[Amended 7-1-2013 by Ord.
No. 17-14-2013]
The purpose of this article is to assure the
proper installation and alteration of all private driveways in the
Township of Kingwood, to minimize erosion and flow of soil and debris
from said driveways and surrounding lands onto public roadways, to
assure safe means of ingress and egress to public roadways, to conserve
the general value of property within the Township, to ensure emergency
vehicle access and to maximize efforts to assure the public and service
vehicles the right to safe and comfortable use of public roadways
and private driveways.
[Added 7-1-2013 by Ord. No. 17-14-2013]
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.
[Amended 7-1-2013 by Ord.
No. 17-14-2013]
A. All residential and commercial driveways constructed
or altered within public road rights-of-way shall have a minimum driving
width of 12 feet and may taper to a minimum width of 10 feet beyond
the right-of-way line. Leading from the edge of the public roadway
along the driveway there shall be a widened approach which shall depend
upon the conditions of the specific location and shall be as specified
and directed by the Road Supervisor. In no case shall the widened
approach be less than the equivalent to a radius of 10 feet on each
side of the driveway as it intersects the public roadway.
B. Multifamily, commercial and industrial driveway widths
shall be designed to accommodate commercial vehicles and higher traffic
volumes but in no event shall exceed a maximum width of 35 feet. The
widths shall be designed for their particular situations and shall
be subject to the review and approval of the Township Engineer.
[Amended 7-1-2013 by Ord.
No. 17-14-2013]
A. The applicant
shall engage the services of a qualified environmental consultant
to evaluate the property for the presence or absence of freshwater
wetlands, wetland buffers or flood hazard areas in the vicinity of
the proposed improvements. Results of the evaluation are to be submitted
in writing from the consultant concurrent with submission of the driveway
application.
B. In situations
where the proposed driveway involves disturbance within flood hazard
areas and/or freshwater wetlands or their associated buffer/transition
areas as regulated by N.J.A.C. 7:13 and N.J.A.C. 7:7A, the applicant
shall give notice thereof to the New Jersey Department of Environmental
Protection Division of Land Use Regulations prior to the issuance
of an opening permit by the Road Supervisor, and any required formal
permit must be obtained from the New Jersey Department of Environmental
Protection prior to the issuance of the opening permit.
[Amended 7-1-2013 by Ord.
No. 17-14-2013]
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. Driveways entering unpaved roads: six inches (compacted
thickness) of one-and-one-half-inch quarry process (blend) stone thoroughly
rolled and compacted at the specified width.
B. Driveways entering paved roads:
(1) Base course: six inches (compacted thickness) of one-and-one-half-inch
quarry process (blend) stone thoroughly rolled and compacted. The
applicant may substitute three inches of bituminous stabilized base
for the six inches of quarry-processed stone.
(2) Surface course: two inches (compacted thickness) of
bituminous concrete Type FABC-1.
C. 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.
(4) The width of the depressed curb shall be subject to
approval by the Road Supervisor and/or Township Engineer.
D. All materials shall comply with the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction,
2007 Edition, and all amendments and revisions thereto.
[Amended 7-1-2013 by Ord.
No. 17-14-2013]
A. Sight
areas on each side of residential, commercial and industrial driveways
shall be cleared and graded to provide unimpeded sight of vehicles
approaching on the public roadway in accordance with the following
schedule or as otherwise specified by the Township Engineer or Road
Supervisor:
Operating Speed
(mph)
|
Sight Distance
(feet)
|
---|
25
|
165
|
30
|
200
|
35
|
250
|
40
|
325
|
50
|
475
|
B. Sight
distance values above are to be as measured from a vehicle 10 feet
back of the pavement edge of the roadway at a point 3 1/2 feet
above the driveway grade to a point 4.25 feet above the road center
line grade in both directions.
[Added 7-1-2013 by Ord.
No. 17-14-2013]
A. 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
(feet)
|
Maximum Permitted Driveway Openings
|
---|
200 or less
|
1
|
More than 200
|
2
|
B. The maximum number of driveway openings permitted from a residential
lot shall be one.
C. The maximum number of driveway openings permitted from an unimproved
active agricultural lot shall be one.
D. Agricultural lots having a frontage greater than 200 feet and containing
a residence are permitted one additional driveway opening to access
the farm fields.
[Amended 7-1-2013 by Ord.
No. 17-14-2013]
In the event of any circumstance that would
entail an unreasonable hardship upon the owner and/or permittee to
construct an entrance driveway, lane or accessway in accordance with
the above specifications, the Township Engineer and Road Supervisor
are authorized to make such modifications thereto as he/she shall
determine feasible and appropriate to afford a good, safe and well-drained
driveway intersection in accordance with good engineering practices.
Any questions as to the application or interpretation of the afore-stated
minimum specifications shall be resolved by the said Township Engineer.
Any person or persons, firm or corporation violating
any section of this article 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
Kingwood for repairing said damage or removing said obstruction in
addition to the penalties herein provided.
[Amended 11-4-2021 by Ord. No. 21-20-2021]
Any person or persons, industry or commercial establishment violating any section of this article shall, upon conviction thereof, be subject to a fine not to exceed $500 or imprisonment for a term not to exceed 90 days, or both the penalty provisions in Chapter
1, General Provisions, Article
II, General Penalties, of the Township Code. Each and every month that said violation continues shall constitute a separate and specific violation. In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief.
[Amended 7-1-2013 by Ord.
No. 17-14-2013]
A. In accordance with §
132-131A(5), the Kingwood Township Board of Adjustment is established, constituted and appointed as a Driveway Appeal Board to hear and decide driveway appeals pursuant to this chapter.
B. The Kingwood Township Board of Adjustment, 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 all the papers constituting the record
upon which the action appealed from was taken. An appeal to the Board
of Adjustment 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 in accordance with its usual
rules of practice and procedure, where applicable.
C. In connection with an appeal from denial of a driveway opening permit
and 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 Kingwood Township Board of Adjustment
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 or any other Kingwood Township ordinance.
D. Notices of appeals pursuant to this section shall be given by the
applicant 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 $500, plus escrow per §
112-8F if involvement of Township professionals is required.
[Amended 11-4-2021 by Ord. No. 21-20-2021]