City of Woodbury, NJ
Gloucester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Woodbury 4-14-81 as Ord. No. 1382-81. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 35.
Numbering of buildings — See Ch. 64.
Uniform construction codes — See Ch. 73.
Fences — See Ch. 84.
Fire prevention — See Ch. 89.
Flood damage prevention — See Ch. 92.
Housing standards — See Ch. 106.
Property maintenance — See Ch. 144.
Sewers — See Ch. 156.
Solid waste — See Ch. 162.
Streets and sidewalks — See Ch. 167.
Private swimming pools — See Ch. 174.
Water — See Ch. 197.
Zoning — See Ch. 202.
This chapter shall be known and may be cited as the "Woodbury Subdivision and Land Development Ordinance." The purposes of this chapter are as follows:
A. 
To provide rules, regulations and standards to guide the subdivision and development of lands in this City in a manner which will promote the public health, safety, morals and general welfare.
B. 
To ensure the orderly development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
C. 
To provide adequate light, air and open space.
D. 
To ensure the coordination of development within the City with the development and general welfare of neighboring municipalities, the county and the State of New Jersey as a whole.
E. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
F. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangement.
G. 
To promote the conservation of open space and valuable natural resources, and to prevent urban sprawl and degradation of the environment through improper use of land.
H. 
To encourage development which incorporates the best features of design, and to relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
I. 
To encourage coordination of the various public and private procedures and activities shaping land development with a view to lessening the cost of such development, to ensuring the most efficient use of land and to protecting the City from undue obligations from land subdivision and development.
J. 
To promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.
K. 
To promote the maximum practical recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the goals of the recycling element of the adopted City Master Plan and the municipality's recycling program.
[Added 11-26-1991 by Ord. No. 1658-91]
[Added 12-14-2009 by Ord. No. 2110-09]
A. 
In passing on the adequacy of subdivision plans, site plans and other plans, the Planning Board or Zoning Board shall apply the standards contained in this chapter. Each plan shall conform to design standards that will encourage good and appropriate development patterns within the City. The plan shall conform to the proposals and conditions shown on the Official Map and/or on the City Master Plan. The streets, drainage, rights-of-way, school sites, public parks and playgrounds shown on the officially adopted Master Plan and/or the Official Map shall be considered in the approval of site plans and subdivision plats.
B. 
No subdivision or site plan shall be approved by the Planning Board or Zoning Board of Adjustment unless the plan, development or use meets the performance standards herein set forth and such state or federal standards as may be more stringent than those set forth herein. Failure to comply with the performance standards at any time after the issuance of a certificate of occupancy shall be cause for revocation of such certificate. In reviewing any plan, the Planning Board or Zoning Board of Adjustment shall consider the following:
(1) 
The pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas; off-street loading and unloading spaces; and movement of people, goods and vehicles to and from access roads within the site and between buildings and vehicles.
(2) 
The site design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to public safety and fire protection, impact on surrounding developments and contiguous and adjacent buildings and lands.
(3) 
Lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Directional lights shall be arranged so as to minimize or eliminate glare and reflection on adjacent properties and on the use itself.
(4) 
Buffering shall be located around the perimeter of the site to minimize the impact of vehicle headlights, noise, light from structures and the movement of people and vehicles and to shield activities from adjacent properties, when necessary. Buffering shall consist of fencing, landscaped berms, evergreen trees and shrubs, and deciduous trees, or combinations thereof, to achieve the stated objectives.
(5) 
Landscaping shall be provided as part of the overall development design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include the preservation of existing vegetation, to the extent possible, as well as trees, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.
(6) 
Common open space shall be provided as part of any planned development. Open space shall be classified as developed (recreational) or undeveloped (natural) space. Undeveloped open space shall have as a prime objective the preservation of a site's natural amenities.
(7) 
Signs shall be designed to be aesthetically pleasing and harmonious with other signs and buildings on the site. They shall be located to achieve their purpose without constituting hazards to vehicles and pedestrians or be visually distracting to the overall site design.
(8) 
Storm drainage, sanitary waste disposal, water supply and solid waste collection and disposal shall be reviewed. Particular emphasis shall be given to the establishment of drainage rights-of-way and the adequacy of existing utility systems and the need for improvements both on-site and off-tract, where appropriate, to adequately carry run-off and sewage and to maintain an adequate supply of water at sufficient pressure.
(9) 
Environmental elements relating to the prevention of soil erosion, preservation of trees, protection of watercourses, wetlands and floodplains, protection of water resources, noise, air quality, topography, and soil shall be reviewed, and the design and implementation of the plan shall minimize adverse impacts on these elements and others that may be identified in the course of plan review and approval.
(10) 
The development shall provide for those elements of street furniture appropriate to the particular use and site. These shall include, but not be limited to, phone booths, benches, bike racks, trash receptacles and bus shelters, or combinations thereof, to achieve the stated objectives.
(11) 
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas such as parks, school sites, historic sites or similar lands within the proposed development, such areas shall be shown on the plan in locations and sizes suitable to their intended uses. The Planning Board may reserve the locations and extent of such public areas in accordance with the requirements of N.J.S.A. 40:55D-44.
[Added 12-14-2009 by Ord. No. 2110-09]
A. 
The applicant shall observe the requirements and principles of land subdivision and site plan development in the design of each minor and major subdivision or portion thereof or site plan development in a manner also conforming with other ordinances of the City as well as this chapter.
B. 
Any minor or major subdivision or site plan shall demonstrate conformance to design standards that will encourage sound development patterns within the City. Where either an Official Map or Master Plan have been adopted, the subdivision or site plan shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historic sites and flood control basins shown on the officially adopted Master Plan or Official Map shall be considered in the approval of subdivision plats and site plans. In accordance with good subdivision design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographic conditions or other special conditions acceptable to the Board. All improvements shall be installed or connected with existing facilities or installed in required locations to enable future connections with approved systems of contemplated systems and shall be adequate to handle all present and probable future development.
[Amended 12-14-2009 by Ord. No. 2110-09]
A. 
Any owner of land within or partly within the City of Woodbury shall, prior to subdividing or resubdividing such land, submit plans of the proposed subdivision or resubdivision for review and approval by resolution of the City Planning Board, as hereafter provided in this chapter, before such plans shall be filed in the office of the Clerk of Gloucester County, if required, or any construction permits may be issued for lots shown on such plans.
B. 
Any owner of land within or partly within the City of Woodbury shall, prior to development of any land other than a residential subdivision involving individual lots to be used for one- or two-dwelling-unit buildings, submit site plans of the proposed development for review and approval by resolution of the City Planning Board, as hereafter provided in this chapter, before any construction permits may be issued for the development.
C. 
Approval of final plans by the Planning Board shall constitute an approval of proposed dedications of land for streets, parks and other public uses or purposes. However, such approval shall not constitute an acceptance of physical improvements on such dedicated land and shall not impose upon the City any obligation of maintenance of or jurisdiction over such improvements. Such obligations shall be undertaken only after the City Council shall have accepted the improvements by official act according to law.
D. 
Where two or more lots, created by the filing of a map pursuant to the map filing law[1] prior to establishment of the Planning Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming or undersized in any aspect, the lots involved shall be considered to be an individual parcel for the purposes of this chapter, and no portion of said parcel shill be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.
[1]
Editor's Note: See N.J.S.A. 46:23-9.8 et seq.
A. 
Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1979, c. 216 (N.J.S.A. 40:55D-1 et seq.), if defined by that statute. In the event of a conflict between a definition in this chapter, and that contained in the statute, the definition in said statute shall apply under and in accordance with the usual rules of statutory construction.
B. 
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning herein indicated:
CARTWAY
The portion of a street intended for vehicular use.
COMPLETE APPLICATION
An application form completed as specified by this chapter and the rules and regulations of the City of Woodbury and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to a site plan or subdivision plat, provided that the Planning Board may require such additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the Planning Board and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Planning Board.
CUL-DE-SAC
A street with access closed at one end and with a vehicular turnaround at the closed end.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed subdivision or development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining excavation or landfill, and any use or change in the use of any building or other structure or land or extension of use of land, for which authorization may be required pursuant to this chapter.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, Official Map ordinance or other City regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches, or lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1A-1 et seq.
[Amended 11-28-2005 by Ord. No. 2015-05]
EASEMENT
A right granted for the use of private land for certain public or quasi-public purposes; also, the land to which such a right pertains.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A lot must have an improved street frontage for new construction.
[Amended 12-14-2009 by Ord. No. 2110-09]
MAINTENANCE GUARANTY
Any security which may be accepted by the City for the maintenance of any improvements required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 11-28-2005 by Ord. No. 2015-05]
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MINOR SITE PLAN
A development plan of one or more lots which:
(1) 
Proposes new development within the scope of development specifically permitted by ordinance as a "minor site plan";
(2) 
Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and
(3) 
Contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a "minor site plan" have been met.
MINOR SUBDIVISION
A subdivision of land that does not involve the creation of more than five lots, including any residual portion of the tract, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42, and will not have an adverse effect on the proper development of the remainder of the tract or the adjoining properties.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants or land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PERFORMANCE GUARANTY
Any security which may be accepted by the City, including surety bonds, letters of credit under circumstances specified in N.J.S.A. 40:55D-53.5 and cash, provided that not more than 10% of the total performance guaranty may be required in cash.
[Amended 11-28-2005 by Ord. No. 2015-05]
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RIGHT-OF-WAY
Land set aside for use as a street, alley, crosswalk or common means of communication, travel, utility or drainage.
SITE PLAN
A development plan of one or more lots on which is shown:
(1) 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
(2) 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
(3) 
Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter relating to review and approval of site plans by the Planning Board.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or City roadway, which is shown upon a plat heretofore approved pursuant to law, which is approved by official action as provided by statute or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such a Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chair to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provision; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
A. 
Jurisdiction. The Planning Board shall have approval authority of all subdivisions and site plans and shall have full discretion to determine which subdivisions and site plans shall come within its jurisdiction. Applications for development may be processed without full notice and hearing if the Planning Board or Site Plan Review Committee finds that the application conforms to the definition of minor site plan. The Board shall, after hearing, have the authority to approve plans of subdivisions but shall arrange the hearing on preliminary plans so that the City Council may be previously informed of such hearings and may make such recommendations as it may see fit.
B. 
General instructions to the Planning Board. The Planning Board shall make its decisions on subdivision and site plans according to the purposes stated in the Municipal Land Use Law,[1] amendments thereto and this chapter, and according to the standards of design set forth in this chapter. The Board shall approve final plans only on the determination that such plans are in conformity with previously approved preliminary plans.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C. 
Appeals from decisions of the Planning Board. Appeals from final decisions of the Planning Board may be made in writing to the Mayor and City Council, provided that such appeals are taken in accordance with N.J.S.A. 40:55D-17.
D. 
Requirement of preliminary plans.
(1) 
All subdivision and site plans except concept plans when first submitted shall be deemed preliminary plans. The Planning Board shall review preliminary plans to determine whether the plans comply with the following:
(a) 
The purposes stated in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(b) 
The requirements of this chapter, including standards of design established herein.
(c) 
The requirements of the National Flood Insurance Act of 1968, as amended, to ensure that all subdivision proposals are consistent with the need to minimize flood damage; that all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage; and that adequate drainage is provided so as to reduce exposure to flood hazards.
(d) 
Whether the plans have been referred to appropriate agencies for review, if so required, by the Coastal Wetlands Act (N.J.S.A. 13:9A-1 et seq.), the New Jersey County and Regional Planning Enabling Act (N.J.S.A. 40:27-6.3), the Realty Improvement Sewerage and Facilities Act 1954 (N.J.S.A. 58:11-25.1), the Flood Hazard Area Control Act 1972 (N.J.S.A. 58:16A-50 et seq.) or other applicable environmental laws, rules or regulations. In the event that the application requires approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency.
(e) 
The requirements of the New Jersey Statewide Mandatory Source Separation and Recycling Act (N.J.S.A. 13:1E-99.11), as it may be amended or superseded.
[Added 11-26-1991 by Ord. No. 1658-91]
(2) 
If an application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
(3) 
An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the Planning Board and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Planning Board.
E. 
Time requirements for action. Upon the submission of a complete application for a subdivision of 10 or fewer lots or for a minor site plan which involves 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant. Upon the submission of a complete application for a subdivision of more than 10 lots or a site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. If the Planning Board fails to act within the above time limits, the Board shall be deemed to have granted preliminary approval to the subdivision or site plan.
F. 
Revision of preliminary plans. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the applicant that have been the subject of hearing or if the applicant, on his or her own initiative, makes substantial changes after the hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for preliminary approval.
G. 
Modification of requirements.
(1) 
The regulations, requirements and standards contained in this chapter constitute the minimum requirements for the protection of the public health, safety, convenience and welfare, as affected by the subdivision and development of lands, of the inhabitants of the City, and the Planning Board shall give primary consideration to such fact in deciding upon all actions taken by it under this chapter; provided, however, that if the applicant can demonstrate that, because of peculiar conditions pertaining to the land proposed to be subdivided or developed, the literal enforcement of one or more of the said regulations, requirements and standards is impractical or will result in undue hardship, the Planning Board may waive or modify such provisions as will be reasonable and within the general purpose and intent of said regulations, requirements and standards established by this chapter.
(2) 
In any case of peculiar conditions pertaining to the land proposed to be subdivided or developed, if the minimum standards herein provided are determined by the Planning Board to be inadequate for the protection of the public health, safety, convenience and welfare, then the Planning Board may require compliance with such additional standards as it deems reasonable and within the general purpose and intent of this chapter.
H. 
Final plan approval.
(1) 
The Planning Board shall grant final approval of site plans and major subdivisions if the detailed drawings, specifications, guaranties and other requirements for final approval conform to the standards established by this chapter, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141,[2] and amendments thereto.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2) 
Upon the submission of a complete application for final subdivision or site plan approval, the Planning Board shall grant or deny final approval within 45 days after submission, or within such further time as may be consented to by the applicant, or within 95 days where a site plan of more than 10 acres is submitted.
(3) 
Whenever review or approval of the final subdivision or site plan application by the County Planning Board is required pursuant to N.J.S.A. 40:27-6.3 (subdivision) or N.J.S.A. 40:27-6.6 (site plan), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
I. 
Resolutions of actions required. Each decision of the Planning Board on any application for development shall be reduced in writing and shall include findings of facts and conclusions based thereon and conditions, if any. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application. Such actions shall be memorialized by written resolution, as required by N.J.S.A. 40:55D-10g. Where the application for subdivision or site plan approval is subject to review and/or approval of other governmental agencies such as the Gloucester County Planning Board and those agencies listed in § 170-4D(4) hereof, preliminary approval shall be subject to the condition that such reviews and/or approvals be obtained from such agencies.
J. 
Developer rights upon plan approval. Rights of applicants with respect to developments after preliminary plan approval and upon approval of site plans and final subdivision plans shall be as specified in N.J.S.A. 40:55D-52.
K. 
Recordation of subdivision plans.
(1) 
Final approval of a major subdivision plan shall expire 95 days from the date of signing of the plat by the Planning Board, unless within such period the plat shall have been duly filed by the subdivider with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
(2) 
No major subdivision plan may be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chair and Secretary of the Planning Board, or a certificate has been issued pursuant to § 170-4H(2). The signature of the Chair and Secretary of the Planning Board shall not be affixed until the developer has posted the required performance and maintenance guaranties.
(3) 
Approval of a minor subdivision plan shall expire 190 days from the date of the Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Clerk, the City Engineer and the City Tax Assessor. Any such plan or deed accepted for filing shall have been signed by the Chair and Secretary of the Planning Board.
L. 
(See § 35-27, Fees and escrows)[3]
[3]
Editor's Note: Original Subsection L, Payment of fees for review of plans and inspection of improvements, was repealed 10-23-2003 by Ord. No. 1966-03.
M. 
Improvement guarantees and inspection escrows.
[Added 2-27-2018 by Ord. No. 2277-18]
(1) 
Before recording final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the City Planning/Zoning Board may require and shall accept, in accordance with the standards adopted herein, for the purpose of assuring the installation and maintenance of certain on-tract improvements, the following:
(a) 
The developer shall furnish a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Municipal Engineer, according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.
[1] 
The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(b) 
The developer shall furnish a performance guarantee to include, within an approved phase or section of a development privately owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval.
[1] 
At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
(c) 
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection M(1)(a) which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Municipal Engineer. At no time may a municipality hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Municipal Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(d) 
Safety and stabilization guarantee.
[1] 
A developer shall furnish to the municipality a safety and stabilization guarantee, in favor of the municipality. At the developer's option, a safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the performance guarantee. A safety and stabilization guarantee shall be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
[a] 
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
[b] 
Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee. The municipality shall not provide notice of its intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The municipality shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
[2] 
The amount of a safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
[3] 
The amount of a safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:
[a] 
Five thousand dollars for the first $100,000 of bonded improvement costs; plus
[b] 
Two and a half percent of bonded improvement costs in excess of $100,000 up to $1,000,000; plus
[c] 
One percent of bonded improvement costs in excess of $1,000,000.
[4] 
The municipality shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this subsection.
[5] 
The municipality shall release a safety and stabilization guarantee upon the Municipal Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
(2) 
The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to Subsection M(1)(a), M(1)(b), or both M(1)(a) and (b), a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(a) 
The developer shall post with the municipality, upon the inspection and issuance of final approval of the following private site improvements by the municipal engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(b) 
The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
(3) 
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.
(a) 
The time allowed for installation of the bonded improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the municipal engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as of the time of the passage of the resolution.
(b) 
If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
(c) 
Incomplete or unsatisfactory improvements.
[1] 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 170-4M(1)(a), a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all bonded improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
[2] 
The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 170-4M(1)(a).
(d) 
Approval or rejection by governing body.
[1] 
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 170-4M(1)(a). This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
[2] 
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 170-4M(1)(a), including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
[3] 
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to § 170-4M(3)(c) within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
[4] 
If the governing body fails to approve or reject the bonded improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 170-4M(1)(a); and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
[5] 
In the event that the obligor has made a cash deposit with the municipality or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee, provided that if the developer has furnished a safety and stabilization guarantee, the municipality may retain cash equal to the amount of the remaining safety and stabilization guarantee.
(e) 
If any portion of the required bonded improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this subsection shall be followed.
(f) 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.
(g) 
Reimbursement.
[1] 
The obligor shall reimburse the municipality for reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth in Subsections M(2)(g)[1][a] and [b] below. The developer shall post the inspection fees in escrow in an amount:
[a] 
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under Subsection M(1)(a), M(1)(b), or both; and
[b] 
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under Subsection M(1)(a), which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
[2] 
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
[3] 
For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.
[4] 
If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection M(3)(g)[1][a] and [b] is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the Municipal Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
(h) 
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
(i) 
To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection M(1)(a) of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.
(j) 
If the property or any part of same is sold, or otherwise conveyed to a successor developer prior to the completion and acceptance of all improvements, an assignment of developer's agreement, and new performance, maintenance and all other guarantees shall be required from the new owner or successor developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to beginning or continuing work authorized by the construction permit, the new owner or successor developer shall file with the building department an application for a permit update to notify the building department of the name and address of the new owner or successor developer and of all other changes to information previously submitted to the building department. The building department shall not approve the application for a permit update until it receives notification from the governing body or its designee that the new owner or successor developer has furnished adequate replacement performance, maintenance or other guarantees and assignment of developer's agreement.
A. 
Concept plan. At the request of the developer, the Planning Board shall grant an informal review of a concept plan or a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
B. 
Minor subdivision plans. On application by the subdivider, the Planning Board may waive the requirements of notice and hearing for subdivision plans which meet the criteria established for minor subdivisions.
(1) 
Plan details. Plans shall be prepared by a professional engineer or land surveyor registered in New Jersey, except that the Planning Board may waive this requirement in cases where the land involved has been subdivided and recorded previously, and the proposed subdivision is a recombination of lots which front on streets which have been officially accepted by the City and which appear on the City Tax Map. Plans shall be drawn to scale and show bordering dimensions and area of the tract and of the proposed lots; the location of proposed and existing buildings, if any; abutting streets; streams, lakes and drainage rights-of-way; and the location of utilities which will service the subdivision. When required by the City Engineer to review drainage, topography contours at one-foot intervals shall be shown.
(2) 
Procedure for submission.
(a) 
The county and City applications and 10 copies of the plan together with the required fee shall be submitted to the Secretary of the Planning Board no less than 10 days prior to a meeting of the Planning Board at which the plan shall be considered. The Board may, but is under no obligation to, consider plans which are not timely submitted.
(b) 
The Planning Board Secretary shall forward the county application and three copies of the plan to the County Planning Board and the City application and remaining copies of the plan to the Chair of the Subdivision Committee, if one has been appointed.
(c) 
The Chair of the Planning Board shall appoint a Subdivision Committee to investigate plans for minor and major subdivisions.
(d) 
Upon review of the plans and a finding by the Subdivision Committee that the criteria in the definition of "minor subdivision" in § 170-3 are met, the requirement of notice and public hearing for the subdivision application may be waived by the Planning Board. The Board may thereafter approve by resolution the minor subdivision plan which shall be deemed final approval without submission of a final plan, or the Board may disapprove such plan. The Board may condition any approval on terms ensuring the provision of improvements, pursuant to N.J.S.A. 40:55D-38 to 40:55D-40, inclusive, and N.J.S.A. 40:55D-53.
(e) 
Upon approval, the Secretary of the Planning Board shall file a copy of the application, resolution and approved plan with the City Clerk/Administrator and shall forward copies of the approved plan to the following:
[1] 
The applicant.
[2] 
The Construction Code Official.
[3] 
The Tax Collector.
[4] 
The Tax Assessor.
[5] 
The City Engineer.
[6] 
The County Planning Board.
(f) 
A copy of the plan, application and resolution shall be retained in the files of the Planning Board.
(g) 
If the subdivision submitted to the Board under a request that it be treated as a minor subdivision is classified as a major subdivision, a notification to that effect shall be made on the plan and signed by the Secretary and Chair of the Planning Board. One copy of the application and plan shall be retained for the Planning Board's files and the rest returned to the subdivider, who may resubmit his or her application and plans as a major subdivision. Said application shall conform to the requirements hereinafter set forth for a major subdivision.
(h) 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.
C. 
Preliminary major subdivision plans.
(1) 
Plan details. The applicant shall submit the following materials to the Secretary of the Planning Board:
(a) 
A key map showing the location of the subdivision in relation to adjoining streets and surrounding areas and the names and addresses of the owners of property adjoining and facing the tract boundary.
(b) 
The 10 copies of the subdivision plan in the form of a map or series of maps drawn to scale not smaller than one inch equals 50 feet and showing the following:
[1] 
The name, limits and dimensions of the tract to be subdivided; its identifying numbers on the City Tax Map; reference meridian; and graphic scale.
[2] 
Existing and proposed streets, including the widths of the right-of-way and cartway, typical cross section, tentative cross sections and center-line profiles.
[3] 
The proposed lot layout, with dimensions and area of each lot.
[4] 
The location and dimensions of existing structures, easements, rights-of-way, public lands, individual trees over six-inch diameter, tree masses, rock outcrops, streams, monuments and other such features.
[5] 
The location and dimensions of proposed easements, rights-of-way and land reserved for public purposes; the location, course and dimensions of sanitary and storm sewer and water facilities; and the proposed method of drainage of the tract and adjacent territory.
[6] 
Existing topographic contours at two-foot elevation intervals or at such intervals that the contours shall have a maximum spacing of 100 feet to determine general slope and natural drainage, high and low points. The Planning Board may also require that the plans show proposed final contours. Topographical data and surveys shall be based on United States Geological Survey datum or upon data acceptable to the City Engineer.
[7] 
The name and address of the subdivider and his or her agent, if any, and the name, seal and signature of the professional engineer or surveyor licensed to practice in New Jersey who prepared the plan. The original date of preparation and revision dates, if any, shall be included on the plan.
(c) 
Eight copies of a statement of the type or types of structures to be erected, if any, together with sketches of typical lot layouts, indicating front, side and rear yards and a summary table of the number of structures and dwelling units proposed.
(d) 
Eight copies of a statement of proposed improvements, including streets, curbs, gutters, sidewalks, street signs and fire hydrants.
(e) 
A statement from the applicant indicating that the plans conform with engineering as provided herein; zoning, building, sanitation and other applicable City ordinances and regulations; and, if they are not so conforming, a statement giving the reasons for any exceptions.
(f) 
One copy of any protective covenants or deed restrictions applying to the land being subdivided.
(g) 
Recycling. Provisions for the compliance with Chapter 162, Solid Waste, of the Code of the City of Woodbury for the development of 50 or more single-family dwelling units, 25 or more multifamily dwelling units or 1,000 square feet of commercial or industrial land.
[Added 11-26-1991 by Ord. No. 1658-91]
(h) 
Such other information as the Planning Board or Zoning Board of Adjustment, as the case may be, may require in order to determine compliance with the intent and the specific provisions of this chapter.
[Amended 11-26-1991 by Ord. No. 1658-91]
(2) 
Procedure for submission, review and action.
(a) 
All applications for preliminary subdivision plan approval and accompanying plans shall be filed with the Secretary of the Planning Board.
(b) 
Upon a finding by the Planning Board that the application and plans conform to the requirements of this chapter, the Planning Board shall docket the plan for hearing and cause copies of the application and plans to be submitted to the following for review and recommendation: Subdivision Review Committee; City Engineer; County Planning Board; Construction Code Official; Planning Consultant; and City Council for information purposes.
(c) 
Following preliminary review of applications and plans for completeness and conformity to the requirements of this chapter, the applicant shall give public notice of the hearing on the application in accordance with the provisions of § 35-29, Notice requirements for hearing, of the Code of the City of Woodbury.
(d) 
After the required hearing on the plan, the Planning Board, by resolution, may approve the plan, approve the plan with conditions or disapprove the plan stating the reasons for disapproval.
(e) 
The Board's action shall be noted or stamped on all copies of the subdivision plan, a copy of the resolution setting forth the determination of the Board shall be attached thereto. Such plans shall be designated final preliminary plans. The Secretary of the Planning Board shall distribute copies of the plans and of the resolution to the City Clerk/Administrator, the City Engineer, the Construction Code Official, the Tax Assessor and the applicant.
D. 
Final major subdivision plans. The subdivider shall submit final major subdivision plans and supporting materials to the Secretary of the Planning Board. Final plans shall conform in all important details with preliminary plans as approved by the Planning Board and must be submitted within three years of the date of approval of the preliminary plans. Failure to apply for final approval by submission of final subdivision plans shall cause approval of preliminary plans to expire. Any conditions specified in the approval of preliminary plans shall be incorporated in the final plans. The following materials shall be submitted by the subdivider:
(1) 
Ten copies of the plan in the form of a map or series of maps drawn to a scale not smaller than 50 feet to the inch. Such map or maps shall be made of permanent materials. One copy shall be made upon translucent tracing cloth or linen or Mylar reproducible with black, waterproof India ink, and one copy shall be a clothprint duplicate thereof; both these copies shall be suitable for recordation according to the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.). The remaining copies shall be black- or blue-line-on-white prints. The final plans shall show or shall be accompanied by the following:
(a) 
The date, name and location of the subdivision; name of the owner; graphic scale; and reference meridian.
(b) 
Tract boundary lines; right-of-way lines of streets; street names; easements and other rights-of-way; land to be reserved or dedicated to public use and the purposes thereof; all lot lines and other site lines, with accurate dimensions, bearings or deflection angles, radii arcs and central angles of all curves.
(c) 
Final topographic contours at not more than two-foot intervals.
(d) 
The location and description of all monuments.
(e) 
The minimum building setback line on all lots.
(f) 
Certification by an engineer and/or surveyor as to accuracy of details of plat.
(2) 
Four copies of a utility map or maps showing but not limited to sanitary and stormwater sewer facilities, waterlines, curbs, sidewalks, fire hydrants, manholes and street signs.
(3) 
Four copies of profile and cross-section maps or diagrams of streets showing proposed grades of curbs, sanitary and stormwater sewers, waterlines and any other underground utilities.
(4) 
A certificate of title or other document showing ownership of the subdivision and one copy of any deed restrictions affecting the subdivision of the property or a written statement by the subdivider that there are no restrictions.
(5) 
A certification from the Tax Collector that there are no delinquent taxes or delinquent assessments for local improvements on the property to be subdivided.
(6) 
A statement of the type or types of structures to be erected, if any, together with sketches of typical lot layouts, indicating front, side and rear yards, and a summary table of the number of structures and/or dwelling units proposed.
(7) 
Certification by the developer's engineer that the plans are in conformity with zoning, building, sanitation, recycling and other pertinent City ordinances and regulations. In any instance where such plans do not conform, evidence shall be presented that an exception has been officially authorized.
[Amended 11-26-1991 by Ord. No. 1658-91]
(8) 
Evidence that the subdivision plan has been approved by appropriate county and state offices with respect to sanitation facilities, flooding, surface drainage, soil erosion and sediment control and any other matters falling within their respective jurisdictions.
(9) 
Certification by the City Engineer that the developer has adequately installed all improvements bondable pursuant to § 170-4M or posted the bonds required by § 170-4M.
[Amended 2-27-2018 by Ord. No. 2277-18]
E. 
Final plan review procedure.
(1) 
One copy of each final subdivision plan and one copy of utility maps and street profiles received by the Secretary of the Planning Board shall be transmitted to the City Engineer for his or her review and report to the Planning Board. Six copies of subdivision plans and one copy of all supporting material shall be sent directly to the Planning Board for its review.
(2) 
The City Engineer shall review such plans and submit a report thereon to the Planning Board.
(3) 
Planning Board action shall consist of approval or disapproval for stated reasons. Such action shall be noted or stamped on all copies of the plan. Grounds for disapproval shall be specified and shall be included in the resolution of such action.
(4) 
The City Engineer shall not make his or her certification on the final plan for filing at the County Clerk's office until the Planning Board has approved the plans.
(5) 
Distribution of copies of the plan, as finally approved, shall be as follows: one to be retained by the Planning Board; one to the City Engineer; one to the Tax Assessor; one to the Construction Code Official; one to the City Clerk/Administrator; and two to the subdivider. The subdivider shall be responsible for filing the approved subdivision plan with the County Clerk within 95 days after approval or such further time as the Planning Board may determine, but not to exceed 95 days additional.
A. 
General. Site plan review and approval shall be required before any development (as defined in N.J.S.A. 40:55D-2 et seq.), change of use, excavation, removal of soil, clearing of a site, placing of fill on lands, change in the location of an access to or exit from a parking lot or a loading/unloading area to a public street, or rearrangement of existing parking spaces. 
[Amended 8-17-1982 by Ord. No. 1423-82; 12-2-1997 by Ord. No. 1836-97]
(1) 
No building permit shall be issued for any building use or reduction, or enlargement in size or other alteration of any building or change in the use of a building, including accessory structures, unless a site plan is first submitted and approved by the Planning Board.
(2) 
No certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing Board as part of site plan review, except for the following:
(a) 
A construction permit for a single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s).
(b) 
Any change of use from one permitted nonresidential use to another permitted nonresidential use, if both the Construction Official and the Zoning Officer stipulate to the Planning Board that the existing site development meets the requirements of this chapter for the new use, including on-site parking requirements.
(c) 
The filling of any land involving an area of less than 2,000 square feet.
(d) 
A sign for an existing use or structure for which all applicable zoning requirements as determined by the Construction Code Official or designated official have been met.
(e) 
Any application for development specifically exempted from the requirement of local agency review, e.g., construction by local public schools.
B. 
Site plan review requirements. All applications shall be accompanied by copies of a proposed site plan which may be a copy of a site plan prepared for submittal to the Gloucester County Planning Board which meets all requirements of the county relating to site plans, together with additional information required by this chapter. At the minimum, the following information shall be submitted, unless waived or modified by the Planning Board in accordance with Subsection B(13) hereof:
(1) 
The location, boundaries, dimensions and ownership of the land to be included; the names of the owners of adjoining properties; and the zoning district in which located.
(2) 
The location, use, dimensions and arrangement of existing and proposed buildings and structures, signs, streets, sidewalks, railroads, railroad sidings, or extensions thereof, and open spaces, including the height of all buildings; the location and capacity of all areas to be used for off-street parking, parking lot layout, loading and unloading; the location and dimensions for all entrances, exits, traffic flow patterns, and other provisions for accommodating traffic; and the location of all areas devoted to planting, landscaping or similar purposes. The plan shall also indicate the location and use of buildings on adjoining lots, with dimensions from the applicant's property line.
(3) 
Provisions made for pedestrian circulation.
(4) 
The total gross floor area of all buildings, including basement.
(5) 
The physical features of the tract, including existing topography and proposed grading contours.
(6) 
The provisions made for all utilities, refuse disposal, stormwater drainage, exterior lighting and the location of exterior air-conditioning equipment. All such improvements shall comply with the standards established in Subsection D hereof, with Chapter 92, Flood Damage Prevention, the State Soil Erosion and Sediment Control Act and with such other applicable environmental standards as may be promulgated by federal, state and county agencies.
(7) 
A description, rendering, sketch, picture or plans of proposed buildings or structures, including signs.
(8) 
Information sufficient to demonstrate that satisfactory arrangements will be made to accommodate probable increases in traffic and to facilitate traffic movement on all streets in the vicinity of the proposed use.
(9) 
A plan or description of buffer or screening devices and areas to be installed, and provisions to be made for the maintenance thereof.
(10) 
Provisions for the recycling of recyclable material in developments of 25 or more multifamily dwelling units or 1,000 square feet of commercial or industrial land pursuant to Chapter 162, Solid Waste, of the Code of the City of Woodbury.
[Added 11-26-1991 by Ord. No. 1658-91]
(11) 
For conditional uses (including applications for conversions into multiple-family use) where interior changes or alterations are to be made which will require review and approval by the Planning Board, floor plans shall be submitted identifying such changes or alterations, including location of walls, partitions, doors, exits and common areas.
(12) 
Sufficient data in all instances to enable the Planning Board to judge the effectiveness of the design and character of the proposed development; to consider properly the relationship of the proposed development or use to surrounding areas, anticipated traffic, public health, safety and general welfare and the like; and to determine that the proposed plan and use comply with the requirements of the district and all other pertinent requirements of the City.
(13) 
The Planning Board may waive or modify any above requirements as may be reasonable and consistent with their general purposes and intent if the Board determines that certain requirements are not necessary to ensure that the plan conforms to the standards of sound planning and will have no deleterious effect on neighboring properties from the standpoint of ensuring adequate protection in terms of health, welfare, amenities and safety. The Planning Board is also authorized to waive public notice and hearing requirements for minor site plans as provided by law.
C. 
Guarantees, performance and maintenance guarantees shall be submitted in accordance with the provisions of § 170-4M.
[Amended 2-27-2018 by Ord. No. 2277-18]
D. 
Standards for site plan review. In addition to the requirements of this chapter, the following standards shall be used by the Planning Board as guidelines in reviewing site plans:
(1) 
The existing natural resources on the site and the landscape shall be preserved in the natural state insofar as possible and tree and soil removal kept to a minimum. Grade changes shall be made in keeping with the general appearance of neighboring developed areas. New landscaping and grass and ground cover areas shall be developed as screening and environmental protection of the site.
(2) 
Proposed structures shall be related harmoniously to the terrain and to existing buildings and structures in the vicinity that have a visual relationship to the proposed development. Provisions shall be made for screening of all parking, service and loading areas, playgrounds (where required), equipment and storage areas from adjacent properties.
(3) 
Adequate provision shall be made for vehicular and pedestrian circulation, including walkways, interior drives and parking; special attention shall be given to location and number of access points to the public streets, separation of pedestrian and vehicular traffic and arrangement of parking areas that are safe and convenient and do not detract from the design of proposed structures and the neighboring properties.
(4) 
Lighting shall be directed away from adjoining premises and public rights-of-way. The size, location, design, color, texture, lighting and materials of all signs shall not detract from the design of the proposed buildings and structures and the surrounding properties or create confusion with other signs or for drivers of vehicles.
(5) 
Provision shall be made for the cleanliness and maintenance of common areas and for parking and landscaped areas.
(6) 
Recycling. Consideration shall be given to the provisions for implementing recycling in accordance with the requirements of Chapter 162, Solid Waste, of the Code of the City of Woodbury and the Recycling Element of the City Master Plan.
[Added 11-6-1991 by Ord. No. 1658-91]
A. 
General standards. No land shall be subdivided for residential purposes unless the subdivider has eliminated, or provided adequate safeguards against, all unusual hazards to life, health or property from flood, fire, disease, smoke, excessive vibration, noise or odor when such hazards are inherent in the location or physical character of the site.
B. 
Blocks and lots.
(1) 
Blocks shall be not less than 500 feet long nor more than 1,100 feet long. Crosswalks up to 12 feet wide may be required for blocks more than 900 feet long.
(2) 
Double-frontage lots are to be avoided and generally will not be permitted unless the lots are a minimum of 200 feet deep. Where the rear yards of double-frontage lots will abut major or secondary highways and the lots will be entirely served by a separate residential service or neighborhood feeder street, their use may be required.
(3) 
A lot must have an improved street frontage for new construction.
[Added 12-14-2009 by Ord. No. 2110-09]
C. 
Streets.
(1) 
Integration. The proposed street pattern shall be integrated with the City plan of streets and shall be related to topography so as to produce usable lots and reasonable street grades.
(2) 
Minimum widths. Each street shall have a minimum right-of-way width of 60 feet and a cartway width of 36 feet to accommodate two ten-foot traffic lanes and two eight-foot parking lanes. Wider right-of-way and cartway widths may be required for streets which are intended to serve as feeder streets to major traffic arteries or for streets which will serve commuter traffic.
(3) 
Dead-end streets. Dead-end streets are prohibited unless constructed as culs-de-sac not exceeding 500 feet in length with a turnaround having a minimum radius of 50 feet to the property line.
(4) 
Grades. There shall be a minimum center-line grade of 1/2 of 1% and a maximum center-line grade of 6% on all streets. A grade of 10% may be permitted for short distances if no gentler slope is possible.
(5) 
Curbs. Curbs shall be constructed for the full length of all streets.
(6) 
Sidewalks. Sidewalks of not less than four feet in width shall be required for all streets.
(7) 
Material and construction standards. Material and construction standards for streets, curbs and gutters and sidewalks shall conform to regulations and standards of the City as maintained in the office of the City Engineer.
(8) 
Intersections. Street intersections shall be at right angles wherever possible, and no more than two streets shall cross at the same point. Intersecting streets shall not enter the same side of major traffic streets at intervals of less than 800 feet. Curb radii shall be at least 25 feet at residential street intersections and at least 35 feet at major street intersections.
D. 
Utilities.
(1) 
Connection. All properties shall be connected to the City sewer and water system in strict accordance with the standards and specifications of the City.
(2) 
Manholes. Manholes for sanitary and stormwater sewers shall be not more than 300 feet apart on straight runs, and there shall be a manhole at every point of change in course or grade and at intersections of sewer lines.
(3) 
Fire hydrants. Fire hydrants shall be located so that the distance from any building frontage to a fire hydrant is not more than 500 feet measured along the curb.
(4) 
Easements. Where common utility lines are installed in or over undedicated land, a public easement 15 feet wide shall be required.
E. 
Open apace shall be provided in every development in an amount as required by this section. The open space shall be easily accessible from all parts of the development and shall include, at a minimum, all floodplain and wetlands areas; provided, however, that areas of floodplain, wetlands buffer up to 50 feet or stormwater basins may not be counted for more than 50% of the required open space. The location of open space shall, to the extent possible, be consistent with the City's adopted Open Space Plan.
[Amended 12-14-2009 by Ord. No. 2110-09]
F. 
Dedicated open space, to the greatest extent practicable, shall be contiguous.
[Added 12-14-2009 by Ord. No. 2110-09]
G. 
Developments in any nonresidential zone shall be required to provide outdoor amenities for employees, examples of which include benches, tables and landscaped green areas, plazas and squares, sidewalks and a variety of open space designs like linear parks, passive parks and active parks.
[Added 12-14-2009 by Ord. No. 2110-09]
H. 
In the designation of any and all open space areas, consideration shall be given to providing for continuity of open space between sections of a development and between open space within a development and open space on adjacent lands. Open space shall be distributed throughout the development so that there is a hierarchy of activities from preservation areas to passive open space adjacent to and between each development. Designating all open space in one portion of a development is discouraged.
[Added 12-14-2009 by Ord. No. 2110-09]
I. 
All land set aside for open space within a residential development shall be developed with active and passive recreational facilities to service the needs of the future resident population. The Planning Board shall have complete and final determination as to the adequacy, usefulness and functionalism of the lands set aside for open space. Active and passive recreational facilities shall include, but not be limited to, ball fields for baseball, soccer and football, multipurpose fields, basketball and tennis courts, multipurpose court areas, children's playground equipment, including tot-lots, passive picnic or sitting areas, swimming pools, bicycle paths and jogging trails, barrier-free designs for the disabled, community buildings and other amenities like benches and sitting areas along pathways and garden plots.
[Added 12-14-2009 by Ord. No. 2110-09]
J. 
In subdivisions which provide or are intended to provide housing for more than eight dwelling units, the Planning Board shall consider the need for suitable open areas for recreation and shall request a recommendation from the City Board of Park and Recreation Commissioners.
[Added 12-14-2009 by Ord. No. 2110-09]
K. 
The residential developer shall install, as a minimum, the following recreational facilities on the land which has been set aside for open space area and active recreational purposes. Such facilities shall be located and screened to provide privacy for the users and to avoid nuisances such as noise and glare with respect to the residential uses within the development. As a minimum requirement, no less than 50% of all recreation improvements shall be installed prior to the issuance of a certificate of occupancy for more than 75% of the total number of approved dwelling units. The Planning Board may, at its discretion, alter the following schedule of open space and active recreation facilities required or require equivalent facilities.
[Added 12-14-2009 by Ord. No. 2110-09]
Dwelling Units
Tot-Lot
Multipurpose Field
Tennis Court
Basketball Court
8 to 25
1
26 to 50
1
1
50+
1
1
1
1
(1) 
Tot-lots shall be a minimum of 5,000 square feet, excluding areas required for fencing, buffering or walkways and shall contain, as a minimum, the following Improvements:
(a) 
Four-foot-high fence with gate and/or other landscape buffering or screening bordering residential properties and roadways.
(b) 
Two benches, each to be eight feet long and constructed of aluminum.
(c) 
Two table-and-bench sets.
(d) 
Ground cover shall be in accordance with the requirements of the New Jersey Uniform Construction Code, Playground Safety Subcode.[1]
[1]
Editor's Note: See N.J.A.C. 5:23-11.1 et seq.
(e) 
One swing set with four swings, two of which shall be tot swings, one tot chair and one slashproof belt seat with an outside diameter of 2 3/8 inches; legs and top rails, with fittings with outside diameters of 2 7/8 inches, eight feet in height.
(f) 
One single-platform whirl, seven feet eight inches in diameter.
(g) 
Two saddle mates with metal "c" springs.
(h) 
One climber, two feet by 12 feet, with a height of approximately four feet seven inches.
(i) 
One sandbox, 15 feet by 15 feet.
(2) 
Multipurpose fields shall be a minimum size of 250 feet by 420 feet, exclusive of area required for fencing, screening, buffering and parking facilities or other ancillary facilities, and shall contain, as a minimum, the following improvements:
(a) 
Completely grassed field.
(b) 
Baseball/softball backstop in one corner of the site.
(c) 
Football/soccer field goal posts made of pipe at each end of the field.
(d) 
A minimum slope of 2% and maximum slope of 3%.
(e) 
Night lighting may be required by the Planning or Zoning Board of Adjustment. If required, night lighting with timers shall be approved by the City Planning Consultant.
(3) 
Tennis courts shall be of regulation sealer and in all cases shall be constructed in pairs (two courts) and shall be constructed as follows:
(a) 
The courts shall be four inches of bituminous stabbed base on a properly prepared subgrade as set forth by the City Engineer, on 1.5 inches of FABC leveling course, and one-and-one-half-inch SP-1 vinyl latex top course and shall be color-coated with light green for the in-play and brick red for the out-of-play. The sealer shall be California Products Corporation or equal as approved by the City Planning Consultant.
(b) 
There shall be one set of ground sockets set in concrete on each court.
(c) 
There shall be one set of tennis posts, 3 1/2 inches outside diameter, with heavy-duty nylon tennis nets on each court.
(d) 
There shall be one reel per court.
(e) 
Tennis courts shall be surrounded with a twelve-foot-high green vinyl chain link fence with entrance gate and buffered planting as designated by the City Planning Consultant.
(f) 
Night lighting may be required by the Planning or Zoning Board. If required, night lighting with timers shall be approved by the City Planning Consultant.
(g) 
One bench, eight feet in length and constructed of aluminum, shall be installed at each court.
(4) 
Basketball courts shall be a minimum size of 50 feet by 84 feet and shall contain, as a minimum, the following requirements:
(a) 
Two fan-shaped aluminum basketball backstops.
(b) 
Two basketball posts, 4 1/2 inch outside diameter, with forty-eight-inch extension.
(c) 
Two double-ring and double-brace goals with metal nets.
(d) 
Four inches of bituminous stabbed base course on a properly prepared subgrade as set forth by the Township Engineer, 1.5 inches of FABC leveling course and one-inch SP-1 vinyl latex top course.
(e) 
Night lighting may be required by the Planning or Zoning Board. If required, night lighting with timers shall be approved by the City Planning Consultant.
(5) 
Pedestrian, bicycle and fitness trails.
(a) 
Pedestrian and bicycle trails when constructed as one trail, shall be a minimum of 10 feet wide. Fitness trails are to be a minimum of three feet wide. Trails should be constructed free of branches or other obstructions, are to have a minimum slope of 2% and should follow the contour of the area, where possible. Trails should be constructed of two-inch FABC-1 surface course over six inches of quarry blend. Paths should generally follow ground contours, streams, lakes, ponds or other natural features and shall have a destination. When crossing roadways in a development, appropriate depressed curbing, signs and crosswalk striping shall be provided.
(b) 
Walkways and bicycle paths shall have information signs. If trails are designed to be specifically used for bicycles, then a sign marked with the international bicycling symbol shall be used. The path system shall meet the following requirements:
[1] 
Fitness trails shall be a twenty-piece unit with information signs explaining use of each apparatus (wooden units);
[2] 
Pedestrian walkways shall have one aluminum park bench, six feet in length, for every 1/2 mile, and information signs shall be placed at various points of interest along the trail.
(6) 
Barrier-free site designs for the disabled. All tot-lots, playgrounds, tennis/basketball courts, parks and any other recreation areas shall be barrier-free so as to allow accessibility for the disabled. Such areas are to be fully accessible, both in the active areas as well as in the passive areas, and shall contain, as a minimum, the following requirements:
(a) 
There shall be two parking spaces for the handicapped with international disabled person symbol.
(b) 
Walkways shall be a minimum of six feet wide for easy mobility.
(c) 
There shall be access ramps where steps are otherwise required on entrance to any recreational site. Ramps shall be four feet wide with two continuous handrails 32 inches high. All ramps shall be designed to meet ADA requirements.
(d) 
Gates on all chain link fences shall have a clear opening of 36 inches.
(e) 
On all walkways which cross roads or sidewalks, a depressed curb shall be provided for accessibility by the handicapped.
(7) 
In developments of over 150 dwelling units, consideration shall be given toward a recreation center/community multipurpose building. Such facilities should be within walking or easy biking distance of the majority of the residents it is intended to serve.
(8) 
Consider jogging trails and exercise areas a residential age-restricted project. Provide benches and sitting areas along pathways, where appropriate, and particularly where they can incorporate or provide views of a significant landscape feature, recreational facility or interesting site design of the project. Consider an area reserved for small garden plots in larger developments.
L. 
The Planning Board may require a developer to make certain site preparation improvements to the open spaces and may require that the site preparation improvements be made a part of the plan and noted therein. These improvements may include, as a minimum, the following:
[Added 12-14-2009 by Ord. No. 2110-09]
(1) 
Removal of dead or diseased tries.
(2) 
Thinning of trees or other growth to encourage more desirable growth.
(3) 
Grading and seeding.
(4) 
Improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and other similar devices.
[Added 12-14-2009 by Ord. No. 2110-09]
A. 
Air quality. No use governed by federal or state air quality regulations shall emit into the air heat, odor, vibrations, noise or any other pollutant which exceeds the most stringent requirements of the applicable federal or state regulations.
B. 
Emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Bureau of Air Pollution Control, NJDEP, pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate.
C. 
Toxic and radioactive substances. Emission of chemicals, gases, components or elements listed as being toxic matter by the American Conference of Governmental Hygienists, New Jersey Department of Labor or the United States Environmental Protection Agency shall not exceed the threshold level. Proof of compliance shall require the submission of copies of certificates or permits from the New Jersey Department of Environmental Protection approving the concentrations, level or loading proposed by the applicant. There shall be no radioactive substances associated with any use.
D. 
Drainage. No stormwater or natural drainage which originates on the property or water generated by the activity (e.g., air conditioners, swimming pools, etc.) shall be diverted across property lines unless transported in an approved or existing drainage system.
E. 
Electronic equipment. All electric or electronic devices are subject to the provisions of federal and state laws and regulations, including 42 U.S.C. § 263b et seq., "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation," and the applicable regulations and guidelines promulgated by the Secretary of the Department of Health and Human Services. Electronic products shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property lines. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedures and standards established by the United States Department of Health and Human Services adequately demonstrate compliance with the minimum standards required by law. All other forms of electromagnetic radiation lying between 100 KHz and 10 GHz shall be restricted to the technical limits established in the Federal Community Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line (or beyond the operator's dwelling unlit in the case of multifamily dwellings) as the result of the operation of the equipment.
F. 
Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.
G. 
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewage treatment plant which has received approval by the New Jersey Department of Environmental Protection.
H. 
Noise. Noise levels shall be designated and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection as they may be adopted and amended.
(1) 
Noises shall not exceed 55 dba in residential districts and 65 dba in all other districts, measured on or beyond the neighboring use, lot line or district boundaries.
(2) 
Noises such as alarms, sirens, emergency warning devices, motor vehicles, clock bells or church bells are excluded from the above limitations.
I. 
Odor. Odors shall not be discernible at the lot line or beyond. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
J. 
Verification. No use shall obstruct the ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines at least 10 feet or equipped with baffles to deflect the discharged away from the adjacent use. Air conditioners and vents on rooftops shall be screened from view.
K. 
Vibration. Vibration levels shall not exceed a particle velocity of 0.05 inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m., said velocity shall not exceed 0.02 inch per second in residential districts.
L. 
Visibility. At the intersection of roadways or at any point of entry onto a public roadway, no structure or planting which obscures vision above a height of 2 1/2 feet above grade shall be permitted within a clear sight triangle.
M. 
Storage. All outdoor storage facilities for fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence and suitable landscaping to screen such areas from public view and must comply with this chapter's landscaping and buffering requirements.
N. 
Waste. No materials, wastes or other substances shall be stored or maintained upon a lot in such a manner that natural runoff from such areas on a site with an approved stormwater drainage plan can impair the existing water quality of a stream, watercourse or aquifer more than the primary use intended for the lot.
[Added 12-14-2009 by Ord. No. 2110-09]
The following general design guidelines shall be used to prepare and review the physical, visual and spatial characteristics and overall appearance of a development plan and building(s) in relationship to the existing streetscape, neighborhood and district in which such is located and to the City generally:
A. 
Consideration of context. An individual development plan shall not be considered on its own, but with sufficient regard to the existing streetscape neighborhood and district in which it is located and to the City generally. Consideration shall be given to abutting and nearby properties and the existing buildings, site improvements and open spaces located thereon and in adjacent portions of the public right-of-way.
B. 
Urban design elements. The physical, visual and spatial characteristics of a streetscape, neighborhood, district and the City generally shall be established and reinforced through the consistent use of compatible urban design elements. Such urban design elements shall relate the physical, visual and spatial characteristics of an individual development to other existing and planned developments in a harmonious manner, resulting in a coherent overall development pattern for an entire streetscape, neighborhood and district and in the City generally. A development plan shall relate to and reinforce urban design elements where such exist, as established by an urban design element inventory conducted of the streetscape, neighborhood and district in which such development is located. If a site is located in a streetscape, neighborhood or district where existing design elements are weak or nonexistent, the development plan shall establish design elements that relate to the community generally, based on an urban design inventory of the City. In the case of an addition or renovation to an existing building, the development plan shall also relate to and reinforce design elements of such existing building. Urban design elements to be addressed in a development plan shall include but not be limited to the following:
(1) 
Scale, as defined by the height of a building and its component elements.
(2) 
Massing, as defined by the shape, dimensions and volume of the solid form of a building.
(3) 
Proportion, as defined by comparing the width of a building wall to the height of the same.
(4) 
Rhythm of solid to voids, as defined by comparing the solid portions of a building wall to the voids formed by door and window openings and recesses in the same.
(5) 
Horizontal courses, as defined by the base course, middle wall section, belt courses and cornice of a building.
(6) 
Projections and recesses, as defined by the projections formed by such elements as bay windows, dormers, cornices and eaves from the building wall surface and the indentations formed by such elements as porch and window recesses from the same.
(7) 
Roof form, as defined by the type, shape and pitch of the roof of a building.
(8) 
First floor elevation, as defined by the height of the first floor level of a building from the ground and any elements, such as stairs, that facilitate transition between levels.
(9) 
Entrance treatment, as defined by the placement and articulation of the entrance to a building.
(10) 
Street orientation, as defined by the visual and functional orientation of the front facade and entrance of a building to the street and sidewalk.
(11) 
Footprint, as defined by the location and coverage of the lot by the building area of the ground floor.
(12) 
Setbacks, as defined by the dimensions a building is set back from front, side and rear lot lines.
(13) 
Yard areas, as defined by the areas of open space remaining between front, side and rear lot lines and a building.
(14) 
Architectural style, materials, colors and details.
(15) 
Signage.
(16) 
Shade trees.
(17) 
Lampposts and other lighting fixtures.
(18) 
Landscaping.
(19) 
Walk and fencing.
(20) 
Sidewalks and walkways.
(21) 
Benches, trash receptacles and other street or site furniture.
[Added 12-14-2009 by Ord. No. 2110-09]
A. 
In the site planning and layout of single-family detached, townhouse, multifamily and higher density residential developments, the following principles, as appropriate, shall be considered:
(1) 
Within any residential district, no building with a permitted professional home office or home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential areas.
(2) 
All new housing may be oriented on the lot so either the major axis or the minor axis of the house is parallel to the street line. In all cases, however, the facade facing the street line must be designed to complement the street. Architectural articulation using such elements as windows, doors and/or porches is required. Blank facades facing the street line shall not be permitted.
(3) 
The City Council hereby finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhood tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impairs existing residential property in such areas, tend to impair the value of both improved and unimproved real property in such areas and tends to deprive the municipality of tax revenue and destroys a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this section to prevent these and other harmful effects of uniformity in design and appearance of dwellings erected in any housing development in the same residential neighborhood and thus to promote and protect the general welfare of the community:
(a) 
Not more than one construction permit shall be issued for any particular single-family detached dwelling unit design in any housing development consisting of two or more detached dwellings when the houses are substantially alike in exterior design and appearance, unless such similar houses either are separated by a distance of at least 200 feet or are situated on individual lots which are themselves separated at all points by a distance of at least 100 feet, whichever distance will provide the least separation between houses.
(b) 
Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:
[1] 
The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.
[2] 
The height and design of the roofs are without substantial change in design and appearance.
[3] 
The size and type of windows and doors in the front elevation are without substantial differentiation.
(c) 
In addition, there shall be not less than one basic house design and two different exterior elevations in every housing development consisting of eight or fewer houses; not less than two basic house designs and four different exterior elevations in every housing development consisting of nine to 15 houses; not less than three basic house designs and six different exterior elevations in every housing development consisting of 16 houses to 50 houses; not less than four basic house designs and seven different exterior elevations in every housing development consisting of 51 houses to 77 houses; and not less than four basic house designs and eight different elevations in every housing development consisting of 78 houses or more.
(d) 
To ensure conformity with the provisions of this chapter, no construction permit shall hereafter be issued for more than one dwelling in any housing development until the builder shall post or cause to be posted, on each specific lot on the map of the subdivision on file with the Construction Official, the type and model of each house for which a construction permit has been or is being issued.
(e) 
The provisions, requirements and standards heretofore set forth shall not be considered met where there is an attempt to make minor changes or deviations from building plans and location surveys, which changes show an obvious intent to circumvent the purpose of this section.
(f) 
Building elevations and floor plans for each required house design must be submitted for review to the Planning Board at final subdivision. Where an applicant has no immediate plans for construction, these building elevations and floor plans must be submitted for review to the Planning Board prior to the issuance of a building permit.
(4) 
The front facade of a single-family detached or townhouse unit shall reflect a traditional character. Awnings, open and useable porches, stoops, bay windows and/or balconies and other decorative entries are required and may encroach into building setback lines.
(5) 
Garages are discouraged along the main front facade of single-family detached and townhouse units and are prohibited forward of such facades. Garages may be front-, side- or rear-entry types. Windows are encouraged in the walls of such garages to admit light and eliminate blank walls. Sufficient storage area to accommodate tools, auto accessories, trash/recyclable materials storage, lawn and garden maintenance equipment, etc., should be considered in sizing the garage so that an accessory storage structure will not be necessary. Individual bay overhead garage doors are encouraged. Detached garages should be offered as a permitted option on certain available single-family detached and semidetached units.
(6) 
All single-family detached and townhouse units are encouraged to have clearly defined front yards using landscaping, hedging, fencing or a brick or stone wall, none of which shall exceed three feet in height.
(7) 
Where the rear of the townhouse units is visible from an exterior or interior street, such building elevations and yard areas shall be specially designed and treated to present a pleasant appearance to such street.
(8) 
Townhouse buildings shall consist of no more than six townhouse dwelling units in order to prevent the development of long and monotonous buildings. There shall be different roofline height and vertical offsets in each overall townhouse building. No more than two adjacent townhouse units shall have the same building offset, which shall vary by at least four feet.
(9) 
All single-family and townhouse dwelling units shall have private outdoor space, which may include a deck, patio and/or terrace. Such outdoor space shall be enclosed, as appropriate, by a decorative wall or fence, evergreen hedge, or combination thereof.
(10) 
Each building or complex or buildings shall have an architectural theme with appropriate variations in design to provide attractiveness to the development compatible with the development and in its relationship to adjacent land uses. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings as well as from varying unit widths, using different exterior materials, changing roof lines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors. Architectural elevations shall be submitted to the Planning Board for review and approval.
(11) 
All dwelling units shall be connected to approved and functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
B. 
In the site planning and layout of nonresidential developments, the following principles, as appropriate, shall be considered:
(1) 
Site design criteria.
(a) 
Passive-solar design orientation shall be encouraged.
(b) 
Through the site access locations and on-site circulation and building layout there shall be minimum conflicts among service vehicles, private automobiles and pedestrians on the site.
(c) 
Visitor building entrances and vehicular enhance driveways shall be readily identifiable and accessible to the first-time visitor.
(d) 
Building entries shall be highlighted by such features as: outdoor patios; ceremonial entry porte-cocheres; plazas; crosswalks or other landscape features; special planters and plantings; specially treated architectural walls; covered walkways; and recesses, projections and arches.
(e) 
The visual impact of large surface parking lots located in front of buildings and along street frontages shall be minimized with landscaping, landscaped earthen berms, and pedestrian systems and/or by making parking lots smaller.
(f) 
Buildings and structures shall be arranged and clustered to maximize opportunities for shared circulation, parking, loading, pedestrian walkways and plazas, recreation areas, transit-related facilities and day and night security surveillance.
(2) 
Building massing and form.
(a) 
The architectural character of each proposed building or structure shall be of a contemporary design and style.
(b) 
All buildings shall have a horizontal appearance brought about by the use of horizontal bands and fascia to minimize the verticality of the structure. Materials, colors and finishes shall be coordinated in all exterior elevations of each building to achieve sympathy of expression.
(c) 
No commercial statements of the occupant's products or services shall be allowed as part of the building facade or elevation with the exception of signage.
(d) 
Architectural designs shall be evaluated in terms of the sensitive integration of form, textures and colors with the particular landscape and topographic characteristics of each individual site.
(e) 
Groups of related buildings shall be designed to present a harmonious appearance in terms of style and use of exterior materials, fenestration and roof type.
(f) 
Accessory buildings shall be architecturally treated in the same manner as a principal structure(s).
(g) 
Building exterior walls shall be visually reduced to human scale by: grouping into smaller or multiple structures, mature landscaping and land form manipulation, wall texture placement, clustering small-scale elements such as planter walls around the major form, creation of a horizontal shadow line and offsets and/or breaks in the building line.
(h) 
Radical theme structures or signage, building and roof forms which draw unnecessary attention from streets to the building shall not be acceptable.
(i) 
The primary building objective is to maintain an architecturally harmonious complex or development. Each building should be sensitive to the immediate neighboring structure, and drastic variations in scale, texture or colors shall not be permitted.
(j) 
The exterior design of all permitted buildings on lots which abut a residential district or any street opposite land in a residential district shall be in harmony with the general character of the residential neighborhood through the use of building materials and colors.
(k) 
The primary building objective shall be to maintain an architecturally harmonious development. Each building shall be sensitive to the immediate neighboring structure. Inconsistent variations in scale, texture or colors shall not be permitted.
(l) 
Opportunities to provide walkway systems to adjoining buildings, including common plazas or courtyards, are encouraged.
(3) 
Building appearance.
(a) 
To maintain a high standard of construction and appearance and to provide interesting and tasteful exterior, the exterior walls of each building shall be constructed of durable, permanent architectural materials compatible with campus-like standards, tastefully handled, i.e., carefully selected brick, or stone with a weathered face or that is polished, fluted or broken-faced. Predominant exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.
(b) 
Preengineered metal buildings, industrial-type structures featuring predominantly painted exteriors, and corrugated-metal-sided or clapboard-aluminum-sided "Butler"-type buildings shall not be permitted.
(c) 
Building roofs are to be uncluttered. Vertical roof projections such as towers, vents, stacks or roof-mounted equipment shall be avoided. Any penetrations through the roof (i.e., mechanical equipment or skylights) must be organized in a manner that is integral to the architectural form of the building or completely screened from view by parapet walls or approved enclosures. Screens shall be attractive in appearance and reflect or complement the architecture of the building to which they belong.
(d) 
Design of canopies shall be in keeping with the design of the building.
(e) 
Loading areas shall be screened using architectural walls and/or landscaping.
(f) 
All facade materials must be maintenance free. There shall be no exposed common concrete block on the exterior of any building, and painted concrete block shall not be permitted.
(g) 
Window treatments shall be required along the front and sides of all buildings.
(h) 
Drainage pipes on building surfaces must be on the interior and not exposed.
(4) 
Building color and texture.
(a) 
Simple and uniform texture patterns are encouraged to create shadow patterns which will reduce the high visibility of the building.
(b) 
Variations in color shall be kept to a minimum.
(c) 
Colors shall be subdued in tone.
(d) 
Accent colors may be used to express individual or corporate identity.
(5) 
Parking and circulation.
(a) 
Each development site must provide adequate off-street automobile parking and loading facilities, and no parking or loading facilities shall be permitted on any street, entrance drive or any place other than in an approved location. Off-street parking and loading design shall conform to those standards identified in this chapter, although actual design may be based on site experiences at other locations. It may not be necessary to pave the entire parking area established by ratios found in this chapter where it can be demonstrated by the applicant that the minimum chapter requirements are in excess of need.
(b) 
Parking areas shall provide safe, convenient and efficient access. They shall be placed next to buildings in order to shorten the distance to other buildings and sidewalks and to reduce the overall scale of the paved surface.
(c) 
All parking areas shall be screened from streets and adjacent parcels by fencing and/or walls plus landscaping to assure that the visual effect of large paved areas and standing automobiles is minimized and that the effect of the natural landscape and the architecture dominates. Parking areas shall also be subdivided by planting islands containing trees and other landscape materials. Planting islands shall be located at selected intervals where they will aid in reducing the visual expanse of pavement areas.
(d) 
The number of access drives per lot or parcel shall be subject to Planning Board review to ensure the intended landscape continually within the setbacks, while allowing the necessary flexibility for development of individual lots. As a planning guide, each parcel shall be limited to one access drive, and no parcel should have more than two access drives. Consolidation of access drives on adjacent parcels shall be encouraged, particularly when adjacent parcels are developed simultaneously. This will reduce the number and area of driveway openings on a given length of a roadway, as well as provide greater latitude in developing the sites.
(e) 
Parking areas shall be located to maximize the potential for shared parking between uses. Parking areas shall be designed and located so as to facilitate transit, bicycle and pedestrian access. Parking spaces closest to the building entrances, in order, shall be reserved for:
[1] 
People with disabilities (all types of parking);
[2] 
Employee vanpool vehicles; and
[3] 
Employee carpool vehicles.
(f) 
Any new parking structure shall be subject to variable setbacks to assure the appropriateness of a use at its proposed location.
(g) 
Bicycle lockers and/or stands shall be provided as close to building entrances as possible and may be located in front of a building. If the building is served by a bus line, a bus pullout or parking stop and a bus shelter shall be provided as close to a building entrance as possible, either within the street right-of-way or on the site.
(h) 
Some textured crosswalks shall be used where pedestrians come in contact with vehicular traffic. All walks must be well lighted. On-site pedestrian linkages may connect buildings to external perimeter pedestrian systems.
(6) 
Traffic management and planning. The applicant may be required to submit a traffic management plan to incorporate one or more of the following: staggered work hours; flex-time; four-day work week; mass transit; park and ride; and carpooling and vanpooling. The plan shall establish traffic reduction goals and propose how such goals will be addressed and satisfied by the applicant.
(7) 
Landscaping.
(a) 
Landscaping shall be required in those areas that are designated as required setback areas, areas within parking lots, areas not used for ingress, egress, parking or storage and areas subject to grading and recontouring. Although each site could have a different building configuration and use, and in some cases individual owners, an overall landscape theme dealing with major design elements shall be established. These elements shall include:
[1] 
Setback and buffer areas along roadways as well as adjacent residentially zoned areas and properties;
[2] 
Parking lots and areas around buildings. On individual sites, flexibility in design and choice of landscape materials is encouraged, provided such designs utilize and/or augment suggested plant materials and plant sizes. Rear and side yards shall be landscaped as to provide an effective screen, at the time of planting, to obscure from view at ground level the permitted use from adjoining primary uses of a dissimilar nature.
(b) 
The design and development of landscaping shall:
[1] 
Enhance the appearance of the site internally and from a distance;
[2] 
Include street trees and streetside landscaping;
[3] 
Provide an integrated open space and pedestrian way system within the development with appropriate connections to surrounding properties;
[4] 
Include, as appropriate, bike paths, bike lanes, sidewalks, pedestrian walkways and/or jogging trails;
[5] 
Provide buffering or transitions between uses;
[6] 
Provide conveniently located outdoor eating areas;
[7] 
Provide outdoor recreation areas appropriate to serve all the uses within the development;
[8] 
Provide for the screening of an industrial or commercial development from adjoining residential and nonresidential uses through stands of suitable coniferous trees with interspersed flowering and deciduous trees deemed appropriate as part of an integrated landscape plan that is reviewed and approved by the Planning Board.
(c) 
Landscaping shall be designed and installed in accordance with professional standards, and all landscape plans shall be subject to Planning Board review and approval. All such landscaping, including lawn areas, trees and shrubbery shall be maintained in excellent condition by cutting, trimming, feeding, watering and weeding. Plants shall be replaced as may be required by ordinance. Landscaping shall be installed upon the substantial completion of the building, weather permitting, and an underground irrigation system may be required by the Planning Board in some or all landscaped areas.
(d) 
Existing vegetation to be preserved on each site shall be designated on each plan prior to construction. Techniques to be employed to preserve such vegetated areas shall be submitted to the Planning Board for review and approval. Such techniques shall address the following elements of tree structure so as to avoid damaging effects during and after construction to these elements: crown; branch system; dripline; existing grade, drainage and soil character; root system; and feeder root system. All trees that are not to be preserved are to be removed in a manner that will not damage the remaining trees. Any trees to remain which have been damaged during the clearing operation must be repaired in an approved manner by a qualified New Jersey arborist (tree expert) as soon as final clearing has been completed.
(e) 
All required planting and screening shall be maintained in good condition at all times.
(8) 
Drainage.
(a) 
Each parcel's stormwater drainage will be collected on site and released at an approved location or locations. After being temporarily detained in basins, the stormwater will be released at a controlled rate into the channel systems which become part of the natural drainage watershed. In cases where water drains onto the parcel from adjacent parcels, the drainage system will provide for the inflow, unless special arrangements are made to the contrary.
(b) 
Stormwater detention areas may be necessary to ensure recharge of sensitive groundwater systems at a rate equivalent to the natural site conditions before development. Determination of this need will be made by the City Engineer on the basis of topography, subsoil characteristics, aquifer characteristics and ground coverage. The requirement of a detention area will be established after review of the plan at the schematic design stage, at which time the coverage and grading can be properly determined. Engineering design standards should be based on those governing City stormwater management as advanced by the New Jersey Department of Environmental Protection.
(9) 
Lighting.
(a) 
Well designed soft lighting of the building exterior shall be permitted, provided that the lighting complements the architecture. The lighting should not draw inordinate attention to the building.
(b) 
Parking lot, service area and roadway lighting shall be provided by provided by either wall-mounted and/or freestanding fixtures designed to minimize glare to the street and adjacent properties. The type of fixture and color of lamping will be evaluated for their compatibility with existing street lighting, building architecture and natural site characteristics.
(c) 
The lighting for pedestrian walkways may include either cutoff or exposed sources, but the height and intensity of the light must be subdued.
(d) 
All lighting shall be designed and installed to avoid off-site spillage halo effect to the greatest extent reasonably possible and consistent with public safety. Light sources should not be visible from outside the boundaries of the site.
(e) 
All lighting designs and installation are subject to Planning Board review and approval.
(10) 
Utilities. All utilities and related appurtenances on the site shall be underground or located in a building or structure.
(11) 
Street and park furniture, plazas and community spaces.
(a) 
Street furniture includes benches, waste containers, planters, phone booths, bus shelters, bicycle racks, water fountains and bollards. Street furniture must be compatible with the architecture of surrounding buildings, the character of the area and other elements of the streetscape. Consistency in the selection and location of the various elements of street furniture is critical for maximum effect and functional usage.
(b) 
Park furniture includes benches, waste containers, picnic tables, play equipment, gazebos, bicycle racks, water foundations and bollards shall be required. Park furniture should be selected to chance the character of the park and the character of the area and other elements of the streetscape. Consistency in the selection and location of the various elements of park furniture is critical for maximum effect and function usage.
(c) 
The design of a building's related entrance areas, plazas or terraces may vary based on the intentions and needs of individual building owners. At a minimum, however, building entrances shall be highlighted with plant materials and paved surfaces.
(d) 
In time, the need for varied forms of street furniture beyond signage may arise. For example, introduction of a public or private transit system may necessitate bus shelters. As such needs become formalized, the developer must prepare a basic design vocabulary to cover such individual needs consistent with the overall design program. Every development shall include some or all of these community spaces: patio/seating areas, pedestrian plazas with benches, window shopping walkways, outdoor playground areas, kiosk areas, water feature, clock tower or other such deliberately shaped area and/or a focal feature or amenity that in the judgment of the Planning Board adequately enhances such community and public spaces. Any such areas shall have direct access to a sidewalk network, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.
(12) 
Screening of loading and service areas. All loading docks and service areas must be sufficient to serve the business being conducted on the parcel without using adjacent streets. No loading and service areas shall be visible from any neighboring property or adjacent street. Provisions must be made for handling all freight on those sides of the buildings which do not face a street. The recommended method of screening shall consist of walls and gates compatible in color and texture with the building material, buffered by deciduous and evergreen shrubs and trees, so as not to be visible from neighboring properties and streets. Delivery and loading operations shall not disturb adjoining residential neighborhoods or other land uses.
(13) 
Refuse collection and recycling.
(a) 
All outdoor containers shall be visually screened within a durable, noncombustible enclosure, so as not to be visible from adjacent lots or sites, neighboring properties or streets. No collection areas shall be permitted between a street and the front of a building. Appropriate landscaping shall be installed to form a year-round effective visual screen at time of planting.
(b) 
Collection areas should be effectively designed to contain all material generated on site and deposited between collections. Deposited materials should not be visible from outside the enclosure.
(c) 
Collection enclosures should be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme.
(d) 
Collection areas should be so located upon the site as to provide clear and convenient access to collection vehicles. Refuse collection and recycling areas shall not be located within parking areas or required landscaped yards and buffers.
(e) 
Collection areas should be designed and located upon the property as to be convenient for the deposition of material generated on site. An option to reduce the visual impact of the collection containers is to store and compact material inside the building at the service area, thus eliminating the need to screen outside containers. Delivery, loading, trash removal or compaction, or other such operations, may be limited by the Planning Board between certain hours where noise impacts at the lot line of any adjoining residential property or district shall be required to meet City and state requirements. Also, the applicant shall provide an effective litter management plan, subject to Planning Board approval. Such management plan shall be submitted with an application for final site plan approval.
(14) 
Storage.
(a) 
No open storage shall be permitted on any site. No articles, merchandise, products, goods, materials, incinerator, storage tanks or like equipment shall be kept in the open or exposed to public view, and no accessory use shall be constructed to permit open storage of materials or goods on a lot.
(b) 
Nonenclosed areas for storage shall be permanently defined and screened with walls and/or fences. Materials, colors and designs of screening walls and/or fences shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall also conform to those used as predominant materials and colors on the building.
(15) 
Fence and walls. Fences are not desirable and shall be approved only for limited service and/or storage areas. Chain link fencing shall be permitted but it is not generally desirable. Decorative fences or walls shall be used to screen services and loading areas, private patios or courts. They may be used to enclose recreational areas or to secure sensitive areas to uses such as vehicle storage areas. Fences and walls shall not be located where they impede pedestrian or bicycle circulation through or between site areas. If approved, all fences and walls shall be designed as integrated parts of the overall architectural and site designs. All materials shall be durable and finished in textures and colors complementary to the overall architectural design. No hedge, wall or fence of any type shall be erected or maintained if it is deemed a safety hazard in obstructing the view of motorists.
(16) 
Maintenance. All site improvements, including, but not limited to, streets, drives, parking lots, drainage areas, culverts, curbing, buildings and lighting must be maintained in good condition and repair by either the owner or other designated entity. Such maintenance includes, but is not limited to, the following:
(a) 
Prompt removal of all litter, trash, refuse and wastes;
(b) 
Lawn mowing;
(c) 
Tree and shrub pruning;
(d) 
Watering;
(e) 
Keeping exterior lighting and mechanical facilities in working order;
(f) 
Keeping lawn and garden areas alive, free of weeds and attractive;
(g) 
Keeping parking areas, driveways and roads in good repair;
(h) 
Complying with all government health and police requirements;
(i) 
Striping of parking areas and repainting of improvements;
(j) 
Repair of exterior damages to improvements.
(17) 
Sidewalks and/or pathways.
(a) 
Sidewalks and/or pathways shall be installed by the applicant within perimeter landscape areas along streets and drives.
(b) 
On-site pedestrian circulation systems shall be provided to meet the circulation needs of on-site users. Such systems shall provide safe, all-weather, efficient and aesthetically pleasing means of on-site movement and shall be an integrated part of the overall architectural and site design concept.
(c) 
Sidewalks shall be provided along the full length of the building along any facade featuring a visitor or customer entrance and along any facade abutting parking areas. Such sidewalks shall be located from the facade of the building to provide planting beds for foundations landscaping, except where features such as arcades or entryways are part of the facade. Pedestrian sidewalks shall provide weather protection features such as awnings or arcades when located close to customer enhances.
(d) 
Where appropriate, connections shall be made between on-site and perimeter sidewalk and/or pathway circulation systems.
(e) 
Pedestrian crosswalks shall be clearly delineated by a material different from the surrounding road surface through the use of durable, low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the sidewalk and/or pathway.
(18) 
Electrical and mechanical equipment. All exterior electrical and mechanical equipment at ground level, such as transformers, shall be screened and located at the side or rear of the building and away from entrances. Recommended screening methods shall include walls compatible with the building material, a plant material buffer utilizing a layered installation of shrubs, flowering trees and ground cover.
(19) 
Common open space. An adequate amount of open space may be provided and developed for on-site conservation and recreation facilities to service the needs of all employees and their visitors. The applicant shall submit a plan showing the proposed land area and general location of any land area to be set aside for conservation and recreational purposes and a general description of improvements to be made thereon, including a plan for operation and maintenance.
A. 
General.
(1) 
Landscaping provided as part of any development or redevelopment plan should provide for a variety and mixture of plantings. The site plan or subdivision plan should show the location, species, size at planting and quantity of each plant. A conscious effort shall be made to preserve the existing vegetation on site during the design, planning and construction of any development. Where new landscaping or lawn areas have been provided for nonresidential uses, underground irrigation of this area shall be provided, where practicable, feasible and necessary.
(2) 
All lots or parts of lots which are improved with a predominately nonresidential use and whose side or rear lines are adjacent to a residential zone and/or use shall be screened by landscaped transition areas or buffer strips or other such screening along side and rear lot lines as may be required by the Planning Board.
(3) 
Landscape buffer strips shall be provided to minimize and screen any adverse impacts or nuisances on a site or from an adjacent area or site. Yard requirements may be deemed to be included a part of a buffer from any adjacent site or area. A buffer is an area of land that serves as a vegetated shield between uses that is separate and distinct from any other required setbacks. Buffering shall be provided between residential and nonresidential uses.
(4) 
The Planning Board may waive the buffer strip requirement where existing natural or man-made physical barriers provide an effective visual separation between residential and nonresidential uses.
(5) 
Each permitted use shall provide suitable buffers in order to protect the character and to minimize any adverse impacts or nuisances to adjoining properties. Buffers shall be located around the perimeter of the site to minimize glare from headlights of vehicles, to minimize noise, to shield light from structures, to shield the movement of people and vehicles from adjacent property and to shield activities from adjacent properties. Buffers are fences (not chain link), walls, landscaping, berms and mounds used to minimize any adverse impacts or nuisances on the site from adjacent areas. The applicant shall incorporate into its landscaping plan submitted with the subdivision or site plan a buffer design plan which shall incorporate the following principles:
(a) 
Buffers shall be located along property lines, shielding various uses and activities from each other.
(b) 
A buffer shall consist of lawn areas and massed evergreen and deciduous trees and shrubs planted in a manner that will provide a continuous visual screen throughout the entire year.
(c) 
The height of shrubs planted in a buffer strip shall be measured from the ground level around the base of the shrub to the topmost part of the shrub, once the shrub has been properly planted in the ground.
(d) 
Where an area required for a buffer is already wooded, it shall be left in its natural state, and existing growth shall be supplemented with additional suitably landscaped in accordance with an overall landscape plan. All landscaping shall be consistent with the natural surroundings and shall be properly maintained throughout the life of any use on said lot. Existing trees or landscaping located within 20 feet of any street or lot line or zone boundary shall not be removed except with the written approval of the Planning Board, nor shall the existing grade within that space be disturbed without such approval.
(e) 
Buffers shall be created to minimize noise; to provide relief from views of loading areas, trash enclosures, parking areas and the like; and to provide a horizontal and vertical separation between different land uses.
(f) 
Existing vegetation shall be incorporated into buffers wherever possible.
(g) 
All buffers shall be a mixture of trees and shrubs which are predominantly evergreen, as approved by the reviewing agency, and shall provide the equivalent of two staggered rows of evergreen trees, each tree planted 15 feet apart. Evergreen trees shall be six to eight feet tall, balled and burlapped and sheared. Shrubs shall be a minimum of three feet tall.
(h) 
Detention basins and retention ponds shall not be included within buffer areas.
(i) 
Where multiresidential or townhouse structures adjoin a single-family area, a buffer 15 feet in width shall be provided within the multiresidential or townhouse area unless specified at a greater dimension by the Planning Board. Where single-family residential is adjacent to a nonresidential use or zone, a buffer 25 feet in width shall be provided along with privacy fencing.
(j) 
Buffers shall be provided to all districts.
(k) 
A buffer shall be at least five feet in width and shall be graded and planted with grass seed or sod and such other shrubbery or trees as may be necessary to buffer the area from an adjacent site or area. The entire area shall be attractively maintained and kept clean of all debris and rubbish.
(l) 
Fences or walls as buffers shall complement the structural type, design and color of the principal building.
[1] 
The plant materials, fences and/or walls utilized for screening purposes shall be sufficient to screen the subject area at all seasons of the year from the viewpoint of persons standing at an elevation approximately equal to that of the area to be screened on adjacent streets or properties.
[2] 
The required height of the buffer shall be measured in relation to the elevation of the edge of the adjacent area to be screened. In such cases where the ground elevation of the edge of the adjacent area, the required height of the buffer shall be increased in an amount equal to said difference in elevation. In the event that the ground elevation of the location at which the buffer is to be planted is greater than that at the edge of the adjacent area, the required height of the buffer may be reduced in an amount equal to said difference in elevation, provided that in no case shall the required height be reduced more than two feet. Where plant material is of inadequate height to properly act as a buffer, the earth shall be mounded and trees planted on the mound, or fencing shall be constructed.
[3] 
Any article or material stored outside an enclosed building as an incidental part of the primary operation on a lot shall be screened sa provided hereinafter by fencing, walls or evergreen planting.
[4] 
Where the Planning Board deems it necessary to assure an effective visual screen between nonresidential uses and streets or residentially zoned properties, the Board may require, in addition to landscaping, the provision of a fence of a type, height and design suitable for the purpose, provided that the height of such fence or screening shall not exceed eight feet.
(m) 
Other provisions of this chapter notwithstanding, the entire lot, except for areas covered by buildings or surfaced as parking, recreation or service areas, shall be seeded, sodded or planted with ground cover and suitably landscaped in accordance with an overall approved landscape plan.
B. 
Landscape plan. A landscape plan prepared by a certified landscape architect, planner, architect or engineer shall be submitted with each site plan and major subdivision application. The plan shall identify existing and proposed trees, shrubs and ground covers; existing landscaping to be removed; natural features such as rock outcroppings; and other landscaping elements. The plan shall show where they are or will be located and planting and/or construction details. Where existing plantings are to be retained, the application shall include the plan's proposed methods of protecting them during construction. The landscape plan shall also address landscape maintenance requirements. Every applicant for subdivision or site plan approval shall comply with the minimum landscape standard as outlined in this section. All plants listed in § 202-81.7, Invasive nonindigenous plant species, shall not be used (unless otherwise approved by the Planning Board), and all plants listed in § 202-81.8, Native plants of New Jersey, shall be used (unless otherwise approved by the Planning Board).
C. 
Site protection and general planting requirements.
(1) 
Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.
(2) 
Landscaping shall include plant materials such as trees, shrubs, ground covers, perennials and annuals and other materials such as rocks, water, sculpture, art, walls, fences, paving materials, lighting for aesthetics and street furniture.
(3) 
Landscaping shall be planned in such a way that the site requires as little use of potable water as possible to ensure the survival of the plants. Water conservation is a critical purpose of this section.
(4) 
Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of each cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
(5) 
All stumps and other tree parts, litter, brush, weeds, excess or scrap bulking materials or other debris shall be removed from the site. No tree stumps or portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may be used as mulch in landscaped areas, subject to approval by the City Engineer.
(6) 
Foundation plantings shall be required along all building elevations.
(7) 
Maximum effort shall be made to save fine specimens, including those trees with a diameter at breast height of five inches or more. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated on the landscape plan to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and slit fences are examples of acceptable barriers.
(8) 
Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground cover appropriate for the purpose and for soil conditions, water availability and environment.
(9) 
In residential developments, besides the screening and street trees required, additional plantings or landscaping elements may be required throughout the subdivision, where necessary for climate control, privacy or other reasons in accordance with the landscape plan as approved by the Planning Board. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of the landscape plan approved by the Planning Board.
(10) 
Deciduous trees shall be at least 3 1/2 inches in caliper at planting and shall be balled and burlapped. The size of evergreens should be six feet tall, and shrubs two feet tall, at planting but may be allowed to vary depending on the setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and trees, shrubs and ground cover shall be planted in conformance with American Association of Nurserymen standards. Dead and dying plants shall be replaced by the developer during the following planting season.
(11) 
The plant species selected should be hardy for conditions where proposed and appropriate in terms of function and size and be of a type requiring the least amount of watering for survival.
(12) 
Landscaped areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
(13) 
No buildings, structures, storage of materials or parking shall be permitted within any buffer area.
D. 
Street trees.
(1) 
The selection of street trees for planting may be based on designs that utilize trees of one species per street or street section, or one that utilizes a mixture of species, thoughtfully selected, placed and arranged to produce a formal or naturalized casual effect.
(a) 
Each tree selection method has its advantages and disadvantages. Uniformity and neatness are the advantages gained by planting trees of one kind. However, in large-scale planting, whole blocks might be affected if diseases, insects or other troubles occur. Another acceptable planting approach would be to alternate types from block to block, thus retaining the principle of uniformity while minimizing disadvantages.
(b) 
A naturalized type of planting is achieved when species or cultivars are mixed in the same block or neighborhood. This method of planting is more pleasing when streets are short or curved.
(2) 
All applications for development or redevelopment devoid of major trees along arterial and collector streets shall plant trees on centers of 40 feet. At intersections, trees shall not be planted closer than 30 feet from the intersection of the street right-of-way lines, except when the standards need to be increased for sight. The minimum caliper of the trees shall be three inches, measured 12 inches above ground.
(3) 
All trees shall be nursery-grown stock and shall have a root ball wrapped in burlap, with a replacement guarantee by the developer of two years.
(4) 
Street trees shall be substantially uniform in size and shape and shall have straight trunks.
(5) 
A hole in which a tree is to be planted shall be in each case 1/3 larger in width and in depth than the existing root ball or the particular tree to be planted. The hole in which the tree is to be planted shall contain proper amounts of topsoil and peat moss, but no chemical fertilizer shall be added until the tree has been planted for one year.
(6) 
Subsequent or replacement trees shall conform to the type of existing tree in a given area.
(7) 
Besides the deciduous and street tree requirements outlined above, additional trees shall be planted throughout the development or site in accordance with an approved landscape plan. The variety of plantings may vary to include flowering types and evergreens.
(8) 
The following street tree selection and design guidelines shall be adhered to:
(a) 
Street trees shall be located to establish rhythm which unifies overall street appearance.
(b) 
Trees shall be drought tolerant.
(c) 
Trees shall be relatively fast growing.
(d) 
Trees shall be readily available from approved nurseries.
(e) 
At maturity, trees must be prunable to a height of 14 feet.
(f) 
Trees shall be disease resistant and pest resistant.
(g) 
Trees must have noninvasive root systems to minimize pavement and sidewalk damage and potential conflict with utilities.
(h) 
Species within a large area shall be mixed to prevent disease problems which may be promoted by monoculture.
(i) 
New plantings shall be coordinated with existing tree plantings, where applicable.
(j) 
If a mixture of species is used within an area, tree species with similar form, height and character shall be specified. These qualities will promote uniformity and allow for a smooth visual transition between species.
(k) 
Upon planting, all street trees shall be immediately pruned up to a seven-foot branching height.
(l) 
Within sight triangles, a single tree may be permitted only with the site-specific approval of the City Engineer.
E. 
Parking area landscaping standards.
(1) 
Parking areas shall be suitably landscaped to minimize noise, glare and other nuisance characteristics, as well as to improve the environment of the site and surrounding area. Parking areas providing for more than 20 motor vehicle spaces shall be divided into modular parking bays having approximately the same number of stalls of not greater than 20 spaces each. A single row or line of spaces within a bay shall be not more than 10 spaces in length.
(2) 
Parking lots exposed to view shall have a minimum planted buffer of five feet in width on all perimeter areas abutting lot lines or street rights-of-way. This buffer shall include a continuous visual screen which is five feet in height at the time of planting and is 50% evergreen plant material or deciduous material which is demonstratively effective for screening purposes. The height of any required screen hedge or wall shall decrease where driveways approach sidewalks or walkways in order to provide adequate visibility of pedestrians from motor vehicles and shall not interfere with clear sight triangle requirements.
(3) 
In all parking lots of 10 or more spaces, at least 5% of the interior parking area shall be landscaped, and at least two trees for each 10 spaces shall be installed within landscaped islands. Parking lots of fewer than 10 spaces may not require interior landscaping if the Planning Board determines that there is adequate perimeter landscaping. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street.
(4) 
Concrete-curbed islands with a minimum radius of three feet shall be located at the end of each parking row and at an interval of every 10 spaces. These islands should contain one shade tree, minimum three inches in caliper and 14 feet to 16 feet in height, and shrubs not exceeding 24 inches in height.
(5) 
Where parking lots include parking stalls in a double-stacked arrangement, two rows of stalls that abut each other shall include a landscaped buffer between them along the entire length of the rows, having a minimum width of five feet. Such a buffer shall include one shade tree, minimum three inches in caliper and 14 feet to 16 feet in height, for every 20 feet of length.
(6) 
Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided where necessary and appropriate, shall be distinguished by textured paving and shall be integrated into the wider network of pedestrian walkways. Pavement textures shall be required on pedestrian accessways.
(7) 
Parking area landscaping should be located in protected areas such as along walkways, in center islands, at the ends of bays or between parking stalls and must be protected by a curb or similar abutment. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.
(8) 
Plant type shall be a mixture of hardy flowering and/or decorative evergreen and deciduous trees. The evergreens should be used along the perimeter of the lot for screening and the deciduous trees for shade within the lot. The area between trees shall be mulched, planted with shrubs or ground cover or covered with paving material. Any area that will be under the overhand of vehicles shall be mulched or covered with paving material.
F. 
Stormwater detention area landscaping. The following landscape reforestation standards shall be used:
(1) 
This landscape treatment is appropriate for detention basins and areas that are not highly visible or are adjacent to areas of woodlands or wetlands.
(2) 
The area shall be graded creatively to blend in the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming. Linear, geometrical basins are unacceptable.
(3) 
The quantity of trees to be planted on the interior of the basins shall be equal to the number of trees that would be necessary to cover the entire area, based upon a twenty-foot-by-twenty-foot grid to the high-water line or outflow elevation. Forty percent of the trees shall be of at least two-and-five-tenths-inch caliper in size. The remaining 60% shall be six- to eight-foot-high whips.
(4) 
The trees shall be planted in groves and spaced five feet to 15 feet on center.
(5) 
The ground plane shall be seeded with a naturalization, wildflower and/or meadow grass mix.
A. 
General requirements.
(1) 
All exterior lights shall be designed, located, installed and directed to prevent light pollution and objectionable light, glare and light trespass across property lines.
(2) 
All exterior lights, including street lights and parking area lighting, shall be full-cutoff-type fixtures. Street lights shall be high-pressure sodium, low-pressure sodium, LED or metal halide, unless otherwise determined by the City that another type is more efficient. Street lights along residential streets shall be limited to seventy-watt sodium (hps) lights. Street lights along nonresidential streets or at intersections shall be limited to one-hundred-watt (hps) lights. If the City permits a light type other than high-pressure sodium, then the equivalent output shall be the limit for the other light type.
(3) 
All lighting shall be recessed sufficiently so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent or surrounding properties.
(4) 
Shielding and/or cutoff optics shall be required in all installations.
(5) 
All lighting shall be shielded to prevent glare to pedestrians and bicyclists.
(6) 
Luminaires shall be provided with hoods to prevent uplighting.
(7) 
No lighting shall shine directly or reflect into windows or onto streets and driveways in such a manner as to interfere with driver vision.
(8) 
Pedestrian-scale bollard-type lighting may be placed along walks and at building entrances.
(9) 
Illumination levels and uniformity shall be in accordance with current recommended practices of the Illuminating Engineering Society. Recommended standards of the Illuminating Engineering Society shall not be exceeded.
(10) 
All outdoor lighting systems shall be designed and operated so that the area 10 feet beyond the property line of the premises receives no more than 0.25 of a footcandle of light from the premises' lighting system.
(11) 
Outdoor light fixtures for purposes of private, commercial or industrial usage shall not be attached or mounted to public property (e.g., buildings, utility poles, telephone poles, street lights, road and/or street signs). Furthermore, these fixtures shall not tap or extend power from sources servicing public lighting and/or power devices.
(12) 
Outdoor recreational and sports facility lighting shall be shielded from public view, as observed from outside the playing field. Such lighting shall have directional and glare control devices, when necessary, to comply with Subsection B. Lamps and/or light sources shall not be visible from residential properties.
(13) 
Underground wiring required.
(a) 
All electric, telephone, television, cable, optical and other similar utilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements or dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.
(b) 
Lots that abut existing easements or public rights-of-way, where overhead electric or telephone distribution supply lines and service connections have heretofore been installed, may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.
(14) 
Outdoor lighting.
(a) 
Light distributions generated by light fixtures shall be confined to the property on which they are installed.
(b) 
Outdoor light fixtures properly installed and maintained shall be directed so that there will not be any direct glare source visible from any adjacent residential property.
(c) 
Light fixtures installed within any setback area, including front, rear or side yard setbacks, shall contain shielded devices to prevent light spill and glare upward and onto adjacent properties.
(15) 
Standards for illumination.
(a) 
The minimum level of lighting along any portion of walkway not part of a parking lot shall be not less than 0.5 footcandle. The maximum level of lighting along any portion of walkway not part of a parking lot shall be not greater than one footcandle.
(b) 
The maximum mounting height of exterior lighting shall conform to the following schedule:
Building Height
(feet)
Maximum Fixture-Mounting Height
(feet)
Up to 24
16
25 or greater
25
B. 
Light trespass (nuisance light). All light fixtures shall be designed, installed and maintained to prevent light trespass, as specified below:
(1) 
Facade lighting on schools and other public buildings or incident illumination occurring above the height of five feet above the property line of the subject property shall not exceed 0.1 footcandle in a vertical plane on residentially zoned property.
(2) 
Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will not be any direct glare source visible from any property.
(3) 
Light fixtures near adjacent property may require special shielding devices to prevent light trespass.
C. 
Streetlighting.
(1) 
Streetlighting shall be installed at no cost to the City by a developer in locations approved by the Board Engineer, as the case may be. For residential subdivisions, streetlighting shall be installed, prior to the issuance of any certificate of occupancy, along all roadways necessary to ensure at least one route of illuminated access for any occupied structure.
(2) 
Luminaire mounting height shall not exceed 25 feet above grade.
(3) 
Pole-mounted street luminaries shall be installed on one side of the street at three-hundred-foot intervals unless the presence of vertical and/or horizontal curves or factors relating to specific types of development necessitates a closer interval. In residential subdivisions, the poles shall be placed, to the greatest extent possible, in line with shared property boundaries. Deviations from the spacing interval shall be approved by the Board Engineer.
(4) 
On residential streets, seventy-watt high-pressure sodium (hps) luminaires shall be provided with at least one one-hundred-watt high-pressure sodium (hps) luminaire being provided at each street intersection. On minor collector and major collector streets, one-hundred-watt high-pressure sodium (hps) luminaires shall be provided along the street with one-hundred-fifty-watt high-pressure sodium (hps) luminaires being provided at intersections.
D. 
Parking area lighting.
(1) 
Sufficient illumination shall be provided for all off-street parking, loading and pedestrian areas so as to enable the safe movement of persons and vehicles and to provide for security.
(2) 
The minimum level of lighting in any portion of a parking lot shall be not less than 0.25 footcandle. The average horizontal illumination level of lighting within the parking lot shall be not less than 1/2 footcandle nor greater than two footcandles. The maximum level of lighting in any portion of the parking lot shall be not greater than three footcandles, except directly under light fixtures where a maximum of five footcandles is permitted.
(3) 
The minimum level of lighting at any ingress or egress portion of a parking lot shall be not less than one footcandle.
(4) 
Poles installed within parking areas shall be aluminum with a brushed finish and shall be identical in color to poles located along the road that abuts the parking area.
E. 
Buildings and other vertical structures.
(1) 
Lighting fixtures shall be carefully located, aimed and shielded so that light is directed only onto the building surface. Lighting fixtures shall not be directed toward adjacent streets or roads.
(2) 
Lighting fixtures mounted on the building and designed to wash the building surface with light are preferred.
(3) 
To the extent practicable, lighting fixtures shall be directed below and horizontal rather than above the horizontal.
F. 
Lighting of walkways/bikeways and parks.
(1) 
The walkway, pathway or ground area shall be illuminated to a level of no more than 0.5 footcandle.
(2) 
The vertical illumination levels at a height of five feet above grade shall be no more than 0.5 footcandle.
(3) 
Lighting fixtures shall be designed to direct light downward, and light sources shall have an initial output of no more than 1,000 lumens.
G. 
Lighting of gasoline station/convenience store aprons and canopies.
(1) 
Areas on the apron away from the gasoline pump islands used for parking or vehicle storage shall be illuminated in accordance with the requirements for parking areas set forth elsewhere in this section. If no gasoline pumps are provided, the entire apron shall be treated as a parking area.
(2) 
Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is no more than 5.5 footcandles. The ratio of average to minimum illuminance shall be no greater than 4:1. This yields an average illumination level of no more than 22.0 footcandles.
(3) 
Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85° beyond the vertical plane.
(4) 
Lights shall not be mounted on the top or sides of the canopy, and the sides of the canopy shall not be illuminated.
H. 
Outdoor lighting energy conservation.
(1) 
All outdoor lighting not essential for safety and security purposes or to illustrate changes in grade or material shall be activated by automatic control devices and turned off during nonoperating hours.
(a) 
Exterior retail and merchandise display lighting, e.g., automobile dealerships, nurseries/garden markets, shall be turned off between the hours of 10:00 p.m. and 6:00 a.m. Reduced levels of lighting in interior show or display windows may remain on for security purposes; provided, however, that these levels shall not exceed 25% of the normal artificial lighting levels in the interior display or show windows.
(b) 
Exterior lighting for recreational areas, athletic fields and courts shall not remain on after 10:00 p.m., except for exterior lighting located within and serving accredited educational institutions, which shall not remain on after 11:00 p.m.
(c) 
Exterior security lighting shall be classified as one of the following:
[1] 
Lighting which is essential to deter vandalism and/or break-ins. This lighting shall be limited to exterior door locations. Fixtures used for normal operations at these locations must remain on. The fixtures shall be outdoor enclosed lighting fixtures. If window areas present possible break-in locations, reduced levels of interior lighting which is situated around the window may remain on as a night-light source to illuminate a window. Night-light levels shall not exceed 25% of the normal interior artificial lighting levels around the windows.
[2] 
Normally off lighting that is activated by a sensor or detector. Typically, discharge lamp sources such as sodium vapor, mercury vapor and metal halide are not instant start; therefore, consideration shall be given to using other lamp sources, such as incandescent, tungsten halogen and fluorescent which can be used for immediate activation. Normally off lighting activated by sensors or detectors shall be directed toward the vertical surfaces of buildings or objects of concern and shall not remain on for greater than five minutes after activation.
(2) 
Lighting that remains on for surveillance cameras. This lighting shall be confined to vertical building surfaces along the perimeter of a site, e.g., walls, trees, bushes. Illuminance levels for this lighting shall be coordinated with, and not exceed, the minimum illuminance threshold of the cameras being used. This data shall be provided with the submission of the plans, in accordance with Subsection I below. Surveillance cameras used in conjunction with outdoor lighting shall require the minimum illuminance thresholds reasonably available.
(3) 
All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.
I. 
Submission of plans.
(1) 
Description of outdoor lamp/luminaire combinations, including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, poles and manufacturer's catalogue cuts.
(2) 
Locations and descriptions of every outdoor enclosed light fixture and hours of operation, their aiming angles and mounting heights.
(3) 
The initial horizontal and vertical illuminance shall be illustrated in footcandles (before depreciation). Illustrate relamping and cleaning cycles to arrive at maintained values of illumination.
(a) 
Maximum.
(b) 
Minimum.
(c) 
Average during operating and nonoperating hours.
(d) 
Average to minimum uniformity ratio.
(4) 
Photometric data, such as that furnished by the manufacturer, showing the angle of light omission and the footcandles on the ground.
(5) 
Additional information as may be required by the City in order to determine compliance with this chapter.
J. 
Prohibited lighting characteristics.
(1) 
The use of outdoor strobe lighting is prohibited.
(2) 
Outdoor lights that flash, pulse, rotate, move or simulate motion are not permitted.
(3) 
Outdoor lighting that could interfere with the safe movement of motor vehicles is not permitted.
(4) 
Searchlights or flashing or animated signs are prohibited.
(5) 
Bad lighting fixtures, e.g., wallpack-type, an acorn luminaire that generates a lot of glare and spotlight, lights that have more than 3% or 4% of the total lamp lumens rising upward above the horizon, head luminaire fixtures, floodlights and spotlights.
(6) 
Lighting that significantly alters nighttime view sheds or vistas from existing residential or public properties is prohibited.
(7) 
Newly installed fixtures which are not full-cutoff fixtures are prohibited.
(8) 
Lighting which presents a clear hazard to motorists, cyclists or pedestrians is prohibited.
(9) 
The use of laser source light or any other similar high-intensity light for outdoor advertising or entertainment is prohibited.
(10) 
Outdoor lighting shall limit upward light spillage, so as not to contribute to light pollution.
K. 
Temporary exterior lighting. Temporary exterior lighting that conforms to the requirements of this chapter shall be allowed. Nonconforming temporary exterior lighting may be permitted by the Zoning Officer only after considering the public and/or private benefits which will result from the temporary lighting, any annoyance or safety problems that may result from the use of the temporary lighting and the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Zoning Officer.
L. 
Towers. All radio, communication and towers that require lights shall have dual lighting capabilities. For daytime, the white strobe light may be used, and for nighttime, only red lights shall be used.
M. 
Exemptions and exceptions.
(1) 
Federally funded and state-funded roadway construction projects are exempted from the requirements of this section only to the extent it is necessary to comply with federal and state requirements.
(2) 
Fossil-fuel light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels is exempt from the provisions of this section.
(3) 
Full-cutoff street lighting which is part of a federal, state or municipal installation.
(4) 
Holiday lighting.
(5) 
Lighting of sports facilities prior to 11:00 p.m. Illumination after 11:00 p.m. is also permitted if it is necessary in order to conclude a recreational, sporting or other scheduled activity, which is in progress prior to that time.
(6) 
Specialized lighting necessary for safety, such as temporary lighting or temporary lighting associated with emergency operations and road hazard warnings.
(7) 
Traffic control signals and devices.
A. 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which City approval is required by this chapter, such person shall be subject to a penalty of one or more of the following: a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days, and each lot disposition so made shall be deemed a separate violation.
[Amended 11-28-2005 by Ord. No. 2015-05]
B. 
In addition to the foregoing, the City may institute and maintain a civil action:
(1) 
For injunctive relief.
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
C. 
In any action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his or her assigns or successors to secure the return of any deposits made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years of the date of recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.