[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
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Editor's Note: This ordinance also superseded former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:
Any stream, watercourse, pond, swale, swamp, depression or
ditch that shall be crossed in connection with the construction of
a driveway.
A defined paved or unpaved surface providing vehicular access
from one or more lots to a 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.
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.
(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.
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:
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.
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.
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.
