Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
[Adopted 8-18-1978 as Ord. No. 4-10-78]
[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.
A. 
For the purpose of this article, the word "driveway," in addition to its regularly accepted common meaning, shall also refer to any lane, way, field entrance or privately owned road.
B. 
An existing driveway is altered or modified, within the meaning of this chapter when its horizontal location or vertical elevation is changed or when drainage facilities are installed or replaced within the public right-of-way. An existing driveway is not being altered or modified within the meaning of this chapter when it is paved, widened, narrowed or normally maintained. Normal maintenance includes activities such as replacing stone or patching asphalt. Where the alteration or modification includes any area within the public right-of-way, the portion of the driveway within the right-of-way shall be brought into conformance with the requirements of this chapter, excluding the requirements of § 112-10C.
[Amended 7-1-2013 by Ord. No. 17-14-2013]
C. 
A residential driveway is one providing access to a single- or multifamily residence or to an apartment building containing five or fewer dwelling units.
D. 
A commercial driveway is 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.
E. 
An industrial driveway is one directly serving substantial numbers of truck movements to and from loading areas of an industrial facility, warehouse or truck terminal.
F. 
The roadway is the portion of a public road right-of-way on which travel is conducted.
G. 
Common driveway.
[Added 7-1-2013 by Ord. No. 17-14-2013[1]]
(1) 
A common driveway is a driveway serving two or more lots created by or resulting from Planning Board approval of a Class II minor subdivision.
(2) 
A common driveway access easement must be at least 50 feet in width with an improved surface of at least 10 feet in width and with a graded area three feet wide on each side of the improved surface of the driveway. If a driveway exceeds 500 feet in length, an area 20 feet in width and 50 feet in length shall be provided to facilitate passing of vehicles for each full five-hundred-foot length. The maximum grade at any point of a common driveway shall not exceed 15%. The surface of the common driveway must consist of at least six inches' compacted thickness of quarry-processed three-fourths-inch road stone. On each common driveway, all trees and limbs shall be cleared to a minimum height of 14 feet from that area which extends three feet on each side of the improved surface of the driveway. Each common driveway shall be improved at the entrance of the common driveway onto the public street by the construction of a paved apron which conforms to the standards set forth in this chapter for driveway aprons or as required by Hunterdon County or the New Jersey Department of Transportation where applicable, except that the paved area shall be a minimum of 50 feet in length into the driveway, measured from the edge of the road right-of-way.
(3) 
Whenever a Class II minor subdivision is approved, no lot in the Class II minor subdivision shall be conveyed to a new owner without the applicant/owner of the unsubdivided tract first completing construction of the common driveway in its entirety. No certificate of occupancy shall be issued for any building constructed on any lot within a Class II minor subdivision unless construction of the common driveway is completed in its entirety. The foregoing restrictions shall be incorporated into the deeds and/or any plat filed to perfect the approval of any Class II minor subdivision.
[1]
Editor's Note: This ordinance superseded former Subsection G, Class III common driveway, added 12-20-1993 by Ord. No. 8-19-93, and former Subsection H, Class II common driveway, added 12-16-2002 by Ord. No. 11-11-2002, which immediately followed.
A. 
No person or persons, corporation or corporations, industry or commercial establishment shall cut, construct or alter any driveway from private property to a public road without first having secured an opening permit from the Kingwood Township Road Supervisor, upon application to and approval of same by said Road Supervisor. The application shall contain a plan in sufficient detail for the Road Supervisor to determine compliance with this chapter. The application shall include the following information:
[Amended 7-1-2013 by Ord. No. 17-14-2013]
(1) 
A site plan or sketch showing the driveway for its entire length and its relation to the intersecting road, the proposed and existing location of dwellings or structures, septic systems, existing or proposed surface water swales, diversions, etc.
(2) 
On any driveway where existing lot grades exceed 8% in the area of the driveway, a profile of the driveway showing existing and proposed center-line grades and elevations for its entire length shall be required.
(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.
(4) 
The Road Supervisor shall inspect the premises and review the driveway permit application. If the proposed permit application and driveway improvement comply with the standards of this chapter, the Road Supervisor shall recommend issuance of a driveway permit. If the determination is that the proposed driveway application or driveway improvements do not comply with the standards of this chapter, then the applicant shall receive written notice specifying the particulars of noncompliance.
B. 
The Township Road Supervisor may refer said application and supporting data to the Township Engineer for his review and recommendations in instances where, because of the characteristics of the particular site in question, engineering review is appropriate or necessary. 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 control 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.
[Amended 7-1-2013 by Ord. No. 17-14-2013]
C. 
If a driveway existed at the date of the adoption of this article and the owner proposes to alter the same in any way, then the owner shall file an application with the Township Road Supervisor, who 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 article, then in that event the Township Road Supervisor shall issue an opening 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 article, then the applicant will receive written notice thereof and shall comply with the applicable provisions of this article.
D. 
Driveways serving multifamily, commercial or industrial uses shall be referred to the Township Engineer for review.
[Amended 7-1-2013 by Ord. No. 17-14-2013]
E. 
All costs of materials required and work performed shall be borne by and paid by the applicant or owner of the affected property, including the installation and maintenance of any drainage culvert along the road right-of-way required in connection with the establishment, opening, paving, widening, narrowing, relocation or maintenance of any driveway.
[Amended 12-15-1986 by Ord. No. 5-8-86]
F. 
The applicant for a permit shall pay the Township an administration fee of $100 upon application. Should the application be referred to the Township Engineer for review, the applicant shall deposit with the Township an escrow deposit in the amount of $300. Escrow is to cover the estimated cost of professional review of the application by the Township Engineer and other professionals. The escrow deposit shall be administered by the Township Clerk in accordance with Chapter 132, Zoning. The Township may require replenishment of such escrow in accordance with said section.[1]
[Added 12-15-1986 by Ord. No. 5-8-86; amended 7-1-2013 by Ord. No. 17-14-2013]
[1]
Editor's Note: Former Subsection G, regarding Class III minor subdivisions, added 6-16-1997 by Ord. No. 9-7-97, as amended, which immediately followed this subsection, was repealed 10-1-2015 by Ord. No. 18-11-2015.
A. 
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 minimum requirements of this section.
B. 
All driveways shall be constructed or altered so as to slope from the public road right-of-way line toward the edge of the existing shoulder or traveled way in accordance with the following schedule:
[Amended 7-1-2013 by Ord. No. 17-14-2013]
(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 Road Supervisor or Township Engineer.
(4) 
The maximum grade at any location along the driveway shall be 15% for residential driveways and 8% for commercial and industrial driveways.
(5) 
For grade changes greater than 6% at any location along the driveway, vertical curves at least 10 feet long shall be used to connect tangents.
(6) 
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 of the road right-of-way shall be paved with a bituminous concrete, macadam or portland cement concrete surface.
A. 
All residential and 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. 
The angle between industrial driveways and the near edge of the roadway shall be designed for the particular situation and shall be subject to the review and approval of the Township Engineer.
[Amended 7-1-2013 by Ord. No. 17-14-2013]
C. 
Driveways accessing lots fronting on a sharply curved portion of a roadway shall be aligned so as not to appear as a continuation of the roadway from a driver’s perspective traveling in either direction along said road.
[Added 7-1-2013 by Ord. No. 17-14-2013]
[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.
A. 
All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of soil, gravel and debris from them and land adjoining them. Measures for soil erosion and sedimentation control must meet or exceed the standards and specifications set forth in the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee. Silt, gravel and debris shall be prevented from running onto the public roadways and adjoining property and from entering road gutters, catch basins, inlets or drainpipes.
[Amended 7-1-2013 by Ord. No. 17-14-2013]
B. 
In instances where, pursuant to § 112-8B of this article, the Township Road Supervisor requires a soil erosion and sediment control plan prepared by a professional engineer, the plan shall contain:
(1) 
Location of existing natural and man-made features on and surrounding the site and the proposed driveway, including general topography and soil characteristics, and a copy of the Soil Conservation District's soil survey, where applicable.
(2) 
Location and description of proposed changes to the site.
(3) 
An indication of the measures to be taken for soil erosion and sediment control. The detailed plans, specifications and standards for any soil erosion and sediment control measures shall be dictated by the characteristics of the site upon which the driveway is to be constructed and the nature and location of the driveway. All such plans shall utilize the standards and specifications set forth in the Standards for Soil Erosion and Sediment Control in New Jersey as Promulgated by the State Soil Conservation Committee.
(4) 
A schedule of the sequence of installation of planned soil erosion and sediment control measures as related to the progress of the installation of the driveway, including starting and completion dates.
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 circumstances 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 Road Supervisor and/or Township Engineer, the driveway may be constructed to have a sufficient rise above shoulder level to prevent excessive runoff from the roadway onto adjacent property.
[Amended 7-1-2013 by Ord. No. 17-14-2013]
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 suitable-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 Road Supervisor and/or Township Engineer. No pipe or culvert shall be less than 12 inches in diameter and 24 feet in length. Pipe terminus shall be finished with a dry-laid stone headwall.
[Amended 7-1-2013 by Ord. No. 17-14-2013]
D. 
The installation of suitably sized cross drains shall be required at points along the driveway, as deemed necessary by the Road Supervisor and/or Township Engineer, in order to prevent the accumulation of large quantities of runoff waters and effects of soil erosion on the public right-of-way or adjoining property. Where possible, driveways should be designed with a cross slope of 2% to direct runoff to the driveway edge. Stabilized swales along driveways shall be installed as needed.
[Amended 7-1-2013 by Ord. No. 17-14-2013]
[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.
A. 
The Township Road Supervisor shall be notified at least 48 hours prior to beginning construction or alteration of the driveway so that he/she may inspect same during construction or alteration. Upon notice to the Road Supervisor of the completion of the construction or alteration of the driveway, the Township Road Supervisor shall inspect same and shall endorse an opening permit to evidence compliance or noncompliance with standards specified herein. The construction or alteration of the driveway shall not be deemed in accord with the provisions of this article unless and until the said permit has been so endorsed.
B. 
In the event the construction or alteration of the driveway entrance is not completed in accordance with the permit theretofore issued for such, said permit shall not be endorsed by the Road Supervisor, who shall state in writing the manner in which such construction is not in accord with said permit.
[Amended 7-1-2013 by Ord. No. 17-14-2013]
C. 
Failure of the Township Road Supervisor or Township Engineer to endorse the opening permit within 45 days after submission of said permit to the Township Road Supervisor for endorsement shall be deemed as approval by the Township.
[Amended 7-1-2013 by Ord. No. 17-14-2013]
[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.
A. 
No building permit shall be issued for the construction or alteration of any structure where inherent in any application for such permit an opening permit is required in accordance with the standards of this article, until the opening permit herein provided for shall have been so endorsed by the Township Road Supervisor and all work required hereunder shall be completed, except that the improvement required by § 112-15B(2) may be completed at any time prior to issuance of the certificate of occupancy.
B. 
Performance guaranty.
[Amended 3-17-1989 by Ord. No. 6-9-1989]
(1) 
In the event that the improvement required by § 112-15B(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 such other extenuating circumstances, the Road Supervisor or Township Engineer may endorse a conditional road opening permit application, provided that a performance guaranty in the form of a cash deposit sufficient in amount to cover 120% of the estimate cost, but not less than $2,000 per opening, is paid to the Township Clerk.
[Amended 12-17-2001 by Ord. No. 11-8-2001; 7-1-2013 by Ord. No. 17-14-2013]
(2) 
The conditional road opening permit application shall establish the time period, not to exceed six months, in which the performance of the applicant (or owner, or assign, or successor in interest or in title to the property) is to be completed; and upon failure by the applicant to complete the improvement within the time as required, the applicant shall forfeit the cash deposit and the Township shall be authorized to install and/or complete the improvement(s), utilizing the forfeited funds of the performance guarantee. The applicant/owner/assign/successor of the property shall be liable for any costs in excess of the performance guarantee, and if such excess costs are not paid to the Township within 30 days of a written bill delivered to the applicant/owner for such costs, the Township will impose a lien against the property and file such lien with the Municipal Tax Collector to be collected with normal taxes in addition to interest at the rate of 8% per annum. There shall be no return of any funds on a forfeited performance guarantee.
[Amended 12-17-2001 by Ord. No. 11-8-2001]
(3) 
Upon notice to the Township Road Supervisor of the completion of said work or completion of the work by the Township Road Department or an independent contractor retained by the Township due to the failure of the applicant to install the improvement, the Township Road Supervisor shall again inspect the same and shall endorse an opening permit as provided under § 112-17 of this article.
(4) 
Upon an applicant/owner completing performance of the improvement(s) in a timely manner as verified by the Township Road Supervisor, the Township Engineer or their designee, the Township Clerk shall return the performance guarantee held by the Township.
[Amended 12-17-2001 by Ord. No. 11-8-2001]
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.
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. 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 § 112-8D if involvement of Township professionals is required.