[Adopted 8-18-1978 by 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 also 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.
[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).
