No driveway may be constructed or existing driveway altered within an existing or future municipal street or road right-of' way or connected thereto without first obtaining a driveway permit from the Township Engineer for driveways constructed pursuant to a land development approval of the Township of Berkeley Heights Planning Board or Board of Adjustment or the Road Foreman for all alteration to an existing driveway or the construction of a new driveway or an existing road for a lot that was not approved pursuant to a land development approval of the Township of Berkeley Heights Planning Board of Board of Adjustment The applicant shall pay the Township a fee of Thirty-five ($35 00) Dollars to cover the cost of review of the application and as a permit fee, plus Fifteen ($15 00) Dollars for each inspection required as determined by the Township.
All driveways shall conform to the existing pavement cross-section. All specifics and technicalities of construction shall conform to acceptable engineering standards.
All driveways constructed or modified within a municipal or road right-of-way or connected thereto shall be constructed so as to be perpendicular to the existing pavement or as approved by the Township Engineer or the Road Foreman. Any curved or angular approach of the driveway for esthetic or topographical reasons shall be accomplished outside of the municipal street or road right-of-way
All driveways constructed or modified within municipal streets or road right-of-ways or connected thereto shall have a minimum driving width of ten feet (may vary with local conditions) with a minimum radius of five feet (may vary with local conditions) each side as they touch the municipal paving or traveled way
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 shall be prevented from running onto the municipal street or road and silt shall be prevented from filling up gutters, catch basins, inlets. drains, or culverts.
All driveways shall be constructed so as not to unduly concentrate, transport. or serve as a drainage way for stormwater runoff from root's and/or adjacent land surfaces to the road drainage system.
All driveways within the municipal street or load right-of-way or connected thereto shall be constructed or altered 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 pavement and traveled way thereby creating a hump or uneven driving surface on the pavement or traveled way.
The construction of a properly-sized dish-type gutter will be permitted provided that the existing municipal water flow will not be blocked, altered, or changed in any manner unless otherwise approved by the Road Foreman or the Township Engineer.
The installation of a suitable size reinforced concrete pipe or culvert will be required in the event that the existing flow line or ditch cannot be crossed with a dish-type gutter. The size of the pipe or culvert shall be determined by a New Jersey licensed professional engineer. Where the construction of any driveway involves the bleak of existing curbing, the break in the curbing shall be restored at the borders of the driveway, in accordance with current Township detail specifications.
The Road Foreman and/or Township Engineer shall require the person applying for a driveway permit to submit plans in sufficient detail for them to adequately review The plan shall show as a minimum the following information:
A. A plot or site plan showing the driveway for at least fifty feet of its length and its relation to the municipal street or road.
B. A profile of the driveway showing existing and proposed centerline grades and elevations for at least fifty feet of its length.
C. A plan showing the type of storm drainage to be constructed at the driveway entrance to the municipal street or road, i e , dish-type gutter, pipe or culvert, size 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 known
Whenever any new driveway shall be intended to serve a building to be newly constructed o substantially altered, application for a driveway permit shall be made in conjunction with the application for a building permit for such building 'file construction official (or other designated official) shall withhold the issuance of such building permit until such driveway permit has been approved pursuant to this Section.
It shall be the duty of the applicant to properly guard the construction of a driveway regulated under this Section by erecting suitable barriers, warning signs, and lanterns, III accordance with the manual on uniform traffic control; and such applicant shall be liable for any neglect to safeguard the traveling public.
In the event construction or modification of a driveway shall be such as to be unrelated to any of the objectives of this Section (i.e . traffic safety, visibility, soil, or pavement erosion, drainage, etc), the Road Foreman or the Township Engineer may waive any or all of the above requirements, provided such waiver shall be consistent with the purpose and intent of this Article.
Any excavation or construction affecting the areas outside the right-of-way area shall be governed by the applicable provisions of Articles 20.1 et seq and 20.2 et seq. of this Part 20.
Appeals from decisions under this Article may be made to the Township Committee in writing within ten days from the date of such decision The appeal shall be a written notice to the Township Clerk. The appellant shall be entitled to a hearing before the Township Committee of the Township of Berkeley Heights within thirty days from the date of appeal The Township Committee may thereafter reverse, modify, or affirm the aforesaid decision.
The penalty provisions of Section 20.2.16 of Article 20.2 of this Part 20 shall apply to this Article 20 3.
FOOTNOTES
(a) combined side yards must total thirty (30) feet.
(b) May be seventy-five (75) feet with a three hundred (300) foot minimum setback in all yards.
(c) For structures along Springfield, Plainfield or Snyder Avenues: twelve (12) feet from the curb line or four (4) feet from the right-of-way line provided that there is sufficient area between the curb line and building line to create a tree planting and/or landscaping/lighting area of six (6) feet in width and a six (6) foot minimum width sidewalk.
(d) See Supplementary Table.
(e) For two (2) story buildings ten (10) feet; for each additional story an additional ten (10) feet.
(f) May be forty-eight (48) feet for clock tower or corner architectural element at location shown on the Urban Design Plan and in accordance with Section 7.1.5.C 3
(g) From the Springfield Avenue Right-of-way twenty (20) feet and fifteen (15) feet from all other rights-of-way.
(h) For buildings up to one and one half (1 1/2) stories twenty (20) feet combined with one minimum yard of twelve (12) feet; for buildings ever one and one half (1 1/2) stories and not over two and one half (2 1/2) stories thirty (30) feet combined with one minimum yard of fourteen (14) feet, for buildings over two and one half (2 1/2) stories forty (40) feet combined with one minimum yard of twenty-four (24) feet.
(i) From the Springfield Avenue Right-of-Way twelve (12) feet and ten (10) feet from all other rights-of-way.
(j) For buildings up to one and one half (1 1/2) stories fifteen (15) feet combined with one minimum yard Of ten (10) feet; for buildings over one and one half (1 1/2) half stories and not over two and one half (2 1/2) stories eighteen (18) feet combined with one minimum yard of ten (10) feet; for buildings over two and one half (2 1/2) stories twenty-five (25) feet combined with one minimum yard of fifteen (15) feet.
(k) From Springfield, Plainfield or Snyder Avenues thirty-five (35) feet or the average setback of existing buildings on the sane side of the street in the sane block; twenty-five (25) feet in all other locations.
(l) See Supplementary Table.
(m) The side yard dimensions in the Supplementary Table may be reduced by not more than twenty-five (25) percent of the stated dimension for principal buildings.
(n) The rear yard dimensions in the Supplementary Table may be reduced by not more than twenty-five (25) percent of the stated dimension for principal buildings.
(o) May be Sixty-eight (66) feet for architectural height extensions in accordance with Section 7.1.5E.3.
(p) Must be forty (40) feet if two and one-half (2 1/2) stories or greater.
(q) May be ten (10) fee" if abutting non-residential use.
(r) From OL Zone ten (10) feet, From all other zones eighteen (18) feet if one and one-half (I 1/2) Stories or less, twenty-five (25) feet if greater than one and one-half (I 1/2) stories.
(s) May be thirty (30) feet if abutting OL Zone.
(t) May be five (5) feet from railroad right-of-way.
(u) Measured from internal roadway setback.
(v) The rear yard shall be a common rear yard for all units with an area adequate for the number of units abutting same in a generally triangular shame. This area shall be maintained as a common open space for the benefit of all adjacent properties.
Ordinance No. 26-95
Explanation: This Ordinance rezones certain lands in the Township bordered generally by Snyder Avenue, Woodruff School, the HB-2 Zone and Woodland Avenue from R-15 to HB-2.
Agenda Item #12
