A.
All developments shall conform to design standards encouraging sound
development patterns within the Borough. Where an official map or
master plan has been adopted, the development shall conform to same.
B.
Character of land. Lands identified in the Master Plan as critical
areas or having severe or moderate soil characteristics, particularly
as the lands relate to flooding, improper drainage, shallow depth
to water table, steep slopes, rock formations, utility easements or
similar features shall not be used as buildable areas unless adequate
and acceptable methods meeting the regulations of this chapter and
all other regulations are incorporated.
C.
Residential site improvement standards. Applications for residential
subdivisions shall comply with the standards set forth in N.J.A.C.
5:21.
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:
(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.
Design and placement of traffic signs included in the Manual on Uniform
Traffic Control Devices for Streets and Highways shall follow the
requirements specified in the Manual on Uniform Traffic Control Devices
for Streets and Highways, published by the United States Department
of Transportation and adopted by the New Jersey Department of Transportation.
B.
There shall be at least two street signs furnished at each four-way
intersection and one street sign at each T intersection. All signs
shall be installed free of visual obstruction and shall show the name
of both intersecting streets. The design of street name signs should
be consistent, of a style appropriate to the community, of a uniform
size and color, and erected in accordance with local standards.
C.
At signalized intersections, street signs shall be located on the
overhead arm supporting the traffic signal or otherwise suitably suspended
over the intersection. Roadway clearance shall be a minimum of 15
feet from the bottom of the sign or supporting equipment to the top
of the paved surface.
D.
Street names. No new street shall have a name which will duplicate
or so nearly duplicate in spelling or phonetic sound the names of
existing streets in Edgewater, Fort Lee, Cliffside Park and North
Bergen. The continuation of an existing street shall have the same
name. The names of new streets must be approved by the Mayor and Council.
A.
Block length and width or acreage within adjacent roads shall be
such as to accommodate the size of lot required in the area by the
Zoning Ordinance and to provide for convenient access, circulation
control and safety of street traffic.
B.
In blocks of 1,000 feet or more in length, pedestrian crosswalks
may be required in locations deemed necessary by the approving authority.
Such walkway shall be at least 10 feet wide in right-of-way with a
five-foot-wide improved pavement surface. Said walkway may also include
other improvements, including streetlighting.
C.
For all uses, including commercial, industrial and planned development
group areas, block sizes shall be sufficient to accommodate the proposed
uses and to permit reasonable access, circulation and fire-fighting
and emergency services.
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.
A.
Lot dimensions and areas shall not be less than the requirements
of the Zoning Ordinance.
B.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
C.
Each lot must front upon an approved and improved street with a right-of-way
width of at least 50 feet in width, except as provided herein.
D.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
E.
Where there is a question as to the suitability of a lot or lots
for their intended use, due to such factors as rock formations, drainage
conditions, watercourses, historic sites, flood conditions or similar
circumstances, the approving agency may, after adequate investigation,
withhold approval of such lots.
A.
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourses.
The size of such easements or rights-of-way shall be approved by the
Borough Engineer.
B.
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
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.
A.
For all major subdivisions, the applicant shall arrange with the
serving utility for the underground installation of all utility distribution
supply lines and service connections in accordance with the provisions
of the applicable standard terms and conditions incorporated as part
of its tariffs, as the same are then on file with the State of New
Jersey Board of Public Utility Commissioners, and shall submit to
the approving authority, prior to the granting of final approval,
a written instrument from each serving utility which shall evidence
full compliance with the provisions of this subsection; provided,
however, that lots in such subdivisions which abut existing streets
where overhead electric or telephone distribution supply lines have
theretofore been installed on any portion of the street involved may
be supplied with electric and telephone service from such overhead
lines, but the service connections from the utilities' overhead lines
shall be installed underground. However, the applicant shall not be
required to install electric distribution supply lines underground
if the Board of Public Works of the Borough of Edgewater requires
such lines to utilize a voltage of 26 kilovolts or greater and the
Board of Public Works passes a resolution declaring that such distribution
lines would present exceptional operation and/or safety problems if
installed underground. The location of access facilities for servicing
the utility in the proposed subdivision shall be developed in conjunction
with and as part of the complete subdivision plan.
B.
Whenever the utility is not installed in the public right-of-way,
an appropriate utility easement not less than 20 feet in width shall
be provided.
C.
The approving agencies of the Borough of Edgewater may in their discretion
waive the installation of the underground utilities where such installation
will result in peculiar and exceptional practical difficulties to
or exceptional and undue hardship upon the applicant by reason of
exceptional topographic conditions or by reason of other extraordinary
and exceptional situation or condition of the lands in such subdivision.
The Borough shall make the determination as to the location of aboveground
utility poles.
D.
Utility areas shall be planted with grass or ground cover or treated
with other suitable cover material.
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.
A.
Shade trees shall be provided in all major subdivisions and in minor
subdivisions where deemed appropriate by the Planning Board. Trees
shall be planted within the subdivision along each side of the street
at proper intervals and in types, sizes and locations conducive to
healthy growth, with graded and seeded or sodded planting strips within
street rights-of-way, and according to any standards adopted by the
governing body or Borough Shade Tree Board so as not to interfere
with street paving, sidewalks or utilities.
B.
All trees shall have a minimum diameter of 2 1/2 inches measured
three feet above the ground and shall be of a species approved by
the approving authority. Trees shall be planted 40 feet to 60 feet
apart and parallel to, but no more than 20 feet from, the curbline
and shall be balled and burlapped, nursery grown, free from insects
and disease, and true species and variety.
C.
A landscape plan prepared by a certified landscape architect, certified
by the New Jersey Board of Landscape Architects, or other qualified
individual shall be submitted with each major subdivision application.
Landscaping shall be provided to promote a desirable visual environment,
screen parking and loading areas, provide windbreaks for winter winds
and summer cooling for buildings, streets and parking and to mitigate
adverse visual impacts.
D.
Landscaped areas located within 50 feet of a street right-of-way
shall consist of a mix of shade trees, vegetative ground covers, including
both perennials and annuals, shrubs and turf. Installed landscape
ground cover materials such as stones, pebbles and other nonorganic
materials shall not be permitted. These requirements apply to all
properties with 100 feet or more of street frontage. Irrigation systems
for the landscaped areas are required to be installed to ensure the
continued viability of the plantings.
[Added 10-1-2001 by Ord. No. 1219-2001]
A.
At the Board's discretion, an environmental impact report may be
required to accompany preliminary subdivisions.
B.
The environmental impact report shall comply with the following unless,
as a result of data submitted prior to the preliminary plat, the approving
authority shall have waived or modified certain portions of these
requirements:
(1)
A description of the development specifying what is to be done during
construction and operation, how it is to be done and practical alternate
plans to achieve the objective(s), all with the intent of minimizing
environmental impacts.
(2)
An inventory of the following on-site environmental conditions and
an assessment of the probable impact of the development upon them:
water supply; water quality; air quality; geology; soils; rock and
properties thereof, including erosion capabilities and limitations;
floodplain protection; sewage disposal; topography, including slopes
in excess of 15%; vegetation protection; wetlands; noise characteristics
and levels; land use; site aesthetics; and historic landmarks. Air
and water quality shall be described with reference to standards of
the Department of Environmental Protection of the State of New Jersey,
and soils shall be described with reference to Natural Resources Conservation
Service categories and characteristics as they relate to such things
as erosion, sewage capability, floodplains and seasonal high-water
table.
(3)
A list and the status of the approvals needed from federal, state
or county agencies, including comments of these governmental agencies.
(4)
An evaluation of any adverse environmental impacts which cannot be
avoided, including air and water pollution, noise, sedimentation and
siltation, increase in Borough services or capital needs and consequences
to the Borough tax structure.
(5)
A description of steps to be taken to avoid or minimize adverse environmental
impacts during construction and operation, including shipping, receiving,
storage and the methods of handling the identified quantities of chemical,
corrosive, toxic and hazardous materials anticipated in all aspects
of the operation, as well as attaching appropriate maps, schedules
and other explanatory data.
C.
Notwithstanding the foregoing, the approving authority may waive
all or part of an environmental impact report if sufficient evidence
is submitted to support that conclusion. Waivers shall be based upon
consideration of the following by the approving authority:
(1)
The stability of the soil during and after the proposed alteration.
(2)
The drainage patterns and effect on surface water runoff.
(3)
The potential effect on animals and significant plant species.
(4)
Potential air and water pollution, especially any potential environmental
changes on critical slope areas or sewage disposal system.
(5)
Problems related to rock removal.
(6)
The amount of resulting displacement of soil.
(7)
Potential noise pollution.
(8)
Increased problems of industrial or nonindustrial waste disposal
(subject to review of such problems by the Board of Health).
(9)
Circumstances or conditions that are peculiar to the site or the
application under consideration that are not generally applicable
to sites or applications in the same general locality and that would
result in the imposition of undue burden on the applicant if an environmental
impact report were required.
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:
(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.
