[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 8/17/81, 5-88, 6-88, 92-13, 93-04, 96-02, 2003-05,
2004-11, 2004-12, 2005-01.
[Ord. #2006-02 § 13-1.1]
a.
All reference contained herein to: "Township road" or "public road"
shall be construed to mean: "Township, County or State road or street."
b.
The Township Committee finds that new driveways have been recently
constructed onto Township roads without proper design.
c.
The Township Committee further finds these driveways are poorly located
and constructed in terms of sight distance thus causing unsafe traffic
conditions when vehicles exit the driveway.
d.
The Township Committee further finds that until the time that the
Township Committee adopts a stormwater management plan, some of these
driveways block existing gutter flow and/or deposit excessive quantities
of water and gravel onto the Township streets causing unsafe roadway
conditions.
e.
The Township further finds that some of these driveways have altered
the landform and caused an increased runoff on contiguous properties.
[Ord. #2006-02 § 13-1.2]
It is the intent of the Township Committee to require design
criteria and professional supervision during construction to insure
that new driveways be located and constructed in a manner to minimize
the foregoing problem areas.
[Ord. #2006-02 § 13-1.3]
As used in this section:
Shall mean the person who makes the application for a permit.
Shall mean a paved or unpaved area used for ingress or egress
of vehicles and allowing access from a street to a lot, building or
other structure or facility which is used for purposes other than
residential.
Shall mean a paved or unpaved area used for ingress or egress
of vehicles and allowing access from a street to a lot, building or
other structure or facility and which serves two (2) or more structures
or off-street parking areas which are located on individual lots.
Shall mean a paved or unpaved area used for ingress or egress
of vehicles and allowing access from a street to a lot, building or
other structure or facility.
Shall mean the first twenty-five (25') feet from the edge
of pavement to the street.
Shall mean a lot whose area, exclusive of its access drive,
meets the area requirement of the zoning provisions of this Code,
but whose configuration is one of reduced frontage on an approved
street (generally a width sufficient for use as a driveway or future
street), with the enlarged buildable portion of the lot located at
the rear of the lot at the end of the access drive.
Shall mean any person, firm, association, partnership, limited
liability company, corporation, part owner, joint owner, tenant in
common, joint tenant or tenant by the entirety having sufficient legal
or equitable interest in the land where the driveway shall be constructed.
Shall mean the designated Planning Board engineer, or in
his absence, another engineer appointed by the Township Committee.
Shall mean a private paved or unpaved area used for ingress
or egress of vehicles and allowing access from a street to a lot,
building or other structure or facility and which serves more than
one (1) residence.
Shall mean a deviation of a surface from the horizontal,
usually expressed in percent.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way, which is an existing State, County or
municipal roadway, or which is shown upon a plat heretofore approved
pursuant to law, or which is approved by official action as provided
by the Municipal Land Use Law ("MLUL"), 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 and the grant to such
Board of the power to review plats; and includes the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines.
Shall mean any Township, County or State road or street which
has been dedicated to the Township, County or State whether or not
the street has been accepted by the Township, County or State.
[Ord. #2006-02 § 13-1.4; Ord. #2014-14 §§ 1,
2; amended 9-18-2019 by Ord. No. 2019-06; 4-19-2023 by Ord. No. 2023-10]
a.
An application for roadway opening shall be submitted to the Township
Construction Official by the owner, or the authorized agent of the
owner who is constructing a driveway or reconstructing, repairing
or resurfacing a driveway which enters onto a Township road.
Major and minor subdivisions shall not be exempt from permit
requirements or exempt where the driveway construction is by the owner,
subdivider or his successor.
1.
The application shall be accompanied by the following:
(a)
A check in the amount of $200 representing the nonrefundable
application fee ("application fee");
(b)
A check in the amount of $1,500 representing a driveway bond
escrow ("driveway bond escrow"), specifically for the paving of the
driveway apron; and
(c)
A check in the amount of $1,500 to cover the cost of engineering
and inspection fees ("engineering and inspection fee escrow").
(d)
Proper plans and specifications showing:
(1)
The size and manner in which the driveway shall be connected
to the street;
(2)
The curb opening, if any;
(3)
The manner in which the driveway shall be constructed across
the existing gutter;
(4)
The provisions for drainage of the gutter and driveway;
(5)
Sight distance profiles in each direction;
(6)
Sight triangle easements, if any; and
b.
If the engineering and inspection costs expended exceed the initial
engineering and inspection fee escrow, the applicant shall replenish
the account to not less than 100% of the original amount required.
At the completion of the project, at such time that a certificate
of occupancy is sought from the Township Construction Official, any
remaining unused monies from said engineering and inspection fee escrow
shall be returned.
c.
A twenty-five-foot paved driveway apron must be in place within one
year of issuance of the certificate of occupancy unless, due to weather
conditions, other arrangements are made with the Construction Official.
Should said driveway apron not be paved within the required time,
the Township shall assume the responsibility of the paving, and the
$1,500 driveway bond escrow shall be forfeited to the Township.
[Ord. #2006-02 § 13-1.5]
a.
The Planning Board Engineer, may notify the Township Construction
Official to issue the driveway construction permit after making a
visual inspection of the site, if he determines that the new construction
is not causing harmful or unsafe conditions.
b.
The Township Construction Official shall transmit any portion of
the application for roadway opening to the Planning Board Engineer,
within five days of the Construction Official's receipt of a completed
application. The Planning Board Engineer shall review and advise the
Construction Official with regard to compliance or noncompliance of
the proposed driveway with the provisions of this section within 10
days of the Planning Board Engineer's receipt of said application.
If the Planning Board Engineer shall fail to inspect and review the
application for roadway opening and so advise the Construction Official
within 10 days of the Engineer's receipt of same, the Construction
Official shall have the right to either approve or reject the application
for roadway opening without having received comments from the Planning
Board Engineer.
c.
At such time that the Planning Board Engineer is satisfied that the
design requirements have been met, he will direct the Construction
Official to issue a permit.
[Ord. #2006-02 § 13-1.6]
a.
Slope. The driveway shall provide a standing area within the first
25 feet from the edge of the pavement of the Township road. The slope
of the standing area shall not exceed 6% either upward or downward
for a distance of at least 25feet from the curbline or edge of pavement.
No portion of a driveway shall exceed a slope of 17%. Changes in vertical
grades shall be made with smooth vertical curves not less than twenty-five
(25') feet in length. (See Figure 1[1])
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
b.
Drainage. Driveways, or portion thereof, shall neither interfere
with the drainage along the existing Township road nor cause runoff
to discharge onto the traveled way. The finished grade of the driveway
is to match the invert of any existing gutter line to prevent obstruction
of the existing gutter flow. In cases where drainage ditches exists
along the Township road, a pipe of a type approved by the Planning
Board Engineer and sized to accept flow from a twenty-five (25) year
storm determined by the rational-method of runoff calculation shall
be installed beneath the driveway by the owner and inspected by the
Planning Board Engineer. If the proposed drainage pipe connects with
an existing storm drainage system, a catch basin shall be constructed.
Such pipes shall extend to allow a flat graded area at least five
(5') feet beyond the edges of the driveway. Where curbs are installed,
water may not be discharged more than two (2') feet beyond the curb.
No driveway or portion thereof, shall extend beyond the edge of the
existing curbline or edge of pavement or traveled way. (See Figure
1, attached hereto and made a part hereof.[2])
[2]
Editor's Note: Figure 1 is included as an attachment to this chapter.
c.
Runoff. The Planning Board Engineer may require that measures be
taken to limit runoff rates from the proposed driveway to prevent
increased runoff from affecting downstream properties. In such instances,
runoff rates in the post-development condition shall be modified to
equal those existing before development.
d.
Erosion. All driveways shall be constructed and maintained in such
a manner as to prevent erosion of the soil and its deposition upon
the street or road and in gutters, catch basins, inlets, drains or
culverts. All areas within the right-of-way disturbed during construction
are to be seeded in a proper and workmanlike manner during the growing
season, or if construction occurs during the winter months, seeding
must be done by May 1 of the following spring.
e.
Sight Distance.
1.
All driveways shall be designed in profile, grade, and location to
permit a minimum unobstructed sight distance in either direction along
the Township road in accordance with the following table. Roads, which
are not posted for speed limits, shall be considered to be fifty (50
MPH) miles per hour, unless horizontal geometric consideration dictates
otherwise. The sight distance shall be measured from a sight point
in the driveway center line eight (8') feet behind the curbline, or,
if no curbline exists, a minimum of eight (8') feet from the edge
of pavement to a sight point in the center line of said Township road.
The sight line, equal to the required sight distance, shall be between
sight points set at an eye height of three and one-half (3 1/2')
feet to an object of equal height and shall not be less than six (6")
inches above any obstruction other than planted areas. In planted
areas the sight line shall be no less than one (1') foot above grade.
A clear sight triangle shall be established connecting the sight points
described above, and shall be graded and otherwise kept free of trees,
tree branches, shrubbery, fences, structures, etc., more than one
(1') foot above grade. A clear sight triangle shall be established
connecting the sight points described above, and shall be graded and
otherwise kept free of trees, tree branches, shrubbery, fences, structures,
etc., more than one (1') foot or less than ten (10') feet above the
ground surface at the sight line in order to maintain clear vision
between sight points. Should the sight triangle encroach on private
property beyond the road right-of-way, a sight easement shall be established
a distance of two (2') feet parallel to the sight line over the lot(s)
where the encroachment occurs.
|
Posted Speed Limit on Township Road
(MPH)
|
Required Sight Distance
(Feet)
|
|---|---|
|
25 or less
|
200
|
|
30
|
200
|
|
35
|
250
|
|
40
|
325
|
|
45
|
400
|
|
50
|
475
|
|
The required sight distance shall be established prior to issuance
of building permit.
|
2.
Work done to obtain the required sight distance shall be permanent.
3.
Any tree within two (2') feet of the edge of pavement shall be removed.
4.
Upon application to the Planning Board, the Planning Board may, but shall not be obligated to grant a waiver from the strict application of the requirements of subsection 13-1.6e if: a) such imposition would impose a severe hardship on the owner without any corresponding benefit to the health, safety and welfare of the residents of Frelinghuysen Township, and b) the roadway conditions weighed against the amount of clearing to be done to meet the sight distance requirements would permit a lesser sight distance than required by ordinance.
f.
All driveways shall meet the abutting roadway at a horizontal angle
of between seventy-five (75) and one hundred five (105) degrees off
the road center line or, in the case of curved roads, fifteen (15)
degrees off a line radial to the road center line.
g.
Horizontal curves shall have a minimum outside radius of sixty (60')
feet.
h.
Driveways at corner lots shall be located at least fifty (50') feet
from the edge of pavement of the intersecting roadway.
i.
Driveway length shall be measured along the center line of the driveway
from the road surface edge.
j.
All driveways shall have the minimum width of ten (10') feet and
be cleared and graded to a width of two (2') feet beyond each edge
of the driveway.
k.
If a driveway utilized by more than two (2) dwellings and not more
than four (4) dwellings is approved by the Planning Board, it shall
have a minimum width of fourteen (14') feet and a graded width of
not less than sixteen (16') feet nor more than eighteen (18') feet.
There will be no maximum length for shared driveways.
l.
Commercial
and industrials driveway widths shall be designed to accommodate commercial
vehicles and higher traffic volumes, but in no event shall exceed
a maximum width of thirty-six (36) feet.
m.
Driveways of two hundred (200') feet or more in length shall have
facilities suitable for fire engine turnaround within two hundred
(200') feet of the dwelling. The turnaround shall be:
n.
Shared driveways which exceed three hundred (300') feet in length
shall have one (1) or more passing areas, within sight of each other
and not more than five hundred (500') feet apart. Such passing areas
shall be cleared and graded to a width of eighteen (18') feet and
shall be improved to a width of sixteen (16') feet. The minimum length
of this widened area shall be twenty (20') feet, with ten (10') foot
tapers on each end.
o.
All driveways shall be paved for the first twenty-five (25') feet
from the edge of pavement with: four (4") inch base of NJDOT Dense
Graded Soil Aggregate, DGA capped with two (2") inch compacted thickness
of NJDOT Bituminous Surface Concrete, Mix I-5.
p.
Where the driveway grade exceeds eight (8%) percent at any point
within two hundred fifty (250') feet of the public right-of-way, the
driveway shall be paved with: four (4") inch base of NJDOT Dense Graded
Soil Aggregate, DGA and two (2") inch compacted thickness of NJDOT
Bituminous Surface Concrete, Mix I-5 from the right-of-way to the
end of the eight (8%) percent grade. Mix I-4 will be used if the grade
exceeds twelve (12%) percent.
q.
Any driveway constructed within the Township of Frelinghuysen may
be constructed of the same material as the Township road it accesses
subject to the approval of the Planning Board Engineer.
r.
Replacement of Broken Curbs. All curbs broken shall be replaced where
they are connected to or join the edges of the driveway, according
to specifications on file in the office of the Construction Officer,
but under no circumstances shall the applicant be permitted to construct
asphalt beyond the curbline or beyond the existing edge of the pavement.
Provisions must be made to maintain the established drainage and to
prevent creation of a drainage problem where none exists.
Where it is necessary to cut out an existing curb, the entire
curb slab shall be removed and replaced with a drop section under
the supervision of the Construction Officer.
s.
Where concrete sidewalks exist or are proposed to be constructed
as part of the project, a concrete ramp not less than six (6") inches
in thickness shall be built connecting the inner edge of the depressed
curb with the outer edge of the sidewalk.
t.
All banks shall not exceed six (6') feet or side slopes exceed a
ratio of three to one (3:1) without a guide rail or other approved
method of protection.
u.
Joint Maintenance Agreement. The property owners shall enter into
a joint maintenance agreement outlining the maintenance of all roadways
and drainage structures in a standard to be reviewed and approved
by the Planning Board Attorney and the Planning Board Engineer.
[Ord. #2006-02 § 13-1.7]
a.
Permit application for the construction of a driveway providing access
to a flag lot from the Township right-of-way which passes along contiguous
properties must be accompanied by a plot plan showing location and
topography of the proposed driveway in relation to all existing buildings
and drainage structures within two hundred (200') feet of the proposed
driveway location.
b.
The plot plan shall also include a center line profile of the driveway.
[Ord. #2006-02 § 13-1.8]
a.
Upon completion of construction, the Township Construction Official
shall make a final inspection to determine that the construction complies
with the suggested design and said driveway shall prove harmless to
the public.
b.
The owner shall save harmless the Township of Frelinghuysen, its
officers and agents from and against any loss, injury or damage resulting
from any negligence or fault of the owner or his agents in performance
of the work covered by an approved permit.
c.
Notice to Correct Improper Installations. Any person who shall construct
a driveway or cause any such driveway to be opened onto or lead to
a road owned by or to be dedicated to the Township in violation of
the requirements of this section may be ordered by the Township to
remove the improper work and replace with same in compliance with
the provisions of this section. Notice to remove and replace the improper
work shall be given to the applicant by certified mail, return receipt
requested, which said notice shall require the owner to correct the
deficiencies within fourteen (14) days of receipt of the notice of
the violation. If the applicant shall fail or refuse to accept notice,
then the Township shall have the right to send notice to the last
owner of record by ordinary mail advising said owner that he shall
have fourteen (14) days within which time to correct the violations.
Upon noncompliance with the notice received from the Township, the
Township may do or cause the necessary repairs to be done and levy
the costs of such work on the owner and may cause a lien to be filed
of record against the property and collect the same in any manner
provided by law.
d.
The provisions contained in this section are in addition to any State
or County requirements for access to State or County roadways and
as such, an applicant shall be required to comply with such State
or County requirements, as appropriate.
[Ord. #2006-02 § 13-1.9]
Notwithstanding the foregoing, in the event the Planning Board Engineer, in his review of an application for roadway opening, determines that strict adherence to any of the requirements in this Section 13-1 would impose a severe hardship on the owner without any corresponding benefit to the health, safety and welfare of the residents of Frelinghuysen Township, the Planning Board Engineer, may (but shall not be obligated to) grant waivers from the strict application of the provisions of this Section 13-1. The Planning Board Engineer shall not, however, approve any such waivers if the requirements for same are included in any of the ordinances of the Township of Frelinghuysen, so that a waiver of same would mandate that the applicant seek a waiver or variance from any board or body having jurisdiction over such provision. In such event any such board or body, upon proper application and notice as provided by law, may grant the requested waivers. It is the intention of this subsection to vest in the Planning Board Engineer, the discretion to grant waivers from the strict requirements provided same do not impact the health, safety and welfare of persons traversing driveways and roadways in the Township of Frelinghuysen.
[Ord. #2006-02 § 13-1.10]
Notwithstanding the foregoing, all lands and premises that are
used for agricultural and horticultural purposes and which are served
by a driveway which is exclusively used for access to fields and woods
for agricultural or horticultural purposes and not for residential
or commercial uses in conjunction therewith, shall be exempt from
the provisions of this section.
[Ord. #2006-02 § 13-2.1]
The design of a driveway shall provide for adequate space or
separations to properly maintain the driveway including the removal
and storage of snow.
[Ord. #2006-02 § 13-2.2]
a.
No person, firm or corporation shall deposit, throw, place or strew,
nor shall any person, firm or corporation cause to be deposited, thrown,
placed or strewn any snow or ice upon any street, avenue or roadway
within the Township of Frelinghuysen.
b.
No person, firm or corporation shall deposit, throw, place or strew,
nor shall any person, firm or corporation cause to be deposited, thrown,
placed or strewn upon any street, avenue or roadway within the Township
of Frelinghuysen, any water or other liquids when there is a possibility
that such liquid discharge may freeze.
[Ord. #2006-02 § 13-2.3]
a.
No person, firm or corporation shall pile, gather up, plow up or
in any way force any snow or ice upon any street, avenue or roadway
within the Township of Frelinghuysen or from one street, avenue or
roadway within the Township of Frelinghuysen to another.
b.
No person, firm or corporation shall pile, gather up or in any way
force any snow or ice upon any terrace or parcel of land within six
(6') feet of any street, avenue or roadway in such a manner as to
cause the height of the snow and ice so piled, gathered, plowed or
forced to exceed three (3') feet six (6") inches in height above the
existing natural grade of said terrace or parcel of land, except that
it shall be unlawful to cover a fire hydrant with snow or ice.
c.
No person, firm or corporation, property owner or occupant shall
remove snow or ice from private property and place it upon public
or private property without the expressed permission of the owner
of the parcel of real estate upon which the snow and ice is to be
placed.
d.
Any person, firm or corporation piling, gathering or plowing up snow
or ice on any public or private streets, avenues or roadways to an
excess height, as indicated above, shall forthwith remove the same
at his or its expense, upon the request of the Township of Frelinghuysen.
e.
Whenever any person, firm or corporation neglects or refuses to remove
any snow or ice piled, gathered or plowed up by him is in violation
of this section within one (1) hour after a request to do so by the
Township of Frelinghuysen, it shall be the duty of the Supervisor
of Public Works of the Township of Frelinghuysen to remove or cause
to be removed said snow or ice from such street or terrace and notify
the Clerk/Administrator of the expense incurred by the amount of labor,
equipment and materials used.
f.
The Clerk of the Township of Frelinghuysen shall promptly present
to the violator of this section a bill for the removal of snow and
ice as provided for above, as certified by the Supervisor of Public
Works. If not paid within thirty (30) days, in the case of the property
owner, the cost thereof shall be assessed against the property and
become a lien thereon, collectible in the same manner as delinquent
taxes.
[Ord. #2007-08 § 1]
a.
The owners or tenants or occupants of lands abutting or bordering
upon any street, avenue, public highway or public place within the
Township of Frelinghuysen are hereby required to remove from the sidewalks
in front of and, if a corner lot, alongside of their premises or places
of business, within the first twelve (12) hours of daylight after
the same shall fall or be formed thereon, all snow and ice so as to
provide a pathway or walkway having a width of not less than four
(4) feet.
b.
Whenever any sidewalk in front of or alongside of a premises abutting
or bordering any street, avenue, public highway or public place within
the Township of Frelinghuysen shall become covered or partly covered
with ice, the owner, tenant or occupant shall cause such sidewalk
to be made safe and convenient for pedestrians by removing the ice
therefrom or by covering the same with salt, sawdust, sand, ashes
or like material within the first twelve (12) hours of daylight after
the formation of such ice.
c.
In cases where a building is occupied by more than one (1) family,
all tenants and occupants thereof are jointly and severally responsible
for the removal of snow and ice as herein provided.
[Ord. #2007-08 § 1]
All police officers, school crossing guards, the Director of Public Works, and the Fire Chief are herby specifically authorized and directed to file complaints for violations of this Section 13-2 whenever the same shall come to their attention. Said complaints shall be processed through the Municipal Court as in the case of the violation of any municipal ordinance.
[Ord. #2007-08 § 1]
In addition to any charges for snow or ice removal by the Township
of Frelinghuysen, any owner, tenant or person violating any of the
provisions of this section shall, upon conviction thereof, be subject
to a penalty not to exceed one thousand ($1,000.00) dollars or imprisonment
not to exceed ninety (90) days, or both.
