The purpose of this article is to assure the proper installation and
alteration of all private driveways in the Township of Lebanon, to minimize
erosion and flow of soil and debris from driveways and surrounding lands onto
public roadways and adjoining safety problems on public roadways, to conserve
the general value of property within the Township, and to maximize efforts
to assure the public and service vehicles the right to safe and comfortable
use of public roadways and private driveways.
[Amended by Ord. No. 20-1988; Ord. No. 14-1989; Ord.
No. 2002-08]
A. No person or persons, corporation or corporations, or commercial establishment shall cut or construct or alter any driveway from private property to a public road without first having secured an opening permit from the Lebanon Township Department of Public Works Supervisor or Construction Official, at a fee set forth in Chapter
205, Article
II, Fee Schedule, upon application to and approval of same by the said Department of Public Works Supervisor or Construction Official. The application for such permit shall include a drawing or sketch including the location of the proposed driveway. The said drawing or sketch shall include details indicating how said driveway entrance is to be constructed or altered, and shall be in general conformity with the typical plan and profile in Figure 1, herein.
B. The Township Department of Public Works Supervisor shall
refer said application and supporting data to the Township Engineer for his
review and recommendations in instances where, due to the severe or unusual
characteristics of the particular site in question, including driveway construction
on slopes greater than 15%, engineering review is appropriate or necessary.
C. Upon receipt of an application together with the said
drawings, the Department of Public Works Supervisor or Construction Official
shall inspect and study the site of the proposed driveway, lane or other entrance
and in the event, in his opinion, there are changes or additions to be made
in order to comply with the requirements of this article, they shall be so
stated and outlined on the application and drawings, and be made known to
the applicant by the Department of Public Works Supervisor or Construction
Official.
D. All costs of materials required and work performed shall
be borne by and paid by the applicant or owner of the affected property.
All driveways to be constructed, or existing driveways to be altered,
which intersect with the right-of-way line of any existing or future public
road shall be constructed or altered in accordance with the following minimum
requirements:
A. All driveways shall be constructed or altered so as to
slope from the public road right-of-way line toward the edge of the existing
shoulder or traveled way in accordance with the following schedule:
(1) Within 25 feet from the edge of the road, the finished
grade of the driveway shall be no greater than 6%.
(2) In instances where the driveway to be constructed or
altered intersects a roadway with a shoulder, the driveway grade shall be
the grade of the shoulder.
(3) The driveway shall slope upward from the gutter line
on a straight slope at least 10 feet long for residential driveways, unless
otherwise specified by the Department of Public Works Supervisor or Township
Engineer.
All residential driveways constructed or altered within a public road
right-of-way shall be constructed so that the angle between the driveway center
line and the near edge of the roadway shall be not less than 60°. Any
curved or reduced angular approach of the driveway for aesthetic or topographical
reasons shall be accomplished outside of the public road right-of-way or a
right-of-way 50 feet in total width, whichever is wider.
[Amended by Ord. No. 20-1988]
All residential driveways constructed or altered within public road
rights-of-way shall have a minimum driving width of 10 feet. Leading from
the edge of the public roadway along the driveway there shall be a widened
approach which shall depend upon the conditions of the specific location and
shall be as specified and directed by the Department of Public Works Supervisor
or Construction Official. In no case shall the widened approach be less than
the equivalent to a radius of five feet on each side of the driveway as they
intersect the public roadway.
[Amended by Ord. No. 20-1988]
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 drain pipes.
B. The owner of any existing driveway which causes problems
of soil erosion or excess runoff within the public right-of-way or on adjoining
property shall, upon written notice from the Township Department of Public
Works Supervisor or Construction Official, correct the conditions causing
said problems within 30 days of said notification. Failure to make such correction
shall be in violation of this article.
[Amended by Ord. No. 20-1988]
A. 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 ditch
line of the public roadway and create a hump or uneven driving surface on
the pavement or traveled way or shoulder. In certain situations, as determined
by the Department of Public Works Supervisor, the driveway may be constructed
to have a sufficient rise above shoulder level to prevent excessive runoff
from the roadway onto adjacent property.
B. The construction of a properly sized dish-type gutter
will be permitted, provided that existing water flow will not be blocked,
altered or changed in any manner.
C. The installation of a suitably sized reinforced concrete
pipe or culvert shall be required in the event that the existing flow line
or ditch cannot be crossed with a shallow dish-type gutter. The size of the
pipe or culvert required shall be subject to the approval of the Township
Department of Public Works Supervisor or Construction Official. No pipe or
culvert shall be less than 15 inches in diameter.
Those portions of driveways constructed or altered within public roads
or rights-of-way or within 25 feet of the edge of public roadway, whichever
is greater, shall be constructed of the following materials:
A. Driveways entering public roads:
(1) Base course: four inches (compacted thickness) of one-and-one-half-inch
quarry process (blend) or dense grated soil aggregate, stone thoroughly rolled
and compacted.
(2) Surface course: 1 1/2 inches (compacted thickness)
of bituminous concrete Type FABC-1.
B. Driveways entering curbed roads:
(1) Curbs crossing driveways shall be constructed or reconstructed
to provide a depression with a two-inch curb height relative to the edge of
the roadway pavement. The top of the depressed curb shall be sloped down toward
the roadway to provide a one-and-one-half-inch curb face.
(2) The total depth of curb shall be maintained across the
depression.
(3) Transitions from the depressed curb to the full faced
curb shall be over a maximum length of 18 inches.
(4) The width of the depressed curb shall be subject to approval
of the Department of Public Works Supervisor.
C. All materials shall comply with the New Jersey Department
of Transportation Specifications for Road and Bridge Construction, 1983 Edition,
and all amendments and revisions thereto.
D. Alternate base course or surface course materials may
be permitted subject to demonstration that such materials provide equal or
greater structural strength and durability.
E. Construction required by Subsections
A(1) and
B(1) above shall be installed as a temporary access pad prior to endorsement of the permit and/or issuance of a building permit.
Sight areas on each side of residential driveways shall be cleared and
graded to provide unimpeded sight of vehicles approaching on the public roadway.
[Amended by Ord. No. 20-1988]
A. The Township Department of Public Works Supervisor or
Construction Official 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. Upon notice to the Department of Public Works
Supervisor or Construction Official of the completion of the construction
or alteration of the driveway, the Township Department of Public Works Supervisor
or Construction Official shall inspect same and shall endorse an opening permit
to evidence compliance or noncompliance with standards specified herein. The
construction or alteration of the driveway shall not be deemed in accord with
the provisions of this article unless and until the said permit has been so
endorsed.
B. In the event the construction or alteration of the driveway
entrance is not completed in accord with the permit theretofore issued for
such, said permit shall be so endorsed by the Department of Public Works Supervisor
or Construction Official, who shall state the manner in which such construction
is not in accord with said permit.
C. Failure of the Township Department of Public Works Supervisor
or Township Engineer or Construction Official to endorse the opening permit
within 21 days after submission of said permit to the Township Department
of Public Works Supervisor or Construction Official for endorsement shall
be deemed as approval by the Township.
In the event of any circumstances that would entail an unreasonable
hardship upon the owner and/or permittee to construct an entrance driveway,
lane or accessway in accord with the above specifications, the Township Department
of Public Works Supervisor is authorized to make such modifications thereto
as he shall determine feasible and appropriate to afford a good, safe and
well-drained driveway intersection in accord with good engineering practices.
Any questions on the application or interpretation of the aforestated minimum
specifications shall be resolved by the said Township Engineer.
Any person or persons, firm or corporation, violating any section of
this article which results in damage to or obstruction of any public road,
gutter, storm drain, ditch, basin, inlet or culvert shall be responsible for
all expenses incurred by the Township of Lebanon for repairing said damage,
removing said obstruction in addition to the penalties herein provided.
Any person or persons, industry or commercial establishment violating any section of this article shall, upon conviction thereof, be subject to the penalties set forth in Chapter
1, Article
II, General Penalty. Each and every month that said violation continues shall constitute a separate and specific violation. In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief.
If any person shall be aggrieved by an action of the Department of Public
Works Supervisor or Township Engineer under this article, appeal therefrom
in writing to the Township Committee may be taken within 10 days after date
of such action. The Township Committee shall fix a reasonable time for the
hearing of the appeal, giving due notice thereof to the appellant. Said appellant
shall at least 10 days prior to the time appointed notify by certified mail
all owners of property within 200 feet of the extreme limits of the property
to be affected by such appeal, measured along both sides of the public road
as they appear on the current municipal tax records. Said notice shall state
the time and place of the hearing and the matter being appealed. The appellant
shall also cause notice of the hearing to be published in the official newspaper
or a newspaper of general circulation in the Township at least 10 days prior
to the hearing. The appellant shall by affidavit present satisfactory proof
to the Township Committee at the time of the hearing that said notices have
been duly mailed and published as required in this article.