Township of Stillwater, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Stillwater 4-3-2007 by Ord. No. 2007-6.[1] Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Land development — See Ch. 240.
Licenses and permits — See Ch. 248.
Streets and sidewalks — See Ch. 350.
[1]
Editor's Note: This ordinance also superseded former Ch. 163, Drainage Control; Driveways, adopted 8-15-2006 by Ord. No. 2006-18.
As used in this chapter the following terms shall have the meanings indicated:
DRAINAGEWAY
Any stream, watercourse, pond, swale, swamp, depression or ditch that shall be crossed in connection with the construction of a driveway.
DRIVEWAY
A defined paved or unpaved surface providing vehicular access from one or more lots to a street.
STREET
Any traveled way which is an existing state, county or municipal roadway; or which is shown on a plat approved pursuant to law; or which is shown on a plat approved by the Planning Board or Zoning Board; or which is shown on a plat duly filed and recorded in the Office of the County Recording Officer prior to the appointment of a planning board or a zoning board.
TOWNSHIP DRIVEWAY OFFICIAL
The Township Construction Officer and/or any other individual(s) designated by the Township Committee to enforce the provisions of this chapter.
A. 
All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of soil and debris from them and land adjoining them. Silt and debris shall be prevented from running onto the public roadways and adjoining property and from entering road gutters, catch basins, inlets or drainpipes.
B. 
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 circumstance shall the driveway be allowed to extend beyond the edge of the existing gutter line of a public roadway and create a hump or uneven driving surface on the pavement or traveled way or shoulder.
A. 
No owner, tenant or occupant of any premises abutting on any street or any other persons shall throw, plow, place or deposit snow or ice into or upon any street.
B. 
The owner of any existing driveway which causes problems of soil erosion, excess runoff or icing within the public right-of-way or on an adjoining property shall, upon written notice from the Township, provide a plan of corrective action within 30 days and complete said action within 90 days of the original notice. Failure to make such corrections shall be in violation of this chapter.
C. 
The owner of any existing driveway which causes the depositing of silt, debris, snow or ice upon the roadway shall immediately remove the same therefrom, but in any event, the same shall be removed within 24 hours of written notice by the Township. Failure to make such corrections shall be a violation of this chapter.
A. 
No person shall receive a certificate of occupancy from the Township without complying with the provisions of this chapter.
B. 
This procedure shall not remove the responsibility of the applicant and owner with regard to damage that might be caused by debris and runoff to public and private property. Any damage to public roads or property due to debris or runoff from adjacent property shall be the responsibility of the owners of the adjacent property. If the owner does not clean up the debris or repair the problem and the Township has to clean up the debris or repair the damage to public property, the costs thereof shall be certified to the Tax Collector and may become a lien on the property. Such costs shall be collected as other such charges.
The Township Construction Official shall have available for use by the applicant suggested standards for building, driveway and parking lot drainage as well as designs for proper runoff and techniques for prevention of soil erosion.
A. 
Permit required. No new driveway may be constructed or existing driveway relocated without first obtaining a permit from the Township Driveway Official. Any person wishing to secure a permit shall file an application with the Township Driveway Official in accordance with the requirements of this chapter.
B. 
Filing procedure. Any person wishing to construct a new driveway, or relocate an existing driveway shall file an application with the Township Driveway Official, which shall include the following:
(1) 
The number of driveway openings being requested.
(2) 
Proposed or existing use of the property.
(3) 
The required fee.
(4) 
The required cash or performance bond.
(5) 
Three copies of a certified survey prepared and sealed by a New Jersey licensed engineer or surveyor drawn to a scale not greater than one inch equals 30 feet, which shall include the following:
(a) 
Driveway locations and dimensions.
(b) 
Proposed center-line profile of the entire driveway.
(c) 
Proposed driveway grades.
(d) 
Type of wearing surface and base material.
(e) 
Erosion control measures for side slopes of the driveway.
(f) 
Proposed drainage at the intersection with the street affording ingress and egress and along the driveway, if any.
(g) 
Sight distance for all driveway egress points.
(h) 
North arrow and scale of plat.
(i) 
Name of street affording ingress and egress.
(j) 
Identification of closest intersecting road and distance from proposed point of access.
(k) 
Location of the proposed driveway with respect to the nearest sideline of the subject lot.
(l) 
Lot width of subject lot.
(m) 
The edge of the pavement of the abutting road, type of road surface and culverts, utility poles, storm drains, swales and/or ditches within the right-of-way in front of the subject lot.
(n) 
Location of any existing or proposed dwelling and/or garage or other accessory structure and of any existing or proposed septic system or well, if they are within 50 feet of the proposed driveway.
(o) 
Proposed storm drainage improvements in accordance with the Township stormwater control requirements.[1] Topographical data must be included to support the required design criteria.
[1]
Editor's Note: See § 240-89, Stormwater management.
(p) 
All existing driveways within required sight distance.
All new or relocated driveways shall be constructed in accordance with the following minimum requirements:
A. 
All drainage from newly constructed or relocated driveways, parking lots and structures must either be charged back into the ground of the applicant or owner or conducted to a natural stream or drainageway in a manner not to damage or pollute private or public property.
B. 
Driveway curb return radius:
(1) 
Single-family residential: two feet minimum; five feet maximum.
(2) 
Commercial: 15 feet minimum; 25 feet maximum.
C. 
Sight distance.
(1) 
Required sight distance:
Design Speed of Road
(miles per hour)
Required Sight Distance
(feet)
25
250
30
250
35
300
40
350
45
400
50
450
(2) 
The sight distance shall be taken 3 1/2 feet above a point in the center line of the proposed driveway, 10 feet from the edge of the road, to a point 3 1/2 feet above the center line of the approaching lane. There shall be a one-foot sight clearance between the sight line and finish grade. All necessary grading and removal of vegetation within the sight triangle shall be indicated on the plans.
D. 
In all cases, a minimum cleared distance of 50 feet measured along the right-of-way line shall separate the closest of any two driveways.
E. 
Only one driveway will be permitted on lots with widths of 250 feet or less.
F. 
The beginning of the driveway shall have a grade of not more than 4% for a distance of 25 feet from the edge of pavement and not more than 15% for any other portion of the driveway.
G. 
Where curbs exist, a full section of curb shall be entirely removed and depressed curb constructed in accordance with the New Jersey Department of Transportation, Standards for Road and Bridge Construction 2001, as amended. Curb radii of existing curb shall not be broken or depressed. No driveway shall be located closer than 50 feet from the end of the radius of an intersection.
H. 
Where concrete sidewalks exist or are proposed to be constructed as part of the project, a concrete ramp not less than six inches in thickness shall be built connecting the inner edge of the depressed curb with the outer edge of the sidewalk.
I. 
In cases where drainage exists along the Township road, a reinforced concrete or ADS-HDPE Type N-12 pipe of a size determined by the Rational Method of runoff calculation shall be installed beneath the drive by the owner and inspected by the Driveway Official. If more than one driveway is constructed, a continuous storm drain pipe shall be installed between the driveways or connected to an intervening storm drainage system. If the proposed drainage pipe connects with an existing storm drainage system, a catch basin shall be constructed.
J. 
All construction within the Township right-of-way shall be in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction 2001, as amended, or Township standards.
K. 
The work shall be conducted so that there will be no interference with the drainage or cross section of the Township road, nor any structures over or under the road except as indicated in the approved plans.
L. 
The applicant shall make certain that all appropriate erosion control measures are adhered to during and after construction of the driveway.
M. 
Grass areas disturbed shall be restored to a stable condition in preparation for topsoiling and seeding. There shall be no evidence of stones, roots, debris or depressions, and the surface shall be clean and even. The subgrade immediately prior to the application of topsoil shall be raked or otherwise loosened.
N. 
The sidelines of the proposed driveway shall be no closer than 10 feet from the property line.
O. 
All residential driveways constructed or modified shall have a minimum driving width of 10 feet and a maximum width of 15 feet.
P. 
All banks shall not exceed six feet or side slopes steeper than exceeding a ratio of 4:1 without guide rail.
Q. 
Where driveways are at a higher elevation than the street and where the driveway grade exceeds 8% for a distance of more than 50 feet within 250 feet of the public right-of-way, the following shall be performed:
(1) 
The pavement shall extend from the right-of-way to a point at which the grade is less than 8% or for 250 feet, whichever is less.
(2) 
The above pavement shall be in addition to the required pavement for the first 25 feet.
R. 
Where any driveway passes a culvert, said culvert shall extend at least five feet beyond the edge of the driveway.
S. 
The Driveway Official may impose such other construction requirements within the Township road right-of-way as the Township Engineer deems appropriate in order to properly protect the traveling public and the Township road and drainage facilities.
T. 
A driveway must access a public road from each lot on which a single-family dwelling is constructed.
U. 
The first 25 feet of the driveway, as measured from the edge of the pavement of the existing street, shall be constructed with a minimum thickness of four inches of dense graded aggregate base materials and a wearing surface of asphalt pavement, type FABC-1, minimum thickness of two inches or a thickness of four inches of lime fly ash stabilized base or a thickness of six inches of concrete.
V. 
The driveway grade shall not exceed a maximum slope of 15%. The center line profile of the driveway shall conform to the typical sections for driveway entrances shown on Figure 1, which is an appendix to this chapter and declared to be part of this chapter.[1]
[1]
Editor's Note: Figure 1 is on file in the Township offices.
W. 
Every driveway design shall provide for an off-street turnaround in order to facilitate the forward entry of a vehicle onto the roadway.
Common driveways providing access to two or more single-family residential lots are prohibited unless a variance is granted by the Stillwater Township Planning Board or Zoning Board. A common driveway, if permitted, shall comply with the provision of this chapter with the exception of the following design standards:
A. 
The width shall be 20 feet.
B. 
That portion of the driveway, to both lots, shall be paved for its entire length.
A. 
Upon review and approval of the design of the driveway construction plans, the Township Driveway Official will issue the permit.
B. 
The Township Driveway Official shall periodically inspect the premises during construction to insure compliance with the terms of the permit and shall endorse the permit when all construction is completed in accordance with the approved plans.
C. 
The Township Driveway Official shall notify the Township Road Supervisor of all driveways and other road openings that have been approved and provide a copy of the application, plans and conditions of approval.
D. 
The applicant shall provide a performance bond or cash in an amount required by this chapter to ensure that the improvements will be constructed in accordance with the plan approved by the Township Driveway Official. The cash or bond will be released upon the satisfactory completion of the improvements and after approval and recommendation by the Township Driveway Official. No certificate of occupancy shall be issued until the satisfactory completion of the improvements.
E. 
This procedure shall not remove the responsibility of the applicant and owner, if required, to obtain a permit to excavate in a public street pursuant to Chapter 350.
In the event that the Township Driveway Official shall deny an application for a driveway permit, the applicant may appeal the Township Driveway Official's decision to the Stillwater Township Zoning Board. Any appeal must be filed within 20 days of receipt of a written denial of the application by the Township Driveway Official.
Driveways accessing county roads will require Township driveway permits in addition to the required County driveway permit, with the following modifications:
A. 
Sussex County standards will apply to that portion of the driveway within the County's jurisdiction (25 feet from edge of pavement). Township standards will apply for the balance of the driveway.
B. 
No Township fees or deposits will be required for driveways accessing a County road, provided that applicable fees and deposits have been deposited with the County for the first 25 feet.
The following shall apply to all driveway inspections and permits:
A. 
Driveway permits shall be valid for only one year from date of issuance.
B. 
Any person or persons violating any provision of this section which results in inconvenience to the public or damage to or obstruction of any Township road, gutter, storm drain, catch basin, inlet or culvert shall be responsible for all costs and expenses incurred by the Township of Stillwater in repairing the damage or removing said obstruction, in addition to any penalties provided herein, and shall be responsible for damage to any persons so inconvenienced.
C. 
Prior to the issuance of the permit, the applicant shall present satisfactory proof to the Township Driveway Official that he or she had notified the utility company of his or her intent to excavate.
D. 
If an applicant for subdivision or site plan approval can clearly demonstrate that, because of peculiar or unusual conditions pertaining to his or her land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the approving board hearing the application may permit such minor deviation as may be responsible and within the general purpose and intent of these regulations and standards.
E. 
By signing the application the owner and/or applicant agrees to hold the Township of Stillwater, its officers and agents harmless from and against any loss, injury or damage resulting from any negligence or fault of the owner or his or her agents, employees or assigns in performance of the work covered by an approved permit.
A. 
Application fee: $65.
B. 
Temporary certificate of occupancy: $100.
C. 
Initial deposit for inspection by Township Engineer and professional review fees shall be: $500. (Additional deposits may be necessary)
D. 
Escrow for professional review: $1,500.
Any individual or entity who shall violate any of the provisions of this chapter shall be liable, upon conviction, to a penalty as provided in Chapter 1, Article III, General Penalty, and Article II of Chapter 248 of the Code of the Township of Stillwater.