Borough of Totowa, NJ
Passaic County
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Table of Contents
Table of Contents
A. 
All improvements shall be installed in accordance with the standards of this chapter and with other applicable Borough, county, state and federal regulations. Where specific standards are not given, such improvements shall be designed and constructed in accordance with good engineering practice and recognized design standards, after review and approval of such by the Borough Engineer.
B. 
All site plan and subdivision plats shall conform to design standards that will encourage good development patterns in the Borough. Where an Official Map and/or Master Plan have been adopted, the subdivision or site plan shall conform thereto. Where the Master Plan or Official Map is mute or does not exist, development shall be designed to promote good planning and enhance the safety and public welfare of the Borough.
A. 
The provisions of the zoning regulations[1] with respect to height, minimum lot area, yard requirements and the like shall be complied with.
[1]
Editor's Note: See Part 4, Zoning, of this chapter.
B. 
The design or construction of any building or use should be consistent with the character of the neighborhood.
C. 
Exterior design and appearance.
[Amended 2-24-1998 by Ord. No. 3-98]
(1) 
Any site plan involving a new building, an addition to an existing building or a change in the exterior design or appearance of an existing building shall be reviewed and approved by the Planning Board. In reviewing said plans, the Board shall be guided by the following objectives:
(a) 
To promote good quality of design and attractive appearance of property.
(b) 
To preserve and enhance natural features and material environment.
(c) 
To contribute to the amenities and attractiveness of an area so as to maintain and improve the economic value and stability of property.
(d) 
To encourage the most appropriate use and development of the property and adjacent properties.
(2) 
The following standards shall be utilized by the Planning Board in reviewing all site plans. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans, as well as a method of review by the Board. These standards shall not be regarded as inflexible requirements nor are they intended to discourage creativity, invention and innovation. The specification of one or more particular architectural styles is not included in these standards. The standards are as follows:
(a) 
Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable and where desirable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas. Landscape treatment that is appropriate to the area and the terrain and which will enhance the overall appearance of the site shall be employed.
(b) 
Relation of proposed buildings to environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. Such relationship shall be achieved by:
[1] 
Architectural design which is harmonious with the character of existing development.
[2] 
The use of exterior colors, facade, texture or roof materials or the combination of colors and materials that are harmonious to the surrounding area. Samples must be submitted with site plan applications and are subject to final approval by the Planning Board and Board of Adjustment.
[Amended 11-9-2004 by Ord. No. 13-2004]
[3] 
The relationship of design features, such as height and mass, building proportions, roof lines, building projections and ornamental features, that will create a coordinated and harmonious appearance.
(c) 
Design of building walls. All four sides of a building should contribute to the architectural unity of the building. The use of large unbroken masses is discouraged. All walls are to be constructed of durable material requiring low maintenance. Desirable material such as brick, stone, glass, precast concrete and wood, when properly treated, are encouraged. Where durability and performance are questionable, the applicant may be asked to provide a manufacturer's guaranty or proof of durability from an independent testing laboratory certification. The use of exposed concrete block is prohibited, unless the same is textured. Metal siding should not be used to such an extent that it will be a dominant architectural feature. In addition, metal siding with exposed fastenings shall not be allowed.
(3) 
Exterior materials. Within the B-2 Local Business District, B-4 Corporate Business District, B-5 Professional Business District, B-6 Restricted Commercial District and for all nonresidential uses along Totowa Road one or a combination of the following exterior materials shall be utilized on the front and side facades of all new buildings and additions:
[Added 5-13-2014 by Ord. No. 06-2014]
(a) 
Natural stone.
(b) 
Brick.
(c) 
Glass.
(d) 
Granite.
(4) 
Transparency.
[Added 5-13-2014 by Ord. No. 06-2014]
(a) 
All ground floor uses shall have large pane display windows on the street frontage. Such windows shall be framed by the surrounding wall and shall be a minimum of 50% of the total ground level facade area.
[1] 
The ground level facade area shall be defined as the area bounded by the side edges of the building and the plane coincident with the internal floor of the building and the internal ceiling of the building.
[2] 
Transparent doors may be counted in the minimum transparency calculation. Glass blocks do not count and are prohibited along the street-facing facade.
[a] 
Transoms above display windows are encouraged.
[b] 
Windows shall be vertically proportioned (taller than wider) where possible.
[c] 
Ground floor windowsills shall be not more than three feet above the ground level.
D. 
Accessory structures shall meet the following standards:
(1) 
No accessory structure in any district shall be located in any required front or side yard.
(2) 
An accessory structure shall be permitted in any required rear yard subject to the following regulations:
(a) 
The aggregate ground area covered by any accessory structure in any rear yard, including the ground area covered by any projections other than cornices and eaves, shall not exceed 15% of the rear yard area in any residence district or 50% of the rear yard area in any business or industrial district.
(b) 
No accessory structure within any residence district shall be more than one story high with a maximum height of 16 feet above grade level. No accessory structure in a business district shall be more than one story high with a maximum height of 24 feet.
[Amended 2-27-2007 by Ord. No. 04-2007]
(c) 
Corner lot yards. On a corner lot in any residence district, an accessory structure shall be located not less than 25 feet from the side street line. When the rear of a corner lot abuts a lot facing on the side street, an accessory structure shall not be nearer the rear line of the lot on which it is erected than the distance required for side yard widths in that district.
(d) 
Minimum rear yard requirements for accessory structures in a residential zone shall be two feet; in a commercial or industrial zone, it shall be 1/2 the yard requirements for principal buildings.
A. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning regulations and to provide for convenient access, circulation control and safety of street traffic. Block lengths generally shall not be less than 400 feet nor more than 1,000 feet in length.
B. 
Pedestrian crosswalks may be required in blocks in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street.
C. 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
A. 
Design standards. Where required, buffers may include evergreen and deciduous trees and shrubs, fences, walls, berms or any combination which will provide a visual separation and screening. Landscaping of required buffers and screens shall take into account the opportunities presented by existing site features and shall be compatible in scale and character with the surrounding prevailing landscape and project features and designed as part of the overall landscaping plan. The required buffer area shall be kept in its natural state where wooded, and, where natural vegetation is sparse or nonexistent, the area shall be planted to provide a year-round natural screen, in accordance with a landscaping plan to be approved by the Board.
B. 
Residential. Buffers shall be provided for residential tracts fronting on arterial and collector streets, on the perimeter of all R-AH Zone Districts and on the perimeter of all tracts of nonresidential uses abutting residential zones or uses.
C. 
Nonresidential.
(1) 
Where the rear or side line of a lot within an industrial district is contiguous to a lot or lots within a residential district, the area within the minimum side and rear yard dimensions, as provided in the Area and Bulk Schedule for Industrial Districts,[1] shall not be utilized for roadway, parking or other accessory structures and buildings. Such contiguous yards shall contain a buffer providing year-round screening of the industrial area from the residential area to be approved by the Planning Board at preliminary site plan approval.
[1]
Editor's Note: The Area and Bulk Schedule for Industrial Districts is located at the end of this chapter.
(2) 
For lots on Union Boulevard which are in the B-2 District and are contiguous to a lot or lots in a residential district, both the rear and side yard for the area contiguous to the residential lot or lots shall contain a minimum three-foot buffer designed to screen the business use from the residential area.
(3) 
Where the rear or side line of a lot or lots to be used as a shopping center abut a residential district, a twenty-foot buffer shall be maintained contiguous to the residential lot or lots.
D. 
Trimming and removal of trees and other growth.
[Added 5-22-2001 by Ord. No. 10-2001]
(1) 
Removal maintenance. The removal of trees and ground cover is forbidden except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage a more desirable growth; and pruning to maintain the height of trees at their intended height. In areas of steep slopes, trees shall never be cut to a height less than 20 vertical feet measured from the adjacent ground at the high side of the slope. This height must be maintained level across the slope.
(2) 
Permit required. No person shall remove, trim or prune any tree or other growth located within a buffer without first having applied for permission from the Borough. The application for the permit shall be made in writing to the Zoning Officer and shall be signed by the person making the request or by their duly authorized agent and shall include a description of the work to be accomplished.
(3) 
Inspection. No work shall be undertaken until the Zoning Officer has inspected the site and authorized the removing, trimming or pruning of any tree and/or other growth. The applicant shall also notify the Zoning Officer when the work had been completed and the Zoning Officer will inspect the site to insure compliance with the requirements set forth in Subsection A.
(4) 
Right of entry for inspection. For the purpose of administering and enforcing the provisions of this chapter, any duly authorized officer, agent or employee of the Borough shall have the right to enter into and upon the lands which said buffer maintenance is being conducted in order to examine and inspect such lands and the operations therein.
(5) 
Permit fee. Upon filing the application, the applicant shall pay a permit fee in the amount of $25.
A. 
Curbing shall be required on both sides of all new streets and along the tract frontage of existing streets.
B. 
Curbs shall be constructed in accordance with New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction ("the Blue Book"), most current edition.
A. 
All entrance and exit driveways to public streets shall be located to afford maximum safety to traffic on the public streets.
B. 
Whenever possible, any driveway location shall be so designed with regard to profile, grading and location to permit the following recommended sight distance measured in each direction along the public street. The measurement shall be from the existing driveway immediately outside of the right-of-way line.
Allowable Speed on Municipal Street
(miles per hour)
Required Sight Distance
(feet)
25
150
30
200
35
250
40
300
45
350
50
400
C. 
The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated on site.
(1) 
Driveway dimensions. The required maximum and minimum dimensions for driveways are indicated in the following table:
Driveway Width
(feet)
One-Way Operation
Two-Way Operation
Residential
10
18
Commercial and Industrial
14 to 34
20 to 36
(a) 
Driveways serving large volumes of traffic shall be required to utilize high to maximum dimensions.
(b) 
Driveways serving low traffic volumes shall be permitted to use low to minimum dimensions.
(2) 
Number of driveways: The number of driveways provided from a site directly to any one municipal street shall be recommended as follows:
Length of Site Frontage
(feet)
Recommended Number of Driveways
100 or less
1
More than 100 to 800
2
Over 800
To be specified by Planning Board upon advice of the Borough Engineer
(3) 
For residential driveways, only one driveway shall be permitted for each lot or building.
[Added 5-9-2006 by Ord. No. 08-2006]
D. 
For driveways, pavement shall consist of one of the following to be measured at a compacted depth:
[Amended 5-9-2006 by Ord. No. 08-2006]
(1) 
Nonresidential driveways shall consist of four inches asphalt concrete with 1 1/2 inches of asphalt concrete surface.
(2) 
Residential driveways shall consist of four inches dense graded aggregate with two inches of asphalt concrete surface.
(3) 
Other as approved by the approving agency.
A. 
Drainage easements.
(1) 
Where a proposed development includes a drainage facility of any kind, including a pipe, channel, stream, swale or basin, a drainage easement may be required encompassing such facility.
(2) 
All such easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines of the final plan shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.
(3) 
Said easement shall include provisions assuring the following:
(a) 
Preservation of the channel of the watercourse.
(b) 
Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.
(c) 
Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.
(d) 
Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and of installing and maintaining a storm or sanitary sewer system or other public utility.
B. 
Conservation easement.
(1) 
Conservation easements may be required along drainage and stormwater rights-of-way in the development and may be required also for ponds, marshes, swamps and streams or other watercourses or other natural features for which preservation is desirable.
(2) 
All such easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines of the final plan shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.
(3) 
Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage a more desirable growth; removal of trees to allow for structures designed to impound water; removal of trees in areas to be flooded for the creation of ponds or lakes; and to prohibit filling or grading of the lands or the disposal of refuse or waste material of any type within the limits of the easement.
C. 
Sight triangle easements.
(1) 
In addition to right-of-way widths required for the full design of all streets and intersections, sight triangle easements shall be required on all corners at all street intersections.
(2) 
Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures more than 30 inches but less than eight feet in height that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight.
(3) 
Such easements shall include the area of each street corner that is bounded by the right-of-way lines and a straight line connecting points on each right-of-way line 50 feet from the intersection of the right-of-way lines with points on the intersecting right-of-way line, which points are the following distances from the intersection of the right-of-way lines (or of their prolongations):
(a) 
On local streets: 50 feet.
(b) 
On collector streets: 100 feet.
(c) 
On arterial streets: 200 feet.
(4) 
Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Passaic, the sight triangle easements required by the state or the county may be substituted in lieu of the requirements above.
The space in any required yard shall be open and unobstructed except as follows:
A. 
Ordinary projections of windowsills, belt courses, cornices, eaves and other such architectural features shall be permitted to encroach without limitations.
B. 
An arbor, open trellis, flagpole, unroofed steps, recreation and clothes-drying equipment shall be permitted to encroach without limitations.
C. 
No awning, movable canopy or roofed steps, open or roofed porches or decks shall be permitted to project into any required yard, except in residential zones where an encroachment of not more than six feet shall be permitted. Roofed steps, porches or decks shall not be enclosed.
[Amended 1-23-2001 by Ord. No. 03-2001; 5-13-2014 by Ord. No. 06-2014]
A. 
No fence hereinafter erected, altered or reconstructed in any residential zone shall exceed three feet in height above ground level when located within 25 feet of any street line or more than six feet in height above ground level when located more than 25 feet from the street line.
B. 
No fence hereafter erected, altered or reconstructed in any business zone shall exceed a height of six feet above ground level, except as noted in Subsection A above.
C. 
No fence hereafter erected, altered or reconstructed in any industrial zone shall exceed a height of eight feet above ground level, except as noted in Subsection A above.
D. 
The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence, not exceeding eight feet in height above ground level, anywhere within a public park, public playground or public school premises. All of the above restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that such wall does not exceed the height set forth for fences, such heights to be measured from the ground level of the highest adjacent grade.
E. 
The use of barbed wire, or wire on which barbs or points are strung or fastened, is prohibited, except in an industrial zone.
F. 
The use of canvas or cloth for fences is prohibited.
G. 
All fences must be erected within the property lines, and no fence shall be erected to encroach on any public right-of-way.
H. 
All fences shall be maintained in a safe, sound and upright condition.
I. 
If the Construction Code Official, upon inspection, determines that any fence or portion of any fence has not been or is not being constructed or maintained in compliance with the above restrictions, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence or portions of such fence to be repaired or removed within 15 days from the date of the written notice.
J. 
All wood fences shall be installed with the best or finished side facing street lines or municipal rights-of-way or public thoroughfares.
[Added 2-13-2001 by Ord. No. 04-2001]
K. 
All chain link fences shall be installed with the wire mesh hung on the outside of the frame work.
[Added 2-13-2001 by Ord. No. 04-2001]
L. 
Houses located on corner lots shall be deemed to have one front yard for the purpose of installing a fence. The fence erected in the side yard facing the street shall be permitted to be six feet in height, however, it shall not extend beyond the rear setback of the house. The fence must be located three feet behind the property line and cannot obstruct the sight triangle at intersections or driveways. The fence may be constructed of wood, vinyl or similar materials. Chain link fences are not permitted in this area. For this chapter, the front yard shall be the side where the front entrance of the home is located or as determined by the Building Inspector.
[Added 5-13-2014 by Ord. No. 06-2014]
A. 
Soil removal. Soil removal shall be in accordance with provisions of Chapter 336, Soil Removal and Grading, of the Code of the Borough of Totowa.
(1) 
All development plans shall include a grading plan which provides for a minimum amount of soil to be removed from or brought to the site.
(2) 
No topsoil shall be removed from any lot or lots unless certified as excess [more than four inches] in writing by the Borough Engineer. All topsoil so removed shall be placed elsewhere within the Borough.
B. 
Grading.
(1) 
All graded or stripped areas shall be stabilized by a minimum of four inches of topsoil and seeding or other landscaping. Exposed rock may be left in its natural state if it can be demonstrated that the rock face will remain stable.
(2) 
All areas shown on the plan shall be graded to ensure that surface water flow is away from buildings and pedestrian walkways in accordance with the approved drainage plan.
(3) 
Surfaces shall be designed to reduce maintenance requirements and allow the cutting of grass and cleaning of drainage swales and ditches without special equipment.
(4) 
Wherever a change in final grade results in slopes in excess of two to one (other than a stable rock face) or wherever it is determined that slopes will not be stable or that erosion will occur, retaining walls shall be used which shall be of a permanent, maintenance-free design.
C. 
Residential lots. Prior to the issuance of a construction permit, detailed grading plans shall be provided for review by the Borough Engineer. No certificate of occupancy shall be issued until the Borough Engineer is satisfied that final grading has been completed in accordance with the detailed grading plans.
A. 
All areas not devoted to structures, paving or other required uses shall be appropriately graded, landscaped and maintained in accordance with a landscaping plan approved by the approval agency.
(1) 
In R-7 zones, the maximum impervious area shall not exceed 25% of the lot area. In R-20 and R-40 zones, the maximum impervious area shall not exceed 20%. Landscape features, other than grass, shall not exceed 1/2 of the pervious lawn area. Fifty percent of all pervious area within a lot must be lawn.
[Added 5-9-2006 by Ord. No. 08-2006]
(2) 
In residential zones, patios are not permitted within the front yard. A patio is defined as an exterior recreation area that adjoins a dwelling, is unroofed, is at ground elevation which at all points is less than three feet above the level of the ground, is an impervious surface, may contain furniture and can be adapted to outdoor dining.
[Added 5-9-2006 by Ord. No. 08-2006]
B. 
In residential zones, street trees of at least two- to two-and-one-half-inch caliper will be required, planted a distance on center equivalent to no more than the width of their mature diameter.
C. 
In nonresidential zones:
(1) 
Landscape plans shall specify the location of the planting material, their minimum size at time of planting and size at full growth, quantity, variety, species (common name) and method of planting.
(2) 
A minimum of 10% of the area of the site devoted to parking shall be landscaped.
A. 
Drives, aisles and parking areas shall be adequately lighted whenever open to the public.
B. 
Provisions shall be made for reduction in the intensity of illumination to the minimum need for security purposes when the facility is not in operation.
C. 
All lights shall be focused downward so that the direct source of light is not visible from adjoining streets or properties.
D. 
The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere and shall average a minimum of 0.5 footcandle over the entire area.
E. 
The light intensity anywhere shall not exceed 0.5 footcandle along any property line or three-tenths footcandle if a residential property line.
F. 
The style of any light or light standard shall be consistent with the architectural style of the principal building.
G. 
Freestanding lights shall be protected to avoid being damaged by vehicles.
H. 
Lighting of buildings, merchandise, recreation areas, display or sales areas, parking, signs, commercial service or storage areas or other like areas shall be of a nonflashing type. Intermittent lighting or lighting of varying intensity shall be prohibited. Where incandescent, spot or other glare- or beam-producing lights are used, such lights shall be shielded in a manner such that no direct light or glare is visible beyond the property lines or from any public accessway.
I. 
Searchlights used with the purpose of attracting attention shall be prohibited.
J. 
No artificial light or reflecting device connected or used with a sign or otherwise shall be located or displayed where such light interferes with, competes for attention with or may be mistaken for a traffic signal or may divert the attention of operators of motor vehicles or otherwise create traffic hazards.
A. 
Dimensions. Lot dimensions and area shall be not less than the requirements of the zoning regulations.[1]
[1]
Editor's Note: See Part 4, Zoning, of this chapter.
B. 
Side lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C. 
Frontage. Each lot must front upon an approved street with a right-of-way at least 50 feet.
D. 
Setbacks. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line.
E. 
Suitability. All lots shall be suitable for their intended uses and, where necessary, increased in size to compensate for conditions, such as steep slopes, rock formations and flood conditions. Where there is a question as to the suitability of a lot or lots for the intended use, the Planning Board may, after adequate investigation, withhold approval of such lots.
A. 
Off-street loading and unloading facilities shall be provided for each nonresidential establishment, such that service and delivery vehicles will not interfere with ingress, egress, parking of other vehicles or fire zones.
B. 
No loading or delivery area will be permitted on any street frontage.
C. 
All loading areas shall be paved using the same construction specifications as for parking areas.
A. 
In conjunction with any principal building hereafter erected or any use of land hereafter established, there shall be provided on the same lot therewith sufficient parking spaces to meet the minimum standards specified herein.
(1) 
These parking spaces are intended for and shall be for the sole and exclusive use of the occupants of the building.
[Added 10-22-2013 by Ord. No. 16-2013]
B. 
The development plan shall show the total number of off-street parking spaces required for the use or combination of uses indicated in the application. Where shared parking for uses with different peak parking demands results in a documented need for fewer spaces than the sum of the individual requirements, the Board may allow the construction of the lesser number of spaces, provided that the site plan shows the reserved space for the required number.
C. 
Residential zones and uses.
(1) 
For each dwelling unit, two off-street parking spaces shall be provided. All off-street parking spaces shall be confined to garages and approved parking areas and driveways.
[Amended 5-9-2006 by Ord. No. 08-2006]
(2) 
Permitted nonresidential uses in a dwelling unit shall provide additional parking at one space for every 100 square feet of floor area, or fraction thereof, of building area so used.
(3) 
Additional parking at one space for each guest room shall be provided where such use is allowed.
(4) 
In residential districts, no required parking space shall be located closer to a street line than the minimum depth of front yard required by this chapter, nor within two feet of a party lot line.
(5) 
No more than one garage shall be permitted on any residential lot, and the same shall not house more than three vehicles, except in the R-40 Zone, where garages may have one additional vehicle space for each area in excess of one.
(6) 
Only one of the vehicles within the garage or parked on the premises may be commercial, but it shall not exceed 6,000 pounds in weight, exclusive of load, and it shall not be a dump truck, tractor, diesel-operated vehicle, cement mixer or other heavy equipment such as a bulldozer, road repair equipment or excavation equipment.
(7) 
Permitted commercial vehicles must be parked within a garage or beyond the minimum front and side yards required by this chapter.
(8) 
No vehicle shall be parked off of the driveway nor on any lawn area or landscaped area of any residential lot or on any sidewalk.
[Added 5-9-2006 by Ord. No. 08-2006]
(9) 
No driveway or parking area shall be installed within the front or rear yard of any residential lot other than that which provides access to a garage or an approved parking area.
[Added 5-9-2006 by Ord. No. 08-2006]
(10) 
Private garages and other outbuildings; driveways.
[Added 5-9-2006 by Ord. No. 08-2006]
(a) 
R-7 Zone.
[1] 
No dwelling unit shall be erected unless equipped with a garage having not less than 240 square feet in floor area. Such garage may be attached to or built into the dwelling unit or separately constructed as an accessory structure as provided for in § 415-90D. Every dwelling unit hereafter constructed shall be provided with an improved driveway as provided in § 415-94.
[2] 
Where the private garage is attached to or part of the principle building, the accessory building area or coverage shall be reduced to 300 square feet or 15% of the rear yard area, whichever is less.
[3] 
No existing garage shall be reduced to less than the required 240 square feet.
[4] 
Nothing herein contained shall prevent the removal of an attached garage and the installation of a detached garage conforming to § 415-90D. However, only one garage shall be permitted per dwelling structure.
(b) 
R-20, R-20A and R-40 Zones.
[1] 
No dwelling unit shall be erected with less than a two-car garage having not less than 440 square feet in floor area.
[2] 
No existing garage shall be reduced to less than the requirements of Subsection C(10)(b)[1] above.
[3] 
All other requirements of R-7 zone shall apply.
D. 
Nonresidential zones and uses.
(1) 
All parking areas shall be paved and shall be suitably drained and maintained in good condition; all spaces and directional instructions shall be clearly marked and maintained so as to be clearly visible.
(2) 
No parking space or access thereto shall be allowed in the buffer zone required in § 415-92 above.
(3) 
No changes in use or intensity of use within a building shall be allowed unless it can be shown that sufficient parking is available for the new use on site as required by ordinance.
[Amended 3-10-2009 by Ord. No. 03-2009]
(4) 
For each use, handicapped parking shall be required in accordance with the most current Barrier-Free Design Regulations of the State of New Jersey.
(5) 
Parking lot pavement shall consist of one of the following, to be measured at a compacted depth:
(a) 
Three-inch bituminous stabilized base with one-and-one-half-inch FABC.
(b) 
Other as approved by the approving agency.
(6) 
Size of parking spaces; aisle width.
(a) 
In general, ninety-degree parking spaces shall be 10 feet wide by 18 feet long; and parallel parking spaces shall be eight feet wide by 21 feet long. Where long-term parking is proposed for uses such as office and industrial uses, ninety-degree stall widths may be reduced to nine feet.
(b) 
The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below. Only one-way traffic shall be permitted in aisles serving single-row parking spaces placed at an angle other than 90°.
Parking Angle
(degrees)
Aisle Width
(feet)
35
12
45
13
60
18
90
24
(7) 
Off-street parking standards.
Use
Number of Spaces
Assembly hall, community building or club lodge
1 for each 100 square feet of floor area
Business, commercial or personal service establishments, retail store
1 per 150 square feet of floor area
Shopping center
7 per 1,000 square feet of floor area
Restaurant
For seated dining area, 1 per each 3 seats; for areas servicing nonseated patrons, 20 per 1,000 square feet of floor area
Bar or nightclub
1 per each 2 patrons
Office
1 per 200 square feet of floor area
Hotel or motel
1 for each unit, plus as required for other facilities available
Hospital
2 per bed
Nursing home
0.5 per bed
Church or theater
1 per 3 seats
Recreational use
2 per each person accommodated in maximum play
Auto sales, furniture appliance or building material store
1 per 400 square feet of floor area
Auto service
1 per 100 square feet of floor area
Uses allowed in the industrial zone
Where not specified above, parking areas having sufficient capacities for employees, customers and commercial vehicles related to the activities on site shall be provided on the same lot as the building or structures they serve
[Amended 11-27-2001 by Ord. No. 17-2001]
A. 
Any item stored overnight, including but not limited to materials, trucks and/or equipment, shall be kept in a completely enclosed building or shall otherwise be screened by such walls, fences and landscaping as may be determined by the Planning Board to be adequate to appropriately screen such materials and equipment from outside the boundaries of the lot.
B. 
No items, including but not limited to merchandise, materials, trucks and/or equipment, shall be displayed or stored in front of any building or on any sidewalk within the Borough of Totowa.
A. 
Before any building permits or certificate of occupancy shall be issued for construction, use or occupancy in any industrial zone, satisfactory evidence shall be presented to the Board that the structure, use or occupancy shall comply with any applicable state and/or federal regulations relating to noise, vibration, smoke, fumes, dust odor or other form of air pollution, glare and heat, fire hazards and explosives, chemical and industrial waste, radioactivity, electromagnetic interference or other potentially objectionable condition. Such proof of compliance shall consist of a written statement of which agencies and regulations apply, what standards must be met, how these standards will be met and how continued compliance will be maintained and monitored. Where permits are required, the application for such permit and/or the issued permit shall be provided to the Board.
B. 
Whatever the applicable standard, the applicant shall prove to the Board that his development will not adversely impact or impair the use and enjoyment of adjacent properties.
A. 
Sidewalks shall be at least four feet wide and four inches thick except at points of vehicular crossing where they shall be at least six inches thick. At vehicular crossings, sidewalks shall be reinforced with welded wire fabric mesh or an equivalent.
B. 
Concrete sidewalks shall be Class C concrete, having a twenty-eight-day compressive strength of 4,500 pounds per square inch (psi). Other paving materials may be permitted depending on the design of the development.
C. 
Graded areas shall be planted with grass or treated with other suitable ground cover, and their width shall correspond to that of sidewalks.
A. 
Residential districts.
(1) 
The following signs shall be permitted:
(a) 
For residential uses, a nonilluminated nameplate sign located within the property lines and bearing only the name of the principal occupant and/or the street number of a private dwelling and not exceeding 72 square inches in total area.
(b) 
For allowed nonresidential uses, signs identifying a permitted professional office or home occupation. Such sign shall bear the name of the person residing on the premises and the profession or home occupation being conducted on the premises, shall be nonflashing, shall be situated within the setback lines of the premises it identifies and shall not exceed two square feet in size.
(c) 
Temporary signs pertaining to the lease or sale of the same lot or construction of the building on which such sign is placed, and signs advertising a permitted use in a residential zone, such as a clubhouse, public or quasi-public building or building used solely for nonprofit, church, school, hospital or other like purpose, but not including any activity of a business or commercial nature. Such sign shall be nonflashing, shall be situated within the setback lines of the premises to which it relates and shall not exceed six square feet in total area.
(2) 
Not more than one sign shall be permitted for each use or activity coming within the provisions of this section.
B. 
Business uses in the B-2, B-3, B-4, B-5 and B-6 Districts.
[Amended 12-11-2007 by Ord. No. 19-2007; 5-13-2014 by Ord. No. 06-2014]
(1) 
For other than business uses, the requirements of Subsection A shall apply, with the exception that a temporary sign shall not exceed 15 square feet.
(2) 
All buildings containing businesses and offices shall provide street address signage on the building.
(a) 
Street address signage may be placed on the facade or on the door.
(b) 
Street address numbers shall have a maximum height of 15 inches. In the B-3 District, street address numbers shall have a maximum height of 30 inches.
(3) 
In the B-2, B-4, B-5 and B-6 Districts, business and office uses located on the ground floor are permitted one sign board. A sign board is a wall sign, attached to the facade of the building.
(a) 
The maximum sign area shall be 15 square feet or 15% of the front facade area of the building, whichever is the lesser.
(b) 
The top edge of a sign board shall not be installed more than 15 feet above the ground level. The top edge of a wall sign shall not project above the roof line.
(c) 
Sign boards shall not project more than eight inches beyond the facade.
(d) 
Sign boards may be lit with downward gooseneck lighting. No internal sign lighting is permitted.
(4) 
In the B-2, B-4, B-5 and B-6 Districts, business and office uses located on the upper floor(s) may have one street-level directory sign per entrance to upper story establishments.
(a) 
The maximum sign area shall be three square feet.
(b) 
The maximum letter height shall be eight inches.
(c) 
The top edge of the directory sign shall not be installed more than six feet above the sidewalk.
(5) 
In the B-3 District, for business and office uses, one sign may be placed or inscribed on the front facade which shall not exceed in the aggregate 30 square feet or 30%, whichever is the lesser, of the front facade area of the building.
(6) 
In the B-3 District, a freestanding sign of not more than 30 square feet may be permitted in lieu of a faced sign, provided that such sign shall be located within the property line with no overhang into the right-of-way. Such sign shall be not higher than 30 feet.
C. 
I-1, I-2 and I-3 Industrial Districts.
(1) 
One sign may be placed or inscribed upon the front wall of the building which shall not exceed in the aggregate 30 square feet or 15%, whichever is the lesser, of the front wall area of the front of the building.
(2) 
One freestanding sign may be erected which relates to the total number of business uses on the same premises. Such sign shall not exceed 50 square feet in area on any one side, shall not exceed 15 feet in height, shall not be placed closer than 10 feet from the street line of a public street or closer than five feet from any other lot side line and shall be nonflashing. All refuse and paper shall be kept constantly removed from the ground spaces at least five feet in all directions around the sign, and the grass shall be trimmed to not more than six inches in height.
(3) 
In no case shall the combined areas of the front wall sign and one side of the freestanding sign relating to the same business or activity exceed 60 square feet in area.
D. 
Special uses.
(1) 
Shopping centers shall be permitted one freestanding sign not to exceed 50 square feet on any one side and 30 feet in height, placed no closer than 25 feet to the street line and 20 feet to any other lot line. Each store within the center shall be allowed an individual sign in compliance with Subsection R(2)(b) above.
(2) 
Gasoline service stations shall be permitted one freestanding identification sign advertising the name or logo of the company and price information, provided that such sign shall not exceed a total square footage of 90 feet and that each component of the sign does not exceed 50 square feet; one facade or canopy sign for each building face fronting on a street, not exceeding 10% of the wall area or 15 square feet, whichever is the lesser; directional signs such as "full" or "diesel" and customary signage on pumps.
E. 
General provisions and requirements.
(1) 
In the case of two or more business or professional uses occupying the same structure, no greater sign area shall be permitted than if there were a single use.
(2) 
Where a business structure is located at the intersection of two public streets, an additional sign may be erected or inscribed upon the side wall on the street side, provided that the combined areas of the two wall signs do not exceed the sign area permitted in that zone.
(3) 
Where the side or rear of a business structure adjoins a parking area intended for the use of the structure in question, signs may be placed or inscribed on said side or rear wall to identify the business use or uses in the structure and access thereto. Such signs shall not exceed 10 square feet or 2%, whichever is the lesser, of the wall area on which they are inscribed for each separate business use in the structure.
(4) 
Except as permitted in Subsection E(2) and (3), no sign shall be permitted to be placed or inscribed on a side or rear wall of a structure.
(5) 
Number, projection and colors.
[Amended 11-7-2001 by Ord. No. 18-2001; 5-13-2014 by Ord. No. 06-2014]
(a) 
Except as otherwise specifically provided for in this section, not more than one sign shall be permitted for each use or activity. No sign shall project more than eight inches beyond the wall to which it is attached nor extend above the height of the vertical wall.
(b) 
All awnings located in the B-2, B-4, B-5 and B-6 District shall be of the color black, classic burgundy or classic navy blue. Awnings shall be limited to the ground floor; no awnings are permitted over upper-story windows and no awning can be used for signage.
(6) 
All illuminated signs shall be either indirectly lighted or of the diffused-light type. No sign shall be lighted by means of flashing, revolving or intermittent illumination. Lighting shall not shine onto residential properties or cause glare of any sort. All lights used for the illumination of any sign use or building or the areas surrounding them or for the illumination or display of merchandise or products shall be completely shielded from view of vehicular traffic using any public thoroughfare.
(7) 
The following signs are prohibited in all zones in the Borough:
(a) 
Signs using red, yellow and green lights which might be confused with the operation of any traffic control signal.
(b) 
Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting.
(c) 
Any sign which unreasonably tends to distract drivers or otherwise constitutes a traffic hazard or which use words such as "stop," "look," "danger," etc. placed in a manner or position which constitutes a traffic hazard or otherwise interferes with the free flow of traffic or pedestrians.
(d) 
Roof signs or sidewalk sandwich signs.
(e) 
Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.
(f) 
Flags, banners, strings of banners and similar advertising devices used for commercial advertising purposes in excess of 15 days.
(g) 
Any sign which obscures more than 20% of a glassed window or door area.
(8) 
The outlining of any window, door, facade or roof with neon lights or any other type of lighting shall not be permitted, except in the B-3 Zone, where coverage shall not exceed 20% of the area.
[Added 1-23-2001 by Ord. No. 02-2001]
(9) 
Permit required for banners. No temporary signs, flags, similar advertising devices and/or structure shall be erected, hung, mounted or placed upon utility poles, lighting structures or the like until written application has been made to the Construction Code Official in a manner prescribed by him, and a permit has been duly issued.
[Added 2-24-1998 by Ord. No. 3-98; amended 5-28-2002 by Ord. No. 11-2002]
(a) 
Banners, strings of banners, and similar advertising devices shall be limited to the following:
[1] 
Historical or ceremonial events.
[2] 
Charitable events and fund raisers for bona fide nonprofit organizations.
[3] 
Municipal events.
(b) 
Prior to the erection of any banner, the applicant must receive approval from the Mayor and Council and where applicable, the Passaic County Board of Chosen Freeholders and Public Service Electric and Gas.
(c) 
For purposes of this chapter, a "banner" shall be defined as any sign displayed across a roadway, driveway or any location of vehicular traffic.
(d) 
Banners shall be hung in such a manner so as to not interfere with or obstruct access or vision along the right-of-way or any portion thereof. Banners shall not exceed 20 feet in length or three feet in width.
(e) 
Each banner must be clearly marked with the name of the organization responsible for the hanging of the banner.
(f) 
The time period for posting a banner shall not exceed 30 days and it shall be the responsibility of the organization whose name appears on such banner to remove said banner within the prescribed time period.
(g) 
The applicant shall maintain liability insurance in the amount of $1,000,000 and furnish the Borough with a liability insurance certificate naming the Borough of Totowa as an additional insured.
F. 
Fee for temporary signs. A permit shall be required for any temporary sign, flags, banners, strings of banner and similar advertising devices and/or freestanding structures, and the fee for said permit shall be $25.
[Added 2-24-1998 by Ord. No. 3-98]
G. 
Lighting. Any lighting located and/or installed in and/or around the perimeter of a window shall be turned off by no later than 11:00 p.m. and not turned on any earlier than 10:00 a.m.
[Added 2-24-1998 by Ord. No. 3-98]
H. 
Revocation of permit. A permit to erect or maintain a sign may be revoked for any one or more of the following causes:
[Added 2-24-1998 by Ord. No. 3-98]
(1) 
Whenever the information used in obtaining a permit is knowingly false or misleading.
(2) 
Whenever any provisions of this article are violated.
A. 
General. Each site plan shall provide for the removal of all solid wastes and shall further provide for temporary on-site storage of all solid waste materials, in enclosed containers, in accordance with a plan approved by the Board.
B. 
Access. Adequate access shall be provided to all solid waste storage facilities. Such access shall accommodate the type of vehicle normally used for the collection of wastes.
C. 
Location.
(1) 
Outdoor solid waste storage facilities shall be visually screened from elsewhere on the project and from all property lines in a manner to be approved by the Board.
(2) 
Storage of wastes which produce no discernible odor may be outdoors.
(3) 
Storage of wastes which produce a discernible odor shall be within a building.
D. 
Recycling. Requirements set forth in the Borough of Totowa Municipal Ordinance Number 8-87[1] and the New Jersey Statewide Mandatory Source Separation and Recycling Act[2] and all subsequent revisions shall be complied with. Specifically, all subdivision and site plan applications submitted to the Borough involving 50 or more units of single-family housing or 25 or more units of multifamily housing and any commercial or industrial development which uses 1,000 square feet or more of land must provide for the recycling of designated materials. The following items should be addressed:
(1) 
Identify materials to be collected.
(2) 
Identify proposed recyclable material storage locations.
(3) 
Identify locations where recyclable materials are to be picked up.
(4) 
Identify frequency of collections.
(5) 
Identify quantity of recyclable materials expected to be generated.
(6) 
Where outdoor storage is proposed, the storage area shall be suitably screened from view.
[1]
Editor's Note: Ordinance No. 8-87 was amended in its entirety 8-10-1993 by Ord. No. 18-93. See Ch. 341, Solid Waste, Art. I., Recycling.
[2]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.
A. 
All retaining walls shall be offset a sufficient distance from any property line to allow construction and maintenance of all structural elements of the wall without disturbance of adjacent property.
B. 
For retaining walls over an aggregate height of four feet, structural calculations must be submitted to and be approved by the Borough Engineer prior to construction.
C. 
The preferred material for construction of retaining walls over two feet will be interlocking concrete blocks. Use of timber tie materials should be limited to retaining walls having an aggregate height of less than two feet.
D. 
Retaining walls over five feet in height shall be provided with a fence or other approved barrier at the top of the wall to prevent accidental falls.
Satellite antennas shall meet the requirements for accessory structures in § 415-90D.
A. 
General requirements.
(1) 
All streets shall be provided with manholes, catch basins and pipes where the same may be necessary for proper surface drainage. On-site facilities may be permitted. Additionally, all work shall be in accordance with the established design standards of the Borough.
(2) 
The system shall be adequate to carry off or store the stormwater and natural drainage water which originates not only within the lot or tract boundaries, but also that which originates beyond the lot or tract boundaries. No stormwater runoff, natural drainage water or water discharged from any source shall be so diverted as to overload the existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions. Over-the-sidewalk, under-the-sidewalk and/or through-the-curb drains for the purpose of disposing of sump pump and/or roof leader runoff is prohibited. These facilities must outlet into an adequate watercourse or drainage system as approved by the Borough Engineer. Specific findings shall be made by the Borough Engineer in this regard for review and adoption by the approving authority as part of its written resolution (finding of facts).
(3) 
Techniques for computing stormwater runoff shall be as approved by the Borough Engineer. The Rational Method of surface water runoff computation may be used for storm sewers and open channels with drainage basins up to 25 acres in area.
(4) 
The coefficient of runoff should be based on good engineering judgment and should take into account the ultimate use of the total drainage area. The range of coefficients is listed below:
Description of Area
Runoff Coefficient
Residential
0.50
Other (industrial, commercial)
0.75 to 0.90 as per Borough Engineer
(5) 
Rainfall intensity should be placed on rainfall curves for northern New Jersey. The design storm frequency shall be 25 years, except that a one-hundred-year design storm frequency criteria shall be used when specifically required by the approving authority or the Borough Engineer in individual canes and as mandated by other governmental entities having jurisdiction. Minimum inlet time shall be 10 minutes.
(6) 
Design of pipes and open channels.
(a) 
Manning's formula shall be used for design of pipes and open channels where the coefficient of roughness (n) is:
Description
n
Reinforced concrete pipe
0.013
Corrugated metal pipe
0.024
Corrugated metal pipe, coated and 25% paved
0.022
Corrugated metal pipe with smooth asphalt lining
0.013
(b) 
This formula may be modified, recalculated and redesignated in the discretion of the Borough Engineer.
(7) 
Storm sewers, open channels, bridges and culverts, unless otherwise directed by the Borough Engineer, shall be designed for minimum flow capacities as follows:
Design
Type
Capacity
Drainage systemsa
25 years
Drainage structuresb
100 years
Open channels
As determined by Borough Engineer
NOTES:
a
The term "drainage systems" refers to the composite of all drainage infrastructure improvements.
b
The term "drainage structures" refers to particular drainage infrastructure improvements such as bridges and culverts.
(8) 
The materials used in the construction of storm sewers, bridges and other drainage structures shall be in accordance with the specifications of the Standard Specifications for Road and Bridge Construction of the New Jersey State Highway Department, current edition, and any supplements, addenda and modifications thereof, unless otherwise specified by the approving authority. Modifications or change of these specifications may be requested by the applicant but may be implemented only with the knowledge and written consent of the approving authority.
(9) 
Lots shall be graded to secure proper drainage away from buildings and into drainage systems, where possible. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow, and, to the extent possible, and unless specifically approved in writing by the adjacent property owner and incorporated into appropriate resolution by the approving authority, water shall not flow across adjacent property lines.
(10) 
Approval for drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices. Each applicant shall be responsible for making application to the appropriate authority or agency; and letters of approval from the appropriate governmental authorities shall be furnished to the Borough Engineer, with copies to the approving authority, prior to the granting of final approval.
(11) 
Where required by the Borough and for a lot or tract traversed by a watercourse, surface or underground drainage way or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the Borough conforming substantially with lines of such watercourse and such further width for construction, or both, as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the Borough and, in any event, meeting any minimum widths and locations shown on any adopted Official Map or Master Plan. Such easement dedication shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided for and expressed in the Land Development Ordinance of the Borough."
(12) 
Where appropriate, seepage pits may be required in order to recharge aquifers.
B. 
Major developments.
(1) 
Major developments include all residential, governmental, commercial or industrial developments which add one or more acres of impervious surface and to all other developments which pose a significant potential for pollution of surface or ground waters.
(2) 
The flood and erosion control standards for detention will require that volumes and rates be controlled so that after development the site will generate no greater peak runoff at the site than prior to development, for either a two-, ten-, or one-hundred-year storm considered individually. Such storms may be computed either as a Type II twenty-four-hour storm under United States Soil Conservation Service procedures (United States Soil Conservation Service, Urban Hydrology for Small Watersheds, Technical Release No. 55, January 1975) or as the estimated maximum rainfall for the estimated time of concentration of runoff at the site. Tabulations of estimated maximum rainfall are available from the New Jersey Department of Environmental Protection and shall be the basis for calculation unless more reliable localized data is available, which then shall be used accordingly.
(3) 
The water quality requirement for detention will require prolonged retention of a small design storm which shall be either a one-year frequency Type II storm or a storm of 1 1/4 inches of rainfall in two hours. Provisions shall be made for it to be retained and released so as to evacuate 90% in approximately 18 hours in the case of residential development and 36 hours in the case of other developments. This is usually accomplished by a small outlet at the lowest level of detention storage, with a larger outlet or outlets above the level sufficient to control the small design storm. If the above requirement would result in a pipe smaller than three inches in diameter, the period of retention shall be waived so that three inches will be the minimum pipe size used. Where soils have sufficient permeability, the production of zero runoff from the site under conditions of the water quality storm will be considered sufficient to meet the water quality requirement for residential developments, provided that the groundwater does not rise to within two feet of the bottom of the detention basin. For other than residential developments, approvals will be on a case-by-case basis after technical review by the Borough Engineer. The object of this review will be to avoid pollution of groundwater.
C. 
Floodplain development.
(1) 
There will be no detention basins in the floodway.
(2) 
Stormwater drainage analysis for development located in floodplains is to determine the adequacy of proposed detention measures during the one-hundred-year flood applying the one-hundred-year design storm to both the site and to the entire watershed contributing to the floodplain, assuming that the two peak simultaneously. The time of concentration assumed for the entire watershed should be that appropriate to the larger area, rather than the shorter period applicable to the site.
(3) 
All development in the floodplain must be in compliance with all applicable regulations under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
(4) 
In default of an analysis such as described above, detention storage provided by construction of dikes or embankments below the elevation of the one-hundred-year flood (either specifically calculated or taken from an official floodplain delineation map) will be credited as effective storage at a reduced proportion as indicated in the table below:
Table 1
Allowable Proportion of Storage to be Assumed Usable in Detention Basins
Below the Level of the One-Hundred-Year Flood, in Drainage Basins of Various Sizes
Drainage Basin Area at Site
Elevation of Storage Provided Below 100-Year Flood Level
Less Than 5 Square Miles
(percent)
5 to 100 Square Miles
(percent)
Over 100 Square Miles
(percent)
Less than 2 feet
40%
65%
90%
2 to 4 feet
25%
50%
75%
Over 4 feet
10%
25%
50%
(5) 
This effective detention storage, plus other supplementary measures, will be required to provide for stormwater detention in accordance with established standards. However, the gross storage considered for this evaluation will not exceed that which would be filled by runoff of a one-hundred-year storm at the site.
(6) 
In making computations under the method described above, the volume of net fill added to the flood hazard area portion of the project site will be subtracted from the capacity of effective detention storage provided. "Net fill" is defined as the total amount of fill created by the project less the amount of material excavated during the construction of the project, both measured below the elevation of the one-hundred-year flood but above the elevation of low water in the stream.
D. 
Alternatives to detention basins. In lieu of or in combination with detention basins and after submission of adequate proofs, reviewed and approved by the Borough Engineer, basic requirements for stormwater management may be satisfied by means of rooftop storage, tanks, infiltration pits, dry wells or gravel layers underneath paving, with appropriate consideration for length of life and feasibility of continued maintenance. Vacuum street sweeping may be substituted for the water quality requirement in cases in which continuity of the service can be assured and where the pollution in question originates on the pavement.
E. 
Maintenance and repair.
(1) 
The applicant shall indicate responsibility for long-term maintenance of detention basins or other stormwater facilities.
(2) 
A schedule of maintenance inspections shall be established.
(3) 
Agreements shall be prepared providing, in the case of privately owned and maintained drainage facilities, that, in the event maintenance or repair is neglected, the Borough has the authority to perform necessary work and charge the property owner accordingly.
A. 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets. New minor streets shall be designed to discourage through traffic.
B. 
All streets shall have rights-of-way and pavement widths sufficient to carry anticipated traffic, but in no event less than shown on the Master Plan or Official Map. All streets shall be constructed in accordance with Chapter 361, Streets and Sidewalks, and this chapter.
C. 
Marginal access. In subdivisions that abut arterial streets and such other streets or portions of streets as the Planning Board may designate on the Master Plan, the Planning Board may require provision for marginal access roads, reverse frontage lots with buffer strips for planting or other design methods for the purpose of separating through and local traffic.
D. 
Right-of-way width. The right-of-way shall be measured from lot line to lot line and shall be 50 feet unless a greater width is shown on the Master Plan or Official Map.
E. 
Cartway width. The cartway width shall be sufficient to carry anticipated traffic and shall generally conform to the standards below:
Type of Street
Cartway Width
(feet)
Arterial
36
Collector
32 to 40
Minor/marginal access
30 to 36
Alley
10 (one-way)
20 (two-way)
F. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strip has been placed in the Borough Council under conditions approved by the Board.
G. 
Subdivisions that adjoin or include existing streets that do not conform to width as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be conveyed to the Borough, county or state, as the case may be.
H. 
Grades of arterial and collector streets shall not exceed four 4% and 6%, respectively. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1% or as approved by the Board. Grades within 25 feet of an intersection shall not exceed 3% for arterial and collector streets and 5% for all other streets.
I. 
Street intersections shall be right angles. The block corners at intersections shall be rounded at the property line and have a radius of not less than 25 feet.
J. 
The distance between intersections on either the same or opposite side of the street shall not be less than 125 feet measured from the center lines.
K. 
A tangent at least 100 feet long shall be introduced between reverse curves on all streets.
L. 
When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
M. 
All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.
N. 
A dead-end street or cul-de-sac shall not exceed 600 feet in length. Dead-end streets shall have a turnaround at the end with a radius of not less than 50 feet to the right-of-way line and tangent wherever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
O. 
No street shall have a name which will duplicate or so nearly duplicate the name of existing streets as to be confusing.
P. 
Bicycle-safe drainage grates shall be used in the construction of all new streets or the reconstruction of existing streets.
A. 
Residential swimming pools shall be considered accessory structures and shall meet the requirements of § 415-90D above.
B. 
Pools shall also meet the following requirements:
(1) 
No person shall install, construct, erect or make any alteration, addition or other improvement to any permanent private swimming pool until he shall have obtained a building permit issued by the Construction Code Official as in the case of any other structure.
(2) 
No person shall install, construct, erect or maintain a portable private swimming pool in any calendar year until he shall have obtained from the Construction Code Official a portable swimming pool permit. The application for the permit shall show the dimensions of the pool.
(a) 
No permit shall be issued for a below-ground pool until a site plan prepared by a licensed professional engineer has been submitted and approved by the Borough Engineer.
[Added 11-9-2004 by Ord. No. 14-2004]
(b) 
A $250 fee for the required engineering services shall be submitted with site plan. In the event that the site plan is not approved and must be resubmitted, the applicant will be charged at the municipal engineer's hourly rate.
[Added 11-9-2004 by Ord. No. 14-2004]
(3) 
All private swimming pools shall be registered annually with the Construction Code Official who shall be required to keep a complete and up-to-date registry of said swimming pools, and an annual registration fee of $2 shall be charged. Said registration shall be made not later than April 15 of each year, except that any pool erected or installed after April 15 shall be registered at the time a building permit or portable swimming pool permit is issued. The Construction Code Official shall supply a registration decal which shall be prominently displayed on or near the pool.
(4) 
Every below-ground private swimming pool within the Borough shall be completely surrounded by a fence or wall not less than four feet in height which shall be so constructed as to not have openings, holes or gaps larger than three inches in any dimension, except doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed three inches. The fence or wall shall be constructed at a distance of at least three feet from the outside edge of the swimming pool. A dwelling house or accessory building may be used as part of such enclosure. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gates or doors securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosure need not be so equipped. Any existing below-ground private swimming pool shall be provided with an enclosing fence or wall and gate within 45 days of the date of final adoption of this chapter.
(5) 
All private swimming pools erected, installed or constructed above ground shall have any access ladder or steps removed from the pool or otherwise rendered unusable when the pool is not in use.
(6) 
The Construction Code Official of the Borough shall be responsible for the enforcement of these requirements.
[1]
Editor's Note: See also Ch. 367, Swimming Pools, Art. II, Fencing and Registration of Private Pools.
A. 
Tennis courts shall be permitted only in conjunction with a dwelling unit or units erected on the same plot.
B. 
Tennis courts shall not be used for commercial purposes.
C. 
A tennis court and its backstops and side stops shall not be erected within the front setback of the principal building to which it is an accessory.
D. 
Backstops and side stops shall be set back from the property lines a distance of not less than the height of said backstops and side stops or the required building setback, whichever is greater.
E. 
Backstops and side stops shall not exceed 12 feet in height and shall be a fence commonly known as a "chain link fence." In the event that the topography requires a retaining wall and said wall meets all other requirements set forth in this section, then in such event the same shall be sufficient for these purposes.
F. 
A lighting plan in and around the tennis courts shall provide for nonglare color-corrected lights focused downward. A lighting plan shall be submitted for approval by the Planning Board, and the object of its approval shall be to minimize undesirable off-premises effects. To achieve these requirements, the intensity of such lighting sources, the light shield and similar characteristics shall be subject to approval by the Planning Board. Further, the property owners shall not use said lighting system after 11:00 p.m.
G. 
A drainage plan in and around tennis courts shall be submitted for approval by the Planning Board or its Engineer.
H. 
Areas adjacent to tennis courts shall be landscaped, including trees, shrubs and lawns, to serve as a buffer between said use and the adjoining residential properties and to ensure an attractive appearance for said use. Landscape plans shall be subject to approval by the Planning Board.
A. 
Removal of trees.
(1) 
No tree with a diameter in excess of six inches diameter at breast height (dbh) shall be removed if located a distance greater than 25 feet from any structure to be constructed unless approved by the Board.
(2) 
All areas of tree removal shall be indicated on the development plan.
B. 
Tree protection.
(1) 
Treed areas to remain shall be physically protected during construction, the method of protection to be approved by the Board.
(2) 
Wherever grading results in fill being placed around the base of any tree that is to remain, a tree well shall be provided.
A. 
Utilities to be provided.
(1) 
All developments shall be served by telephone and electric service and, where applicable, gas service, public water in accordance with § 415-76K, sanitary sewerage in accordance with § 415-76I and J, and cable television.
(2) 
Each such service shall be connected to an approved public utility system where one exists.
B. 
Location.
(1) 
All utility services shall be below ground, except that terminal boxes may be located above ground. If located within a street, said utilities shall be outside of the cartway except for required crossings and for sewer and water line. Lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service from these overhead lines shall be installed underground. In the case of existing overhead utilities, however, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground, if in accordance with current BPU regulations.
(2) 
The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of the servicing utility's tariff and on file with the State of New Jersey Board of Public Utility Commissioners. The developer shall submit, prior to the granting of final approval, a written instrument from each servicing utility which shall evidence full compliance or intended full compliance with the provisions of this section.
C. 
As-built plans. The developer shall provide the Borough with at least four copies of a final as-built plan showing the installed location(s) of all utilities.
The Board, when acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval, shall have the power to grant such exceptions from the design standards and requirements for approval as may be reasonable and within the general purpose and intent of the provisions herein, if the literal enforcement of one or more provisions herein is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.