PLEASE TAKE NOTICE that the following Ordinance was introduced on first reading by the Township Committee of the Township of Kingwood, County of Hunterdon, State of New Jersey at a meeting held on the 6th day of June, 2013. The Ordinance was then ordered to be published according to law. Notice is hereby given that the said Ordinance will be considered for final passage at a public hearing to be held on the 1st day of July, 2013 at a meeting beginning at 8:00 PM at the Municipal Building located at the corner of County Route 519 and Oak Grove Road, Kingwood Township, New Jersey, at which time all interested persons will be heard. ORDINANCE NO. 17 14-2013 AN ORDINANCE OF THE TOWNSHIP OF KINGWOOD, COUNTY OF HUNTERDON, STATE OF NEW JERSEY TO AMEND AND SUPPLEMENT THE LAND USE REGULATIONS OF THE TOWNSHIP OF KINGWOOD, SPECIFICALLY STREETS AND SIDEWALKS, CHAPTER 112 AND ZONING, CHAPTER 132 OF THE GENERAL ORDINANCES OF THE TOWNSHIP PERTAINING TO DRIVEWAYS. WHEREAS, the Kingwood Township Committee is desirous of amending and supplementing existing ordinance provisions pertaining to the location, construction, maintenance, improvement and alteration of driveways within the Township to include and modify certain requirements so as to better serve the public safety and the general goals and objectives of the Kingwood Township Master Plan; and NOW, THEREFORE, be it ordained by the Mayor and Township Committee of the Township of Kingwood as follows: SECTION I - CHAPTER 112 STREETS AND SIDEWALKS, of the Ordinances of Kingwood Township, is hereby amended and supplemented, as follows: Chapter 112. STREETS AND DRIVEWAYS GENERAL REFERENCES Sewers and Drains See Ch. 100. Soil erosion to Vehicles and Traffic - No Change Offstreet Parking, Loading and Driveways See 132-53 Article I. Road Specifications 112-1. Conformance required for acceptance. Roads constructed in non-residential private developments shall conform to the standards set out in this article in order to be considered for acceptance as township roads. Residential private developments shall conform to the standards as set in NJAC 5:21 Residential Site Improvement Standards, latest revision. 1
112-2. Type of paving; width. A. All streets to be constructed will be in accordance with the following, which are hereby declared to be minimum requirements:: 112-3. Curbs. (1) Minor, marginal access and collector streets (typical cross section designated for these streets). The traveled way shall be a minimum of 24 feet in width with a crown of four inches and shall consist of a two-inch compacted depth of FABC-1 surface course on a five-inch compacted depth of bituminous stabilized base placed on a graded and compacted subgrade. Subbase material, where required, shall be a fourinch minimum depth of Type 5 Class A soil aggregate. A graded shoulder of threefoot minimum width and 3% slope shall be provided along both sides of the road unless sidewalks are required or provided. Drainage shall be carried by a storm sewer system complying with 112-4. Roadside cut or fill slopes shall not exceed one vertical to three horizontal. All disturbed areas shall be stabilized as required Chapter 103, Soil Erosion. All work shall be done under the New Jersey Department of Transportation specifications or equivalent approved by the Township Engineer. (2) Arterial streets (no typical cross section). The specifications for this type of street shall be in accordance with the New Jersey State Highway Department design standards and shall depend on soil conditions, traffic volume, load limit, drainage considerations, etc. In no case shall these specifications be less than those required for collector streets. Curbs will be concrete, Class B, or Belgian Block as per New Jersey Department of Transportation specifications and NJ Residential Site Improvement Standards. 112-4. Drainage facilities. A. Provision must be made for adequate drainage facilities such as crossdrains, runoffs, culverts, storm sewers, catch basins, drop inlets, etc., which will carry off the stormwater. Wherever the curbs or roadside swales cannot adequately convey the water without encroachment into the travel lane, the developer must install a storm sewer system with adequate drop inlets and catch basins. All drainage facilities must be in accordance with 115-11 and approved by the Township Engineer. B. NO CHANGE. 112-5. NO CHANGE. Article II. Driveway Construction 2
112-6. Purpose. The purpose of this Article is to assure the proper installation and alteration of all private driveways in the Township of Kingwood, to minimize erosion and flow of soil and debris from said driveways and surrounding lands onto public roadways, to assure safe means of ingress and egress to public roadways, to conserve the general value of property within the township, to ensure emergency vehicle access and to maximize efforts to assure the public and service vehicles the right to safe and comfortable use of public roadways and private driveways. 112-7. Driveway classifications. A. NO CHANGE. B. An existing driveway is altered or modified, 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 public right-of-way. An existing driveway is not being altered or modified within the meaning of this chapter, when it is paved, widened, narrowed or normally maintained. Normal maintenance includes activities, such as replacing stone or patching asphalt. Where the alteration or modification includes any area within the public right-of-way, the portion of the driveway within the right-of-way shall be brought into conformance with the requirements of this chapter excluding the requirements of Section 112-10C. C. F. NO CHANGE. G. Common driveway. (1) A common driveway is a driveway serving two or more lots created by or resulting from Planning Board approval of a Class II minor subdivision. (2) A common driveway access easement must be at least 50 feet in width with an improved surface of at least 10 feet in width and with a graded area three feet wide on each side of the improved surface of the driveway. If a driveway exceeds 500 feet in length, an area 20 feet in width and 50 feet in length shall be provided to facilitate passing of vehicles for each full 500 foot length. The maximum grade at any point of a common driveway shall not exceed 15%. The surface of the common driveway must consist of at least six inches compacted thickness of quarry-processed 3/4 inch road stone. On each common driveway, all trees and limbs shall be cleared to a minimum height of 14 feet from that area which extends three feet on each side of the improved surface of the driveway. Each common driveway shall be improved at the entrance of the common driveway onto the public street by the construction of a paved apron which conforms to the standards set forth in this chapter for driveway aprons or as required by Hunterdon County or the New Jersey Department of Transportation where applicable, except that the paved area shall be a minimum of 50 feet in length into the driveway, measured from the edge of the road right-of-way. 3
(3) Whenever a Class II minor subdivision is approved, no lot in the Class II minor subdivision shall be conveyed to a new owner without the applicant/owner of the unsubdivided tract first completing construction of the common driveway in its entirety. No certificate of occupancy shall be issued for any building constructed on any lot within a Class II minor subdivision unless construction of the common driveway is completed in its entirety. The foregoing restrictions shall be incorporated into the deeds and/or any plat filed to perfect the approval of any Class II minor subdivision. 112-8. Procedure. A. No person or persons, corporation or corporations, industry or commercial establishment shall cut, construct or alter any driveway from private property to a public road without first having secured an opening permit from the Kingwood Township Road Supervisor, upon application to and approval of same by said Road Supervisor. The application shall contain a plan in sufficient detail for the Road Supervisor to determine compliance with this chapter. The application shall include the following information: (1). A site plan or sketch showing the driveway for its entire length and its relation to the intersecting road, the proposed and existing location of dwellings or structures, septic systems, existing or proposed surface water swales, diversions, etc. (2). On any driveway where existing lot grades exceed 8% in the area of the driveway, a profile of the driveway showing existing and proposed center line grades and elevations for its entire length shall be required. (3). A plan showing the type of storm drainage to be constructed along the driveway and at the driveway intersection with the 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. (4). The Road Supervisor shall inspect the premises and review the driveway permit application. If the proposed permit application and driveway improvement comply with the standards of this chapter, the Road Supervisor shall recommend issuance of a driveway permit. If the determination is that the proposed driveway application or driveway improvements do not comply with the standards of this chapter, then the applicant shall receive written notice specifying the particulars of noncompliance. B. The Township Road Supervisor may refer said application and supporting data to the Township Engineer for his review and recommendations in instances where, because of the characteristics of the particular site in question, engineering review is appropriate or necessary. The Township Engineer may require that additional information, such as a driveway plan and profile, a drainage plan and/or a soil erosion and sediment control plan, be prepared by a professional engineer licensed in the State of New Jersey in those instances where the Township Engineer has determined that conditions are such that the driveway design, drainage plan and/or soil erosion and 4
sediment control plan will require the application of engineering expertise. C. NO CHANGE. D. Driveways serving multi-family, commercial or industrial uses shall be referred to the Township Engineer for review. E. NO CHANGE. F. The applicant for a permit shall pay the Township an administration fee of $100 upon application. Should the application be referred to the Township Engineer for review, the applicant shall deposit with the Township an escrow deposit in the amount of $300. Escrow is to cover the estimated cost of professional review of the application by the Township Engineer and other professionals. The escrow deposit shall be administered in accordance with Chapter 132, Zoning, by the Township Clerk. The Township may require replenishment of such escrow in accordance with said section. 112-9. Slope of driveway. A. NO CHANGE. B. All driveways shall be constructed or altered so as to slope from the public road rightof-way line toward the edge of the existing shoulder or traveled way in accordance with the following schedule: (1) (3) NO CHANGE. (4) The maximum grade at any location along the driveway shall be 15% for residential driveways and 8% for commercial and industrial driveways. (5) NO CHANGE. (6) 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 of the road right-of-way shall be paved with a bituminous concrete, macadam or portland cement concrete surface. 112-10. Angle of entry. A. NO CHANGE. B. The angle between industrial driveways and the near edge of the roadway shall be designed for the particular situation and shall be subject to the review and approval of 5
the Township Engineer. C. Driveways accessing lots fronting on a sharply curved portion of a roadway shall be aligned so as not to appear as a continuation of the roadway from a driver s perspective travelling in either direction along said road. 112-10.1 Lots at Road Intersections (NEW) 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 or either road. 112-11. Width of driveway. A. All residential and commercial driveways constructed or altered within public road rights-of-way shall have a minimum driving width of 12 feet and may taper to a minimum width of 10 feet beyond the right-of-way line. 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 Road Supervisor. In no case shall the widened approach be less than the equivalent to a radius of 10 feet on each side of the driveway as they intersect the public roadway. B. Multifamily, commercial and industrial driveway widths shall be designed to accommodate commercial vehicles and higher traffic volumes, but in no event shall exceed a maximum width of 35 feet. The widths shall be designed for their particular situations and shall be subject to the review and approval of the Township Engineer. 112-12. Erosion control. A. All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of soil, gravel and debris from them and land adjoining them. Measures for soil erosion and sedimentation control must meet or exceed the standards and specifications set forth in the Standards for Soil Erosion and Sediment Control in New Jersey as Promulgated by the State Soil Conservation Committee. Silt, gravel and debris shall be prevented from running onto the public roadways and adjoining property and from entering road gutters, catch basins, inlets or drainpipes. B. NO CHANGE. 112-13. Drainage. 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 circumstances shall the driveway be allowed to extend beyond the edge of the existing ditch line of a public roadway and create a 6
hump or uneven driving surface on the pavement or traveled way or shoulder. In certain situations, as determined by the Road Supervisor and/or Township Engineer, the driveway may be constructed to have a sufficient rise above shoulder level to prevent excessive runoff from the roadway onto adjacent property. B. NO CHANGE. C. The installation of a suitable-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 dishtype gutter. The size of the pipe or culvert required shall be subject to the approval of the Township Road Supervisor and/or Township Engineer. No pipe or culvert shall be less than 12 inches in diameter and 24 feet in length. Pipe terminus shall be finished with a dry laid stone headwall D. The installation of suitably sized cross drains shall be required at points along the driveway as deemed necessary by the Road Supervisor and/or Township Engineer in order to prevent the accumulation of large quantities of runoff waters and effects of soil erosion on the public right-of-way or adjoining property. Where possible driveways should be designed with a 2% cross slope to direct runoff to the driveway edge. Stabilized swales along driveways to be installed as needed. 112-14. Flood Hazard and Freshwater Wetland Areas A. Applicant shall engage the services of a qualified environmental consultant to evaluate the property for the presence or absence of freshwater wetlands, wetland buffers or flood hazard areas in the vicinity of the proposed improvements. Results of the evaluation are to be submitted in writing from the consultant concurrent with submission of the driveway application. B. In situations where the proposed driveway involves disturbance within Flood Hazard Areas and/or Freshwater Wetlands or their associated buffer/transition areas as regulated by NJAC 7:13 and NJAC 7:7A, the applicant shall give notice thereof to the New Jersey Department of Environmental Protection, Division of Land Use Regulations, prior to the issuance of an opening permit by the Road Supervisor, and any required formal permit must be obtained from the New Jersey Department of Environmental Protection prior to the issuance of the opening permit. 112-15. Construction material. Those portions of driveways constructed or altered within public road or rights-of-way or within 25 feet of the center line of the public roadway, whichever is greater, shall be constructed of the following materials: A. Driveways entering unpaved roads. (1) Six inches (compacted thickness) of one-and-one-half-inch quarry process (blend) 7
stone thoroughly rolled and compacted at the specified width. B. Driveways entering paved roads. (1) Base course: six inches (compacted thickness) of one-and-one-half-inch quarry process (blend) stone, thoroughly rolled and compacted. Applicant may substitute three inches of bituminous stabilized base for the six inches of quarry processed (2) Surface course: 2 inches (compacted thickness) of bituminous concrete Type FABC- 1. C. Driveways entering curbed roads. (1) (3) NO CHANGE. (4) The width of the depressed curb shall be subject to approval by the Road Supervisor and/or Township Engineer. D. All materials shall comply with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 2007 Edition, and all amendments and revisions thereto. 112-16. Sight area. A. Sight areas on each side of residential, commercial and industrial driveways shall be cleared and graded to provide unimpeded sight of vehicles approaching on the public roadway in accordance with the following schedule or as otherwise specified by the Township Engineer or Road Supervisor: Operating Speed (mph) Sight Distance (feet) 25 165 30 35 200 250 40 325 50 475 Sight distance values above are to be as measured from a vehicle 10 feet back of the pavement edge of the roadway at an point 3 ½ feet above the driveway grade to a point 4.25 feet above the road centerline grade in both directions. 8
112-16.1 Number of Permitted Driveways (NEW) A. 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 Maximum Permitted Driveway Openings 200 ft or less 1 More than 200 ft 2 B. The maximum number of driveway openings permitted from a residential lot shall be one (1). C. The maximum number of driveway openings permitted from an unimproved active agricultural lot shall be one (1) D. Agricultural lots having a frontage greater than 200 feet and containing a residence are permitted one (1) additional driveway opening to access the farm fields. 112-17. Inspection of driveways; endorsement of permit. A. NO CHANGE. B. In the event the construction or alteration of the driveway entrance is not completed in accordance with the permit theretofore issued for such, said permit shall not be endorsed by the Road Supervisor, who shall state in writing the manner in which such construction is not in accord with said permit. C. Failure of the Township Road Supervisor or Township Engineer to endorse the opening permit within 45 days after submission of said permit to the Township Road Supervisor for endorsement shall be deemed as approval by the Township. 112-18. Modification of requirements. In the event of any circumstance that would entail an unreasonable hardship upon the owner and/or permittee to construct an entrance driveway, lane or access way in accordance with the above specifications, the Township Engineer and Road Supervisor are authorized to make such modifications thereto as he/she shall determine feasible and appropriate to afford a good, safe and well-drained driveway intersection in accordance with good engineering practices. Any questions as to the application or interpretation of the aforestated minimum specifications shall be resolved by the said Township Engineer. 9
112-19. Building permit; performance guaranty. A. NO CHANGE. B. Performance guaranty. (1) In the event that the improvement required by 112-15B(2) cannot be completed at the time of application for a certificate of occupancy because of unsatisfactory weather conditions, such as cold or freezing temperatures or wet soil conditions, or such other extenuating circumstances, the Road Supervisor or Township Engineer may endorse a conditional road opening permit application, provided that a performance guaranty in the form of a cash deposit sufficient in amount to cover 120% of the estimate cost, but not less than $2,000 per opening is paid to the Township Clerk. (2) (4) NO CHANGE. 112-20. NO CHANGE. 112-21. NO CHANGE. 112-22. Appeals. A. In accordance with 132-131.A(5) the Kingwood Township Board of Adjustment is established, constituted and appointed as a Driveway Appeal Board to hear and decide driveway appeals pursuant to this chapter. B. The Kingwood Township Board of Adjustment sitting as a Driveway Appeal Board, shall have the power to hear and decide appeals by any interested party where it is alleged by the applicant that there is error in any order, requirement, decision or refusal made by the Township Zoning Officer or Township Engineer based on or made in the enforcement of this chapter. Such appeal shall be taken within 20 days by filing a notice of appeal with the office from whom the appeal is taken, or with the Township Clerk, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decisions appealed from was made. Such appeal shall be heard by the Board of Adjustment in accordance with its usual rules of practice and procedure, where applicable. C. In connection with an appeal from denial of driveway opening permit and where by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary or exceptional situation or condition of such piece of property, the strict application of any section of this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue 10
hardship upon the developer of such property, the Kingwood Township Board of Adjustment, may grant a variance from such strict applications of such section of this chapter so as to relieve such difficulties or hardship; provided, however, that no variance or other relief may be granted hereunder which would create any substantial public danger or substantial public inconvenience. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantially impairing the intent and purpose of this chapter, or any other Kingwood Township Ordinance. D. Notices of appeals pursuant to this section shall be given by the applicant in the manner prescribed by N.J.S.A. 40:55D-12 (the Municipal Land Use Law). E. The fee for filing a driveway appeal pursuant to this section shall be $500, plus escrow per 112-8D if the township professionals involvement is required. Article III. Intermunicipal Road Maintenance Agreement 112-23. NO CHANGE. 112-24. NO CHANGE. Article IV. Depositing Snow, Ice and Other Materials in Public Right-of-Way 112-25. NO CHANGE. 112-26. NO CHANGE. 112-27. NO CHANGE 11
SECTION II - CHAPTER 132 ZONING, of the Ordinances of Kingwood Township, ARTICLE X, Zoning Board of Adjustment, 132-131 Powers and duties is hereby amended and supplemented, as follows: 132-131. Powers and duties. A. The Board of Adjustment shall have the power to: (1) (4) NO CHANGE. (5) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Kingwood Township Road Supervisor or Township Engineer based on or made in the enforcement of Chapter 112, Article II. Driveway Construction. Driveway construction appeals shall be processed in accordance with 112-22. B. C. NO CHANGE. SECTION III - All other provisions of Chapter 112 Streets and Sidewalks and Chapter 132 Zoning, of the Ordinances of Kingwood Township not modified herein shall remain unchanged and in full force and effect. SECTION IV - If the provisions of any article, section, subsection, paragraph, subdivision, clause or application of the Ordinance shall be judged invalid by any Court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any such article, section, subsection, paragraph, subdivision, clause or application, and to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION V - This ordinance may be renumbered for codification purposes. SECTION VI - This Ordinance shall take effect immediately upon final passage, publication according to law, and filing with the Hunterdon County Planning Board. 12