[HISTORY: Adopted by the Township Committee of the Township
of Delaware as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-25-1973 (Ch. XIII of the 1985 Revised General Ordinances)]
[Amended by Ord. No. 1988-24]
A.
The purpose of this article 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 Township through, among other things, the lessening
of soil erosion, ensuring emergency vehicle access, promotion of traffic
safety and preservation of municipal road structures.
B.
No driveway may be constructed or modified unless the owner or developer
first obtains a driveway permit from the Delaware Township Road Supervisor.
Applications shall be made on a form furnished by the Road Supervisor
and shall be accompanied by a plot plan showing the driveway in its
relation to the Township road and for a distance of at least 25 feet
back from the edge of the cartway, with a profile of this 25 feet.
The Road Supervisor may obtain the assistance of the Township Engineer
in evaluating an application.
C.
The applicant for a driveway permit shall pay the Township a fee
of $500 upon application for a driveway permit to cover the cost of
review of the application, including a review of the application and
a site inspection by the Township Engineer, if necessary.
[Amended 11-22-2010 by Ord. No. 2010-21]
D.
The applicant for a driveway permit shall deposit with the Township
the sum of $2,000 at the time of the application for the driveway
permit as a performance guarantee to ensure satisfactory completion
of the required work and improvements.
[Added 11-22-2010 by Ord.
No. 2010-21]
[Amended by Ord. No. 1988-24]
For the purposes of this article, the following words or terms
shall have the meanings provided:
Any lane, way, opening, construction entrance or privately owned road entering upon any public road within the Township of Delaware, except entranceways into a field or a forest if the entranceway is used solely for agricultural purposes and not for access to any buildings or improvements and private accessways as defined by Chapter 230, Land Use.
An existing driveway is modified within the meaning of this
article when it is paved, widened or narrowed, when its horizontal
location or vertical elevation is changed, or when drainage facilities
are installed or replaced.
A driveway whose grade rises in elevation from the existing
grade at the edge of a municipal roadway.
[Amended by Ord. No. 1988-24]
All driveways hereafter constructed or modified shall conform
to the following requirements:
A.
Whenever feasible, adjacent lots will share driveway cuts. However,
when this is not feasible, 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.
B.
The driveway shall be constructed so as to be perpendicular to the
traveled way of the Township road for a distance of at least 25 feet
from the center line of the traveled way and shall intersect the traveled
way at the perpendicular. Any curved or angular approach of the driveway
for aesthetic or topographical reasons shall be accomplished outside
of the right-of-way or beyond 25 feet from the center line of the
existing pavement, whichever is greater.
C.
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, traveled way, or private accessway.
D.
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 the road, whichever is greater.
(1)
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 it touches the intersecting
road pavement or traveled way. (See Figure 1 and Figure 2 for typical
residential driveway intersection details.)[1]
[1]
Editor's Note: Figures 1 and 2 are included as an attachment to this chapter.
(2)
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.
E.
All driveways shall be constructed with grading of the adjacent road
embankment so as to create "sight triangles" completely clear of any
obstruction to sight as noted below. A maximum side slope of three
feet horizontal for every one foot vertical is required, with slopes
to be stabilized by vegetation.
(1)
Exit driveways. Any exit driveway shall be designed in profile, grading,
and location to permit a minimum sight distance of 150 feet measured
in each direction along the center line of the intersecting road.
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
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.
(2)
Entrance driveways. Any entrance driveway shall be located to permit
a minimum sight distance of 150 feet, for left-turning vehicles, from
the intersection of the driveway and roadway center lines.
F.
Where the site for the proposed driveway is at the intersection of
two roads, no driveway permit shall be granted unless the driveway
is at least 50 feet from the point of intersection of the extension
of the two edges of pavement or at least 25 feet from the point of
tangency of the existing or proposed curb radius of either road, whichever
is greater. This distance can be increased if, in the opinion of the
Road Supervisor, traffic on the road and safety of the traveling public
so dictate.
G.
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.
(1)
If the Road Supervisor finds that a properly sized dish-type gutter
is feasible and the existing road water flow will not be blocked or
impaired, the Road Supervisor may permit a dish-type gutter.
(2)
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 the shallow dish-type gutter.
The size of the pipe or culvert required shall be determined by the
Township Road Supervisor. However, in no event shall the pipe be smaller
than 15 inches in diameter.
H.
Within the right-of-way or for a distance of 25 feet from the center
line of the traveled way, whichever is greater, driveways shall be
constructed as follows:
(1)
Driveways entering unpaved roads. Six inches compacted thickness
of one-and-one-half-inch quarry process (blend) stone, thoroughly
rolled and compacted, equivalent or better.
(2)
Driveways entering paved roads. Base course, six inches compacted
thickness of one-and-one-half-inch quarry process (blend) stone, thoroughly
rolled and compacted, or equivalent or better, and a surface course
of two inches (compacted thickness) bituminous concrete FABC-1 or
equivalent or better.
(3)
All materials and construction methods shall comply with the New
Jersey Department of Transportation Standard Specifications for Road
and Bridge Construction, 1983 edition, as amended and revised.
I.
No new driveways shall be constructed at a profile grade exceeding
15% at any point. 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 shall be
paved with a bituminous concrete or portland cement concrete surface.
J.
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 the municipal roads, 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 Township of Delaware is subject to the provisions of Chapter 302, Soil Erosion and Sedimentation, the standards contained in such chapter shall apply whenever such standards are more stringent, detailed or comprehensive than the standards contained herein.
K.
Permanent stabilization of disturbed areas must take place within
10 days of final grading. Any area remaining disturbed for longer
than 30 days (not under active construction) must receive temporary
stabilization as outlined in Standards for Soil Erosion and Sediment
Control in New Jersey.
L.
The tracking pad for driveways should have a minimum length of 50
feet and thickness of not less than four inches; the width should
not be less than the full width of points of ingress or egress.
M.
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
|
N.
Each driveway shall be constructed with suitable and adequately designed
drainage facilities. Wherever possible, driveway drainage shall be
directed into natural drainage channels. Driveway drainage may be
connected with the existing drainage facilities within a municipal
roadway, providing 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
public right-of-way.
O.
Vertical curves. 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-quarter-inch
crest or a two-inch depression in a ten-foot chord.
P.
Prohibited locations. No entrance or exit driveway shall be located
on the following portions of a road: a rotary, a ramp of interchange,
or within 25 feet of the beginning of any ramp or other portion of
an interchange.
[Amended by Ord. No. 1988-24]
Driveways shall be maintained so as to prevent discharge of
water onto the road or the erosion of soil from the driveway or the
land behind it onto the road, or the obstruction or interference with
drainage along the road.
[Added by Ord. No. 1988-24]
The application shall contain a plan and sufficient detail for
the Township Road Supervisor to determine compliance with this article.
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 road, 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 10%, 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 road, that
is, 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.
D.
Where a driveway existed on the date of the adoption of this article,
and the owner has decided to modify said driveway as defined herein,
then the owner shall file an application with the Township Road Supervisor
on forms provided together with a fee of $15. Driveway plans, profiles
and construction details are not required.
E.
The Township Road Supervisor shall inspect the premises and review
the driveway application, and if the proposed improvements comply
with the standards of this article, the Road Supervisor shall issue
a driveway permit. If the determination is that the proposed driveway
or driveway modifications do not comply with the standards of this
article, then the applicant shall receive written notice specifying
the particulars of noncompliance.
[Added by Ord. No. 1988-24]
The decision of the Township Road Supervisor is final.
[Added by Ord. No. 1988-24]
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
article, until said driveway permit has been issued.
B.
All work and improvements required by the driveway permit shall be completed prior to the issuance of the certificate of occupancy. However, in the event that the required 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 that would cause undue hardship to the property owner, the certificate of occupancy may be issued provided that the performance guarantee required under § 167-1D is filed with the Chief Financial Officer. The property owner is responsible for completion of all work and improvements required by the driveway permit within a reasonable time.
[Amended 11-22-2010 by Ord. No. 2010-21]
C.
In the event that the property owner fails to complete all work and improvements required by the driveway permit in a timely manner after the issuance of the certificate of occupancy, the Township Road Supervisor shall notify the property owner by certified and regular mail that the work and improvements shall be completed within 30 days. The Township Road Supervisor may extend that period upon written request by the property owner for an additional 30 days. In the event that the property owner fails to complete the required work and improvements within the prescribed time period, or within the extended time period, the Township may utilize the performance guarantee posted pursuant to section § 167-1D to complete the required work and improvements. The Township Road Supervisor shall notify the property owner by certified mail and regular mail that he has arranged for a contractor to complete the required work and improvements. The Chief Financial Officer shall pay the contractor for the driveway work using the performance guarantee posted by the property owner. The property owner shall not interfere with the work being completed by the contractor.
[Added 11-22-2010 by Ord.
No. 2010-21]
D.
Upon certification by the Township Road Supervisor that all work
and improvements required by the driveway permit have been completed,
the Chief Financial Officer shall return any remaining amount of the
performance guarantee to the person who supplied same.
[Amended 11-22-2010 by Ord. No. 2010-21]
[Added 11-22-2010 by Ord.
No. 2010-21]
A.
The Township Road Supervisor shall be notified at least 48 hours
prior to beginning construction or alteration of the driveway so that
he may inspect same during construction or alteration.
B.
Upon completion of the construction or alteration of the driveway,
the Township Road Supervisor shall be notified to inspect same and
shall sign the permit as evidence of compliance with standards specified
herein; the construction or alteration of the driveway shall not be
in accord with the provisions of this article unless and until the
said permit has been so signed.
C.
In the event the construction or alteration of the driveway entrance
is not completed in accord with the permit theretofore issued, the
Township Road Supervisor shall endorse on the permit the manner in
which such construction is not in accord with said permit, and the
owner shall thereafter correct such conditions within 30 days.
D.
Failure of the Township Road Supervisor to sign the permit within
21 days after submission of said permit following completion shall
be deemed as approval by the Township.
E.
Failure to complete work.
(1)
In the event that the property owner fails to complete all work and
improvements required by the driveway permit in a timely manner, the
Township Road Supervisor shall notify the property owner by certified
and regular mail that the work and improvements shall be completed
within 30 days. The Township Road Supervisor may extend that period
upon written request by the property owner for an additional 30 days.
(2)
In the event that the property owner fails to complete the required work and improvements within the prescribed time period, or within the extended time period, the Township may utilize the performance guarantee posted pursuant to § 167-1D to complete the required work and improvements. The Township Road Supervisor shall notify the property owner by certified mail and regular mail that he has arranged for a contractor to complete the required work and improvements. The Chief Financial Officer shall pay the contractor for the driveway work using the performance guarantee posted by the property owner. The property owner shall not interfere with the work being completed by the contractor.
F.
Return of guarantee. Upon certification by the Township Road Supervisor
that all work and improvements required by the driveway permit have
been completed, the Chief Financial Officer shall return any remaining
amount of the performance guarantee to the person who supplied same.
[Amended by Ord. No. 1988-24]
Any person or persons, firm or corporation violating any provision
of this article 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 Township in repairing said damage or removing said obstruction,
in addition to the penalty herein provided.
[Adopted 6-14-2004 by Ord. No. 2004-07]
As used in this article, the following terms shall have the
meanings indicated:
As defined in Chapter 230, Land Use .
A driveway as defined by § 167-2 that is used in common by two or more lots, but does not qualify as a private accessway.
It is hereby determined that:
A.
The use of shared driveways or private access ways in Delaware Township
is widespread; and
B.
Blocking or impeding ready access in, over, to or through shared
driveways or private accessways is a threat to the public health,
safety and welfare of the Township and its inhabitants in that the
delivery of emergency services, such as police, fire and rescue, could
be delayed as the blockage or impediment is removed or circumvented.
No person shall impede, block or prevent ready access to, over,
in or through a shared driveway or private accessway, whether by parking
vehicles, erecting barriers or other means.
In the event ready access to, over, in or through a shared driveway
or private accessway by an emergency services provider, such as police,
fire and/or rescue, is impeded, blocked or prevented during the delivery
of emergency services, the Township or emergency services provider
shall be authorized to reasonably remove the impediment or blockage,
and the costs associated therewith shall be borne by the owner of
the property whose activities, residents, invitees, guests or contractors
created the blockage or impediment. Said costs, if not paid within
30 days written notice thereof, shall become a lien on the property
whose owners, residents, activities, invitees, guests or contractors
created the blockage or impediment. The Township shall not be responsible
for any damage caused in removing a blockage or impediment as provided
for herein.
