Kearny City Zoning Code

§ 38-7.9

Driveway Construction.

[Ord. No. 2004-(O)-70 § 2; Ord. No. 2005-(O)-09 § 4]

This subsection shall be known as the Town of Kearny "Driveway Construction" Ordinance.

Purpose. The purpose of this subsection is to promote the public health, safety, and general welfare of the community, to further the safe and orderly layout of driveways that enter onto Town streets or roads.

Definitions. See subsection 38-2.2, Definitions.

Permit Required. No person or entity shall establish, construct, modify, or rework a driveway from a private property line to a public roadway without first filing a zoning permit application form and receiving a zoning permit from the Kearny Construction Code Enforcement Department.

Application Requirements and Procedures.

Application Form. Applications for zoning permits shall be made on a form approved by the Construction Code Official and are available at the Kearny Construction Code Enforcement Office.

Application Procedures. A completed zoning application form shall be filed with the Construction Code Enforcement Department along with the required application fee and attachments, including the following:

A scale drawing of the property parcel, to include all buildings or structures existing and any proposed buildings or structures the applicant intends to add to the parcel. The drawing shall include the proposed or existing driveway location. Distances from the existing property lines to the centerline of the driveway shall be dimensioned to establish the driveway location. The width of the driveway at the edge of the roadway will be dimensioned, and the proposed driveway slope shall be provided.

A copy of a Hudson/Essex County Soils Conservation District approval, if applicable.

Application Review. The Construction Code Official shall review the completed application and shall approve or deny stating reasons for any denial.

Permit Period. The zoning permit shall be effective for 12 months from the date of issuance. If the driveway is not completed within the permit period, the permit is deemed expired and a new application must be submitted for approval.

Driveway Inspection. The applicant shall notify the Construction Code Enforcement Office within five working days from the completion of construction or improvement of the driveway. The Building Inspector shall conduct an inspection of the driveway to ensure full compliance with all provisions of this section and terms of the permit.

Building Permits. The Building Inspector shall determine whether the driveway must be completed prior to commencing construction of any buildings or structures on the parcel and may condition any building permit on completion of the driveway for the following reasons:

Construction activities are reasonably likely to cause the tracking of soil, gravel vegetation or other material onto the public street or roadway.

Construction of the driveway is necessary to allow for the safe and efficient access of construction vehicles entering or leaving the construction site.

Application Fee. The fee for each zoning permit shall be $25 plus a $50 inspection fee. There shall be no inspection fee required for the resurfacing or patching of a lawfully existing driveway with the same or similar material as currently exists, providing that there is no expansion of the driveway area and that the existing curb cut remains unchanged.

Town Authority Preserved. The Town of Kearny, notwithstanding the issuance of any permit under this subsection or construction of any driveway, reserves the right to make any changes, additions, repairs or relocation of any part of a driveway within the dedicated right of way at any time, including but not limited to, in connection with the relocation, construction, widening and maintaining the street or road or right of way, without compensating the owner of such private driveway of the damages to or destruction of such private driveway.

Driveway Location, Design and Construction Requirements.

General Requirements. The location, design and construction of driveways shall be in accordance with the following:

General Design. Driveways shall not provide direct ingress or egress to or from any street intersection, and shall not encroach upon or occupy areas of the street right-of-way required for effective traffic control. A driveway shall be located a minimum of 40 feet from the intersecting centerlines of streets or roadways, or a maximum distance from the intersecting centerlines to the driveway that can be achieved to provide access to an existing lot. A driveway shall be so located and constructed that vehicles approaching or using it shall have adequate sight distance along the street or road. Driveway approaches shall be at least 10 feet apart and shall be placed wherever possible as not to interfere with utilities in place.

Number. Not more than one driveway shall be permitted to serve an individual residential property. Preexisting commercial or light industrial uses situated within any residential zone shall be limited to not more than one driveway. No two adjoining parcels shall be served by two or more driveways on adjoining properties, which share a single access point onto a Town street or road.

Drainage. The surface of the driveway connecting with the street or road shall be sloped to preclude an extraordinary or inordinate amount of surface water drainage from flowing onto the street or roadbed. No driveway apron shall extend out into the street or road further than the edge of the street or road or face of the curb. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of the street or road or any existing structure in the right-of-way.

Relocation of Utilities. Any costs of relocating utility structure or facilities shall be the responsibility of the property owner.

Removal of Trees Prohibited. No existing trees within the right-of-way shall be altered, removed or otherwise damaged to accommodate the location of any driveway.

Variances. The Zoning Board of Adjustment may vary any of the above requirements where the peculiar nature of the property or the design of the street or road may make the rigid adherence to the above requirements impossible or impracticable.

Special Requirements for Residential Driveways.

Width of driveway. A residential driveway shall be no greater than:

For a one-family dwelling 10 feet wide.

For a two-dwelling 14 feet wide.

At the edge of the pavement of the street/road or curbline. In all R-1 Zones, the width limitation at the edge of the pavement of the street/road or curbline as provided herein shall not be exceeded for the entire length of that portion of the driveway located between the street/road or curbline and the front line of the principal structure or dwelling.

Angular placement prohibited. The centerline of the driveway between the property line and the curb must be at a right angle to the edge of the pavement of the street or roadway or curbline of the lot it serves. The centerline of the driveway may not be parallel to the propertyline of the lot it serves. The Construction Code Official may grant special permission for a driveway to be at an angle other than a right angle to the street, only if the owner demonstrates a legitimate need and there exists no reasonable alternative to safe ingress and egress to or from the property or to preserve existing mature tree growth on the lot or within the row. Preexisting, nonconforming driveways, lawfully existing at the time of adoption of paragraph e,2(b) Angular placement, of this subsection[1] may be continued upon the lot of the building or structure served by said driveway unless the nonconformity is abandoned for a period of one year or more.

Editor's Note: Ordinance No. 2004-(O)-70, codified herein as subsection 38-7.9 was adopted December 7, 2004.

Prohibited Driveways.

No driveway shall be located within the sight triangle. At roadway intersections a driveway shall not provide direct ingress or egress to or from the roadway intersection area and shall not occupy areas of the roadway deemed necessary by the Town for effective traffic control.

Joint or common driveways serving two separate adjoining parcels or properties by way of a single access point in a street or road shall be prohibited.

Construction/Reconstruction of Curbs. When construction of a driveway requires the removal of a curb the same shall be replaced and restored with equivalent acceptable material per Town standards. (See Chapter 23, Sections 23-17 and 23-18 of these Revised General Ordinances). Curb returns shall be provided or restored in a neat and acceptable manner.

Maintenance Responsibility. The property owner is responsible for maintaining the driveway approach in such a manner necessary to permit free and unobstructed flow of water. The Town of Kearny does not assume any responsibility for repair or replacement of concrete or decorative pavement, decorative endwalls/headwalls, the removal or clearance of snow and/or ice, upon any portion of a driveway within the Town of Kearny right-of-way.

Enforcement. The Construction Code Enforcement Department may post a stop-work order if a driveway or other permitted construction or any part thereof is being installed contrary to the terms of this subsection or without a permit.

Penalties. Any person who constructs or modifies any driveway without a permit as required by this subsection shall be subject to a fine of $250, plus all applicable assessments, surcharges and court costs. Any person who shall construct or modify a driveway in violation of any other provision of this subsection, shall, unless the violation is corrected within 30 days of the date of the written notice from the Construction Code Enforcement Department, be subject to the penalties as provided for in Chapter 1, Section 1-5, plus all applicable assessments, surcharges and court costs. Each day that any violation continues shall constitute a separate offense. An unlawful driveway constitutes a public nuisance and may be subject to abatement by any applicable procedure.

Kearny City Zoning Code

§ 38-7.9

Driveway Construction.

[Ord. No. 2004-(O)-70 § 2; Ord. No. 2005-(O)-09 § 4]

This subsection shall be known as the Town of Kearny "Driveway Construction" Ordinance.

Purpose. The purpose of this subsection is to promote the public health, safety, and general welfare of the community, to further the safe and orderly layout of driveways that enter onto Town streets or roads.

Definitions. See subsection 38-2.2, Definitions.

Permit Required. No person or entity shall establish, construct, modify, or rework a driveway from a private property line to a public roadway without first filing a zoning permit application form and receiving a zoning permit from the Kearny Construction Code Enforcement Department.

Application Requirements and Procedures.

Application Form. Applications for zoning permits shall be made on a form approved by the Construction Code Official and are available at the Kearny Construction Code Enforcement Office.

Application Procedures. A completed zoning application form shall be filed with the Construction Code Enforcement Department along with the required application fee and attachments, including the following:

A scale drawing of the property parcel, to include all buildings or structures existing and any proposed buildings or structures the applicant intends to add to the parcel. The drawing shall include the proposed or existing driveway location. Distances from the existing property lines to the centerline of the driveway shall be dimensioned to establish the driveway location. The width of the driveway at the edge of the roadway will be dimensioned, and the proposed driveway slope shall be provided.

A copy of a Hudson/Essex County Soils Conservation District approval, if applicable.

Application Review. The Construction Code Official shall review the completed application and shall approve or deny stating reasons for any denial.

Permit Period. The zoning permit shall be effective for 12 months from the date of issuance. If the driveway is not completed within the permit period, the permit is deemed expired and a new application must be submitted for approval.

Driveway Inspection. The applicant shall notify the Construction Code Enforcement Office within five working days from the completion of construction or improvement of the driveway. The Building Inspector shall conduct an inspection of the driveway to ensure full compliance with all provisions of this section and terms of the permit.

Building Permits. The Building Inspector shall determine whether the driveway must be completed prior to commencing construction of any buildings or structures on the parcel and may condition any building permit on completion of the driveway for the following reasons:

Construction activities are reasonably likely to cause the tracking of soil, gravel vegetation or other material onto the public street or roadway.

Construction of the driveway is necessary to allow for the safe and efficient access of construction vehicles entering or leaving the construction site.

Application Fee. The fee for each zoning permit shall be $25 plus a $50 inspection fee. There shall be no inspection fee required for the resurfacing or patching of a lawfully existing driveway with the same or similar material as currently exists, providing that there is no expansion of the driveway area and that the existing curb cut remains unchanged.

Town Authority Preserved. The Town of Kearny, notwithstanding the issuance of any permit under this subsection or construction of any driveway, reserves the right to make any changes, additions, repairs or relocation of any part of a driveway within the dedicated right of way at any time, including but not limited to, in connection with the relocation, construction, widening and maintaining the street or road or right of way, without compensating the owner of such private driveway of the damages to or destruction of such private driveway.

Driveway Location, Design and Construction Requirements.

General Requirements. The location, design and construction of driveways shall be in accordance with the following:

General Design. Driveways shall not provide direct ingress or egress to or from any street intersection, and shall not encroach upon or occupy areas of the street right-of-way required for effective traffic control. A driveway shall be located a minimum of 40 feet from the intersecting centerlines of streets or roadways, or a maximum distance from the intersecting centerlines to the driveway that can be achieved to provide access to an existing lot. A driveway shall be so located and constructed that vehicles approaching or using it shall have adequate sight distance along the street or road. Driveway approaches shall be at least 10 feet apart and shall be placed wherever possible as not to interfere with utilities in place.

Number. Not more than one driveway shall be permitted to serve an individual residential property. Preexisting commercial or light industrial uses situated within any residential zone shall be limited to not more than one driveway. No two adjoining parcels shall be served by two or more driveways on adjoining properties, which share a single access point onto a Town street or road.

Drainage. The surface of the driveway connecting with the street or road shall be sloped to preclude an extraordinary or inordinate amount of surface water drainage from flowing onto the street or roadbed. No driveway apron shall extend out into the street or road further than the edge of the street or road or face of the curb. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of the street or road or any existing structure in the right-of-way.

Relocation of Utilities. Any costs of relocating utility structure or facilities shall be the responsibility of the property owner.

Removal of Trees Prohibited. No existing trees within the right-of-way shall be altered, removed or otherwise damaged to accommodate the location of any driveway.

Variances. The Zoning Board of Adjustment may vary any of the above requirements where the peculiar nature of the property or the design of the street or road may make the rigid adherence to the above requirements impossible or impracticable.

Special Requirements for Residential Driveways.

Width of driveway. A residential driveway shall be no greater than:

For a one-family dwelling 10 feet wide.

For a two-dwelling 14 feet wide.

At the edge of the pavement of the street/road or curbline. In all R-1 Zones, the width limitation at the edge of the pavement of the street/road or curbline as provided herein shall not be exceeded for the entire length of that portion of the driveway located between the street/road or curbline and the front line of the principal structure or dwelling.

Angular placement prohibited. The centerline of the driveway between the property line and the curb must be at a right angle to the edge of the pavement of the street or roadway or curbline of the lot it serves. The centerline of the driveway may not be parallel to the propertyline of the lot it serves. The Construction Code Official may grant special permission for a driveway to be at an angle other than a right angle to the street, only if the owner demonstrates a legitimate need and there exists no reasonable alternative to safe ingress and egress to or from the property or to preserve existing mature tree growth on the lot or within the row. Preexisting, nonconforming driveways, lawfully existing at the time of adoption of paragraph e,2(b) Angular placement, of this subsection[1] may be continued upon the lot of the building or structure served by said driveway unless the nonconformity is abandoned for a period of one year or more.

Editor's Note: Ordinance No. 2004-(O)-70, codified herein as subsection 38-7.9 was adopted December 7, 2004.

Prohibited Driveways.

No driveway shall be located within the sight triangle. At roadway intersections a driveway shall not provide direct ingress or egress to or from the roadway intersection area and shall not occupy areas of the roadway deemed necessary by the Town for effective traffic control.

Joint or common driveways serving two separate adjoining parcels or properties by way of a single access point in a street or road shall be prohibited.

Construction/Reconstruction of Curbs. When construction of a driveway requires the removal of a curb the same shall be replaced and restored with equivalent acceptable material per Town standards. (See Chapter 23, Sections 23-17 and 23-18 of these Revised General Ordinances). Curb returns shall be provided or restored in a neat and acceptable manner.

Maintenance Responsibility. The property owner is responsible for maintaining the driveway approach in such a manner necessary to permit free and unobstructed flow of water. The Town of Kearny does not assume any responsibility for repair or replacement of concrete or decorative pavement, decorative endwalls/headwalls, the removal or clearance of snow and/or ice, upon any portion of a driveway within the Town of Kearny right-of-way.

Enforcement. The Construction Code Enforcement Department may post a stop-work order if a driveway or other permitted construction or any part thereof is being installed contrary to the terms of this subsection or without a permit.

Penalties. Any person who constructs or modifies any driveway without a permit as required by this subsection shall be subject to a fine of $250, plus all applicable assessments, surcharges and court costs. Any person who shall construct or modify a driveway in violation of any other provision of this subsection, shall, unless the violation is corrected within 30 days of the date of the written notice from the Construction Code Enforcement Department, be subject to the penalties as provided for in Chapter 1, Section 1-5, plus all applicable assessments, surcharges and court costs. Each day that any violation continues shall constitute a separate offense. An unlawful driveway constitutes a public nuisance and may be subject to abatement by any applicable procedure.