of emergency service vehicles to the property. Alterations are defined
as any changes, alterations or improvements constructed on or adjacent
to a driveway that was not approved as part of the property's driveway
permit. Alterations include but are not limited to placing of boulders,
fences, signs or other decorative items at the entrance or along the
edge of a driveway.
B.
A determination as to what alterations
impede or interfere with the access of emergency service vehicles
shall be made by the Chief of the Harmony Township Fire Department.
C.
Landowners or tenants wishing
to make an alteration to their driveway, other than what was approved
as part of the original driveway permit, should make an application
to the Township Clerk who will forward the application to the Fire
Chief for determination.
D.
Any alterations installed that
are found by the Harmony Fire Chief to be in violation of this section
shall be given notice of the violation and 30 days to remove or relocate
the alterations to the satisfaction of the Fire Chief.
E.
Any person, persons, entity or organization who violates this section shall be subject to the penalties as set forth in § 194-13.
F.
In addition to the violations
set forth above, any landowner who was previously notified of an improper
alteration shall be responsible for any damage to any emergency service
vehicle resulting from the vehicle attempting to access the property
to provide emergency services.
G.
No emergency service agency/organization/company
or the Township shall be responsible for any damage to a property
or its alterations resulting from an attempt to access the property
to provide emergency services, provided the landowner, tenant or occupant
was previously notified of the improper driveway alteration.
[Added 6-9-2011 by Ord. No. 11-3]
A.
An applicant for a permit for
any class of driveway who is unable to comply with any of the design
standards and/or construction improvement requirements applicable
to a driveway by virtue of the foregoing provisions may apply to the
approving authority for an exception to such requirements, providing
the applicant shall clearly demonstrate and the approving authority
shall be satisfied that such exception is reasonable and within the
general intent and purpose of the provisions of this chapter and that
the literal enforcement of one or more of the provisions hereof is
impractical or will exact undue hardship because of peculiar conditions
pertaining to the subject property and the driveway proposed to be
located thereon.
B.
Provided, however, that the approving
authority shall not grant any such exception unless the approving
authority is fully satisfied that the intent and purpose section will
be satisfied by the granting of the exception and that the granting
of the exception will have no adverse impact upon the public health
and safety relating to the proposed driveway or be in conflict with
accepted engineering principals. All doubts in the mind of the approving
authority with respect to the advisability of the granting of any
such exceptions shall be resolved in favor of a denial of such exceptions.
C.
In the event the applicant for
an exception from the provisions of this chapter is denied the exception
sought, he shall have the right to appeal such denial to the Land
Use Board, which shall hold a hearing thereon, attended by the Township
Engineer, which shall render a determination within 45 days of the
submission of such appeal.
E.
Any application for an exception pursuant to the foregoing provisions from the requirements of § 194-3, Location, Subsection D, which seeks approval of a driveway located less than the minimum required 10 feet from a side property line and/or less than 10 feet from a rear property line shall require that notice of said application be given to the owner(s) of the property adjoining the portion of the applicant's property which proposes a driveway location less than 10 feet from a side or rear property line. Such notice shall be provided, either by personal service or by means of certified mail, return receipt requested, and proof of service of such notice shall be provided at least 10 days prior to the hearing to be held upon the application and filed with the Land Use Board secretary.
