[HISTORY: Adopted by the Township Council
of the Township of Lopatcong 2-21-1990 as Ord. No. 1990-4 (Ch. 94 of the 1974
Code of the Township of Lopatcong). Section 105-17 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch.
203.
Zoning and land use — See Ch.
243.
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 well-being,
convenience 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.
For the purposes of this chapter, the following
words or terms shall mean:
DRIVEWAY
Any lane, way, opening, construction entrance or privately
owned road entering upon any public road within the municipality,
except field openings to nonresidential land used exclusively for
farming purposes.
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
The Township of Lopatcong, Warren County, New Jersey.
UPHILL DRIVEWAY
A driveway whose grade rises in elevation from the existing
grade at the edge of the municipal roadway.
No driveway which connects with an existing or proposed municipal road may be constructed or modified unless the owner first obtains a driveway permit from the Municipal Clerk or Construction Official. The applicant for a driveway permit shall pay the municipality an application fee of $50 upon application. In addition, the applicant shall deposit with the municipality an initial escrow deposit in the amount of $200 to cover the estimated cost of professional review of the application by the Municipal Engineer and other professionals. The escrow account shall be administered in accordance with §
243-28B of the Zoning and Land Use Regulations of the Township of Lopatcong, and the municipality may require replenishment of such escrow in accordance with said section.
All driveways to be constructed or modified
shall be done in accordance with the following minimum requirements:
A. Number of driveway openings.
(1) The maximum number of driveway openings permitted
from a commercial or industrial lot to any one road shall be limited
as follows:
Length of Lot Frontage
(feet)
|
Permitted Number of
Driveway Openings
|
---|
150 or less
|
1
|
151 or more
|
2
|
(2) The maximum number of driveway openings permitted
from an interior lot with a detached single-family residential dwelling
is as follows:
[Amended 6-7-2006 by Ord. No. 2006-11]
Type of Lot
|
Type of Driveway
|
Permitted Number of Driveway Openings
|
---|
Lot, interior
|
Dual purpose
|
1
|
Lot, interior
|
Circular driveway with separate entrance and exits [Where permitted - see § 105-4A(4) for permitted locations]
|
2
|
(3) The maximum number of dual purpose driveway openings
for a detached single-family residential dwelling that is situated
on a corner lot is two, as long as no more than one dual purpose driveway
opening is situated on a particular road frontage. The maximum number
of driveway openings on a corner lot can be increased to three if
one of the driveways is a circular driveway where there are separate
entrances and exits. No more than one circular driveway is permitted
for each lot with a detached single-family residential dwelling.
[Added 6-7-2006 by Ord. No. 2006-11]
(4) Circular driveways are only permitted in single-family residential zones on lots that exceed an area of 20,000 square feet and where all other criteria in Chapter
105 are being complied with.
[Added 6-7-2006 by Ord. No. 2006-11]
B. Adjacent driveway openings. A minimum clear distance
of 25 feet shall separate any two driveways (on the same premises
or on adjoining lots) entering upon a single municipal roadway, as
measured along the right-of-way line.
C. Drainage facilities. Each driveway shall be constructed with suitable and adequately designed drainage facilities. Wherever possible, driveway drainage shall be directed into natural channels. Driveway drainage may be connected with existing drainage facilities within the municipal roadway, provided that said connection does not interfere with existing drainage or cause erosion or deposits of sediment in the municipal drainage system. Driveway drainage shall not discharge onto adjoining properties causing erosion or sediment damage or flooding and shall discharge onto the paved or traveled portion of any public right-of-way. Drainage procedures and facilities shall comply with Chapter
199, Stormwater Management, of the Code of Lopatcong Township.
[Amended 3-1-2006 by Ord. No. 2006-4]
D. Sight distance required.
(1) Exit driveways. Any exit driveway shall be designed
in profile, grading and location to permit a minimum sight distance
in accordance with the following table measured in each direction
along the center line of the intersecting road. Roads which are not
posted for speed limits shall be considered to be 50 miles per hour
unless horizontal geometric considerations dictate otherwise. The
sight distance measurement shall be from a sight point on the center
line of the existing driveway 15 feet behind the curbline of the thoroughfare
or, if no curbline exists, a minimum of 30 feet from the center line
of the intersecting road. 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.
Allowable Speed on
Township Road
(mph)
|
Required Sight
Distance
(feet)
|
---|
25
|
240
|
30
|
275
|
35
|
315
|
40
|
350
|
45
|
420
|
50
|
475
|
(2) Entrance driveways. Any entrance driveway shall be
located to permit a minimum sight distance of 250 feet for left turning
vehicles, from the intersection of the driveway and roadway center
lines.
(3) Dual purpose driveways. A single driveway utilized for both exit and entrance purposes shall conform to the requirements of both Subsection
D(1) and
(2) above.
E. Permitted slope at intersection. The portion of any
driveway within the road 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.
F. Permitted slope at garages. Within 20 feet of the
garage, the grade shall not exceed 3%. Downhill grades must have the
drainage directed away from the dwelling.
G. Turning radius, measured on the inside curve of the
driveway, shall not be less than 25 feet.
All driveways constructed or modified shall
intersect perpendicular to the existing road pavement or traveled
way. Any curbed or angular approach of the driveway for aesthetic
or topographical reasons shall be accomplished outside of the road
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-and-one-fourth-inch crest or a two-inch depression in a ten-foot
chord.
All driveways shall be designed and constructed
to the width standards herein specified. 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 road right-of-way
line or at a point 25 feet from the center line of road, whichever
is greater.
A. Single-family residential driveways shall have a minimum
width of 12 feet and may taper to a minimum width of 10 feet beyond
the right-of-way line. Driveways shall be flared on each side as they
touch the intersecting road pavement or traveled way. The width of
the driveway opening at the edge of the intersecting road shall be
30 feet.
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.
[Amended 11-1-2000 by Ord. No. 2000-30]
No new driveway shall be constructed at a profile
grade exceeding 15.0% at any point. Profile grades in excess of 10.0%
shall not exceed 10.0% of the length of any new driveway. If a proposed
uphill driveway will exceed a profile grade of 8.0% 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 8.0% within the first 200 feet shall be paved with a bituminous
concrete, macadam or portland cement concrete surface.
A. 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 municipal
roads or filling up road gutters, catch basins, inlets or pipe drains
with sediment or debris.
B. 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 Warren 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 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 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 installation 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 determined by the Municipal Engineer.
[Amended 6-7-2006 by Ord. No. 2006-11]
When a site or lot occupies a corner formed
by two intersecting roads, no driveway entrance or exit shall be located
within 40 feet of the point of tangency of the existing or proposed
curb radius of either road unless otherwise approved by the Municipal
Engineer.
All driveways within the municipality right-of-way
or within 25 feet of the center line of road, whichever is greater,
shall be constructed as follows:
A. Driveways entering upon unpaved roads shall be constructed
of six inches (compacted thickness) of one-and-one-half-inch quarry
process (blend) stone thoroughly rolled and compacted.
B. Driveways entering upon paved roads shall have a constructed
base course of six inches (compacted thickness) of one-and-one-half-inch
quarry process (blend) stone thoroughly rolled and compacted and a
surface course of two inches (compacted thickness) of bituminous concrete
(Type FABC-1).
C. All materials and methods of construction shall comply
with the New Jersey Department of Transportation Specifications for
Road and Bridge Construction, 1983 Edition, and all amendments and
revisions thereto.
D. Driveways may be constructed of pervious pavement
or concrete paver blocks upon approval by the Township Engineer.
[Added 3-1-2006 by Ord. No. 2006-4]
A. The application shall contain a plan in sufficient
detail for the Municipal Engineer to determine compliance with this
chapter. The application shall include the following information:
(1) A site plan or sketch showing the driveway for its
entire length and its relation to the intersecting road, the proposed
location of dwellings or structures, septic systems, existing or proposed
surface water swales, diversions, etc.
(2) On any driveway where existing lot grades exceed 10%,
a profile of the driveway showing existing and proposed center line
grades and elevations for its entire length.
(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.
B. Where a driveway existed on the date of the adoption
of this chapter and the owner has decided to modify said driveway
as defined herein, then the owner shall file an application with the
Municipal Clerk or Construction Official on forms provided, together
with a fee of $100. Driveway plans, profiles and construction details
are not required.
[Amended 4-5-2023 by Ord. No. 2023-09]
C. The Municipal Engineer shall inspect the premises
and review the driveway application, and if the proposed improvements
comply with the standards of this chapter, the Municipal Clerk or
Construction Official shall issue a driveway permit. If the determination
is that the proposed driveway or driveway modifications do not comply
with standards of this chapter, then the applicant shall receive written
notice specifying the particulars of noncompliance.
A. The Township of Lopatcong Board of Adjustment and
Township of Lopatcong Planning Board are hereby established, constituted
and appointed as Driveway Appeals Boards to hear and decide driveway
appeals pursuant to this section.
B. The Township of Lopatcong Board of Adjustment and
Planning Board, 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 appellant that there is an error in any order, requirement,
decision or refusal made by the Municipal Clerk, Zoning Officer or
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 Municipal 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 decision appealed from was made. Such appeal
shall be heard with its usual rules or practice and procedure, where
applicable.
C. 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 Township of Lopatcong Board of Adjustment,
upon an application or appeal relating to such property, may grant
a variance from such strict application 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
substantial detriment to the public good and will not substantially
impair the intent and purpose of this chapter nor the standards promulgated
by the New Jersey Soil Conservation Committee and administered by
the Warren County Soil Conservation District nor the intent or purposes
of the Land Use Code of the Township of Lopatcong.
D. The Township of Lopatcong Planning Board, sitting
as a Driveway Appeal Board, shall be empowered to grant the above-described
variance or other relief whenever the same is applied for in connection
with the review of a subdivision, site plan or conditional use by
the Planning Board.
E. Notice of appeals pursuant to this section shall be
given by the applicant in the manner prescribed by N.J.S.A. 40:55D-12
(from the Municipal Land Use Law).
F. The fee for filing a driveway appeal pursuant to this
section shall be $250.
A. No building 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 said driveway permit has been issued.
B. 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 approved by the Municipal Engineer, is filed
with the Municipal Clerk.
C. Upon certification by the Municipal Engineer that
all work and improvements required by the driveway permit have been
completed, the 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.
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 $1,000 or imprisonment for a period
not to exceed 90 days or a period of community service not to exceed
90 days, or any combination thereof. Each and every day that a violation
continues after notification thereof shall constitute an additional,
separate and specific violation.
The short title of this chapter shall be the
"Township of Lopatcong Driveway Ordinance."