[HISTORY: Adopted by the Township Committee
of the Township of Franklin 12-28-1979; amended in its entirety 6-10-1993 by Ord. No. 93-6 (Ch.
67 of the 1988 Code). Subsequent amendments noted where applicable.]
The purpose of this chapter is to set certain
standards for the design and location of driveways in order to promote
the safety, public health, convenience and general welfare of the
Township through, inter alia, lessening of soil erosion, improvement
of emergency vehicle access and preservation of road edges.
[Amended 9-14-1995 by Ord. No. 95-12; 4-18-2002 by Ord. No. 2002-03; 10-31-2006 by Ord. No. 2006-12; 8-14-2008 by Ord. No.
2008-15]
A.
No driveway or lot entrance may be constructed, nor shall any existing
driveway or lot entrance be altered in the Township, for a residential
or other use not requiring site plan approval unless the owner first
obtains a driveway permit from the Township Zoning Officer with an
approval stamp from the Township Engineer. For the purpose of this
chapter, an alteration is any change in the horizontal or vertical
alignment of the driveway; or an increase of 500 square feet of surface
area of the driveway.
B.
At the time of application submission, the applicant shall pay a fee as established by Chapter 182, Fees, of the Code of the Township of Franklin to cover the review cost of the application, plus the cost of the site inspection(s), by the Township Engineer. All fees shall be paid in full by the applicant before a permit is issued.
C.
The Township Engineer may require that additional information, such
as a driveway plan and profile, a drainage plan and/or a soil erosion
and sediment plan, be prepared by a professional engineer licensed
in the State of New Jersey in those instances where the Township Engineer
has determined that conditions are such that the driveway design,
drainage plan and/or soil erosion and sediment control plan will require
the application of engineering expertise.
(1)
In the event that the Township Engineer determines that additional
information is required, the applicant shall pay an additional escrow
fee of $1,000. Failure to pay said escrow within five days shall result
in the application being denied and shall further result in a stop-work
notice to issue.
[Amended 10-8-2020 by Ord. No. 2020-09]
D.
Upon receipt of an application, together with drawings and other
supporting data, the Township Engineer shall inspect and study the
site of the proposed driveway or other entrance, and, in the event,
in his/her opinion, that 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 in the application and drawings and be made
known to the applicant by the Township Engineer, in writing.
E.
All costs of materials required and work performed shall be borne
and paid by the applicant or owner of the affected property, including
the installation and maintenance of any driveway. All materials used
must be approved by the Township Engineer.
F.
The Township Engineer shall be notified at least 48 hours prior to
beginning construction or alteration of the driveway so that he/she
may inspect the same during construction or alteration. Upon notice
to the Township Engineer of the completion of the construction or
alteration of the driveway, the Township Engineer shall inspect the
same and endorse the driveway permit to evidence compliance or noncompliance
with standards specified herein. The construction or alteration of
the driveway shall be deemed not in accord with the provisions of
this chapter until said permit has been so endorsed.
G.
In the event that the construction or alteration of the driveway
entrance is not completed in accord with the permit previously issued
for such, said permit shall be so endorsed by the Township Engineer
who shall state the manner in which such construction is not in accord
with said permit.
H.
Failure of the Township Engineer to endorse the driveway permit within
21 days after submission of said permit to the Township Engineer for
endorsement shall be deemed as approval by the Township.
I.
In the event that a driveway permit has been issued and the driveway
apron has not been installed, inspected and approved by December 1
of any calendar year or within six months of issuance of said permit
or at any time when regular, ongoing construction activity has ceased
for more than 30 days, the applicant shall post a driveway completion
bond in the amount of $3,000. Upon posting of same the applicant may
defer installation of the final top course until April of the next
succeeding year. The applicant shall file by March 15 written notice
with the Construction Code Official of his or her intention to complete
driveway improvements. Failure to do so shall be deemed default. Upon
default the Township shall first charge an administrative fee of $500
against the bond. The Township shall thereafter cause the work to
be completed. Should the cost of the work exceed the remainder, such
deficiency shall constitute a lien upon the premises and be enforceable
in the manner provided for by law for unpaid taxes.
An agricultural permit may be issued without a fee if the nature of the lot entrance is for ingress to and egress from an agricultural lot and is not used to access any building. If the construction of said lot entrance entails engineering skills which are of the nature normally rendered by the Township Engineer, then the cost shall be borne by the applicant/lot owner and shall be paid in full before a permit is issued. If an agricultural permit is applied for and the lot entrance may be used for access to a building then the permit shall be denied on an agricultural basis, and the applicant/lot owner must apply for a regular driveway permit. For the purposes of this chapter, a lot will be considered agricultural if it is in the farmland assessment program. A valid agricultural permit need not comply with §§ 166-2B and 166-15A(2) and (3) of this chapter.
[Added 10-7-2004 by Ord. No. 2004-15]
A driveway, serving one lot, constructed in
the front yard setback area, shall be exempted from the exclusion
of construction of a structure in a setback. A driveway serving two
or more lots, or a flag lot, shall be exempted from the exclusion
of construction of a structure in a setback.
All driveways to be constructed shall be done
in accordance with the following minimum requirements:
A.
All subdivisions resulting in more than two lots shall
be limited to no more than one road access, supported by an internal
driveway or road system.
[Amended 10-7-2004 by Ord. No. 2004-15]
B.
Sight distance required. Any exit driveway shall be
designed in profile, grading and location to permit a one-hundred-foot
minimum sight distance, if physically feasible, measured in each direction
along the intersecting road. The measurement shall be from the driver's
seat of a vehicle standing on that portion of the exit driveway with
the front of the vehicle a minimum of 10 feet behind the curbline
or the edge of the shoulder of the intersecting road and the height
of the eye 3.75 feet to the top of an object 4.5 feet above the pavement.
C.
Permitted slope at intersection. All driveways shall
be constructed so as to slope from the road right-of-way line toward
the edge of the existing shoulder or traveled way in accordance with
the following schedule:
(1)
For road right-of-way widths greater than 50 feet,
the driveway shall be constructed so that, at the point of intersection
of the road right-of-way line and the center line of the driveway,
the finished grade of the driveway shall be no more than six inches
higher than the center-line elevation of the existing pavement or
traveled way.
(2)
For road right-of-way widths of 50 feet or less, the
driveway shall be constructed so that, at the point of intersection
of the road right-of-way line and the center line of the driveway,
the finished grade of the driveway shall be no more than three inches
higher than the center-line elevation of the existing pavement or
traveled way.
D.
The design of the driveway shall minimize soil disturbance
and minimize the potential for erosion and water runoff. The design
shall reflect the topography and rural vistas by a combination of
landscaping and curvilinear design. The resulting design shall minimize
the visual impact of the road, thus maintaining the rural character
of the community.
[Added 10-7-2004 by Ord. No. 2004-15]
All driveways constructed 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 a right-of-way
50 feet in width the center line of which is the center line of the
existing right-of-way, whichever is wider.
To ensure access for vehicles, any grade on
a driveway shall be flat to prevent the dragging of any vehicle undercarriage.
The maximum permitted gradients and grade lengths for driveways within
the road right-of-way are shown on the profile attached hereto. The
maximum percent of grade beyond the road right-of-way on an unpaved
driveway shall not exceed five vertical five feet per 100 horizontal
feet, and on a paved driveway shall not exceed 12 vertical feet per
100 horizontal feet. Reasonable cutting, filling and switch backs
may be used to achieve compliance with maximum percent of grades.
All driveways constructed shall have a minimum
driving width of 10 feet with a minimum radius as shown on the attached
plan[1] as they touch the intersecting road pavement or traveled
way. If a driveway exceeds 500 feet in length, an area for passing
20 feet in driving width shall be provided for each full five-hundred-foot
length. If a driveway has a switch back, turn, rotary or cul-de-sac,
it shall provide a turning diameter driving width of not less than
40 feet. A place shall be provided near the terminus of every driveway
for vehicles to reverse direction. The minimum driving width, plus
a two-foot-wide strip on each side thereof, shall be kept cleared
of vegetation and other obstructions between one and 12 feet in height,
inclusive.
[1]
Editor's Note: The plan is on file in the
Clerk's office.
[Amended 8-14-2008 by Ord. No. 2008-15]
All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of the soil from them and land behind them. Water and silt shall be prevented from running onto roads, filling up road gutters, catch basins, inlets or pipe drains. For driveways requiring the disturbance of more than 5,000 square feet of land area, a separate permit for soil erosion and stormwater management will be required, pursuant to Chapter 295.
All driveways shall be constructed so as not
to interfere with the drainage 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 a hump or uneven driving surface on the pavement or traveled
way or shoulder.
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.
[Amended 10-31-2006 by Ord. No. 2006-12; 8-14-2008 by Ord. No.
2008-15]
The installation of a suitable size reinforced
concrete pipe with headwall 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 or pipe and accompanying
headwall shall be determined by the Township Engineer, and the placement
shall be in accordance with instructions given by the Engineer.
[Amended 8-14-2008 by Ord. No. 2008-15]
Where a site from which a proposed driveway
exits occupies a corner of 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 of that site unless the Township
Engineer deems this distance unsafe from a traffic standpoint.
A.
No entrance or exit driveway shall be located on the
following portion of a road: a rotary or a ramp of an interchange
or within 25 feet of the beginning of any ramp or other portion of
an interchange.
B.
All driveways shall be constructed so as to be wholly
contained on the lot to be served by said driveway. No portion of
a driveway shall be constructed on any property which adjoins the
lot to be served by the proposed driveway.
A.
All driveways entering Township roads shall be constructed
of the following materials for the minimum distance within the road
right-of-way as shown on the attached plan.[1]
(1)
Driveways entering unpaved roads shall have a minimum
base course of 12 inches (compacted thickness) of one-and-one-half-inch
to two-inch crushed clean stone or shale and four inches compacted
thickness of three-quarter road blend or quarry process (blend) stone,
thoroughly rolled and compacted, of the specified width.
[Amended 10-31-2006 by Ord. No. 2006-12]
(2)
Driveways entering paved roads shall have a minimum
base course of 12 inches (compacted thickness) of one-and-one-half-inch
to two-inch crushed clean stone or shale and four inches compacted
thickness of three-quarter road blend or quarry process (blend) stone,
thoroughly rolled and compacted, of specified width.
[Amended 10-31-2006 by Ord. No. 2006-12]
(3)
The minimum pavement for any apron entering a paved
road shall be 10 feet wide and 25 feet long from the edge of the Township
road and shall have a minimum radius at the intersecting road of 20
feet in width.
[1]
Editor's Note: The plan is on file in the
Clerk's office.
B.
All materials shall comply with the New Jersey State
Highway Specifications for Road and Bridge Construction, 2001 Edition,
and all amendments and revisions thereto.
[Amended 8-14-2008 by Ord. No. 2008-15]
[Amended 8-14-2008 by Ord. No. 2008-15]
A.
The application shall contain a plan in sufficient
detail for the Township Zoning Officer/Engineer to determine compliance
with this chapter. These plans shall show or include the following
information:
(1)
A plot or site plan showing the driveway for its entire
length and its relation to the intersecting road.
(2)
A profile of the driveway showing existing and proposed
center-line grades and elevations for its entire length shall be required
for any driveway having a maximum percent of grade exceeding 12%.
(3)
A plan showing the type of storm drainage to be constructed
at the driveway entrance to the intersecting 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 alter its course or location,
then the owner shall file an application with the Township Zoning
Officer on the forms provided. The Township Zoning Officer 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, he shall
issue a permit to said applicant. If the determination is that the
proposed improvement of the driveway does not comply with the standards
of this chapter, then the applicant will receive written notice to
comply with the provisions of this chapter.
[Amended 8-14-2008 by Ord. No. 2008-15]
No building permit shall be issued for the construction or alteration of any structure where, inherent in any application for such a permit, a driveway permit is required in accordance with the terms of this chapter until said driveway permit is issued. The driveway may be constructed simultaneously with site work, but under no conditions shall a building permit be issued until the minimum base course described in § 166-15A(1) and B are completed and approved by the Township Engineer.
A.
All work and improvements required by the driveway permit shall be completed prior to the issuance of the certificate of occupancy. However, in the event that the necessary work and improvements as required by § 166-15A(2) 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 performance guaranty is provided in the form of cash or a bond in the amount of $2,000 for a standard entrance apron of 25 feet in length. Bond or cash amounts for other driveways shall be determined by a formula set by the Township Engineer and/or the Township Enforcement Officer. Said work and improvements as required by § 166-15A(2) must then be completed within six months thereafter or the Township may utilize the cash or bond to complete the same.
[Amended 10-31-2006 by Ord. No. 2006-12]
B.
Upon certification by the Township Engineer that all
work and improvements required by the driveway permit have been completed,
the Chief Financial Officer shall return any remaining amount of the
performance guaranty to the person who supplied the same.
[Amended 8-14-2008 by Ord. No. 2008-15]
[Amended 10-31-2006 by Ord. No. 2006-12; 8-14-2008 by Ord. No.
2008-15]
Any person or persons, firm or corporation violating
any provision of this chapter which results in deteriorated aprons,
broken pipes or debris in the roadway caused by debris flow from driveways
or 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 in repairing said damage or
removing said obstruction, in addition to the penalty herein provided.
Further, in the event that property owner negligence in driveway construction
or maintenance has contributed to said damage or obstruction, the
Township Public Works Supervisor or Engineer shall notify, in writing,
said property owner of the specific conditions requiring correction.
The property owner shall respond in writing within three business
days. Thereafter, in addition to seeking injunctive or other relief,
if, in the opinion of the Township Public Works Supervisor or Engineer,
said repairs are not completed in a timely manner, then the Township
may cause said repairs to be completed at the property owner's expense.
If any person shall be aggrieved by an action
of the Township Enforcement Officer/Engineer/Public Works Supervisor
under this chapter, appeal therefrom in writing to the Township Committee
may be taken within 10 days after the date of such action. The Township
Committee shall fix a reasonable time for the hearing of the appeal,
giving due notice thereof to the appellant. Said appellant shall,
at least 10 days to the time appointed, notify by certified mail all
owners of property within 200 feet of the extreme limits of the property
to be affected by such appeal, measured along both sides of the public
road, as they appear on the current municipal tax records. Said notice
shall state the time and place of the hearing and the matter being
appealed. The appellant shall also cause notice of the hearing to
be published in the official newspaper or a newspaper of general circulation
in the Township at least 10 days prior to the hearing. The appellant
shall, by affidavit, present satisfactory proof to the Township Committee
at the time of the hearing that said notices have been duly mailed
and published as required by this section.
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 in Chapter 1, Article I, General Penalty. Each and every day that a violation continues after notification thereof shall constitute an additional, separate and specific violation.
