Nothing in this chapter shall require any changes in a building
permit, site plan or zoning variance which was approved before the
enactment of this chapter, provided that construction shall have been
started within one year from the effective date of this chapter and
the project shall be continuously pursued to completion; otherwise
said approvals and permits shall be void.
All developments shall be served by paved streets. The arrangement
of streets not shown on the Master Plan or Official Map shall provide
for the appropriate extension of existing streets, conform to the
topography, as far as practical, and allow for continued extension
into adjoining undeveloped tracts with a minimum right-of-way of 50
feet. When a development adjoins land capable of being developed further,
suitable provisions shall be made for future street access.
A. Local streets. Local streets shall be so designed as to discourage
through traffic unless deemed necessary by the approving authority.
B. Subdivision abutting arterial streets. Subdivisions abutting arterial
streets may be required to provide a reverse frontage with a buffer
strip for planting or some other means of separation of through and
local traffic, as the approving authority may determine to be appropriate.
C. Pavement width of streets. The pavement width of all streets shall
be a minimum of 30 feet for all local streets and may be greater for
collector and arterial streets.
D. Minimum right-of-way width. The right-of-way width shall be measured
from lot line to lot line and shall not be less than 50 feet in any
case, except when shown at a greater width on the Master Plan or Official
Map of the Borough of Edgewater or when said street constitutes an
extension of an existing street with a greater width than 50 feet.
E. Substandard street right-of-way and pavement width. In connection
with subdivisions that adjoin or include existing streets that do
not conform to widths as shown on the Master Plan or Official Map,
or the street width requirements of this chapter, the applicant shall
dedicate additional right-of-way or pavement width along either one
or both sides of said road. If the subdivision is along one side only,
1/2 of the required extra width shall be dedicated.
F. Street grades. Grades of arterial and collector streets shall not
exceed 6%. Grades on other streets shall not exceed 10%. Maximum grades
on any streets within 100 feet of an intersection shall be 3%. No
street shall have a minimum grade of less than 1/2%. Road cross sections
(crown) shall range between 2% and 3%.
G. Street intersections. No local streets shall be part of a four-way
intersection. Intersecting street center lines shall be as nearly
at right angles as possible, and in no case shall they be less than
60° at the point of intersection. The block corners at intersections
shall be rounded at the curbline with a curve having a radius of not
less than 20 feet. Curblines shall be parallel to the center line.
Approaches to all intersections shall follow a straight line for at
least 100 feet measured from the curbline of the intersecting streets
to the beginning of the curve. No more than two street center lines
shall meet or intersect at any one point. Collector and/or arterial
streets intersecting another street from opposite sides shall either
be directly opposite each other without offset or shall have at least
250 feet offset distance between center lines. Street jogs with center-line
offsets on local streets of less than 125 feet shall be prohibited.
Any development abutting an existing street which is classified as
an arterial or collector street shall adhere as closely as possible
to having no more than one new street every 800 feet on the same side
of the street.
H. Reverse curve tangents. A tangent at least 100 feet long shall be
introduced between reverse curves on arterial and collector streets.
I. Street line deflection. When connecting street lines deflect from
each other at any one point by more than 10° and not more than
45°, they shall be connected by a curve with a radius of not less
than 100 feet, for minor streets, and 300 feet, for arterial and collector
streets.
J. Change in grade. All changes in grade shall be connected by vertical
curves of sufficient degree of curvature to provide a smooth transition
and proper sight distance.
K. Cul-de-sac streets. Cul-de-sac streets shall not exceed a length
of 600 feet. A turnaround shall be provided at the end of the cul-de-sac
with a right-of-way radius of not less than 50 feet and a curbline
radius of not less than 40 feet. The center point for the radius shall
be on the center line of the associated street or, if offset, to a
point where the curbline radius becomes a tangent to one of the curblines
of the associated street. If a dead-end street is of a temporary nature,
a similar turnaround shall be provided and provisions made for future
extension of the street and reversion of the excess right-of-way to
the adjoining properties.
L. Streets shall be constructed in accordance with the standard specifications
of the New Jersey Department of Transportation. Pavement section shall
consist of the following:
(1) Arterial and collector streets.
(a)
Dense graded aggregate subbase: six inches compacted thickness.
(b)
Bituminous stabilized base course: six inches compacted thickness.
(c)
FABC surface course: two inches compacted thickness.
(2) Local streets.
(a)
Dense graded aggregate subbase: six inches compacted thickness.
(b)
Bituminous stabilized base course: four inches compacted thickness.
(c)
FABC surface course: two inches compacted thickness.
(3) Where subbase conditions are wet, springy or of such nature that
surfacing would be inadvisable without first treating the subbase,
these areas shall be excavated to a depth of at least 12 inches below
the proposed subgrade and filled with a suitable subbase material,
as determined by the Municipal Engineer. Where required by the Engineer,
a system of porous concrete pipe, subsurface drains shall be constructed
beneath the surface of the paving and connected to a suitable drain.
After the subbase material has been properly placed and compacted,
the surfacing material shall be applied.
M. All streets, together with curbs, and sidewalks appurtenant thereto
and all driveways, internal roads and alleys in planned community
developments, commercial or industrial developments shall be constructed
in accordance with the requirements of this chapter. All streets,
curbs and sidewalks in residential developments shall be constructed
in accordance with N.J.A.C. 5:21, Residential Site Improvement Standards.
N. Sidewalks. Sidewalks shall be required along both sides of a street in all subdivisions, unless waived by the approving authority. A minimum walkway width of four feet, set back minimally four feet from the curbline, shall be constructed in accordance with the requirements of the Borough Engineer and in conformance with Chapter
240 of the Code of the Borough of Edgewater.
O. Where extra width has been dedicated for widening of existing streets,
lots shall begin at such new line, and all setbacks shall be measured
from such new line.
P. Where the property to be subdivided is next to or includes a railroad
right-of-way, suitable provisions shall be made for such things as
road crossings, screening or buffers, freight access, warning signals
and signs in recognition of the relationship between the railroad
and the subdivision.
Q. Curbing. Curbing shall be required on both sides of all streets within
a subdivision. Belgian (granite) block or concrete curbs shall be
used on all Borough streets according to the following standards:
(1) Construction of all curbs shall conform to NJDOT Standards and Specifications
for Road and Bridge Construction, 1989, Section 605, and supplements
thereto, and shall meet the Borough Engineer's approval. All concrete
to be used shall be Class B, as specified in NJDOT Standards and Specifications
and supplements thereto.
(2) Granite curbs shall have a ten- to twelve-inch vertical length.
(3) Curbs shall be set in a Class B concrete base at least six inches
thick in front and rear of the granite block and at least nine inches
thick below the block. The combined block and concrete base shall
have a minimum vertical dimension of 18 inches.
(4) Curbs shall have a six-inch exposed vertical face above the finished
pavement surface.
(5) Joints shall measure 3/8 inch to 1/2 inch in width.
(6) The curb height at all driveway openings shall be lowered to a point
two inches above the finished pavement.
(7) The curbing shall be designed to provide barrier-free curb ramps
constructed in accordance with the Design Standards for Curb Ramps
for the Physically Handicapped of the New Jersey Department of Transportation.
A lighting plan prepared by a qualified individual shall be
provided with major subdivision applications. Streetlighting standards
of a type and number approved by the approving authority and Municipal
Engineer shall be installed at street intersections and elsewhere
as deemed necessary by the approving authority, with intersections
involving collector and arterial streets receiving priority consideration
for streetlights. The lights shall be installed solely for the purpose
of illuminating the roadways and shall be of such a nature as to minimize
the illumination on adjacent properties. The developer shall provide
for the installation of underground service.
All installations of water mains, culverts and storm and sanitary
sewers shall be connected with an approved system and shall be adequate
to handle all present and probable future development.
All development applications shall comply with the regulations set forth in the Edgewater Soil Removal Ordinance, Chapter
362.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.11
(the Map Filing Law, as amended), shall be placed in accordance with
said statute and shall be indicated on the final plat.
Before final approval the approving authority may require the
payment of the developer's pro rata share of the following off-site
and off-tract improvements: street improvements, water system, sewerage,
drainage facilities and easements therefor.
A. Essential off-site and off-tract improvements may be required to
be installed or a performance guaranty furnished in lieu thereof,
with the total cost borne by the developer.
(1) Where a development has no direct access to an improved street or
public or private central water supply or central sanitary sewer and
does not qualify for individual sewage disposal systems, the approving
authority may nevertheless grant final approval if the developer shall
acquire and improve such street between the development and an existing
improved street and, in the case of water/sewer system(s), if the
developer shall acquire and improve such water and sanitary sewer
connections between the development and existing facilities as approved
by the approving authority, governing body and serving utility company.
(2) Where drainage waters are diverted from the development into other
drainage systems or onto other lands or streets and they are not adequate
to accommodate the additional waters, the approving authority may
grant final approval if the developer shall acquire, improve and dedicate
to the Borough such enlarged, additional or new drainage facilities
as approved by the approving authority and governing body.
(3) Such off-site and off-tract improvements shall be subject to the
design standards of this chapter. In lieu of the developer performing
such off-site and off-tract work, the developer may request and the
governing body may enter into an agreement for such work to be performed
by the Borough or its contractors at the cost of the developer.
(4) Where the approving authority determines that off-site and off-tract
improvements are essential to the development and the developer does
not consent to the improvements, the application shall be denied,
without prejudice, to a future application at such time as the conditions
no longer apply.
B. Advisable off-site and off-tract improvements. Where the approving
authority determines that off-site and off-tract improvements would
be advisable, although not essential, and the improvements would promote
the objectives of this chapter and can be most appropriately accomplished
in connection with the development, and particularly where the off-site
and off-tract improvements would be required to be made as a local
improvement by the Borough with the costs thereof to be assessed against
all properties specially benefitted thereby, including the property
of the developer, the following provisions shall apply:
(1) During the processing of the application, the approving authority
shall refer its recommendations for off-site and off-tract improvements
to the governing body.
(2) If the governing body concurs, the Municipal Engineer or other authority
retained by the Borough shall determine the nature of the off-site
and off-tract improvements, including:
(a)
The needs created by the applicant's proposed development.
(b)
The then-existing needs in the area notwithstanding any work
of the applicant.
(3) The Municipal Engineer or other authority shall estimate and report
the costs of such work, including all costs to be in any local improvement
ordinance and those to be assessed to the developer, and including
costs for construction, engineering, any easement or right-of-way
acquisition, legal work, advertising, contingencies, bonding and assessments.
(4) Based upon the above report and the recommendations of the approving
authority, the governing body shall determine whether to undertake
such off-site and off-tract improvements as a local improvement.
(5) If the governing body will not adopt such ordinance, the final development
shall be designed accordingly, and the approving authority shall proceed
on that basis.
(6) If the determination shall be to adopt such local improvements ordinance,
the governing body shall proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation,
the governing body may appropriate such funds and adopt such ordinance.
All subsequent proceedings for the making and assessment of the cost
of the off-site and off-tract improvements shall be in accordance
with such ordinance.
(b)
If sufficient funds are not available for the initial appropriation,
the governing body may determine the anticipated amount that the lands
of the applicant would be expected to be assessed.
[1]
The amount determined by the governing body shall then be deposited
by the applicant with the Borough Treasurer prior to final approval
and prior introduction of such local improvement ordinance.
[2]
Such deposit shall be made concurrent with an agreement between
the applicant and the Borough concerning the uses of the deposit,
which shall include the following stipulations: that said funds shall
be used by the Borough solely for the construction of such off-site
and off-tract improvements as specified in said agreement and for
the other expenses incidental thereto and the acquisition of any easements
or rights-of-way in connection therewith; that such deposit may be
appropriated by the Borough, with other funds of the Borough, toward
the accomplishment of such purposes and may be co-mingled with other
appropriated funds and expended by the Borough within a specified
time agreed upon by the applicant, said funds shall be returned to
the applicant; that, upon completion of the work by the Borough or
its contractors, the properties specially benefitted by such improvements
shall be assessed as provided by law, including the property of applicant;
and that the applicant's deposit shall be credited against the assessment
made upon the applicant's property, whether or not the applicant is
then the owner thereof, and if such deposit was less than the amount
ultimately assessed against such property, then the owner(s) of said
property shall pay the difference between the deposit, the amount
assessed, and the excess shall be refunded to the applicant without
interest.
[3]
Where said off-site and off-tract improvements are found by
the approving authority to be advisable and important to the sound
development of the site, although the off-site and off-tract improvements
may not be found to be the type of essential off-site and off-tract
improvements as defined above, but the developer is unwilling to make
such deposit as specified above, then there shall be no final approval
until funds become available for the initial appropriation required
to adopt the local improvement ordinance.
(7) The determination of the governing body whether or not to proceed
toward the adoption of a local improvement ordinance shall be made
within 30 days after the referral by the approving authority unless
such time shall be extended with the consent of the applicant. If
the determination is not made within the designated period, the approving
authority may proceed as if the governing body had determined that
it would not adopt such local improvement ordinance.