[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter 11-22-1967 by Ord. No. 1967:179 as Ch. 30 of the 1967 Code. Amendments
noted where applicable.]
[Amended 12-14-1983 by Ord. No. 1983:465; 6-23-1999 by Ord. No. 1999:799; 5-27-2009 by Ord. No.
2009:1039]
No private driveway entering a public street shall be hereafter constructed, repaired or altered in the Borough of Closter unless either a zoning permit for a conforming private driveway or an authorization to repair or restore a nonconforming private driveway shall have first been secured from the Zoning Officer for such construction, alteration or repair. With each application, a sketch shall be provided showing the exact location of the proposed driveway construction and curb cuts on the entire piece of property. In the case of a nonconforming driveway, the requirements of § 92-2E must also be met.
The permit to be issued for the construction,
alteration or repair of a private driveway shall be issued upon the
following conditions which shall be set forth in the permit or incorporated
therein by reference:
A.
No blacktop, macadam or asphalt pavement shall be
laid over existing hard-surface sidewalks.
B.
All driveways to be constructed, altered or repaired
shall follow the grade or level of existing sidewalks and highways
which they intersect and shall be constructed in such a manner that
they will not in any way obstruct or block existing surface drainage.
C.
Where the construction, alteration or repair of a
driveway shall involve the breaking of existing curbing, the curb
section shall be replaced in a manner satisfactory to the Borough
Engineer.
[Amended 12-14-1983 by Ord. No. 1983:465]
D.
No private driveway shall be installed, constructed,
altered or repaired which shall involve the destruction or removal
of any shade tree, unless and until written consent for such removal
shall have first been procured from the Shade Tree Committee.[1]
[Amended 12-14-1983 by Ord. No. 1983:465; 6-23-1999 by Ord. No. 1999-799]
E.
In all residential zones, no newly constructed driveway shall be installed that will cover an area in excess of 25% of the property. No driveway shall be located closer than two feet from the property line in Residential Zone B and five feet in Residential Zone A sideline. No curb cut shall exceed 21 feet and shall not be closer than 20 feet to another curb cut and no closer than 25 feet to an intersection. All construction shall be in accordance with the standards set forth in § 173-48, Table X-4, entitled “Driveway Widths, Depressed Curbs and Curb Return Radius Standards.” Notwithstanding these requirements, the Zoning Official shall be authorized to approve a repair or replacement to any nonconforming private driveway in a residential zone on the following conditions:
[Amended 9-27-1989 by Ord. No. 1989:583; 9-8-1999 by Ord. No. 1999:808; 5-14-2008 by Ord. No.
2008:1012]
(1)
Prior
to the repair or replacement of a nonconforming private driveway in
a residential zone, the property owner shall submit to the Zoning
Official a survey, sealed by a New Jersey licensed surveyor, showing
the residential lot and the dimensions of the nonconforming private
driveway.
(2)
The
repair or replacement of a private driveway in a residential zone
shall not cause an enlargement of the aforementioned driveway.
(3)
After
the repair and replacement of the aforementioned private driveway,
a new survey and/or survey inspection, sealed by a New Jersey licensed
surveyor, showing the residential lot and the dimensions of the aforementioned
driveway that was repaired or replaced shall be submitted to the Zoning
Official so that the Zoning Official can determine that the nonconforming
private driveway that was repaired or replaced was not enlarged beyond
the dimensions that existed prior to its repair or replacement.
(4)
For
the purposes of this section, “repair or replacement”
shall be interpreted to mean “repair or restoration” within
the meaning of N.J.S.A. 40:55D-68 and shall be based upon the determination
of a partial destruction of the driveway.
[Added 5-27-2009 by Ord. No. 2009:1039]
(5)
Proofs
regarding repair or replacement shall be presented to the Zoning Officer,
who in turn will determine what proposed work constitutes a voluntary
total destruction or the restoration necessitated by a partial destruction.
A determination must be made in accordance with N.J.S.A. 40:55D-68.
[Added 5-27-2009 by Ord. No. 2009:1039]
(6)
Any
appeal of the Zoning Officer’s determination shall be to the
Closter Board of Adjustment.
[Added 5-27-2009 by Ord. No. 2009:1039]
(7)
The
tangible authorization permitting a repair or replacement of a nonconforming
driveway shall not be in the form of a zoning permit. The formal authorization
permitting a repair or replacement shall be designated "authorization
to repair or restore a nonconforming private driveway."
[Added 5-27-2009 by Ord. No. 2009:1039]
[Amended 10-31-1971 by Ord. No.
1971:226; 1-26-1977 by Ord. No. 1977:296; 12-14-1983 by Ord. No. 1983:465; 1-3-1994 by Ord. No. 1993:663]
A fee as set forth in Chapter A301, Fees and Deposits, shall be paid for the issuance of a permit under this chapter. In addition to the payment of such fee, the applicant shall deposit with the Construction Official a deposit as set forth in Chapter A301, Fees and Deposits, for any curb to be constructed, altered or repaired, which deposit shall be held by the Construction Official to insure the proper completion of said work, in accordance with the terms and provisions of this chapter.
[Amended 12-14-1983 by Ord. No. 1983:465; 1-3-1994 by Ord. No. 1993:663; 6-23-1999 by Ord. No. 1999:799]
Upon the completion of the construction, alteration
or repair of any private driveway, the same shall be inspected by
the Borough Engineer and, if the Borough Engineer shall determine
that the work has been completed in compliance with the terms of this
chapter, the deposit shall be returned to the property owner to whom
such permit was issued, less any inspection fee required by the Borough
Engineer.
[Amended 12-14-1983 by Ord. No. 1983:465]
Upon the failure of the property owner to complete
the construction, alteration or repair of any private driveway or
curb cut for which a permit has been issued, in accordance with the
terms of this chapter, the Construction Official may, after 10 days'
notice to such property owner, cause such work to be done outside
of the property line of the owner extending into the public street
or highway as shall be necessary either to restore the property to
its original condition or to complete the construction in accordance
with the terms and provisions of this chapter and charge the cost
of such work to the property owner.
[Amended 12-14-1983 by Ord. No. 1989:465]
Any private driveway heretofore constructed
which shall violate the requirements of this chapter and shall obstruct
or block existing surface drainage shall be deemed to be in violation
of the provisions of this chapter, and the owner of the property on
which the same shall exist shall reconstruct said driveway within
60 days after notice shall have been served upon him or her by the
Construction Official notifying such owner that the construction of
such driveway at its intersection with the sidewalk or highway constitutes
a violation of the terms and provisions of this chapter. No penalty
for such violation shall accrue unless the owner shall fail to remove
the faulty condition within the period of time specified in the notice.
[Amended 12-14-1983 by Ord. No. 1983:465; 1-3-1994 by Ord. No. 1993:663]
Every person who shall construct, pave, improve, alter or repair or assist in the constructing, paving, improving, alteration or repair of a private driveway for which a permit shall not have been issued as required herein or who shall fail to reconstruct, repair or alter the same, after notice so to do, as herein provided shall, upon conviction therefor, be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code. The within code shall be enforced by the Construction Official.
[Added 6-26-1996 by Ord. No. 1996:718; amended 6-23-1999 by Ord. No. 1999:799]
Any interested party may appeal a decision of
the Zoning Officer with regard to this chapter by filing an appeal
with the Borough of Closter Zoning Board of Adjustment within 20 days
of the decision of the Zoning Official, specifying the grounds of
such appeal. Such appeal shall be considered by the Zoning Board of
Adjustment in accordance with the standards and the time limitations
as contained in the New Jersey Municipal Land Use Act.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 6-23-1999 by Ord. No. 1999:799]
Any interested party may appeal a decision of
the Construction Official with regard to this chapter by filing an
appeal with the Construction Board of Appeals within 20 days of the
decision of the Construction Official.
