[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.]
GENERAL REFERENCES
Shade Tree Commission — See Ch. 59.
Construction and repair of sidewalks and curbs — See Ch. 93.
Streets and sidewalks — See Ch. 171.
Fees and deposits — See Ch. A301.
[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]
[1]
Editor's Note: Ordinance No. 1999:816, adopted 11-22-1999, repealed former § 59-1, which established the Shade Tree Committee. See now § 59-1 of Ch. 59, Shade Tree Commission.
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.