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.
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.
A. 
Loading spaces shall be required for all buildings occupied by a nonresidential use and for any residential development containing 30 or more dwelling units and for large-scale public and quasi-public uses, in accordance with the requirements of Table 7 below.
B. 
Each such loading space shall not be less than 12 feet in width and 35 feet or more in length, depending upon the functions to be performed. The overall floor-to-ceiling height or clear height distance shall not be less than 14 feet, which may be increased where required.
Table 7
Off-Street Loading Requirements
Land Use**
Floor Area at Which First Berth Is Required
(square feet)
Floor Area at Which Second Berth Is Required*
(square feet)
Industrial, manufacturing
5,000
40,000
Laboratory, research or commercial
5,000
40,000
Retail
5,000
20,000
Service establishments
5,000
40,000
Commercial recreation
5,000
100,000
Restaurant
2,000
25,000
Office buildings
5,000
100,000
Funeral home
10,000
100,000
Residential apartment building, including senior housing complexes
10,000
100,000
Institutional, public schools
10,000
100,000
Hospitals, nursing homes, congregate care facilities
10,000
100,000
Auditoriums, arenas
10,000
100,000
NOTES:
*
An additional berth shall be required for each additional amount of square feet as indicated and as required between the need for one- and two-berth intervals.
**
In the case of a multiple-use building, the amount of off-street loading required shall be equal to the sum of the parts, unless same can be demonstrated to be in excess, and shall be subject to determination by the approving authority.
C. 
Except for required buffer areas, each such loading space may occupy any required side or rear yard but shall not be located in any required front yard. When adjoining a residential use, institutional use or place of general assembly, a suitably screened or landscaped buffer shall be provided.
D. 
Off-street loading spaces shall not be located within any fire prevention zone, within 25 feet of any fire hydrant or within 10 feet of any stairway, doorway, elevator or other general means of entry to and from a building for the general public, nor shall it block, or in any way interfere, with the free flow of pedestrians from any means of ingress or egress, nor shall it interfere with the free flow of pedestrians or vehicles. All such loading spaces shall be appropriately indicated by a sign or other visual communication as to said location.
E. 
All loading and unloading shall be conducted entirely within the boundaries of the lot concerned, and no vehicle or conveyance shall, in any manner, use public streets, sidewalks or rights-of-way for loading or unloading operations other than ingress or egress to the lot.
A. 
Curbs for nonresidential and mixed-use developments. Unless waived by the approving authority, concrete or granite (Belgian) block curbs shall be installed along all 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-inch to twelve-inch vertical height.
(3) 
Curbs shall be set in a Class B concrete base, at least four inches thick, in front and rear of the granite block and at least six 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.
B. 
Curbs for residential developments.
(1) 
Curb requirements shall vary according to street hierarchy and intensity of development, in accordance with the requirements set forth in Appendix B (N.J.A.C. 5:21-4.2).[1] Generally, curbs shall be required on streets with on-street parking.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(2) 
Where curbing is not required, edge definition and stabilization shall be furnished for safety reasons and to prevent pavement unraveling. Curbing may be required for stormwater management, road stabilization, delineation of parking areas, 10 feet on each side of drainage inlets, intersections, corners, and tight radii.
(3) 
Curb requirements may be waived by the appropriate municipal approving agency, and shoulders and/or drainage swales used, when it can be shown that soil and/or topography make the use of shoulders and/or drainage swales preferable, and/or the community desires to preserve its rural character by using shoulders and/or drainage swales instead of curbs. In cases of medium development intensity, the curbing requirement may be waived where front setbacks exceed 40 feet, and it can be demonstrated that sufficient on-site parking exists.
(4) 
Curbs shall be constructed according to the specifications set forth in N.J.A.C. 5:21-4.17.
(5) 
Curbing shall be designed to provide a curb ramp in compliance with the Americans with Disabilities Act or the Barrier Free Subcode of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-7) at street intersections, as applicable.
A. 
Shoulders and/or drainage swales should be used instead of curbs in residential developments when soil and/or topography make the use of shoulders and/or drainage swales preferable and/or to preserve community character.
B. 
Shoulders shall be provided in accordance with the requirements in Table 4.3 in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
C. 
Shoulders shall be four feet wide, except for minor collector streets of high intensity with off-street parking, and major collector streets of medium and high intensity shall be six feet and eight feet wide, respectively, on each side for all streets and located within the right-of-way as shown in the street illustrations in Appendix B.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
D. 
Shoulders shall be constructed of materials such as stabilized earth, gravel, crushed stone, bituminous treatment, or other forms of pavement which provide for vehicle load support.
A. 
Nonresidential development. Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety considering the probable volume of pedestrian traffic, the adjoining street classification, school bus stops, the development's location in relation to other populated areas and the general type of improvement intended. Where required, sidewalks should be at least four feet wide and located as approved 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 four inches thick, except at points of vehicular crossing, where they 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 as outlined in § 195-88, Curbs. Preformed expansion joint material shall be placed at twenty-foot maximum intervals where sidewalks abut curbing or a structure.
B. 
Residential development.
(1) 
Sidewalks and/or graded areas shall be required, depending on the road classification and intensity of development, in accordance with the requirements set forth in Table 4.3 in Appendix B.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(2) 
Sidewalks shall be provided where graded areas are specified in Table 4.3 when the following conditions exist:
(a) 
The net density of the development project exceeds one dwelling unit per acre, and the development or project is located within 2,500 feet of a train station or a public or school bus route, the development or project is located within 2,500 feet of an existing recreational, business or retail use, or a site where such use is permitted by existing zoning, or where the proposed streets connect to or extend existing streets which have sidewalks on both sides; or
(b) 
The net density of the development exceeds 0.5 dwelling unit per acre, and the development is located within two miles of a school.
(3) 
Notwithstanding Subsection B(2) above, sidewalks shall only be required on one side of rural streets or rural lanes and shall not be required in alleys.
(4) 
Sidewalks shall be placed parallel to the street, as shown in the street profile figures, unless an exception has been permitted to preserve topographical or natural features, or if required to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation (e.g., in planned developments).
(5) 
Pedestrianway easements at least 10 feet wide may be required by the municipal approving authority through the center of blocks more than 600 feet long. In providing circulation or access to schools, playgrounds, shopping, adjoining residential areas, or other community facilities, the municipality shall consider and may require pedestrianway easements.
(6) 
Sidewalk width shall be four feet; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet. In high-density residential areas, when sidewalks abut the curb, a sidewalk/graded area of at least six feet in width shall be required.
(7) 
Sidewalks and graded areas shall be constructed according to the specifications set forth in N.J.A.C. 5:21-4.18, as follows:
(a) 
Sidewalks of concrete shall be four inches thick except at points of vehicular crossing, where they shall be at least six inches thick. At vehicular crossings, concrete sidewalks shall be reinforced with welded wire fabric mesh or an equivalent.
(b) 
Concrete air-entrained sidewalks shall be Class C concrete, having a twenty-eight-day verification strength of 4,000 psi. Other materials may be permitted, depending on the design of the development.
(c) 
Graded areas shall be planted with grass or treated with other suitable ground cover, and their width and cross slope shall correspond to that of sidewalks.
A. 
Easements shall be along side and/or rear property lines where possible and shall not be less than 20 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 Westwood as provided for in the Land Use and Development Regulations Ordinance of the Borough of Westwood."
A. 
At the Board's discretion, an environmental impact report may be required to accompany preliminary site plans.
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 the standards of the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conservation Service categories and characteristics as they relate to such things as erosion, sewage capability, floodplains and the 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 a conclusion that the development will have a slight or negligible environmental impact or that the complete report need not be prepared to evaluate the environmental impact of the development.
A. 
Wherever a central water supply system exists, provision shall be made for 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 Offices 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 pumper nozzles. Hydrants shall be set plumb with nozzles 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.
A. 
Floodplains shall be preserved and not be built upon. Where a property containing a floodplain is proposed for development or other improvements, no proposed structures shall be located within the one-hundred-year floodplain. The uses permitted in the one-hundred-year floodplain shall be limited to general farming, overflow parking or areas serving the peak parking and loading demands, lawns and yard space, gardens, detention basins, ponds and open space/recreation areas not requiring structures. No septic systems shall be located in the one-hundred-year floodplain. The one-hundred-year floodplain shall be at least as designated on the streams identified on the Floodway Maps prepared by the National Flood Insurance Program, or such broader areas on those streams as might result from an on-site evaluation. On streams not identified by the National Flood Insurance Program, the one-hundred-year floodplain shall be as delineated by a developer's engineer and approved by the Borough Engineer.
B. 
The purposes shall be to:
(1) 
Prevent the encroachment of development into flood hazard areas in order to protect human life and health;
(2) 
Implement the rules and regulations of the New Jersey Department of Environmental Protection;
(3) 
Guide construction, regrading and other encroachments that might otherwise occur in flood hazard areas to other locations outside flood hazard areas through cluster zoning, transfer of development credits, and other planned developments;
(4) 
Prevent pollution during low- or high-water periods by eliminating unsanitary or dangerous substances in flood hazard areas;
(5) 
Minimize public expenditures for flood-control projects, repairs to public facilities and utility services and rescue and relief efforts; and
(6) 
Minimize disruption in homes, businesses and places of employment.
A. 
A lighting plan prepared by a qualified individual shall be provided with site plan applications. The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.
B. 
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.
C. 
The light intensity at ground level shall average 0.5 footcandles. However, variations are permitted depending upon the intensity of the use. The light intensity shall not exceed 0.3 footcandles along any property line and shall be so arranged and shielded to reflect the light away from adjoining streets or properties.
D. 
The lighting plan shall indicate the proposed light intensity (including existing fixtures to remain) at ground level where 0.5 footcandles 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.
E. 
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.
F. 
Shade trees shall be planted a minimum of 10 feet from any freestanding light fixture.
G. 
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.
H. 
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.
A. 
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.
B. 
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's performance of 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.
C. 
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 improvement 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 commingled with other appropriated funds and expended by the Borough in connection with such purposes; that if such deposit is not used 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 benefited 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. Utilities shall be located within the right-of-way on both sides of and parallel to the cartway or within utility easements outside the right-of-way.
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. 
Utility areas shall be planted with grass, ground cover, or treated with other suitable cover material. 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 developer deems it a hardship to comply with the provisions of this section, the developer 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 and to 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.
A. 
All portions of the property not utilized by buildings or paved surfaces shall be landscaped. The proposed landscaping should consider the use of the following: shade trees, ornamental trees, evergreen trees, shrubbery, perennials, annuals, ground cover, lawn areas, fencing, trellises, gravel and rock arrangements. The landscape plan should consider the planting of plant material native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas and improve infiltration of stormwater. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under the soil erosion and sediment control regulations (§ 195-101) and the floodplain regulations (§ 195-94), as well as to assure that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
B. 
All trees shall have a minimum diameter of 2 1/2 inches, measured six inches above the ground, and shall be of a species approved by the approving authority. Trees shall be planted 25 feet to 40 feet apart and parallel to, but no more than 20 feet from, the curbline. A minimum of two shade trees shall be provided along the frontage of each lot. The shade trees shall be balled and burlapped, nursery-grown, free from insects and disease and true species and variety in accordance with the American Association of Nurseryman Standards. Dead or dying trees, within the preceding two years from the date of installation, shall be replaced by the developer during the next recommended planting season. Parking lots shall be planted as required in Article XX, Off-Street Parking Requirements, of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
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.
D. 
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 site plan application. Landscaping shall be provided to promote a desirable visual environment, to 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. The landscape plan shall provide the following information:
(1) 
Existing wooded areas, rock outcroppings and existing and proposed water bodies;
(2) 
Existing and proposed topography and location of all landscaped berms;
(3) 
Location, species sizes and quantity of all proposed shade trees, ornamental trees, evergreen trees, shrubs and areas for lawns or any other ground cover;
(4) 
A plant schedule indicating botanical name, common name, size at time of planting, quantity, spacing and any special remarks for all plant material proposed;
(5) 
Planting and construction details and specifications.
Sight triangles shall be required at each quadrant of an intersection of streets, and 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 24 inches above the center-line grade of either intersecting street or driveway or lower than 10 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 one 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 Westwood 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. 
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
B. 
All applications for site plan approval shall be designed in accordance with the requirements of the Bergen County Soil Conservation District.
C. 
Any application proposing disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (P.L. 1975, c. 251)[1] shall include on its plans the following:
(1) 
The means to control or prevent erosion, provide for sediment control basin(s) for soil that does not erode due to water, and control drainage, dust and mud on the premises as well as abutting lands;
(2) 
The preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of necessary lateral support and grades of abutting lands, structures and other locations;
(3) 
The prevention of pits and declivities which are hazardous or which provide insect breeding locations;
(4) 
That the physical limitations and characteristics of the soil shall not be altered to prevent the use to which the land may lawfully be put; and
(5) 
Such other factors as may reasonably bear upon or relate to the public health, safety and general welfare.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
A. 
As used in this section, the following terms shall have the meanings indicated:
CHANNEL
A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
CONSERVATION EASEMENT
An agreement or covenant running with the land which prohibits all land or vegetation disturbance in favor of a permanent dedication to natural open space, such agreement to be entered into between the applicant and the municipality.
DRAINAGEWAY
Any watercourse, trench, ditch, depression or other hollow space in the ground, either natural or artificial, which collects or disperses surface water from land.
ENVIRONMENTALLY CRITICAL AREA
Any area which should not be disturbed by uses incompatible with the paramount public interest in the prevention of surface water runoff and attendant environmental damage. Examples of environmentally critical impact areas include but are not limited to lakes, ponds, floodplains and flood hazard areas, designated stream corridors, steep slopes, highly erodible soils, wetlands, swamps, marshes, bogs, aquifer recharge and discharge areas and heavily wooded areas.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting or filling of land, and any other activity other than gardening which alters land, topography or vegetative cover, having a material impact on surface water drainage or runoff.
NATURAL DRAINAGE FLOW
The topographical pattern or system of drainage of surface water runoff from a particular site, including the various drainageways and watercourses which carry surface waters only during periods of heavy rains, storms or floods.
NONPOINT RUNOFF
Surface water entering a channel from no definable discharge source.
SURFACE WATER
All water produced by rain, flood drainage, springs and seeps flowing over the land or contained within a natural or artificial watercourse.
SURFACE WATER MANAGEMENT PLAN
A plan consistent with the purposes and policies of this section which fully indicates necessary land treatment measures and techniques, including a schedule for implementation and maintenance.
SURFACE WATER RUNOFF
The dispersion or drainage of surface water by natural or artificial means; any overland flow of water across the ground surface to the nearest conduit.
SURFACE WATER RUNOFF DAMAGE
All damage or harm to property values, land, vegetation and water supplies, including but not limited to flooding, soil erosion, siltation and other pollution of watercourses and diminished recharge of groundwater supply, which damage results or is likely to result when the dispersion of surface water typical of the land in a meadow of good hydroponic condition is increased in rate, velocity or quantity.
TEN-, TWENTY-FIVE-, OR ONE-HUNDRED-YEAR STORM
The most intense probable precipitation to occur in a given region in a twenty-four-hour period, with a frequency of once in 10, 25, or 100 years.
WATERCOURSE
Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and all other bodies of water, natural or artificial, public or private, other than swimming pools, which are contained within, flow through or border on the Borough of Westwood.
WATERSHED
An area of surface water runoff related to a point of concentration (such as the topographically determined confluence with another body of water or a man-made culvert, etc.).
B. 
Submission of plan required.
(1) 
No person shall engage in any land disturbance activity on any property within the Borough without having submitted a surface water runoff management plan, together with erosion and sediment control plans, to the Planning Board and obtaining approval of such plan or written waiver of necessity from the Planning Board.
(2) 
A surface water management plan shall be approved by the Planning Board prior to or as a part of site plan approval, conditional use, zoning variance, issuance of building permit, preliminary subdivision approval or any other land disturbance activity, as the case may be.
C. 
Exemption. Site plans for development where the vegetative cover of the land will not be disturbed are exempt from the provisions of this section.
D. 
Waiver. The Planning Board may waive, pursuant to a resolution adopted at a public meeting, the need for a surface water management plan for applications involving lots of three acres or less upon written recommendation of the Borough Engineer, certifying that there is no appreciable increase anticipated in rate or velocity of runoff based on the plans submitted.
E. 
Approval authority; amendments and enforcement of plan.
(1) 
Planning Board approval.
(a) 
The surface water management plan or any major amendment thereof shall be approved by the Planning Board in the manner and form and according to the regulations hereafter set forth.
(b) 
The Planning Board, in approving said surface water management plan, may impose lawful conditions or requirements designated or specified on or in connection therewith. These conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance and continuance of any use or occupancy of any structure or land.
(2) 
Minor amendments. Minor amendments to a surface water management plan may be approved by the Borough Engineer, who shall notify the Planning Board of the nature and reason for the change.
(3) 
Enforcement. If at any time the Borough Engineer finds existing conditions not as stated on the applicant's approved plan, the Planning Board or its designated agent shall order cessation of any work and seek to enjoin the violation or take such steps looking to the enforcement of the plan as may be lawful.
F. 
General standards in preparing plan.
(1) 
The amount of runoff generated from the site following completion of the development shall not exceed that which was generated from the site prior to said proposed improvement and/or development. Acceptable engineering practices shall be utilized in determining runoff.
(2) 
Maximum use shall be made of presently existing surface water runoff control devices, mechanisms or areas, such as existing berms, terraces, grass waterways, favorable hydrologic soils, swamps, swales, watercourses, woodlands, floodplains, as well as any proposed retention structures.
(3) 
Evaluation shall be made of the nature of the subwatershed of which the site is part, the receiving stream channel capacities and point of concentration structure.
(4) 
Surface water runoff shall not be transferred from one watershed to another unless justification for same is presented and acceptable to the Borough Engineer.
(5) 
To the greatest possible extent, the plan shall avoid the concentration of flow and shall provide for dissipation of velocities at all concentrated discharge points.
(6) 
Reestablishing vegetative cover shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, adopted by the local Soil Conservation District, latest edition.
(7) 
Timing for the plan shall establish permanent surface water management measures prior to construction or other land disturbance, to include seeding and establishing sod or grass waterways.
G. 
Design standards. For calculating runoff and controls, either of the following methods may be used in computing runoff: the Soil Conservation Service Method under the United States Department of Agriculture or the Rational Method.
H. 
Data required on plan.
(1) 
The applicant shall submit a separate surface water management plan for any proposed lot, subdivision, site plan review, conditional use, zoning variance or any land disturbance activity, except for an exempted activity.
(2) 
The plan shall contain the following information:
(a) 
Lot and block numbers of the site, as shown on current Borough Tax Maps.
(b) 
Name and address of the owner of the land.
(c) 
Size of the watershed and location of the site within a subwatershed(s).
(d) 
Location, description and quantification of significant natural and man-made features on and surrounding the site, including topography, all impervious surfaces, soil and drainage characteristics, with particular attention to the location and description of presently existing surface water runoff control devices, mechanisms or areas, swamps, floodplains, swales, woods and vegetation, steep slopes and other features critical to the purposes of this section.
(e) 
The size of the nearest culvert or bridge downstream of the discharge area, profiles and cross sections of stream channels upstream of that structure, as well as profiles and cross sections of stream channels at all points of proposed surface water discharge from the site, as required by the Borough Engineer.
(f) 
The location, description and quantification of proposed changes to the site, whether of a permanent or temporary nature, with particular attention to impervious surfaces and interception of presently dispersed flow which may impact upon the capacity of the soil, vegetation cover and drainageways to absorb, retard, contain or control surface water runoff.
(g) 
Designation of critical or other areas to be left undisturbed shall be shown in sufficient detail to be accurately marked on the land. The location and types of barriers to damage during construction shall be shown.
(h) 
Computation of the total surface water runoff before, during and after the disturbance of land and/or construction of impervious surfaces.
(i) 
Proposed measures for surface water management.
(j) 
A schedule of the sequence of installation of the surface water management structures, stipulating current maintenance, continued maintenance and responsibility for same.
(k) 
The proposed maintenance schedule for all surface water management structures, stipulating current maintenance, continued maintenance and responsibility for same.
(l) 
All proposed revisions of required data, as well as such additional data as the Planning Board may require.
I. 
Plan implementation.
(1) 
Limit of disturbance. Critical impact areas and other areas to be left undisturbed shall be physically marked with survey stakes or protected with a temporary snow fence prior to any land disturbance.
(2) 
Timing. The Planning Board shall require the construction and/or installation of surface water management improvements in accordance with the schedule of sequence of installation, as approved.
(3) 
Bonding. The Planning Board shall require the posting of performance guarantees and maintenance bonds as provided in this chapter.
(4) 
Inspection.
(a) 
The applicant shall bear full and final responsibility for the installation and construction of all required surface water runoff and control measures according to the provisions of the approved plan and this section. The Borough Engineer shall inspect the site during its preparation and development and certify that all surface water management measures have been constructed in accordance with the approved plan.
(b) 
During the 12 months subsequent to completion, the Borough Engineer shall periodically inspect the site to ascertain that the provisions of the approved plan are complied with, including the limits of disturbance. The Borough Engineer shall provide upon request a certificate indicating the date the required measures were completed and/or accepted.
(5) 
Maintenance.
(a) 
At the time of approval of the plan, responsibility for continued maintenance of surface water runoff control structures and measures shall be stipulated and properly recorded.
(b) 
The Borough shall retain the right to enter and make repairs and improvements where necessary to ensure that all control measures as well as areas dedicated to surface water retention or groundwater recharge are adequately maintained and preserved. The Borough may charge the owner for these costs if such maintenance is the owner's responsibility.
J. 
Nonresidential developments.
(1) 
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 so that the rate of stormwater runoff post development will be reduced by 50% for the two-year storm, 25% for the ten-year storm and 25% for the one-hundred-year storm.
(2) 
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.
(3) 
Developments may incorporate other on-site stormwater detention or impoundment facilities in the following manner:
(a) 
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 areas as appropriate.
(b) 
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.
(c) 
Detention of stormwater on roof surfaces may be designed.
(4) 
Where storm drains are installed outside streets, easements or rights-of-way shall be required in accordance with § 195-91, Easements. Stormwater management plans shall be designed and prepared in accordance with the latest NJDEP guidelines for stormwater management.
K. 
Residential. All installations regarding stormwater management shall be in accordance with N.J.A.C. 5:21-7.
[1]
Editor's Note: See also Ch. 325, Stormwater Control.
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. 
Nonresidential.
(1) 
Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in a manner and of material as approved by the Borough Engineer 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.
(2) 
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.
(3) 
Where water distribution systems are installed outside streets, easements or rights-of-way shall be required in accordance with § 195-91, Easements.
(4) 
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.
(5) 
All sanitary sewers and storm sewers will be of a material and installed in a manner approved by the Borough Engineer.
B. 
Residential. All installations regarding water supply and sanitary sewers shall be in accordance with N.J.A.C. 5:21-5.
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 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 N.J.S.A. 40:55D-28, as amended by Section 26 of P.L. 1987, c. 102.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.