Township of Washington, NJ Article III Driveway Construction

[Adopted 12-20-1971 as Sec. 13-4 of the Revised General Ordinances; amended 4-17-1978]

§ 172-19 Permit required.

[Amended 9-17-1979 by Ord. No. 66-79; 7-21-1980 by Ord. No. 31-80; 11-21-1983 by Ord. No. 26-83; 3-18-1985 by Ord. No. 7-85; 5-20-1985 by Ord. No. 17-85; 11-18-1985 by Ord. No. 39-85; 10-19-1987 by Ord. No. 18-87; 5-20-2002 by Ord. No. 20-02; 6-17-2002 by Ord. No. 22-02; 4-21-2003 by Ord. No. 9-03; 2-16-2004 by Ord. No. 2-04; 8-16-2004 by Ord. No. 17-04; 6-20-2016 by Ord. No. 10-16; 5-20-2019 by Ord. No. 11-19]

No driveway shall be constructed, no existing driveway shall be altered, no additional dwelling(s) or building(s) or building addition(s) that result in the creation of an additional dwelling unit shall be connected to an existing driveway, and no new dwelling or building shall be constructed to replace a residential dwelling or building that has been substantially demolished and which was served by an existing driveway, within, along or connected to an existing or future street or road right-of-way, without first obtaining a driveway construction permit in accordance with the following:

A. The applicant shall apply for a driveway permit, shall submit a plan of the proposed driveway per § 172-25, an application fee in the amount of $100 and an escrow fee deposit as follows:

(1) Except for permits to pave or resurface an existing driveway only pursuant to Subsection F below, an escrow fee deposit in the amount of $500 shall be paid to the Township for each driveway permit for engineering review and inspections. The escrow fee deposit shall be administered in accordance with the provisions of § 159-53E and F, which provide for additional deposit requirements and return of unused escrow deposits.

B. Permits shall be reviewed and issued by the Township Engineer or a consulting engineer retained by the Township for driveway application and road opening review purposes (hereinafter "consulting engineer").

C. A driveway permit issued hereunder shall be valid for period of two years from the date of issuance.

D. Major subdivisions requiring construction plans and inspection fees shall, by Township ordinance, be exempt from the above permit fee requirements; however, major subdividers shall comply with all other applicable sections of this chapter. Permits shall be required in major subdivisions where construction is not by the subdivider or his successor.

E. Driveway construction in the Township right-of-way in accordance with the approved driveway permit shall not require a Township road opening permit.

F. A fee of $100 shall be paid for a permit to pave or resurface an existing driveway only.

§ 172-20 General requirements.

[Amended 9-15-1980 by Ord. No. 35-80; 12-15-1980 by Ord. No. 68-80; 5-20-1985 by Ord. No. 17-85; 10-19-1987 by Ord. No. 18-87]

A construction plan shall be submitted with the application showing provisions for compliance with the following minimum requirements:

A. All driveways shall be constructed and maintained in such a manner as to prevent erosion of the soil from them and its deposition upon the streets or road and in gutters, catch basins, inlets, drains or culverts.

B. All driveways constructed or altered shall be constructed in such a manner as not to interfere with the drainage along the existing pavement or traveled way, nor shall runoff from a driveway discharge beyond an existing ditch onto the traveled way. Where curbs are installed and no ditch or gutter exists, water may not be discharged more than two feet beyond the curb. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing pavement and traveled way thereby creating a hump or uneven driving surface on the pavement or traveled way.

C. All driveways shall meet the abutting roadway at a horizontal angle of not less than 60º. All driveways shall have a minimum sight distance of oncoming vehicles in each direction of 250 feet when observed at a point 10 feet back from the existing pavement at a height of three feet above the ground. Where the posted speed limit along the roadway is greater than 25 miles per hour, the minimum sight distance shall be 10 feet for each mile per hour.

[Amended 11-18-1996 by Ord. No. 29-96]

(1) All applicants shall take the required action to obtain the minimum required sight distance after receipt of initial permit approval and prior to approval for a building permit.

(2) Any and all actions taken to obtain the required minimum sight distance shall be done in a lasting and permanent manner.

D. Driveways at corner lots shall be located at least 125 feet from the center line of the road intersections.

E. No portion of any driveway shall be constructed at a grade exceeding 15%. Provision shall be made for a standing area extending a distance of not less than 30 feet from the edge of the pavement at a grade not to exceed 5%. A standing area extending not less than 20 feet from the garage shall be installed at a grade not to exceed 5%. Changes in vertical grades shall be made with smooth vertical curves not less than 12 feet in length.

F. Where driveways are at a higher elevation than the street and where the driveway grade exceeds 8% at any point within 250 feet of the public right-of-way, the following shall be performed:

(1) The driveway shall be paved in accordance with § 172-23C.

(2) The pavement shall extend from the right-of-way line to a point at which the grade is less than 8% or for a two-hundred-fifty-foot distance, whichever is less.

(3) The above pavement shall be in addition to the required pavement within the street right-of-way.

(4) Where applicable, the applicant should submit a detail showing the above, including details of storm drainage system to control runoff.

G. Where driveways pass over culverts, said culverts shall extend at least five feet beyond the edge of the driveway.

(1) Driveway length is measured along the center line of the driveway from the dwelling to the road surface edge.

§ 172-21 Waivers.

A. Upon written request of any applicant for a driveway permit, the Township Committee may grant a waiver of the sight distance requirements of § 172-20C, the location of driveways on corner lots requirements of § 172-20D, or other driveway construction requirements, in individual cases and upon a showing of hardship or inability to comply with these requirements, provided that the protection to the applicant and the public sought by the requirements from which a waiver is requested is not significantly reduced, and provided that such a waiver may be granted without detriment to the applicant or the public in general. An Advisory Driveway Ordinance Waiver Review Board is hereby established for the purpose of reviewing waiver requests made pursuant to this subsection and recommending, in writing, to the Township Committee the granting or denial of such requests. Said Board shall consist of the Superintendent of the Department of Public Works, or his designee, the Chief of Police, or his designee, and the Township Engineer or consulting engineer. The Township Committee shall consider the recommendations of the Board when deciding on waiver requests made pursuant to this article.

[Added 8-15-1983 by Ord. No. 20-83; amended 5-18-1992 by Ord. No. 5-92; 8-16-2004 by Ord. No. 17-04; 2-12-2020 by Ord. No. 02-20]

B. Application. The request from the applicant for a waiver shall be submitted to the Township Clerk, in duplicate, with the following:

[Added 3-18-1985 by Ord. No. 7-85]

(1) A written description, detailing the reasons a waiver is needed, to be considered only when no complying alternatives can be found.

(2) An application fee of $200.

(3) A scaled plot plan, showing proposed locations, dimensions, sight distances which will be attained and reference points, such as telephone pole numbers.

(4) A center-line profile for the proposed driveway, showing existing and proposed grades at twenty-five-foot intervals and the overall percentage of grade to be achieved.

(5) A review fee deposit of $500.

[Added 11-21-2011 by Ord. No. 16-11]

C. Upon receipt of all the required information and fees, the appropriate officials will review and inspect the proposed locations and report all findings to the Mayor and Township Committee within 30 days.

[Added 3-18-1985 by Ord. No. 7-85]

§ 172-22 Gutter construction.

The construction of a properly sized dish-type gutter shall be required, provided that the existing gutter flow line will not be blocked, altered or changed in any manner unless otherwise approved by the Township Committee or its authorized agent. The installation of a suitable size pipe or culvert will be required in the event that the existing flow line or ditch cannot be crossed with a dish-type gutter. The size of the pipe or culvert required shall be determined by the Township Committee or its authorized agent.

§ 172-23 Construction within road rights-of-way.

[Amended 5-20-1985 by Ord. No. 17-85]

All driveways constructed or altered within road rights-of-way shall be constructed as follows:

A. Fillets with a minimum radius of five feet and constructed of the same material as the driveway shall be installed where the edge of the driveway intersects the edge of the existing pavement or traveled way. The width of the driveway at the edge of the existing pavement or traveled way shall have a minimum width equal to the driveway width, plus 10 feet.

[Amended 10-19-1987 by Ord. No. 18-87]

B. Driveways entering onto unpaved roads shall be six inches compacted thickness of Type 5, Class A, quarry-processed stone, thoroughly rolled and compacted, except where pavement is required by § 172-20F.

C. Driveways entering onto paved roads shall be constructed as follows:

[Amended 10-19-1987 by Ord. No. 18-87; 9-19-2005 by Ord. No. 37-05]

(1) Where one or both sides of the road have concrete sidewalks, driveway aprons shall be constructed of six-inch minimum thickness concrete, per Article II, Sidewalk Construction.

(2) Where no sidewalks are required, the driveway apron material shall be as follows:

(a) Base course, four inches minimum compacted thickness of Type 5, Class A, quarry processed stone, thoroughly rolled and compacted.

(b) Surface course: two inches compacted thickness of fine aggregate bituminous concrete, FABC; or concrete pavers, installed in accordance with the manufacturer’s specifications, provided that the installation of concrete pavers is solely at the property owner’s own risk and the Township shall not be liable for any damage to concrete pavers installed in lieu of asphalt for a surface course as a result of snowplowing or other road or street maintenance activity.

§ 172-24 Construction outside of road rights-of-way.

[Added 5-20-1985 by Ord. No. 17-85; amended 10-19-1987 by Ord. No. 18-87]

A. Except as required by § 172-20F, driveway construction shall be as follows: The base shall be a minimum of four inches compacted thickness of Type 5, Class A, quarry processed stone, shale or 3/4 inch to 1 1/2 inches road stone or a combination of each. Additional stone thickness may be required by the inspecting official where subbase materials are judged to be substandard. Washed gravel or sand and gravel shall not be an acceptable alternative.

B. Driveways less than 200 feet in length shall have the minimum improved width of 12 feet.

C. Driveways of 200 feet or more in length shall be cleared and graded to a width of 16 feet and shall be improved to a width of 12 feet. Horizontal curves shall have a minimum outside radius of 60 feet.

D. In addition, driveways which exceed 400 feet in length shall have one or more passing areas, within sight of each other and not more than 200 feet apart. Such passing areas shall be cleared and graded to a width of 22 feet and shall be improved to a width of 18 feet. The length of this widened area shall be 25 feet, with fifteen-foot tapers on each end. Horizontal curves shall have an increased improved width along the curves of 14 feet.

[Amended 9-18-2000 by Ord. No. 23-00]

E. Any portion of the driveway utilized by more than two dwellings, shall have a minimum improved width of 16 feet and a graded width of 20 feet.

F. Driveways of 400 feet or more in length shall have facilities suitable for fire-engine turnaround within 200 feet of the dwelling, and all driveways with intersections shall have facilities for fire-engine turnaround without regard to the distance to the dwelling, consisting of the following:

[Amended 9-18-2000 by Ord. No. 23-00; 6-20-2016 by Ord. No. 10-16]

(1) K-turn with fifty-foot depth, fourteen-foot width and fifty-foot center-line radius;

(2) Looped driveway of fourteen-foot width and 50 feet or more center-line radius; or

(3) Other equivalent facilities approved by the Township Engineer or consulting engineer.

[Amended 4-21-2003 by Ord. No. 9-03; 8-16-2004 by Ord. No. 17-04]

G. Driveways with intersections shall have permanent markers listing the house numbers/direction to each dwelling. The above requirement is in addition to building numbering requirements.

H. Lots which are presently occupied with a conforming driveway staff in use shall be deemed exempt from the terms hereof, except where additional usage by another party occurs.

[Amended 5-20-2019 by Ord. No. 11-19]

I. There shall be no more than four lots served by a common driveway. Driveways serving five lots or more shall be constructed in accordance with the residential site improvement standards for public streets. When the owners of two or more adjoining lots elect to construct one driveway access, each deed shall reference the appropriate easement for the multiple-use driveway, and a copy of the recorded deed shall be filed with Washington Township. In addition, prior to the issuance of a certificate of occupancy for any of the lots served by the common driveway, it shall be necessary to file with Washington Township a copy of the proposed deed for the lot and a copy of the cooperative maintenance agreement as recorded in the office of the Morris County Clerk, executed by all parties. The legal form of the cooperative maintenance agreement must be approved by the Township Attorney prior to the issuance of a construction permit for any lot to be served by a common driveway.

[Amended 8-19-2002 by Ord. No. 30-02; 5-17-2004 by Ord. No. 13-04]

§ 172-25 Submission of plans.

[Amended 4-21-2003 by Ord. No. 9-03; 8-16-2004 by Ord. No. 17-04]

All applicants shall submit engineered plans or a sketch, drawn to scale, to the Township Engineer or consulting engineer for his approval prior to the issuance of the driveway permit. The plans shall be prepared by a licensed professional engineer and shall show or include the following information.

A. A plot or site plan at a scale of one inch equals 30 feet showing the driveway for its entire length and showing its relation to the street or road and showing existing and proposed two-foot contours.

B. A profile of the driveway showing existing and proposed center line grades and elevations for its entire length.

C. A plan showing the type of storm drainage to be constructed at the driveway entrance to the street or road, i.e., dish-type gutter, pipe or culvert; size of pipes; culverts and gutters; grades, elevations and typical cross sections; construction details; and any other information deemed necessary to the project.

§ 172-26 Responsibility for expenses incurred by Township.

Any person or persons or firm or corporation violating any provision of this article which results in damage to or obstruction of any street or road, gutter, storm drain, catch basin, inlet or culvert shall be responsible for all expenses incurred by the Township in repairing such damage or removing the obstruction, in addition to any penalties provided in this Code.