[HISTORY: Adopted by the Township Committee for the Township of Bethlehem 4-6-2000 by Ord. No. 126-3-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 70.
Land use and development — See Ch. 102.
Streets and sidewalks — See Ch. 136.
Payment of taxes prior to issuance of permits — See Ch. 139, Art. I.
ATTACHMENTS
Attachment 1 - Figures 1 and 2
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 76, Driveways, which consisted of the following: Art I, Standards and Specifications, adopted 7-9-1971 by Ord. No. 126, as amended in its entirety 8-17-1989 by Ord. No. 126-1-89, and further amended 2-7-1991 by Ord. No. 255-91; and Art. II, Street Opening and Completion Bond, adopted 8-1-1985 by Ord. No. 219-1-85.
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 township through, among other things, the lessening of soil erosion, ensuring emergency vehicle access, the promotion of traffic safety and the 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 Township of Bethlehem, including access to farm buildings, 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 or when conditions exist which discharge water, stone or silt onto the adjoining public road.
SITE IMPROVEMENTS
The dry wells and/or stormwater management systems required in connection with a subdivision or driveway permit, as shown on development plans, required by township ordinance, or as a matter of law or by the Township Engineer.
UPHILL DRIVEWAY
A driveway whose grade rises in elevation from the existing grade at the edge of the municipal roadway.
[Amended 11-6-2008 by Ord. No. 126-4-2008]
No driveway which connects with an existing or proposed Township road may be constructed or modified and no building constructed unless the owner first obtains a permit from the Township Zoning Officer. The applicant for a permit shall pay the Township a fee of $100 upon application. In addition, the applicant shall deposit with the Township an escrow deposit in the amount of $750 to cover the estimated cost of professional review of the application by the Township Engineer and other professionals. The escrow deposit shall be administered in accordance with Article IX of Chapter 102, Land Use and Development, by the Planning Board Secretary. The Township may require replenishment of such escrow in accordance with said section.
[Amended 12-17-2009 by Ord. No. 126.5.2009]
All driveways to be constructed or modified shall be done in accordance with the following minimum requirements, unless determined not to be applicable by the Township Engineer:
A. 
Number.
(1) 
The maximum number of driveway openings permitted from a commercial or industrial lot to any one road shall be limited as follows:
Length in Lot Frontage
(fees)
Permitted Number of Driveway Openings
200 or less
1
201 or more
2
(2) 
The maximum number of driveway openings permitted from a residential lot shall be one.
B. 
Adjacent driveway openings. Within the right-of-way, a minimum 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 parallel to 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 drainage channels away from the public road. Driveway drainage may be connected with existing drainage facilities within the municipal roadway, if approved by the Township Engineer, 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 if erosion or sediment damage or flooding would be caused and shall not discharge onto the paved or traveled portion of any public right-of-way.
D. 
Sight distance required.
(1) 
All driveways shall be constructed in profile, grading and location to conform to the following criteria:
Y
=
Sight distance along road, measured from Point A to Point C or from Point D to Point C.
A and D
=
Point 4 1/4 feet above the road center line.
B
=
Point 3 1/2 feet above driveway center line, 20 feet from the road's edge of pavement.
C
=
Center of the intersection.
Road Design Speed
(mph)
Required Y
(feet)
50
475
40
325
35
250
30
200
25
165
(2) 
The entire area of the sight triangle, described by A-B-C or B-C-D, shall be cleared and kept cleared as required to provide an unobstructed view across it, from Point B to all points 4 1/4 feet above the road center line between Points A and D.
E. 
Permitted slope at intersection. The portion of any driveway within the road right-of-way shall be constructed so that the grade at a point 25 feet from the road center line is not less than three inches nor more than six inches above the edge of the existing pavement or traveled way. From 25 feet from center line to 50 feet from center line, the driveway grade shall not exceed 6%.
F. 
Depressed curb. On curbed roads, the existing curb is to be removed to full depth and rebuilt to full depth from joint to joint. Horizontal saw cuts to create a depression are not permitted.
G. 
Emergency services approval. Emergency services may require, in certain circumstances, additional work related to driveway construction such as, but not limited to, pull-offs, graded areas for turnarounds or parking, graded areas for storage tank drop-off, guiderails, additional driveway width, etc. The Zoning Officer or Township Engineer may refer any application to emergency services, and conditions imposed thereby will be binding upon the applicant. In any event, a level area shall be graded at the driveway and immediately adjacent to the public road right-of-way measuring 25 feet by 50 feet for use by emergency services. This graded area may be moved closer to the road if approved by the Township Engineer and where such grading does not interfere with drainage or access. The graded area may be deleted only if written approval is obtained from the responding fire company.
All driveways constructed or modified shall intersect perpendicular to the existing road pavement or traveled way. Any curved 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. Six inches of vertical curve length shall be provided for every 1% change in grade for a crest. Nine inches of vertical curve length shall be provided for every 1% change in grade for a sag. In no case shall the vertical curve be less than five feet.
A. 
All driveways shall be designed and constructed to the width standards herein specified. Driveway width shall be the curbface to curbface 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 the road, whichever is greater.
B. 
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. (See Figure 1 and Figure 2 for typical residential driveway intersection details.[1]) The maximum driveway width (except turnaround or parking areas) shall be 18 feet.
[1]
Editor's Note: Figures 1 and 2 are included at the end of this chapter.
C. 
Multifamily, commercial and industrial driveway widths shall be designed to accommodate commercial vehicles and higher traffic volumes, but in no event shall driveways exceed a maximum width of 36 feet.
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 8% 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% 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 Township of Bethlehem is subject to the provisions of any future Bethlehem Township soil erosion and sediment control ordinance (or to the provisions of the Hunterdon County Soil Conservation District), the standards which are more stringent, detailed or comprehensive, shall govern.
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 may be permitted, provided that the existing water flow will not be blocked, altered or changed in any manner. Paved gutters will be permitted only for minimal [less than five cubic feet per second (cfs)] flows in the ditch or gutter.
B. 
Culvert or piping. The installation of 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 Township Engineer and shall be a minimum of 30 feet in length. In any event, any pipe must be at least 15 inches in diameter.
C. 
Drainage calculation. The applicant shall submit drainage calculations to justify proposed pipe size.
D. 
Stormwater management. Stormwater control devices shall be installed to decrease the rate of runoff from driveways.
When a site or lot occupies a corner formed by two intersecting roads, no driveway entrance or exit shall be located within 25 feet of the point of tangency of the existing or proposed curb radius or either road.
No entrance or exit driveway shall be located on the following portions of a road: within acceleration or deceleration lanes or their transitions, a rotary, a ramp or interchange or within 25 feet of the beginning of any ramp or other portion of an interchange. Driveways located on cul-de-sac road turnarounds are permitted so long as they meet all criteria of this chapter.
A. 
All driveways within the township right-of-way or within 25 feet of the center line of the road, whichever is greater, shall be constructed as follows:
(1) 
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). The applicant may substitute three inches of bituminous stabilized base for the six inches of quarry processed.
(2) 
All materials and methods of construction shall comply with the New Jersey State Highway Specifications for Road and Bridge Construction, current edition, and all amendments and revisions thereto.
(3) 
Driveways to be constructed of other materials require the submittal of a design and approval by the Township Engineer.
B. 
Site improvements shall conform to the applicable development approvals and/or ordinances and conditions of the driveway permit.
A. 
The application shall contain a plan in sufficient detail for the Township Engineer or Zoning Officer 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) 
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, including details of stormwater control devices.
B. 
Where a driveway was in existence prior to April 6, 2000, and the owner has decided to substantially change said driveway’s width, location or elevation, the owner shall file an application with the Zoning Officer on forms provided, together with a fee of $50. The Zoning Officer shall determine if further review is required by the Township Engineer. If review by the Township Engineer is required, then escrow per § 76-3 shall be required along with a plan per § 76-14A. An applicant proposing to repave an existing paved driveway shall submit an application to the Zoning Officer but shall not be required to pay a fee, provided that no other modifications to the driveway are made. Driveway plans, profiles and construction details shall not be required.
[Amended 12-17-2009 by Ord. No. 126.5.2009]
C. 
The Township Engineer shall inspect the premises and review the application, and if the proposed improvements comply with the standards of this chapter (for site improvements, the applicable development approval and/or Building Ordinance), the Zoning Officer or Engineer shall issue a driveway permit. If the determination is that the proposed driveway or driveway modifications or site improvements do not comply with standards of this chapter, then the applicant shall receive written notice specifying the particulars of noncompliance.
A. 
The Bethlehem Township Board of Adjustment/Planning Board is hereby established, constituted and appointed as a Driveway Appeal Board to hear and decide driveway appeals pursuant to this chapter.
B. 
The Bethlehem Township Board of Adjustment/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 applicant that there is error in any order, requirement, decision or refusal made by the Township Zoning Officer or Township 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 office from whom the appeal is taken, or with the Township Clerk, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board of Adjustment/Planning Board all the papers constituting the record upon which the action appealed from was taken. An appeal to the Board of Adjustment/Planning Board shall stay all proceedings in furtherance of the action in respect to which the decisions appealed from was made. Such appeal shall be heard by the Board of Adjustment/Planning Board in accordance with its usual rules of 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 Bethlehem Township Board of Adjustment/Planning Board, upon application or appeal relating to such property, may grant a variance from such strict applications 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 substantially impairing the intent and purpose of this chapter, nor any future Bethlehem Township soil erosion and sediment control ordinance nor of the Bethlehem Township Land Development Ordinance.
D. 
Notices of appeals pursuant to this section shall be given by the application in the manner prescribed by N.J.S.A. 40:55D-12 (the Municipal Land Use Law).
E. 
The fee for filing a driveway appeal pursuant to this section shall be $250, plus escrow per § 76-3 if Township Engineer involvement is required, plus deposit for certified shorthand reporter as required by § 102-45E of Chapter 102, Land Use and Development.
F. 
Site improvement appeals shall be to the board or agency that required them.
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 permit shall be completed prior to issuance of the certification of occupancy. However, in the event that the necessary work and improvements cannot be completed at the time of application for the 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 performance guaranty, in the form of cash or a bond, sufficient in amount to cover 120% of the estimate cost, but not less than $2,000, of said work or uncompleted portions thereof, as approved by the Township Engineer, is filed with the Township Clerk.
C. 
If the driveway or site improvements have not been completed within one year of date of the issuance of the permit, the township may complete the improvements without notice to the applicant or property owner. The cost in excess of the performance guaranty shall be a lien on the property and recovered from the property owners.
D. 
Upon certification by the Township Engineer or the Township Zoning Officer that all work and improvements required by the driveway permit have been completed, the Clerk shall return any remaining amount of the performance guaranty and escrow to the person who supplied the same or to the present owner of the property, whoever submitted the bond and escrow.
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 township 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 the penalties provided by § 1-15 of Chapter 1, General Provisions. Each and every day that a violation continues after notification thereof shall constitute an additional, separate and specific violation.
Before a driveway construction permit is issued, the applicant shall deposit with the appropriate official the sum of $500 for a street opening and completion bond, conditional upon the performance by the applicant or his successor(s) of the following requirements:
A. 
The restoration of the street or roadbed, its surface and paving to the original conditions prior to openings for utilities, connections or for other purposes, in accordance with construction operation.
B. 
Restoration of any sidewalk or curbing construction to the extent before such construction operation began and the repair of all damage arriving from such construction.
C. 
Refilling or backfilling or any excavating so as to restore its original condition in the event of any secession or abandonment of the driveway operation leaving the property in a dangerous or unsanitary condition constituting a menace to public health and safety.
The Township Zoning Officer shall certify that the driveway is constructed in conformance with this chapter prior to the release of the aforesaid bond.