[Adopted by Ord. No. 6-1979 (Sec. 10-3 of the 1985
Revised General Ordinances)]
The construction of driveways or lanes leading onto the public roads
of the Township is likely to adversely affect such public roads and their
adjacent drainage systems, and the State Uniform Construction Code requires
that public property be protected from damage incidental to construction operations.
No person shall construct or build a driveway, lane, road or other similar
way upon private property which shall enter onto or exit from the public roads
of the Township without first obtaining a driveway permit from the Township
Construction Code Official.
No person shall undertake any construction upon private property which
might obstruct or change the course of any waters which may flow through any
ditch, gutter or drainageway, that may form a part of the drainage system
of the public roads of the Township without first obtaining a driveway permit
from the Township Construction Code Official.
No person shall undertake any construction upon private property involving
the use of wheeled vehicles which may exit onto the public roads of the Township
without first obtaining a driveway permit from the Township Construction Code
Official.
In the event that it is necessary to apply for a driveway permit, a
written application shall be submitted to the Township Construction Code Official
containing the following information:
A.
The name, mailing address and telephone number of the
applicant;
B.
The location of the private property involved;
C.
A description of the undertaking necessitating the application;
and
D.
A statement describing the applicant's proposed procedure
for minimizing any adverse impact upon the Township's public roads and drainage
system.
Upon the receipt of an application for a driveway permit, the Township
Construction Code Official shall cause the application to be reviewed and
the site examined in order to determine the sufficiency of the applicant's
proposed procedure for minimizing any adverse impact upon the Township's public
roads and drainage system.
If the Township Construction Code Official determines that the applicant's
proposed procedure is inadequate, he may prescribe reasonable additional or
different procedures, including but not limited to the installation of piping
under the driveway where it intersects with the public road or the installation
of a temporary gravel driveway prior to the commencement of construction in
order to facilitate the cleaning of wheels or construction vehicles.
Upon the approval of the applicant's procedure or the imposition of
additional or revised procedures, a driveway permit specifying the manner
in which the applicant shall proceed shall be issued and the applicant shall
act in compliance with the terms and conditions specified therein.
In the event that an application for a driveway permit is filed in connection with a lot granted preliminary or final subdivision or site plan approval and is thus subject to the provisions of Chapter 330, Subdivision of Land, or in the event that the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-39 et seq.) is applicable, the standards contained in those regulations shall apply where such standards are more stringent than those the Township Construction Official would impose if such regulations were not applicable.
In the event that the Construction Code Official fails to act upon an
application within 20 business days from the time it is filed or in the event
that the applicant does not believe that the procedures mandated by the Construction
Code Official are reasonable or in the event that the applicant believes that
strict compliance with the mandated procedures would result in practical difficulty
or undue hardship, then the applicant shall have the right to appeal in accordance
with the procedures specified in the State Uniform Construction Code Act,
P.L. 1975, c. 217, as amended and supplemented.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
Any person or corporation, including an officer, director or employee of a corporation, shall be subject to a penalty as established in Chapter 1, Article II, General Penalty, if that person violates any provision of this article. A person shall be guilty of a separate offense for each day any such violation shall continue. Actions for enforcement shall be brought in the Municipal Court. In addition to the foregoing, the Township reserves the right to bring an appropriate civil action to enforce the provisions of this article.
