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. 
Applications for residential developments shall comply with the standards set forth in N.J.A.C. 5:21, Residential Site Improvement Standards, with the exception of parking requirements.
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.
Unless waived by the approving authority, granite (belgian) block or concrete curb shall be installed along all streets, driveways and parking areas in according to the following standards:
A. 
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.
B. 
Granite curbs shall have a ten- to twelve-inch vertical length.
C. 
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.
D. 
Curbs shall have a six-inch exposed vertical face above the finished pavement surface.
E. 
Joints shall measure 3/8 inch to 1/2 inch in width.
F. 
The curb height at all driveway openings shall be lowered to a point two inches above the finished pavement.
G. 
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.
[Amended 5-6-2002 by Ord. No. 1236-2002]
Sidewalks shall be required to be installed along all public streets and rights-of-way, private access drives and roads and at such other locations as may be determined by the approving authority to be in the interest of public safety considering the probable volume of pedestrian traffic, school bus stops, and the development's location in relation to other populated areas and the general type of improvement intended. Sidewalks shall be required to be at least four feet wide and located as determined by the approving authority. Sidewalks shall be placed upon a compacted subgrade overlaid with at least four inches of porous material such as sand or gravel. Concrete sidewalks shall be at least six inches thick, of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch, and shall be air-entrained. Blacktop or sidewalks of other approved materials shall be constructed as approved by the approving authority upon the advice of the Borough Engineer. Where sidewalks cross curbs, curb ramps shall be provided. Preformed expansion joint material shall be placed at twenty-foot maximum intervals where sidewalks abut curbing or a structure.
All streets shall be designed to accommodate storm drainage along streets, including the installation of drainage inlets and pipes. Any system shall be adequate to handle all water which originates within the development and beyond, calculated on the basis of maximum potential development as permitted under this chapter. No water shall be diverted as to overload existing drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements.
A. 
A twenty-five-year storm curve shall be used in computing stormwater runoff.
B. 
The pipe size shall be determined by acceptable drainage design procedures but shall not be less than 15 inches in diameter.
C. 
Drainage inlets shall be located at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding six cubic feet per second at the drainage inlet. Access manholes shall be placed at maximum five-hundred-foot intervals throughout the system and at pipe junctions.
D. 
Dished gutters on Borough streets shall be permitted only at intersections involving local streets. Dished gutters shall not be permitted on arterial or collector streets.
E. 
Storm drain pipes running longitudinally along streets shall not be located under curbing.
F. 
Storm drain pipes shall be the size specified and laid to the exact lines and grades approved by the Municipal Engineer. Specifications for manholes, inlets and storm drains shall follow the 1989 State Highway Specifications, as amended.
G. 
Grading shall direct drainage away from all buildings, prevent the collection of stormwater in pools and avoid the concentration of stormwater from one lot to another.
H. 
Where any development is traversed by a watercourse or drainage ditch, a drainage right-of-way easement shall be provided and dedicated to the Borough of sufficient width to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Borough. A minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. See § 240-76.
I. 
Where storm drain pipes are installed outside of streets, easements or rights-of-way shall be required in accordance with § 240-76.
A. 
Easements shall be along side and/or rear property lines where possible and shall not be less than 15 feet wide.
B. 
All easements shall be dimensioned on the plat and shall be identified as follows: "(insert purpose of easement) easement granted to the Borough of Edgewater as provided for in the Edgewater Land Use and Development Regulations Ordinance."
A. 
At the Board's discretion, an environmental impact report may be required to accompany site plan applications.
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.
A. 
Wherever a central water supply system exists, provision shall be made of fire hydrants along streets and/or on the walls of nonresidential buildings as approved by the servicing fire department or Municipal Engineer and in accordance with the Insurance Services Office of New Jersey. The midpoint of all lots served by a central water supply shall be within 500 feet of a functioning fire hydrant. Hydrants shall have fire hose threads conforming to the fire company equipment with no less than two two-and-five-tenths-inch hydrant discharges. Hydrants shall be set plumb with discharges 18 inches above grade. The system shall be pressure-tested to assure its capability of sustaining the required pressure at each hydrant.
B. 
Where streams or ponds exist on the site or are proposed, and there is no central water supply, easements and facilities shall be provided to draft water for fire-fighting purposes, including access suitable for fire-fighting equipment, designed and constructed in accordance with the Insurance Services Office of New Jersey.
[1]
Editor's Note: Former § 240-79, Floodplain regulations, was repealed 4-21-2025 by Ord. No. 2025-006. See now Ch. 210, Flood Damage Prevention.
A. 
A lighting plan prepared by a qualified individual shall be provided with site plan applications.
B. 
The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.
C. 
All parking areas, walkways, building entrances, loading areas and driveways required for nonresidential or multifamily uses shall be adequately illuminated during the hours of operation which occur after sunset. Any adjacent residential zone or use shall be shielded from the glare of illumination from site lighting and automobile headlights.
D. 
The light intensity at ground level shall average 0.5 footcandle; however, variations are permitted depending upon the intensity of the use. The light intensity shall not exceed 0.3 footcandle along any property line and shall be so arranged and shielded to reflect the light away from adjoining streets or properties.
E. 
The lighting plan shall indicate the proposed light intensity (including existing fixtures to remain) at ground level where 0.5 footcandle occur. Manufacturer's lighting detail and specifications, including footcandle distributions, shall be provided. All lights shall be concealed-source nonglare lighting and shall be focused downward so that the direct source of light is not visible from adjoining streets or properties. The minimum footcandle in the areas used by the public shall be 0.5; the maximum footcandle is 1.0.
F. 
The mounting height of lighting fixtures shall be not more than 20 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source.
G. 
Shade trees shall be planted a minimum of 10 feet from any freestanding light fixture.
H. 
No lighting source shall be visible from windows, streets and driveways, nor shall lighting shine directly into or reflect into windows or onto streets and driveways to interfere with driver vision.
I. 
No lighting shall be of a rotating, pulsating or other intermittent frequency.
Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
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 benefited 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 to 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 and 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.
All public services shall be connected to approved public utilities systems where they exist.
A. 
The distribution supply lines and service connections shall be installed underground, except that lots which abut streets with existing overhead electric or telephone distribution supply lines and service connections may be supplied with electric and telephone service from those overhead lines, but the service connections shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.
B. 
The developer shall submit to the approving authority, prior to final approval, a written instrument from each serving utility indicating full compliance or intended full compliance with the provisions of this section.
C. 
Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round.
D. 
On any lot where soil conditions, rock formations, woods or other special conditions exist and the applicant deems it a hardship to comply with the provisions of this section, the applicant may apply to the approving authority for an exception from the terms of this section. Where overhead lines are permitted as the exception, the alignments and pole locations shall be routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and location considerations to lessen the visual impact of overhead. The Borough shall make the determination as to the location of utility poles.
A. 
Shade trees shall be provided in all site plans where deemed appropriate by the Planning Board. All shade trees shall have a minimum diameter of 2.5 inches measured three feet above the ground and shall be of a species approved by the approving authority. Trees shall be planted 40 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. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the character of the area and to conform to adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in § 240-166, Off-street parking requirements.
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 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 site plan application. Landscaping shall be provided to promote a desirable visual environment, screen parking and loading areas, to 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]
Sight triangles shall be required at each quadrant of an intersection of streets and the intersection of streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of a lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 36 inches above the center line grade of either intersecting street or driveway or lower than eight feet above their center lines, excluding street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim and grade to provide the sight triangle. The sight triangle is that area outside the right-of-way bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street center lines: arterial streets at 300 feet, collector streets at 200 feet and local streets at 90 feet. Where the intersecting streets are both arterial and collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 90 feet on the intersecting street. Any development requiring site plan approval shall provide sight triangles at each driveway, with the driveway classified as a local street for purposes of establishing distances. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the approving authority where a new street is not included on the Master Plan. A sight triangle easement shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Edgewater Land Use and Development Regulations Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and minimum setbacks required by the zoning provisions.
A. 
All developments shall incorporate on-site stormwater facilities that will encourage the recharging of underground aquifers and/or the slowing down of the rate stormwater leaves the site.
B. 
Where the amount of runoff determined by the Municipal Engineer is sufficient to justify detention of peak flow, one or more detention basins shall be required. Each detention basin shall have a capacity to accept all surface water directed to it from a one-hundred-year storm event with outlets to permit complete draining of the maximum capacity of the detention basin in not more than 36 hours.
C. 
Developments may incorporate other on-site stormwater detention or impoundment facilities in the following manner:
(1) 
Swales to retard water runoff. Water velocity shall not exceed three feet per second. The water may be directed to impact-still basins to evaporate and percolate. The swales shall be seeded and maintained in lawn area, as appropriate.
(2) 
Impoundment/detention basins along streams that maintain steady flows of water may be constructed, provided that they meet the standards and have the approval of the New Jersey Department of Environmental Protection.
(3) 
Detention of stormwater on roof surfaces may be designed.
D. 
Where storm drains are installed outside streets, easements or rights-of-way shall be required in accordance with § 240-76, Easements. Stormwater management plans shall be designed and prepared in accordance with the latest NJDEP guidelines for stormwater management.
[Added 4-20-2009 by Ord. No. 1410-2009]
All development applications subject to the provisions of Chapter 374 of the Code of the Borough of Edgewater, including, but not limited to, single- and two-family residential development and development that will ultimately disturb one or more acres of land, shall comply with all stormwater runoff requirements and all other regulations contained in Chapter 374 therein.
Topsoil available at the site and moved during the course of construction shall be redistributed to all areas uncovered in the course of construction. Whenever sufficient topsoil is not available at the site, additional topsoil shall be obtained and distributed in such a manner as to provide a cover of at least six inches of topsoil or other approved cover to prevent soil erosion on the areas uncovered during the course of construction or excavation. No topsoil shall be removed from the site of the development or used as spoil.
A. 
Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use. The system shall be designed with adequate capacity and sustained pressure for present and probable future development.
B. 
Where public water is not available, potable water supply shall be provided to each lot or dwelling unit by wells from groundwater supply. Such wells shall be designed in accordance with the requirements and standards of the Borough and/or state agency having jurisdiction.
C. 
Where water distribution systems are installed outside streets, easements or rights-of-way shall be required in accordance with § 240-76, Easements.
D. 
Where no municipal consent for a public utility franchise for water has been granted, upon completion of the water plant and distribution system these public facilities shall, at the option of the Borough, be transferred to the Borough.
A. 
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of the P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the Municipal Master Plan adopted pursuant to Section 26 of P.L. 1987, c. 102.
B. 
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
C. 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.
D. 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
E. 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
F. 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.