[HISTORY: Adopted by the Township Committee of the Township of Delaware as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — Se Ch. 230.
Soil erosion and sedimentation — See Ch. 302.
Streets and sidewalks — See Ch. 319.
ATTACHMENTS
Attachment 1 - Figures 1 and 2
[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:
DRIVEWAY
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.
MODIFIED
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.
UPHILL DRIVEWAY
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.
(3) 
Dual-purpose driveways. A single driveway utilized for both exit and entrance purposes shall conform to the requirements of both Subsection E(1) and (2) above.
(4) 
Commercial or industrial driveways. For commercial use as defined by Chapter 230, Land Use, the above minimum sight distance shall be increased by 50%. For industrial uses, sight distances shall be increased by 100%.
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]
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]
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.
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.