[Adopted 6-9-1986 as Ord. No. 225]
This Article shall be known as the "Andover
Borough Driveway Ordinance."
The purpose of this Article is to control the
access to lots and parcels of land lying in the borough and to assure
that any access provided to such lots or parcels of land meets the
minimum requirements hereinafter set forth and assures safe ingress
and egress to such property.
The following definitions shall apply in the
interpretation and enforcement of this Article:
Any existing point of access where the present sight distance
has been reduced more than 10% or the grade within the first 25 feet
from the intersecting road has been altered more than 10%.
Any stream, watercourse, pond, swale, swamp, depression or
ditch that must be crossed in connection with the construction of
a driveway.
Any point of access to a lot or parcel of land adjacent to
any public road used for other than purely pedestrian access.
A.
Permit required. No new driveway may be constructed
or existing driveway altered by any person without first obtaining
a permit from the Construction Official as set forth herein.
B.
Application requirements. Any person wishing to construct
a new driveway or alter an existing driveway shall file an application
with the Construction Official. Such application shall contain the
following information:
C.
Plat required. A plat delineating the following shall
be prepared by a licensed professional engineer and submitted with
the application:
(1)
North arrow and scale of plat.
(2)
The name of the abutting road.
(3)
Identification of the closest intersecting road and
the distance from the proposed point of access.
(4)
The location of the proposed driveway with respect
to the nearest side line of the subject lot, along with center line
elevations every 50 feet and existing contours at two-foot intervals
for a distance of 50 feet on each side of the driveway center line.
(5)
The width of the subject lot.
(6)
The edge of the pavement of the abutting road, type
of road surface, culverts, utility poles, storm drains, swales and/or
ditches within the right-of-way and within the subject lot.
(7)
The edge of the right-of-way of the abutting road.
(8)
The location of any existing or proposed dwelling
and/or garage and of any existing or proposed septic system and well,
if they are within 100 feet of the proposed driveway.
(9)
The proposed surface of the driveway.
(10)
Proposed storm drainage improvements, if any, in accordance
with normal design standards.
(11)
Sight triangles, as required herein.
(12)
A center line profile of the existing and proposed
grade along the entire length of the driveway if the slope of the
lot would require a driveway with a grade in excess of 15%.
(13)
Cross sections of the driveway shall be required if
the proposed construction will result in excavations and/or fills
in excess of four feet. Cross sections shall be provided at the edge
of road, at a point 10 feet from the edge of the road and at twenty-five-foot
intervals along the driveway. Cross sections shall be prepared at
a vertical and horizontal scale of one inch equals five feet and should
show the existing and proposed grades, slopes of the embankment and
proposed stabilization of slopes. Side slopes shall be topsoiled,
seeded, fertilized and mulched to prevent erosion. If banks exceed
six feet in height, stabilizing materials shall be shown on the plans.
(14)
The location of any existing structures, nature of
features or other items which could interfere with the safe use of
the driveway.
D.
Application fee. The permit fee shall, pursuant to
the provisions of this article, be included as part of the building
permit fee, except where an alteration is being made on an existing
driveway, which shall then require a fee of $50. In cases where an
engineer's inspection is needed, the applicant shall pay the fee.
[Amended 3-14-2022 by Ord. No. 2022-2]
E.
Building permit. No building permit shall be issued
for the construction or alteration of any structure where, inherent
in any application, a driveway permit is required, in accordance with
the terms of this Article, until the driveway permit has been issued.
The driveway and any house foundation may be constructed simultaneously.
All driveways shall be constructed or altered
in accordance with the following minimum requirements:
A.
Permitted driveways. The number of driveways permitted
from any lot to any abutting road shall be in accordance with the
following standards, except where conditions of safety of the general
motoring public may be impaired:
(1)
Single-family residence zones. When a circular driveway
is desired, two driveway openings may be constructed.
|
Lot Width
(feet)
|
Permitted Number of Driveways
|
|---|---|
|
Up to 200
|
1
|
|
200 or more
|
2
|
(2)
All other zone districts. In determining the number
of driveways to be permitted in all other zone districts, the requirements
for development set forth in the Zoning Chapter shall be considered
as minimum requirements, and at the time of site plan review, proposed
driveway locations shall be reviewed in accordance with the site plan
review standards,[1] taking into consideration, to be supplied by the applicant,
the county standards for access to county roads.
B.
Sight distances required. Any exit driveway shall
be designed in profile, grading and location to permit the following
minimum sight distances measured in each direction along the intersecting
roads. The measurement shall be from the driver's seat of a vehicle
standing on that portion of the exit driveway with the front of the
vehicle a minimum of three feet behind the curbline or the edge of
the shoulder of the intersection road, and the height of the eye of
3 3/4 feet to the top of an object 4 1/2 feet above the
road surface.
|
Allowable Speed on Road
(miles per hour)
|
Required Sight Distance
(feet)
|
|---|---|
|
30 or less
|
250
|
|
40
|
300
|
|
50
|
350
|
C.
Angle of intersection. All driveways constructed or
altered within 50 feet of the center line of the road shall intersect
the abutting road at an angle as near to 90° as sight conditions
will permit but in no case less than 70°.
The following design standards shall be applied to all driveways requiring a permit, in accordance with § 117-8:
A.
Emergency vehicle access. To assure access for emergency
vehicles, the driveway shall contain no curvature with less than a
fifty-foot radius, and the driveway crown shall be relatively flat
to prevent dragging of any vehicle undercarriage. Reasonable cutting
and filling may be used to achieve compliance with the above requirements.
B.
Width. All driveways constructed or modified shall
have a minimum driving width of 10 feet and an entrance not greater
than 20 feet in width, unless otherwise permitted by the governing
body.
C.
Erosion. All driveways shall be constructed in such
a manner that land areas abutting the driveway surface, and the driveway
surface, shall be stabilized to prevent erosion. All driveways shall
be designed so that surface water shall not be directed onto the abutting
road, and necessary steps shall be taken to prevent siltation of road
gutters, catch basins and cross drains. All driveways shall be maintained
in such condition that their surface and adjacent areas are stabilized
to prevent erosion. The following is therefore required for driveways
ascending from the roadway:
D.
Ditches and drainageways. All driveways shall be designed
and constructed so that existing drainage ditches and drainageways
are not obstructed. Where necessary to provide or maintain free flow,
which cannot be maintained with a shallow dish gutter, a reinforced
concrete pipe, having a minimum diameter of 15 inches, shall be installed
in the ditch or drainageway.
E.
Intersection with abutting road. At the point of intersection
with the abutting road, the driveway shall provide an even surface
with the traveled way or shoulder and shall not extend into the traveled
way or shoulder in such a manner as to cause a sharp increase or decrease
in elevation, thereby creating an uneven driving surface.
F.
Intersecting roads. When a site from which a proposed
driveway exits occupies a corner of two intersecting roads, no driveway
entrance or exit shall be located within 25 feet of the point of tangency
of the existing or proposed curb radius of that site.
G.
Construction material. For a minimum distance of 10
feet from the improved portion or shoulder of the public road, all
driveways shall be constructed of the following material:
(1)
Driveways entering unpaved roads shall be four inches
compacted thickness of dense graded aggregate thoroughly rolled and
compacted of the specified width.
(2)
Driveways entering paved roads shall have a base course
of four inches compacted thickness of dense graded aggregate thoroughly
rolled and compacted and a surface course of two inches compacted
thickness of bituminous concrete Type A or Type FABC-1.
H.
Stabilizing of certain slopes. All banks exceeding
six feet in height shall have crown vetch or some other stabilizing
material planted. Side slopes shall not exceed two to one.
I.
Side lines of driveway to be marked. The side lines
of the proposed driveway shall be identified by stakes placed 10 feet
from the edge of the road and thence at twenty-five-foot intervals
along the driveway.
J.
Where a site occupies a corner of two intersecting
roads, no driveway shall be located within 25 feet of the point of
tangency of the existing or proposed right-of-way return of that site.
A.
Review of application; action by Construction Official.
The Construction Official shall inspect the premises and review the
application as to the proposed improvements, and if it is his determination
that the proposed improvement complies with the standards of this
Article, then, in that event, he shall issue a permit to the applicant.
If the determination is that the proposed driveway does not comply
with the terms of this Article, then the applicant shall be notified
of the denial of the application with the reasons for denial set forth.
B.
Review by Borough Engineer. If the Construction Official deems that the site has special problems such as, but not limited to, adequate pipe size, as set forth in § 117-10D, or a safe and adequate site distance, as set forth in § 117-10F, the Construction Official shall refer such application to the Borough Engineer for review and comment at the expense of the applicant.
C.
Time for decision. The Construction Official shall
take action on all applications no later than 30 days after the date
that the application is filed, unless the application has been referred
to the Borough Engineer. In that event, the Construction Official
shall take action no later than 60 days after the date that the application
is filed.
D.
Appeals. Any person aggrieved by the decision or action
of the Construction Official under this Article may appeal that decision
to the Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-70b.
Such appeal shall be made in writing and filed within 10 days from
the date of such decision or action. This appeal will be heard in
accordance with the rules and instructions of the Zoning Board of
Adjustment and a decision rendered in accordance with the requirements
of N.J.S.A. 40:55D-73.
A.
Liability for damages. Any person violating any provision
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 borough in repairing
such damage or removing the construction, in addition to the penalty
herein provided.
B.
Penalty. Any person violating any of the provisions
of this Article shall, upon conviction thereof, be subject to a fine
not to exceed $50. Each and every day that a violation continues after
notification thereof shall constitute an additional, separate and
specific violation.
