Township of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Derived from Sec. 13-2 of the 1999 Code of the Township of Clinton. Amendments noted where applicable.]
Land use regulations — See Ch. 165.
Street excavations — See Ch. 239, Art. I.
[Amended 6-13-2007 by Ord. No. 928-07]
The purpose of this chapter is to set certain standards for the design, location and construction of driveways and driveway openings, and to ensure the safe and clear passage of vehicles, in order to promote the safety, public well-being, convenience and general welfare of the Township through, among other things, the lessening of soil erosion, ensuring emergency vehicle access, the promotion of traffic safety and the preservation of municipal road structures.
For the purpose of this chapter, the following words or terms shall mean:
An existing driveway is "altered," within the meaning of this chapter, when its horizontal location or vertical elevation is changed or when drainage facilities are installed or replaced within the Township right-of-way. An existing driveway is "not being altered" within the meaning of this chapter, when it is paved, widened or narrowed.
Any lane, way, opening, construction entrance or privately owned road entering upon any public road within the Township of Clinton, including access to farm buildings, except openings to nonresidential land used exclusively for farming purposes.
A driveway whose grade rises in elevation from the existing grade at the edge of the municipal roadway.
No driveway or field entrance may be constructed nor shall any existing driveway or field entrance be altered within or along an existing Township street unless the owner first obtains a driveway permit from the Township Construction Department. The fee for such driveway permit shall be $25. The applicant shall pay the Township an escrow fee of $250 to cover the cost of professional review of the application by the Township Engineer, including a site inspection of the construction and completion of the portion within the Township right-of-way.
All driveways to be constructed or existing driveways to be altered within any existing or future Township road right-of-way shall be constructed or altered in accordance with the following minimum requirements:
Permitted slope at intersection. The portion of any driveway within the road right-of-way shall be constructed so that the grade at the right-of-way is not less than three inches nor more than six inches above the edge of the existing pavement or traveled way.
[Amended 6-23-1999 by Ord. No. 688-99]
The maximum number of driveway openings permitted from a commercial or industrial lot to any one road shall be limited as follows:
Length in Lot Frontage
Permitted Number of Driveway Openings
200 or less
201 or more
The maximum number of driveway openings permitted from a residential lot shall be limited as follows:
Length in Lot Frontage
Permitted Number of Driveway Openings
100 or less
100 or more
Adjacent driveway openings. Within the right-of-way, a minimum distance of 25 feet shall separate any two driveways (on the same premises or on adjoining lots) entering upon a single municipal roadway, as measured parallel to the right-of-way line. A minimum distance of 10 feet shall separate a driveway from an adjacent property line, within the right-of-way.
Adjacent property lines. A driveway may curve once it leaves the road right-of-way, however, a minimum of 10 feet should remain to separate the limits of any driveway, including the turnaround, from an adjacent property line.
Drainage facilities. Each driveway shall be constructed with suitable and adequately designed draining facilities. Wherever possible, driveway drainage shall be directed into natural drainage channels. Driveway drainage may be connected with existing drainage facilities within the municipal roadway, provided that said connection does not interfere with existing drainage or cause erosion or deposits of sediment in the municipal drainage system. Driveway drainage systems shall not discharge onto adjoining properties causing erosion or sediment damage or flooding and shall not discharge onto the paved or traveled portion of any public right-of-way.
Sight distance required.
All driveways shall be constructed in profile, grading and location to conform to the following criteria:
Y = Sight distance along road, measured from Point A to Point C or from Point D to Point C.
A & D = Point 4 1/4 feet above the road center line.
B = Point 3 1/2 feet above driveway center line, 20 feet from the road's edge of pavement.
C = Center of the intersection.
Road Design Speed
Required Y
The entire area of the sight triangle, described by A-B-C or B-C-D, shall be cleared as required to provide an unobstructed view across it, from Point B to all points 4 1/4 feet above the road center line between Points A and D.
All driveways constructed or altered within a Township road right-of-way shall be constructed so as to be perpendicular to the existing pavement or traveled way. Any curved or angular approach of the driveway for aesthetic or topographical reasons shall be accomplished outside of the Township road right-of-way, 25 feet from the center line of the existing roadway.
To assure adequate access for motor vehicles, any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Vertical curves shall not exceed a crest of 3 1/4 inches or a two-inch depression in a ten-foot chord.
All single-family residential driveways constructed or altered within Township road right-of-way shall have a minimum driving width of 10 feet with a minimum radius or angle of five feet each side as they touch the Township paving or traveled way. The maximum driveway width (except turnaround or parking areas) shall be 16 feet. The driveway width at the curbline or pavement edge shall not exceed 30 feet.
Multifamily, commercial and industrial driveway widths shall be designed to accommodate commercial vehicles and higher traffic volumes, but in no event shall driveways exceed a maximum width of 35 feet at the right-of-way.
No new driveway shall be constructed at a profile grade exceeding 15% at any point. If a proposed uphill driveway will exceed a profile grade of 8% anywhere within the first 200 feet, as measured from the road right-of-way line along the driveway center line, then that portion of the driveway which exceeds 8% within the first 200 feet shall be paved with a bituminous concrete, macadam or portland cement concrete surface.
All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of the soil from them and land behind them. Water and silt must be prevented from running onto and accumulating upon the traveled way of the Township road, or filling up road gutters, catch basins, inlets or pipe drains.
In the event that the construction of any particular driveway in the Township of Clinton is subject to the provisions of the Clinton Township Soil and Soil Removal Ordinance (or to the provisions of the Hunterdon County Soil Conservation District), the standards contained in such ordinance shall apply whenever such standards are more stringent, detailed or comprehensive than the standards contained herein.
All driveways constructed or altered within the Township 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 circumstances shall the driveway be allowed to extend beyond the edge of the existing ditch line at an elevation creating an uneven flow line in the gutter or ditch or beyond the existing edge of pavement creating a hump or uneven driving surface.
The construction of a properly sized dish-type gutter will be permitted, provided that the existing Township water flow will not be blocked, altered or changed in any manner.
The installation of a suitably sized reinforced concrete pipe or culvert will 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 determined by the Township Engineer and shall be a minimum of 24 feet in length. In any event any pipe must be at least 15 inches in diameter.
When a site or lot occupies a corner formed by 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 either road.
No entrance or exit driveway shall be located on the following portions of a road: a rotary, a ramp or interchange or within 25 feet of the beginning of any ramp or other portion of an interchange. Driveways located on cul-de-sac road turnarounds are permitted.
All driveways constructed or altered within Township road right-of-way shall be constructed of the following materials:
Driveways entering unpaved roads: six inches (compacted thickness) of one-and-one-half-inch quarry process (blend) stone thoroughly rolled and compacted at the specified width.
Driveways entering paved roads.
Base course: six inches (compacted thickness) of one-and-one-half-inch quarry process (blend) stone thoroughly rolled and compacted.
Surface course: two inches (compacted thickness) of bituminous concrete Type A or Type FABC-1.
All materials and methods of construction shall comply with the New Jersey State Highway Specifications for Road and Bridge Construction, 1989 Edition, and all amendments and revisions thereto.
Site improvements shall conform to the applicable development approvals and/or ordinances.
The Township Council will require the person or persons, firm or corporation applying for a driveway permit to submit an application,[1] together with a plan in sufficient detail, to the Construction Department for checking by the Township Engineer and for approval prior to the issuance of the permit. The plan shall be prepared by a New Jersey licensed professional engineer (signed and sealed) or include the following information:
A plot or site plan showing the driveway for its entire length and its relation to the Township road, and shall show the proposed location of dwellings or structures, septic systems, existing or proposed surface water swales, diversions, etc.
A profile of the driveway showing existing and proposed center line grades and elevations for its entire length for any driveway where existing lot grades exceed 10%.
A plan showing the type of storm drainage to be constructed at the driveway entrance to the Township road, i.e., dish-type gutter, pipe or culvert. Sizes of pipes, culverts and gutters, grades, elevations, typical cross sections, construction details and any other information deemed necessary to the proper analysis of the installation shall also be shown.
Editor's Note: The application form is included at the end of this chapter.
If storm drainage is to be altered or constructed within the Township right-of-way, the Township Engineer shall review the plans and make required inspections and set the fee for same to cover the actual cost. This requirement may be waived at the discretion of the Township Engineer.
No building permit shall be issued for the construction or alteration of any structure where inherent in any application for such permit a driveway permit is required in accordance with the terms of this chapter until the driveway permit and all work required thereby shall be completed, except that the improvement required by § 112-15A(2)(b) may be completed at any time prior to issuance of the certificate of occupancy.
In the event that the necessary work and improvements cannot be completed at the time of application for the certificate of occupancy because the asphalt plants are no longer producing surface course, the certificate of occupancy may be issued, provided that a performance guaranty, in the form of cash or a bond, in amount of $1,000, is filed with the Township Clerk. Under special circumstances, the certificate of occupancy may be issued without a completed apron, when the plants are open, if a performance guaranty in the amount of $1,000 is posted, the circumstances are accepted by the Construction Department, and a written correspondence is provided as to when the apron will be completed.
Upon certification by the Township Engineer that all work and improvements required by the driveway permit have been completed, the Clerk shall return any remaining amount of the performance guaranty to the person who supplied the same or to the present owner of the property, whoever submitted the bond, and the Construction Department shall consider the issuance of any related certificate of occupancy.
Any person or persons, firm, or corporation violating any provision of this chapter which results in damage to or obstruction of any Township road, gutter, storm drain, ditch, basin, inlet or culvert shall be responsible for all expenses incurred by the Township in repairing the damage or removing the obstruction, in addition to the penalty herein provided.
Any person or persons, firm, or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty stated in Chapter 1, § 1-17.
[Added 6-13-2007 by Ord. No. 928-07]
Definition. As used in this section, the following term shall have the meaning indicated:
Driveway as defined in this chapter, or a private strip of land over which designated parties have the right to pass, that is used in common by two or more lots.
Blocking shared driveways prohibited. No person shall impede, block or prevent ready access to, over, in or through a shared driveway, whether by parking vehicles, erecting barriers or other means.
Violations and penalties. Any person or persons, firm, or corporation violating this section shall be subject to fines and penalties as set forth in Chapter 1, § 1-17.