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.
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.
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.
All development applications shall comply with the regulations set forth in the Edgewater Soil Removal Ordinance, Chapter
362.
[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.