Township of Holland, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Holland 7-18-1989 by Ord. No. 1989-7. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 63.
Excavations — See Ch. 76.
Fees — See Ch. 83.
Land use — See Ch. 100.
Certificates of occupancy — See Ch. 115.
Streets and sidewalks — See Ch. 148.
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 welfare and general welfare of the municipality through, among other things, the lessening of soil erosion, ensuring emergency vehicle access, promotion of traffic safety and preservation of municipal road structures.
As used in this chapter, the following terms shall have the meanings indicated:
DRIVEWAY
Any lane, way, opening, construction entrance or privately owned road entering upon any street within the municipality, excepting field openings to nonresidential land used exclusively for farming purposes.
LOT
The definition of "lot" in Chapter 100, Part 1, Zoning, of the municipality shall apply.
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.
MUNICIPALITY or MUNICIPAL
The Township of Holland, in the County of Hunterdon, New Jersey.
STREET
Either an existing street owned, accepted or maintained by the municipality or a street in a development approved by the Municipal Planning Board or Board of Adjustment, which street, according to the terms of such approval or the plat approving such development, is to be accepted and maintained by the municipality.
UPHILL DRIVEWAY
A driveway whose grade rises in elevation from the existing grade at the edge of the street.
[Amended 10-19-1999 by Ord. No. 1999-9; 2-3-2004 by Ord. No. 2004-1; 7-6-2010 by Ord. No. 2010-12A; 10-19-2010 by Ord. No. 2010-20]
No driveway which connects with a street may be constructed or modified unless the owner first obtains a driveway permit from the Township Zoning Officer. The applicant for a driveway permit shall pay the Township an application fee and a deposit, as established in Chapter 83, Fees, for the following:
A. 
An existing driveway which is modified only, and the modification is solely repaving an already paved driveway with no change in driveway location or elevation.
B. 
An existing driveway which is modified only, and the modification is solely paving the existing stone or other surface of an existing driveway with no change in the driveway location or elevation.
C. 
New driveway construction or horizontal or vertical relocation of an existing driveway.
D. 
Where a previously issued driveway permit is requested to be amended, changed, or modified at the owner's request, a permit reissuance fee shall be paid to the Township. An amended driveway plan must also then be submitted for review and approval in accordance with § 72-13 of this chapter.
E. 
In addition to the application fee required by Chapter 83, Fees, for a driveway under Subsection C, just above, an applicant for a driveway permit under Subsection C, shall also post a deposit with the Township prior to the issuance of a permit in the amount specified by said Chapter 83.
F. 
The application fee paid pursuant to Subsection C, just above, and Chapter 83, shall be applied to cover the costs of the review and approval of the driveway permit application, plus a maximum of two site visits by the Township Engineer or his designee for inspection of the driveway construction. Each additional such site visit, above and beyond the two site visits, for the purpose of inspecting the driveway construction under Subsection C, above, shall result in a charge against the deposit in the amount of $100.
G. 
Upon satisfactory completion of the driveway construction, as determined by the Township, any unused portion of the deposit shall be returned to the applicant or other party which paid the deposit.
All driveways to be constructed or modified shall be done in accordance with the following minimum requirements:
A. 
Maximum number permitted.
(1) 
Number. The maximum number of driveway openings permitted from a lot described in § 72-7B below to any one road shall be limited as follows:
Length of Lot Frontage
(feet)
Permitted Number of Driveway Openings
150 or less
1
Over 150
2
(2) 
The maximum number of driveway openings permitted from a lot described in § 72-7A below shall be one.
B. 
Adjacent driveway openings. A minimum clear distance of 50 feet shall separate any two driveways (on the same lot or on adjoining lots) entering upon a single street, as measured along the right-of-way line.
C. 
Drainage facilities. Each driveway shall be constructed with suitable and adequately designed draining facilities. Wherever possible, driveway drainage shall be directed into natural drainage channels. Driveway drainage may be connected with existing drainage facilities within the street right-of-way, 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, causing erosion or sediment damage or flooding, and shall not discharge onto the paved or traveled portion of any street.
D. 
Sight distance required.
(1) 
Exit driveways. Any driveway used for exit onto a street shall be designed in a profile, grading and location to permit a minimum sight distance of 150 feet measured in each direction along the center line of the intersecting street. The sight distance measurement shall be from a sight point on the center line of the exit driveway 15 feet behind the curbline of the street or, if no curbline exists, a minimum of 30 feet from the center line of the intersecting street. A clear sight triangle shall be established connecting the sight points described above and shall be graded and otherwise kept free of shrubbery, fences, structures, etc., in order to maintain clear vision between sight points.
(2) 
Entrance driveways. Any driveway used for entrance from a street shall be located to permit a minimum sight distance of 150 feet for left-turning vehicles from the intersection of the driveway and street center lines.
(3) 
Dual purpose driveways. A single driveway utilized for both exit and entrance purposes shall conform to the requirements of Subsection D(1) and (2) above.
(4) 
Commercial, industrial, etc., driveways. As to a driveway on a lot whose principal use is described in § 72-7B below, but not an industrial principal use, the above minimum sight distances and dimensions shall be increased by 50%. For a lot whose principal use is industrial, sight distances shall be increased by 100%.
E. 
Permitted slope at intersection. The portion of any driveway within the street right-of-way shall be constructed so that the grade at the right-of-way line is not less than three inches nor more than six inches above the edge of the existing pavement or traveled way.
All driveways constructed or modified shall intersect perpendicularly to the existing street pavement or traveled way. Any curved or angular approach of the driveway for aesthetic or topographical reasons shall be accomplished outside of the street 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. Vertical curves shall not exceed a three-inch crest or a two-inch depression on a ten-foot chord.
All driveways shall be designed and constructed to the width standards specified below. Driveway width shall be the curb-face to curb-face dimension or pavement edge-to-edge dimension where curbs are not required and shall be measured at the street right-of-way line or at a point 25 feet from the center line of the street, whichever is greater:
A. 
Driveways serving lots whose principal use is single-family residential, including home occupations or farm, agricultural or horticultural or a kennel shall have a minimum width of 12 feet and may taper to a minimum width of 10 feet beyond the right-of-way line. A driveway shall be flared on each side as it touches the intersecting street pavement or traveled way. (See Figure 1 and Figure 2 for typical residential intersection details.[1])
[1]
Editor's Note: Figures 1 and 2 are included at the end of this chapter.
B. 
Driveways serving lots whose principal use is multifamily residential, commercial, industrial or other use than those stated in Subsection A just above shall be designed to accommodate commercial vehicles and higher traffic volumes, but in no event shall exceed a maximum width of 35 feet within the street right-of-way line.
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 5% anywhere within the first 200 feet, as measured from the street right-of-way line along the driveway center line, then that portion of the driveway which exceeds 5% within the first 200 feet shall be paved with a bituminous concrete surface or equivalent.
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 streets or filling up road gutters, catch basins, inlets or pipe drains with sediment or debris. In the event that the construction of any particular driveway in the municipality is subject to the standards promulgated by the New Jersey Soil Conservation Committee and administered by the Hunterdon County Soil Conservation District, such standards shall apply whenever such standards are more stringent, detailed or comprehensive than the standards contained herein.
All driveways shall be constructed so as not to block or interfere with the drainage within gutters or along the existing street 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 will be permitted, provided that the existing water flow will not be blocked, altered or changed in any manner.
B. 
Culvert or piping. The installations of a 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 Municipal Engineer.
When a site or lot occupies a corner formed by two intersecting streets or a street and a County road, no driveway entrance or exit onto a street shall be located within 100 feet of the point of tangency of the existing or proposed curb radius of either street or such street and County road.
Within 50 feet of the center line of a street, all driveways shall be constructed as follows:
A. 
Driveways shall have a paved apron consisting of a base course of eight inches (compacted thickness) of one and 1/2 inch quarry process (blend) stone thoroughly rolled and compacted and a surface course of two inches (compacted thickness) of bituminous concrete Type FABC-1.
B. 
All materials and methods of construction shall comply with the New Jersey State Highway Specifications for Road and Bridge Construction, 1983 Edition, and all amendments and revisions thereto.
C. 
On unpaved municipal streets, the bituminous concrete surface course apron pavement may be waived by the Municipal Engineer when deemed appropriate.
[Amended 2-3-2004 by Ord. No. 2004-1]
The application for a driveway permit shall contain a plan in sufficient detail for the Municipal Engineer to determine compliance with the provisions of this chapter. The application shall include the following information:
A. 
A site plan or sketch showing the driveway for its entire length and its relation to the intersecting street, the proposed location of dwellings or structures, septic systems, existing or proposed surface water swales, diversions, etc.
B. 
On any driveway where existing lot grades exceed 5%, a profile of the driveway showing existing and proposed center line grades and elevations for its entire length shall be required.
C. 
A plan showing the type of storm drainage to be constructed along the driveway and at the driveway intersection with the street, 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 reasonably deemed necessary by the Municipal Engineer to the proper analysis of the installation shall also be shown.
D. 
The Municipal Engineer shall inspect the premises and review the driveway permit application and, if the proposed improvements comply with the standards of this chapter, shall direct the Municipal Clerk to issue a permit. If the determination is that the proposed driveway or driveway modifications do not comply with the standards of this chapter, then the applicant shall receive written notice from the Municipal Engineer specifying the particulars of noncompliance.
E. 
Where the existing topography, configuration or other physical feature of the lot would make conformance to any of the standards of §§ 72-4 through 72-12 of this chapter impracticable or would occasion undue environmental damage, the Municipal Engineer, upon written request of the applicant stating the reasons for the request, may allow a deviation from such standards of §§ 72-4 through 72-12, in a manner which does not compromise the purposes of this chapter, and may direct the issuance of a permit hereunder with such deviation.
[Added 5-7-1991 by Ord. No. 1991-5]
[1]
Editor's Note: Former § 72-14, Appeals, was repealed 7-16-2009 by Ord. No. 2009-10.
A. 
No construction 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 such driveway permit has been issued.
B. 
When an uphill driveway grade will exceed 10% anywhere within the first 200 feet as measured from the street right-of-way line, then the driveway permit shall be issued only on the condition that all driveway construction shall be completed before the issuance of a construction permit. This includes the completion of the bituminous concrete surface course as stipulated in § 72-8.
C. 
Except as provided above, all work and improvements required by the driveway permit shall be completed prior to issuance of the certificate of occupancy. However, in the event that the necessary work and improvements 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 cash performance guaranty, in the minimum amount of $1,000 and sufficient in amount to cover the estimated cost of said work or uncompleted portions thereof, as established by the Municipal Engineer, is filed with the Municipal Clerk.
D. 
Upon certification by the Municipal Engineer that all work and improvements required by the driveway permit have been completed, the Municipal Clerk shall return any remaining amount of the performance guaranty to the person who supplied the same.
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 municipality in repairing said damage or removing said obstruction, in addition to the penalty herein provided.
[Amended 9-5-1989 by Ord. No. 1989-9]
Any person or persons, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $500, or imprisonment for a period not to exceed 90 days, or both. Each and every day that a violation continues after notification thereof shall constitute an additional, separate and specific violation.
The short title of the above chapter shall be the "Holland Township Driveway Ordinance."